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Backup Documents 04/13/1999 RREGULAR MEETING OF THE BCC APRIL 13, 1999 NapLes DaiLy News NapLes, FL 3/+102 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY CO~MISSIONERS ATTN: TONYA PHILLIPS PO BOX &13016 NAPLES FL 3/+101-3016 REFERENCE: 001230 //9127:5:5 57860637 NOTICE OF PUBLIC /~EE State of FLorida County of Collier Before the undersigned authoetty, persona~Ly appeared B. Lash, ~o on oath says that she serves aa the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily nevspeper published at NapLes, tn CoLLier County, FLorida: that the attached copy of AdverttBtng vas p~bL~shed in said newspaper on dates Listed. Affiant further says that the said Naples Oat[y Ne~l is a nevspaper published at Naples, in said Col. LieF County, FLorida, end that the said nevspeper has heretofore been continuously p~bLtshed in said Collier Co~Jnty, Florida, each day and has been entered as second class ~at~ setter 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 edverttseeent; and affiant further sayl that she has neither paid nor pro~tsed any permo~, firm or coporation any dtlcount, rebate, co~tssfon or refund for the purpose of maturing this advertisement for pt~oLication in the said newspaper. PUBLISHED ON: 0~/11 AD SPACE: 55.000 INCH FILED ON: Signature of Affiant S~rn tO and Subscribed before ,e this _~ day 19qq Personally known by me PUBLIC ,%REE TING BOAPo OF COUNTY CO~A~ISSIONER$. COLLIER COUNTY FLORIDA ' mil 13 I~ N~lce IS hereby alven ~ ~e C~ller C~srffv ~d ~ ~ C~- mIsS;~S will ~e~ In C~I~ ~ ff~ ~-ountv AdmlnlserO*nr r~tinw' - . nv ~ ~o ~. e~e ~ o vermin Cor~ I~Cludes BOARD ~r COUnTy FLO~A , PAMELA S. ~AC'~ ~A~WO~AN ' DWlGH? E B~OC~ CLEa~ ' , ~ Cse~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 13, 1999 9:00 a.m. NOTICE: :\!,1, PI.;RS()N,~ \VISilIN(; T()Si'I.;..\K ()N.,\NY .\(;ENi)..\ ITl.131 ~ll'$'l' I{I.;(;ISTEi{ I)RI()R T()SI)E.,\KIN(;. ,',;I'I.L.\KI.;I{S ~II;S'I' I{I.i(;IS'l'l.;l{ XX'l'l'll '1'111.i CO UNTY :\ !) 3 i I N IST RA, TO R PRIOR T() T! ! l.; !' R l.;S l.; N'r..vI'i ( )N ( ) I: TI ! E ..'., (; I'~ N I ).,\ ITE.Xl 'FO Ill-: ..\ I)l)Rl.:,',;.'¢,l.;l). (,Ol.l.ll.;l~, ('()I:N'I'Y ()Ri)IN..\N('I.i N(",. 9'0-22 Rl.;Ol'll{l.:~ TiI..VI' .\I.I. I.()IIi{YI.',;'I'.'-; $11,\I.!., BI.;FOi{E I';N(;A(;i.'",,'(; IN ,\,Ns=' i.OBB'VIN(; .-~,("I'i~'ITli-;.',; (i.N("i.I'i)IN(;, NOT I,i.~li'iT;I) TO, ,-\I)I)RESSIN(; Till.; II(),.\RI) ()i.' ('()I'NT'V CO31,~iiSSI()NERN). RI.N;ISTER WI'I'll TIlE ('I,ERK T() Till: ll()..Xl{l) VI' '!'!11.; I{OARI) 311NI"rtL~ A, NI) I{E('()RI)S I)EI',.\RTXlENT. REQUESTS TO ,-\I)I)RESS Tile ll()..\i,ll) ON SL'II,IE('TS '~VllI('II .\Ri.; N()'r ()N TillS :\GENI):\ .XlU,',;T Ill-; SUII311T'I'EI) IN WI{ITI,N(; WI'I'll I-;XI'I,:\N.VI'i()N '1'() TIlE COUNTY ..'~I).XlINISTIL. kTOI:{ ..\T l,l.;..\,',;T 13 DAYS I~RI()R 'l() Till.; D,VI't.; ()l" TIlE 31EETIN(; AND \Vii,I, BE IIi.;:\Ri) I,,;Ni)I-;I*, "PUliI.I(' I~I.;'i'I'i'I()N~''. ANY I'Ei{S()N XVilO I)E('ll)ES T() :\i'l'E:\l, ,\ I)i.:('ISI()N ()!.' 'I'IilN II(),.\RI) \VIl,I NEEI) :\ RE('OI{I) OF 'rile I'I,~O('EI.:I)IN(;S I'ERT.\ININ(; 'l'liEl{I.Tr(), .,\Xl) TliEREFOI{E 31..\Y NEED T() ENSUI{I.: TII.,\T ,,\ VI.:I{IL, VI'I.',i RE('()RI) ()1" PROCEEDINGS IS .MADE. \VIlICll I{!,:('O!{I) IN('I,L'I)I.:S Till': TI.:,~'I'131()N'~' .,\NI) EVIDENCE L'P()N \VlllCil TIlE ..\PPI-:,\I, IS TO BE II..\SEI). Al.I. I{E(;I."4TI.;i{EI) Pl.:BI.i(' .%PI';..\KI.;I,',.% WII.i. Ill.; I.I.XlITI.;I) T() I:1\'1.; (5) 311NU'I'ES U.NI,ESS I~EI,I.XllS,',;I()N I:()R .,\I)I)ITI()N..\I, 'I'I*IE IS (;IL-XNTI.;I) liY Tile Cll:\! RXVO.XI..\N. ASSISTEI) i,ISTENIN(; DE\'I('ES I"()R 'IIIE IIE..\RIN(; I.\11'..\11{I.;I) :\V..\II..,\III,F, IN TIlE ('()I'N'I'Y ('()31311SSI()NI.;RS' ()1.'1.'i('1-i. l,l,'X('ll I{I.;('ESN S('ilEl)l]l,l.~l) I:OR 12:00 N()()N T() l:{10 I'.~I. INV()('.\TI()N- I'..\S'I'()i,', l)..\VIl) i.I.;\VIS- I.'11{.',;'1' IL~I"I'IST ('III'R('II ()!. NAPI,ES PI,El)GE ()F ..\I,I,E(;I..\N('E Alqq~,O\':\l, OF :\(;ENI)..\S Approved and/or adopled with ehanRes- 5/0, with the exception of [lem it lb..\ I I - 4/0 (Commissioner .Xlac'Kie abstained) I 13. A. B. C. APPROVAl, OF CONSENT AGENDA. APPROVAl. OF SUMMAIIY AGENI)A APi~R()VAI. OF REGI.;I,:\R AGENI)A. APi'ROV:\I, O!.' 311NUTES Approved as presented - 5/0 March 9. 1999- Regular Meeting March 19, 1999- Workshop .March 23, 1999- Regular Meeting PROCI,AMATIONS AND SERVICE AWARDS ^. PI,IOCI,AMATIONS Proclamation proclaiming the month of,-\pril. 1999 as Walcr Conscn'alion Month. To be acccplcd by Mr. Robert (h'il'lin. Chairman, Collier Soil alld Water ('onse~'ation l)istrict. Adopted 5/0 2) Proclamation proclaiming the week of April 18-24. It)9,) :l:; N;~lional County Government Week. To be accepted by Robert I:. l:cm',mdc/. County Adminislrator. (..'oilier County. Adopted - 5/0 3~ Proclamation designating Iht wcck of April 18 - 24. 19')9 as ('t~llicr ('ounty Law Enforccrncnt \"oluntccr \Vcck. Adopted - 5/0 B. SERVICE AWAllDS Presented e I) 2) Mary Esch. EMS - 20 Years l)avid Fox. \Valet Dept. - 5 Years C. PRESENTATIONS I) Rccomn'~endation to recognize .left Bolcn. Nclwork Tcch Professional. Inrom'mtion Technology Department. as [:.mploycc of thc Month for April 1999, Recognized APPROVAl. OF CI.ERK'S REPORT A. ANAI,YSIS OF CliANGES TO RESERVES FOil CONTINGEN(:I ES. 2 April 13. 1999 I) To present thc Certificate el'Achievement lbr l!xccllcncc in I"in:mcial Reporting to the Board of County Commissioners Iht thc Fiscal Year ended September 30, 1997. Presented 2) To present to the Board of County Comnlissicmcrs thc ('oml'u'chcnsivc Annual Financial Report for thc Fiscal Vear cmlcd Ncptcmbcr .'~). 1998. Presented PUBI.IC PETITIONS A. Mr. Elhanor~ ('ombs regarding a zoning inteq~retation. Staff to meet w/31r. Combs re clarification. Bo .Xlr: Frank Blanchard. Chairman of the Marco Island Beach .,\dvisorv Committee. regarding the dredging of ('oilier Bay ami thc inst,ilathm ,,l' l. groins. To come back as regular agenda item. COUNTY AD,MINISTRATOR'S REPORT A. CO3131U,NITY DEVEIoOPMENT & ENVII*,ON311LNT:~,I, l) .,\pprovc first amendment to the 199S Tourism ,,\grccmcnt hcI~,k cch ('oilier County and thc Tourism Alliance of('ollicr ('ounlv. Continued to the meeting of 4/27/99, at which time an update the Visitor's Bureau will be presented - 5/0 2) Accept thc 1999 Standard Tourism :\grecmcnt bctxvccn (_'o!licr ( and the Naples Area Chamber oF Commerce. Continued to the meetin~ of 4/27/99- $/0 3~ Adoption ora resolution estahlishing and appointin~ mcmhcrs to a comprehensive plan standards ad hoc committee to review clustering and natural resource protcclion standards. Res. 99-202 appointing Richard Yovanovich, Wnyne Arnold. Joe McMackin, David Bryanl, .Jeffrey %Vails, Clyde Quinby, Tim llnncock, Reid ,Jarvey, Whit Ward alld Ray l'elletier - Adopted 4) To review the recommcrldatior! of lbo (irealer Naples ('ivic Association (GNCA) rcgarding Iht creation of a select commiucc to oversee thc dcvclopn~cnt of a comprehensive t~rhan rural design maslcr plan for Collier Cotlllty. Res. 99-203 appointing Joe McCarris, Gall Borman, i.aura Burke, Sally Barker, Mike Davis, Susan Watts, Jeff Perry, Tim llancock, David Guggenheim, Samuel Nee, James Rideoult~. and Terri Tragesser - Adopted. Commissioner Carter appointed as IJuson. 3 April 13. t99t} 5) Added: 6) Added: 7) Added: 8~ Moved from Item #1 9) Moved from Item #1 10) Be Moved from Item #1 I) U'pdatc on Code EnForcement Board action to pursue tbrcclosurc o1' outstanding liens. Presented Request to approxc for recording, thc finnl plat of"oldc ('yprcss ['m~ Olle" and approval office pcrtbm~ancc sccuritx'. Approved- 5/0 ~sith construclion ancl maintenance a~reemcnl, and stipulations R. equest to approve for recording, tile final plat of "Pta/a of( ;al lcria" Approved - 5/0 Request to approve for recording, the final plat Naples" anti approval of the standard titan consl)'uction IllailllCllaiIcC agrCClllClll :ilia approval OJ'lJlC [lCI'I~II'Ili;II1CL' Approved - 5/0 with conslruclion and mainlenance performance security and slipulalions 6A5: Request for authorization to J~'ily tbr a Ira~l.'~porl;.liJOll analysis prepared bv URS Grcincr \Voodward-Clvdc related it, thc ('omprct~cnsix c Plan Amendments for density reduction. Approved - 5/11 6A6: Request Ibr additkmal l'unthng to prepare xvo:-k l'm,.lucts related t{, thc Comprehensive Plan Amemhrlcnls tbr tlcnsitv rcduclitm. Approved - 5/0 PUBI,IC WORKS 6B7: Approve an Agreement between tile County ;tnd [ '.S. I lomc Co~oration (USlt(') Ibr Median Landscape lmprovcmcnls on ('R adjacent to Naples t lcritagc Golf and ('ountrv ('1 ub ( N I I(J('(' ). Continued to 4/27/99 - 5/0 PUBI,IC SERVICES 1) 2} Approve thc purchase for 175± acres oflpropcrty located one mile south of Immokalee Road between 1-75 and tile ft~turc I.ivingston Road for a proposed regional park. Approved - A follow up report regarding an cf for! to establish a Xlt~nicipal Sen'ice Taxing Unit (MSTU} tbr thc co~lstrtlclioll and a neighborhood park on Tract 179 located in Golden Gate. Staff recommendation Approved - 4/! (('ommissioner ~orris opposed) 4 April 13. Moved from Item #16C2: 3) Approve agreements with pcrfimnc,'s for .lax/t.'cstival. Continued Io 4/27/99 - 5/0 Moved rrom Item #16C3: 4) Authorize thc County Altorncy's office to draft an ,~rdinancc amendment to increase thc Tourist Tax allocation for thc ('oilier County Museum. Approved - 4/! (Commissioner Conslantine oppo,,ed) I). SU PI'OI*,T SERVICES I) Recommendation to Accept Staff's ,,\nalvsis ol'~horl-'l'crm (;cIlCl'itl Office Space Needs. Sial'Ps Recomnlendalion :\pproved - 5/0 E. COUNTY ADMINISTI,IATOI{ I} Prcscnlation of'"Post-,,\ccidcnt ['}rug T::,ding l'r~u[-ml~" Inil]al~x c. Presenled 2) Discussion regarding the revised agenda I}~rnl;:l 1o bcgiu with Iht April 27, 1999 BCC meeting. Present Agenda to remain the same: additim~al backup 1o included in agenda packet. .3 ) Report regarding quarterly mcctings bclxvccn thc ('ounty. ('itics ami School Board to discuss subjects ofrnulual COllCCFI1. Presented F. AIRPORT AUTllORITY 9. COUNTY ATTORNEY'S REI'ORT 10. BOARD OF COUNTY COMMISSIONERS Appointment of members to thc }!nvironmcntal Adx'isorv ('ouncil. Res. 99-204 Appointing W. Terry ('ole, .Milton Keenc ('ornell, 51arco Espinar, Blair A. Foley, William W. Ilill, l)r. l)aniel .l:~ckson, Jerry ('. Neal, Monty D. Robinson, Thomas W. Sansbury - Adopled 3/2 {Commissioners Carler and Mack'Kie opposed) B. This item has been deleted. Co Discussion regarding resolution concerning thc ot'licial language ot' govcmmcnt. (Commissioner Carter). Res. 99-205 Adopted 4/I (Commissioner Mac'Kie opposed) 5 April 13, 1999 I). Discussion rcgarding thc prohibition ofopcn Iircs. ((',mlnlissi~mcr ltcrry) Staff lo draft an emergency ordinance and brinl, l back ,n 4/27/99 (Consensus) Eo .&H'minlmcn! of members Io Iht ('oilier ('ounlv lmluxtrial I)uvchqmwnl Authority. Res. 99-206 re-appointin~ John R. Ilumphrey and Barlmra .\linch Rosenberg - :\dopted $/0 Fo Appointrr~cra c, fmcmbcrs lo thc l tcalth l.'acilitics ('ontin,ed to 4/27/99 - .,\ppointmcnl of members to the l lousing Finance ,.\ulhorilv Res. 99-207 re-appoinlinp.. Gary I,ind and I)a~'n I,ilcl~fichl - ..\doplcd 5/0 11. Rcsolulicm regarding animal abuse ;llld cruelty cases I..dlct, hV j)~IllL'%IIC Animal Services. (Commissioner Res. 99-208 Adopted - Added: I. l ;pdatc on Flood .Maps - Presenlcd by Ken l'inc:m 1 I. ()TILER II'E.~iS A. ()'I'IIER C()NSTITI;TION:kl. ()FI:I('EI~,S Moved from Item #16111: J ) J~{2¢Orllrll¢lldaliOll to the Board ol'('oJlnlx' ( iht COPS Universal l liring Pro,ram Stq~plcmcmal (;r~mt Axvard '95CCWX0265. Approved - i't.'lil.l(' COMMENT ON (;ENEIIAI, TOI'I('S Al Perkins re County parks. PUBI,IC ilEARINGS WII,i, lie IIE..\Ri) FOI,I,OWIN(; STAFF I'I'ESIS 12. AI)VERTISEi) PUBI.IC IlEAl,lINGS- B(,C CO,MPREIIENSIVE PI.AN ..\,XlENI),XlI.;NT,$ ZONING A31END,XlENTS OT!I E R I) Petition SNR.~}8.13. I)onna l)cs lin, rctluC.,,lin,u a street name ch;rage from 2R"~ Avetltle SW lO Painted l~caf [.lille. located in (;o.~tlcll (;ale Estatcs Unit 30, in Section 29, Township 49 South. Range 2(~ I(asl. April 13, 1999 13. R~s, 99-Z09 ,\dol)ted - -1/I (('ommi~ioner ('after Opl)O~cd) 2} Petition SNR-98-10. Donna Dcvlin. rcclUcsting a slrcct nalnc ch;ul,.2, c l'mm 18~h Avenue SW to ('cdar Trcc I.anc. h,catctl ['2stalcs Unit 31. in Section Res. 99-210 Adopted - 4/I (('Omnlissioner ('after oplm~C(I) 3) Pctition SNR-98-12. Donna Dcvlin. rcqucsling ;~ ~,trcct I~Olll 2()~h .,~VClltlC S~k' Io ('oppcr l.caf J.;lllC. Joc;Jlc, I ill ( Estatcs [;nit 30. in Section 20. Township 49 South. R;mgc 26 Res. 99-211 Adopled -4/i ((~ommissioncr ('ar[er Ol)l)OScd) 4} 5) ['clition SNR-98-7. l)cmll;.I l)cx iin. I':statcs {:nil 31. in Suction 2ri. 'l',)wnship 49 Res. 99-]13 Adopled - 4/I (C,mmlissionm- ('after opposed) Pclilic, n SNR-98-8. l)tmna l)cvlm, requesting ;~ sl:'ccl n;m:c cl~;~t~,u, Estates Unit 31. in Section 20. Township 49 SOtlI]I, I~,tllgC 2(, I';~sl Res. 09-214 Adopted - 4/I (('ommissioncr ('al-let OlqmScd ) 7) .-\lncn,.hncnt ;.o thc ('odc [{nl'orccmcn! }:loard ()rdinL!ncc plo,, idyll[,, li~:.. uhilttv lo cslablish morc lh;.tll OllC Board and itlCI'c'iINID~ IJlc shiil~X {~I' liens filed by thc Board. Ordinance 99-~6 - ..\dopted - 5/0 8) An Inlcrlocal Agrccrr~cr~t bctwccn thc ('ltv of Naplcs and ('oilier County providing lbr thc subsequent issuance oF I'l)/oning ;Hid I)RI Development Orders by thc City o1' Naples Ibr thc entire consisting ol'a 111i1i'i111t xxith 450 dry storlqzc bitv capiicily ami 3~, xx ct staging, and J)O;ll and marine sales ;llld rcm;ds, known as J l;lllliJloll I larbor Iocillcd oJ'l' [~;ly. J:crn. and J)an Iici'ti hi reels itl hccl and 27. Township 50 5outh. Range 25 l{',~st within thc ('itv C'ollicr County. Flor/da consisting o1' 1{}3. acres and :~lso Section 23. Township 511 SOtllh. Range 25 J[ilSl within thc tminco~orated Collier Cotmty. Florida. cons/sling oF 21 · acres. Approved - 5/0 BOARD OF ZONING :\PI'E:\I.S · ,\. :\I)VERTISEI) PUBI.IC llE..\RIN(;S 7 April 13. 1999 14. 15. B. OTIIER STAFF'S C(),M,~I [/N ! ('A'I'I¢)NS IIOARI) OF COUNTY CO~I,XlISSI()NERS' ('().xI.XlI.'NI(',VI'I()N~ h. I)JSCtlSSJOII re llleetJllg betxx eeo tile Board of ('Otllll\ ('OHlll~issJO~lCl'$ :tl~tJ thc ('ltv of Naples. B. l)iscussion by Commissioner Caner re Slreetscape Comm~ltcc. 16. CONSENT AGENDA - All matters listed under this item are cousidcred Io be routine and action will he taken by one motion ~ithou~ selmratc discu~si(m of each item. If (liscussion is desired by a member of the I~oar(l, that item(s) ~'ill l)e removed f'ron~ the Consent A~enda and considered separately. &ppro~'cd .'llld/or adopted v4th chauges - $/0, ~ ith the excei)tion of Item #1 ~..~, 11 4/(I (Commissioner Mac'Kie abstained) A, ("O.XI.MUNITY I)EVEI.OI)31ENT & I:.NViI.~()N.'XlI-;NT.\I..";I-~P, VI( 'ICh I) ..\pprovc the SatisFaction of [.ten for Public Nuism!cc I*,csolulion .113. 21 Accept s¢cor,.l ii111Clld111Clll. !.o JJlc 1997 ']'c, urism ..\?'ccnicnl I~ctxk t.'c~i ('oilier Counlv and Visit Naples. Inc. To include expenses in the amount of $I 5,948. I fi 3} Request It) approve for recording fi~c final plat of \'illa.,~ at ( ;rccnxx,~o,t l.akc and approval of thc pcrfon'nancc security. With ('onstruction, Maintenance aud I':sero~ ,.\~reemenl and Stipulations ..\pproval of site alterations exceeding 25 acres Ibr clearing aml lilling thc Cedar [tarnrnock Goll'Coursc Dcvclol.mlcnt. Moved to Item #8A9: 5) P, cqucst for authorization to pay lbr a transptmation analysis, prclx..cd by URS Grcincr Woodward-('lydc related to thc ('omprchcnsivc Plan Amendn~enls for density reduction. ~lovecl t,~ Item #8.\ 10: 6) Request lbr additional I'undir~g to prepare work products related t,> thc Coml~rehcnsive Plan Amendments tbr density reduction. 7} Approve thc attached Satisfaction of 1.ich lbr Pul'~lic Nuisance Resoh~lion 94-496 April 13. 8) Authori×alion ova 5¢)% waiver/50% deferral of impact IL'cs house to be built by Tin~oihy M. Ringer alld Molly ..\. Rin~cr Golden Gate Eslalcs, Collier Cotmty. Res. 99-189 and Agreement 9) Authori×ation of a 5¢}% waivcr/50'~, deferral house to be built by Susan J. Frederick in (;olden {;alc I!sl;.tlcs. (.'oilier Res. 9%190 and Agreemcn! Authorization ora 50% waiver;5(}% deferral of impact fccs l'~)r house to be buill, by Julio C. Cisnero$ and Vatlir;, ('isncro'~ Block 3 in ,Naples Manor Additic, n. ("o. llicr Res. q0-191 and AI2reement Commissioner Mac'Kie abstained: I I~ Request to approve the final plat ol'"Pcbl~Ichr{~okc l.akcs Ph;~sc2" With Construction and 51aintenance ..Mlreement and Stipulalimls 12) Authorization oFa 5(1'~/~, waix cr/50"4, dcl~-rral ofimpac! fccs IBr one imusc Io be built bv Reno 'l'rQo in Naples klaner Am~,:x. ('~llicr County. Res. 99-192 and AgreemenI 131 Approve thc attached Sa!isfi~ctiou of l.icns for Public Resolutions: 91-675.91-41 II. 91-4(tt). ')(I-551.9i).d{, ia) Request to approve for recording the final plat of"P,i~ crchasc Commons" and approval of the performance security. W/l~etter of Credit, Construction and Mainlen:mce ..\~reemen! and Stipulations 15} Approval ofa lease agreement between ('oilier ('otmlv and Acme Towel's, [tlC. For the construction and operation of monopolc cmnmunic;llion~ lower withiu the Vineyards Community park B. I'UBI~IC W(}RKS 1) Approval to renew Contract ~95-2430 for I!nginccring Scrx'icc.,,. Bridge and Structure Repairs. With Kissinger Campo and Associates Corp. fl~r En~incerin~ Services, Bridt~e :lnd Structure IIt. lmir~ for the rt'ne~val period OIl¢ year 2) Approve a Budget Am¢lltllllellt to replace a gcllcralor ;.tlld rcllox';.flc Ibc electrical system at thc Naples Landfill Scalchousc. in the amount ofS19,500.00 9 April 13. I 3) 4) 5) 6) Moved to Dcm #SB1 7) 8) 9) 10) 11) 12) 13) 14) Approve a Road Impact Fee Detcm'finalion for St. Katherine's ( h'cck Orlhodnx Church. ,,\ward a Conlract to Native Technologies, Inc. for l'ha,~c VII, wide Ditch Bank Clearing Projecl. Bid No. In the amount of S49.345.00 for 8 'work siles R(icct RFP #98-2866 for Fixed 'Fcm~ Profcssiom:l ('on~lruction Engineering Inspection Services. Approve \Vork Order ABB-FT-99- I to Agnoli. Ilarbcr and I~rumtagc. Inc. fi~r Engineering Services related to a Pmpc)scd 16-inch \Vatcr Main along Radio Road. Proiect 70029. In the nmount ofS49,943.00 ;\ppmve an Agrcerncnt bclwccn the County and t :..'q. I Ion~c Corporation (USllC)Ibr Median l.antlscapc IIIII)I'OX CIIlCllIS 011 ('J~ ')~1 adjacent to Naples I tcrilagc Golf and COIIIIII'V ( 'J Lib ( ~ J l( J( '('). Change Order No. I to Addcndurn Nc). 3 ofthe,,\grccmcnt with lay, Engineering and Environmental Sen'ices. Inc. for cn,,.pnccring and permitting work on thc Lely Area Stormxv:~ter Improvcn~cn! I'rojcct (F'roject No. 31 l(}l). In lite amount of S60,686.30 Approve Amendment No. 1 Greeley and I.lanscn for design and implementation ol'30-inch parallel sewer Ibrce main on lmmokalcc Road. Contract :tt)8-279~}. Project No. 73943. in the amount ors 24,936.00 Approve Revised Scttlcmcnl .,\grccmcn! and Final ('hangc ()rdcr relaled to the South ('OttlllV Reclaimed \Valer Sic, rage Ponds. l)rojccl 7401 I. Reject itid No. 9S-2834 Ihr Ostrophc~sphalc. l)(~lyl.~hosl~halc Slag authorized to re-bid Incrcasc dollar amotlnt for Solc Source Purchase (')rdcr :ti,) 1333,,~ to Robicon for variable frequcncy drive repairs. From the existing amount of S24,999.00 to the adjusled amoun! of S57,000.00 ,,\ward Bid 99-2918 for Watcr Meters To AIIB Water :Meters Incorporated Approve an Agreement providing Ibr ('ountv 'l'ra file ('omrbl Jurisdiction over roads within thc Villages of Xhmlcrcv Sul'~division. April 13. 1999 To Drovide the a~reemeul to the ('('SO an(I a(ht the ~'~i ('nmnmnify to il~ I)afrnl l)aftern ('. II'L'Bi.lC SF. RVICES 1) ..\pprcwc ti resolution al'~poJntJn~ of l'iccrs Fair and Exposition. Inc. Board o}c Directors. l,tesolution 99-193 appointing Terry Pa! Cookson, ,lohn Yonkosky, Taylor Baker. i),anc \Vheelcr. 'lmli I lorne nnd .Io Seh'ia Moved to Item #8('3: 2) :\pprov¢ agreements with pcrlbrmcrs I'or Ja// I:cstlx ;ti With Tom Scott and Warren Il]Il for a l)crfornlanct' ;11 tilt' st'Cf)li(I annual Ro)'nl Palm ,Inzz & Aris Festival in the ;llll()lllll ()f' S25,01)1).00 51oved to Item #8('4: 3) ..\uthor~/¢ 111¢ ('ountv ,.\tlomcv's oft]cc t~, dral't ;m amendment lo increase thc 'l'ourlst Tax alh,cuti,,n li,r thc ('out{tv Museum. I). %UPPOi,IT SERVICES I) ..\pt'~rc, val o f an .,\~rccmcnl I',.:twccn l,[icca;'do [~. R ~x ;i ,. I'll. I ).. I' .~. and ('oilier County lbr thc Maintenance ~l' a t 'rt~x Rcsp,msc I cmn ~n thc Event oFa Disaster. In the amount of S150 per monH}/S1.800.00 per)ear for as Ion~ a~ the agreement remains in effect 2) A Resolution for ,,\pprm'ing Ih¢ Satisfacll,,li ol'l ica l;~ ;L ('cl'la~ Residential Account ~VJlcrclll thc County has rccc~x cd I'avlncnt alld Said I.icn is Satisfied Disposal Services Spcciit] Re~olulion 99-194 3) ..\ Rcsolt]tion l;ar :\pprox in[: thc ~;lllSlil~.ll,~ll,, ~t'I Residential .,XCCOtlHIs Wherein thc ('ott)ltv Said l.icns ar~ Satisfied in Full ibr thc I~}'M and Disposal Services Special .-Xs~c~smcnl~. , Resolution 99-195 4) ..\ P, csolution for Approx']ng thc Satisfaclions of'l.icns Ira' {.'crlain Residential Accounts Wherein thc (',marx has rcccix cd alld Said I.icns arc Satisfied in [:till Ibr Iht 1993 Solitl Waste ('ollccti~m and l)ispt,sal Sca'ices Special Assessments. Resolution 99- ! 96 It Apsz113. 1')gq 5) "r) Department of C'ommtmitv Affairs and (',~llit.,r ( Exlending the dale Io Augus! 31, 1999 ..\ttthori;,at{o~l lo l!×¢CtllC Nati.xl'act~ol) of I.icll I )( ,~.'t~l~Clll?, I:'J Jcd .'\~tlill$1 R¢itl l'ropcrq,' for ,\hiltClllCll! ol'('ourl$ to Record Same in Florida. S) .-\ l~,csoluti(m for Approx mg Residential ,,~ccoulll ~Vhcrchl Haid I.icn is Satisfied in Full l)isposal Services Si)ccial .,Xsscssmcnl. Re~olufit)n (19-107 9) .'\ Rcs,')lulion liar .,\l')l')rovlr~g thc .~;ItisfdCllo;l ,~f'l lOllS ii>)' ( 'crlalll R. csidcnlia] Accotmls Wherein Iht County l~as rccc~cd l'avmcnl and sltid l.icns are Sntisficd in Full Ibr thc I(m4 Solid Xvastc ('t,llcct~,m and Disposal Services Special Assessments. Resolu lion 90- ! 98 It)) Award of Quoits to Three (3) Vendors I'(~r 'I clcm~:lrx .'qcrx )cc )~ Excess oflhc $25.t)()1) Bid [.imil. To the ('onsolidated l'o'~','er Service~. Inc.. %%'ilkin~. Xlalcolm & Associates. Inc. and l)ala l:lo~v Syslems. Inc. 11) Contract between ('ollicr ('ountv and thc Soulhx~ esl Florida Planning Council lbr l la/ards X'ulncrabililv and ('ritical Facilities Mapping. 12) :\pprove thc Purchase of an IL-One l%~S Navisl;u ( In lire amounl of S145.470.00 from E-()nc 13) To Aulhorizc Chain'nar~ Io Sign Slate of I'l(~rida I:\IS \latching ( ;rani Applicalions. ('()I:N'I'Y A I),%IINISTRAT()i,/, 1) Budget Arncndrncnl Report - Ih,dgct Amcndmcnl N(~s. t)'~-212 and 21t~. BOAIH) OF ('OUNTY C¢),%I,%IlSSI()NEI,),S MISCEI.I,ANEOUS (70 RI,~ ES i)()Ni) EN(-E 12 April 13. 1909 1 ) Miscellaneous items to file fbr record with I!. ()TILER CONSTITUTIONAl. OFFi('EI{S Moved to llem #I IA: I ) RccnmtllClld;fliOll to the Bo;~rd ~I'('OHIIIV ('~Wllmi~,~hHwr~ thc ('OI)S Universal I tiring ~}5CCWX()265. 2~ J,~CCOllllllClldalJoll that Iht Jioill'd ol'{.'C~tllll,v ('()IBlll~sMolI,:I'S scr'~ c its Ihc l,ocal Coordinating t Init of'Government in thc SI;tlc of Florida's Dcpa~mcnt ofCommunily Al'filirs' Anli-I)rug ..Xbusc Acl (jralll Program. 1. ('()UNTY ATI'ORNEY l) R, CCOllllllclldaliOll thai lilt Ito;u'd ot'('olltll\' ('Olllllll~,Sl~HiCl.S ii{h~pI ii rcsolulion establishing an allcrnalivc procedure lhr linc ;q~p~m';~l ~t' subdivision plats. Resolution 99-199 .I. ,\ ! i,t I'()I,UI' AtI'i'll()RITY I} Approve .'l Budget Amcndmcnl that will rco~gni/c ln-Kiml .";crvwc,~ ,~l' $16.000 to bc prnvidcd by Iht Fhmda [)cp;llllllcnl 2) This item has hccn deleted. Approve a Budget Amcndrncrlt lhat ,,,.'ill increase Ibc Xlm~gro', c Clearing Project Budget hv S36.667.00. 17. SUM.MARY ,,\GENDA - Tills SEC'I'ION IS FOR AI)VERTISEI) I'UBI.I(' IlEARINGS AND 3lUST ,MEET TIlE FOI,I,OWING ('RITERIA: I) A RECO,M,MENI)ATION FOR ..\i~Pi,IOVAI, FR()M ST..\FF: 2) ItN..\NISi()l;S RECOMMENDATION FOR APPROVAl, BY Tile ('()I,I.IER (;()liNTY PI,ANNING ('O31MISSION OR OTIIER AUTllORIZIN(; .,\(;EN('li';S ()F AI,L ,~IEMBERS PRESENT AND VOTING: 3) NO WIIIT'I'I.~N ()R ()RAI, OBJECTIONS 'FO TIlE ITEM RECEIVEi) II't" ST,\ FI", Ti l E ('()1,1 ,I ER COUNTY PI,ANNING COMMISSION, OTliER At;TIIOI*,IZIN(; A(;EN('IES OR TIlE BOARD, PRIOR TO Tile COMMENCEMENT OF'FIlE Il('(' MEETING ON WilICll Tile ITEMS ARE SCIIEDUI,EI)TI) lie IIE.,\RI): AND 4) NO INDIVIDUALS ARE REGISTEI*,EI)TO SI'EAK IN OPPOSITIO.N' TO TIlE ITEM. Petition CU-99-1, Blair Foley, of Coastal Engineering ('onsultanls, hie.. representing Alexander Salem. rctlucsling Conditional ~sc "7" o1' thc agriculture zoning district lo allow a church and related Ihcilltics fi)r properly located on thc southwest comer oF hnmokalec Road (CR-846) and Rivers Road. in Section 30. Toxvnship 48 South. Range 27 Easl. Collier 13 April 13. IOq9 l:lorid:~. Resolution 99-200 Petition \'-~;'0-2, Stanley V. l,~ichards represctttil~g \Villiam and 'l'ar:~ requesting a 1.44 [bol ~tt~cr-thc-filct vari:mcc, l?om thc required 3~ yartl to 2$.56 lket [bt a single I~lmilv reside,cc u,dcr c~lstructio,. subject property is located on 17~' Street S.W. and is fi~rlhcr descri.hcd ;~s Iht south 180 Feet ol'Tr~tct 1O6. Golden Cia~e l~s~:~lcs, l;nit Resol.tion 99-201 Petition PUD-98-19 Robert I,. Du;tne. AI('P, ol'IMc. Inc. representing Boyt~c South t~.g.A., requesting a rc/onc l'r,m RSF-3. (;( ', ('-3 and "A" to "PUD" i~lanncd ~ ~,it Dcvclolm~enl South l~r a maximum or 154 si,glc i~,~ilv and mulli-lk~milx. 64-ui~it mold, a ?lfcoursc. cluh JlOllgC ;llld dtixi,~ ra,~zc l:or propcrlx J*~t';llCtJ on thc south side of U.S. 41 East. :ipproximalch' 5 Section 2fL 'Fownshil~ 51 South, Range 27 c,mtaining 242.35, :- acres. Ordinance ~)9-25 CONTINUED TO 'file APl{Il,. 27,~ 1999 NII';E'I'INC I'ctiti,m David Il. [:am~cr, L:.I.. ol'('oastal i'~nginccring ('onsultanls. Inc., Thc C'lt~b Estates. L.C.. rctlt~csting a rezone from Unit Dcvclol.m.~cr~t in order to mcr~2e The ('M~ l(statcs I'l 'I) 97-69) and 99.~_ acres oflhe Casa I)d Sol PI.;D new Planned l.:nil Development rcl~rrcd to will consist oi'51 residential dwdling ,nits and area For properly located on thc west side of('.R. north of Rattlesnake l lammock Road in Sectio, In. 'l'oxk nship 50 Range 26 East. Collicr County, Florida. consistbg of 254.7 , acres. 18. ADJOURN INQUIRIES CONCERNING Cli..\N(;I.;S TO TIlE I~O..XRI)'S ..\(;ENi):X Sli()l;I.I) lie MADE TO TIlE ('Ot!NTY ADMINISTIL.\TOI:I'S Ol:Fl('l.~ ..\T 7744383. W O R K S il O l' tX I:tOARD OF COUNTY COSI,XlISSI()NERS' WOI{KSII()I, T() I)IS('USS Till,: PROPOSED I.OCAI. OPTION SAI.ES TAX Wli.l. l}E ilEi.l) INISIEl)i,kTEI.Y FOI.I.OWlNG TIlE REGUI.ARI,Y SCIIEI)I.;I,EI) i]()ARI) MEETIN(;. 14 April 13. 1999 ,.1GE,Yi)..I ('ll,-I,¥GES BO..I RI) 01: COUNTY COMMIS.¥10,¥ERS' ,$ Ii:'1:' TI,X'(,' ..IPRIL 13~ ,I 999 ,.IDD: ITI':M 8(,I)(6),REO. I EST 1'0 ,-IPI'ROI 'E /.'OR RI','('ORDI,Y(;. 1'lIE I"1,\'..!1. /'1,.,I T 01.' "OI, DI: CYPRES,Y. I'.¥1T O.¥E" ,,IND ,II'PROI:,II, 01: TIlE I'ERI:OR,II.,I.¥CI:' 3'L'('t'RIT): (,¥'I'.II.'I."X REQUEST). .,IDI): I7'l':M 8(,,11(?) - REQUEST TO ,,IPPROI'E FOR RI':CORIII,¥(;. TIlE !"I¥. !1, I'L.,IT 01.' "PI,. I/...I OF G.,ILI, ERI..I ". (,¥T..Ii"I"'S REQUEST). ,,IDD: ITEM 8(..11(8) - REQ[,'I':ST TO .,II'I'ROI'F, I-¥)R RECORDI.\'(L 1'111:' /"/.\',.I/. I'/,.,IT 01,' "I.'ORRESI' GI, E,~~ 01: .¥..11'L1':3'" ,I.VD .,IPI'ROI ~.11, 01.' TIll.', .¥1:I,VD, IRD I.'¢)R II ¢'¢)\3'TR! ,,!,YD ,%!.,I I.¥ TE.¥,.!.VCE .,I GRI':I':.tIE~X'T ,.I,YD .,I i'I'RO 1 ',.! I, 01.' fill': I'l.:R I.'OR ~1..i .\'¢ 7:' ,¥/:'~' '! R I 1')'. (ST,.II.'F'S REQ['I':ST). the Florida gVater WiSe Council, £nc., an orqam'zattbn of pubh'c and private partnerships, was created in 1993 ~y the Florida SeT/scape Commit~ iff o~d~ to ~ncoura~ all aspects of wa tar amon~ producers ~d users ~nd to promo~ and achieve sound water ma~9~m~nt practz~ w~h will protsct the enw~onment; and, WN~R~A~, with over I~ volunteer members re~cesent~a industm~s o~ ~nt' ' ~nd ~overnmen~ a~enc/~' ~he F/om'~a ~/-,-- n~: .... : . roster coo~era~on amana diverse wc~ec .... ;-, .......... o embers aP ~he a~mcuHuce mdus~, ~c p/umb~ ~dus~cy, u~i~s developers, enWcanmen~ah~s, manufacturers, cad,rectors, and educators, ag well as ~overnmen~a/ and regulatory a~enc~s.' ~EA& ~he Council cons/s~enHy promo~ wa~er conservation by deve/opin~ wa~er wise ~uideh~es, d~semina~in~ wa~er conse~va~io~ ~forma~n, serv(n~ as a resource for ~he de~e/opmen~ of partnerships and advocaHna wa~er man .......... - , 'de ' ~ ~nta~l pracTiCeS core, tibia with econom/c arowt&, and, are ~EP~$, the Flor/da ~ater ~t~e ~ouno7 has t'dentt'f~d an add/t~bnal oppof'fom'ty to re/se conservaHon a~ren~$ and has des/anated ~priL typt~a//y the last mo~th o~flam~da? d~ s~o~ ~0~ water needs are ~ost acute F/or/da ~ L "i ~af~' -'. , as . - ~ . .... ~O~afion ~onth to educate consumers save ~ ~_~bdou$ water r~o~c~ ~~ ~o save ~ter including eltm-low¥1ow plumb~9. Xer~cope ~~ and t~i'f?q. ~e Of ~n ~rink/er~.~ h"/p conserve water.' ~ER~A$, ~¥~.~Water, ~acfi of a~ricu/t~e and t~dust~ ~a~ coaverted to ~nserv/~ ~$tem$ for ir~iaaHon, and co~.~'eonserb~ W~er~ d natural resourct ~hat is vita/to eye,one. NOW rH~e~o~ ~ '~i reac/aimed by the Board of Coun~ Commissioners of Co/her C°un~~~Lfhq'montk bf / ri~ I999 be des/ m Co/h~r Country.ge e~ comumer to become more aware of the need to save our precio~ ~teh Supply and to take appropm~te measures to conserve and protect this dtal natural resource. DONE AND ORDERED 7'N£$13th Day of Apn'l, 1999. ;7':.. BOAteD OF COUNTY COMM£55ZONER5 PAMELA ~. Iv'tACK~E, CHAT. RW~tVtAN - O C L A A r Z O N rq America's earliest immigronts placed great faith th the coonW form of government, which trac~ its roots to Englishshice,' and, county government /s truly vita/to the nation's ot/zenry, serving the most resonant and pure of Iocal government vat, es; and, when the federal government was formed, the framers of the ConsNtution Rave great weigh t to t~e importance of county government and its dual value to both the state and federal government; and, counO' government's pr/mary concern is to assure that county leaders provide information and encouragement to its citizens so that together they can build stron9 sustainable communities which nurture the economic, environmental and social well-being of afl citizens,' and, WHEREAS, the qua#ty of h'fe for afl Americans is dependent upon cho,~es that accommodate economic development while preserving w'tal natural environmental ¢ystetr~' arid,: WHEREAS, natura( sc~t~ml~i ~nd hittoric r~rces are ,mpormnt WHEREA$, h~ p~ of grownR of a communi~ v/sion should be open and in~nd reH~I the d?verse popolaNon of the community; WHeElS, ~hta/thy, dr~-free communiNes are nec~sa~ to ensure a h,~h ~of life &r its titize~' a~ . ' · ' WH~EA~. ~'~ ~tabtli~ and s~ial .ell-bein9 go hand-in-hand' and ~, ,~ , ~ ,, . . ~ .' . , r~~d pr~ams a~ilable that can ~rk to improve their Coil er Coun~ H~'daS~hat Apcd 18-24. 1999 be designated as NA~ON~L COU~ ~V~N~ENT WEEK DONE AND ORDERED TH£S 13th Day of Apr//, 1999. BOARD OF COUNTY COhftdISSIOIVER5 ~A~6LA S. ~AC~E, CH~WO~IAN D PI~OCLA~4A T£ON WHEREAS, the week of April 15-24, 1999 has been desi~na ted as "No tional Volunteer Week"; and, WHEREAS, the Sheriff of Collier County has designated this week as "Co/tier County Law Enforcement Volunteer Week" in appreckltion of the dedicated law enforcement volunteers servin9 this community; and, WHEREAS, over ?0 volunteers of the Collier County Sheriff'~ Office unselfishly contributed approximately 17,810 hours of service in 1998 for the benefit of the community and the Collier County Shehff'5 Office.' and, WHEREAS, the volunteers of the Collier County 5hen'ff'~ Office perform in an exemplary, dedicated and conscientious manner ,~ many capacities and environments; and, WHEREAS, Law Enforcement volunteer services have saved Co/tier County taxpayers an estimated $170,610; and, WHEREAS, this proclamation recognizes the tremendous contribution and experience our civilian volunteers brin9 to the' Co/tier County $hedff'~ Office and the community. NOW THEReFORe,, be it procla/med by the Board of County Commissioners of Col//e~ County, F/or/do, that the week of April 18-24, 1999 be de~ignated as "COLLZER COUNTY tAW ENFORCEt~ENT VOLUNTEER WEEK" in honor of those who give so much of themselves to benefit others and to serve the citizen~ of Collier County. DONE AND ORDERED THIS 13th Day of ApnZ 1999. BOARD OF COUNTY COtAtA£55IONER5 COLLIER COUNTY, FLORIDA PAMELA 5. ~ACKIE, CHA~.RWOMAN A T-rES T: CLERK I I COLLIER COUNTY I I I I I I I I I I I I I I I I FLORIDA Comprehensive Annual Financial Report Year Ended September 30, 1998 ' 6~ 2 Z 0 0 I I I I I I I I I I I I I I [ ! I i COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1998 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BARBARA B, BERRY, CHAIRMAN TIMOTHY L. HANCOCK PAMELA S. MAC'KIE TIMOTHY J. CO,qSTANTIHE JOHN C. NORRIS COUNTY ADMINISTRATOR ROBERT F. FERNANDEZ CLERK OF THE CIRCUIT COURT AND CHIEF FINANCIAL OFFICER DWIGHT E. BROCK DIRECTOR OF FINANCE AND ACCOUhTIHG JAMES L. MITCHF. L[., CIA. CFE, CEA Prepared by the Financo and Acccunting bepar'tnmnt COUNTY ATTORN'EY DAVID C. WEIGEL EXTERHALAtJDIT, KPMG [LI-~ THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I i ! I I I i I I I I I I I I ! I LEO ~C,~' ;r~ COLLIER COUNTY GOVERNMENT BOARD OF COUNTY BARBARA BERRY TI,",fOI'Hy HAfiCOCK ',.:fOTHY CONS P~MEL4 MAC'~IE j, ~_ ,..r L.OPVE S'." ~ ,'~C E'., V.',CE CAL.. COLLIER COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 1998 TABLE OF CONTENTS IN~RC, DUCTORY SECTION T:~,r. sm:tta! Letter Cert;,ficate of ,~ch~e,,'e,ment F:,';ANCIAL SECTION Independent Auditors' COMEINED FINAN3!AL c-A-=' i"' -¢ GENERAL PURPOSE F;',NANCi:',L STATEMENTS Combined Balance c ,-., . . T.;::es Discretely Presented Comsonent Un:ts Combined Statement of Re'. enues. ExFend~tures and 3nang*.:s in F ur~d Bafaru ,:.. All Governmental Fund T~ :es. Expendable Trust Fu'~ds and Discretely Presented Comg. one,"t Un,ts ........................................... Combined Statement of Re.,enues. Expenditures and Changes in Fund Balances · Budget aqd Actual (Budgetar/Bas,s) A:I Governmental Fund T,¢=es and Expendable Trust Funds .................... Com~med Statement cf Revenues. Expenses and Chartges in Retained Earnings - AC: Proprietary Fund Types Comb!ned Statement of Cash FIo.;,s - A',I Proprietary Fund Types .................. Notes to the General Purpcse Finan¢;al Statements ................................. Required Supplementar/Informat;cn - ~mpact of Year 2000 ........................... COMBINING AND INDI\dDUAL FUND AND ACCOUNT GROUP STATEMENTS GOVERNMENTAL FUND TYPES General Fund St2tement of Revcque'~ E ,:-rv~,ff, tt;r,~s ~r;rt Ch,~nc;r.~ in Fund Balance - Eu ~v'- cq~. A,;t.;3; .............................. SDecial Revenue Funds Combining Balance Sheet ................... Combining Statement of P.o ..,'~ ;::. E ,; .:m: turo:~ and Changes in Fund Ba:an,:cs. Combining Schedule of Re Debt Service Funds Combini~z'j Balance Sheet ann CharGes in Fur',d Ba'.3?ce5 Ca..- ,ia! Pro)et. ts Combining Balance Since' Combining Statement of and ChanL;es in Fund Corn.Dining Schedule of and Changes :n FcnJ 2 ,¸I COLLIER COUNTY, FLORIDA CO MPREHENSIVE ANNUAL FINANCIAL REPC RT YEAR ENDED SEPTEMBER 30, 1998 TABLE OF CONTENTS - CONTINUED PROPRIETARY FUND TYPES Enteq:)dse Funds "~'~!:; ~:ombining Balance Sheet ...................................................................... L'Combining Statement of Revenues. Expenses :. and Changes in Retained Earnings {Deficit) ...................................... '~Y~:'.~,': Combining Schedute of Revenues, Expenses and Changes "~ In Retained Earnings (Deficit) - Budt;el and Actual (Budgetary Basis) .............................. Combining Statement of Cash Flows ........................................................................ I¢,temal Service Funcs Comber{lng Balance Sheet .................. Combining Statement of Revenues. Expenses and Changes in Retained Earnings ............................................ Combining Schedu!e of Revenues E~<:)enses and Changes in Rebained Eamm~s - Budget and Actua~ (B,~C..;eta~'j Bas~s) ................... ~ .Combining Statement of Cash Flc,.,,,s ...................... FIDUCIARy FUNDS AND ACCOUNT GROUPS: Expendable Trust and Agency Funds Combining Balance Sheet - All F~d'..oa.,~. Funds ................................... Combining Sta:eme:.t of Revenues. Expenditures and Changes in Fund Balances - All Expendable Trust Funds ........... Combining Schedule of Revenues. Expenditures and Changes .... in Fund Balances - Budget and Actual (Budgetary Basis) - All Expendable Trust Funds ...................................................................................... ' Combining Statement of ChanGes in Assets and Liabilities - A/I Agency Funds ...................................................................... ;~ ACCOunt Groups and Schedules ~i~i Schedu'le of General Fixed Asse~ by Classification i and Source ............................................................................................................................... -' Schedule of General Fixed Assets by Function and Classification ..................................................................................................................... · Schedule of Changes in General F~xed Assets by Function ........................................................................................................................... ;, Schedule of General Long-Term Debt Schedule of Changes in General L~n¢-Term Debt STATISTICAL. e," m-l," 127 2 General C~vernmen~al Revenues t:) Sour~.e ................................ General Governmental Expenditures by Function I Prooerty Tax Levies and C~l!ections ............................................................. ~:'/~. Assessed and Estimated Actual Value of TaxabLe Property ........................ . . Property Tax Rates - All Direct and Ove~',a;:ping Gcvernmen's ............ , ' ,' ' ¢': ,'3 Sp~,cial Assessme-', B Ihngs and C .;I,ec;~,o, s Computation cf Le_;a! Debt M,~r.q:n .......................................... Computation of Dir~¢~ and Ove.'t~;~ping De!;t i~ P,~,tio cf Net Ge",,~'*~ ~_ ~m-%,'J Debt t,~ .;:~ :Values and hlet E~m ,;..,. r.,-_ :~t' Per C~;: [?. .................. ' p. at:~o Of Armual CeLt Se-;Ice Expenditure:; General Banded Debt to T~;t,~ Oen,3ral Or}'.,',?~:m~mtnl E:<p£nd.: m::. : ' Scl'.~ule of Water an~ Se:,,er Fur; ~'s R~venu,~. ~'~;s C~'. ~ ,,' ~.,: Sure,"/' Bonds of Pnnapal Offlcial,~ ........................................ property Value, Construction snd Bani, Oepcsit<.. ::Pr~.cipal Ta/pavers Count7 Wide ........... ....................................... · . ; Miscellaneous Statistical Data .............................. Industries Wittiin Colher County ................................................. ;,;. ~,Schedu]e af Im<uran,.;n In For,:~.. COLLIER COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 1998 TABLE OF CONTENTS - CONTINUED Independent Auditors' Re,crt on Compliance and on I~.temal Control over Financ'.~; Re~orb~g ; Financial Statements Pedcrmed in Accordance with Government Auditing Star.¢~rcls 'independent Auditors' Re,crt on Compliance with Requirements Applicable to E'~ :'~ Major Control over Compliance in Accordance with OMB Circular A-133 .......................................... Schedule of Expenditures cf Federal Awards ...................................................................... ~;;i~i'.;'~'. Notes to the Schedule of Expenditures of Federal Awards ................................................... '~ Schedule of Findings and Questioned Costs ...................................................... '~;i'!". Schedule of State Financia' Assistance . '~;~:'i' Notes to tile Schedule of State Financial Assistance ............................... t ~ent Auditors' Re~crrt on Exammabon of Management s Asserbon A~OU, ~ · mp~an .e Requirements .................................................................................. 6~ m m m ! m m m m m m m m m m m m m m m COLLIER COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 1998 TABLE OF CONTENTS - CONTINUED AUDITOR GENERAL Pa.qP. Management Letter and Responses .......................................................................................................................................... 1-13 BOARD OF COUNTY COMMISSIONERS Financlal Statements. Together with Independent Auditors' Reports and Responses ........................................................... 1.64 CLERK OF THE CIRCUIT COURT Financial Statements. Together with Independent Auditors' Reports and Responses ............................................................ 1-23 PROPERTY APPRAISER FEtanctal Statements. Together with Independent Auditors' Reports and Responses ..................................................... 1-18 SHE RIFF Financial Statemenls. Together with Independent Auditors' Reports and Responses .......................................................... 1-2[~ SUPERVISOR OF ELECTIONS Financial Statements. Together with Independen! Auditors' Reports and Responses ......................................................... t- 14 TAX COLLECTOR Financial Statements. Together with Independent Auditors' Reports and Responses .................................... : ................... 1-18 THIS PAGE INTENTIONALLY LEFT BLANK Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURIHOUSE 3301 TAMIAMI TRAIL EA: i' P.O. BOX 413044 NAPLES. I:LO~'D A 3394 I. 3044 CIRCUI1 COURT COUNIY COURT COUNTY RECORDER CLERK BOARD O1: COUNTY COMMISSIONEr'S March 23, 1999 To the Citizens of Collier County: It is with extreme pleasure that we present to you, the citizens of Collier County. the comprehensive annual financial report (CAFR) for the fiscal year ended .September 30, 1998. This report was prepared by the County's Finance and Accounting I)epartment, which reports to the Clerk of the Circuit Court. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the Clerk of the Circuit Court as Chief Financial Officer of Collier County. We believe the data, os presented, is accurate in oil material respects, that it is prepared in a manne~ designed to fairly set forth the financial position and results of operations of the County os measured by the financial activity of its various funds and account groups, and that all disclosures necessary to enable the reader to gain the maximum understanding of the County's financial activity have been included. The CAFR consists of three parts: [ntroductory Section; which includes this transmittal letter, the County's organizational chart with o list of principal officials; and the Certificate of Achievement for' Excellence in Financial R, eporting for the year ended .September 30, 1997. '1 Financial 5action, which includes the general purpose financial statements, the combined, individual fund end account group financial statements and schedules, as well as the independent certified public accountant's report on the general purpose financial statements. Statistical 5action, which includes a number, of tables of unaudited data depicting the financial histor"y of the County for' the past ten years, demographics and other miscellaneous information. R~PORI-ZN~ In 19a2, Barton Gift Collier. purchased the 2,026 square miles of land on the southwest coast of Florida that today is known as Collier County. Barton Collier recognized the need for. infrastructur.e to bring about economic development to the region. At a cost of more than one million dollars, he funded the construction of the Tomiomi Trail connecting Tampa and l~ples to Miami. Shortly after the completion of the Tamiami Trail m 1928, train serwice came to Naples, and with it, another vital link to economic development. Today, Collier County is home to approximately 210,000 residents and continues to be ranked as one of the fastest growing metropolitan areas in the Umted States. In 2§ years, the permanent population has increased by approximately 83 percent. Between [980 and 1998, the average annual population growth rate was 5 percent. This growth rate is expected to continue well into the next millennium. The population is expected to reach 382,400 by the year 2020, at which time the seasonal population is projected to exceed 50O ,000. Collier County provides a full range of services and ts a non-charter county establ,shed under the Constitution and the laws of the 5tote of Florida. Th~s comprehensive annual financial report is a County-wide report which discloses the results of operations for the following entities: the Board of County Commissioners, the Clerk of the C,rcu~t Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, the Tax Collector, the Colher County Water and 5ewe~ District, the Marco Island Water and 5ewer District, the Goodland Water District, the Airport Authority and the discretely presented component units, Collier County Health Facilities Authority, Housing Finance Authority end Industrial Development Authority. The CAFE includes all funds and account groups of governmental operations that are controlled or dependent upon the County, as determined by budgetary oversight, taxing authority or the County's obligation to fund any dehcits that may occur. The Board of County Commissioners is the legislative body for Colher ¢~unty. and as such. budgets and provides all the funding used by the various County departments and the separate Constitutional Officers with the exception of fees collected by the Clerk of the Circuit Court and the Tax Collector. Under the d~rect~on of the Clerk of the C~rcuit Court, the Fir~nce and Accounting Department maintains the accounting system for the County's operations, including the Supervisor of Elections. The Clerk of the Circuit Court, Property Appraiser, 5heriff and Tax Collector maintain their cwn accounting systems. However, for purposes of the CAFE, the operations of the County as a whole, ~ncluding all of the Constitutional Officers, have been presented. E~¢ONOM%¢ ¢ONDZTZON AND OUTLOOK Collier County is located in the southwestern portion of the 5tote of Florida, w~th Naples being its largest municipality. The County has made impressive economic strides since the completion of the "Tamiami Trail* in [c):~8. The State of Florida certified Collier County as a 'Blue Chip Community' in ~-985. To obtain this certification, o county must meet state requirements in important areas of economic development including the cf'ration of plans for growth management and comprehensive land use. With over two thousand square miles, Collier County is the largest county in Florida and the second largest county east of the Mississipp~ P. iver. A portion of the county lies within the boundaries of Everglades National Park, the United 5totes' only subtropical national park. '1 The mainstay of the County's economy is tourism and retirement along with their associated services such as health, trade and other service oriented industries. The County also enjoys economic strength from the agriculture and construction industries. While Collier County has experienced significant growth since its birth, every attempt has been made to preserve the natural beauty of Florida's flora and fauna and integra~te them in the planning process for the County. As such, many of the commercial and residential developments retain the natural beauty of the environment while providing a high quality of life. Historically, employment within the County has varied throughout the year due to the influx of tourists and seasonal residents during the winter months coupled with seasonal,ty in the agriculture industry. The average number of individuals in the work force fluctuated from a high of 94,677 in December of 1997 to a Iow of 78,497 in 0'uly [998. During 1998 the retail industry represented 25 percent of the job market in Collier County. The retail soles industry will continue to be a mainstay of the local economy os the development of retail stores continues. Specialty shops and boutiques, a number of which represent local investment by their respective owners, target the increasing tourist market. The service sector employs 36 percent of the wage and salary workforce. Growth in this sector remains strong with 740 new jobs created during 1998. Services include hotels, restaurants, entertainment, education, health and legal professionals. Health care serv,ces alone provide over 7,500 jobs to the local economy. Finance, insurance and real estate personnel account for 7 percent of the workforce in Collier County. During 1998, financial services and real estate provided 5,3~7g jobs through 870 firms within the service sector. Collier County is one of the largest agricultural producers ~n the United States. The agricultural industry represents 7 percent of the workforce. Farming activities are located approximately forty miles inland and are primarily centered around the community of Immokalee. Major crops include tomatoes, peppers, cucumbers and melons, as well as the citrus crops. Beef cattle are also a significant farming commodity. During 1998, employment increased in the construction industry as population growth fueled the demand for new homes. The total value of all construction permitted during fiscal year 1998 was $942,347,040, which is an increase of $213,625,440 over fiscal year 1997. Construction firms located in Collier County provided 9,163 jobs, an increase of ?25 jobs equating to an annual growth rate of 3 percent. Construction employees represent t2 percent of the workforce. Government is the other major employer in the area and represents 12 percent of total jobs. Apprux,motely 8,900 individuals are employed by the federni, stc~te and {occ~{ governments in Collier County. iii Manufacturing, wholesale trade, communications and p,~blic utilities round out the remaining 8 percent of the labor force. In summary, Collier County's excellent financial base, strong infrastructure, proximity to world class ports, and Iow taxes create an attractive environment in which to live and work. Money Magazine's 1995 annual survey rated Naples os one of the top ten most desirable places to live in the United States. Among the magazine's findings were that in the lost 32 months, housing appreciation was the second highest in the country while property taxes were among the lowest in the state. Future ,job growth is projected to remain strong and all economic indicators point to a promising future for Collier County. MA~I'OR ~NZ-I'ZA TZVE$ I I I I During fiscal year 1998 the County continued its commitment to streamline operations to become more efficient while improving services to the community. The County's mo~e significant accomplishments by Constitutional Officer include: The Board of County ~ommissioners Community Development and Environmental Services Division The Building Review and Permitting Department issued ,°0,736 permits with a total constructmn value of $942.§ million and conducted more than llO,O00 inspections. The Code Enforcement Department opened 22,013 new cases, conducted ?3,937 rechecks and closed ?.5,88:> cases. The Housing section of the Housing and Urban Zmprovement Department administered four impact fee deferrals for multi-family affordable housing rental units totahng $3.?. million which represented 742 units and 93 down payment/closing cost assistance loans worth $732,§00. Also, the department administered 22 residential rehabilitation loans totaling $330,000 and 44 impact fee waivers for single family first-time home buyers amounting to $240,099. The Community Development section of Housing and Urban Improvement received a $750,000 Economic Development Grant for infrastructure at the White Lake Industrial Park for high-wage job creation. The Natural Resources Department received grants of $30,000 for manatee signs, $25,000 for artificial reef construction, $6,540 for sea turtle awareness, $§,000 for derelict vessel removal, $4,200 for exotic plant removal and $1,080 for exotics brochures. Protecting sea turtles, Natural Resources monitored ?-? miles of County beaches and recorded §84 turtle nests. At least 36,880 baby turtles hatched during the 1998 season. iv The Planning Department reviewed and approved more than 200 site development plans which provided for 6,000 dwelling units and more than ;?.7 million scluare feet of commercial and industrial development. l~ngineering ];nspection staff conducted more than ;?0,000 site inspections to ensure compliance with County development standards. The Comprehensive Planning Department was actively involved ir~ improving the quality of life of Z;mmokalee, which was awarded a rural "Enterprise Community" designation by the federal government. During the next tO years, ];mmokalee will receive $;?.5 million in grants for economic development. Immokalee's application competed with 160 rural communities and was one of only ;?0 communities to be selected. To restore Lake Trafford in ]]mmokalee. the Pollution Control Department, in collaboration with the Lake Trofford Task Force race,veal approval of :$8 million from the Army Corps of Engineers to be matched with local and state funds. Hazardous waste collection events conducted by Pollution Control throughout the County dr'aw participation from 2.3t8 res,dents and resulted in the collection and disposal of 121,713 pounds of hazardous waste. Pollution Control identified 37.032 pounds of improperly managed hazardous waste croci took corrective action. The Utility and Franchise Regulation Department succeeded in reduong the 4.5 percent regulatory assessment fee to 3 percent ~n fiscal year t998. The fee reductmns - down to L5 percent in 1999 - w, II result ,n lower utility rates and a combined ~nnual savings of $487,000 for customers by the end of fiscal year [999. Public Services Division Domestic Animal ,Services in [998 investigated 163 reported c~nimal cruelty complaints. Also, 5,973 animals were cared for at the County shelter, owners claimed 77[ animals and [,305 were adopted to new homes. Extension Services assisted 80 Iow and moderate-income families in securing home loans from a pool of St! million committed by 11 banks. ];n the 4-H program, 2.851 Collier County youth and their families completed 3,30! 4-H projects. Volunteer financial counselors helped keep 76 families self-sufficient. The Library Department circulated 9.4 pieces per resident and ranked second in the State of Florida in circulation per capita. Also, more than 500,000 children's works, or 2.15 per capita, were circulated in Collier County, ag<~in earning the library system a second place ranking. All told more than 1.4 million visitors passed through Library doors [n 1998 with total circulation of about 2 million items. Public '6AP_ The Marco ]~sland Branch Library expansion provided more than 6,000 additional square feet to the facility - now the largest branch library in the County - and a three-acre passive park ~ith a gazebo. The District 20 Medical Examiner investigated 1.5:J3 deaths, conducted 33 scene mvestigationso performed 189 autopsies and offered 43 hours of classes. Collier County's first satellite museum, the Museum of the Everglades was dedicated ~n Everglades City on April :>6, t998. The Parks and Recreation Department opened Sugden Regional Pork with §.000 spectators in attendance for the Fourth of ,Tuly f,reworks. The 120- acre passive park is the first facility to provide a fresh water swimming beach in Coil,er County. Parks and Recreation also built f,ve p~cn, c shelters, an mteractivc water- play park. a baseball practice field end a covered basketball pov,lion. Pathway light,rig was added at three community parks. The 5ocial Services Department's client assistance programs helped some 23.500 clients in 1998. 5oclal Services in 1998 received end addressed about 1.400 inquiries and provided 8,~.00 clients with emergency assistance. The Department of Veteran 5erwices provided assistance to 5,000 chants seeking help in getting monetary and medical benefits from the United States Department of Veterans' Affairs. Veteran award recovery in Colher County totaled $13.7 milhon. Works Division The Engineering Department awarded construction contracts totaling $3.4 million for water, $3 million for wastewater and $600.000 for beaches and inlet projects. Engineering finished the design work and construct,on began on the 33-acre South Naples Community Park. The Operations Department reported complet,on of a $29 mill,on ut,lity bond through refinanc,ng which will result in savings of SI.§ million to county customers during the next 18 years. The department acquired the Rookery Bay Ut,lity franchise area which will add :~,§00 customers to the County wostewater system and-eliminate a sewer' service provider with a history of compliance problems. ,~ new ,reproved automated cart collection program was ~mplemented by 5olid Waste in lc)c)8 at no additional cost to County rate-paying customers. The 5tormwate~' Department completed rehabilitation of the east and west branches of the Cocohatchee water level control structures. vi I ! I ! I i I I Stormwater staff finished improvements on the Rookery Lone outfall ditch. relocated the Manatee Education Center outfall dItches and completed Phase V[ of the County-wide ditch bank clearing project. The deportment oppl,ed herbicides on 2.900 acres of secondary dra,n~ge system to control aquatic plant growth. The Water Department started construction of on 8 mill~on gallon-per-day expansion to the North Regional Water Treatment Plant which w~l[ ut,lize reverse osmosis technology. The department also started construction of an aquifer storocje and recovery well which will provide ! million gallons per day of potable water during peak demand periods. The Water Department f~n~shed the odor contra! system at ~he South I~eg[onal Water Treatment Plant. The Wastewater Department completed the South County Regional Reclamation Fac,lity. This $13 million construct[on project was financed primarily through state revolving loan funds. The new 7 mill~on gallon reclaimed water` storage tank and pumping station prowde the capoc,ty to meet demands for reclaimed water throughout the day. Wastewater also completed interconnection of the h~orth County l~eg~onal Reclamation Facility to the North County Water Treatment Facility deep injection well to provide redundant wastewater treatment effluent disposal during the wet season. The department's state certified Wastewater Lab received nahonal cert,fication. 5uppor't 5er`vices Division While the national survival rate for' out-of-hospital cardiac arrest wctims is 2 to 4 percent. Collier County EMS has achieved a surwval rate of 26 percent. ]:n an attempt to further ~ncrease the surwval rate. EMS implemented an Automatic External 1)eflbr~llation (AEI)) public access program which trains and provides equipment to members of the community who can provide early defibrillation to hea:t attack vict,ms. The Emergency Management Department was successful in developing the County Emergency Management Plan and assigning agency responsibilities throughout the County. The 24-hOUro seven-day-a-week NOAA weather transmitter service was operational Dec. ! and dedicated Dec. Helicopter' Operations installed a satellite weather reporting system in which will assist in ensuring flight safety. Emergency "Medivac" calls have exceeded tOO a month. The reorganization and addition of a new Vert'~cal Construction section in the Facilities Management Department means 6? capital ~mprovement projects and additional construction responsibilities. vii Office The Human Resources Department has incorporated rata operations an integrated software application that has streamlined the employment application process. Continuous community outreach efforts include operation of the Sobs Hotline (774-Bl12) as well as Znternet postings at the Web site named to.collier.fi.us. Information Technology's major accomplishment of 1998 was establishment of a Cailler County Government ~nternct Web s~te at ce.collier.fi.us. The County's modernization campaign also included estobhshment of upgraded County work stations that utdizc progressive microcomputer technology. Simultaneously, the work stations were hnked together for resource, data and work sharing via a state-of-the-art computer network. The Department of Public Information/CCTV-Channel ~4, with $2§0,000 worth of new technologically advanced telewsion equ,pment, qllows Collier County Government the opportunity to deliver government access and other programming to viewers. Zn addition to two Board meetings a month, Public information tapes the regularly scheduled meetings of the Planning Commisston. Code Enforcement Board(s). B,g Cypress Basin Board and the Tourist Development Council. ~ ~n conjunction with the Supervisor of Elect~ons. Public Information broadcasted primary elechon results I,ve and served as Collier County's direct link to local and state election results. The Public Information Department produced a new 30-minute monthly television program called "County Highlights" which features upcoming events ~nd spotlights accomplishments of County divisions/departments. ¢ollie~ Serve. s, a one-day public awareness and educational seminar and tour, was one of Public Information's most successful projects in lg98. An ongoing program, Collier Serves provides citizens an up-close view of County Government through brief talks from elected officials and division admimstrators and a guided tour of County facihties. The Risk Management Department in 1998 continued ~ts efforts to implement proactive safety end health programs for County employees. Additional initiatives have included a comprehensive personal protective equipment and job safety analysis program, o protective footwear program and the implementation of a post-accident drug testing program. Tn employee benefits administration, Risk Management began utihzing the services of AFLAC to provide employee benefit enrollment service at no cost to the County. of A4anagement and Budget The Office of Management and Budget staff developed a budget policy which focused on the impact of the incorporation of Marco ]~sland on the Collier County budget and provided a framework for a smooth transition Vltl ,! during transfer of services from Collier County to the City of Marco ~sland in the fiscal year 1999. The fiscal year 1998 budget for Collier County received the Government Finance Officers Association Distinguished Budget Presentation award for the 10th consecutive year. Tax Collector The Collier County Tax Collector, Guy L. Carlton, continues to "do more with less~ through the use of advanced technology and highly trained personnel. ]In the near future, two new satellite offices will be opened and driver hcense services wdl be available. The Office is gearing up in preparation for the Year 2000. Computer equipment is being replaced or modified to accommodate not only Y2K concerns, but also to address the continued growth of Collier County and the increasing needs of its citizens, Proper,ty Appeaiser During the 1998 fiscal year. the Collier County Property Appraiser, Abe Skinner, continued to provide the public with courteous and professional service, in addition, an equitable assessment roll was submitted to and approved by the Florida Depar'tment of Revenue without notification of any defects. The total market value for 1998 was aver $2§.7 billion. This was an increase of 9.9 percent above 1997, with nearly half the increase due to a new construction value over $900' million. By maintaining the staff level and investing in additional tr'aining and computer technology our Office has been streamlining processes and reallocating resources to be more efficient in keeping up with the growth in real estate parcels and tangible personal property accounts. ]:n 1998; · we completed program changes to become Year 20(]0 compliant, · posted over 2§,000 record changes and sales transactions maintaining less than a week of processing time from recording date, · started a conversion from an older mainframe system to a smaller, yet more sophisticated, computer platform, · completed the scanning of all property record cards into a document imaging system and have scanned approximately 600,000 pertinent documents, · began converting to digitiz, ed mapping system for use in more user friendly applications, · made presentations related to local property values at an appraisal conference and to several ciwc groups including one that was recorded for television. ix 6A 2 For 1999. we expect to continue moving forward w,th technology to make it easier for the pubhc to apply for homestead exemption, access property values, and research ownershiP, Sheriff's Office Z998 marked the 7§~ Anniversary of service by the Collier County Sheriff's Office to Collier County Citizens. Under the direction of Don Hunter, ~he Sheriff's Office responded to more than 270,000 calls for serwce. In 1998. the unincorporated crime rate decreased by 6 percent from 1997. THe crime rate is the vahd relative comparison of community safety as adopted by the Florida I]epartment of Law Enforcement (FDLE). THe crime rate for unincorporated Collier County remains below the ct,me rate for the 5tote of Florida and the City of Maples. Community Oriented Pohcing continues to be a posdive force for ~mpocting crime. Low enforcement partnerships with neighborhoods, businesses, and civic groups have been formed County-wide. THese partnerships hove hod ~ posihve ,mpact m reducing and maintaining a safe 'environment. The Collier County ,Tail, with 7§4 beds, handled over l§.O00 orrestees during the year. Since implementing charges for inmate services ,n 199§, taxpayers hove saved over $ 80,OOO. THe Sheriff's Office has been extremely successful in obtain,ng state end federal grants to support critical law enforcement programs. Grant dollars fund additional personnel and necessary equipment for a growing community. In 1999, the Sheriff's Office hopes to fund 22 grant programs with 82.§ positions through contract or grant funds of almost $5 milhon. The Supervisor of Elections THe Collier County Supervisor of Elections, Mary W. Morgan, administers to the Collier County voter registration system; qualifies candidates for of hca; monitors financial reporting requirements of candidates for office; and plans, coordinates and conducts elections within Collier County. THe Supervisor is also responsible for implementing the Voter Registration Act provisions as they relate to the registration process and statistical requirements. During fiscal year 1998, the Supervisor of Elections processed, among other items, the following: ?0,644 voter applications 12,84! new voters 86,213 voter identification cards mailed 88,08§ notice of elections mailed 176,296 sample ballots mailed ! i I I I I I I I · 23,291 voter s~gnotures compared to exfst~ncj records Clerk of the Circuit Court The Collier County Clerk of the Circuit Court, Dwight E. Brock, continues to be dedicated to serving the citizens of Collier County Jn thc most efficient and effective manner possible in addition to protecting the assets of the County. The Office of the Clerk of the Circuit Court has been chosen as the highlighted office under the Departmental Focus section of this letter. As such the accomplishments of this office along with future plans are outlined below. ~)EP~RT/~EI~rrAL FOCUS Each year the efforts and accomplishments of a specific d~ws,on w~th~n ¢olher County Government ore highlighted. For fiscal year 1c)98, the Constitutional Office of the Clerk of the Circuit Court has been selected for review. 'l'he Clerk of the Circuit Court, established by the Constitution of 1838, is thc public trustee for the County. The Clerk provides checks and balances ~n county government by acting as Clerk to the Board. Clerk to the Court, keeper of the public records, Comptroller and Internal Auditor of County funds. The concept of "checks and balances" forms the very foundat,on of the American a/stem of government. Provisions of the Florida Constitution which have governed the pea. pie for over l§O years, estabhshed the Clerk of the Circuit Court as an elected public trustee and set in place a system of "checks and balances" which has been proven to serve the public well. The Clerk's role as pubhc trustee Js evidenced as follows: County Government Accountant and auditor for the Board of County Commissioners, Collector and distributor of statutory assessments, Guardian of the public records, public funds, and pubhc property. Investor of the public funds. Courts Ensures that the court's orders, judgments or d~rectives are carried out within the parameters allowed by law, Maintains the court's records, Collects and disburses the court fines, fees and assessments, Collects and disburses court ordered child support and ahmony payments. 5tote Government · Collects and disburses documentary stomps and ~ntong~ble taxes for the Florida Deportment of Revenue, · Collects and disburses numerous fees and assessments for the benefit of .State Trust Funds, Xl Provides ,nformotionol, financial and statistical data to the State Legislature, Supreme Court, Florida Department of Law Enforcement, Auditor General, Department of Health and Rehabilitative Services and other State agencies. Citizens' Protection · As custodian of County funds, the Clerk ensures that the taxpayer's money managed according to law, · Provides internal audits of county government, · Provides access to public records, · Audits reports of guardians in guardianship cases, · Provides assistance to citizens in accessing the courts, · Processes and maintains court documents to ensure that htigant's court cases ore handled in a timely manner. The Office of the Clerk of the Cmcuit Court is a complex organization that performs o wide range of record keeping, infor'mation management and financial management ~n both the judicial system and County government. ]~n a study conducted by the ~Tomnt Select Committee on ,Tudiclal Personnel of the Legislature, ~t was calculated that the Clerk's off,ce performs 926 different constitutional end statutory functions or duties. W~th the ~mpact the Clerk's duties hove on the peoples' rights and property it is essential that the Clerk be accountable for' his/her actions. Thus, the constitution and statutes decree that the Clerk be governed by statutory authority in carrying out the duties and functions of the off,ce. As auditor and custodian of all county funds, the Clerk is subject to 5tote Aud,tor General rules and regulations. The Clerk is subject to annual audits by an mndependent audit fmrm. Accountability is further derived by the Clerks' duties and act,ons being constantly subjected to public evaluation and scrutiny through the election process every four years. The Office of the Clerk of the Circuit Court is staffed by 186 dedmcated employees. The budget for the Clerk's Office for Fiscal Year 19c~8 totaled $8,0§8,700 of whmch $4,70§,400 was funded by the County's General Fund with the remainder being derived from State mandated fees and charges for services. Through a concentrated effort on iml~roving efficiencies, the Clerk of the Circuit Court turned back to the 8oard's General Fund approximately $2,600,000. In his role as the Chief Financial Officer of the County, the Clerk initiated legal action against two brokerage houses that sold the County questionable investment securities as well as the county's twice removed external auditors. These complaints were settled in favor of the Clerk and resulted in payments to the County totaling more than $1,§00,000. Looking toward the future, a number of signif,cant efforts are currently underway. The Management Information and Systems Department (MIS) is addressing the Year ,~000 issue and it is anticipated that both the financial and court systems will be fully compliant during the first calendar quarter of 19c~c). In addition, MIS ,s upgrading the Criminal Court System to allow for full integration with all users including the Public Defender and State Attorney Offices as well as the Sheriff's Office. A new C~vil Court System is currently xii being unveiled, and migration to the 5tote-wide Child Support System ts well under way. The Department is also establishing the infrastructure whereby traff,c fines can be paid electronically through the use of a credit card. I:ZNANL'ZAL r_NFORMA TZON The Clerk of the Circuit Court, as the Chief Financial Officer, through the Finance and Accounting Department, is responsible for establishing and ma,ntaining internal controls to ensure that the assets of the County are protected from loss, theft, misuse and to ensure that adequate accounting data is compiled to allow for the preparation of ftnonc,ai statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these object,vas are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuat,on of costs end benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. We believe the County's internal control structure ~dequately safeguards assets and pray,des reasonable assurance of the proper recording of financial informer*on for both internal and external purposes. Budgetary Control: State of F!orida statutes require that all county governments prepare. approve, adopt and execute an annual budget for such funds as may be required by law or by sound financial practices. Tn compliance with this provision, the budgets adol~ted by the County are either appropriated or non-appropriated in nature and are adopted on a basis consistent wtth generally accepted accounted principles except as noted in the notes to the general purpose financial statements. Enabling ordinances, such as bond ordinances, ~n which the expenditure authority extends many years into the future, sets the budgetary controls over funds that have non-appropriated budgets. Budgets are monitored at varying leve~s of classification detail; however, expenditures cannot legally exceed total appropriations et the indwidual fund level. Beginning fund balances, available for financing current appropriations, are constdered in the budgetary process. As an additional control, the County employs on encumbrance system, which reduces available appropriations within a fund upon the issuance of a purchase order, contract or other form of legal commitment. Encumbrances at year-end do not constitute expenditures or liabilities. They ore accounted for as a reservation of fund balance in the year the commitment is made. While appropriations lapse at the end of the fiscal year, the succeeding year's budget ordinance provides for the re-appropriation of year-end encumbrances. 2nternal Audit: The clerk of the Circuit Court ma,ntains an :nternal Audit Department. The Tnternal Audit Department reviews and reports on the interr~l control environment of the various departments under the jurisdiction of the Board of County Commissioners end xiii the Clerk of the Circuit Court to ensure they are operating effectively, eff,c,ently and ,n o manner that is consistent with management's direction. Cash Management: The Clerk of the Circuit Court strives to keep abreast of current trends in cash and investment management in order to ochmve the goals set forth w~thm the County's investment policy. The primary objective of th~s pohcy ~s preservatmn of capital with significantly lower priority given to earnings. Idle cash balances are invested on a daily basis within the constra,nts imposed by the Florida Statutes and the County's investment policy. For purposes of maximizing interest earnings while not jeopardizing cap,raj, cash balances of all funds are invested in the County-wide cash end ,nvestment pool. The County consistently invests the majority of its available cash. Note ?. within the notes to the general purpose financial statements, categor, zes the County's ,nvestment partfoho by the levels of investment risk assumed by the County. As con be gleaned from the note. substantially all of the County's investments are insured, registered or physically held m the County's ncme. The significance of this ~s that the County has prudently safeguarded ~ts investments to mitigate potential losses, which could result upon the bankruptcy or failure of an investment house or' broker'. As of September 30. 1998 the combined market vo!ue of the 8oard of County Comm,ssioner's and the five Constitutional Officer's cash and investment portfohos, including discretely presented component units, was $?$2.982.000 and was comprised of the following: COMPOSITION OF CASH AND INVESTMENTS AS OF SEPTEMBER 30, 1998 Repurchase Lccal Bankers' Con~efcml Paper Agree~nts Sur~ ~,~nd~ Acceo~nc es 2% 2% T~ u~ I S()URCE: COMPREI-IENSIVE ANNUAL FIN ~.NC · '; ,' ~ l.'\t. REI'ORI' As was highlighted in previous CAFR's, certain derivative type ,nvestments were acquwed during the period between 1993 and the early part of 1994. This sector of the portfolio has an average life that exceeds the parameters specified in the investment policy. The xiv I I I I I i I I '6A2 current market value of these instruments is $20,109,000 with an average life of 20.;> years. To compensate for the lack of liquidity caused by this portion of the portfoho, the Clerk has bruited current purchases to short term instruments with an achve market. Consequently, the average life of the entire portfolio was 2.9 years os of September 30, 1998 which ~s within the parameters of the County's investment pohcy. In addition, the Clerk ~s aggressively monitoring the market for collateralized mortgage obllgahons in order to capture opportunities to liquidate any individual instruments that can be sold w~thout sustaining a loss. The following table ~s a h,storical perspective of Collier County's .nterest earnings, exclud.ng d,scretely presented component un.ts, presenting five years of data: Fiscal Yeae Fiscal Year Fiscal Year' Fiscal Year Fiscal Year Fund Tzpts 1994 1995 1996 1997 ~e,~rol Fund $1.3~I.898 $~,774,~81 $~.848.308 $~,04~,O~ 3 $~,~6~,94~ 5~cml Re~ Fu~s 1,358.~78 ~.996,633 ~.83~,~93 ~.~06.648 g,O~8.633 ~bt ~ce Fu~s 411.232 495,135 ~5,608 740,272 591.407 ~pital ProJect Fu~s ~,260.253 3,428.435 ~,532,~81 ~,827.754 3087.079 ~nterpr~se Funds 5.614,~57 6,685,069 5,761.42Z 6,378,106 6,642.177 ~nter~l Set, ce Funds 376,473 635.523 6,J2,Ol9 815,767 797,782 T~st a~d A~?cy Funds 13~,163 140,749 107,947 __ ]47,~O7 18~,Z15 Total [~terest Earnings $tl,474,1§4 $1§,1§§,8Z§ $13733.478 $I§,O~7,777 $1§,§86,~34 ~eneral ~overnment Functions: Total general government revenues collected, by Collier County during the past year amounted to approximately $168,761o000. This includes revenues of the general fund, special revenue and debt service fund types, Taxes, the largest general government revenue source, Js comprised of $8§o618,106 ad valorem, $§13,100 locally imposed gas taxes and $10,39§,103 of other taxes. GENERAL GOVERNMENT REVENUES FOR THE FISCAL YEAR ENDING SEPTEMBER $0, 1998 Te xes 57% Inleresl Income 3% ~s cellaneous Charges f~f 4% Son, cos Fines and Licenses end 8% Forfeilures Inlergovernmental P~rmits 2% 20% Special Pesess ments 5% 1% SOURCE. COMPREHENSIVE ANNUAL FINANCIAL REPORT xv '6A2 Total general government expend, tufas amounted to $1§0,462,000, exclud,ng cop~tal project expenditures. The two largest functions are general government and pubhc safety General government consists pmmar,ly of f,nanc~al and adm,n,strative expenditures. Pubhc safety exp~d~tures include the 5hcnf f'~ Of hoe ~nd emergency serwces. F~ ~ FI~ Y~ ~ ~~ 30, 1~ Enterprfse Funds: Colher County ma,nra,ns s,x enterpr,se funds, wh,ch cons,st of County Water' and Sewer', Marco Water and Sewer, Goodland Water, 5olid Waste Disposal, Emergency Medical Services and the Airport Authority. Enterprise funds are estabhshed to account for the acquisition, operation and maintenance of facilities and services, wh,ch are ~ntended to be entirely or predom,nontly self-supported by charges collected from the users served Combined. these operations generated over $58.962.000 of revenues w, th Water and Sewer operat,ons contr,buting appro×,m~tcly $40.279,000 of that total. The Sohd Waste operation generated approximately $ I3.513,000 of that revenue. ;internal Service Funds: Colher County ma,ntains s~x internal serv,ce funds, which consist of :nformation Technology, Self-]:nsurance. Off,ce of Capital Projects Management. Department of Revenue, Sheriff's Self-Insurance and Fleet Management. Internal service funds are establ,shed to account for serv,ccs provided by deportments of the government for the benef,t of other deportments of thc government. Combined, these funds had operot,ng revenues of $20,307,000 with operot,ng expend,tures of $22.252,000. Fiduciary Funds: Coil,er County malnta,ns I3 expendable trust funds and 5 agency funds. Trust and agency funds ore estobhshed to account for assets held by the County in o trustee capacity or aS an agent for ~nd~viduals. prwate orgamzahons or other government umts. The largest agency funds of the County arc the Clerk of Courts Agency Fund, wh,ch accounts for funds held by the Clerk in a trustee capac,ty for indIviduals, pr,vote orgamzations and other funds and governments and the Pine R~dge and Naples Product;on Park Fund, which accounts for assessment co!lect~ons and related debt service payments made on behalf of property owners. The total cssets for all trust and agency funds ore $2Z.673,000 as of September 30. t998. Debt Administration: Collier County conhnues to mcat ,ts f,nanc,al needs through prudent use of its revenues and debt hnancing programs. As of September 30, 1998 the County had $§4,810,000 of revenue bonds and $1,795.000 of sp¢cmi assessment debt w~th government camm, truant m the General Long-Term Debt Account Group. The ~ssues hove continued to carry strong ratings from 5tandcrd ~nd Po~r Corporahon and Moody's Tnvestor Serv,ce. The County also uhlizes loans From the Florida Local Government F,nance Corniness,on to fund var,ous construction projects. ~h,ch are k:tcr comb,ned into a revenue bond for long- term financing. Currently the County has $5.662.000 outstand,ng ,n th,s program. The resolutions of the County's bonds cstabh.ch certain accounts and determine the order ,n which certain revenues are to be depos,ted ~n~o these accounts. In odd;tmn, there are various other covenants estabhshed by the off,cml statements and County resohJt,ons includ,ng such items as debt 5er'/ice coverage, reporhng requmements, and ma;ntenance facilities. Management behaves that ,t has comphed. ,n all material respects, with these covenants. OUTSTANDING LONG-TERM DEBT AS OF SEPTEMBER 30, 1998 Erde~ pr;se Fund Er~erpnse Ft~ld Pevenue Bonds 49% 1~ ~neral Fixed Assets: The general f,xcd assets of the County are those assets used in the performance of general government tuner,ohs and do not include the fixed assets of enterprise and internal serv,ce funds, wh,ch are reported on the balance sheets of those respective funds. Depreciation of general f~xed assets is not recognized ~n the Count,/s financial records. As of September 30. 1998 the ~ounty's investment fn general fixed assets was $238,260,000, which represented an increase of $13,723,0OO over fiscal year 1997. Risl~ Management: The County's assets and the health core of ~ts employees are protected through a risk management program that ~s administered by the l~isk Management Department. Under this program, a self-insurance fund is maintained by charging premiums to all County departments based on certain formulas which are updated each fiscal year. The I~isk Management Department, through its coordinated and continuous efforts m monitoring potential risk exposures nnd implementing sound health and safety control programs, coupled with effective claims admimst~etion, is str~wng to meet the goal of minimizing injury claims which result in costs tc the County, T. ndependent 4udit; The County ~s required by Flor,da Statutes to undergo a financial audit performed by on independent cert:f~¢d public accountant. The occountm9 firm of KPMG LLP was selected by the government audit camm, tree to perform the fiscal year 1998 audit. The results of this audit can be found ~n the independent certified pubhc accountants' report included in the financial section of th,s report. ,4W,4RD$ GFO4 Certificate of 4chievement: The Government Finance Officers Association of the United 5totes and Canada (GFOA) awarded a Cert,ficate of Achievement for Excellence in Financial I~eporting to Collier County, Florida. for ~ts comprehensive annual finonc,ol report for the fiscal year ended 5¢ptember 30. t997. The Certificate of Achievement ~s a prestigious national award, recogn,zmg conformance w~th the h~ghest standards for preparation of state and local government financial reports. ~[n order to be awarded a Certificate of Achievement, a government unit must pubhsh on easily readable c~nd efficiently or,ionized comprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is vahd for a per,od of one year only. Coil,er County has received a Certificate of Achievement for the last twelve years, from f,scai year 1986 to 19c)?. We believe our current report also conforms to the Certificate of Achievement program requirements, and we are submitting ,t to the GFOA for consideration. Distinguished Budget Presentation 4warcl: The Government Finance Officers Association of the United .States and Canada presented an award for Distinguished Presentation to Collier County for its annual budget for the fiscal year beginning October ~, 1997. :n order' to receive this award, o government unit must publish a budget document that meets program criteria as a policy document, as on operat,ons guide, os o financial plan and as a communications device. The Distinguished Budget Presentation Award is valid for a period xwii of one year only. Collier County has received the Distinguished Presentation Award for the last ten consecutive years. ,4CKNOWLED6EMENT/$ The preparatmn and publication of th,s comprehensive annual f,nancial report represents o significant effort by the Finance and Accounting Department as well as by numerous County personnel who contribute to it's preparation. In particular we would like to express our appreciation to Teri O'Connell, Tom Kelley, CPA, Kelly .Tones, CGFO, Connie Murray. Raymond Milum, ,Tr. and Maryalice Bailey, Accountants; Robert W. Byrne, CMA, General Operations Manager: Shirley Van Vliet. Technical Assistance: Lindo Murphy, Nancy Fragione and 5ondi Emerick. Financial Specialists, and all of the staff of the Finance and Accounting Department. Sincere appreciation is also expressed to KPMG LLP. the Board of County Commissioners, the Constitutional Officers. the County Administrator, Division Administrators and the Department Directors for their assistance throughout the year in matters pertaining to the financial affairs of the County. We hope you find this report informative, accurate and easily readable, if you should hove ~ny questions related to this report or if addi*,,onal ,nformation is desired, do not hesitate contacting .Tim Mitchell. Director of Finance and Account,ng at (941) 774-8404. Respectfully, Dwight E. Brock Clerk of the Circuit Court Chief Financial Officer `Tames L. Mitchell. CZA, CFE, Deputy Clerk Director of Finance and Accounting DerekM.$ n eh, CPA Deputy Clerk General Accounting Manager The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the County of Collier, Florida for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 1997. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of a state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. Collier County has received a Certificate of Achievement for the last 12 consecutive years. We believe our current report conlinues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. ! ! Achievement in Financial Reporting Pr('F. ol Itc?(! to Collier County, Florida }:or its (k;n~prehensive Annual Financial Report for tt~e Fiscal Year Ended September 30. 1997 A ¢'.~:r:~fl,.',m.~ ~:~ Ach~,,v~,m,'m f¢~t E. xc,~llence .~ F.~,mc~al Relmmnq ~ pt,,.~'nt,,d hv t}~,. (~,',v~rlunl~nl Finance Office~s Assocvm,m ,~f ~}~,~ L;nm.d States and Canada lo gowzrnm~ml Hmls and public ,.mployee retirement wp,)rls (('AFRs} achh've the h~hesl ~hmdnrds in fF~vet~.n,ml accounlin~ and fi;~,m,'ial rcpnrting. Ex~;culive Directer P.Q Box 31002 St. Petersburg. Fl_ 33731 $902 PO. Box 1439 Tampa, FL Independent Auditors' Report Honorable Barbara B. Ber'Q,,'. Chalrpers~ and Distinguished Members of the Board of County Comm,ssloner~ Collier County, Florida: We have audited thc accompanying gcncrai-puq~osc financial statements of Collier County, Florida as of and for the year ended September 30. i998. as l~stcd ~n thc 1:~blc of contents. These general-purpose financial statements are the responsibility of ('olhcr CounL','. Florida's management. Our responsibtlity is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit m accordance with generally accepted auditing standards and thc standards applicable to financial audits comamed In (3'over,me, t ..tttditing Standards. issued by thc Comptroller General of the United States. ]'hose standard?, require that we plan and perform the audit to obtain reasonable assurance about whether thc financial statements arc free of material misstatement. An audit includes examining, on a test basis, evidence supporting thc amounts and disclosures in thc financial statements. An audit also includes assessing thc accounting principles used anti significant estimates made by management, as well as evaluating the ovcral] t'manclal statement presentation. We believe that our audit provides a reasonable bas~s for ot, r opinion. In our opinion, the general-purpose financ~a statements referred to above present fairly, in all material respects, the financial posmon of Collier Ctmnty. Florida. as of September 30. 1998, and thc results of its operations and the cash flows of ~ts i, ropr~ctar;,' l'tm<l th'pcs for thc year then ended in conformity with generally accepted accounting principles. The Year 2000 supplementar7 mformauon ~m page 51 is not a required part of thc general-purpose financial statements, but is supplementary ml'ormation required hv thc Governmental Accounting Standards Board, and we did not audit and cio not express an ~?~mon on such reformation. Further. we were unable to apply to the information certain procedures prescribed b~' prot'c.~s~onat standards because of the nature of the subject matter underlying the disclosure rcqu~rcmcnls ~nd because sufficiently specific criteria regarding the matters to be disclosed have not been established. In addilion, we do not provide assurance that Collier County, Florida is or will become Year 2000 comphanl. Ih~! ( 'oilier County, Florida's Year 2000 remediation efforts will be successful in whole or m part. ~r their p~.rt~cs with which Collier County, Florida docs business arc or will become Year 2000 compliant In accordance with Governmc~l! ..tttddmttt 3't~tmh~rdv. wc have also Issued a rcporl dated January our consideraIion of Collier County. FI,r~da',~ ,~tcn~.al conrad o,.'cr financial reporting and on ,,ur compliance with ccrlain pr~vl~.~ns ,~t' la,.~ ,. t cgt~l:~tn~;l~, c.n:racls, and grants. Our audit '.,,'as made for the pv, rp~sc ,I' lorraine: :m ~[~ltmm ~sn thc general-purpose financial state:Tlcnts taken as a whole. The combining and ~ndn':ctuai [ctnd o:~d accede,at group financml stalcmcnts and schedules hsted in the table of contents are presented f,r purp,*~c~ of :~ddtt~ona] analys~s and arc not a required peri of thc general-purpose financial statemcnt~, nt L'tdl~cr C ,~ura,,'. t'h~."ad:~. ,";tach mfi~rmauon has been sub.lcc~cd t~ the auditing procedures applied m thc aud~ o;' :he gcncral-puU~o:;¢ financial statements and. in our opm,~n, ss fairly stated, m all material respects. ~n relat,~n ta thc ,~,,'neral-purpose financial statements taken as a whole. The inlormation presented in thc ~ntr,duct~rv and ,,la:.~sncal sections IS presented lbr purposc,~ ~)f add~l.~nal analysis IS not a required part ~,',' tl~c _Ecacril[-I~t. lrl*o3c l'~r~nnCh--I] statements. ,Such mfi~rmat~on ha'~ m~t been subjected to the auditing procedures appl,:d m ~hc aud~ <~1' t~e general-purpose financial sla~t:mcnts an,i. accordingly, we express no ~)?~n~on ~,~ tr. LL-P January 8. 1999 GENERAL. FUND THE PRIMARY PURPOSE C= '~!E (;E;'H~[~A_ f-[~;[) I.% ]O A:Y'Xt, UHT F~R ALL OF OPE~TING REVENUE AND OTHER FIH,~N(;IAL RESOLI~CE~; Ar~[) '[HEIR USES IN COFJ[~UC ~:', GENERAL OPE~TIONS OF THE C..I .... ,. ~OTHER FUND. THE GENE~L FUND HAS z ~.',] .... EF: '",~ ~' ..... '~::;:-' .'.t ,;" ~', .',::'r.... ~ v ~-. r: EEL ,.r':',,.~'~' ~?3URC:E(~ [~ ~.'.', .~',~ OTHER FUND, AND ITS RE~J JRC',~:: ~'~ ,',',',.. .... :. · "', :~'. . ~:.'. .~ ."~, ,'~C'I'C iTIE~] l ~t[.~ ~:r-~:c, . ~E GENE~L FUND ARE ~,.2 Rt.l.v..,_',' E.' ':~ ' :". ::' .,: I:',., ' ~;~. . SPECIAL REVENUE FUNDS OF S=ECIFIC REVENUE SOL ACES ~ ~b: ~ ;,~([: ~(F ~ T '( ~ ~ EE' ?'~ L.;.W OR/,2MIN:STRATIVE ACT~ - · SPECIFIC PURPOSES. DEBT SERVICE FUNDS THE PURPOSE OF THE ~-~T ~E!C.'h-.F !::.:~';F:: I.:: ~ ) ,',~.C'J.~!J;.,'T FOR THE ACCUM[]L,',: ''; C~' RESOURCES FOR AHD ti-E ~/.'.~;.IE:.~T ()F F;:~:C;?,'-_ ~tZ;:EST A~ E;,PE~.~I}IT[JRES C~, '~ ;: TERM DEBT, OTHER THAN Z~BT ~V,',',',[tL~': FFL'.: : ~t C~ L ;::,',~'~C';;~ Or: FFC, F'EIET~,R'f FUNE v CAPITAL PROJECTS FUNDS THE PURPOSE OF THE :,~P,;':-i_ FFO.l!!'t;;; F~/:iPL- ~:, T,'_-, ACCC:.':I7 RESOURCES SEGREGATE2 FC,!-~ ;!i:2 ;,;:OU~:}.TtOr.~ C,P: CC, rXf. TI~U~T,Dr; FACILITIES OTHER THAN T~,SE Flth'dlSED [}',' Pr;;~P?IE T;'!::',~ FUtJDS FC, R 'ltii[ Flt;.'lll;;l OF L1A,/GF', C--::i:;,L ENTERPRISE FUNDS THE PURPOSE OF THE E~TERPR[SE FUr:DS IS i~L, /,CCOUHT FOR OPERA'rlONS TH;.T ARE FINANCED AND OPERATED iH A r,IAr.,ILiER SII,IIL;~E 7© PEIV,~'I'E BUSINESS EHTERPRISES -- WHERE THE INTENT IS THAT THE COSTS (E?(~:EF!SE.'.~;. !::CL. LJ[)ING DEPRECIATIONI OF PROVIDING ,~OODS OR SERVICES TO THE G--_NEF',..'.L PU[SLIC O;1 A COFITINUIIiG BASIS BE FIhlANCED PI'-~It,'/,.F(IL'~ THROUGH USER CHARGES. ©E \'.,'HERE PERIODIC DETERMINATIOhl OF REVENUES E.~FNED. EXPENSES INCURRED, AND OR HET IhlC©Ll[£ IS APPROPRIATE FOR CAPITAL MAINTENANCE. DUB!..IC POLICY, MANAGEMENT CO!;TRCL ACC©[~r rT/.f:.",.!TY ©R OTHER PURPOSES INTERNAL SERVICE FUNDS THE PRIMARY PURPOSE OF THE I¢;TERtIAL SE!.t'.':CE FUr~DS IS TO ACCOUi'IT FOR THE FIH;.:;L;IHG OF GOODS OR SERVICES FRO'./',DED f;'F .c_)::E [)!7;~;.FTMEIIT ©R ;,GEHCY TO O FHER DEPAR'rMEiHTS OR AGENCIES OF THE GO', ERHt,',E~.:TAL U;'lrr. Ct-: T© ©THEP, GOVERNMENTAL UHITS, ON 4 COST- REIMBURSEMENT BASIS TRUST AND AGENCY FUNDS COUNTY UNIT AS TRUSTEE GR ;.C-~;J; FO!-t t;;{.; :'.'!;?LI,'.L:-: f;:~!/;,; E OFGAi':E:ATIOHS AND C THIEF', GOVERNMENTAL UNITS. C,GMFONENT UNITS THE PURPOSE OF THE CC'.'.FOri.L;!'~ t.lrili~ I:: ;,) ,','. ::.~ ~Ir;,D F'~;,F~itE.~ WI'ltl ]'tie CGHSTRUCTION AND FINA:;SIr';~'; OF V/~r~!r)LI:]; ;'!-t, ..!!;,; :: ;~ h",T F;TIt,IULATE ECOI'IOMIC INCREASE OPPORTUNITIES. F(.);:: L'-:.iPLO','Li:~:;! ;:i ] ~i '.;'~:U;;~'Y C,R PROVIDE RESIDENTIAL HOUSING TO ':'q:: ~ , ": ~. ~GENERAL FIXED ASSETS THE PURPOSE OF ,'CEt,~EFFL · PROPRIETARY FUNDS GENERAL LONG-TERM DEBT ACCOUNT GRO[JI) THE ~RIMARY PURPOSE C: (5['!;'lFF;,l i<);;~..-;: !.:'.; :;:T ~ ~'~ ACC",UII! l-'(",;~ THE ('"' LIABIL~ FOR GENE~L CSLIG.t, IlO:I [~OriL::¢ /.tll~ (-~l~{~ ;.: ~ ~{rlE[~AL LorlG-IEf-',t..1 WHICH ARE NOT OBLIGATiC,';S OF ] He f~?,":~: ::iET/.¢-:'~' FUr Assets ~nvestments ~ Specaa: assessments Int~es: Tra~e net % ,'? ~ ~m o~er gove,~mer:s : Res~ea ~ssets ~} L.~; ~sh and invest~nls "... S~clal 8ssess~nts ~r~ent '~ '~'~ Acc~ed interest ~e f~m o~er ~emmen~s ~ere aDpli~ble, of occumul3t~3 ¢q~'~: ,? ' r :~ O~er assets ~,t to~ pmwded for re',,r~r"~ ', TOT;. L ASSET:; I I I I I I I '1 I I I I I I I I I I I I I I ! I ! Fu'-Cs - S 21 285 4£.? $ 28.826 ........ ::_:'.:__._ :___'.::'L_' ' .... COM0.1NED B/,L.,',NCE S'.EET FuNDTYPES. ACCOUNT GF:-,OUPS AND DISCRETEI.Y PRESF. NTED COMPONENT UNITS (CONTINUED) CREDF~ $ depomts fe~$ ;~tfen~d revenues payable of revenue bonds OUe tO o~er govemmen:s payable yable ~ and ce~ff;~:es payable {~e:) r loan pa/so~e 3,846,2~0 2.174.436 .433.958 .329.0G0 235.8:':5 880.651 323.929 585.076 ,309,220 23.220 2?4 2 ': ~ '~7 32,: Tn. mt 676.3."'5 $ 1.522.3:;,3 3.378,'.-86 6,111,970 ,". 1(jlll 745 ~ ; 174,.: 2C .433.958 3 235.835 1.5~,5.07r: a,309.22C 1 141.155.552 4,122 23 26r,.r. ~5 S $ ;'72 .'3,0 18' - CC".~[;iN!:r,~ BA[ANCE iM.i,, FUND TYPES, AC, COU:~ T GF:OdFS/,r ;!)5[; i,.)ISCF, E,'I ELY DTE Mfi, E r: 30.F f.lE SENT'E O: :<': ?, COMPONENT UNITS (CONTINUED) I re~13ceme~t projects ] $ $ 2';4991. ',~ $ ' ;.:I 993 22: ? 47-5 "':-",.'3 9 964 '.? z 3,3,.;.c,-~ 2 3.561.353 S 22,673 103 S 62.000 511.783 2,,500 5000 iC4.109 3475.09~ 50.758332 COLLiEI~ CL)UNI Y. FLOF:iDA L 6 COMBINED STATEMENT OF REVENUES. EXI,EHDJURES AND CHANGES ~N F~ NO BA~NCES FUND TYPES EXPENDABLE TRUST FC,~ T~tE FISCAL Y[Af~ 1'G~1~ leverages '. Physical environment TranspoC~bon '; Ec~nO~¢ environment recrea~on tervice Total ex;end,tures -~ Exce~ of revenues (ulCer) ex~er, gdure$ Tansfers :n Fund ; ~ 'S -t' 2-:' :-:" 4 ...... ". -",,0.,,: .' 6 125.920 27%. ~.-' 03fi ; 67'~ :,:.. I0.9C0.~2' A~'~ ~ 1,027,8~-' 4 499 0;.3 ,.t 5~,IC ~ 9.296227 378 56~ 12.391,554 19,430.286 r,: 4:C '~'~ 39.655.C9, 12 391.554 19.4~9 286 ;~0'?::'~ ~"'~, ..-. ~E~ (62~5.634) 8473.745 r-, ?.~ .,,378..:. 6.:~,8.0..I " R'' r.- -~. 6 2%~ 60n f: ' :.%, 7~-', (~2 9~5.0.t'7~ (29,674) (I.89~. 423) I sources over (uncer/e ,;:5-- BCd other fir~ancinq u'. ,-' ,: ,3:Y, 2C,} 2.939,02' 282,715 12,~' 0,926 ; .,75' g: 3', 214.3{-: 9,491.004 33 ', 7 ,r .1 .: 7,72 :. ' (7.7~=.~, (69.9,q0), 2 Expendable Trust Funds 489.821 10.059 120.806 959A26 1~2.2~5 420.83~ 2.183.1E~ 2562.973 1,114.041 35.197 36.360 18.079 3.766.655 ~1.583,497~ 3.003,7£8 ¢533 238~ 2.470,530 aI-:5 ,'.2 ? 579 292 OCt ~ ,651.652 -' .c.:19.5.: 1 13.5.:4.1q 1 12770 122 871 173 653 829 (!/~,~.: 117] 5 1¢5,62§.199 8.438.183 ~9.396,177 1Z5OO.24b 4 9~6,5~0 8 120.579 2 293 Oal '5 792.1~3 198.904.43~ 35 218936 66,493.970 8.574,843 10985.3;8 1,654.180 4,989,541 13,54~.161 19,430,286 12770.122 173.661.357 25.243.074 -!! 7,~' ~..,, , {:,' 354 117~ 13.,339 0;35! 887.033 2,621.439 52,8~ $ 3.561.358 S '50,1 005 94,1 136 COLLIER COUNT~' CLOI~IDA / 6 A OF REVENUES, E;KPENDI TuRES A":D CHANGES IN FL ND BALANCE~ STATEMENT ~UJDGET AND ACTUAL (Gt:D~ ALL GC'.T:C;L'.EHTAL FI.~;[} TYPES AND ~ : .... ::D.:~ ,~ .... , .. 1958 ~ l~terest income S "gL, 2.~:C, S ,~:-}2Oc,.!Z, ~ ~:.'-.'5:.~-.~ S 2633':'?3 S 25.527,557 S ~' a3O 2{2 ..' ~:] c.~. ~ zfZTZ' ~ 9~' :-~9 3.3~9 7Ct) i. ~2.2.:5, ":35.27,; *' :{.: Z!' ;,:2,952: 17~L :.SS 2,166.628 2 ~.~8 LLO .. ? ,, ;~., ~L~ {.:;' 6: ~:': 89.24[, - z:O 592 Z Z-.5 04' 3~0 ~:' ', 2{: ~:, 2 015.533 ; .:'72 ".:S 1..'9,~,, ..: I ~7 z' ~ c , -.a :.:,- ~ ':: '~= 21~....,';~ 239 "3 2~:~; 55: ''E z:Z -:5'~ 3 '74 79~ 42.3~' 397 43.644 Over ~ scurces (uses): ~ from lc, aris Operating trans;e's m Ope~.a~Jng t~ansfe's ~ o~,er tinan~ng s¢,urces ;of revenues and I sou,ces over lundeO t and ot~,er f, na~ong uses of year equily tra~sfe~ Fund balances at end cf i}.3.,37' :" ~ll '?-. 223427 :. ] .:S~ CL_ · -.:z i' e 9 5~1 {~7 7.398.276 : zC. 5,a2: '.8]2 4~S ' ,-.7~ - .'- ~Z:.~ ~ 9 92~ ~18 6.896.546 ~ S42.2'2 12,283 208 10.950.121 ~.333.787 7C,] 5:C ~ ~3~ :23.C6Z 1 81z 769 1.027.814 786.255 S37.33-' .: zS. 5,t~7 z~ 2~7 767 ~12 4~4101 313.411 Z149.,:gZ 9 LgC 227 303 2~5 8.02! 544 4.229 355 3 809.083 37~ 5CO 378,568 32 133736 305 9~ z~52a3 5 32~ C62 48.18, {39 35.132.040 12 049.569 2121 8 512 749 "~1 r- .l? *[77! '~ '", ':' ;" '-': ': '':'~ f13 ~f-:' "..' :'~ (13~77 9,171 :';} 7'53 ;;,2 ~', 11.3 ~ 55 'L.C ' '%' 37:L, f: 9?-'- 2~2) (.', 858 6,35) "~ ~ '° 32.822580 5 098 7 728 7723 i 0 m m 6.82.:.'~: ': 6.C7'-°.C23 ~/~'£.-r 771 :.':, ,S:!5 42:, (30.038,45:. ~'2 2 ~,'~ O: ':. ! , ~ ~r..;; 422, 349 1 ? ~ 11 COLLIER C(3uHTY. FLORIDA COMI~INED STATE?.'.E,~;T OF RE~ ENUES. EXPEHD~TURES AND CHANGES IN FdND BALANCES ~ ALL GOVER'J.'E'~T,~L FUND F~ E:~ .',',~) [:~ ~E~ DABt. E :~IJST :~. %DS {CONT,NUE[M 6A 2 ,'or ser'~s &~4 fode. t~res ~res of l"ev~,ques over (ur4~eq expenditures I~imar',~ sources [uses): from loans ~ transfers in l~ansfem 2.557 700 2 -~.: :[-.'" · :'5 ZC. 3,.~ 3'~ 22:5, 83533 38.520 432 35,129.g73 2.320.454 102.527. 66.2."8 567 6~.855.7GC 4422 5,37 ~ 1.74~ 303 8 574.~43 ~Si ~23~9 257 ~o.geS.31B 2 570 9~g 1 651,6~2 79.317 g~43 5.721.049 4 989.541 731508 :,:.C2~ 18 220.526 ~3.544.~61 4.676.320 95 567.487 19.430286 77.137.201 '~ C~7, CCC 12 770 122 2~,~ ~7~ ~,r, 7::=. ~71 56[~421l ~2.582 434 :04 ~51 8'75 ,h.:? 42'/ hues and otne' s~urces o~er (unce'l e ';:,~.'- and o~er finanor:g use', ~¢,nm, g cf year ',r af~$fe' in ~.G~OeS at e~,d o! ye3r i:. I I I I I I I I I I I I I I I I I I T~al Ope'at;r g ¢",: '. "'- .... O~efatmg ,nccr? ,~. · ':i' Interest expense M~-.ellaneous m ccm,:- Gain [~css~ on G~n~ and 53,~25 COLLIE[( COUNT). FL. Oa~IDA COMg)NED STATEMENI' OF C.;SH FLOWS ALL PROr~I~IETARY FUND T m m ; race,ye: Cash t:'ansfe.'t, from o~er fur, ds tra~f~.rs to other funds Net casq prowded by (used for) ttOtlC&. -"ital financing flows frc,,"r c,lDi~l 3nd financing acti,,tes: received Recei;ts from capital grants Proceeds ft:m dispccal cf fixed ProCeeds from sale af Proceeds from insurance cia:,,',,: .Proceeds f::m renal o~ land Proceeds ftcm loans ;:, Payments f~capital acqu,s~bons Principal paTments on bones on notes Principal l::ayments on capi:,31 fiscal agent fees pard Net c~$~ used for capita' and r~,'a'.ed finanonG flows Irc?' it. vesting Illterest ant :ividends cn :n, es*,:~' Net c~$~ prov dna bi m','e~.Ln: z 7.4 .~ ( ~ ~ ? S,37 ) (459 ?OOI 2 ' ~ ~ I :.372 6~: .-3 · . (,,", ~- (22 2""5 87G) .... u ~ (fi2S7 (-,'. 7 "'.: -:' Z F'C 7 7 '.: .:';~;.! 816 .lC2 4-:' ?, 8,:9 346,519 · :~ 2]8 7.238 6.$~1,853 (23.229.960)' (5 290 6~) (R64.606) (2C, 459) 236892) (!3 7C~, ,567) t6A income (loss) reconcile oce'::)t ,'I~IS~ i:N'ovided by (used for) O~e'~:r¢¢ rose ' suance ~ease) Ge~ease in accou i de~ease in due fro ¢¢~. ~¢e~e)~ advances and : (In~ea~) in invent~ ~ase) in v~chers ~aya: e ( ~ a~ wages 2C,.C~ ~ ~3se) I~ la~fill liaOd,ty jD~ea~) in due tO o~er I~e~e ~ due ~ o~er goverr men:s 2,}.357 in ~sl~er Oe~s :s payas[e ~53.7 I~ase ~ ~lf4nsuran~ cia ms pa/r,b.e Total adjustments 772) (895.733) ~38) (381.510) ~,~15 40,373 (1,327,203) ~ i17) (78.313) 7.1J9) 26,~57 (63.715) 634 571684 z: i ,:54 10 560 403 Net ~ash provided by (used fcr) c:era: rg act: ..d,,,s 15.719.742 m ,DoSal Fund rege.,ed c:,.":lrc, ut.'.r.', of b:,%._:: ' "u 5 . : .'. ;_:,: ,*,'.'~' · .. '" ,: ,;e::reg,a!c,d ',';it.C` ,Tile information Technology re".e . c ',' c' r*" :::r %r ' ,-:., ,~ ...2..- :.,-;.,-*-:, '.1,'.,'. -' '-- ' s,'.~, run'l w th;1 I value of $1,931. Tr~ s' 'j r.~ cc;s: '-,f :r,,sc' os*r ...', ~', 5': 4L,) .','! S: 51:, ' , '.' .'-'u. tied deprec~a!,on i.Department of Revenue Fur .l re '.,: ,:d .............. ;.:' t'.", the L'",;rg,:u .¢ L',::: . S,:r;~ces F,md ,',,t)' a atedvalueof$1.78P T~-L ;- :- Vcc..t,:'r,:'/':,::r/;'s.',',,~: ~:':. ',' $'",.:4 r b* . ,';i'r"Jdq;)r(C 15 THIS PAGE INTENTIONALLY LEFT BLANK ! ! I I I I I I I I I I I I I I I COLLIER COUNTY, FLORIDA NOTES 1'O THE GENERAL PURPOSE FINAHCIAL STATEMEN'~ S SEPTEMBER 30. 1908 2 iNDEX '¸4 6 7 8 ~, g 12 Summa:~, Cash ar'.d Trade Rr;'..;O ,';:,:;,..';5 Inteffun~ T r3nsac',~o?,3 Fixed Assets Long-Term Deb: Revenue Eoncs ACm,n~s~ered b7 ','.e S',a:e of F,c'~da Conduit Debt Obl.~at,ons Defeasec Debt Budget to Actua; Contributed Capdal Deferred Compensat:on Plan Pension Plan Ob!igat~ons Segment l,qformat~on - En',erprise Fur;ds Operatm~ Trans'ers Fund Eq', :. Risk M¢nasemen', Landfill Deficit Re'.2. ned Earnings Signlficar,: Contingencies Significant C omm,tmar~ts Subsecue-t Eve?,ts 42 z2 43 '"5 ,"7 ,:8 ."-3 59 iG HOTE E TO Tt !E GENERAL PURPOSE FtNA;ICI,'~L STATE',tENTS SEPi Et, BEE ~ ~ ~ . ,~1,. I ?:0 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POt. ICIE$ . T,H~ REpORTI.NG ENTI Tv ~OV~l~mor, l CCr'hStS Cf ~ ' ~ ~ - :~ish~ in 1923 b7 tr:e F o:,ca State t.~g,s:,jture 5nc Cnur4/ ~s go,~e "ed b'y a Board of ;oasMutionaf O~cers V'e Tox Co',ectc'. Proportb /,ppra,s,:'. Sqe'¢'. Cte'~ of the C~rcud Co of ElEctlo'~s Tr, e Canshtu:~onm Officers ara e:ectac caunt7 ~vce The Board ct Coot: budgets a,'.d :rev,des a:[ fund:nc ustc b7 the seaarate Co-'sbtutonal Officers ex~p~on of fees co;:e,;',ed ~:':, t'-e C~erk o' ~ho C~rc,j,~ Cc Jr~ and ',he Tax Co:'.ectc' Under the C;:Ochon o' Ill,: :'"t'" Clerk Of tho Circdit Court. rue Coho- Cour't7 c "hr'ce Ee'.;artmer't mn,nta,.rs t'e accounting system for the Appraiser. S-,or:ff a"g Clerk of the C'rcu~t Co';': et.mn n'fi,~'mn 'J~e r c,',:~ accct,'mng syslems repo.'fig purposes :"e o:~erat',ons c' ~i~,~ goa-d ~,f Co,mt) Gornm,s~ :'~ers am: the Consl.k,;o~m', ~rs are combined anc presented as :he p,.m,::'/ which sPou',c t;e :r, cluded ,ntre reDor:l[~[] O~d;',/ bOC[~gSO of :FO nature and significance o: the, with the pnma'y ~:-.ernment. F.,nanoal accountabiht7 ~s Cete:m.ned :y the prima~ government's ab]i~ to appoint the vot'n~ ma.or? of the ont~tT's heart. ,'n~ose ,ts 'a"; on t'~e o'?n,zahon, and the of a financial benefi~'burcen re ~5or:shp or fiSCa~ depe'~denc) The County's blended compcne:Y, un,ts cor, s,st of c'c:an~za:~ons wi:ese respe':bvo governing Boards are C, ', Corer,hiss;or, ers sr,?,'ing ex-o~c:o e/copt for the Collier Counh' composed entirely of the Boc:'d of .cur',.v .- . appo, ,.r, tr'.o B(:ard of Count',, Ccmmiss~oners Those Aiq~r~ Authonty whoso go,,'em ng Bo,.. c ~s b7 . .. ~,...,o,:.:, sj)port has bee': 31oc(,uc and flnanc:al c' operational pohcies may be ~ I~L~all¥ separate, however ........ fr, influenced by t;;e County. In accordance ,,,;,ih Governmental Account.rig Standards Board (GASB} Statement 14. "The Fmanoa' Reporting Ent,t7", :l~ese orgamzations are reaorte': as ,f they were part of the C(lonty'$ operations, The f~nar:.c=a posa~on and resutts o~ operations of tho foilo,v r,g blended component are accounted for in enterpr',se funds and can be found ~,': ~l:e propr',etar't sect'on ¢' th,s report: Colher Count',, V/ate' -~ ' Sev,'er D~stnr:t $.,--.~ .. La.',s o' F,or.ca. to provide water, se.v,::r The District was es,~:.3, °nec b)' Ch,tm:er :~ effluent ser.qces t.') cart,t-tm port~ons cf thc- u~ mcorporat,;d aren c,~ C,.her County Th(; D~str,ct currently operates 'htr..-.. ,,-; s e,:.'a e~ tre:::tme 't f;~"""',;:~ ....~ t','..s '.", 2to' ~r~;=.tmerlt p'~nts Marco Island Wa!o' a-'.] Se.var D,s. ~., The D~stnct was es:a:, shed b), Coher r'~-..,,~, ,~.,, .z ©ro:'.u:'.o~ 77-'3?5 u"de' 2..tqo';ty grafted by C ~,,~,u,es. The D~s:nct pro,' des sev,'er ser,,,ces ~G customers on a porhon of 152, Part, III. Flonc:a ':-'-"' ' Marco Island, Goodlar'd V/ate~ D r t' ':t The District ,,',,as establ,shod bt' ;.'. St:ac.al F:.,:'e,or;dur'. kiuct,cq a:.":onzed by Colher Count'/ Ordinance 75-5 and Section: 25 01((:~ Flor:dh f'-.'atutr::; ~! ,: D,s~',c'. pro,~d,...s potable water ser,.qce to the res~cems of,.:,,..,: ,'"'"~r' .... ,, Collier Cou,',l':/.:rDc-~ ,'. Author;fy ,,.,'as e.::3!)hs,".eC b/ Co;, o' Cou',:/ Ord:r';~r:r:r: S'5-07 ;.".'; SeCllOr~s 332.00t through FloriCa Sta:'...tes. The Autl;onty prowo;', Comur Cout'~tS,' '.'.,.Ith tre survices o[ Ihree a~tports; Immoka!oe RerjonaI A~rpor:, ti:,) 1.1:.'rco l';:,'~.::d E'x(.o;tive ,t,.rpr.,-". and the Everglad,.:s A~rpark I 2'I COLLIER COUN'i'Y, FLORIDA NOTES TO THE GENERAL PU[,IPQSE F!Nt, NC. IAt. ?'fATEMEN"[S SEPIEMtaER :;r,, iC, fi8 ¶ -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES-CONTINUED '"THE REPORTING ENTIT~ - CO,"4TINUED "the County's discretely presented componer',l L;mtS COnS,SI Of or(..:an~zabons v,hose five member bce. es are appointed by the Board of Count.,, Co."r,:missioaer$. Tr~e County is sb~e to ~maose its wdl on these bee, ause of its discrebonar'., abihtv to re:nova a.;?¢o:n:ec members from th, e componer, t um~s' Boards 3ASB Statement 14, "The F:r',anc a! F,ieport~t:L: Er:t~t'.,", raG,mos that tho financial data o; these organ~,:at,c, ns in separate columns to emphasize that they are ;e0ally separate from the County. Accordir~'y. the funds of the following crgem..:at~ons can bo fou¢~2 al:sa:et,:!,/presented ~n the combined fma,'~c~al staten-ea..ts' Collier County Hea.':', F,.c ,,,es A,.,, o, . The Authority was es:aaa;shed ~n 1979 by Co;;er County Ordinance 79.75 for the purpose of assisting health fac.',t,es ~r~ the acqu~s :'on. construction End fina~c:ng Of projects w~thin the County. The Au',hcn~y ::as no assets. I;i-:bl;l',:OS or equity and has not generated 8ny revenues or ~ncurrez any expend;tbres. Therefore. no fina~oal position or resuRs of operations ere repc~.ee ,r. :he accomr, a~,y~ng financial s:a:ements Outs:anding conduit deDt issued by the Autho-~:y ~s re;o~ed in Note 8. "Conduit Debt Obligations". Collier County Hou~ .sc F~."ance Au,, ,c ,,/ The Authority was formed in 1980 by Coil,er County Ordinance 80-66 for the purpose of stimulating the construct;on of residential housing for Iov; and moderate income families through the use of public financing. The Authority maintains its own financiaf records, but does not ~ssue ser. e. rate. stand a!one fina,tciai statements. Their financial position and results of operat;o':s Ere reported ~n ti~e accompanying financial statements and outstanding conduit debt issued by tho Authority is disclosed in Note 8, "Conduit Debt Obligations". Collier Count,,/Ind~ ;<tri~.l D:/e,o ..... em A.~:thc,.::,, The Authority v,'~s croat,cC in 1978 !:7 C.:-.":er Co',.;;',:'., Rase:ut!on 78-94 to facilitate lhe financing of pro?::s Ir;a: promoto eco"om:c ,.qrov,,th and ~ncrease opportdnibes for employment in lbo Count/ The Author=fy maintains its o¢,,,"'1 financial records, but does not issue separate, stand alono financial sta:emen'.s. Their financ~ai position and results of op-:ations are rQDc,"1, oc ,q ti'o aCCO"*pan',,','fi,o [',;'4q';C,i'il s~a',ernenls and the outsland~ng cor:.Juit debt ~ssuec 3'.' ~:'e A~;tho',t7 is d sc!c~.e-J :': 'Jc~tr.. S. "eot'c;'.; t Dear Obl'gat~ons". 2 .~0,_,.1~:.',, COUt,,Ff~r', FLORIDA NOTES TO THE GEHERAL PURPOSE Fii",IANCI~,L STATEMENTS SEPTEMBEP. 30. 1998 1 SUMMARY OF SIGNIFICANT ACCOUNTING POt. ICIES. CONTINUED THE REPORTING E~'.,'r;Ty. CONT!t'iUED O°mplete financial info,ma:ton on the Indiwdual componenl url4~ c2~ be obtained from their resp~,c!vr, administrative offices c: from :lie F~r'la¢~t:t: Do;),:;'tr~;(:Rt o! t~r; Ci(:rk of lbo Ctrcu:t Court,. 2 COlher County VVa[e- a;~d Sewer 3301 East Tamiam~ Naples, FL 341 ~ 2 Marco Island Wate~ 3301 East Tamiami Tra~t Naples. FL 34112 Goodland Water Dis?,c[ 3301 East Tamiam~ Tra,l Naples. FL 34112 Collier County Alrpc % Authord,' 2003 Mainsail Drive Naples, FL 341 ~ 4 A~¢r",'r'hstr ativo OfficeS: Colhor Co[;n~:, Health Fac~hties Authority 58 ! I P,'].hcgn BeJevard, Suite 210 Nap'os, FL 34 CoJher Count), I::custrial Development Authonty 3050 N. Horseshoe Drive, Suite 120 Naples, FL Collier County Housing Finance Authonty 5811 Pehcan Bou!evard, Suite 210 t.~,.i),,¢s. FL 34108 BASIS OF PRESENTATION The accounts of the Count,,, are organized on l~-e bas:s of i~t. JndS and account groups. Each fund ~s considered a separate accounting enkty wdh a se!f-balanong set of accounts Fu?,d structures, where applicable, have been designed to cor';'ply v,,?,h ail requirements of relevant bond resolutions. Account groups are a reporting device to account fo- certain assets and hab~hties of the governmental funds not recorded directly in those The following f,.;nd ~ypes and - croups are ~,. .cco,.n ~ used by the Cou ,~ GOVERNMENTAL FUNDS - the genera; fund ~s tho general cperahn9 fund of lbo Co~,ntv Ail general tax revenues and other that are not accounted for ~n other funds, are accounted for in the'general fund· T'h,e general operati'~g funds o,~ the Clerk of tho C~rcu~t Court, Proae'ty Appraiser, Sheriff, StJpep, nsor cf Ete¢lJons and Tax Co lector represent sub funds of the County's general fund that are held and accoutered for individually, but prese'~ted together wr~h the Bcard of Cour~tv Comrn~ss~o.~ers' general fund. Special revenue fu~:;s - sp,.)c~a~ r~:vc;nuo t'ur;;;:~ ,are used 1o ~:ccourq for Ihe proceeds of spocgflc re,,'or~ue SOUrCes that are res,'- c',ed b,, leqar rgq',.~:rements, re(;u!atory prov~s~ons o' admimstrative action. Debl service funds - ct~,D[ sep,/~(:o funds rife us~-;d to account for the 8ccumulahon of resources for, ~:lnd lhe payment of principal, ~n~erest and o!her o:,'per'd,tL, res on ton(j-term 4 ~.. r.,r.,~., other than bonds and holes payable operation of prophet2W ~, ' ~LJqCS funds - capital projects funds ~,ro used to accoun', for f~nancial resources segregated for the or construction of rna;or capital fac~fk,os r~th(;r than tt~ose f[~a~ced by proprietary funds. COt.I. IER COUNTY, FLORiD;~ NOTES TO THE GENEf'LAL PURPOSE FINANCIAL STATEMEN'], S SEPTEMBER 30. 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES . CONTINUED BASIS OF PR~SENTA- ' 'i !C,~',! . C©N TI;IIJED Pt,',O PRI L: TAR'( FU;.IDS Enterprise funds - enterpr,se f..:rlds [:re ::SEC to accoun', for operations that ~'e financed and operatoc similar to private cbs 'Jess enterprises. Tile inte:d ~s ti:at the costs (e;,,censes. including deproc~at,on) pr~iding goods or services to the general pubhc on ~ cor'.t,¢'~uir, g bas~s bo f.~anced pnmarily through user 'charges, or where per;eec cetermmot.o;~ of re',(.~llLJOS ..... eu,~.e,,, expenses i-jutted, ar~d,"or net -. .. deemed appropnate for c~;'.4a] ma:nte:~anco, pubi,c I',ohc'~, ma,~agement O:atrol. accountab4~ty or otne~ Inte~al se~ice funds - !nte"*a' ser'.,ce funds are us{~d to ~cr, nunt fo' ~r:e '"¢r:C:n(; of goods or · , pr~ by one depa~meF: :o other departments of ¢~e Co.mir or :o o~e' ¢ovemmental tJD~lfi ~u~ement bas~s Expendable trust funds ',' ..... ,' ' - e.,,.~ c~,),e trust funds are used to account for assets '~eld by the County ~n a trustee Capacity or where legally m~t'tdat,*.d Ail of the principal and income may be expended in lhe course of the:r designated operation s Agency funds - agency fundE a'e c.;slodial in nature lessors aqua.! habd;t,es) a"J do not involve measurement of results of operabons. Age'~cy funds are de3ring accounts for assets he!d b': a government as an age,~t for private orgamza:.c~s and other governments or ¢'' - ACCOUNT GROUPS fixed assets account group - this account group ~s used to account fo' property, plant and equipment r~ol used in proprietary fund type operations. The general fixed assets account group does not include public ~' domain, infrastructure, fixed assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage i" :'~' "': systems, lightmg systems ar:;; s;rrl~iar assets their are immovable and el value o"iy to tho County. : "",t' . ~:::~;:,:,:~-.,.;,~ Gerleral long-term debt accc,.;nl group - th~s account group ~s .s,...)hshe.. to ~.':count for long-term debt and ~ other liabilities not accounted for in !he proprietary fun¢:s. BAStS OF ACCOUNTING/4.:D MEASUREMENT FOCUS l~asis of accounting refers to ,,,,,hen revenues and ex3end~tures or expenses g'e recognized in the accounls ~_( F and reported in lhe financial statemonls. Basis of accounhng relates to lhe t~,"r.. -g O~ the measuremenls made regardless of the measurement focus applied. The modified accrual basis cf accounting ~s used ~n the govomrnon',al, ox2endable trust and agency lund Under the modified agcrual bas~s of nccountmg, ro,/enues are r'eoog--zed in tile accounting penod in WhiCh they become both measurable and available to fmanco e.',.pend~tu'es o' the current period. collectible within the ¢-jrrent pened or soon e::ou£:h thereafter, gene'~ 'y 60 days, to be usna lo Of the current pon(;u P;~m,"ir7 r,:vf','::LJ,3.; t:',r.h.C,!:f.: '._,pr:irK:; i~.b:-;(;'5: t;;t:'*' ,, .;h:rr..:Oz'c:rll'~lOllta! for services rems a~C interest are trea~ed as susceptible to accrue! u'der the modified accrual bas~s. ri, axes are discussed later in this footnote, Olho revenue sources are not considered measurable and are not treeing as suscephble lu accrue' E:,pend~:ures are recorded when the related fund Except~c,',s to lh~s general rule mclude ;:ccrued compensated absences and principal ar, d long-term 2O 2 .?, .~ N©TES TO THE OENIEF~AL PURPOSE FINANCIAL STATEMEr,,IT.S SE F"'i EMBER 30, ~;., ~;..,..~ ~IOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLIC ES -CeNT NUEr3 ~"" BASIS OF ACCOUNTING AND .M!~,~::~q~[:.]..I_E~,'T FO~US - CONTINUED ~:!:~:~ .In applying the susce~t:bt.,'.y-'.o-~cc-.ai .-o'me~t tq n'r,rc')' e-n-'o'-'? r' nt' ",-, ......... ~,~Ft'='~"requirements of the numerous ir'(hv:ecal ' ' '" ' '~ J .......... c,c, ,es .... . e.~,., ~.~c cork, a< ....... programs are used as ?.lieL~.qce There are esser~;iatlv b,vo h,'p(~'-; these revenues. In one. nones must be expended or, the s~ec¢;c purpose or project gefore a,~y amount ,,,~!1 : be paid to the County. l~er,;"ore, re..enues are recognized based upon the expenC.:_res recorded. ~ther, monies are v;mua;ly LiF~Fos,vJct.?c ,3:.; to purpose of e.,.p_,~d' r,, ,',u,"e a',d revocable c~ ,, lc.' fa4ure to corn;? prescribed comDIierlCO rec{:,rb, F:' ,:: :'; t.,.; , SUCh as ','¢ilhC.Uc~"" ~,l em;.~lovmr, nt. . .. oppodun!h' ..... Th0-,,...r, r~;sourr:er; reflected as revenues at the t,me of rete,pL er e2rher ~f the,/nee! ~¢:0 ava:h~b~htv cr,ter~e- Proprietary funds use '"p ~':,'.'.:.:'u;:! '.:;~s s of accn;:rd:n!; F, ',,.~ ",~c.': ;.'e '- ',,- .,, ~ ,-' · . ·~-: ere earned and e×Do~,sc.s ;~'c 'eeoc..:" zed ;n the C.c.r,r~,:: ',',l.,.,n focus ap;;hed to .,:._:o;'ernmenlal fund lypo$ a:;d ~o exper, dabto trust f..qd types ~s the rio,,', of · current financia] resources O'~iy c.;'renl asse~s and current hab~ht:es are generally ,rduded on the balance .. 'sheet. Fund balance ;s cor',s.cered a measure of avadable, s,oeqdab;e or appror.]nablo resources. , . The measurement focus,:,...~.o~2;'-'. ~ to pro;:,'lelar;, ",LJf,r.,' ~ tyPeS ,.~: '.h,~"~ C~P:ta~ ,,ma~nte'~ar'ge or rio'.',' of econon',c resources measurement focus. Ah'assets and ail h,sb~lit~os (c~;'ront or r~opcurrent) are -cludec on tho bal;:Rce Sheet. Fund equity ~s segregated ~n',o contributed capital and reta:nec oarnw~gs ",'~,' ~' ~UDGETS AND BUDGET~,R',,' The following are the statutcr;, procedures foitc,',od by th ) r., .,¢, of Co,;nty LOc .. . Commtss,c"',ers ~n ostabhsh~f~l the budgets for the County: - ' 1) Within fifteen days after ce't fication of the ad valorem tax roil by' tho Prope.,-t',;, Appraiser, the County budget officer prepares and ;;.resents to the Board a lon',ahve budcet for the rr:suine, fiscal year The budget includes a!l est','T,;ated receipls, balances to be b'ought for~',Yard, and all est,m~ted e×pend~turos. reserves and balances to be ca"r:ed fo~vard at the end of the year as specified ~n Sechon 129,03, Florida Statutes. 2) VVithin eighty r.¢~.,,s o' tr',e Ce": 'Cat on o' v;_~!Je, hie; r~ :~t oc;r'.,'., t',;,n s,.,:ty-flw: (:;z,s after certdr~cat~on, ti.,: Board holds a pub:,c h,-:;.-..-(: c" :':e lu'~lat;',',; budcet and ::~r,~;)osed ~n,~i;,ge rate ,.{t lhm hearmg the Board amends and adopts tho to-tat, e bt:deer, treetop,Xes tho pro;;osod mdage rate. and announces pubhcJy ~e percenlage, ~f any. 57 ,v'- c~ :~o recomputud propos;ec mP;~.~o rate exceeds t2e roiled-back rate If tr~e m~lace rate tentatwe:y a~ophs'; et, coeds that proposed, o~6h ta:<p~},,}r v/tthm the ;urisdicticn is nolihed of · e increase by first clb9~, m;; ' ;}t tho ~.q)or'so ()f try; Br¢;:.(: 3) Within fi~eon ca;'s ¢' tho ,--¢,,-.'.,~q - ' ~ Intent to adopt a fina~ b,';,':r-: 8'c ' ' * ' 4) A pubhc hear,g'.; ,;, t',':'d ~;-., V'¢; Bo,srd to f";" ,:,: ? .:: !..,-.?'..' ~,,.-; a(t,;;)t a n':;i.sr;e rate. Tt',s hearing he!d not less than tv, o C;LL,~ ~";: r'Ct fnore ¢;~-r; f,~o ¢;;.:)5 ~:¢:,'.:.~ J~r: q;~y that t~; advertisement ~s pubhshed Prior to Septem:~e' :;:), P~r: m [.;;.r.;,-., I,'.:vy ,2 ~.':.~opfe: h~,, a separate vote In no event millage ra',e adop:¢d ;'."o.',,::: ::.. c",'c,':oJ t"e t;.r't,~t.','r:. ~.,',c.:',:': r::~ COn rat,-; Tt~:s m followed t)y approval and rahflcat;o:- c.f t::r..; 'r ;~' 21 2 I I I I I I I i I I I I I I I I I I I CC, LLIEF, C()ur.ITY. FLaK'DA NOTES iO THE GENERAL PtJRPOSE FINA',;Ch\t STATEMENT,'-; SEf; ~EM[3ER 30. -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED AND BUDGET:,%_'!'ZQ_,!!.&.:_CO:'_4 ~!hj_~,r.:._D. 5) The reso.~:,on appro.',~¢d ;~: tt~e f~;:a: h{}prm(; ~s fop.va'dod tc ~a Deaaqme"t of R,,,.'~,n'.:e. not ~ater than th;;ty days fc owfn¢~ ti~c acopt~on of t¢e Resoh~t:m:. t':, complied wc~ tr.e 3-c.;'; :.'}' :; of Chn:;:c. 20,? F'.o-:da expenditures ,-.'~ ..... t~"e Commlss!one's as 2 "'",",'~' of *~' ',,', Thc ...... n¢'r'-'tr." b:..' 'pt ;'.;-rS ?',~;' de,.i ,", '":: '",', f,sr-?.i ;,.:;r ;:. accordance ',',,',th i"e 7) Budgets 8'e mon,:orec at var/mO ievels of c;ass4;cat,or~ H:;,.,,ever. expenditures c~" ~,ot legally ' , r. , ....... ',e.el ~ec, o :c "" i,...':.'¢,-."' F~o' -~r.,..,~ o~,, , ~ .... d~{', ~n total appro;'rat~ons a, '" ' ..... ~.,,¢,. f..md ........ u,es. as -.~-nn ,' , provides the: expenc :,¢'e.s ,: e,cess :./' ' ' ' Far. al budgets-.'/' ~ntegra', ct' s o.'.'F.'oTe:.' as a mnna!:er,'no"t r.o":'o' de/:c,'; d,_;r'":g the f.scaf year fr)r n l f, Jf'.d Budgets "ave been :oSa',!7 adcate~ by t~-o Boa'd for a'l ~cg'C funds e~cept for a~e"':7 fHnds and thor;,: described ~n Note 10 "laud0,-..t to/.ctua;" The Pro:;e'ty ?.::::'a.se' a"d the Tax Col;eT. or adopt burl,Cc?; for their genera', funds ruder)o':de'X:7 o~ t".e Bo.':_'d ,rr:.r.' CIr:r', of t"o C'ro.;~t Court (~o tho o,tent of his fur)char; ; ex-officio Cle-k to the Eca,d and the a'*no,jr~,t5 of h~$ f~o 5tr;jr;tL;":?: 85 C!O';'. tO t"e C,rcu,t a",d County Courts}. and Su=ervisor of E:eot:ons p,'.,.:pare bud0ets for the;r ,:;ergo.al funds wlmch ere submKted to ,qnd the Boar(::. Budgets are acopted on a bas~s cons;stent v,'~th 9eneratiy ac¢oated accounhng princ:p.es (GAAP) for all governmental f~nds except as descnbed in Note 10. "Budget to Actual". All unencumbered approprmhons lepse at the end of the current year. C~2ital project costs are hue'gered ~n the year they a'e anticipated to be obligated. In sobsequen: veals, the uqusod t}ud.~t m reap::,'oprmted un',l the pro;eot is completed Proprietary furies are b,;d!.:oted c,? 3 b.35~$ co,-.s:$tr?t v,.,¢', ~c.r~,c:'r?iy accepted account,nO principles, except that capital re!ated an(: debt trarsact cr-.s are based upo'~ ca'-", rr;ce';)ts and d~sbur,,emerds. Est~rnat~;d beginning fund baiancos ;~?e ¢or~,s~de',;d ~" Ih,} b.:dg,}t;,,'y :.'ocoss D~fferences t:etween estimated beginning func ba!ances and e,:t..,~_;: fcr;d bah'mc{;:~. ,f :"::to' ?:'. a-e s,..bm tied to the Board as budget amendments I~NCUMBRAN C E S CO '~ .... , .... balance. It is :'-e Ccu. year's budget Fur',d COLLIER COUNi'Y, FLORIDA PU[-,I Oo,: FINANCIAL STATEMENTS NOTES FO THE ©Er'4F-I-t;,L ' ~ ""- NOTE 1 oSUMMARY OF SIGNIFICANT ACCOUNTING POLICIES . CONTINUED ;H AND CASH ECdIVALENT$ ,~:q[)II'IVESi L!EN TS 31. "AcceL~tmg and F.,panci31 Rope,ling for Certain hwesrt:ents and for External all investments ;~'e st/dod at fmr v;~lue Cash equrvalents e.'6 ..,; ~', :., as short-t,:.rrn h~(.:";7 I:,.;u,d , :,,,n'~',r',,er;t$ ',', "~ moturA:e5 of throe moRlhs (~r ~¢,;'; considered to be a ca~': e,.:u;,,'a'e:-', INVENTORIES AND mqEPAID C .... T~ In~ent~ry is valued at cost wh;ch a;;prox~matos ma;kef vokJo, usN',G the ';sl-:n flrsl-OLIt method hw,r'tory ,'. · e governmental fum;s consists of expendable supphes held for consumption The cost ~s recorded as an expenditure at the brae ;ndmdua~ m','ento~ items are consumed. Re2o-'.ed invenlones and prepmd costs are equal~ offset by a f~d bn~¢nce resoPre v,h,~h md~cales that t,e7 c: not constitute available sp~md~fl)le GENERAL FIXED ,t-SS EI'$ General fixed asse:s are re':.o'dod as expr:nd.tu,'os ~n lbo (,jener8': [,,'-ct, C~DIb.~t pro;ods funds and other governmental fund t,.ses 8t the t.r'r;e oi' perches,;, aud cnpdah;,,~/t ~t co~' ~n the got;oral fixed assets ¢~.cotlrlt group. Public doma", or n'frostruc',uru f~.,'c-d ossr;ts cons;shn9 of colain improven'~ents mAludmg ton(Is. bridges, curbs and g.;t:ers, streets and sdew,2iks, drainage systems 8nd lighting systems have not been capitalized. Gifts or contnbuhons are recorded m the general fixed assets account group at fmr market value al lhe time received. There ~S no deprecmbon expense recorded on geqe'a fixed assets. The County mamta;rs a policy to cap;tahze [~;,,~.;d assets ,,,,,hmh cost 3750 or more and have a useful life excess of one year. EJXED ASSETS OF ~ :OPRIET/.RY FIjt~DS .... ~ .(, CF)5', Cr;~".Dul~ons of propc~rty am recorded at Land, buildings,' ira,,. _. e,,,L ,,~ a"'J Ogu~pr~or'~ e'e '" Iheir fair market val;.e cr~ ','~e date "' , . c~l~l~ from deve;czers and customers, are stated al Th~, County cap~tahze'~ me/.,r e;,'per',ddures [or odd tom-, ar;d ,mpro,',~m.e' ts Major expenditures ~rmlude items · ,,,,;;.1 a cosJ of S750 c' -~c. re 'dr'(; '.'..:th ,q Hsofut Ifr; In (;','C~,S% Of r:~ r~ ','~';5' E;,penddures for mainlenar;ce 8nd repairs are charge(; to opemt r:f; e/ponso3 The COS[ of ::3 COLLIER CO~JHFY, F[ORIDA i','O'~ ES TO TIlE GENERAL PURPOSE FINANCIAL ST'ATE'JENIS St':,~ F E 1.1U, E F~ 30.1 u'"c~'~' SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES . CONTINUED method The es:~mated use(ul life of :t~e var,ous 6'a5565 of ce;)rec~able fixed assets ts f~: ~7:'__r=' d__A_s :: P_." Bu~hhn~.j:, 20-.k'. ,ears CAPITAl, I.I~ASE OBL1GATIO:;5 k:~te."m debt 8ccour'~,, ~-";,.,2 ~qr! ~n th,'." r,,r?r:r;'~l f,;,'ed n'-,sr:t5 ;~C'~o',n; ¢ re ;: 'e~;Pechvr:'y obhga"..,Ofls Of propr~e".a'., ' ' -: "..,2,;'., a:'C ',",r; re: ;.:,~'_; Ct,:,: O~ ;}' ',O:', ~;,gr;¢ .¢:~ 2'e 'r:l,eO',e(~ ,rt I[~(., aCCOUnts oflhose funds For c8.3 tal I085¢: OL~hg;:',~Or~S or~c.;mat~¢g ~r: gO'/Oq"r~O,",:¢ funds, an expend:ture ~$set and lhe offsett,ng ar',:o.,n: of tr~e flnnr;cmg source as reflected m the state,meqt of revenues. arid changes in fund ba~ar',ces FUND EQUITY Contributed capital is recorcoc r'~ propnc, tar7 funds that ha.,,o receivc, d cap~t~' granls or contr~bubon~'; frum developers, customers or o:~e' funds Reserved retained earmn§s and fund b8 8nce represenl those portcns fufld equity not appropr,aa,.e for expenses/e×pend~tures or those portions legally restricted for a speg.fic future use. Designations o' f=¢: .'38!8.qco represent tc. mtaWo p',ans fo- e.,'pend~tures. _BOND DISCOUHTS A;;D ['~O~,D ISSUA[ ICE COSTS In governmemal funds ,bo~'¢; C f~c. ot~r*,ts ;':rid Losu;'ff~¢;e (;esl2 orr: rooo~r~,~Od ~ tho current usin¢ the inlerest method a-c :r~o s:raisht-line method, rospectwely Bond c scounts are presented r~bon of lhe face amour: o' bonds pa./ab',u wh~lo issL~Jr~co 6o5:5 are recorded as dc¢orrod ct~arges, sP,.,~ on tho face of the :r; at,ce ShOt:! ~s a f;or~Donf)nt of "r)'hr? Statemenl 23. "4cc..,,~-: '~q a~d Fmanc:al Report:nd ,'or ,P,,:fdr',d'r;rj'~ of Debt Reported by Prepr,¢ary 2 COLLIER COUH TY, FLORIDA , ,'), m. TO Ti !E bE:I'.,EF, AL PIJRPQSF FINA,NCI,.'.,L STA1 EMENI~ ,:~,:~', r..,,,BER 30. 1 ?' ' ' .NOTEI'SUMMARYOFSIGNIFICANTACCOUNTINGPOLICIES'CONTINUED ~' .... !N,T, EREST~ .,C;Q S_T ' Interest cost is charoe..: :e ,~xper,_,: or expenditure at, ragu;red, except for ~gterest c;Jp~t,:!iM~(J it1 the funds, in accordance ;'. t:: :::,': pro.., s,ons of F,.nanc:al Ac. ccunt,,~g Star'~c!2rds Board ,FASB; St,::e', .... c FASB q ", .... ~t,.,or,,t. nl 62. "Cna~tahzat~on of Inte'er, t Oost ." Capitahzabon of h-tares: Ccs',". ~,~' · L.,. .... ri Oll',s nr:(*, C*!'2r~i3." ,',',on 22,'")l,c,q.; · ~.;.'" Involving Ce.dam Ta,-E,empt 5c'rO'.',:ng$ end ' '"'~ ' .,... ; pROPERTY TAXES ,¢ ~ --*, · ," ' *~ ~,' '¢ F ~, "'," ,' ~,h ' I' ,f F':C * "F' ' ':"r~ ('%")qfc r" I l(,I,r~, .... /';U ,, :-y:;... Property taxeo b,.cc ...... e ,....,,, ,.,} .. ) ............ ~ .............. . ........... ) .................. ~;" -~",' lhe followmc v,',ar r, '~c .:~' s ct: 2-:; :.ri', loxes ,t e a!h:,v,'cd fo:' pavm,.m:s made 2r',or to :;'e/..:tr,i 1 ,.:' del,nqt',f:i .t ~i~;;-'. ' dale as follows' I',;cve:":er - .4' ; DecemL~or - 3.:.,. January - 2",'~.. an(: Fe:~rua."y - !%. Tax c(:,'t:f.catos for ll',c ~,~i~'~:'i full nmounl of any un~a c ta.,,:,s taus: be so d riel ate' ~an June st of ea:h year No accrua for :?e property ',-;~' ' ' lax levy becommc Cue .r, November 1998 ts included ~n lbo accompam ng f, nancial slatemenls, s~nce such .... taxes are collected :o ?once e:,,':,.onddLJres Of the subsequent period · u. co, e.,i.,_, proDert7 taxes ~ro nc: iI:C!',r:'Ofl ill Proge%y taxes re:=-. '.';::: e z:"'.: a co'rd-spend,rte a:lo'.'/anco f¢ ..... ,' c, -¢ the financial statemer':s 3.: :: .;',: c'.~ ri} c,:: :',c.e'~t Ic.',o3 c'; cf,:.,:....,.;. 2 .; 30. 1223 ~,.. 1 u ....rc as foilo','vf, Key dates in the 2ro:)o'~,. PropeAy Ta',~ Cvcie Date Assessment roi! cort~F Assessment roll carl,Earl Millage resolut,on Beginning of fisca: 5 ear fcr :ax le,,y Taxes due and paya: e tie.,/date/ Property taxes 2a,,22 o Due date Delinquent (hen cate Tax cerlificates sc.,..; ,Innua,h' I. 1997 ,July I. 1997 No later than 95 days following ce.'Idficat:on October i. 1997 Novemser i, 19,97 30 Ca'/'s of:er levy date Marc'; 2', 1908 ~,;.,r,i i. 1998 Pr.r.: ir, ,.;.uno i, 1998 ACCRUED corJ=EtIS,2.TED ABSEHCES The County foltov,'s :.'-.e pro/;s,orm of GASB Stale,metal 16. "Account.-O for Compensated Absences". Th~s statement provides fo' the :r'.oR.c,!lren'~oRt Of accrued ,/acat.or~ len.e e'd orr:o' corr, pensated ~.r)sences using the pay or salary to:es n o"edt a'. the bal;mce sheet date I: also r'equ~rOs add,t:onnl amour'~ts to :.to acc:ued for certain salary re~a:ec p~'/'r:t,;~ts &.gsocisted ',',' t'~ l~',o p:;'., trent of dr,:"?;" sated absences. d U ! I I I I I I I I I I I I I COLLf[:R COUI'ITY. FLO~':dDA NOTES TO THE GENERAL PURPOSE FINANCIAL STATEL1E'.;TS SEP I Itt. II-;El-'. 3'" ,nc.- .NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES- CONTINUED ACCRUED cor;1PEh£:.TED ABSENCES - CONTIi'JUED It is the Counb!'s pohc:, to a;!ov,, er.'pioyees to RCCLIFnu!L?,¢; ~:l dnhmltO(~ r'uf'Rber Of ;'.:grS Of LI~tL~Sf.'d sick It,:h,,- and up to 240 hours c' unusec vac,%~on leave. El;active i",i~rch !. 1996 the Count) modified the poi:ay for leave pay upon term~na:'?. Em;::cyees of record on At,'Sust 2. 1996 may be gm'-ted a s~ck leave payment upon term,nation for a:~'.,' ser',..ce :?eqod earned pncr to Au.cast 2. t996 No emp!¢..,,ee hired after Augt. ml 2. 1996 sha!l recewe pa) me,ti for acc'ued s~,:k lea. e upon [er,~",.'",L~,tto':. g~oFi tem'mO.t.,.'r', e',~p',oyees are grnnte.~ 100% of al!owable yacht.on hours ;4 the cJrre::t re, to of pa'..' Acct_'ed co:,'npe,"'catec ~.r:sences flowing governme,"tal fund types are :er:ordeal ,~: the car, oral krug-term ('.opt erccu:~t ~'o,,3 ::,:-cB'.me it does not the use of evadable -~-'~ ~"'-'~-"~' ........ u. ,..¢.,.,.. resourcc, s a, r~e ba',~.:'ne sheet d:~:e Fo' prc:',e:;.,,ry funds, the related to vestee s,ck and ,.'coat,on eave Ls recorded on the balance sheet as a lo,~£:-:erm hab~hty APPLICATION OF FASB FRC'N©U;'ICE?..!E?il"S TO PROFFJET,:.RY FUNDS In accordance wit.h G.:-SB $:aten:e,:t 20. "' .... ,,ccot .... ng Accou,., nc. the Cou",tv bas e ..... d no: Io apply those Governmental Enht~es That Use Proprietan/ Fund '~' ~" . . FASB Statements and Interpretat'.c'~s ~ssued after Novem!;e' 30..8, ACCOU;:mNG ESTtM:,TES The preparation of financ,.at s;a:ements ~r~ conform¢,y with generally ~ccemtec acco.at:ag principles requires management to make esi:mates amd assumptions that affect the reported amounts of assets and liabihties the date of the finar~c:a: statements end ~he reportod amo,Jn~s of revenue ar, c ex;e'~ses during the roport.ng d~,,e, from those ost,,rnated. period. Actual results ma) TOTAL COLUMNS ON THE COMBINED STATEMENTS - O',/ERV1EW Total columns on the Combined Statements - Overview (General Purpose Fmancial Statements) are captioned "Memorandum Only" to lad,cate that they are presented only to facihtate financi~' analysis. Data in these Columns does not present financ,~d position, rosults of operatic,",s or cash flows ir conformity with generaIly accepted accounting principles, e~.d such data is riot com,'aarab:e to a cot;solids', or,. Interfund elimlnat:ons have not been made in t;:e ag~re;-3::on of ~his data. NOTE 2 - CASH AND INVESTMENTS ..... ...... ':* The County mainta:ns a cash ¢.r':: in'.'ostme.:: peoi th;ti ..:.. ;_:,;: ;;bfe for ."~-"- b/ a '~::ds Each fund ,y,.e"" "~.. ii portion of this pool is csp ayec c:'~ Lne comb;maC Ua'ance s",;et under rte t:e~:(.:.r:g O' Cash and Jnvostn~emts. ,.' : Investment income is a{:ocated monthly to participating f~r'.Cs based on tr, e percent~:~;e of each fund's average ', .,~i:" :" daily balance in the total pool In add:lion, certain ~nvestrT:err,:; are r ....... r', held z,0 su,,,~.~:,.~.¢ ' trustees in accordar:ca with bond indentures a",d other co".:ractu;¢l ~.0reoments DEPOSITS All cash deposits are re:d ,? c' ,r:' "/-.c pub!:,':, co.3os;ton,::s pu.s'J;':::t to F,o ,~a S,a.., :s Chapter 280, "Flor,da Security for Public Depos,ts Act". Under tho Act. a! qum:,r,ed~*.,..''r ,.,.r.. depositories are required to pledge eligible col!aterai hurl:'=; ;: m~';'-; ~: ',' ~:. e':.:::' t' c r:'.:Bter ',~';'.". the ;...'. r: 'ia d;:.'/ o' n':' :h~'/ UDIORCO of ~t ,:..~;. ll,a p:edg'-,g ie.u. ni;~y lango from 5,J de.sits, multiphad by mo cepos~tor/s cohatur~. ~)ioc:g.::g '( , 125% depending upon tho dopos:ton/s financia! condition. Any losses to pub:c deposits are covered by tppl~ble depoml insurance, sale of securities p!edgec as col]alergl, and ff necessaO,, assessments o~er qual~fied pubhc depos::c-io3 of the s;~n*~t'~ l ,';)e. as ~h~: ~.,n_,,o. ....... ,u,/Jrl c,[;fa.~,~ 2 COLLIER COUNTY, Ft. ORIDA NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1098 2 . CASH AND INVESTMENTS - CONTINUED E)EpOSITS- CONTINUErD September 30, 1998 the County had den;ar3d depos,ts `"',,i:h a bo:-. 'ba'a~ce an(! a bank balance of S17,607,856 and S21,6!8,253, respectively. These demand deposIts inc',J'de d~scretely presented component tltlit deposits with a book balance and a bank balance of S129,845. T~ese deposits `"rare fu!ly covered by federal depository insurance or by col!ararat, i;~ tr, o County's name as rec.;,red by Sectior'~s 280.07 and 280.08 of the Flodda Statutes :NTS investme:~t pr~c:!ces are ~overr:ed by F',orid~ S~,~t'.:tes '£5 3' and the Couniy's inves:n',e~t pOliCY which '.".'as adopted b7 Count70rdir~ance :~7-65. The County is authorized to invest in obligations of Ihe U.S. Treasur;. its agencies and instrumentahties, i COrr~ercial paper, bankers' acceptances, repurchase agreements, ce"t~ficates of deposits and the Local ! Government Surplus Funds Trust Fund. AS ~'zith any~nves,me.' ' -',,. tr~e securities hem by the County are sens;~,,,e to c;fferent elements of r~sk. The major ! risks are market, legal a':,d credit risk. 'Market risk relates to the risk that the marr.=~ value of an investme':.t ,'" '.¢~,, decline during the life of the · investment. The level of market risk is determined by such factors as the length of time before the inveslment matures and the likelihood of an investment being sold before its maturity in order to meet operational . requirements. The Ccu",ty continues to hold various U.S. government agency securities, inclu'ding Federal H~"ne Loan Mortgage Corporation and Federal National Modgage Association collateralized mortgage ~bligalions that were purchased from 1993 to 1994. At September 30, 1998 the fair value of these investmonls .was approximately S20.1 million, which is .53:; below cost. These investments are recorded in the financial : i':;::: 'statements at fair value. The County currentl7 has the ability lo hold these investments as it has sufficienl liquidity to meet operat~o.~at requirements. :l..egal risk is the expos:re to a transaction beh~,g determined to be pro.~',bited by law, regulation or contract. Management believes t'~e level of legal risk exposure to the County's ¢or:,'otio is minimal. :Or~dit risk relates to v,'~ether or not the Cou~t7 wi',l be able to recove' its investments in a security at the maturity date. The Ccunb,'s investments are categorized Io provide a~ indication of the level of credit risk the Count,/. Catego,w 1 includes investments that are insured or registered, or securities held by C,4~nty or ils agent ~,~ the County's name. Category 2 includes unins..,red and unregistered investments for · ~'~:idh the securities are held by the counterparty's trust department or ac-~nt~ in the County's name. Category 3 ur, insured a,",C unregistered in,/es~ments for which the '~"' '"~ ~ ~'"-~d su~u,,,.e, are .. by the counterparty or by ils department or agent, but not in the CountT'S name. hwestments tr~a.t are not evidenced by securities in Phy$i.,".,al or book entr/fo'm are not categorized. ¸27 I I ! ! I I I I I I I I i I I I I I COLLIER COUNTY. FLORIDA I',OTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1998 .,N, OTE 2 - CASH AND INVESTMENTS - CONTINUED INVESTMENTS- 2 At sePtember 30. !.cgE ::",e Co,~m:'/'s ~nve.,;;me:',:s ,,','ere ca;o.gcr~F_ed as Cred.,t Risk Cateco-. Cateqory 1: U.S. Agency Secur,t es U.S. Tre.~ ;ury Obhg~: ohs To~] Categor'/i Cateqory 2: Bankers' Acceptance._ Commercial Fa.ocr Repur~,ase Total Catecjor'.., 2 Not c~teqorize~: Local Government S.;'otus Funds Trust Fur, c Total not ca',egor,zec Total investments irc'ud;,'-~ cas~ equiva;ents 21 31 ~= ~ 4.9~5.567 4.438.600 40.6"2.7"55 7~.0,,;5.413 7.:.005,413 S 265.374.562 NOTE3-TRADE RECEIVABLES Trade~ece~vabIesf~reme~2r~sefu~dsar~n~fanau~v~an¢ef~rd~ub~iacc~untsasf~ws AIIo.,, ance for Net Tr~c:e D~ub,,.., T?ade Eecer,,ab!es ,"-..o ¢ r,,s Re cewablos County Water a~d Se.':e- S 1.961.672 S Marco W;ter and Se,',er 57,046 .... Goodland Water 29 758 Solid Waste D~spcs.3 75,-;.9 i 5 Emergency Medic;= Se.",' ':es 4.745.862 ;-: 426,952) Airport, Authority 40.32 ~ Total S _._~7. :~, ';__57--!, $ ;,:.42,3.952) 1,961,672 57,046 29.758 756,915 318.910 46,22' 3.164,622 28 COLLIER COUNTY. FLORIDA NOTES TO TIlE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1098 NOTE 4 - INTERFUND TRANSACTIONS 2 FUND Duo From Duo To General Fund Spectal Revenue Funds: Road D,smcts Water ;.lana~eme,~: arc Po':u: c:: Ccntro! Uninco, ~'~rated Areas Gran;s and Shared R,;-. ,~.:' t.,: ~ lmpro,.emem D,s~r'c:s Shenf:'s Grants Fire Control D~s:r,c:s Misce:!aneous F!occa Statutes Fee Li~htm.c Dis:nots 911 E.'manceme~t Fee Touns: Development 800 MHz IRCP Fund Debt Service Funds: Parks anti Generai Obaga'~;on Re%'~C~n§ Bonds Road and Other Im,~ovemems Isle of Capn Renova:.cns and Stormwa',er Improvement Assessme~4 Capital Projects Funds: Parks Improveme~:s Parks Impact D,smc:s Road Impact D~s:~ c:s Road Cons:inchon Wa',er Managemem Enterprise Funds: Coun~ Water ant Sewer Soli~ Waste Disposal Emergency Medical Sera,ce Internal Service Funds: Information Technology Depa~men! of Revenue Fleet Management Trust and Agency Funds: Inmate Warfare Coumy Drug Abuse Cdminal Justice State Court of ACmin,s;ra: m- Confiscated Propeq¥ Law Enforcement Tra,nm9 .... Clerk of the Circuit Shedff T:x C3!~ector Cecos,ts P~ne R~dge and Ne2:~s P~c,L:.: o'- Total All Funds ,: 22,2z4 24.594 103.748 6-:,900 10,239 2.57~ 8.~27 371,393 2~.077 6.54~ 267 5,603 3:3.350 1.039 Z78.347 30.000 10.896 315 1.2~i 22.236 62~ 199 362 26.954 166,434 23 2.468 12,476 3,434,622 2 3.449 57,720 5.600 478,34! 92 8 27 2 16 1.68C, 11 9,058 92,653 16.1,909 345,9t5 29.462 564,290 316.010 S 3.43,.,62.. Advance to and ac.,a"ce ?gm o:r-e' '.:c5 a' Sc-:)t,:.";,: 3,: '.'....-~ ....c-e as follows . FUND Advance To Advanco From General Fund ~ 4.309220 Enterprise Fund: Airport Authont7 Total All Funds $ 4.369.220 29 $ 4,30~,220 S 4.309,220 I I NOTE S - FIXED ASSETS k ~ of changes rt. ',~e C. er:erm % ed ~.'-:~.e',S f.~,' ',:',,Z.. year enCed SeptamOe, '~' O~her Than CC, LLIE P COIJNTY. ",r' _ _ . F~_.~ NOTES .... '" , b TroD. GENERAL PUt,'POS~ ......... $, ATEM[,,I,< SEP1 EMI3ER 3:3. '( Oe~eti~$ · -. Trar~ters ~ Transfers out 6A2 Ellterpfise Funds' CO~ Water and Marco Water and Goo~and Water Solid Waste Dispcsal Emergency . ~es Inte~l Se~e Funds I~ T~h~lCg't ~lS Mana~em~rt ~ent of Revc~ Se~ Fun~s Less Accumu'ated Cons',;UCtlCn Tctai S 4.474.843 S 115,025924 S 255,?,,66,689 S ~^"'~' $ (78.404817) S 4 cc c . 4,743.745 (1,554.58g) 3.1900' ', 1.57~,748 (82g.363) 747.75; .......... ~,, .~. ...... {6,073.170) 6,871.153 221 583 3 ~27 ; '310 525 (~.2.t2 162) gg3 12~ · 438 :~49 (852.735) 5559% .:SI ;.L3 (30G,67~ 186 t,. 212 2:2 13 416,743[ 2.9.33 8'3 S i53 ?.-~g 277h e. 50.352501 S ?;5 .5;'6 293 3O COLLIER COUHTY. FLORIDA HOTES TO THE GENERAL PURPOSE FINANCIAl.. STATEMEN I% SEPTEML3ER 30, 1998 6-LONG-TERM DEBT is a summary of charl£;es Ir'l general :o,',L:-tem: debt for lhe ~e,~r e2ced September 30, 199: :neral Obiigat~on 000's Omitted October Debt Debt S,},')tember '~, 1997 Issued Retired 3r.t, 1998 S 6 ',00 S :5 (2.,420) $ 3.680 Ra~e~ue Bonds and of 61,475 (4,870) 56,605 Commercial Paper 5.660 ( 1.538) 4.122 69 {23) 46 Accounts Payable 67 3 (70) Compensated S 82.060 Capitalized Leases e Rebate Total 6,950 454 (4) 7,400 1,724 (412) 1,312' 15 16 31 S ,473 S f9.3371 $ 73,196 ! I I I I I I I I I Ii following is a summaw of changes in propr~etao/fund long-term debt for the '/ear ended September 30. 1998: · ~. Revenue Bonds -'"' Notes Payable Leases Total 000's Omitted Deferred Loss October Debt Debt Amortized on Bond September 1. 1997 Issued Retired D~r, cour~t Refunding 30, 1998 98.329 S S (5,291) S it S (5,159) S 87.890 18.799 7, ~ 02 (979) 3 24,925 ~4 /29) 55 117212 S 7,102 S (0.299) S 'I,~, S f5,159) S 11787n 31 I I COLLIER COUNTY, Fi..CRIDA NOTES TO 7HE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1,0:".5 2 NOTE 6 - LONG-TERM DEBT - CONTINUED ~',,O ~ E~ PAYASLE DESCRIPTIONS OF BOND iSSUES A,';D ' g .. ~Or~$ arid notes pay~.'ble a; Seph~,nlber 30, 1598 w,?e cen'~posc.: of ~he foIIo:',lnC General Obi,ca!ion Bonds S5,030,000 1996 Pub',lc Pgrk and Retreat;on Mumc:pL~ c-. r Obligatlo," Refunding Bonds cue m ~nnu;-d ,~sta;h't~ems of $'~£.000 to S795,000 trvou.gh July 1. 2003: interest at 4.00% Io 4.20~ ~. Rever'uo Bonds e'~d Certd;c;;tes of ".dr-L:tedness $5,000.000 1973 h'nprovement Revenue Cert;f:cates due ~n a.q."~al installments of $25.000 to $350.000 throuct~ July 1. 2003: interest at 5.50% to 625% R~_ track revenues are p:ed~ed for ~e payment of these bonds. ,$8.225,000 1992 Cap,tel Improvement Revenue Refunding Bcncs due ~n annual installments of $240.000 to S635.000 ir. rough Octobe' I. 2013; interest at 2.70% to 5.80% Local government ha:f-cent sa~es tax revenue ~s pledged for tho ceb', sew:ce on these bonds $30,415.000 1994 Capital Improvement Revenue Refund-o Bonds due m ~nnuP. I installments of S1,090.000 to S2.790,000 through Octobe' 1. 2012; interest at 4 35% lo 6.00%. Locat go,/e,'nmen~ ha!f-cent sales tax revenue ~s~:~,~ e~"~:.c' for lhe debt ser,,ce on these bonds. $5,?'7'0 000 1995 Road Improvement Refunding Revenue Bonds due in annual installments of $290,000 to $510,000 through June 1, 2010; interest at 3 60% to 5.375%. Ninth cent and seventh cent cas tax revenues are pledged for debt service on these bonds. $2'145'000 1~996 Guaranteed Entitlement Revenue Refuncr"g B°nds duo 'n annual installments cf S175.000 to S360 000 through October 1,2002: nterest at 4.19% fixed rate. State revenue sharing receipts are pledged for the debt serv,ce ca these bonds. S13,000.000 1997 Special Obligation Revenue Bonds clue in ertL;al ~nstallments of S965.r~00 to $2.560.000 through March 1, 2004: i.'*,t,:ros~ are pledged for debt see.,ice on those bonds $1,870000 1997 Naples Park Area Storm',rater h'nprovemer.' Assessment Bonds due in annual insta ments of 575.000 to S185,000 through Septe,'nbe' 1. 2012; interest at 6 45% fixed rate. Stormwater ,rnprovement assessment proceeds ~_;'e pledged for tl~e debt service on these bonds Total L:m;ted OD,,!.,',., on Rr:venue Bonds S 29.325.00{ 4.855 00C 1.670.000 1.795,0CC 56,605.00C 970.C$0 Oornmerc,;,; P~::>-;r ss,ned ~-,' the Fief:dh Lc,.;:: ©c,,e':','um~t FInan¢.,; CommissFJ'~ Commercial Paper Program. vanab!,) rate for tho c~,"en[ fiscal year o¢ 3.58% co!laleralized by non ad valorem reven ]e 32 S 4,122,00. COLLIER COUNTY. FLORIDA NOTES TO THE GEHER.&t. PURPOSE FINA. NCIAL STATEMEHTS SEPTEMBER 30. 1998 NOTE 6- LONG-TERM DEBT - CONTINUED DESCRIPTIONS OF BQNC SSIJE'~ AND NOTES PAYABLE - CONTINUED '6 2 I I Notes Pal, able $160.500 1993 note payao!e to a financial inst,tut,on, collateral,zed by ~:c va!orern taxes collected wltn,n the Is!e · through April 2000. h::o:es: payabie at 663% pur annum. S 45.857 Enterprise Fund Reve?~:e Bonds $...t68,500 1982 Gocdla".c Water D~stn¢~ Wa:er Revenbe Bonds cJe ~n annuai ,.,e~,e.nbe. 1. 202; ~nte'est at 5.00%. installments of S2.000 t.2 S110.000 through e ''~ , ' ' Principal and ~nterest are payable from the net revenues of the system and special assessment coltections. S15,960,000 1990 Colhe- County Water and Sewer D~stnc: Sewer Assessment Bonds due in annual installments of S290,000 to S;,~£0.000 tf~rough October I. 2011; interest at 6.10% to 7.15%. Pr..qcipal and interest are payable from special assessment collections and the net revenues of the system on a subordinated bas'ts to the 1991, 1992 and 1994 County Water and Sewer Revenue Bonds. S55,225,000 Collier County Water and Sewer District, Water and Sewer Revenue Bonds, Series 1991. Due in annual installments of S170,000 to S3,590,000 through July 1, 2021; interest at 4.40% to 6.50%. Principal and interest are payable from the net operating revenues of the system, system development fees and special assessment collections. $13,090,000 Collier Counzy Water and Sewer Dtstr;ct, Water and Sewer Revenue Bonds, Series 1992. Due in annual installments of S595,000 to S965,000 through July 1, 2010; interest at 3.20% to 6.375-%. Collateralized by a parity first lien on the pledged revenues listed on the S55.225,000 Water and Sev,,er Revenue Bonds, Series 1991. $24,225,000 1994 Taxa.~:.e County Water and Sewer Refunding Revenue Bonds due in annual installments of S375,000 to S2,315,000 through July 1, 2010; interest at 3.35% to 6.88%. Collateralized b7 a parity first lien o~ the pledged revenues listed on the S55,225,000 Water and Sewer Revenue Bonds. Series 1991. $40,320,000 1994 Count'/ Water and Sev,'er Refunding Revenue Bonos due in annual iqsta:[ments of S..,~,000 ,o S4.315,000 throu§h Ju:y 1, 202t interest at 3 0% to 5.35%. Oollateralized by a parity first lien on the pledc.:jed revenues listed on t~e S55,225,000 Water and Sewer Revenue Bonds, Series 1991 Unamortized bond d,scount Deferred loss on bond refcndi?.O Tota! enterprise fund ro,,oque bonds Less current port[on of boeds payable from res~r,cted assets Long-term porbon of enterpr',se fund revenue bonds 33 S :2!,000 005.000 23.440,000 9.245.000 2C O7O.O00 39 665.000 93146.000 (97,~33) (5.159.305) 87.889,562 (3329,000) 84,560,562 COLLIER COUNTY, FLORIDA NOTES TO TI4E GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 6A2 NOTE 6 - LONG-TERM DEBT - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED $ 2-,~32.915 f270.581) ( 1,433,958) 'A'¢' ....... S ., 3.~..0.23,_ Tctai brought for,,,,ard Unamortized Total enterpnse f_r,d notes payab!e Less current porl, ,on of notes payable from ~nrestncted assets Less current pon cn of notes payable from restricted assets Long-term porbc' of enterprise fund notes 2a/able SUMMARY OF DE=-.T SERVICE REQUIREMENTS TO MATURITY ' The total annual debt serv;ce requirements :o ma:unty of long-term debt. excluding compensated absences, capitalized leases, c scounts and¢--',P'"'~.*,~.,,~e~ rebate haa~lity, are as fol'c,',s. L.m,'ed Spec,a: '.', .~ter and General Obligabon Obhga:~on Sewer Obhgat;cn Revenue Revenue Revenue Notes Bonds Bsnds Bonds Bonds Payable .... l.~_t ,_!'.[ ..... 1999 $ 829,555 S 4,940,492 S 3,190355 5 8,821.958 $ 4,294.532 $ 22.076.8~0 !~'i':.? '~ 4.949.55: 3,092.795 8.791.403 3.934.468 21.595,575 2000 827 .... 8_..,1 ..... .~O,~c. 1.667,030 8.768.735 3,010,322 18,905,824 · ~, 2002 829.755 4,9~7.-c~: 1,61--,443 ¢.,,755,508 2.599.523 18,717,211 :.~.,~_. 2003 828.3~'3 4.920.~-';5 1.285.2.C. 3 8,861,399 1.842.403 Total de.,ht Less intere5: To~31 ; 3_.?~ 2_c<~fL _::53_~__-a. ~__7]2 (7 852.929) 193 ir4 1921 ......................... 235 00~ $ .:.3 1-'-50C, rJ $ 29,100,772,,, $ 182.531,772 The amount ava agie in debt service lc"ds to sorwce Genera; obhgat~on bonds, revenue bonds and certificates of indebtedness, commercial ~..e2er and notes paya:'e obligahons are $53,462, $9,63~,,237, $7,659 and S4.411 respectively. 35 I I I ! I I I I I I I I I I I I COLLIER COUNTY. FLORIDA NOTES TO THE GENERAL FUF-.POSE FINANCIAt. STATE%lENTS SEPTEMBER 30. 1998 6A NOTE 6- LONG-TERM DEBT . CONTINUED INTEREST CAPlTAUZED Interest costs on Ior,,~-,e,m CeOt incurred and cap~[ah:'ed durmg the year anco: September 30. 19~,3 v. ere ,~ . as follows: · Total In',erest h~.terest Cost Ne{ h'~teres'. : _Cost Incur,ed CaDit~'~zed _. ";;'/ Entemr!se Funds ~ 6,738.194 ~ ~5~49J S_ ~82.554 2 I I LEGAL DEBT MARGli'4 The Constitution of the State of Florida and the Florida Statutes set no legal de2t limit. RESTRICTIVE COVENANTS Officia~ statements and Cou,q:,; resolutions authorizi~ t!;e generat obligab0n ¢;qd revenue bonds estat)hsh certain accounts and determ ",~ the order m v,r;ch certa r~ re re,rues are to be cepos~ted ,.nrc those ~.ccou~ts aS wail as estabiish reserve requ~remen',s. Al! rec;u~rec batancos ,,,;ere manta red Water and sewer revenue boqds are payable soieiy from and secured by a first I~en upon and pledge of the net revenues and certain other fees and charges derived from the operat:on of the County's water and sewer system. The pledge of the net revenues derived by the County from the operation of the water and sewer system does not constitute a lien upon the water and sewer system or any other property of the County. The covenants of the resolutions authorizing the County Water and Sewer District Revenue Refunding Bonds. Series 1991. 1992 and 1994 include, among other things, an obligabon for the County to fix. establish and maintain such rates and collect such fees, rentats or other charges for the services and facilities of the water and sewer system, and to revise the same from time to time whenever necessary, so as to always provide in each year net revenues, as defined in the resolut,ons authorizing the revenue bonds, which together with the system development fees and special assessment proceeds received in each fiscal year shall be adequate to pay at least 125% of the annual debt service requirements for the Water and Sewer Revenue Refunding Bonds; provided, however, that net revenues in each fiscal year shall be adequate to pay at least 100% of the annual debt service for the bonds. The Goodland Water District Water Revenue Bonds require the County to maintain such rates and fees (inclUding special assessment proceeds) to provide revenue sufficient to pay necessary expenses of opera:.r.g and maintaining the systems and to meet at least 100% of the annual debt service for the bonds. The bond resolution of the S15.960.000 Collier Count';, Water and Sewer Distr:ct Sewer Assessment Bonds. Series 1990. provides for the establishment and maintenance of a reserve account in an amount equal to the reserve account requirement, which shall be maintained for the benefit of the holders of the bonds. The reserve account requiremen', is defined as ar, amD,,;': ecual to the lesser O? (,) the maximum annual debt ser¢ice for all outs',and,ng b~-"Cs; (ii) 125% of the a'.,.e'a~ ;snr'~LJ&! debt service for all outstandir, g bonds, or (iii) 10% of the aggregate proceeds of the t;or~ds In the opinion of managerr:e",:, the v,,ator ar~c: sewer f:¢-,cs were ~n comphance with these co~enants for the year ended September 30. I ~93 COLLIER COUNTY. FLORIDA NO lES lO THE GENERAL PURPOSE !: :NANCIAL STATEMEN'FS SEPTEMBER 30, 1998 NOTE 6- LONG-TERM DEBT - CONTINUED L. EASE OBLIGATIONS Capitalized leases payable at Septembe~ 30, !996 amounted to 51,366,240 6A Tilese aa :_.'abo,"~s. wh:ch ar~; ~.2.-'. 514 to collateralized by equipment amd vehic.es, have annue. I ;nstal]ments rangmg from" ': $517,68~ including interest rangmg from 0% to 6,0:~ amd malure through 2002 Future minffnum ce.~tai legseo,.,~g¢.o.'-' '-' "'-,. as of September 30, ~-.95.8 ',','ere as ,~:~o,,. lmtorr, c:l General £ erv~ce Long-Term Debt =uqds 199-3 S 484,298 ~Ouu 356.797 2001 356.797 2002 246.514 TotaJ mm~mum lease payments 1.444,400 Less amount representmg interest (132,870) 33388 24.10.: Tc'5 S 5;7.65r; 355 ~;.7 2:5 £: .-: 1.501 .~&.8 (2.788: (135,658) Present value of minimum lease PaTments $ ~.311,536 S 5x.704 $ 1,366.240 The County has entered ~r;to numerous operating leases. Retrial expe'~ditures for leased facilities ar,d equipment for the fiscal year ended Sas:ember 30, 1998 were as follows: Board of County Cor"~,~issior, ers $ 637,907 Tax Cotloctcr 52.278 Total S 690,185 Commitments for future mmJmum ope-atmg lease payments, corttmgent rentals ant subleases are nol significant. 2 i . NO1 ES TO THE GENER'~.L PURPOSE FINANCIAL STATEMENTS NOTE 7- REVENUE BONDS ADMINISTERED BY THE STATE OF FLORIDA Section 206.41, F~orida Statutes. ,m,')oses an e×c~se tax on motor rue sold in Fiorida Th,.$ tax :fl k;~o,','~', the Constitutional Gas Tax (also known as the a ~ ~, ~ Depa~ment of Revel, ua and transmitted to the Sta~e Board of Acmm~stratior~. The State Administration makes payments necessary to reduce the bonded indebtedness issued pursdac~ ~o thc provisions of tl~e State Conshtution for road and bridoe purposes. Excess taxes are Iransn,~t,e,. Department of Tr~nsDortat~om. v,hich c3~ ~,~.u, ..... ,o ft;nds fo' '.'¢c', defoe ~n Co!h~r ~ransmit funds to the Oounty (tsolf ~o fund high'.vay cap~ta~ ~mprovemeF:s ' In accerdance with tr.e abo',e, the State Board of Admimstratlon acm,rusters Co'.h(;r Co.;',;., Rcec: Bo';.'.', Certificates of indebtedness dated 1979, of w?:ich $5,950,000 is outstanding as of Septem:.,er 30 19'.)2, This issue is not recorded in the ceneral Io¢,¢-'.erm debt account gro'¢;, because the princ~pa; ar;d mtere:d ara required to be pa:d sole!y fromm the gross revec, ue of the Secor'd Gas Tax adrmmstered by t,'~: St;'.'.,.; Board of Administrat,,om These bonds are no: an ir;debtodnoss of Cot: er Cou.qt7 NOTE 8 - CONDUIT DEBT OBLIGATION ,S. ~17,335,000 Pine Rid';e Ind.¢$tr:al Perk and N,e: e~..Prcduct'cq Park S=e: al ,t-,s.':essment Bonds Seqe':. ";'0'! During September 19-?g'3. the County ~ssued. cq beha:f of the pro~ert7 ov/ners ,,,athin the Naples Product~or; Park and Pine Ridce Industrial Park Distncts, 517,335.000 of special assessment bonds. The bond proceeds from the i~sue were used to repay amounts previously borrowed under the County's Jme of cred,t arrangement. Special assessments are pledc~ed by property owners within the D~stricts, The County is not obligated to repay the special assessment debt if sufficient assessment funds are not available The County functions as agent for the property o'.',r',ers m collecting the assessments, forwarding the col!ocbnns to bondholders, and initiating foreclosure proceedings, if appropriate The special assessments received and the related debt service payments are accounted for in an a;ency fund on behalf of the property owners. As of September 30, 1998 these bonds ha'/e an outstandhLc ;:)rincipal amount of S12,800.000. Component Unit Conduit Debt The Industrial De,/eiopment Authorit/, Housing F;nance Author:t)' and Health Facit~ties Authority'. all component units of Collier County. issue debt instruments for the p.¢,pose of providing capital financing to independent third part,es Industrial de,/elopmer~t ro,/enuo bonds rave been ~ssued to pro.z~de fma,~mal assistance to public enfit~es for lbo acquisii,on and co?,strucbOn C~ industrial and commercial fac;hhes Housing revenue bc:',r¢s h?,','e boon issued for t,qe purpose of fina"~,mg the development of residential rental communities The health facJfiy revenue bonds we-o issued to provide financing for th~; construction of a i",ea.th park facd~ty. These bo;}rJs were secured by t'~e financed property, a letter of credit or a corporate guara-.teo T;',e primary rever ;os pledged to pay the debt a'e those revenues derived from the project or fac~l.:,es constructed Neither the ,ssuer, nor the Cour. ty ~s obhgated m any mariner .' r~ ;ab,l~t~es in the accompany,'~9 repayment of the bo'~.'.'s. Therefore. the bopcs are no[ repo,,e., as statement, s As cf September 30. 1993 the ou,.~.,.n.,mg prmc:;)al a"qounl payable on all componu';t conduit deb! was $",2'.63~.497 and ~s made u2 of the following 59.281.497 37.195.000 25.155.000 121,031.49';' COLLIER COUNTY, FLORIDA NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30. 1998 NOTE 9- DEFEASED DEBT The County has defeased certain outstanding bond issues by placing the proceeds of new bonds irrevocable trusts to provide for all future debt serwce payments on the defeased cebt, Accordmgiy. the trust accounts and the defeasod bonds are not included in the County's financial statements. At Septombe~ 30, 1998 the following ~ssues were considered defeased: Genera! Lonc,-Term Debt 1986 Capital ~mprovement Program Revenue Bonds, Sub-Series 5 Mode A Total Defeased General Long-Term Debt De,'eased Original Bonds Debt Outstanding $ 12.245,000 $ 9,695,000 S 12.245.000 $ 9,695.000 Enterprise Fund Debt 1983 County Water and Sewer Distr:ct Refunding Bonds 1991 County Water and Sewer Revenue Bonds (partially defeased $25,930,000) Total Defeased Enterprise Fund Debt Del'eased Ong~nal Bonds Debt Outstanding 5 22.000.000 S 16,340,000 55,225,000 25,930,000 S 77.225,000 S 42,270,000 39 2 I I I I I I I I I I I I I I I I I I COLLIER COUNTY, FLORIDA NOTES TO TF.E GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 10 - BUDGET TO ACTUAL Accounting princ,pies used to prepare the budoet are different from those useC t(~ crepare the ~0~10,~. ~,, , statements in conform,tv w~th cermra~iy accepted accounting pnnciples (GA~.P) ]he '" , ttc:' ,: r~onc::es the amouq~s on tho Cc, inbreed Statement of Revecues. Expe~d~t~'es atd C~'.c?~os Balances - Budget to Actual (,,..mct~ is presented on a nomG~P budgetary b~s~s~ to '.ne ~mounts on '",~ Combined Statement of Rova:~es. Expenditures and Changes in Fund Balances (wh,ch ~5 p: ese~.o G~P basis) '2 Excess cf revenues and other ~ financinc_ sources over expenditures and other financing (budgetary basis) Basis difference: Deferred revenue Excess of revenues and other financing sources over ~:,~<~'~' expenditures and other financing uses (GAAP basis budgeted funds) I [ ,.,.,. ~.'EnMy difference: '.- Non-budgeted funds' Euchd and Lakeland Assessment Law L~brary Inmate Welfare Impac: Fees Escrow ' ' Excess of revenues and cther financing sources over exDenCitures and other uses ('G ~P basis) Speciat Deb! ,.,am,, Revenue Service Projects S 3.65,4,08~ S 280,065 S ;8.483..,:09 (715.065, (5.672--83 2 c~,~r~ r~ 280.065 12,810 926 2.650 S 2,939 02~ S 282,715 $ ~2 810.926 Trust S 642.054 446 173,881 ~g.652 S ~57,033 4O COLLIER COtJNTY. FLORIDA NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, NOTE 11 - CONTRIBUTED CAPITAL ~;;". The following is a summar¢ c' chris, cos 2 Co :":': ~,'v'8.".er ,~.;8rc. o W-3ter E"qerge"c'! ar, d and Gocdland So, ,. E e.',e- Sewer ',','~.ter D sD¢.~.'- ~on$ Oeprec~tion ~ ~"-="' :":'~ S 3.3,':,5,745 S 793.00.: S "£5.2£-! ~ 822,J,~5 S 647; 461,619 8.%5,043 It.635,587 3,404 ¢:.621.263) (82.6~z) (19.825) (4,'62) (299,525) (5,173.121) 166.579) (2.14'7) (168.726) (145.702) 30.1998 S 2z3,204.934 S 3,223.102 S 773.179 S 48z I~2 S 674,~36 S 6.634.240 S 254,994.103 /: ' October I, 1997 Off ce of Self P;ojec:s Do2~:':~ .:.. ~: Fee: 2%'5.829 · .--' Oepre¢iabon SeptemOer 30, ;9~ 41 CC)LLiER COtJNl'Y. FLORIDA I',IOTES TO 1'HE GENERAL PURPOSE FINANCIAL STATEMENTS SEP1 EMBER 30. 19.~,~ NOTE 12 - DEFERRED COMFENSATION PLAN Under separate agrecn:,: ,~ v,'~,n t,,e r.,a.,u,~¢, ,~ssoc~_.Jo,, o, C~.,..~,,;, C .,..c s a .... Manaaers Association t-o' Ccunl¥ offers ~ts employees a choce of t~o ce'erred com~oqsalcr .meat~ in acccrcance '.,,m I,~:err;al Reveaue Code Sec?on 457. The p:a~s, a.'mlab;e to a.l Count/ emolovees permit them to Caret a portion of the r salary u~tit future yea-s The Ce~erred compe~sat~,~n · .not ava~lab~eto employees or ,, .e,r es,~te u, ,,,~ te mJnabon, rubrement, dea.~ o, .rffcresee~ble Effective January i ~9C.- Federal ~eDs'~:~cq c~.-,erteC the Sect~o~ 457 ce'errea ccmr:e,~sr:"of County assets ~o empio'., ee assets. As a result ct th~s leg,s~at'on, p~an esse:s ere no Ioncer :;-. 'aaims of the Coumy's cre;,:ors I I I The County has prev:ou.~ y re2orted tile asse:s and habVmes of the deferrec compensa: cn ~ County's financial statements as an agency fucc Effecbve with the cha'~ge m Federal teg,s,at,cn responVmlity for pian assets has been trans;e::e~ ~o the third part,/plan adrr mstrators Accord assets are no longer retorted m tile accompany, ng financial statements, in c~mp,,ance ,,..~th Oo?ernmerqal Accounting S~atement l',!c 32. "Accountmg anc F~nancial Reporting for Interna Re,.,e~ae Code Sect,u;~ Deferred Compens~[:or. F ans" NOTE 13 - PENSION PLAN OBLIGATIONS Retiremept Plan The County follows the p'c,,,:sions of GASB 27. "Accoun?g for Pens:ohs by .Stere e-t,d Locat Governmemel Employers'. as descn~ec ,n me follo.','in~ d~sc!cs~re Plan Description I I The County cont-ibutes ~o the Ftonda Ret remer~t System {:he System). a cos: Sha:.,~6. multi;Die defined benefit pe~s;o,'q :. an administered by t~e State of Florida. Di',qs;o~ o' Rebreme~t The System provides retirement and c.sabi!!ty benefits, anqual cost-of-hying adjustments ar;d death benef,:s members and be~efic:ar.es. The Florida LeDs',ature established the System u~de' Cbt;pier 12;, Florida Statutes, and I~as sole 8..,:r'~or,:y to smend ber, eflts provisions Each year the S:,,stem ~ssues a available financia~ report that includes financial statements and required supplementary informabon. The report may be obtainec Dy writing to the Fiorida Department of Management Services, Drwsion of Retirement. 2639 North i'.'.:nroe Street, Budding C. Tallahassee, Florida 32399-1560 Fundin,q Poticv The System ts non-corn' :;u:ory for em, pie/cos gnd the County ~s rr;Gd're':,, determined rate During :.~e f;scal year. the ra',e ,,',as approximately 19 .- of r.:'-,nua; covered payrolJ The contribubons cf [ne Cod'::. are es~abiished ar:r, may be af,'nen(:ed by the S;a:,~ Leg~sia~ure Tnu Cuuni).'s contribubons to ',he S/s:em for the years end.':,.':. Sept(;r':)er 3t'L t958 '.0~7 $14.782,986 arid 513.175.004. respr;ctwe!y 2 .;2 COLLIER COUNTY, FLORIDA HOTES TO THE GENERAL PURPOSE FINANCIAL STATENIENTS SEPTEMBER 30. 1998 '6/! ~ ; NOTE1 - SEGMENT INFORMATION . ENTERPRISE FUNDS ~,,~;: ;,The County mam:ains six e.nterprme funds ',:hlch F, rowde water, s¢'.'¢er, sohd was[o (JlSpOS,~L ( ;%t"{;(:i~,,~': i.'fV¢(,, , ".': and aiwa se~;~ces. Segment m~ormatton for the ',ear ended Seutember 30 I~a8 fol:ows: .~:~ County Water Marco Water Goodland and Sewer and Sewer Water -~ Operating revenue Operating exper, ses: ~'::' i Depreciation arc amort, izat~on Operating expenses "Operating income (Goss) Net non-eperatinc revenues (expenses) 'Income (loss) before operating transfers Operating transfers in .~ Operating transfers out Net income (loss) Current capital c;ctn~utJons net ~;(/.;:!t.:,` Property. plant a~d equicment: Additions Deletions Net working S 39,305,310 S 647,867 9.631 274 117,716 57.015 18 059 275 564 319 264.257 11.614761 fi.047.289) 10.567.472 71.235 (61,914) S 10.576,793 S S 15.703.149 S 33 ~51,544 S S I1.932.366) $ (34.168) 5.044 8.043 25.457 (26.125) 30.501 (26.125) S 30.501 S ....... f82.644) S (19.825~ S £0,575.222 S 279,487 365,307 (356.877) 485.390 '~Total assets S S ~,,3,624,773 S 1,318,721 To~lfund equit7 S 106.909.836 S 337592.243 3,808 S 117.000 $ 3.505035 $ 1,193.43!) 2 !! ! -I Emergency Soho Waste Medical Airport D~sr,,osal Services Authority $ 13.572.587 S 4.212.992 957,163 $ 58.952.235 2-5,933 218.088 398,921 ~C -99.003 747 9.168.436 1230.912 4' ;58 948 I 344.851 (5,173,532) (672.670) 7 ~04,285 1.&34,647 28.423 (118.906) 530.375 2.999.498 (5,145.109~ f791,576) 7.fi34.661 4.184,500 4,255,735 ~19.953) (2.000~ f183.867) S 2.~79.545 S (962.6091 S (791,576) S 11.706.529 f4.162) S (147.849),S 162,094 $ 15 310.763 $ 221 254 $ 24.889 $ 1,444.246 $ 35 ~07.240 S 20 ( :3.99r,' S f162.604) S (748,725) S f-: :57,56~1 416.768 S f1.~25,231) $ 16,3~J5.635 $ 2;~50845 $ 1.674 848 S 11.552621 S 5C5C'9R.56~ 1.472.888 S 354.755 S 5,492.9.14 $ 1~z%5; 23~ S 26.5752.~.5 5 1 055.151 $ ~.32.¢,, .11R $ 375 370 2 Special Revenue Funds: Road D~stnc:s Water Manageme,"t and F.: '.,rich Control Unincorporated Areas Grants and Shared Re;'e".:e'~ Improvement Distr, cts Shedffs Grants Fire Control D~str;cts Miscellaneous Fior~d,m S'a:..'es Fee Coqechons Museum L ghting D~stncts TOudst Deve!op_,meqt Debt Service Funds: Parks General Ob ~gat:on Refund:ng Bonds Marco Island Urn,ted Ge,-e-a~ Obi:gat:on Bet, ds Road and Other Im2ro','e'rer'4s SPecial Obhgat~on Re';e~ue Bonds Sones 1997 Isle of Capr; Renovat'ons ~md Expans:on S:ormwater improve..'r'er: Assessment Bonds Capital Projects Funds: County-Wide Ca~,tal Impro',ements Parks Improvements County-Wide Libra,,'/ Parks Impact D~smcts Road Construction Water Management Other Capital Projects Enterprise Funds: County Water and Se',','e' Solid Waste D~sposal Emergency Med;cal Internal Service Funds: I .'ormat;on Technology Office of Capital Projects Depanment of Revecue Trust and Agency Funds: Cru'm n,'il Jusbco State Court, Ad:r,ms'.::~t,,:' Co~f, sc;]ted Pro;' ,~"/ Ut ~,t)' Fee Total 293.6' 3 443.320 475.5°4 3.:4.,4~: 0 8,074 6834F 8.327.1 245,238 .4 f .4 133.50,: 329.263 3,738.5f)+:. g.378.8,~: 12.985.f)4 ,* 1,732.8~ 3."37 7.; ? 4.2f)f) 73.5:3 1.52t,300 309,200 6.233.660 71.235 ~5.6'~) 3.003 ?,. ~: 4,200 297,358 332,200 1,239,200 23,465 1.896.423 61.914 119.953 2.000 183.8di 431.70;) 28 gOO 2 7 5.500 245 12.500 533,23g S 37.997,684 45 COI.!.!ER COUNTY, FLORIDA IiOTES T2. THE GEH,~RAL PURPOSE FINA,"ICIAL o. *',-~ .,'-', ,' .., SEPTEMBER 30. 1998 NOTE 16. FUND EQUITY They have been ~,ur'.c.~'~" b'.,' ~" ':8', deposits from ........... tho bond p~o,zeeds principal and enterest on long-term debt ...... Enterpnse funds - Reserved for rene','¢~.fl arid repf~cement Ba'ances a,~b r,~s~-',e:', r-. o. ,,. ,c c v. issuance of Cou~t'./vmtor a;~c se'.',or and Marco v,'a'.er a,~d s~','.e, revo,'u~ t: ~'~.: ~:s..,:.s T:.,¢, ~',~ ',.,' ' · :~. .! transfers from the operating ~ccounts of the ¢qp;)roprtate funds The u,~,. replacement fund is restricted :o funding the cos: of extensions, enlargeme"ts Or ma~or repair of capital assets Enterprise funds - Unreserved Bo!andeS 8re not reserved for s::ec:f;6 p Internal sewice fd~ds - U;rese','ed: Balances are not reserved for speg;f;c p.;':: Fund Balances Res~:rved Reserved for advance to ct*er f~r~d: Balance represems tong-term ad:anco "'a~e does not consbtute exuendob'e and available financial resources Rese~¢ed for long-term notes recewable: Balances represent long-term loads not constitute expendable and ava,',able flnanc,al resources. Reserved for er, cdm~rar~ces. ~¢:a~ces are segregated for o~2o2dlture u~o~ Rescued for inventoW' E8 a~ces represent ~tems which a'e not cc%s ce'ed resources. Reser/ed for preoa{d cos~s E3 a~ces reprose'.;t ~r~s~r3qco. travo~ ~nd o',~,(? Reserved for debt serwce: Balances represent mon~es legR',Jy restricted interest on long-term debt Reset. ed for trust fund 2t:r;)o~es' Balances [~re reserved [~s ~og;~:~7 r;';Pr'C~'.~ Cr a der, er Count7 Commissioners to be %ndod by the Cour:t~ ~n the f,;ture debt. Desig%8:e4 for future C;3DI~L; D'OjOC~%. B~r~EOS 3.',: <:C* f;'~;~tOd for fL;t~,r,; Undes gn2tod: BatL~nces [~'o 'ct designated fur ~:,ec fc 2 ,:6 COLLIER COUI'ITY. FLORIDA NOTES TO THE GENERAL PURPOSE FINANCIAL STAIEMENTF'- SEPTEMBER 30. 1998 NOTE 17 - RISK MANAGEMENT COUNTY'S ~ELF.INSUR~.NCE The County ~s exposed to v~rious risks of loss related to teA. theft nf. damage to and destrucbon of assets. errors and em,ssions; injLJnOS to employees and pafural disasters A solf-~nsurance m',ernal serwce fund maintained b.' the County to administer ;nsurar~ce act,,,,itles tatar,rog to wofker.s' cor'.~epsat:on, property anc 'casualty. wP,,ch covers ge?,eral, properly, auto. F. dbi~c offlclaJ arid cr~me hgb,l~t~es U,~dur programs, the self-insurance fund provides coverage up to a maximum amoL. r~t for eac'~ claim purchases commeroal ,nsurance for c'aims in excess of coverage provided by the se',f-,;surar~ce fu,v.! add for all other cove'ed risks of loss. Cla;m Ty~e Property damage claims Auto liabd,ty claims Employee rea?J: c'a Workers' compensatJon c:a:ms County's Coverage $I 00,000 each SI00.000 each $ ~ 25.000 each $1§0,000 each E~cess C~rr m.r's Coverage $ ~ 00,OOO - S5,000700 S ~ 09.00o - S 1 ooo,eoo $'2,5 0O0 - S~ 00,).0 S' 5o.000 - $5,0oo.ooo The aggrega:e loss exposure on workers' compensabon and property and casualty c:a,ms is S1,360,000. Settled claims have not exceeded the insurance provided by third party carners m any of ti~e past four years. All divisions of the County, excluding the Sheriff, parbcipate in this program. Charges to operating depadments are based upon amounts believed by management to meet the required annual payouls during the fiscal year and to pay for the estimated operating costs of the programs For the fiscal year ended September 30, 1998 the operating departments were cha'ged approximate!y $7.583.000 for workers' compensation, health and property and casualty self-insurance programs, The claims loss reserve for workers' compensabon, health and property and casualty of $6,009,132 reported at September 30, 1998 was calculated by third party actuaries based upon GAS.B Statement 30, "Risk Financing Omnibus". which recuires that a habd~ty for claims be reported wher~ it is probable that a lOSS has been incurred and tho amouqt of that loss can be reasonably esbmated The estimated liabdibes for unpaid losses re!ated lo workers' compensation and property and casualty were d~scounted at 4.5%, SHERIFF'S SELF-INSURANCE The Sheriff gar;lc,pales :n tho Stato-.',~de Flor,da Shcr,fFs Se f-l'~s;Jra ';co Fund for Jr% profess~cr]al hab~ht/ insurance, The fund is managed by representatwes of the participating Sheriff offices and provides professional habdity insurance to part,opabng Sheriff a.genc:es. The Florida Sherdt's Self-Insurance Fund provides liabihty insurance coverage subtect to the foilowmg hm~tatlons, $2,100,000 for any claim mvctvmg a single ind;viddal, S2.200,000 for any inodenJ which mvoives mult¢le clmms and aggregate. S2,300,000 ultimate net loss per Sheriff dunng any policy period Effective January 1, 1994. the Sheriff elected to parbcipate in the Florida Sheriff's Self-lnsuran~,: program for ',.,orkers' compensation coverage. The Florida Sheriffs Association Workers' Compensation Insurance Trust (FSAWIT) ~s a limited self-insurance fund providing coverage for the first $250,000 of every cia:re. Re-insurance ~s provided through a third party insurer for all claims exceed,]g $250.U00 up S2,000,000. Prior to th~s date ~he Sheriff ,,':as a parbclpant in the county-w~de self-insurance internal service fund mainta:ned by the Cother County Board of County Commissioners to administer these ~nsurance activities. 47 I I I ! I I I I I ! I I ! I I I I I ............................... ~ .............. ! III II I ..... I COLLIER COLIN'TY, FLOI~IDA N~'TES TO THE GENERAL PURPOSE FINAN2b~L STATEMEN i') NOT~ ~ - ~K ~NAG~M~NT - CONTiNUeD SHERIFF'S ~EL=-IN~URANCE ' CONTINUED 6A2 Premiums charged to a.~.rt:c~pa~mg Sheriffs are based upon amounLs be e .'e.(: b'~. ;,~:q mL~rage:",e':~ ',~ r,,,;, · the required annual D~OLJtS during the fiscal year and to pa7 for ire emro ,-.',ed program. For :~e hsc,¥, )ear ended September 30. 1998 the Sheriff ',',~s chart:ed a;mrox;mate') :~]2 for the workers' com2e~sa',:on self-insurance ~rogram Co',emge ,s ~rc .',ced c" ~r~ occurrence Aisc effective JaNus.%' 1. 199-: tho Sheriff est&bllsl'~ed .-t se:f-furrier, employee t~r;,'t~,q ;;la,', ;.:~ service fund was esta~,~shed lo account for the acti¥1bes oJ thc plan E, :.ess c¢¥erage has bee:', purch,:s~;d which prowdes spec~f,c claim coverage for any one incdent exaeeC ".g S125,000 up to $1,000,000 and aggregate Jlm4s co,,e'age of St.000,000 for total claims prod by the S*enfl wh;ch excee.':s $3,603.281 any coverage yea~ Pa/ments to the Internal Service fund are base: on acL;ang]l est,mates cf needed to pay pr~or .~ear and current year claims Changes in the sdf-m$.;r~:r:ce dam~s payable for fiscal yenrs 1997 and Sheqff se~f-Jnsur&",ce programS: Balance Octo,~er Current year Cairns recurred and changes in es;:mates Claim payments Balance Septembe' 30 1397 Current year ClaltY~s recurred changes in estimates Claim paymems Balance September 30. 1908 1,113,267 7,198.799 ! r.,O3,3 ~9 lu.275 3~5 (3G0,581) (,3,841,744) ~2 21,t 751! (!. ,~17J)TG~ 9.:0.975 9.037 .z 54 630.570 10.608 99') $ 1.947.007 S 2.326.513 S 2.858.612 $ /.132.122 NOTE 18 - LANDFILL LIABILITY On May 1. 1995 the Count/eqlered rotc an ag-cement w~t'~ a compaq: 'ur P'~o pr,vatlzabon of t;',e Cou,',tT's landfill operabo~s Ut, cot :.he contract, the company ~$ respocs 2 e for t"~ d;;~;y ope'a',,or~s, improvements, cJosdre pos:c;osure and financial ¢ssuraRco recu'~"-e~ts o' ff~u active ceils w~thm Naples and Immoka~eo landfJi s;tes. At th,s t~me Were ~s no tease'- 'ar mar'¢gement to bohevu that the contractor wdl not bo f,nonmalJy capable of' meeting the closure a~ pOS~ClOSdre respons~bdibes of the contract. Colher Coust/ ~s r,)s:)onsJble for the postclosurq Costs ro'g' · '~ Jo t,'.O cr~ils at ti~e Nnp?os site. and one call a~ 1~0 h~;mokafoo landfill s:to None of tho c,P!s th8~ '~o~her Cc,':f:t7 ~s respon',~h',) frjr accepted waste since December 1989. The County ~s ¢'so res2or, s,= e for st;?fmg m~d operating tho ~ouse 8t each In ac¢ord2nce vt? U S Er'.,:ronmenta,' Pro.coco,, Acr;r¢'~. ru:o "Sc 'c ',baste g.s~os2J ¢no and GASB S:2:or:'c."' '8. "Accountir. g for fddn~c~pot Sol,d Was'o L~' ~',il C~r.s',:,~ ~:;~: POS'C: '" Costs", a habdfly nas peen estabhshed represoqtmg amour, ts esbmat~': to bo 5Do"t orl ~ostc:o%:;rL' ,~; ,r,',: lo lhe three cells for whIGh Coqier Count'/Is responsible Tm~ Said V,'este D~spos;:l fund currently ,eS~ ,MO(, c~sh ~nd investmor~ts equal to tho postclosure !8'=~fll hnb,hty The County's cst~rt~n~od I~abihtv in 6oqr;uc:lo~ wa., 2~e landfills r; included m t,'e "',' r~c¢ ,g COLLIER COUNTY. FLORIDA NOTES TO [HE GENERAL PURPOSE FINANCIAL STATEMENTS -SEPTE.MBER 3;.), 1998 NOTE 19 - DEFICIT RETAINED EARNINGS "[he Airport Authority equity of $5.329.4 NOTE 20 - SIGNIFICANT CONTINGENCIES LITiIGATION The County is involved as cefendant or plaintiff in certain Iit~gat,on and c:a.ms ar;s~ng m tho ordma,,: co~;'se of operations. In the opimcr, of legal counsel, the range of potential recover es or hagihties will not materially affect the financial position of the County. STATE AND FEDERAL GR.:NTS Grant monies received and disbursed by the Coun:y are for specific purpcses and ore subject to review by the grantor agencies. Suc~ audits may result in requests for reimbursemen: duo to msallowed expenditures. Based upon prior expene".ce, the County does not believe that such d,sa 'OWanCeS. ~f any, would have a ma:erial effect on the fir',and al posttion Of the County NOTE 21 - SIGNIFICANT COMMITMENTS CONSTRUCTION COMM~T:,tENTS Expended as of Project September 30. Future Authorization 1998 Commitments Parks S 2,609,889 $ 1,7C9,73-~ S 900,155 Roads 22.701,161 20,004.835 2.696.326 Utilities 46,140,443 30.9--7,226 15,193.217 Landfill expansion and clos jre 1,149,322 767,660 381.662 Buildings 1,964,681 1,4&7,166 497,515 Airports 534,323 403.904 130.419 Beach restoration 5,054,925 3.9';7,849 1,147.076 Stormwater drainage 1,013,0-46 7~ 8,156 244,890 Total S 81,167,790 S 5,3,97,3,530 S 21.191,260 ROAD AND REGIONAL PAqK IMPACT FEE AGREEMEhJTS In the past, the County has acquired right-of-ways and recewed beach park,rg and road construction serwces from vanous developers ir', exchange for impact fee credits. Amounts graf, ted for impact fee credit;, we, e based on the market varue a; the tm'~e lhe property, improvement or services were received. The dave!opera, the!r successors or assignees may ublize the road ~mpact fee credits for future development activibes. limits are set for use of the credffs. As the credits are consumed, impact fee revenue is reco~qiz':.:t. Al September 30. 1998 the Co Jnty had outstand~nc rational pork ~mpact fee g~d rood impact fee 8grr emen;s w~tn developers of S73.283 ~qd S2,949,732. respecb 49 I I I COLLIER COUNTY. FLORIDA NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30 '~998 NOTE 22 - SUBSEQUENT EVENTS WATER AND SEWER P,,EFUI',~DING REVENUE BOHO$ ISSL'.ED On January 21. 1999 Co;her Count'/ issued tile S6.605.(:C0 Colher Count~' \',;ate;' and Sewer Revenue Refunding Bonds. Serle~ 1999A The proceeds v, ~e used to part,ally ~c'unC the C~lh~:r Co,,mt. Water and Sewer District Rever~ue Bonds, Series 1992. v/h'¢~ had an outstand~r~g principal balance as of September 30. 1998 of $9.245.000. As a result of the refu,"Cing the Cour~ty reduced its total debt serwce requirements by $466.589. which resulted ~n an econormc c.~,n (,the excess of the present value of the debt service payments over that of tho new debt service'~ o[' $355.076 In April 1999 Collier anticipates ~ssuing the S22.855.000 Collier County Water a.",d Sewer D~strict Revenue Refunding Berets Series 1999B. The proceeds will be used to refund the Co .er County Water and Sewer D~str~ct Rove:'~ue Bonds, Sar,es 1991. which had an outstanding balance as of September 30. 1998 of $23.~,:0.000. The Series 1999A bonds were issued on a ~ar~ty with the Collier County Water and Sewer D~strlct's outstanCm9 bonds. The Series 1999B bonds w~ll also be issued on a ;~;~ty with the Colher Count'/ Water and Se,va' District's o,~',standmg bonds. The pr~c, cipal and interest of these bonds shall be sec,.red ecua~ly and with prior Dstrict heeds by a pledge cf net revenues derived f'cm ope,at;on of the D,~.tr~ct's v, ater ~md system. 2 I 5O ....... !~ ........................................... I .... I ....... I ~ -III THIS PAGE INTENTIONALLY LEFT BLANK RI-;QL'II~ED SUPIq. E.XlI.~NT.AR'~' INFOR.~I..XTI().N COLLIER COUNTY. FLORIDA REOUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30. 1998 2 Impact of Year 2000 The problem of Year 2000 revolves around the predomina'~t use of tv.,o d,rj': d.nt~} field..; fo' .~,;~;::.~; s;:..~r:c purposes, instead of four d~glt date fields, ~n older computer systems. If left u~a~:enOe.d, th~s date f,e~d problem could cause failures in time sans;tire sol'tware, resulting in tt~e tempera? mabihty to eof. l~,ge m normal business ac',~wties. Collier Cou,"'ty has completed an assessment of its exposure to the Year 2000 issue, and is now in the process of modi~ng, replacing and testing its computer systems ,n o,der to ~ns::ro that its systems wdJ function properly with respect to dates in the Year 2000. As of September 30. 1998 the County has spent $250,294, and has encumbered to spend a further S690,0¢0 witr~ hardwa,e and s~ftware vendors for the remaining s'/s',em modifications. The County's Year 2000 remed,at,o~ work for Its mission-chi cai s~,s:ems a~d e~ec:-c-.c equipment are ,~ tho following sta~es of work. C means complete, P means in prccess a~d A mea.",s s~,'l "eeds to be addressed Budgel System C Cnrr~nat Justice It',format.on S,~stem C C C -' ~ .... ~ Emergency ~Cl I C ; C C ........ i ...... C' ' '~ EMS B~llinc System Facilities Manac;emen: C Fire and Rescue C Fi~ed Asset System C Financial Acccuntmc System C F'leet Manac~ement Information Te,',.hnology, Property Appraiser ShenfCs Finance Special Assessments C , ~ C P ' A ~ C P A .......... _c_ ................ ~ ......, . . ~. ..! C p C C C C Tax Cotlectcr C C .Traffic Si'~nahzat~on C C Util,ty Billing System C C ......... '. __". ............. P A ~ The proiect is est,mated to be completed no later than September 30. lgg9. t?,ana.cement behaves that as a result of the plan currently being implemented, the Year 2000 issue w~li not mate-ia!ly affect operations. However. if such conversions and modifications are no~ comgleted m a t~mely fas,", em ~.he Year 2000 issue could have a material impact on the operation of Collier Cour, t/. 51 16A GENERAL FUND GENERAL FU ND THE PRIMARY PLJRPCSE OF THE GENERAL FUND IS TO ACCOUHT -"OR ALL OF 1 Ir-E: COL,' .-r OPERATING REVENUE AND OTHER FINANCIAL RESOURCES AND T;EIR USES It,l COt"IDUCTti','G THE GENERAL OPERATIONS OF THE COUNTY. EXCEPT FOR THC'SE RESOURCES REQUIRED TO BE ACCOUNTED FOR IN ANOTHER FUND, THE GENERAL FUND HAS A GREATER NUMBER AND VARIE'I~' OF REVENUE SOURCES ANY OTHER FUND, AriD TS RESOURCES FiNAI'`ICE A WIDER RANGE OF ACTIVITIES, TIlE RESOURCES OF THE GENERAL FUND ARE NORMALLY EXPENDED AND REPLEr`IISHED O,"1 ANNUAL BASIS, COLLIER COUNTY. FLORIDA STATEMENT OF REVENUES. EXPENDITURES AND CHANGES ~,% [RIDGE! AN[) ACTUAL GENERAL FUND F{')I~ THE FISCAl. YEA~ EN[)ED ,5Ef'TEMrlER 30 Uc, enses and ~erm,ts Ifllergovemmentat Charges for ~ices F~S and fodeitures In~est Tota~ revenues General government Le~islahve Uo:~d of Cour, I/ (;omfh~,,,:.nefs C~ty adm~ms~rator a~m~r,~str~tive Fman~al a~ administrative Budget a~d management Admm~sirahve seduces Human rescurces Cle~ to Ihe ~ard P~ appraiser Tax ~llector L~al ~un~ altomey C~prehenstve planning Natural resources Judi~al CirCumt cou~ COUnty CCufl cost S~te aRomey Pubhc defende, CIeA to the O~e~ general governmeql Other general Facihties 71.992.500 $ 115.!00 102,~40 11,105,376 11.055.3 ~ I 3.068.500 3897 1.410.0~ 2 266.94 ~ 4 13L927 259 665 1 '6 ,I3d 4~."~ 455.721 528.600 489 175 39425 ,tSG.5~5 3~;6, I~S ~Z0.355 735.4~0 700.525 34,865 552303 512.550 1.848.330 1.726,383 121,947 2.947.728 3,070.215 (122,487) 5,204.408 5 207.574 (3,166) 1.367.541 1218.773 ~48,768 609.1~ 5~4,788 ~,312 375.200 346.99! 2~209 1200,700 1,140, 724 52.9't6 51.850 25,.17~ 22.671 25~.706 2~3.243 244.300 223,4'46 7.3~1 504 5 448 61~ 1 051 19.I ~ :0 1~ To~al ~eqe,al 30.896.671 2', 859 155 ;' ' 7 4 52 2 I I i I I I I I I I I I I I I I I I I COLLIER CO:JH~Y. FLORIDA STATE.MINT O; ~';.F. VENUE,~,. EXPENDITURES AND CHANGES IN FUND B.~.LAr,[C E BUDGET AND ACTUAL GENERAL FUND [CONTINUED} FC:~, TrtE ~ISCAL YEAR ENOED SEPTEMBER 30 I[,3~ 2 Pu~t,c safety Law entc~cement Sl~enff $ 39.~2t2~0 Det~n~on and, or ~rrect:~n E~er~e~ a~ d sa~ler rescue se~ce~ ~m~lan~ and rescue He~i~ter Lf~i~l examiner M~I examiner sem, ce~ 523.000 Total public safety Ptt~s;cal environment Conservat;on and resource maria Agriculture admin.s~rat~cn Acuatic plant control C,,,'-*ler Fhysic3t enwronmen! Immoka!ee ceme*,e,"f Total Dr~ySiC~I env~rcnmer'4 E~onc.mlc enwronment ve:erans sera,cas Housing and urban ~mpro ;amen! Total economic enu~rcnment H UIT'.iI'I ser',~tce$ Health Care Respcnsib~.:/Act l-ealth Animal cc.r,~r c,l Hea;*,h departme,;t .Mental health Mental health V,'elt'are C~ent assistance C.,mer human se~'v~ces 55 223 -'20 53 778 285 Eg7,355 I5 800 10 1.802485 1 678 297 124,1E~ 167.400 161 429 E 971 589 500 4~2 4C9 ~2~ 09' 756900 623.83~ 133 092 59.687 270?5 326%2 626 306 ~Z3 772 2 810 405 7~G.:~ 16C 4~C !~% ~18 4 53 COLLIER COUNTY, FLORIDA STATEMErIT OF REVENUES EXPENDITURES AND Ct~ANGE5 iN FUND BALAHCE BUDGET AND ACTUAL GENERA[. FUND {L;ONTiNUED'~ c.*-,:.~ TP, E FISCAL YEAR ENDED SEplmEMREP ~: 1995 L~brar es Ou['ea~ se~ ~ces Parks and fecreat~c~ act,v,t'e5 AQua:~C fac:i,:,es Museum Tcta; c~.::.;re an~ recreation S 2.95.:'03' S 273.5247 S ...,~"; ~,,~4 202 0C~. 172 284 23 716 f33.19; 5 091.323 -'~ 874 735 342 705 346 717.922 590.~26 ~7 7~ 10 14.~.49." 9296227 ~53 £;:5 103,736.3Cf 9'8 415 243 5 321,062 9523 ~' Totat expenct~tures Excess of revenues c,er ex=e~d,t~.res ..Omer ~mancing sources (uses: Ch~raflng traf~s'ers m C~erabng ::ansfer$ Totai c:,het f, na,".c-"~ sc~'ce5 Excess of revenues and other financing sources over [unCer) ex;e*citures and OLher financing uses ~:~und balance at ~gmni~g of ~ .~Re~ ~uibt ~ansfer in Fund balance a'. end of ye3r 055.068 8520, 778 (534,290) 123 ¢~_'.? ~21 ....... ~ 2'3958 (3,545 26.~ 4.630.256 8 175,521 8.331.437 19,701.880 11.370,443 17,064 17.054 4 786.172 S 24.34,9 200 S :3 563 628 2 I I I I I SPECIAL REVENUE FUNDS 6A2 ROAD DISTRICTS - TO ACC.DdNT FOR TA.XES LEVIED AND EXPENDitUrES T,D CA%[,'.Y O', ~,*;OR¢, ON ROADS AND BRiDOES IN THE COUN%~ EXCEPT THAT FRO."EE[7 F,],~ I'; C/,;' ~.'.. FRO2~CTS FUNDS WATER MANAGEMENT AND POLLUTION CONTROL - TO ACCOUr.7 FOR. COUNt-WIDE TO PROVIDE WATER RESOURCE MANAGEMENT AND WATER CONTROL UNINCORPORATED AREAS - TO ACCOUNT FOR REVENUES DERWED F~Or.* ;,:~D FOR THE BENEFIT OF TH5 UNINCORPO~TED AREAS OF THE COU2.;T-' GRANTS AND SHARED REVENUES - TO ACCOUNT FOR THE R?.'ENL'~S FEOE?,'ED F= FEDE~L. STATE AND LOCAL G~NTS. IMPROVEMENT DISTRICTS - TO ACCOUNT FOR T~ES LEVIED WITHIN MUNICIPAL SER'. T~ING DISTRICTS TO PROVIDE FOR SPECIFIED IMPROVEMENTS AND OR THE MAIt~TENA; CF SL~CH IMPROVEr,lENTS SHERIFF'S GRANTS - TO ACCOUNT FOR THE REVENUES RECEIVED EY THE SHEriFF FEDE=~L. STATE AND LOCAL G~NTS FIRE CONTROL DISTRICTS - TO ACCOUNT FOR T~ES LEVIED WITHIN MUr;[CIPAL SEE, T~ING DISTRICTS FOR FIRE PREVENTION AND CONTROL. MISCELLANEOUS FLORIDA STATUTES FEE COLLECTIONS TO ACCOUr~T FOR COLLECTED FOR STATUTORY PURPOSES. MUSEUM - TO ACCOUNT FOR THE TOURIST DEVELOPMENT T~ES AND ADMISSION USED TO FUND THE OPE~TtON OF THE COLLIER COUN~ MUSEUM LIGHTING DISTRICTS - TO ACCOUNT FOR T~ES LEVIED WITHIN MUNICIPAL SERVICE DISTRICTS FOR STREET LIGHTING. 911 ENHANCEMENT FEE - TO ACCOUNT FOR FEES LEVIED ON EACH TELEPHOneR ACCEEE LINE IN THE COUN~ FOR THE ENHANCEMENT OF THE 911 E:.1ERGE/~CY TELEPH'~,r;E SYSTEM PUBLIC RECORDS MODERNIZATION - TO ACCOUr;T FOR THE STATUTORY SURCHARGE RECORDING DOCUMENTS TO BE PAID TO THE CLERK OF THE CIRCUIT COl JRT FOR MODERNI~TION OF THE CLERK'S OFFICIAL RECORDS MANAGEMENT SYSTEM TOURIST DEVELOPMENT -TO ACCOUNT FOR THE TOURIST DEVELOPMENT STATE HOUSING INCENTIVE PARTNERSHIP - TO ACCOUNT FOR STATE REVENUES RECEF,"EL TO PROVIDE AFFORDABLE RESIDENTIAL HOUSING FOR VERY LOW TO MODERATE INCOM~: PERSONS AND THOSE WHO HAVE SPECIAL HOUSI~G NEEDS 800 MHZ IRCP FUND ACCOUNT TO ACCCUNT FOR MOVIr1G TRAFFIC VIOLA~IOf, SURCHARGES RECEIVED TO FUND THE COUNt'S Ir~TERGO',/ERNMEHT,,L Pr COMMUN:CATIONS PROGR.~Lt Total assets Vo~c~e's payable and Due t~ cmer funds Due Io other goYernmepts Oefewe~ revenues Total I~abilibes Fur~ ba ances Reset, ecl for: EnCumbrances Ingen::r~es Prepa;~ costs Unrese-,'ed: Oes,9~a:ed for: Iml:ac! fees Undesgnatecl To~l fund balances Tolat li~mlities and fund COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET ALL SPECIAL REVENUE FUNDS SEPTEMBER 30, 1998 6~ ROad M,'m ag,.,mem a~M Urn:-,: ;',.;ora'.e; Sn2,e,1 2 $ 3.20E.591 S t,814.318 $ 12 12'.195 6.755 ' 169.29.c 15.864 2 ? 5.68 ? 7UO i .2 '., 37.~ $ 52S,714 $ 90,190 S ;72.348 S 190.5,36 2 3,449 4.674 7,322 1 .'~ 91,049 3.82~ 2.213 355,703 i 5 ;,2.375 358.1 ..-'¢ 2 ¢ ;: $ I,:.8.392 57,7?0 81,81C 450.2~7 598.716 457.664 2.~72.659 1,049.222 250.993 700.495 2'53,383 . 244,103 2,585,23~ 1.159,824 z38,927 139.425 43 142 284862: 1.403927 , 1' =' ~ .-7.9,~ 197.645 2 '398,11 S 3447 337 S 1.861 591 S ~,:420.617 $ 1246 2 990.8,10 ~ 7u0.49~ 55 ! I I I I i I I I I I I I I I I I I I 2 15.~.0C 1 $ 27711 887 77 7,425 2.576 54.152 $ 5'.:,2.607 $ 7~3.2~2 206 2.23,~ 2.458 5 8.127 294 $ 1E7,607 $ 30.364 $ 54.358 S 603.038 S 795.670 5 1 22~,185 'I $ 10,074 S 3.650 ~- 20.671 S ~3.077 S $ 52.55g 1.475 10.074 3 650 20.671 58 077 52.5C9 1.475 294 157.239 24.564 33.687 544 961 157.533 26 I14 33.687 ~?.607 $ 30.3~4 S 54358 $ &;~ 038 S S 743 161 743.161 1.218.710 1.21~.710 1.220.1~5 lC C',"I TIN<J!iD] COLLIERCOUN?Y, FLORIDA ~ 6 ~k 2 COMBINItiG BALANCE SHEET ALL SPECIAL REVENUE FUNDS [CONTINUED} SEPTEMBER 30, 1998 S:Jte ~.Js~ ~OU M~,Z T~dst m~n~ve IRCP Fur: ~-est 35.6~4 2,2~9 252~ 216.2 Notes - 6').000 - 285 Pre~:d ~t ..... ' 250~ ' i~lassets S 11.185,937 $ 1.0581578 S 78231] S 40.565.7~.:' L~hbes: V~empayableandac~als $ 303,8~ $ 27.017 $ 3.365 S 1,841,673 ~ ~o~er ~nds 6~.821 D~ tO o~er ~nts 1.202.1 Oe~ revenues -- . 1 .~4 · 2.669,506 To~I I~bilil~s 303.8~ 28.981 3 3~6 6,412.412 Fund ba~nces: Rese~ed fo~ E~mbran~s 1.93J,003 1.42~ - 3.066,558 I~nto~s 25,: Prepaid ~sts . - 2 5. t Oes~nated fcr; I~.pa~ fees 104. U~Ces~nated 8.94&080 1.028. ~ 74 77~.447 30,97g.0; 4 T~al ~nd balan~n 10 832,0~3 t,029.597 778,947 34,153.385 TO~I liablhtieS and fund balances COLLIER COUNTY. FLORIDA COMBINING STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FLI NO BALANCES ALL SPECIAL REVENUE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMRER 33. 1998 '6A2 e -axes j~,~ses and permAs :~:e-~=vernmenml Charges f~ se~ces F,~es a~ fcEeitures S ~ecal assessments To:al rever,~es 869,333 $ 854..ca11 31,469 35.280 152.123 28~.774 17~ ;~? 1934~7 220.193 "4 ~oena:tures: Cu~ent' General go,em~-e'n P~:hC safebl Phys,cal env,r~ent Trans~abon E~nom~c environmert Hu~n Cut.re ane re.ear,on ~ebt Interest Excess of revenues over (under) e)penddures O~er finanCn~ sources (uses)' O~ng ~a~sters m ~e~ng ~nsfers out ~ ~ of revenues and c~er f ~: ~res and o~et finanong F~ ~la~S at ~nnlng of ~es]dua~ ~ui~ ~ansfe' m ~es~ua~ ~ulty transfer F~ ~lan~s at end of year 572 124 g~7 251.102 75666 9.355.340 2.7t5 084 10.123.26~, . 15 844,059) 225.836 ~ 864.66; 5 972.200 62.600 i101 6~4) (CS.345~ (8 327.1'6L 104 132.527 45~ 101 214 023 2D.OCO ~,23,0::, 1.350701 2 751.77C .t ~ ~' 443 32: ..... .., 1 ¢245 2381 (.:'~ 464, I?.': :~ .:'~2.6¥ i 2, C2,1 2 ~22 094 I 1~3 ~36 9 714 ~:: 252 242 3 r;3~ 63" 2.848621 S ;,tO'~C,'7 ..... $ 11 5-1ecr~, ..., S 197645 58 COLLIER COUNTY, FLORIDA COMBINING S?ATE&IENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCES ALL SPECIAL REVENUE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTE&IBER 30, 1998 '6~2 L:censes and ~r !e~go~emmenta! Charges fo~ ~mces F,~es and fc~eitures ~al '.~ seepage.s Tctalrevenues S 674.033 $ $ $ ! ,.~: 1;:7 $ ,,0555~, S 2,4~,. 2C 564 2.000 19.75~ 1,C37 t30&l 2 362 41,468 3.424 698,638 82,910 18,465 2C, I 52. 4 .~.~ 7 E, r. end~!ures: Current: General government Public safely Pllyshr.3[ enwr~r Transpo~'b3bom £cono~l~c enwrc'~ment Hurlqan ser~'~ces Cullure and re~eat~ PfinCiDal Interest and fis~] cha~es Total expenditures Excess of revenues over (unCer) expenditures 1.033.474 (334.836) 5]', 24F, ;75 352.293 104.005 352,293 ~21 5:5 536 246 179.301 (21.C~5) (333.828) 3c~ 342 306158 I;:7 087 20.564 344.400 B,074 20.564 344400 O:h~ financing sources (uses). Operabng transfers m Opera~{ng transfers OD! Total otqer finarcng sources (USef) Excess of revenues and Diner f:nanc- i~ s~r~s over (u~er) expen- dl~S and o~er ~nandng (us~s) =Jnd ~tan~s at begmn~G of ye3r ;~esidual eq~ bansfer in ~es~uel eq~ ba~sfer cJfld ~lan~ at e~d of ye3r 475514 (133 501) 342.013 7.177 (53~} 10.572 '~3.35~ 1~.517 ?? 115 7.7£~ S 157.§33 S 26.714 S 33.687 S ~'2 847~ 306.158 ~7,087 EL7~5~; 437.003 lO',: ~ ~44.~61 S 743 16I S ' 21~710 59 I I I I I I I I I I I I I I i i I I I '6A 2 Pub!i~ , Pro~,~qrr Ircem,ve $ 1.4~4.516 35.021 8C0 MHZ IRCP Fu,~d 291,035 40.C26 -' : .' 979 '. 4;'9 537 331 ~':6~ ' ~L497 523 828 ~ ;~m.151 , !~ 506) ·-~ 536) 895.287 169.928 '' ~£I 327 z~4,1CI ~ 22~,85~ 895,287 169928 39 6~5 091 5&4,2§0 161,133 6 ~J5,16~ (~2 ~5 C47, 2C.645 7.725 ~f. ~f3.438 (7.721~ $ :' ~2 083 $ 2. 7.7Z~ 029 597 S 778~47 $ COLLIER COUNTY, FLORIDA SCI tEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND IIALMqCES BUDGET AND ACTUAL (BUDGETARY BASIS) ALL SPECIAL REVENUE FUNDS FOR TItE FISCAL YEAR ENDED SEPTEMBER 30. 1998 6 ,2 ' ~:3! revenues .......... t 15.000 31 469 108,1~0 i~2,123 ~9.800 176268 8~.500 220,193 3.247,g;0 ~ 3.511.28~ ;.e,~diture$: -rent: ,;~.neral government :%~liC safety :' ,-,i$icat envircnme~t T~ans~fl~ :cn~;C en~ronme~: ,- ;man se~i~s ;,;i~u~e and research :cbt Se~: Tcta~ expenditures Excess of revenues o~c,- (under) expenditures 13 1~C 9~6 8,998,572 1.1624 '5 '~ c7,~ '~"~ '" ~".* 097 1 0,=8 2'~ 12!~. 7C;, 1,.: 9:';7 3 7; 3 281,125 261,102 23 75 675 , 75,666 ..... 9 17.269,8881 (5 g44.05~,~ 1,425 82~ 1 101.4:~ 722.473 *'er financing sources (u.' .: ~ :..;.era~ng transfers in 5 G41.900 6, C41.900 C 2 G :'C L 2 ': Orj ': ;erating Vansfers c~! (~,g5 5CCt r;71 3:4) 2:'!6 rl ~:* 2,::~ r,.~ ~451 5'~ Total olher financ,ng $c~.':; ~ '.,?' ~ Ex~ess of revenues sources over c~tdres and o~er : .~d be,~ances at Deginrm :: '..' :,L:' - -~sldgal e~lulty transfe- :r~ : ~d baIances at end of ),:.';' f~7. "'.,4 773.22 ¢"~ 893 494 055 S 2 84,5621 $ 2 354 =.56 S ~,:,; 23G .~ 25,", ,;87 $ 1 547.457 61 I I I I I I I I I I I I I I I I I I I 2 10.899~?' c 9;'3~659 $ (1,1~..0701)$ 6.29g.2~ 2 ~ ~G" 700 2.2~.400 3.E~O 67 ~ ~m2 7:2 ' 2~ 0~5 19~ ~15 f~.C:: :; 094 15 ~94 473 ~r;- 7:! 751 25~ 251 5 3RC 120 303 · '.: 529 f~ ~71) 4 210 18.707.9;3 ~: 2..:5 2~8 1.638 388 3 5~.76~ I 09~ 022 12 zt',: 7::., 3.4 .... ' '~ ~''':, . 2 ' ':-: %9~ 2.~7 578 795,195 32¢. 55% -:", ,' · ,; ' 6.,~,~.~, .... :,_ ~ :.._ cc:, 64~;C,4., 16977~9 115%:: ' ::' ":' 27..IC0 . ,' ..: 128.353 104,75C 1~ ~' 23 6,:: 23 ~0 75~,269 767.512 454,101 3' 1.6~.-,. '. %,5 z82 272976 215000 214 023 11.323 ~'~'= 13 '~ '"68 1,200258 7 384 3 ".; ' ' 2 '.: 3, 020 2 828 6,4'6 4.387,528 1.35070t 3 0~.'% 82'7 17'."'6 767) f£52,379) = '' "~=' 906-.~: r,.:. 510 12 410 561,587 fg,025 IC: ~ 9~; 316) 7-' 78.t (8.118 70', ~.~ ":':' f'.:6i 87 194 561.587 12-1fi 2:!q ~," :': (734 32: -~ '~ .4." 2.925.8-I? ( .... lfi~) .... 8.145 2-:: ': .'/' ,5 391 2.5,51.547 255 6~0 252.2 "-2 5487487 $ 20.500 S 197,6.:< $ 1~'7 I.:', 62 COLLIER COUNTY, FLORIDA BUDGET AND ACTUAL (BUDGETARY BASIS) ALL SPECIAL REVENUE FUNDS (CONTINUED} FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 imcro~,ement Dsstnc~$ {,'4on-GA/--.P'~ and permit.~ ' .~ovemmentat for seduces a~ f~eltures in~e assessmen~ }: .gSO~, ACtU;'d V3rl3nCe ;: :: ' : ~=0.800 $ 1.604.701 $ ..,.--r"'~ (m., · . 30.000 (100.00,5) ;42,700 179,812 37,~12 IC,9.10,3 201.745 92 g45 13.060 18,078 50;'5 175 :C.648 2162 ' :,a; revenues * .'_.~ 5 603 2 004.326 ~8 7 ?,-.' -' -: * ~ , '.: .~'-: IR R,32~ .' .} ~:ilure$: ':eneral government -' .)'hc safe~ : ".':$~Cal e,'svtfcnment - - anspOrtation : conom~c envlronmen: -' ,~afl secvices "J;:ure and recreaticn ie=t Service: ':',erest and ~scal TGLal expenditures Excess of revenues o',e' (under} e~,=end~t,.res · ~0,E85 1.413.952 e6 933 891.~67 800,292 91.375 637.283 525.726 20 OCO 20.000 I 800 1,800 ~r7 ;01.635 2,761.770 239.865 r' S86035) f757.43~1 328,6S1 I!'~" z~'~ (32z ,,,c~,:~. 41,926 33.064 ' .~r ,%'",anOflg $curCes fsser ;erating ~'ansfers in :;e.~t~g Iransfers Out Excess of revenues and ct!-e' ir, g so~'ces over (under; e, ;. e'~- dituCeS and other financ rf_: f; sc.s) balances at beginr' n.3 , ~,d,Jat equdy Uansfer balances at end cf ye:~: S 504.100 504.100 r84.300) (41.464~ 22 826 4C7410 .... ,7= ~-~ .: 6.114 itzS q;O) ~'~'~.,, r-d,,,,, 7.099 ;~46.235) (294.798) 351.437 f3;- :,3::,~ 7.; 77' 2 788.898 3.025.435 2~x ~. 1 : ~ :,: OS 1. ),.,,~., 2 ~42.663 S 2.730641 S 587978 $ 77'*,3'¢ $ 15;'.5~:3 $ 46.277 34.2£0 80,533 63 I I i I I i I I I I I I i I I I I I 6A2 Budge', ,'." ' 30.C00 ,5 ~C 5 :'~, ~:"~ 13.251 : .'L?7 %037 .,...:.~? 6.785 363 200 352:93 ' 3G? 110.793 :;z S;5 6,785 363.200 352 2?3 f32.732, ,2' C~ 11.637 {318,7C0) f332 ~2~ 2.201 25700 ~'~ -'., 7,728 15214. $ 48400 (£:_...* ,. 64 COLLIER COUNTY, FLORIDA COMGIr.'HNG SCHFDULE OF REVENUES, EXPENDITURES AND CHANGEF, tN FUN~ BAt. ANCE5 BUDGET AND ACTUAL (BUDGETARY BASIS) ALL SPECIAL REVENUE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMFER 30, 19,38 L~ght~ng Lhst.d5 2 i ! ! . ~. ~.~es and Dem',;s : ~.~r~ovemmentat : ;~-~e$ foe set"vtces ~*s and forfeitures · -est income · ~ :a! assessmec:s ',' ,~eflaneou$ revenues · -~'d,tures: -r~eral governme' ' .~fiC safe,"/ ~ "~)~sical enviroc, rtc- :.: =onomtc enwron'vec ~ -..;,.liar1 services =-~::~re and recrea::c,~ ;;e~t Set. ice: ;~rincipal !nterest and .~ ~223~00 $ 1,181.127 $ (424:3~ $ ?,':. ;. ~ :15·: $ I :.9C3 48.469 30.~-39 261 25', t 24t.503 1,229.857_ {11.6431 200 p .t .' 4 ~ 4 921.515 52 685 5:; 404 :otMexpendi~res 974 200 921,515 52 ~c~,.. 72{ ~;: ~c,;.,:,4." ;~ 190,554 Excess of revere, es .:. (under) exper~C ::r~ ~ I I I I I I I I "er firtancillg sources :-era§rig b'ansfers m ' ; erating transfers; ~:'~ dilutes end other f ."~",::,:" ~:,' ..' , ,-: ~' ~3alartces at be; n.' ; ,.' . .' dual e~,lity t~a~s'e' n balances at e~",C c? .~,:-.~r S 80;'4 8 0~ 9903 {329.263) ~9 ~.? [3~.= .c*"jOi (321.189.). .. 27.7" 6.~ ,'~} 3 ' ,. 254 ?'~:! 221,.c~0 $ 544.961 S 260361 I I I I ¸65 2 $ ~ $ 432.5~v 24.497 , -,,, 68388 7 773909 5.184.003 1.74, :~' 3.:-':. 737 ''".~ ~ ?? 301 527.699 9 936.224 4 533 ~.:~. ~-'-.~.? ::~i ;? ~787 596.087 (2,162.32.'-~ (3.961 OOO~ ~'~ 7'j~ q :~ {.:-::, :::~ ':, '~37 5?0,087 (6.123 32:i 2'J ': :: .:'1.! .~ : 1:. ~-~ 5?3,523 ,.-~'~ - .. 66 COLLIER COUNTY, FLORIDA COr,ID[NI~JG SCHEDULE OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANC[. S BUDGET AND ACTUAL (BUDGETARY BASIS} ALL SPECIAL REVENUE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTE&'~BER 30, 19~ 2 :. ,nses and ~, rg~emmental *'~ges f~ se~ice~ -' ~s and fodeitures "est in.me . - 5al assessments revenues -; .:nddures; ': .:rent: * :,:neral govemmer',: :~ .~liC safety · '", Ts}cai environ men t "~nsportation ~, :~nomic envircnm.:.m -' ;,,man set'vices · :.::!ure and rec~eabon ;:rincipal mteres! and fiscal ch~So.~ ' :;al expenditures Excess of revenues {under) expend,tur¢-~ "-:.. ~nanc~g sources , ::-~rafitlgl/~nsfers m · .'.'a~ng b'ansfers cut mD ~S over ~::~S a~ other ; 3ala~S at end cf .~:.-l:e ~us:n~, fn~en!l¥,e $ S $ ..'-. ~ ~,'..- 1.444,-r' lrJ :.~5 35.021 1.035,2C,.l 8..q5.287 : 3~.-~ ~ 3 ~. 584.2.~0 ..,. ~ .*~ ~ ! L: 1.3; 1 CC 7:~ '. 445.347 1 ',; t,;,' ::=:.* :. ~i / ~ ?: 2'J0,3C.: ~- 4532~0 S 11029,5cj7 $ 57~13~-.7 S *~·:~;':-:: <.. 7/~5:,' S 411,047 67 I I I I I I I I I I I I I I I I I I (8(;6.143) 383.728 767,753 (65.459) 5.55~ 551 2 'SC 75~ 1,269,302 9.e92 ~7 7 2~5 275 2.495.421 9,92~ ~8 ~ ~:5 ~ 3.042 272 12.2~; %~ i; 5~C.121 1,333,787 1.81: 2CD ~C27.8~ 786.255 757.~:~ ~.~;1 313.411 8.03~ :.2£9,8~5 3,809.089 9 13.049.569 ¢.~ 8C~ 2~2! ~ 5;2 74~ 13.312.961 t:;,2~2 (101,105) 577 9~7) 176.653 27,723 ~22 72 ~22 5~? 5.098,958 ' 72? 7.72~ 6~ 2 THIS PAGE INTENTIONALLY LEFT BLANK I i I I I i I ! I I I I I i I I I I I DEBT SERVICE FUNDS PARKS GENERAL OBLIGATION REFUNDING BONDS - TO ACCOUH OF RESOUP, CES FO~-~ Ai,~D PAYMEN"f OF INTEREST AND ~R~NC~PAt. INCURRED 1;; THE ~t~::UNDING OF THE 1986 PARKS GENERAL RACE TRACK REVEHUE CERTIFICATES - TO ACCOUNT FOR T!~.E ,:-,':CUMULA'ilC,;; "~ RESOURCES FOE ~,,';O PAYMENT OF INTEREST ~ND PRINCIPAL O[; i ',' m ~e, .CERTAIN CAF;TAL FEOJECTS IN~I. UDING THE EXPANSION OF THE t,GLtJ:~.,. CENTER GUARANTEED ENTITLEMENT REVENUE BONDS - TO ACCOUNT F~.m THE ..... RESOURCES FOR ANO PAYMENT OF INTEREST AND PRINCIPAL ON_LO;~G'TEF;L'I INCURRED I;~ THE A:, U,.,DING OF THE 1977 GUARANTEED ErITiTLEL',E:, FF',.:' JF ~ND NEW CAPITAL GAS T~ REVENUE REFUNDING BONDS - TO ACCOUNT FOR T~'~: ;.CCU:.',.'L;,[if'.,~J i'; RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCI~AL O;~ LONG-TERM "INCURRED IN TH~ E~FUNDING OF THE 1986 ROAD IMPROVEMENT REVENUE BONDS · ,4~. SALES TAX REVENUE REFUNDING BONDS - TO ACCOUNT FOE T~ .... H ,~,;TC,' RESOURCES FOR AND PAYMENT OF INTEREST A.,~D PRI;,:C~P:L ¢.'; ~"~-;:;:'t INCURRED IN TH~ COHSTRUCTION OF THE COURT~OUSE E~A~;SC;, ;.';0 T~E: REFUNDi:;G O~ THE ~$85 REFUNDING SALES T~ BONDS i_ ROAD AND OTHER IMPROVEMENTS - TO ACCOUNT FOR THE ACCUL~U[_ATIOi'~ OF RESOUF;'2ES FOR AN~ P~,'~.I~:~. ...... 1 OF INTEREST AND PRINCIPAL ON THE COf1~ PROGRAM ;?~8~ECIAL OBLIGATION REVENUE BONDS SERIES 1997 TO ACCOUNT FOR THE '!'"'*ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LOHG- TERM DE3T INCURRED IH THE REFUNDING OF THE COMMERCIAL PAPER LO;4tS ISLE OF CAPRI RENOVATIONS AND EXPANSION - TO ACCOUNT FDA THE ACCUL;ULATk3r: O.:: RESOURSES FOR AND PAYMENT OF INTEREST ~.,4D PRINCIPAL INCURRED IN THE RENOVATION OF BUILDINGS. ':""STORMWATER IMPROVEMENT ASSESSMENT BONDS 70 AOCUMUL~TIO~i OF RESOURCES FOR AND PAYMENT OF INTEREST/.:iD .... ~" - TERM DE~T t; JCUP,~ED IN THE REFUNDING OF THE COMMERCIAL PAPEr; LO4HS Other Oue from et~e~ Due fr~ other Liabd~t,es Deferred re,,enues Fumd balances Reserved Debt s er,,';ce gnreser'~ed DeslGrated COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET ALL DEBT SERVICE FUNDS SEPTEMBER 30,1998 ,6A2 I I I .% ]! ;. l';r, I~evc, tiuo I S S $ S S 25~ .,re,.... ~:= ie3 .. 28:: 3.631,113 45 'S~. :' '1'22 3050,941 C$ ,:,':,2 ,:2] ',Si' 2"-~. '87 6;': 222 6,'32.405 ! I i I I i I ! I 6g I ! I I I I i I I I I I I I I I I ! I I I I ! I Z3 S 952 S 4'2' S 2~4Z.~2 '., 6.092 ",2';': S ~2425 5 6C0 1.60;' 532 1,637,633 519 ,'S' I r. 25.658 4 J.' i 2C? E'"- 2 475 093 4411 S ~SZ?3..:.t S 11.229.427 F6A 2 COLt. IER COUNTY, FLORIDA CG;,!RINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL DEBT SERVICE FUND.~ FOR TI4E FISCAL YEAR ENDED SEPTEMBER 30, 1998 2 TOt* 'e,q~uc5 24~2 :~!,5!~4 ~2 ~5 38 s Oebt ser,~ce :t. ,?.ca~, Ir4~'est acc f:~:~; c~'.~q?. 0985 ,"-.' -'z6 250 371 745.CC0 68495 333.~95 O,,era, 1807.295 (5.580) 1801.715 t31,711} 71 I I I I I I I I I I I i I I I ¢: ?.:': ?25, Obi,ga!Ion Euo:d and I.~h~ Ot Cak, n $ S ---_--__.Z__ S 2 .', -S: ~ S $ 1.307.822 3,915.200 591.407 251 491 264 '27 G.~25 n2C, 3.0.:4 887 25 era ....... 27', ''q 1", ..,.~c,! (54 -- f~ 937.471) 2 050 8re? 57 ' 25 16 265 63.h ~.037.~0 6.578.023 1747) f4 :C31 f2O 674) I ?.0C4 f ? t' 0,54 ) 100.425 2.550 152 52 537 282,715 1.251,523 50,230 4.259 1C~ (~ 9491,004 __~.._ f52 880) fO? 1.351 502 S $ 4 ~' S 255~37 S 9703.70:, 72 2 COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGESI~I FUND BALANCES BUDGET AND ACTUAL [GA,AP BUDGETAR'f BASIS) ALI. DEBT SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 Inter~3, Inleres: ,nco,me S2ec,,~ ~2.000 2~522 35Z 15.000 ~52.F00 31.5",4 8~390C, 8-:3 283 1,4 ~'~) 3~7730 384294 Tct3'e,'enves ~ ~~ C55 CC') C'.'C CC3 265 O0r:, 110 98", 8 301' To',~' ctr. e~ ir~ S;UFCOS o'/e- C t.'~S Dn~ Off ~t f Fund 2~ a%es at be';'';r -; cf lex' f27.800) (~9 147) f27,800) (19 147) 8 ~,200 f3 307) (5 i;7) (~,400) 8.309 ____L.--' S. 53..¢~2 S 378000 S 423. t0'? S 73 I ! 13 %0 : £.5~5 (7,5 2~.t",C9 i S~. 907 10~0; 55~ 9¢7 I I i 8CS.CCO 3C~ 1}0 25~.3C0 25~ !7~ 929 ! I i I 9!9 (~52SC1 (3454) 11,7~ 22.9~4 571.400 6 : *" %) S *¢= I82 S 2 3 $ 555.2C9 S 5C~302 $ 50.102 I I I I I I 7,$ fCO;IT~;;UED) 2 COLLIER COUNTY, FLORIDA COMglNING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (GAAP BUDGETARY BASIS) ALL DEBT SERVICE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 2 ~',°,]rcO Isl.¥'d bm:t;- ", Ger. e~3l (,'~h~z~!~on Taxes inlet..,:, e;r, me ~:a'. Interest ~-,ccme BdrJ,q,o~ ACL'al \'~i',,3"C<. [)dg~.e'~ ,:ct,;;, .d ,.' ~; S S S S S $ 3,104 I:<, 69 ;.9 250000 Pr:n: :a~ re; ,rh~.~.~ clr~ FSC~ ExCeSS Of re/er:u.2s o 730 I T6f ,'.,CC' 132 FSO ~ 3.}SCC, O 12._. 2C.l ,~ 4g:~ f~ '35 2 02~ %0 2 325 234 1.--,. 4"]'4 833 426) 50350 161,900 , i ~ )',.her ,",r ahem..3 sOu;Ces ,':.FCC; t,-a nsfers m Oper2:;ng :r2r, sfers our Excess ,r~ d :.'eS (8 000) f5 580~ 2 IggegCO I 801 7t5 ~197'85) ~31.711) (6 'II) ~0,300 161,900 111.65.'.. 711 ; ~" 6 2''c,',~,.. ..........6 ~2r 114 qr~ 2[4 75 I I I ! I I I I I I I I ! I I I I I I S $ S S U3.5S2) S $ I 77~ S:2 ' 7~C.~7v 3.041.9:: 2,560.000 481.900 (1.775~::) f~ 7z9.32~) 271 f3627CC?1 t9~*7471) I0~ 52S 1.775 :~:O ' 7'~ ='e ,. ~2 fa2 972) 3.037,913 3 037.903 '" f7.5:i) 29C; ;'". 15160 (7 73;) ~.'::: 1C0,429 101.529 {27.:' 9,$0) 1 352.0:: 1 251523 {110 477) t28264~) S 13609C1 S ~ 351.952 S 18.948) fCCt,TI.NISED) 6A COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (GAAP BUDGETARY BASIS) ALL DEBT SERVICE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMB£R 30. 1998 Ta~es Intergo', e r ,",me" ia; Interest mcom. e Special assessmeqt © S c~: ~: 604 ~' ' S S 218 gCC' 251 431 22.591 De:t Pnnc',gal re',;reme- t Interest a~d risc;:: cr3'Ges To:a) e x ~.e r~d Excess c; re','endes c'.eF (undo,) ex~eqd4gres O~her Financing scurces (uses) Operating transfers in Operating ~ansfers cut To',at other 6r, ancmg sources (uses) E,:ess :f re,'e%:e3 ,3"d mg sc,.'rces o/er (under) ddures ar, d omer financing Fund ~a[a":ce s at :e.: n-.:r.~ cf,',~' ~'... Fund t:a]ances at 23003 22.929 7' 75 COO 7 5C.C 6 737 375C3 29.666 Eg: 23g CSS 209 CCC 5,20 8~9 2~? 162C0 57,135 40.939 653 (9.3001 (4.2C0) 5.100 [1.400) (747) 6C'~ (9 300t (4.2C0) 5.100 ,.)~ 6,9C0 52,933 45,03g S !.SC.S S 4 411 $ "9'' S S 20~r~7 c ?r, qR~- I 6A2 I I I I I I I I I 3.~1£ ZO~ 3,0~5.2C0 396.20C ~8,757 1@2.5§7 218,900 25~.49~ 32 5§~ 5926 200 6 '£3 270 197.070 I I I I i I I I 3 229800 3 ~40.~25 12.6~0.400 ~2 331 554 6~2.671 298.846 495.915 6.820.600 6 578.023 (2.~.5,,) f46 5.~2/ (235741 15825 6.774.~00 C 548349 f225.751) ¢, crn 2]0.065 270,165 9182 5,~0 9 423 704 240.204 9192400 S 9'037~9 S 510369 73, :6~, 2 THIS PAGE INTENTIONALLY LEFT BLANK I 6 CAPITAL PROJECTS FUNDS COUNTY-WIDE CAPITAL IMPROVEMENTS ]O ACCOUNT [:O,r'( (_,/*,'~D.,_ f'r*L. :bls DESIGNATED ~Y THE BOARD OF COUNTY COM~,, S~NER~. TO BE F~JNDED BY A (,_,~.'NTY WIDE ONE MIL LEVY. PARKS hMPROVEMENTS - TO ACCOUNT FOR TIdE E,',,PENDITURE OF PROCEEDS FF%-'L', 1'HE ~SSUANCE OF PARKS GENERAL REFUNDING BO~,~DS PROJECTS INCLUDE LAND ACQIj',S;TION. DESIGN. CONSTRUCTION. AND EQUIPPING OF CERTAIN COMLI:jN',TY P~:,RK SiT..r-_'L-'. ;~: F~E UNINCC, R2ORAI'EO AREAS OF THE COUN ~'FY COUNTY-WIDE LIBRARY - '~O ACCOUNT FOR THE RECEIPT AND EXPE?IDITURE IMPACT F:-~ COLLECTED FROM ?.LL CUALIFYiNG r'~',",',_,, Cj,,oTRt.,C]I~4 THESE FEES MUST BE USED FOR THE "-.CC~J:S;T;ON OF COUNTY-WIDE LIBRARY rAS:LITtES PARKS IMPACT DISTRICTS - TO ACCOUNT FOR THE RECEIPT /',.hiD EXPENDITL::,E P', DISTRICTS OF COMMUNITY AND REGIONAL PARK IMPACT FEES COLLECTED FRQt. I ALL OUALIFY::~'G NE',*,' CONSTRUCTION THE IMPACT FEES MUST BE USED FOR THE ACQUi£-ITIO~: O~ CCLi'.',U?ilTY PARKS BY DISTRICT. ROAD IMPACT DISTRICTS - TO .&CCOU','T FOR THE RECEI~T ,'.::[: !{;, L:Et~D!TURE E .' [;:.*:" F-~ ,?. 7 OF RO~:D IM?ACT FEES CCLLECTED FROt.'. /-LL CU~ALtFF~t,'.'3 I:E¢,' CONSTRUCTiOt: }P'L: IL?ACT FEES MUST BE USED FOR THE ACQUISITION OF TR$NSPORTATIQN RELA~ED FAC'.LITIES BY DISTRICT. EMERGENCY MEDICAL SERVICE- TO ACCOUNT FOR THE RECEIPT AND EXPENDITUF, E OF EMERGENCY MEDICAL SERVICE IMPACT FEES COLLECTED FROM ALL QUALIFYING NEW CONSTRUCTION. THE IMPACT FEES MUST BE USED FOR ACQUISITION;CONSTRUCTION OF EMERGENCY SERVICES FACILITIES, ROAD CONSTRUCTION - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF LOCAL OPTION. STATE ALLOCATED GAS TAX AND COMMERCIAL PAPER LOAN PROGRAM PROCEEDS PROJECTS hNCLUDE. BUT ARE NOT LIMITED TO, RIGHT-OF-WAY ACQUISITION, DESIGt~ AND CQ~S'rRUCTION OF VARIOUS TRANSPOETATIOtl IMPROVEMENTS WATER MANAGEMENT - TO ACCOUNT FOR THE RECEIPT AND EXPEtiDITURE OF FUNDS RAISED SPECIFICALLY FOR W,:TER rJ,&NAGEMENT PURPOSES PRIt,I/:RY FUt~DING IS ;~D VALOREM TAXES OTHER CAPITAL PROJECTS - TO ;.CCOUNT FOR t,b:jOP, n '~- "-'- ' ~-: ~'L EXPENDITUP, E$ FIt;:- iCED .... THE ISSU,,',r FROM ~cm, I~R~cq OTHER THA~J PROCEEDS Fl,_t. T~E C,';E t.l;L LEVY I I I COLLIER COUNTY. FLORIDA COMBINING BALANCE SHEET ALL CAP{TAL PROJECTS FUNDS SEPTEMBER 30, 1998 2 Prepard ~sts Total assets 4776716 S 1.731,927 $ 1..*-;'~,~.': S 8220702 Due I0 other ftm!:S .: ;8.2,', 7 92 Deferred revenues 151 ?.4 4,095,900 Re:a,nage pa,,ia,t, re z6.776 24703 ?, 342 109.346 z%703 Total tiab.hhes 2 ~ 3,396 524 151 252 r, ag 4291.09~ 18 02~.475 Fucd balances f~eserved for. Urreser~ed Designated for fund ar,., ,tJ~d bal,3r:".~!S 3-...,.43, I.C53 115 ~ '~I' ~'--? ~ r;45.9;'.1 6 ~::.2.:') 4 563.3:0 1 237.776 I w." ,.-- ,, :-' 3,929604 "7{5 453 ~ ,~776.716 S 1731927 S ' 6'9~-'7 * 8220.702 S ;'~7~..:goal I l ! l I l l I I I I l I I I I i I I · 57 C:7 15r 3C OOC 822 1.24~ 2Z.8-...,., ;', 106.584 u .... ' G 2,:'~ 45~ 8.: ¢14 16 C.~.7 24 4;8 2S7 .932 1 g~4 478 19.3~, .1-s 2 057.9.'52 2S~2 804. 4 19718557 S 2'4']916 S 2C27791 S 68015792 8O 6~ 2 COLLIER COUNTY, FLORIDA COMBINING SIlATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL CAPITAL PROJECIS FUNDS FOR THE F:SCAL YEAR ENDED SEPTEMBER ?0, 1098 2 Tl~,es IntereSt income ImCact fees S;e~al assessments M~sce~laneous Total re,/emJes $ $ I.,]F ' 7 285 1~7 ;'71) I 5.24 22;'.606 71 ;~',' r,'~ ;r.~, 2:.'~ 422 ' I..'-' 07=,5 ' 237 567 7,831 1,272.,h° 7 3.956.122 15 Total expendJures Excess c, (under) Other financing sources O~erat:ng transfers 2.360 ,, .31.~1 1.490.752 ~l ~ZC 023) , .~ ,-r 1 (.: 2C,S "~2~ 9.~7 ~'] 79' 3.969 22G 1477 ~7:~ i 2CF 7;'C i I '.',];''.,. ' S 'i ',L')C,C, 4 $ u 7e ,:~ 4c,- ! I i I i I I I I I I I I I I I I I I Emerge~tc', Medic,il 2.37.C ,.- ~12.Cq5 7~.2;7 1.335 754 i:.3 4,087.717 19 272 3.38 f' 23?: cj 215 ~,C g S $ ? 512.069 780 271 193.871 114.475 834 132.:,:~ 3.087.079 8,420.579 q33.4qD 623 403 1.142.307 t521,300 1Z2!.300 ~073.502 ~312.294 8.063.C,:3 35423 6725 728 717.141 19,430 286 f37.76~) 390.314 8.473.749 309202 6.233.600 4237177 ¢-¢ a"' ''- 12.81 ,~._,, (37.765) u.~ 147 0.926 ,.~1:.-~ ~,' .',:. ' 3~.: :~C 23777.659 2.0C0.502 ¢ S 2312 82 r6A 2 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (BUDGETARY BASIS) ALL CAPITAL PROJECT FUNDS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998 i Reveou~ss~ Taxes lntergove:r, mental Charges for ser.%es Interest income Impact fees Sreciai assessmer, ts ,MisceUanecus Total revenues S .~ S S S S gECC)O I{13711 t~;-~t 73.200 3E5 (72.815l 5c co0 I~.7.770 :3' '70 Expenditures: Capital outlay: C-er, oral government Public safety Physical en',,~ronmer,: Transportat:cr~ Human set/ices Culture and recreat',cn To~,t expenditures Excess cf revenues (under) expenditures 31 2':4 ""i I ¢,:3 r*~ 'r 2'S.Z27 2 3{0 23.~73 7CC,CC:, '~= ,"-23 ¢" · 2.005 491 ~ .-.'0. I :~¢ 514 3.:~2~.737 3001 ~gt 21 ~29 t4C 2005491 ~,490753 5t.:733 ~, ,~=rc~ fc, 4~201) ~.. ....... ~,, f2526.033; 31 9.S2004 . . (*.:3091) ~"~ 2~0 Pr,scee--.s from ',oars Z7 77t ¢3C O~eratmg tra,"'sfers '.n O,oerati,",g transfers out f3 sources(uses) mg sources over (urJe,I d;tures and other fin¢-:,ng (27 771.CCS) · ,o ~ ,~, . 73,500 z. ...... C~ 73 2'33C3 (z 200) ~4.2C3) 4.145 08,3 (27 .:07 700, 6-3.339 r;g,3cG 941 3~2 f44.71~ t ~4 003 1.278567 Fur, d balances a: er, d cf; ~ ~.' $ :{3732 z552320, 5' -:~.'~'='~=°.,.. S 3130~2 S 1.207776 I ! I $ $ 7~ ~ 2 3~9 ' ~ IS 703 579 S $ S S '.::.£ 7352 a c 2 i I I COLLIER COUNTY. FLORIDA COMBINING SCHEDULE OF REVENUES. EXPENDITURES AND CHANGES iN FUND BALANCE BUDGET ANO AC'FUAL (BUDGETARY BASIS) ALL CAF'ITAL PROJECT FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDING SEPTEMBER 30.1'398 2 Taxes InterG,cvemrne~:a! C,'"',ar~¢-$ fc~' ser.qces E .$ec ~. assess,-e~t~ ~ S S $ ~ S Tc',al e~,;enditures E~C~SS Of reve~ug$ (under) ex2enditures Other ,qnancing sources (uses, F~roceeds from !oans Ooera:;ng transfers m O,cerat:ng transfers out Total cl. her financ:ng sources (uses) Eycess Cf re'/E;'lUr:5 and C:F e' 5r'tanS- C%reS an(:: CtP, er ~nagc:r.: h;SeSl ='.;r',d balances a: beG:nmro c' ~ ;r.,r ,257 2,95g 32E ir-, 7,:': 77~ 242 -':.4; 3. ~,.:. :~,, I 797), 6.257 227 20,11,: 92-'- f.tO 5.:' 1 ~ ,~a'~ 890 (i 2 -C.:5.757) 6,257,227 £3,1 !.:' :Z.: ~43 ".,:',¢ 3,53 8~0 j34 431 .,; C17 ¢.'3 7327 ¢.;5 112 C.~] Z['!, [ .,J.' '42 'I,l~q 2Z,', f.:"2 2. , 85 I I I I I I I 52 28% 75 .*=.3 23000 212,400 13 756 5~ Iz 25' :::E ~3~ 2267.700 2 I I I i ! I I I COLLIER COUNTY, FLORIDA CO;,IEh'lhNG SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE tIUDGET AND ACTUAL (BUDGETARY BASIS) ALL CAPITAL PROJECT FUNC'S (CONTINIJEOI FOR THE FISCAL YEAR ElidiNG SEPTEMBER 3g, 1998 Beach ln[e,G¢,,e,-- menta~ CharGes ~;r ser.,,¢es Interes: i,- -3me Impac: fees Special as.~essm, en:s Misce!lane :us Tc~alre.e~ues 5: ::':' 150.0Crt General .;: ,,emmer, t PuC'i: sa"e:7 Physical e"' vironme'~', Transpor.2:;cn Human s ;."/les Culture and recreation Total e:~."-enditure $ Excess sf reve2ues o,'e- (under) expend,lures Other ~na,'.=:ng sources Proceeds from loar~s Operatirg 7ansfers m Opera:Jr.; ",ransfers ct.', sources (uses) lng SC .rOes over (u'~dC.r) Ci/U'6 S and C',r. er f:n,3~ C;r'_ ~,;' ;:7. Fund ~-'---¢ at er.-: ' ~ 6.0.:0 5? 416 582.173 15 243 800 38659 137.8591 2282635 717.14~ 1,565,494 I 7OS (37 765) ~ 390 3'z ~0~.Ju.. 285 72~ 11.935 I I I ! I i I ! I i ! I I i i I I I b.7-'27~0 S [.~!2 ~%5 E 71.3,$9 7,C'.: 5-'-'~ 5 3Zi z.:z I;7~ 557~ 667,7G0 ~ 23,z 69 {34.231 ) 2.5:1 i39 :3~952% 1.321,093 31.5~7.256 I ~72952 29,~23,244 8,93~.8~6 1,2~2 204 7,67~.512 40.522.6~9 8.3%3 043 32.459.606 700.000 35.423 6~4,577 12.107.887 6 725 725 5.382,159 96,567.457 19:13 2!5 77.137 231 954 S 44 [6A2 THIS PAGE INTENTIONALLY LEFT BLANK 2 ENTERPRISEFUNDS I i ! I I I COUNTY WATER AND SEWER - TO ACCOUNT FOR T~'~E :RC'.;SIOh' OF WATER AND SEWER ;-ND EFFLUE'.;T SEF,'. !CES TO CERTAILI PORTIONS OF THE ,2OUh;TY'S UNIh;CORPORATED AREA MARCO WATER AND SEWER - TO ACCOUNT FOR THE ;RD".~S~Or,I OF SEW'E:~ SEP, VICES TO THE RESIDE:;TS OF LL&RCO ~SLAL~D GOODLAND WATER - TO ACCOU24T FOR Tt-4E PF, OV;SiO', OF :OTAELE ~.,','ATER SERVICES "TO THE RESIDE~;TS OF GOODLAND. SOLID WASTE DISPOSAL - TO ACCOUNT FOR THE PRE .ISI,2N OF SOLID ',,',',~.STE DISPOSAL SERVICES TC USERS THROUGHOUT THE COUNTY. EMERGENCY MEDICAL SERVICES - TO ACCOUh~T FO,:': TPE PRO',,'ISIOi'I OF EMERGENCY AMBULANCE '-r~D ~A:~/,,L',EDICAL SERVICES TO USERS 'f'~--,'3L.'3~OUT T~,IE CQU~TY AIRPORT AUTHORITY - TO ACCOUi',~T FOR THE PROVIS;'~,'; O'" LA,"IDIHG FACILITIES A¢,;D THE SALE OF FUR_ AT T,'-4E AlP, FORTS Trade. Unbilled Due from ¢:~er fur'ds Due .";om cmer gc',emme-ts Inventcn/ Oreomd ccs:s Restricted S:':ecJal assessments ~ef~,"red Notes rece Due from c2".er gcver~me--:s Total .... '~"' assets Prose~y. 22-4 arc e':',; Land Buildings Im;:.roveme"ts :.,.."er :."an :/.::::.~s E qui2me,"'. Construct:or m Total dr::e,'tT, ;rant and e'~u~Sr-:e': Less accum ~ta',el des;et ? cr COLLIER COUNTY. FLORIDA COMBINING BALANCE SHEET .aLL ENTERPRISE FUNDS SEPTEMBER 30, 1998 Water M a *c ,'1, ','.',it,,'.' So.'.er and i.E.:' 2, !29 911,077 z~8 212 ~2 320 ; £..: 333," 2d 9z,3 !55 311 ,:-:~ .:-:2:5-: '-5 -.'-:2:2: 2~g ~3[' f 272 2 '-:' tO.OS? 943 392.:~ -- ' :. 771,6'2 2.~25 -: 78207.714 123,722 ~2q I'7 ~.~24}t 430,C92,9~3 4,744.600 &9 I I i I I I I ! I I I i I I ! ! I ~'~1 231 3.1 ~,4.622 1,5,:2.12',., 11.2'I C, 1 t.077 1.611.ggg ~2320 g74 6~ 2 COLLIER COUHTY, FLORIDA COMBINING BALANCE SHEET ALL £NTERPRISE FUNDS (COHTIN[JED) SEPTEMBER 30. 1998 Current ma',ur.~,6s cf r'¢tcs ~.a~a: Total current ::a:,htms . C,,rrent ha=4~t~es :a':abfe from res:ncted assets: Vouchers ;aya: e :i~ Deferred reve,",..e ; C,~rrent matut:t.es of nctos pa Cufre2t matunt:es of revenue Dye to Other g:.8'oments A:c;'ue: ~rteres: :a/able Cus:omer de2,';-" :s " Retainage 2a'., a: e Lcr ;-term hah,hr Ad','a'tce from La',d;;il hab hr)' Revenue ~onds Zayable ("et) t;c:es payable Act, rued com~e-2ated F~.J'r C. e-;s,tI: Co-.inhumed car 2? ,3 767,008 : ,5'S9 · } 770.926 ~17 ~4.442.5~2 22,055,232 411042 3E0g 25 922 '2~ 3C9835 2 EC~ lt70;(; I 472 :i :} 2'?,.: 93.; 3 'Z2'! tC£ 7-2 IV. 4~,', I ~,eser';ed for: "' ,';~e ,',al Tctal ,e:ame'¢. e ~'" r..';s P;o' ct 25711 91 I I I I I I m ! I I I I I I I I I I I I ~ ¢ ..... 23220.232 3~4 7~ 18 72: 814 $ ! 57-:~,:% $ '' 5Z2C21 * COLLIER COUN]Y. FLORiDA COMBIN;NG STATEMENT OF REVENuEs. EXPENSES AND CHANGES IN RETAINED EARNhh'G$(DEFiCiTi At.L ENTERPR!SE FUNDS FOP,, THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 C'2erati."g e',reqses 07,e r,~t:n,7 Decre,::at? ~ i;terest ;.;:scellaneous ;nc, omo Oa:n (loss) on d;sposal cf fixec ~ssa',s Grants and entit~emenls income ¢css) 07. e:a:;ng Oserabng tranf, fers in O"orating lransfers out F",et& ?Od o,ar¢,,"~j5 ,';r.; .. ,-. ,~.;, j . ; . ,' . '' .L'4 7;; ~ ,.,.u, ~ (6 255) 10 5;~7 472 12'5 46.238 ~23.733 225 681 647 235 -:L:):...; S ;59'~ 133 93 2 I I I ! ! ! ! ! ! ! ! ! ! ! ! ! ! I I I '1 I i I I I I I I I I I I I I I 333~3 15 552 242233 ~ '~.5:C 4 2~5725 COLLIER OOUNI¥, FLOR!DA COt,I~3!NING S .CHEDULE OF.._.~PCUr["~re,~..~,, EXPENSES ANO CHANGES IN RETA'HED BUDGET AND ACTUAL (~UDGETARY BASIS) ALL ENTERPRISE FUNDS ' FOR Tile FISCAl. YEAR ENDED SEPTEMBER 30, 193~ 2¸I Procee:~ from '~sur~ Proceeds from Ir.:erest aqd fis~l cha'~os Income ~)CSS) O:eratm~ ',tars'ers Tc~al c" ~'a', .... P,O =oncfi,a: PrJqc~:a', Cash c:ntr;bu'.,o~ ~ Proceeds from I:ans I < ?,31 :, ' ??,2.~:2': "7 q,7'O 77.35; ¢'¢) I 5211.~42 5~g~:2 f.c.%) 15.617 ~53283) ~ 5'3' 49.492 49.492 12951.257 73 3:5 73,3L5 i5 852.435) ~,~.~..~-.r r~C, .~- 272 370 f2.:3 7.:8~ ~2,t0.684) (.a~c.~,2) (5327.2751 729.635 I'5.7001 (10.5741 I {174 548,) ~ I.~3.149) 5.126 I 2~ 324725 '2 g31C]~ f¢5 393 65zl {8601}, ! ! ,'~ 237 ~57) 12 770 ~ ~10'S~ 478 f~54,748i (g9.601) 55 147 '32 ~9§ 52!) ,~ 7:~ 232) ~ 4¢.4 191 g 721 ~2GC 379) 72 C~C '**~' ~'* 53.~42099 ,'C.:.748l 139.6'31i 55,147 7:.~,2~3 7 '~. 6C9 z:.5 800 225.414 r270 356) ~,~ :.~g4~.5 S ~7 ::,~ 77~ $ 3.:~052 S ~25~'t $ C1§239) 12730 242 S (99.601) 95 I I ! i I I I I I ! I I I I 33.943 t443~.100 113S049! 3027.699 ]i 7~3 2!.9,~5 130.030 ,? £::~ i'6.255) 77.6C3 ,:.C ['.}8 t8 638 232 ~C,O 22'% 6~'~ (5 419) 32S 2?0 ' 5-:0 -'.'~-: 211.714 T] -~'-} .'.2 ''3 ~'%9 2a2 ~.:0 ? 27~ 620 2 9'...6.080 (1 fi_-. 953) (I 19 953) '::~ i.]} ..... . '~= ~' ~ *~* 567 2.875.127 t 13~=; ,.~2.,~0 :: '~'C'~ 17 2~'C 8-'-4 23027 42~ 5.~,.,..,.5.~2 -.-,? 134 (CO,NTINUED) 96 2 Ca~Ral m COLLIER COUNTY, FLORIDA [] [] SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN RETAff~ED EARNINGS (DEFIClI) ALL ENTERPRISE FUNDS (CONTINUED) -C FOR THE FISCAL YEAR ENDED SEPTEMBER 33. 19::)3 m ¢;? :':~) i '520 % 12 1 .: ~2.C 7:'3 2; 5,7 ~ 7 k ;9 778 7.'J CF:91 2,200 '~' i m [] 2 :~O ,~;on-oDeratmg C3sh ccr, trlbut, on S Proceeds from Proceeds from Proceeds from Princi;a) Sa)merits Intergst and F'scal Miscellaneous Income ¢;SS) CO'C'5 '..2::'at '* :;" !"",'ORS O;-;,erating transfers Operating" ¢ ' ' ~ u a,,5,O,S ,, Total C;erat:r:g Nel InCO"!'ie (fQSg) Reta,ned ea-r' ~::s r:~e': - :y .?-: -' .. ~, Reconcfiiabon. Net income (loss) Capitah:'ed e×2ense~ Principal pa'., men~s AIlov, ance for doubt"~ OeDreOat~O? Cash Co!ir::',;: ~)!','),'.¢.~':S f'j"! !2 ,'Jet b,-':'i' ,a:t;O C .: ~ ;.: "; 31 .!'; 4 ( 13 626) 18.'2C0 On 9.P'i : .':30.8C0 I 123 1,123 2.308 2.30~ 1.219.000 (519.700) (294.576 (94.600) (238.448 7,288 443.849 1 ,,rTl .167 ., ....... ) 725959 (I.~22.013) 626.3C,6 2~82 443 I 91 £4,3 1.430 ~,.~ m (1.219.C30) ::, 225,',21 I (143.~48) 7.2~8 (I.025 :'41), f634.031) m 1.745 4:g .t.q 5 J..500 1,472.303 (1.,172 f2.C'331 (20.00C) 200 .: ~2 500 4.1B2.5,30 1,452,800 "38 147 -:¢. rrq , ~.) :.~'~ 330, ?87 · ",~ "-*" ,:Ci ~'.'*'~ ~ ,.-.,3 ~ 3 ' I (8121771) f3.053 C:4) ' ~ ~ r~l:4 S ~ 7;!5 ,';r.r, .... $ : *'::..~.8"x:'" S 2,57! 0O0 $ (186.375) S (2,757 435) S fi?~.147 S 22.000 (t 2~:.4 452) f21~ S , ,.-.2 n;t.) S 626.396 :1.0,2 294.576 (398.921) (1,430.800) (443.849) t791 576) m 97 m I 2 I ! I ! I ! I I i I I I I 525 25926 ~'0.799 003) ~14.463 ~.:.: ~ 54:4 529 98 COLLIER COUNI¥, FLORIDA CO;,'IBh",HNG STATEMENT OF CASH FLOWS ALL ENTERPRISE FUNDS THE FISC~.L YEAR ENDED ,~EPTEr,;13ER 2 I I I Cash fl,m:','s from ca3 Proceeds" '~ Pro reeds from P'o:eeds from me-est ard fsta', rlet cash and re:ale: 6 5c.,i ~5 .;.1 g75 170 f24 C, aO{ ,'?. 54~) 73.104 506 I 2P,7.121 Cash flews from ,-,est Inte'es~ amd d'. Cash ar,,3 m',,e3:me":s ' .:::'.=' ' ' '.~.- I ''~ pJ ' . S~4.5~.5.744 .- "~S:' .:3: ::%-' ' Cash a%C ms, 9~,t~"~U~ .'z;'?'''c .... '" $~g.8392;' - 'est' 7;:-~'-" 18.190 866 447 853 S 20305.785 99 2 I I ! ! I I I I I 255 735 (22000) (22.285 876) (5,290.684) f~64 606) ¢5 23~ 1 O0 COLLIER COUNTY. FLORIDA COMBINIHG STATEMENT OF CASH Ft. OW$ /.LLEHTERPRISEFUNDS (CON[INUEDI THE FISCAL YEAR ENDED SEPTEMBER 30. 1;3~I 2 RECONCILIATION OF OPERATIIqG INCOME ILOAS) 30 ;,ET CASH F~OVIDED BY (USED FOR) OPERATING ACTIVITIES AmortZAhO~ C (In~'ease) Ce;-ease n Ilncrease) mn Increase (dec'~ase) Increase m a$c'ued (Decrease) m Increase (det'easei ,n accrued (Decrease) m Increase in ~ue tO O~9r ~3'~Srr.'"entS ~ncrease fdes'~ase) · 71 ti ,Z 175~ 312 65 f66 C63~ ~5.9701 t~55 23~ 25.512 2 33J '. % (4) To'.al adjss'-'~er's 8 8z,~. 23~ 19 634 31 (353,766) 1.309 (1.327.203) O 244 6.509 (801 831) 503 020 T~.,oFO ,.,,re'9 r. 3~.3;~, ~O.r, ~; e' '.'":' :;',' ;',3 '~ ~ ¢.~5.~.- ~n T':e Sc' d ',','2s:e ' ~: -~ ' :',¢ ~ '~ ' z..~-: -? -',- 7.,' 3~5 C' ~SSr't% from tho SO;~ The Orl~n3' COSt :''r._~' ; ,.., ,..-.:, Ss .-ZS ,'. ,~ , ,r 101 I I i m 632.791 4~2~3 9 138.916 S I-:5.:O?-'~) S '2':'-:.:71 S ,'32432,:2 102 2 THIS PAGE INTENTIONALLY LEFT BLANK 2 m m :m m m m m m m '6 2 INTERNAL SERVICE FUNDS INFORMATIO,',; TECHNOLOGY- TO ACCGU~,~T FOR .:X2*':t''''-''-,~_o THA1 It,;'/OLVE T~-IE EFFECTIVE USE OF !.',ODER:~ TECHNOLOGY WHICH PROMOTES SHARING INFORMATIOrI AND R=_.SO1...,RCES ", ~h -F'E L:EPARTME~JTS AND ~,,(.~ J'4C,~S OF THE C..U,. ,Y - S~-LF-Ir.~Ur',.~. ~,~:: COSTS OF SEI_F-INSURAHCE :'D ACCOUHT F©P, Ti4E ' ' COVEP. AGE FOr-; :;F.O~'ERTY, GENER~,L ANE) \;EHICLE LIABILITY. TO ACCOUNT FOR THE PROV!SIONS ©: :-:EALTH BEr;EFITS TO COUNTY EMPLOYEES AND THEIR DEPENDE~TS; TO ACCOU~!T FOR 2 :-.'fME".JT OF L','OP, KERS' COLtPENSATIOt,! CL"-,:MS. Ir: LIEU OF INSUR,-r~CE OFFICE OF CAPITAL PROJECTS MANAGEMENT - TO ACCOUNT FOR RLL ASPECTS 0- .SOU';T"' CAPITAL PROJECTS AND TO ACHIEVE TIMELY AND COST EFFECTIVE RESUL*-3, WHILE PROVIDIHG ;,t ~D MAINTAINING THE TECHNICAL AHD ENGINEERING SERVICE REQUIE :.D DEPARTMENT OF REVENUE - TO PROVIDE COST EFFICIEHT B'LLING AND COLLECTIO'I PROCESSES, ,:3SOUNTS RECEIVABLE MANAGEMENT ;,r;D REVENUE CONTP~AC-FUAL . ,, · ~ .... r'OUl,,iTY ,,..,,N....:-r_,.m :~T ;'~ --r-!E ~ MANAGER'S AGENCY. SHERIFF'S SELF.INSURANCE - TO ACCOUNT FOR THE PROVISIONS OF HEALTH BENEFF;S TO SHERIFF - 'm ...... =.,..--'_~. :-_.~ .z,.ND THEIR DEPENDENTS: TO ACCOUNT FOR PAYklENT CF WOF. iERS' C~"P ....... '~' ZLP.!:.',S. ,...,,., ."-,.,~, ,,~,. ,' lt,,l LiEU OF FLEET MAt:AGEMENT TO ~'CCOUf;T FOR FUEL, OIL. LUS;~,(CAtlTS, ,-":,EPA F2; A'.'D ...... :_ ~.--' ,~.,~,., ~ ';'E~'hSLES/*,oD THE USE OF BY COUt~TY Et.:=LOYEES. Bud"Jmgs ~cu:pmen: UC'.D'L T:55 :,',D = .',L 5,~.~ -,' 232 '2 COLLIER COUNTY. FLORIDA COMBINING BALANCE SHEE'r ALL [NTER~';AL SERVICE FUNDS 3=PT£MBER 30, ~958 '- .f', :g~C::; ;"5. U'2" ?'3 '.!.'.¢'L';C': -r - . ::'¢i .¢!r .',; 097 5 472 433 ", 470,4~7 ';?,5 .:5,5 · 408.6649 3g.~35 497,250 922.135 ~52.72~ M? 8z31 f3SO C~) 500 403) 5559~0 ~9 ~2~ :86 552 z21.522 S t5.4007 S (492271 S i 557C;? S 1.553 ~I 31 137 23.567 1575'% ~i~~ O~O, 4 472!~3 ~57.6~3 ~35.637 .:.2 342 4 ~73 ~,2'£ :'5~ 59 448 234 ,ga ~ I 402 170 594.672 554007 $ 6.4j2.,1 S ~'357.005 S 5!9.987 103 I I I I I II I I I I < I'*' -32.:' 2-: · o.;q'.: "c ~' 5,2!2.2:_·2 $ ,: 2.'i 2:'~ $ 5.12:~ 7.q2 $ i'.-' 222 557 S 4.2z'f, 236 S 5.138782 $ ;F_'C22~2 104 2 COLLIER COUNTY, FLORIDA COMBiNff,IG STATEMENT OF REVEHUES. EXPEHSES AND CHAHGES IN RETAINED EARi',IIHGS ALL INTER,HAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER .30. 1998 6 ~nccme (JesSi before c:e'a'. '...3 :rar, Sfe's Opera:rog ira," sfe's 539 073 252 5C9 ' 93,3.:..'..5 1...:g1.072 ,.-' ,;,..,, 5 7' 7 ,:~ ',,: 7 · 255.277 g 590.028 23~9 ~75 2 322537 !71 759} 230 424 269 75 !53 2'3.613 · 3422 12 25-." 3.717 ~24 5,~B} (1.579.305~ 202 727 :5.000 r2~5,0,3} -.q38) ~ 51'::'~ 22¢, ~22~ 573) '55 4C. 9) 572 I .:, r,:_. 26 ',:'~_~ -,."~ 71r*. ~232.~2~} (11,750) 74! '~' 5.16 974 105 2 I I I i I I i I I ! I I I 25,~,C0 2C5 87'3 47~ .~:7 851 537 /?~70 172~ 2 I I 100 COLLIER GOUNTY. FLORIDA 1~ 6 A SCHEDULE OF REVENUES. EXPENSES AND CHANGES Ii'i RETAINED EARNINGS BUDGET AND ACTUAL ( BUDGETARY BASIS) ALL INTERNAL SERVICE FUNDS ron THE FISCAL YEAR ENDING SEPTEMBER .",0, 1998 Ca;.::~ c.,', ay Interest mscme Pro:e3~s f'cm the 2 520sa: c' ' ,e; ~s~'.s Proceeds from ,nsu?noe PrincDal ~a) mon'.s 823 1.196.198 132625 9.638.770 9.3r. 9 657 42% 25261 ,11 684 fl 743 2?0) ....... fl..?.~ 625) 9.230 4.820 325.700 -'.2-:".269 50 ~ 1.3..'2 I ",/,'l rl;I fl 6.¢. I S f 312.,t68).~ 1312 468 324,292 3.920 329,043 16.5751 98,569 ,°I 11.372 lncsme ('~s$) be.~a,o o2era', ,~s hs,' 0ac'at:- .3 Ose'at:n~ transfers m Oae-atmg Iraasfers cut Ca~ :aLzed ex2e~sos Des'e~ at,on and amo'~ eh' " Se f-insurance c~a:rns ga'~;l: e Ne', bGck ,'afue of assets c s;:*-, : '.e', ~";sme FC~-,i - {;.',AL: ', . ,, .: 4.'.) 9 230 4.~7,? 3..., .O 425.©9~ ~ · 423 S 44 2:.~ S 34.491 i1,900 46,391 431 543 (1.,.~,..3, I 4051.- 11417.53,3). (12-~,?rq~:,o.) 109.991,1 I 126.566 340725 5.747 ~t'O 1 876~5 3~7 ~ ~ ~4. S 4 330C00 S 5~6751 -I 126.566 f3,939.815) I S f3.813.249) -m 46.391 I0,4,17 S (1.2~2.934) 9080 (3.757) I I 107 I I 224280') S 22~0~'~, 2242 BOC' 2 2595':~ 6~ 2 I I 2335 ~S; g:3,53,3 ~.3 ,~,.,: 1,397,8,,30 1,451,072 (~3.272) ~55 ~:,O :3~ 5;2 50 g~8 923.450 741.354 I ~2.036 "9~',3 ~ ~9 ~,: ~ 103.472 7?g'Y 25555 495 903 2.424.672 2.280.25~ I-'--'- 319 111 C53 (I~,1 8721 (295'~1 '5'~, ~ '~57, .. 1.~:~3 18.2C0 '"', "3 7..:13 : 3.g'~9 3.7'~7 3.717 (29.459) I 25 413 18.200 l~2:,1 118 329) 471 (163.672) {29644) 134.028 ! I c~ r,~ ''~ 434 S ' %: ",27) !5,000 ~5g:3 !46 471 (176,672) (426.:.:') 12-:.028 t' 4:? ~95~ 176.672 5.16 r,,74 370 302 5575 S S 504333 S 504,330 77,91* (CONTINUED) I I 108 COLLIER COUNTY. FLORIDA ~ SCttEDULE OF REVENUES. EXPENSES AND CHANGES IN RETAINED EARNING,S .BUDGET AND ACTUAL (BUDGETARY BASIS) ALLINTERHALSERVlCEFUNDS (CONTINUED) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 199B 2 I I Char~es for 5e'.:Ce5 Total ¢;eral,r; revenues Opener. rig Ts:si c~erat'; e,:-e',s':s I 3.27? 8t2 (~07 188) ~? £~6.200 1,5 799 I 5C4.37~ ~ 346 4~ 15~.,.:,7 12 S26.304 12 097.344 f880.50.:) ~86.504' 525.030 738.960 79,590 013~ 2776"~ 242~'.3 t?Z:!317g '~Zr'rr'a 13.13.580 I N'~n-caera b,"~ -e.en'.es Interest Proceeds from :r.e ~,sDosaf of r,ed assets Proceeds from insurance Print:pal pa) To:al ncn-o:e'a::n¢ revenues O;er~t~; ',r~- s'e's cut T:ta: cgera: ' ~ ',ra-sfe's Re',a:ne~ eam,-;s 31 :eg nnr~ 3' Pr,ncc:a1 pa: 57303 85375 27.775 453.400 619.D:0 95.253 1.15 ~57 50.337 95 250 163.2~4 11.372 f29.459) 152550 239662 78112 554.650 764.~67 457.07G I 160,140 !7 67,964 I 11,372 f29,459). : 2t0.017 I 522 ~.;.7 ~~"{71 °12 5~.: ".~ 32~ f315-)or ............... ) 667.093 26.030 26,933 I ~':~i~) ~21.000 i580.700) (459,700) 121,000 ,'21~:~) ~21 030 ~'553 809! (432 800) 121.000 I 3~.157 73 .... 1 334.514 (~ 535.128) {748.035) 788.093 · ';7.~ .,.¢"~ 3.~22~22 .~='5¢.. ,~2°. 7~!g003 7.103847 (814.156) ~ 455 ~~5 S 4 ~a~ 313 $ 2 ~=c, 7~ $ S~ ..~1., S 6.355 ~12 $ i26.063} S . 733 55~ S (748.025) 829 451 935,084 20.459 (316C:7) il.321,18S) (285~A4) f2~ r77) M1343) S 544 723 S f~.4.31 707) 109 THIS PAGE INTENTIONALLY LEFT BLANK 2_ C, 2sh Cc.',s f:cm C~s~ :;ansfer$ from, o:ner Cas- :racsfe:s to G?er ~,,~,$ Pr:r: :al 22)meqts on c3p".3~ leases t,et ~sh (used for/ca2:tal and re'a:ed ,financing ac:,v~t e~ Cash f.c.,, Cash COLLIER COUNTY. FLORIDA COMBItlIhlG STATEM£NT OF CASH FLOWS ALL INTERNAL SERVICE FUNDS FOR THE Fh%CAL YEAR ELIDED SEP', EMBER 30. 1958 'r~ ' ' 15,000 ~431 ,?gO} f2~] 000~ !3~O3 3,717 I5.CE0) [~.It9) (77.917) f29,aSg) (~04471 2 342 5,071 fIg3,GSg) 242.15: 7 8~8 422 1,731.938 399.648 110 2 I i I I I I ! I i i ! I i I ! I ! 3..:35 .2 72.Z 2; .~ 11.372 f829,451 84 928 81~ 472 545740 S 14 111 2 COLLIER COUNTY, FLOR;DA COMBIHIHG STATEMEHT OF CASH FLOWS ;,.t.L INTERNAL SERVICE FUNDS (CONTIHUED) FOR THE FISCAL YEAR EHDED SEPTEMS£R 30, 19g~. RECONCILIATION OF OPERA11NG IHCOME (LOSS) '1'0 · ,F_T CASH PROVIDED BY (USED FOR) OPERATING ACTtVITIES Total 285.654 ¢5.,.8 {32.179) I~g.909 Let cash 2rc',':ded by (use.: f.:', :::e-atmg a:.t;v;t,c.S S 40.430 S ... (1.871 8£3_ S 82 rOI S eS.1 I0 T-e nformat.cn Tegh~3~o~, fete .ed con?;bubons of assets ~-;m the Emergency Medical Se~,',ces Fund w th a c~;,ec,a:ed va'~e o' Si 931 '-e ;rG,~.al cost of trese assets ,',as S6.450 wdh S4.519 ,n accumulated deprecJabon. -~e Deza'tmect 2f Re,e~ue z_-: 'coerced contr:bbt,o"S Cf assets from the Emergency t/ed ca' So~,,ces Fund w~th a ce:roe;area,aLe gfS~ 78.3 --e :-..~.~a~costo'theseas~ets,',2552.324w~thSSJ4inacLu-'-'a~eddoprec;abo~ 112 2 I ! I ! i il I i I I ! I ! I I I 627 1.321,188 $7¢~ (293,498) ~&2-'- ) f22 913) ~416) ~23 772) f20 772] 2~.913 (35.83Bi ~'29 ~ 1 3 ~ 5 359i (05.117) i7.1J9) 2 gS.O'?"} 571 684 f2.: 8771 1.012 155 1.,42~ 484 . ( ..... ~ S 1.257 993 S f523450) 113 2 THIS PAGE INTENTIOIqALLY LEFT BLANK 2 ! ! FIDUCIARY FUNDS MAJ'OR EXPENDABLE TRUSTS CONFISCATED PROPERTY TRUST FUND. TO ACCOUNF FOR THE PROCEEDS FROM ~;,::. .... ¢>AL~F ~r '~O,,~l~u .... z~ PROPERTY TO 2= USED FOR LAW EflFCRCE:.i!£~I~' PURPOSES LA",,"/ ENFORCEMENT TRAINING TRUST FUND TO ACCC'J;,T FOR THE COUF, T FINES ASSESSED 'TO EE USED FOR LAW ENFORCEMENT GAC LAND SALES. ROADS AND CANALS TRUST FUND - TO P 3C.DtJNI Or~E I,;ILLIC:I THREE HUNDRED THOUSAND DOLLARS SETTLEMENT FEES RECEIVED FROM A 1977 SETTLEMENT V, iTH GAC PROPEP, TIES. INC. AND PITEREST THERE©~i TO .BE EXPEIIDED FCR THE RESTORATIOf~ AhlD i'.,IAINTEHAi,~CE OF CERTAIN UNACCEPTED ROADS WITHIN THE G©LDEll GATE ESTATES AREA TO DEVELOP F-'-.S!LiTiES OTHER t~.~.,.'..rl ROADS AND DRAINAGE lt.:PRO".'EL'EtiTS !ri i'FiE GOLDEr.~ OA"fE ESTATES AF, E '-. THE FOLLO'.',i::G ."-FE THE REt,IAIt~Ii',I,3 FIDUCIARY FU;:DS EXPENDABLE TRUSTS A,"4 IMAL CONTROL PUBLIC LIBP~Z. RY LA',',' LIBRARY INMATE 'WELFARE COUNTY DRUB ,t..B~jSE CRIMINAL JUSTICE STATE COURT ADMiNiSTRATiON IL?ACT FEES UTILITY FEE EUCLID A,ND ~ "~-' .... AGEr',fCY CLERK OF COURTS SHERIFF T -k"; COLLECTS;: .PINE RIDGE ;-.';D ~;-'-.::LE3 THIS PAGE INTENTIONALLY LEFT BLANK ! I i ! I I I I I I I I I ! I I m m m m m ('[)LLIER Co,Jill ¢, FL L.~RJD& ALL FIDUCIARY FUHDS SEPTEMBER 30, 199~ '6 2 L 114 ~d ba anc~s Total fund ha'ar CO!.Li[! · <LOLJHT~, /.LL F IDUCIAF-iY F L)N[~,~ 5 L'. P1 EMBER :. .t S 6 m; m m m ! m m m I I I ! 2 i i I i I I ! I I I I I 116 SOLLI[ R COUNTY, FI.ORfD/, S=AT£-MENT G$ REVFNUE$, EXPENDITURES AND CttANGES I:~ FUND P, ALANCF~$ EXPENDARLE TRUST FUNDS FOR, THE FISCAL YEAR ENDED SEPTEMBER 20, 1998 2 '-'~Ce~$ of 'evenues 9,,er Ot~er r"'l . Opera: ns t'~%',,,~ - (uses) Excess of 'e.'enues and Othg' ' 'd"C- lng sources over (under) dJJu;g$ a'~ o)her flnarcms ~ ,.'..?-, Fund S S $ S c S .i 73'] 2.C T~5 451 1,85.1 ~,i 1'7 .' '~:',5 7' ', "2 36 3~0 ~ 079 958 1!5 2~9 12O~.i _ 20 07t J45 '7!8~t 6322 350.912 -' - (275 590) 2Z9 5001 117 m I I I I I I I I I I II I I m m 2 m s $ ,, $ S S .i~;i,P,'i S m ! ! I I .' 229 729 775.C'::. .:; -4, ',-": 79 (3 g,33 ?r?,~ :':' ' ' ¢2 .'-70) fr, t;ll S 41~? 321 i0.0C9 120.806 953.420 1~2,215 420,831 2,562,978 1,114 041 35,197 30,360 13,079 ( 1.583 4.97 ) m m m I 3.333 S .'SS, m;3 S ~",45-:* S ~ ~'¢~rZe S 118 3,003.768 (533.238) 2.470,530 887.033 2.,:,21,439 5;',8~6 3,561,35A COLLIER COUNTY. FLORIDA SCH'~DULE ';F RE'/E:JUES, EXPENDITURES AND CHAf:GES IH FUf~D BALAf;CES BUDGE '¢ AND ACIlJAL (BUDGETARY BASIS) EXPENDABLE TRUST FUNDS FOR f:qE FISCAL YEAR ENDED SEPTEMBE'~ 30. 1998 Ta~,es Licenses Charges Fines and Irl~eresJ revenues E,'penditu,'es General govemmg-t Pubhc safeb Trans ~orl,'lhcn Human ser'v, ce $ CuIJgre and rgcrca: :'~ 079 14.021 07? 14 021 39 07.3 O:her finano~n; Osera',mg transfers IUSSSJ ,'~ ~.:3) ~2'~4 2~.g:4 (t0.::~) :3.073 30,073 ~ 4~3 73 215 7 ~'5 !$ £03 31,,lgO 15,290 ~: {:3 S 85 229 S 34.72,~ S 6200 $ 51.563 S 45,363 m m m I I i I I I I I I I I I 119 m I I S S $ S S S I I i I I I ! I I I I I I 550,?2 609:2 t275.5031 , 2*5 ~,?.~ 6,322 i._:ii :4527 754'2 52,512 if5 ' -'.' :' I 4.r.~']l 53.C37 77537 57:, S ":-:. . S S 128.:z5 $ 1,,,, (COt,iT;HUED 120 COLLIER COUNTY. FLORIDA CO.MBIhlI;,~G SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Ihl FUND ~aALANCES BUDGET At,rD ACTUAL (BUDGETARY BASIS) EXPENDABLE TRUST FUNDS (CONTINUED) FOR THE FISCAL YEAR' ENDED SEPTEMBER 30, 1998 EXPENDAeLE TRUST - ! C?',f~s,~ated Prc,'~ertv I Taxes Lfcen$-~s 22¢. Charges far ser..'lces Bv'Iset Actual , ,Va ria,qco Buct~et A.;~ual Variance S :i S S 1.0'30 1 3' =..:J~ 5 C33 5~3 274,C, C2 I 10.03'3 '~, ;3,4 '"' 134 Total revenues General go ¢o:",ment Pubhc safely Transpor:a ben Human semces Culture and recrea".:on 1 050 1.0'S0 3. ¢.v...., 527.784 298,796 -,.: .... ¢ 2.229.729 57D,83; 775.09-3 95,7C'; 2~ ..~.~ 2ig9.C43 30,607 Total expend,tures 3029 203 3.004.828 84.372 2zC 250 209.~.:' 3 30.607 Excess of revenues (under) e~'pend~ures Other financing sources Oseratmg transfe-s in O,.,. aa,,§ :ransfers out Total other financm,; S.q..,rcss (uses} Excess of revenues r.-: in2 sources over (uq¢er] ex: eh. diJures and omar £-anc;rg ,uses, balances a~ De,;mn "2 ,cf ;,ear f3.033,765) 85 432 8~.733 z1~.141 329,403 3.C5~.2,D~ 3.053.75~ (85,43Z~ ¢ .'- 5 ? ,153} ....... 1~.~,.:~ (36S.C531 f245.2391 $ s s 114 815 114.815 444,218 f29490) 414,728 ~271.315) 172.923 J,3~. 341.~92 9E357 S 514.0~5 S I I I I I I i I I I 121 I ! 6 A 2 m "m m m m m m m S S $ S S S 125 -'-.~. ~25 'Z7 z7.3 'z 3-].243 35.1~7 'C~ f°~ 6?C,) ~2.-'70) ~7 '~ 27 ~C1 75.92) ~8.977 f2 47.~ .... 27.~.5~ 76.92~ .:B -377 2?3 .~22.75 a:.775 S '.: :'77 S ";]'? S ; '..' S .~_'-7-'5' S qr'97.'2 S 99 122 Ch,"tr~c.-s for s,'~r. ::,:% Interest m~me M~scel:aneous T -"d al rever~ueS ~xDend~tures' Oene'al Cover,mr r e':.t Pubhc safety Trans 2ort. abon H,jmaa serv,ces Culture ~nd recre~:~c~ Tcts~ ex2end,tur.': ~ COLLIER COUNTY. FLORIDA I SCHEC'JL£ OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ' EXPENDABLE TRUST FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 I I 4.Z 0,-.I ~.5 · .... r.', .'2r. 3 iE338 .~. ~ :'~ 0.442 73,20,5 : 12.5,33 39,363 6g g,,', 3 129.575 ~'g.776 I 563 47.153 1 ~.,."r'° ~.~ ...... ' 7'~r Ct2 475 I 32z 200 557.730 2,474,323 83.680 ~,~61.453 998,822 152,628 35,349 35.197 152 46.200 35,36~ 9.840 32100 18.07~ 14,021 244 291 89 919 3 832.75? 3552.478 270.321 I (uses) 224 372 137072 12 5722'1~) (~E27,479~ 745.735 I 3 3E3232 3SC37C~ (85,432} I , '2 C27) 2 4.;~.~4, 2 470 533 29,383 I Ewcess of iCg sources o,.er C,tures and other ~und balances a: er2 ~' 251,872 137,072 (132.054) 643.054 775.118 · '~3520 S ~**~0 S I ~'"~' o3~ ..... ~,....,9 S ~ ~1,137 S 1,052.219 I I I I 123 I I I I I I i I I C(,LL. iERLX/..~;,~ . FLORIDA C.O:,1:.; :,,:, ~, )3ATEt/E',T C?' CF!.' t!"': :: ;:'1 ASSETS/-;;9 F:.',::. -HE :;3CAL YEAR EHDED SEPTELIBER 30. 1328 1383 6 351 '.522.343 ~. 3 C.,:O 095 23.7~3 ~23 22 61 6.251.721 $ 118573.795 $ 118.495.274 5 Cash and ~-.-:$',..~e"ts $ 80.181 $ 4,176,g54 $ 4.205.416 S InveStmentS .'. ~t'~ trus'ee 2.709,505 2.70~,505 Rece~,.a~;e C:~er 45 22 ~ue fram ~-~: fund~ 514 .:~ 537 Tc:a;asse:: $ 7 ;'90200 $ 4 ',77 045 $ ,~.915480 $ Vou~,hers;3..a.:ear'da::',.~s $ 47.715 $ 8~0.397 ~ ~5.809 $ CelerreX c:-:e-,t, at,cn ;'~.a: -? 2 ~09 505 2.709 505 Tot~l~a: :~s S 2790200 S I ~39270 5 3.~77g05 S Asse'.s ln,'estm~rts ,., :n :rus',C~ 5 805 5~B ~ 5 8q5 598 S De~erreZ~:-;~-:,~t.~r~:'~.~:~, ~ 80557B 5 5 ~05598 124 6A2 S,m'~ember 30. lg.q'8 G.429.242 '; .129242 3,15,9~5 1.652.630 4,217.891 6,429.242 51.719 23 23 51,765 22,303 29.402 51,765 COLLIER COUNT'f. FLORIDA '" '.'~',' · ';'; "'; ~ AT::..~=I',~T OF CHANGES l~,l ASSETS AND ,. lABILITiES /, ~ENCY FUHDS (CONTIHIJE~ ~' ,,¢ THE FISCAL YEAR ENDED SEPrEt,,",B~ L,&bdibes Vouchers Due to Other furies Due to geferre~ Com3ensn~-, :.g,aL · Cash Total assets Liabdd~es Vouc~e:s ~',.;e to ct~er Cash and InJeres! SPecial Tot,~l J a~.h',,es $ GOB.315 $ 10.385.0,:0 $ 10.7283t5 S 345,9~0 S52.102 ~07 898 4C t ~67.5~6.215 564,290 1.753636 225.135 ~54 225162 63,1 1./26.356 ..... , ,~5 v3 .., 1,095793 S 3 %)9 8.:,i S 343 4 lg ,$~ S 3,:4.783.0~8 $ 2,635,626 m m m 1.3;'2.6C, 4 S I 021.527 $ 7tO.SG4 $ 1.683.727 5.72.i 5.t,?,i 5 ,'2,1 ~ n 1.378,388 $ ~ 027.991 S 7~6588 S 1,689.701 1,~95 S 695519 S 69G.51.1 S 400 ..... ' 316,016 I '~1 ~61 95j.:~1 732.7~,7 t 373.2~5 ~ 37 .... 8 5 1,7,:0614 S 1 420 301 $ I 589.701 2.403.gFg $ 2.276.610 S G.03,1,17~ 3~.732 7~79~ 760.Gg7 41,103 II.955 431.6~3 ,~19.397 24.214 q i? ~6 9 12,476 S 6.02L708 S 60;34:; 40'3,, ,' $ ?,:r!O;';.,1 $ 24.11 ~C,~J S 6111,970 ,.',,~ S 2441,7(;~ $ ~.11~.970 6 0;'3.:I! $ I I I 125 m m COLLIER COUNTY, FLORIDA ,..;'.¢',12:: ..'.') ', ;/,TEL'.Et,IT OF CHANG,'.-. S IN ASSETS At iD L'/,,:':t LI T;E,c', AI.L AGENCY FUNDS :-,,:< T.~iE F:,%CAL YEAR ENDED SEPTEMBER 30, lgg8 .~ .",8: u31 ," S Se&Or' 12,0.~1 592 '2 qqI.5'~2 $ 1~ 6~3,023 3~.45~ 773~52 755.331 47,077 lt.5~$ 431,513 .:1~.3~ 2,i.214 ~4!2 14 ~30 7.435 14.9.r, 7 1,~.~ 012 ',' ~ 593.545 3 2,'5 539 233,29¢323 ~3.1~,1 · ,I? .... u ;'4.743 35'1, ; 3 344 239 ~072.4:7 2.4~0 2~1 2.:4 S 2;,.:9~381 S .:5;.353 ?,5~, S .:;'/!;30c,45 126 $ ~ 919,304 ~ZI,489 1255683 ~378.986 5.551,170 5 111.970 5 THIS PAGE INTENTIONALLY LEFT BLANK I I I I ! I I I I I I I I I I i I I I I I GENERAL FIXED ASSETS ACCOUNT GROUP B,--._~,,.,.,,J GROUP OF ACCOUNTS IS USED TO ACCOUNT FOR THOSE FIXED THIS SELF ,I '","'I',~ ASSETS UTILIZED :H T?~.F_ PERFORMANCE. OF GENEFLAL GOVERHMENT FUNCTIONS AND EXCLUDE5 Ti !--_ Fi:' -2D ;-?,S-T. TS OF Fm, OPPJSTARY FUNDS '.ULLLEi-~ COUNTY, FLOF~IDA ! .-;r'--DULE OF GENERAL FI.,'ED ASSETS '"" CLASSIFICATION AND SOURCE SEPTEMBER 30, 199,3 Genera : ¢,"' , :x~u Assets: La-d ':dings Ir"2rovements other ~naq 2,.:Jcl:rigs Esui2ment C:.;struchon ~n .'tr,:g-ess TotaJ ~ ~-M ~,.~,~ d of County Commissioners S 31,596,889 100,254,456 40,503,715 38,090,885 5.555,937 S 216.001,885 S In'.'eslm. eat In General Pri:r to 101I,,'84 (unident;,fie:~ 10;1,84 to 9/30~88 After 10/1/88 from: General fund S:esial revenue runts General obligaaon F, evenue bonds Federal and Sta~e grant fun'rs :":2rietary funds 'De',eloper customer :3nrr'z ."ct enterprise funds Total investment q general fixed assets S 57,962,771 25,655,15z 27,394,638 7,895,137 62,239,174 73,376 759,775 777,515 216.001,885 127 6A2 22.258,520 22,258.520 $ 31,596,889 100,254,458 40,503,718 60,349,405 5,555,937 ~38.~'00.405 S 5C9,817 2,855,508 t7,142,415 1,743,780 S __2.2.258.520 S S 33.754,162 60,828.279 42,797,569 27,394,638 7,895,137 62,239,174 1,814,t56 759,775 777.515 238.260,405 I ! I I I I I I I I ! I I I I I I I I I ! I I I II i ,,., j,._Iv_R COUNTY. FLORIDA SChEDU~'-- OF GENERAL FIXED ASSET3 FU~;CTION AND CLASSIFICATION SEPTEMBER 30, 1998 '6A2 ~card of Court7 C~,m- s'- c.m:'s Ger',eral Pubhc safett Phys~Cm Trans~,oda:.~n Human ser',~ces Cu','.ur8 a%~ re zre-;:: Cons:rdg:,on m 2'33'-3_53 ©:"er T h :'.. n B ,FJ,r t:~ S 11.!53.242 S 43.955.948 S 3.706.3~5 329.415 25,272.8 ~S' 596200 371 c34 1.42.3.711 ,..'~03.,~5 · ' 244 ~25 564.927 22.919 Total Board o', S 105.8t0.393 S ,:3.503.718 $ 12.5~3.133 S 71,89~.709 11.390 477 37.588.981 I 795.441 9,197.411 2.715 214 14,647.885 45.S'i0 45,010 '352 =.03 11,£'B9,272 ~{.2,77 ~'j7 65.078 580 5.555.937 S 3B.CgS ~B5 S 2:6.001 885 She. If., Pub':: safety $ $ Tc',al S,,e .... $ S S S 22.255.520 $ 22.258 520 S S 22.25B.520 S 22.258520 Total General F~'e2 General gc.e:nr'-:"' S 11.553.2--2 PL, bh¢ ss'e:¥ 32~.415 Ph')'slcai enw'cr,--e~: ' 371.934 Trans~or',a: ~n I ' ,244.825 E.to,qom~c Human ser,",ces ' ~ ~'.6~2 Culture and res'eat s" C 5]7 881 C,~2StFUCI.O"I .q 2't ~r9-S$ TCiOJ "r'~r';O :,,.{'] 3¢ :,'.' 43.955.945 25.272.889 1.425.711 554.927 11.101.069 17.832.912 5.555 937 S 3.706,385 S 12.5B3.133 S 71,898,709 595.230 33.6,:~.597 59,547,501 4.603.325 1.795 441 9.197.411 22,919 2.715.2~4 14.647,885 45.~10 45.010 14.808 683.333 11.989.272 3~.560.080 8.877.807 65.078.680 5.555.937 S i05.813.3')3 S .... u,.,3 .... S ,30.3.;;.:J5 S 235.2~30 'nr: ,128 Sheriff Pubhc COLLIER CouNrY, FLORIDA '_-CH-Z72ZLE OF CHANGES IN GENERAL FIXED ASS:ZTS B'( FUNCTIO;', --OR 7-E FISCAL YEAR ENDED SEPTEMBER 3:3. '993 ! 35.0-17.515 2,5~.0.t2 226.527 8 g~5.522 225.307 5:5 ' 250 12.558.344 I.~ 1.387 364 225 43.:53 1.857 11.9C~.523 5.465 58 022.731 7.151 8~ 49.77.: Z~ b:5 8.040 764 6 492 301 6 23: S 20,'- 257 255 S 21 0'S2.053 S 325 OS3 S 55' :-<.,2 S · ;t '. 20 gg I a6.374 S 7' .~98.709 ~.-'~ 16.240 3 ?.5g~.981 9.143 9.19~,411 I 26~.171 14.547,885 45.010 7 716 I '.989.272 8~ 075 65.078.6~0 · ! 8.5Z0,903 5.555.937 952-1.522 S 215.C'01.895 20.24" ;20 $ 3.;24.6'S0 $ 1.1C,6 150 S S 23.2:? ;~'~ $ 3124.650 S '.~05"5~ < S S 22 258.520 I S ;'2 258.520 ! 3ene'a'gs,e-'~men: .'- 55£:2575 S 2.,2,.722¢ '~ ' S 211.955 5 z.L'" 571 S 1=6~ .37,1 S 7':o5709 1 ....... z.~,, 16.140 5~.~t7.501 ~h)~l en'l~r~r,~n: ~.g~7~'2 225.30? 5t5 ' 25g g~43 9 ~7.4~ Trans~at~cn 12.6~8.344 1,991.387 254 ~25 3~6. I 71 14.~ 7.~85 Econ~c en z~rcnment 43,153 1.857 45,010 1 Human serz, ces ~ I.~0 523 6,465 1.116 1 ~.989,272 Cultdre and rec'eahcn 5&022.737 7.157B~ 49.774 2~ ~5 88.075 65.078.6~ Ccnst~x:,cr, ~n ;rc;'ess ~ C~O "54 5 492307 6231 8.g70 ~3 5 555,937 Tctalcenera, fi,~;a~sets f 224 52' }~5 ~' ~' ' 65' 1 - - , ....m703 S 59~ ~52 S ?32 S gG:,t 522 S 23S 260 405 m I m I I 129 I I ! I ! I I I I I GENERAL LONG-TERM DEBT ACCOUNT GROUP 'TH;S SELF BALANCING GROUP CF ACCOUNTS IS USED TO ACCOUHT FOR THE UNMATURED LONG-TEP,,;.I INDEBTED;;ESS OF "T, ~E GOVERNrvlENTAL UNIT THAT IS NOT A SPECIFIC LIABILITY OF Ar~Y PROPRiET:.,RY FUND C~, TRUST FUND. GENEP-J',,L LONG.TERr,.I DEBT INCLUDES L~A'DiLIT~ES ,:-,RIS-',~IG FRDL1 DE=_,,,".. 1,3SU/4r,;CES AS WELL AS NONCURRENT LIABILITIES ON CAPITALIZED LEASE ©ELiG,',,TIO;.$ ,;,,;4D ;.CCRUED CO:.',PEHSATED ABSENCES THAT/',RE NOT CURRENT L:A-Z,,iL!Tt=,_'-3 F,-'-,OPERLY FEC©RDED IN GOVERI4r. IENTAL FU:,IDS: COLLIER COUNTY, FLORIDA :SCPEDULE OF GENERAL LONG-TEI?M DEBT cE, T[:MBER 30, 1 Re',enue bonds an~ cert~fisates of indebtedness Commercial pacer loan payable tjx:es payable Ca24ahzed le~se Obh~a'.,ons Total amounJ to be 2r..,v," ~"'¢...d fo; the rut~r.m.~:,: ,, "' of general Ism2*term debt Total amsun: a,'a :asfe and 13 be provided General obligation bc""'s Revenue bonos and oer1~flca',es of indebtedness Commercial 2:3:,er I,~?. tJctes payable Arbitrage rebate Cap;talized lease obi Accrued compensate'* absences ,Tota genera one-:erin debt ': -':2 $ $ S ' 559 ./1'1 038 237 3,02S,538 45.?;~.753 46,9~,753 4,1'; ,341 4,114,341 ,:' 445 41,446 2' 2:,7 31.397 I.' :-:' 355 ;25,531 1.311,535 · :- . ~3~ 43~.:".~0 3 37,217 277.44.: ~ ~r, 9 ..... ~ .... :- 38.322 7,4002~I : ~ ss:' r'Yq.. 425 ecg ..'~ ~.°'~8 217 277..444 -..~'~:¢ ~=0., 38322 634'32 302 55.~-'~'~.4'3 S 42596'3 S 3.~38,217 S 277,4.44 $ 458.280 $ 38,322 $ 73,196.071 3::: :00 S S S S S $ 3,080.000 :.:5: :' :,00 :.~" :50 4,122.000 -'~ ~,C, 7 .45.857 :' 337 31,397 ~ i~ :,55 ~Z5.581 1,311.53G ,, ......, 1/ 277,444 .,c1'. ,~ 2r~().. 38322 7,400 281 · ,~147,¢,:8 .......... S 435L00 S 382~217 S 2774.:.I S ,:f.':,?3 S '~3"'~ S 73.190071 130 I I I I I I I I I I I I .C'd-'D'.,'LE OF CHAr;GES IH GEHERAL Lf.)IIG.TF.R',' DE~T FOR THE FISCAL YEAR EIIOED SEPTEMBER 30 TC~[ genera! ob~i~at;gn bo",: s 6.100 000 - 2 .: 2C .O30 ~73 :m¢'o',ement 'evenue c,:" ¢ :~:c ~ I 545,030 · 205,000 $52 C32,:,al ~mprovemen: re,, c.- .e ':.f ~r ': ' 0 2';F':S 7.21 ~.0O0 - 275,000 1~4 Capdal ~mpro,.ement re,o' .e '.?;.-: 'q t.';-:s ~: 415.0,;0 - i~5 Road ~mprovement re'.e¢~e re'ct ;,r"; Sgn~S 5."~0.000 - 305,090 ~5 Guaranteed enbtiemen~ re.e',.e rs',.~: ~ b~r,d~ ~ 970,003 - 300,000 !~7 Special obligations re'/en~e refurd,~3 bord~ 13,000,000 - 2.500,000 9~7 Haples starm'.'.'ater assess-erst bSn.;S 1.570 0g0 - 75,000 To:al revenue bonds and ce~ ' of indebtedness Gl ,415.000 - 4870 general lena-term liab,hl,es C:mmer::al =aSer loan payat'e 5,~00.000 · 1,538.000 1~3 I-I not~ Payable 08,7~5 - 22,928 Ar: S-age rebate l;abH,t7 15.483 15,914 . Ca:4ahzed lease o~l,~at~ors 1,480.068 - 294,113 A:~rced ~mcensated absences 2,2~2.394 267.245 - --'n ~'~r-rn¢,n n¢~ '~,m .... o :~4 030 ~5 Rr' 1 c~4 c~* 1 Acer.ed ~m;ensated absences 335 303 !00 657 Total Clerk of C~rcu~t Cgg~ 335.303 100 657 131 . ,:~ Total Sh~r ff Acczued compensated ToJal P;ope;ty Asz,'B[ser To:al Tax Co;lc:::- Acc,~ed corn, pensa'.ed a.~sence~ Tctat general io.qg-~erm ca::. Ig,~g Marco ts:ar, d bm,:-.- .l ~e,qe:al cs;.~3';sn c;,r~Js 199~ Parks general cb~ .:a:~on refun~;n~ b'Jncs 1973 Improvemen: ~e',e-;.e cerbhcates 1902 Capi~l improvemeqi revenue refunding :Dn:s 1994 CaPital ~mprovemen[ revenue refurd,ng D~q~s igg5 Road ~mprovemer,: revenue refurdmg Donas ~gea Guaran:eed enD~emen[ reven=.e refunJ,ng b~za 1007 SPe~al obligation revenue refund,ne mcr. ds I ge7 Naples s:orm.,.'~:er essessmem ~Dr.% leg3 1-1 no~e ;aya~e Accoun[s payabre ArbitraGe re~8~e I,~bd tr Cac~t~l)zed Jease 05~,;? :-s Total gengr~t lot ~.",eFm Ce,b~ COLLIER COUHTY. fLORiDA :'CTM T"E :.SC;.L YEAP, E!JDED SEPT E'.',i,~ER 35 2 S 3 753 0-;3 S 79 *,?.: S 3.8.38 217 270 835 6,;06 270.338 243 768 3~4 578 683 37 957 6.605 ~'Z2 403 37.957 82,050,884 S 335 9.337.394 S 1.765 000 z.335 000 ~ 845.000 7.215.000 30.415 OOO 5. i 60 000 1.970.000 13.000.000 1.870.000 5.560 000 60.735 67 300 '5 493 · 72'3 83,3 'S 9t4 317 S 1,765,003 655.000 265.000 275.000 1.090,000 305,000 300,000 2.560,000 75.0O0 · 538.000 22 412 300 S 472.5~I S ~327.394 m 277.444 m 277,~44 m 125.~Sl I ! 33,322 38 322 m S 73.198 071 S 3.680 ¢00 I 1,580.C00 6,940.000 4,855,000 m 1,670,000 10,440.000 1,795,~00 I 4,122,0~0 45,~57 31.3~7 m 1,311.536 7,.i0~ 281 $ 73.19607! I 132 I ! ! I i I I ! I STATISTICAL SECTIOH STATISTICAL SCHEDU:.ES DIFFER FROM FIN&~4CIAL STATEMEN'iS BECAUSE U~U;-.LLY COVER /,'.CAE -.-.:Al'40~IE FISCAL YEAR *:;D MAY PPE?Et.IT i',!ON-ACCOLII..,!TING DATA THESE SCI-'I, ED'.._ES REFLECT SOCI/,-L AL;D ,'..:.CO~.'O!.~iC DATA. Al-ID Fh',IArlCI/',L TAEi.iD.S OF COLLIER CC COLLIER CbUNTY, FLOi 9©VERNMENT4L REVENUES BY .~;OU:<CE L4ST TF.N FISCAL YEA~$ ~6A2 I I 335 23,925.2:'3 7.6':2.;.5'~ 32'2 '.'23 7 £'57.0~`1 123,872,159 ,15 lg.3 ~2 26 64 ,C.v,:, c,-.~ 2.9,,q3.253 7.C': :.622 131,178.1.-.96 I;,:,4 75 5£~2-]~' :..22g.920 24.573.0.~8 , c,-,,.~ . 'o E: ' ,: g 18 7 ~ 3 2.2 5 S ic,a'''. 84 ,:~1 i:-* · "'~2.9g'3 2S * ' ~'¢ ........ O.,,-.,) ~0,5~ 5..::5 3,029.529 8.7,54 572 133,~,:8..125 % '}: ~ -'- 3 1.5 7 7 5 2.2 6.3 19:,-3 ~' 2.:'2.723 ~ I'_.5 33.5 27.72g,C~,3 '', ,.,.....~'~" "'5 .'~ 5 g.~,-:~7 8 53!.631 138,133,571 ': ~:. ~ .: 5 ~,~.1'~" ~ ~ 18 6.2 '.'.,:-: ,:,~ 525 2:~, '= -"_~ :27 2.: ,27.:.723 12.222.:.'.~ 3 ~,5~' i74 :2,472 3.'1 168,7,30,655 : :'2 ~ : ':'"') '-.'. '4 7'~ I I I I Sodrce Coil er C.c.~'.~ Com:",;"(.'~3 '.9 .,.',,~nd£ :,ri'racial RopOq. 133 I I I I 2 . h.s c;~ Econo"r~c Human Culture and F,.~ :.31 Ocr e'al Pub' c P ' ".~89 $ 18.952.395 $ ~-.~,2 .~-., $ o-,-¢ .... $ C 52'..039 S I 3g.3.4.17 $ 3.72-9.951 $ DebJ S 5.847.078 $ % 24 3 .:'3 -3 z 8 7.2 1 3 ".6 5 5 ~s 4 23.25737-- -'Z.CT~ $~5 '3 ,:£§ 346 6 ~2.957 2.053.5;'8 4 388~g$7 5,022.210 3.26~.385 23 2 43 g G 4 59 2 0 4 ."- 5.0 8.2 23 2 z~ 3 '' 0 5.3 1 1 ~..: 5.1 E3O 352 7.7 5 1 C 3 -: 3 g 0 -..a 49.108 704 ....... 3 ~52.423 4~7.433 5 ~52.953 2~ 5 41.1 5 8 6.5 0.3 4 8 6.8 575 4g,7~5,170 6 559.981 7 527,452 973.404 5,31t4~ 9.340.755 24 5 42.8 5.9 6.8 0.8 4 5 8.0 29.i 7~.~61 ~.~,~.~ ~" cc, 8 18.363,~85 ~ 352.063 1.672,~77 ..... ~ 54~ 4~2 12.243,918 ~7~ 128 6.5 1 2 39 8.6 C, 2' ~5~ C, 1 72 5'~ ~ --0.g43 "' 2}5.7~ I.z8~ 424 5 353.713 14.448.397 :35 42 ~ 52 7g ' 3 38 10.1 21.7 ~35 57 73 1 ~ 33 90 Ge-e-al. S2eca ~ ~ ~ ~n~ Debt Ser,.;:e F.rzs Operabng If2~s'o's o ~: ~2v~ been exChJ~Od [or all years ..,. 86 217 13.807.144 9.2 7 644.760 65 13.048.380 05 10 007.288 70 12,770,122 8,4 100.461.533 111.963.898 132 771.957 7.092.993 16,402,597 143.278.974 142.394.605 150.461 888 134 COLLIER COUhlTY. F LOR~DA 2FE;~,Ty T,t~ LEVIES AhlD COLLECi ('.~ fHOUSA~DS OF DOLLARS} LAST TEN FISCAL YEARS '64, 2 I I :=un:, T.~,e$ Co!lec~ed P~..?.rJ of To:al ~3.~3 ':3 ?'_O 5 C",3'3 $ 46 }-:3 $ ~.{2~ S .:7.gOl ;.5:3 g $ 25012 1933 152 122 5' 2"; f. 2.,:92 1.7C5 ~o ..'. "... ", 1933 ~ 7.:.664 C ~.22-: 62.,: ' 8 2.1 t 9 6.1.535 1994 I~5.6-:1 ':3.~'~2 63.823 2.219 66.052 1995 · ~-: 641 "' 5' 64.~ 72 2,28,1 67.055 g.t 33',G 380 1995 197,430 F~.~;q F~.~76 2.525 74.,:01 g4.,10S'~ 299 27 1997 202.203 :: ~ :~ 80.~73 2 57t 83,744 ....... ;.,.uT .~ ,136 40 19g~ 2~0.225 % 25] ~:.l 0,30 3 0~3 83.143 3,I 48% ,l.lg l0 ! I I Ad ;alo;er". :¢., es 'e,,e~ ,~22', crt; ~,~ g$.e'"rneptai fun:s under Vie CO,qtroI cf County Camm'ss one'.f, 6e',;r,~,u¢,:-.: :3x~s as ;,f Se?',e,mb*ar 27 ' ]-]-:~ 135 i I I I C(.)L'.JE':4 COUt;T',' FL©PJ].*,, tin T~O JSA;~:,.)S OF t. AST TEN FISCAL YEAR3 (Unaud,lodi 2 Year ~ggl 1992 E,' EMPTIOt S RaYo of Total V,'~.'.f 5 ,v T a','able Asse',sed to :6.8~I.215 S ~O~ t37 S 7407~4 S 863~ S 9253064 100% 12~4.1C3 S':~ ~';? 7~5 5~7 13.3:~ 10~2.704 100% 14,633.015 1.001 237 859G48 12.7~7 ~2 749.373 100% 18,4?g.~S0 ' i~ 319 529069 14 C~'~ '4 307.776 100% 15.74~.859 1 191 Ce3 ~58.62) 14 £-5 '4 546 382 100% 17.s~2': .... 2'~ '~ ...... ~,~r=,u 1.33g.154 16.72~ 15,313,053 100% 1~.~17.175 ~.523.942 :,C93.553 ~7.~72 15082.19.: t0O% ~9.~54 3:,4 '.5~8 024 1.145.728 18 07l 16.930.001 100% 2~.,.~:~2.~ '72~.].:2 1,280311 21.9~5 19,52g.076 100% 2z. Sg4.gg5 '&35.1,47 ' 34~ 129 25.235 21.342.594 103% ProperIy ~s assessed .as of JanuJr,/ ,m,, ~ ,, ..se~ asgossrnen',s are ;e,,'Jed and become due on lhe foJJm','mg November I. 'n~,'¢rn,,:,. ., ........ :~':.¢-'"'~":rr-~'~, ~,,..'; and 'ev,~s apJ;,cable lo a ce-tam ;a~' year 8re collected ~n the fiscal year end,ne during the ne,! succeeding 136 '6~2 qCLL~E~. CC, U',T¥ OTh?:;¢ I ~9S~ 3 3~.L2 L{!; '37~ 1 ,';C~.O 1994 3 6729 7~:3 '":. 0 0099 :9)5 2 SFaS ..*--'. E42~ 0 "Z~:,'?~ 3 5543 '.: 57' ~ :4 9735 ,::,2~- ': 2804 594! 14 5~33 ,:~01 13 5514 I 137 I I I I ! I ! I I i i ! I i ! I COLUER COUNTY. FLOR!DA :-;:~£C AL .:.,~SE$SL?_NT B:LLhNG~ AND L:.:,T TE'; FI.qCAL YEARS tL,,naud~te d) C.,'rar, t Currer, t R~'uo c,[ Tctal 253 7~7 S 1.310.353 ~37',~ S 5184 122 '::~= 52?: 1221 F~12 2. ! ::9~8 5,570.154 _~, ~ ,3, ..... ~ 2 2.222.545 2,970.481 133% 21,707,800 '.g;g.042 3.207,559 167% 18,9~3.490 1.953,081 2,307,329 118% 17, ~28.145 2,; 05,~ 54 2.956.5~ lZ0% 15.47 ~ .790 ' 304 401 3.~4 276 2~2~/; 15.474,223 ' 575 357 2.767.775 165% 13,599,305 $O,,Jrce' Coll~e' CoJn;y ,\ssessmen: Reca m,'ulat~on Rep2rt. 138 ,2 COLLIER COUNTY, FLORIDA '6A 2 I COMPUTATION OF LEGAL DEBT MARGIhl :The Cor, st4ut:on of the State o! F;or ~,~ :';¢q';a Statate 293.I~1 and Ceihet County set no legal C,3Lt I COMPUTATION OF DIRECT AND OVERLAPPING DEBT Se;ten-,bet 30. 1998 Percent Amount Net Debt Appl:ca~'e !o Applicable lo 0~' '""~"'"" --'"'' Ou',$tandina (1] Co!her C':'Jrqv 12) Collier Counh,' C~II er Ccur::,, Gereral O,bh~3: o,"., .:. ': - :s S 2 525.52g 100,C:% S 3 62.3.533 I ! I ! I {2; A22,~:ab!e :ersemage's ce:erin 'e: s)' [~e ra:~o of assessed va',uabon of properl; SUD~¢C~ I0 ;a~ ¢f~cn ,n t~e overl2pomg Mint to th~ valuahon of proDert/ su:~ect to taxation i~ t~e '~:cr; ~ ent,ty. 139 i I COLLIER COUNTY, FLORIDA RAT)O OF NET GENERAL BONDED DEBT · ', :,FZ. E3SE] VALUES AND NET ~ONDED DEBT i'E~ U%ST TEN FISCAL YEARS /Unaud~ted~ "64, 2 m m · 59 ~ '7:2 ~eb'. n- ,,, , n,) D,'bt Av..ldaNe [*~ !: i'~ahO ~.f ,t' SSOS'~ed ~4370'3 S ¢'~ S 13.200.007 $ 43523 S ..... C.. 1203:0 '',: ~.],: 'z 545 ~O 021 C,33 47.489 i~5 541 15.313 9,102.000 65,636 185 5Zl ~5 3~2 8.115,000 105,z23 ~97403 ~6~3~ 7 240.000 100.720 2S2 ~33 ' ~529 6. I00,000 88.9~0 ~,,.~'~ '"= .... *' ~, :~o 3.~80.000 q3 462 3,C26 ___ Bonded ;/:bt Per c. nPita 0 1,1 '~; S 9193 0.09% 71 54 0,08% 63 99 0.O/':, 57 ~0 0 06% 4841 0.05% 4291 0 04% 36.17 0 63% 29,63 00G% IZ26 i I m Scarces 140 COLLISR COUHTY. FL¢~RIDA DEBT SERVICE EXPEN'DITUR~.$ L&ST TEN F,RCAL YEARS ~nteremt '-C'~ ~.:1 O00 828.429 1.6~9.429 ~ [']3 858.000 737.,_46 1.595 046 ~34 ~ ~ 9.000 ,~1.009 1.600.00~ 1996 ~ ~0.CO0 .,.7.0.2 ~937 ~.140 [00 366.607 "6 A I I I I I I, I I Szurce C_..2',,,or C.'.nt~,' Comprcnonsr, e Annual F~nancNql Re~'ort 141 I [),:.,bt ,%~ .,q. d ~ .... m .n,.¢, I I ! ~ S: ~1 L~'335 ~ .a~13ble for · er.' ~e,e'~'Je ¢2) ~, :e~se~ (3) Debt Ser,~ce Pr,nc pal I"er,~s' Tota'. C.' **.~e f4) ~92~ S ~8274 2C5 ~ 55285~9 S ~2.865.085 S 1.31~.4:5 S 4 7592'* S G,077.C. 22 2.'2% ig~ ...C,. 2,57 : ....... :'~ ~:-~. :3205 u,'"~ 365233 ~' ;:c "'"._. 'eJ~ 2.:.~,~2~4 '- 337~54 ~3~53;.:9 ' ~3~233 ~ ¢723~' 7010630 I'.T , 19~4 3~,6~8 ~4 '~ ,535 20.45G.02~ 2.441.65g 7.C33.4~2 9,475.151 2 16% ~gg5 37 ~.0.~ "~5~ g'5 ~.~.~., .~ 6 225 5~2 . '977 a3.z.S3 125 '72~'~5 24 C51 ~7.3 3.7~2654 6 372.''~ ' ~' ~*~ 2 30% ;'Jb.1;'~ r ~*~ -*~ 6.11~,~=4 20g4c, q. I I I I ! I { I I C~ve'a.se aa'DJ'es to Ihe C: .'ti; ',',31e' and Se,,,er D.slnet. !,!arco Water and Sewer g,s'.r ;t and Ooodland Water D, slr¢,l. As of 1990, co.e,a':e a,so a~:., es t~ the re :~]* -aaf Water a'~d Se,",er D.str:ct i2; O;erat..ng revg~u.':s 2.u5 co" :r :acsme exclu$...c of e, lraor'J,r~ar'/ga "s 142 2 F, alt~r¥ Su'etv Bor. d 50223 S 2000 50,2.::~ 2000 59.223 2,~90 5022~ 2,000 50.223 2.000 95057 5.000 101,573 lO.gOo 81.287 5000 95.057 10,000 95.057 250.000 123.600 Blanket Bond 143 2 P~r 1995 ~I~r','. ~ .~ 5% 32578 31.222 .q, eS'~'d/ ~"¢:-a'lme'l: of C,' ' m,-.,r:e ,R~ale ot Flonda ~:rosS¢:J as ;i percenlage 144 ,:.,)LL',::,:~, COuIIT'F, FLORIDA ;,:~r :~:":-~TY ',';,LUE CO,'ISTRUCTION AHD BANK ~ liJ~udd~ J) Co".str,J~,', C' ar',d Property V,3hJe$ , c..,~':, 3: $ S 77.723 3:24 '5 ,'~:..b 19gg 352 5~.Cgg 3 C45 6.332 ~31 458 89,243 2.251 3.600 ~992 339 77.169 2 870 4.552 ' gg3 320 51 .~5~ 2,254 3.415 I g[,4 238 ~2.211 2.684 ~.073 192,5 2~6 47 72~ 14.191 4 323 1956 275 60.78g 14,555 5.001 'g~? 345 87,7~3 16.718 6,481 ~ 35g 125 ~Sg ~8.541 6.591 422.736 1 2', 521 241.487 25E~ 219 269.141 2.~?,215 303 851 2,057~33 ~g7.~I 2.7~7.~07 a75.?~9 2,573.99~ 529.834 3.1~2.346 60~.9~6 3.4~3.731 763 252 3.757,516 (4) F',:hda Banker's Assoc',a:~on. Sodr~:e Colher County Department of Comrnun,t) Development and lt~e FtonJa Bnnkc, r's As.~oclabon. 145 2 ! I I i ! I I 6 i r'J,',' qt,~'r, lx .",3 let FtC' t'3 ;~c,'~er & L ght H'."3 ~'¢ LTDPar'.ner2~2 CO ~' go ,gloDn'or.t Co'2ors'.,on ','; C Commumt es Lee County 61ec:r~o Co-O2 Lu~;g't TR. Ray~ond ~ Properly Percent gl Tad'es Total Lev,ed T axq~ Le ,qed I 021.261 050% 1.536.217 1.070.72,'3 0 34% ! 051 5~1 O g3~.844 0.30% 612 ~,~ O 57g.75~ 0 18% 565 g~g 0.18% 474.495 0.15% 4Og z~ 0 15% Tcta: S 8.922.25:) 2.81 TDtal ProDer¥ Ta,os LO,' ed $ 317.220.C5g m m m ,%o~,-:e Pro2edy ,*,.ppra, sot'~ laxp,%or hsbng in order Of t3xe$ I~,,,0 J 146 ,".qSCELLAriEOUS ST; ;;ST[CAL DATA SEPTE;,:BE:R ?,S l o ~27.7C9 1993 174~C4 1994 i~5 64~ 1995 ~6,641 1996 '~? zC0 1997 2C2,933 As ,of Sestem:.?r 32 ' 9_'.g 2 494. Number Of reG ~te'e'~ ~ctc's I ~ 3 4.:,3 :,.,ry roi T e %r'm Number of non.mstructonal ' 032 Number of tearJ)ers ~ 86,3 Permits ,ssued 21.705 Esbmalad construebcn c. osts S 942,347,040 Humber of s~bons 7 Number of emmoyees Cert~ed law enforcemem 450 Ce¢~ed ~rrecbon o~fi~rs 187 Ciwlian emD~oyees 249 Oe~fied Jud~oal employees 22 :,]umber of Stamens 2 ;Jura, bet of emr. tc;ees 11 Number of votunteers-aDPr$";ma:e I 0 M,les of streets 1 500 Number of street hghts Number of traffic lights Number of ~un~ mmntamed car.,s Number cf hbrar,eS 7 Humber of volumes in hbra~os 205.900 ',','OTC r. ,%'; ct,.;,, .,,o. Dgpartq'¢r t Numbe' .of water and SeWer 26 ?Z~9 Dad'z ',',a:er cr)nsumplegn Pea~,, season (c~lIon¢) 17,710 209 Miles of ,,,'Flier hnes 564 Lidos cf sandary sewern 656 Mdos of primal' and se~nunry drainage fa~hbos 313 I I I m I I I I I I ! I Source 147 H.qte~s acc O:he' Lcd.: '; ¢.8 .4.089 Hea~th Serv:ces 435 7 525 Business Ser.'~ces 553 4 336 F~nance. ms.~ra%e an~ ~ea ~4rd,t 870 5 320 Ser~ces - O~her 939 5 293 Serz~ces 2,926 27.375 Eating and Dr,nking P'.azes 438 5.88.5 Food. Sto'es 148 3.901 Aut3 Dealers and Ser..~ce S:a~ ohs 128 1734 Hcme FurnKure and Furn:sh:"3s 225 I 226 Reta:l Trade - Other 302 2.161 Ac2arel an~ A~.¢essor~ Stores ~ 95 ' Gene-al f.'e-chand~se S:2'os Z5 2.188 8u,ldm~ ,~,a'~',are ,'ina G,t',;,'.r~ 7q 033 ReLad Trade I 600 '9.329 Federal G;vernmenl 21 557 SLate Government 55 754 Local Government 22 7.564 Oom;e'nment g8 8,875 A~' nui:u-e. Forest,") ar': F,s'*e' es 4t2 Ccr, strucl on 1.057 t,la~fact'Jr,~ 214 Trans2o~at,~mCsmm.- ~at,:~andP.: : ~: :es 244 V.'holesa~e Tra~e 465 h'm,n; 6 O",her 2399 Tcta' 7.093 ' A.erase num'..or o' .'e:2 e em2'o.':,ed ,n ![,;.3. 5.465 9.163 2.583 2.261 ,48 21.818 77.397 148 COLLIER COU'J I. FLORID& SCHEDULE Or-' iHSURANCE ff~ FORCE SEP'rEMSER ~0. 1998 E ~. p~ro lion Aqn ual ~.roperty General f,.'"?,e'J 10 01 t1999 S ,'-,: ~ 525 t,crthf,eld IC. '* "~"~ ' c.~'.e. ~ { ,) 4:: .z~..vO Rc~al Su~l~.s ~ ncs ., "Pubhc O"' C'atS E'tc' & 55 gCO.CO3 occurrence: t,o-thfleld 10/01/1999 'lnclude~ m (I) Cram;ss ~s ag;re;a:e Excess P'c~e~y S224 213 456 x S1 O0O 523 C-~m & Forster 10'Ol/lfC*9 S 3 ',4 776 Ex.ss C~e 55:'9.003 X 505.050 -att'crC Insu;ance Co 10 Ol,'lgg9 S 1.762 Excess C'.me Sz C03 00C X 5:.3~3.000 Crum & Forster 10 01;1999 S 2 741 Autcmo~ e L,ab'!4¢ 51 .C,,?0.0O0 Accident~; Death S75 O~0 Un~awful 8¢,d hartford Insurance Co I0 31,t99g S 8 743 I~tenbonl A~rport [~abdJty SI.00O.000 per occurrence O d RegubhC Insurance 10 01;1939 S 9312 including Produc~s and Comgany .. Completed Operations A~r~afl L abfi,t7 52 C. 30.6'30 ~.AtJ 03 ~3/1999 5 (~ 700 ,nClu,J~ng P~ssenger gcder & '.'~ ........r, ~"~ ~7.3 C'30 ~er A~c~de"~ .... ford Steam gol;er '~,0! 1329 S ~ 636 Pc;lubon _ as,,:, ,~Z : 50.3C'3 5z 033 33'D .,chance_ tqat~oqa~ tO 01,199g 5 '.'.-..~39 [Sl0O, OC; Re:e-: Pubhc Offiz,a s ','3' PUS amounts Bonds ~3) Des ~8:ed ,-.,./~¢}~Excess %%~,ers' Ccmpensagon Statutort. WC Satet~ Nabonal 10,0111999 S 24.577 ~ '" ConJingert Malpraz:,ce S! 030.000 ~..il & Company 04/18;1999 S 9,197 Annual prem.um on Auto Lla%~,,l~ does rot ncldde 5her ff'S Lle.gartmerl (~) lncJg3~S rea~ ~c'52~o; ~ ,:3 2"',~,cA d,-~m~e in3r~ ~3' ~ e~'.. :"~gqJ e~tr~ oxperse. ~[};), r¢.a'.ercra!l, valuable papers and (2) Incluces Pub:,c cr,cra:s Et':'s ,Y, OmJss'onS. Med~c31A?,e-dards t.'a practice (3) Publ~: Off, c,a'S L,ab,l,ty 149 i I I I I I I I i I I !1 ;'r'E ,~:;GLE ALS~7, STAT~: SCHEDULE QF FINA/,~CIAL ASSISTt',t;CE SECI'ICII isRESENTS C-?-b'-,NT CO;'JPL;.:-,NCL" PEPC'RTS F!L~D BY COLLIER pr",' ,-, THE ,. ...... ~ ~ ~ ',','tT?-t FEDERAL r' r'~'~ .., ,....,. ,-": $" q, ',;':-N ~' .,,.., .. ,,:t iD STATE GO ,"ERNt,iEI ,I,'- RESPEC] I\"ELY THIS PAGE INTENTIONALLY LEFT BLANK i ! I I I I C()I,I.II.~I~, ('()L'.NT\'. FI,()I~,II)..\ S('tlI.~I)L'I.I:, ¢)I.' I.~XI'I.LXI)I'i'[/I~,I.~S ()1.' I:1.~I)I.~I~.\1 .\\%':\I~1)S I.'()I~, l'lll.~ I"ISCAI. YI.L.~,I~, I-~.NI)I.;I) SI.;I'Tt-;.~IBI.;V, ~(I. 1~)~)~ ~:~; .?' :?:~.? THIS PAGE INTENTIONALLY LEFT BLANK ~,, .:; i I I PO Bo~ 31002 St Petersburg FL 3373',-890Z PO Box 1,:39 Tampa, FL 336014439 Independent Auditors' Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With ()NIB Circular A-133 tlonorable Barbara B. Berry. Chaiq)erson and Distinguished Members of thc Board of County Commiss tuners Collier County. Florida: Cnmpliance We have audited thc comphancc of Colhcr County Florida wlth thc types of c~mpliance rcqmrcmcnts described in thc U.S. Office of Ma~mgemcm ami Budget (O,~fB) Circular .,t-I33 Compliam'e Stq~?lement that arc applicable to each of its major federal programs for thc year ended September 30. 1998. Collier County, Florida's major federal programs arc Identified in the summary of auditors' results section of thc accompanying schedule of findings and questioned costs. Compliance with the requirements of laws. regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of Collier Count.','. Florida's management. Our responsibility is to express an op~mon on Collier County, Florida's compliance based on our audit. We conducted our audit of compliance in accordance w~th generally accepted auditing standards; the standards applicable to financial audits contained in Gm,ernment /luditing Standards. issued by the Comptroller General of thc United States: and OMI?, Circular A-133. ,4udits of States, Lanai Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 rcqmre that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements roi'erred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Collier County, Florida's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does nol provide a legal determination of Collier County. Florida's compliance with those requirements In our opimon. Collier County. Florida complied in all material respects, w/th thc requirements referred to above that are applicable to cacln of its ma.lot federal programs for thc .,,'ear ended September 30.1998. Internal Control (%'er ('omphancc The management of ('olher County. Florida ts responsible for cslabltshm~ and mamt:unmg cftC'cure internal conwol over comphancc with rcqmrcmcnts of laws. rc~ulatmns, contracts, and ~rants apphcablc to l~dcral pro?ams. In planning and perforating our audit, wc considered Colhcr ('ounty. Florida's internal conlro] over compliance with rcqmrcmcnts that could bavc a dwcct and material cft~cl on a major federal program order lo dclc~inc our audilin~ procedures for thc pu~osc of cxprcssm~ our ~q~m~on on compliance and lCSl and report on thc mtcmM comrol over cm~q~hancc in accordance w~lh OMB C~rcutar A-1 Our consldcrauon of thc internal control over compliance would not necessarily disclose all matters m thc internal controi that might be material weaknesses. A material weakness ~s a conditmn m wb~cb the design or operation of one or more of the internal control components does nnt reduce lo a rclalivcly low level the risk 1hat noncompliance w~th applicable requirements of laws. rcgul;mons, conwacts, and grants Ih:it would be mmerial in relation to a major federal program being audited may occur and not be dcteclcd w~tbm a timely ~cnod by employees in thc nom~al course of pcrft~rmmg their a~s~gncd tunctmns. X~.e noted mauJrs'involvmg the internal comrol over comphance and ,ts operatmn that ,,'e cons,der to be ,hater,a, weaknesses. . Schedule of Expcmhmres of Federal Awards We have au&ted the financial stalemcnts of Colher County. Florida as of anti tk~r Ibc year ended September 30. 199$. and have ssucd our report thereon dated JanuaD' 8. 1999. Our audit was pcrfo~cd tbr thc pu~ose of tb~:n~ an opinion on the financml statements taken as a whole. ]q~c accompanying schedule of cxpend:tures of federal awards is presented liar pu~oses of addmonal analvs~s as rcqmrcd by OMB Circular A-133 and is not a required part of the financial statements. Such mfi~rmanon bas been subjected the auditin~ procedures applied in the audn of the financial statements and. in our opinion, is fairly stated. ~n all material respects, in relation to the financmt statements taken as a whole. This report ~s intended solely ]hr thc information and usc oI ( nlhcr awardme aucnc~cs and pass-thmtmh cnl~l~cs, atqd ~s not intended to be and should not be used by anwme manauemcnt and t~dcral other than these spcc,fied parties. ' Januan' 12. 1999 m T:tai Flcn,;,! .';e:ar'.me~: of .~mmum:y &flairs United States Department of Justice ::]: ;O 16 579 15 579 16 579 16 579 9g.CJ.SJ.CS-21-01-20t ~.rCJ.SC.O~.2%Cl-061 O~.DV-T:-C~.21-0~.020 514,219 3'8,825 ~02,7.13 36,19,1 277,500 ,I 17.,13 Z 72 140.850 29.488 56.555 19.973 246,896 112,668 35~ 564 1.694.00.~ c 2-;300pf~¢;or: cf A3r',cu'~u'e f, ¢or:s,JmOr Ser. :O Total United State~ Department of Agrmulture 152 '9 ~C .559 "'5 :o; V'? :' 'O :] s'.ric! C G621 625 548 7,320 13,231 214,023 23,1.574 235,122 (CONTINUED) · ,~t!.D'di [. ¢;I ~ >1! III;liUH[_S OF I t':DI:r.~^I PI E,...m · .... . . ~ T~.,.. F !::r(;At. ,,,': ,",p. F.N~DE ['] SE ' 'I'~C'~' .,.~ '6A2 for HatIonal and _C._'~m__m__uDi_tY_~ervice CFDA $ United S?t~e~_.DeY_,arLment cf Hcus,~ Ind,re:t Pro.atoms Flcrida Oe:a~ment of Camm .r t'~- Af;a,r$ Commun,ty DeYe~c.~me~l E~*-:~, Grar, t~ · Sma'; C;t'cs ProD'ams 225 ~2 527 '..'_.__O_~ 2r~jm._~_n' of T,ansportat~on United S,,3,es !nd,-ect Pr:g'ams ~'dJ Earl,camera ,~'%'.a¥ P:anmng an'J C:'~ :.;::on To;al CFDn, Total United States Department of Transportaion 20 2~5 PL.C313(3.S) 120.757 207.535 63.722 26~22~ 3g~.gg5 ;ederat Emer.~gnc¥ Total Federal Emergen:y Management Agency 9$.J.'.4H-0g-21-01.011 J. ~.4.410 45.250 455 45.705 538.854 United Sro_res OepartmenI of Heatth__~nd [~c;-ect Preg'ams SaulnwestFIcr;~3 ": . S2e;al Prc2'ams ':: :-e ~ ~ · T;t.e H' F,l't B - ]'ants SuDpom'.'~ Se~,tc~s ar 2 5amar Centers SDecm31 Programs fo' the :; n; - T~tle Ill, Pa-t B - Grants fcr' SuDood.','e Ser,.~ces ar: Seamer Tc:a~ CFD;, g3 044 16 327 9~,670 166.997 (COt,IT h'JUED) m I I I I m I m I I m i I I m 153 I I I '1- I ~ ' :~ T~,!~ F'.'., ?,',L Y[7;,q E;,'~£D SEPTEI,;[~FP, 30. Total IJmted Stales Oepartment of H~alth and Human $orvJce.~ II. t-,IO%hCASH FEDERAL FINA~;CIZ, L ASSISTA,','CE TOTAL - ALL FEDERAL G RANTGRS · ' C J C F '3 :, g3 0,:6 154 6A2 1,310 $ g.B")t ~O? 6A2 COLLIER COUNTY. FLORIDA r~C, TES TO THE SCHEDULE OF EXPENDITURE OF FEDL:RAL AWARDS F©R THE FISCAL YE.t*R ENDED -aD ""~"~ '998 HOTEl. GENERAL -no accompa~")'mg Schodu'.o of E×oor. c tums ,:4 Fr:d,~ru! A.varr;s ::-esents tho ac',,v¢,y for a' :e~e'_-'a.~ fi~a~c,al ass,stance orograms of Co~er County, Florida (t;e County). Tt~e Count/ ':-:o-t :'g enter'.,' ~s ceflre.'! ~''' r~ote i to t~e Cou',',y's general purpose finar'c~al statements [or the .e~' e"~ded Septem,oer g), :99;3 Alt federat :-,and',31 assistance rece~.'ed directly from fed.:.:& ~cenc;es, as ,.ve;~ as feders~ f,nar~c',al assistance passed through O',her government agencies are r, ci,.;ded m th~s schedule ,NOTE 2. BASIS OF ACCOUNTING The accompanying Schedu;e of Expenditures of Federal Awards ,s presented using tho modified accrual bas~s of account:rig, v/hich ~s Cescnbed in Note 1 lo the County"s general purpose na~c;al statements for the year ended S~2,em~r 30. 1998. I ! I I I I I I i I I I I I I C¢)I,IAER COL, 'I 5 Schedule of Findings and Questioned Costs Year ended September 30, 1998 I '1 I I I I ! Summary of Auditor's Results (a) A unquahfied opinion was ~ssucd on thc financial statements. (b) There were no reportable conditions nr material weaknesses in mlcrnal control disclosed by thc audit or'the financial statemcnts. (c) There was no mmcompliancc which ~s material to lhc financial statements. (d) There '.,.'crc no reportable condlhons or material weaknesses m internal control over major programs. (c) An unqualified opinion was issued on compliance for major programs. There wcrc no audit findings which arc required to be rcporlcd under Sccmm 510(a) of OMB Circular A-133. (g) Major programs: U.S. Dept. of Justice - State Criminal Ahen Assistance Program CFDA # 16.572 Environmental Protcctmn Agency, Slate Revolving Fund CFDA # 66.458 Federal Emergency Management Agency - Humcanc Georges CFDA tt 83.545 (h) A 5300.000 dollar threshold ;,.'as used to distinguish between Type A anti Type B l'rograms. (i) Thc auditcc did qualify as a ]m'.'-risk audllcc under Scctmn 53(I of()MB Circular A-133. (2) (3) Findinas Relating to the Financial Statements Reported in Accordance With Auditing Standards: None. Findings and Questioned Costs Relating to Federal Awards: (;ovcrnltlent None. CO 1.13 1'~1~ C() L:NTV, FI.f) I~,1D A SCIIEDUI.I'~ OF S'i'A'I'I'~ I:I.~A~CIAI. TIlE I.'IS£:AI ' h'i':;\l~ I(,'x'l)I':l) $t::I"I'I'L~I BI.:I~ 3(1, I t~98 THIS PAGE 'NTENTIONALLY LEFT BLANK 6 I I I I i I I i I I PO Box 31002 St. Petersburg. FL 33731-8902 RO. Box 1439 Tampa. FL 33601-1439 2. Independent Auditors' Report on Examination of blanagement's Assertion About Compliance With Specified Requirements I; ! I ltonorablc Barbara B. Berry, Chairperson and Distinguished Members of the Board of County Commissioners Collier Count.','. Florida: We have examined management's assertion about Collier County. Florida's compliance with thc allowable costs and other applicable reqmremcnts established in the grant agreements applicable to the State grants and aids appropriations identified on the Schedule of State Financial Assistance. for the 2,'ear ended September 30. 1998. included in the Management Assertion Report. Management is responsible for Collier County. Florida's compliance with those requirements. Our responsibility is to express an opinion on management's assertions about Collier County. Florida's compliance based on our examination. Our examinatmn was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and. accordingly, included examining, on a test basis, evidence about Collier County. Florida's compliance with ,.hose rcqmrcments and performing such other procedures as we considered ncccssa~' in the c~rcumstances. We believe that our examination provides a reasonable basis for our opinion. Our' examination docs not provide a legal determination on Collier County, Florida's compliance with specified requirements. In our opinion, managcmcnt's assertion that Collier County. Florida comphcd with allowable cost and other applicable reqmrcmen:s of the State grants and aids appropriations identified on the Schedule of State Financial Assistance during the fiscal .,,,ear ended September 30. 1998 is fairly stated, in all material respects. January 12. 1999 C :,LLIER CO~t;;Y. SC! IE,')ULE uF ST'A1 E F,'JA;ICIAt ASS:STAt,%: FaR THE FISCAL 'fEAR F..hDED 2 I I I I F.._LORIDA D =- PA ~ T ;J E.-!.'; T---O- AFFAIRS Sm3'.l '_,,t es PraT."'r"s G:an: - SHOO Dru,~ Cor. tr3t an~ S,.$tem lmoro','~m~: FC:~' Gram - SH.OCAP Dru~ Cor.:."a: ar,:: S. :;tom Im~r:..'emec: Grant · -"%HOC;,P 5urT_.~Js Grar.:- Street Ga-; STOP ~.' :, .ante -'~3 ns: ',',':men Civil ge~e,'se - State and Local tJana~emem As 5,:.:a~ce Or;II De'.~nse - Sta'~ a,"~ Lozal Eme'ge-:~ Ha:arCo:as Ma'.er a s EmerGer:'! Preeare~r, es~ and Trust F~r,J' Emerge:%/Pre;a,ecness and Assis:ac:e FLORIDA D=PARTMENTOF ELDER AFFAIRS Spe:,a; Pre;rams for t~e, A.~in~ - T,:'e Pa":. ?. · Gram~ for Su:~or',r.e, an~ Se,n,:r Centers Pal '3 - Grams far Su:pom',e, and ~en:¢r Certe's Spe: ~: Prag'a,'"'s for the ;.;rog PaX D · m Hame, Ser-.,m, es Ind~. Sae: a Programs for l"e, .~gin~ - T,',e ' ' Par. D - [n .".;me Set, roes Ir~,', L'.eC~2.~: V,,1 .er Alzr, e -er's: s-~e m,La:r.e' Alt'he "~er's C..sclse ]mt;.3tl~'e' Com-..mt,,, Cate f3r t,"e E der~' C: m-.r4v Ca'e f'}r ',r,e Flame Zare ,%' :re E!Ce':,,' Home :are let the E13ec'~ · 97.Z ~.3K.0 r..21.0 %t;33 ~.t 22-3 35-3 t 7.P56 ~;'A 75.:,;,..: 2,07.2 I.:: -'~47 :-.3 5'5 ];'..3j-0J.0g-2 ~.0'-:37 15 573 gB.CJ.gC-0g.21-9 :.060 ~5 5:9 3 ~.L;j-OJ-;, 3.2 t-C ' -: :' 1 '5 573 ; S.C j.£C.~,:..21.~_ ..',~ ~ ',5 55.D ,,.7 T.O9.2 i.S t.C,: 3 16 S ].EM.gH-0g-21-~:'-011 33 534 97.E 'J-]T-C~-2 h~'311 83 534 g~.CP-B','-0g-21.12-CC5 H A 97-CP-gS-09-2 ~-0 ~'g 11 c~ 044 aAA030 97 -~ C.;~:,253 -ga 93 34,- O;-,A930 97 g3 546 :,.',:~2:2 98 -:.2:46 ADtfi30 20 9.3 t; ~ ADI030 20 97 ':: ADI030 20 98 ,,,t A CCE332 203 97 CCE302 203 gS ;; A HOE030 40 97 r, A HCE030 40 g8 tJ A 157 ~C ~74 35.176 5' ~5. . gs~ g32 ~32 528 $ 132 ~2B 4:°59 45 . _,0 · 24.173 2:~73 134.G23 154 49.00? z~ 097 44.C58 ~: 9.450 ~ 450 '5 974 ~.17~ 4go.g3g 1,453 871 36.631 100.055 :°2.055 2.553 2.553 '.:g 701 gag 6.25? 145.496 5 257 :' 882 4.149 505 67 145,707 45.628 21.969 4 907 2~$,310 (COIiT:',;UED) FLORIDA DEPARTMENT OF EN'VIRON:,!ENTAL PROTECTION FCR:'r'i F,'~C;,L',E..'.PE;';'..EDSEP'FL'hEP ' '' '~ F,,2::qr;F 'T State Cor4racL: CF DA 5:ate ,~,,J,ee'*. TOI;)I ! I I 3tale Re/o~,;~ng Furd Sohd ~','asle Rec.,om; and Es.sa',,~n Sghd Waste T~re Grant ,','-~7-~ Sc~,~ Waste T~re Grant '.',"~5-i 1 bt:er Contro~ and Pre ,enho~ L~tler Coat,el and ~re ,enhon =RDAP - Sugden Par~' Exot:c Vegetabcn Removal' SP372 T¢Inl Fiond.~ Deaa,'Iment of En ,'ironment;U Prote;h';q FLORIDA DEPARTMENT OF EDUCATION S:hOO~ Lun:h - ~:,3~ C:-0338 ~ummer FCC3 Cer,':ce Prcg'am f:~ Ch,:z:eq - 1~7 ~4.~4 Summer Food Sernce Prog;am f;¢ Chddren - leg5 04.304 Total Flor;~a De:am.eh( of Ecutation FLORIDA DEPARTMENT OF REVEhlUE · : A 31 ', A 55 '. 4 ,'UA 77.. 1',' ~; A r~ 'A 90.030 lq'A ~2 gE0 :0 ~53 Cnd: Su;;ort Enfc:cement HZ514 93 563 515 444 S 6,591.853 $ 6,591.853 91.773 59802 77.117 10.,177 90.000 52.650 6.591.653 7.107.297 2.g;'9 2.929 i0.131 t0.131 5.2;2 5,272 18,319 18.319 2~.958 21.958 40000 40.000 99.609 98.609 11,009 ~1.009 m m l ! i I I I FLORIDA DEPARTMENT OF HEALTH REHABILITATIVE SERVICES ,.,e. ~al Set.ices Count/Ay.a::' Cg7-I 1 Emergency ' Emergency Medical Serv,ces' M5094 Emergency !.ted,cai Ser/~ces' M71 Total F!cnda Reha bd::a[i,,,e Ser.'~ces FLORIDA DEPARTUEHTOFJUVE'HLE JUSTICE i';rA r; 'A ASSIST · !mmokar.c,e' 23257 ASSIST · ASS:ST-t4acI~s. ' ~02~I ',A DRILL After:are DRILL Afterca-e .-'325 DRILL Res,dent'o[ DRILL Res,;ert.¢ ~tF,3Z5 '; A 3.648 4.3P, 7 60 6'9 053 ?0 717 7£3.753 52.584 3.645 4.387 60,619 830 20 837 95O 20.717 40.5O0 452.250 67,500 753 750 ! I I I I 158 (CONTINUED) m m I I I COLLIER COUNTY FLORIDA 5C-'EDJLE OF STATE FIt;:~:;OIA,'. A$SISTA',ICE FISCAL Y£AR ENDED SEPTEMBER 30. 1928 F~LORIDA D.~? SLa~e Aid tS FLOR,,DA D_~.",m,T'.tE'JT _OF T~A~:GPORTATIO'~ ~,LJl "r'%':C~ ''-' ~ ' H .~h.'.aI ~'~- lmmO',,-,alea A;'?.,:,,~. ,",',~ster Plan Marco Airoor, - t.:ar.§roxe Clearm] M~r¢o Airpo~ - ;.;aster Plan ,MarCo Aired~, · Terminal Bud~,nG To:at Flor,:a C~;3~ment o~ Trar. s;or, at,on FLORIDA OFFICE OF THE..ATTORH_EY GENERAL: FIcriCa :,:otc, '.'e" :;e T,~ef: Protecr:,r,' 95-030.g5 FionCa h'ot;r ','e.',::'~ Theft Prc:ect,.sn' gE-g33-%7 Victim of Cr"re A:: (VOCA) '. 6903 VJ¢[~m of Ct,me A&: P.'OCA) ¥?002 TOTAL STATE FINANCIAL ASS STAHCE ,'.P~ ~t59518~ 23 205 ,',P~ ~1595~gl 20 2,35 pS.gT-03-cg-o 1 23 600 ','~ ~I = 182] 324 N~A WPI =1823301 H'A N,'A 16 575 15 575 Th'ou,jh $ 2314:2 354,000. 443 B49 ;j ,'~': 93 605 52 169,720 10.509 337.8g~5_ 93 1G0.7~3 105~3 3.551 72,258 3 072 36~ 781.744 10,749 45.749 11.965 .... 72.094. 57498 8.1.059 10,749 46,749 11,g65 72,094 14~.557 S 3978.902 S 7759.~60 Sll.738.762 1,59 COLLIER COUNTY, FLORIDA tIOTES TO SCHEDULE OF STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 '6A2 I I NOTE 1, GENERAL I [] The a%cmcanymg Sahcd'Jle r,f $t0t'? Fin:racial Assistaqce mc uded berne represents the ¢c[i'¢Ry of all state fmancial assistance ~- ..... a (',he CcunW) as v, ell as Federal programs passe .'-t~',rough the State of Florida. programs of Coiher Count'/, ~'*'~" , NOTE 2. SCOPE OF AUDIT I State grant awards have been audited m accordance with thb State of Florida Rules el the Auditor General Chaplet 10.600, 'Audits ft~ of State Grants and A~d Appropriations" (Chapter 10.600~. Federal awards passed-through the State of Florida as ,.veil as grants [] funded by tho St3te of Florida are deemed susceptible ::) audit in accordance v,~th the provisions of OMB Circu!ar Comp,',ance Supp/ement (Revised June 30. 199'71 and;or Chapter 10,690. Final determmation that tho terms and c'md.bcn.~ Of State sf Florida grams have been complied v,'~:n rests solol¢ with ~he respective Florida ~rantor agencies. NOTE 3. BASTS OF PRESENTATION I The a:.':ompanymg Schedule of Sta~e Financial Assistance includes mon~os roce~,.'od durmg the fiscal year ended September 30, ' 1998. These monies are accounted for in the General Fund. Special Revenue Fund. Cap,iai Proiects Fund and the Enterprise [] Fund ts'pOs in the County's general purpose financial statements. The bases of ac;our, ting are d~scussed in Note 1 to tho County's genera', ouroose finano;al statements NOTE 4. RECONCILIATION OF FEDERAL THROUGH STATE RECEIPTS PER THE SCHEDULE OF STATE FINANCIAL[] ASSISTANCE TO FEDERAL EXPENDITURES PER THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Federal Thr°ugh Federal S~ate Net Grant E:,'penJ~ures Reco 2'.s Ddference Ex?lanalion ... :' Communit'r, Development Bl:ck Grants - Small OR:es Programs Orug Control and System Improvement Formula Grant - SHOCAP Drug Cont':l and System Improvement Formu:a Grant * SHOCAP Drug Conlr';I and System Improvement Formula Grant - SHOCAP Surplus . Drug Contrpl and Sys',em Improvemem Formula Grant - Street Drug Cent:el and System Improvemem Formula Grant - Street Gar? Surplus STOP V~c e%e A~ams~ V,"cmen Civil Defer.:e - State and L%a[ Emergency Mana;ement Ass~stanze Special Pro;rams for the Ag ng - %tie Iii. Pad B ~ Grants for Suppod".e Ser.'~ces and Sener Certers Special Prp_:rams for the A9 r,g - T~tle ill Pa"t B - G;a"t.~ for Supped ,'e Sen,ices and Semor Centers Special Pro?ams for t,~e Agmg. Td[e III. Pa.'t D - In Home Sorv~ce~ for Frail eider Indr.'~dua!s Special Pro.trams for the A.:. %, - T,::e III Pal D .m ~3me for Frail O~der State Revc'vmg Fund School Break,~ast - 1997 School B~e?Jast- :9]'=- School Lu":n - I997 School Lu:" :'" - 1998 Summer Fs;d Serv,ce Program fFr C.r, .:'em - i ..[,~7 Summer Fccd Se~'~ce Pre]ram f,:.~ Ch ';rer', - Child Sup;sd Enforcement DUI Enforcement DUI Enforcement H,ghway P,~ning and Construcbon Highway Panning and Construcbcn Highway P;anmng and Construcbon MPC 420 H;ghway Safety Funds Victim of Crime Act (VOCA) Unified M~t'.:abon Strategy Forestry Sta:e Grant S 132.527 S ~32.~29 S (301) 24.173 (24,173) 140.850 134.~28 6.222 29,488 12 906 16.682 56,585 49,307 ?,578 '9 g73 .... 19.973 * 2.6~8 4.: 553 68.610 9.450 (9,450) 15,327 35.531 (20,304) 03,570 'C.?.;55 19.385) :.310 2.553 (1.243) Expended in prior year Expended in prior year Expended but not received Expendod but not received Expended but not received Expended but not received Expende,! but not re.sewed Expended m pr,or year I I ., .,..:)7 17 tJnit reimbursed I ¢- 274 ¢ 0,'.~,- .625 552 29,773 Expended bul not received 2.929 f2.929) Unit rmmbursed 7 320 iC,,131 (2.811) Unitro~mbursed I 5.272 (5,272) Unit rmmbursed I 1323~ ~.319 f5.088) Unit reimbursed .~.x~ (21,958) Expended m prior ye~lr 214 023 40000 174,023 Expended but nol received i 12,184 11.30D 1,175 Expended but not received i 2.?.700 (20,709) Expended in prior I 133,767 93.60,3 37,~61 Expended but not rocetv~ . 52.360 (52,360) Expended in prior year 207,506 150.720 46.786 Expended but no~ receiv~ 60,122 ' 60,722 Expended but not recelv~ 10,500 (10,500) Expended in prior year 11,965 (11,965) Expended in prior year 455 455 Expended bul not 548 548 E~pended but riel roceiv~ $ 7.875,053 S t,603.776 $ 271.27~ 160 Unit reimbursed Unit reimbursed Unit reimbursed ! Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLI[~ COUNTY COUWD~OUS[ 31,~$ I&MIAMI TR,ML [ASI PO BOX 413g~ N~LE5 FLORIDA~41gI'3~4 CI,qCUl! COUr.' 7 COUNTY COURt COUtllY RECOPDER Ct=_RK BOAOD O: COUNIY COMI,413310t~E R.,q January 12. 1999 5IANAGEM ENT ASSERTION REPORT \Vc hcrebv assert that Collier County complied with allowable cost requirements and other applicable requircm:nts o£the grants and aids appropriations identified on the accompanying Schedule of' State Financial Assistance during thc fiscal year ended September 30, 1998. "'-'"' ' ' C~rk(5~ thc Circuh Court County Administrator l-'T-~n~s L. Mitchell, CIA. CFE. CB,;", erl~ ~rector of Finance Sh THIS PAGE INTENTIONALLY LEFT BLA/,IK 0~ I I ! ! I I I I P.O Box 31002 St. Petersburg. FL 33731-8902 RO. Box ~439 Taml~a. FL 3360t-1439 2 .4' I I i i Management Letter Honorable Barbara B. Berry, Chairperson and Distinguished Member.~ of thc Board of County Commissioners Collier County, Florida: We have audited the general-purpose financial statements of Collier County, Florida as of and for thc year ended September 30, 1998, and have issued our report thereon dated January 8, 1999. In planning and performing our audit of the general-purpose financial statements of Collier County, Florida, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. An audit docs not include examining the effectiveness of internal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A material weakness is a condition in which the design or operation of the specific internal control components does not reduce to a relatively Iow level the risk that errors or fraud in amounts that would be material in relation to thc financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. However, we noted no matters involving internal control and its operation that We consider to be material weaknesses as defined above. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government /~uditi,g Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of governmental audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General require that we comment on whether irregularities reported or recommendations made in the preceding annual financial audit have been corrected. The status of prior year comments is noted in Appendix B. Current year recommendations are noted in Appendix A. As required bl,' the Rules of the Auditor General. we determined that Collier County, Florida's fiscal year 1998 annual financial report, and which was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agxeemcnt with the audited financial statements for the same period. Further, as required by the Rules of the Auditor General, the scope of our audit included a review of the provisions o[ Section 218.503(l), Florida Statutes. "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that Collier County, Florida met any conditions indicative of a state of financial emergency as defined in that Section. Thc Rules of thc Auditor General also require that we report on Collier County, Florida's legal authority or enabling act. In that regard, Collier County, Florida ,,,,'as established by thc Constitution ot' the State ol' Florida, Article VIII, .Section l(d). This report is intended solely for thc information and use oi' Collier County, Florida and applicable fedcral and state agencies, and is not intended to be and should not be used by anyone other than these specified parties. January8,1999 6A2 Current Year Comments and Recommendations Appendix A EMS Billings for EMS are transmmed to Finance via a manual proccss. A direct computer interface provides for a more efficient process and effective control. Additionally, during the year billings for EMS were not recorded in a timely manner which resulted in two months whereby revenue was not recognized. The revenue was accumulated and recorded in a later month. The cause of this issue is the inconsistency of the Department of Revcnue's several billing systems. System problems have led to the Finance Department's staff spending unnecessary time reconciling errors and adjustments, We recommend that the Department of Revenue consolidate systems and operate From a single module that interfaces with the Finance Department. 'I'he external collection agencies for EMS have been unable tc provide KPMG or thc Department of Revenue with a detailed subledger for all accounts under control of the respective agency. We recommend that the Department of Revenue and the Finance Department perform a complete reconciliation of all accounts that are being held by collection agencies. The Department of Revenue and the Finance Department have been unable to provide KPMG with detail regarding all accounts greater than two years old. It is the policy of the Department of Revenue to propose a write-off to the Board of County Commissioners for all accounts that had no activity for two years. We recommend that this analysis be performed by the Department of Revenue, Amounts received by collection agencies on over due accounts arc being booked to revenue when received. These amounts were already recorded as revenue when the receivable was set up. We recommend that Collier County thoroughly review thc process of when the County applies cash rece;pts from the collection agenc:es. Investment Portfolio Composition The County has exceeded maximum allowed investments for their bankers acceptances at September 30, 1998, We reviewed the policy noting that only 10% of total investments were allowed to be in bankers acceptances. At September 30, 1998. the County held 14% m their portfolio, We believe that the investment policy may need to be updated to meet the current needs of the County. We believe the County could develop more reasonable percentages based on the investing activity of the County. Retainage Payable The County had a rctainage payable amount on the books that related to a closed contract. We recommend that the County implement a more active monitorqng program for thc retainage payable amounts. This involves more commumcations between the Finance Department and the Public Works Department. 'Dais would ensure thai contractors are paid amounts duc to them in a more timely manner, This would also ensure proper accounting for outstanding retamages, i L! ! ! 6/12 Appendix A, Cont. Impact Fees Escrow During our rcvicw of Impact Fees Escrow. we noted amounts dating beyond deposit periods that should possibly be refunded. We suggest that management in finance and user departments communicate more effectively to ensure liabilities are property stated. Accounts Receivable Currently the Finance department does not monitor delinquent miscellaneous accounts receivable. As of September 30, 1998, there is approximately $300.000 in misce}laneous accounts receivable over 90 days. Some of these receivables date back over one year. We recommend that the Finance department implement a procedure to monitor delinquency and collectibility for miscellaneous receivables. Grants During thc fiscal year, the Count), received grant funds from FEMA. It was noted that: · The County has formal procedures for reporting regular and overt/mc hours workcd; however they were not being followed with respect to the FEMA grant. · Some instances were noted where there was a significant lag in the payment of overtime and other expenses; however amounts were submitted to FEMA for reimbursement. · Instances were noted whereby expenses that were initially submitted for reimbursement were subsequently identified as not allowable under the grant. We recommend that the Board establish the policies and procedures and communication necessary to ensure that all items reimbursed by FEMA, and other grants, are allowable and paid in accordance with the grant. The ['ollowing represent prior year findings that wcrc not yet Implemented in the current year: Revenue Collections Process The County collects approximately $76 million annually from charges for services, impact fees and other miscellaneous revenue. Most of these revenues arc collected at the County's Department of Revenue. We noted instances where thc amounts charged to the County's customers for impact fees, permit application fees, and miscellaneous servmes (c.g., photocopying) were either inconsistently or incorrectly computed. Thc County could improve internal control over the cash receipts function by ensuring that: · Employees are properly trained with respect to the amounts to be charged for services rendered. · The amounts charged are properly posted. 2 Appendix A, Cont. · computed.The customer receipt includes a description of the item or sen/ice sold and how the amount charged was · Water and sewer impact fee agreements between the County and developers are properly executed and that the fees are properly charged in accordance with the apphcable ordinance. · ordinance.ClarifY the County's current impact fee ordinance and correct any deficiencies that exist with the · suchRCqmrcmCntas supcrv~sorythat thereapproval.be a control established to verify the calculation of thc assessment of impact fees, There were still several discrcpancies found in the current )'ear audit in the amounts charged for impact fees. Year 2000 System Issues As the next century approaches, there is a grooving concern about data processing difficulties being created by date codings of transactions for years after 1999. For example, some computer systems w/Il read only the last two digits of the Year 2000 and interpret the date as 1900: others may not recognize the value and display an input error message, and some may crash. We are aware that the County is in the process of making their applications Year 2000 compliant, but would like to emphasize the ~mportance of this conversion. The greatest risk tends to be with customized mainframe programs, including new ones. Standard packages, software covered by maintenance contracts and microcomputer programs generally involve less risk, but they may also have shortcomings. Programs. data files, system interfaces, electronic and wr/tten reports, networks and hardware can cause problems for functions that use or ca[culate dates, times and ages. Upgrading will involve, in many cases, thc replacement of systems and/or extensive reprogramming. Before 2000. thc greatest risks will involve forward-looking information such as lease contracts, future effective insurance policies, present values, cash payment/collect/on schedules, deferred revenue, depreciation, long-term claim payout analyses, budgeting and forecasling. Other problems may not surface until the next decade when historical data begins to include Year 2000 transactions (e.g., in policy master files, aging reports, accruals and payroll). The Year 2000 still remains as an issue for the County as a whole. We recommend that the County perform the following: The County MIS departments have a formal Disaster Recovery Plan (DRP) in place. It is recommended that this plan be tested to ensure it is sufficient. The goal of the DRP is to improve sta ffresponsivcncss, ease confusion, and provide for logical decisions dur/ng a business interruption. 6/1 Appendix A, Cont. · Y2K issues discussed during the departmental meetings are not documented. Minutes of the departmental meetings should be documented. Minutes of committee meetings could help the County substantiate that a responsible Year 2000 remediation effort was undertaken in the event Year 2000 related liability suits are brought against the County. Fixed Assets The subsidiary ledgers supporting fixed assets require many manual adjustments to reconcile to the general ledger. The majority of these adjustments are the result of the transfer of assets between various funds. The County should consider implementing a system that can track all movements of assets via the computer. In addition, the County should periodically reconcile the amount of capital outlays to the fixed asset listing, and this listing to thc general fixed asset account group or the proprietary Fund fixed asscl account. This would assist in ensunng proper recording of account balances at )'car end. as well as ensuring all fixed assets are accounted for w~thin thc correct fund t)T~C. Prior Y~r Cotangents Appendix '1 Closing the Books The County significantly ~mprovcd the closing thc books process during fiscal 1996/97. We noted several opportunities to further enhance thc pro:edurcs implemented during fiscal 1996/97. The County should consider thc following: · Pcrio&c (c.g., quarterly) rcconciliatmns of account balances with respective constitutional officers. · Reconciliation of the water and sev,'er accounts receivable general ledger accounts on a monthly basis with the accounts receivable aging report prepared by the Department of Revenue. · Review the comprehensive annual financial report during off-peak periods for opportunities to streamline disclosures. · Perform a time survey to identify peaks and valleys in the staff's workload which could create opportunities to move some of the year-end closing processes (e.g., fixed asset accounting and other standard accruals) to slower times of the year. · Ensure all general ledger accounts are reviewed and reconciled at least quarterly. · Develop a year-end closing computer template lhat lists the financial information required of the constitutional officers and the related reporting deadlines. In the current fiscal year, the County has significantly improved upon its procedures when closing the books. Internal Service Fund The County operates an 800 M[Iz system for communication for various user departments. The operating fees are accounted for within a capital projects fund. The actual operation of the communication syslcm is more closely related to the type of activities typically accounted for in an internal service fund, The Board should consider accounting for user charges within an internal service fund. An internal service fund was not established for thc 800 Mllz system as it was not management's intent to recover costs from thc departments using the system. With no user charges, the internal service fund was considered unnecessaD'. Information Svstems Control Review In a complex information systems environment such as that of Collier County, it is essential to establish and maintain organizational controls to ensure system integrity. We noted organizational controls to be adequate. However. one exception noted was that the County's Internal Audit Department does not perform EDP audits over any of the data processing departments. EDP audits should be performed on an annual basis, Management has hired an EDP Auditor to start performing EDP audits. il Prior Year Comments Appendix B Closing the Books The County significantly improved the closing the books process during fiscal 1996/97. We noted several opportunities to fur, her enhance the procedures implemented dunng fiscal 1996/97. The County should consider the following: · Periodic (e.g., quarterly) reconciliations of account balances with respective constitutional officers. · Reconciliation of the water and sewer accounts receivable general ledger accounts on a monthly basis with the accounts receivable aging report prepared by the Department of Revenue. · Review the comprehensive annual financial report during off-peak periods for opportunities to streamline disclosures. · Perform a time survey to identify peaks and valleys in thc staff's workload which could create oppommities to move some of the year-end closing processes (e.g., fixed asset accounting and other standard accruals) to slower limes of the year. · Ensure all general ledger accounts are reviewed and reconciled at least quarterly. · Develop a year-end closing computer template that lists the financial information required of the constitutional officers and the related reporting deadlines. In the current fiscal year, the County has sigmificantly improved upon its procedures when closing the books. Internal Service Fund The County operates an 800 MHz system for communication for various user departments. The operating fees are accounted for within a capital projects fund. The actual operation of the communication system is more closely related to the type of activities typically accounted for in an internal service fund. The Board should consider accounting for user charges within an internal service fund. An internal service fund was not established for the 800 MHz system as it was not management's intent to recover costs from the departments using the system. With no user charges, the internal service fund was cons idered unnecessary. I Info rmation Svstems Control Review In a complex information systems environment such as that of Collier County, it is essential to establish and maintain organizational controls to ensure system integrity. We noted organizational controls to be adequate. However, one exception noted was that the County's Internal Audit Department does not perform EDP audits over any of the data processing departments. EDP audits should be performed on an annual basis. Management has hired an EDP Auditor to start performing EDP audits. '6 2 Appendix B, Contl Fixed Assets In 1996, thc Board made several acquisitions of property to be used in operatxons. These acquismons included a building that had a si~,mificant piece of land attached. However. the entire purchase was treated as a building and the total land and building cost is currently being amortized. The County should separate the cost of the land from the building to ensure amounts are properly reported over the life of the asset. Guidelines have been established for fixed asset recording in order to ensure that assets of a depreciablc nature are not combined with non-depreciable assets. No instances of incorrect combining of assets were noted during fiscal year 1998. Amortization of Contributed Capital Contributed capital is currently being amortized by the County over 40 years based upon the net book value rather than the total contributed amount. In additioh, all contributed assets are being amortized over 40 years without regard to the actual expected useful life of the assets. The County should amortize contributed capital using the original value of the contributed asset. Also, the remaining useful life of the capital contributed should be monitored and used in the amortization process to ensure that contributed capital is properly stated. The investment of time required to adjust contributed capital to a more reasonable value was dcterrnined by management to not be cost beneficial. Management is currently assessing thc feasibility of using a rational estimate to achieve a more appropr/ate valuation. Capital Project Budgets For fiscal 1995, the County appropriated over $74 million for capital projects, of which $30 million was expended. Many of these projects are constructed over periods in excess of one year. The funding sources are typically non ad valorem taxes and/or impact fees. The County should budget all capital project funds on a project basis and discontinue annual appropriations. The County should consider a five-year capital budget. A five-year Capital Improvement Element was adopted for fiscal year 1997. The County is currently exploring the feasibility of discontinuing annual appropriations for capital projects and budgeting on a project basis. Grants Administration Controls could be improved by establishing procedures over accounting for and monitoring compliance with grant requirements. It ',vas determined that these controls are in place in the current year. bt E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT CO[UER COUNTY COUrtHOUSE 3.~1 TAMtAMI TRAJL EAST RO. BOX 41304.4 NAPtES, FLORIDA 34 I01-30A4 CIRCUI! COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONE RS April 8, 1999 Mr. Donald M. Jones, Jr. KPMG LLP Barnett Tower, Suite 500 One Progress Plaza St. Petersburg, FL 33701 Dear Mr. Jones: We have reviewed your firm's Management Letter regarding the audit of the Board of County Commissioners, Collier County, Florida for the fiscal year ended September 30, 1998. In accordance with Chapter 10.550, Rules of the Auditor General and Section 11.45 of the Florida Statutes, your firm's Management Letter and the attached written statements of responses will be presented to the Board of County Commissioners on April 13, 1999 along with the presentation of the Comprehensive Annual Financial Report. The attached statement contains a response to all of the Current Year and Prior Year Comments and Recommendations listed in the Management Letter. Respectfully, James L. Mitchell, CIA, CFA, CBA Director of Finance and Accounting I Current Year Comments and Recommendations The following are responses to recommendations ttmt were identified during the annual financial audit: EMS Management agrees that electronic interface for EMS billing and collection should be set as a goal. The Department of Finance and Accounting will discuss this with the relevant parties. Meetings have been held subsequent to the financial statement date with the Department of Revenue Services and EMS to determine a solution to the billing and collection problem. Management now feels that efficiency has now been increased by discontinuing the use of multiple computer systems and by opening lines of communication between the Department of Finance and Accounting, the Department of Revenue Services and EMS. With respect.to the collection agency, management will require that account information be provided on a monthly basis to Collier County. The Department of Finance and Accounting is currently reviewing its method of accounting for EMS receivables, revenue and the related allowance for doubtful accounts. Investment Portfolio Composition Management feels that the comment should indicate that bankers' acceptances became 14% of the portfolio as the other investment categories decreased significantly due to cash outflows during September 1998. In effect, bankers' acceptances represented 4% more of the portfolio as other sectors matured and were used for payment of obligations. Management concurs with the finding that efficiency would not be served by divesting of prime investments simply because other areas of the portfolio changed such that percentages fell marginally outside established guidelines. By divesting Collier County would then expose itself to market risks by having to reenter the market. Management will research the feasibility of updating the current investment policy. Retainage Payable Management concurs with the recommendation, and has subsequently adopted a process whereby, on a semi-annual basis, the Department of Finance and Accounting will send a complete listing of retainage payable to each department. The departments will verify in writing the status of the retainage being held for County contracts. The Department of Finance and Accounting is required to have proper authorization from the respective department before paying the contractors any amount due. This procedure should ensure more efficient monitoring and more timely payments to the contractors for satisfactorily completed contracts. ! Impact Fees Escrow Management concurs that there needs to be better communication between the Department of Finance and Accounting and user departments to ensure that impact fee escrows being held by the County are accurately reported. The Department of Finance and Accounting will continue to provide up to date listings of escrowed impact fees to the appropriate departments so they may determine if any refunds are due. A process has been set up, subsequent to the financial statement date, whereby prior to year end, the Department of Building and Review and the Comprehensive Planning Section will review the impact fee escrows to determine the monies that need to be refunded. Accounts Receivable Management agrees that the issue of delinquent receivables needs to be addressed. In the next fiscal year, management will work on determining the collectibility of delinquent receivables as well as establishing a policy for monitoring receivables. The creation and success of this policy will be wholly dependent upon the cooperation of the Department of Finance and Accounting and the County Department who initially billed for the service. 2 ! Grants Management concurs with the finding related to formal procedures and will take the necessary steps to ensure that in the future, established procedures will be applied consistently in all cases. Management contends that the per/od relating to the FEMA reimbursement was character/zed by an overlap in fiscal years and pay periods. The combination of these situations created significant complexities. In the future all efforts will be made to minimize lag in reimbursable payments. Management contends that while the reimbursement request did contain errors staff identified the errors and took the appropriate action to amend thc reimbursement request. As such, we feel that while our FEMA procedures involving timing need improvement, those involving accuracy are adequate. -! I 1 I i! 'l Prior Year Comments and Recommendations The following represent responses to management comments regarding prior year findings that were not yet implemented in the current year: Revenue Collections Process While Collier County docs collect approximately $76 million from charges for scrviccs, impact fees and other miscellaneous revenue it would be misleading for the financial statement user to be left with the impression that all amounts charged and collected are determined by the Department of Revenue Services. Management agrees that control over the revenue and collections process, needs improvement, but contends that improvement has taken place during this reporting period. The diversity in the departments represented by the $76 million creates complexity in establishing consistency. Furthemmre, the collecting department cannot always detect discrepancies because the amount to be charged was established in another department. In short, while collection is centralized, billing is not. With respect to impact fees, further steps will be taken during fiscal year 1999 to ensure consistent reporting of this material source of revenue. Meetings between the Dep,'mmcnt of Finance and Accounting and related County personnel will be conducted with the goal of solving the impact fee issue. Year 2000 System Issues Management is well aware of the significant exposure that exists regarding the Year 2000 issues. Management has completed an assessment of this exposure and is now in the process of modifying, replacing and testing its computer systems in order to insure that its systems will function properly with respect to dates in the Year 2000. The County's MIS departments have formal Disaster Recovery Plans in place. These plans include staff responsibilities and data protection procedures. These plans were tested during the preparation for Hurricane Georges. While Hurricane Georges did not hit here valuable information was learned mid will be adopted into the Disaster Recovery Plan. The County is building into its Year 2000 preparation a program to focus on emergency preparedness that relates to potential Year 2000 disruptions and emergencies. In the future all Year 2000 departmental meetings will be documented to substantiate that a responsible Year 2000 remediation effort ,,vas undertaken. This documentation will be beneficial in the event ora lawsuit against the County regarding a Year 2000 issue. Collier County has an overall project schedule for its Year 2000 compliance program that is broken down by major deparlmcnt or system and the status of each individual area. Management also recognizes the value o£ thc suggcs.ions to include thc completion dates and contingency plan trigger dates to ensure that the plan remains on schedule. The program will also be modified to include thc classification of needed resources into internal, external under thc control of the County, and those completely dependent upon the activities of external parties. In addition, management cites Footnote 23, in the fiscal year 1998 Collier County comprehensive annual financial report, as evidence of its awareness of the impact of the Year 2000. The Year 2000 impact disclosure was created in accordance with Governmental Accounting Standards Board Technical Bulletin Number 98-1, "Disclosures about Year 2000 Issues". Fixed Assets Management recognizes the inadequacies of the present fixed asset system and intends to acquire a new comprehensive financial accounting software package. This package would include a fixed asset module to further automate the fixed asset accounting process. With respect to the other recommendations, the County does periodically reconcile the amount o~' capital outlay to the fixed asset listing, and also to the general fixed asset account group or the proprietary fund fixed asset account. This results in the proper recording of account balances at year-end with the fixed assets being recorded in the proper fund type. 1 (DA, 2 COI~LIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS FINANCIAL STATEMENTS FOR TIlE FISCAL YEAR ENDED SEPTEMBER 30, 1998 TOGETIIER WITII REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS FISCAL. YEAR ENDED SEPTEMBER 30, 1998 INDEPENDENT AUDITORS' REPORT FINANCIAL STATEM -.NTS TABLE OF CONTENTS Combined Balance Sheet - All Fund Types and Account Groups .......................................... 2 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Ail Governmental Fund Types and Expendable Trust Funds ................................................................................................. 8 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual (Budgetary Basis) - All Governmental Fund Types and Expendable Trust Funds ............................................. 10 "?, . Combined Statement of Revenues, Expenses and Changes in ~':~': ~-~-: Retained Earnings -All Proprietary Fund Types ........................................................... 13 Combined Statement of Cash Flows - All Proprietary Fund Types ....................................... 14 Notes to the Financial Statements ........................................................................................ 16 · ' - Required Supplementary Information - Impact of Year 2000 ................................................ 49 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING ............................................. 50 MANAGEMENT LETi'ER .............................................................................................................. 52 2 P.O. Box 31002 SL Petersburg, FL 33731-8902 ' P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report Honorable Barbara B. Berry, Chairperson and Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited thc accompanying financial statements of the Collier County, Florida, Board of County Commissioners, as of and for the year ended September 30, 1998, as listed in the table of contents. These financial statements are the responsibility of Collier County, Florida's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance' with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in Note l(a) to the financial statements, the accompanying financial statements were prepared for the purpose of complying with Section 11.45(3)(a)(4), Florida Sin~utes, and ,Section 10.557(4), Rules of the ,4uditor General for Local Governmet~tal Entity ,4udits, and are not intended to be a complete presentation of thc financial position of Collier County, Florida, and the results of its operations and the cash flows of its proprietary fund types in conformity with generally accepted accounting principles. In our opinion, thc financial statements referred to above, present fairly, in all material respects, the financial position of the Collier County, Florida Board of County Commissioners, as of September 30, 1998, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity wid~ generally accepted accounting principles. The Year 2000 supplementary ~nformation on page 49 ts not a rcqmrcd part of the financial statements, but is supplementary information required by the Governmental Accounting Standards I:loard, and we did not audit and do not express an opinion on such information. Further, we are unable to apply to the information certain procedures prescribed by professional standards because of the nature of the subject matter underlying the disclosure reqmrements and because sufficiently specific criteria regarding the matters to be disclosed have not been established. In addition, we do not provide assurance that CoIlicr County. Florida is or will become Year 2000 compliant, that Collier County, Florida's Year 2000 remediation efforts will be successful in whole or in part. or that parties with which Collier County, Florida does business are or will become Year 2000 compliant. In accordance with Government ,4uditing Standards, we have also issued a report dated January 8, 1999 on our consideration of the Collier County, Florida, Board of County Commissioners' internal control over financial reporting and on our tests of ~ts compliance with certain provisions of laws, regulations, contracts, and grants. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The combining and individual fund and account group financial statements and schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of thc basic financial statements of the Collier County, Florida. Board of County Commissioners. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and. m our opm/on, is fairly stated in all material respects, tn relation to the basic financial statements taken as a whole. January 8. 1999 THIS PAGE INTENTIONALLY LEFT BLANK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1998 A~sets: Cash and investmen~ Re~ivables: ~. S~al assessmen~ ~'~ '- Interest net "~'~ Unbill~ .~ Notes Due from ConsUtutional O~ficers Due from other funds Due from other governments [o other fund Inventory · Prepaid costs Restricted assets: Cash and investments Spedal assessments receivable: Current Deferred Accrued interest Notes receiYable from other governments Properly, planl and equipment (nel. where applicable, of accumulated depreciation) Other assets Other debits: able in debt service funds ' Amount to be provided for retirement ~ el' general long-term debt · · TOTAL ASSETS AND OTHER DEBITS Govemmental Fund T~'pes _ . Propdelar7 Fund T),pes Special Debt Capital Internal General Revenue Service Projects Enterprise SerYIce Fund _ Funds Funds Funds Funds Funds $ 13.868.804 $ 35.952,364 $ 9.669.577 $ 65.308,939 $ 40,215,329 $ 10,589,920 1.607,633 157.017 59.424 216,285 33,694 221. 224 601,291 34,102 63,94B 3,164,622 45.384 1,642.129 285,050 464,789 23 102, t20 661.428 6,808 1.039 64.900 5.600 821,647 997.507 6.092 1.403.235 6.036.1G4 436.763 1.682,307 4,309.220 3.500 144.347 11,211 22,886 1,185 911,077 294 1,611 996 2,500 1,571 12,320 69,839,311 874.788 10,176,587 778.668 638.581 974,561 371.828,638 2.817,459 4.908 i 116,016 m 4,147,655 $ 26,604,475 $ 38,6.45.117 $ 11.329,427 $ 68,016.792 $ 506 098 568 $ 14 962 I I l 2 Ftdudary Fund Trust and Agency Funds Account Groups General General Long-Term Fixed Assets Debt Total {Memorandum Only/ 11,560,951 $ 28,826 60,044 130,000 40,549 166,434 957,812 12.944,616 $ 216,001.885 9,703,769 58,446.079 216,001,885 $ 68,149,848 $ 187,165,884 1.793.476 1.226.064 3.273.952 1,642.129 285.050 696.932 6,780,~85 1,496,529 5.000.218 4,309.220 8,408 2,830,465 16,391 69.839.311 874.788 10,176,587 778,668 638,581 974,561 591,978.178 2.817,459 9,703,769 58.446,379 962,752.784 (CONTINUED) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS (CONTINUED) SEPTEMBER 30, 1998 General Fund Liabilities: payable and accruals Due to Constitutional Officers ~'.' Due to other funds %:,;] Due lo other governments Due to individuals ' Self-insurance claims payable Current maturities of lease obligalions Current maturities of notes payable DeFerred revenues Refundable deposits Retsinage payable Escrowed impact Fees Due to holders of spodal assessment bonds assets: Vouchers payable Deferred revenues i Current maturities oF notes payable Current maturities of revenue bonds Due to ocher governments Acc..meal interesl payable : Customer deposits Retainage payable Advance from other fund Landfill liability igatJon bonds payable Revenue bonds and certificates of indebtedness payable (net) .; Commercial paper loan payable Notes payable i Arbitrage rebate liability Capitalized lease obligations Accrued compensated absences TOTAL LIABILITIES S Governmental Fund Types Special Debt Revenue Service Funds Funds 1,672,743 $ 1,671,806 $ 12.425 $ 11,000 463.073 544,634 151.932 5,600 15.449 1,202,199 2.213 4,025 2,219,219 1.607.633 7,424 2-i Funds u ds Funds.} ii: 22.898.318 386.454 I 3,846.210 ~;., ?~ 2.174.438 1,433,958 3,329,000 235,835 1,880,651 I 323 929 1,585,076 ~,., .~ 4,309,220 1,446,968 84,560.562 I 2,255.275 $ 5.710,442 $ 1.625,658 $ 24.428 207 $ 23,220,232 I 23,567 814.251 326.113 · 131,028.037 $ 6,911~376 I 4 Fidudary Fund Types Trust and Agenc7 Funds Accounl Groups General Fixed Assets General Long-Term Debt 86.261 257.562 316,018 957,812 t.380,411 866.016 6,111.970 9,976.048 $ 3,680,000 56.605.000 4,122.000 45,857 31,397 1,185,955 2.479 639 68.149.848 $ Total (Memorandum 6,225.044 733 471 1,496 529 1.217.648 2.213 6,009,132 31.137 270,581 27.687.007 1.380.411 393,878 '866.016 6,111,970 3.846,210 2,174,436 1.433.958 3.329,000 235,835 ~.880.651 323.929 1,585.076 4,309.220 1,446,966 3,680,000 141,165,562 4.122,000 23.266.089 31,397 1.209,522 3,620.003 250,084 891 (CONTINUED) 5 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS (CONTINUED) SEPTEMBER 30, 1998 L~J~.~T~.~jF~Q~iTY AND OTHER Equity and other credits: Conb'ibuted c~pital Investment in general fixed asseLs Retained earnings; Reserved for:. ~ Revenue bond retirement Renewal and replacement Unreserved Fund balances: Reserved for. Advance to other rune Encumbrances Inventory Prepaid costs Debt service Trust fund purposes Unreserved: Designated for: Impact fees Debt service Future capital pro~ecLs Undesignated Governmenlal Fund Types Special General Revenue Fund Funds Debt Capital Service Projects Enterprise Funds Funds., Funds $ $ $ $ $ 254,994,103 9,964,927 300,020 109,811,481 5,198,155 4.309,220 247,070 144,347 3,066,558 294 2,500 6,228,676 104.109 - 3,475,093 38.390.430 19,6~8,563 29.761,214 TOTAL EQUITY AND OTHER CREDITS . 24,349.200 . ,32,934,675 9,703,769 43,588,585 TOTALLIABIUTIES, EQUITYAND OTHER CREDiTS $ 26.604,475 $ 38,645,117 $ 11,329,427 $ 68.016,792 ~he notes lo the general purpose financial statements are an integral pad of this statement. Internal Semlce Funds $ 1,901,993 6,148,687 o _~_375,070,531 8,050,680 506,098,568 $ 14,962,056 ~ =================~ Fidudary Fund Types Accoun( Groups Trust General and Agency General Long-Term Funds Fixed Asse(s Debt $ $ S $ 216.001 885 To[al {Memorandum Only) 256.896.096 216,001.885 9.964 921 300,020 115.960,166 · 4.309,220 8.511.783 144,641 2,500 6.228,676 2.968,568 2.968,566 216,001.885 $ 12.944.616 $ 216.001.885 $ 68.149848 $ 104.109 3,475.093 38,390.430 49.409,777 712.667.893 962.752,784 7 Revenues: Taxes Licenses and ~erm~ts Intergovernmental Charges for services Fines and fodeitures Interest income Impact fees Spedal assessments Miscellaneous Total revenues Expenditures: Current: General government ;~?, Physical environment ':' .?,j Transportation ~ ~;~. - Economic environmenl ~;";~c :" '::' Culture and rec. reaUon ' Debl service Total expenditures Excess o~' revenues over . (under} expenditures financing sources (uses): Operating lransfers in - Constitutional Officers Operating transfers out - Constitub'onal Officers Operating transfers in OperaUng transfers out Total other fin andng sources (uses) Excess of revenues and other financing sources over (under) expen- d/lures and other financing uses Fund balances al beginning of year Residual equity transfer in Residual equity transfer out Fund balances al end of year Governmental Fund Types Special Debt Capital General Revenue Service Projects Fund Funds Funds Funds 69,630.930 $ 25.527,557 $ 102 040 8.376,089 23.885,983 3,002,997 4,762,956 1,922.737 3,897,189 89.945 2,266.94 1 2.018.633 3,352.539 107,898.588 1,408.041 277.339 1.367,822 3.915,200 591,407 251,491 42.623.338 6,125,920 9,812.069 10.645,152 3.617 458 2,189,993 7.398.276 1.678297 6.896.546 10.950.121 623,838 1,027.814 4.499.080 454 101 9,296.227 4.22~,855 378.568 12,391.554 28.932,587 34,952,739 12,391,554 5.321.444 193.871 3.087.079 8,420.579 633,469 435,524 27,904,035 19.430.286 19.430,286 78.966.001 7,670,599 (6,265,634[ 8,47&749 5.654,048 309,844 (60.111,277) ('7,829.730) (29,674) (21,465} 757,300 7.816.538 6,578,023 6,233,500 (20.635,816) ('5,155.317) · , (1,874,9581 (74.335,745) (4,858,6651 6.548.349 4.337,177 12.810,926 30,777,659 4,630.256 2.811,934 282,715 19.701.880 30,122,741 9.491,004 17,064 7.728 _ (7,728) (69,950~ 24,349.200 $ 32,934.675 $ 9.703,769 2 The notes to the general purpose finandal statements are an integral part of this stalemenL 8 43,588,585 I I I I I I I I I I ! I Fidudary Fund Expendable T~st Funds Total (Memorandum Only) 489821 $ 10,059 33,557 959.426 182.215 129,576 1,804,654 106,828.199 8,488,188 36 125.624 6.913.131 4.946.560 8,146.275 8,420,579 2,293.001 4.194.978 186,356.535 2,474,020 995.822 35,197 36,360 18.079 3.562.478 (1,757,824) 16.736,630 10.587,091 8.574,843 10,985,318 1,651,552 4,989.541 13,544,161 19.430.286 12.770.122 99.269.644 87,086,891 3,003.768 (533.238) 2,470.530 5,963,892 (67,992,146) 24.389,229 ~28,199,329} (65,838,354) 712.706 2,202,976 52,866 21,248.537 92.296,260 77,678 (77,678) $ 2.968,568 $ 113.544.797 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES ~N FUND BALANCES BUDGET AND ACTUAL {BUDGETARY BASIS) ALL GOVERNMENTAL FUND TYPES AND EXPENDABLE TRUST FUNDS Governmental Fund ~es Revenues: ', Taxes Intergovernmental Charges for se~ces Fines and fort'eitures Interest income Impact fees Spedal assessments - Miscellaneous ~'- Total revenues Expenditures:' Current: Genera! government Pubic safely Physical environment Transportation Economic environment Human services Culture and recreation Capita! outiay Deb[ service Total expenditures Excess of revenues over '.-' ,;:i.,i~:i (under} ext~nditures :';'¢';~" Proceeds from loans -..' .";; ~7'; Operating bansfers n - ConstituUona Officers !': ':;~'~ Operating transfer, out- Constitutional Orlicers "': !':it:i,` Operating ansfers. "':~ Operating transfers out .,, Total other financing sources {uses) ~,, ~jF,--~- F~andng sources over (under) expert- · - --' ditures and other Financing uses ·Fund balances at beginning oF),ear Residual equity transfer in F . ~ und balances at end of year $ General Fund _ Special Revenue Funds (Non-GAAP) 8udsel Adual _ Variance _ _ Budget Actual Variance m 2,94 1,722 __ 47,474,609 34.952,739 __12,521.870 m 71,992.500 $ 69.630,930 $ (2,361,570) $ 26,333.700 $ 25,527,557 $ (806.143) 115.100 102.040 (13,060) 6.348,600 8,734,449 2.385.849 21,430,262 23,885,983 2,455,721 5,911,949 3.359,700 (2,552,249) 4.547,320 4,762,966 215,646 1,582,900 1,922,737 339,837 3.068.500 3.897.189 828,689 60,600 89,945 29,345 1.410,000 2,266.941 856,941 1,250,880 2.018,633 767,753 1,473,500 1,408,041 I65,459) I _ 3,343.052 3,352,539_ . 9,477 181,268 277,339 96,071 105.906.744__ !07,898,588 1,991,844 43,143,397 43,338,401 195,004 11.463.775 10,645,152 818,623 4,359,061 3,617,458 741,603 2.794.320 2,189,993 604.327 9,893,697 7.398,276 2,495,421 I 1.802.485 1.678,297 124,188 9,938,818 6,896,546 3,042,272 12,283,908 10.950.121 1,333.787 756900 623,838 133,062 1,814,069 1,027,814 786,255 4,907,337 4,499,080 408,257 767,512 4.54,101 313,411 ! 10.149.492 9,296,227 853,265 8,038,944 4,229,855 3,809,089 378,600 378,568 32 31,874,309 _ 28,932,587 I 74,032.435 78,966,001 ., 4,933.566_ _ (4.331,212~ . 8,385,662_ 12.716,874 m 3,785.100 5,654,048 1,868,948 50,000 309,844 259,844 I (60,313,700) (60,111,277) 202.423 (7,528,300) (7.829,730) (301,430) 924.400 757,300 (167,100) 8,870,387 8,509,438 (360,049) 121,973,500] (20,635,816~ 1,337,684_ (6,326,300~ ~(5,848,217~. _ 478,083 (77,577,700~ (74,335,745~ 3,241,955 (4,934,213~ __..(4,858,665~ _ 75,548 I I (3.545.265) 4.630.256 8,175,521 (9,265,425) 3,526,997 12.792,422 8,331,437 t9,701,880 11,370,443 27,225.522 31,730,957 4,505.435 I 17,054 17,064 7,728_ 7,728 4,786,172 $ 24,349,200 $ 19,563,028 $ 17,960,097 $ 35,265,682 $ 17,305,585 m Governmental Fund Types Debt Service Funds Capital Projects Funds {Non-GAAP) Budc~et Actual Vadance Budget Actual Variance 1,395900 $ 1.367,822 $ (28.078) $ 10,010.841 3.915.200 3.915.200 6,807.900 181,000 396.200 588.757 192,557 1.709,200 9,245,400 218,900 251,491 32,591 667.700 99( 288 5,926,200 6.123,270 - 197,070 29.612,329 $ 9,812,069 $ (198,772) 5,321..444 (1.486,456) 193.871 12, B71 3.087,079 1.377,879 14,093,062 4.847,662 633.469 (34,231) 435.524 ., {554,7641 _, 33,576 518 3,964,189 2 12.690,400 12.391.554 298.846 12.690.400 12.391.554 298,8~6 96.567,487 19,430,286 77,137.201 . ,, 76.567,487 (6,764,200) , (6,268,284~ 495,916 , (66,955,158) ..19,430286 __ 77.137.201 14.146.232 81,101 390 30,038.400 (46,500) (29,G74) 16,826 (33.400) (21,465) 6,820,600 6,578.023 (242,577) 6,233,600 6,233.600 ,. ,(2,203,2001 (1,874,g58) 6,774,100 6,548,349 (225,751~ 34,035.400 4,337,177 (30,038.4OO) 11,935 328.242 (29,698,223~ 9,900 280,065 270,165 1,32,919,758) 18,483.409 51,403.167 9.183 500 9.423.704 240,204 46,337.662 26,064.391 (20,273.271) $ 9,193,400 $ 9.703.769 $ 510 369 $ 13.417,904= $ 44,547,800 31.129.896 11 (CONTINUED) COLLIER COUNTY, FLORIDA COMBINED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES ll'~ FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) ALL GOVERNMENTAL FUND TYPES AND EXPENDABLE TRUST FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30,1908Fiducar7 Fund .. T),pe ' To Budget , Actual , Variance . Bu'fi~et Aclu . Variance R;::;sues $ 449.100 $ 489,821 $ 40,721 $ 110,182,041 $ 106.828,199 $ (3,353,842) Licenses and pen'n/ts 28,000 10,059 (17,941) 6,491,700 8 846,548 2,354,848 In!ergove.rnmental ' - - 38,055,311 36 482 327 (1,582,984) Charges rot set-,aces - 33.557 33 557 6.311 220 6,913,131 601.911 Fines and fodeitures 640,488 959,426 318 938 3,759,588 4,946,560 1,176,972 '. Interest income 73,200 112,563 39.363 4,839,480 8,073 97'3 3,234,493 : Lmpa.ctlfees ' - - 9,245,400 14,093,062 4,84 ?,662 Total revenues 1.259,588 1.735,002 475.414 185.848,258 192.6/'t,779 6,823,521 Expenditures: Current: General govemmenl 2.557.700 2.474,020 83,680 18.380,536 16.736.530 1.643,906 Pubfic safety I 161 "-50 998822 152628 13 8~9 467 10587091 3 26~ ~7R Ph i I ' ' . y$ca envtronment ~ - - 11,741,303 8574,843 3,156460 · . ~ranspo~tatJon 35,349 35,197 152 12.319 257 10,985 318 I 333'939 % Economic environment . 2 57^ 96 ..... '-r..- ' ' '/?H -- ' ' , v, ~ 1.§51,6u2 919317 <: uman serwces 46,200 36,360 9.8.40 5 721 049 4.989,541 731.508 ,.'~ Culture and re~ealJon 32,100 18,079 14.021 18,220,536 13,544,161 4.676.375 · CD::~slerv~.~Y ' · ' - 96,567,487 19,430,286 77,137.20, - 13,06g,000 12,770,122 298.878 Total expenditUres 3.832,799' · 3,562,478 , 270,321 ., 192 439.604_ 99 269 64__.___,_ .4 ~ 93 169 ...... 96- _.. 0. · Excess of revenues over (under) expenditures [2.573,211/ {1.827,4761 745,735 (6,591,346/ 93.402.135 9'9,993,481 Proce~:ls from loans ' - 30 038 40 - , , u - (30.038.400) , Operating tran$1'ers in - Constitutional Officers . . - 3 835 100 5,963,892 2 128 792 .: Operating transfers out - Ccx~stitutJonal O~cers - . - (67 921 900} (67 992 146) ' (70'248) . Op. ,ngtr n*rsin 3.089. 00 3,003.768 (85.43 ) 2 .93818 :0 2:129 . Operating transfers out {648 053) {533.2381 114,815 (31.151 053) (28 892 2292 2,258,824. ' To. lo.er ~andng sources (uses) 2,441,147 2,470,530 29.383 (39,261.2661 (6§.838,354) Excess of revenues and other financing sources over (under) expen- ditures and o[her finan~ng uses (132.064) 843.054 775,118 {45,852,612) 27,563,;'81 73,416,393 Fund balances at beginning of year I 410.982 ,688,083 277 101 92,489,103 88,609,015 (3,880,088.1 Residual equity b"ansfer in . . ~ ,, ,,, · 24,792 24 792 ~ ~ Fund baL3nces at end of year $ 1,278,918 $ 2331137 $ 1052219 $ 46636491 $ 116197588 $ 69561097 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS - ALL PROPRIETA'~Y FUND TYPES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 2 Operating revenues: Charges f~ services Total operating revenues Operating expenses: Personal services Operating Depredation Amo,'liza tion Total opera:rog expenses Operating income (loss) Non-operating revenues (expenses): Interest income Interest ex pense Miscellaneous income Gain [loss) on disposal of fixed assets Grants and enliUements Total non-operating revenues (expenses) Income (loss) before operating lransfers Operating transfers: Operating transfers in - Constitutional Officers Operating transfers out - Constitutional Officers Operating transfers in Operating trans,'ers out Total operating transfers Net Income (loss) Depredation of contributed asseLs Increase (decrease) in retained earnings Retained earnings at beginning of year Retained Darnings at end of year Enlerpdse Funds Propdetar7 Fund T~'pes Internal Service Funds Tolal (Memorandum Onl),) $ 58,962.235 $ 16.799.696 $ 75.761 931 58,962.235 16,799,696 75.761 931 14,422,409 4,857,170 19,279,579 26,636.537 12.373,028 39,009,565 10,465.590 1,321,188 11,786,778 333.413 333.413 51,857,649 18.551.386 70.409.335 7,104.286 /1,751,690) 5,352.595 6.642.177 619.540 7.261 717 (6.582.554) (8.582.55,t) 53.526 53.526 174 993 133,243 308 236 242 233 242.233 530.375 752.783 1.283,158 7,634.651 (998,907) 6,635,754 10.835 (181,867) 4.244 900 26.900 (2,000) (459.7001 4.071.868 (432,800) 11,706,529 (1,431,707) 5,173,121 476.547 16,879.650 (955,160) 103 196,778 7,103.847 $ 120,076.428 $ 6,148,687 $ 10.835 (181.867) 4,271 600 (481,700) 3,639,068 10.274,822 5.649.668 15,924,4D0 110,300,625 126.225.115 The notes to the general purpose financial statements are an integral part of this statement. 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED STATEMENT OF CASH FLOWS ALL PROPRIETARY FUND TYPES ' FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 Cash flows from opera§ng activities: Cash received f~ secvices Cash received from customer deposits Cash payments for customer deposits Cash payments l'~ goods and sec,ices Cash payments to employees Net cash provided by (used for) operating activities -' Cash Itows from nonca Dital finandng ac'.ivities: Cash operating grants received Cash transrers from other funds Cash transfers to other funds Net cash provided by (used For) noncapital finandng activities flows from capital and related ;~ acUvities: Cash contribuUons received Receipts from capital grants Proceeds from disposal of fixed assets Proceeds from sale or' scrap Proceeds from insurance claims Proceeds lrom rental of land Proceeds from loans Payments for capital acquisitions Principal payments on bonds Prfndpal payments on notes Pdndpal payments on capital Peases Interest and fiscal agent fees paid Net cash used [c.r capital and related finanong acUviUes Cash flows from invesUng acti¥iUes: Interest and dh4dends on investments Nel cash provided by investing activities Net increase (decrease) in cash Cash and ~'nvestments, October 1, 1997 (including $54,566.744 In resbicted cash) Cash and investmenLs, September 30, 1998 (incJuding $69.839.311 in restricted cash) Propdetar7 Fund Types Internal Total Enterprise Funds Service Funds (M~.morandum Only} 58,380.488 $ 16,795,060 $ 75,175,548 69.514 69,514 (133,229) (133,229) (27,697.024) (12,159,416} (39,856.440) (14,376,547) (4,940,973) (19,317,520) 16,243.202 (305,329) 15,937,873 365,211 365.211 4.255,735 26,900 4,282.635 (183,8671 (45g.700) (643,567I 4,437.079 (432,800) 4.004.279 14,463,464 14,463,484 443.8.49 443,849 203,305 163,214 366,519 46,238 46,238 3,431 11.372 14,803 7.288 7,288 6.5~)1,853 6,591,853 (22,285.876) (935,084) (23,220.960) (5,290,684) (5.2g0,684) (864,606) (864,606) (29.459) (29,459) (6,236.892~ (6,236.892) (12,918,610) (789.957) (13,708,567} 7,774.482 638.160 8,412 622 7,774.462 638.160 8.412.622 15,536.133 (889,926) 14.646.207 105,998.353 94,518,507 11,479,8.46 110.054,640 $ 10,589,920 $ 120,6.44.560 :The notes to the general purpose financial statements are an integral part of this statement. (CONTINUED) 14 m m m m~ I m m m m ! m m m m m m i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMBINED STATEMENT OF CASH FLOWS ALL PROPRIETARY FUND TYPES (CONTINUED} FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1998 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY OPERATING ACTIVITIES 2 'Operating income (loss) Adjusb-nent~ to recondle operating income (IossJ to net cash provided by (used f~) operating actJ',4ties: Depredation expense . Amo~izafJon of' capital improvement projects ' An3ortJzaUon of bond issuance costs (Increase] decrease in accounts receivable (Increase] decrease in due from other funds ) in advances and dep<~sits (Increase) in invent. Dry (Decrease) in vouchers payable Increase in accrued wages in landfill liability (Decrease] increase in accrued compensated absences (Decrease] in due to other funds , Increase in due to other governments (Decrease) In customer deposits payable Increase in self4nsurance claims payable Total adjustments 9.138.916 Net cash provided by (used for) operating activities Non-cash Investing, capital and ~nancing a~vities: Proprletar,/Fund Types Internal Total .~nterpdse Funds Se~tce Funds (Memorandum Only) 7,104 286 $ (1,751,690) $ 5,352,596 10.465.590 1,321,188 11.786,778 185,841 185,841 147.572 147,572 869.927 ( 13,192) 856. 735 15,574 (23,913) (8,339) (416) (416) (874,961) (20,772) (895,733) (345,672) (11,267) (356,939) 29,058 11.315 40,373 (10327,203) (1,327,203) 16,804 (95,117) (78,313) (6,856) (7,149) (14,005) 26,957 26,957 (63.715) (63,715} 285.684 285.684 1,446,361 10.585 277 16.243.202 $ (305,329) $ 15,937.873 There were non-cash developer contributions of $8,855.048 in the County Waler and Sewer District Fund. The Solid Wasfe Disposal Fund received contributions o1' assets from the Solid Waste Grant w~th a depreciated value of'$3 048. The original cost of these assets was $3,325 with $277 in accumulated depredation. The Infon"na~Jon Technology received contributions of assets from U~e Emergency Medical Services Fund with a depreciated value of $1,931. The odginal cost of these assets was $6,450 with $4.519 in accumulated depreciation. The Department of Revenue Fund received conb'ibutions of assets from the Emergency Medical Services Fund with a depreciated value of $1,780. The original cost of these assets was $2.324 with $544 in accumulated depreciation. 15 THIS PAGE INTENTIONALLY LEFT BLANK 6 7 8 9 10 11 12 13 15 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINA/'ICIAL STATEMENTS SEPTEMBER 30, 1998 INDEX Summary of Significant Accounting Policies Cash and Investments Trade Receivables Inlerfund Transaction s Fixed Assets Long-Term Debt Revenue Bonds Administored by tho State of Florida Conduit Debt Obligations Defeased Debt Budget to Aclual Contributed Ca pital Deferred Com.2ensation Plan Pension Plan Obligalions Segment Inform ation Enterprise Funds Operating Transfers Fund Equity' Risk Management Landfill Liability Deficit Retained Earnings Significant Contingencies Significant Commitments Subsequent Events 6A ~,AGENUMBER 17 25 27 28 29 30 36 37 37 38 39 40 40 41 43 44 45 46 46 47 47 48 2. 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 2 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES REPORTING ENTITY primary government consists of the Collier County Board of County Commissioners (Board). The Board consists of five members elected within single member dislricts. There are five Constitulional Officers; the Tax Collector, Properly Appraiser, Sheriff, Clerk of tho Circuit Court and Supervisor of Elections. The Constilulional Officers are elected County-wide, Tho Board of County Commissioners budgets and provides all funding used by the separate Constitutional Officers with the exception of fees collected by the Clerk of the Circuit Court and the Tax Collector. Under the direction of the Clerk of the Circuit Coud, tho Collier County Finance Department maintains the accounting system for the operations of the Board of County Commissioners and the Supervisor of Elections, The Tax Collector. Property Appraiser, Sheriff and Clerk of tho Circuit Court each maintain their own accounting systems. These statements reflect the financial position and results of operations by the Board only and do not reflect the activities of the five Constitutional Officers. The Board's blended component ur'fits consist of orgamzat~ons whoso respective governing Boards are composed entirely of the Board of County Commissioners serving ex-officio, except for the Collier County Airport Authority whose governing Board is appointed by the Board of County Commissioners. These entities are IogaIly separate, however financial support has been pledged and financial or oporalional policies may be significanlly influenced by the Board, In accordance with Governmental Accounting Standards Board (GASB) Statement 14, "The Financial Repealing Entity", these organizations are reported as if lhey were part of Ihe Board's operations. The financial position and results of operations of the following blended component units are accounled for in enterprise funds and can be found in the proprietary section of this report: Colfier County Water and Sewer District The District was established by Chapter 88-499, Laws of Florida, to provide water, sewer and effluent services to certain podions of the umncorporaled area of Collier County. The District currently operates three v,'aslowater Ireatment facilities and two water treatment plants. Marco Island Water and Sewer District The District was established by Collier County Ordinance 77-58 under authority granted by Chaplor 153, Pad III, Florida Statutes The District provides sower services to customers on a podion of Marco Island. Goodland Water District The Dislrict was established by a Special Referendum Election auIhonzed by Co',lior County Ordinance 75-5 and Section 125,01(q} of Florida Statutes. Tho District provides potable waler service to the residents of Goodland, Collier County Airport Authority ~i'The Authority was established by Collier County Ordinance 95-67 and Sections 332,001 through 332.120, Florida Statutes. The Authority provides Collier County with the services of Ihreo airports: The Immokaloe Regional Airport. tho Marco Island Executive Airport and tho Everglades City Airpark, 17 I I i ! ! ! i ! I i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 '. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES · CONTINUED THE REPORTING ENTITY - CONTINUED Complete financial information on the individual component units can be obtained administrative offices or from the Finance Depadment of the Clerk of the Circuit Court. '~: Administrative Offices: Collier County Water and Sewer District 3301 East Tamiami Trail Naples, FL 34112 Collier County Airpod Authority 2003 Mainsail Drive Naples, FL 34114 · Marco Island Water and Sewer District [',: 3301 East Tamiami Trail ~,~ Naples, FL 34112 Goodland Water Districl .3301 East Tamiami Trail Naples, FL 34112 from their respective BASIS OF PRESENTATION }.~ The accounts of the Board are organized on the basis of funds and account groups Each fund is considered a ?:'separate accounting entity with a self-balancing set of accounts, Fund slructures, where applicable, have been , .i designed to comply with all requirements of relevant bond resolutions. Account groups are a repealing device to for cedain assets and liabilities of the governmental funds not recorded directly in Ihose funds. The following fund types and account groups are used by the Board; GOVERNMENTAL FUNDS General fund - the general fund is the general operating fund of tho Board. All general tax revenues and other receIpts that are not accounted for in other funds, are accounted for in the general fund. ' Special revenue funds - special revenue funds are used to account for Ihe proceeds of specific revenue sources that are reslricted by legal requirements, regulatory provisions or administrative action. Debt service funds - debt service funds are used to account for lhe accumulation of resources for, and the payment of principal, interest and other expenditures on long-term debt, other than bonds and notes payable from the operation of proprietary funds. Capital projects funds - capital projects funds are used to account for financial resources segregated for the acquisition or construction of major capital facilities other than those financed by proprietary funds, 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 2 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED BASIS OF PRESENTATION - CONTINUEO PROPRIETARY FUNDS Enlerprise funds - enterprise funds are used to account for operations that are financed and operated ~n a manner similar to private business enterprises. The intent is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed primarily through user charges, or where periodic determination of revenues earn ~,'~d, expenses incurred, and/or net income is deemed appropriate for capital maintenance, public poiicy, manage merit control, accountab~hty or other purposes. Internal service funds - internal service funds are used to account for the financing of goods or serwces provided by one department to other departments of the Board or to other 9overnmental umts on a cost roimbursemenl basis. FIDUCIARY FUNDS Expendable lrust funds - expendable ~rust funds are used to account for assets held by tho Board in a Irusteo capacity o¢ where legally marc, dated. A~I of the principal and 'mcorne may be expended in the course of their designated operations. Agency funds - agency fuqds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. Agency funds are clear~ng accounts for assets held by a government as an agent for individuals, private organizations and other governments or other funds. ACCOUNT GROUP~. General fixed assets account group - this account group [s used to account for property, plant and equipment not used ~n proprietary fund type operations. The general fixed assets account group does not include public domain, infrastructure, fixed assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, lighting systems and similar assets that are immovable and of value only to the Board. General long-term debt account group - this account group is established Io account rot Iong-lerm debt and other liabilities not accounted for in proprietary funds. BASIS OF ACCOUNTING AND MEASUREMENT FOCUS Basis of accounting refers to when revenues and expendilures or expenses are recognized in tho accounts and reported in the financial statements. Basis of accounting relales lo the timing of tho measurements made regardless of the measurement focus applied. The modified accrual basis of accounting is used in the governmental, expendable trust and agency fund typos. Under Ihe modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of tho current period. Available means collectible within the current period or soon enough thereafter, generally 60 days, to be used to pay liabilities of the current period. Primary revenues including special assessments, intergovernmental revenues, charges for services, rents and interest are treated as susceptible to accrual under the modified accrual basis, Property are discussed later in this footnote, Other revenue sources are not considered measurable and available not treated as susceptible to accrual. Expenditures are recorded when the related fund liability is incurred. Exceptions to this general rule include accrued compensated absences and principal and interest on general long-term debt. 19 I I I I I ! I ! I i I i I I I ! COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED BASIS OF ACCOUNTING AND MEASUREMENT FOCUS - CONTINUED 2 In applying the susceptibility-to-accrual concept to intergovernmental revenues, the legal and contractual uiremenls of' the numerous individual programs are used as guidance. There are essentially two types of these revenues. In one, momes must be expended on the specific purpose or projecl be[ore any amount will be · paid to the Board; therefore, revenues are recognized based upon the expenditures recorded. In tho other, monies are virtually unrestricted as to purpose of' expenditure and revocable only for failure to comply with ~;i:'- prescr~oed compliance requirements, such as with equal employment opportunity. These resources are reflected as revenues at the time of receipt, or earlier if they meet the availability criterion. Proprietary funds use the accrual basis et accounting. Revenues are recognized in the period in which they are earned and expenses are recognized in the period when incurred. The measurement focus applied to governmental fund types and Io expendable trust fund types is the flow of current financial resources. Only current assets and current liabilities are generally included on tho balance sheet. Fund balance is considered a measure of available, spendable or appropriable resources. The measurement focus applied to proprietary fund types is the capital maintenance or flow of economic resources measurement focus. All assets and all liabilities (current or noncurrent) are included on the baIance sheet. Fund equity is segregated into contributed capital and retained earnings. BUDGETS AND BUDGETARY DATA The following are the statutory procedures followed by the Board of County Commissioners in establishing the ;: .: budgets for the Board: 1) Within fifteen days after certification of the ad valorem tax roll by the Properly Appraiser, the County Budget Officer prepares and presents to the Board a lentative budget for the ensuing fiscal year. The budget includes all estimated receipts, balances to be brought forward, and all estimated expenditures, reserves and balances to be carried forward at the end of the year as specified in Section 129.03, Florida Statutes. 2) Within eighty days of the certification of'value, but not earlier than sixty-five days after certification, the Board holds a public hearing on the tentative budget and proposed millage rate. At this hearing the Board amends and adopts the tentative budget, recompuIes the proposed millage rate, and announces publicly the percentage, if any, by which the recomputed proposed millage rate exceeds the rolled-back rate. If the millage rate tentatively adopted exceeds that proposed, each taxpayer within the jurisdiction is notified of the increase by first class mail, at the expense of the Board. 31 Within fifteen days of the meeting adopting the tentative budget, the Board advedises the County's intent to adopt a final budget and millage rate. 4) A public hearing is held by the Board to finalize the budget and adopt a millage rate. This hearing is held not less than two days and not more than five days after the day that the advedisement is first published. Prior to September 30, the millage levy is adopted by a separate vote. In no event is the millage rate adopted allowed to exceed the tentatively adopted millage rate. This is followed by the approval and ratification of the final budget. 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30,199~' NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING.POLICIES - CONTINUED TS AND BUDGETARY DATA - CONTINUED '6A2 5) The resolution approved at the final hearing is forwarded to the Property Appraiser, Tax Collector, and Florida Department of Revenue; and not later than thirty days following the adoption of the Resolution, the Board certifies to the State of Florida, Department of Revenue, Division of Ad Valorem Tax that it has complied with the provisions of Chapter 200, Florida Statutes. 6) The County Administrator approves intradepartmental budget changes that do not alter the total expenditures of the department, All other budgetary changes must be approved by the Board of County Commissioners as a matter of policy. The initial adopted budget was amended during tho fiscal year in accordance with the Florida Statutes 7) Budgets are monitored at varying levels of classification. However, expenditures cannot legally exceed total appropriations al the individual fund level. Section 129.07, Florida Statutes, as amended in 1978, provides that expenditures 'n excess of total fund budgets are unlawful. Formal budgetary integration is employed as a management control device during the fiscal year for all fund · types. Budgets have been legally adopted by the Board for all Board funds except for agency funds and those ;..' funds described in Note 10, "Budget to Actual". The Property Appraiser and the Tax Collector adopt budgets for their general funds independently of the Board.. The Clerk of the Circuit Coud (to the extent of his function as ex- .- officio Clerk to the Board and the amounts of his fee structure as Clerk to the Circuit and County Courts), Sheriff, of Elections prepare budgets for their general funds which are submitted to and approved by the '~ Board. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for all governmental funds except as described in Note 10, "Budget to Actual"'. All unencumbered appropriations lapse at the end of the current year. Capital project costs are budgeted in the year they are anticipated to be obligated. In subsequent years, the unused budget is reappropriated until the project is completed. Proprietary funds are budgeted on a basis consistent with generally accepted accounting principles, except that capital related and debt transactions are based upon cash receipts and disbursements. Estimated beginning fund balances are considered in the budgetary process. Differences between estimated beginning fund balances and actual fund balances, if material, are submitted to the Board as budget amendments. ENCUMBRANCES Encumbrance accounting is utilized in the governmental funds as an extension of the budget process whereby purchase orders, contracts to be executed and other commitments are recorded as reservations of fund balance. It is the Board's intention to honor these encumbrances under authority provided in the subsequent year's budget. Fund balance is reserved to indicate this commitment. I I i I I I I I i ! i I I ! I I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED CASH AND CASH EQUIVALENTS AND INVESTMENTS ..~_.::,., :.. -. The Board maintains a cash and investment pool which is available to all funds. Interest earned is allocated based on the individual fund's average daily balance in the cash pool. Pursuant to the provisions of GASB Statement 31, "Accounting and Financial Reporting for Cedain Investments and for External Investment Pools", all investments are stated at fair value. Cash equivalents are defined as short-term highly liquid investments with maturities of three months or less from the date purchased. Additionally, the individual fund's equity in the cash and investment pool is considered to be a cash equivalent. INVENTORIES AND PREPAID COSTS Inventory is valued al cost which approximates market value, using the first-in first-out method. Inventory in the governmental funds consists of expendable supplies held for consumption. The cost is recorded as an expenditure at the time individual inventor,/ items are consumed. Repealed inventories and prepaid costs are equally offset by a fund balance reserve which indicates that they do not constitute available spendable resources. Inventories and prepaid costs of proprietary funds are re2orted as an expense when consumed. GENERAL FIXED ASSETS General'fixed assets are recorded as expenditures in the general fund. capital projects funds and other governmental fund types at the time of purchase, and capitalized at cost in the general fixed assets account group. Public domain or infrastructure fixed assets consisting of cedain improvements including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems have not been capitalized. Gifts or contributions are recorded in the general fixed assets account group at fair market value at the time received. There is no depreciation expense recorded on general fixed assets. The Board maintains a policy to capitalize fixed assets which cost $750 or more and have a useful life in excess of one year. FIXED ASSETS OF PROPRIETARY FUNDS Land, buildings, improvements and equipment are stated at cost. Contributions of property are recorded at their fair market value on the date donated. Facilities constructed using system development impact fees, collected from developers and customers, are stated at cost. The Board capitalizes major expenditures for additions and improvements. with a cost of $750 or more and with a useful life in excess of one year. repairs are charged to operating expenses. Major expenditures include ilems Expenditures for maintenance and The cost of assets retired or sold, together with tho related accumulated depreciation, is removed from the accounts and any gain or loss on disposition is credited or charged to earnings. 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED FIXED ASSETS OF PROPRIETARY FUNDS - CONTINUED '6A2 I ? Depreciation on fixed assets acquired through contributions is recorded as an expense and transferred from retained earnings as a reduction of contributed eauity on the balance sheet. Oepreciation is calculated using the straight-line method. The estimated useful life of the various classes of depreciable Fixed assets is as follows: Estimated Fixed Asset Useful Life Buildings 20-40 years mprovements other than buildings 2-40 years Ec~uipment 4-10 years CAPITAL LEASE OBLIGATIONS )ital lease obligations and the related assets of governmental fund types are accounted for in tho gonoral -term debt account group and in the general fixed assets account group, respectively. Capital Ioaso obligations of proprietary fund types and the related cost of assets acquired are reflected in the balance sheet accounts of those hinds. For capital lease obligations originating in governmental funds, an expenditure for the asset and the offsetting amount of the financing source is reflected in Ihe statement of revenues, expenditures and changes in fund balances. I I I I I I I I EQUITY Contributed capital is recorded in proprietary funds that have received capital grants or contributions from devolopers, customers or other funds. Reserved retained earmngs and fund balance represents those portions or fund equity not appropriable for expenses/expenditures or those podions legally restricted for a specific future use. Designations of fund balance represent tentative plans for expenditures. BOND DISCOUNTS AND BOI'.,~D ISSUANCE COSTS In governmental funds bond discounts and ~ssuance costs are recognized in the current period. Bond discounts and issuance costs for proprietary funds are de~'erred and amorlized over the term of the bonds using the interest method and the straight-line method, respectively. Bond discounts are presenled as a reduction of the face amount of bonds payable while issuance costs are recorded as deferred charges, which are shown on the face of the balance sheet as a component of "other assets", DEFEASANCE OF DEBT REPORTED BY PROPRIETARY FUNDS GASB Statement 23. "Accounting and Financial Reporting for Refundings of Debt Repodod by Proprietary Activities," is applicable to the proprietary funds. For refundings resulting in the defeasanco of debt repoded by proprietary activities, this statement reauires lhat the difference between the reacquisition price and the net carrying amount olr the old debt be deferred and amortizod over the shoder of the life of the new debt or tho remaimng life of the old debt. The amount deferred is .repoded as a reduction of the debt and the amount amortized is reported as a component of interest expense. The straightoline method is used for amortization of the deferred loss on refunding. ! I I I I I 23 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS . SEPTEMBER 30, 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED INTEREST COST Interest cost is charged to expense or expenditure as incurred, except for interest capitalized in the Proprietary in accordance with the provisions of Financial Accounting Slandards Board (FASB) Statement 34 "Capitalization of Interest Cost", and FASB Statement 62, "Capitalization of Interest Cost in Situations Involving ~' Certain Tax-Exempt Borrowings, and Cedain Gifts and Grants," when applicable. 'PROPER'f~ TAXES ' ''!: Property taxes become due and payable on November 1st of oac, year and become dehnquent on April 1st of the t'ollowing year. Discounls on property Iaxes are allowed for payments made prior to the April 1st delinquent date as t'ollows: November - 4%, December - 3% January - 2%, and February - 1%. Tax cedificates for the full · amount of any unpaid taxes must be sold not later lhan June 1st of each year. No accrual for tho property tax .. levy becoming due in November 1998 is included in the accompanying financial statomenls, since such taxes ;: are collected to finance expenditures of the subsequent period. ."' Property taxes receivable and a corresponding allowance for uncollectible property laxes are not included in tho ' 'financial statements, as there are no delinquent taxes as of September 30, 1998. Key dates in the property tax cycle for the fiscal year ended September 30, 1998 are as follows: Property Tax Cycle Date ;ssment roll compiled :.' Assessment roll certified Millage resolution approved .; Beginning of fiscal year for tax levy Taxes due and payable (levy date) Properb/taxes payable: Maximum discount ('4%) Due date Delinquent (lien date) Tax certificates sold January 1, 1997 July 1, 1997 No later than 95 days following certification October 1, 1997 November 1, 1997 30 days after levy date March 31, 1998 April 1, 1998 Prior to June 1, 1998 ACCRUED COMPENSATED ABSENCES The Board follows the provisions of GASB Statement 16 "Accounting for Compensated Absences". This statement provides for the measurement of accrued vacation leave and other compensated absences using tho pay or salary rates in effect at the balance sheet date. It also requires additional amounls to be accrued for certain salary related payments associated with the payment of compensated absences. 24 COLLI ER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED ACCRUED COMPENSATED ABSENCES - CONTINUED 6A2' It is the Board's policy to allow employees to accumulate an unlimited number of hours unused of sick leave and up to 240 hours of unused vacation leave, Effective March 1, 1996 the Board modified the policy for sick leave pay upon termination. Employees of record August 2, 1996 may be granted a sick leave payment upon termination for any service period earned prior to August 2, 1996. No employee hired after August 2, 1996 shall receive payment for accrued sick leave upon termination. Upon termination employees are granted 100% of allowable vacation hours at the current rate of pay. Accrued compensated absences flowing through governmental fund types are recorded in the general long-term debt account group because it does not require the use of available spendable resources at the balance sheet date, For proprietary funds, the liability related to vested sick and vacation leave is recorded on the balance sheet as a long-term liability. :APPLICATION OF FASB PRONOUNCEMENTS TO PROPRIETARY FUNDS In accoroance with GASB Statement 20, "Accounting and Financial Repealing for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting", the Board has elected not to apply those FASB Statements and nterpretations issued after November 30, 1989. ACCOUNTING ESTIMATES The preparation of financial statements in accordance with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reported period. Actual results may differ from those eslimated. TOTAL COLUMNS ON THE COMBINED STATEMENTS - OVERVIEW columns on the Combined Statements - Overview (General Purpose Financial Statements) are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis, Data in these columns does not present financial position, results of operations or cash flows in conformity with generally accepted accounting pnnciples, and such data is not comparable to a consolidation. Interfund eliminalions have not been made in the aggregation of this data. NOTE 2 - CASH AND INVESTMENTS The Board maintains a cash and investment pool that is available for L~se by all funds. Each fund type's podion of this pool is displayed on the combined balance sheet under Ihe heading of Cash and Investments. income is allocated monthly to padicipating funds based on the percentage of each fund's average daily balance in the total pool. In addition, cedain investments are separately hold by trustees in accordance with bond indentures and other contractual agreements. DEPOSITS Ail deposits are held in qualified public depositories pursuant to Florida Statutes Chapter 280, "Florida for Public Deposits Act". Under the Act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits, multiplied by the depository's collateral pledging level. The pledging level may range from 50 to 125% depending upon the depositor's financial condition. Any losses to public deposits are covered by applicable deposit insurance, sale of securities pledged as collateral, and if necessary, assessments against other qualified public depositories of the same type as the deposilory in default. 25 ! I I I I I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 2 - CASH AND INVESTMENTS - CONTINUED DEPOSITS - CONTINUED At September 30, 1998 the Board had demand deposits with a book balance and a bank balance of $2,659,606 and $3,788,192, respectively. These depbsits were fully covered by federal depository insurance or by collateral, in the Board's name as required by Sections 280.07' and 280,08 of the Florida Statules. INVESTMENTS ~ The Board's investment practices are 9overned by Flodda Statutes 125.31 and the Board's investment policy adopted by County Ordinance 8;'-65. .~. The Board is authorized to invest in obligations of the U.S. Treasury, its agencies and instrumentalities, commercial paper, bankers' acceptances, repurchase agreements, cedificates of deposits, and the Local Government Surplus Funds Trust Fund. ~'As with any investment, tho securities held by [he Board are sensitive to different elements of risk. The major risks are market, legal risk and credit risk. Market risk relates to the risk that the market value or an investment will decline during the life of the investment. The level of market risk is determined by such factors as: the length of time before the investment matures and the likelihood of an investment being sold before its maturity in order to meet operational requirements. The Board continues to hold various U.S. government agency securities, including Federal Home Lean Mortgage Corporation and Federal National Mortgage Association collateralized mortgage obligations that were purchased from 1993 to 1994. At September 30, 1998 the fair value of these investments was approximately $20.1 million, which is .5% below cost. These investments are recorded in the financial statements at fair value. The Board currently has the ability to hold these investments as it has sufficient liquidity to meet operational requirements. Legal risk is the exposure to a transaction being determined to be prohibited by law, regulation or contract. Management believes the level of legal risk exposure to the Board's portfolio is minimal. redit risk relates to whether or not the Board will be able to recover its investments in a security at the security's · "maturity date. The Board's investments are categorized to provide an indication of the level of credit risk assumed by the Board. Category 1 includes investments that are insured or registered, or securities held by the Board or its agent in the Board's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust depadment or agent in the Board's r~ame. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty or by its trust department or agent, but not in the Board's name. Investments that are not evidenced by securities in physical or book entry form are not categorized. 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998, ;radii Risk Category .Cateqory 1: U,S. Agency Securities U.S. Treasury Obligations · : .,' TotalC~itegoryl Category 2: 3ankers" Acceptances Commercial Paper Repurchase Agreements "' Total Category 2 Not categorized: Local Government Surplus Funds Trust Fund Total not categorized Total investments including cash equivalents NOTE 2 - CASH AND INVESTMENTS - CONTINUED INVESTMENTS - CONTINUED ·: At September 30, 1998 the Board's investments were categorized as follows: : ~,~"~i,'~ ,: ',:' '.-- Market Value $ 129,387,870 21,308,524 ..150,696,394- 31,288,588 4,945,567 4.438,600 401672,755 62,976,44O 62~976~440 $ 254345,589 '6A NOTE 3 - TRADE RECEIVABLES 'Trade receivables for enterprise funds are net of an allowance for doubtful accounts as follows: Allowance for County Water and Sewer Marco Water and Sewer Trade Receivables $ 1,961,672 57,046 29,758 756,915 4,745,862 40,321 $ 7.591.574 Goodland Water Solid Waste Disposal :;,., Emergency Medical Services ~:-'~ ,i AJrport Authority Tolal Doubtful Accounts $ $ (4,426,952) $ (4~426~952) $ Net Trade Receivables 1,961,672 57.046 29.758 756,915 318,910 40,321 3~1641622 27 2 ,! I I I I I ! I i I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 4 - INTERFUND TRANSACTIONS Due from and due to other funds at September 30, 1998 were as follows: FUND General Fund Special Revenue Funds: Grants and Sh;:red Revenues Debt Service Funds: Road and other Improvements Stormwater Improvement Assessement Bonds Capital Projects Funds: County-Wide Capital Improvements Parks Improvements Road Construction Parks Impact Districts Internal Service Funds: Self. Insurance Trust and Agency Funds: State Coud Administration Deposits Total All Funds Due From $ 436,763 64,900 5,600 3 t 3.30O 30,000 478,347 1,185 166,434 $ 1.496.529 Advance to and advance from other funds at September 30, 1998 were as follows: FUND General Fund Enterprise Fund: Airport Authority Total All Funds Advance To 4.309,220 $ 4,309.220 $ Due To 544,634 151,932 5.600 478,347 316.016 1.496.529 Advance From 4,309.220 4,309.220 28 COLLIER COUNTY BOARD ,OF COUNTY COMMISSIONERS NOTES TO THE GENEP, AL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 5 - FIXED A~SF'T~ ~ summary of changes in general fixed assets for the year ended September 30. 1998 is as follows: Balance 10/1/97 $ Deletions Balance 9/30/98 $ Land Build~n~ls 29,635,988 S 95,386,402 1.9~0,D01 4,868,054 Improvemenls Other'Than S 3~,312,074 $ 4,191,644 31,596.889 $ 100,254.458 $ 40,503.718 Conslruc:ion _ £qu~pmenl In Prooress Total 34,922,137 S 8.040,784 $ 204,297.365 3.569,147 6.492,307 21,082.053 (388,772) (8,23 t ) (395 003 ) 681.992 661,992 · (673,619) ~ . (g,644,522) 38,000,885 $~S 218,001,885 Proprietary.., fund property, plant and equipment at Sep(ember 30, 1998 consisled el" the following: Enterprise Funds: County Water and ImDrOvomonJs Olher Than Land Buildings Buildings Marco Wafer and Sewer 860 4,743.740 Goodland Water 365 1,576.748 Solid Waste Disposal 1.674.685 253.666 t 0.198.341 ~ Medical Sef~ces 221 588 3,127 A~tpod Authodb/ 1.289 400 .. 1 ;405269 4.873,471 Enterprise Funds 7~440~153 , t I§,907~447 Internal Ser'~ice Funds: Information Technology pital Projects Management Department of Revenue Fleet Management Total Internal Service Funds · Equ,pment Funds Accumulaled S 4,474,843 S 115,026,924 S 255,966,689 $ 5,067,372 S {78,404,817) $ Consltt~clJon In Progros~ Tolal 817,668 (1,554,589) (829,363) (6.073,170) 2,0t0.525 (1.242. I02) 749~412 (774,6051 _._.277~362,118 8,644,977 _ {88,878,648) 49,557. t65 S 351,688.176 3,190,011 747,750 6,871,190 993.138 795~426 8~338~373 _ _ 60,352,591 ,, 37 t~828~838 7,44C 153 168,204 1.408.649 {852,739) 555.910 39,686 (19.848) 19.838 487,2§0 (300,698) 188.582 922.135 (500.803) 421.532 6~212~292 (3.418;743) _ 2 963r813- 168 264 g 070,022 (5,090,631 } 4,147~855 117,075,711 ....... S 277,362,116, , ~1~ S 17,714,999 ' S~ $ 50,352.591 S', 375~970,293 29 I I i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 6 - LONG-TERM DEBT SUMMARY OF CHANGES IN GENERAL LONG-TERM DEBT The following is a summary of changes in general long-term debt for the year ended September 30, 1998: 000's Omitted October Debt Debt September 1, 1997 Issued Retired 30, 1998 General Obligation Bonds $ 6 100 Revenue Bonds and Certificates of Indebtedness 61 475 Commercial Pa per 5,660 Notes Payable 69 Accounts Payable 67 Compensated 2,213 Capitalized Leases 1,480 Arbitrage Rebate 15 Total S 77,079 267 16 283 S (2,420) S 3.680 (4,870) 56.605 ('i,538) 4,122 (23) 46 (67) 2,480 (294) 1,186 31 $ (9 212) $ 68,15_ 0 The following is a summary of changes 'n proprielary fund long-term debt for the year ended September 30, 1998: 2 000's Omitted October Debt Debt 1, 1997 Issued Retired Revenue Bonds S 98.329 S $ (5,291) Notes Payable 18,799 7,102 (979) Capitalized Leases 84 (29) Total S 117,212 S 7.102 $ (6,299.~ Deferred Loss Amortized on Bond Discount Refunding S 11 $ (5,159) S 3 . S 145 September 30,1998 87,890 24,925 55 (5,1~9~ SM_ 112 87_ _0 30. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, I998 NOTE 6 - LONG-TERM DEBT - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE Bonds and notes payable at September 30, 1998 were composed of the following: Generat Obliqation Bonds $5,030,000 1996 Public Park and Recreation Municipal Service Taxing Unit General Obligation Refunding Bonds due n annual installments of $65.000 to $795 000 through July 1, 2003; interest at 4.00% to 4.20%. Revenue Bonds and Cedificates of Indebtedness $5,000,000 1973 Improvement Revenue Certificates due in annual installments of S25.000 to $350,000 through July 1,2003; interest at 5.50% to 6.25%. Race track revenues are pledged for the payment of these bonds. $8,225,000 1992 Capital Improvement Revenue Refunding Bonds due in annual installments of $240,000 to $635,000 through October 1. 2013; interest at 2.70% to 5.80%. Local government half-cent sales tax revenue is pledged for the debt service on these bonds. $30,415,000 1994 Capital Improvement Revenue Refunding Bonds due in annual installments of S1,090,000 to $2,790,000 through October 1, 2012; interest at 4.35% to 6.00%. Local government half-cent sales tax revenue is pledged for the debt service on these bonds. $5,770,000 1995 Road Improvement Refunding Revenue Bonds due in annual installments of $290,000 to S510,000 through June 1, 2010; interest at 3.60% to 5.375%. Ninth cent and seventh cent gas tax revenues are pledged for debt service on these bonds. $2,145,000 1996 Guaranteed Entitlement Revenue Refunding Bonds due in annual installments of $175.000 to S360,000 through October 1, 2002; interest at 4.19% fixed rate. State revenue sharing receipts are pledged for the debt service on these bonds. $13,000,000 1997 Special Obligation Revenue Bonds due in annual installments of $965,000 · ' to $2,560,000 through March 1, 2004; interest at 3.70% to 4.35%. Non ad valorem revenues are pledged for debt service on these bonds. $1,870,000 1997 Naples Park Area Stormwater Improvement Assessment Bonds due ~n annual installments of $75,000 to $185,000 through September 1, 2012; interest at 6.45% fixed rate. Stormwater improvement assessment proceeds are pledged for the debt service - on these bonds. Total Limited Obligation Revenue Bonds '~ ~'~i' ' Commorci'al Paper $6,970,000 Commercial Paper issued by the Florida Local Government Finance Commission Pooled Commercial Paper Program, variable rate for tho current fiscal year of 3.58% to 3.83%, collateralized by non ad valorem revenue. 31 6A2 $ 3,680,000 $ 1,580.000 6,940,000 29,325 000 4.855,000 1,670,000 10,440,000 1,795,000 $ 56,605,000 S 4,122,000 I i ! I I I ! I I I I I I I I I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 6 - LONG-TERM DEBT - CONTINUED ~ . DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED Notes Payable · $160,500 1993 note payable to a financial institution, collaterafized by ad valorem taxes !'collected within the Isle of Capri Fire District payable in annual installments of $22,928 through April 2000. Interest payable at 6.63% per annum. Enterprise Fund Revenue Bonds $468,500 1982 Goodland Water District Water Revenue Bonds due in annual tllments of $2,000 to $110,000 through September 1, 2021; interest at 5.00%. Principal and interest are payable from the net revenues of the system and special assessment collections. $15,960,000 1990 Collier County Water and Sewer District Sewer Assessment Bonds due in annual installments of S290.000 to $1,120,000 through October 1, 2011; interest at 6.10% to 7.15%. Principal and interest are payable from special assessment collections and the net revenues of the system on a subordinated basis to the 1991, 1992 and 1994 County Water and Sewer Revenue Bonds. $55,225,000 Collier County Water and Sewer District, Water and Sewer Revenue Bonds, Series 1991. Due 'r~ annual installments of $170,000 to $3,590,000 through July 1, 2021; interest at 4.40% to 6.50%. Principal and interest are payable from the net operating revenues of the system, system development fees and special assessment collections. $13,090,000 Collier County Water and Sewer District, Water and Sewer Revenue Bonds, Series 1992. Due in annual installments of $595.000 to $965,000 through July 1, 2010; interest at 3.20% to 6.375%. Collateralized by a parity first lien on the pledged revenues listed on the $55,225,000 Water and Sewer Revenue Bonds, Series 1991. $24,225,000 1994 Taxable County Water and Sewer Refunding Revenue Bonds due in annual installments of $375,000 to $2,315,000 through July I, 2010; interest at 3.35% to '-6.88%. CoIlateratized by a parity first lien on the pledged revenues isled on the $55,225,000 Water and Sewer Revenue Bonds, Series 1991. $40,320,000 1994 County Water and Sewer Refunding Revenue Bonds due in annual installments of S55,000 to $4.315.000 through July 1 2021; interest at 3.0% to 5.35%. Collateralized by a parity first lien on tho pledged rovenues listed on the $55.225,000 Water and Sewer Revenue Bonds, Series 1991. Unamortized bond discount Deferred loss on bond refunding Total enterprise fund revenue bonds current portion of bonds payable from restricted assets Long-term portior~ of enterprise fund rovenue bonds 32 $ 45,857 $ 121,000 605,000 23,440,000 9,245,000 20,070,000 39,665,000 93,146,000 (97,133} (5,159,305) 87,889,562 (3,329,000), $ 84,560 562 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 19L:8 NOTE 6 - LONG-TERM DEBT- CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED Enterprise Fund Notes Payable $5,890,100 note payable to private water and sewer company, payable through use of water and sewer system development fee credits by company or its assignees, or, to tho extent of unused credits, payable at the current cash value of the credits (minimum of the original face value) in 2006. Non-interest bearing note; interest imputed at 7.00%. $1,469,999 County Water and Sewer District note payable to private developers, payable through use of water and sewer system development fee credits. Non-interest bearing note. $41,167 County Water and Sewer District agreement with private developers payable through use of water and sewer system development fee credits. Non interest bearing agreement. $166,580 County Water and Sewer District agreement with private developers payable through use of water and sewer development fee credits. Non interest bearing agreement. $14,547,667 State Revolving Fund Loan. to be drawn down as required for construction commitments, interest payable at 4.25% repayable in 20 annual paymenls commencing October 1, 1992, collateralized by a lien on pledged revenues consisting of net revenues (as defined in the lean resolution) from the operations of the County Water-Sewer System, proceeds derived from the revy of special assessments levied upon the propedies benefited by the prelect, system development fees and connection fees. Th9 lien shall be subordinate in all respects to liens placed upon pledged revenues eslablished by bonded indebtedness $12,076,452 State Revolving Fund Loan to be drawn down as required for construction commitments, interest payable at 2.65% repayable in 5 semiannual payments ~ commencing January 15, 1999, collateralized by a lien on pledged revenues consisting of net revenues (as de~ned in the loan resolution) from the operations of the County Water- Sewer System, system development fees and connection fees. The lien should be · - subordinated in all respects to liens placed upon pledged revenues established by bonded indebtedness. $2,000,000 Commercial Paper issued by the Florida Local Government Finance Commission Pooled Commercial Paper Program, variable rate for the current fiscal year of 3.58% to 3.83%, collateralized by non ad valorem revenue. Unamodized discounts Total enterprise fund notes payable Less current portion of notes payable from unreslricted assets Less current podion of notes payable from restricted assets Long-term portion et enterprise fund notes payable 33 $ 3,353 129,842 5,750 139,780 11,037 738 12,076,452 1,540,000 24,932,915 .. (8,144) 24,g24.771 (270,581) _ (1,433,958) $ 23.220 232 I i I I I I I ! ! I i I I 1999 20O0 2001 ;~ ~ ~.'-: 2002 ,2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ! ;:'~:, · NOTE 6 - LONG-TERM DEBT - CONTINUED - SUMMARY OF DEBT SERVICE REQUIREMENTS TO MATURITY The total annual debt service requirements' to maturity of long-term debt. excluding compensated absences, capitalized leases and discounts, are as follows: Thereafter Total debt service requirement interest Total $ Limited Spedal Waterand General Obligation ObligaSon Sewer Obligation Revenue Revenue Revenue Bonds Bonds Bonds Bonds 829.555 $ 4,940,490 $ 3.190,355 $ 8,821,958 827,355 4,949,554 3,092,795 8,791,403 829 155 4.630.582 1.667.030 8.768,735 829,755 4,917.982 1,614,443 8,755.508 828,390 4,920.666 1,285.293 8,881.398 41~589~809 3,743,383 109~966~669 4~144~210 65~949~083 14,593,299 . 153,965~671 (464,210} .(21,579,083) . _(2,358,299) . (60,819~671) 3.680.000 $ 44.370.000 $ 12~235,000 $ 93~ 146.000 Notes Payable . Total 4,294,532 $ 22,076.890 3,934.468 21,595.575 3.01 O, 322 18,905,824 2,599.523 18,717,211 1,842,403 17.738.150 2t,272,453 m 176,572~314 36,953,701 275,605,964 · (7,852,929} (93,074,192) 29,100,772 S 182r531~772 The amount available in debt service funds to service general obligation bonds, revonuo bonds and certificates of indebtedness, commercial paper and notes payable obligations are $53,462, $9,638,237 $7,659 and S4,411, respectively. Interest costs on long-term debt incurred and capitalized during the year ended September 30, 1998 were as follows: Total Interest Interest Cost Net Inlerest Cost Incurred Capitalized Expenso Enterprise Funds $ 6 738 194 $~640) $ 6 582.554, DEBT MARGIN The Constitution of the State of Florida and the Florida Statutes set no legal debl limil. RESTRICTIVE COVENANTS iOfficial statements and Board resolutions authorizing the genera obligation and revenue bonds oslabllsh certain accounts and determine the order in which certain rovenues are to be deposited inlo those accounts "'as well as establish reserve requirements All required balances were maintained. 34 C~LLIER COUNTY BOARD OF COUNTY COM~ISSIONEP, S 6 A 2' NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER ,30, 19'-J8 NOTE 6 - LONG.TERM DEBT - CONTINUED SUMMARY OF DEBT SERVICE REQUIREMENTS TO MATURITY - CONTINUED Water and sewer revenue bonds are payable solely from and secured by a first lien upon and pledge of tho net revenues and certain other fees and charges derived from the cperation of the County's water and sewer system. The pledge of the net revenues derived by the Board from the opera,'on of the water and sewer system does not constitute a lien upon the water and sewer system or amy other property of the County. The covenants of the resolutions authorizing the County Water and Sewer District Revenue Refunding Bonds, Series 1991, 1992 and 1994 include, among other things, an obligation for the Board to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services and facililies of the and sewer system, and to revise tho same from time to time whenever necessary, so as to always ~; provide in each year net revenues, as defined in the resolutions authorizing tho revenue bonds, which together with the system development fees and special assessment proceeds received in each fiscal year shall be adequate to pay at least 125% of the annual debt service requirements for the Water and Sewer Revenue Refunding Bonds; provided, however, that net revenues in each fiscal yr;ar shall be adequate to pay at least 100% of the annual debt service for the bonds; The Goodland Water District Water Revenue Bonds require the Board to maintain such rates and fees (including special assessment proceeds) to provide revenue sufficient to pay necessary expenses of operating and maintaining the systems and to meet at least 100% of the annual debt service for the bonds. The bond resolution of the S15.960.000 Collier County Water and Sewer District Sewer Assessment Bonds, Series 1990, provides for the establishment and maintenance of a reserve account in an amount equal to the reserve account requirement, which shall be maintained for the benefit of the holders of the bonds. The reserve account requirement is defined as an amount equal to the lesser of (i) tho maximum annual debt service for all outstanding bonds; (ii) 125% of the average annual debt service for all outslanding bonds; or t 10% of the aggregate proceeds of the bonds. In the opinion of managomenl the water and sewer funds were in compliance w~th these covenants for tho year ended September 30, 1998 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1938 NOTE 6 o LONG-TERM DEBT - CONTINUED LEASE OBLIGATIONS ;~Capitalized leases payable at September 30, 1998 amounted to $1,240 659. These obligations, Which are collateralized by equipmenl and vehicles, have annual installments ranging from $246,514 to $390,186 including interest ranging from 0% to 6.0% and mature through 2002. Future minimum capital lease obligations as of September 30, 1998 were as follows: Internal General Service Long-Term Debt Funos 1999 S 356,798 20O0 356,797 2001 356,797 2002 246,514 Total minimum lease payments 1,316,906 Less amount Representing Interest (130,951 ) Present value of Minimum lease Payments $ 1,185,955 The Board has enlered equipment for the into numerous operating leases Total $ 33,388 S 390,186 24.104 380,901 356,797 246.514 57,492 1,374,398 (2,788) (133,739) 54,704 S 1.240,659 Rental expenditures for leased facilities and fiscal year ended September 30, 1998 were $637,907. Commitments for future minimum operating lease payments, contingenl rentals and subleases are not nificanl. NOTE 7- REVENUE BONDS ADMINtSTERED BY THE STATE OF FLORIDA Section 206.41, Florida Statules, imposes an excise tax on motor fuel sold in Florida. This tax is known as the Constitutional Gas Tax (also known as the 5th and 6th Cent Gas Tax). This tax is collected by lhe State Department of Revenue and transmitted to the State Board of Administration. The State Board of Administration makes payments necessary to reduce the bonded indebledness ~ssued pursuant to tho · ' of the State Constitution for road and bridge purposes. Excess taxes are transmitted to lhe State Department of Transportation. which can appropriate funds for work done in Collier County and also transmit to the Board itself to fund highway capital improvements. .'~: accordance with the above, the State Board of Administration administers Collier County Road Bend Certificates of Indebtedness dated 1979, of which $5,950,000 is outstanding as of September 30, 1998. This issue is not recorded in the General Long-Term Debt Account Group, because the principal and interest are uired to be paid solely from the gross revenue of the Second Gas Tax administered by lhe State Board of Administration. These bonds are not an indebtedness of Collier County, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 8 - CONDUIT DEBT OBLIGATION~ :.. ,~ $17,335,000 Pine Ridqe Industrial Park and Naples Production Park Special Assessment Bonds, Series 1993 During September 1993, the Board issued, on behalf of the property owners within the Naples Production ~ , · Park and Pine Ridge Industrial Park Districts, $17,335,000 of special assessment bonds. The bond proceeds from the issue were used to repay amounts previously borrowed under the Board's line of credit arrangement. Special assessments are pledged by propecty owners within the Districts. The Board is not obligated to repay special assessment debt if sufficient assessment funds are not available. The Board functions as agent rot the property owners in collecting the assessments, forwarding the collections to bondholders, and initiating foreclosure proceedings, if appropriate. The special assessments received and the related debt service payments are accounted for in an agency fund on behalf of the property owners. As of September 30, 1998 these bonds have an outstanding principal amount of $12,800,000, NOTEg-DEFEASED DEBT The Board has defeased certain outstanding bond issues by placing the proceeds o1' new bonds in irrevocable trusts to provide for all future debt service payments on the defeased debt. Accordingly, the trusl accounts and the defeased bonds are not included in the Board's financial slatomonls. At Seplember 30, 1998 the following issues were considered derea sed: General Lonq-Term Debt !:'.:': 1986 Capital Improvement Program ':?..Revenue Bonds, Sub-Series 5 Mode A Total Defeased General Long-Term Debt Enterprise Fund Debt '1983 County Water and Sewer District Refunding Bonds '1991 County Water and Sewer Revenue Bonds (partially defeased $25,930,000) Total Defeased Enterprise Fund Debt Defeased Original Bonds Debt Outstanding S 12.245,000 $ 12,245,000 S 9,695,000 9,695,000 Defeased Original Bonds Debt Oulstanding $ 22 000.000 $ 16,340,000 55,225.000 25,930.000 77.225,000 S 42,270,000 'i I I i I I I i ! I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 10 - BUDGET TO ACTUAl,, g principles used to prepare the budget are different from those used Io prepare the financial s in conformity with generally accepted accounting principles (GAAP). The following table reconciles the amounts on the Combined Statement of Revenues. Expenditures and Changes in Fund Balances - Budget to Actual (which is presented on a non-GAAP budgetary basis) to the amounls on the Combined Statement et' Revenues Expenditures and Chan§es in Fund Balances (which is presented on a .G. ~A/AP basis). Excess of revenues and other g sources over expenditures and other financing (budgetary basis) Basis difference: i~ ,' Deferred reven LJe Excess of revenues and other financing sources over expenditures and olher financing uses (GAAP basis budgeted funds) Entity'difference: Non-budgeted funds: Euclid and Lakeland Assessment Impact Fees Escrow Excess of revenues and other financing sources over ~: expend[lures and other financing fuses (GAAP basis) Special Debt Capital Expendable Revenue Service Projects Trust $ 3,526,997 $ 280,065 $ 18,483,409 $ 643.054 (715,063) (5,672,483) 2,811,934 280, 0G5 12,810.926 643,054 2,650 69_..~_65_2 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE Ii - CONTRIBUTED CAPITAL I'ollowin is a summary of changes m contributed capital: 6A2 October 1, 1997 Contributions . Source: Developers Customers Other Funds Dispositions :)epreciatJon County Water Marco Water Emergency and and Goodland Solid Wasle Medical Airport Sewer Sewer Water Disposal Services Aulhorit), $ 227,501,785 $ 3,305,746 793.004 Tetal 485.226 $ 822,385 $ 6,472,146 $ 239.380,292 461.619 461,619 8,855,048 ~ 8,855,048 11,635,587 11,635,587 356 3,048 3,404 (166,579) (2,147) (168,726) (4,621,263). (82,644) ~eptember30o1998 $ 243.204,934 $ 3,223,102 $ (19,825) (4,162} (145,702} (299,525) . (5,173,121} 773,179 $ 484,112 $ 674,536 $ 6,634,240 $ 254,994,103 October 1, 1997 Contributions Source: Depreciation 30,1998 $ Office of Capital Information Self Projects Department Fleet Technology Insurance Management of Revenue Managemenl Total $ 517,983 $ 6,368 $ 949,739 $ 101 387 $ 1.931 (97,572), 422,342 791,352 $ 2,366,829 1,780 8,000 11.711 (1,495) (26,952}.. (43,719) (306,809) (476,547) 4.873 $ 922 787 $ 59.448 $ 492.543 $ 1.901.993 39 I i I I i I i I i I ! COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 12 - DEFERRED COMPENSATION PLAN Under separate agreements with the National Association of County Ofricers and the International City Managers Association, the Board offers its employees a choice of two deferred compensation plans created in accordance with Internal Revenue Code Section 457. The plans available to all County employees, permit them to defer a podion of their salary until future years. The deferred compensation is not available to employees or their estate until termination, retirement, death or unforeseeable emergency. Effective January 1, 1997 Federal legislation converted the Section 457 deferred compensation assets from Board assets to employee assets. As a result of this legislation, plan assels are no longer subject to the claims of the Board's creditors. The Board has previously reported the assets and liabilities of the deferred compensation plans in the Board's financial statements as an agency fund. Effective with the change in Federal legislation fiduciary responsibility for plan assets has been transferred to the third party plan administrators. Accordingly, these assets are no longer repealed in the accompanying financial statements, in compliance with GASB Statement 32, "Accounting and Financial Reporting for Internal Revenue Code Seclion 457 Deferred Compensation Plans". NOTE 13 - PENSION PLAN OBLIGATIONS Retirement Plan ??'~'The- Board follows Ihe provisions of GASB Statement 27, "Accounting for Pensions by State and Local Governmental Employers", as described in the following disclosure, Plan Description The Board contributes to the Florida Retirement System (the System), a cost-sharing, multiple-employer, deFined benefit pension plan administered by the State of Florida, Division of Retirement. The System provides retirement and disability benefits, annual cost-of-living adiustments, and dealh benefits to plan members and beneficiaries. The Florida Legislature established the System under Chapter 121. Florida Statutes, and has solo authority to amend benefits provisions. Each year [he System issues a publicly available financial report that includes financial statements and required supplementary informalion, The repeal may be obtained by writing to tho Florida Depadment of Managemenl Services, Division of Retirement, 2639 North Monroe Street, Building C, Tallahassee, FIorida 32399-1560. Funding Policy :., ' The System is non-contributory for employees and the Board is required to contribute at an actuarially determined rate. During the fiscal year, the rate was approximately 17% of annual covered payroll. The contributions of the Board are established and may be amended by the State Legislature. The Board's contribulions to the System for the years ending September 30, 1998, 1997 and 1996 were S5,149,753, $5,737,456 and $5,266,510, respectively. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 14 -SEGMENT INFORMATION - ENTERPRISE FUNDS The County maintains six enterprise funds which provide water, sewer, solid waste disposal, emergency services and airport services. Segment information for the year ended September 30, 1998 is as follows: Operating revenue Operating expenses: Depreciation and amortizabon OperaUng expenses Operating income (loss) Nef, non-operating revenues (expenses) Income (loss) before operating transfers Operating transfers in Operating transfers out Net income (loss) conbdbutions, net Properly, plant and equipment: AddiUons Deletions Net worldng capital Total assets rotal long-term liabilities fund equity i' '::i~: "":- :".r,. County Water Marco Water Goodland and Sewer and Sewer Water $ 39,305,310 $ 647,867 $ 326,316 9.631.274 117,716 18.059.275 564.319 11.614,761 (34,168) (1,047,289/ 8.043 10,567,472 _ (26,125~ 71.235 (61,9141 10,576.793 15,703,149 57,015 264.257 5.044 25,457 30,501 $ ,, (26,1251 $ 30,501 $ (82,644/ $ (19,825) $ 33.151.544 S $ $ .... (1,932.366) $ $ $ 80.975.222 $ 279.487 $ 459 276,760 $ 3.624.773 $ 106,909,836 $ 3.808 $ 337,592,243 $ 3,505.035 41 365.307 485,390 $ 1,318,721 $ 117,000 1,193,439 m m m m m m Emergency Solid Waste Medical Airport Disposal Services Authority Totals $ 13,512,587 S 4,212,992 $ 957,163 $ 58,962,235 375,989 218,088 398,921 10,799,003 11,771,747 9,168,436 1,230,912 41,058,946 1,364 851 (5,173,532/ ' (672,670) 7,104 286 1,634 647 28,423 (I 18,906) 530.375 2,999.498 . (5,145,109} (791,5761 7,634,661 4,184,500 4,255,735 (119,953) (2,000) (183,867) $ 2,879.545 $ (962,609) $ (791,576! $ 11,706,529 $ (4,162} $ (147,8491 $ 162.094 $ 15,610,783 321,254 $ 24,889 $ 1,444 246 $ 35,307,240 $ (856,991) $. (162,604) $ (748,7251 $ (4,057,563) $ 20,613,999 $ 416.768 $ . (1,825,231} $. 100,945 535 $ 28,650845 $ 1.674,848 $ 11,552,621 $ 506,098,568 $ 1.472,888 $ 26.395,245 $ 354,755 $ 5,492,944 $ 114,351,231 1,055 151 $ 5,329,418 $ 375,070,531 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 15 - OPERATING TRANSFERS Operating transfers for the year ended September 30, 1998 were as follows: FUND Transfers In Transfers out General Fund $ 757,300 Special Revenue Funds: Road Districts 5,972,200 Water Management and Pollution Control 57,600 Unincorporated Areas 233,200 Grants and Shared Revenues 345,238 Improvement Districts 504,100 Fire Control Districts 359,800 Museum 344,400 Lighting Districts . Tourist Development Debt Service Funds: Marco Island Limited General Obligation Bonds Road and Other Improvements Special Obligation Revenue Bonds Series 1997 Capltal Projects Funds: County-Wide Capital Improvements Parks Improvements County-Wide Library Parks Impact Districts Road Construction Water Management Other Capital Projects Enterprise Funds: County Water and Sewer Emergency Medical Service Internal Service Funds: Information Technology Office of Capital Projects Management Department of Revenue Trust and Agency Funds: Criminal Justice State Court Administration Confiscated Property Utility Fee Total 7,816.538 1,807.295 1,732,828 3,037.900 6,578,023 4,148 000 73 500 181,600 1,521,300 309,200 6,233,600 60,400 4,184,500 4,244,900 11,900 15.000 26,900 3,003,768 3,003.768 28.661,029 $ 20,635,816 42,500 1,231,000 7,300 292 600 3,581 917 5,155,317 4,200 297,358 332,200 1,239,200 2~000 1.874,958 2,000 2,000 431,700 28,000 459.700 275,500 245 238 12,500 533,238 $ 28,661,029 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 16 - FUND EQUITY Contributed capital: Balances represent capital grants and contributions received from developers, customers and other governments or funds. Retained Earnings Enterprise funds - Reserved for revenue bond retirement: Balances are reserved in conjunction with the issuance of County Water and Sewer, Marco Water and Sewer and Goodland Water revenue bond issues, They have been [unded by initia deposits from the bond proceeds and by transfers from the operating accounts of the appropriate funds. The use of monies in the sinking .fund is restricted to the payment of principal and interest on long-term debt. Enterprise funds - Reserved for renewal and replacement: Balances are reserved in conjunction with the issuance of County Water and Sewer and Marco Water and Sewer revenue bond issues. They are funded by transfers from the operating accounts of the appropriate funds. The use of monies in tho renewal and replacement fund is restricted to funding tho cost of extensions, enlargements and additions to, replacement or major repair of capital assets. Enterprise funds - Unreserved: Balances are not reserved for specific purposes. Internal service funds - Unreserved: Ba!ances are not reserved for specific purposes. Fund Balances Reserved Reserved for advance to other fund: Balance represents long-term advance made to another fund which does not constitute expendable available financial resources. Reserved for long-term notes receivable: Balances represent long-term loans made to individuals which do r~ot constitute expendable available financial resources Reserved for encumbrances: Balances are segregated for expenditure upon vendor performance. Reserved for inventor'/: Balances represent items which are not considered available and spendable resources. Reserved for prepaid costs: Balances represent insurance, travel and other expenses paid in advance and which are not considered available and spendable resources. Reserved for debt service: Balances represent monies legally restricted to the payment of principal and interest on long-term debt. Reserved for trust fund purposes; Balances are reserved as legally mandated or as otherwise stipulated by a donor. Fund Balances Unreserved Designated for impact fees: Balances represent affordable housing impact fees deferred by the Board of County Commissioners to be funded by the Board in the future. Designated for debt service: Balances are designated for the payment of principal and interest on long-term debt. Designated for future capital projects: Balances are designated for future capital project expenditures. Undesignated: Balances are not designated for specific purposes. 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 17 - RISK MANAGEMENT BOARD'S SELF-INSURANCE The Board is exposed to various risks of loss related to tod; theft oi', damage lo and destruction of assets; errors and om~ssions; injuries to employees and hatural disasters. A self-insurance internal service fund is maintained by the Board to administer insurance activities relating to workers' compensation, health and property and casualty, which covers general, property, auto, public official and crime liabilities. Under these programs, tho self- insurance fund provides coverage up to a maximum amount for each claim The Board purchases commercial insurance for claims in excess et coverage provided by the selt'-insurance fund and for all other covered risks of loss. Claim Type Property damage claims Auto liabdity claims Employee health claims Workers' compensation claims County's Excess Carrier's Coverage Coverage $100 000 each S100 000 each $125,000 each $150,000 each $100,000-$5,000,000 $100,000- $1,000,000 $125,000-$1,000,000 $150,000- $5,000,000 The aggregate loss exposure on workers' compensation and property and casualty claims is $1,240,000. Settled claims have not exceeded the insurance provided by third pady carriers in any of the past four years. Charges to operating departments are based upon amounts believed by management to meet the required annual payouts during the fiscal year and to pay for the estimated operating costs of the programs. For the fiscal year ended September 30 1998 the operating depadments were charged approximately $6,108,626 for workers' compensation, health and properly and casualty self-insurance programs, The claims loss reserve for workers' compensation, health and property and casually of $ 5,723,448 reported at September 30 1998 was calcu:ated by third party actuaries based upon GASB Statement 30, "Risk Financing Omnibus", which requires that a liability for claims be reported when it is probable that a loss has been incurred and the amount of that loss can be reasonably estimated. The estimated liabilities for unpaid losses related to workers' compensation and property and casually were discounted at 4.5%, 45 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 17 - RISK MANAGEMENT - CONTINUED BOARD'S SELF-INSURANCE - CONTINUED es in the self-insurance claims payable for fiscal year 1997 and 1998 were as follows for the Board: · Balance October 1, 1996 !~_~;,i :· Current year claims incurred and changes in estimates ~· Claim payments Balance September 30, 1997 Current year claims incurred and changes in estimates Property and Group Workers' Casualty Health Compensation Total S 880,062 $ 550,000 $ 3,633,077 S 5,063,139 1,113,267 4,357.053 1,963,319 7,433,639 (360,581) (4.197.998) (2,214,751) (6,773,330) 1.,632,748 709,055 3,381,645 5,723,448 940,975 ' 5,386,732 630,570 6,958,277 Claim payments Balance September 30, 1998 (626,716) (4,892,274) (1,153,603) (6,672,593) S 1,947,007 $ 1,203,513 S 2,858,612 $ 6,009,132 NOTE 18 - LANDFILL LIABILITY May 1, 1995 the Board entered into an agreement with a company for the privatization of tho Board's landfil operations, Under the contract, the company is responsible for the daily operations, capital improvements. closure, postclosure and financial assurance requirements of the Naples and Immokalee landfill sites. At this time there is no reason for management to believe that the contractor will not be t'inanciaIIy capable of meeting the closure and postclosure responsibilities fo the contract. The Board of County Commissioners is responsible for the postclocure costs relating to two cells at the Naples landfill sile, and one cell at the Immokaleo landfill site, None of the cells that the Board is responsible for has accepted waste since December 1989, The Board is also responsible for staffing and operating the scale house at each site. · In accordance with U.S. Environmental Protection Agency rule "Solid Waste Disposal and Facility Criteria" and GASB Statement 18, "Accounting for Municipal Solid Waste Landfill Closure and Postclosure Care Cosls", a liability has been established representing amounts estimated lo bo spent on pos/closure relating to the Ihroe cells ~.; for which the Board is responsible. The Solid Waste Disposal fund currently holds an amount in restricted cash and investments equal to the postclosure landfill liability. The Board's estimated liability in connection with the landfills is included in the enterprise fund balance sheet. The landfill liability will be reassessed on an annual ~ basis, and any increase necessary will be recorded as a current cost. NOTE 19 - DEFICIT RETAINED EARNINGS The Airport Authority enterprise fund has a deficit retained earnings balance of (S1,304,822), and total fund equity of $5,329,418. 46 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 20 - SIGNIFICANT CONTINGENCIES LITIGATION The Board is involved as defendant or plaintiff in certain litigation and claims arising in the ordinary course of operations. In the opinion of legal counsel, the range of potential recoveries or liabilities wilt not materially affect the financial position of the Board. STATE AND FEDERAL GRANTS Grant monies received and disbursed by the Board are for specific purposes and are subject to review by the grantor agencies. Such audits may result in requests for reimbursement due to disallowed expenditures. Based upon prior experience, the Board does not believe that such disallowances, if any, would have a material effect on the financial position of the Board. NOTE 21 . SIGNIFICANT COMMITMENTS CONSTRUCTION COMMITMENTS Expended as of Project September 30, Future Authorization 1998 Commitments Parks $ 2,609,889 $ 1,709,734 $ 900,155 Roads 22,701,161 20,004,835 2,696,326 Utilities 46,140,443 30,947,226 15,193,217 Landfill expansion and closure 1,149,322 767,660 381,662 Buildings 1,964,681 1,467,166 497,515 Airports 534,323 403,904 130,419 Beach restoration 5,054,925 3,907,849 1,147,076 Stormwa/er drainage 1,013,046 768 156 244,890 Total $ 81,167,790 $ 59,976,530 $ 21,191,260 ROAD AND REGIONAL PARK IMPACT FEE AGREEMENTS In the past, the Board has acquired right-of-ways and received beach parking and road construction services from various developers in exchange for impact fee credits. Amounts granted for impact fee credits were based on the market value at the time the property, improvement or services were received. The developers, their successors or assignees may utilize the road impact fee credits for future development activities. No time limits are set for use of the credits. As the credits are consumed, impact fee revenue is recognized. At September 30, 1998 the Board had outstanding regional park impact fee and road im.aact fee agreements with developers of $73,283 and. $2,949,732, respectively. I i I i i I 47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1~°98 NOTE 22 - SUBSEQUENT EVENTS WATER AND SEWER REFUNDING REVENUE BONDS ISSUED On January 21, 1999 Collier County issued the S6,605,000 Collier County Water and Sewer District Revenue Refunding Bonds, Series 1999A. The proceeds will be used to partially refund the Collier County Water and SE District Revenue Bonds, Series 1992, which had an outstanding principal balance as of September 30, of $9,245,000. As a result of the refunding the District reduced its total debt service requirements by $466,589, which resulted in an economic gain (the excess of the present value of the old debt service pay over that of the new debt service) of $355,076. n April 1999 the Board of County Commissioners anticipates issuing the $22,855,000 Coliier County Water and Sewer District Revenue Refunding Bonds, Series 1999B. The proceeds wil be used to refund the Collier County Water and Sewer District Revenue Bonds, Series 1991, which had an outstanding balance as of September 30, 1998 of $23,440,000. The Series 1999A bonds were issued on a parity with the Collier County Water and Sewer District's outstanding bonds. The Series 1999B bonds will also be issued on a parity with the Collier County Water and Sewer District's outstanding bonds. The principal and interest of these bonds shall be secured equally and ratably with prior District bonds by a pledge of net revenues derived from operation of the District's water and sewer system. THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I 2 I i I REQUIRED SUPPLEMENTARY INFORMATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30. 1998 64,2 Impact of Year 2000 The problem of Year 2000 revolves around the predominant use of two digit date fields for space saving purposes, instead of four digit date fields, in older computer systems. If left unattended, this date field problem could cause failures in time sensitive software, resulting in the temporary inability to engage in normal business activities. The Board of Counly Commissioners has completed an assessment of its exposur~ to the Year 2000 issue, and is now in the process of modifying, replacing and testing its computer systems in order to insure that ils systems will function properly with respect to dates in the Year 2000. As of September 30, 1998 the Board has encumbered to spend $75,000 with hardware and software vendors for system modifications. The Board's Year 2000 remediation work for its mission-critical systems and electronic equipment are in the following stages o~' work. C means complete, P means in process and A means still needs lo be addressed. Awareness Assessment Remediabon Validalion/Tosling_ Budget System C C P A EMS Billing System C C P A Facilities Management C ' C P A Fire and Rescue ~ .... C P A Fleet Mana(jemenl C C P A In[on"nation Tech nolo~/ C C P A Special Assess merits C C P A Tralf~c Signalization C C P - A ' Util~ Billin.'2 System C . C P '-' A The project is estimated to be compleled no later than September 30, 1999. Management believes that as a result of the plan currently being implemented, the Year 2000 issue will not materially affect operaUons. However, if such conversions and modifications are not completed in a timely fashion, the Year 2000 issue could have a material impact on the operation of the Board. 49 I I I I I I I I I ! I I ! ! I I COLLIER COUNTY~ FLORIDA BOARD O'F COUNTY COMMISSIONERS MANAGEMENT LETTER SEPTEMBER 30, 1998 i:Z, THIS PAGE INTENTIONALLY LEFT BLANK 2 I !' I I I I I I I I I ! ! ! RO Box 31002 I St. Pelersburg, FL 33731-8902 RO. Box 1439 Tampa, FL 336014439 i Honorable Barbara B. BerD', Chairperson and Distinguished Members of the Board of County Commissioners Collier County, Florida: Management Letter i ! I I I I I We have audited the financial statements of the Collier County, Florida, Board of County Commissioners, as ofand for the year ended September 30, 1998, and have issued our report thereon dated January 8, 1999. In planning and performing our audit of the financial statements of the Collier County, Florida, Board of County Commissioners, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. An audit does not include examining the effectiveness of ~nternal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A material weakness is a condition in which the design or operation of lhe specific internal control components does not reduce to a relatively Iow level the risk that errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. However. we noted no matters involving internal c'ontrol and /ts operation that we consider 1o be material weaknesses as defined above. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the ComptroIl~cr General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of governmental audits performed in the State of Florida and require that certain items be addressed in this letter. Thc Rules of the Auditor General require that we comment on whether irregularities reported or recommendations made in the preceding annual financial audit have been corrected. The status of prior year comments is noted in Appendix B. Current year recommendations are noted in Appendix A. il lien As required by thc Rules of the Auditor General, we determined that thc Colhcr County, Florida's fiscal year 1998 annual financial report, which includes the financial information of thc Collier County, Florida, Board of Count)' Commissioners, and wP, ich was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with thc audited financial statements for thc same period. Further, as required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.503(I), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that the Collier County, Florida, B6ard of County Commissioners met any conditions indicative of a state of financial emergency as defined in that Section. The Rules of the Auditor General also require that we report on the Collier County, Florida, Board of County Commissioners' legal authority or enabling act. In that regard, the Collier County, Florida. Board of County Commissioners was established by the Constitution of the State of Florida, Arlicle VIII, Section l(d). This report is intended solely for the information and use of the Collier County, Florida, Board of County Commissioners and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. January 8. 1999 Current Year Comments and Recommendations Appendix A EMS Billings for EMS are transmmed to Finance via a manual process. A direct computer interface provides for a more efficient process and effective control. Additionally, during the year billings for EMS were not recorded in a timely manner which resulted in two months whereby rcvcnuc was not recognized. The revenue was accumulated and recorded in a later month. The cause of this issue ts thc inconsistency of the Department of Revenuc's several billing systems. System problems have led to the Finance Department's staff spending unnecessary time reconciling errors and adjustments. We recommend that the Department of Revenue consolidate systems and operate from a single module that interfaces with the Finance Department. The external collection agencies for EMS have been unable to provide KPMG or the Department of Revenue with a detailed subledger for all accounts under control of the respective agency. We recommend that the Deparvment of Revenue and the Finance Department perform a complete reconciliation of all accounts lhat are being held by collection agencies. The Department of Revenue and the Finance Department have been unable to provide KPMG with detail regarding all accounts greater than two years old. It is the policy of the Department of Revenue to propose a write-off to the Board of County Commissioners for all accounts that had no activity for two years. We recommend that this analysis be performed by the Department of Revenue. Amounts received by collection agencies on over due accounts are being booked to revenue when received. These amounts were already recorded as revenue when the receivable was set up. We recommend that Collier County thoroughly review the process of when the County applies cash receipts from the collection agencies. Investment Portfolio Composition The County has exceeded maximum allowed investments for their bankers acceptances at September 30, 1998. We reviewed the policy noting that only 10% of total investments were allowed to be in bankers acceptances. At September 30, 1998. the County held 14% in their portfolio. We believe that the investment policy may need to be updated to meet the current needs of the County. We believe the County could develop more reasonable percentages based on the investing activity of the County. Retainage Payable The Count3' had a retainage payable amount on the books that related to a closed contract. We recommend that the County implement a more active momtor/ng program for the retainage payable amounts. This involves more communications between the Finance Department and the Public Works Department. This would ensure that contractors are paid amounts due to them in a more timely manner. This would also ensure proper accounting for outstanding retainages. Appendix A, Cont. Impact Fees Escrow Dunng our review of Impact Fees Escrow, we noted amounts dating beyond deposit periods that should possibly be refunded. We suggest that management in finance and user departments communicate more effectively to ensure liabilities are property stated. I i ! I Accounts Receivable Cun'ently the Finance department docs not monitor delinquent miscellaneous accounts receivable. As of September 30, 1998, there is approximately $300,000 in miscellaneous accounts receivable over 90 days. Some of these receivables date back over one year. We recommend that the Finance department implement a procedure to monitor delinquency and collectibility for miscellaneous receivables. Granls During the fiscal year, the County received grant funds from FEMA. It was noted that: The County has formal procedures for reporting regular and overtime hours worked; however they were not being followed with respect to the FEMA grant. · Some instances were noted where there was a significant lag in the payment of overtime and other expenses; however amounts were submitted to FEMA for reimbursement. · Instances were noted whereby expenses that were initially submitted for reimbursement were subsequently identified as not allowable under the grant. We recommend that the Board establish the policies and procedures and communication necessary to ensure that all items reimbursed by FEMA, and other grants, are allowable and paid in accordance with the grant. The following represent prior year findings that were not yet implemented in the current year: Revenue Collections Process The County collects approximately $'~6 million annually from charges for services, impact fees and other miscellaneous revenue. Most of these revenues are collected at the County's Department of Revenue. We noted instances where the amounts charged to the County's customers for impact fees, permit application fees, and miscellaneous services (e.g., photocopying) were either inconsistently or incorrectly computed. The County could improve internal control over the cash receipts function by ensuring that: · Employees are properly trained with respect to the amounts to be charged for sen, ices rendered. · The amounts charged are properly posted. I I II ! I I ! Appendix A, Cont. Thc customer receipt includes a description of the item or service sold and how thc amount charged was computed. Water and sewer impact fee agreements between the County and developers are properly executed and that the fees are properly charged in accordance .with the applicable ordinance. · Clarify the County's current impact fee ordinance and correct any deficiencies that exist with lhc ordinance. · Requirement that there be a control established to verify the calculation of thc assessment of impact fees, such as supervisory approval. There were still several discrepancies found in thc current year audit in the amounts charged fi)r impact fees. Year 2000 System Issues As the next century approaches, there is a growing concern about data processing difficulties being created by date codings of transactions for years after 1999. For example, some computer systems will read only the last two digits of the Year 2000 and interpret the date as 1900; others may not recognize the value and display an input error message, and some may crash. We are aware that the County is in the process of making their applications Year 2000 compliant, but would like to emphasize the importance of this conversion. The greatest risk tends to be with customized mainframe programs, including new ones. Standard packages, software covered by maintenance contracts and microcomputer programs generally involve less risk, but they may also have shortcomings. Programs, data files, system interfaces, electronic and written reports, networks and hardware can cause problems for fimctions that usc or calculate dales, times and ages. Upgrading will involve, in many cases, the replacement of systems and/or extensive reprogramming. Before 2000, thc greatest risks will involve forward-looking information such as lease contracts, fl~ture effective insurance policies, present values, cash payment/collection schedules, deferred revenue, depreciation, long-term claim payout analyses, budgeting and forecasting. Other problems may not surface until the next decade when historical data begins to include Year 2000 transactions (e.g., in policy master files, aging reports, accruals and payroll). The Year 2000 still remains as an issue for thc Count>' as a whole. We recommend that the County perform the following: · The Count5' MIS departments have a formal Disaster Recovery Plan (DRP) in place. It is recommended that this plan be tested to ensure it is sufficient. ]'he goal of the DRP is to improve staffresponsiveness, ease confusion, and provide for logical decisions during a business interruption. Appendix A, Cont. · Y2K issues discussed during the departmental meetings are not documented. Minutes of the departmental meetings should be documented. Minutes of committee meetings could help thc County substantiate that a responsible Year 2000 rcrncdiation effort was undcrlakcn in thc event Year 2000 related liability suits are brought against the County. Fixed Assets The subsidiary ledgers supporting fixed assets require many manual adjustments to reconcile to the general ledger. The majority of these adjustments are thc result of the transfer of assets between various funds. The County should consider implementing a system that can track all movements of assets via the computer. In addition, the County should periodically reconcile the amount of capital outlays to thc fixed asset listing, and this listing to thc general fixed asset account group or the proprietary fund fixed asset account. This would assist in ensuring proper recording of account balances at year end, as well as ensuring all fixed assets are accounted for within thc correct fund type, Prior Year Comments Appendix B Closing, the Books The County significantly improved thc closing the books process during fiscal 1996/97. We noted several opportunities to further enhance the procedures implemented during fiscal 1996/97. 'Fhe County should consider the following: · Periodic (c.g., quarterly) reconciliations of account balances with respective constitutional officers. · Reconciliation of thc water and sewer accounts receivable general ledger accounts on a monthly basis with the accounts receivable aging report prepared by the Department of Revenue. · Review the comprehensive annual financial report during off-peak pcrmds f'or opportunities to streamline disclosures. · Perform a time survcy to identify peaks and valleys in thc staffs workload which could create opportunities to move some of thc year-cad closing processes (e.g.. fixed asset accounting and other standard accruals) to slower times of thc year. · Ensure all general ledger accounts arc reviewed and reconciled at least quarterly. · Develop a year-end closing computer template that lists the financial inforrr,ation required of the constitutional officers and thc related reporting deadlines. In the current fiscal year, the County has significantly improved upon its procedures when closing thc books. Internal Service Fund The County operates an 800 Mtlz system for communication for various user departments. The operating fees arc accounted for within a capital projects fund. The aclual operation of the communication system is more closely related to the type of activities typically accounted for in an internal service fund. The Board should consider accounting for user charges within an internal service fund. An internal scrvicc fund was not established for thc 800 Mltz systcm as it was not management's intcnt to recover costs from thc departments using the system. With m) user charges, the internal service fired ',,,'as considered unnecessary. Information Systems Control Review In a complex information systems environment such as that of Collier County, tt is essential to establish and maintain organizational controls to ensure system integrity. We noted organizational controls to be adequate. However. one exception noted was that the County's Internal Audit Department does not perform EDP audits over any of thc data processing departments, EDP audits should be performed on an annual basis. Management has hired an EDP Auditor to start performing EDP audits. ! I ' 2 Appendix B, Cont. Fixed Assets In 1996, the Board made several acqmsitions of propcrty to bc used in opcratmns. '['hcsc acqmsitions included a building that had a significant piece of land attached, tIowevcr, the entIre purchase was treated as a building and the total land and building cost is currently being amomzed. The County should separate the cost of the land from the building to ensure amounts are properly reported over the life of the asset. Guidelines have been established for fixed asset recording in order to ensure that assets of a depreciable nature are not combined with non-dcprcciable assets. No instances of Incorrect combimng of assets were noted during fiscal year 1998. Amortization of Contributed Capital Contributed capital ,s currently being amortized by thc County over 40 years based upon the ncr book value rather than the total contributed amount. In addition, all contr/buted assets are being amortized over 40 years without regard to thc actual expected useful life of the assets. The County should amortize contributed capital using the original value of the contributed asset. Also, the remaining useful life of the capital contr~buled should be monitored and used in thc amortization process to cnst,re that contributed capital is properly stated. The investment of time required to adjust contributed capital to a more reasonable value was determined by management to not be cost beneficial. Management is currently assessing the feasibility of using a rational estimate to achieve a more appropriate valuation. Capital Project Budgets For fiscal 1995, thc County appropriated over $74 million for capital projects, of which $30 million was expended. Many of these projects arc constructed over periods m excess of one year. The funding sources are typically non ad valorem taxes and/or impact fees. The County should budget all capital project funds on a project basis and discontinue annual appropriations. 'Fhc County should consider a five-year capital budget. A five-year Capital Improvement Element was adopted for fiscal year 1997. The County is currently exploring thc feasibility of d~scontinuing annual appropriations for capital projects and budgeting on a project basis. Grants Administration Controls could be improved by establishing procedures over accounting for and monitoring compliance with grant requirements. It was determined that these controls are Jn place in ~}~e current year. Dwight E. Brock .J County of Collier CLERK OF THE CIRCUIT COURT CC~L,ER COUNT~ COURmO~ 3301 TAMIAMI TRAIL EAST RD. BOX 413C~4 NAPLES. FLORIDA 34101-3044 ClRCUI! COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF, COUNTY COMMISSIONERS April 8, 1999 Mr. Donald M. Jones, Jr. KPMG LLP Barnett Tower, Suite 500 One Progress Plaza St. Petersburg, FL 33701 Dear Mr. Jones: We have reviewed your firm's Management Letter regarding the audit of the Board of County Commissioners, Collier County, Florida for the fiscal year ended September 30, 1998. In accordance with Chapter 10.550, Rules of the Auditor General and Section 11.45 of the Florida Statutes, your firm's Management Letter and the attached written statements of responses will be presented to the Board of County Commissioners on April 13, 1999 along with the presentation of the Comprehensive Annual Financial Report. Thc attached statement contains a response to all of the Currcnt Year and Prior Year Comments and Recommendations listed in the Management Letter. Respectfully, James L. Mitchell, CIA, CFA, CBA Director of Finance and Accounting ! ! ! .I i I I I I I i I Current Year Comments and Recommendations The following are responses to recommendations that were identified during the annual financial audit: EMS Management agrees that electronic interface for EMS billing and collection should be set as a goal. The Department of Finance and Accounting will discuss this with the relevant parties. Meetings have been held subsequent to the financial statement date with the Department of Revenue Services and EMS to determine a solution to the billing and collection problem. Management now feels that efficiency has now been increased by discontinuing the use of multiple computer systems and by opening lines of communication between the Department of Finance and Accounting, the Department of Revenue Services and EMS. With respect to the collection agency, management will require that account information be provided on a monthly basis to Collier County. The Department of Finance and Accounting is currently reviewing its method of accounting for EMS receivables, revenue and the related allowance for doubtful accounts. Investment Portfolio Composition Management feels that thc comment should indicate that bankers' acceptances became 14% of the portfolio as the other investment categories decreased significantly due to cash outflows during September 1998. In effect, bankers' acceptances represented 4% more of the portfolio as other sectors matured and were used for payment of obligations. Management concurs with the finding that efficiency would not be served by divesting of prime investments simply because other areas of the portfolio changed such that percentages fell marginally outside established guidelines. By divesting Collier County would then expose itself to market risks by having to reenter the market. Management will research the feasibility of updating the current investment policy. Retainage Payable Management concurs with the recommendation, and has subsequently adopted a process whereby, on a semi-annual basis, the Department of Finance and Accounting will send a complete listing ofretainage payable to each department. The departments will verify in writing the status of the retainage being held for County contracts. The Department of Finance and Accounting is required to have proper authorization from the respective department before paying the contractors any amount due. This procedure should ensure more efficient monitoring and more timely payments to thc contractors for satisfactorily completed contracts. Ii Impact Fees Escrow Management concurs that there needs to be better communication between the Department of Finance and Accounting and user departments to ensure that impact fee escrows being held by the County are accurately reported. The Department of Finance and Accounting will continue to provide up to date listings of escrowed impact fees to the appropriate departments so they may determine if any refunds are due. A process has been set up, subsequent to the financial statement date, whereby prior to year end, the Department of Building and Review and the Comprehensive Planning Section will review the impact fee escrows to determine the monies that need to be refunded. Accoants Receivable Management agrees that the issue of delinquent receivables needs to be addressed. In the next fiscal year, management will work on determining the collectibility of delinquent receivables as well as establishing a policy for monitoring receivables. The creation and success of this policy will be wholly dependent upon the cooperation of the Department of Finance and Accounting and the County Department who initially billed for the service. Grants Management concurs with the finding related to formal procedures and will take the necessary steps to ensure that in the future, established procedures will be applied consistently in all cases. Management contends that the period relating to the FEMA reimbursement was characterized by an overlap in fiscal years and pay periods. The combination of these situations created significant complexities. In the future all efforts will be made to minimize lag in reimbursable payments. Management contends that while the reimbursement request did contain errors staff' identified the errors and took the appropriate action to amend the reimbursement request. As such, we feel that while our FEMA procedures involving timing need improvement, those involving accuracy are adequate. I I I I i I I I ! I I Prior Year Comments and Recommendations The following represent responses to management comments regarding prior year findings that were not yet implemented in the current year: Revenue Collections Process While Collier County docs collect approximately $76 million from charges for services, impact fees and other miscellaneous revenue it would be misleading for the financial statement user to be left with the impression that all amounts charged and collected are determined by the Department of Revenue Services. Management agrees that control over lhe revenue and collections process needs improvement, but contends that improvement has taken place during this reporting period. The diversity in the departments represented by the $76 million creates complexity in establishing consistency. Furthermore, the collecting department cannot always detect discrepancies because the amount to be charged was established in another department. In short, while collection is centralized, billing is not. With respect to impact fees, further steps will be taken during fiscal year 1999 to ensure consistent reporting of this material source of revenue. Meetings between thc Department of Finance and Accounting and related County personnel will be conducted with the goal of solving the impact fee issue. Year 2000 SYstem Issues Management is well aware of the significant exposure that exists regarding the Year 2000 issues. Management has completed an assessment of this exposure and is now in the process of modifying, replacing and testing its computer systems in order to insure that its systems will function properly with respect to dates in the Year 2000. The County's MIS departments have formal Disaster Reccvery Plans in place. These plans include staff responsibilities and data protection procedures. These plans were tested during the preparation for Hurricane Georges. While Hurricane Georges did not hit here valuable information was learned and w/Il be adopted into the Disaster Recovery Plan. The County is building into its Year 2000 preparation a program to focus on emergency preparedness that relates to potential Year 2000 disruptions mid emergencies. In the future all Year 2000 depa~mental meetings will be documented to substantiate that a responsible Year 2000 remediation effort was undert~en. This documentation will be beneficial in the event ora lawsuit against the County regarding a Year 2000 issue. Collier County has an overall project schedule for its Year 2000 compliance program that is broken down by major department or system and the status of each individual ama. 6AP_ Management also recognizes the value of the suggestions to include the completion dates and contingency plan trigger dates to ensure that the plan remains on schedule. The program will also be modified to include the classification of needed resources into internal, external under the control of the County, and those completely dependent upon the activities of external part/es. In addition, management cites Footnote 23, in the fiscal year 1998 Collier County comprehensive annual financial report, as evidence of'/ts awareness of the impact of the Year 2000. The Year 2000 impact disclosure was created in accordance with Governmental Accounting Standards Board Technical Bulletin Number 98-1, "Disclosures about Year 2000 Issues". Fixed Assets Management recognizes thc inadequacies of the present fixed asset system and intends to acquire a new comprehensive financial accounting software package. This package would include a fixed asset module to further automate the fixed asset accounting process. With respect to the other recommendations, the County does periodically reconcile the amount of capital outlay to the fixed asset listing, and also to the general fixed asset account group or the proprietary fund fixed asset account. This results in the proper recording of account balances at year-end with the fixed assets being recorded in the proper fund type. ,! 2 COLLIEII. COUNTY, FLORIDA CI,ERK OF'FIlE CIRCUIT COURT FINANCIAL STATE3IENTS FOIl TIlE FISCAIJ YEA, It ENDED SEI'TE~IBER 30, 1998 TOGE'FIlER VVITII REPORT OF INDEPEN'DENT CERTIFIED PUBI,IC ACCOUNTANTS COLLIER COUNTY, FI.ORIDA CLERK OF TIlE CIRCUIT COURT Table of Contents 2 I ! I Independent Audilors' Report on the Financial Statements Financial Statements: Combined Balance Sheet - All Fund Types and Account Group Stal:mcnt of Revenues. Expenditures and Changes in Fund Balance - All Governmental Fund Types and Expendable Trust Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - All Govermnental Fund Types Notes to Financial Statements Required Supplementary Information Supplemental Information: Combining Balance Sheet - Fiduciary Funds Statement of Changes in Assets and Liabilities - Agency Funds lndepcndenl Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Management I.etler Page 1 4 5 7 14 17 18 19 I I I I 2 F~O Box 31002 St. Petersburg. FL 33731-8902 PO, Box 1,:39 Tampa, FL 3360M439 Independent Auditors' Report on the Financial Statements ltonorable Dwight E. Brock, Clerk of thc Circuit Court Collier County, Florida: We have audited the accompanying financial statements of the Collier County, Florida Clerk of the Circuit Court as of and for the year ended September 30, 1998, as listed in the table o£contents. These financial statements are the responsibility of the Collier County, Florida Clerk of the Circuit Court's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government ,4uditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial stalements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a) to the financial statements, the accompanying financial statements were prepared for the purpose of complying with Section 11.45(3)(a)(4), Florida Statutes and Section 10.557(4), Rules of the Auditor General for Local Governmental Entity Audits. These financial statements are not intended to be a complete presentation of the financial position o£ Collier County, Florida, and the results of/ts operations and the cash flows of its proprietary, fund types, in conformity with generally accepted accounting principles. In our opinion, the financial statements rcferrcd to above, present £airly, in all material respects, thc financial position of the Collier County, Florida Clerk of Circuit Court, as of September 30, 1998, and the results of its operations for thc year then ended in conformity with generally accepted accounting principles. I ! i I ! I I I The Year 2000 supplementary infornmtmn on page 14 is not a required part of thc financial statements, but is supplementary information required by thc Governmental Accounting ,Standards Board, and we did not audit and do not express an opinion on such reformation. Further, we arc unable to apply to the information certain procedures prescribed by prolZ'ssional standards because of thc nature of the subject matter underlying thc disclosure reqmrcmcnts and because sufficiently specific crileria regarding lhe matters to be disclosed have not been established. [n addition, we do not provide assurance that Collier County. Florida Clerk of the Circmt Court is or will become Year 2000 compliant, that Colhcr County, Florida Clerk of the Circuit Court's Year 2000 rcmcdiation efforts will be successful in whole or m part, or that parties with which Collier County, Florida Clerk of the Circuit Court does business are or will become Year 2000 compliant. In accordance with Government .4uditing Standards. we have also issued our report dated December 29, 1998 on our consideration oF thc ('oll~er County. Florida Clerk of the Circuit Court's intcrnal control over financial reporting and on our tests of its comphancc v,'ith certain provisions of laws. regulations, contracts, and grants. Our audit was made for the purpose of fl, rming an opinion on thc basic financial statements taken as a whole. The combining and ~ndividual fired financml statements listed in thc accompanying table of contents are presented for purposes of additional analysis and are not a reqmrcd part of the basic financial statements of thc Collier County. Florida Clerk of the C~rcuit Court. Such infonnatlon has been subjected to thc auditing procedures applied in thc audit of thc basic financial statements and. in our opinion, is fairly stated in all material respects in relation to thc basic financial stalements taken as a whole. December 29, 1998 I ,i 1 i COLLIER COUNTY. FLORIDA CLERK OF TIlE CIRCUIT COURT Combined Balance Shee! · All Fund T)3:,es and Accoun! Group Scptcmber 30, 1998 75.206 1.220,1BS 6.46~,35fl -- I 1.063,T4 I 49.297 -- 3)1 -- -- -- )31 1~.2~ ~ -- -- la,IOI 2,932 -- S 1.53 I,~lT4 1.220,185 6,465.350 435.960 I 1,656,469 }22.010 1.475 221.gl2 -- '~4 ~97 2~9.666 -- ~ -- 209,~66 -- I JS2 276,627 -- 3.531,97s 1.475 6.4.t~,24~ 435,960 10,407.657 -- 1.2111.110 30,102 -- 1,24g,1112 $ ].SM.gT4 1.220,185 6,46R,350 435,060 I 1.656,469 COI,LIER COUNTY. FLORI DA CI,ERK OF TIIE CIRCUIT COURT Statements of Rcvcnucs. Expemhturcs and Changes m Fund Balance - All Governmental Fund T)'pcs and Expendable Trust Fund For the )'ear cndcd Scptcmber 30. 1998 I I I I i Charges for services Litiganon settlement Miscellaneous Expenditures: General government PeIsooal servtces Operating Camul outlay Tntal E,tcess {cleric:they) of revenues over ex~ndlt~re~ ~her fi~mg sources {uses) Colho Chunk. Flmida ~aM of Coun~ Comm~ssmners a~mpfiat~ons Distfi~tion of execs ap~npnations - Colh~ Co~. Florida Board of Coun~ Commlssmn~s Total olher financing sources Fund balance - ~to~ I. 1987 Fund bala~e - S¢~tem~r 30. 1998 See accom panylng notes to financial $1atements (;overnawut,I Fund Types Specfal FIdudary Fund Type E s p~nd able Trus! Tolah nnly) 4,188,347 243.801 87.249 4.519.487 1.323.084 -- -~ 1.323.084 345,163 62.497 2.156 409,816 5,856.594 306,39g 89.405 6.252,387 6,133.363 -- 6.133.363 1.397.756 69,661 35.562 1.502.979 348.g27 100.640 53.396 511.863 7.879,946 179,301 ~8.958 8.148.205 (2,023,352) 127,087 4,705,400 (2,682.048} 2.023,352 -- -- 127,087 - 1.001.623 1.218,710 447 (I.895,818) 4.705,400 (2,682,048) 2,023,352 447 127,5.14 29,655 1.121.278 30.102 1,248,812 '1 ! ! ! ! COLLIER COUNTY. F1.ORIDA CLERK OF TIlE CIRCUI f COLrRT Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual - All Governmental Fund Types For 1he year ended Septembo- 30, 1998 Budeet ,%¢tu:H II'n f*,,nr ~hle) Hnd~e! (Unfavorable) 3.614,760 4.1RR347 572.5R7 2oo.ooo -- 1.323.O94 1,32J.0~4 -- ., ~,~ 345,163 (254.~37) ..... 4,215,7~ 5.~56.~94 1,~0,I]4 2~,~ 241.R~)1 4).8r71 62.4~)7 24,497 ~06.,1~ 68..1R8 6.665.700 6.1 ]1,363 532.]37 -- -- _ I.g62,3OO 1.307.756 4M,544 .190,4~0 69.661 320,7.'19 393,160 348.~27 ~4.333 316,6oo IO~,f,40 206.960 t.921.160 ?.~ 79.q46 1,0~1,214 · ~4.705.4OO) (2.023.352) 2.682.OAR 707,000 I 7~,301 527.6~ (~169,000) 127.0g7 596,087 4.705.4OO 4.705.400 -- 4.?05.4r~ 2.023.352 I I 89.250 I n~em~r,ndum only} Ac~uz~l Favorable (T~nfa~nrable) L~5.010 4.MO.4R7 614.477 -- 1.323.0~I 1.323,0R4 63~.0~0 4~,816 {228,1~4) 4.543.010 6.252,~87 I,?C~D77 35.R54 35.562 f2~2) 5L3~6 53.396 -- 6.665.7130 6.133.363 532.337 2.2N8.554 1.502.979 7N5,575 763.156 511.Ra3 251,293 4J7 147 '-). ? I 7.,I I0 ~. l ~1.205 1,56r~.205 -- 4.705.4fX) 4,705.400 -- ~ 7oS.ar~O 2.023.352 447 447 {469.0001 127.534 506.534 20.655 20.655 4981C~ 1.121.278 623.178 30.102 30,102 29,100 1.24R.812 1.219.712 I I I I I COLLIER COUNTY, FLORIDA CLERK OF TIlE CIRCUIT COU'RT Notes to Financial Statements September 30, 1998 (i) Summary of Significant Accounting Policies and Practices Reporting Entity' The Collier County, Florida Clerk of the Circuit Court (Clerk of the Circuit Court) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129, Florida Statutes, the Clerk of the Circuit Court's budget is submitted to the Collier County, Florida Board of County Commissioners (Board) for approval. The financial statements presented include the general fund, special revenue fund, trust and agency funds, and the general long-term debt account group of the Clerk of the Circuit Court's office. The accompanying financial statements were prepared for thc purpose of complying with Section I 1.45(3)(a)(4), Florida Statutes, and Sect/on 10.557(4), Rules of the Auditor Genera(for Local Governmental Entity Audits, and are not intended to be a complete presentation of the financial position of Collier County, Florida and the results of its operations and the cash flows of its proprietary fund types in conformity with generally accepted accounting principles. As a result of the budgetary oversight by the Board and financial dependency on the Board, these financial statements arc included in the Collier County, Florida Comprehensive Annual Financial Report. Operating transfers are provided by appropriations from the Board of County Commissioners pursuant to law. Estimated receipts and budgeted fired balances must equal appropriations. The Clerk of thc Circuit Court is required to refund Io thc Board of County Commissioners all excess appropriatmns annualiy; therefore, no unappropriated fund balance is carried forward. (b) Measurement Focus, Basis of Accounting and Basis of Presentation The accounts of the Clerk of the Circuit Court are organized and operated on the basis of funds and an account group, each of which is considered a separate accounting entity. Each fund and account group is accounted for with a separate set of self-balancing accounts that comprise its assets, I/abilities. fund balance, revenues and expenditures. Resources are allocated and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Thc Clerk of the Circuit Court has the following fired types and account group: 7 (Continued) I I I I ! I I I i I I COLLIER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements September 30, 1998 Governmental FundT Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements for this fund present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The modified accrual basis of accounting is used by all governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance liabilities of the current fiscal year). Expenditures arc recorded when the related fund liability is incurred, except for certain compensated absences, which are recognized when the obligations are expected to be liquidated with expendable available financial resources. The appropriations from the Board are the primary source of funds considered to be susceptible to accrual. Interest income and other revenue arc recognized as they are earned and become measurable and available to pay liabilities of the current period. Florida Statutes provide that the amount by which revenues and operating transfers exceed annual expenditures be remitted to the Collier County, Florida Board of County Commissioners immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenues were recognized. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. Capital outlays expended in general fund operations are recorded in the general fixed assets account group of thc Board of County Commissioners rather than in governmental funds of the Clerk of the Circuit Court. Governmental fund types include the following: General Fund - The general fund is used to account for thc general operations of the Clerk ofthe Circuit Court, and includes all transactions which are not accounted for in another fund or account group. .Spccml Revenue Funds - These funds are used to account for the proceeds of specific revenue sources (other than expendable trusts or major capital projects) that are legally restricted to specified purposes. 8 (Continued) 1 I ! I I I I ! I I COLLIER COUN'FY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements September 30, 1998 Fiduciary Funds These funds are used to account for assets held by the Clerk of the Circuit Court in a trustee capacity or as an agent for individuals, private organizations, other governments and other funds. Agency funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations or have a measurement focus. Expendable trust funds are accounted for in essentially the same manner as governmental funds. Account Groups The general long-term debt account group is used to account for all long-term obligations of the Clerk of the Circuit Court. (c) Cash Equivalents Cash equivalents arc defined as highly liquid investments with original maturities of three months or less. (d) Compensated Absences All full-t/me employees of the Clerk of the Circuit Court are allowed to accumulate an unlimited number of hours of unused sick time and up to 240 hours of unused vacation leave. Upon termination, employees receive I00 percent of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. (e) General I:ixed Assets The tangible personal property used by the Clerk of the Circuit Court is reported in the general fixed assets account group of the Board of County Commissioners. Upon acquisition, such assets are recorded as expenditures in the general fired of the Clerk of the Circuit Court and capitalized at cost in the general fixed assets account group of the Board. The Clerk of the Circuit Court maintains custodial responsibility for the fixed assets used by the office. 60 t;:,e of Estimates Management of the Clerk of the Circuit Court has made a number of estimates and assumptions relating to the reporting of assets and liabilities to prepare these financial statements in conformity with generally accepted accounting pnnciples. Actual results could differ from those estimates. 9 (Continued) I i I I I I ! I ! i I COLLIER COUNTY, FLORIDA CLERK OF TIlE CIRCUIT COURT Notes to Financial Statements September 30, 1998 (g) Mernorandum Only- Total Columns Totals columns on the financial statements are captioned "memorandum only" to indicate that they arc presented only to facilitate financial analysis. Data in these columns do not present financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Intcrfund climinations have not been made in the aggregation of this data. (2) Budgetar3.' Process Florida Statute 129.03 governs the preparation, adoption and adminisnation of the Clerk of the Circuit Court's annual budget. The Clerk of the Circuit Court prepares a budget for the general fund and submits it to the Board of County Commissioners for approval. Any subsequent amendments must be approved by the Board. The budget for the general fund is prepared on the modified accrual basis. Expenditures cannot legally exceed the total amount budgeted for each fund. All unencumbered appropriations lapse at year end. The level ofcontrol for appropriations is exercised at the fund level. {3) Cash and Cash Equivalents Florida Statutes authorize the Clerk of the Circuit Court to invest in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, obligations of the U.S. Treasury and U.S. Agencies, and interest-bearing time deposits and savings accounts held in federal or state- chartered banks and savings and loan associations doing business in Flor/da, provided that such deposits are secured by collateral as may be prescribed. Additionally, the statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits Act. The pool is administered by the State Treasurer who may make additional assessments to ensure that no public funds will be lost. At September 30, 1998, the Clerk of the Circuit Court's deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity fi>r the loss. The bank balances and book balances were $1,339,502 and $737,206, respectively, at September 30, 1998. The Clerk of the Circuit Court has an arrangement with the bank to cover overdrafts. Cash on hand at September 30, 1998 was $2,100. 10 (Continued) (4) COLLIER COU.~TY, FLORIDA CLERK OF TIlE CIRCUIT COURT Notes to Financial Statements September 30, 1998 At September 30, 1998, thc Clerk of the Circuit Court also had deposits of $10,278,874 with the State Board of Administration and certificates of deposits of S45.561. Long-Term Obligations The following is a summary ofchanges in general long-term obligations: Accrued compensated absences October 1, Net September 30, 1997 increase 1998 $ 335,303 100,657 435,960 (5) Employee Retirement Plans Substantially all full-time employees of the Clerk of the Circuit Court are eligible to participate in the State of Florida Retirement System ("System"), a cost-shanng multiple-employer defined benefit plan administered by the State of Florida, Division of Retirement. ]'he primary system is a defined benefit plan for all state and participating county, distr/ct board, community college and university employees. Employees who retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit payable monthly for life, equal to 1.6% of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. The System also provides death and disabilip./benefits. Benefits are established by Chapter 121, Florida Statutes and Chapter 22B, Florida Administrative Code. The System publishes an unaudited annual report that provides ten-year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. The most recent available report is for the plan year ended June 30, 1998. This report may be obtained by writing to Research Educational Policy Section 2639E Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850)488-5706, or accessing their lntemet site at www.dos.state.fl.u,qfgils/retiremcnt. 11 (Continued) I il il I I I COI,L1ER COUNTY, FI,ORIDA CLERK OF THE CIF_CUIT COURT Notes to Financial Statements September 30, 1998 The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July I, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement. plus annual cost-of-living increases). Thc Clerk of Circuit Court is required to contrxbute an actuarially determined rate., Thc current rate is approximately 16% of annual covered payroll. The contribution requirements of the Clerk of Circuit Court are established and may be amended by the State of Florida. The Clerk of the Circuit Courl contributions to lhe plan for the >'ears September 30, 1998, 1997 and 1996 were $789,918, $907,967 and $853,365, respectively, equal to the required contributions for each year. (6) Risk Management The CounD, ~s exposed to various r~sks of loss. including general liability, health and life, property and casualty, auto and physical damage, and workers compensation. A self-insurance internal sen'ice fund is maintained by the County to administer insurance activities relating to workers compensation, health, and property and casualty, which covers general property, auto, public official which includes employment practices liabilities, and crime liabilities. Under this program, the County provides coverage for up to $150,000 per claim for workers' compensation, and has purchased outside excess coverage for tip to $1 million for employment liability claims and statutory limits for each injury and illness. Thc County also provides coverage for up to $I00,000 per claim for auto and employee property damage claims, and has purchased outside excess coverage for up to $1 million per claim. Negligence cia/ms in excess of the statutory limits set in Section 768.20, Florida Statutes, whmh provide for limited soverei .gn immunity of $100,000/$200,000 per occurrence can only be recovered through an act of the State Legislature. There have been no significant reductions in Insurance coverage in thc last 5'ear. Settled claims have not exceeded commercial coverage in thc last year. 12 (Continued) 1 i! I I (7) COLLIER COUNTY, FLORIDA CLERK OF TtlE CIRCUIT COURT Notes to Financial Statements September 30, 1998 ]'he County is also self-insured for health claims covcnng all of its employees and their ehgible dependents. The County provides coverage for up to $125,000 per claim and has purchased outside excess coverage for up to $1 million for each claim. As required by Section 112,081, Florida Statutes, retirees and their eligible dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuatton is performed each )'ear to estimate the amounts needed to pay prior and future claims and to establish reserx'cs. Litigation The Clerk of Circuit Court ~s involved as dcf,endant or plaintif,f, in certain litigation and claims arising from the ordinary course of operations. Any judgments against the Clerk of Circuit Court would be settled by thc Collier County, Florida Board of County Commissioners. In thc opinion of the Clerk of Circuit Court and legal counsel, the range of potential recoveries or liabilities will not materially affect thc financial position of the Clerk of'Circuit Court. 13 REQUIREI) SUPPLEMENTARY INFORMATION 14 COI.LIER COUNTY, FLORIDA CLERK OF TIlE CIRCUIT COURT Required Supplementary Information September 30. 1998 Year 2000 The Clerk of the Circuit Court ts currently addressing 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 Ihe 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 these two years or the programs will 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. The Office of the Clerk of the Circuit Court has completed an assessment of its exposure to the Ycar 2000 issue, and is nov.' in the process of modifying, replacing and testing its computer systems in order to ensure that its systems will function properly with respect to dates in the Year 2000. As of September 30, 1998, the Clerk has spent $84,600, and has encumbered to spend a further $403,000 wilh hardware and software vendors for the rcrnaining system modifications. Thc Clerk utilizes the following stages of work to address thc Year 2000 issues: · Awareness stage - Establishing a budget and project plan for dealing with thc Year 2000 issue. · Assessment stage - Identifying the systems and components for which Year 2000 compliance work is needed. · Remed/ation stage - Making changes to systems and equipment. · Validatiorv'tcsting stage - Validating and testing the changes that were made during thc remcdiation stage. The Clerk of the Circuit Court's Office Year 2000 rcmediation work for its mission-critical systems and electronic equipment are in the following stages of work as listed below. The letter "C" means complete, "P" means work in process and "A" means remaining items to be addressed. A'n'arcn ess Assessment Remediiqion ValldatlonFl.rstlnR Criminal .lusncc Information Systcm C Fi~ed Asset System C Financial Accounting System C C C p c p A C p A 15 COLLIER COUNTY, FLORII)A CLERK OF TIIE CIRCUIT COURT Required Supplementary Information September 30, 1998 The project is estimated to be completed no later than September 30. 1999. Management believes that as a result of the plan currently being implemented, the Year 2000 issue will not materially effect operations. However. if such conversions and modifications are not completed in a timely fashion, the Year 2000 issue could have a material impact on the operation of the Office of the Clerk o l'the Circuit Court. Because of the unprecedented nature of the Year 2000 issue, its effect and thc success of related remediation efforts will not be fully determinable until the Year 2000 and therefore, management cannot assure that the Clerk of the Circuit Court is or will be Year 2000 ready, that the Clerk of the Circuit Court remediation efforts will be successful in whole or in part, or that parties with whom thc Clerk of the Circuit Court does business will be Year 2000 ready. ! ! 16 COLLIER COUNTY, FLORIDA CLERK OF TIlE CIRCUIT COURT Combining Balance Shec! - Fiduc~ar)' Funds September 30, 1998 Assets Cash and cash equivalents Total assets Liabilities and Fund Balance Liabilities: Vouchers payable Due to the Collier County, Florida Board of County Commissioners Due to other governments Deposits Total liabilities Fund balance - unreserved Total habd~t~es and fund balance Expendable Trust Agency Total 30,108 6,429,242 6,468,350 $ 39.108 6,429.242 6,468.350 $ 9,006 212,806 221,812 345,915 345,915 1,652,630 1.652,630 4,217,891 4.217,891 9,¢~6 6,429,242 6.438.248 30.102 30, I02 39.108 6,429,242 6,468,350 17 Assets Cash a~d cash cq uivalents Total assets Liabilities Vouchers payable Due to Collier County, Florida Board of County Commissioners Duc lo other governments Deposits Total liabilities COLLIER COUNTY, FLORIDA CLERK OF TIlE CIRCUIT COURT Statement of Changes in Assets and Liabilities. Agency Fund For the year ended September 30. 1998 Balance October I, 1997 Additions Deletions ~alance Seplember 30, 1998 4.968.206 161.919,(~14 160.458.608 6,429,242 4.968.206 161.910,644 160,458,608 6,429,242 7,470 36,278,803 398,298 345.915 1,522.343 58,159,569 3,040,095 23.789.239 4.968,206 118.573,526 18 36.073,467 212.806 398,298 345,915 55.029.282 1.652.630 22,611,443 4.217.891 117,112,490 6,429,242 PO Box 31002 St. Petersburg. FL 33731-8902 F?O. Box 1439 Tampa. FL 33601-1439 2 Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Honorable Dwight E. Brock, Clerk of the Circuit Court Collier Count)', Florida: We have audited the financial statements of the Collier County, Florida Clerk of the Circuit Court as of and for the 3'car ended September 30, 1998, and have issued our report thereon dated December 29, 1998. We conducted our audit in accordance v.'ith generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Collier County. Florida Clerk of the Circuit Court's financial statements arc t?ec of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, 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 are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Collier County, Florida Clerk of the Circuit Court's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on thc financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level thc risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely per/od by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. 19 This report is intendcd solely for the information and use of lhe Collicr County. Florida CIcrk of the Circuit Court and federal awarding agencies and pa~;s-through entities, and ~s not intended to be and should not be used by anyone other than these specified parties. Dccember 29, 1998 20 PO 94:,x 31002 St, Petersburg FL 33731-8902 PO. Box 1,~39 Tampa. FL 33601-1439 Honorable Dwight E. Brock, Clerk of the Circuit Court Collier County. Florida: Management Letter We have audited the financial statements of the Collier County, Florida Clerk of thc Circuit Court as of and for the year ended September 30, 1998, and have issued our report thereon dated December 29, 1998. In planning and pcrforming our audit of the financial statcmcnts of' the Collier County, Florida Clcrk of the Circuit Court. we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on thc financial statements. An audit docs not include examining thc effectiveness of internal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A material weakness is a condition in which the design or operation of the internal control components does not reduce to a relatively Iow level the risk that errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. However, we noted no matters involving internal control and its operation that we consider to be material weaknesses as defined above. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions or Chapter 10.550. Rules of the ,4uditor General, which govcrn the conduct of governmental audits performed in thc State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General require that we commcnl on whcthcr irregularities reported or rccommc~:dations made in the preceding annual financial audit have been corrected. 21 6/1, I I I ! I ! The £ollow~ng prior year recommendations are as f'ollows: Improving Financial Reporting The Clerk can not automatically generate financial statements l¥om its general ledger. Instead, cumbersome manual computations are made to combine different cost centers in order to develop financial statements at the fund type level. With the final phase of the Clerk's office automation project coming to a close, the ability to download data from general ledger and generate summary reports at a fund and cost center level will become a reality As required by the Rules of the Auditor General, v.'c determined that thc Collier County, Florida's fiscal year 1998 annual financial report, which includes the financial information of the Collier County, Florida Clerk of the Circuit Court. and ',vh/ch was filed with the Department of' Banking and Finance pursuant to Section 218,32. Florida Xtatutex. is m agreement with the audited financial statements for the same per/od. Further, as required by the Rules of the .4udilor General, thc scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that thc Collier County, Flor/da Clerk of the Circuit Courl met any conditions indicative of a state of financial emergency as defined in that Section. Additionally, as required by the Rule~ of the Auditor General, the scope of our audit included a review of the provismns of Section 28.24(15)(d), Florida Statutes, regarding thc collection and usc of Public Records Modernization Trust Fund moneys. In connection with our audit, nothing came to our attention that caused us to believe that the Collier County, Florida Clerk of the Circuit Court `'vas not in compliance with the provisions of that Sect,'on. The Rules of the Auditor General also require that we report on the Collier County, Flor/da Clerk of the Circuit Court's legal authority or enabling act. In that regard, the Collier County, Florida Clerk of the Circuit Court was established by the Constitution of the State of Florida, Article VIII, Section l(d). This report is intended solely for the information and use of the Colher County, Florida Clerk of the Circuit Court and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. December 29. 1998 22 I Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COUI~THOUSE 3301 1AMIAMI IRAIL EASt Re. BOX 41304d NAPLES. FLORIDA 34101-3044 ClRCUIi' COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS March 23, 1999 M'r. Donald M. Jones, Jr. KPMG LLP Barnett Tower. Suite 500 One Progress Plaza St. Petersburg. FL, 33701 Dear Mr. Jones: \Vt have rcvicwcd your finn's Management Letter regard lng tile audit of the Clerk of thc Circuit Courl for tim fiscal year ended September 30, 1998. In accordance xvith Chapter 10.550, Rules of the Auditor General and Section 11.45 ot' the Florida Statutes, ,,'our finn's Management Letter and response will be presented to the Board of County Commissioners on April 13, 1999 along with the presentation of tim Comprehensive Annual Financial Report. Tile follmving is a response to the Prior Year Recommendation listed in the Management Letter: The final phase of the Clerk's office automation program is complete and the capabilities of thc new system arc being used to .increase efficiencies in the area of' financial reporting. Management observed increased efficiency in thc preparation of Ibc financial statements for thc )'car ended September 30, 1998 and feels that this was dud in part to office automat[on. *-/General Accounting Manager 23 COI,LIER COUNTY, FLORIDA PROPERTY APPIL. klSER I ! I I I ! 2 FINANCIAL STATEMENTS FOR TIIE FISCAL YEAR ENDED SEPTEMBER 30, 1998 TOGETIIER WITll REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Table of Contents Independent Auditors' Report on the Financial Statements Financial Statements: Balance Sheet - General Fund and General Long-Term Debt Account Group Statement of'Revenues, Expenditures and Changes in Fund Balance - General Fund Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual - (Budgetary Basis) - General Fund Notes to Financial Statements Required Supplementary Information Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing Standards Management Letter Page I 12 14 15 PO Box 31002 St Petersburg. FL 337314~902 PO Bex 1439 Tamoa. FL 33601-1439 Independent Auditors' Report on the Financial Statements Honorable Abe Skinner. Property Appraiscr Collier County, Florida: We have audited the accompanying financial statements of the Collier County, Florida Property Appraiser, as of and for the year ended September 30. 1998. as listed in the table of contents. These financial statements arc the responsibility of the Collier County, Florida Property Appraiser's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audlt in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government ,~uditing Standards, issued by the Comptroller General of thc United States. Those standards require that wc plan and perform thc audit to obtain reasonable assurance about whether the financial statements are flee of material misstatement. An audit includes examining, on a test basis, evidence supporting thc amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a) to the financial statements, the accompanying financial statements were prepared for thc purpose of complying with Section II.45(3)(a)(4), Florida Statutes, and Section I0.557(4), Rules of the ,4uditor General for Local Governmental Entity ,~udits. These financial statements are not intended to be a complete prcsentatmn of the financial position of Collier County, Florida, and the results of its operations and the cash flows of/ts propr/etary fund types, in conformity with generally accepted accounting principles. In our opinion, thc financial statements referred to above, present fairly, in all material rcspccts, thc financial position of the Collier County, Florida Property Appraiser, as of September 30, 1998, and the results of its operations for the year then ended in conformIty with generally accepted accounting principles. The Year 2000 supplementary information on page 12 is not a required part of the financial statements, but is supplementary information required by the Governmental Accounting Standards Board, and we did not audit and do not express an opinion on such information. Further, we are unable to apply to the information certain procedures prescribed by professional standards because of the nature of the subject matter underlying the disclosure requirements and because sufficiently specific criteria regarding the matters to be disclosed have not been established. In addition, we do not provide assurance that Collier County, Florida Property Appraiser is or will become Year 2000 compliant, that Collier County, Florida Property Appraiser's Year 2000 remediation efforts will be successful in whole or in part, or that parties with which Collier County, Florida Property Appraiser does business arc or will become Year 2000 compliant. In accordanCe with Government Auditing Standards, we have also issued our report dated November 4, 1998 on our consideralion of the Collier County, Florida Propcrty Appraiser's internal control over financial reporting and on our test of its compliance with certain provisions of laws, regulations, contracts, and grants. November 4, 1998 2 COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Balance Sheet - General Fund and General Long-Term Debt Account Group September 30. 1998 I i Assets Cash Amount to be provided flor compensated absences Total assets Liabilities and Ftind Balance Liabilities: Accounts payable and accrued liabilities Due to Collier County, Florida Board of County Commissioners Due to other taxing districts Accrued compensated absences Total liabilities Fund balance Total liabilities and fund balance See accompanymg hOleS lo t-mancial stalcmcnts. 3 General Fund General I.ong-Term Debt Account Group 368,047 $ 368.047 277,444 277,444 113,794 231,590 22,663 277.444 368,047 368.047 277,444 277,444 Totals (memorandum only) 368,047 277,444 645,491 113,794 231,590 22,663 277,444 645,491 645,491 i ,! COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Statements of Revenues, Expenditures and Changes in Fund Balance - General Fund For lhc 5,'car ended September 30, 1998 Charges for servmes Miscellaneous Total revenues Expenditures: General government: Personal services Operating expenditures Capital outlay Total expenditures Excess of revenues over expenditures Other financing sources (uses): Distribution of excess fees to Collier County, Flor/da Board of County Commissioners Distribution of excess fees to other taxing distr/cts Total other financing uses Excess of revenues over cxpcnditurcs and other financing uses Fund balance - beginning of year Fund balance - end of year See accompanying notes to financial statements. $ 2.883,428 380,341 3,263,769 2,311,517 577,871 120.128 3,009.516 254,253 (231,590) (22,663) (254,253) I COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Aclual (Budgetary Basis) - General Fund For the year ended September 30, 1998 ! Revenues: Charges for services Expenditures: General government: Personal services Operating expenditures Capital outlay Total expenditures Excess of revenues over expcnditures Fund balance - beginning of year Fund balance - end of year See accompanying notes to financial statements. Budget Actual Variance favorable (unfavorable} $ 2.883.428 2.883,428 2.311.520 2.311,517 3 451,779 451,783 (4} 120.129 120,128 I 2.883.428 2,883,428 COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Notes to Financial Staterncnts September 30. 1998 ! I ! ! ! (1) Summary. of Significant Accounting Policies and Practices (a) Reporting Entity The Collier County, Florida Property Appraiser (the Property Appraiser) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129. Florida Statutes, the Property Appraiser's budget is submitted to thc Florida Department of Revenue for approval, and a copy is forwarded to the Collier County, Florida Boa rd of County Commissioners (Board). Thc financial statements presented include thc general fund and the general long-term debt account group of the Property Appraiser's office. The accompanying financial statements were prepared for the purpose of complying with Section I 1.45(3)(a)(4), Florida Statutes, and Section 10.557(4), Rules of the Auditor General for Local Governmental Entity Audits, and are .not intended to be a complete presentation of the financial position of Collier County, Florida, and the results of its operations and the cash flows of its proprietary fund types in conformity with generally accepted accounting pr/nciples. The financial statements of the Properly Appraiser, as a constitutional officer, are included in the Collier Count)', Florida Comprehensive Annual Financial Report (b) Measurement Focus, Basis of Accounting and Basis of Presentation The accounts of the Property Appraiser are organized and operated on the basis of funds and an account group, each of which is considered a separate accounting entity. Each fund and account group are accounted for with a separate set of self-balancing accounts that comprise /ts assets, liabilities, fund balance, revenues and expenditures. Resources are allocated and accounted for in individual funds, based upon the purposes for which they are to be spent and the means by which spending acbvitics are controlled. The Property Appraiser has thc following fund types and account group: Governmental Funds Governmental funds are accounted for using the tlow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included in the balance sheet. Operating statements of these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The modified accrual basis of accounting is used by governmental funds. 6 (Continued) i I I 1 i I COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Notes to Financial StatemenLs September 30, 1998 Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance liabilities of thc current fiscal year). Expenditures are recorded when the related fund liability is incurred, except for compensated absences, which are recognized when thc obligations are expected to be liquidated with expendable available financial resources. Substantially all of the Property Appraiser's revenue is received from taxing authorities. These moneys are virtually unrestricted and are revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenues at the time of receipt; earlier if the "susceptible to accrual" criteria arc met. Florida Statutes provide that the excess of revenues over expenditures held by thc Property Appraiser be distributed to each governmental agency in the same proportion as the fees paid by each governmental agency bear to total fee revenues. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. Capital outlays expended in general fund operations are recorded in the general fixed assets account group of the Board of County Commissioners rather than in governmental funds of the Property Appraiser. Governmental fund types include the general fund which is used to account for the general operations of the Property Appraiser, and includes all transactions which are not accounted for in the general long-term debt account group. I Account Group Thc general long-term debt account group Is used to account for all long-term obligations of Iht Property Appraiser. (c) Compensated ,4 bsences All full-time employees of the Property Appraiser arc allowed to accumulate an unlimited number of hours of unused sick time and up to 240 hours of unused vacation leave. Upon term/nation, employees receive 100 percent of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. The cost of accumulated vacation and sick leave expected to be paid is recorded in the general long-term debt account group. 7 (Continued) COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Notes to Financial Statements September 30, 1998 (d) General Fixed Assets The tangible personal property used by the Prope~y Appraiser is reported in the general fixed assets account group of the Board of County Commissioners. Upon acquisition, such assets are recorded as expenditures in the general fund of the Property Appraiser, and are capitalized at cost in the general fixed assets account group of the Board. The Property Appraiser maintains custodial responsibility for thc fixed assets used by thc office. (e) Use of Estimates Management of the Property Appraiser has made a number of estimates and assumptions relating to the reporting of assets and liabilities to prepare these financial statements in conformity w/th generally accepted accounting principles. Actual results could differ from those estimates. 09 Memorandum Only - Total Columns Total columns on the financial stalcments are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position in conformity with generally accepted accounting pr/nciples. Neither is such data comparable to a consolidatmn, lnterfund eliminations have not been made in the aggregation of this data. ! I (2) Budgetary Process Florida Statute 129.03 governs the preparation, adoption, and administration of the Property Appraiser's annual budget. The Property Appraiser prepares a budget for the general fund and submits it to the Florida Department of Revenue for approval. Any subsequent amendments must be approved by the Florida Department of Revenue. A copy of the approved budget is prov/ded to the Board of County Commissioners. The budget for the general fund is prepared on the modified accrual basis. Expenditures cannot legally exceed the total amount budgeted for each fund. All unencumbered appropriations lapse at year end. The level of control for appropriations is exercised at the fund level. The Property Appraiser's budget is prepared under a budgetary basis of accounting that differs from generally accepted accounting principles (GAAP). Certain revenues received from non advalorem commissions and the related expenditures are not required to be budgeted by the Florida Department of Revenue, and accordingly, have not been recognized under the budgetary basis of accounting; however, the revenues and expenditures have been recognized under GAAP. 8 (Continued) 2 I (3) (4) COLLIER COUNTY, FLORIDA PROPERTY APPRAISER Notes to Financial Statements September 30, 1998 Thc actual results of operations in the statement of rcvenucs, expenditures and changes in fund balance- budget to actual (budgetary basis) - general fund are presented on a budgetary basis. Adjustments to convert the results of operations at the end of the year from thc budgetary basis of accounting to the GAAP basis of accounting and as follows: Adjustments: Miscellaneous revenues not budgeted Expenditures funded by miscellaneous revenues not budgeted 380,341 (126,088) Excess of revenues over expenditures (GAAP basls) $ 254,253 Cash Florida Statutes authorize the Property Appraiser to invest in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, obligations of the U.S. Treasury and U.S. Agencies. and interest-beating time deposits and savings accounts held in federal or state chartered banks and savings and loan associations doing business in Florida, provided that such deposits are secured by collateral as may be prescribed. Additionally, Florida Statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits AcL The pool is administered by the State Treasurer who may make additional assessments to ensure that no public funds will be lost. At September 30, 1998, the Property Appraiser's deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. The bank and book balances of deposits were $647,044 and $368,047, respectively, at September 30. ] 998. Thc Property Appraiser has an arrangement with thc bank tc~ cover overdrafts. Long-Term Obligations The following is a summary of changes in general long-tem~ obligations: October 1, Net 1997 increase Accrued compensated absences $ 270.838 6,606 September 30, 1998 277,444 9 (Continued) I I I i I ,! ! I I I i i I i i I ! 6A2 COLLIER COU'NTY, FLORIDA PROPERTY APPRAISER Notes to Financial Statements September 30, 1998 (5) Employee Retirement Plans Substantially all full-time employees of the Property Appraiser are eligible to participate in the State of Florida Retirement System ("System"), a cost-sharing multiple-employer defined benefit plan administered by the State of Florida, Division of Retirement. The primary System is a defined benefit plan for all state, and participating county, district school board, community college and university employees. Employees who retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes and Chapter 22B, Florida Administrative Code. The System publishes an unaudited annual report that provides ten-year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. The most recent available report is for the plan year ended June 30, 1998. This report may be obtained by writing to Research Education and Policy Section 2639E North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706, or accessing their Interact site at www.dos.state.fl.us/fgils/retirement. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Flor/da Retirement System Trust Fund, earning interest, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost-of-living increases). The Property Appraiser is required to contribute an actuar/ally determined rate. The current rate is approximately 18% of annual covered payroll. The contribution requirements of the Property Appraiser are established and may be amended by the State of Florida. The Property Appraiser contributions to the plan for the years ending September 30, 1998. 1997 and 1996 were $306,07-1, $295,633 and $272,066, respectively, equal to the required comnbutions for each year. 10 (Continued) -j COLLIER COUNTY, FLORIDA · PROPERTY APPRAISER Notes to Financial Statements September 30, 1998 (6) Related Party Transactions The Board paid fees to the Property Appraiser that amounted to $2,600,923. At September 30, 1998, the Property Appraiser had a payable due to thc Board of County Commissioners of $231,590 representing excess fees. I I I I I I ! I (8) (7) Risk Management Thc County is exposed to various risks of loss, including general liability, health and life, property and casualty, auto and ph~,sical damage, and workers' compensation. A self-insurance internal service fund is maintained by the County to administer insurance activities relating to workers compensation, health, and property and casualty, which covers general property, auto, public official which includes employment practices liabilities, and crime liabilities. During the year ended September 30, 1998. the Properly Appraiser was charged $130,893 by the County for participation in the risk management program. Under this program, the County provides coverage for up to $150,000 per claim for workers' compcnsatmn, and has purchased outside excess coverage for up to $1 million for employer liability claims and statutory limits for each injury or illness. The County also provides coverage for up to $100,000 per claim for auto and employee property damage claims, and has purchased outside excess coverage for up to $1 million per claim. Negligence claims in excess of the statutory limits set in Section 768.20, Florida Statutes, which provide for limited sovereign immunity of $100,000/$200,000 per occurrence can only be recovered through an act of the State Legislature. There have been no significant reductions in insurance coverage in the last year. Settled claims have not exceeded commercial coverage in the last year. The Count)' is also self-insured for health claims covering all of its employees and their eligible dependents. The County provides coverage for up to $125.000 per claim and has purchased outside excess coverage for up to $I million for each claim. As required by Section 112.081, FIorMa Statutes, retirees and their eligible dependents arc provided the same health care coverage as is offered to active employees at thc same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish reserves. Litigation The Property Appraiser is involved as defendant or plaintiff in ccrtmn litigation and claims arising from the ordinary com'se of operations. Any judgments against the Property Appraiser would be settled by the Collier County, Florida Board of County Commissioners. In the opinion of the Property Appraiser and legal counsel, the range of potential recoveries or liabilities will not materially affect the financial position of the Property Appraiser. 11 I I I ! I I I ! i I I I I i i ! REQUIRED SUPPLEMENTARY INFORMATION 12 I I I I I I '6A 2.::: COI,LIER COUNTY, FLORIDA PROPERTY APPRAISER Required Supplementary Information Scpti:mber 30. 1998 Year 2000 The Collier County Property Appraiser's office has addressed Year 2000 issues relating to its computer systems and other electronic equipment. The Year 2000 issue refers to thc fact that many computer programs use only the last txvo digits to refer to a year. Thercfore, both 1900 and 2000 would be referred to as "00". Computer progTams have to be adjusted to recognize the difference between those two years or the programs will 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 - st, ch as environmental systems, elevators, and vehicles - containing computer chips that have date-recognition features. During the 1998 fiscal year. the Property Appraiser's MIS Department addressed the Year 2000 issue. They identified five computer systems that are mission-critical (that is, critical to conducting operations) and that need to be Year 2000 compliant. These are the MAS Appraisal, Real Estate Appraisal, Tangible Personal Property, Payroll and Financial Reporting systems. As of September 30, 1998, remediation, validation and testing of the above systems has been completed. The Property Appraiser does not expect to incur any additional costs in addressing the Year 2000 issue. Because of the unprecedented nature of the Year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the Year 2000 and thereafter. Management cannot assure that the Property Appraiser is or will be Year 2000 ready, that the Property Appraiser's remediation efforts will be successful in whole or in part. or that thc parties with whom the Property Appraiser does business will be Year 2000 ready. 13 ,I I I I i i i i I I I i i I i I RO. Box 3'~002 St. Petersburg, FL 33731-@902 PO. Box 1439 Tampa. FL 336014439 Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Honorable Abe Skinner, Property Appraiser Collier County, Florida: We have audited the financial statements of the Collier County, Florida Property Appraiser as of and for the year ended September 30, 1998, and have issued our report thereon dated November 4, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Collier County, Florida Property Appraiser's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, 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 are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Collier County. Florida Property Appraiser's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk lhat misstatements m amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned funcuons. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the Collier County. Florida Property Appraiser and federal awarding agencies and pass-through entitles, and is not intended to be and should not be used by anyone other than these specified parties. November 4, 1998 14 ! ! I i I I I i I i i I ! I I I RO Box 31002 St. Petersburg FL 33731-8902 ~0. Box 1439 Tampa, FL 33601-1439 Management Letter Honorable Abe Skinner, Property Appraiser Collier County, Florida: We have audited the financial statements of the Collier County, Florida Property Appraiser as or and for the year ended September 30, 1998, and have issued our report thereon dated November 4, 1998. In planning and performing our audit of the financial statements of the Collier County, Florida Property Appraiser, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. An audit does not include examining the effectiveness of internal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A mater:iai weakness is a condition in which the design or operation of the internal control components does not reduce to a relatively low level the risk that errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. However, we noted no matters involving internal control and its operation that we consider to be material weaknesses as defined above. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of governmental audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the Auditor General require that we comment on whether irregularities reported or recommendations made in the preceding annual financial audit have been corrected. Ail prior year recommendations have been implemented. The following current year recommendations were identified during the annual financial audit: Cash During our review of the cash management process for the Property Appraiser, we noted that it is currently not thc policy of the Property Appraiser to invest daily available funds in overnight or similar type accounts. . We noted that average amounts on hand are significant enough to warrant such practice. We recommend that the process of investing dally available cash be initiated by the Property Appraiser. 15 I I I I I I ! i I I i i I I I I I I Due to the limited accounting staff at the Property Appraiser, we recommend that the Executive Secretary receive the bank statements directly, review contents for unusual items and then forward the statements to the Accounting Technician for reconciliation. Currently the Executive Secretary reconciles the cash drawers of the Property Appraiser and then forwards the money to the Accounting Technician. We recommend that the Executive Secretary review the bank statements or validated deposit slips to ensure amounts are properly deposited. Accrued Compensated Absences Accrued compensated absences are not calculated in accordance with the Property Appraisers policy. Currently, individual balances are overstated and may lead to disputes with employees. We recommend that amounts be calculated in accordance with stated policy. Cash Disbursements We noted that several bills are being paid from faxed copies of original invoices. We recommend that the Property Appraiser only pay bills from original invoices to avoid duplicate pa)Tnent. Purchasing The procedures manual of the Property Appraiser requires three bids to be submitted for any purchases over 5;2,000. Dur/ng our testwork we noted that the bids were not submitted with the purchase order and that many of the supervisors within the Property Appraiser have no formal process of tracking bids. Additionally, the Property Appraiser has several vendors they use extensively without inquiring of other vendors. We recommend that the Property Appraiser follow the procedures as outlined in the policy manual. This w/Il ensure that the goods or services arc obtained on a competitive basis and potentially reduce costs. We noted that the Property Appraiser has no formal policy regarding receiving reports. None of the invoices we reviewed during our testwork had an accompanying receiving report that noted thc goods were received. We recommend that the Property Appraiser develop a policy requiring that all receiving reports are attached to invoices and reviewed prior to payment. As required by the Rules of the Auditor General, we determined that the Collier County, Florida's fiscal year 1998 annual financial report, which includes the financial information of the Collier County, Florida Property Appraiser, and which was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement with the audited financial statements for the same period. Further, as required by the Rules of the Auditor General, the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that the Collier County, Florida Property Appraiser met any conditions indicative of a state of financial emergency as defined in that Section. The Rules of tire Auditor General also require that we report on the Collier County, Florida Property Appraiser's legal authority or enabling act. In that regard, the Collier County, Florida Property Appraiser was established by the Constipation of the State of Florida, Article VIII, Section l(d). 16 This reporl is intended solely for the information and usc o£ the Collier County, Florida Properly Appraiser and the Auditor General of the State o£ Florida, and is not intended to be and should not be used by anyone other than these specified parties. November 4, 1998 17 COLLIER COUNTY PROPERTYTB;SKiNNER~, cF~APPRAISER MEMO I TO: I FROM: SUBJECT: "I DATE: Donald M.. Joncs, K P M G, LLP Glennda Roberts, Accounting Technician ~j Management Letter Response - KPMG - Audit FY 97-98 April 9, I999 I ! i I I We have rcvicwed thc managcment letter regarding our FY 97-98 year cnd audit by K P M G and their comments for the period ending September 30, 1998. Our rebuttal follows: Re: Cash investment of daily available funds. Reply: Formal policy initiated April 1999. Re: Bank Statements and deposit verification. Reply: These procedures were in place during the audit, they have been revised to meet KPMG's specifics. i I Rc: Accrucd compensated absences. Reply: This is being reviewed for necessary updates. Re: Cash Disbursements rcgardi.ng faxes. Reply: This has been corrected. ! I Thank you. wp:r~plyaut Re: Purchasing Procedures. Reply: This policy is in the process of being reviewed. MEMBER: FT_OR/DA AS,,SOC,/A TIC~/ OF' PROPERTY APPRAISERS · INTERNATIONAL ASSOCIA DON ~:~ ASSES, SING OFFICEP~ 3301 Tarniarni Trail East. Building C-2. Nap/es, Florida 34112-49<26, (941) 774.8141, Fax: (94 I) 774.2071 2 I ! I I i I LI COLLIER COUNTY, FLORIDA SIIERIFF FINANCIAL STATEMENTS FOIl TIIE FISCAl, YEAR ENDED SEPTEMBER 30, 1998 TOGETIIER WITit REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS I i i I I I I ! I I ! COIA,IER COUNTY, FI,OP, IDA StlERIFF Table of Contents Independent Auditors' Report on thc Financial Statements Financial Statements: Combined Balance Sheet - All Fund Types and Account Group Combined Statement of Revenues. Expenditures and Changes in Fund Balance - All Governmental Fund Types and Expendable Trust Funds Combined Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual - Budgeted Governmental Fund Types Statement of Revenues, Expenses and Changes in Rctained Earnings - Internal Service Fund Statement of Cash Flows - Internal Service Fund Notes to Financial Slatemcnts Required Supplementary lnforn~ation Supplemental Information: Combining Balance Sheet - Trust and Agency Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balance - Expendable Trust Funds Combining Statement of Changes in Assets and Liabilities - Agency Funds Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Stan(lard.~ Independent Auditors' Rcpor~ on Agreed-Upon Procedures Applied to Investigative Funds Management Letter Page 1 6 7 8 9 16 18 19 20 22 23 24 PO Box 31002 I St. Pemr.~burg. FL 33731 8902 PO. Box 1439 I Tampa, FL 33601.14.'t9 2 Independent Auditors' Report on the Financial Statements i ! I Honorable Don Hunter, Sheriff' Collier County, Florida: We have audited the accompanying financial statements of thc Collier County, Flor/da Sheriff as of amt for the year ended September 30, 1998. These financial statements are the responsibility of thc Collier County, Florida Sheriff's management. Our responsibility is to express an opinion on these financial statements based on our audit. I I I I I I I i We conducted our audit in accordance with generally accepted auditing standards and Ihe standards applicable to financial audits contained in Governmental Auditing .g'tr~nd. rd.r, issued by thc Comptroller General of the United Stales. Those standards require that we plan and perform thc audit to obtain reasonable assurance about whether thc financial statements arc free of mater/al misstatement. An audit includes examining, on a test basis, evidence supporting thc amounts and disclosures in thc financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating thc overall financial statement presentation. Wc believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a) to the financial statements, the accompanying financial statemcnts wcrc prepared for the purpose of complying with Sect/on 11.45(3)(a)4, Florida Statutes, and Section 10.557(4), Rules of the /luditor General for Local Governmental Entity/fudils. These financial statements are not intended to be a complete presentation of the financial position of Collier County, Florida, and the rcsulls of its operations and the cash flows of its proprietary fund types in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to above, present fairly, in all mater/al respects, the financial position of the Collier County, Florida Sheriff, as of September 30, 1998, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. The Year 2000 supplementary, information on page 16 is not a required part of the financial statements, but is supplementary information required by the Governmental Accounting Standards Board, and we did not audit and do not express an opinion on such infi)rmation, l:ur~her, we arc unable to apply to the information certain procedures prescribed by professional standards because of the nature of thc subject matter underlying the disclosure requirements and because sufficiently specific cmcria regarding thc matters to be disclosed have not been established. In addition, we do not provide assmance that Collier County, Florida Sheriffis or will become Year 2000 compliant, thal Collier County, Florida Sheriffs Year 2000 remediation efforts will be successful in whole or in part, or that parties with which Collier County, Florida Sheriff does bus/ness are or will become Year 2000 compliant. In accordance w/th Government Auditing Standards, we have also issued our rcporl dated January 8, 1999 on our consideration of the Collier County. Florida SherifFs internal control over financial reporting and on our tcsts of its compliance with certain provisions of inws, regulations, contracts, and grants. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The combining financial statements listed in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements of the Collier County, Florida Sheriff. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relatior~ to lhe basic financial statements taken as a whole. LC-p January 8, 1999 ! COLI,IER COUNTY. FLORIDA SIIERIFF Combined Balance Sheet - All Fund Types anti Account Grot,p September 30. 1998 2 i i I i I I I i I Assets Caah and cash equ~valems Accoun~ receivable Due from other funds Due from other governments Due from Collier County, Florida Board of County Commissioner~ Due from Collier County, Florida Conmtutlonal Officers Machinery and equipment Amount to be provided for compensated absences Total assets Liabilities and Fund Equil). Liabihties: Accounts payable and accrued expenses Self insurance claims payable Due to other funds Duc to Collier County, Flor/da Board of County Commissioners Duc to Collier County, Florida Constitutional Officers Deferred revenue Accrued compensated absences Total liabilities Fund balance: Investment in general fixed assets Fund balances - unreserved Retained earnings - unreser'.,ed Total fund equity Total I/abilities and fund equity See accompanying notes to financial stalemcnt$. Governmental Fund Type General Fund 4.261.364 25.327 96,374 3,250 280,943 112 4,667,370 Special Revenue 355.776 344.719 70O.495 4.4 I 5.302 23 251.994 51 4.667.370 168.392 81,816 450,287 700,495 4,667,370 700,495 Propriefary Fund Type Infernal Service 3.916.994 323.212 4,240,206 30.519 1.123.000 _ 1,153,519 3.086,687 3.086.687 4,240,206 I ! I ! i i I ! I I I I Fiduciary Account Fund Type Groups Trust and General To(als Agency General Long-Term (memorandum Funds Fixed Assets Debt only) 623.039 252 222 -- 22,258,520 -- -- -- 3.838,217 8.801,397 348,791 96.596 359,026 625.662 112 22.258,520 3,838.217 623,513 22,258.520 3.838.217 36.328.321 22.303 -- -- 14,757 -- -- 23,763 -- -- 3.838,217 4,636,516 1,123,000 '96,596 275,757 51 450,287 3,838.217 60.823 -- 3,838.217 10,420,424 -- 22,258,520 562,690 -- 22.258.520 562,690 3.086,687 562,690 22,258.520 -- 623.513 22.258.520 3,838.217 25,907.897 36,328,321 2 I I I I ! I I i I ! i I ! I COLLIER COUNTY, FI.ORIDA SIIERIFF Combined Statement of Rcvenues, E×pcndilures and Changes in Fund Balance - All Governmental Fund Types and Expcndablc Ttus~ Funds For Ihe year ended September 30, 1995 Chargcs for scrvlccs Total revenues Expenditures: General govemmem. Personal services O'peralmg expenditures Public safety: Personal services O~ntmg expenditures Cap~t~l outlay Total expenditures Excess (deficiency1 of revenues ov,:.r cxr~mhmre~ Other financing sources fuses) Operating transfers in. General Fund Colhcr Count, Florida Board n£County Comm~ssmners appropriations Operating U'ans£ers out: Special Revenue Fund Distribution o£excess apprnpn~,tions Io Collier County, Florida Board of County Commissioners 'Foul o~hcr financing sources ~XCCSS of revenues and olh~r financln8 sources over expenditures and other financing fuses) Fund balances - October 1, 1997 Fund balances - September 30, 199g Sc¢ accompanying holes 1o financial statements Governmental Fund Types Special E~pend~ble General Revenue Trust Fund Funds Funds Fiduciary Fund Types Totals (memorandum only) . ..70,553 289,1 O0 3.559.653 3.270,553 2~9.10~ 3.559,653 I .o72.219 -- ~ 35.606 -- -- a 1,852,775 3.321,524 50,060 7.308270 482,706 58,711 2.140,361 71 g,821 6,.147 52,409.33,1 n.523.051 115,218 (52,40q,334) (1252.498) 173.882 .072,219 35,606 45,224,359 7,849.787 2,865,632 57,0.17.603 (53,487,950) -- 1,007,260 -- 1,007.260 53,629.800 2,15.238 -- 53.875,038 ~ 1,007,260) -- -- (1,007,260) (213.206) -- -- (213.206) 52,,109,334 1,252..198 -- 53,661.832 -- -- 173.882 173,882 -- -- 388,808 388.808 $ -- -- 562.690 562,690 I I I I I I I I I I I I I I I COLLIER COUNTY, FLORID,". SIIERIFF Combined Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual - Budgeted Governmental Fund Types For Ihe year ended September 30. 1998 C'ha~gcs for services Total revenues Expenditures: General government: Personal sen'ices Operating expenditures Public safety: Personal services Operating expenditures Capital outlay Total expe'nditures Excess of over expenditures over revenues Other financing .sources (uses): Operating transfers in - Collier County. Florida Board o£County Commissioners appropriations Operating transfers out - Spec/al Revenue Fund Distribution of excess appropriations to Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance - October 1, 1997 Fund balance - September 30, 1998 General Fund Variance Favorable Budget Actual (Unfavorable) 1,132.400 1.072,219 60,181 55.500 35.606 19.894 40.553.600 41.852,775 (1.299.175) 8,132,300 7,308,370 823.930 2,451,600 2,140,364 311.236 52.325.400 52,409,334 (83,934) (52,325,400) (52.409334) (83.934) 53,629,800 53,629,800 -- (1.304,400) (1.007,260) 297.140 -- (213,206) (213,206) 52.325,400 52.409,334 83,934 See accompanying notes [o financial statements. COI,LIER COUNTY, FLORIDA SttERIFF Statement of Revenues, Expenses and Changes m Retained Earnings - Internal Service Fund For the year ended September 30, 1998 ! ! ! Operating revenues: Charges for services Operating expenses: Claims and claims expenses Reinsurance premiums Administrative and other expenses Total expenses Operating loss Nonoperating revenues: Interest income Net loss Retained earnings - October 1, 1997 Retained earnings - September 30, 1998 See accompanying notes to financial statements. $ 3,507,O78 3,339,845 254,212 106,275 3,7OO,332 (193,254) 178,242 (15,012) 3,101,699 3,086,687 COLLIER COUNTY, FLORIDA SHERIFF Statement of Cash Flows - Internal Service Fund For thc )'ear ended September 30. 1998 i I I ! I i I i Cash flows from operating activities: Cash payments for claims and claims related services Cash payments for reinsurance premiums Cash payments for administrative services and supplies Cash received from other funds for services Cash received from retirees for services Net cash used in operating activities Cash flows from investing activities: Interest on investments Net increase in cash and cash equivalents Cash and cash equivalents - October 1, 1997 Cash and cash equivalents - September 30. 1998 Reconciliation of operating loss to net cash used in operating activities: Operating loss Adjustments to reconcile operating loss to net cash used in operating activities: lncrease in accounts receivable Decrease in accounts payable Increase in self-insurance claims payable Total See accompanying notes to financial slatcments. S (3,364,722) (254,212) (106,275) 3,436,193 70.885 (218,131) 178,242 (39,889) 3,956,883 $ 3,916,994 $ (193,254) (286,306) (24,571) 286,000 (218,131) I I I I I I I I I C()I,IAER COUNTY, FLORII)A SIIERIFF Notes to Financial Statements September 30, 1998 (1) SummaD' of Significant Accounting Policies and Practices (a) Reporting Entity Thc Collier County, Florida Sheriff (thc Sheriff) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129. Florida Stat.tes, the Sheriff's budget is submitted to the Collier County. Florida Board of County Commissioners (Board) for approval. Thc Collier Count)', Florida Sheriff is thc chief law cnforccment officer of thc County and is responsible for operating the County's corrections facilities. Thc financial statements presented include Ire general fund, special revenue funds, agency funds, trust funds, the general fixed assets account group, and the general long-term debt account group of the Sheriff's office. The accompanying financial statements were prepared for the purpose of complying with Section 11.45(3)(a)4, Florida Statutes, and Section 10.557(4), Rules of the .4uditor General for Local Governmental Entitv .4udits. and arc not intended to be a complete presentation of thc financial position of Collier County, Florida, and the results of its operations and the cash flows of its proprietary fund types in conformity with generally accepted accounting principles. As a result of the budgetary oversight by the Board and the financial dependency on the Board, these financial statements of the Sheriff are included in thc Collier County, Florida Comprehensive Annual Financial Report. Operating transfers are provided by appropriations from the Board of County Commissioners pursuant to law. Estimated receipts and budgeted fund balances must equal appropriations. The Sheriff is required to refund to the Board of County Commissioners all excess appropriations annually; therefore, no unappropriated fund balance is carried forward. (b) Measurement Focus, Basis of Accounting and Basis of Presentation Thc accounts of the Sheriff arc organized and operated on thc basis of funds and account groups, each of which is considcrcd a separate accounting corny. Each fund and account group is accounted for wtth a separate set of self-balancing accounts that comprise its assets, liabilities, fund balance, revenues and cxpend~turcs. Resources are allocated and accounted for in individual funds based upon thc purposes for which they are to be spent and the means by which spending activ~tms are controlled. Thc Sheriff has thc following fund types and account groups: 9 (Continued) 'l I ,! I I COLLIER COUNTY, FLORII)A SIIERIFF Notes to Financial Statements September 30, 1998 Governmental Fun& Governmental funds arc accounted for using thc flow ofcurrcnl financml resources measurement focus. Only current assets and current liabilities, generally, arc included ,n thc balance sheet, Operating statements for these funds present increases (I.e.. revenues and other financing sources) and decreases (i.e.. expenditures and other financing uses) m net currenl assets. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance liabilities of the current fiscal year). Expenditures are recorded when the related fund I/ability is incurred, except for certain compensated absences, which are recognized when the obligations are expected to be hquidatcd with expendable available financial resources. Substantially all of the Sheriff's funding is appropriated by the Collier County, Florida Board of County Commissioners. In applying thc susceptible to accrual concept to intergovernmental revenues, there are essentially two types of revenues. In one, moneys must be expended on the specific purpose or project before any amounts will be paid to the Sheriff; therefore, revenues are recognized based upon the expenditures incurred. Grant revenues are recorded in this manner. In the other, moneys arc virtually unrestricted and are revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenues at the time of receipt, or earlier, if the "susceptible to accrual" criteria are met. Other revenue is recognized as earned and becomes measurable and available to pay liabilities of the current period. Florida Statutes provide that the amount by which revenues and operating transfers exceed annual expenditures be remitted to the Collier County, Florida Board of County Commissioners immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenues were recognized. The amount of this distribution is recorded as a liability and as an other financing usc in thc accompanying financial statements. Governmental fund types include the following: General Fund - The general fund is used to account for the general operations of the Sheriff and includes all transactions which are not accounted for in a,nather fund or account group, 10 (Continued) ] I i I I i COIAAER COUNTY, FI.ORIDA SltERIFF Notes to Financial Statements September 30, 1998 Special Rcvcnuc Funds -Thcsc funds arc used to account for thc procccds of spccific rcvcnuc sources (other than expendable trusts) that arc legally restricted to specified purposes. Fiduciar3, Funds These funds arc used to account for asscts hcld by the Shcriffin a trustee capacity or as an agent for individuals, private organizations, other governments and other funds. These include expendable trust funds and agency funds. Expendable trust funds arc accounled for in essentially the same manner as governmental funds, using thc same measurement focus and basis of accounting. Agency funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations or have a measurement focus. Agency funds are accounted for using the modified accrual basis ofaccounting. Account Groups The general fixed asscts account group is used to account for all fixed assets of thc Sheriff, except those legally required to be accounted for by the Board. 'l'he general long-term debt account group is used to account for all long-term obligations of the Sheriff. (c) Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. (d) Fixed Assets ! I Fixed assets used in governmental fund type operations arc recorded in Irc general fixed assets account group rather than in governmental funds. All fixed assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated or confiscated fixed assets arc valued at their estimated fair value on thc date received. No depreciation has been provided on general fixed assets. (e) Compensated Absences All full-time employees of Irc Sheriff are allowed to accumulate an unlimited number of hot.~rs of unused sick time and up to 224 hours of unused vacation leave. Upon termination, employees receive 100 pcrcen~ of allowable accumulatcd vacation hours and a percentage of unused sick leave, depending on >'ears of service. II (Continued) I i I I I I I I I I I I '6A2 COLLIER COUNTY, FLORIDA SlIER. IFF Notes to Financial Statements September 30, 1998 09 Use of Estimates Management of thc Sheriff has made a number of estimates and assumptions relating to thc reporting of assets and liabilities lt') prepare these financIal statements in conformity with generally accepted accounting principles. Actual results could differ from those estimates. (g) Memorandum Only- Total Columns Total columns on the financial statements are captionccl "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial positron or results of operations in conformity with generally accepted accounting pr/he,pies. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. (2) Budgetar3,' Process Florida Statutes 129.03 governs the preparation, adoption and administration of the SherifFs annual budget. The Sheriff prepares a budget for the general fund and submits it to the Board of County Commissioners for approval. Any subsequent amendments to the budget must be approved by the Board. Thc budget for the general fund is prepared on the modified accrual basis. The annual budget serves as the legal authorization for expenditures. Expenditures cannot legally exceed thc total amount budgeted for that fund. Thc level of control for appropriations is exercised at the fund level. (3) Cash and Cash Equivalents Florida Statutes authorize the Sheriff to invest in the Local Government Surplus Funds Trust Fund administered by thc State Board of Administration, obligations of thc U.S. Treasury and U.S. Agencies, and interest-bearing time deposits and savings accounts held in federal or state-chartered banks and savings and loan associations doing business in Florida, provided that such deposits are secured by collateral as may be prescribed. Additionally, the statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits Act. The pool is administered by thc State Treasurer, who may make additional assessments to ensure that no public funds will be lost. At September 30, 1998, the Sheriff had deposits that were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse thc government entity for the loss. The total bank and book balances at September 30, 1998 were $10,466,144 and $8,042,555, respectively. Cash on hand ',','as $8,743. 12 (Continued) I I I I COLLIER COUNTY, FLORIDA SttERIFF Notes to Financial Statements September 30, 1998 At September 30, 1998, the Sheriff also had deposits of $750,099 with the State Board of Administration. (4) General Fixed Assets A summary of changes in general fixed assets follows: Balance Balance October I, September 30, 1997 Additions Retirements 1998 Machinery and equipment $ 20.240.020 3,124.650 1,106,150 22,258,520 (5) Employee Retirement Plan Substantially all full-time and part-time employees of the Sheriff are eligible to participate in the State of Florida Retirement System ("System"), a cost-sharing multiple-employer defined benefit plan administered by the State of Florida, Division of Retirement. The primary system is a defined benefit plan for all state, and participating county, district board, community college and university employees. Employees who are regular risk members retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of' age, are entitled to a retirement benefit, payable monthly for Ii fe, equal to 1.6% of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes ,.nd Chapter 22B, Florida Administrative Code. Special Risk Class members qualify for normal retirement with 10 years of special risk service and are age 55 or with 25 years of special risk service at any age. The monthly benefit payable is equal to t¥om 2-3% of their average final compensation for each year of credited sen'icc depending on the percent Jn effect dunng the service period. Vested employees may retire before age 55 and receive benefits that are reduced 50% fi~r each year prior to normal retirement age or date. (Continued) i ! I I I I I COLLIER COUNTY, FI.ORIDA SttERIFF Notes to Financial Statements September 30, 1998 Thc System publishes an unaudited annual report that provides ten-year historical trend informatmn about progress made in accumulating sufficient assets to pay benefits when due. The most recent available report is for the plan year ended June 30, 1998. That report may be obtained by writing to Research Education and Policy Section, 2639-C North Monroe Street, Tallahassee, Florida 32399- 1560, or by calling (850) 488-5706, or accessing their lntcrnct site at w',vw.dos.statc.fl.us/fgil~ retirement. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July I, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of term/nation of employment, the employee will receive payment of the accumulated DROP benefits, and bcg~n receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost-of-living increases). Thc Sheriff is required to contribute at an actuarially determined rate. The current rate is approximately 25% of annual covered payroll. The contribution requirements of the Sheriff are established and may be amended by the State of Florida. The Sheriff's contributions to the plan for the years ending September 30, 1998, 1997 and 1996 were $7,821,530, $7,378,508 and $6,317,431, respectively, equal to the required contributions for each year. (6) Self-Insurance Program Thc SherifFs Office participates in the State-w/de Florida SherifFs Self-Insurance Fund (the "Fund") for its professional liability insurance. The Fund is managed by representatives of the participating Sheriff offices and provides professional liability insurance to participating agencies. The Fund provides liability insurance coverage subject to the following limitations: $2,100,000 for any claim involving a single individual, $2,200,000 for any incident which involves multiple claims and an aggregate of $2,300,000 ultimate net loss per Sheriffduring any policy period. The Sheriff participates in the Florida Sheriffs' Sclf-Insurance Fund program for workers' compensation coverage. The Florida Sheriffs' Association Workers' Compensation Insurance Trust (FSAWIT) is a limited sell:insurance fund providing coverage for the first $250,000 of every claim. Re-insurance is provided through a third-party insurer for all claims exceeding $250,000. 14 (Continued) 6./1, I I i I I I i I i I I (7) ('OLI,IER COUNTY, FI,()Rll)A SIIERIFF Notes to [:mancml ~latcnlcnls Seplcmbcr 30, 1998 Premiums charged to participating Sheriffs are based upon amounts believed by the Fund management to meet the estimated annual payout during the fiscal year and to pay for the estimated operating costs of the program. The Sheriff has also established a self-funded employee health plan. An Internal Service Fund was established to account for thc activities o£ the plan. Excess coverage has been purchased which provides specific claim excess coverage for any one incident exceeding 5;125,000 to $1,000,000 and aggregate limits excess coverage for total claims paid by the Sheriff, which exceeds $3,603,281 for any coverage )'ear. Payments to the Internal Service Fund are based on actuarial estimates of amounts needed to pay prior year and current year claims. Changes m the balance ofcsumatcd insurance claims payable for ~he fiscal year cndcd September 30, 1998 and 1997 are as follows: ~'ew claims Balance and changes Claim Balance October I, in estimates payments September 30, Fiscal year ending: 1997 $ 639,000 2,841,746 (2,643,746) 837,000 1998 837.000 3,650,722 (3,364,722) 1,123,000 Litigalion The Sheriff is revolved as defendant or plaintiff in certain htigation and claims arising from the or&nary course of opcrat,ons. In the opinion of the Sheriff and legal counsel, the range of potential recoveries or liabilities will not materially affect the financial posit~on of the Sheriff. Expendilures in Excess of Appropriations The General Fund reported total cxpenditures m excess o[ budgeted amo~mts. This rcsuhed from the overestimation of expenditures to be borne by the Special R. cvcnue Fund. 15 (Continued) REQUIRED SUPPLESIENTARY INFOII3~IATION 16 2 I i I ! ! 2 COIAAER COUNTY, FLORIDA SIIERIFF Required Supplementary Information September 30. 1998 Year 2000 The problem of Year 2000 revolves around the predominant use of two digit date fields for space saving purposes instead of four digit date fields in older computer systems. If left unattended, lhis date field problem could cause failures in time sensitive software resulting in the temporary inability to engage in normal business activities. The Collier County SherifFs Office has completed an assessment of its exposures to the Year 2000 issue and is now in the process of modifying, replacing and testing its computer systems in order to ensure that its systems ',,,'ill function properly with respect to dates in thc Year 2000. As of September 30, 1998, the Sheriff's Office has spent 5;247,112 for system modifications. The Sheriff utilizes the following stages of work to address the Year 2000 issues: * Awareness stage - Establishing a budget and project plan for dealing wilh thc Year 2000 issue. · Assessment stage - Identifying the systems and components for which Year 2000 compliance work is needed. · Remcdiation stage - Making changes to systems and equipment. · Validatiow'testing stage - Validating and testing the changes that ,,,,'ere made during the remediation stage. The SherifFs Office Year 2000 remediation work for its mission-critical systems and electronic equipment are in the following stages of work as listed below. The letter "C" means complete, "P" means work in process and "A" means remaining items tO be addressed. Impact Awareness Assessment Remedialirm Validation/Testing Computer Automated Dispatch Crmcal C C p A Financial Reporting Package Critical C C C p E'/idencc (Scan System) Crit:cal (? C C p Records Management System Critic;:l C P p A 911 System Crmcal C C C C Florida Crime Information Center Critical C C C C Payroll retirement Critical C C C C Evidence Operating System Critmol f; C p A Local Area Network Crit:c:~l (' C p A Because o£ thc unprecedented nature of thc Year 2000 ~ssuc. its effects and success of rclaled rcmediation eft'om will not be fully determinable until the Year 2000 and thereafter. Management cannot assure that the Shcriffis or will be Year 2000 ready, that the Sher:Ws remediation efforts will be successful in whole or in part, or that the parties with whom thc Shcriffdoes business will be Year 2000 ready. 17 I I I -I i I I i I I ~6~,2 i I I I COIAAER COUNTY, FLORII)A SItERIFF Combining Statement of Revenues, Expenditures and Changes in Fund Balance - Expendable Trust Funds Year ended September 30, 1998 Prisoner Welfare Fund Revenues: Miscellaneous Total revenues Expenditures: Current: Public Safety: Personal service Operating expenditures Capital outlay Total expenditures Excess of revenues over (under) expenditures Fund balances - beginning of year Fund balances - end of year $ 284.976 284,976 50,060 54,303 6,447 110,810 174,166 380,398 $ 554,564 19 Candidale Welfare Fund Total 4,124 289,100 4,124 289,100 -- 50,060 4,408 58,711 -- 6,447 4,408 115,218 (284) 173,882 8,410 388,808 8,126 562,690 I i i I I I i I ! I ! COLLIER COUNTY, FLORIDA StlERIFF Combining Statement of Changes in Assets and Liabilities - Agency Funds For the year ended September 30.1998 Civil Trust Fund AsseL~: Cash and cash equivalents Liabilities: Accounts payable and accrued expenses Due to Collier County, Florida Board of County Commissioners Flexible Spending Fund Assets: Cash and cash equivalents Accounts recewable L~abilit:es: Accounts payable and accrued expenses Due to other funds To~al liabilities Inmate Trust Fund Assets: Cash and casl~ equivalents Accounts receivable D'ae from other f-rids Liabilities: Accounts payable and accrued expenses Due to other funds September30. 1997 Additions 44,185 1,419.243 44,185 1,419,243 September 30, Deductlon~ 1998 1,432,136 31.292 1,432,136 31,292 $ 16,980 868,438 877,889 7.529 27,205 258,774 262,216 23,763 44,185 1,127,212 1,140,105 3[.292 10.552 183,818 180,332 14.038 22 -- 22 -- 10,574 183,818 180,354 14,038 5,074 188,679 185,215 8,538 5,500 --- -- 5,500 $ 10.574 188,679 185.215 14,038 25.399 2,573,893 2,592,903 6,389 514 23 514 23 23 23 23 23 25.936 2,573,939 2.593.440 6.435 25.fi61 5.882 25,307 6,236 275 199 275 199 $ 25,936 6.081 25.582 6/135 (Continued) 2O ii!' I I 6 ,2 COLLIER COUNTY, FLORIDA SIIERIFF Combining Statement of Changes .in Assets and Liabilities - Agency Funds, Continued For the 'year ended September 30, 1998 Totals - All A£ency Funds Assets: C~h ard cash eqmvalcnts Accounts receivable Due from other funds Liabihties: Accou nix payable and accrued expenses Due to other funds Due to Colliex County. Florida Board of Cou n,'y Commissioners Tom liabilities September 30. 1997 Additions September 30, Deductions 1998 S 80,136 4.176.954 4,205.371 51,719 536 23 536 23 23 23 23 23 S 80,695 4,177.000 4.205,930 51.765 47,715 1.062,999 1,088.411 22,303 5,775 199 275 5,699 27.205 258,774 80,695 1.321.972 262.216 23.763 1.350,902 51,765 21 I ! F~O. Box 31002 St. Petersburg. FL 33731-6902 F~O. Box 1439 Tampa, FL 33601-1439 2 Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Honorable Don ttunter, Sheriff Collier County, Florida: We have audited the financial statements of the Collier County, Florida Sheriff as of and for the year ended September 30, 1998, and have issued our report thereon dated January 8, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Collier County, Florida SheriWs financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, 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 are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Collier County, Florida Sheriff's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be de!ccted within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and usc of the Collier County, Florida Sheriff and federal awarding agencxes and pass through cnmies, and is not intended to he and should not be used by anyone other than these specified par~ics. JanuaD' 8, 1999 22 ~0 Ek:rx 31002 Petersburg, FL 33731-8902 PO Box 1439 Tampa, FL 33601-1439 Independen! Auditors' Report on Agreed-Upon Procedures Applied to Investigative Funds ttonorable Don ttuntcr, Sheriff Collier County, Florida: We have performed the procedures enumerated below, which were agreed to by management of the Collier County, Florida Sheriff, solely to assist you in evaluating controls over the investigative funds. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures we performed and findings are summarized as follows: We randomly selected two months and examined receipts, ledgers, and other documentation submitled by personnel within the Collier County, Florida Sheriff's office in order to substantiate the withdrawal of cash and examine proper authorization for the withdrawals tested. We found no significant e::ceptions as a result of these procedures. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the investigative funds. Accordingly, we do not express such an opinion. Had we performed additional procedures, other mal'~ers might have come to our attention that would have been reporled to you. This report is intended solely for the information and use of the Collier County, Florida Sheriff, and should not be used by those who have not agreed to the procedures and taken resfxmsibility for thc sufficiency of the procedures for their purposes. January 8, t999 23 I I I ! I I I i PO. Box 31002 St. Petersburg, FL 33731-8902 PO Box 1439 Tampa. FL 33601-1439 6A2 Management Letter Honorable Don ttunter, Sheriff Collier County. Florida: We have audited the financial statements of the Collier County, Florida Sheriff as of and for the year ended September 30, 1998, and have issued our report thereon dated January 8, 1999. In planning and performing our audit of the financial statements of thc Collier County, Florida Sher/ff, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. An audit does not include examining the effectiveness of internal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A material weakness is a condition m which the design or operatmn of thc specific internal conlrol components does not reduce to a relatively low level the risk that errors or fraud in amounts that would be mater/al in relation to thc financial statements being audited may occur and not be detected within a timely per/od by employees in thc normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by thc American Institute of Certified Public Accountaats. However, we noted no matters involving internal control and its operation that we consider to be material weaknesses as defined above. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of governmental audits performed in the State of Florida and require that certain items be addressed in this letter. The Rules of the /tue/t'tor General rcqmrc that we comment on whether irregularities reported or recommendations made in thc preceding annual linancial audit have been con'cctcd. The following prior year rccommcndation, not yet implemcntcd, is as follows: 24 I '6A2 Disaster Recovery Plan The Sheriff has a partial disaster recovery plan in place, ttowevcr, the plan did not make provisions for alternate processing in case of a disaster. Management has considered the impact of.such limitation on the current disaster recover)' plan. As part of converting the computer systems for the Year 2000, alternative processing sites have been sought, but formal plans have not been completed. As required by thc Rules of thc Auditor General, we dctcrmincd that Collier County, Florida's fiscal year 1998 annual financial report, which includes the financial information of the Collier County, Florida Sheriff, and which was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is m agreement with the audited financial statements for the same period. Further, as required by the Rules of the Auditor General, the scope of our audit included a review of the provisions o f Section 218.503(I), Florida Statutes, "Determination of Financial Emergency." In connection with our audit, nothing came to our attention that caused us to believe that the Collier County, Florida Sheriff met any conditions indicative of a stale of financial emergency as defined in that Section. The Rules of the Auditor General also require that we report on the Collier County, Florida Sheriffs' legal authority or enabling act. In that ?cgard, the Collier County, Florida Sheriff was established by the Constitution of the State of Florida, Article VIII, Section l(d). This report is intended solely for the information and usc of thc Collier County, Florida Sheriff and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than those specified parties. January 8, 1999 25 I ! COI.LIER COUNTY, FI,OIHDA. SUPERVISOR OF EI.ECTIONS FINANCIAL STATEMENTS FOR TIlE FISCAl. YEAR ENDED SEPTEMBER 30, 1998 TOGETHER hVITtl REPORT OF INDEPENDENT CERTIFIED PUBI.IC ACCOUNTANTS COLLIER COUNTY, FLORIDA SUPER¥'ISOR OF ELECTIONS Table of Contents Independent Auditors' Report on the Financial Statements Financial Statements: Balance Sheet - General Fund and General Long-Term Debt Account Group Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund Notes to Financial Statements Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance XVith Goverm,wm Auditing Standar~Iv Management Letter Page 1 2 3 11 12 Ii I RQ Box 31002 St. Petersburg. FL 33731-8902 Box 1439 Tarnl::}a. FL 33601-1439 Independent Auditors' Report on the Financial Statements Honorable Mary Morgan, Supervisor of Elections Collier County, Florida: We have audited the accompanying financial statements of the Collier County, Florida, Supervisor of Elections, as of and for the 5'ear ended September 30, 1998, as listed in the table of contents. These financial statements are the responsibility of the Collier County, Florida Supervisor of Elections' management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government ,4udidng Standards, issued by the Comptroller General of the United States. Tlnose standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accotmting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note l(a) to the financial statements, thc accompa,,ying financial statements were prepared for thc purpose of complying with Section 11.45(3)(a)(4). t:lorida Statutes and Section 10.557(4), Rulex of the Auditor General for Local Governmental EntiO' Audits. These financial statements are not intended to be a complete presentation of the financial position of Collier Com,ty, Florida, and the results of its operations and the cash flows of its proprietary fund types, in conformity ',vlth generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Collier County, Florida Supervisor of Elections, as of September 30, 1998, and the results of /ts operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, wc have also issued our report dated October 30, 1998 on our consideration of the Collier County, Florida Supervisor of Elections' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. October 30, 1998 1 I ! ! I! COLIAER COUNTY, FLORIDA SUPERVISOR OF EI.ECTIONS Balance Sheet - General Fund and General Long-Term Debt Account Group September 30, 1998 Assets Cash Due from Colhcr County. Florida Board of County Comm~ssmncrs Amount to be provided for compcnsatcd abscnces Total assets Liabilities and Fund Balance Liabilities: Accounts payable Due to Collier County. Florida Board of County Commissioners Due to Collier County. Florida Constitutional Officers Accrued compensated absences Total liabilities Fund balance Total liablhtcs and fund balancc General Fund General l.ong-Term Debt Account Group 395.719 -- 3,600 -- -- 38,322 Total (memorandum only) 395,719 3,600 38,322 See accompanying notes to financial statements. 2 399,319 38,322 437,641 65.839 -- 333,2O0 -- 280 -- -- 38,322 399,319 38,322 $ 399.319 38,322 65,839 333,200 28O 38322 437,641 437,641 I ,! I COLLIER COUNTY, FLORIDA SUPERVISOR OF ELECTIONS Statements of Revenues, Expenditures and Changes in Fund Balance - General Fund }:or the year ended Seplember 30, 1998 Revenues Expenditures: General government: Personal services Operating expenditures Capital outlay Total expenditures Excess of expenditures over revenues Other financing sources (uses): Operating transfers in - Collier County, Florida Board of County Commissioners appropriations Operating transfers out - Distribution of excess appropr/alions - Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance - October 1, 1997 Fund balance - September 30, 1998 See accompanying notes to financial statements. 677,934 328.073 66.746 1,072,753 (1,072,753) 1.394.900 (322,147) 1.072,753 I COLLIER COUNTY, FLORIDA SUPERVISOR OF ELECTIONS Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund For the year ended September 30, 1998 6 I I I Re'venues Expenditures: General government: Personal services Operating Capital outlay Total expcndilurcs Excess of expenditures over revenues Other financing sources (uses): Operating transfers in - Collier County, Flor/da Board of County Commissioners appropna',mns Operating transfers out - Distribution of excess appropriations - Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance - beginning of year Fund balance - cad of year Sec ~ccompanying notes to financial stalements Budget Actual VlirJance favorable ,,,(unfavorable) 750.800 474,000 91,700 677,934 328,073 66,746 72,866 145,927 24,954 1.316.500 (I.316.500) 1,072,753 (1,072,753) 243,747 (243,747) 1,394.900 1,394,900 (78.400) 1.316,500 (322,147) 1,072,753 243,747 243,747 I I ! I I I ! ! ! ! C()I,IAER COUNTY. FI,ORII)A SUI'ERVISOI( OF EI~E(YI'IONS Notes to Fmancml Statements September 30. 1998 (1) Summary of Sil~nificant Accounting Policies and Practices (a) Reporting Et~tity Thc Collier County, Ftor~da Supcrvlsor of Elections (Supervisor of Elections) is an clcctcd constitutional officer as provided for by thc Constltutmn of Ibc State of Florida. I'ursuant to Chapter 129. [:lorid~, ,¥tatutc'x. the Supervisor of Elections' budget ts submitted to the Collier County. Flor/da Board of County Commissioners (Board) for approval. Thc financial statements presented include thc general fired and thc gcncral hmg-lcrm debt accnun! group of thc Supc~'isor of L:]ections' office. Thc accompanying financial slatcmcnts wcrc prepared fi)r thc purpose of complying with Section I 1.45(3)(a)(4), b'loridrt ,~tatul~,$, and Section 10.557(4). Rule., of the ,4itditor General for Local Governmental Entit)' ,4mlitx. and are not Intended to be a complete presentation of thc financial posmon of Collier County, Florida and thc results of its operations and thc cash flows of Ils proprictary fund fy'pcs in conformity with generally accepted accounting principles. As a result of Ihe budgetary ovcrsight by Ihc Board and financial dependency on thc Board, these financial statements are included in the Collier County, Florida Comprehensive Annual Financial Rcporl. Operating transfers arc provided by appropriations from thc lloard of County Commissioners pursuant to la,.,,'. Estimated receipts and budgeted fund balances must equal appropriations. 'thc Supcr~'isor of Elcct~ons is required It) refund to Ibc t~oard of' ('ounty Commissioners all excess appropriations annually: therefore, no unapproprmtcd I'.nd balance ,s carried fi~rward. Mca.~urement Focux, Ba.vix of ,4ccottttting and Baxix of Presentatiott q'hc accounts of thc Supervisor of Elections arc organized and operated on the basis of funds and an account group, each of which is considered a separate accounting entity, l'.'ach fired and account group is accounlcd for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balance, revenues anti cxpcnthturcs. Resources are allocated and accounted for in individual funds based upon thc purposes rot whmh they arc to be spent and the means by which spending activities arc controlled. Thc Supervisor oF Elcctions has the following fund types and account group: Gorertm~ental Fut~d.r (;o;'cmmental funds arc accourHcd for u~;~ng thc flow of current financial resources measurement focus Onlycurrcnl asscls and current hab~litics, gencrally, arc mcludcdon the balance sheet (')pcratmg statements Iht this fund present incrca,.<cs (I.e.. revenues and other financing sources) and decreases ti.c., expenditures and other financing usc,;) in net current assets. Thc modified accrual basis of accounting is used by all govcmmcmal funda. 5 (Continued) COI,LIER COUNTY, FI,ORIDA SUPERVISOR OF ELECTIONS Notes to Financial Statements September 30, 1998 Under thc modificd accrual basis of accounting, rcvcnues arc recognizcd when susceptible lo accrual (i.e., when they bccomc measurable and available to finance liabilmcs of thc current fiscal year). Expenditures arc recorded when thc related fund liability ts incurred, except for certain compensated absences, which arc recognized ',','hen thc obligauons arc expected to be liquidated with expendable available financial resources. Thc appropriations from thc Board arc thc pr:mary source of funds considered to bc susccptiblc to accrual. PTorida Statutes providc that thc amount by which revenues and operating transfers cxcccd annual expenditures bc remitted to the Collier Couoty, Florida Board of County Commissioners immediately following the fiscal year for which the funding was provided or following thc fiscal year during which othcr revenues were recognized. Thc amount of this distribution is recorded as a liability and as an other financing usc in tl~c accompanying financial statements. Capital outlays expended in general fund opcralions are recorded in the general fixed asset.,; account group of the Board of County Commissioners rather than in governmental funds of thc Supervisor of Elections. Govcrnmcntal fund typcs include thc gcncral fund which ~s used to accounl for the gcneral operations of thc Supervisor of Elections, and includes all transactions which are not accounted for in thc general long-term debt account group. ,4ccoun! Group The general long-Icftu dcbt account group is used to account fi)r all long-term obligations of thc Supervisor of Elections. (c) Compensated/Ibsen ces All fldl-hmc cmployccs of thc Supcrv~sor of Eicct~ons arc allowed to accumulate an unlimited number of' hours of unused sick time anti up to 240 }'lOtlrs of' unuscd vacation leave. Upon termination, cmployccs receive I00 percent ,cfi allow;,blc accumulated vacation hours anti a percentage of uouscd sick leave, depending on years of scrx'icc. 6 (Continued) II !! COLLIER COUNTY, FLORIDA SUPERVISOR OF ELECTIONS Notes to Financial Statements September 30, 1998 (d) General Fired/Is.~etx The tangible personal property used by the Supcr~'isor of Elections is reported in the general fixed assets account group of the Board of County Commissioners. Upon acqutsitton, such assets are recorded as expenditures in the general fund of the Supervisor of Elections. and are capitalized at cost in the general fixed assets account group of the Board. The Supervisor of Elections maintains custodial responsibility for the fixed assets used by the office. (e) Use of Estimates Management of the Supervisor of Elections has made a number of estimates and assumptions relating to the reporting of assets and liabilities to prepare these financial statements in conformity with generally accepted accounting pr/nciples. Actual results could differ from those estimates. 09 Memorandum Only- Total Columns' Totals columns on the financial statements arc captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation, lnterfund eliminations have not been made in the aggregation of this data. (2) Budgetary Process Florida Statutes 129.03 governs the preparation, adoption and administration of thc Supervisor of Elections' annual budget. The Supervisor of Elections submits a budget for the general fund to the Board of County Commissioners for approval. Any subsequent amendments lo the Supervisor's total budget must be approved by the Board. The budget for the general fund is prepared on thc modified accrual basis. Expenditures cannot legally exceed the total amount budgeted for each fund. All unencumbered appropriations lapse at year end. The level of control for appropriations is exercised at the fund level. (Continued) I ! I I (3) (4) COI,LIER COUNTY, FLORIDA SUPERVISOR OF ELECTIONS Notes to Financial Statements September 30. 1998 Cash Florida Statutes authorize the Supervisor of Elections to invest m the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, obligations of the U.S. Treasury and U.S. Agencies. and interest-bearing time deposits and savings accounts held itl federal or state- chartered banks and savings anti loan associations doing business in Florida, provided that such deposits are secured by collateral as may be prescribed. Additionally, l:[orida .¥tatutcs allow local go~,'crnments to place public funds ',','/th institutions that participate m a collateral pool under the Honda Sccmtv for Public Deposits Act. The pool is administered by thc State Treasurer. who may make additional assessments to ensure that no public funds will be lost. At September 30. 1998, the Supen'isor of Elections' deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of&fault by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. The bank balances and book balances were $420,992 and $395,719, respectively, at September 30. 1998. General Long-Term Debt The follow~ng is a summary ofchanges in general long-term debt obligations: October 1, Net 1997 increase September 30, 1998 Accrued compensated absences $ 37,987 335 38,322 (5) Employee Retirement Plans Substantially all full-t/me employees of the Supervisor of Elections filling regularly established positions are eligible to participate in the State of Florida Relirement System ("System"), a cost-sharing multiple-employer defined benefit plan administered by the State o'f Florida, Division of Retirement_ The pr/mary System is a defined benefit plan l'br all state, ar';d participating county. d/strict school board, community college and university employees. ' (Continued) 1 ! I I I I ! I I I I I I I ! i COLI,IER COUNTY, FI,ORI I)A SUPERVISOR OF ELECTIONS Notes to [:)nanclal ~tatc~ncnt~ September 30, 199g Employees who retire at or after age 62 with I0 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% for each year of credited service times the average final compensation period. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. The System also provides death and disability benefits. Bcncfits are established by Chapter 121, Flori&1 &atute,~ and Chapter 22B, Florida Achnini. rtrative Codc. The System publishes an unaudited annual report that provides ten-year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. The most recent available repor~ is for the plan year ended June 30, 1998. This report may be obtained by wriling to Research Education and Policy Section 2639E North Monroe Street, Tallahassee, Florida 32399-t560, or by calling (850) 488-5706, or accessing their Interact site at www.dos.state, fl.u~fgils/retirement. Thc Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a spccificd anti limited period for members of lhe System, effective July 1. 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interesl, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefils, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost-of-living increases). Collier County ~s required to contribute an actuarially determined rate. The current rate is approximately 21% of annual .covered payroll, The contribution requirements of the Supervisor of Elections are established anti may be amended by the State of Florida. 'l'he Super~'isor of Elections contributions to the plan for the years ending September 30, 1998, 1997 and 1996 were $85,290, $8~.531 and 585,466. respectively, equal to the required conlnbutions for each year. (6) Risk ?qanagement The Cot, nty )s exposed to varmus r~sks of loss, including general I/ability. health and life, p,'opcrty anti casualty, auto and physical damage, and workcrs' compcnsatmn. /\ self-insurance internal service fund is maintained by the Crmntv lo administcr insurance activities relating Io workers co~npcnsation. health, and property and c:~st~alty, which covers general pro[:crty, a:~Io, pablic official which includes employment practices liabl!mcs, and cr~me hab!Iitlcs. I)urtnv thc year ended September 30, 1998, Supervisor was charged 5,11.792 by thc County for par't~c~patmn ;n lhe ask management program. 9 (Continued) I ! I I I I I I ! i I '6A2 COLLIER COUNTY. FLORIDA SUPERVISOR OF EI.ECTIONS Notes to Financial Statements September 30. 1998 Under this program, the County provides coverage for up to $150,000 per claim for workers' compensatmn, and has purchased outside excess coverage for up to $1 million for employee liability claims and statulow limits for each injury or illness. Thc County also provides coverage for up to Sl00,000 per claim for auto and employee property damage claims, and has purchased outside excess coverage for up to $1 million per claim. Negligence claims in excess of the statutory limits scl in Section 768.20, Floridt~ .StatN&'3', which provide for limited sovereign immunity of $100,000/$200,000 per occurrence can only bc recovered through an act of the Slate Legislature. There have been no significant reductions in insurance coverage in thc last 5'ear. Settled claims have not exceeded commercial coverage m the last year. The County is also self-insured for health claims covenng all of its employees and their eligible dependents. The County provides coverage for up to $125,000 per claim and has purchased outside excess coverage for up to 51 million for each claim. As required by Section 112.081, Florida Statutes, retirees and their eligible'dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish rescr¥cs. 10 I ! I ! ! I I PO Box 3~002 St. Petecsburg. FL 33731-8902 PO. B<~ ~439 Tampa. FL 33601-;439 Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards l lonorable Mary Morgan. Supervisor of Elections Collier Count>'. Florida: We have audited thc financml statements of thc Collier County, Florida Supervisor of Elections as of and for the year ended Scptcmbcr 30, 1998. and have issued our report thereon dated October 30, 1998. We conducted our audit ~n accordance with generally accepted auditing standards and thc standards applicable to financial audits contained in Government Auditit~g Standards. issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Collier County, Florida Supervisor of Elections' financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts, ttowever, providing an opinion on compliance with lhose 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 are required to be reported under Government Auditit~g Standards Internal Control Over Financial Reporting In planning and performing our audit, we considered the Collier County, Florida Supervisor of Elections' internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on thc internal control over financial reporting. ()ur consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that mtsstalcmcnts in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees m thc normal course of performing lhcir assigned functions. We noted no mailers involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report ~s intended solely for the information and usc of thc Collier County, Florida Supervisor of Elections and federal awardme, agencies and pass-throueh, cnlitics, and is not intended to be and should not' be used by anyone other than these specified parties. October 30, 1998 II I I ! I ! I ! I I PO. Box 31002 SL Petersburg, FL 33731-8902 PO. Box 1439 Tan' 0a, FL 33601-1439 2 51anaRcment Letter tIonorable Mary Morgan. Supervisor of Elections Collier County, Florida: We have audited the financial statements of thc Collier County, Florida Supervisor of Elections as ot'and For the year ended September 30. 1998, and have issued our report thereon dated October 30, 1998. In planning and oerforming our audit of the financial statements of the Collier County, Florida Supervisor of Elections. we considered internal control' in order to determine our auditing procedures for the purpose of expressing our opinion on thc financial statements. An audit does not include examining the effectiveness of internal control and does not provide assurance on internal control. We have not considered internal con,'rol since thc date ofour report. A material weak~ess ~s a conditson in which the design or operation of the internal control components docs not reduce to a relatively low level the risk that errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in thc normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be material weaknesses under standards established by the American lnsmutc of Certified Public Accountants. llowcver, we noted no matters involving internal control anti its operation that we consider to be material weaknesses as defined above. We conducted our audit in accordance with gencrally accepted auditing standards and Government Auditittg Standards, issued by the Comptroller General of thc United States. Additionally, our audit was conducted in accordance with the provisions o r' (.'hapter 10.550, Rules of the ,4uditor Gencral, which govern the conduct of governmental audits performed m the State of Florida and require that certain items be addressed in thru letter. The Rules of the Auditor Gcneral require that we comment on whether irregularities reported or recommendations made ~ the preceding annual financial audit have been corrected. Thc following pr:or 3'car recommendation is~ as follows: i2 lmpres! Account The Supcr-,'~sor of Electrons presently has one checking account v.'h~ch ~s used for both general anti payroll- relalcd d~sbursemcms. It ,,,,'as recommended that a separate checking account be opened m handle all payroll checks and that this payroll bank account be mamtaincd on an ~mprest basis. With respect to the establishment oran ~mprcst payroll account, management docs not behove that at th~s time there would exist the requisite costs versus benefit relationship to ,.,,'arrant this change. Thc fact that only fourlccr~ employees. currently work for the Supcr-v~sor of Elections prevents this from being cost beneficial. As reqmred by thc Rules of the/luditor General, we dctermmcd that the Collier County. Florida's fiscal year 1998 annual financial report, which includes the financial infommtion of the Collier C'ounty, F'lorida Supervisor of. Elections. and which '.,,'as' filed with the Department of Banking and Finance pursuant to Section 218.32. Florida Statutes. ~s ~n agreement w~th thc audited financial statements for the same period. Further, as rcqmrcd by the Rttl~,x of the/fuditor Ge'nora[. thc scope of our audit included a review of pro,,'~smns of' Scctmn 218.503( 1 ). Florida Statute,Y, "Determination of Fmancial Emergency." In connection with our audit, nothing came to our attention lhat caused us to belie'.,e that the (Jollier County, Florida Supervisor of Elections met any comhtions ind~cat~','c of' a state of financial emergency as defined in that ,Section. Thc Rulex of the ,4uditor (;er~eral also require that we report on thc Colher County, Flor~da Supervisor of Elect~ons' legal authority or cnablmg act. In that regard, thc ('oilier County, Florida Supervisor of l£1ections was established by the Constilut~on of the State of Florida. Arliclc Vlll. Section I(d). This report is intended solely for the reformation and use of the Colhcr County, Florida Supervisor of Elections and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. October 30. 1998 I 13 I Dwlight E. Brock I I I County of Collier CLERK OF THE CIRCUIT COURT cou.~E~ COUNn' COU~T.OUS~ 3301 IAMIAMI T~AIL EAST RO BOX 413044 NAPI.£S. FLORIDA 34101 ..3044 March 23, 1999 Mr. Donald bi. Jones, Jr. KPMG LLP Barnett Tower, Suite 500 One Progress Plaza St. Petersburg. FL 33701 Dear Mr. Jones: \Vc havc reviewed your finn's Managcmcnt Letter rcgarding thc audit of thc Supcrvisor of Elections for the fiscal year crated September 30, 1998. In accordance with Chapter 10.550, Rules o£ttle Auditor General and Section 11.45 of tile Florida Statutes. your firnl's Management l.cttcr and response will be presented to thc Board of County Commissioners on April 13, 1999 along ,.,.'Jill tile presentation of the Comprehensive Annual Financial Report. Thc following is a response to thc Prior Year Recommendation listed in thc Management Letter: Management does not believe that at this time there exists the requisite cost versus benefit relationship to wan'ant a separate bank account for payroll disbursements. The fact that the Supervisor of Elections currently employs only fourteen people keeps a separate account from being cost beneficial. As such, a separate account has not been established. CIRCUII COURT COUNTY COURT COUNTY RECORDER CLEI~K BOARD OF COUNTY COMMISSIONERS 14 COLIAER COUNTY, FLORIDA TAX COLLECTOR FINANCIAl., STATEMENTS FOR TIlE FISCAL YEAR ENDED SEPTEMBER 30, 1998 TOGETilER WITII REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 6A2 COLLIER COUNTY, FLORI I)A TAX COLLEC'TOR Table of Contents Independent Auditors' Report on the Financial Statements Financial Statements: Combined Balance Sheet - Ail Fund Types and Account Group Statement of Revenues, Expenditures and Changes in Fund Balance - General Fund Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual - General Fund Notes to Financial Statements Page 1 2 3 4 5 -! Supplemental Information: Statement of Changes in Assets and Liabilities - Agency Funds Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government ,4uditing Standards 13 14 Management Letter 15 ! I I i PO Box 31002 St. Petersburg. FL 33731-8902 PO. Box ;439 Tampa. FL 33601-1,1.39 Independent Auditors' Report on the Financial Statements Honorable Guy L. Carlton. Tax Collcctor Collier County. Florida: We have audited the accompanying financial statements of the Collier County, Florida Tax Collector, as of and for the year ended September 30. 1998, as listed in the table of contents. 'I'hcse financial statements are the responsibility of thc Collier County, Florida Tax Collector's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit m accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Govern,nent Auditing Standar&, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. the Auditor General for Local Governmental Entity Audits. These financial statements are not intended to be a complete presentatmn of the financial position of Collier County. Florida, and the results of its operations and the cash flows of/ts proprietary fund types, in conformity w/th generally accepted accounting principles. In our opimon, the financial statements referred to above present fairly, m all malerial respects, the financial position of the Collier County. Flor/da Tax Collector, as of September 30, 1998, and thc results of its operations for the year teen ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards. wc have also issued our report dated October 30, 1998 on our consideration of the Collier County, Florida Tax Collector's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. Our audit was made for the purpose of forming an opinion on thc basic financial statements taken as a whole. The statement of changes in assets and liabilities for the agency funds is presented for purposes of additional analysis and is not a required part of lee basic financial slatements of thc Collier County, Florida Tax Collector. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. As discussed in note l(a) to the financial statements, the accompanying financial statements were prepared for the purpose of complying with Section II.45(3)(a)(4), Florida Statuw.¥ and Section 10.557(4), Rules of October 30, 1998 il COLLIER COUNTY, FI,ORiDA TAX COLLECTOR Combined Balance Sheet - All Fund lypcs and Account Group September 30, 1998 Assets Cash and cash equ~valcnts Accounts receivable Duc from other funds Amount to be provided for retirement of long-term obhgattons Total asscts and other dcbts Liabilities and Fund Balance Liabilities: Accounts payable and accrued I~abH~l~cs Duo to other funds Due to Collier County Florida Board of County Commlssioncrs Due to other governmental agencies Othe~ liabilitxes Obligations under capital leases Accrued compensated absences Total labilities Fund balance Total liabdittes and fund balance See accompanying notes IO financial stalernents Accnunt Group Governmental Flduclao' General Totals Fund Type Fund Type Long-Term (memorandmn General Agency Debt only) S 2.584,318 2,634,158 .-- 5.218.476 2.830 --- -- 2.830 47,337 2,468 -- 49,805 _ -- 456,280 456.280 $ 2.634,485 2.636,626 456.280 5.727.391 272.172 -- 272,172 49,805 -- 49,805 2.356,832 514,485 -- 2,871,317 277,653 1,726.356 -- 2,004,009 -- 73,808 -- 73,808 -- -- 125,581 125,581 -- ~ 330,699 330,699 2,634,485 2.636.626 456,280 5,727.391 2.634.485 2.636,626 456,280 5,727,391 I COLLIER COUNTY, FLORIDA TAX COLLECTOR Statcmcnt o[' Revenues. Expenditures and Changes in Fund Balance - General Fund For the year ended September 30, 1998 Re,,zeRues~ Commissions and [ccs Miscellaneous Total rc',,'cn LIC S Expenditures: ~;:~ General government: '~'Personal services Operating expenditures Capital outlay Debt service: Principal retIrement Interest Total expenditures Excess of revenues over expenditures Other financing sources (uses): Distribution of excess commissions to Collier County. Florida Board of County Commissioners Distribution of excess commissions to other taxing d~strlcts Total other financing uses Excess of revenues over expcndm~rcs and other financing uses Fund balance - beginning o£year Fund balance -cnd of year See accompanying notes to financial statements. 7,550.728 194.865 7,745.593 3,134,473 932,712 916.423 118,187 9.313 5.111.t08 2,634,485 (2,356,832) (277.653) (2,634.485) COLLIER COUNTY, FLORIDA TAX COLLECTOR Statements of Revenues, Expenditures and Changes In Fund Balance - Budget and Actual - General Fund For the year ended September 30, 1998 R e¥c1'1 ues: Commissions and fees Miscellaneous Total revenues Expenditures: General govcmment: Personal services Operating expenditures Capital outlay Debt service: Principal retirement Interest Total expenditures Excess of revenues over expenditures Other financing sources (uses): Distribution of excess commissions to the Collier County, Florida Board of County Commissioners Distribution of excess commissions to other taxing districts Budget Actual Variance favorable (unfavorable) 7,550,728 7,550,728 194.865 194,865 7.745.593 7,745.593 3,134.473 3,134,473 932.712 932,712 916 423 916,423 118.187 118,187 9.313 9,313 5.1ti.108 5,111,108 2.634.485 2,634,485 (2,356,832) (2,356,832) (277.653) (277,653) .I Tola] other financing uses Excess of revenues over expenditures and other financing uses Fund balance - beginning of year Fund balance - end of year See accompanying notes to financial statements. 4 (2,634.485) (2,634,485) ! I I COLLIER COUNTY, FLORIDA TAX COLLECTOR Notes 1o Financial Statements September 30, 1998 (1) Summary of Significant Accounting Policies and Practices (a) Reporting Entity The Collier County, Florida Tax Collector (Tax Collector) is an elected conslitutional officer as provided for by the Constitution of the State of Florida. Pursuant Io Chapter 129, Florida Statutes. the Tax Collector's budget is submitted to the Florida Department of Revenue for approval, and a copy is forwarded to thc Collier County, Florida Board of County Commissioners (Board). The financial statements presented include the general fund, agency funds, and thc general long- term debt account group of the Tax Collector's office. The accompanying financial statements were prepared for the purpose of complying with Section II.45(3)(a)(4), Florida Statutes, and Section 10.557(4), Rules of the Auditor General for Local Governmental Entity Audits, and arc not intended to be a complete presentation of the financial position of Collier County, Florida and the results of its operations and the cash flows of its proprietary, fund types in conformity with generally accepted accounting principles. The financial statements of the Tax Collector, as a constitutional officer, are included in the Collier County, Florida Comprehensive Annual Financial Report. (b) Measurement Focus, Basis of Accounting and Basis of Presentation The accounts of the Tax Collector are organized and operated on the basis of funds and an account group, each of which is considered a separate accounting entity. Each fund and account group is accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund balance, revenues and expenditures. Resources are allocated and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Thc Tax Collector has the following fund types and account group: Governmental Funds Governmental funds are accounted for using lhe flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are includc-d on the balance sheet. Operating statements for this fund present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The modified accrual basis of accounting is used by all governmental funds. 5 (Conlinued) ! COI,IA EP, C'OUNTY, FLORII)A TAX COLLECTOR Notes to Financial Statements September 30, 1998 Under the modified accrual basis of account,ng, revenues arc recognized '.'.'hen susceptible to accrual (i.e.. when they become measurable and available m finance 1,ab,lit,es of the current fiscal .'.'ear). Expenditures are recorded when the related fund habihty is ,ncurrcd. except for certain compensated absences, which are recogmzed when thc obhgatmns arc expected lo be liqmdated with expendable available financial resources. Interest ,ncome and other revenue are recogn,zed as the',' are earned and become measurable and available to pa.,,' l~abflmcs of the current period. /'7ortda Statutes provide that the amount by wh,ch revenues and operat,ng transfers exceed annual expenditures be remitted to the Colher Count.'.'. Florida Board of County Comm,ssmners ,mmed~ately following the fiscal year for which the funding ~.as provided or foilow,ng thc fiscal year dur, ng which other revenues were recognized. The amount of th:s distribution is recorded as a habfiity and as an other financing use m the accompanying finanoal statements. Florida Statutes further provide that the excess of revenues over expend,turcs held by thc Tax Collector be distributed to each governmental agency in the same propomon as lhe commissions and fees paid by cach governmental agency bear to total commission and fee revenues. The amount of this distribution is recorded as a liability and as an other financing use in thc accompanying financial statements. Capital outlays expended in general fund operations are recorded ,n the general fixed assets account group of the Board of County Comm,ssioners rather than ,n governmental funds of the Tax Collector. Governmental fund t?pcs include the general fund which is used to account for the general operations of the Tax Collector, and includes all transactmns which arc not accounted for m another fund or account group. These funds are used to account fl)r assets held by the 'Fax Collector in a truxtce capacity or as an agent for individuals, pr, rate organizations, other governments and other funds. Agency funds are custodial in nature (assets equal liabthtics), and do not ,nvolve measurement of results of operations or have a measurement focus. Agency funds are accounted for using the modified accru al basis of accounting. Account Groups The general long-term debt account group is used to account for all long-term obligations of the Tax Collector. 6 (Continued) COLLIER COUNTY, FLORIDA TAX COLLECTOR Notes to Financial Statements September 30, 1998 Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. (d) General Fi_red Assets The tangible personal property used by the 'Fax Collector is reported in the general fixed assets account group of the Board of County Commissioners. Upon acquisition, such assets are recorded as expenditures in the general fund of the Tax Collector, and arc capitalized at cost in the general fixed assets account group of the Board. The Tax Collector maintains custodial responsibility for the fixed assets used by the office. (e) Compensated A bsen ces All full-time employees of the Tax Collector are allowed to accumulate an unlimited number of' hours of unused sick time. Vacation time must be used during the year earned. Upon termmauon, employees receive 100 percent of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. 09 Property Taxes Taxes in Collier County arc levied by the Board and other taxing authorities. The millage levies are determined on the basis of estimates of revenue needs and the total taxable valuations within the jurisdiction of the Board and other taxing authorities. No aggregate ad valorem tax millage in excess of 10 mills on thc dollar can be levied by the Board of County Commissioners against property tn the County as specified in Florida Statutes 200.071. Each year the total taxable property valuation is established by the Collier County Property AppraIser, and the list of property assessments is submitted to the State Department of Revenue for approval. Taxes, assessed as of January I of each year, are due and payable on November 1 of each year or as soon thereafter as the assessment roll is opened for collection. Pursuant to Florida law. all ov,,'ners of property have the responsibility of ascertaining the amount due and paying it before April t of the year following the year in which the tax was assessed. (Conlinued) COLLIER COUNTY, FLORIDA TAX COLLECTOR Notes to Financial Statements September 30, 1998 I Chapter 197, Florida Statutes governs property tax collections: Current Taxes Ail property taxes become due and payable on November I, and are delinquent on April I of thc following year. Discounts are allowed for early payment of 4% in November, 3% in December, 2% in January, and I% for payment in February. Unpaid Taxes - Sale of Tax Certificates The Tax Collector advertises, as required by Florida Statutes, and sells tax certificates on all real property for unpaid taxes. The land is struck off the tax roll to the person who purchased the tax certificate. Certificates not sold ar(struck off to the County. The Tax Collector must receive payment before the certificates are delivered. Any person owning land upon which a tax certificate has been sold may redeem the tax certificate by paying the Tax Collector the face amount of the tax certificate plus interest and other costs. Tax Deeds Two years after the purchase of a tax certificate the owner may file an application for tax deed sale. The County, as a certificate owner, exercises similar procedures. Tax deeds are issued to the highest bidder for the property which is sold at public auction. The Clerk of the Circuit Court administers these sales. (g) Use of Estimates Management of the Tax Collector has made a number of estimates and assumptions relating to the reporting of assets and liabilities to prepare these financial statements in conformity with generally accepted accounting principles. Actual results could differ from those estimates. (h) Memorandum Only - Total Columns Total columns on the financial statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidatmn, lnterfund eliminations have not been made in the aggregation of this data. 8 (C.;ontinued) i I I I i I I [ ! ] ! i I I ! I ] COI.LIER COUNTY, FI,ORIDA TAX COl,LECTOR Notes to Financial Statements September 30. 1998 (2) Budgetary Process Florida Statute 129.03 governs thc preparation, adoption and administration of thc Tax Collector's annual budget. Thc Tax Collector submits a budget for the general fund to the Florida Department of Revenue for approval. Any subsequent amendments to the Tax Collector's total budget must be approved by the Florida Department of Revenue. A copy of the approved budget is provided to the Board of County Commissioners. The budget for the general fund is prepared on the modified accrual basis. Expenditures cannot legally exceed the total amount budgeted for each fund. All unencumbered appropriations lapse at year end. Thc level ofcontrot for appropriations ~s exercised at thc fired lcvcl. (3) Cash and Cash Equivalents Florida Statutes authorize the ]'ax Collector to invest in the l.ocal Government Surplus Funds Trust Fund administered by the State Board of Administration, obligations of the U.S. Treasury and U.S. Agencies, and interest-bearing time deposits and savings accounts held in federal or statc-charlercd banks and savings and loan associations doing business in Florida, provided that such deposits are secured by collateral as may be prescribed. Additionally, Florida Statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits Act. The pool is administered by the State Treasurer, who may make additional assessments to ensure that no public funds will be lost. At September 30, 1998, the Tax Collector's deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions arc obligated to reimburse the governmental entity for the loss. Thc total bank balances and book balances were $4,824,534 and $5,211,876, respectively, at September 30, 1998. Cash on hand at year end was $6,600. Thc bank and book balances at September 30, 1998 of thc Tax Collector includes ovcrnight repurchase agreements in the amount of $1,175,000. 'lq~e repurchase agreements are uninsured and unregistered, and are cotla~cralized by securities held by a third-party financial institution in the name of the qualified public depository and the Tax Collector. The repurchase agreements arc carried at cost, which approximates fair value. 9 (Continued) I COLI,IER COUNTY, FLORIDA TAX COLLECTOR i Notes to Financial Statements September 30.1998 2 I I i I I I I I I ! I I (4) Long-Term Obligations The following is a summary, of changes in general long-term obligations: October 1, 1997 Additions Retirements September 30, 1998 Capital lease obligation 5; 243,768 -- 118.187 125,581 Accrued compensated absences 334,915 10.802 15,018 330,699 $ 578,683 10.802 133,205 456.280 The 6% capital lease obligatmn ~s payable to a corporatmn, antl collateralized by data processing equipment. The final nstallment of $127,500 (including interest of $1,919) is due in fiscal 1999. (5) Employee Retirement Plans Substantially all full-time employees of the Tax Collector are eligible to participate in the State of Florida Retirement System ("System'), a cost-sharing nmltiplc-cmph~ycr defined benefit plan administered by the State of Florida, Division of Retirement. Thc primary system is a defined benefit plan for all state, and pamcipating county, district school board, community college and university employees. Employees who retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of age. arc entitled to a retirement benefit, payable monthly for life, equal to 1.6% for each year of credited service times the average final compcnsatmn. Final average compensation is thc employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. Thc System also provides death and disability benefits. Benefits are established by Chapter 121, ?lorida Statutes and Chapter 22B. Florida Administrative Code. The System publishes an unaudited annual rcpor! that provides ten-year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. The most recent available report is for the plan year ended June 30, 1998. ]'his report may be oblained by writing 1o Research Education and Policy Section, 2639E Norlh Monroe Street, Taltahassce, Florida 32399-1560, or by calling (850)488-1560, or by calling (850) 488-5706, or accessing their Interact site at wv.'w.dos.state.fl.us/fgils/retircmcnt. 1 I 0 (Continued) I I I i I I i I I I I I I i i ! i (6) ('()I,I,IER C()!!N'I'Y, FI,()RII)A TAX C()LI,ECTOR Notes to Financial Statements September 30, 1998 Thc Deferred Retirement ()ptton Program (DROP) is a program that provides an alternatp.'c method for payment of rcurement benefits for a specified and limtted period for members of thc System, effective July 1. 1998. finder lhts program, the employee may rettrc and have their benefits accumulate in the Florida Retirement System '['rust Fund, earning interest, while continuing lo work lbr a system employer. Thc participation m the program does not change conditions of employment. When the DROP period ends, maxtmum of 60 months, employment taus! be terminated. At the time of tcmunation of employment, thc employee ',,,'ill rcccive payment of thc accumulated l)ROf bcnefils, and begin recmvlng their monthly retirement benefit (in thc same amount determined nt retirement, pitts annual cost-of-living increases). Thc Tax Collector Ts reqmrcd to contribute an actuarlally detemlmed rate. Thc current rate is approximately 18% of annual cnvered payroll. The contribution rcqmrcments of the Tax Collector are established and may be amended by the State of Florida. T'hc 'Fax Collector contributions to the plans for the years ending September 30, 1998. 1997 and 1996 were 5397.444. $378.891 and $364,097 respectively, equal to the required contributions for each year. Related Party Transactions The P, oard paid commissmns lo thc Tax Collector that amounted to 5,5.033,672. At September 30, 1998. the Tax Collector had a payable due to thc Board of County Commissioners of 52.871,317 comprtscd as Collows: Dtstrlbution of excess lbcs and commissmns Agency funds duc to thc Board Total due to Board ~fCounty (7ommissloncrs 2.356,832 514.485 $ 2.g71.317 (7) Risk Management 'I-}lc County ss cxp,):qcd it/ var]ous risks of loss. Inclmt:ng general liahiltty, health and life, properly and casualty, auto and physicai damage, and workers' compensation. ,\ self-insurance internal service fund is maintained by thc County to admimstcr insurance activtltcs rclaling to workers compensation, health, and property and casualty, which covers general property, auto. public official which includes employment practices liabihtics, and crime liabihties. Thc Tax Collector participates iT1 thc County's self-insurance program. During thc year ended September 30. 1998, the 'Fax Collector was charged 5292,385 by thc County for pamclpation in thc risk manag.,zment program. 11 (Continued) 2 i I i I ! I I I I C()I,I,IER CO[~NTY, FI,ORiI)A TAX COI,I,ECTOR Notes to Financial Statements September 30. 1998 Under this pr,gram, thc ('m,nty provides coverage for up to $150.(}00 per claun I'{~r workers' compensation, and has purchased outside excess coverage fi~r up m Sl million t'(~r employer hability claims and statutory linnts for each injury or illness. Thc County also provides coverage fi~r up to $100.000 per claim fi~r auto and employee property damage clmms, and has purchased oulsidc excess coverage for up to $1 milhon per claim. Ncgltgence claims m cxccss of the statutory limits set tn Scctmn 768.20. Florida ,~tatutc'$. v;hlch provide for limned sovereign immumty of $10{L000/$200,000 per occurrence can only bc recovered through an act o£ the State Legislalure. 'lhcre have been no significant reductions in insurance coverage m the last ,'.'ear. Scnlcd cla,ns have not exceeded commercial coverage in thc last year. Thc County Is also self-insured for health clam~s covcnng all of its employees ami their chg~blc dcpendcnts. Thc County provldcs cnvcragc for up to S125.000 per clam~ and has purchased outsidc cxccss coverage for up to SI rnlllmn for cach claim. As rcqmrcd by Scchon 112.081,1.7oritht Statutes. retirees and thcir clig~blc dcpcndcnts arc provided the same hcalth care covcragc as is offered to activc employees at the samc premium cost (borne by thc rctlrcc) applicablc to actr.'c employees. An actuarial valuation ~s pcrfimncd each year to csm'natc thc amounts needed lo pay prior anti fult~r¢ claims and to cstablish rcscrvcs. 12 I I I I ! I I I I ! I I I I I I I COLLIER COUNTY. FLORIDA TAX COLLECTOR S~atement of Changes in Assets and Liabilmes Agency Funds For the year ended September .30, 1998 Total- All Affency Funds Assets: Cash and cash equivalents Invcstmcnt.s w~th trustcc Accounts receivable Duc from other funds Llabflmcs Accounts payable and accrued haMhtms Duc to other funds Due to Collier County. Florida Board of County Commissioners Due to other governmental agencies Deferred compensation payable Other liabilities Balance September 30, 1997 Additions Deductions Balance September 2.986,269 339.692.376 340.U44,487 2.634.158 1.005,793 - 1.005,793 -~- 895 -- 895 --- 6,889 2::108 fi,gg() 2.468 341,058,064 3.999,8.16 339.694,84.1 2,636,626 (M 5.564 10.354.983 10,728.375 272,172 56.332 7.260.469 7.266,996 49,805 495,769 100,637,935 100.619,219 514,485 1.753,637 225,135,354 225,162,635 1,726.356 1.005,793 -- 1,005.793 ~ 42,751 31.057 -- 73,808 344.783,018 3.999,846 343,419.798 13 2,636,626 I I F~O. Bc,z 31002 St. Petersburg. FL 33731-8902 RO, Box 1439 Tampa. FL 3360'i-1439 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 Go~'ernment Auditing Standards Honorable Guy L. Carlton, Tax Collector Collier County, Florida: We have audited the financial statements of the Collier County, Florida Tax Collector as of and for thc year ended September 30, 1998, and have issued our report thereon dated October 30, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards. issued by the Comptroller General of the United States. ! I I Compliance As part of obtaining reasonable assurance about whether the Collier County, Florida Tax Collector's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with ~vhich could have a direct and material effect on the determination of financial statement amounts. }[owcver, 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 are required to be reported under (;overnment Auditing Standardx. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Collier County, Florida Tax Collector's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audi!ed may occur and not be detected within a timely period by employees in the normal course of performing their assigned funcuons. We noted no matters involving thc internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the Collier Count,./, Florida 'Fax Collector and federal awarding agencies and pass-through entities, and is not intended and should not be used by anyone other than these specified parties. I I October 30, 1998 14 I I I I I I I I I I I ! I i ! ! 1 :7¸ F?O Box 31002 St. Petersburg, FL 33731-8902 RQ Box 1439 Tampa, FL 33601-1439 6A Management Letter llonorablc Guy L. Carlton, Tax Collector Collier County, Florida: We have audited the financial statements of the Collier County, Florida '[ax Collector, as of and for the )'ear ended September 30, 1998, and have issued our report thereon dated October 30, 1998. In planning and performing our audit of the financial statements of the Collier County, Florida Tax Collector, we considered internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. An audit does not include examining the effectiveness of internal control and does not provide assurance on internal control. We have not considered internal control since the date of our report. A material weakness is a condition in which the design or operation of the internal control components does not reduce to a relatively Iow level the risk lhat errors or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters tn internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. However, we noted no matters involving internal control and its operation lhat we consider to be material weaknesses as defined above. We conducted our audit in accordance w/th generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by thc Comptroller General of the United States. Additionally, our audit ',,,'as conducted in accordance with the provisions of Chapter 10.550, Ru[e.s' of the Auditor General, which govern the conduct of governmental audits performed in thc State of Florida and require that certain items be addressed in this letter. Thc Ruler of the Auditor General require that wc comment on whether irregularities reported or recommendations made in thc preceding annual financml audit have been corrected. All prior year recommendations have been implemented. The following current 3'ear recommendations were identified during the annual financial audit: 15 I I I I I I I I I I i ! 2 The Tax Collector maintains fil'tccn separate bank accounts. "Convenience" checking accounts are opened and maintained near each satellite location for ease of dcposmng thc day's collections by lhc satellite manager. Transfers from these accounts are made on a periodic basis in performance of the Tax Collector's constitutional responsibility. Each account must be reconciled on a monthly basis. We recommend that the Tax Collector consider closing several of the convenience accounts. Daily deposits could be made by an armored car service. The usc of a service would reduce the number of accounts maintained and the time spent by the finance division to maintain them. A reduction in the number of accounts would also reduce time spent by the finance division preparing periodic transfers out of the convenience accounts lo the Tax Collector's operating accounts. The Tax Collector invesls funds received from tax collections in certificates of dcposil. Certificates of deposit are purchased as soon as sufficient operating cash is deposited in the general fund checking account. We recommend that the 'Fax Collector consider investing tax collections with the State Board of Administration (SBA). The SBA works as a money market fund and has historically paid a higher rate of return that Certificate of Deposits issued by financial institutions. As required by thc Rules of the ,luditor General, we determined that thc Collier County, Florida's fiscal year 1998 annual financial report, which includes thc financial information of the Collier Cot, nty. Florida Tax Collector, and which was filed with the Departmcnt of Banking and Finance pursuant to Section 218.32, Florida Statutes, Is in agreement with the audited financial statements for the same period. Further, as required by the Rules of tile/Iuditor Ger~eral. thc scope of our audit included a rcvmw of thc provisions of Section 218.503(1 ), Florida Statutes, "Determination of Financial Emergency." [n conncclion with our audit, nothing came to our attention that caused us to believe that the Collier County, Florida Tax Collector met any conditions indicative ora state of financial emergency as defined in that Section. 'Fne Rules of the .4uditor General also require that we rcport on the Collier County, Florida Tax Collector's legal authority, or enabling act. In that regard, the Collier County. Florida 'Fax Collector was established by the Constitution of the State of Florida, Article VIII, Section t(d). This report is intended solely for the information and usc of the Collier County, Florida Tax Collector and the Auditor General of thc State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. October 30, 1998 16 i COLLIER C. OUI'(~'~' TAX C.,O~LECTO~ I February 1 O, 1999 I I I KPMG Peat Marwick, LLP I Progress Plaza, Suite 500 St. Petersburg, FL 33701 Attention: Donald M. Jones, Jr., CPA Subject: Audit Recommendations for Fiscal Year 1997-1998 i I Dear Mr. Jones: In reply to your recommendations to the Tax Collector's Office for the fiscal year ended September 30, 1998, I offer the following comments: ! i ! I. Closing of"conveulence" checking account~ I agree that we should consider the efficiency ofmainta/ning the~e accounts as opposed to h/ting an armored car service to transport daily deposits. However, we have a small branch operation located in one of the institutions in which we have a convenience account. We are not charged for this space or for utilities, and we have to weigh what the impact of closing the account would have on om' rapport with this institution. I Also, another account is located in a locally owned bank' that is close to a branch operation in a remote area of Collier County. We do not see a benefit at this time in closing the account and paying an armored car service to drive the distance to our office in order to pick up its detm$its. Investing idle funds with the State Board of AdminlstraUon ! believe it is in the best interests of the taxpayers of Collier County that I go out to bid when investing idle funds. Although the State Board of Administration has COURTHOUSE-BLDG. C-$ ' NAPLES. FI. OFIIOA 341124997 .! 2 KPMG Peat Marwick, LLP February 10, ! 999 Page Two historically paid a higher ~er of r~tu~, it is not significantly higher than the rate we have received from pu.r~ha.~g certificates of deposit through the bid process. Your comments have merit, and we will continue to r~view our procedur~ and implement your recommenda6o~ as appropriate, in order to meet the demands of this office and the aeeds ofthe people of Colller County. Sincerely, Guy L. ~lton ' Collier County Tax ColleCtor II II I I [] i !1 In nl nl in [] · m l l [] I m · l m m mn [] [] Im Im [] m In suo!ll!~ [] [] [] In II [] n In In nl [] In ni nl [] · [] n I. [] m m [] In In !] I [] lU nl m [] --- :> suo!ll!~ ~'6A Z In [] In II [] ~ X mm o~ [] m [] [] [] u~ 0 to 0 u') 0 suo!ll!~ -~ 0 o-~ }-- > C: c- C: 0 0 0 0 C: C: C: C: ~ 0 0 0 0~ E E E Ei mm mm ~m u~ 0 u3 0 ,-- ~.- suo!ll!i~ u c c c 0 0 0 E~ ~ c c c ~ 0 0 0 0 0 0 [] m Im n m m m m m m m mm m m im m m m suo)ll!~ m m m m mm m mm m mm m [] mm mm m m m mm mm mm m suo!ll!~ 6A (7) -~ 0 ~ rtZ m II in !1 [I m II ,n In [] in in n m m m m m m m mm mm mm m m m m m ~m mm m m m~ [] m 6A2 m m IJ m m m m m mm mm iJ lm m mm mm m 0 m m m [] Im m m mm m ~m m m m ow v 6A2TM m m m m m m mm ~ mmmmmm 0 0 z 0 z [6A 2 m I m~ · · · II C r- > CB c~ .E6'- E O ~ "- o O_ > ~ LEO ~c 0 ,o < o o c cm E o "-' O ~ '~ O C~ '~ oCO0 rq~ - o o m m ~ 2-- E E E ~0 0 8A3 RI:.SOI.UTION ('RI!..VI'ING TIll! COMI'RI!tlI:NSIVI! PLAN STANDAR[')S ..\D It()C COMM I'I'Tt~I-~ TO f,~l{\.'l EW CI.USTI:'RING AND N.,\TLiRAI. RI~SOLTRCI! PI{OTI!('TI()N .'-;TANDA [~DS \Vl tf!I,tF...\.'q, ibc Bo;mi of (.'tmmv (.'ommissioncrs ;~t a xxorksht~l~ ~m Mm'ch 19, dcsircd to crcatc an ad hoc committee to rCCOllllllclld clustering and natural resource prt~tcclion standards: mid WIIt~RI~AS. [m April 13. 1999. thc Board of ('nuntx ('mnmissitmcrs appoinlcd nlcmJ~crs to scrxc {~i1 this ad hoc colllmJllcc lo lllakc lJlcSC rccommcndalJons: and WIIEI~[LXS. these rccomnmcmhuions xxill bc prcscmcd t(, thc Iloard oJ' County Commissioners l~)r considcrmit)n as settlement lanMuagc x~ilh thc [)cp;~rtmcnt {,1' ('mnmunity A fil~iirs ( DCA): and WHEREAS, thc required timcfframc or tl~c proposed settlement agrccment language is relatively shem i.e.. bctxvccn 45 ;tnd 6(I CO.MMISSIONEI{5 OF C'OL[.ll:I{ ('()UNTV. FI.OIilI)A. that: I. 'I hc ('omprchcnsi~c Phm Standards Ad l loc ('ommillcc is hereby cslal~lishcd as an ad hoc commiltcc, thc flmctiQns [~l'which arc as follows; a) To recommend clustering and nalural rcsourcc protcclion slamh~rds fi~r proposcd rur:~l fringc, urh~m ;md urbiH1 I?ingc arc;~s; bi To rcom~mcnd tm~p,)scd selllcmC~ll hmgu;l~C I~ IllC{)q~l'illc lhcsc Slillidards illlo thc County's (iron, Ih ~ l;mitgcmcnt Plan. 2. Thc Coml, rchcnsJx,c Plum Slaml:mls ('tlllllllillc, C sh:~ll be t',llllposcd Of thc IblloWing lllClllbcrs; \\'i?m ,,\mold Dakid Bryant Tim Ihmcock Reid .l;.!.rvc v .Io¢ McMackin Ray Pcllcticr .Clyde Quinby .Icffrcv Walls Whit Ward Richard Yovanovich 8A3 3. Thc Comprclmnsivc Plan Standards Commit:ce shall bc csmblishcd lbr thc duration of developing appropriate language Ibr a proposed settlement agreement wid~ DCA or for a term ofonc ( I } year. whichever is less. This Rcsolution adopted ;,lief motion, sccond and ma ority vote DATED: April 13. 1999 AT'FL:ST: · D\VIGIIT E. BP, OC..~., C].EP, K ,~ttest a~ to Approvcd as to fom~ ami lcsal sufl3cicncy: [IOAR. I) OF COUNTY ('O,Xl*l {SSIONI':P,S CO[A.IEI{ COLIN'I'5'. FI.OP, II)A David '¢/cigcl, Counts: Atto~dy RESOLUTION NO. 9% 203 ,\ RESOI.UI'ION ESTABI.1SilING A SI<I.E(TF COMMITTEI< FOR TIlE PURPOSE OF I)E\'EI.OPIN(-; A COMPREIIENSIVE URBAN/RUR:\I, DESIGN MASTER PI,.,\N FOR COI,IAER COUNTY AND APPOINTIN(; ITS ME,MBERS \VItEREAS. Thc Greater Naples Civic Association, building on the FoCus (Future of Coliier bv us} Community Visioning project, petitioned the Board of County Commissioners on March O. 1999 io establish a Select Committee on Community Character and Design (Select. Commiuec): and WHEREAS; on April 13. 1999. the Board of County Commissioucrs did create the ad hoc Select Committee on Community Character and Design; and WI tEREAS, thc Select Committee is charged wilh assisting in thc development of a Request Ibr Proposals {RFP) for consulting sen'ices for Ihe development of a comprehensive Urban/Rural Design Maslcr Plan For Collier Coumy: and W1 {EREAS. thc Select Committee is charged with ovcrsccing thc dcvclopment of this plan. NOW. TltEREFORE. BE IT RESOLVED BY TltE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA, that: 1. Thc Select Committee on Community Character and Design is hereby established as an ad hoc committee, thc functions of which are as tbllows: a. To oversee thc development or comprehensive t,rban,'rural design master plan which address Ibc following: I. ldcnti~'ing measurable goals for thc acquisition of urban area grccnspacc, including Iocationai priorities and funding oplions; II. Developing character and design standards fi~r Ibc overall road way system in a manner which rclicvcs congestion ami inc(~rporatcs community character and design standards: Ill. Developing comprehensive 8trcctscapc characlor and design standards tBr: transporlalion infrastrtlcturc stlch as grade scparalcd intersections amt typical cross section designs: grccnways and non-motorized lransporlalion fitcilitics; landscape median and row edge trcatmems; IX,,'. Integrating the development of the comprehensive community character and design plan wilh ongoing cffo~s including, bul not limited to: the [mmokalec Main Street program and development of an Imnlokalcc Zoning Overlay: thc Gatcway-Bayshore Redevelopment Plan; transportation planning. waffle calming and pedestrian and bicycle palhxvay enhancements; and rural fringe and rural area standards. 2. The Select Committee on Community Character and Design shall composed of thc following members: Sally Barker Gall Boorman [.aura [~ LIr~:c Michad Davis David Gu~gcnhchn Timothy I hmcock Samuel Joe McHams Jeff Jim Ridcoutte Tc~i Tragesscr Susan Watls 3. Thc Select Commitlcc established for thc duration of developing a comprehensive urban/rural design master plan or IBr a Icm~ ofonc (I} year. whichever is less. This Resolution adopted after motion, second ;,r~(t nh~jority vole favoring same. DATED: April 13. 199') ATTEST: DWIGfIT E. BROCK, ('lcrk Attest as to Chsl~an's Approvcd as Io fom~ legal sufficiency: David C. Wcigel. County At.ney IIO,,\RI) OF ('OUN'I"~' ('OMMISSIONI!RS COLI.I I!R COl iN'fY. FI.ORII)A CONSTI~,UCTION, M,,\IN'I'I,~NANCE A,NI) I,;SCR()\V :\(;I~.EEMI,;NT FOR SUBI)IVISi()N I,MI'ROVEMENTS Tills CONSTRU('TI()N. NI,,\INT[!NAN('IL AND ES('R()\V AGR[51.;MI£NT. FOR SUBDIVISION INIPI~,OVEMI!NTS AGREE, IEN I entered into thls/_~ day of 1999. hv OLDF. ('YPRESS DF~V[:,I,OPMEN'F. LTl').. a Florida l~imitcd Partncrshij2, by OIJ)E CYPRESS DEVEI.OPMENT ('ORPORATION. ils General Partncr.(hereinafter Dcvcl~lcr ). the Board of Cotmtv Commissioners of (.'oilier County. Florida. (hereinafter the "Board") and QUARLES & BR,,kD'~'. (hereinafter "Escrow Agora"). PREMISES l)cvclopcr has. simultal~Couslv with thc delivery of this .,\grccnlcnt. applied t'm' tile approval hv thc Board (~l'ccrtain plal ol'suhdivision "()i~I)l:. ('VPRiL'qS. UNIT ONE" Thc sttbdix'isioi~ will include certain improvements which arc required hy Collier ('ounly ordinances, ;ts set l}~l'lll in a silo construction cost estimate ("I!slimalc") pr(pared hy I1()I.[!. XI¢)N'I'[!5:, .,\NI) .,\5;,";()¢'IATILS. IN('.. a copy of Milch is aIlachcd hcr,..m~ an~ incorporated It(rein as J:.xhihit i. For pLirposes of lhis ,'\grcelllCBt., lhc "l,~.cquircd lmprovclncnts" arc Jimitcd Io lhosc described in thc iLstimalc. C' · :...6.).() and 3.2.{).1 of thc Collier County ,";ubdivision Code Division ol' the Land Development Code requires thc Developer to provide approl~rialc guarantees fi~r thc construction and maintenance oF the Required hnprovcmcnts. Escrow Agent has entered into a construction and development Escrow Agreement with Developer daled __ _~_/1.5/_22 .......... . (thc I:scrox ed Funds") in iht mno{lnl .f S 1.2{)4.2(}5 7( I)cvclol~cr aim the Board have 'acknmvlcdgcd lha! thc :tmmml [)cvch~pcr is rctp~ircd h~ _ _Z__TJ ...... · guarantee pursuant to tl~is Agreement is $ 1.a()4,~ )5.7t und fins amount represents I of thc I)cx'cl,.q,cr's cng~nccrs estimate of thc conslruclion cosls tbr lhc Required Improvements. NOW TI II!REFORI!. in considcrali(m of tile Ibt'c?~ng prcn~iscs ami nummi covenants hereinafter set thrill. I)cvclopcr. ih( Board and Iht J!scroxv .\~_,¢nl do hereby covenant and a..grc¢ I)cvchq,cr will cause linc xxatci', scv.'cr, rouds, drain;Lt!c and i~kc lhcilitics, tim Required Jlllprovclllc~l[s. h~ J)(: (,instructed pursuant Io spcciJ]catl~ms that have J)cell approved by thc Development Scrx'~ccs [)~rcclnr within .__.~(~ .... lll{)lllh; frolll thc date of uppToval or said subdivision plat. o V~.~lldS. ill cscro,.v, i'~irst~:~lll t(~ tile terms oFlhis l:.scrox~' ..\gcl~t ;~grccs to hotd il~ escrows 1.2()4.21)5.7(. t'i'~tl Ibc l.:scr{~wcd l:tmds I~ l~e disbursed o~ll3' l~t~rsttant It) Ibis 2\grccmc~t. Thc escrowed I'ui'~tls shall I'>c rclc;~scd lo tile Dcvcl~)l~cr oill.v t~l~O~ writlc~ ~l~l~rt~x.;tl ~1' thc Dcvclol~c~t Services I)ircctor xvht~ shrill =~l~provc Ibc I'cJcilsc l)irccl~r shilIl ;tl~l~l'ovc lbo t'clcilsc o1' illlV rc;~i~it~tlcr t~l' csct't~xvcd cxtc~t ,~I'5 1~)').473.25 xvl~ich shilll rcm:ti~ m escrow :Is :t Developer gt~ar=t~l5. ~1' m;ti~tc~it~cc t~I' thc I~ctlt~it'ed lml~rovcmc~ls lk~r ~t mi~imt~m l~criod pt,rsu~t~t lo l>~,r~tgra{~l~ t~, ,~I' thc ~grccmc~t. }towovcr. i~ Ibc cx'c~t lh~tt l)ovelol~er sh;~ll 13~il to comply with lbo rotlt~ircme~ts oF Ibis Agrecmc~t, tho~m thc l]scrow Agc~l ~g~'ccs }~i~>' to thc ('ot~t5' i~t~ctliitloIv t~{~ clot~tzmd thc h;tlttt~ce ~l' lbo Ft~(Is held i~ escrow hv the [(scrow .,Xgcl~t. :ts ~l' thc ti;lie oj' the dcmalltl, provided lB;il t~potl paylllelll hi~lii~lce to IJ~c ('ott~lx'. lbo (',~tllllV will hitvc cxcctttctl it~tl dclivc~'ed lo lilt Ifscrow Agc~l iT~ cxch;ir~gc tier' stlch l'lllld~i it Sl;IICIllCIll IO hC SJgllCd Nv Ibc l)cxclc~l~Tl~Cl~l Ncr'vices l)cvclol~cr I'()r m~rc that sixly (()()) d;t,.'s i~l'Icr /~,'l'lllOI1 ~lotil'}ct:liO~l ()1' stlch t';~il~irc h;~s l';lilcd to c't~l~li~l3' xi Jlb Ibc rCtl:liz'cmcllts ~I'lhis Agrcc~llc~l: tile ('t~t,i~t.v. or its ;itHhoi'izcd agcIlt, ivill t:o:~lploto thc xx'ork c;tllcd I'or trader Ibc tel'IllS c)l't]lC ;tl")('>\'C-lllCIIti(')llCd C(')Illl';ICl (')I' II'ill c(')lllj")lctc 51\ich p(.')l'li()ll (')f'stlch w(')l'k ;~s Ibc ('(~t~ll\'. i~ ~ls stoic <lisc~'ctio~. sh;,l{ (Icc!il l~cccss;~)'\' ill l]lc pt~l)lic i:llcrt'.sl ltl (c Ibc cscl'~,.' ]'tHlcls ~lI';~,.k'll (tt)',','l) I')v thc ('~tltlt,.' '~l)~ll be t~sctl li~)' co)lslr:~cli¢'):l ()1' Ibc [",Ctltlirod [llll')r(')I'C'lllCllt.'.;, ctlgi~tCCI'illg, lug;:l ~l~tl c~)l~tiI~gcHl coz;ts ;t:~tl ;~l~l l(~ (>f'l~ct ;~)~\' d;~H1;~gcs, cil]lcr (lircct (); (..'(,ilsctltlclllJill. \/'hicJl ih(2 (.'t)lllltV ;ibox'C-lllCl'ltiOllCd dc/'cJt~F)lllOlll \i'Ol'k: ;:lid. thc ('(~t~llt\' will )',)'(~)lll')tl.v )'Op;I.V t()tile f'i,lcro/x' ,'\gClll ;lily l')ortioi~ of Ibc /'~)~ds (.Jl'iI~,~.'I1 d(.')IV)l ;111(.1 II(~l cxl~¢lldud ill C(~lll~lcti()ll Of tile s;:Jd dc'.'cl(')pmc~lt work. %Vrltto)~ ~molioc t,~ thc l!scr(~(v .,\ge~ll bt thc (.'t)tlIll>' spccil3.:))g lvlt;.~t ;tm(~tmts arc i~ he i~i~itl to lhe I)cx'clt)i)cr sh:~l{ c())~slilt~Ic at)thorix;~tio~ I)y thc (',~tmm~ty Io thc Escr,)xv Agcnl For rcle:~se of Ibc sl~ccilSctl l't~t}ds Io thc Devclot~cr. [)~}'Hlc)lt By thc l!scrow Agct~l It) the l)cvclol~cr ~1' ll~c ;t~l(,tx~l~ sl>c't'ilScd i~ :~ loller of ;~t~lh~rix~tio~ I~y I1~c ('otltll3, Io Ibc Escrow ,,\~¢nl shall o.'mxlimlc a r'cl,,.'i~xc bv Iht (',,mrltv and I)cvclopcr ,nf Ibc l{xcrcn, v ..\?.'rtl l'~r Ih,..' funds ,.lJ,;l',urscd in iJcc,.',rd:u/c¢ ,.~.Jlh Iht loller ,of aulhorb, alior~ fronl Ibc ( 'o1.111l v. 10. Thc rctlUircd ~ml'U-,wcmcn~s shall m~t bc conxJdcroJ complete unlil a slalclllClll of stIt'~sl;mthd complctic, n I',v [)cvclol'~cr's engineer along x,.'itl'~ thc Iinal pro.jccl records have bccn furnished 1o bc rcvicwcd ami approved by thc I)cvclol-m'~cnt Services Dircclor for comt',liancc ',,.'ilh thc Cc, llicr ('ountv Subdivision Rc~ulations. 'File l)cvclopn~cnl Services Director shall, within sixty (6(0 days of receipt of Ibc statement of substantial 'completion, either: a) nolil~, Ibc Developer in writing ol' his preliminary approval o1' thc improvements: or b) notify tl~c l)cvclopcr in wriling of Ihis refusal lo approve thc iml)rOVCmcnls. IJlcFcwil}l specifying Ihosc comlilions which l)cvoloper nlusl 1~111511 in order Io obtain lho l)irccmr of thc Required Improvcmcnls. t lowcvcr, in no cvcnl shall Iht l)cvclolm~Ont Services l)ircclor rcfi~sc prclimina~, approval ol'lhc improvcmcnls i flhov arc in I~tct conslruclcd ami submillcd fi~r approval accordance xvJlh Ibc requirements ol'this ,,Xgrcemcm. Shc, uhl thc funds held in cscm',v be insul'licicnt lo con'~plctc Ibc I",cquircd Imprm,'cmcms. thc Board. ;iflcr ~lulv c,msidcring Ibc public inlcrcsl, mav al its option com{')lclc Iht Required {llljM'OVClllCllts :llltl FCSOl'l I~1 ill1,,' illld ;ill lc'gill ICmCdiCs ;Igilii1st lilt l)cvclopcr. Nc, thing in ll',is ..\grccmcnl shall Illakc I}1¢ liscmv,' ,.\gclll liable lilt-aiD,' fumls olhcr limn lhoso placed in dq>osil by Ibc Developer in accordance with tho foregoing provision; provided, dml Ibc l'Jscmw ,,Xgcnl docs m~t release any tunnies m lhc l)cvclopcr o,' lo any other person except as smte~i i{1 this Escrow Agreement. Tile Dcvclopcr simil :;xfi,xain all Required Improvements lbr one year after prclimina~ approvaI bvlhc I)cvclopmcnl Scrviccs I)ircclor...XIicr thc oneycar maintenance period by thc I)cvclopcr ami upon submission o1' a wrillcn rcqucsl ~)r inspection. Iht [)cvclolm~Cnt Scrviccs I)irccmr shall inspccl Ibc Required Impmvcmcnts and. if Ibumt lo bc slill in compliance with 1he ('odg as rcllcclcd hv 15hal apl~roval by lite Boar~l. Iht Escrow Agcnl's responsibility Io Ibc [Jo;u'd tllldCr Ihis Aur'ccmcnl is Icrminalcd. 'li~c developer's l'csponsibiljty Ibr maintenance r~l' thc Required' Improvcmcnls shall continue unless or unlil thc [~oard acccpls maintc,mncc rcsponsihility fbr ami by Iht County. Il. .,\II oflhc Icrnls. Ibc Dcvch',pcr ',ind I{scr'c,v..,\gent. Ibc rcspcclivc $ cccs:-;ors and assiBru.; of Iht I)c','clcT~cr and l!scrow IN \VH'NI!SS \VItERFOF. the Board and Dcvcloper ami the Escrow Agent have caused Ibis At~reement to be executed bv their duly aulhorized represcnlalives lhis ./,~,:mt.,_ day of ~ 1 999. Prin! .or Type Name Print or l'ype Name l) E\'I':I,O i'EI~,: 01.I)I5 CYPRF. SS I)I?.VI:LOt'M I!NT, I.TD., a Florida l.imilcd Parmcrship I3,5': OI.DI: CYPRESS DEVEI.OI'MF. NT CORPORATION, its .C(epF.ral l'artncr ," / / ' , Paul Hardy, l'rcsidcnt / / ESCROW' G ' BY: .. ,L ,,_ _.__~ I.eo J, Salvatori, General Partner of Qunrle,q & Brady ,'\ttcst: DwightE Brock. Clerk L cput. Clerk ,.,l:,.es~. as to Ch~ir~tn s S i g,/~;h26{.colrtt~o fbn'n alltt legal sufficiency: Collier County Attorney Board of'County ('ommissioncrs ('oilier Cotllllv. Florida Tamela S. Hac K[e, (~mfrwoman 4 Exhibit ! Olde Cypress Phase 1 Engineers Opinion of Probable Construction Cost Description Quantity. Units Unit Cost Water 8' PVC W.M. (DR14) 8" PVC W.M. (DR18) 10" PVC W.M. (DRY4) 10" PVC W.M. (DR18) 8" G.V. 10' G.V. Fire Hyd;ant Air Release Valves Tapping Sleeve & Valve PVC W.S CASING (3") 20 STL CASING B.S.P. (TEMP) B.S.P. (PERM) Blow-off 37 LF S1720 674 LF S13.40 185 LF S20.50 7825 . LF S18.40 1 EA $800.00 19 EA S960.00 ,:,, EA $2,000.00 6 EA Sl ,600.00 2 EA S3,200.00 630 LF S5.00 22 LF S75.00 4 EA S800.00 4 EA S700.00 i EA Sl ,000.00 Subtotal Sewer fCuts from N.G.] 8" PVC G.S. (0'-4') 8" PVC G.S. (4'-6') 8" PVC G.S. (6'-8') 8" PVC G.S. (8'o10') Video Gravity Sewer Video Sewer 1 yr post accept. M.H (0'-4') M.H (4'-6') M.H. (6'-8') M.H. (8'-~ 0') M.H. (10'-12') Drop Connect Cleanout Service 4" PVC F.M. 6" PVC F.M. 8" PVC Air Release Valve /-" Plug V Tapping Sleeve & Va!ye Pump Sta Pump Sla 1780 LF S15.50 1550 LF S15.50 951 LF $2O.5O 747 LF $29.00 5.028 LF $1.00 5,028 LF S1.00 2 . EA S1,240.00 11 EA S1,240.00 6 EA $1,470.00 7 EA S1,820.00 t EA S2,250.00 2 EA S500.00 70 EA S79.00 1,435 LF S11.50 1,758 LF $8.80 1,937 LF Si0.40 1,800 LF S12.63 10 EA Si .900.00 i EA S1,900.00 i EA S3.000.00 2 EA 5,'-8.300.00 1 EA S52.000 03 Subtotal Total S636.40 S9,031.60 $3,792.50 $143,980.00 S800.00 S18,240,00 S48,o00.00 S9.600.oo S6,40o.0o S3,150.00 Sl,650.00 $3.200.00 S2,800.00 Sl ,000.00 $252,280.50 S27,590.00 $24,025.00 $19,495,50 $21,663.00 S5,028.00 S5,028.00 S2,480.00 S13,640.00 S8,820.00 S12,7~0.00 $2,250.00 $I ,000,00 $5,530.00 S15,502.50 $15,470,40 S20,144.80 $23,436.00 $19,000.00 $1,9O0.00 S3,000,00 S95,600,00 S52.000.00 $397,343.20 1995\1995083',gnh\Con struct~onCos~,~ ! 217 Page i Description ~ and Gradi_..~ 1 112" Asphalt - Type S-111 6" LR Base 12" Subgrade Type F Curb 24" VaLGut 5' Sidewalk Sod - 1' strip Seed & Mulch Stop Signs Speed Limit Signs Street Name Signs 24" Stop Bar Directional Arrow Street Lights Quantit~ 26,108 26,108 33,354 3.749 15,312 6,610 15,305 6 3 4 2 36 2 27 Drainage 15"RCP 18"RCP 15"PVC 18"PVC 24"PVC 15"M. E.S. 18"M.E.S. 24"M.E.S. J.B. Conflict Struct 239 28 67 207 182 1 1 1 1 4 SummaW Water Sewer Paving & Grading Drainage Fee Calculation Plat Review: $425.00 + S4.00/ac × 470 Acres Subdivisio,'~ Review & Insaection: 1.7% x 25,399.20 "- 419,709.55 Drainage Paving&Grading Waler/Sewer Review and Ins[~ection: 2.0% x 252.280.50 + 397.343.20 1995\1995080',.g,hh\Con str u :t~onCosts81217 Units SY SY SY LF LF LF LF AC EA EA EA LF EA EA EA EA EA EA EA EA EA EA EA EA Page 2 Unit Cost S2.45 S4.00 S1.90 $z.15 S8.75 S0.30 S1.200.00 SI00.00 S100.00 Si00.00 S2.75 S75.00 S1.200.00 Subtotal S20.00 S24.00 S18.00 S21.50 S25.00 S200.00 S300.00 S420.00 $1,600.00 Si,800.00 Subtotal Totaf: S63,964.60 $104,432.0o S63,372.60 $15,558.35 $68,904.00 S57.837.5o $4,891.50 $7,200.00 $3OO.OO S400.00 S20o.00 S99.00 S150.00 S32,40o.o0 $419,7o9.55 S4,780.00 S572.00 S1,206.00 $4,471.20 $4,55O.0O S200.00 S300.00 S420.00 $1,600.00 $7,200.00 $25,399.20 S252.280.50 S397,343.20 S419,709.55 S25.399.20 Total $1,094,732.45 Total S2,305.00 $7,566.85 S12,992.47 S22,864.32 COLLIER COUNTY LAND DEVELOPN1ENT (;()DE CONSTUCFION AND MAhNTENANCE AGREEblENT FOR SUBI)IVISION IMPROVEblENTS TIlE CONSTRUCTION AND MAINTE,~ANCE A(;RI':EMENT FOR Stmm)lViSION lblPROVMENTS entered inlo this \'k~?'~.- da,,' of ~-~?_~'k . In q~ h..zD.s¢.ell Forest Glen Golf Co. mmunity l.imited Partnemhi~'~-¢r¢ n~fler ~'~2~e~'ed tc~ a's":l~:~,;eloperl'' and the Board of Coumy Commissioner,..f Collier Cotmty. Florida. ho'cinafier referred to ag lhe "Board" RECI'FAI~: De,,ek~pcr has. simultancxmsly with the delivery of this Agreement. applied for the approval by the Board ora o:rmin plat o['a subdivision to be kno,,~n as: Forest Glen of Naples. l)i,.isicm 3.2 of thc Collier County l.and Development ('ode r~luircs fl~e l)evcloper IO po,,t appropri;:t¢ gtmran~ecs lk~r the con'.qruction of the impro'.cn~cnts req~ir,:d b~, xaid sutxlivisi.n regulati,ms, said guarantee:, to be incorporutcd in rmluircd im pr,vcmcx~ts. NOW TitEREFORE. in considcratic~ of tile t'ore?ing premis~m ;and mutual covenants hcreinatter set forth, Developer and the Board do hcreb.v covenant and agree as Developer will cause to ~ constructed the Required Improvements within 12 months from the ~te of'approval .said subdivision plat, said inffaslmcture (water, ~',.¥er, drainage and roadway'} improv~maents and excavation permit No. 59-651 hereinafter referred to as thc Required Improvements. Developer hcrex~ith t,:nders its subdivision pcrfor~nance s¢ctlrit)' (attached hereto as Exhibit "A" and by reference made a part of hereof) in ll~e amount of 5206,557.51 v, hich represents l r~°o of the total conlrat.~ cosi' of completed ctmstruedon plus 51,428,737.97 v, hich repr:..'sents I00% of the estimated costs Io compiete flu: Rcxiuired Impr{~vemcmts as thc date of this A .,~e~.m~ent for a total of $1,635,295.4,r'.1. In thc cv~mt cf defimlt by thc I)e',clopcr (~' failure ,f thc Developer to complete sud~ improvements u,-ithin the time r~uired by the [.and D..:v¢lopment C(xle. Colli,.'r County, ma)' call upon the subdivision pcrform,'mce security to insure s~tisfactory completion of ll~e requJrm/impr,s, cm,.mts. '|~c required impro'.'cmcnts sha!l m~l Ix, co,.~idcrcd sub~tant~M compldion b.. [')e~cJopcr's c~gir:ccr along ~th thc final prqjcct rcc,rds have ~cn furnished t{~ bc revic~cd ami approved h~ thc i3cvclopm~t Services Director l~r c~mpliancc with Ibc Collic~ Ct~unt)I and [)cvch~pmcnt ['he Dcv¢lopmenl Scr~io.~ Director .'qmll. x~ithir, sixt) (60) days of receipt of statement of substa,lial c(,mpleti¢~, either: a) not//'.,,, the r)cvel,pe.r in V, Titing of his preliminary approval of the imprnvements: or b) noli~' the Developer in vn'iting of his refusal to approve improvemenLs, therev,'ith specifying thcgv conditi~ms which tile D-.:vetoper must fidfill in order lo obtain ihe Direr'rat's appro~,:d of the improvem~mts. [lowe:'er in n. event shall Ibc [~velopmenl Serxicc-'~ F)irect¢:r refi~se preliminaQ, approval of' the improvements if' thc.'y are in thcl crmstructcxt and submitted fi~r approval in accordance x~iih the requirements of this Agreement. 7. '1 hc Dcvelupcr ,.hall m;.tinlaia all required impruvemcnts lot a min,'n,,un period ol',mte year al'ter prelimina~ apprc.'..M by the Development Scr,. ice,; Director, Al'for the one year maintermnce period b', the l)o. clopcr has terminated, thc l)c',clopcr shall petition thc Development Services l)irector lo inspect thc required improvements. Thc D¢',clopmcm .%rviccs I)ireclor tlr his designee 5hall inspect the impro', cmcnt~ aBd. it' Ibund to still be in cmnpliance with tile Collier ('ount.,. I.and I)c'.elopment Code as rel'Icclcd b', final appro', al by the Board. thc Board shall release thc remaining 10n n of tile subdi~.ision performance sccuril5. Iht Developer's rc~p(msibilit? for maintenance of the required improvemems shall continue unless or tmlil the [~oard accepts maimcnancc rc~p,msibilib for and by tile Cnuntv. Six (6) months after tim execution of this Agreement and once v. idfin every six (6.~ months thereafter the Dexcloper may request the [)evclopment Services Director lo reduce the dollar amount oJ'lhc subdi~ ision perlbmmnce security on thc basis of work complclc. Each request tk,r a reduction in the dollar nmoum office subdMsion perfi~rmance security shall be accompanied bx a statement of substantial completion by ~he Developer's engineer together ~ ith the project records necessa~' fi~r review by the Development Services Director. 'Ibc Development Nervices Director may gran~ the request li,r a reduction in the amount of Ibc ~ubdivision pcrfi,rmancc security li, r thc improvements completed as rd'thc date of thc request. In the c~.ent the [),..",eloper shall fail or neglect lo fulfill ils (,bligalions tinder this Agreement. upon ccrtilication of such fifilure, thc Count? Administrator max call upon the subdivision perlbrmance securitx to secure sntist~ctoO. completion, repair ~nd maintenance of'thc required improvements. Thc Iloard shall have thc right to construct and mainla~n, or cause to be constructed or maintained, pursuant to public ndve~isement and receipt and acceptance of bids. the improvements required herein. Thc Developer. ns principal under the subdivision perlbm~ance security, shall be liable to pay and to indenmit5' the Board. upon completion of such construction, the final total cost Io the Board thereof, includine, but not limited to. engineering. legal and conlingent costs, together with any damages, either t~ircct or consequential, which Iht Board ma~ suslilil~ on acc~lnt of'thc I~ilurc of Ibc I)c~clopcr to fi~llill .ill ol'lhc provisions of this Agreement. All of the terms, co,.enanls and conditions herein contained arc and sh;'ll bc binding upon the I)e,.clopcr and the respective succcs'.;ors and assigns of rile Dc'.elopcr IN WI'I%'ESS V,'[ II!RfiOF. thc Board and the Developer ha~e caused this A.,.:rccment m be executed by their dulyauthorizcdrcprcsentati,.csthis 1_"'~. da3 o1':(.~>;,~' . I{)Q'i . SIGNED. SE:\I.F.I) ANI) I)I'~I.IVERI.~I) IN TttE PRESENCf-~ OF: Witness (Print name) ? wi¢css ,/ (Print name) By: Forest Glen GolfC~mmunity Limited Partncr.,dfip ' Mar~. 'Faylo~O I~r~sid~nt ATTEST:" '~'i' Dwighf. E:' 15/'ock', .Clerk · ,,~_~.~' ~--: ,,.i-,.,'_:~ .' -. . .'~_,~D~m'¥'ed as.lo f. arm anti lcual sufficiency Assistant*County Attorney BOARD OF COUNTY COMMISSIONI_~RS OF COLLIER COUNTY, FLORIDA TELEPHONE f2t2! 202.3000 {212t 202.4250 NEW YORK BRANCH 1251 AVENUE OF THE AMERICAS NEW YORK, N.Y, IO020-I 104 MARCH 17, 1999 TELEX AT&T 420802 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SL0011050 1SSUER: THE INDUSTRIAL BANK OF JAPAN, LIMITED 1251 Avenue of the Americas New York, NY 10020-1104 Place and Date of Issue: 1251 Avenue of the Americas Nc,.,,' York, NY 10020-1104 March 17, 1999 Date of Expiry: This credit shall be valid until March 17, 2000 and thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the issuer notifies the beneficiary in writing by registered mail that the issuer elects not to so renew this credit, provided that such extension never exceeds July 3 I 2001. ' Applicant: Wcstbrook Real Estate Fund I1, L.P. (" Applicant") Beneficiary: The Board of County Commissioners, Collier County, "Beneficiary"), and Collier County Courthouse Complex, Naples, Florida 33962. Amount: $ 1,635,295.48 Florida (hereinafter Credit Available With: The Industrial Bank of Japan, Limited By: Payment against documents detailed herein and bcneficiary's drafts at sight draxvn on the issuer. Documents Required: Available by bcneficiary's draft(s) at sight drawn on the issuer and accomplished by beneficiary's statement p.urportedly signed by the county manager, certifying that:"Westbrook Real Estate fund II, L.P. has failed to meet or complete the requirements of excavation permit #59. For the project named ( FOREST GLEN ) or final inspection satisfactory to Collier County has been performed prior to the date of expiry, and satisfactory 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 'FILE INDUSTRIAL BANK OF JAPAN, LIMFI'ED. NEW YORK BRANCH, Credit no. SI.0011050, Dated March 17, 1999. The original letter of credit and all amendments, if any, must be presented for proper endorsement. The letter of credit sets fi~rth in hdl tim terms o£th¢ issuer's undertaking and such tmdcrlaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in xvhich this'letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by issuer if presented within the validity of this credit. This credit is subject to the uniform customs and practice for documentary credits (1983 revision) International Chamber of commerce Publication No.400. INDUSTRIAL BANK OF JAPAN, LIMITED, NEW YORK BRANCtl Very truly yours, Taku~a l;tc~j o // Senior'z 1251 AVENUE OF THE AMERICAS NEW YORK, N.Y 10020'1104 t212! 2~2.3000 TELrX LDD$ April 14, 1999 The Board County Commissioners Collier County, Florida Collier County Courthouse Complex Naples, Florida 33962 Amendment to Letter of Credit No. SI,0011050 Ladies and Gentlemen: We refer to the Lctter of Credit No. SL0011050 dated March 15, 1999 isstlcd by us in favor of you in the aggregate amount of $1,635,295.48 ( the "Credit"). Capitalized terms used herein without definition shall have the same meaning assigned thereto in the credit. Please be advised that effective April 14, 1999, the credit is hereby amended as follows: Documents Required: Available by beneficiary's draft(s) at sight drawn on lhe issuer and accompanied by beneficiary's statement purportedly signed by the county adminstrator, certifying that:" Forest Glen Golf Community Limited Parlnership has failed to construct and/or maintain the improvements associated with that certain plat ora subdivision known as Forest Glen of Naples, or a final inspection satisfactory to Collier County has not been performed prior'to the date of expiry, and satisfactory alternative performance security has not been provided to and fornmlly accepted by the beneficiary." This letter should be attached with the original letter of credit as constituent and integral pad thereof. \:cry I~ly your! 'ralC va o.jo ,×/ SerliO,Vice Pr,~¢n! DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 FIRST AMENDMENT TO AGREF.._MENT FOR SAL.~_AND PURCHASE THIS FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE entered into this /..~ day of ~A-.~ , 1999 by and between WILLIAM SCHWEIKHARDT, AS TRUSTEE, under Land Trust No, 5197, (hereinafter referred to a"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser") WITNESSETH WHEREAS, the Purchaser and Seller have previously entered into an Agreement for Sale and Purchase dated January 26, 1999; and WHEREAS, the Seller and the Purchaser. are desirous of amending said Agreement for Sale and Purchase; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement for Sale and Purchase dated January 26, 1999 and Ten Dollars ($10,00) and Other Valuable Consideration, the said Agreement for Sale and Purchase is hereby amended as follows: 1. Paragraph 3.01 of the Agreement for Sale and Purchase is hereby deleted in its entirety and the following provision is substituted in its place: III._CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after January 31, 1999, following execution of this Agreement by the Purchaser but not later than May 28, 199___9., unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shatl be as follows: Except as expressly provided herein, the said Agreement between the Purchaser and Seller remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the Seller and Purchaser have hereto executed this First Amendment to Agreement for Sale and Purchase the day and year first above written. IN WITNESS WHEREOF, the parties hereto set far'th their hands seals. AS TO PURCHASER: DATED: ~ ?~./~¢'j~ ATTEST: DWIGHT E. BROCK. Clerk ~'-//':/-/~"//,~f',,~,'¢-4,,/ ~ Deputy Clerk Attest as to'Ch~ir~n'~ signature only'. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIOf,J'~RS COLLI.E.R.._CO U NTY, FLORIDA PAMELA S. MAC ~T-E', CHAI.~WOMAN AS TO SELLER: DATED: WITNESSES: FIRST'WITNESS (Signature) (Print)Name) ..-, ..- SE~ONI~ WITN E~'s (Prinl N~me) RESOI,UTION NO. 99-204 A RESOI.UTION APPOINTING MEMBERS TO TIlE ' ' ~ ' ' ' F. NX IRONMI:,NTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999. Iht Board of County Commissioncrs of' (.'oilier County adopted Collier County Ordinance No. 99-6 creating the Environmcnlal Advisoo' Council; and WIlEREAS. Collier County Ordinance No. 99-6 provides lhat thc Environment Adviso~ Council shall consist of 9 members: and WHEREAS. thc Board of County Commissioners prcviously provided public nolicc soliciting applications t~om interested paroles. NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that thc following members arc hereby appointed to thc Environmental Advisoo' Council, with their respective terms oFoffice as follows: MEMBER CATEGORY TERM EXPIRES Blair A. Foley Technical April 13, 2000 Thomas W. Sansbury Non-Technical April 13, 2000 William W. Hill Technical April 13, 2001 Monty D. Robinson Technical April 13, 2001 W. Terry., Cole Technical April 13, :!002 Dr. Daniel F. Jackson Technical April 13, 2002 Milton Keen Comell Technical April 13, 2003 Marco A. Espinar Technical April 13, 2003 Jerry. C. Ncal Technical April 13. 2003 This Resolution adopted after motion, sccond and majority rotc. DATED: April 13. 1999 ATTEST: DW1GIfT E. BROCK, Clerk '-Approved aS to form and I~gal sufficiency:" / David C. Wcigcl ~ County Altomcy DCW/kn h:public:k:adv~sory boards BOARD OF COL;NTY COMMISSIONERS COLI,IER COUNTY. Fl..OIl, IDA ,\ RESOI,UTION ADOPTING ENGLISII AS TIlE OFFICIAl, I,ANGUAGE OF COIA,IER COUNTY GOVERNblENT. WIIEREAS. wc cclcbralc thc contribution of all pcoplc in thc IJnilcd States, including their languages; and WItEREAS, in thc course of our histoD,, thc English language has become thc common bond that has for more than two centuries enabled thc citizens off thc United States Io conlllltlllicalc \villi O[lC another. Ibnning a nation, regardless of national backgrotmd; and WI IEREA5. English is thc tllosI COllllllOll language spoken in Iht Umlcd Slates in 1999: thc usc of government documents :md sc~'iccs in several languages promotes scparalion among residents and is an inefficient usc of taxpayers' money: and WHEREAS. as of JanuaO' 1. 1999.92 counlies, 35 cities, and 25 states endorse English as their official or common language of government: and WIlEREAS. adopting an official county language is a unifying action, both locally and nationally, recognizing thc courage of our nncestors who learned English and immigmnls who continue m learn English. and maintains the right of individuals Io develop their language. NOW, TIIEREFORE. BE IT RESOI,VED BY TIlE BOAI{I) OF COUNTY COMMISSIONERS OF COLI,IER COUNTY FLORIDA. Iha~ I}10 Board hereby adopts English as its official language. Official acts and records will be conducled and printed in English while county employees will not bc provided bilingual pay. We support Iht requirement lhal Te~itorics desiring admission as a State first establish English as their one official language of government. BE I'F FL;RTItER RI~SOLVED thal thc ('oullty Clerk is hereby directed lo send copies of lhis Resolution to thc Florida Association of Cmmfics. State Representatives Ires Rojas. J. R. "Joe" Spratt, Carol Green and .I. Dudlcy Goodlclte; State Senalors Slcvc Geller. and Bttfl I,. Saundcrs: Govc~ nor Jeb Bush: U.S. Representative f'oner Goss: Speaker of thc t louse J. Dennis l tastcn; U.S. Senators Bob Graham nnd Connie Mack: Senate Majority Leader Trent Loth Vice President Gore, President Clinton. former Presidents Gerakl Ford. Jimmy Carter. Ronald Reagan, anti George Bush. and Former Vice Presidents Wnlter Mondale and Dan Ouayle. This Resolution was adopted after motion, second, and majority vote. DATED: April 13. 1999 ATTF. ST: DWIGltT E. BROCK. ('lcrk Approved as to lbnn anti legal sufficiency: ~uro Mafialich Chief Assistant County Attorney h'Kay:Resohman I.tO^RD OF COU×TY C()MMISSIONF. RS ('OLI.1ER COIJNTY. I:I.OI~,II)A By: , " . ..................... PA M EI,A S. M A("K Il!. ('haim. oman County of Co,lief lOg CLERK OF THE CIRCUIT COURT COLLIER COUN[Y COURTHOUSE 3301 TAMIAMI IRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUll' COUR~ COUNTY COURT Dwight E. Brock COUNIY RECORDER CLERK BOARD OF Clerk COUNTY COMMISSIONERS April 20, 1999 Re: Resolution 99-205 Dear Sir: Attached is the above referenced Resolution adopting English as the Official Language of Collier County Government which was adopted after motion, second and majority vote by the Board of County Commissioners of Colllier County, Florida, on April 13, 1999. Sincerely, Maureen Kenyon Deputy Clerk Enclosure (1) RESOI,UTION NO. 9%206 A I1F, SOI,UI'ION REAPPOINTING MEMBEItS TO TIlE COI,I,IER COUNTY INDUSTRIAl, I)EVEI,OPSIENT AUTIIOIIlTY 9.'~ IEREAS, thc Board oF County Commissioncrs of Collicr County adoptcd Rcsolulion No. 79-34, creating Ibc Collier Cmmty Industrial Development Aulhorily pursuant Io thc aulhorily of Chapter 159, Pail llI. Florida Stalutcs; and WIIEREAS. thc Collier County Induslrial Dcvclopmcnt ,,Mllhorilv is composed oF Iix'c (5) mcmbcrs with four-year forms: and WI IEREAS. d~crc arc currently two {2) vacancies on this hoard: and WIIEREAS. thc Ilo:mi m' Coumy Commissioners prcviously provided public notice soliciting applicalions I~om intcrcstcd panics: and WIIEREAS. lhc Board ot ('ounty Commissioncrs rcccivcd a memorandum from l)onald A. Pickwo~h. counscl to thc Industrial DcvelopmcnI Authorily. advising Collier ('ounly oF thc vacallcics ill,ti Ibc desire for rcappoi~ltnlcflt. NOW. 'FIfEREFORE. BE IT RESOLVED BY 'HIE BOARI) OF COUNTY COMMISSIONERS OF COI,LIER COUNTY. FLORIDA. lhal: I. John R. t lumphrcy is hcrcby rcappoinlcd lo Ihe Collicr Coumy Induslr[al Dcvclopmcnt Auflmrily for a four ycar tcnn. said tcm~ to expire on Fcbma~' 28.20o3. 2. Barbara Minch Roscnbcrg is hcrcby rcappoinlcd to thc ('ollicr ('¢unly Industrial Dcvclopmcnt AuIhorily I})r a Iimr ycar tcnn. said Icrm lo cxpirc on FchruaQ, 28. 2003. 3. -Ibis Rcsolution shall c{mst~lulc a ccrlificalc ofapp~inlmcnt and shall hc filcd wilh ibc Clerk of thc Circuit Court as pm~ idcd bv law. This Rcsolutmn adopted after motion, second and majority vmc. DATED: April 13. 1999 ATTEST: DWIGII'F E. BP,()CK. Clerk $'ig~ture only. Approved as to form legal sufficicncy: BOAI>,D OF COUNTY ('OMMISSIONERS COLLIER COUNTY. FLORIDA By:_;_ . I AMEI.A .'q. M,XC'KII'~. ('ha~m,'oman ~;avid C. W~:i~l~_~ ....... Cotlnly/\ltonlcy 10G RESOI.UTION NO. 99-207 A I~ESOI.UTION RE:\PI'OINTING MEMBERS T()TIlE IIOUSING FINANCE AUTIIORITY OF COi. IAER COUNTY', FI,OIHDA WIH:~REAS. the Board of County Commissioners of Collier Counly adopted Ordinance No. 80-66 creating d~c tlousing Finance Amhority of Collier County. Florida, pursuant to Chaplcr 159, Pa~ IV. Florkla Statutes: amt WttEREAS. Ordinance No. 80-66 provktcs that thc ltousing Finance Authority of Collier County. Florida shall be composed of five {5) members: and WttEREAS. there are cu~enfly two (2) vacancies on this board: and WtlEREAS. the Board of County Commissioners ~rcviously provided public notice soliciting applications from inlercslcd panics; and WIIEREAS. thc Board of County Commissioners received a memorandum from Donald A, Pickwoflh. counsel In the l lousing Finance Aufl~orily. :~dvismg ('oilier ('ountv oF thc vacancies and thc desire for rcappointmcnt. NOW. TIIEREFORE. BE FF RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF CO[,LIER COUNTY. FI,ORIDA. that: I. GaW D. Lind is hereby reap~intcd to the I lousing Finance Authority of ('Miler County. Florida. for a four year te~. said tc~ to expire on March 21. 2003, 2. Dawn P. Litchfield. is hereby reappointed lo thc [lousing Finance Authority of Colli~ County. Florida, Ibr a four year ~cm~. s~id te~ to expire on December 2.2,O2. 3. This Rcsolulion shall :onsmute a certificate of appointment and shall be filed with the Clerk of thc ('~rcmt ('our1 as pmx ,led by lax~ This Rcsolutmn adopted at]er molion, second ami majority vmc. DAI'ED: Aprd 13. I'~)9 ATTEST: DWIGttT E. P, RO('K. Clerk '~ttest ~s to CMlr'~a'$ Approved as Io fo~ and legal sufficiency: tlOARD OF COUNTY COMMISSIONF~RS COLI,IER COUNTY. FI,OR[DA PAMEI,A S. MAC'KIE. Chairwoman Courtly Attorney P, ESOLUTION NO. 99- 208 A RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY. FI.ORIDA, REGARDING ANIMAl. ABUSE AND CRUEI.TY CASES INVESTIGATED BY DOMESTIC ANIMAl. SERVICES WHEREAS. The ttumane Society of Collier County. Inc.. ("Sociely") has informed tile Board of County Commissioners ("Board") that Collier Counly Domcstic Animal Scrviccs ("Domestic Animal Scrviccs"t pcrforrns difficult tasks regarding cases of animal abuse and has improved its education efforts regarding laws against animal abuse and cruclty to animals; and \VHEREAS. t}~c Society believes that in animal cruelty and animal abuse cases there is a need for more extensive coordination and communication between Domestic Animal Services and the Collier County Sheriffs Agency and lhe Society; and WltEREAS. The Board desires that in all animal abuse and cruchy cases that may constitute any criminal act. Domestic Animal Sen'ices uiilizc the senqces of thc Collier County Sheriffs Agency and of the Society to the greatest extent possible. NOW, TIIEREFORE, BE IT 'RESOLVED BY Tile BOARI) OF COUNTY COMMISSIONERS OF COIAAER COUNTY, FLORIDA. that: I. In each case ofapparent animal abuse or cruelty to animals that may be a criminal act under an,',' Florida .S'tatttte or Collier Count,',' Ordinance. thc staff of l)omcslic Animal Sc~'iccs is encouraged to promptly not/ly the Collier County Sheriffs Agency and to request whatever assislancc ma)' be available from that agency. 2. Domestic Animal Services is encouraged Io utilize thc volunteered services oflhc Society to the greatest extent p~>ssiblc, including ils necropsy sc~'iccs, nnd to fidly usc thc Society's biological storage facihlies for presen'ation ofpotentiM evidence and storage of bodies of small animals. This Resolution adopted this/o~___.__~day of ~ .... 1999 after motion. second and majority vote favoring same. ATTEST: DWIGItT E. BROCK, CLERK $1~ature o~ly. Approved as to form and legal sufficienc . Thomas C, Assistant County Attorney BOAR[) OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. Office of Community Oriented Policing, Services COPS Universal Hiring Supplemental Award Application Organization's Name: Grant #: ORI #: Vendor #: Law Enforcement Executive Name: Cio', State. Zip Code: Telephone: Fax: Government Executive Name: Address: CIO'. State. Zip Code: T,'lephone: Fax: Collier County Sheriff's Department 95CCWX0265 FL01100 596000561 SheriffDon Hunter Government Complex, Building J 3301 Tamiami Trail East Naples, FL 34112 (941 ) 793-9203 (94 I) 793-9333 Chairman Barbara B. Berry 3301 Tamiami Trail East Naples. FL 3,1112 (941) 774-8391 (94 I) 774-3602 Award Start Date: April I, 1995 Supplemental Award Start Date: December I, 1998 Previous Award Amount: S2,025,000 Supplemental Award Amount: $1,425,000 Total Award Amount: $3,450,000 Previous Award End Date: Revised Award End Date: Previous Number of Officers: July 3 I, 2000 November 30, 2001 Full Time: 27 PartTime: 0 Supplement to NumberofOfficers: FullTime: 19 Part Time: 0 Total NumberofOfflcers: FullTime: 46 PartTime: Da~e n fhcials are agreeing to abide by thc Conditions of Gram Asgard found on the revere side ~~ ~n Hunter, Sheriff Si~am~'~~ent FxecuUve with fl,e Typed Name ~d Title ofl.a;~; TTEST . ~[', Dhte ' 'C :., ~thority m <~t ~i~ grant awed. Enforcement Ex<utive '. F ' ' '. ..,. - Paola S. ~c'Kie, ~e~~'4/~99 Y T~ N~e ~d ~fle of Gov~mmt A - ' " pprov~ to tor~g~ A~la~taL CoGntv Atatrn~r ii/l/...., CONDITIONS OF SUPPLEMENTAL GRANT AWARD 1. The funding under this Universal ltiring Program Supple~ncntai Grant Award may only be used for the payment of the approved salaries and benefits of those additional, newly hired officers funded under your agency's Universal ltiring Program Supplemental Grant Award. Unless approved in writing by the COPS Office, the funding under this Supplemental (;rant Award may not be applied to officers hired before the Supplemental (;rant Award Start Date printed on the reverse side. In addition, the funding may not be used to hire officers to fill current vacancies for which local funding is available. 2. Your agency remains subject to the same terms and conditions as were set forth in the original FAST, AIIEAI), or UtlP Award. 3. Your agency agrees to complete and keep on file, as appropriate, an Immigration and N ' ' ~ aturahzatmn Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 4. Your agency is expected to retain the positions funded by COPS Universal Hiring Program grant funds at the conclusion of the grant, in accordance with the retention plan contained in )'our grant application. During the revi_,:~, o.l')rn~r COPS Universal Ifiring Pro~4ram hudx, el in~tmatinn, the (~ficc oJ the Comptroller. (~fice ql d~ttcc Program~ or the COPS ~fice amerced the budget tnfo~ation submitted with )o~ application. These ~juxlment.~ ~(~'ct your budget .$ttmmar)~ Ulc COP.~ (~]~cc m,xltfied ),our bt~.~ct susaO' to r~tlect these c~nges a~ to meet [cgidative requirement& Please examine the Revised Budget Summary below. COPS Office staff ha~e changed tile Federal Share. tile local share or both .~hares l.f )ou have a,n' question~, plet~e contact )'our grant advisor at the COP,~ Of]ice Than k )ou for )~our atte n tton to tit ts matter ORh FL01100 Organization: Collier County Sheriffs Department The total three year cost for salaries and benefits per full-time officer requested The total amount of federal funds per full-time officer requested is: The total three year cost for salaries and benefits per pan-time officer requested The total amount of federal funds per pan-time officer requested is: 128,080.(10 $75,000.00 S0.00 $0.00 Under COPS grants, the Federal share of total salaries and benefits must decrease each year leading to full local funding by the fourth year ofofiqcers' employment. At the same time your local share must increase each yea'. Furthermore. Federal funds per officer cannot exceed 75% of three )'ears .~ql,~y and benefits, or $75.0~0. whichever is less. We have prepared the follo,.ving table for )'our rev~cx~. Ifthc~e ,'unounts do not meet ~.our needs, please provkle revised figures in the blank table below. Thank you ' Full Hme Federal Share (must decreasel: I.ocal Share (must increasel: Total Salaries/Benefits: Federal Share (must decrease}: Local Share (must increase): Total Salaries/Benefits: Part Time Federal Share (must decrease): l.ocal Share Imust increase): Total Salaries/Benefits: Federal Share (must decrease~: Local Share (must increasel: Total Salaries/Benefits: Year I: Year2: Year3: Totals: 533,076 527,830 514,094 $75,000.00 $8~70 $14,986 $29,824 553,080.00 $41346.00 $42,816.00 $43,918.00 $128,080.00 $37,719 $43,379 546,982 $128,080.00 50 50 $0 $0.00 50 $0 $0 $0.00 50.00 50.00 50.00 $0.00 The tmdcrsigned agrees to adhere to Ihe financial commitments outlined Name(~d) o[.$t,[h~rizedOfficial: F~la s. ~ Title: ~rd Chai~w~n 8 CLERK Alaprov~l aa to form & lagai A~L~tant County Attorney Naptel Daily News Naples, FL )4102 Affidavit of Pub[tcatto~ BOARO OF COUHTY CC~KiS$1CUEqS ATTN: TOgA PHILLIPS PO BOX 413016 NAPLES FL 34101-~016 REFERENCE: 001230 1131383126~91 57853020 SNil-98-13 NO/ICE O~ State of Florida County of ColLier Before the undersigned authority, personally appeared 8. Lamb, uho o~ oath says that she serves as the Assistant Ccrporate Secretary of the Naples Daily Nevs, a daily newspaper published at Naples, in CoLlier County, FLorida: that the attached copy of Advertisir~g vas published in said ne~lpeper on dalai Listed. Affiant further says that the said Nap[es Daily Ne'~l (I I r~lp~p~r published at Naples/ in said CoLLier County/ FLOrida, and that the said ne~lpeper has heretofore been conttnu~jsl¥ pubLtlhed in laid CotUer County, Florida, each day and has been entered as second class ~ail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached cof~/ of adverttleeent; and affiant further lays that she has neither paid nor proatled any perle, fire or coporatton any discount, rebate, comlission or refund for the purpose of securing this advertisement fo~ publication in the said newspaper. PUBLISHED ON: 03/28 AD SPACE: ~8.000 INCH FILED ON: 03/29/99 Signature of Affiant .. '~ ' o/ ; P'L~LIC F,I~ A RING I'to~'lce I$ ~r~y g~en ~ ~ ~d ~ C~ h~l~9 ~ TUE~AY ~R~ 13, 1~, In B~, 3rd FI~, C~ll~ C~ m~ Ce~er, 3~1 Tmlmi Trail, ~d ~ street nome ~ ~w. ~ Pd~ ~ ~e Est~ Towfl~lg 4~ ~h, NOTE: All ~r~ ~- ~ ~em ~t ~ht~ w~ by the Chairman, a ~e~ f~ a PersOnS wishing fO ~d ~a ~kets p~l~ to ~ re~lve ~d~l~- C~ ~ ~ minima ~lc ~I~ All ~e ~e ~ ~11 ~- J c~ a ~t ~ ~ I ~ r~ I A~ ~ ~ ~ I c~d M ~ ~l en~e ~ a v~m r~d ~ ~ BOARD OF: COUNTY COMMIssars COLLIER COUNTY~ FLORA PAMELA 5. DWIGHT E. BROCK, CLERK B~/S/L~ S~ele, ~¢~ch ~ ~. 1373314 · ' / £~/e4 ~r [eqall7 requtr~ ~. ~ Other T~'nsv, l: 49 So~, Ran. ~ 26 Ess=. DISTPl~UT:~ 1 NST~UC~, :CrtS approval before 3uDm.tt[ng to County He,aqer. N~E: I~ lc. a~ocumen[ is involved, be sure that ~oun~. The ~anager'~ CfflTe will ,Jt~trlb,Jte OODles: to Clerk's copy ~oc ~lle. Date Recetve,-J Date of RESOLUYION NO. :~9- ?,L"SOLUTiON RENAMING 2S"~ .\VEN'UE S.W. ['0 "PAINTED LEAF L.\NE". WHICH STREET IS LOt'.VI'ED tN GOLDEN GATE ESTATES UNIT ?0 IN >;ECTi¢)N 29. 70\~..'NSIIIP -:0 SOUTII. RANGE 26 E..\.W;'. ('OI.LtER COUNTY. FLORIDA. W}tERE.\S. ;?.e Board of County Commissmncrs is authorized pursuant to authority of Chapter 336.05. Florida Statutes. to name or rename streets and roads, except for certain state roads: and WHEREAS. the Board ,,f Cotmtv Commissioners has been requested to confirm the renaming o, _g Avenue S. 0, :o Painted l.cat' Lane. Fhis street is located in Section '~9 Township 49 South, Range 26 East. Collier t'ounty.. Florida. Golden Gate Estates Unit 30. according to lhe plat thereof, recorded in Plat Book - Page 58. or'the Official Records of Collier County, Florida: WHEREAS. there 'appears to be no street in Collier County w~th this name or any similar sounding name: and WHEREAS. it is necessan. Ibr identification purposes to confirm the name of this street, NOW TI~fEREFORE. .tIE IT RESOLVED BY FIlE BOARD OF COUNTY COMMISSIONERS OF C©LLIL:R ('OUNTY. FLORIDA: The name of this s:rcct is hereby changed from 28~ Avenue S,\V. to Painted Leaf Lane and is confirmed as such. ,BE IT FURTIIER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida.' and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the rcl~'rcnced Plat. This Resolution adopted after motion, second and majority vote. Done this _day of 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK. Clerk Approved as to Form and Legal Sufficiency: ,M arj orio'M. Student - Assistant Count), ,-\~.torncv SNR98.13 RESOLUTION: BY: Pamela S. MacKie. Chairwoman TO: PAM PERRELL NAPLES , . .- ~- . 263-4703 LISA STEELE FA~ NO: ~941) PH01'~ ~;'0: ~941) 774-84,06 March 1, 1999 Ms. Pam Perreli Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-98-13 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Lisa Steele, Deputy Clerk Encl. P.O. No. 1i3-138323-649110 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 13, 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 SNR-98-13, Donna Devlin requesting a street name change from 28th Avenue S.W. to Painted Leaf Lane located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. e~.ais included in the Persons wishing to have written or graphic mat 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 cf 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 -;erbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COU~;TY, FLORIDA PAMELA S. MACKIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK BY: /s/Lisa Steele, Deputy Clerk (SEAL) March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999.. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure P, ESOI,UTION NO. 99- 209 P, ESOLUTION RENAMING 28TM AVENUE S.W. TO "PAINTED LEAF LANE", WItlCH STREET IS I.OCATED IN GOI,DEN GATE ESTATES UNIT 30 IN SECTION 29. TO\\',~SIIlP 49 SOUTtl. RANGE 26 I{AST. COLLIER COUNTY. FLORIDA. WHEREAS. the Board of County Commissioners is authorized pursuant to authority of' Chapter 336.05. Florida Statutes. to name or rcname streets and roads, except for certain state roads; and WHEREAS. the Board of County Commissioners has been requested to confim~ the renaming of 28~' Avenue S.W. to Painted l.caf Lane. This street is located in Section 29. Township 49 South, Range 26 East. Collier (.'OUllly. flor/da. Golden Gate Estates Unit 30. according to the plat thereof, recorded in Plat Book 7. Page 58. oFthe Official Records of Collier County, Florida; WHEREAS. there appears to be no street in Collier County with this name or any similar sounding name: and WHEREAS. it is necessary, for identification purposes to confirm the name of this street, NOW THEREFORE. 13E IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF (._'OI.I.It!R'COUN]'Y, FLORIDA: The name of this street is hereby changed from 28's Avenue S.W. to Painted Leaf Lane and is confirmed as such. BE IT FUR'FlIER RESOLVED that this Resolution be recorded in the Public P, ecords of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made ,m Ibc referenced Plat. This Resolution adopted a flor mOlion, second and majority vote. Done this .... /-,.~ __,cTZ'__--ff-- ......... day o f_':~_-~/~:_ .... . 199'). ATTEST: Approved as to Form and Legal Sufficiency: Marjorio/M. Student Assistant County Attorney SNRO~.1.1 RES(}I.I ;1 I~ )N B Y"~,m,~la S.VM ac Kie, Ch~ rwoman *** 2462636 pR: 2535 PC: 1227 HC ~! 6.00 COPIi~ 1.00 Naples Daily Neus Naples, FL 3~102 Affidavit of Publicatic~ Naples 0airy Neus "'r BOARD OF C0gHTY CO'MIss[offERS ~}~ ~ ~X ~1~16 ~APLES FL ~4101-3016 EEFERENCE: ~1230 113138312~91 of FLOrJ~ ~fore the ~ersign~ eut~rity, pers~alty e~ar~ B. Le~, ~ ~ ~th says that she serves a~ the Assistant Cor~rete Secret~ry of the 0city N~s, a deity n~s~pe~ ~Jb[ish~ ~t Nap[es, ~'Jn Collier C~ty, Florida: that the attech~ LC~ of AdvertJs$~ uas ~bLtsh~ in said ~l~r ~ dates ~ Affiant further lays that the said Nap[es Daily : N~ S~a n~s~per ~Lish~ at Naples, in said ~ 7~' CotLJe~ C~ty~ Florida, a~ that the said ~l~r he~ heretofore ~en c~tJn~s[y ~[tlh~ in said Collier C~nty, Florida, each day a~ ~s ~en enter~ es sec~ class ~tter at the ~st off,ce tn Naples, tn Col[laP C~ty, Florida, fo~ a pert~ of 1 year ~ext prec~J~ the first ~bLicatt~ of the attach~ c~ of ~vertisement; a~ affiant lays that she hal neither paid ~r pr~Js~ any ~rs~, fire or c~reti~ any = dl~t, re~te, c~tsst~ or refu~ for the ~r~le of securt~ thJ~ ~vertJ~ement fo~ ~LicetJ~ in the said o~spaDer. P~L%SHE~ ~: 0~/28 AD JPACE: 87.000 INCH FZLED OtC: 03/29/99 Signature of Affiant $NR-98-10 NOTICE OF PUBLIC HEARING Notice Is hereby gtve~ tt~t the B<x~rd of ~u~ he~lng ~ T~SDAY, A~IL 13, ~m, 3rd FI~, Admlnlsk~on C~ll~ C~ ~em- ~nt Ce~er, 3~I T~I~I Trail N~les FI~ The m~tl~ ~lJ hln ~ 9~ A.~ e ~d will er Pe~ ~R-~-10, lng a street nome c~ k~ 1~ Ave- ~e S.W. ~ ~ Tr~ L~e ~ In · G~e Est~et Un~ 31, In ~ ~, T~lp 49 ~ Ron~ 26 E~L. NOTE: A ~ Hem ~f regls~ w~ ~ C~ ~1~ the ~ ers will ~ limned ml~s ~ to ~ ~ ~holJ enco[~o~d. If rec~lz~ by Ihe Chalrman~ o ~emer~ PerSons wishing to h~e ~en ~oord ogendo ~ockefs . must s~It ~ld ~er~ o minimum ~ 3 weeks p~lJc h~rlng. te~ iD ~ c~slder~ C~ ~ o minimum ~ ~v~ ~yS ~1~ to the ~ubllc h~l~. All ~erl. ~ used In bef~e ~ ~ fec~d. ~e~ulning ~ereto~ ~~d r~d ~ t~ h ~e, wh~h re~d chis ~e tesfl~V OOA~O~ OF COUNTY COLLIER COUNTY, fLOrIDA PAMELA S. MAC'KIE, CLEaK Dy:/s/Ll~ ~feele~ ! Dep~ Cler~ (SEAL1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk lo thc Board: Please place the follm~inll ;Is a: ,X~X :~ormal legal Advcrt:scmcnt IDisplay Ad,,'., loc:at:on, etc.) Petmon No (If none. gv,'c brief descnptmn~: PetlllOnCr i ~ Name & Address 1: Donna Dc'. h n, f '~ 1 r~]ff'7..~,x e. $ W~ ~EI~_FI~..7.- 311.9 Name & Addre~ of any ~ones} Io ~ nm:lied hx ('lerk's O~zc ~lf more spnzc :s needed. :roach separate sEcct} H~nng ~fore X~ BCC BZA Requested f{~nng ~ate' ~_~ ...... B;]<d on :~d',cm~cmcm ,,~',qrme 15 d;]xs t~forc h~qnng Ne~spa~r{sj 1o ~ u~d: (Complclc only ~f m~rtant~ XXX Naples Daily News Other ~ Legally Rcqmrcd Proposed Text: (Include legal dcscnptmn & common Iocat,on g: Si,'c Pctmon No S."!P.-,~'X-lO, Donna Dcvlin requestin~ a street r~ame chan£e from ~8'~ Aven~e 5.W,. ~o Cedar Tree Lane loca!ed m. G01dcn Gale Esla~.5, Umt 31, m Section 20, Township.49 South, IL'~n~e 26. Ea~, Collier Coun~, Florida. Companion petition(s). ~fans. & proposed hcanng date. Does Pet~tmn Fee inch:de advcrl:smg cost" ~'~ r~es I~ 3;'0 If Yes. x~ hat account should be charged for advcrllsing cosls: 113-138312-6-191 I0 Rm,':ev, cd by: Approved b'. Di','~s~on Head Da~c Coumv .M;maecr Date List Attachments: DISTRIBUTION INSTRI;CTIONS For hearin~ before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before ~hmitling to County Manal~er. Note: [fle~aldocument is involved, be sure that anv necessary legal review, orreque~l for same, i.~ ~bmitted to County Aitorney before submitting to County Manager. The M'anap. er'= office will distribute copies: [] County Manager agenda fire: to Clerk's Office [] Rcquestin~ Division [] Original B. Other hearings: Initiating Divtsmn he,ad to approve and submit original to Clerk's Office. retaining a copy for file. ¢00 ..... Uate Es;a%er, r.:': -1 .lunll'.'izi;2, 1223r227.': .... c. s_at thereof, .... l,_r County, ~ ....... c,,zer "i5';nty with this name or any sim'ilar ;';HEP. FAS, ,{: ' "- .............. ~.-5L curDo--r.-. '0 ':$n¢irm the name ......... ':"~' -: -¢' .... : 7C:<:,IiSSiCN£RS CF The name of '-his £-ree-. ts r. ere~sy changed 'rsm i%;*' Avenue S.W to Cedar '?re- Lane etd ................... r in the Public .......... =' -,'.:,, :;:: ;.-°a:ilnz..-..aqe 5:. ':,e referenced Plat. This Resoiu-.zn auz~-e~: ~f-= ...... ,, sectnc .~nz ma-zrit7 vote. Done this , 1999. ITT~S ~: %ssls%anz Czunt'/ Att:r.-.ev PAM PERRELL ' NAPLES ~ 263-4703 LISA STEELE FAX ~0: 94~4-8408 I:"H01'~ ~o: .(94,1) 774-8406 March 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue i~ iil Naples, Florida 34102 ilRe: Notice of Public Hearing to consider Petition SNR-98-10 ! ~Dear Pam: Please advertise the above referenced notice one time on Sunday, 'March 28, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Jisa Steele, Deputy Clerk P.O. No. 113-138312-649110 NOTICE OF PUBLIC HEARING ~ Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDA_Y~_ APRIL 13~___ 199___~9, 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 ~ SNR-98-10, Donna Devlin requesting a street name change from 18th i Avenue S.W. to Cedar Tree Lane located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. NOTE: All persons wishing to speak on any agenda item must register ~ with the County administrator rp~ to presentation of the agenda item 'i to be addressed indi"iduai speakers wil~ be li · · ~ m~._d 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 ~ ~ ~o~ a group or orcaniza~ ~ ~on may ~ allotted 10 minutes to ~ speak on an item. } Persons wishing to have written or graphic materials included in the l!~!~iBoard agenda packets must submit said material a minimum of 3 weeks i~%~[{'i '~iprior 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 'irec°rd of the proceedings pertaining thereto and therefore, may need to ~ensure that a verbatim record of the proceedings is made, which record es the testimony and evidence upon which the OF COU~4TY COMMISSIONERS ~'COLLIER COOq~TY, FLORIDA S. MACKIE, CHAIRWOMA3.~ ~DWIGHT E. BROCK, CLERK ~ BY: /s/Lisa S~eele, DeDu[v Clerk ;.~(SEAL) appeal is based. March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-10 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION ~,I0. 99- 210 PESOLUiiC:; PEt;A:.!i::G 18"" AVENUE S.W. TO "CEDAR i?,EE LA:;E", ;':HI(iH STREET iS LOCATED IRT GOLDE!.I GATE ESTATES,. Ut:iT 31, iN SECTIOI: 20, TOWNSHIP 49 SOUTh{, F::t:qE 26 EAST, COLLIER COU~'ITY, FLOR i DA. 12C2 WHEREAS, the Board ¢..' 'lc'.:nty Commissioners i:~ a,~thorized purs~ant to authority of Chapt~_~r ~.~ ..... ~*, ~orJda Statutes, to name., or rename streets and roads, except for certa:r, state roads; and WHEREAS, the ?.,card ,~f : ~']r~%y ~]~mmi~sior~ers h.~,s b,~en r<~quested to confirm the rena~ing of i~'~ A',,er.:~: .U.?;. 'c Cedar 7~-~ L~r.e. This r~t. reet is located in Section~,.,,~ T-~.'~.zh :~ '' /' '.:l~., ?a~.-:~ _ f~. Ecs%, 'i~i' ~-r '?>~r:ty, Florida, Golden Gate Estates, 'Sni,. 21 3,abdi'Jisicn, accordiT~c to. the plat thereof, recorded in Plat Y~c~%k -, ~ %~:.,~ 59, of the Official Fecords o~ Collier County, Fiori~a; WHEREAS, there appea:~ to be no street in Collier (iounty with this name or any similar sour, dine r.ar-e; arid WHEREAS, it i:~ n,,.''¢. ..... -~" for id~'n~i[ication p,]roos.%~s r© cor~firm the ~ame ~( of this street, 1,IOW *~r~r~'~r,,,~,.~,~..~, BE iT FKZOL'YED BY THE BOAFD O? COU~iTY COldMISSIONERS OF ~.~ COLLIER COU:~TY, FLO~.Ii~A: The name of thi.:~ :.tr, e: ,s h, ereby c:hanged from ]8'h A~,'enue S.W. to C(~dar Tree Lane a?,d is ,'cnf:rr~'! BE IT FUP, THEP PE:ZCi,','.=:L '!~:~;. tihis F~:solutior~ ~:-~ recc, rcjed ~n the Public Records of Collier - ..... . ...... ' the r;tr¢.et, and zoning atlases ~' ~3':1 . :,:r ~, .~:.,i r.,.t_<~t:¢ n:~ r~i,~ c~ t ~-,~. referent-ed Pl. at This Resol~t:.:n ;~.-;' ~t'.;:: .a'.ter .'r.~-,t~or;, seccnc ;,n<] majority vote. Done this ...... ~ ...... da}' of __~ ........... , 1~99. ATTEST: $ lg~ture only. E. as to Form ar;d Sufficiency: Marjo~ie ~4. St~cler~t Assistar~t Corn t ¥, *** 2462637 0R: 2535 PG: 1228 *** :~T~O?!:C! ITE FL?O? Naples Daily Ne~s Naples, FL 34102 Affidavit of Publication Naples Daily Nays BOARD Or COt~ITY CC~M[SSIC~IE~S ATTM: T~YA PHiLLiPS ~ ~X 41~16 NAPLES FL ~4101-~16 REFERENCE: 001230 1131383126491 5785 ~M,O SRR-98-12 NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared B. Leah, vho on oath says that she serve~ mi the Assistant Cor~rate Secretary of the Naples :DaiLy N~s, a daily n~s~per ~bLish~ et Naples, ~n Co[tier C~ty, Florida: that the attach~ ¢~ of ~erti/i~ uas ~btish~ ~n said ~s~r ~ dates ttst~. Affiant further says t~t the said Naples Deity N~s ts a n~s~per ~btJsh~ et Naples, in said Collier C~ty, Florida, e~ t~t the n~l~r ~t heretofore ~en c~ttn~s[y ~[tsh~ in said Collier C~ty, Flor{da, each '~ ~ ~s ~ enter~ as se¢~ class ~tter at the ~st office in Naples, in said Collier C~ty, Florida, for · ~rJ~ of 1 year next prec~i~ the first ~[iceti~ of the attech~ c~y of ~verttse~nt; e~ elf fen[ further says t~t she has neither paid ~r pr~Jl~ any ~rs~, firm or c~rett~ any dJlC~t, re~te, c~tsst~ or refu~ for the ~r~le of lecurt~ this ~vertisement for ~[tCatt~ in the said n~s~per. P~L%SHEO ~: 03/28 'AD SPACE: ~8.000 INCH FILED Off: 03/29/99 of Affiant , / ' / ,,. S/'IR*98. lg NOTICE OF PUBLIC F~AR NG Noflce Is hereby given '.-o'mmlsSlo. t~rs Of Collier Co~n~', Will hOld (1 I~t.~ollc ,,~,llt~ O~ TUESDAY, L 13, I~, In fhe _~ .~. nm$~OtlOfl Building' Ceflfer~ ..1301 Ec~f Tomlc~nl TrOfl, F_k~'.ldo. The meeflr~g will uoord wi I evfln recmest.' Iflg a sfreet nome chon~e from 36th Ave- I ~.~'m Lone locked ~ Go, den Gore I Unit 30, In Sec~ofl 29 / Townshlp 49 SOufh' ~ Range 26 E~I ' /~OrE: A r~;~ns wish. . lng fo sOeok o~ onY ogen. "..do ~t~_m must register w~ me CCxmty od~inlsfr~or to sPeok ~o~ on ~ndl¥1du~ ~g~nlzotfon or ~'ou~ is en~ou~o{~:L If racoon zed by the Chalrmo'n~ o sookesoerson for o ~cx)p x orgonlzoflon moy be o~. m on Ifem. Persons wishing no~erfof~ Included In fha us! iubmif So d moterlol o minimum of 3 week~ prl~' fo tt'~ resoecflve public haD?lng. In ony (:gsa, w~en moferk~l~ I, fenOed to b~ ~hWed fo the aPs:~o,~lote _.g?~m'y ~toff 0 minimum puo, c r~3rln~. All mofe~l. m used lfl before the Boord will be- ~y ~ ~ ~cld. ~e ~d ~ ~ed a re. c~d M ~ ~e~l~ ~1~ ~e ~ o v~m ev~e ~ ~lch ~e ~p~l Is ~ BOARD OF COUNTY COLLIER COUNTY, FLOR~A PAMELA CHArWOmAN DWIGHT E. BROCK, CLERK B~/S/L~ Sfee~, g~ Clerk ~ch ~ Ho. 1373~0q ......................................... ~. ~... 17'7 ~7. ~-Z~ ~. 'Z;-:.-. '.; -.-i 7'7.77, ~; -: ~-; ~Z': ;% ~, ~ ~-.-; ~7; ............ · ............................................................................................................ ... ~,,,9~ ~ea~:n~s gefore ~CC ~r ~: :~t~:a~lng person ~o c~le:~ ~ne ~c~/ ~r.~ s~a~n Division Head approval ~.(o~e .ubmittlnq to Count', H.n. Qer. ,,~K: :, 1-qal ~o-,Jm-~' :s :n',olved, be sure that .c~nt~ ~ana~e.. ,he ~ana~e: ~ r~f,ice ~:~, ~lstr~Oute c~ples: . ,, , ' CourtS'/ ~ana~r ~3er.~a fi:e; ? ...... + ~eq'aes:;',,; S.s;~;c?; / ...... ? Date cf P.H. RESOLL'T[ON NO. 99. RES()I.UTION RENAMING ?~'. \VENUE .5.W 70 "COPPER !.E,\F L.\NE". WHIG'If STREET :S i.O('.\Tt!D IN (~OLODEN G..V[E ESTATES i_'NIT .'-,~ iN SECTION 29. TOWNSHIP ..:0 SOUTH. R.-XNC;E 2:~ EAST. ('.OLLIER COUNTY. FLORIDA. 'A'I'{ERE.-\S. :he Board oI County Commissioners is authorized pursuant to authority of Chapter .:36.~.L5. Flor\da Statmes. a~ name or rename streets and roads, except for certain slate roads; and '.W{EREAS. fi~c Bo;mi ,,~' \'-"runty ('omr'niss~oncrs has hccn rcqucslcd ~,~ corll]ml thc rcnaming of 26''~ Avenue S.W. ;o Coppc:- Leaf L,mc. This slreet ~s located in Sec\mn 29. 'Fov,'nship 49 Soulh, Range 26 East. Collier ~.'oumy. ,r:torida. Goklen Gale Estates Unit 30. according to the plat thereof, recorded in Plat Book :. Page 5S. of the Official Records of Collier County. FIorida: WHEREAS. there appears to be no street m ('ollicr Coumv with d;is name or any similar sounding name: and WttEREAS. Jt is necessary (or identification purposes to confirm thc name of this street, NOW TI'I'EREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSI,ONERS OF COI.LIER COUNTY, FLORIDA: The name of this street ~s hereby changed from 26~' Avenue S.W. to Copper leaf Lane and is confirmed as such. BE IT FURT}tER RESOLVED that fi,s Resolution be recorded in the Public Records of Collier Count.,,'. Florida. and noted upon the maps of the street and zoning atlases o£ Collier County, and notations made on the referenc_od Plat. This Resolution adopted after motion, second and majority vote. Done this day of . 1909. ATTEST: DWIGHT E. BROCK. Clerk Approved as to Form and Legal Sufficiency: ~O.,\RD O1: ('OUNTY COMMISSIONERS COI. LIER COUNTY. FLOP, IDA BY: Pamela S. MacKie. Chairv,,oman Assistant Count,,,, Attorney ~NR-OJt. I 2 RESOI.I'TIO~, TO: PAM PERRELL NAPLES pAILY ~W~ IFAX ~: 263-4703 $ OF ~E~~ l~q.f]~: LISA STEELE IX)CATION: CO~ CO[/N'i"f COURTttOUSE (941; 7~4-8408 {S~i) 774-8~0~ 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 13, 11999, in the Boardroom, 3rd Floor, Administration Building, Collier ~ ~County Government Center, 3301 East Tamlaml Trail, Naples, Florida. ~ . {~The meeting w~ll beg~n at 9:00 A.M. The Board w~ll consider Petition !SNR-98-12, Donna Devlin requesting a street name change from 26th Avenue S.W. to Copper Leaf Lane located in Golden Gate Estates Unit 30, ~in Section 29, Township 49 South, Range 26 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 · ~speak on an ~tem. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks -iprior 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 ~ ~i ~blecome 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 '~i ~lncludes~° the testimony and evidence upon which the appeal is based. {~BOARD OF COUNTY COMMISSIONERS :~COLLIER COUI.;TY, FLORIDA ~D~IGHT"" E BROCK, CLERK /s/Lisa Steele, Deputy Clerk i'~(S EAL ) "~/Naples Daily News ~!~}'1075'~' Central Avenue i%1, Naples, Florida 34102 'i~ Re: Notice o~ Public H_aring Dear Pam: consider Petition SNR-98-12 ;[: Please advertise the above referenced notice one time on ~,~March 28, 1999, and send the Affidavit of Publication, together with charges involved to this office. Deputy Clerk No. 113-138323-649i!0 Sunday, in duplicate, March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION NO, 99- 211 RESOLUTION RENAMING 26'h AVENUE S.W. TO "COPPER LEAF I,ANE", WttlCIt STREET IS LOCATED IN GOLODEN GATE ESTATES UNIT 30 IN SECTION 29. TOWNSIIIP 49 SOUTIt. RANGE 26 EAST. COlA.IER COUNTY, FLORIDA. WItEREAS. the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes. to name or rename streets and roads, except for certain slate roads; and WHEREAS, tile Board oF County Commissioners has been requested to confirm the renaming of 26~' Avenue S.W. to Copper l.caf Lane. This street is located in Section 29, Township 49 South, Range 26 East. Collier County. 12'lorida. Golden Gate Estales Unit 30. according to Ihe plat thereof, recorded in Plat Book 7, Page 58. of the Official Rccords of Collier County. Florida; WttEREAS. there appears to be no street in Collier County with Ibis name or any similar sounding name: and WHEREAS. it is necessary for identification purposes to confin'n tile name oflhis street, NOW TttEREFORE. BE IT RESOLVED BY TtlE BOARD OF COUNTY COMMISSIONERS OF COI.IAEP, COUNTY, FI.ORIDA: The name of lhis strc. cl is herchy changed from 26'" Avenue S.W. to Copper leaf Lane and is confirmed as such. BE IT FURTIIER RL:SOI.\"F.D that this Resolution be recorded in tile Public Records of Collier County, Florida. and noted upon the maps of tile street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majoriLv vote. Done this__ /J--ye:X. day of ~ . I')99. Attest ~s to Ch~ irman'$ ATTEST: $19nature ool.~. Approved as to Foml and l_egat Sufficiency: MarjorieJ~{. Student Assistant Count.',' Attorney SNR-9~I- 12 BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY. FLORIDA ...... alrwTall *** 2462638OR: 2535 PG: 1229 *** .;ECC~:,~ ~'. C?,UCi~L R~CO~,DS of COL~I~ COU~ll. Y~ CO)If~ 1.00 Naples Oaily Ne~s Haples, FL 34102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COI~HISSIONERS ATTN: TO~YA PHILLIPS PO BOX H13016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126491 578530~9 SNR-98-9 NOTICE OF P of Florida County of Collier Before the undersigned authority, personally al>peered B. LaM:~, ufx~ on oath says that she serve~ as the Assistant Corporate Secretary of the Naples Deity Ne~s, a daily ne~spaper published at Naples, in Collier County, Florida: that the attached ~ of Advertising was published in said newspaper o~ dates listed. Affiant further says that the said Hep[es Daily Hz, wa is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore b~en continuously published in said Collier County, Florida, each .day ar~ has been entered as second class mail rmattar at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the I~drpose of securing this advertisement for publication in the said ne~vSl~per. PUBLISHED 0~: 03/28 AD SPACE: 87.000 INCH FILED Of 4: 03/~9/99 Signature of Affiant .J ~ · SNR-9S-9 NOTICJ~ Of: PUBLIC HEARING Notice Is hereby given thai tt~e Beard of County Cornn)lsslo~er$ of ~Ul~ C~/, will hold opubllc he~lr~o ~ TUESDAY~ APRIL 13, 3~, In ~e B~Jrdr~. 3rd FI~, ~nt Ce~er 3~1 East T~ml~l Trall~ N~les~ ~n ~ ~ A.~ er P~l~on 5NR-9~-9~ E~ Devltn r~est- lng a street name (:~ ~ ~ Ave- r~ S.W. ~ W~ L.~e I~ In ~l~n ~e Esf~es Un~ 31, In ~h, Ro~e 26 NOTE: All ~r~ns wl~- I~ to ~ ~ any a~n- ~ Item must reglst~ w~ lhe C~ ~lnls~ PRI~ fO pre~ ~e ~n~ ~e~ to be ~s ~111 ~ IIm~ed ~ 5 to ~ ~ ~ ~ by the Chairman, o ~ 10 ml~es ~ ~ Persons wishing to B~d ogendo pockets must ~ ~ld o minimum ~ 3 w~ks ~l~ ~ ~ re~ttve p~lI¢ ~rlng. In ony te~ to ~ c~l~ed ~ ~ ~e ~e C~? st~ a minimum ~lc ~i~ A~ ~1- ~ ~ed In ~e~ ~f~e ~ ~d will c~ o per~e~ ~ ~e rec~ +~ ~d ~11 need a pe~olnlng ~ereto, ~r~e ~ ~ed ~e ~ a ve~m )s ~oe, ~[ch rec~d In- cl~s ~e tes~V ev~de~e ~ which BOAPD OF COUNTY COMMISSIONER S COLLIE~ COUNTY FL~IDA PAMELA S. MAC'KIE CHARWOMAN DWIGHT E. BROCK CLERK BV:/~; Ll~ Steele, COLLIER COUNTY FLORIDA REQUEST FOR [.EGAL ADVERTISING OF PUBLIC IIEARINGS :, .... To: Clerk to the Board: Please place thc follossin~ as a: .'CXLX Normal legal Advemscmcm (Display Adv. l~uon, ccc , Petition No. (If none. give brief descnpuon): Peuu~.ncr: ,Name ,g:. Address~ Donna Dex~lO 20u~ Avc~SW..x:a~-t116 Name & Address of any pcrsom si to N: not,fled by Clerk's Office: tlf more space ~s n~dcd, attach separate sbccO Heanng Ix:fore .'CXCX BCC Requested Hcar, ng datc __ Ne:~ spapcr[s~ Io :7c usco BZA . Other OI11% t1' iivi,Dorlan[ t Eased on ad~cmscmcnt appeanng 15 days before hcanng. X.,'XX Naples Daffy Nex~s Other [--] Legally Required Proposed Text: dnclude legal dcscnpnon 8: common Iocauon & Size: PelH~on No SNR-98-9. Donna De,din ~a slrcel ~ from 20m Av,;nue S.W to ',Vest_~an Lane located in Golden Gate Estates. Unit 31 m Section 20. Townshi_ 49 South R~n e 26 East Co. llier Count,,' Companion pcmion(s). ,fan:' & proposed heanng date: Doe..~ PeAiljOrl tScc include ad~cnlsmv cost'? ~'~Ycs ~ No If Yes. ~ hal account should be charged for advcmsing costs: '"1~2-649110 Re',lev.'ed by: Approved by: Di,,is:on Head Date Count.',' Manager Date List Attachments: DISTRIBUTION V,STRUCTIONS For hearings beforeBCCorBZA: Initiating person to complete one coy and obtain Divisiontleadapprovalbefore ~ubmitting to County Manager. Note: If legal document is involved, be sure that any necessar7 legal review, or requesl for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk', Office [] Requesting Division [] Original B. Other heanngs: Initiating Divas,on head to approve and submn original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USF~O~;LY: Date Rece,ved:C-,~ ]'r~(/lC'/ / Date ofPubl,c heanng: ..... :-%:2%a ~tR%';teE, -.1 r,-~Z,e -.: rename s~reets an~ ............ :wnzn:: ..- - .-~ Fa-]= S~ Sass, ;:Ll:=: 7: ...... =~'~;da Golzen Gate Es~a-:: ';n:- 2' 2.-2~ .... =--- .... ~ .......... acccrczn~ ~ %ne plat thereof, ............. l Sect:ss cf Esl~ County, Flcri~a; ............ er ]ounty with this name or any similar scu*4 .... ;-- ~;Hr~rzc, 15 :s ...... ~" for :centif~cat:on purposes to confirm the name of :his street, :IOW THEREFORE, . . - ...... : COMMISSIONERS OF ER COUNTY, FLCPiSA: The name cf this stree: :s heres'/ chanu~-~ from 2,1:~' Avenue S.W. to Westzort Lane and is rsnf~-~ as such. BE iT FURTHER ~=~O~';=~ tha~ -~¢ =~¢olu~:cn : rec::rded in the Public Reccrds cf Tci!~- Ccu .... ='-.-.~ ...... : ........ an~ ncse~i ':pcn %he raps of the street and zoninc a~!ases of Ceil:er ]sun%y, ~nd notatzcns made tn %he referenced Plat. This P. eso!utzcn actp%.%: ~ter r.~tlzn, 3eucr. c ~nc ralcrity vote. Done this ia./ cf , 1999. ATTEST: BOARD OF ~ ...... , -~'~o.. COMMISSIONERS :oLz::R ....... , '-~.~T,, FLORIDA ~E. BROCK, lief,< Pamela 2. >~acYie, Uhalrwoman Apprc';ed :s :s Fsrm :nc l.:::~l ' ' ~u ..... p. ~.,.: PAM PERRELL NAPLES DALLY NE~WR 263-4703 . lzl~J~[~: LISA STEELE IXE)C~: COT.r.'F'ITR C~ COUR'.L'JzLOUS']R March 1, 1999 Ms. Pam Ferrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearin9 to consider Petition SNR-98-9 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Lisa Steele, Deputy Clerk P.O. No. 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Count}, Commissioners of Collier County, will hold a public hearing on TUESDAYz APRIL 13~ 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 SNR-98-9, Donna Devlin requesting a street name change from 20th Avenue S.W. to Westport Lane located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 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 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. MACKIE. DWIGHT E. BROCK, CLERK BY: /s/Lisa Steele. Deputy Clerk (SEAL) March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners ,on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION NO. 99- 212 RESOLUTION RENAMING 20TM AVENUE S.W. TO "WESTPORT LANE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES, UNiT 31, IN SECTION 20, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is author]zed pursuant to authority of ChaDter 3~6,q~ Florida Statutes to name or rename streets and roads, except for curtain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm .[the renaming of 20TM Avenue S.W. to Westport Lane. This street is located Section 20, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates, Unit ~1 Subdivision, according to the plat thereof, recorded in Plat Book 7, Paqe 59, cf the Official Records of Collier County, .Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 20~h Avenue S.W. to Westport Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases cf Collier County, and notations maae on the referenced Plat. This Resolution adopted afte~ motion, seconm and majority vote. Do e th s · ............... , ATTEST:, sJgt~M. Ilre otl]y. DW~HT E.' BROC~ Cl~rk Approved as to Form and Legal .~ Sufficiency: Marjogie M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS~ C~LLIER COUNTY, FLORIDA /1/l ~ // /' 1/ , B Y: _.~ _ P~e!a S. MacKie, Cha:~woman *** 2462639 0R: 2535 PG: 1230'** CO~i!~ 1.90 Naple~ Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Ne~s 4- ? 'i BOARD OF COUNTY COMMISSIOUERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126491 57853205 SNR-98-7 NOTICE OF P State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ho on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/28 AD SPACE: 87.000 ZNCH FILED ON: 03/29/99 ~r ............................... '" ........ ; ............................... Signature of Affiant -"~ r/i ~, .~.;:..~;.,'. . 8~ET J. SILLS i 05 $NR-9~-7 NOTICE OF PUBLIC HEARING No41ce I$ hereby given thor the Boord of Courlty Commissioners of Co~ller County, will hold o ~lc heorlng On TUESDAY, APRIL 13, 1~9, In B~rdr~m, 3rd Fl~r~ Admlnls~ton Building, C~ler C~/ ~vern- menf Ce~er, 3~1 Eost Tomioml Trail, N~les Fl~ldo. The me~ing wi hln ~ 9:~ A.~. · ~d will er P~itlon SNR.98-/, lng a street nome ch~e ~rom 2~ Ave- nue S.W. ~o St~ Gr~s Lone I~ed In ~l~n G~e Est~es Unff 31, In ~1~ ~. To~shlp 49 ~, Ron~ 26 Eost. tIOTE: All ~r~ns wish- I~ to ~ ffi any own- ~ Item must reglsfer with the C~ ~mlnls~ PRIOR to Drese~l~ of the ogen~ Hem to be ~ess~. I~lvlduol ~. ers wlU ~ Ilmffed-fo 5 mln~ ~ ony Item. The se~l~ of an Indtvl~l to ~ ~ ~holf ~iz~ ~ ~ e~o~. ~ rec~lz~ by the Cholrman~ ~e~ ~ a ~ 10 mln~es ~ ~ ~ Hem. Persons wishing h~e ~lHen ~ ~hlc ~J~s J~luded In ~e B~rd ogenda packets m~t ~bm~ ~ld m~rl~ a ~lnl~u~ of 3 weeks prl~ to ~e re--lye pubUc heorlng. In ony co~, ~lflen ~erlofs te~ed to ~ c~sl~ered rn~Hed tO ~e C~ st~ a minimum ~ seven ~s prJ~ to public he~l~. All ~erl- gl u~ In ore~nt~l~s c~e o ~r~ ~ ~e rec~d. Any ~r~ ~o ~cld. ~e ~d ~11 ne~ a re- c~d ~ the pr~eedln~ pedaJnlng ~ereto, grid ~eref~ez ~v need to rec~d ~ ~e ~s ~de. ~tch re~ clu~s ~e tesH~y evlde~e ~ ~lch ~e 8OARD OF COUNTY CO~R~SSION~ S COLLIER COUNTY, FLORIDA PAMELA S. CHAIRWO~N DWIGHT E. BROCK, CLERK B~/s/Ll~ Steele, /~ D~Cle~ . _' ~,~ch ~ No. 1373240 ('OI.I.IER ('OL'F, TY FI.(}RIDA REQUEST FOR I.EGAL .xDVF. RTISING OF PI'BI.lC Yf): Clerk to the Board: Plcaw place the folhm in~ :Is a: ,D~spia> Adv.. locauon, e:c.) .~t ~.{ · · Petmon ':o ,I1' none. g;ve brier' dcscnpl~on~ S.',,'R-','~.- /~ P'mlmner Name (c ,.:.ddress~ Donna_[_3.%lm. 5S1~ y)':' -\Se, S\~': N:~pI_ea~_.~L :-;I It, Name & Address of any pcrsomsJ ~o be not fled by Clerk's Office Ill marc space ~s needed, atlach scrmrate sheetl Heanngt~tbre X.%~ BCC BZA / , qiher I ('GiT1D:~I~ 0[1[% I}' ,HlpO~3ml :(,XX Naples Da~lv Ncx~,s ~ascd on advemsemem :mpeanne 15 da~s before hcarm~ Olher ~ I. ctmll,. Rcqmrcd Proposed Text. tlnclude legal descnpuon & common iocauon & Size: Petnmn No SNR-'}X-7, DoA~Da Devlin requcsnng n slree[ name change frmn 2? Axenue S W ~o S~ar Grass Lane I~ated in Golden Gate Estales, Umt 31, m Seclion 20, Township 49 So~ ~nRe 26 EasL Collier Counw, Flofid'a. " Compamon ~mmn{s}. fram' & pro~sed heanng dale: D~s Pctmon Fcc ~ncludc ad~cmsm~ cos~'~ ~ ,~ No If Yes. x~ha~ accoum should hc charged for ad~crns~n~ costs 113.138312-64,}[ It) ~ ~ . Rcv~c~ cd b~ Apprm ed by D~s~on Head Date Coumv Maria,:er Date List Atlachmems: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BT_.A: Initiating person to complete one co,,' and obtain Division [lead approval before submitting to CourtLy Manaffer. Note: if legal document is involved, b~ sure thal any necessaD, leffal review, nr requet for same, i.s sunmittcd to Count., Attorney before submitting to County Manager. Th'e ,Manager's office will dislrlbut¢ copies: [] County Manager agenda file: ~o ~ Requesting Division [] Original Clerk's Office ... B. Other heanngs: Initianng Division head to approve and submit ong~nal to Clerk's Office. retmmng a cop.,,' for file b 7.2 au:hcr:.-_-... :f :haF-.e: !-_.;-.:~, -:'l.:-'~.:a £:a:u-=,:, '- name : rename streets ........ .'. ...... =-- _ il:'. :,',_-..':,~ :'2..3:~; >;H--F--A£, ::.e !::=` --ne ie."':.5.'T.,iT.: - .: . · ir-'. £e:'::.c..-...:, T:'...'::.::n-._: 4; .;:..::.-., ":~:7e £'~ £~--, ::ils. e: -;.'-.t';', ~'.- ..... --:-ace Es_;_.:=, .--.:.-_ :_ t ......... :"-", :t.::s::::.7 q' -.:-.e FlAt: thereof, -'-! ~ r i d=`; .................... :,:unt?, 'with this name or any similar soundir.~ ,-,=-me; and .............. ficaticn ..... :~r.~oo_s to confirm the name of this .... - NO,, THEREF'tFE 5E 'T F.ESCL'fED 5':' THE ' CCLLiER iCU:;TY, FLCF/2A: The nar, e cf 'r.~s s--~.=- is h~D,/ :hanced .... --- . ...... 4 Avenue S.W. to Star Grass 'Lane and is ;snfirme;: as BE ii EUR/HER FESCL','Ei %ha5 :h:s Fesoiutisn ce :eccrded in the Public Records cf Cc.~ '~- - ............. Fiirlda, and ' ~-~ ':Ton the maps of the street ~nd .......... =r ...... , hr.c nct~ti~:.s :'5~e '~n ~he referenced Plat. This Fe~clu::::: esl?qe~ ~fle: ..... ATTEST: i, Approved =`~ ~c :-c ..~ ' S ~ ...... -'. .'.et=.. uf- lclenc./: : Assistant County Attorne,,. f/SNR-g9-7 RESOLUT: 5Ni LOARD OF TOUUTY 7OMMISSIONERS 'COLLIER COUNT':', FLORIDA ?amela £. >lac?~le, Chairwoman PAM PERRELL NAPLES DAtI.Y .YEWS 263-4703 1~: LISA STEELE IX)CATIfIN: COLT.'r~P. COUNTY COURTtt0U-qR FAX NO: (941) 7~4-8408 Ptt01~E NO: (941) 774-84(]6 , ! March I, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Notice of Public Hearing to consider Petition SNR-98-7 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Lisa Steele, Deputy Clerk Encl. P.O. No. 113-138312-649110 NOTICE OF PUBLIC HEARING i~"i Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY~x APRIL 13L 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 · SNR-98-7, Donna De'/lin requesting a street name change from 24th Avenue S.W. to Star Grass Lane located in Golden Gate Estates Unit 31, in [~iJr.. Section 20, Township 49 South, Range 26 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 zo_ 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. MACKIE, CHAIRWOM~$ DWIGHT E. BROCK, CLERK BY: /s/Lisa Steele, Deputy Clerk (SEAL) March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertainin9 to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTiO,~ I~O. 99- 213 RESOLUTi9:~ RE~:At,;I]:G 2,1TM AVEI:UE S.W. TO "STAR GRASS :.?~F:", :';HICH STRFiET IS I,OCATED I~ C;Ol, OEIl GATE EST?:TKS, tJ:~IT 31, It~ SEC~IO~ 20, TO;';t~SHIP 49 SO[JT~{, UAt;(;!: 2~ ~]AST, COLLIER COUt~T'{, F LO ~ i DA. WHEREAS, the ~oar'J : :7:~u:~ty Co~missioners is authorized pur:;uant to ] authority of Chapter ~'~6.,)5, Florida Statutes, to na~e or rename streets and roads, except for certain state roads; and WHEREAS, the Board .~,~ ~>>u:~t%' commissioners has been requested to confirm the renaming of 24'~ A'/e~%,:,> L:.W. to f{t~r Grass Lane. Thls street is located in Section 20, Townsf~i? 4. l~uth, }~ange 26 East, Collier Co~:nty, Florida, Golden Gate Estates, Unit ]i Subdiv. ision, according to the plat thereof, recorded in Plat Book 7, ?a~:e 59, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar soundin.u nerve; and ~;HEREAS, it :': n~=ce~:',,:'/ i~!enti~ication p~rpos~: t.~? conf![rm ~he n~me of this street, ~IOW T}{EPEFORE, EE iT ~-EfJOL'/ED BY THE BOARD OF COU~;T'f CO~.1~4ISSIO~IERS OF COLLIER COU~;TY, FLORIDA: The name of this street is hereby changed from 2~'~ Ave~]ue S.W. to Star Grass Lane and is confirme-j as such. BE iT FURTHEP PESOL'/EZ. that this Pesolution be recorded in the [)ublic Records of Coi]]er Co~;r. si,., F]orida, arid noted ,~[v<):~ the maps of the street and zoning atlases of Co]ller '~<~:,t>', a~] notati~>ns m.]de o:~ the referenced Plat. This Resolution adc?:>?d ~]fter n~otion, second and majority vote. Done this /j~ day of __~__ -- ___, 1999. ATTEST: Attest ~ to Chatr~n'~ $ ~gnature on 17. 'Approved as to Form and Sufficiency,: ~arjo~ie H. Student Assistant County At:tome>, BOAPD OF r:OIJI,:T'f r~OLI].IE~ CO,],~'?'f, !.'i,OPiDA ,, /: ** 2462540 0R:I2535 PG: 1231 CO~II$ 1,00 Naples Daily Hews Naples, FL 3~102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COI~MISSI~ERS ATTN: TOe, IYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126491 5?853069 SNR-98-B ttOTICE OF P State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the Naples Daily Xe~s, a daily newspaper published at Naples, tn Collier County, Florida: that the attached copy Of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News ia a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously I~Jbltshed 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 ~dverttsement; and affiant further says that she has neither paid nor i?~, pratt.ed .ny person, f~r. or coporatton .ny dtsco~t, rebate, commission or refund for the ptirpose of securing this advertisement for publication in the said newspaper. AD SPACE: F~LED Off: 87,000 INCH 03/~9/9~ Signature of Affiant SNR.gI4 NOTICE CXe .Notice Is hereby given _n~ the Board of Coun~ co¢~mlsslon~.s of Collier Co~;~Y, '~11 hold hearing 0ti TUESDAY uoororoom, 3rd Aclmlnlstroflon Bu ding Co let Cour~ Govern: me,~ Ce,~er, 3~01 East Tomloml Trail, Naples, Florida. The meeting will begin of 9:.00 A. AA. The Board will er Petition .~NR.91.1 Donna Devlln re~luest: lng a street nome charge from 22nd Ave. i hue kW. to Sea Gross ~e _k~.ated ~n uote e:sfa*es unit se%q'lo¢l 20, TownshlD 49 South, Range 26 EosL NOTE: All Dersoe~ lng fo ~oeok o~ any ogen. da Hem must register with the County administrator PRIO~ ~ presentotlma of ~he n~enda Item to be I dressed. IndlvlchJol ~eok. ers will be limited to rn~nules on any Item. The selection of on lndlvloX~ol to speak off behoff of ancot,raged. It re(;ognlzed by the Chairman, 0 spoke~oe~son i'oe a or o~ganlzaflon may lofted 10 mtnutos to on on If em. Persons wishing to hove w~ltten or rnoterlats I~cluded In the BOard agenda PaCkets must Su~mlt sold m~erl~ a minimum of 3 weeks prlo~' fo ffw resoecflve publi'c hearing, In any ,-.att, wrlffen moferlofs In. tenaeo to be co~slderecl by. the Boar~ shaft be sub. I ?rned to the a,s~ro~rlate ~.ount~ staff a minimum I i:~o~1¢ hearing. All moterl. i~ol used In ~'esentaflons before rne COme o Permanent Port of the reco~'cL Any Person1 who clecld. es to appeal a decision1 of the I~Dord Will need a re. COrd of the prOCeedlng~ ~rta.lnlng thereto, and meremre~ may need to e,'asure mot a record at the proceedings I~ mode, whch recm'd In* eludes the tesflr~¥ ar',d ' ~id,enmr~.e ulaon whlctl the -_ ._,.o:)pe fo be bottd. I BOARD OF COUFITy COA,A,&AISSIONER S COLLIER COUNTY PAMELA S. A,qAC'KIE CHAIRWO~r~AN ' / DWIGHT E, BROCK CLERK ' l BY:/$/Lisa Steele~ Deputy Clerl, (SEAL)' [ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC I~'EARINGS To: Clerk to Ibc Board: ?lease place Ihe folh)~s in~ .X..'~LX Normal legal Advcmscmc:u (Display Adv. location, etc.) Petition No. (if none. gixe brief descnpuon): Pemion:r ~Name ff.' Addressl: pqnna Dcvlin, .~RI0 20'v' Ave., SW, Naples. FL 3~116 Name & Address of an.',' ~rsonts) to b¢ notified by Clerk's Office: ~If more space is needed, attach separate sheet) Heanng bc fore X."CX BCC Requested He,anne date -'~F '/ .... ~ ' Compl¢',e eniv it' impo~antl: Based on advemscmcnt appeanng 15 days before heanng .~'XX Naples Dadv Ncxvs Other [] Legally Rcqusrcd Proposed Text: (Include legal dcscrmuon & common location & Size: Petmon No SNR-Og-,'t, Donna Dcvlin requesting a street name chan~;e from 22nd Avenue S.W to Sea Grass Lane located in Golden Gate Estates, Umt 3 I, m Secuon 20, Townshiv 49 SOUl. Range 26 Eash Collier Count',', Florida. Compamon petmonts), ffany & proposed hcan~,g, datc: Does Pemion Fcc include advcmsmg casa L__.M~Ycs t~. No If Yes. what account should bc charged for advcmsing costs: 113-1383124-1911~ Revicxxcd by' Approx cd bx' Division Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead al)proval before submitting to County blanager. Note: If legal document is involved, be sure that any necessary, legal review, or reque: for same, is submitted to Count.',' Attorney before submittint: to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Dix%ion [] Original B. Other heanngs: Initiating Division head IO approve and submit anginal to Clerk's Office. retaining a copy for file. ~WIGHT~CK, Clerk Approved as to Form Su, ~ i c! enc.:.: msSlSta~ Co~7 7EZCLU?i~-:: "C '.:- rsuant to author:t7 -~ -, ]26. 2~ rlda Statutes, -~ name cr rename streets and ...... : ........ sslzn~-rs has Teen ' -~-. ~ _d to confirm , ~'.,':-.i?.ll i . -ill, 3~2].> 3J v:.,.. ''' ' ' '~ '' ..... lcrlda, ................. ~ .... iSlS.-,, ~ccsrJin~ Sc th~ uia~ thereof, recorded ~n Plat 5cch -, ~a~= 5~ ~= the "=~- ' -~ ~' ........ ia ~=~s cf ~ ' County, .,H~a~.=, there appears t~ be no stree= ~n C~iller County with this name or any similar sounslnc name; ~nd >;HEREAS, i~ ~s necessary for ~ - - ~-n~ificatlcn purposes to confirm the name of this street, ~,O,~ THEREECRE, "-~':~' .... ~CARD ST iSU:;T~ ..... MI~ '~ ~SiONERS OF 'COLLIER COUNTY, ~LCRiZA: The name cf This :~treet ~s nerebv chau~,~ . .=-~ lrcm 22nd Avenue S.W. to Sea Grass Lane and is ccnfirmeC as such. == iT FURTHER--~ .... ~ :{=oO~/~= that this Resc!utlsn he recorded in the Public Records cf Tciii-~r r ........ :,._. ...... . ......... ~, -:hq nc'e-j ';psn the maps of the street and ZOdiaC a~ ' .... ,--s cf Z'.ii , ........ ..... ¢'-.~-~/, aRd ~0%~%lO:;S made on the reCerenced Plat. Thls F. esoi,;t:tn ;:];n~c,¢~ ~fter mot;ch, -~e~:cn<: ~n:: major;:y '/cte. Done ~his cay of , 1999. ATTEST: BOARD OF "~ -v SS -~UN~. COMMi lONERS COLLIER COUNTY, FLORIDA BY: Pamela-. MacKie, Chazrwoman FAX 12C6 PAM PERRELL LISA STEELE LOCATI(/N: COT,T.T~ COUNTY COURTttOUS~ FAX NO: (9~1) 7;Z4-8408 PH01%~ NO: (94,1) 774-8406 March 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition SNR-98-8 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 23, 1999. and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Lisa Steele, Deputy Clerk P.O. No. 113-138312-649].10 NOTICE OF PUBLIC HEARI~G Notice is hereby given that the Board of Count}' Commissioners of Collier County, will hold a public hearing on TUESDAy, APRIL 13_x__ 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 SNR-98-8, Donna Devlin requesting a street name change from 22nd Avenue S.W. to Sea Grass Lane located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 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 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. MACKIE, CHAIRWOM~$ DWIGHT E. BROCK, CLERK BY: /s/Lisa Steele, Deputy Clerk (SEAL) 1,2 6 March 1, 1999 Donna Devlin 5810 20th Avenue SW Naples, FL 34116 Re: Public Hearing to Consider Petition SNR-98-8 Dear Petitioner: Please be advised that the above referenced petition'will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated'on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTiOH RENAMING 22nd AVENUE S.W. TO "SEA GRASS LAME", WHICH STREET IS LOCATED IN G)LDEN GATE ESTATES, UNiT 31, IN SECTigN 20, TOW:ISHIP 49 SOUTH, RAHGE 26 EAST, COLLIER COUNTY, FLORI DA. WHEREAS, the Board o~ County Co~.missicners is auuhorized pursuant to authority of Chapter 33~.05, Florida Statutes, to name or rename streets and roads, except ~ ~ ~o. certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 22nd Avenue S.W. to Sea Grass Lane. This street is located ~ in Section 20, Township 49 South, RaKge 26 East, Collier County, Florida, Golden Gate Estates, Unit 31 Subdivision, according to the plat thereof, recorded in Plat Book 7, Pace 59, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THERE?ORE, EE iT FESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from 22nd Avenue S.W. to Sea Grass Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, ~'iorida, and noted upon the maps of the street and zoning atlases of Collier County, and~notations made on the referenced Plat. This Resolution adopte.9 after motion, second ~nd majority vote. Done this __~ day of ~~_~ ..... 1999. Attest ATTEST: ~h~'lr~n ~ BOARD OF COUNTY COMMiSSiONERS ~ ~tgnatur~ only. COLLIER COUNTY, FLOP. iDA¢' / , Approved as to Ecrm and L,t,:~a' Sufficiency: Ma'rjor~ie M. Student Assistant County Attorney f/SNR-98-8 RESOLUTION/ 2462641 OF : 2535 PG: 1232 *** He HI ~.OO COtII$ R~t~: Naples Daily News Nap[es, FL 34102 Affidavit of Publication Naples Daily Neus BOARO OF COUNTY COHM[SSiONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1111389116490 57855921 92-80 NOTICE OF INTE State of Florida Co~Jnty of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves aa the Assistant Corporate Secretary of the Naples Daily Ne~a, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a nevspaper published at Naples, in said Collier County, Florida, and that the said has heretofore been continuously had in said Collier County, Florida, each and has b~en entered es second class mail 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 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 p~Jbltcation in the said newspaper. PUBLISHED ON: 04/02 AD SPACE: 119.000 INCH FILED ON: 04/02/99 ~ ....................... %T ........... ' ................................... Signature of Affiant .... ~ S rn to .nd Subscribed before ,e this day of,. fi 92-80 NOTICE OF INTENT TO CONSIDER ORDINANCE No,ce Is hereby given thor On TUESDAY° APRIL 13, 1999o In ~e Boardroom, 3rd Floor, Adminlstroflon Bulldln~, Cofller County Govern. mens Center, 3301 Easl Tomloml Troll~ Noples Ftorido, the ~3oord 01 Coun~¢ Commissioners 'wAll CO~$ der the enact- mens of o County Ordl- no, ce. The rneeflngA.WMIIt commence at 9:00 . . The t~e of rne proposed Ofd$nOnce Is as tollow~: AN ORDINANCE AMENDING ORDI- NANCE NO. 92-80~ AS AMENDED° PROVID- ING FOR TJ-~ ABILITY TO ESTABLISH MC~E THAN ONE COC;E EN- FORCEMENT BOARD ON AN AS NEEDED bASIS; PROVIDING FOR THE FORECLO- SURE OF: LIENS AFTER THREE MONTHS IF THOSE LIENS REMAIN UN- PAID; PROVIDING FOR SUPER PRIORITY STATUS FOR LIENS FILED BY THE CODE ENFORCEMENT F~OARD AS LIENS CO-- EQUAL WITH COUN- TY TAXES' PROVID- ING FOR 'CONFLICT AND SEVERABILITY; PROVIDING FOR IN- CLUSION IN THE CODE Gl= LAWS AND ORDINANCES: PRO- VIDING FOR AN EFo FECTIV~ DATE. CO~ et of the procx~ed Ofdlnonce ore on f le with the Clerk to the Boord Dod ore ovollot)le for InsPec- *Ion. All Interested potties ore Invited fo offend ond be heord. NOTE: All persons wishing to ~oeok on onv ogem3o item must regis- far with the Cm~ntv mlnlstrafor PRIOR °~t~ pres~nfc~ion of the DOan- do Item fo be addressed. Individual speakers will be limited to $ minutes o~ ony Item. The selection of on ndtvlduol to 5oeok on behalf of ~n ocgonlzotlon or grogl3 Is encourC~J~.d. If recognized by the Chair- rnon, a spo~espersOn for a group or orgonlzcrMon mo¥ be allotted 10 min- utes to speok on an item. Persons wishing fo hove wr~en or g~ophlc mcderlols Included In ~e Boord ogendo pack ets must submit sold molerlol o minimum of 3 weeks prior to the respective public heorlng. In ony case, written materlols In- tended to be considered be the B~¢d thou be m~ed to the ol~oro~rk~te County stoff o minimum of seven doys pdo~ to the public heorlma. All rnoterl- al used In presentofions befo~'e the B~3rd will N- come a ~ermorent port of the record. Any person who decid- es to oooeol a declslo~ of the Bo~d will need o re. cord of ~ pro<eedth~'s pertaining thereto and therefore, may reed to enst~re ~nat o verbatim record of the proceedlr~s Is made. which record c ude~ t%e testimony ond evidence ~ wh ch the ~ap~ec~ Is bosed. ARD OF cOuNTY COMMISSIONERS COLLIER COUNTY, FL OR ~C) A PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. I~ROCK, CLERK BY:/s/Ellle Hoffman, Deputy Clerk (SE. AL) April_2_ NO, 1 COI.I.II:.I~, COUNTY FIo()RID.'~ REQL'EST FOR I.E(;AL ..~I)VER YISl~(; ()F I'L'BI.IC TO: Clerk to thc Jhmrd: Plea~cpl:lcclhc f, dhmm,~ Xom~al legal ..~d~ cmsc:nc:~: (Dispby Adv.. Ioc~fion. c~c. ~ 5::! . Originatin= Dept Die: Code Enforcement Dept. Person M~chelJe .Xm,,id I)a~c 3 2t~ q,l Petition No. (If none. g;se brtefdcscriptmn}- ,Mnendmcnt to ~he Code Entbrccment th,ard pro~ ~dmg the ability m c~tabh~h more than .:":':~' one board and incrca>e the s~atus of liens tiled h~ Ihe Ilo,mt. Petitioner: (Name & ..\ddressl: i Name & Address of an': ?crsom.,,~ h'~ bc ~lott:Scd by Clcrk'~. ()H'i. cc: (If more sFace ~s needed..x::ach '~cp,lrate shcell l learing before ,: [iCC P,Z.\ Requesled llcarm'.: da~c' ~I½a,cd ~ NaT. les I).llJ', ~ Retie~ed b?: .\ 'pro',cd I 'Oltl!;'. ~ J.lll,12C; J),llC I)ISTRIIII "l'l(~,X I ", 5;'I'R I '¢'TI() x ~; t-'or ht'arin:4s hcfi)re lice f)r IlZ,'~: Inill:tlirl~ person I¢)¢ol'tlplcl¢ dJltt' ¢(l~ .ln(I ~hlal[l J)l~ r,,Ion IIc:td .ll)llr~J~:ll hr'fi]re submitlin~ to Cmmty .M:~rlat~t'r. Note: If Ic2al dOetlrllcnt ts invohcd, hc ,,utc that ;~n'. ne¢c,,'mr'. IC~:lJ re~ it'll, or re(llleM for same. i,; submitted t{i (',marx ~ll~)rm.", hcfnre MlJllllittlll~ Ill ('~)lllll% \];lll;l[~er. J'ht' 'M;lll;12t'r%, ~}l'fit't' I',.llJ di'~tril)ute copies: Clerk's Office __. J{t'(tut",.lln2 J)l'. I',.1~)11 --- ()ri21n;ll II. Other ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 9l-~{O, AS AMENDED, PROVIDING FOR TIIE ABII.I%' TO ESTABI.ISII MORE TIIAN ONE CODE ENFORCEMENT IIOARD ON AN Ag NEEDED BASISi PROVIDING FOR TIlE FORECI.OSURE OF I.IENS A~ER TIIREE ~IONTIIS IF TIIOSE I.IENS RE,lAIN UNPAID1 PROVIDING FOR SUPER PRIORITY STATIIS FOR I,IENS FII.ED BY TIIE CODE EN'FORCEMEN~ BOARD AS I.IENS CO.EQUAI. X~TII COl~' TANKS; PROVIDING FOR CONFLI~ AND SEVERABII.ITY; PROVIDING FOR INCI.US[ON IN TIIE CODE OF I.AWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WIlEREAS, on Octnhcr 2fl 1992, Iht Bnnrd nf Cnunly Commissioners of Collier County ndnpled Ordinance No. 92-g0, knn~ and cited n~ ~he "Collier County Code Enforcement Boards Ordinance": and WIIEREAS, Article VIII oflhe Constitution of Ihe S~31e nf Florida nmhori~e~ Florida cmmlies lo exercise hrn=d home rote pnwcr~; and WIIEREAS, Section 125 Ol(])(a) =nd ~), Florida Statutes, recogmzes thal the tnumernlion n~ powers m Section 12501(I), Florida &atule~. shall be deemed lo mco~orale all implied powers necessa0, or incidenl 1o cn~ nm such powers emsmer=led ~nd Ihat Seclinn 125.01, Florida &ntutes, shall be hbernlly conslmed in order ~o e~ec~ively cn~ oul Ihe pu~ose of Ihe Section and Io secure for Ibc cnun:ics ~hc brood exercise of home nde ~wcrs authorized hy ~hc State Cnnsfitulinn; and WHEREAS, pursuant In Seclinn 162.00(3). Flndda Stntuter, the Code Enfnrcemcnl Board may authorize ~hc County Al~nmey ~n foreclose nn unpa.I hens after ~hrcc (3) mnmht from Ihe filing o~such hens; ~nd WI[EREAS. ~IE ~OARD OF Cmmzy ('nmm~ssinncrs recognizes lhc nccd for Code Enfnrccmcn~ liens m have super prmri~y slalus cn-cqu~l wHh Ihn~c hcns filed ~or failurc In pay County NOW, TI1EREV¢)RE, lIE IT ORDAINED fly ]'lie BOARD OF CC)ll~"~' CO3I,MISSIONERS OF COI.I.IER COI;~', FI.ORIDA, thaL SE~IONO,N'E: Amendment~nSeclinn FIvenfC'nlller Cnun~yOrdlnanceNn. O2.~0, asamended, Section Five of Collier County Orchnancc No. O2.S0, a~ amended. :5 amended lo read ns follows: SE~FION FIVE: CompntIHnn: AppnlnlmcnZ ~nd Term* or Members. I. '~e Comm~s~mn may 0ppmnl nnc nr marc scvcn (7) member Boards wilh Zwo (2) nhema~c members. On~HJ.C01hc~C0un~_C0d~Enforccmcn~oard.l~crcb~cslabli~hc~nnd ~lmll-I~o~sinl~l.l,~d~(~m~,m. All members of Ibc ('nde Enforcement Boards shall he pe~ancnt residenl~ and cleclnrs nf Cnlhcr C'numy and shall se~'¢ wilhnul compensation. I arc added, v. nrd'. ~4n~,l.qh~,l~h are deleled NAPLES DAILY NEWS lgrJ%X mu: 2~3-~t 703 ELLIE HOFFMAN ~ 1~: (941) ,! March 29, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to Consider an Ordinance amending the Code Enforcement Board Ordinance 92-80 Dear Pam: Please advertise the above referenced notice one time on Friday, April 2, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Eilie Hoffm~n, Deputy C~erk Charge to Acount NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAYL APRIL 13 ~99_~9 in the Boardroom, 3rd Floor, Administration Building, Collier Col~nty 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: A/q ORDIN~JCE AMENDING ORDINA/qCE NO. 92-80, AS AMENDED, PROVIDING FOR THE ABILITY TO ESTABLISH MORE THAN ONE CODE ENFORCEMENT BOARD ON AN AS NEEDED BASIS; PROVIDING FOR THE FORECLOSURE OF LIENS AFTER THREE MONTHS IF THOSE LIENS REMAIN UNPAID; PROVIDING FOR SUPER PRIORITY STATUS FOR LIENS FILED BY THE CODE ENFORCEMENT BOARD AS LIENS CO-EQUAL WiTH COUNTY TAXES; PROVIDING FOR CONFLICT AND SEVERABILIIY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ~ 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: 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 ~rouo~ ~ organization ~¥ be -~.-~ted~. 10 ~inute~ to speak on an item. Persons wishing to hate 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 PAb~ELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK i!By: /s/Ellie Hoffman, Deputy Clerk ~(SEAL) ¢)RI)INA*'CE NO. 99- ,\N OIU)INANCE A,MENDIN(; ORDINANCE N(). 92-80. AS ASIENDEI). I'I(OVII)IN(; FOR TIlE ABIIA'I'Y TO ES'FAIH.ISII MORE TIlAN ONE CODE ENFORCEMENT IIOARI) ()N AN AS NEEDED BASIS; PROVIDING FOR TIlE FORECI.OSURE OF LIENS AIZI'EII TIIREE MONTIlS IF TIIOSE I.IENS REMAIN UNPAllh I'ROVII)ING FOR SUPER PIIIORITY STATUS FOIl IAENS FII,EI) BY TIlE COI)E ENFORCEMENT IIOARD AS I.IEN'S CO-EQUAl. WI'Fll COI;NTV TAXES; PI{OVIDIN(; i:O1~ CONFIA(TF AND SEVERAIHLITY: I'ROVII)IN(; FOR INCLUSION IN TIlE CODE OF I,AWS ANI) ORI)INANCES; PROVIDING FOR AN EFFECq'IVE DATE. WlIEREAS, on October 20 1992. thc Board of County Comm,ssmncrs of Collier County adopted Ordinance No. 92-80. kno~n and cilcd as Ibc "Collier County Code Enli,rccmcnt Boards Ordinance": and WlIEREAS, Article VIII of d~c (%rlstlluliOll of Ibc State of Fh.~da aufl~.r~zcs I'h,rM,~ c.u.l~cs to cxcrcisc broad home mit powers: ami WllEREAS. Sccthm 125.01 (3Jla) and (b). Horida Statutcx. ret.grazes thai tile cmJmcration of powers m Scctmn 125.0111), bTot'id~t ,~taltttt,~, shall bc deemed to mcorp.talc ail tmphcd powers ncccssa~ or incident Io carD' out such powcrs cnumcralcd and that Section 125.01. l'7oritfit .S)atutt. x, shall be h~rally construed in order Io effectively carD, out thc pu~osc of Ibc Scct.m amt Io secure lbr Ibc counties thc broad exercise of h.mc rule pop, ers ;mthorizcd by Ihc Slate ('onshltltlon; ;ind WIIEREAS, pursuant to Scctmn 162.09(3), Florida .¥httules, thc ('ode Enlbrccmcnt Iloard may authorize thc County Allorncy to Ibrcclosc on unpaid liens after three (31 mm~lhs fi.m ll~c I]lmg of ~.ch liens: and Enforcement hens Io hal'c super prmmy slalus co-equal ~ ~lh Iho~ hens tiled fi,r Ihflt.c lo pay C.unly taxcs. NOW, TIIEI,IEFLIItE, lie IT ORI)AINED il5' TIlE IIOAItl) OF COliN'I'Y COM,MISSI(INERS OF C()i,I,II.:II COt:NTY, FI.OIUI)A, that: SECTION ONE: Alncndmenl to Seclion Five of (Sdlier ('OIIIIly ()rdi.arlcc No. q2-80, as al.c.ded. Scclmn Fwc of ('olhcr County ()rdmancc No, 92-80, as amended. ~s amcmlcd t. read as billows: SEC~'ION FIVE: Composilion: Appoinl.lenl a,d Terms of Mcmhcrs, l. 'Ibc Connmssi.n may appoint one or more seven {71 mc.fi)er Boards wnh two 121 alternate members. O~~L~~ki'm~~:~~C~ ~[~l[~p~}ml~y-ll~Stm.u~.~ Ail members of Ibc (Mdc I~nlbrccmcnt Boards shall be permancnl rcs~dems and clcclors of Collier County and shall serve wilhoul cmllpellsatiOll. I Words Igldc. xJill~ arc added; words ~n~k4h.mgh are dclclcd. · 12C7 Members m.b' be rcmlhurscd fur such travel, flllJtJage all(.J per dl~lll RXJlRII~RS aS tll~y aUtJlorizcd, in advancc..by thc Conlmlsslon. 2. Prior to making ap~intmcnts to a Code Enforcement Board, thc ('ommissmncr's staff shall provide thc Comnnss~on with a hst outhnmg thc quabficalmns ami demographic background o~ each candidate for Board membership, ahmg wilh a hsl detailing the qualifications, demographic backgrounds and Icml cxp~ralmn of present members o[ a (h~dc Enfi~rccmcnt Board. 3. 'Iht appointment of members to a Code lLnforccmcnl Board shall be tnade on l]~c basis of experience ur interest in thc fields 1)1' zoning and braiding c(mlrol, t)r other areas as are rclcvant to Ibc codes of thc County x~hicb arc It) bc cnfi)rccd. 'lilt mcmbcrshq) ()~' thc ('ode Enforccmcnl Boards shaH. %~hcncvcr possil)]c, mclodc, hut ilt)I })C fi)rated t(>, ~m arc]lilccl, husillCSSllla~, a~ cn~lllCCr, a general conlracl()r, a subcunlractur and a 4. 'Ibc mil~al terms ofappmnlmenl oFmcmbcrs shall bc as J~ll.ws: l al T~vo 12) members appointed fur a term ufonc { I) )'car, (b) Three 131 momars appoinlcd fi~r a Ic~ o[l~o (2} y.~ars. lc) 'J'wt~ 12} members app~finled for a Icrm of three (31 ycar~. (dl One (1) ahcmalc member for a Icrm of two 12) ,"'cars and Iht uther attcmatc member for a lcrm of three (3))'ears, 5. In thc event any mcm~r's Icftu, including Ii,al u[ any alternate mcmbcFs term, expires during linc pendency ufa case(s) which has not reached conclusmn by a final yule, such mcm~r's expired Icrm shall bc cxlcndcd for the hmllcd lime and tut lhc hmllcd Purlmsc prcs~din8 over such pamcular easels) unll'l conclusion and final vote and Ibc tinle Ibr rehearing has pas~cd. In the event a rehearing ~s granlcd, such member's term shall cmmnuc h>r lhc broiled lime and ]l~lllcd purpose tu rehear IJl~ matter and reach concluslun by l]naJ Vole. 6 Alicr Jnmal al~pomhncnts, all apfmm'.mcnts shall be made h~r a ~crm of three howc~cr, that J;uthmg hcrcm 5hall prt~hdul any ind]¥]duaJ I~m~ bcmg rcaptmmtcd tu a lh);nd ~'acaI1ClCS ~JCCtlrrlng oll a ('ode l~iI~OrccmenJ Board shall bc puhhcl/cd, but nccd nul hc advertised, in a pubhcalion of general circuJallUn wilhm thc County, and vat,racy minces arc Io bc posted in thc County hbrarics and County Cou~lmusc, ,Members ol' a Code EnlBrccmcnl Board may bc suspended ur rcnlOVCd far cause by thc SEC"I'ION TWO: Amendments to Section Eleven of Collier County ()rdinance No. 9Z-80, as amcnll¢,(I. 8¢clion ILlcvcn ()r Coil~cr ('OUllty ()rdmancc N..92-80. ax amclldcd, i,, amt. ndcd It) read as follows: SECTION EIoEVE,N: I'cnalties. Words ~ are added; w~rd.~ ~,u'uek.~h~,~.~h ate dclc~cd. 1297 I. A Code Enforcement Hoard, upon notification by thc Code l!nforccmcnt Official that a previous order of a l]oard l~r a first violation has nol been c~m~phcd w~th hy ti~c specified tm~c. may order thc x~olalor 1o pay a fine which shall not exceed two huntlrcd fifty dollars (S250.00~ per day fi~r each day thc first violalmn continues pasl thc date set fi~r compliance; or in thc case ufa repeat violator, may order the repeat violator lo pay a fine which shall not exceed five hundred dollars ($500.00) per day for each day Iht repeat violauon continues, and a hearing shall not be neccssa~ fi3r the issuance of'the order. If a Code Enforcemcnl Board finds a violation to be ~cparable or i~eversible in nature it may impose a fine not It~ exceed five thousand dollars ($5,000 00) pcr violation. 2. In dctenmnmg Ihe amount of the fine, ff any. a Code l:nfi~rccmcnt Hoard shall consider thc following factors: 'l~c gravity ~f Iht violation; Any actmns taken by Ihe violalor Io correct Ihe vmlat~on; and (c) Any previous v~olat~ons committed by the v~olalor. 3. A ccflfl/cd copy oran order imposing a fine may be recorded in fl~c puhhc records and Ihcreaflcr consmutc a lien against the land in which the violation occu~cd or exists m~ manner as a coon judgmcnl by thc shcfift~ of lh~s Slalc. ~'lud~ngqe~'y-sg~,51 i~r~wm~-prope~t~ but sbalI no~ be deemed to be a court judgment except for cnfi~rcemcnl purposes. After ~ months l?om thc fihng of any such lien which remains unpaid, fl~c Code Enfi)rccmcnl Hoard may authorize thc County Allomey to fi~reclose on Ibc hen. No hen crcaled pursuant Io th~s Ordinance may be foreclosed on real property which is a homestead under Section 4. Article X of the Florida Conslilutlon. No lien provided under Ibis Ordinance shall c, ml,nuc for a pcrmd h~ngcr than twcnly (20) years after lhe certified copy of an order imposing a fine has been recorded, unless within that lime ao action to fi~reclose on thc lien is commenced in a courl of competent jurisdiction. '~c continuation of thc hen effected by the commencement of this action shall riot he good agamsl creditors or subsequent purchascr~ fi~r a valuable considcr~t,on wllhoul n~tJcc, onlcss a Notice of l.is l'cndcns is recorded. SECTION'I'Iil/.EE: Conflict And Severability. 'l]'~c provisions of this Ordinance shall be liberally conslrucd to cl'fcct~vely carry oul its purposes in lhc interest of public health, safety, ',,,'ell'are and con'~'cniencc. If any .u;¢ct~on, phrase, sentence or portion of tills Ordinance is fi)r any reason held invalid ~r unconstitutional by any court ,~f compclcnt jurisdiction, such portion shall be decreed a separate, distinct and independent p~)vist()n ami such holding shall not affect thc validity ~1' the remaining portion. SEC'I'ION FOUR: lnclusit)n in tile Code of Laws and Ordinances. Thc provisions of this Ordinance shall become and be made a part ~)f Ibc ('(~d¢ of Laws and Ordinances of Collier County, Florida. The sections of thc Ordinance may be rcnumbcred or rclcttcrcd to accomplish such, and thc word "Ordinance" may be changed to "Scclion." "Article" or any other appropriate word. 3 Words ~ arc added; words ~.trt~ok-4h~'o~gh are deleted. SEC'TION FIVE: Effective Date. .2C7 This Ordinance shall become effective ul;on filing this Ordinance with Ihe Secretary of Slate. PASSED AND I)I,?I,Y Al)OPTED by the Board of (.ounly Uommtssmn ~rs of Colhcr (.'oui:ty, Florida. this da,,' of 1999. A'ITEST: DWIGI IT E. ItROCK. CI.I'~RK BOARD OF COUNTY OF COLLIER COUN'I'Y. FLORII)A BY: BY: I~AMI£I.A S. MAC'KIF.. ('l IAIRWOMAN Approved as t. form and Icg;d sufficicncy: County Attorney I 4 Words ~ arc added; words t, lme. k4h~'m~gh arc deleted. ORI)INAN(~E NO. 99- 26 AN ORI)INANCE A.MgNDIN(; ORI)INAN('E NO. 92-80, AS A311~:NI)EI), PI,IOVIDING FOR TIlE ABILITY TO ESTABLISil MORE TilAN (.)NE CODE ENFORCEMENT BOARD ON AN AS NEEDED BASIS; PROVIDING FOR TIlE FORECLOSURE OF LIENS AV'FER TIIREE ,MONTIIS IF TIIOSE LIENS REMAIN UNPAII): PROVIDING FOR SUPER PRIORITY STATUS FOR I.IENS FILEI) BY TIlE ('()liE ENFORCEMENT BOARD AS LIENS CO-EQI:AI, WITII ('OI;NTY TAXES; PROVIDING FOIl ('ONFi,IUT AND SEVERABILITY; PROVII)IN(; FOIl INCLL'SION IN TIlE CODE OF LAWS ANI) ORDINANCES; PROV'II)ING FOR AN EFFE(TFIVE DATE.' WIIEREAS. on October 20 1992. the Board of County (-'ommtssloners of ('oilier County adopted Ordinance No. 92-Ig0. known and cited as the "('oilier ('ounty ('ode Fmforccment Boards Ordinance": and WHEREAS. Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WIIEREAS. Scctmn 125.01(3)(a) and (bi. l:t.rida Slatlttc,.~. rccognl/cs that thc cnumcrahon of powers in Section 12.5.01¢1}. l'7,.'ida 3'to(utes. shall be deemed m incorporate all implied powers necessaD' or incident lo carD.' out such powers enumerated and that Scctlon 125.01. I"lorida .¥1atutes, shall be hberally construed m order to effectively carry, oul the purpose of thc Sechon anti to secure for the countms thc broad exercise of home rule powers authorized by the Stale Conshtutum: and XVIIEREAS. pursuanl Io Section 162.09(3). l"lorfllct Statlae~. thc ('ode Enforcement Board may authortze the County Attorney Io foreclose on unpaid hens afler three 13} months from Ihe filing of such liens: and' XVIIEREAS, TIlE I~OARD OF ('ounty Commissioners recognizes thc need for Code Enforcement liens to have super prmrlty status co-equal with thm, e liens filed for fathlre to pay ('ounty taxes. NOV',', 'FIIEI~.EFOBE, liE IT ORI)AINEI) BY 'rile BOARD OF (';()lINTY COMMISSIONERS OF ('(}I.I.IER COl 'STY, FI.ORIDA, that: SECTION ONE: Anlendmeul to Section Five of Collier ('mlflly Ordinance No. 92-80, as amended. SCCllOn Five of Colher County Ordinance No. 92-80, as amended, m amended to read as Ihllows: SECTION FIVE: Composition: Appointment and Terms of Members. 1 'l~e Commissmn may appoint one or more seven (7) member Boards with two (2) alternate members. :]~ ~ · _ -~ . : - . - .~~ ~ ~~. '%-.: _ _~'~~-~. , . : ,~, . r .... ; ~~ ~ :;' .~¢~~,~~ ~~~t~ All mcmhcrs of Iht C'od¢ Enlbrccmcnt Boards shall be ~ancnt residents and elcclor~ of CoUicr County and shall se~'c without compensation. I Words ILadrdhar, d are added; words sra'ueg4tm~gh arc dclctcd. Members may be reimbursed for such travel, mileage and per diem expenses as may be authorized, in advance, by the Commission. 2. Prior to making appointments to a Code Enforcement F;oard, the Commissioner's staff shall provide the Commission with a list oullining thc qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications, demographic backgrounds and term expiration of present members of a Code Enforcement lgoard. 3. The appointment of members to a Code Enforcement Igoard shall be made on the basis of experience or interest in the fields of zoning and building conlrol, or olhcr areas as arc relevant to thc codes of thc County which are to be enforced. Thc membership of lhe Code [:-nforccmcnt l~,o:~rds shall. ,,,.hcncvcr possible, include, but not be limited to, an architect, a businessman, an engineer, a general contractor, a subcontraclor and a Realtor. a. The initial terms of appointment of members shall be as follows: (a) Two {2) mcmbcrs appointed for a term ofonc (Il 3'car. {b) Three (3) members appointed for a term of two (2) >'ears. (c) Two (2} members appointed for a term of three (3) years. (d) One (1) alternate member for a term of two (2) years and thc other alternate member for a term of three {3) years. 5. In the event any member's term, including that of any alternate member's term, expires during the pendency ora case{s) which has not reached conclusion by a final vote. such member's expired term shall be extended for the limited time and fi~r the limited pnrpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In thc event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reat:h conclusion by final vote. 6. After initial appointments, all appointments shall be made fi~r a term of tbrcc (3) years. A member may be reappointed by thc Commission for one { 1) successive term, provided, however. Ihat nothing hereto shall prohibit any individual from being reappointed to a I~oard after a hiatus of two (2) years. An appointment to fill a vacancy on a ('ode l'.'nfi~rccmcnt l~,oard shall be fi~r Iht: remainder of thc unexpired term of ofl]cc. AJl_stD..~I1 ..... Vacancies occurring on a Code Enforccmcnt l]oard shall kc publicized, but need not be advertised, in a pubhcanon of general circulation within thc ('ounty. and vacancy notices arc lo be posted in thc County hbrarics and County Courthouse. *Icmber~ of a ¢'odc Enforcement Board may be suspended or removed for cause hy the Commission. SECTION TX'*'(): Amendments to Section Eleven of (;oilier (;ouoty Ordinance No. 92-80, ,q in e n i~l (~,d, Section l!lcvcn nf Collicr ~'ounty Ordinance No.92.~0. as amended, i~ amended lo read as fi~llOws: SECTION EI.EVEN: Penallie~. Words ullcl" 'xillRcd are added: words stn,,c4-~.h are deleted. 12 ? I. A Code Enfi~rcement Board. upon nofificalmn by Ibc ('ode I!nfi~rcemenl Officml that a prevmu.~ order ,~t'a Board fi~r a firm vmlatton has nol been comphed w~fl~ hy thc specified ,me. may order ~be vmlalor to pay a fine which shall not exceed two humtred fifty dMlars ($250.00) per day for each day lhe first violation conlinues pasl tbe da~e se~ fi~r compliance; or in the case of ~ repeat vmlamr, may order the repeat vmlamr t~ pay a fine which shall not exceed five hundred dollars 1S500.00) per day lbr each day the repeat vmlalion conunues, and a hearing shall not ~ necessa~' ~or tbe ~ssuance of the order. If a Code Enfi~rcemenl Board finds violation to ~ i~eparable or i~evers~ble m nature it may ~mpose a fine nm Io exceed five thousand dollars {S5.(100 fl0} ~r violation. 2. In title, ming the amount of thc fine. ~f any. a ('ode Enforcement Board shall consider the following factors: (a) ~c gravity of the vmlatibn: Any actmns taken by thc v~olalor Io comecl thc vmla~mn: and lc} Any prcvmus ~'mlalions commfllcd by thc vmlalor. 3 A certified copy of an order tm~stng a fine may ~ recorded m the puhhc records and thereafter constitute a hen against thc land in which thc violatmn occu~cd or exists ~ be suer]or to Ibc interest on such parcel or oro~y of any o~cr. other ~rson except ~)cn of County taxes, and shall bc ~r~~~ ~~~~n:d ~~: and il may ~ cnfi)rccd in Iht same manner as a court judgment by lhe sheriffs oflh~s State. bul shall no~ be deemed to Be a courl judgment except fi~r cnfl~rccmcnl pu~oscs. After Ihrcc {32 months l?om ~hc fihng of any such hen which remains unpaid, ~hc ('ode Enforcement Board may authorize the ('~unty Altomcy to foreclose on thc hen, No hen created pursuant lo this Ordinance may be fi~rcclosed on real property which ~ a homestead under Section 4, Article X oflhe Hohda Consmulmn. No lien provided under this Ordinance shall continue for a permd longer than twenly {201 )'ears after the cemfied copy of an order imposing a fine has ~cn recorded, unless w~lhin thai t~me an ac~mn Io IBrccloqe on the hen ~s commenced m a court of competent jurisd~clion. '~e commuanon of Ibe hen effected by the commencement of Ih~s action shall not ~ good against crcdilors or subsequent purchasers fi~r a valuable cons~dcratmn wi~houl notice, unless a Nol~ce of [.~s Pendens ~ recorded. SECTION TIIREE: Conflict And Severability. ~he provlsmns of th~s Ordinance shall be liberally construed to cffectr,'cly carD. out ~ts purposes tn the mlcrest of pubhc health, safcty, welfare and convemence. If an)' Sechon. phrase, sentence or porlion of this Ordinance is for any reason held invahd or tmconst~tulmnal by an), courl of compclcn! .jurisdiction. s.ch lmrtlon shall hc deemed a separate, distract and Indcpcndenl pr~'.'r, ion antl such holding shall not aflkct Ihe vahtht.,, re'thc rcmamm,k, p~mmn, SECTION FO! 'R: Inclusion in the ('nde of I,a~.s anti Ordinance,,. The pro,,':smns of th~s O:dmance shall bccmne and be made a part of the ('ode of Iaws anti Ordinances of Collier County. Florida. 'Ihe sections of the Ordinance ma.',' be renumbered or relettercd to accomplish such. and the word "Ordinance" may be changed to "Scctmn.' "Article" or any other appropriate ""°rd. 3 Words I. lI~.Lillrdl are addcd; ',,,orals ~n~.4, lbc,mve4~ are deleted : SEC~'ION FIVE: Effective l)ate. This Ordinance shall become effective ut~m filing Ibis Ordinance with thc Secretary of Slate, PASSED AND DI.'I.Y Al)OPTED by Ihe Board of County ('omm~ss~oncrs of Collier ('ounty. Flor. ida.,.this/~ da5' o f ~.~h.~~. 1999. ATTEST: DWIGtlT E. BROCK. CI.I!RK ltte~t a~ to ChaSrman'$ s l~ature O~ l j,. BOARI) OF ('()1 tN'I Y ('¢LMMISSIONILR,N OF ('OI.I.IF, R ('()~. NI'Y FI.f)RIDA BY: ]'AMkI.A s. MAC'K~]~-. CIIAIRWOMAN Approved as to form and legal sufficiency: David C. Wcigel. County Attorney ',,V,'~rds ll[ldgIhQ.ed :'re added; word'~ ~n~h41.,~,*gh ar,: deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, ,Florida, do hereby certify that the foregoing is a true copy of: ORDINA/gCE NO. 99-26 Which was adopted by the Board of County Commissioners on the 13th 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 14th day of April, 1999. DWIGHT E. BROCK Clerk of Courts and '~lerk Ex-officio to Board ~f County Commissione~ " By: Ellie Hoffman, ~' Deputy Clerk ' ' Naples Daily News Naples, FL 34102 Affidavit of Publication Nap[es Daily News BOARD OF COUNTY COMMISSIO(IERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-30~6 REFERENCE: 001230 912501 5?855843 NOTICE OF PUBLIC HEA State of Florida Ccx~ty of Collier Before the undersigned authority, personalty appeared B: Loeb, uho on oath says that she serves es the Assistant Corporate Secretary of the Nap[es Daily Ne~s, a daily newspaper published at Naples, ~n Collier County, Florida: that the attached ropy of Advertising vas published in said newspaper o~ dates Listed. Affiant further says that the said Naples Daily ~Ne~$ ~a e newspaper published at Naples, in said iCollier County, Florida, and that the said inevspeper has heretofore been continuously ipub[tshed in said Collier County, Florida, each day and has been entered as second class ~atl at the post office in Naples, in said Collier County, Florida, for a period of 1 year 3receding the first publication of the copy of advertisement; and affiant further says that she has neither paid nor 3roatsed any person, firm or coporatton any rebate, commission or refund for the purpose of securing this advertisement for ipubL~cetton in the said nev~paper. PUBL[SHED ~t: 04/02 AD SPACE: 111.000 INCH FZLE0 C~: o4/o2/~ of Affiant ..;rI · ~/. ..... I Subscribed before ,e this C~ day of ~.~L~ to art(~ NOTICE OF PUBLIC HEARING Notice is hereby g:ven that the Board at County Commissioners of Collier County° will hold o I)t~blic heor~n~ On TUESDAY, APRIL 13, 1999, In the Boardroom. 3rd Floor~ A drnlntstroflOn Building, Collier C(~rff'v Govern. mens Center, 3301 East Toml¢~ml Ti all ~:lor ~Ja. The meeting will be.T~n at 9:00 A.NL ze Bcx3rd will co, laid- er ¢m in~erlocol Agree- ment between the Cffy of Nixies o~d Collier Courtl~' I~rovldlng for the sub~ec~uent Issu- ance of PD Zoning and DRI Develc~omenf ders by the City of Naples for the entire protect consisting of o morlrx3 with 450 dry Storage boy and 36 wet slips; mm'l. no and related ~oles, reL~fabranfS, marine construction Staging, or~ boot and marine soles o~sd rentals known Ham ton Boy, Fern and Donford 5treel~ In Section 22, 23 and 27, Townshl~ .50 $o,~n, RonDa 25 Ec~t within the City Nc~les, ColIler County rloriclo, cons;sting of 103 +/. ocre~ (md also Ioc.~ed In Secflcn 23, Township ~0 South ~on,3e 25 Eo~! w thin unlncorporof ed Collier Co~nty~ Flortdo, Con$1s. ting of 21 +/o acres NOTE: Ali per~,,o~,s whh. lng to ~cok on any eX] Hem must reglsfer with the Co~y odminlsh'~or PRIC.,~ ~o preserffotlon the o~endo Item tG be. dressed. Individual er~ will be limited to mln'gf_*5 on ony Item. The Selectlorl of on I~dJvlduoI to ~peok on b~h(31f of on Orgonlzc~tlc~3 or group IS encouraged. I! reco~/nlzed by the Cholrmon, o ~o<~kesp?rson for o group or or~3nl2oflon mo'/be al- lofted 10 mirv~des to speak on on item. Persons wishing fo hove written or groohlc rr~oferlols Included In the Board agenda packet-, must submit ~ld mcderlol o minimum of 3 weeks prior to the respective public hearing. In any case, wrlffen moferlofs In. tended to be taft,dared b-/ the B<x3rd shofl be sub- miffed to the ol~ro~'Jote Count'/ staff O minimum of ~even days prior to the Public hearing. Ail moferl. al used In !oresenfotlons before the Board will be- come a permanent port of the r e<:brd. Any 13ers(x1 Who decld- es fo appeal o declslon of the Board will need o re- cord of the proceedings pertolnlma thereto and therefore, may need to ensure that (3 verbatim record of the proceedlrlg~ s mode, which record In- dudes the testimony o~d evidence up<hn Which ~he ~c~AeoI Is fo be based. RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PA/¢ELA S. CHAIRWOAAAN DWIGHT E. BROCK CLERK BY:./,~1 EIIle Hoffmon, Deputy (SEAL) ~et~t::n-r: ~,a~- , ,:~.:,,:- : ........ George--¥ar-nadoe_, -¥oung,--VanAssender-p-,¥arnadcc- 801 baurei Oak Dr~ve, Su~e 200 Naples,Fla. 341~ ................... Iii mO:~ ~:e r.e,ze:. ~:tazr. ~e~ar:.'.e :.r,~t. Collier Enterprises 3003 N. Tamaimi TraJ .......... Naples)Fla.. 3~103 OF NAPLES AND 2OLLiEU CrMtiT% ~'~J'¢iZiEG F'?~ ~kE SU~ZK~UKN~ :SY.'AN:E OF [~. %~fJ[~:~. ~elq ~R~ DE';ELOf~ENT ORDERS SLIPS; ~ARiNA AND :.E~.TED JALKS, ~ESTA'JRANTS, "A~iN~: CGtI~T~JCTiCf: 3T~Gi~;O, AND BOAT A?/D MARINE SALES ~ENTAI.S, :.sNO',,.,-: AS q;-NiLTGN .'.~A~PC.~ L%CATEL ')FF OF ~:A':'. }'E~'; ;';D iA:,F.UPD 2T;:EETS :H SE.CTIOflS 22, 23 AND 27, TOWNSHIP 59 SO~/TH, ~';GE :5 EAST NiTHi,'I THE :IT'; OF !;APLE3t :Ctl,:-2~ ?O'JqTf, F;.O~:DA CONSISTING '?F 103.~ ACRES ALSO LOCATED :N SE,TTi~'M; 1.3, ?~Wh'JHiP 5,3 2r/JTH, A~lqg 2~ EAST WITHIN VNi~;C')RPORATED COLLIER C~JNTY, FLORI~z CONSiSTiNG OF 21~ AC~E2. ....... "' 2.9. copy for f;le ............. CLERK'S OFFICE USE ONL',' / Date Received ~ //~/~.3" iZg8 AN INTERLOCAL :\GREE~IENT BETWEEN 'FttE CITY OF NAPLES ,.\NI.) COLI,IER COUNTY PROVIDING FOR THE SUBSEOUENT ISSUANCi-~ ()F PD ZONING AND DRI DEVELOPMENT ORDERS BY Tile CITY OF NAPLES FOR TIlE ENTIRE PROJECT CONSISTING OF ,,\ NIARIN,,\ WITH ,150 DRY STORAGE BAY CAPACITY ..\N'D 36 \VET SLIPS: .X, IARIN,,\ ,,\ND f:LELATED SALES, RESTAUR,.\NTS..\'~.'\RIN'E CONSTRUCTION SI'.-\GING. ,,\ND BOAT ,'\ND ,~,IARi'N"E SALES ,AND RENTALS. IG'x,,OW'N AS ttANIILTON HARBOR LOCATED OFF OF BAY. FER.N AND DANFORD STREETS IN SECTIONS 22. 23 AND 27, TO~'~'SHIP 50 SOUTH. RANGE 25 EAST WITHIN TIlE CITY OF NAPLES. COLLIER COUNTY. FLORIDA CONSISTING OF 103~ ACRES AND ALSO LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH. RANGE 25 EAST WITHIN UNINCORPORATED COLLIER COUNT5'. FLORIDA. CONSISTING OF 21::t: ACRES. ~0(~0~:, NAPLES DAILY NEWS 1;'A~ ~): 265-4703 ELLIE HOFFMAN March 18, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearinc to Consider an Interlocal Agreement Between the City of Naples and Collier County Dear Pam: Please advertise the above referenced notice one time on Friday, April 2, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~llie 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 13, 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 an Interlocal Agreement between the City of Naples and Collier Count}. providing for the subsequent issuance of PD Zoning and DRI Development Orders by the City of Naples for the entire project consisting of a marina with 450 dry storage bay capacity and 36 wet slips; marina and related sales, restaurants, marine construction staging, and boat and marine sales and rentals, known as Hamilton Harbor located off of Bay, Fern and Danford Streets in Section 22, 23 '3' and 27, Township 50 South, Range 25 East within the City of Naples, Collier County Florida, consisting of 103± acres and also located in Section 23, Township 50 South, Range 25 East within unincorporated Collier County, Florida, consisting of 21+ acres NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. 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 So MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) LNTEP, LOCAL (;OVI. iRNMENI' A(.}BEEN!ENT 'lhis Agreement. is made and entered into this __ da'. of_ .............. . 1990. by and between the Cit.'.' of Naptcs. Florida. a municipal corporation t"City"h and ('oilier Connty. a political subdi'.-i~,ion of the State of Florida I"Count>."). pt'rsuant to the authornv set li~rth in Sections 125.01. 163.01 and 163.3171{31. Florida Statutes. 1997. R f! C I T A I. S: A. Collier [(nterprises. a Florida corporation {"l)cvelopcr"}. proposes to develop "tlamihon l larbor", a Planned Development (PD) containing both wet slips ami tip..' stornge for boats, landing facility for marine related construction, boat fueling facility, small restaurant, and ancillaD- facilities, such as marina office and store. (hereinafter referred to .'~s the "Project" or "1 lamihon 1 larbor"}, which qualifies as a d}velopment ofregional impact (DRI} pursuant to Section 380.06. Florida Slatutes. B. Approximately 103 acres of the proposed [[amihon [larbor are located whhin the jurisdiction of the Cit.,,' of Naples and approximately 21 acres are Iocaled within the jt, risdiction of Collier Count>>>'. Florida. C. The City and the Count}}}' recognize that the water access and shoreline ofthe Project and the majorit.v of the land o, reprising this Project are v.'ilhin the jurisdicIMn ol'fl~e City of Naples. and that most of lhe resources Ihat may be impacled by the Pro.jeer are localcd within Ibc Cily of Naples. D. The City and County recognize that implementation of the Masler Development Plan for the Project will require the Developer to obtai n from the Cit.,,' and/or County cerlain governmental approvals of the Project Chereinafier "Project Approvals") which are defined to include the following: Comprehensive plan amendment in the Cil}'. f2) Rezoning to Planned Development bv the Cit>'. (31 Plan~ed Unit Development zoning amendment by the County. (4} DRI development orders issued pursuant lo Section 3g0.06. Florida Statutes (1998). by both the City and County. (St Site dcvcMp, mcnt plan approvals, building pcrrnil~ and olher development orders or approvals I'mm thc CiB nnd County pursuant It) their rcspecli,.c I.aml Development Regulations. E. (;oilier County has reviewed the proposed project, including tile land uses. heights. densities and intensities to be allowed within the portion of the Project located within Collier County and has requested that the City process and adopt PD zoning for the entire project, including that portion lying within thejuri.~diction of Collier County. Further. Collier County requests lhat the (_'it)' issue a I)RI Development ()rder fi~r the entire 124 acre project. ~',hen appropriale. F. Thc County and the City agree that in order Io assure an -rderly pr,tess, ensure c~msislcnt development standards and prpmole govem.~ental efficiency. Iht retorting and DRI review and approval procedures fi~r thc entire 124 acre project, including Ihat p-rfi~n ~fflhc pn~iect within thc jurisdiction oFCollicr ('~unty. should ~ conduclcd by ~nc governmental entity, that being thc City ~f Naples. N(~W. TIII~Ri~FORE. in consideration of thc public benefits to he realized IFr~m the coordinated planning and review. Collier County and thc City ~q' Naples hereby agree as Ii~llows: l. 'l]~c Recitals are adopted and incorporated by rcl~rcnce as i frcpca~ed verbatim herein. 2. Thc City ,f Naples shall process ired review Iht App/icati,n fhr Dcvclt~pmcnl Approval and Planned Dcvcl,pmcnl retorting petition ~o be filed by the Developer. Collier Enlc~rises. and the City shall issue the Development Order and Planned Development Zoning Ordinance for the entire t lamilton f larbor prnjccl. ]~c legal description fi~r Ik~milton l larbor is attached as Exhibit I and the legal description For that pan of llamilton I larbor solely within lhe jurisdiction of C-llicr County is'attached as Exhibit 2: both ol*whJch arc inco~rated by reference. '['he City's Development Order and thc pD Zoning Ordinance fi~r thc area within Collier (;,unty included in thc Project. shall m~t exceed thc nscs. heights, intensities, dens/t/cs and approximate locations offiacilifies as set Forth in Exhibit 3. Development Parameters and Master Plan. a c~py of which is attached hereto and incorporated by reference. Following the City ~ff N~plcs' adopt/on of a PD Zoning Ordinance anti DRI Development Order for the pr, jeer. thai is consistent with development standards, omdifi,n~ and I[milafi~ns scl /~rth in ['~xll~h~l 3. ~le ('-untv shall ad,pi a PUD zoning amendment and a 1)RI l)cvelopment (]rdcr Ihat implement and arc c-nsistcnt Agreement and thc City ol'Naplcs PI) Zoning ()rdinance and Development Order and which assure their applicability to thal ~nion of thc Project located within thc C,unty. ll~lh panics understand and agree that the adoption of zoning and the issuance of a DRI development order may occur at different times. 3. Thc City PD Zoning f)rdinancc shall spccit? a single set -f'suhstantivc standards fi~r horizontal and vertical dcvclopmcnt of thc Project. including standards fi~r st:bdivision master plans and site development plans, that shall apply to thc entire marina project. 4. Building and devch,pment permits for venical/slructure construction For the Prqject shal be subject to processing, review and approval b;' thc local government wilhin whose jurisdiction thc pmpcmy ~s located on x~hicb such buildin~ or development permit is requested. utilizin~ the applicable standards set lbrth in the PD Zoning Ordinance. fi. The City of Naples shall have sole jurisdiction to process any pr-posed amendments to the [ [amihon l{arbor I'D Zoning Ordinance and DRI Development Order. including changes that constitute substantial deviations pursuant to Section 3g0.06~191. Florida Statutes. whether or not pro~ny within the County is affected and such changes shall be effective within the Count),. provided that the proposed changes do not exceed the development standards scl [bnh in Ibc attached Exhibit 3. In thc event that changes are pro~sed to the PD Zoning Ordinance or DRI Development Order on land located within Collier County. and the pro~sed changes exceed the development sro ndards set fimh in Exhibit 3. then the County shall have authority to review ami approve proposed' amendments to its development order ancot the PUD Zoning Ordinance applicable to portions of the project within the County's jurisdiction. 6. This Agreement shall be effective for a period often ~ I O} )ears I}.m the day and year first above written. AI-H~ST: BOARD OF COMMISSI(INERS COLLIER ('OUN'I Y. FI DWIGI IT BROCK. Clerk I)AMEI,,\ S. MAC'KIE. Cbair,.voman Approved as to form and legal sufficiency: DAVID C. WEIGEI,. Count), Auomey A'ITEST: CI'I'Y ¢.q: N.,\I'I.liS. FI,ORIDA · Clerk Approved as Io fi~rm and legal sufticiency: By: WII.[.IAM IIARNI'YlT. Mayor KENNETII B. CUYI.F.R. (.'it>' Attorney EXHIBIT "1" f)escr~pt,oa ,,f part ofSecuons ZZ. 23 and 27. To~nshlp 5u Soulh. ( for Colhcr All tim[ para of Sccuons ZZ. Z3 and Z?. To~nsbip 50 Somh. Range 25 Enq. Collier ('ounlv, Florida bcmg more pnmcularI)described as ~bllo~s ' Bc~mn,n~ at [l~c southeast corner of smd Sccuon 22. /hcnc~ along tt~c east hn¢ o/'s;~d Sec:ion 27. South 00025'29" West 232~ ~,(, /hence [ca~ing said section line ~oufl~ xge32'la'' West 12SS 5S thence No~h 00027'34.. West 3] I 71 /hence no~hcas~crlv S.Ir, Ul ~cct along thc arc o~a tangential c~rcular cunt concave It) thc southeast Imvm~ a r;dms of ~00 oO t~'c~ d;rou~h a central ~n~lc oK ~0°39' 19'' and bcm~ sublcndcd b); chord ~lnch bears N'o~h 20~52'o6'' East xo7 ~I IL. ct to ~ po,n~oK rc~crsc cu~amrc. radms of 75o 73 fcct fi~roueh a central ;mgic of 77'~ (1'46" and bcmg subtended h~ a cb,rd ~qtich [)cars Noah 21:36'21" East u3,, 52 Icc:. thence Noah 1fl=5,~'02'' X%st 45~ 59 feel. thence Noah 50'00'29'' East 226 72 feet: thence northeasterly l 13 41 fk'g[ along the are ora tnngenual circular cur~e concave l.:} the having a radius of 150.00 feet through a central anule of43~lg'0g'' nnd being subtended by a chord bears Noah 2g=26'a3'' East 110 73 fuji to a poim gfcompound cunaturc. thence nonhertv 320~9 feet along tl~e arc ofa tang¢nUal c~rcular cur~e concave ~o the ~st baying a radms of 4S0 00 feet through a central angle of 3~lg' 13" and being subtended bra chord ~d~ich bears Nonb 12~21'57" West 31495 feel to a point of reverse thence northerly I09 67 tbet along the arc ora tangential circular cu~e concat ¢ to thc east having a radius of 100 O0 feet through a central angle offl2~50'20'' and being subtended by a chord ~dfich bears No~h 00~05'5~'' kVe~t IU4 26 I~ct ~oa point of reverse cu~.ature: thence nonheasterl? 171 22 fcct along the arc ora tangcnual circular cur~c concave t( ~e wcsl having a radius of I gO00 feet through a central angle Of 54030'00.. and being subtended b~ a chord which bears No~h 0a'04' 16" East 164 g3 thence Noah 23~10'44'' West 123 O1 thence no~ln~esterk and eastcrl~ 1~7 05 l~cl along Iht arc ora tanggnl~al c~rcular cur~e concave to somheast hat mga radms oK I~;0 ol; lk'ct through n central angle of 112=54 'ou" and bcmg subtended by n chord ~tnch bears Noah 33~Ir,'IC' East 166 6g Ibcl. ~hence Nouh X9~4~' I ~" Eaq 110 00 d~encc cas~cd5 and norlh~cstcrN 213 10 ibc[ along thc arc ot'a ~angcnI,nl c~rcular cur~ concave lO die nonh~tcst ha~mg a radms of l r~O O0 IL'et lhrough a central angle oK 122=o6'00" and bcmg subtended by a chord ~duch bears Noah 2~°40'1q'' East ]75 O l I~ct to a point o( re~crsc thence northerly and nunhcastcri? 7g 69 Kc'et along thc arc ora lant, cm~al circular curie concave to thc east having a radms oK 50 00 lbct dwough a central angle of 00'10'20'' and bcm~ sublzndgd bra chord ~hich bearsNo~h '= "~ "HastT0 1~ 4_ _6 x2 ' thence No~h 57:47'36" East 67 46 ibc. t: thcnc~ no.horN and nort}mcstcri> 194 Ij[ t~c[ along the arc ora tangcrmal c~rcular curxc concave to thc ~cst ha~ng a radms of 75 00 I'cct through a central angle of 14~°12'45'' and bcmg subtended by a chord ~hich bears Noah 16~lg'46'' kVest 14427 t~ct; ' thence South g9~34'5 I" West 30 00 thcncc~csterl5 andsoutl~cstcrl~ 157081~ct along the arcofatangcnualc~rcularcu~cconcavetothc southc~t having a radms of I00 O0 t~ct through a central angle of 90~00'00'' and being subtended by a chord ~l~ich bears South 44~34'51'' West 141.42 feet: ' thence South 00~'25'09'' East 169 99 feet: thence south~estcrl)62 9X feet along the arc ora tangcnual c~rcular cu~e concave to I}~c noNhwest having a radms of 50 00 t~ct through a c:mral angle of 72° 10'2X" and bcmg subtended b~ a chord which bears South 35=40'05''W¢st 5g 90 feet. ' thence South 71 °45' 19" West I I ~,~4 thence south~cstcrl~ and Souli~crlx 24X 54 l~ct along the arc ora tanecnual c~rcular cu~c concave to thc southeast haying a rndms of 15o ~o tL'ct dwough a central angle of q45'56'03'' and being subtended by a chord ~h~ch bears South 24: t 7'Ix" West 221 O7 thence South 271~Y44" East 123 .~ d~ord ~luch bears Sou:h ]4:4S' 14" Wes[ X417l l~ul lo ~ pom~ of compound cu~m~c. thence no~h~scstcrl~ 256 uX ::cut along the arc ofa t:mucntial circular cunt concave to the no,beast haxmg a radins of220 e,u :':ct thmuffh m central angle ~f66~41'32'' and being subtended bra chord xd~ich ~ars No~h 54c02' IO" Wc~t 241 ~7 leer: fience No~h 20°41'24" West 195.01 feet: thence nonheastcrt5 31233 feet along the arc ora tangential circular cu~c concave to the east having a radms of 2gO.00 feet through a central angle of63~54'40'' and being subtended bx a chord xYhich bears Noah 11015'56.. East 29639 tgct to a point of rexerse ct~aturc: thence nonheasterls, norlhcrlx and nonh~esterlv 516 02 feet alone the arc of a tanecnt~al mrcular cu~e conca~ c to the x~ cst ha'.~l~g a radius of 300 OO f~ct through a central anele of gxc33'(~g" and bmng subtended bx a chord xd~ch t:c:~rs No~h U6~O3'lg'' ~t~s[ 454 72 igor. thcnc~ No~h 5719'52" West f2x t~5 feet. thence North 02:23' 16" East 275 U2 IL'ct. thence nonheastcrl% 77 62 f ' ~ct a,ong the arc ot'n taneent~al arcular curie concaxc to thc southeast having a radms et'50 O0 l~ct through a central angle of g~c~7'04'' and bcmg subtended b5 a chord which bears No~h 46°51 '4~" East 7, Jm t~'ct Io a point ofrcxerse cu~'aturc: thence no~heastcrR 731 46 iL'ct along thc arc ora tangcntml circular cu~c concave t. Ibc norlh ha~ing a radius of 1200 OO FccJ through n central angle of34~55'29'' mid bcmg sub:ended b5 a chord ~duch bears No~h 73032'36.. East 720 19 tbct to a pmnt of reverse cunature: concaxc to the x~cst ha~ mga radms of 5U O0 fc~t through a cumral m~tc of I ~4:3~'4t~" and being subtended by a chord xduch bears North 20052'02.. West 97 55 tgct to a point of rc'.crsc cu~aturc; [l~encc ~kustcrlx and no~hcas~urlx 71 ) I fec~ along thc arc ora tanuunnal c~rcular cu~ c concave to lhu chord x~h~ch bears No~h )9:~4'~6" Wcsl ~0 60 foul. ~hcncc No~h I~)~'2)'' East t~ 4~ l~cL thence N'oNh 13=49'59'' East 340 07 reek thence 5o~h 07=00'50'' East 16159 test: thence Nortl~ 82059. I0" West 35 O0 tgel. thence Noah 07~00'50'' East 14 ~4 feet: thence Noah gg°lg'5 I" East 527 45 feet. thence South 00~13' 12" East 3~5 51 feet. thence No~h 80~24'52'' East 1333 23 f~. thence No~h 00~32'30'' West 30 OO Eccl. thence No~h ~9~24'52" East 50 OO feet. thence South 00032'30" East 537 45 l~el. thence south g9:29'24" West 916 4g leer. thence South 00=06'04.. East 453 OO feet. thence south 89'29'24" West 470 0J (ec~; thence South 00006'04.. East 2039 29 t~'ct lo Ibc Point of Beginning uf thc parcel hcrcm described. Subject to casements and rcsmct~ons of record Containing 124 29 acres more or less Bearings are based on thc Ce~tficate ofauthor~t~on =LB-43 \VILSON. MILLER. BARTON & PEEK. INC. Registered Engineers and Land Sur'xc.~ors Ret' 4 No[ '.ahd ulllgss ,.'mbos~cd v,~:h thc J)rol~'ss~OtlaJ's seal EXHIBIT "2" Description oft,~art of Section 23. To~vnship 50 South. Range 25 East, Collier County. Florida Ail that part of Section 23. Tov.'nship 50 South. Range 25 East. Collier County, Florida. being more particularly described as follows: Commencing at the soudv.,.'est corner of said Section 23; thence along the :,,'est line of said Section 23. Nord~ 00°06'04'' West 2039 29 feet to d~e Point or' Beginning of the parcel herein described; thence continue :d~mg said section line in thc l~.fllo,.ving lwo described coursesl I } North 0&06'04" \Vest 053 OI feet: 2) Nomh 00~'13'12'' \\',:st 305 62 feet; thence leaving said section line North 89°2.1'52.. East 1333 23 feet. thence No~h 00~32'30'' West 30 OO feet. thence North 89°24'52.. East 50 00 feet; thence South 00°32'30.. East 53745 feet. thence South 89~29'24'' \\'est 910 48 feet. thence South 00~06'04'' East 453 00 feet, thence South 89 ,9.4 West 470 OI feet to rite Point ol'13eginning or'the parcel herein described. Subject to easements and restrictions o(record Containing 21.02 acres more or less. Bearings are based on the ','.est line of said Section 23 being North 00°06'04'' West Certificate of authorization =LB-43 WILSON. MILLER. BARTON & PEEK. iNC Registered Engineers and l.and Surveyors Michael H Maxwell. P S .M =4650 Ref .-: Not valid unless embossed x,,ilh the Professional's se:d EXIIIBIT 3 DEVELOPMENT CRITERIA AND STANDARDS FOR IIAMILTON ItARBOR (within Collier Count)' jurisdiction) II. III. IV. V. 'VI. PertainS: No building or structure, or part thereof, shall be erected, altered or used. or land or water used, in whole or in part, for other than the following: A. Part of boat basin in conjunction with dO' boat storage facility. B. D:%' boat storage facility for a maximum of 450 boats, in conjunction with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and display. D. Boat docking facilities. E. Marina related offices. F. Repair and servicing of boats, boating accessories and marine equipment. G. Marina related retail sales. Permitted Accesso - Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: Incidental loading and unloading of marine supplies. Ponds/water management facilities. Par '~ng lots. Landscape buffers. Yacht or sailing clubs. Signage, including internal directional signage. Sewage pumpq3ut facilities. Fuel storage facilities. Accessory, uses and stmctm-es which are incidental to and customarily associated w/th the permitted uses listed above. B. C. D. E. F. G. I. Minimum Lot Are_a: Maximum Lot Covera e Bv Btfildin s: Minimum Setbacks Princi~ ~ Maximum I0,000 SF 50 percent 50 feet from project perimeter boundary., as depicted Exhibit C General Site Plan, except for water where the setback is 0 feet. VII. Vlll. IX. XIII Dry storage facility Minimum Qff-Street Parking Architectural Standards Dry. storage facility Wctland.',/Consc rvation .Water Management Landscape buffers ACCCSS 48fcctfromS'NGVDto the caves ofthe building. Dr2,.' storage facility- I space/10 dry slips. Parking spaces noted are minimums and may increase based on marina industry standards. Due to the placctncnt of the dry boat storage facility, existing mangrove trees and large ficus trees in Ba.vview Park substantially hide the building from public view. The dry boat storage building facades will be a natural color to further blend in x~ith thc surrounding environment. Areas designated WC (Wetland Conservation shall be protected by Developer granting a conservation casement or dedicating the same to the City of Naples Land Conservation Trust Fund or other acceptable conservation oriented entity. Water management viii be conducted according to engineering best management practices and the requirements of the South Florida Water Management District. A 40' landscape buffer ,,vill be provided along the northern side of entry road, buffering the adjoining residents to the north. An average of 25' buffer area '.,,'ill be provided around the wetlands Io the south of the project. Primary acccss ;','ill be from an entry located at a southern extension of Fern Street. lZ 8 March 18, 1999 Mr. George Varnadoe Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Notice of Public Hearing to Consider an Interlocal Agreement Between the City of Naples and Collier County Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, April 2, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Book II 2 · P.~g¢ ~ Agenda Item 15 Meeting of 4/21/99 RESOLUTION 99-8530 A RESOLUTION AUThOR/ZING TH~ MAYOR AND CITY CLERK TO EXECUTE GCVE~ Ab'REEM~;T BETWEE:! TI{E CI~ ~ ~ ~, ~ S~ST~LY ~ A~AC~ ~, ~R ~ ~S~ D~~ OF "~L~N ~R", A~ DI~CT~G ~T ~ CI~ C~ ~CO~ S~D A~~ IN ~ ~LIC ~CO~S OF COLLI~ CO~, ~DA; ~ ~D~G ~ E~CTI'~ DA~. WKEREAS, Collier Enterprises, a Florida corporation, proposes to develop ".~{anlilton Harbor," a Planned Development containing both wet slips and dry storage for boats, landing facility for marine related construction, boat fue!inj facility, sm~ll restaurant, and ancillary facilities, such as m.,~rina office and store; and ~, anuroxlr~e!v 103 acre~ of the Drc~cs-d Hamdltcn Harbor are iccated · ~ ..... n ~"" ~ ~-''~" ~ ..... C~t'; ~a~!es and .... are lTr:~t.~C w:-~'~ the ]urlsdlcticn of in=erlccal Gc','~rr~en~ A~reement between tn,~ Clty and Coliler County, wnlch w~li =et for:h the land ute aT~prsval process for the proposed NCW, TTrS~REPGRE, BE IT RESOL'~ED RY ~ CGU~JCIL CF ~ CITY OF ~ULPLES. FLORIDA: Section 1. That the Mayor and City Clerk are au:hcri2ed to e:<ecute an in=erlcca! Gcver~en: Agreement between the City and Collier County, in ~ubstantlally the fc.~m attached hereto, for the prcDcsed development of "H~T~i~cn Harbor," a Planned Development located ~n South Na~ie~ Ray ad~a,zent to Eay';_ew Park. '~' Clerk hereby . ........... Section 2. Tha~ the C~Z is d~~-~ to -,~-~-~ the inte~tocaI A~r-~mez~. - ....... in th- ~uLiic Pecords ~. ~-''ier.~. C.~unty, Florida. Section 3. This resolution shall take ~- e ..... i..~r, ediateiy u~on adoption. PASSED iq.; OPE1; A2~D RE.~JLA/I SESSION OF T}~ CI.--f CCb~.;CiL OF T}{E CI~f OF }ULPLES, FLGRSDA. THIS 21ST DAY OF APRIL, 1999. 1298 Th{s A~rccmcnt,_ is made and cnlcrcd into this ~13thday, of Apr! 1 _, 1999, by and between the City of Naples. Florida, a municipal co~oration ("City"), and Collier County, a political subdivision oflhe Slale of Florida ("Cmmty"). pursuant In tim amhnrity set forth in Sections 125.01,163.01 and 163.3171(3), Florida Statutes, 1997. R E C I'~A 1,8: A. Collier lintcrpriscs, a Florida corporation ("Developer"), prnposes tv, develop "I larnih,m l larhor", a Planned Development (PD) containing ?ruth xve! slips ami (ir), storage for hoots, lamling racilily fi~r marine related construction, boat flmling Facility, small restaurant, anti ancillary facilities, such as marina office and store, (hereinafter referred to as the "Project" or "flamihon fi'arbor"), which qualifies as a development r, fregional impact (DRI) pursuant to Section 380.06, Florida Statutes. B. Approximately 1(13 acres o/lite proposed llamihon llarhor arc Incaled within the jurisdictinn ol"the Cib' nfNaples anti approximately 21 acres are located within the jurisdiction o£ Collier County, Florida. C. The City ami the ('aunty rccogni:,c Ihat lhe walcr access and shoreline nfthc Project and the ma.jnrity of thc land comprising this Project are within the jurisdiction n£thc City of Naples. and that most of thc resources that may I~e impacted hy the Project are located v.'ilhin Ibc Chy n£ Naples. D. Thc City and Cmmly recn,gni:.'e Ihat implcmcnlafion nflhe [ lasler I)cvclopmcnl Plan /'or file Project will require the Developer la ohlain from the City and/or Cmmty cerlain gm.'ernmcntal ,qpprovals nf tile Project (hereinafter "Prniect Approvals") which ,nrc defined to include Iht following: (il ('omprchensivc plan amendment in tile ('ily. (2) Rc;nning to l'l:u:ncd Development hy tim City. (3) Planned l;nil Dcvclopmcnt :,oning amendmcn~ hy thc ('rarely, (4) DRI dc;.'eh',pment orders issued pursuan! Io Scctic, n 38fl.06, Florida Slatutcs (I o08.~, by Imlh Iht ('il3' nnd (5) Site dc,,cl.pmcnl plan approvals, building pcrrnils and oilier dcvclopmcnl orders nr approvals £mm the (;il)' alld County pursuant to their respective I.aml Development Rcgul;,linns. E. Collier County Ilr,s reviewed Ille proposed prnjcct, including thc lan,.I uses, heights, densities and intensities t, be alh;wcd wilhin lhe portion nflhe Prnject located sviflfi n Collier County and has rcqucslcd that thc City process and adopt PD 7nning fi~r tile entire prniccl, inchuling Ihat 1208 portion lying willdn Ihejurlsdiclion of Collier County. Futlhcr, Collier County requcsls lhat the City issue a DR I Development Order for fl~e entire 124 acre projecl, when nppropriale, F. Thc Coonly and I}~e Cily agree thai in order In assure an orderly process, cnsure cnnsistcnl development slandnrds and prommc governmental cfficicncy, lhe rezoning ami DRI revicw anti approval procedures for lhe entire 124 acre project, including thai portion of lbo project wilhin the jurisdiction o fCollier County, shmdd be condnclcd by one govemmenlal cnfity, I]1~1 being Ibc City orNaples, NOW, TIIEREFORE. in consideration of the public benefits lo be realized from the coordinated planning and review, Collier Coumy ami lhe City of Naples hereby agree as folloxvs: l. ~c Recitals are adopted and incorporated by reference as ifrepcated x'crbalim herein. 2. Thc City of Naples shall process and review fl~e Application fi~r Dcvclopmcnl Approval and Planned Development reznning petition tn be filed by thc Dcvcl~pcr, Collier Emcrpriscs. and thc City shall issuelheDcvclnpmentOrdcrand Planned Development Zoning ~)rdinancc fiat the entire l lamilmn t larbor project. The legal description fi~r I lamihon l[arbor is attached as Exhibit I and the legal description fi~r that pail of l lamillon l larbor solely xvithin the jurisdiction of Collier County is attached as Exhibit 2; bofl~ of which arc incorporated by reference. The City's Development Order ami the PD Zoning Ordinance for the area within Collier Connty included in the Project, shall not exceed the uses, heights, intensities, densities and npproximale locations of fi~cilifics as scl fi~rll~ in Exhibit 3, Development Parameters and Master Plan, a copy of which is attached hercl,~ and incorporaled by reference. Following Ihe City of Naples' adoption of a Pt) Zonh~g ~rdinance nad DRI Dcvclopmcnl Order For lhe project, lhat is consistent wid~ the dcvulr, pment standards, conditions and limitatim~s set forth in Exhibit 3, the County shall adopt a Pl ID zoning amendmcm nnd a DR 1 Development Order th,al implcmenl ami are cnnsistcnl whh this Agreemcm and the City o~Na~lcs l'l) Zoning ~rdinancc nnd Dcvclopmenl Order m~d which assure their applicahilib, to Ihat porfinn ~ffl)e Proiccl located wiflfin Ibc Co.my. Bmh parties understand ;md agree Ilmt fi~e adoption ,ff 7(,fing and thc iss.ancc of a [3RI dcvelnpmcnl order may occnr at different dines. 3. The City PD Zoning Ordinance shall spcci fy a single set ofsM~stanti,.'c sumdards for ImrJznnlal and vertical dcvcl()pment of thc Project, inch,ting standnnts rot suhdivision master plans and site development plans, flint shall apply to lhe entire marina project. 1298 4. [hfilding anti development pcrmhs fi~r vcrtical/stmctur¢ constmctic~n for the Project shall be subject tn processing, review and approval by thc local government within wlmsc jurisdictinn tt~e property is located on which such building or dcvclopmcnl permit is requested, utilizing thc applicable 51andards set forth in Iht PD Zoning Ordinance. 5. 32~c City of Naples shall have sole j urisdiction tn process any proposed amendments m Ihe l lamHton [larhn r PD Zoning Ordinance and DRI Development Order, including changes that conslmHe substantial deviations pursuant tn Section 390.06(19), Florida Stnlules, whelher or not property within the Cmmty is affected ami such changes shall be effective wiflfin the County. provided fl~at lhe proposed changes do nm exceed the development standards set forfll in Ihe attached Exhibit 3. In the event that changes are proposed to the PD Zoning Ordinance ~r DRI Development Order on land located wilhin Collier County. and the proposed changes exceed fl~c development standards set fn~h in Exhibit 3. It~en the County shall have authority to review and approve proposed am :ndments to its development order andlor lhe PI JD 7oning ~)rdinance applicahle tn portions of lhe project wiflfin the County's jurisdiction. 6. ~fisAgreca~cntshaltbceffuctivcForaperiodoflen(IO)yearsFromfl~edayandycar first above writ/co. ATTEST: IGI FF FIROCK, Ctc~k /~tttst ,s t0'ChalrJln'l sl~aature onl.n Approved as m form and legal su£ficiency: · ~~,~, EIGE[.: ~ly Auomcy A'ITI'.'S'I': Taca A. No,man ~i:'/. Clerk BOARD C)l: COMMISSIONERS COI.I.IER COUNTY, FI.ORIDA ny: :-./' _'. CITY OF NA~I,I.~S,,-FI,ORiDA//' By: ~ WII,I,IAM BARNET1', Mayor Approved as t,> Form and leFal sufficiency: KI{NNI'TFII R. AJYI,E . Allorney 12C8 Dcsctii',tlon of part of Sections 22, 23 and 27. To',vnsbip ~O South. Range 25 East. Collier County, Flor.la flor Collier Enferprists) All that par: of Secnnns 22.2; ,mt 27. Tm.reship 50 .qnnth, RanE¢ 25 East. CMher County, Flnrida being marc partloflarly described as 13egmnmg at the southeast corner of said Sectio'n 22; thence along the east line of said Section 2'7. South OO;25'29" \\'est 232,~ 66 feet~ thence leaving said section line .~c,t,:h X9°32' I tV' \\'cst 12~R.5,g feet; thence Noah 0r:'~27'3,l'' \Vest 331.71 feet; thence nc, rq~easterly g46 t) l f,.'et a!ong the arc ora langential circnlar cu~'c cnncave to the southeast having a radn:'; nt'RflO afl feet thrc, u~h a ccnlral angle of 6t)039'19" anti being subtended hy a chord ~,.htch bears i",~orlh 2')°~2'n6'' liast XO7 U l ~..'ct lo a point oK reverse: cu~,ature. thence n,wthcrl) Iai I 2fl fcct alnn~ tl~e arc of a lanEcntml circular cu~c COntext In t'hc nord:~cst having a radms o(7~C} 73 feet Ihrongh a ccmral angle cr77~lfl'46'' and being subtended hya chon? ~dfich be~rs ~]ntlh 21'36'21" East 93652 l~cl. thence ~2nrth I fi%q'02" West 45n 59 foci. thence Nnnh 5fi%fi'29" East 226 72 feet; thence northeasterly I l 3 41 fcct along the arc nra tangential circnlar c.~.e cnncavc lo thc nmlhwcsl hav:ng a rmlins of 150 tip fed throngh a central angle of 43°lg'f18'' and being subtended by a chord xvlnch bears Nn~h 28026'43" East I I0 73 feet to a point ofcomponnd cu~,amrc. d~cnce northerly 320 89 feet along the arc ora tangential circnlar cumc concave to the west having a of.lgh flC~ feet through a central an~lc of38°1~'13'' and being sublcndcd I)y a chord ~qfich bears Noflh 12~21 '57" West 314 9~ ~ct In a pmnt of reverse c.~,amrc; thence nmfi~erly IOq67 feet along d~e arc ofa tangcmial circular cu~,c concave to the east having a radi.s of lOP PO feet Ihrongh a central angle o~fi2%O'2fF' ami bcmg subtended by a chonl xGdch bears Noah fl0°O5'5.I" Wesl ltl4 2fi fcc{ t,a a pmnt of reverse cu~,aturc; thence nmff:easterly 171 22 fcct alnng the arc ora tangential circular cu~'e concave 1o thc west having rmhns of I SO PO fcc~ fl~rouEh a central angle ofB4~Bfl,O0'' and being s. Mcndcd by a chord xdfich hears Nnrfl~ 04°04'16.' East 16483 foci. thence North 23010'44.. Wcst 123 OI feet; fl~cnce nnrlhwcstcrl3 and caslcrl) H;7 05 feet along thc aec ora langcnhal circuMr curve concave to the soulhcast haxmg a cadres of I OO OB feet thronffb a central angle of I 12°~4'OO" and being subtended by a chord xquch bears North 33016. lC" East 1tic fig feet. Ihcnce North 89043. 16" East IIO PO feet; thence easterly and nor:h~es{edy 213. Ifl feet along 11:¢ arc ora tangential c~rcular cu~e concave to northwest hn~ing a radius of lOP PO feet throngb a central angle of 122006'00" and being subtended by a chard x~luch bears Morth 2g°~fl'lfi'' Easl 175 ~1 fcct m a point ofrevcrse cu.,am re; lhcnce northerly and nord~caslcrly 78 69 fcct along fl~c ~rc ofa langcnlial circular cu~'e concave Io the cast having a cadres of 5(I (}O feet fl~ro.gh a ccntral angle of OO°lO'20'' and being subtended hy a chord wMcb bears Noah 12042'26.. East 70 82 thence Nnnh 57°47'3fi'' East (,7 4fi Ihcllcc norfl~ctly and norlhx~cslcdx I',4 Pi fcc~ nlnng thc arc offl langermal circular cun'e concave to ct~e ~csl having a radms nf 7~ O/I fcc[ Ihrnugh n central angle of 14~°12 ',l ~" nmi home s.hgcndcd hyn chnnl sxluch bears Hor:h I 6°I ~'.16" x. Vcst I.l-i 27 t~.cl. southeast having a radius c,f If ICI ()0 f~ct through a central angle of 9ti°OB'Off" ami being sffblcndcd by chord which bears South .1403.1'3 I" West 1.1 I .12 foci. thence gnulh Ofi~2~'flq''East Ifiq ag feet. IIIcncc sotllhx~cslc/t), 62 9S t~'ct aMng d~c arc ora tangcnlial circular curve concave Io thc northwest having a ra,hus of 3n (~0 I~cl through a ccnlr.II angle or 771(1'2s- and home suMcndc. I by a clmnl which bears Snulh 3?,;h'OY' West 38 90 chord xd~ich bears South 24°17'1S" West 221 O7 Cect, Ibcncc South 23~ I W.I.I" Easl 123 O I I~ch 1298 thence Sn!llhcr[% and ~m:.qlwcstcrly lcd O~ ~1 alm~g II:~ nrc ora tanecntial c.cular cu~ concave lo fiwnce nnr:hcn~tcrl} 312 33 i~o: along thc arc nra langcnfial circular C,lp.'e col~ca~e Jo lhe cast having a rml.ls n( 2~0 I,q f~cl Ihrn,~h a cm:tral angle nr fi3ufi,l'40" and being subtended hy a chnrd which bears Nnnh I I ~ I 5'56" East 296 30 feet tn a point df reverse Ihcncc nnrthcnstcdy, nnnhcrly and nd:thwcslcrly 516 02 Fc~t alnng lt:c arc nfa langcnlial circular cun. c contax c In lJle v.¢st having a tad.is of 3Od O0 feet fhtollgh a central angle of Og°33'tIR" and being sublcnd:d hy a chord ~d.ch bears North [)6°03'1g" West 454 72 feel; thence ~lc, rlh 02o23. 16" East 275 02 feet; Ihcnc~ n~tfl~q~rly 77 6~ f~-~j Mm~g lhR ~rC ~ t~n~nlml cJ~md~r cun'~ c~nc~R In Ih~ south~st North .16~5 J '.IR" J~ast 7(I (16 fcct m a pohl~of reverse lhcncc narlhc~s~crly 7] I 46 ~c( aJ~n~ Ih~ arc o~a l~ngcnfiaJ circular cun'c c~ncavc lo Ibc rmrth havm~ radius nf 1200 OO fcct fl:rn,~h a ccnfrnl angle of 34°55'29'' and being sllblcndcd bya chord ~dlich bears Noah 73:~2'36" East 720 19 &ct to a prom of reverse cun'amre. thence nntlhtnstzrl}, northcthI told norfl:wcslcrly 134 NS feet alnng lllc arc ora lan:~cnhal circular cu~'c suhtcn, lcd hya chord ~l~fctl hoars North 20°52'02'' W~st q7 35 feet l~ a point or reverse curvalnr~, thence x~estcrlv mad nnrthcastcrly 7t 31 feel along Iht arc ora tangential circular cu~e concave to the nn~hcnsl ha~ mga radius of 35 c)O feet through n CCfltral angle of I I fi°.l,i' I S" and hcmg subtcndctJ by a chord ~duch bears Norlh 39~46'.1fi'' WRsI 59 60 feel; thence Nar01 O7"O0'50" Fast 16[ % lhcncc No~lh g2'50'jO'' Wcs[ 3 ~ ~rl thence Nodh 07ofiO'50TM East i4 7.1 fed. Ihcncc Narth gg:lg'~ I" Eaq 527 4~ tL'ct. lhcncc go. Ih ocPI ]'J2" Ea:l 33 { (I l~'ct. flJcncc N~rfll ~O~2.1 '52" East 13 ~ ~ 23 reel. Ihcncc }lOtlJl figs32 '~0" West 30 O0 Ihcncc North Xq~2.1 '52" Earl 5rl nO Ihcficc SOIllJl 00032'30" East 337 45 d~ence sonth 89'29'24" Wes~ 916 48 Ihence SmHJl f)0~O6'f14" [~asl A 53 ()0 Ihcncc Smflh ~9~29'24'' West ~70 OI lJlence ~oulh fff)°fl6'04" J~asl ?()Bp 2q &ct Io Iht J)omt of Itcginnmg of Ibc parcel hrrcm described' ~llbJCC[ lO C~ClliC;lt~ ~llc~ rcslrl,zllnns r,l' rccor, l ' W 1.S¢ :.; ,'.III.I.ER. Ib\l('l'OH X' I'EEK, I,"l(' J{¢glS,~crc, l I:ngmcers and l.aml Surxc)nrs Itc/' Description of par! of Section 23, Township 50 South, Range 25 East, Collier Co,nty. Florida All that pan n£ Section 2.1. '1 n,,vnship 50 Sot,th. Range 25 East, Collier County. Florida, heing more parlicularly described as I'cfllows- Commenci~ a~ the sotnh,,,, cst corner of said Section 23; thence alnn~ tile west line al'said .C;ecfinn 23. North 00'~06'04'' \Vest [~egimm~g ~fthe parcel herein described, thence cnr, tmue nlnng said section line in the following lwo described courses: 1~ F]onh OG°O6'~.lTM West 653.01 fcet~ 2i N~rth OC~° 3'i2" West 305 62 feet: fl~ence leaving said scctinn line North 89°2.1'52" East 1333.23 feet, fl~ence Honh 00°32'3~'' West 30 O0 feet; lhence Noah g9°24'52'' East 5000 feet: ~hence South 00~32'30'' East 537.45 feet; thence Soulh 89029'24" Wesl 016 48 feel; Ihence Smnh 00~06'O4TM East 453.00 feel~ tl~cnce S..th S _9 _-I West 470 OI feet lo the Point of Beginning office parcel herein described. Subject In easements and reslricfimns Containing 21 O2 acres m~re or less Bearimjs are based on the west line of said Section 23 being North OO°06'~,1'' WeSt. Cerfificare of authorization WILS¢)N. ~I I.[.ER, BARTON ,~: PEF. K. [NC Reffistcrcd Engineers and l.and Surveyors Nlichael [! Maxwell. [' .$ hl fi.t6~JO ReF 4 D-9'9 Nnl valid unless embossed wiHi tile Pro£essional's seal. 1298 Ii'. EXIIIBIT 3 DEVEI,OPMENT CRITERIA AND STANDARDS FOR IIAMILTON IIARBOR (wilbin Collier County jurisdiction) Pcrmilted Princip.3.[l/scs: No building or slmcture, or part thereof, sball be erected, altered or used, or land or water ,sod, in v.'Imle or in part, for otber than the fallowing: A. Part ofboat basin in conjunction with dr7 boat storage facility. B. Dr')' boat storage facility for a maximum of 450 boats, in conjunclion with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and display. D. Boat docking facilities. E. Marina related offices. F. Repair and servicing of boats, boating accessories and marine equipment. G. Marina related retail sales. Permitted Accesso~: Accessory uses and structures which are incidental and customarily associated with the above inermitted usc as follows: ,\. l'ncidental loading and unloading of marine supplies. B. PondsAvater management facilities. C. Parking lots. D. Landscape buffers. E. Yacht or sailing clubs. F. Signage, loci,ding internal directional signage. G. Sewage pump-out facilities. Il. Fuel storage facilities. I. Accessory uses and structures which are incidental to anti customarily associated with lilt permitted uses listed above. III. Minimum I.ot Area: IV. Maxim,m Lm Cnverage__B_.,~_B_B~l!Li.n. gs: V. ~'linimum Setbacks PrJnxjplc and Accessory nuildLn.~ VI. Maximum .B_t!ilding_Ueimh.t I 0,000 SF 50 percent 50 feet from project perimeter boundary, as depicted Exhibh C Gcncral Site Plan, except for water where the setback is 0 feet. 12C8 VII. Dr)' storage Facilib' Minimum Off-Street Parking VIII. /~rctfitecmral Stnndards Dry storage facility IX, Wetlands;Conservation X. Water Management XI [.andscap_e buffers Xlll 48 feet from 8' NGVD to file eaves ofthe building. Dry storage facility - I Space/l 0 dry slips. Parking spaces noted are minimvms and may increase based on marina industry standards. Due to the placement of the dry boat storage facility, existing mangrove trees and large ficus trees in Bayview Park substantially bide tbe building from public view. Tile dry boat storage building facades will be a natural color to timber blend in with the surrounding environment. Areas designated WC tqVcfland Conservation shall bc protected by Developer granting a conservation easement or dedicating the same to the City of Naples l.and Conservation Trust Fund or other acceptable conservation oriented entity. Water management '.viii be conducted according to engineering best management practices and the requirements of the South Florida Water Management District. A 40' landscape buffer will be provided along the nonhero side of entry road, buffering the adjoining residents to the north. An average of 25' buffer area will be provided armmd the wellands to the south of the project. Pr/mary access x~511 be From an entry located at n 5oulbern extension of Fern Streel. This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00265120000 FOR CLERK'S USE ONLY 16 l '! SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 98-413 against: Bina Properties Corp. 3615 Aquia Dr. Stafford, VA. 22554-2704 The lien was recorded on November 09, 1998 Official Record Book 2478, Page 3100, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Six Hundred Fifty (650.00) plus accrued interest and penalties, if any, and imposes cedain obligation against real property situated in Collier County. Florida, which properly is described as follows: The East one-half (E-1/2) of the Southwest one-quarter (SWol/4) of the Southwest one-quarter (SW-1/4) of the Northeast one-quader (NE-l/4) and the West one-half (W-1/2) of the Southeast one-quarter (SE-l/4) of the Southwest one-quarter (SW-1/4) of the Northeast one quarter (NE-l/4) of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County Florida. 80310-064,80310-065,80310-066 Folio#00265120000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit 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, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this /.3-cZ.- day of. ~ .1999. ATTEST: ' DWIGHT E. BROCK. Clerk Slg~tu~ of~l~'. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S, Mac'kie / Chairwoman *** 2462642 OR' 2535 PG: 1233 *** RIC u! SECOND AMENDMENT TO 1997 TOURISM AGREEMENT BETXVEEN ": COLLIER COUNTY AND VISIT NAPLES, INC. . REGARDING ADVEP, TISING AND PP, OMOTI()N TillS SECOND AMENDMENT TO AGREEMENI', is made and entered into this /~_ day of ~')99, by and between Visit Naples. Inc., hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of thc Slate of Florida, hereinafter referred to as "COUNTY." . : ': RECITALS WItEREAS. thc GRANTEE and tile COUNTY entered inlo a 1997 Tourism Agreement dated August 5. 1997 (thc "Tourism Agreement")in thc amount ofS580,200.00; and \VHEREAS. the GRANTEE desires lo amend tile line item budget attached as Exhibit "A" to thc Tourism Agreement: and WlfEREAS. tile GRANTEE and the COUNTY desire to amend thc Tourism Agreement. \VITNESSETI I: NOVq. T}IEREFORE. BASED ON 'FILE MUTUAl. ('O\"[']NANTS IIL:RI~IN AND OTItER VALUABLE CONSIDERATION. lq' 1S MUTUALI.Y ,'\GREF~D AS FOLI.OWS: I. Exhibit "tX" to thc Tourism Agreement shall be deleted in its entirety and replaced w/th the new Exhibit "A" attached to this amendment. 2. Except as set forth herein, all of the terms and provisions of tile Tourism Agreement shall remain in full force and effect. IN WITNESS \VItEREOF, the GRANTEE and COl JNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on Iht date and year firsl above written, [ 'D'wIGH E. BROCK, Clerk Attest as to Ch~lr~'~ WITNESSES: Pnnted,"Typed Name (2 l'nnlcd"I )'~d Namc Approvcd as to form and legal sufficiency / , -. Iqcidi F. Ashton Assistant County Attorney h:hl~"hfa,'gq td¢ agrccment,'2nd Amendment GRANTEE Visit Naples. Inc, By:~ (corporate seal) 3¸' ent HUI 9415438331 02/22/99 10:1 EXIIIBIT "A" rev i ~.;ed 1998 PRO(;RAM BUDGET 1998 BED 'FAX Al,LOCATION PROMOTION Advertising media placement '~:" , Proli:ssional Pubic l(clat~ons Services includes strategic planning, facilitating markcling plans, ;. designing promotional materials and program~, and media liaison services Production includes graphic design and {ayou,, se~':ccs, slide reproduction,~, text traaslation and photography Collateral Materials, includes th: printing of thc dcslination gt;idc,q ,ewslettcr~ and other pieces Media Relations includes photocopies, mileage, news release production and distribution and press excursion expense., Travel Agent Relations Expenses includes communications, mileage, poslage and on-site familiarization expenses Trade Show Expenses inch:des booth regislration, supplies and travel expenses Collaborative Efforts w/Marco Island & Thc E~,crgladc~ C\,'B includes lSimilinr'izatian trips, trade ~ho~s and ioint advertising PROGRAM EVA l,l I..'CI'I ON Market Research includes collecnng and asscmbling occupancy ;ttlcl v~sttor data Clipping Service dob 923 Page 16A2 ' 1%/99 82,847 ;2 2,1,06o {) I I 1'7,220 37,927.30 7,52500 24,580 24 q,,; 1S 27 1,817 ,SS 02/22199 10: lgAM Job 923 ADM I N I STRATION Accounting Services Insurance ' Administrative Costs includes postage, telephone expenses, mileage, subscriptions and other office costs FU LFI [.LM ENT Fulfillment Services includes 800 service calls, brochure mailing, taxes, postage and other fulfillment se~'iccs TOl'A I. 7,676,25 9,333 15 16,000. O0 15,948 15 $580,200.00 ~ F"~4~ : P~IOLI ~ER ~RUH~-~E FWOlqE NO. : MAP.. 11 1999 0~:47PM P2 CONSTRUCTION. MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVI SION IMPROVEMENTS THIS CONSTRUCTION, MAi'NTENA.NCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEM'ENTS AGREEMENT entered into this ~ day of ~~=:~ 1999 by A.R.M. DEVELOPMENT CORP. OF NAPLES, INC., A FLORIDA CORPORATION, (hereinafter "Developer"), THE BOARD OF COLVNTy CONE'vlISSIONERS OF COLLIER COb,~TY, FLOI:UDA. (hereinafter "The Board") and ATLA~NTIC STATES BANK. (hereinat%r "Lender"). .PREMISES A. Develolx~r has. simultaneously with the delivery of this Agreement, applied for the approval by the Board o£a certain plat ol:'a subdivision to be knov,'n as: Villas at Greenwood Lake. B. The subdivision ~,~,'ill include certain improvements which are required by Collier County ordinances, as set forth ia a site construction cost estimate ("Estimate") prepared by Agnoli, Barber and Brundage. Inc., a copy of which is attached hereto and incorporated herein a~ Ex.h. ibit 1. For pur~x~ses or' thi s A~eement. the "Required Improvements" are limited to those described in the Estimate C. Sections 3.2.6.5.6 and ].2.9.'t of th,: Collier Co,.mLv Subdivision Code Division of the Unified Limd Development Code requires lhe Developer to provide appropriate guarantees for the consmaction and mainten,'mce of the Required Improvements. D. Lender bas entered into a construction loan agreement with Developer dated" '" ' (the "Construction Loan") to fund the cost o£the Required Improvements. E. Developer and the Board have acknowledged that hhe amount Der:loper is required to gnaarantee pursuant to tNs Agreement is Sgla.6gg.05. mid Oils awnotmt represents 11055, o£ d~e Deve!oper's engineer's estimate of the construction costs for the Required Improvements. ~'aOLI B~.F-EER EFUNL'~GE PHGrtE NO. : MAR. 11 1999 03:4"~:~1 p~ NOW, THEREFORE. in consideration of the foregoing premisc and mutual covenants hereinafter set forth, De','eloper, the Board and the Lender do hereby covenant and agee as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Lmprovements, to be constructed pursuant to specifications that have been approved by the Development Services Director **{~in 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $81'1.688.05 from the Construction Loan. in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow S814,688.05, fi.om the Consu'-ucfion Loan. to bc disbursed on/)' pursuant to this Agreement. Lender acknowledges that this Agreement shall not cons'timte a draw again~ the Construction [.oan fund, but that only such funds as are actually disbursed, whether pursum~t to th. is Agreement or a provision of the Construction Loan. shall accrue interest. 4. The escrowed funds silall be released to the Developer onJy upon WTitten approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in mounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (I 0%); and further, that upon completion of thc work. the Development Sen'ices Director shall approve the release of any remainder ~fescrowed funds cxcept ro the extent of $74.062.55 which shall remain in escrow as a Developer ~mlaranr).. ofmain~enancc of the Requlzed Improvements for a minimum period of one (i) year pursuant to Paragraph 10 of the Agreement. However. in the event that Developer shall fa/l to comply with thc rcquircments of this Agreement, then the Lender agrees to pay to the County inunediately upon demand the balance of the fimds held in escrow b7 the Lender, as of the date of the demand, provided that upon payment of such balance to the Count)'. the County will have executed and delivered to the Lender in e::chan(:e fbr such funds a statement to be signed by the Development Sec'ice Director to the effect that: : A~(~L! ~ER BP~;L'C--~GE PHOqE t~. ; MAP. 11 1999 0J:48PM"P4 (a) Developer for more than sixty (60) days after 'o. zittcn notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, w~ll complete the work called for under the terms of the above-mentioned contract or will comp[ere such portion of such work as the CoUnty, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either dizect or consequential, which the Cotmty may sustain on accost o£1he faiIu, re of the Developer to carry out ~md execute the above-mentioned development work; and, (d) The Count3.' v,'/ll prompdy repay to the Lender any portion of the funds dra,.vn down and not expended in completion of the said development work. 5. Written notice to the Lender by the Count3' specifi,.-ing what amounts are to be paid to the DeveJoper shall constitute authorization by the County to the Lender for release of the $~'cificd fimds to the De'¢eloper. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a re/ease by the Court .ty and Developer of the Lender for the ~nds disbursed in accorcbnce ~,4th the letter of authorization from the Cotm~,. 6. The Required Improvements shall not be considered complete until a statement of' st:bstantial completion by Developer's engineer along w~th the final project records have been fiarnished to be reviewed and apl:roved by the Development Services Director for compliance with the Co[i[er CounLv Subdivision Regulations. MAR. 11 199.9 03:49PN ~ 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial comp!etlon, either: a} notify the Developer in writing of his preliminary approval of t~he improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewitl~ specilS'ing those conditions which the Developer must Fulfill in order to obtain the Director's approval of the Required Improvements. However. in no event shall the Development Sen, ices Director refuse preliminary approval of the improvements if' they am in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements. the Board, after duly considering the public interest, may at its option complete the Required improvements and resort m any and all legal remedies against the Developer. 9. Nothing in this Agreement shall m,~e the Lender liable for any funds other than those placed in deposit by the Dcvclopcr in accordance with the foregoing pro,4sion; provided, that the Lender does not release an)' monies to the Developer or to any other person except as stated in this £scrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the 13eveloper and upon submission ora written reque~ for inspect/on, d~e Development Services Director shall inspect the Required Improvements and. if found to be still in compliance with the Code as reflected by final approval by the Board. the Lender's responsibility to the Board under this Agrcement is terminated. The Developer's responsibility for maintenance of the required improvements shall continue unless or tmtit the Board accepts maintenance responsibility for and by the Count?.'. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender. the respective successors and assigns of the Developer and Lender. ! IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement co be executed by their duly authorized representatives this ~ day of ~ .1999. ~ SIGNED, SEALED AND DELIVEPoED E OF: Printed name Printed name ATTEST: DWIGHT E. BROCK. CLERK ?~'z./../&.- ,,q$/e,~-/~N~ Deputy Clerk Approved as to form a.nd legal sufficiency: ~L~D-4VID C. WEIGEL - - COLLIER COUNTY A~O~N'E Y OVADIA ~. ELIAS', PP~SI~N~ ATLANTIC STATES B.&NK ',"~ >' / "":' -; 5, &' Printed name BOARD OFCOL.rNTY COMM. ISS[ONERS OF COLLI COU~'NTY, FL O~ By: flAMELA S. ~{AC KIE, CH,MRWOMAN £0 666~ ~ 'a~j~ : 'ON ~40Hd 39~,Nn~J8 ~JBEard~t I"Dt,F'~ : HO~IJ FRO~I : A~IDL.[ BAFBE~ BE'~DAGE 0 o ..< Z ~o~ AR. 1 999 03:S11::~ P( lc This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2462902 OR: 2535 PG: 1994 *** ilCOlOlO ia the OEIICIAt. U¢O~D$ of CO:Llli COH?/, r~- RIC Ell FOR CLERK'S USE ONLY 6.00 1,0o Property Folio No. 62204480008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 94-496 against: Paul L. Riddleberger Jr. 652 94?' Ave N. Naples, Florida 33963 The lien was recorded on August 18, 1994 Official Record Book 1977. Page 1746, in the Official Records Office of the Clerk of the Circuit Court of Collier County State of Florida. The lien secures the pnncipal sum of Two Hundred Forty Five ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida. which property is described as follows: Lot 10, Block 6, Naples Manor Extension, according to the plat thereof, recorded in Plat Book 3, Page 101, of the Public Records of .Collier County, Florida. REFERENCE: Folio #62204480008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this ~day of ~ , 1999. ATTEST: D,.WIGHT E. BROCK.. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER 'O~OUNTY, FLORIDA Byl./'/;' / -/ -) ~,;/ ~,' Pamela S. Mac'kie Chairwoman RI!SOI.t;TION NO. 99.._18~ RF.S()I_tTI'I¢~N ~I: 'IIIE t~():\1~.I) OF (T)t~N'IY COI.LII~R ('t)I'NTY. FI.f)RII)A. AU'I'IIORIZIN(i 5f~q. WAIVI~R I)EI-EI~[~AL ()F I.IBRAI(Y SYS'II(M IMI'A(q' FEES. I'ARKS ANI) Rk('REAIIONAI FAt II.IIII:S IMt'A('TFFES. R()AI)IMPA(-i' I:NII~RGI'.N('Y MI{I)I('A]. S[~RVI('I~S INIPA("I Fl:kS. ANI) I:Dt'CA'II¢INAI FA('II.I'I'IES SYSTEM IMPACT FEES FOR I[OI;SE TO BE ('()NS'IRU(q'ED BY TIMOTIIY M. RINGER AND .Mt)I.I.Y A. RIN(iER 4225 56TM AVENUE N. E.. GOI.DI.]N (LATE ES'I ATES IN ('~)I I I ER ( 'OI ;N'I'Y. FIX)R I DA. WIlEREAS. Collier Cotmty has recognized and attempted to address the lack oFadequale and affordable housing tbr moderate, k~w. and very-low income housdlolds in the Counly and Ibc need for creative and innovanvc programs to assisl m the provision oF such housing by including several provisions in the ('oilier ('ount~ (.~ro~lh Nl;magemcnl Plan. including: objective 1.4. policy I.d.I; objective 1.5. policy 1.5.2. policy 1.5.3, policy 1.5.4. policy 1.5,5. policy 1.5.6; ~bjccfiv¢ 1.6. policy 1.6.3; objective 2.1. policy 2.1 1. pohcy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of Housing Elemcnl; ;md WHEREAS. Collier ('ountv has received fimdh~g purstmm lo thc Slalc I lousing Initiatives Paflnership Program set I;~qll in Section 420.907 ~.. Florida Statutes and Chapter 91-37. Florida Administrative Code: alld WIIEREAS. m accordance with Collier County Ordinance No. 93-10. thc Coullly authorized to u~c thmlinz fi-om thc N~atc Ihm~ ng Initiatives Parlncrship IHt liP] Pr~ram fi)r waivers ol' ('oilier Coutltv inqpac~ lyes: and WIIEREAS. Timmhv NI Ringer ami Molly A. Ringer are seeking a 5(~%, xvaivcr/50% defc~al of impact fees: and WliEREAS. ['imofi~y Xl Ringer ;~ml Molly A. Ringer will construcl a three bedroom unit "Dwelling Unit"~ at 4225 56"' Avenue N. E.. (3olden Gate Estates in ('oilier ('ounty, Florida; and WtlEREAS. the [)x~ elling Unit will be owned by a Iow income hot~sehold, and WIIEREAS. 'Fm~othv NI. Ringer and Nlolly A. Ringer subn61tcd lo the office of the I lousing and Urban Improvcmcnt Department an Aflbrdablc t lousing Applicalion dated March 4, 1999 for a 50% waiver'50% dclkrral of imrx~c[ [~'cs tbr lbo conslruclion of a house al 4225 5(,'" Avenue N. E., Golden Gntc Estates m Collier ('~mnty. Fh~rida. a copy of said applicalim~ is on lilt in Ihe I lousing and Urban Improvement Dcpanmcnl: and WIIEREAS. in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-07. as ;mlcndcd: Sccl~on 4.05 of the Parks and Recreational Facilities hnpacl Fcc Ordinance. Ortlillimcc No. NR-~)~...~, amclldcd: NCCtlO~] 3~14 of lbo Road Impact Fcc Ordillallcc, Ordinance No. 92-22. as amended Scct,m 3 ¢}5 of Ibc Emergency Xlcthcal Services Syslem Impact Fee Ordinance. Ordinance No. 91-71. ils mncndcd: alld Section 3,{15 of Ihc I{ducalio~lal Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an applicanl may obtain a 50% waiver/50% deferral of in~ pact fees by qualifying for a waiver/defcrral: and WIIERE..\S. Timothy M. Ringer and Molly A. Ringer have qualified for an in]pact fcc wa~ver/dcfemfl based upon thc l~ql.oxx lng rcprescnlations made by Timothy M. Ringer and Molly A. Ringer: A. The Dxvclling Unit shall be oxvncd by a first-lime home buyer. B. Thc Dwelling Unit shall be oxxncd by a household with a Iow income level as that lem~ defined in the Appendiccs to lhe respective Impact Fee Ordinances and ll~c monthly payment to purchase the unit must be within the afffordable housing guidelines established Appendices Io the respective Impact Fee Ordinances. C. The Dwelling Unh shall bc tl~e Ilomcstcad ol'tbe owner. D. The Dwciling L'ni~ shall remain affordable for fifteen (15) years from thc date the certificate of occupancy is issued. NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI.I.IER COUNTY, FLORIDA, TilAT: I. The Board of Cotmty Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% dcfc~al of impact fees to Timothy M. Ringer and Molly A. Ringer for one (I) house which shall be constructed at 4225 56'~ Avenue. N. E. Golden Gate Estates in Collier County. Florida. Upon receipt by the llousing and Urban Improvement Director of an agreement for 50% waiver:50% defc~al of impact fees signed by Timolhy M. Ringer and Molly A. Ringer, or other documcntmion acceptable to thc County Atlomcy. thc Board of County Commissioners hereby authorizes the payment by Collier Counly of thc follo~ing in,pact fees from the Affordable t lousing Trus~ Fund. Fund (191}. in thc folloxving amottnts fi)r the one (1} house to be built at ~225 5(;~' Avenue N. E. in Collier County. Florida by '[m~othy M. Ringer and Molly A. Ringer: A. [.ihra~' Impact [:cc B. Road lmp;~ct Fcc C. ['arks and Recreational Facilities Impact Fcc: ( 1 ) Regional Parks 179.o0 ~2) Commtmitv Parks 399.0~ D. EMS Impact Fee 14.00 E, Educational Facilit cs gystem Impact Fee Total Impact Fees S 3,292.52 The payment of impact Ices hv ('oilier ('ounty is subject to the execution and recordation of an Affordable t[ousing Agreement For payment of Collier County lmpacl l:ces between the property ox~ ncr ami/or purchaser and Ibc ('Otlllly. 16A8 This Resoh,tion adopted after ,notion. second and majority vote fiworing same. DATED:~'~2''/'~z//* ?~ ATTEST: DWIGHT E. BROCK. Clerk AtCest ~s to Ch~Ir~n's slg~;ure Approved as toqom~ and legal sufficiency: Heidi F. Ashlon Assistant County Alb~mcv BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,PAMELA S. MAC'KIE. CHAIRWOMAN .5 EXHIBIT "A" I.E(;AI. i)ESCP, I P'FION 'I'I?,IOTIIV .M. RINGER AND MOI.I,Y A. RINGER RESIDENCE THE \VEST I$~1 FT. OF TRACT 66. UNIT 40. IN GOLDEN GATE ESTATES. ACCORDING TO TIlE PLAT TIIEREOF. RECORDED IN PLAT BOOK 7. PAGE 26. OF TIlE PUBLIC RECORDS OF COI.LIER COUNTY~ FLORIDA. 2~17 OA','P~ 2462901 OR: 2535 PG: 1986 AGREEMENT 'FOR 50%WAIVEFU50% DEFERRAl. OF COI.LIER COUNTY IMPACT FEES This Agreement £or the \Fairer of Impact Fees entered ilo this/~ day of ~. 1999 bv and between the Board of County Commissioners of Collier County, Florida. hereinahcr referred to as "COUNTY" and Timolhy M. Ringer and Molly A. Ringer. hereinafter referred to as "O\VNER." WITN ES S ET [t: \VHEREAS. ('oilier County Ordinance No. 88-97. as amended, the Collier County Library System hnpact Fcc Ordillmlce: Collier Cmmtv Ordinance No, S8-96. as amended, lhe Collier County Parks and Recreational F~cilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Sen'ices System Impact Fee Ordinance: Collier Coumy Ordinance No. 92-22. as amended, the Collier County Road Impact Fcc Ordinance: ('oilier County Ordinance No. 92-33. as amended, lhe Collier County Educational Facilities System Impact Fcc Ordinance; as they may be further amended from time to time here/nailer collectively rcfc~ed to as "In]pact Fee Ordinance", provide for waivers of impact tbes lbr new owner-occupied dwelling units qualifying as affordable housing; and \VIIEREAS. OWNER has applied for a 50% waiver/50% dcfc,'ral of impact fees as required bv the Impact Fee Ordin:mce. ;t copy of said application ~s o,~ tile in the office of Hou sing and Urban [m provcmcv, t Dcpa~mcnt: and WHEREAS. thc County Administrator or his designee Ils reviewed thc OWNER's application and has found that it complies with thc requJrcmcnls tbr an affordable housing 50% waivcff50% dcfcma[ of impact fees as established in the Impact Fcc Ordinance; and W[IEREAS. thc impact l~c waivcr/defe~al shall bc presented m licu of payment of thc rcquisitc 'n]pacl t~cs su[~icct Io satisfimtion of all crilcria in thc ]mpacl Fcc Ordinance qualifying the project as cligfi)le lbr an hnpac~ lke waivcffdefc~al and OR: 2535 PG: 1987 WHEREAS, the COUNTY approved a waivcr'def:,.,rnfl of impact fees for OWNER embodied in Resolution No. 99-_.~_~ at its regular meeting of~ 1999; and WHEREAS. tile Impact Fcc Ordinance requires that the OWNER enter into an Agreement with Ibc COUNTY. NOW. TIIEREFORE~ in consideration of thc foregoing recitals, thc parties covenant and agree as follows: RECI'FALS INCOR['ORATED. Tile foregoing recitals arc true and correct and shall be incorporated by reference hereto. [,EGAk DESCRIPTION. Thc legal description of thc tlv,'clling unil (life "I)wclli,g Unit") and site plan is attached hercto as Exifibit "A" and incorporated by reference herein. o TERM. OWNER agrees that the Dwelling Unit shall rcm:fin as affortkfl}le housing and shall be offered for sale in accordance with the standards set forth in tile appendices to the Impact Fee Ordinance for a period of fifteen {15) years commencing from thc date lhe certificate of occupa,cy is issued for thc Dwelli.g Umt. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and v,'arra,ts tile fol Iowim2' Owner maintains a housc]lold with a lox,.' income as defined in [he appendices to the Impact Fcc Ordinance and thc monthly payments to purchase the Dwelling U,it 111tlSt be within thc affimlablc housing guidelines established in thc appendices to thc Impact Fcc Ordinance; Owner is a first-lime home buyer: Thc Dwclli,g U,iI shall be the homestead ofowncr: 2 OR, 2 G,,19 8 d. Tl~c I)wclling Unit shall remain as afl'ordablc housing for fiflccn (15) ycars from Ihe date tile certificate ofoccupancy is issued for the Dwelling Unit: e. OXVNER is the owner of record of the Dwelling Unit and owes impact I~cs in thc total amounl of 53.929.52 pursuant to Iht Impact Fee Ordinance. In return for thc 50%waivcffSO% dcfc~al of the impact Fees owed by OWNER. OWNER covenants and agrees to comply with Ihe affordable housing impact fee waiver qualification criteria detailed in the Impact FceOrdinance. 5. SUBSEQUENT TRANSFER. If OXVNER sells thc Dxvclling Unit subject to the impact Fee waivcr/dcFc~al to a subsequent purchaser or rcnlcr, the Dwelling Unit shall be sold only to hot~seholds meeting thc criteria scl lbrth i~ lhe Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be ufili/cd For aflbrdable hous~g for a fif~cc~ (15) yc:~r period after Ibc datc thc ccrtificme of occupancy is issued: ami if ll~c DwcIli~g Unh ceases to be utilized Ibr that purpose during such period, the impact Fccs shall be immediately rcp~id to tl~c COUNTY. except For waived impact Fees if thc dwelling unit has been used For af~onlable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. Thc wa[vcd/dcCc~cd impact Fees shall be a lien upon lhc propc~y which lien may be Foreclosed ttpo~ in thc event of non-compliance w/Ih the reqt~/rcments of this Agreement. 8. RELEASE OI:' LIEN. Upo~ satisfactory completion of thc Agreement requircmcnls and fifteen ~5~ yes, rs after thc date of issuance of the certificate of occupancy, or upon paymc~t of thc xx'aivcd impact Fees, m~d upon paymc~l of thc deferred impact fees. file COUNTY shall, at tile expense of the COUNTY, record any necessary documentation evidencing the temfination of thc lien, includh~g, but not limited to, a re]ease of lien. 9. BINDING EFFECT. This Agreement shall he hinding upon lhe parties Io lhis Agreement al~d Ihcir respective heirs, personal rcpresentalivcs, successors and assigns. In lhe case of sale or transfer by gift of tl~c Dwelling Unit, thc original OWNER shall rcm;mt liable lbr the impact lbcs waivcd'dcfbrrcd until said impact fees are paid in full or until tile comlilions set fo~h in II~e Impact Fee Ordinance are satisl]ed. In additim], this Agreemenl shall run ~vJtll the land and SJlaJl remaJrl a lien against [he Dwelling Unit until the provisions oFSeclion g are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at lhe expense or OWNER in the Official Records of Collier C'ounb.. Florida, within sixty (60) days afier execution of this Agreement by the Chairman of thc Board of Courtly Commisskmers. I I. DEFAULT. O\VNER shall be in default of this Agreement (l) where OWNER £ails to sell thc Dwelling Unit in accordance whh tl~e affordable housing standards and qttalilicati¢m criteria established in thc lmpacl Fcc Ordinance and Ihcrcafler Fails 1o pay thc impact tkes within 30 days ofsaid non-compliance, or (2} el]ere O~VNER violates one et'the affordable housing qualification criteria in tho Impact Fee Ordinance lbr a period of thirty (30) days after notice of thc x'iolali(m. 12. REXIEDIES. Should the OWNER of the property fail t~, comply with the said qualilicatior~ criteria at any time during thc liflcen (151 year period or should OWNER vmlatc any provisions of Ihis Agreement. thc impact fees waived/dcfe~ed shall he paid in lill[ by OWNER within 3fi days of said non-compliance. OWNER agrees that ll~e m~pact l~es ~vaived/deferred shall constitute tt lien on lite Dwelling Unit comntencing on the elTective date of this Agreement and continuing until repaid. 4 OR: 2535 PG: 1990 Such lien shall be superior and paramount Io the inlcrcs! in thc Dwclling Unit of any owner, lessee, tenant, mot2gaucc] or mhcr person cxccpl Iht lien lbr County taxes and shall bc on pant) with thc lien ofanv such County mxcs. Nhouldil~c()WNERbcin default of tiffs Agreement, and thc dchmlt is not cured wiflfin thirty (30) days after written notice to OWNER, thc Board may bring civil action to cnlBrcc this Agreement. In addition, thc lien may be l~rccloscd or othcm'isc cntbrccd by the COUNTY by action or suit in equity as for the foreclosure of a moagagc on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Thc Board shall be entitled lo recover all attorney's fees, incumcd by thc Board in enforcing this Agreement, plus interest at thc statutory rate fi)r judgments calculated o~ n calendar day basis until paid, IN WITNESS WtlEREOF, thc panics have executed this Agreement for WaR'cr/Defexal of Impact Fees on thc date and year first above written. OWNER: Timothy NI. Ringer 2/ STATE OF -,,L"-6'.,,-..z, /3 ,.;' .) COUNTYOF _['"',3, Z l /c',,r _ __) The foregoing inslrumcnt v,'as acknowledged bctbre me this .2_t~, day of .//,],~t-~,/,~ . 1999. by Timothy M. Ringer. t-lc is personally known to me or produced ~ 5-2~j~-~. -(type of identification) as identification. q~ ~ -o [NOTARIAL SEAL] Witnesses: OR: OWNER: Molly A. Rt~ger ~ 1991 STATE OF __~z ~/-, D. · ) COUNTY OF ~'~d_/_¢' ~ ) The foregoing instrument was acknowledged hcfore mc this .,~ day of ~_~[~ . 1999. by Molly A. Ringer. She is personally known to mc or produced ~~~~2(t}'pc of idcntilication) as identification. SEAL] DATEI~k~/$; / fl ATTEST: DWIGHT E. BROCK; Clerk '.Attesffas to Chafra~n's signature Approved as to form and legal su fliciency H¢idi F. Ashton Assistant County Altorncy id/c/agreements/ringer BOARD OF COUNTY COMISSIONERS COLLIER COUNTY. FI.ORIDA / OR' 2535 ,G, !992 EXIIlBIT I,I':(;A L DISCRIPTION TISIO'I'IIY hi. RINGER AND 5IOI.LY ,%. RINGER RESIDENCE TI{E \VEST 150 FT. OF TRACT 66. UNIT 40. IN GOLDF, N GATE ESTATES ACCORDING TO TI{E PLAT TIIEREOF. OF RECORD IN PI.AT BOOK 7. P..\GE 2fi, OF 'Fl [E PUBLIC RECORDS OF COLLIF, R. COUNTY. FLORIDA. V~ t085 ~_~. PT. ~3,1; 3,O.~.f54;* x 2~'} mC- :mE,*, RF-";C)Lt~TION ¢)F TIlE BOARD ()F ('OUNTY C(kMMIgSIONI(RN. ('OI.tJ[:R ('OUNTY. FLOR[DA. AUTIIOIUZIN¢; 50% WAIVER 50% DEFERRAL OF LIBRARY SYSTEM IMPA(q' FEES. I'ARKN AND RECREATIONAl. FACILII'IES [MI'A~ FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMI'ACT FEES, ANI) EDUCATIONAL FACILrFIES SYSTEM IMPA(q' FEES FOR ONE tIOUSE TO BE ('ONSTRU~I'ED BY SUSAN J, FRf{I)ERI('K A'I 2440 gm STREET N. E.. GOLDEN GATE ESTATES IN {'OI.IAI{R COl ;N'I-Y. FI.ORII)A. WilEREAS, Collier County has recognized and attempted to address tile lack of adequate and affordable housing l~r moderate. Iow, and roD'-low income households in the County and Iht need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1: objective 1.5. policy 1.5.2. policy t.5.3, policy 1.5.4. policy 1.5.5. policy 1.5.fl: ()hjcctive 1.6. policy 1.6.3; objective 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy 2.1.5. ami policy 2.1.6 of thc Housing Element: and WIIEREAS. Collier ('ounty has received fin]ding pursuant ltl thc State lhmsing Inilialivcs Pa~ncrship Program scl fimh in Section 420.907 ct. seq., Florida Statutes and ('haptcr 91-37, Florida Administrative Code: and WItEREAS, in accordance with Collier County Ordinance No. 93-19. thc County is authorized to use funding from the Slate l lousing Initiatives Paflnership {SI liP] Program for waivers of Collier County impact fees: and WIIEREAS. Susan J, Frederick is seeking a 50% xvaiver/50% dc~L'rral of impact fees; and WIIEREAS. Susan J. Frederick will construct a three bedroom unit (thc "I)welling [hilt") at 2440 8th Street N. E.. Goklcn Gate Estates in Collier County. Florida; and WIIEREAS. thc Dwelling Unit will be owned by a Iow income household, and WIIEREAS. Susan J. Frederick submiltcd to thc office of thc }lousing ;ltld IJrlmn Improvement Depmlmcnt an Affi~rdablc l lousing Application dated March 3. 1999 thr a 50% waiver/50% deferral of impact fees fi~r thc construction of a house ;11 244~ 8th Street N. E.. (;oldcn Gate Estates in Collier County. Florida. a copy of'smd application is on I]Ic in thc }lousing and Urban Improvement Department; and WtlEREAS, in aeconlancc with Section 3.04 of the l.ihrary System Impact Fcc Ordinance, Ordinance No. 88-97. :,s amended; Section 4.05 of tile l'arks and Recreational I;acilitics hnpact Fee Ordinance, Ordinance No. 88-9(~. as amended: Sectima 3.04 of tile Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of tile Emergency .Medical Sen'ices System hnpact Fee Ordinance. Ordinance No. ')1:71, as amended; and Section 3.05 of tile Educational F:,cilitics ? System Impact Fcc Ordinance. Ordinance No. 92-33, as 'm~cndcd: an applicant may oblain a 50% waiver/50% defe~al of inn pact fees by quail Vying for a waivcr/dct~.~al: and WilEREAS. Susan J. Frederick has qualified for an impact Fcc waivcr;dctkmfi based upon following rcpresentatmns made by Susan J. Frederick: A. The Dwelling Unil shall be oxvncd by a first-time home buyer. B. Thc Dwelling Unit shall be owne, l by a houschokt with a low income level as that term defined in thc Appcmiiccs to Ibc rcspcchvc impacl Fcc Ordinances ami Ibc monlhly payment to purchase thc trait must be within thc afl~mtablc housing guidelines established in Ibc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the l[omestead ofthe owner. D. The Dwelling Unit shall remnin affordable for fifteen (15) yenrs From the date lhe ccflilicale of occupancy is iss~,cd NOW. TIIEREFORE, lie IT RESOI,VEI) BY TIlE COMMISSIONERS OF COI,I.IER COUNTY, FI,ORII)A. TIIAT: BOAI,ll) OF C¢)UNTY Tile Board of County Commissioners hereby aulhorizes the Counly Administrator lo isstle an Authorization for 50 % waiver/50% defcmd of impact fees to Susan J. Frederick fbr one house which shall he consln~clcd al 24~0 Sl/1 Slreet N. E., Golden Gate Eslates in ('oil/er ('otmly, Florida. Upon receipt by the ttousing and Urban Improvement Director of ;m agreement fi)r 50% waiver/50% deferral of impact fees signed by Susan J. Frederick. or olher documenlation acceptable to the County Altomey. the Board of Cotmty Commissioners hereby aulhorizes the payment by Collier County of the following impact fees from thc Affordable llousing Tnlsl Fund. Fund (191). in the following amounls for Ibc one (Ir))house lo be built at 2d40 81h Street N. E.. Golden Gate Eslatcs in ('ollicr ('ounty. Florida by Susan J. Frederick: A Library Impact Fcc $ 180.52 B. Road [mpacl Fcc 1.379.Ot~ C. Parks and Recreational Facilities Impact Fee: (1} Regional Parks (2) Community Pnrks 399.00 D. EMS Impact Fee E. Educational Facilities System Impact Fcc Tolal Impact Fees S 3.929.52 Thc paymcnt of impact fccs by (..'oilier Counly is subjcct to thc execution and recordation of an Affordable I[ousing Agrccmcnt fi~r payment oF Collier County Impact Fccs bctv.'cen thc property owner and.'or purchaser and thc County. DATED: ATTEST: DWIGHT E. BROCK. Clerk This Resolution adopted after moti6n, second and n:ajority ,,'otc favoring same. and legal sufficiency: Heidi F. Ashton Assistant Count.,,, Atlomcy jd/c/reso/fredenck BOARD OF COUNTY COMMISSIONERS COI. LIER COUNTY, FI.ORIDA,/ EXIIIBIT "A' I,EGAL DESCRIPTION SUSAN .I. FREI)ERICK RESIDENCE TIlE NORTH 75' OF TIlE NORTH 150' OF TRACT 15. UNIT 24. GOLDEN GATE ESTATES, ACCORDING TO TIlE PLAT TttEREOF. RECORDED IN PLAT BOOK 7. PAGES 1 I AND 12 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. <C z 0 'w n: 2462900 OR: 2535 PG: 1978 AGREEMgNT ~OR 50%WAIVErs50% DEFERRAl. OF 100% COI.I.IER COUNTY IMPACT FEES Tiffs Agreement for Ibc Waiver of Impact Fccs catered into Ihis/~ day of .. 1999 by bctxvccn thc Board Cotmtv ('ommissioncrs o1' Collier Of County, Florida. hereinafter rclk~ed to as "COUNTY" and Su~an .I. Frederick. hereinafter refc~cd to as "OWNER." WI TN ESS ET 1t: WHEREAS. Collier Cout]lv Ordin;mcc No. 88-97. as amended. Ibc Collier County Libra~ System Impacl Fcc Ordinance, Collier Counly Ordinance No. 8g-96. as amended, Ibc Collier County Parks and Recreational Facilities Impact Fcc Ordinance: Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sca'ices Syslcm Impact Fcc Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collier County Road Impact Fcc Ordinance: Collier County Ordinance No. 92-33. as amended, thc {'oilier County Educational Facilities System Impact Fcc Ordinance: as lhcv may be timber amended from time to time hereinafter collectively referred io as "Imp;icl l:cc Ordinance". provide For waivers of impact fccs For new owner-occupied dwelling units quail Vying as affordable housing; and WHEREAS. OWNER hns applied for a 50% waiver/50% defe~al of impact fees ns required by thc Impact Fcc Ordinance, a copy of said np?lication s on file in Ibc office Housing and Urban Improvement Depnmncnt: nnd WHEREAS. Ibc County Admm~slralor or his dcsignce has reviewed the OWNER's application and bas found that it complics wifl~ Ibc requirements for nn affordable housing 50% wniver/50% deSe~al ofimpac~ fccs ns established in lhe lmpnct Fcc Ordinance; nnd WHEREAS. Ibc impact fie xvaiver/defc~nl shall he prescnlcd in lieu of payment of requisite impact fccs subject to salisfi~ction of nll cnlcria in thc Imp.ct Fcc Ordinm~cc quali~'ing the project ns eligiblc for an ~mp:~cl fie ~v:nvcr/dcfcrral and OR: 2535 PG: 1980 d. The Dwelling [.Init shall remain as affordable housing for fi flccn (I 5) years from thc date the certificate of occupancy is issued for the Dwelling Unit; and c. (}\VNHR is the o,xner of record of thc Dwelli,g t.;nit and (',,.,.'cs impact Ii'es i~ lh¢ total amom~t ~)f 53.929.52 pursual,.l to the Impact Fee Ordil]ancc III rclUl'll for thc 50%waix'cr, Sff~',, dcl~rra] of thc impact Ikes owed bv OWNER, OWNER covcna~lls and agrees lO comply with the affordable housing in]pact fee waiver qualificatmn criteria detailed in Ihe Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER, If OWNER sells thc Dwelling Unil sutziect lo thc impact Fcc waivcr;dcfemfl to a subsequent purchaser or renter, the l)wclling Unit shall be sold only to households meeting the criteria scl [b~h in thc [mpacl Fcc Ordinance. 6, AFFORDABI,E REQUIREMi~NT, The Dwelling Unit Ill.St be ,tilizcd [bt arlgnlable housing for a fifteen {15) year periled after tile dale thc ce~ificatc of occupancy is issued; and ~f thc [)welling [!nit ceases to bc utilized tbr Ihat ImpOse during such period, thc impacl t~'cs shall be immediately repaid to thc COUNTY. except for waived impact fees if thc dwelling ,mi has been used tor aflbrdablc housing For a continuot~s period ol []ficcn years after the date thc certificate of occt]pa~lcy is issued. 7. IAEN. Thc waived delL'fred impact fees shall hca lien upon thc propc~y which lien may be foreclosed upm~ in the cven~ of mm-compliance with thc requirements of this Agreement 8, RELEASE OF LIEN. Upon satisfacto~ completion of thc Agreement requirements and tifleen {15J years after the date of issuance of Ihe certificate of occupancy, or upon payment or thc waived impact fees. arid upo~l payment of the deleted impacl OR: 2535 PG: 1979 WllERF. AS. Ibc COtiNTY al,proved a waix'cr."dcFcrral (~1' ~mpact Fees Ibr OWNER embodied in Rcsolution No. 99-~_~.~ at its rctjular meeting off 1999: ami ~HEREAS. thc Impact Fcc Ordinance rcquires flint thc ()~NI:R cmcr int- Agrccmcnt with thc C OU, 'r5. NOW. TI IEREFORE. m consideration of thc forcgoing rccilals. Ibc parties covenant and agree as follows: I. RECITALS INCORPORATED.. Thc fix'cgoing rccihds arc line and correct and shall bc inco~oratcd by reffcrcnce herein. 2. LEGAl. DESCRIPTION. The legal description of thc dxvclling unit film "I)wclling Unif') and site phm is attached hereto as Exhibit "A" and inct3qmraled by reference herein. 3. TERM. OWN[iR agrees that tl~c Dwelling Ihfit shall rcm;fin as al'fi,'dalqc housing and shall bc offered lbr sale in accordance with thc slamhlrds scl tbrlh appendices Io the Impact Fcc Ordinance fi~r a pcrmd of fiflccn (15) years commencing from thc date thc cc~ificalc off occupancy is issued lhr Ihc Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER rcprcscnts and wammls thc £ollowing: a, C. Owner maintains a household with a Imv II1COIllC aS dclh~cd in thc appendices to the hnpact Fcc Ordinance and thc monthly payments lo purchase thc Dwelling Unit IlltlSt be Xtllhill thc affimlable housing guidelines established in the appendices Io Ibc Impact Fcc Ordinance: ()whet is a first-time home buyer: Thc Dwelling Unil shall be thc lmmcslead ot'mvncr: 2 OR: 2535 PG: 1981 fees. thc COUNTY shall, m Ihc expense of Ihc COUNTY. record any necessary documentation evidencing thc termination ortho lien. including, but not limilcd to. a release of lien. 9. BINDING EFFECT This Agreement shall be binding ,pon the parties to this Agreement and their respective heirs, personal represc.tntivcs, successors and assigns. In thc case of sale or transfer by gift of the Dwelli,g Unil. lhe original OWNER shall remni, liable For the impact fees wa~ved.'defcn-cd .ntil said impact Fees arc paid i. full or tlnl~l lhe conditions set forth in Ibc lmpacl Fcc Ordinance arc satisfied. I, addition, this Agreement shall run wJlh the land and shall remain a lien against the Dwelling [Jnit .nfil the prox~isio,s ~ffScction 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNHR al the expense of OWNER in tl~e Official Records of Collier County. Florida. wififi, sixly (60) days after execution of this Agreement by the Chairman ~t' the Board of Co,nly Commissioners. 1 I. DEFAULT. OWNER shall be in dc~'mlt of this Agreement {I ) where OWNER fails to sell the Dwelling Unil in accordance wilh Ibc affordable ho.sing slamlards and qualification criteria established in thc Impact Fcc Ordinance and thereafter fails Io pay thc mq~act Fees within 30 days oFsaid non-complia,cc..r (2) where OWNER violales o~e oFthe aflbrdablc housing qualification crileria in thc hnpacl Fee Ordinance fbr a period of thirty (30)days after nolicc of lbo vh)lalion. 12. REMEDIES. Should ~hc OWNER of Iht propcmy Fail to comply with thc said qualification criteria at any timc during thc fifteen (15) year period or sho,ld O%VNER violate any provisions of this Agrccmcnt. Ibc impact Fees waived/deleted shall be paid in fidl by OWNER within 30 days of said non-compliance. OWNER agrees thnl thc m~pact fees waived/deleted shall conslitutc a lien on thc Dwclli,g Unit commencing o, thc cfl%ctive~ date of this Agreement and continuing tmtil repaid. 4 0R:'2535 PG: 1982 Such lien shall be superior and paramoutl! tO tile interest in Ibc Dwelling UllJl of ally owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Cotmty taxes. Should the OWNER be in default of this Agreement. and the default is not cured within thirty (30) days after writte, notice to OWNER. tl~e Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or othcnvise enforced by thc COUNTY by action or suit m. equity ns For the foreclosure of a mo~gage on real property. This remedy is cunmlative with any other right or remedy available lo the COUNTY. The Board shall be entitled to recover all attorney's fees. incu~cd by the Board in enforcing this AgrecmcnL plus imcrest at the staltHoO, rate For fitdgmenls calculated on a calendar day basis until paid. IN WITNESS WIIEREOF. (l~e panics have executed this Agreement ~br Waiver/Defcgal of Impact Fees on the date and year first above wrilten. Witnesses: Print Name STATE OF COUNTY OF "-~-usar~'J. Fre/0e/rick - -- ' The foregoing instrunmnt was acknowledged before mc this .? :5 day of ~~-~-~ ._ , 1999. by Susan J. Frederick. She is personally known lo mc or ~. produced ~ ~Z~ i~O-? %._ ,5 ~-- (type o f identification) as/don ti ficat ion. ~.2 - ~' -- [NOTARIAL SEAI.] < ~?,gnature of Person Taking Ackno,~dgmcnt OR' " :XTTEffT: ,' : ~ DWIGHT E. BROCK. Clerk :est a~ to'CMfr~an's lhJ~tbre onl~. as lo ~om~ and logo] su[~cicncy Hoidi F. Ashton Coumy Ailomoy BOARD OF COUNTY ('OMISSIONERS COLLIER COUNTY. FI~ORIDA ~y:,/, ~ ~ ~ b' l ',. PAMELA S. MAC'KIE, C[[AIRWOMAN / jd/c/agrccment.qfredcrick EXIIIBIT 'A' I,EGAI. DISCRIPTION SUSAN J. FREDERICK OR: 2535 PG: 16 q 1984 TI-IE NORTH 75' OF'I'IIE NORTH 150' OF TRACK 15. UNIT 24. GOLDEN GATE ESTATES. ACCORDING TO 'FILE PLAT TIII£REOF. RECORDED IN PLAT BOOK 3. PAGES 67 AND 68. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. *** OR: 2535 PG: 1985 Ou~ "' 1 Al 0 RF. SOI.I~FION NO. 99- ~9~ RESOLUIION OF ]'tie BOARD OF ('OUNTY CONI.MI.'<,SI()NhRS. COLLIER COUNTY. FI.ORII)A.-AU~tIORIZING 50% WAIVER 50% I)EFERRAI. OF [.IBRARY SYSTEM IMISXCT FEES. PARKS ANI) RECREATIONAl. FACILITIES IMI'A~ FEES, ROAD IMI'A~' FEiiS. EMERGEN('Y MEDICAl. SERVI('ES IMPA('F FEES. EDt:CATI()NAI. FA('II.I'I'IES SYS'I'IiM IMI'A{'I' I:EES AND WATER ANI)'(H~ ShWHR IMFAC] FEES FOR ONE IIOUSE TO lie ('ONS] RUCTEI) [3Y JIU.IC) ('. ('ISNEROS AND YADIRA ('ISNEROS ON l.OT 10. BI.O('K 3. NAPLES MANOR ADD[ ['ION IN ('~)I.I.[ER ('OUNFY, FLORII)A. Wll EREAS. Collier Cotmtv has recognized anti nttempled Io address the lack of adequale and affordable housing l~r moderme. Iow. and veo'-Iow income households in the County and the need for creative and innovalsve programs ~o assisl in the provision of such housing hv including several provisions in the Collier County Grox~th Management Plan. including: objective 1.4. policy 1.4.1; objective ].5. policy 1.5.2. policy 1.5.3. policy 1,5.4. policy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3: objective 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of Housing Element: anti WI IEREAS. Collier Courtly has received funding pursuant lo thc State I lousing Initiatives Pannership Program scl fo~h in Section 420.907 et. seq.. Florida Slalules and ('bapter 91-37. Florida Administrative Code: ami WIIEREAS. in accorda,ce wilh Collier County Ordinance No. 93-10. the County is authorized lo use funding from lhe Slale l tousing Initiatives Pam~ersbip [SHIP] Program for waivers of Collier County impact Fees: and WIIEREAS, Julio C. Cisneros and Y~dira Cisneros are seeking a 50% waiver/50% defcgal of impact fees: and WIIEREAS. Julio C. Cisneros and Yadira Cisneros xxill consln~cl a fimr bedroom trail (tho "Dwelling Unit") on Lol 10. Block 3. Naples Manor Addition in Collier ('ounly, Florida; and WIIEREAS. the Dwelling Unit will be oxt ned by a Iow income h-usehold, and WItEREAS. Julio C, Cisneros and Yadira Cisneros submitted to thc office office l lousing and Urban Improvement Department an AI]brdable Ilo,sing Applicatmn dalcd February I. 1999 tbr a 50% waiver/50% defe~al of impact fees l~r the construclion of a house on 1.oi I0. Block 3, Naples Manor Addition m Collier County. Florida. a copy of smd applical~on ~s ,m file in the llousing and Urban Improvement Department: and WIIEREAS. in accordance with Section 3.04 of lhe Regional Waler and/or Sewer Systems Impact Fee Ordinance. Ordinance No, 98-60. Section 3.04 of the I.ihra~' Syslem Impact Fee Ordinance. Ordinance No. 88-07. as amended; Section 4.05 of lhe Parks and Recreationnl Facililies Impact Fee Ordinance. Ordinance No, 88-96, as amended; Seclion 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended; Section 3.05 of ~l~e Emergency Medical Sen'ices System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.o5 of the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-33, as amended; an applicant may ohlain a 50% waiver/50% deferral of im pact fees hy qualifying for a waivcr/dcfc~ak and ~VIIEREAS. Julio C. Cisncros and Yadira Cisncros have qualified Ihr an impact fee waiver/dele=al based upon the following reprcscnlations made by Julio C. Cisncros and Yadira Cisneros: Thc D,.vcllinZ Uni! stroll bc ox~ ned by a first-time home buyer. Thc Dwelling Unit shall be owned bv a household with a Iow income level as that lcm~ is defined in the Appendices to the rcs[:cctive h;;pact Fcc Ordinances and the monlhly payment to purchase the unit must bc within the affordable housing gnidclines cslablishcd in the Appendices to thc respective Impact Fee Ordinances. lhe Dwelling Unit shall be the ltomestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15))'cars from thc date the certificate of occupancy s issued. NOW, TIIEREFORE, lie IT RESOI,VED BY ]'lie IIOARI) O1: COUNTY COMMISSIONERS OF COLI,IER COUNTY, FI,OR. IDA, TilAT: The Board of County Commissioners hereby authorizes thc County Administrator to issue an Author/zation for 50 % waiver/50% deferral of impact fees to Julio C. Cisneros and Yadira Cisncros for one (l) house which shall be constructed on l,ot 10. Block 3, Naples Manor Addition in Collier ('ounly. Florida. Upon rcccipt bv thc tlmming and Urban Improvement l)ircctor of an agreement fi~r 50% waiver/50% deferral of impact fees signcd by Julio C. Cisncros and Yadira Cisncros, or other documentation acceptable to the County Attorney, the Board of County ('ommissJoners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Ilousing Trust Fund. Fund (191), in the following amounts for the one (1) house lo be built al on Eot 10. Block 3. Naples Manor Addition in Collier County. Florida hy Julio C. Cisneros and Yadira Cisncros: A. Library Impact Fcc B. Road Impact Fee C. Parks and Recreational Vrtcilities hnpact Fcc: ¢ 1 ) Regional Parks (2) Community Parks D. EMS Impact Fcc 180.52 1,379.00 179.t)0 399.00 14.(}O Educational Facilities System hnpact Fee 1.778.f)t) F. Scxvcr Impact Fcc 1.575.O0 Water h'npact Fee Total Impact Fees 1.275.0{) 6,779.52 The paymcnt of impact fccs by Collier C0unty'i$ ~ubjcct to the cxccution and rccordalion of an Affordable tlousing Agreement for p:~ymcnt of Collier County In, pact Fees between the property owner anWor purchaser and the County. This Resolution adopted after motion, second and majority ~.ole favoring same. ~.DWIGHT E. BROCK. Clerk az to $t~lature Approved' as to form and legal Sufficiency: tfcidi F. Ashton Assistant County Anon~cy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA / ~,M ELA $. MAC'KIE, £'~ IAII~WOMAN jd/~rt'~¢imcro~ EXIIiBIT I,EGAL DESCRIPTION · IUI,IO C. CISNEROS AND 't'ADIIL,~ CISNEROS IIESIDENCE LOT I0. BLO('K 3. NAPI.ES MANOR ADDITION. ACCORDING TO TIlE PLAT TItEREOF, RECORDED IN PI. AT BOOK 3. PAGES 67 AND 68 OF 'riie PUBLIC P, ECORDS OF COLLIER COUNTY. FLORIDA. 60,00 LOT 10, BLDCK 3 NAPLES MANFIR ADDITI[]N 25' CD 25' peep ~et beck PRFIPDSER RESIDENCE PRESTIGE SPEC, - 39'8' X 1422 SQ FT PRDPF]SED ELEV +8,2' CD C) u 2462899 OR: 2535 PG: 1970 COI.I,IER COUNTY I.~rACT FEES Th,_is Agreement for the Waiver of hnpact Fees entered into this ~ day of ~_.)t.x.0.~ . 1999 bv and between the Board of County Commissioners of ('oilier County, Florida. hereinafter referred to as "COUNT'~ .... and .luho C. ('isneros and Yadira Cisncros. hereinafter referred to as 0~\ NER. WITNESSETIt- WHEREAS. Collier County Ordinance No. 88-97, as amended, tile Collier County Libra~' System hnpact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; ('oilier County Ordinance No. 91-71. as amended, thc Collier County Emergency Xlcdical Services Syslcm Impact Fee Ordinance; Collier Cotmlv Ordinance No. 92-22. as amended, the Collier ('ounty Road Impact Fee Ordinance: Collier County Ordinance No. 92-33. as amended, the Collier Educational Facilities System Impact Fee Ordinance: and Collier County Ordinance No. 98-69, lhe Regional Water and'or Sewer Systems hnpact Ordinance. as they may be amended from time to time hereinafter collectively refc~ed to as "Impact Fcc Ordi,ance", provide For waivers of impact tkcs for new turner-occupied dwelling units quali(ving as affordable housing; and WHEREAS. OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the hnpact Fee Ordinance. a cop>' of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, thc Cotmtv Administrator or his designee has reviewed tile OWNER's application and has found that it complies with the requirements For an affordable housing 50% waiver/50% deferral of impact fees as established in thc hnpact Fee Ordinance: and 1 OR: 2535 PG: 1971 16 10 WHEREAS. the impact fcc waiver/deferral shall be presented in lieu of payment of Iht requisite m~pact fees subjec~ to sfitisfaction of all criteria in thc hmpact Fee Ordinm~ce quali~'ing project as eligible for an impact fee waiver/deferral and V*q-IEREAS, the COUNTY approved a waiver/deferral of ii,npact Ices fei,- OWNER embodied in Resolution No. 99-/_5'at its reguklr meeting of_~:,~/_~ 1999; and WHERE:\S. tile hnpact Fee Ordinance requires that thc O\VNER cntcr into an Agreement with thc COUNTY. NOgV. Tt IEREFORE. in consideration oF Ihe fore.going recitals, thc parlics cox'¢nanl ant] agree as follows: 1. RECITALS INCORPORATED. Tile foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (tile "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall be offered for sat2 in accordance with tile standards set forth in tile appendices to thc Imp:let Fee Ordinance for a period of fifteen (15) years commencing from the date tile certificate of occupancy ~s issued for tile Dwelling Unit. 4. REPR. ESENTATIONS AND \VARRANTIES. O\VNI:A~. rcprcscl]IS alld warrali,ts tile following: a. Owner maintains a household with a Iow Income tls. defined in thc appendices to tile hnpact Fee Ordinance and tile momhly payi,nents lo purchase tile Dwelling Unit must be within thc affordable housing guidelines established in thc appendices to thc Impact Fcc Ordinance; b. Owner is a first-time home buyer; Co OR: 2535 PG: 1972 16/ !'a Thc Dwelling Unit shall bc thc homc~tcad ofm~ ncr: Thc Dwelling Unit shall remain as aflbrdablc housinu lbr fifteen (l 5) years from thc date thc certificate of occupancy is issued {St fl~c Dwelling Unit; and c. OWNER is thc owncr of record of Iht l)wclling [/nit and owes impact fees in Iht total amount of $6.779.52 pursua[ll to thc hnpact Fcc Ordinance. In rcmm for thc 50%waivcff50% dcl~mll t)f thc impact fccs owed bv OWNER. OWNER covenants and agrees to comply wilh thc affordable housing impact fcc waiver qualification criteria detailed in thc hnpacl Fcc Ordinance. 5, SUBSEQUENT TRANSFER. If OWNER sells the Dxvelling Unit subjcc{ to the impact fcc waivcr/dcfemal to a subsequent purchaser or rcmcr, thc Dwelling Unit shall bc sold o~Ix' to households meeting thc criteria SCl timh in Ihc Impact Fcc Ordinance. 6, AFFORDABLE REQUIREMENT. The Dwelling Unit must hc uti izod lbr affordable housing tbr a fifteen (15) year period after thc date Ibc certificate of occupancy is issued: and if the Dwelling Unit ceases to be utilized for that pt[~ose during such period, thc impact Fees shall be immediately repaid to thc COUNTY. except for waived impact l~es if thc dwelling unit has becn used for affordable housing For a continuous period of filiccn years after thc date thc cch ficatc of occupancy is issued, 7. LIEN. Thc waived/deleted impact fees shall be a lien upon thc property which lien may be forccloscd upon in Iht event oF non-compliance with thc rcquircmcnts oF this Agreement. 8. RELEASE OF LIEN. Upon satisfactory complction of thc Agrccmcnt requirements and fil~ccn (15) years al~cr thc dale (*t'iss{ancc (>i'thc ccrt~ficalc of occupancy, or upon paymcnt oF thc xx aired re]pact fees. and upon payment of thc dcFcmcd impact OR: 2535 PG: 1973 fees. thc COUNTY shall, at thc expense of the COUNTY. record :my necessary documentation evidencing the termination of the lien. including, bt,t not lirnitcd to. a release of lien. O. BINDING EFFECJT. Tiffs Agrccmcnt shall be binding upon Ibc parties Io this Agreement and their respective heirs, personal representatives, successors and assigns. In the case ~f salt2 or Iransfcr by gift or the Dxvclling Unit. Ihe original OWNER shall remain liable for the impact fees waived/deferred until said in:pact fees arc paid in full or until lhe conditions set forth in the hnpacl Fee Ordinance arc satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against tile Dwelling Unit unlil tile provisions of Section 8 arc satisfied. I0. RECORDING. This Agreement shall be recorded by O\\;NER at thc cxpcnsc of OWNER in Ibc Official Records of Collier County. Florida. within sixty (60) days after execution of this Agreement by the Chaimlan of tile Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement ~1 ) where OWNF. R fails to sell thc Dwelling Unit in accordance with tile affordable housing standards and qualification criteria established in tile Impact Vee Ordinance and thereafter fails to pay tile impact fees xvithh~ 30 days of'sakl non-compliance, or f'2) where OWNER violates one of the affordable housing qualificalion criteria in Ihe Impact Fee Ordinance for a period of thirty (30) days after notice of thc violation. 12. REMEDIES. Should the OWNER of thc property fail tt> comply with thc said qualification criteria at any time during lbo fifteen (151 year period or should OWNER violate any provisions of this Agreement. the impact fccs waived/deferred shall be paid in fifil bv OWNER within 30 days of said non-compliance. OWNER agrees that tile impact fees waived/deferred sMll constilute a lien on tile Dwelling Unit commencing on tile effective date o£ this Agreement and conlinumg until rep:fid. OR: 2535 PG: 1974 Such lien shah be superior and pnrm~oun! ~o ~hc ~n~ercs~ m fi~o DwdHng Unh of any owner, ~sscc. ~cnam. momgagce, or mhcr pcrsen cxccp~ fi~c ]~cn for ('oun~y mxcs and shah bc on pafi~y whh fl~c Hen oFany such Coumy rexes. ShouM tim OWNSR bc default of this Agreement. and the default is not cured wilhin Ihifly (30) days after written notice to OWNER, the Board may bring civil action lo enforce this Agreement. In addition, the ich may be Foreclosed or othcnvise enforced hy COUNTY by achon or suit m equity as tbr the fi~rcclosurc of a mortgage on real propc~y. This remedy is cumulative with any other right or remedy available lo thc COUNTY. Thc Board shall be entitled to recover all atlomcy's Fees, incu~ed by the Board in enforcing this Agreement. plus interest at thc staluto~' rate For judgments calcvlatcd on a calendar clay basis until paid. IN WITNESS \VI IEREOF. tile panics have executed ?:Waivcr/Dcfe~al of Impact Fees on thc date and year first above written. this Agrccmcnt For Witnesses: Print Name~.2~ · OWNER: ros Name. STATE OF ~ .,~.~:~) COUNTY OF ~ ,-_ ~._.<______ ) The foregoing instrumcnt was acknowlcducd hcforc mc this ,:9_~/;_ day of 1909. hy Julio C. Cisneros. lie is personally known to mc-or produe~ (ty~e-nf-identi fi~il~7~/a.'~ dentificat ion. [NOTARIAL SEAL] Witnesses: Print Nam~_., 'tint Name_._~?.,,, .... OR: 2535 PG: 1975: 5 OWNER: 'Sradira Cisncros STATE OF ) COUNTY OF The foregoing instrument was acknowledged before me this 4~_ day of .:'~?~~~ ~, 1999. by Yadira Cisncros. She is personally known to mc or~r~ (t}~e o~~~[on. 'NOTARIAL SEAL] ~:' '~/" ~)WIGHT E. BROCK. Clerk ~tg~t. Ure on}.y. BOARD OF COUNTY COMISSIONERS COI. LI[:.R COUNTY. FI.ORII)A 'PALM ELA ,~- ~~~OMAN / Approved as to form and legal sufficiency F. Ashton Cotmty Attorney jd/c/agrccmcnl~/clsncros 6 OR: 2535 PG: 1976 I0 EXIIIBIT 'A' I.EGAL DISCRII'TION .IUIAO C. CISNEll. OS ,',.ND YADIRA CISNEROS RESII)ENCI.; I.OT 10. BLOCK 3. NAPI.ES MANOR ADDITION. ACCORDING TO TIlE PI.AT I'[tEREOF. OF RECORD IN PLAT Be)OK' 3, PAGF. S. 67 AN[) 6,S. OF TIfE PUBLIC RECORDS OF ('OLLIER COUNTY, FLORIDA. r 50,00 *** OR: 2535 PG: 1977 LOT 10, BLOCK 3 NAPLES MANFIR ADDITIDN 85' rear set back PROPDSER RESIDENCE PRESTIGE SPEC. - 39'8' X 1488 SQ FI PROPOSED ELEV +8,8' U Front set bac ~l $¢~'~ / "'-,%o ' 8 CONS'r UCTIO ^NO Tills C()NSTRUCI I()N MAIN1 I:NANCE AGRI~EMENT FOR SUIII)IVISION [MI'ROVI[MI':NTS I'RI()R TO RECORDING OF PLAT entered into this .~ _ day of ~. 19. ~Y bclwccn i'ebblt'hronke I.akcs Limllcd Partnership hereinafter rcl~'~2d ,) as "I)cvc[opcr." and thc Board of ('oun~x Commissioners of Collier County. Florida. hereinafter rcfcncd to aq thc "Board." I. Dcvch, pcr ha',. simultancousl', u, ilh the dclh cO of this Agreement. applied fi,r tile approval by thc lh,ard of a certain plal of a subdivision to be t..m,.,.n as: l'ebblebrookc Lakcs Pha~,e 2. 2. Di'.i',i,n 3.2 of Ibc Collier ('ounD, [.and Development Code allo~s thc l)eveloper to conslmct the impro,,ements required b: said subdR isiml regulations prior m recording ll~e final piut. u" : NOW III[:.RI'.'FORFL ~n ccmqderalion of the foregoing premise~ irnd mumm cm, cnanlq hereinafter sci fnrth. Dcveh~pcr and Ibc It,ard do bercbx co,.cnant and agree as follox~,,: l)c,.eloper x~ill cause to be constructed: the Required Improvements x~hhin 12 months from the date of appro,,al ,f said ,mbdi~,ision plat. said improvements (water. sewer, drainage and roadway) hereinafter referred to as the required improvemenls. 2, l)cvclopcr hcrcx¥itll agrccs to construct said improvements prior to rcc,rding said subdMsion plat and thc Board ofCounty Commisskmcrs shall not approve thc plat rot recording until said improvements have been completed. 3. Upon completion of ,,aid improvements, thc Developer sMll lender ils subdivision pcrfimnance security in tile amount of S24.465.65 u. hich re presents lea percent of lhe total contract co,~t to complete construction. Upon receipt of said subdivision perfi~rmanc¢ security by the Development Services Director. tile l)evcloper may request the Board of C~unty Commissioners to approve the subdivision plat fi~r recording ami grant preliminary apprw, al of said plat 4. The required improvements shall not be considered ct,replete until a slaternenl of substantial completion hy D¢,,eloper's engineer along s~ith lhe final project records have been furnished to be reviewed and appro,,cd by tile l)ev¢lopmcnt Sen'ices Director fi~r compliance ~s'ilh Ibc Collier County I.;tnd l)evelopment Code. 5. Ibc I)evcl, pmenl So, ices Director shall. ~ithin sixt', (60) da.~s of receipt of the slalcmcnl of substantial completion, either: al notify the Developer in writing of his prclimina~' apprm'al of the improvements; or b) notiR' the Dc~cloper in ~riling of his rcfi~sal m approve Iht improvcmcnt~, ff~crc~ iff~ ~pccifying those conditions which thc developer must tblfil in order to obtain Iht l)ireclor's approval ,f thc improvements. Ilowevcr, in no event shall the Development So,ices Director refi~se preliminag' apprma of tt~c improvemenls if they are in Jhcl constmclcd and submitled fi*r approx al m accordance xs ifil Ibc req tlJrcnlcnts t~J' th i~ Agrccmcnl. 6. The Developer shall maintain all required improvements fi~r a minimum period of one year after pr¢limina~' appro~.al bv the Development Services Director. After the one year maintenance period by tile Developer has tcmlmated, tile Developer shall petition file l)evelopment Ser,,ices Director to inspect the required improvements. /tie Development Services Director or bis designee shall inspect tile improvements and. if foetal to be still in compliance with tile Collier County [.and Development Code as reflected by final approval by Ibc Board. the Board shall release the ten percent subdivision performance sec,ritv, lh¢ Developer's responsibilily fi}r maintenance of the required improvements sball continu[2 unless tlr unlil tile Board accepts maintenance responsibility for Ihe County. :T 16/ 1 1 7. In thc event thc Dc~,clopcr shall fail or neglect to fulfill its obligation under this Agrccmcnt. upon .. certification of such failure, the County Administrator may call upon thc subdivision security to secure satisfacto~ repair and maintenance of the required improvements. The Eoard shall have the righl to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids. the improvements required herein. The Developer, as principal under the subdivision performance security. shall be liable to pay and to indemni~, the Board. upon completion of such construction, the final total cost to the Board thereof, but not limited to. engineering, legal and contingent costs, together with any damages, either direct or conscqt~ential. ~hich thc Board may sustain on account of the failure of thc Dcvelapcr to fififill all of Ibc provisions of this Agreement. 8. All of thc lerms, covenants and conditions herein contained arc and shall be Mnding upon the Developer and ~he respective successors and assigns of the developer. WITNESS WHEREOF. the Board and the Develop_er have caused this Agree~ncnt to be executed by their duly :d representatives this /.~ 4_.Z, day of_~. 19~_~. ..... . · ' ilncssesto __ . ,-v.n -: --' - ~ , _ Witnes~sto ~4: r..,'~ ~ :~ .'j ,-.. , ~t"~ A~EST: ':' DWIGIll' E. BROCK. CI.ERK $ J' ~fld and legal su~cicncy: Anomey Pebblebrooke Lake~ Ltd., a Florida Limited Partnership / . / Fl)': Sauadrv & ^ssociptes. ln~4 its General PartnerJ...,'~ I /'" /1' / ,: ' ' t ,' t' ~ //~ ! . ~ ~v I ~"~'~'2 ~ '~ ": '- '.'~ t't' ~ f "~' Kennefl~ P. Snundry J~,; . / / MEN1ORANDUM OF VOTING CONFLICT :FO M:SB AND OTHER LOCAL PUBLIC OFFICERS ;~aC Kie, Pamela S. 1301 Tam[ami Trai! East es Collier~ )ril 13, 1999 I~1¥ I'tiSltl('lH IS:;.~ ELECTIVE ,l AI'POI,'¢I'IVE, . t WHO MUST FILE FORM 8B cent lcfii of govcmment on an appointed or r.l~cd r~ :e t~r .;e h' Y person sewing at thc ~unty. ~ty. ac other 1 ........ ~.~.~ ~' who 3~ ~% commission. ~uchority. or comm~u¢~ J~ ~lj~u{]- ~.] .... ~]'~c rc-uircmcn~ of thU Uw ~ mnn~o~; ~hho,~ rm ~s no~'~u~rcd by la ~ this anicula~ fo ' · U~ 0 f P ... ' ' a utc in which you have a convict of jntcr~t will ~ry u~tly dcpcndJn~ ~ ~ ons,b,h,,cs under ,he taw when faced w,,~.a m~s ..... , ....... close a,,cntion to ,he ,~tru~,,ons on ,1,~ form ~hc[hcr you hold an clcct{ ~o pp ' ' ~ · ' ' ' Jo~ comp[cdn~ [1~ r~'c~sc s{dc 3nd filin~ Ibc form· INSTPUCTIONS FOSZ COMPLIANCE WITH SECTION 1~2_3~43, FLORIDA STATUTES CTED OFFICERS: . · on holdin$ clccHv¢ coun(y, municipal, or o~hcr local public office MUST ABEI'A1N f'rom voting on a measure wi,ich inures bls sp¢cin! prlt-azc gala. Each local afl'leer also is prohibhcd fram knowingly ratine on x measure wi,ich inuz¢s ia thc of a principal (o~l,cr than · ~ovcrnlncnt aBenO') by whom hc is rctalncd. i[hcr c~se. you should disclose the conflict: ~ 3S embJ Ih. nature of)our inlerest in Ite .... NGTAKENby pubHclys~atinzTo~lc' s y - ' ' ' PRIOR TO THE VOTt t~ ' - ~ which you arc abs[aining from voting; and . k? com~ledn- and illin, tt~i~ form widt the pecan r~n~ihle ~or I~TED OFFICEFd' ' - APPO ' ' , ' '~',~,. ...... ~l ~,,hlie Of~Cc NIU~ AB~AIN ~rom vonng on ~ mens.re n holdln app01nIlv¢ .m y, P . · · _ ~..;..I. ~; . a measure which jlIIII{S pcrso g ....... ~l ~r~cr also ,s orohlbncd [rom ........ ~,; v..t,no on . ~, [~urcs ~o Ins 5pcaal pnva~c gain. ~cn ........ ~J--. a~cn~.~ bv whom hc i5 rc~aincd i~;al gain of a principal {od~cr loan a ~ovcrnrncm ~ -;, ~ :,.. · . . rwise may pnr~icJPale in n ~auer in which he has a con~i¢l of intcrcsl, but must. 'F~ omtwc local office olhc arum,nice,on, whether close thc nalurc o/Hie con ' ' ' ' ~crson holdm~ an,a? Ilic~ before matin~ any aucmpt to inllucnce II~c decision by oral or wnncn c. . ae.b~'th~ or,car or at his dircction. : ; ....... ' ..... ~= ':'/ '"" ........ ~ TO I~FI UENCE TIlE D~CtSION PRICK TO TIlE NIEE]INO A- IF. YOU INTEND TO MAKE ANY Ai ~ ~w' ' ' · '' 'H~ VO~E WILL BE TAKE : , ~guld 'complete and file d~is form (before mnklng any ancmpl to innucncc the decision1 whh ~l~e pc,son ,csponsihlej~ in~ thc minutcs of thc meeting who willincorpom~elhc [arm in thc minu~c~. ' YOU MAKE NO ATTEMP1~ TO INFLUENCE THE DECISION EXCEPT BY D[SClJSSION ATT]IE MEk-'TINC~ should disclose orally the nature o( your con/Iici in thc mc~surc before pattie{paring. should complete thc ~o~ and file i~ wi~hin'l~ days afl~ ~hc vo~c ~ wi~h ~hc ~on r~sible for r~in o( Ihe rattling, who should incorpora(c Ih¢ ~orm in [h¢ minu~es. . DISCLOSURE OF LOCAL OFFICER'S INTEREST _____.___~ r i 1 S. c'Kie hereby disclose that on ! 3 .a) ,% measure came ar will come before my a§cncy which (check one) nured Io my spec{al pdYa[e gain: or inured to the special gain of -;m.~ ~ 'K' - p::... {b) Thc measure before my agency and the nature of my interest {n thc measure Js as follows: Agenda Item 16.A. 11. ~quest to approve the final plat of "Pebblebrooke l,a kes · 19. · by Whom ! am Pha se2." COnsultation With 'the County At ~at ~ne t" ~er_pursu. an~ to Section 286 ~Y~_I a, bs_tained from votinc; o u member o~ an,, ~-~- ' -, ,-*u[taa 5t=~..~ ..... ~ n Igency who is mre ...... ty, or municiDa~ n~ ........... provides r ~=,~u -~c any meetin~ of-~,,.~'u_~=~'~u"en~al board, .sion, rfiling or other official act~, ~u~, uo~y at which-an.6fficial -~ is to be taken or adopted %ay 'abstaia rom voting...except when, With respect to any such member, there is, or :o be, a possible conflic~ of interest under the provisions'of S.112.311, ;~12.313, or S.112.3143. In such cases, said member shall comply with the [$closure requirements of S. 112.3143. ,, 1999 )ril :1'3, Filed PROVISIONS OF FLORIDA STATUTES ~112.317 fl98~). A FAILURE TO MAKE ANY RESOLUTION NO. 99.. 192 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONF. R$. COLI.IER COUNTy. FI.ORIDA. AUTIIOR~ZING $0% WAIVER 50% DEFERRAL OF I.[BRARY SYSTEM IMPACT FEES. PARKS AND RF.('REATIONAL FACII.ITIF. S IMI'AC'F FEES. ROAD IMI'Af EMF. Rf;ENCY MF.I)ICAI. SF.R\qCF. S IMI'AC[' [:EES. I{I)t,'('A'I'I(~NAI. FACILH IES SYSTEM IMI'ACq' FEES AND WATF. R AND:(~R SEWER IMPACT FEES FOR ONE I IOUSE TO BF. CONSTItU('TF.I~ 113' RENE 'H~,EJO ¢)N LO'F o. BI.O('K 6. NAI'I,ES MANOR ANNEX. IN ('OI.I.II{R COlIN"FY. FI.ORIDA. 'sVIIEREAS. Collier County has recognized and attempted to address the lack of adcqu;ttc and affordable housing for moderate. Iow. and very-low income households in thc Uotmlv and the need for creative and innovauve programs to assist in the provision of such Ilousing bv inclt~ding scvcral provisions m thc Ct)flier Ccmntv (Jro:~.lh Managcmcnt l'I;m, inchiding: ol:,jcctlvc 1.4. policy 1.4.1; objective 1.5, policy 1.5.2. policy 1.5.3. pol/cy 1.5.4. policy 1.5.5, policy 1.5.6; -bjcctivc 1.6. policy !.6.3; objectv¢ 2 I. po cv 21.I, polcv 2.12, policy '~1'l polcv 21 5 'mi relic,. * I 6 of the ttousing Element; and .' ~!!"~:3'~ WilEREAS. Collier Count>, has received fi, nding pursuant to the State llousing Initiatives Partncrshin. Proeram~ set forth in .Section 420.907 ct. seo... Florida St~m,tcs a~ltl Chapter 91-37. Florida Administrative Code; and WIIEREAS. in accordance v, ith Collier County Ordinance No. 93-19. thc County is authorized to usc funding from thc State lhmsing Initiatives Parlncrship [SIlIPJ Prognm~ for waivers of Collier County impact fees: and WIIEREAS. Rcne Trcjo is seeking a 50% waiver/50% deferral of impact fees; and WIIEREAS. Rcne Trcjo '.,,'ill construct a four bedroom unit (fl~c "Dwelling Unit") m~ I.ot 6. Block 6. Naples Manor Annex in ('oilier County. Florida: and WIIEREAS. Ibc Dwcllinu 1'nit will be ov. ncd by u [~x,, income hot~schold, and WtlEREAS. Reno Trcjo suhmiltcd lo thc office of tile thmsi,g and ljrban Improvement Department an :'~ffordablc llot,sing Applicvtion dated I:cbmarv 22. 1~)99 fi~r a 50% waiver/50% deferral of impact fees for the construct,on of a hotlSC on Lot 6. Block 6. Naples Manor Annex in ;ounty, Florida. a copy of said application is on file in the I lot,smg and Urban Improvement Department: and WI IEI~.EAS. in accordance with Section 3.114 of tile Regimml XVatcr and/or Sewer Syslems Impact Fcc Ordinance. Ordim,ncc No. 98-60. Section 3.04 of tile Library System Impact Fcc Ordinance. Ordinance No. 88-97. as amcndcdi Section 4.05 of' thc Parks and Rccr¢:,tional Facilities ?Impact Fee Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of the Road Imrmct Fcc Ordinance. Ordinance No. 92-22. as amentlcd; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance. ()rdin:,nce No. 91-71. as mncnded: and .%cctmn 3.{~5 t~l'the Eth~calional Facilities System hnpact Fcc Ordinance. Ordinance No. 92-33, as amcndcd; un applicant may oblain a 50% waiver/50% dcfegal of impact fees by quali lying for a waivcr/dclL, rral: and WIIEREAS. Rcnc Trcjo has qualillcd lbr an impact fcc waivcr'dclk'rral based upon thc following rcprcscmanons made by Rcne Trcjo: A. Thc Dwelling Unit shall bc ox~ ned by a first-time borne buyer. B. Thc Dwelling Unit shall bo owned by a household with a Iow income level as tim/ /cnn is defined in the Appendices to the respective/mpact Fee Ordinances and Ibc monthly payment 1o purchase thc un't must be within thc affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be ihe llomcstcad oflhe owner. D. The Dwelling Unit shall remain affordhblc for fifteen (15) years from thc date the ccnificale of occupancy is issued. NOW. TilEREFORE. BE IT RESOI.VED II5' TIlE COMMISSIONERS OF COI.I.IER COUNTY, FI.ORIDA, TIIAT: BOAI,H) OF COUNTY Thc Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Reno Trcjo for one (1) house wh/ch shall be constructed on Lot 6. Block 6, Naples Manor Annex in Collier County, Florida. Upon receipt by thc Housing and Urban Improvement Director of an agreement for 50% waiver~50% deferral of impact fees signed by Reno Trejo. or other documentation acccptahle to the County Attorney, the Board of County Commissioners hereby anthorizcs thc payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in tile following amounts for tile one (1) house to be built at on Lot 6, Block 6, Naples Annex in Collier County. Florida by Rene Trejo: Manor A. I.ibrary Impact Fcc S 180.52 B. Road hnpact Fee 1.379.00 C. ['arks anti Recreational Facilities hnpact Fcc: ( 1 ) Regional Parks 179.00 (2) Community Parks 399.00 D. EMS Impact Fee 14.00 Educational Facilities System Impact Fee 1.778.00 F. Sev. cr Impact Fee 1.575.00 V'.'atcr Impact Fee 1.275.09 Total Impact Fees S 6,779.52 3. The payment of ir fees by Collier County is subject to the execution and recordation of an Affordable Ho g Agreement for payment of Collier County hnpact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DWIGHT E. BROCK, Clerk Signature ^pprovea a~form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA 'PAMELA S. MAC'KIE. CHAIRWOMAN Heidi F. Ashton ,~?" ' Assistant County Attorney '~ 16 A12,, EXttlBIT "A" I.EGAL DESCRIPTION RENE TREJO RESIDENCE LOT 6. BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL STREET) ACCORDING TO TIlE PLAT TItEREOF. RECORDED IN PLAT BOOK I. PAGE 110 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 2535 PG: 1962 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OFj. COLLIER COUNTY IMPACT FEES :.,: This Agreement for thc Waiver of hnpact Fees entered into this ,"._~ day of ~'~ ~ , 1999 by and between the Board of County Commissioners of Collier ; County, Florida, hereinafter referred to as "COUNTY" and Rcne Trejo, hereinafter referred to as "OWN£ R." ~!.WITN ES S ET H: \VHEREAS. Collier County Ordinance No. 98-69, Collier Coumv Regional Water and/or Server Systems hnpact Fcc' Collicr County Ordinance No. 88-97, as amcmlcd, thc Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-90, as amended, the Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fcc Ordinance; Collier County Ordinance No. 92-22. as amended, the Collier ' Coumy Road hnpact Fee Ordinance; Collier County Ordinance No. 92-33. as amended, the Collier County Educational Facilities System hnpact Fee Ordinance; as they may be furthei' amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as · affordable housing; and W}tEREAS. OWNER bas applied for a 50% waiver/50% deferral of impact fees as required by thc hnpact Fcc Ordinance. a copy of said application is on file i)~ the of'rice of Housing and Urban hnprovemcnt Department: and XVIiEREAS. the County Administrator or his designee has reviewed the OWNER'S )lication and has found that it complies with thc requirements For an affordable housing 50% waiver/50% deferral of impact fees as established in thc Impact Fee Ordinance; and OR: 2535 PG: WItEREAS. thc impact Fee waiver/deferral shall be presented in lieu of payment of Ihe requisite impact fees subject to satisfaction of all criteria in thc Impact Fcc Ordinance qualifying ect as eligible for an impact fee waivcr/defe~al and WItEREAS. the COUNTY approved a waiver/title,al of impact I~es For OWNER embodied in Resolution No. 99-,~ at its regular meeting of ' 1999: ami W}tEREAS. thc Impact Fcc Ordinance requires that thc OWNEI{ enter imo an Agreement with lhc COUNTY. NOW. THEREFORE. ~n consideration of the foregoing recitals, thc parties coven;mt and "agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be inco~mratcd by reference herein. 2. LEGAL DESCRIPTION. Thc I'cgal descriptio, of thc dwelling unit (thc "Dwelling Unit") and site plan is at/ached hereto as Exhibit "A" and incorporated by rcfcrcncc herein 3. TERM. OWNER ;~grces thai the Dwelling Unit shall remain as affordable housing and shall be offered For sale in accordance with thc standards set forth in appendices to thc Impact Fcc Ordinmncc for a period of []flccn (15} years commencing from thc dale thc ccrtificatc of occupancy ~s issued fi)r thc Dwelling Unit. 4. REPRESENTATIONS AND ~VARRANTIES. OWNER represents m~d warrants the Following: a. Owner maintains a household with a Iow income as defined in thc appendices t0 the Impact Fcc Ordinance and lhc monthly paymcnls to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices lo thc Impact Fee Ordinance; b. Owner is a first-time home buyer; OR: 2535 PG: 1964 I A12 c. Thc Dwclling Unil shall bc thc homcstcad ofow.cr; ct. The Dwelling Unit shall remain as affordable housi,g for fifteen (I 5) years from thc date thc certificate ofocct,pa,cy is issued fbr thc Dwelling U,it; and c. OWNER is thc owner of record of lhc l)wclling Unit and owes impacl fees Jn thc total amount of S6.779.52 pursuant Io tim lmpacl Fcc Ordinance. In return for thc 50%waiver/50% deferral of thc impacl fccs owed bv OWNER. OWNER covcnanls a.d agrccs to comply with thc affordable housing in]pact fcc waiver qualJficalJon crilcrJa dclailcd Impact Fcc Ordinance, 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwclli.g Unit s.bjccl bnp~ct fee wmvcr/dcl%rral ~o a subscqucn[ p.rchascr or rc.[cr, fl~c Dwelli.g Unil shall bc sold only Io houscholds meeting tile crhcrm scl fomh in Ibc Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be .tilizcd for affordable housi.g for a fifteen (15) year period after Ibc dale lilt cc~ificatc of occupancy issued: and if Ibc Dwe/li.g Unit ceases to be utilized for Ihat purpose duri.g such period, lhe m~pact fccs shall be immediately repaid to lhc COUNTY. cxccpt for waived impact fccs if thc dwclling tmJt has bccn used for affordable housing for continuous period of fiflecn years after thc dale Ibc ccrlificalc ofoccupm]cy Js issued. 7. LIEN. Thc waived/deleted impacl fees shall be a lie. upon thc propcrly which lien may bc foreclosed upon in lhc event of non-compliance w~th thc requirements Agrccmcnt, 8, REI.HASE OF LIEN. Upon satisfaclory complclion of Ibc Agrccmcnt rcqtfircmcnts and fifteen (15) years after fl~c dutc of isstm.cc of thc ccrtJfic~lc of occupancy, or upon payment of lhc waived impact fees, and upon payment of thc deleted impact fees. the COUNTY shall, at tile OR: 2535 1965 cxpcnsc of tile COUNTY, record any ncccssary documentation evidencing tile tcm'fination of thc lien, includi,g, but ,lot limited to, a release of lien. 9. BINI')ING EIrFECT. This Agreement shall be binding upon tile parties to this Agreement and their respective heirs, pcrsonal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for tile impact fees xvaivcd/dcfcrred until said impact fees are paid in full' or until the conditions set forth in thc Impact Fee Ordinance are satisfied. In addition, this Agreement shall nm w/th tile land and shall remain a lien against tile Dwelling Unit until tile provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at Ifc expense of OWNER in tile Official Records of Collier County, Florida, within sixty (60) days after cxeculion of lhJs Agreement by tile Chairman of tile Board of Counly Commissior~crs. 1 I. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with tile affordable housing standards and qualification criteria established in tile hnpact Fcc Ordinance and thereafter Fails to pay the impact fees within 30 days ofsaid non-compliance, or (2) where OWNER violates one of the affordable housir~g qualification criteria in tile hnpact Fee Ordinance for a period ofthirly (30) days after notice of the violation. 12. REMEDIES. Shoukl the OWNER of the property fail to comply with thc said qualification criteria at'any time during the fifteen (15) year period or should OWNER violate any provisions o'f this Agreement, the impact fees waived/deferred shall be paid in fifll by OWNER within 30 days of said non-compliance. OWNER agrees that the h'npact fees waived/deferred shall constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. OR: 2535 PG: 1966 Such lien shsH bc superior and paramoun~ Witnesses: owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (31')) days after written notice to OWNER. the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COU'NTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at thc stamtoD, rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for 1 of Impact Fees on the date and year first above written. OWNER: / ,,(~.')~ Rcne Trejo STATE OF COUNTY The foregoing ./~r).,..~ ~,. ,.._. [NOTARIAL SEAL] instrun~cnt was acknowledged before mc this , ,.> day of , 1999. by Rcne Trejo. He is personally known to me or produced (type of identification) as identification. ,~i'~naturo or Person Taking Acl~6wledgment OR: 2535 PG: 1967 :~?~ ,DWIGHT E. BROCKS.Clerk !:Approved as to form and gal sufficiency BOARD OF COUNTY COMISSIONERS COLLIER COUNTY. FLORIDA ~AMELA S. MAC'KIE. CHAIRWOMAN F. Ashton Assistant County Atton]ey OR: 2535 PG: 196t 16A12 EXIIIB[T 'A' LEGAL DISCR[PTION RENE TREJO LO'F 6. BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL STREET) ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 1 I0, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 This instrument prepared by: Heidi Ashton Offiae of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56404240009 *** 2462903 OR: 2535 PG: 1995 *** IKORDD in the OFFICIAL IICOIDS of (~OLLIIII CO~]ITF, FL ~PllS FOR ~LERK'8 USE O~L~ l. O0 ! 16 13 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-675 against: The Comm unity Corporation C/0 Ernest Freeman, Sr. P.O. Box 212 Immokalee, FI. 33943 The lien was recorded on November 26. 1991 Official Record Book 1666, Page 962. in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the pnnc~pal sum of Two Hundred Fody Five Dollars (S245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real properly situated in Collier County, Florida, which property is described as follows: Lot 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and r. ecording of the Satisfaction of Lien. by action of Ihe Board this /,~ ~ day of ~. .1999. ATTEST: DWIGHT E. BROCK. Clerk signature ~).~, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, -' t/ ,/ -" . By: Pamela S. Mac'kie Chain~oman This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2462904 OR: 2535 PG: 1996 *** 1.00 FOR CLERK'S USE ONLY Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 91-410 against: Community Corporation CIO Ernest Freeman,, Sr. P.O. Box 212 Immokalee, FI. 33934 The lien was recorded on June 28, 1991 Official Record Book 1628, Page 693, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Six Hundred Sixty Five Dollars ($665.00), plus accrued interest and penalties, if any, and imposes cedain obligation against real property situated in Collier County, Florida. which property is described as follows: according to Lot 6, Block 5. Main Line Subdivision, according To Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. N WITNESS WHEREOF, the Board of County Commissioners of Collier County, F!orida, acting through its Chairman directs execution a~d recording of the Satisfaction of Lion, by action of the Board this ~ day of_~::~i,/~¢__ , 1999. ATTEST: . DWIGHT E. BROCK, Clerk Attest m~ to Chairman's signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA //' By:, ' Pamela S. Mac'kie Cl~airwoman This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56404240009 *** 2462905 OR: 2535 PG: 1997 *** · ;;: IIt/I$/ISI! It 0~:14~ I)lrl~ I. BRocr, CLIll COl*IlS FOR CLERK'S USE ONLY 16Ai SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a cedain Lien by Resolubon No. 91-409 against: 1,00 Community Corporation CIO Ernest Freeman, Sr. P.O. Box 212 Immokalee, FI. 33914 The lien was recorded on June 28, 1991 Official Record Book 1628, Page 695, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE' Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court ~s hereby directed to record this Sabsfaction of Lien in the Official Records of Collier County, Florida, to acknowledge thal the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of the Satisfaction of Lien, by action of the Board this ~ day of ~ . 1999. A'h'EST: DWIGHT E. BROCI~. Clerk Attest a; to Ch:lr~an's signature. BOARD OF COUNTY COMMISSlONF_~R~ COLLIER COUNTY. FLORIDA By.~]'",-] ~L Pamela S. Mac'kie Chairwoman '~ Asxbt&nt Cotu~t;, Attorney, I FT3 [Oi~I'ICI Ill This instrument prepared by: Heidi Ashton Office of the County Attorney 33,01 East Tamiami Trad Naples, Florida 34112 (941) 774-8400 *** 2462906 OR: 2535 PG: 1998 *** IICOIDII) la the Olfl:II[ U¢OIDS 0[ COLLIll CO~II?T, Ft COPIII Property Folio No. 56404240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 90-551 against: The Community Corporation C/O Ernest Freeman. Sr. P.O. Box 212 [mmokalee, FI. 33934 The lien was recorded on December 21, 1990 Official Record Book 1580, Page 1714. in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Sixty Five Dollars ($265.00), plus accrued interest and penalties, if any, and imposes certain obligation against rea property situated in Collier County, Florida, which properly is described as follows: Lot 7, Block 5 Main Line Subdivision, according Io Plat in Plat Book 1, Page 98, Public Records Of Collier County. Florida. ! REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is 'hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, .to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of' Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien. by action of the Board this _,/..5-¢-~Z, day of _._~..%.,j~ . 1999. - .. ATTEST: .~. :.., ~,DWIGHT E. BROCK, Clerk ?. Attest ~ to ~at County Attorne7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA // By: ' ' ~Pamela S. Mac'kie Chairwoman This instrument prepared by: Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 56404240009 SATISFACTI~LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 90-46 against: Community Corporation CIO Ernest Freeman. Sr. P.O. Box 212 Immokalee, FI. 33934 lien was recorded on March 6, 1990 O~cial Record Book 1510, Page 889, in O~cial Records O~ce of the Clerk of the Circuit Coud of Collier Count, State of Florida. The lien secures the principal sum of Six Hundred Thi~ Five Dollars ($635.00), plus accrued interest and penalties, if any, and imposes cedain obligation against real properly situated in Collier County, Florida, which properly is described as follows: Lot 6 & 7, Block 5, Main Line Subdivision, according to Plat in Plat Book 1, Page 98, Public Records Of Collier County, Florida. REFERENCE: Folio #56404240009 Collier County, a political subdivision of the State of Florida. by execution of this Satisfaction of Lien. acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners or' Collier County, Florida, acting through its Chairman, directs execution and re, cording of the Satisfaction of Lien, by of the Board this ~ day of~ __, 1999. ATTEST:' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk . COLLIER COUNTY FLORIDA ,. '"¢~ ?.: b~y:....t.,/ Nafions - :,: IRREVOCAI3LE STANDBY LETTER OF CREDIT NO. 973095 MARCH 2. 1999 ISSUER: NATIONSBANK, N.A. 901 MAIN ST. 9TM FLOOR DALk-%S, TEI-kS 75202 PLACE OF EXPIRY: NATIONSBkNK, N.A. DALLAS, TEXAS AMOL N r: $250,004.85 BENEFICIAIW: THE BOARD OF COUNqW COMMISSIONERS, COLLIER COUNTY, FLORIDA 2800 NORTH ttORSESHOE DRIVE NAPLES. FL. 3,110,1 ATTN: MIL ,JOHN BOULDSWORTH APPLICANT: COLLIER DEVELOPMENT CORPORATION 3003 TAMIAMI TRAIL NORTH, SUITE 400 NAPLES, FLORIDA 34103 CREDIT AVAIlaBLE WITH: NATIONSBANK, N.A. DALI,AS, TEXAS BY: PAYMENT :\GAINST I)OCUMENTS DETAIl,ED HEREIN ANI) BENEFICIARY'S DRAFTS DRAWN AT SIGIIT ON NATIONSB.'kNI(. N.A DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCO'MPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "COLLIER DEVELOPMENT CORPORATION HAS FAILED TO CONSTRUCT AND/OR lXlAINTAIN THI'; IMPROVE~IENTS ASSOCIATED WITH TItAT CERTAIN PLOT OF A SUBDIVISION KNOWN AS (NAME OF SUBDIVISION TO BE INSERTEI)) OR A F[NAL INSPECTION SATISFACTORY IN COI,L, IEIICOUNTY ItAS NOT BEEN PERFORMED PRIOR TO TIlE DATE OF EXPIRY, AND SATISFACTORY ALTERNATE PERFORMANCE SECURITY IL, kS NOT BEEN PROVIDED TO AND FOP, MALLY ACCLP~' r,,,l LD BY THE BENEFICIAR't, " DRAFT(S) DRAWN UNDER THIS LE'FI'ER OF CRI£DIT ~IUST Big MARl{ED: "I)RAWN UNDER NATIONSBANK. N.A. LETTEI~ OF CREI)IT NO. 973695 DATED MARCH 2, 19997 THE ORIGINAl, I,ETTER OF CREDIT AND ALL ~EMENDMENTS, IF ANY, MUST BE PI{ESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTIt IN FULL THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANh' WAY BE MODIFIED, AMENDED, OR AMPLIFIEI) BY REFERENCI,~ TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT t~EFEIHgNCEI) TO HEREIN OR IN WHICH Tills LETTER OF CREDIT RELATES AND AND' SUCIt REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. DATE OF EXPIRY: THIS CREDIT SI-L~,LL BE VALID UNTIL FEBRUARY 19. 2000. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AhlENI)MENT FOR AN ADDITIONAL PERIOD OF ONE YEAR FROI~[ 'rill,; PRESENT OR ANW FUTURE EXPIRATION DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCtt DATE. WE SHALL NOTIFY YOU IN WRITING AT THE ABOVE Al)DRESS BY REGISTERED MAIL OR COURIER SERVICE THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. ISSUER HEREBY ENGAGES WITIt IIENEFiCIARY T[t,,VI' I)IL,\FT(S) DRAWN UNI)ER AND IN COMPLIANCE WII'tl TIlE '['I';IhMS O12 Tills CREDIT WILL Bt'~ DULY ttONORED BY ISSUER IF PRESENTED WITHIN TIlE VALIDITY OF THIS CREDIT. Tills CREDIT IS SUBJLCP TO THE UNII:ORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 1993 REVISION INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. NATIONSBANK. N.A. MIRELI~_ COLEMAN VICE PRESIDENT NafionsJ -, MARCH 3, 1999 THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ATTN: MR. JOHN BOULDSWORTtt RE: LC NO. 973695 DATED IVIARCII 2, 1999 WE tfEREBY CORRECT TIlE ABOVE MENTIONED LETTER OF CREI)IT AS FOLLOWS: APPLICANT: COLLIER DEVELOPMENT FOR TIlE ACCOUNT OF CROSSPOINTE DEVELOPMENT. INC. 3003 TAMIAMI TRAIL NORTtt, SUITE 400 NAPLES, FLORIDA 34103 ALL OTHER TERMS AND CONDITIONS REMAIN UNCtlANGF. D. A U'I~Ti ~)-RiZ (iD ~i'61~:I:01~E Member FI)l(; I.qSUI NG BANK- NArI JN.,BAI~I', L/C NO: J/..,6,J.) ~",aMENDME}IT NO: AMEN DMEi,IT DATE: ?~:~i" BENEFIC I ARY: TltE BOARD OF (:i..'j:;'l.'Y COLLIER C~.~UNTY. FI,uRIDA 2800 NORT[I itORSESHOE DRIVE NAPLES, FI, .':;4 ATTN: HR. JOHN BOULDSWOt(I'H [;OR TIlE ACCOUNT CROSSt'UINTE I)EVEI,OPMENT, INC. 3003 'FAMI AMI TF, AI l, NOIt'I'll, SUITE NAPLES, Fi, 3,1103 WE ttEREBY AMEND THE ABOVE REFERENCED STANDBY LETTER r~t,' CREDIT AS FOLLOWS: UNDER [~C;JMENTS nE-~UiIiED TIlE BENEFICIARY'5 ......... ," CORRECTF:[~ '?(l~ td~AD: "CROSSP(~IITi'E i,EV:':iI_;:PHf.iITI', ~U, IIA,.q FAII.ED 'I'( '' '":',,, . · '"' ? (.[,.~.--,,:~'!t? ANIL,'rlR MAINTAIN TIIE I?,.zP':/.OV,.~,kl'l'l,~,t.'.v.. '"' A:4:;(~C'.IATED WITI! TIiAT "i.;l<'i'A':i i'i.A':.' ~,I. a ~UBDIVi:':iI[:N,,~"I.:W,I, , A:?; P. IV.-EkCiIAi';E CCt~.li'.lOI::; ~q.,t A !"i~:A!, ;~;:.':'_v,"i'l~I.l ,.,A]]I;FAC'I'r.,RY t~ ~%U,I,IF.,'i ~:(~!I,~;']"~' }lAb; "" ' - , ....... i{ i. T{ ~ Tile DA'7.;:; qF E;i!'IRY AND :iATI:.;FACTOP, Y A ........ '""" ,.q<:'i . ::;t.:r.:LIRJTY I~A.:, r.,Oi BI-il.iii i-'ROViDE:'~ TO Al'ii) FI;t.:4^i,l,Y A~:I:[:ii'TEi, B'{ 'r'liF. l~,.,e, rlCI ARY. .~EIIDER TO Rf.:r',EI ",/r.R Tltlf; ^ H i.-:i,lTM P RI,:V I OU::_; AHI,,~,~,.,,:a', NO 3/9/9J'"' & :l/l NA'I'iOi'I:~iBAiIK, ' . , FROM : Pana son: c F~ SYSTEM 9415662203 ~3r. ~ 17 02:4DPtlFV2;,i:~ CONSTRUCTION AND MAINTENANCE AGR HE.V~ENT OF SUBDIVISION I.%IPROVEMEN'TS THIS CONSTRUCTION AND ~fAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /'-~ ~ day of~ ,199~ between CROSSPOiNTE DEVELOPMENT, I'NC., a Florida corporation, hereinafter referred to as "Developer", and the Board of Count3' Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: RIVERCtlASE COMMONS. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees far the construction of the improvement.s required by said subdivision regu!ations, said guarantees to be incorporatbd in a bonded agreement fbr the construction of the required improvements. NOW THEREFORE, in consideration of the foregoing premises nnd mutual covenants hereinafter set forth, Developer and the l~oard do hereby covenant and agree as follows: I. Developer will cause to be constructed: water distribution .~ystem, sanitary sewer collection system, roadway and drainage within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part h~reof) in th(~ amount of 5250,004.85 which amount represents 10% of the total contract cost to .Complete construction plus 100% of the entire cost to complete the required Improvements at the date of'this Agreement. In the event of default by the Developer or Failure o~' the Developer to complete such improvements within ~he time required by the Land Development Code, Collier County, may call upon the ~ubdivision performance security to insure satisfactory completion of lhe required improvements. The required improvements shall not be considered complete until a stat.ement of substantial completion by Developer's engineer along with final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier Coun~ I~nd Development Code. The Development Sen'ices Director shall, within sixty days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of its prcliminar2,.' approval of the improvements: or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain thc Director's approval of the improvements. However, in no event shall the Development Sen'ices Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. Thc Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the. one year maintenance period by thc Developer has terminated, the Developer shall petition the Development Services Director to inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board. the Board shall release the remaining 10% of the subdivision performance security. The Developers responsibility for maintenance of thc required improvements shall continue unless or until iht Board accepts maintenance responsibility for and by the County. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Sen'ices Director to reduce thc dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of thc subdivision performance security shall be accompanied by a statement of substantial completion by thc Developer's engineer together with the project records necessary for review by the Development Services Director. Thc Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for thc improvements completed as of thc date of thc request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemni~' thc Board. upon completion of such construction, the final total cost to the Board lhereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Bohrd may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of thc terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of November. 1998. SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: Printed Name: Printed Name: ATI'ESI: signature DWIGHT E. BROCK. Clerk Approved ~ to fo~ and legal sufficiency: .: David C. Weigel County Attorney CROSSPOINTE DEVELOPMENT, INC. By: ~ President BOARD OF COUNTY COMMISSIONERS OF C~ LLTER COUNTY,. FLqr~ID ny:_z 'j /) P,,lmela S. Mac 'Kie . ~ain&~n / I 1-235j8.6oc GROUND LEASE AGREEMENT FOil. COMSIUNICATION TOWER Acme Site ID: #97-21 Palm River 16 A 15 (? THIS GROUND LEASE AGREEMENT ("I.easc"). is entered into effectively on the/..3-~ day of~ 1999, the ("Con'unencernent Date"), and between thc txvo (2) parties: Collier County ( ,., ,,,:,, ~ and Acme Tmvcrs Inc. ("TENANT"). The parties agree as follows: Owner's Property; The Leased Area; And Tenant's l'roperty.. I. The Property: A. OWNEP, owns a parcel of land that has the following address: 6231 Arbor Boulevard. Naples. Florida. herein called ("O\VNER's l.and"), which is shown on attached Exhibit A I. TENAN'F installs and leases communication tower space to others. TENANT desires to lease land and an access easement thereto, referred to herein collectively as the LEASED AREA. OWNER's Land is a parcel of land that is larger in area than the LEASED AREA whereby thc LEASED AREA is but a part of OWNER's I.and. All personal property brought onto the LEASED AREA by or on behalf of TENANT is referred to herein as "TENANT's Property." Any personal property brought onto the LEASED AREA by OWNER or on behalf of OWNER is referred to herein as "OWNER's Property." Any property brought onto the 1.EASED ARE,,\ by any third party is referred to herein as "Third Party Property." B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is not a Franchise under any lax,,', rule or regulation. The LEASED AREA comprises 1000 square feet of land: a 50 foot by 20 foot parcel, plus an access easement thereto; both of which are as shown on the attached Exhibit A. C. OWNER and TENANT ("the parties") hereby agree that the LEASED AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may replace Exhibit A and become a part hereof and shall supersede the Exhibit A in the event of any discrepancy betxveen such survey and the general reference description of Paragraph I.B., above. 2. Access Easement. OWNER hereby grants to TENANT a non- exclusive access easement (during the entire life of ti'tis lease) for free access to thc LEASED AREA seven (7) days a week. twenty-four (24) hours a day. 365 days a 16A15 year. No above-ground structures shall be constructed in that access easement without the expressed written consent of TENANT. 3. l.ease Term And Rent. A. RENT PA }bIBLE IN ,t/ONE}: This lease has an initial term of ten (10) years from its (.'omnmncemer~t Date. The initial annual rent shall be Twenty Four Thousand Dollars (S24.000.000). pro-rated at 1/12'n of the annual total per month. One year's annual rent shall be paid annually in advance beginning on the Cornnmncemcnt Date. and thereafter not later than each anniversary of thc Comn~encemcnt Date. Rent shall be paid to O\\?NER for as O\VNF~P, may otherwise direct to I'ENANT from time-to-tirne in writing at least 30 days before the respective next rent payment due date). Prior to and until the first day of the month following conrmenccn~ent of delivery of any of TENANT'S property onto the LEASED AREA. the Annual Rent shall be One llundred Dollars ($I00.00), twelve (12) months of which shall be prepaid in advance. Any unearned balance thereof shall be credited against TENANT'S first payment of the initial annual rental. In the event that TENANT has not delivered any of its Property to thc LEASED AREA prior to the first anniversary date of this lease, TENANT may either tem~inate this Agreement tbr. whatever reason upon written notice of such election to Owner. withoul Further obligation or liability to O\VNER; or TENANT must notit\, OWNER in writing that this ,,\grecn'mnt remain in full force and effect and with such notice tender to the O\VNER the increased rent lbr tire second lease )'ear. If this TENANT decides that this Agreement shall remain in effect, the S100.00 per month rent shall automatically increase to the specified annual rental per year, payable in full for thc second lease 3,'ear not later than the first anniversary date of this Lease. LATE PAYMENT OF R. EN'F: TENAN'I' shall throughout this lease pay OWNf.]~, a late payment charge equal to five percent (5%) of any monthly rental payment not paid promptly when duc. Any amounts not paid within thirty (30) days of ils duc date shall also accrue interest of two percent (2%) per month or at thc highest interest rate then allowed by law, whichever is the higher rate, which interest shall be paid by TENANT to O\VNEP,. As additional one-time consideration for the execution of this l.easc by OWNER, TENANT :,,'ill pay OWNER the sum of ten thousand dollars (SI0,000.00) to be used by OWNER to make improvements to OkVNER'S I~AND. B. CONSTRUCITONOFITtE TOIFER. Time is of the essence with regard to having the tower being fully constructed and becoming operational. It is important that tire tower contemplated by TF. NANT be Fully constructed and in operation not later than the end of the second lease year. TENANT shall strive to complete construction of the tower within 180 days of receipl of all relevant government approvals. The O\VNER will reasonably'cooperate with thc TENANT with regard to such construction provided TENANT is then acting in good t~ith to have thc tower fully constructed and operational not later then thc end of the second lease year. l lowcvcr, if the TENANT is not acting in good failh with ard to having to tower substantially constructed and in operation as of lhe las; of the second lease year, the OWNER may summarily terminate this Agreement without any further obligation whatsoever to the TENANT. If OWNER feels compelled to terminate this Agreement because of thc TENANT'S failure to show good Faith with regard to such required completion of construction and commencement of operation of the tower, the O\VNER may instruct TENANI' to immediately remove all property brought onto OWNER'S LAND by or on behalf of TENANT. C. LE,4SE E,\TENSIO~VS ,,IFI'ER FIRST 7'EN LE,,1SI.; )'E/IRS. Provided O\VNER has not then deli',,'ered to TENANT written notice that OWNER has declared TENANT to be in default of this Lease. this l,ease shall be automatically extended for ten (10) additional years at thc end of thc initial term of ten ('I0) ,,.'ears pro','ided that nol more than three hundred and sixty (360) days prior to the last day of the tenth (10'~'} lease 3.'car and not less than one hur~drcd and eighty (lays (180) prior to that date, TENANT advises OWNER in writing of TENANI"s intent[on ~ to extend thc Lease. Failure to supply such written notice shall operate as an extension of this Lease effective on the last day of the tenth (I 0th) lease year. D. LE,,tSE EA'TENSIO~VS AFTER TIlE TWEN77ETIl YEAR. Provided OWNER has not delivered to TENANT notice that OWNER has declared TENANT to be in default of this Lease. then this Lease may be extended, if. at least six (6) months prior to-the end of lhe twentieth year (20'~'), either OWNER or TENANT has not given the other written notice of its desire lhat the term of this Agreement end upon the expiration of thc twentieth (20th) year, OWNER and TENANT ,,,,.'ill negotiate in good faith to come to mutual agreement regarding terms and conditions of that extended lease term, whici'~ ,.viii become applicable as of the first day of the twenty-first (21st) lease 3'ear. If OWNER receives effective notice to extend the l,ease but thc parties cannot nltnually agree to extend thc lease on or bell)re thc 1;.~st day of thc txvcnly (20th) lease year, thc lease shall terminate on thc last (la,., ~)fthc twenty (20;~'} lc;~sc year unlcss thc partics then agree in and commence negotiations in that regard. i6),15 E. C.,tSII DEPOSI7'S Bt" TI:.WANT. TENANT shall also at thc time of thc payment of the first annual rent. deposit with OWNER a refundable rent security deposit of Twenty Thousand Dollars ($20,000), which deposit may be used by OWNER in the event TENANT breaches this I,ease and any breach results in OWNER incurring expenses that would have not been incurred but for TENANT'S breach, including expenses for removal of any of TENANT'S property (including the tower) from thc LEASED AREA. If in time OWNER deems such deposit, with accrued compounded interest accrued thereon, to be insufficient to insure the, necessary funds to be available to remove the tower and all other of ]TENANT S property from the LEASED AREA, TENANT shall increase that deposit as demanded in writing by OWNER, but not to exceed Ti~irty Thousand Dollars (S30.000) unless OWNER has good cause to conclude that such projected actual costs will exceed the then existing security deposit. OWNER shall have all right and title to interest that accrues on ail security deposits. If tile parties hereto should enter one or more other tower site leases at one ( I ) or more other sites, tliis deposit may be applied by OWNER to any one, some. or all of said other sites. F. ,,IUTOM,417C RENT hVCRE/ISES. Comnmncing with the sixth (6'h) lease 3'ear. the annual rent for the sixth lease year through the tenth lease year shall be the annual rent for the fifth lease year multiplied by one hundred and twenty percent (120%). Commencing with the first day of the eleventh (I1 h) lease year. the annual rent for eleventh lease vcar through tile fiftecnth lease year shall be tile rent for the tenth lease year multiplied by one hundred and twenty percent (I 20%), which should be one hundred and forty-four percent (144'%) of the rent for the fifth lease year. Cornmcncing with thc first day of thc sixteenth (16th) lease year, the annual rent for the sixteenth lease year through the twentieth lease year shall be one hundred and seventy three (173%) of the rent for the fifth lease year. If the Lease. by mutual agreement, is extended beyond the twentieth (20th) year, the existing annual rent for thc twentieth (20'~') lease year shall not be less than one hundred and twenty (120%) of thc rent for tile twcrmeth lease year unless then expressly agreed otherwise in writing. 4. Use Of The Leased Area anti Maximum lleight of Structures. A. TENANT shall use the LEASED AREA to construct, replace, maintain, repair, and operate its communications tower and facilities, consisting of a one hundred and fifty foot wireless monopole communications tower that shall not exceed a height of ONE HUNDRED AND FIFTY ~FEET ABOVE _.GROUND LEVEL ("AGL"). exclusive of any and all antennas that will be installed thereon; antenna support structures and/or related operational facilities may be constructed on or near the ground withh'~ tim LEASED AREA. TENANT shall license part of the tower and needed LEASED AREA to third parties, and use the LEASED AREA for any other then lawful uses directly related thereto. No antenna or other thing installed on the tower or at the LEASED AREA shall exceed a height of ONE H NDRED AND FIFTY FIVE l_q FEET AGL. Subject to other provisions regarding approvals and technical specifications related thereto, any and all antenna arrays (including those of Third Parties) may from time-to-time be modified, added to. or substituted from. Each structure may be configured as requested by TENANT from time-to-time, provided TENANT, at its sole expense, obtains ail permits and/or other approvals required by all applicable jurisdictions, including OW'NER. for each configuration. B. PLANS REI~qEIFF B Y OIPWER. i. OWNER shall review and approve all plans for any and all o£ the initial improvements installed within the LEASED AREA. which approval shall not be unreasonably withheld or unreasonably delayed. Prior to commencing the :..:. initial construction, TENANT shall submit a copy of/ts plans and specifications to OWNER for review and approval, which approval shall not be unreasonably withheld or delayed. No later installation or alteration thereto shall require approved ofplans by OWNER unless OWNER requests to review such plans. Such plans shall include, if applicable to the improvement, fully dimensional site plans that are drawn to scale and show: (i) the proposed Iocation of the antennas and equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height and type of fencing; (iv) the proposed color of all structures, including fencing: and, (v) thc proposed type of construction for all structures, including fencing, and any other relevant details that OWNER may request in that instance. ii. All improvements shall always, be constructed in a workmanlike manner and shall be completed in compliance with all then applicable laws, rules. ordinances and regulations. Improvements to or w/thin the LEASED AREA (and w/thin the easement access area) shall be at no expense to OWNER. TENANT and all Licensees shall always maintain all of their improvements in a reasonable and functional condition throughout the life of this Lease to the reasonable satisfaction of OWNER. iii. TENANT shall allow OWNER free access to OX:VNER'S personal property within the LEASED AREA at all reasonable times that OWNER desires such access. In the unlikely event that OWNER may be required by law to install other personal property within the LEASED AREA, OWNER reserves the right to do so free of charge provided such property docs not materially harm full use of the tower by TENANT and/or by any third party licensee whether or not then actually .:."present on the tower or the LEASED AREA. iv. OWNER has no knowledge of any potential requirement to install any such property within the LEASED AREA. If the LEASED AREA is in a park, landscaping and security fencing are of particular concern to OWNER; And therefore TENANT shall be required to install, repair, and maintain landscaping and security fencing to the reasonable satisfaction of OWNER. C. ,.l T LEAST THREE COMMUNICATIONS S}TTEMS. i. The tower and all other.facilities shall be designed and constructed so as to accommodate at least three (3) separate communications systems. TENANT may reserve to itself such exclusive right to use such parts of the tower as TENANT desires. As possible, TENANT will in fact license space on the tower for installation of antennas by Third Parties and TENANT will concurrently license space on the ground to each of those Third Parties for location of their equipment as needed and as related to their antennas installed or to be installed on the tower. ii. TENANT hereby grants to OWNER the right (by license) to utilize, free from the payment of any rent or any other charges whatsoever, that thirty foot (30') wide portion {'band) of the tower between 80 feet AGL and thirty (30') feet above that level. OWNER may advise TENANT at any time(s) of OWNER'S desire to use such area. iii. These valuable assets are to be used and shall not be reserved for remotely possible future uses. TENANT shall grant a non-assignable license to the remaining area(s) on the tower. (and such ground space as is then required) to a Third Party or Parties on such lawful and reasonable ("fair market") rent terms and conditions as chosen by TENANT. TENANT may require any licensee to pay a reasonable security deposit plus pre-payment of one year's license payments. However, prior to construction of the tower. TENANT shall not tmilaterally mandate that any licensee must contribute any up-front cash to contribute towards capital costs or installation costs of the tower. If space that is subject to Owner's option is licensed to a Third Party and that license comes to an end and that license is not assigned or otherwise transferred to any other responsible party, thal circumstance shall automatically reinstate OWNER's option to elect to use that space, which option OWNER may then exercise or ina,,' ,.vast until there is another offer from a Third Party to use that space, tf OWNER decides to use that space, :..OWNER shall be required to meet the terms o," the offer from thc Third Party, ,. except the total amount of rent and/or other payments that OWNER must pay to TENANT shall never exceed the rent then payable to OWNER by TENANT. iv. In the event OWNER desires to install equipment on the Tower, OWNER. at OWNER's expense, shall submit to TENANT the folloxving: (a) detailed site plans as well as plans and specifications setting forth the proposed antenna and all other equipment, as well as all construction, installation, and other work to be performed on the Tower and LEASED AREA: and (b) a list of all :tuencies then currently or then anticipated to be licensed, 'assigned or otherwise granted to O\VNER by the FCC. v. If required by TENANT. OWNER. al OW'NER's sole expense, shall also submit a structural analysis of the Tower prepared bv an engineer approved by TENAN'F addressing thc installation of additional antcm;a and other equipment on the Tower and demonstrating that the installation of such items will not exceed the wind loading or other relevant capacities of the Tower. OWNER shall not install any equipment or commence any work on the Tower or the LEASED AREA tmtil TENANT approves, in writing, the OWNER's plans and specifications, frequencies, and structural analysis, if any; such approval to be given in TENANT'S reasonable discretion. vi. NON-hVTERRO~TION ,,hVD NON-INTERFERENCE. No activity of any user or any representative of any user shall interrupt or unreasonably inlerfere with any operation of any other users of the LEASED AREA. including OWNER's facilities thereof. Jfany. ' D. T//IRD P/IR 7'}' L/d'E~VSEES. i. Each license (which includes each user of the tower) shall always be subject to all terms and conditions of this I.ease, and each license shall be subject to review and approvalofTENANT. OWNER has the right, but not any duty, to review each proposed license. Usc of the tov,'er and site by OWNER and each Third Party shall be subject to written approval by TENANT upon such reasonable terms and conditions as may be required by TENANT. TENANT makes no representations to OWNER or to any Third Party that the LEASED AREA, the tower or/or an3.' other thing will be suitable for OWNER's needs or any needs of any Third Party, and TENANT has no obligation to modify anything to suit OWNER's needs or needs of any Third Party unless TENANT agrees to do so in writing with that user, and only to that extent. Each Licensee shall be solely responsible for the cost of locating and placing its property on the tower and on the LEASED AREA. Each l.iccnsee shall also be responsible For any liabilities that may arise from that Licensee's use of any part of the LEASED AREA, including the tower. TENANT shall promptly notify OWNER in writing of all license requests vd'rich TENANT receives for use of the I'owcr or any other part of the : LEASED AREA. ii. Each Third Party, at that Third Party's expense, shall submit to TENANT the following: (a) detailed site plans and with specifications setting forth the proposed antennas and other equipment, the height and location of such antennas and other equipment, and the construction, installation and other work to be performed on thc Tower and on the LEASED AREA; and (b) a list of all frequencies then currently or ti'mn anticipated to be licensed, assigned or otherxvise granted to the Third Party by the VCC. If requested by TENANT, the licensee shall supply to TENANT a structural analysis of the Tower addressing the installation of additional antennas and other equipment on the Tower by the Third Party and demonstrating that the installation of such antennas and equipment will not exceed the wind loading or any other relevant capacity of the Tower. The Third Party shall not install any equipment or commence any work on the Tower or the LI£ASED AREA until TENANT approves, in writing, the Third Party's phms and specifications, frequencies, and structural analysis (if any), such approval to be given in TENANT'S reasonable discrction. iii. Each Third Party's use of the Tower and LEASED AREA shall bc limited to the antennas and other equipment and frequencies approved and expressly agreed upon in advance by TENANT. iv. Each Third Party's installation, use and occupancy of the Toxvcr and LEASED AREA shall be in continued compliance with all then applicable laws, regulations and requirements of all federal, state, and local authorities, including the FCC. v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE REQUIREMENTS. Each Third Party shall assume all risks in connection with the installation, operation, maintenance, repair, replacement and' removal of its antennas and all other property located on the LEASED AREA, including the Tower. Each Third Party shall maintain cornmcrcial general liability insurance insuring against liability for personal injury, death or damage to personal property arising out of use of the Tower and the I~EASED AREA by the Third Party. Such insurance shall provide coverage (in an amount of not less than one million dollars ($I.000.000.00) for bodily injury or death to anv one (I) or more persons and in an amount not less than one million dollars (S 1,000,000.00) for property damage and shall include a contractual liability endorsement naming TENANT as an additional insured on such policies. All insurance policies shall be written with insurance companies qualified to do business in State o£ Florida and shall always provide For (require) thirty (30) days v:ritten notice to TENANT prior to cancellation. Certificates of such policies shall be delivered to TENANT prior to the installation of the Third Party's equipment. Further. each Third Party shall reimburse TENANT for any damage to the Tower and TENANT'S equipment, and shall be required to indemnify and hold TENANT harmless from any anti all liability, claims, demands, actions, losses, damages, orders, judgments and any and all costs and expenses including, without limitation, reasonable attorneys fees and costs, arising from or incurred in connection with claims For injury to persons or property caused by thc act or omission of such Third Party or its respective agents, contractors or employees including, without limitation, the use of tile Tower, the LEASED AREA. and third party's equipment, and the breach of any contractual obligation to OWNER and/or TENANT. vi. Subject to pro,.'isions to the contrary in tire specific licensing agreement, tlre Third Party's license is assignable or otherwise transferable to a responsible party that assumes the Third Party's duties and obligations. ,.'ii. TENANT and O\VNER shall have tlre right to have a representative present during the installation of each Third }'arty's antennas and other equipment. `.'iii. Each Third ['arty's installation ofantennas and other equipment on the Tower and thc LEASED AREA shall be performed on dates and at times and xvithin time frames approved by TENANT in v,'riting and shall not interrupt or interfere with thc operation of TIiNANT'S communications system or ENAN l S I }:NAN I agrees in writing to such interruption or interference. equipment unless" E. , IAI,X, T£N..I3, C E. REPAIR AND REPLA CEMENT OF PROPER TY. i. TENANT must maintain, repair and replace tile Tower, and all of its equipment and all of its property to the highest quality construction, repair and maintenance standards during the entire life of this Lease. ii. To protect the integrity of the Tower. all maintenance, repair and/or replacement performed on OWNER's Property shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. iii. To protect the integrity of the Tower, each Third Party agrees herein (and must in its license agreement agree) that all maintenance, repair and/or replacement performed by it or on its behalf shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. ix'. PLAN REI/IEIt' BY TENANT. Subject to the exceptions noted in the paragraph (v.) below, prior' to the commencenlent of any other than ordinary maintenance, repair or replacement work on O\VNER's Property, OWNER shall submit to TENANT for approval plans and specifications of the maintenance, repair and replacement work to be performed. TENANT Shall have the option to comment upon such plans, specifications and contractor prior to the commencement of any maintenance, repair or replacement work. v. ORDhYAR}' MAhYTENANCE, REPAIR AND REPLACI'~MENT. Notwithstanding any other provision in this Lease. each user of the tower may conduct its maintenance, repair and/or replacement provided same consists of only ordinarv maintenance, replacenlent or switching of component parts and docs not increase the height of the tower, cause any antenna or other tiling to exceed the maximum height allowed for that antenna or other thing, or add to tile tower so as to increase the maximum total wind loading then being allocated to that user, or otherwise constitute any material change to any site plnn, building plan, or other permitted use. All such actMties that do not then require a building permit or any other formal authorization from any other County Department shall be approved by letter of summary authorization from tile Franchise Administration Department or by the County Administrator or his/her designee. Such (minor) changes by any user of the tower shall not require any formal amendment or addendum to this Lease or require any approval by OWNER, TENANT. any Third Party, or from Board of County Commissioners. Tile person who grants such summary approval shall concurrently deliver a copy each such letter of approval to all other occupants (users) of the LEASED AREA for informational purposes only. vi. NOTICE TO TENANT OF NEED TO tlA I;E PItYSICAL ACCESS TO :THE TOWER OR LEASED AREA. Whenever possible. OWNER shall provide TENANT with at least forty-eight (48) hours notice prior to any maintenance, repair, replacement work or any other activity that ,,,,'ill require access to the Tower or to the LEASED AREA. If an emergency exists (or there is a REASONABLE immediate need to exercise police power) in which case notice shall be provided to 10 TENANT not later thall twenty-four (24)hours after access to tile Tower tlr tile LEASED AREA has occurred. TENANT shall have the right, to have a representative present during any non-emergency maintenance, repair or replacement by OWNER (or Third Party Licensee) that will require access to the ':' :''~ Tower and/or to the LEASED AREA, F. hVTERFERENCE. Each user of the tower must be able to conduct its business thereon without unreasonable electrical interference from any other user of the tower. TENANT agrees to install communications equipment of a type and frequency which will not cause unreasonable interference with OWNER's equipment at the [.EASED AREA. In the event TENANT'S equipment causes such interference with O\VNER's equipment at the LEASED AREA, TENANT wilt take all steps necessary to correct and eliminate such interference at TENANT'S sOle cost and expense. OWNER agrees not to allow any future use of OWNER's equipment or addition and/or modification to any then current use of the Tower or OWNER's property that causes interference with or the improper operation of the Tower, 'TENANT'S equipment, or any of TENANT'S communications signals or any system. If any addition or modification to the OWNER's equipment causes such interference with TENANT'S equipment or communications signal and/or system, OWNER, upon notification of such interference, agrees to promptly remedy such unreasonable interference at OWNER's expense until such interference is corrected to TENANT'S reasonable satisfaction. In the event OWNER and TENANT cannot resolve such interference problems, OWNER and TENANT agree to resolve any interference disputes by arbitration which shall be performed in accordance with tile Rules of the American Arbitration Association. The arbitration decision/award shall be binding upon OWNER and upon FENA~ I and may be entered in any Court having jurisdiction thereof. OWNER and TENANT agree that thc costs associated with any arbitration shall be borne by TENANT if TENANT is thc cause of the interference or by OWNER if OWNER is the cause of the interference. " G. BARE LICENSE TO PARK VEttlCLES. If there is insufficient space to park same within the LEASED AREA, OWNER hereby grants to TENANT and each future Third Party licensee, subject to availability of space for same, a bare license with no interest coupled thereto to park their respective motor vehicles on OWNER's Property for short periods of time while the vehicle owner/entity is · constructing, removing, replacing and/or servicing its antenna(s) and/or its communications facilities on the tower or otherwise within the LEASED AREA. H. OWNERSHIP OF TOff/ER AND OTHER PROPERTY. 11 i. During_The Life Of This~: The Tower and related equipment shall remain the property of TENANT during the entire life of this Lease. Any other property brought onto the LEASED AREA by or on behalf of TENANT shall remain the property of TENANT during the life of this [.ease and after termination of this lease. All property brought upon the LEASED AREA by OWNER shall remain the property of OWNER. All property brought upon thc LEASED AREA by any Third Party shall remain the property of that Third Party during the life of this Lease and after expiration or termination of this Lease except as may be specified otherwise in the respective controlling license agreement For the subject property of that Third Party licensee. ii. ~. · t' orn T. rrninati n.:i. Leasc: If the termination or expiration of this Lease occurs before an extension into the 20 lease year (See Section 3 (D). and if OWNER desires to acquire ownership of the tower, Owner shall pay to TENANT the then depreciated book value of the Tower minus any off- setting claims, if any, that OWNER then has against TENANT. If this lease expires or is terminated after thc Lease is extended into the 20 lease year (per Section 3 (D). OWNER may elect to direct to TENANT that TENANT shall not remove the tower from the LEASED AREA, whereby the Tower shall thereby automatically, at no cost to OWNER, become the sole property of OWNER; Also TENANT, upon removal of all of its other property from thc LEASED AREA, ?::iT!i"shall then have no further duty or responsibilities with regard to the tower. The Security deposit, then in possession of OWNER, may be spent to complete any of the duties of TENANT that arc not accomplished in a timely manner and completely fulfilled by TENANT. When all duties are completed fulfilled by TENANT, within a timely manner, the Security deposit ;viii be returned to :~NANT. iii. Third Partx Licensees.: Often referred to herein as "Users". F. ach license from TENANT to each third party shall specifically require that at the end ofthis Lease each Third Party shall immediately remove all of its property from the LEASED AREA unless this requirement is then waived in writing by OWNER. ' 'N All property removed by 'I [:~ ANT or Third Party shall be removed by or on behalf of its then owner without delay and at no cost to OWNER. Removal ofall property by or on behalf of TENANT and each Third Part3: shall be done promptly and in a workmanlike manner and the LEASED AP, EA shall be restored by TENANT, at no cost to OWNER, to its original condition, only normal wear and tear excepted. ~,VNER may, however, then grant to each respective Third Party a license from 12 ' ?[6Al. OWNER to remain on the 'rower and/or the LEASE[) AREA, in which event the property of the Third Party may remain on the tower and/or LE/\SED AREA in accord with such license from O\VNER. 5. Termination Of This Lease By TENANT A. During First Lease Year. Notwithstanding that fact that TF. NANT may have brought property onto the LEASED AREA per paragraph 3 of this Lease. if an,,' of the following events (paragraphs i through iv) occur, TENANT still ,,,.'ill have thc right to ~mmediately terminate this I.ease by delivering to OWNER written notice of such termination before three hundred and sixty-five (365) days of the Commencement Date of this lease. i. TENANT determines, in its sole discretion, that it xvili be unable to obtain all necessary Governmental Approvals for TENAN'I S intended uses of and improvements to the I.EASED ,,\RE;\ as desired by TENANT: or ii. TENANT'S application for any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or 'Ft';NAN"I"s Property and improvements desired by TENANT is denied or becomes commercially impracticable: or iii. Any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or improvements to the LEASED AREA, whether now or hereafter desired by TENANT. have bccn canceled, have expired, have lapsed or have otherwise been withdrawn, terminated or denied so that TENANT, in its reasonable judgment, determines that it ,,viii no longer be able to use the LEASED AREA for TENANT'S intended uses; or iv. The Federal Communications Conmfission ("FCC") allocates the frequencies at which TENANT may operate the subject antennas and related equipment and may from time to time change such frequencies. Any change of this nature that. in TENANT'S reasonable .judgment. renders its operation ora wireless communications facility at the LEASED AREA obsolete: or v. If TENANT determines that the I.EASED AI~,EA has become unsuitable for TENANT'S operations due to changes in system design or network design or in the types of equipment used in such operations, or it appears to TENANT that TENANT'S operations at this site '`,.'ill not be profitable. 13 vi. Any timely ten'nination notice deli,`'ered to OWNER by TENANT shall cause this Lease to expire with thc same force and effect as though the date . ~.~.. set forth in such notice were the date originally set as thc expiration date of this ~' Lease and the parties shall make an appropriate adjustment, as of such termination .:5,.,~ date. with respect to payments due to the OWNER under this l,ease. ~ rix. OWNER may terminate this' Lease if TENANT does not in good faith make and continue to pursue all reasonable efforts to obtain all required permits and construct the planned tower and all of its necessary related facilities. OWNER may instruct TENANT to remove all of its property and restore the property to its original condition, all at no cost to OWNER. B. Subsequent to First Lease Year. Subject to the follo~ving paragraphs (i through iii). TENANT has the right to immediately terminate this Lease by giving written notice to OWNER of such termination anytime subsequent to three hundred and sixty-five (365)days oftt~c Lease's Commencement [)ate. i. TENANT deeds the Tower to OWNER free and clear unless OWNER instructs TENANT to remove tile tower, in which event TENANT shall have the ~wer removed and have thc LEASED AREA restored to its original condition, ali at no cost to OWNER. ii. OWNER shall retain all prepaid rent for the then applicable lease year and TENANT shall pay to. OWNER the applicable twelve month's rent for the entire folloxving lease year ( i 2 months). iii. This option to terminate does not in anyway bar, prevent or impede TENANT from selling the tower to a responsible third party, which entity must become an assignee of this Lease prior to any effective sale o£ the tower and/or other property of TENANT. 6. Assignment And Subletting. A. TENANT shall not assign, transfer or otherwise convey this Lease, in ,,,,'hole or in part, by operation of law or otherwise, nor mortgage or pledge this Lease or any of TENANT's property or any part thereof, nor sublet or license any part of (space upon) the tower or other of TENANT'S Property without the prior written consent of OWNER, which consent shall not be unreasonably withheld or unreasonably delayed. Each entity that becomes a successor in interest (by 14 167 1 5 purchase of the toxver, etc.. or by whatever means) of TENANT rights under this Lease must be a responsible entity that xvill enable all users of this tower and LEASED AREA to continue to conduct their activities on thc tower and LEASED :?~' AREA without undue inconvenience and without additional expense. Any assignment or other transfer wbatsoevcr not expressly authorized by OWNER in writing shall be void ah initio. B. t-:xccpt to the extent, if any, that is concurrently agrccd to in writing by OWNER (a partial or complete novation), no consent by OWNER to any assignment, lease, sublease or any other transfer by TENANT(including sale of tile tower, etc.,) to any entity except OWNER, shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment, sublease or any other transfer. The consent by OWNER to any assignment, sublease, or other transfer, shall not relieve TENANT from tile obligation to obtain OWNER's express written consent to any other or subsequent assignment(s), sublcaseis) or any other transfer(s). C. Any sale or other transfer, including by consolidation, merger or reorganization, by sale or transfer ora majority of the then outstanding voting stock of TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority interest (whether of profits, losses, capital, or voting power) or of a majority of the persons that then comprise the managers of the partnership (if TENANT is than a partnership), shall not be considered to be an assignment for purposes of this Section 6. D. Subject to all conditions rcgarding assignments, nothing herein .~.prevents TENANT from assigning this lease during thc first lease year. 7. Utilities. TENANT shall be responsible directly' to all serving entities for all utility services used at the LEASED AREA. OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or by an3' other servicing utility. 8. Indemnification, Insurance, Assumption Of Risk. A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of: (i) tile acts or omissions of TENANT, its agents and employees in, on or about the LEASED AREA ancL'or the easement access area. excepting however, such claims 15 or damages as may be due to or caused solely by tim acts or omissions el'OWNER, its employees or agents: and/or (ii) TENANT'S breach of any term or condition of this Lease on [ENANI' S part to be observed or performed. TENANT shall defend OWNER if OWNER is sued by any person xvhomevcr or entity whatsoever for alleged electrical of other interference from any antenna or other facility on the tower or the LEASED AREA, excepting only from interference from OWNER's facilities, if any, on the tower because OWNER is not and shall not be responsible in any way for any facilities not owned by OWNER. B. To the extent then allowed by law. and subject to Paragraph 8.E., OWNER hereby agrees to indemnify and hold TENANT harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise directly out of: (i) acts or omissions of OWNER. its agents and employees in, on or about the LF. ASEI') AREA and/or access easement area subsequent to the commencement date of this l.ease, excepting, however (i) such claims or damages as may be due to or caused solely by the acts or omissions of TENANT, its employees or agcnts, and/or (ii) OWNER's breach of any term or condition of this I.easc on OWNER's part to be obsen~ed or performed. C. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the State of Florida proving that TENANT then carries comprehensive general liability insurance with limits of liability thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage together with an endorsement for contractual liability. Such insurance shall name OWNER as an additional insured with respect to the LEASED AREA and with respect to TENANT'S Property. TENANT will provide OWNER with a renewal certificate within ten (I0) business days of OWNER's request for such certificate. Any insurance required to be provided by TENANT under this t~aragraph 8C may be provided by blanket insurance policy covering thc LEASED AREA and TENANT'S Property and other locations of TENANT, provided such blanket insurance policy complies with all of thc other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Section 8C through a program of self-insurance. If TENANT elects to self-insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance program then in effect provides for coverage equal to or greater than that required of TENANT herein by private insurance. OWNER cannot be certain that the specific inSurance requirements specified in this Lease will be adequate with the passage of time; therefore, OWNER reserves the right to 16 reasonably amend the insurance requirements by issuance of Notice in writing to TENANT. whereupon receipt of that Notice TENANT shall have sixty (60) days in which to obtain the required additional insurance, unless, for good cause. OWNER requires that such insurance be acquired in less than sixty (601 clays. D. OWNER shall provide TENANT with a certificate of insurance. issued by an insurance company licensed to do business in Florida indicating that OWNER carries comprehensive general liability insurance with limits of liability thereunder of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage, together with an endorsement for contractual liability. OWNER will provide TENANT with a renewal certificate within ten (I0) business days of TENANT'S request for such certificate. E. Each such policy described in either paragraph (C) or (D), above, shall be written so as to provide that the insurance company waives all rights of recovery by way of subrogation it may have against OWNER or TENANT in connection with any loss and]or damage covered by such policy. The OWNER and TENANT agree and hereby release each othcr with respect to any claim (including a claim for negligence) which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the LEASED AREA and/or TENANT's property occurring during the term of this Lease. as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lcasc to thc contrary, thc provisions of this Paragraph 8.E. shall control. F. ASSUMPTION OF RISK B Y TENANT AND USERS. TENANT and -:.5- each third party licensee, their successors and assigns, accepts the LEASED AREA and easement access area "as is." TENANT and each third party licensee, for its officers, agents, affiliates, contractors, materialmen, suppliers, laborers, and employees (collectively "TENANT" tbr the purposes of this Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the LEASED AREA and on the access easement .area, and hereby agrees to indemnify and hold harmless OWNER and all other Users against and from any claim asserted or liability imposed upon OWNER or any other User for personal injury or property damage to any person (other than from OWNER's gross negligence) arising out of the TENANT'S or User's installation, operation, maintenance, repair, and/or condition or use of the LEASED AREA and/or the access easement area. or TENANT'S failure to comply with any federal, state or local law, ordinance, rule or regulation. 17 TENANT DEFAULTS. A. The occurrence of any one or more of the constitute an "Event of Default'' of this Lease by TENANT: following events shall i. OWNER will not tolerate late payment of rent in full. The failure by -TENANT to make any payment of rent as and when due. Each rent payment shall be mailed to OWNER via certified mail, return receipt requested, or by any other method where TF~NANT is notified in writing by the carrier that delivery of the rent to the OWNER has actually occurred. OWNER shall have no duty or responsibility to notify TENANT of any late payment or of the fact that the payment was less than the full amount then due to OWNER except as prerequisite to declaring TENANT to be in default of this Lease. in which case OWNER shall give TENANT at least ten (10) days notice of intent to declare a default for failure to pay that rent payment in full and on time. ii. The failure by TENANT to observe or perform any of the covenants provisions of this Lease to be observed or performed by TENANT, other than as specified in Paragraph 9.A.(1), above, where such failure shall continue for a period of forty five (45) days after written notice thereof is received by TENANT from OWNER; provided, however, that it shall not be deemed an Event of Default by if TENANT shall commence to cure such failure within said sixty (60) ~day period and thereafter diligently prosecutes such cure to its full completion. iii. If TENANT abandons or vacates the Property. of if any Trustee does not unconditionally assume this lease pursuant to applicable bankruptcy or other laws. ix'. 'Fo thc extent allowed by lax,,', if TENANT is adjudicated a bankrupt or makes any assignment for the benefit of creditors, or if TENANq' becomes insolvent, or OWNER otherwise reasonably believes itself to be insecure. If TENANT becomes insolvent or OWNER reasonably believes itself to be insecure, the TENANT or Trustee must provide OWNER with adequate assurances of future performance before this lease can be assigned in bankruptcy or for the benefit of creditors. Any such assignment shall require the assignee to provide OWNER with security deposit of one year's rent at the then existing rental rate. The assignee must be able to immediately continue operation of TENANT's facilities at the site and not unduly inconvenience any then existing operation at the tower or LEASED AREA. TENANT shall remove its personal property only to the extent 18 that such removal does not result in any shutdown of any of the other communications operations on the tower or the LEASED AREA. B. I f there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at lax,., or in equity. OWNER may elect to terminate this Lease and all rights of TENANT hereunder. C. if there occurs an Event of Default by TENANT, OWNER shall ~ have the right, prior to the termination of this Lease by a court of competent jurisdiction, to enter upon any of TENANT's Property and'or remove persons or property from TENANT's Property, except as needed to accomplish emergency repairs or emergency exercise of police powers. D. In the event of a material default of this Lease by TENANT, OWNER shall have the right, at its option, in addition to and not exclusive of any other remedy OV~'NER may have by this Lease or by operation of law, without any further demand or notice, to declare this Lease to be terminated. If then ordered by OWNER, TENANT shall immediately remove the tower and its property as specified by OWNER, and TENANT shall then pay to OWNER a sum of money equal to the total of (i) the amount of unpaid rent. if any. then accrued through the date of' termination: (ii) the amount by which tile unpaid rent reserved for tile balance of tile term; and (iii) any other amount necessary to compensate OWNER for all detriment proximately caused by TENANT'S failure to pertbrm its obligations under the Lease. In the alternative, OWNER, rather than terminate this Lease, may relet the tower, for the account of TENANT upon such terms and conditions as OWNER may deem advisable, and any moneys received from such reletting shall be applied first to tlie~.expenses of such reletting and collection, including reasonable attorneys' fees, real estate commissions paid, if any, and thereafter be applied toward payment ofall sums due or to become due to OWNER hereunder, and if a sufficient suni shall not bc thus realized to pay such sums and other charges, TENANT shall'pay OWNER. monthly, any deficiency, notwithstanding that OWNER will have received rental payments from others in excess of the rental to OWNER stipulated in this Lease tn previous or subsequent months, and OWNER may elect to bring an action therefor as such monthly deficiency shall arise. E. No re-entry and taking of possession of TENANT's Property by OWNER shall be construed as an election on OWNER's part to terminate this Lease, regardless of the extent of renovations and alterations by OWNER, unless a xvritten notice of such specific intention is given to TENANT by OWNER. Notwithstanding any reletting without termination, OWNER may at any time thereafter elect to terminate this Lease for any such previous breach. Notices. All notices hereunder must be in writing anti, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or by overnight courier service with a concurrent copy each to: (1) Office of thc Collier County Attorney and (2) Collier County's Real Property Management Department. Should OWNER or TENANT have a change of address, the other party shall immediately be notified as provided ia this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from TENANT shall be sent to the person listed below to ~vhom notices are sent. NT: Acme Towers Inc. Attention: Address: Telephone Number: J. Kevin Baffle 4830 W. Kennedy Blvd., Suite 340 Tampa, Florida 33609 813.258.2588 With a copy to: Attention' Address: Telephone Number: Wm. Todd [.ax. Esq. 4830 \V. Kennedy Blvd., Suite 340 Tampa, Florida 33609 813.258.2588 OWNER: Attention: Address: NO.: Collier County Franchise Administration Coordinator 3301 East Tamiami Trail. Administration I3uilding, First Floor Naples, FL 34112 (941) 774-8585 11. Sale Or Transfer Of The Leased Area By Owner. OWNER has no plans to sell or otherxvise convey away any part of or any interest in any part of the LEASED AREA to TENANT or any other person or entity. Should O~VNER, at any time during thc life of this Lease, sell, lease, transfer or other,vise convey all or any part of the LEASED AREA, to any · 2O transferee other than TENANT, then such transfer shall be under and, during the entire term of this Lease, shall be subject to this Lease and all of TENANT'S rights hereunder and rights of all Third Parties. Ail of the provision, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon the parties, their respective heirs, successors (by merger, consolidation or other~vise) and assigns, lessees and all other persons acquiring any interest in the OWNER's PROPERTY and the LEASED AREA, or any portion thereof, whether by operation of law or in any manner whatsoever and shall inure to the benefit of the parties and their respective heirs, successors (by merger, -consolidation or otherwise) and assigns. All of the provisions of this Lease shall 'constitute covenants running with the land pursuant to Florida law. 12. Hazardous Substances. A. OWNER has no knowledge that either OWNER or any other person or entity has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within any part of OWNER's Property in violation of any law or regulation. OWNER, TENANT and each USER agree that they will not use, generate, store or dispose of any Hazardous Material (as defined in Paragraph 12.B, belmv) on, under, about or within OWNER's Property in violation of any applicable law or regulation. B. OW'NER, TENANT AND EACH USER agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement ed in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 13. Condemnation. A. Whole Condemnation. Because OWNER is a governmental entity and few condemnors have authority to condemn the LEASED AREA, it is unlikely that the LEASED AREA xvill ever be condemned. Nevertheless, if the LEASED · AREA, including without limitation any of TENANT's Property or property of each USER, shall be taken or condemned, either temporarily or permanently, for purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this lease shall automatically terminate as of the date of the taking, condemnation, or sale. B. Partial Co~tdem~taliom If any portion of the LEASED AREA shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a convening authority under threat of such condemnation to prevent taking, then O\VNER a~ecs that TENANT may use and/or construct upon an alternative portion of O\\%'ER's Property that is suitable for TENANT'S purposes, provided such suitable space is then available. The exact site to which TENANT may relocate will be determined by' OWNER, and it may be any portion of OWNER's Property (or other property owned or controlled by OWNER), provided TENANT approves the new site as being suitable for TENANT'S intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall forthwith automatically terminate as ofthe date ofthe taking, condemnation or sale. C. Co~demnatio~t A~vard. OWNER shall receive the entire condemnation award for the land and all other improvements as were paid for by OWNER. TENANT hereby expressly assigns to OWNER any and all right, title and interests of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from the condemnor, but not from OWNER, any compensation as may be awarded to TENANT on account of the taking of its leasehold interest, moving and relocation expenses, and depreciation to and removal of personal property and fixtures of TENANT from the LEASED AREA. 14. l.iens. TENANT shall keep TENANT's Property free from any liens arising out of any work performed, materials furnished, or obligat.ions incurred by or on behalf of TENANT. TENANT shall, within thirty (30) days Following the imposition of any such lien. cause the same to be released of record or otherwise, either by payment thereof or by posting of a proper bond in accordance with Section 713.24. Florida Statutes. No work which OWNER performs or has performed within the LEASED AREA shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of OWNER's consent to any such work. OWNER may, at its election, post notices in the LEASED AREA advising that OWNER it is responsible for payment for any such work. 15. Fire And Other Casualty Damage To Facilities. If the tower and/or related facilities is/are totally or substantially destroyed by an act or occurrence beyond the control of TENANT, TENANT may terminate this Lease effective on the date of such occurrence, or TENANT may elect to rebuild thc tower or truct a substantially similar tower., If TENANT elects to terminate this Lease under this provision, any unearned rent for the remainder of that lease year shall be refunded by OWNER to TENANT provided TENANT has not otherwise breached this Lease to thc monetary detriment of OWNER or to any User. if TENANT elects to rebuild the tower (or construct a new tower) the annual rental shall be reduced to $100.00 per month for only the ninety (90) days following thc damage date occurrence, at which time the prior then existing annual rent shall automatically recommence. 16. Taxes. A. This is a net-net Lease as to OWNER. TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior written notice from OWNER. any and all taxes and assessments levied against any personal property or trade or other fixtures placed by TENANT in or about the LEASED AREA. B. OWNER's Property is not now subject to any real property taxes. ' Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any, that may be levied against the LEASED AREA and/or against OWNER's Property as a result of this Lease and/or any improvements constructed on the LEASED AREA by TENANT and/or any licensees other than OWNER. TENANT shall not be responsible for any increases in real property taxes which are a result of tax assessment of OWNER's Property due to improvements made hy Owner or any third parties acting under Owner. C. If any tax, any payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or special assessments are imposed on any of the tangible and/or intangible property, such tax obligations shall be assumed and be paid by TENANT except as to any such payments directly attributable to communications equipment installed on the site by OWNER. This assumption shall not preclude TENANT from contesting any and all such obligations. 17. Quiet Enjoyment And Non-Interference. A. OWNER warrants that OWNER is seized of good and sufficient title to and interest in the LEASED AREA and has adequate authority to enter into and execute this Lease to TENANT. OWNER knows of no liens, judgments or impediments of title on the LEASED AREA that would affect this Lease. OWNER warrants and agrees that TENANT, upon paying thc rent and performing all covenants herein provided, shall peaceably and quietly have and enjoy the LEASED AREA. It is the opinion of thc County Attorney that tile planned uses of the LEASED AREA. as expressed in this Lease. are allowed and permitted uses of the LEASED AREA and are not in violation of any Zoning Ordinance or other Land Use Ordinance that applies to the LEASED AREA. I3. OWNER hereby grants to TENANT, as a primary inducement to TENANT'S entering into this Lease, the first priority right to install its antennas and operate its wireless communications facility on the LEASED AREA. From time to time OWNER may grant to other entities a lease or license to install communications towers and/or operate wireless communications facilities on OWNER's Property and/or the right to install antennas in connection with the .operation of such facilities or other communications facilities; provided, however, that OWNER shall not allow the operation of any such facilities, antennas and/or equipment by others which unreasonably interfere with the operation of any antennas and/or equipment in the LEASED AREA as it exists at the time of such other occupant's installation or as it may be modified at any time during the term of this Lease, and as the same may be extended. If any such unreasonable interference occurs. OWNER agrees to cause the elimination of such interference with operations at the LEASED AREA within a reasonable time after receipt of TENANT'S notice of such interference and, if necessary, to cause tile interfering party to modify or cease its operations. If such interference continues for more than thirty (30) days after TENANT'S notice to OWNER with respect to such interference. OWNER shall require the party causing tile interference to immediately modify its usc of or immediately cease using such equipment to the extent that it is then causing such interference. C. TENANT covenants and agrees that, during the entire term of this LEASE, no equipment, installation, operation and maintenance at the LEASED AREA, including same by any third party licensee, shall not interfere with the operation of the OWNER's 800 MHz system or OWNER's other transmitted or received radio signals. In the event there is any such interference, TENANT will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If TENANT is unable to eliminate such interference caused by any such equipment, installation, operation and/or maintenance at the LEASED AREA, 24 TENANT agrees to remove thc offending antennas from thc LEASED AREA and, if the interference cannot be corrected to the satisfaction of OWNER, this l,ease may be terminated at the election of OWNER. This provision shall be specifically .spelled out in every license from TENANT to each third party licensee. 18. Estoppel Certificates and Subordinations. A. OWNER. at the. request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any clainl against TENANT for rent or otherwise and it' so, stating with ~;pccificity tile nature of each such claim; (2) that OWNER recognizes TENANT'S right to TENANT'S antennas, equipment and other property at the LEASED AREA: (3) that TENANT then }las the right to remove TENANT'S equipment and other property from the LEASED AREA provided such removal will allow the remaining users of tile trover to make its use of the tower (not notwithstanding that such property may be considered fixtures under Florida law): and (4) that OWNER at the time o£ execution of' the Estoppel Certificate has no legal interest in and affirmatively disclaims any interest to TENANT'S cquiprncr~t and other property within the I~I'~/\SI:~D AREA. B. TENANT, at the request of OWNER, shall provide OWNER ',vith a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified (and shall state the modification(s)); (2) v,'hether or not, to TENANT'S knowledge, there are then existing any set-offs or defenses against tile enforcement of any of thc agreements, terms, covenants or conditions hereof upon the part of TENANT to be perfon'ncd or complied with (and, if so, specifying each of the same); and (3) the dates, if any, to which rent has then been paid in advance; and (4) any, if in the first lease year, other provisions required to enable TENANT to obtain a perfected UCC-I to finance the tower and/or its equipment. C. ,,'ILL OTItER INTERESTS SUBORDhV/1TE. This Lease and all of TENANT's property at the I, EASED AR[iA shall during its life always be superior to any mortgage and any other pledge by OWNER and by TENANT. OWNER and TENANT shall at no cost or expense to the other, execute whatever subordination agreements and/or other instruments as may be reasonably required by the other to evidence such subordination. It is hereby agreed that a request by TENANT for a subordination from OWNER to facilitate TENANT'S initial financing of the tower and/or any or TENANT's initial equipment is a reasonable required subordination. TENANT hereby affirms that as of the date of execution bf this LeaSe there is no deed of trust, mortgage, or other any other encumbrance 25 III I :~'affecting this Lease or any of TENANT'S property that may be placed xvithin the LEASED AREA. OWNER promises that there exists no mortgage, deed of trust. or other encumbrance or pledge by OWNER that is superior to TENANT'S Leasehold interests in this LEASE. and that OWNER shall not knowingly enter into or suffer any such encumbrance to become superior to any of TENANT'S interests under this Lease. '['he only possible exception to this promise by OWNER could be an encumbrance that is not avoidable by OWNER as a matter of laxv. 19. Miscellaneous Provisions. A. CONTROLLING LAW. This Lease and all license agreements and agreements related hereto and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. Any lawsuits that may be brought to enforce any part of this Lease. including any claim for damages, shall be brought in Collier County. B. BROKERS. OWNER arid TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. C. ENTIRE ,~GREEMENT. This Lease. including attached exhibits (which are hereby incorporated by reference) incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or understanding shall be binding upon either OWNER or TENANT. Any addition, variation or modification to this I.easc shall be ineffective unless made in writing and signed by both of the parties. All license agreement shall be subject to this Lease. D. CONI'INUED COMPLI/INCE WITIt ~ILL APPLICABLE RULES. : OWNER agrees that the LEASED AREA complies with and during the term of this Lease shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi-governmental authority. Correcting any such non-compliance shall be accomplished at no cost or expense of TENANT. E. SUCCESSORS,4ND .,ISSIGNS. This Lease. all licenses, and all other directly related agreements shall be binding and inure to the benefit of the parties, their successors and/or assigns. This Lease, and each and every covenant and condition herein, is intended to benefit the LEASED AREA and shall extend to and bind all successors and assigns of the respective parties. 26 F. NON-TECHNICAL: READI, vG ~O.F TERMS AND CONDITIONS. All provisions hereof shall be construed as both cOvenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. No distinction between a condition, a term, a promise or a covenant is intended or shall be implied. G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to review and negotiate this I.ease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. H. AITORNEYS' FEES. If either party institt, tes any action or proceeding in court to enforce any provismn hereo£, such as an action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services .rendered to the prevailing party, together with its other reasonable litigation expenses. I. FAILURE TO CURE CURABLE BREACII. If either party breaches · this Lease in any manner and fails to commence to cure such breach within thirty ~ (30) days after receMng a written notice from the other party exactly specifying the violation (or if the breaching party fails thereafter to diligently prosecute the cure to completion), then the non-breaching party may enforce each of its rights and remedies under this Lease or provided by law or it may (although it shall not bc obligated to do so) cure that breach or perform the breaching party's obligations (on the breaching party's behalf and at the breaching party's expense) and require the breaching party to reimburse all reasonable expenses incurred in doing so, plus interest (from the date such expenses are incurred until reimbursement) at twelve percent (12%) per annum. J. SEVERABILIT}: If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other provided for in this Lease, OWNER and TENANT shall be entitled to 27 .:~!.,.immediate restraint by injunction (or any other appropriate cquilablc remedy) of any violation of any of the covenants, conditions or provision of this Lease. L. 63IPF[ONS. Thc captions ofth¢ paragraphs used in this Lease arc for convenience of reference only and shall not affect the interpretation of this Lease. M. GOI~ERNMENT APPROVALS BY TENANI; OWNER acknowledges TENANT'S ability to use the LEASED AREA and TENANT's Property for its purposes is contingent upori:'TENANT obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state and/or local authority, including OWNER, for the foregoing uses and improvements to the Property desired by TENANT. OWNER agrees to cooperate with TENANT in TENANT'S efforts to obtain such governmental Approvals and OWNER shall take no action that would adversely affect TENANT'S obtaining or maintaining such Governmental approvals. N. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the execution of this Lease, OWNER shall execute and deliver to TENANT for recording a "Memorandum of Lease Agreement" in the form of the attached Exhibit B. This Lease is a public record under Chapter I 19, Flo/'ida Statutes. / / / / / / END 28 IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written (the Commencement Date). ,T: iHT' E. BROCK, CLERK "Deputy Cler', 3proved as to Form and Legal Sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI.ORID~/.. / / tt~.st es to Chatr~ta~/P~areola S. Mac'Kie, CHAIRWOMAN County's S. S. 'Fax No.' By: Print Name: Kevin Barile Title: President TENANT.' ACME TOWERS INC. A Florida corporation STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing Lease was acknowledged before me this 25th day of March, 1999. by Kevin Barile, as the President of TEnANT, who is personally known to Milton K. Schrnidt ~ ~ ~-ub-~c . ¢o~.,.~o. # cc,,,oo, Serial Number: 7]/00) E~Ir~s ~6, 27, 200~ BONOED THR~ ~,,.,..,..m.,~c My Commission Expires: ~) 37,0 7_ -end- 29 Exhibit LEGAL OESCAtPTION 0~' PA.R~]4T TRACT.. Legal Description T~ACT '5---4. TI.E:' VINEYARDS UNIT 3. ACC"C~.DtNG TO ~ MAP CNA' PLAT AS RE'CORDED IN PLAT BO~ 1~.. PACES 2 THRU 5. INO,.U<~VF_. 07 THE I~J91JC ' LEGAL D~SCRIPBC..,N GF' LEA,~ PARC'F_L: A PARCEL ~ LA,NO L'flNG IN S~'C'I~ON 5, TOWNE, H1P 4g .SOUTH, RANG[ 26 [ART. COLtJE_R COUNTY. Ir%.C~fl~A, ~'ING A PORTIC~I OF TRACT "S-4" C~' THE Iq_AT C~' ~ MNEYARDS UNIT ..~. AS I~ IN PLAT BOOK 16. PAC,~S 2 T'HROUCH 5. INCUJS~V[, OF' THE PUE~UC I~COI~$ OF' C0(J..E:R COUNTY, FLCRIDA. SMD UC~'E PAR*rtcL)t,~RLY D,[~ AS CC~WENCING AT THE NORTHv~:ST CORNER Or SAID SECTION 5. PRIED ~ ~'~' EAST ~C ~ N~ UNC ~E~ A D~ST~4~ ~ 60.02 FEEt ~0 ~E N~ST ~E~ ~ S~ ~ACT 'S-4', S~D P~NT L~C ~ ~fE ~ RIGHT ~ WAY (R/~ UNE ~ V~DER~ILT ~[ACH ROAD; ~ DEPlaNE SNO ~/W LINE ~ 01'28'~' EAST ~C ~[ ~ST LiNE ~ SX~ TRACT 'S-4' A DISTAN~ ~ 355.05 ~ET: ~ DEPAR~NG ~D ~ST L~E ~ SN0 ~ACT 'S-4' N~ 88'52'00' EAST A ~ST~ ~ 20.~ ~ET: ~ ~ 0~'22' EAST x ~STxNCE OF 50 ~ FEET. ~EN~ ~J~ ~'41'~' ~St A D~ST~C[ ~ 20.~ FEET: ~[NC[ N~ 01~4'22' ~ST A ~STAN~ ~ 50~ r~t TO ~E P~NT ~ 8~NNINO CErTAIN'lNG AN AREA 0~' 1.000 SQUARE FEET UORE OR LESS. LEGAL 0(:SCRIPl'~0N 0,c .ACCESS AND UTIUTY A PARCEL <:~ LAND LYIN¢ IN SEC'rlol,/ 5. TOWNSHIP 49 SOUTH. RANC[ 26 EAST. CCLUc..R CC~JNTY, FLORIOA, BEFHG A PORT)OH OF' TRACT *S-4' Glr ~'~E PLAT C_~ THE MNEYAR~ UNIT ,~,, AS RECORDED IN PI. AT I~OOK 16. PAC~S 2 THRC~JCH 5. INCLUC~V~, CIc' THE PUBLIC RECORDS Of" COLLIER COUNTY, ?'LORIOA. SAiD PARCEL WORE PA.RT1CULARLY DESC...q~ AS FOLLOWS: CC~UENCiNG AT 13-~E NORTHW[:ST CORWER OF' SMD ~C~ 5. PR~[EO 89'~'~' EAST AL~G ~E N~ UNE ~ERE~ a ~T~ ~ 60.02 FEET T0 ~E N~ST C~N~ ~ SA~0 reACT '~-4'. ~0 PONT L~NG ON THE SOU~ ~ICHT ~ wAY (R/~ ~E ~ VAN~R~LT ~A~ ROAD; ~ENC/ C~NUE ~ 8g'~'~' EAST ~O S~0 ~ R~ LINE A ~STANC[ ~ 53.8g FEET TO ~E POINT ~NNING; ~EN~ C~NU[ S~ 89~4'~' EAST ~G S~D LINE A OF t0.~ ~ET: ~ENCE DCP~G SNO ~ R~ UNE, ~ 25~9'56' ~ST A 0GT~CE ~ 20.45 ~[T: ~[N~ ~ 64'~'20' ~ST A ~ST~CE ~ 2~.59 ~T. ~ ~ ~4t' ~ST A ~STAN~ ~ 2293 ~T TO A P~NT OF ~E ~ST 18 ?~T ~ SND ~ACT '5-4': ~EN~ S~ 0~8'~' ~ST ~L~G SAI0 EAST UNE x O(~ ~ 345.~ ~[T; ~ N~ ~'41'~' EAST A DSTANCE ~ ~4 g8 F~T; ~ENCE ~ 01'24'22' ~ST A O~ST~CE ~ ~0,~ ?~T: ~ENCE UNE ~ SA~ ~T '5--4'. A ~STAN~ ~ 359.63 ~ET; ~CE NOR~ 45~'4t' EAST A DISTA~ ~ 28.92 ~ET; ~[~CE 14~ B4'~'~' EAST A DIST~CE ~ 24 THENCE NOR~ 25'Ig'56' EAST A ~tSTAN~ ~ ~2.3g ~ET TO ~E P~NT ~ ~E~NNINC. CONTA~INING AN AREA Of 4.426 S(;~JAJ;['~: lr'~'[T blC~E OR LESS. Owner Initials: Acme Initials: Exhibit 'A'; (continued) Site Sketch ~., ;-' z. LAN Owner Initials: Acme Initials: It]IS INSTRUMEN1 AND RETURN Acn~ To~er~ In~. Ir~ One IJr~an Center ' 4830 '~,'e~t Exh irt 13 S~te Name: Palm P. JY~ 51E.M()I~,ANI) L'.M OF LEASE THIS MEMOP. ANDUM OF LEASE evidence that a lease was made and entered into by written Ground dated . 1999 by and between Collier County {"{')WNF. R"I v, hose is 3301East Tami ami Trail. Admimstratton Building, First Floor. Naples. F'lor]da 34112. ami ACME TOWERS INC,. a Florida corporation {"Acme"} whose address i$ One Urban Center. 4830 West Kennedy Blvd.. Suite 340. Tampa. Florida. 33609. the terms and conditions of v,'h~ch are incorporated herein by reference. OWNER hereby leases to ACME a cerlam site located in Collier County. Florida. within the property of OWNER ,,~ hich is described in Exhibit A, attached hereto. ,,,, ~th grant ~f easement for unrestricted rights of access thereto ant[ to electric and telephone facilities, all as more specifically described in the Ground Lease Agreement. the terfiis of,a'hich are incorporated herein by relk'rence, for a term often (10) years commenong on which term is subject to one { I I additional ten {'I0) )'ear exlension period by ACME. After th& twentieth {20~') year. the lease may be re- negotiated in order to extend the terms and ¢on&tions of the lease. "OWNER NOT RESPONSIBI.E FOR Cf)NS'FL'CTION I.IENS." Pursuant to Florida Statutes. Section 713. I 0. the interest of the lessor shall not be subject to liens for improvements made by the lessee. In the event of any such lien he:ng filed, the lessor shall cause the title lo lessor's property to he cleared wilhin ten (10) days notice thereof. The failure to clear lessor's Htle shall be deemed a default umler the terms of tills lease." IN ~critten. OWNERS and AC ME have duly executed this Memorandun] of l,ease as of the day and }'ear first above ACME IN('.. a Florida Cor By: Name/Title: Kevin Barile, l'res]dent S.SJTax No.: 59-3-156362 One Urban Center 4830 West Kennedy Blvd.. Suite 340 Florida 33609 Witnesses: Print'Name (21j Prmt Na~' FI.ORIDA COUNTY OF tllI.I.SBOROI'(;II The foregoing instrument v,a~, acknox~ ledged befo'e me this 2? day. of March. 1900 by Kevm Banle as President of Acrne Tower, Inc.. a Florida ('orporatton. lle is personally known to me. (Printed. Typed or Stamped Name of Notary} Milton K. Schmidt Commission # CC 771001 Expires ~. ~'7, ~oo~ BOnDeD 'renu a, TI At I,rlC ~j OtI OiNG CO.. INO' ((')l'fic~a Notary Signature} Notary Puhhc Stale ofl:lorida Tills INSTRUMEN'T PREP^RFD BY AN'D RETURN TO: : Acme Towns inc. lnc One Urban Cen~r Bh'd.. Suite 'D,rnp~ F'lori~ 336O9 Site Name: BROCK. CLERK Deputy Clerk ~s to Ch~ Ir~an's ' stgaatur~ onl.~. Approved as Io Form al Sufficiency: Atfomey Counly's S.S. Tax No.:. Exhibit "A' Legal Description LEGAL OE'SC~PTION OF' P~T TRACT: TRACT S.-4. 'Tt'~.'MIH~YARDS UNIT 3. ACCO~I~q~'G TO TH~ MAP C~ PL~T THEJ:~O~ LEGAL D~$CRIPI'tO~ ~ LEA~E PARC'~. A PARCEL O? LANO LYING ~ S~'CTIC~I S. TO'~N~ 4g SOUTH. RANGE 26 ~AST. ~ MN~Y~O~ ~IT 3. AS ~~ ~ PLAT e~ 16. PA~S 2 ~ S. CC~:h~G AT THE NORTHWEST CORNER ~ SAID SEC~ 5. PRIED S~ ~'~' EAST ~C ~ N~ UNC ~E~ A OlST~ ~ 60.02 rEE~ ~O ~E N~ST ~R ~ S~ ~ACT '~-4', S~0 P~NT L~C ~ ~ ~ RIGHT ~ WAY (R/W~ U~ ~ V~DER~ILT lEACH ROAD; ~ D~PAR~NC S~O R/W LINE ~ 01'28'~' EAST AL~G ~ ~ST LIN~ ~ SA~ TRACT "S-4" A 01STAN~ ~ 35~,05 ~ET: ~ DEPAR~NG ~D ~ST L~E ~ S~0 ~ACT 'S-4' N~ EAST ~ ~STX~ ~ ~1,~ ~T TO ~ P~NT ~ ~N~G: ~[NCE N~ ~'41'~' EAST A ~ST~ ~ 20.~ ~ET; ~ ~ 01~1'22" E~ST x ~ST~NCE OF 50.~ FEET. ~EN~ ~ ~'~I'~' ~ST A ~ST~CE ~ 20.~ FEET; ~ENCE N~ 0~'22' ~S~ * ~STAN~ ~ ~ rEEf TO ~E P~NT ~ 8[~NN~NG ON C~ ACCESS AND UTILITY EAS~:k4E~T: A PARCEL 0/' LAND LYING I~ S~C~ON 5, TO~.~IP 49 S~. RAN~ 26 EAST C~LIE~ C~N~, ~lOA, B[~C A P~ ~ ~ACT '5-4" ~ ~[ PLAT ~ ~E MNEY~0S UNIT 5, AS ~OEO IN ~AT ~ 16. PAG~S 2 ~tR~ 5. INCLUde. ~ ~E ~BLIC RECTOS ~ C~R C~N~, ~0A. SAID P4RCEL M~E P~CUL~Y DES~ AS CC~uENONG AT THE NORTHWEST COR~/ER Of' SAiD SECTION 5. 89'54'~' EAST AL~G ~E N~ UNE ~tERE~ x ~T*~CE N~ST C~N~ ~ SAiD ~AC1 'S-4', 3Al0 P~NT L~NG 0N OF WAY (E/~ ~[ ~ VAN~R~:LT B[A~ ROAD; ~[NC[ C~NU[ ~ 89~'~' EAST ~G S~0 S~ R~ LINE A ~STANC[ ~ 55.89 F~ET TO ~NNING; ~EN~ C~NU[ S~ 89~¢'~' EAST ~G S~D LINE A OIST~C[ ~ ~0.~ FEET: ~ENCE DEP~G SND ~ R~ UNE, ~1H 25~g'56' ~ST A DGT~CE ~ 20.45 ~[T: ~N~ ~ 64'~20' ~ST A ~ST~CE ' ~ENCE ~ ~'41' ~ST A ~STAN~ ~ 2293 ~T TO x P~NT ~ ~[ E~T UNE OF ~[ ~ST 16 F~T ~ S~D ~ACT '5-4'; ~[N~ S~ 01~8'~' ~ST AL~C SAID EAST bwE A DIST~ ~ 345.~ ~ET; ~ N~ ~'41'~' EAST A F~T; ~C[ ~ 0t'24'22' EAST A OIST~CE ~ 10.~ ?~T; ~4[NCE S~ ~'41'30' ~ST A 0t~T~ ~ 24.95 ~ET; ~ ~ 01~8'~* ~ST, P~.~L TO ~ ~ST · UNE ~ S~ID ~T "S-4'. A ~ST~N~ ~ 359.63 ~ET; ~CE N~ a3~'~I' ~AST ;~STA~ ~ 28,92 ~ET; ~ENCE N~ B4'~'~* EAST A .ENCE NOR~ 23'19'56' EAST A DISTAN~ ~ 12.39 ~ET TO ~E P~NT OP gRiNNiNG Own er Initials: Acme Initials: 168 6 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 16~ 8 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO, 1 TO PROFESSIONAL SERVICES AGREEMENT This AMFNDMENT to the Agreement dated July 28, 1998 (hereinafter "AGREEMENT") is made and entered into this,~Z'day of ~-~"~----- ,1999, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Greeley and 'Hansen, an Illinois partnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL 33903 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Design and Implementation of 30" Parallel Sewer Force Main project (hereinafter referred to as ,the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the design effort and concept of the force main; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW. THEREFORE. in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the changes in the design effort and concept of the force main affecting the origina design of the project, CONSULTANT shall provide professional services i~ addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C, and Schedule C, as attached hereto. Additionally, CONSULTANT'S.i~ compensation for basic services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. 2.1 ARTICLE TWO OWNER agrees to compensa(e CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AG'REEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the 'rofessional Services Agreement for Design and Implementation of :10" Parallel Sewer Force Mare the day and year first wr tten above:< ATTEST: Dwight E. Brock, Clerk Date: ~ Attest as to Chair~tn's signature o~ 1~', · Approved as to form and ;gal sufficiency:-;,,~i~-, ,. BOARD OF COUNTY COMMISSIONF~§"F'OR COLLIER COUNTY, FLORIDA,-A POLITICAL%i SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT ~amela S. Mac'Kie. Chairwoman Witness Witness GREELEY AND HANSEN (CORPORATE SEAL) TASK NO. ~4 ~5 SCHEDULE B - ATTACHMENT A SHEDULE OF FEES FOP, BASIC RERVICES Greeley and Hansen TASK DESCRIPTIOH PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTIOhl BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION SUBTOTAL BASIC SERVICES TASKS A 2 - A IN CONTRACT 33.25600 13.020.00 6,876 O0 19.354.00 9~.464 00 SCHEDULE B -ATTACHMENT C SHEDULE OF FEES FOR ADDITIONAL SERVICES ADDITIONAL SERVICES PERMITS SURVEY SOILS INVESTIGATIONS EASEMENTS SUBTOTAL ADD'L SERVICES TASKS A. 7 AN D A. 8 · $5,210.00 $20,910.00 S8~522.00 $0.00 $72,077.00 TOTAL ENGINEERING SERVICES $168.541.00 AMENDMEHTS 0.00 0.00 000 O00 O00 NO. I 8,233.00 0.00 0.00 0.00 13.915.00 FEE 41,499.00 13.020 00 6,876.00 19,35400 110.379.00 so.ool so.ool ss,s22.ool $0 O0 J $4,383.00 J $4.383.00 J so oL S0.0O S24,936.00 $193.477.00 A.2 A.3 A.4 A.5 A.6 A.7 Notes: SCHEDULE C REVISED PROJECT SCHEDULE GreeleYand Hansen TIME FOR CUMULATIVE TIME DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION 36 weeks 36 weeks 10 weeks 46 weeks 16 weeks 62 weeks 6 weeks 68 weeks 26 weeks 26 weeks 94 weeks Times for completion are from the Notice to Proceed, dated August 5, 1998. The project shedule has been revised to reflect additional engineering tasks not in the original scope of services, including force main alignment and design coordination associated with the Creekside Commerce Park West and Grenada Shoppes developments, easement acquisition, U.S. 41 widening project and the proposed raw water pipelines along Goodlette-Frank Road. Since a portion of this force main will be constructed as part of the U.S. 41 project, construction of the force main cannot start until the U.S. 41 construction is unden, vay. The U.S. 41 construction is currently scheduled to start in about September of 1999, which matches with the revised force main schedule shown above. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services are based on an estimated 6-month construction schedule. 1999 SETTLEMENT AGREEMENT Tills AGREEMENT is made and entered into by and between CONNIE IIUBSCIIMAN, SAMUEL IIUBSCtlMAN, TERYL BEYRENT, IIARRISON tlUI~SCIIMAN, ALBERT HUBSCtlMAN and IIIGtILAND PROPERTIES OF LEE AND COLI,IER, LTD., A FLORIDA LIMITED I'ARTNERSIIIP, and TIIE GLAI)ES, INC., (SELLER) and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS Tile GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TIIE GOVERNING BOARD OF 'FIIE COLLIER COUNTY WATER-SEWER I)ISTRICT, (PUIICIIASER). That the above named parties, CONNIE I IUBSCltMAN, SAMUEL I tUBSCIIMAN. ~:~ TEWYL BEYRENT, HARRISON t IUBSCHMAN,'ALBERT I IUBSCI IMAN and I tIGI ILAND PROPERTIES OF LEE AND COLLIER. LID., A FLORIDA IAMITF, D PARTNERSI lip and TIlE GLADES. INC.. (SELLER) shall hereinafter be referred to as TIlE GLADES. INC.. and that the above named party BOARD OF COUNIY COM~USSIONERS OF COLI,IER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY and AS EX-OFFICIO TI IE GOVERNING BOARD OF ]'ttE COhLIER COUNTY WA'I'I-]{-SHWI~R DISTRICT. (PURCt [ASt:~R). shall hereinatier be referred to as COLLIER COUNTY. 2. That COLLIER COUNTY has determined to commence an effluent storage and re-use 'eCt which,.~ogether ~vitl! a deep injection well program, will meet the sewer effluent of the South County ~ea of the County Water. SeWer District. 3. That COLLIER COUNTY has further determined the need to locate a community park in lhe East Naples area of the Count)'. That TIlE GLADES, INC.. and COLLIER COUNTY. by entering into this 1999 SETTLEMENT AGREEMEN'[ intend to complete and/or otherwise extinguish the Settlement Agreement entered into by these same panics on the date of October 24. 1995. said Settlement -¸3 1.68 to hereinafter be referred to as the 1995 SETTLEMENT AGREEMENT. 5. That it is the intent and agreement of THE GLADES, INC.. and COLLIER COUNTY, that : .:~ any and all issues in the aforementioned 1995 SETTLEMENT AGREEMENT are resolved and ...... further that any and all claims which may have been, have been or in the future could have been raised by either party against any other party under the terms of the 1995 SE'ITLEMENT AGREEMENT are hereby resolved, extinguished and/or waived, and that the sole and exclusive issues which remain between the parties shall be only those "warrant" issues as hereinbelow outlined m this 1999 SETTLEMENT AGREEMENT. 6. It is resolved between THE GLADES, INC., and COLLIER COUNTY, that the 1995 SETTLEMENT AGREEMENT shall be completed and extinguished upon execution of this 1999 ~ SETTLEMENT AGREEMENT, and by the final contract payment of $149.025.71 from COLLIER COUNTY to the James H. Siesky, Esq., Trust Account, and that to the extent that the 1995 SETTLEMENT AGREEMENT may continue to survive, any conflicts between said 1995 SETTLEMENT AGREEMENT and the 1999 SETTLEMENT AGREEMENT shall be resolved in the favor of the 1999 SETTLEMENT AGREEMENT. AGREEMENT NOW, THEREFORE, the parties agree as £ollows: The recitals listed hereabove are incorporated in this 1999 SETTLEMENT AGREEMENT m their entirety and are fully enforceable and a part of this Agreement. 2 16B That pursuant to the 1995 SETTLEMENT AGREEMENT. thc parties known as TIlE GLADES, INC.. and COLLIER COUNTY have constructed rind completcd an effluent storage re-use facility on the property formerly owned by the parties represented by the designation T! IE GI,ADES: INC. That at the present time THE GLADES, INC., and COLLIER COUNTY agree to extinguish and complete the 1995 SETTLEMENT AGREEIvlENT by the final payment by COLI.IER COUNTY to the James H. Siesky, Esq. Trust Account, in the amount of S149,025.71. 4. That this 1999 SETTLEMENT AGREEIvlENT shall govern the relationship betxveen TI IE GLADES, INC., and COLLIER COUNTY with respect to the aforementioned effluent storage and re-use project, including matters relating to required warranty issues related to said effluent storage and re-use project. That the remaining warranty issues are hereby agreed as £ollows: Ao A successful project shall mean upon receipt of xwittcn documentation from by the Florida Department of Environmental Protection (hereinafter referred to as "FDEP") and the United States Army Corps of Engineers (hereinafter referred to as "USACOE") stating that the planted wetlands have met the applicable conditions of their respective permits and that exotic vegetation removal and eradication for the entire project has been accomplished in conformity with thc applicable conditions of their respective permits. The applicable permits are FDEP Environmental Resource Permit 12784065 and USACOE permit 199002385 (IP-CC). Contractor shall subcontract with a contractor who shall be fully licensed, experienced and knowledgeable in planting and maintaining man-made wetlands; shall correct any unsuccessful wetland creation or exotic vegetation removal/maintenance, shall in the presence ora designated representative of the Collier County Natural Resources Department perform all required wetlands monitoring; and shall provide annual monitoring reports as needed to comply with the FI)EP and USACOE permits for submittal by the County to the appropriate regulator).' agencies, until the project is determined by the FDEP and the USACOE to be successful. C. Contractor shall chemically treat exotic vegetation both within and outside the [2. 16B 1 wetland areas with herbicide. Except for recurring exotic vegetation sprouting from active buried stumps and roots, chemical treatment shall be spray-applied on a minimum interval of once dvery three (3) months until the project is determined to be successfifl. Because there exists stumps and roots of Mclalcuca and Brazilian Pepper which survived thc contractor's previous attempt to eradicate exotic vegetation from the site, and because said stumps and room are a source of recurring exotic vegetation on the site, exotic vegetation sprouting from said stumps and roots shall not be sprayed with chemical treatment but rather shall be allowed to grow to a trunk diameter sufficient to receive chemical treatment to the freshly cut surface in a dosage appropriate to kill the stump and roots tn accordance with I~est management practices. Not less that eight (8) months from the chemical herbicide application dale. thc County will assess the effectiveness of the herbicide program in killing thc Melaleuca m}d Brazilian Pepper vegetation. In thc event that it is determined by the County that the Contractor's chemical treatment fails to completely eradicate Melaleuca and Brazilian Pepper stumps and roots vegetation. Contractor shall provide all services necessary of every kind to physically locate, excavate and remove the buried stumps and roots which are the source ofthe exotic vegetation regrowth until all active buried stumps and roots have been completely removed to the satisfaction of thc Public Works Administrator. Work to remove said stumps and roots shall be completed within ninety (90) days of the Contractor's receipt of,,witten notice from thc Count),, or thc Owner shall be entitled to assess, and the Contractor agrees to pay to the Owner, one-hundred-ti fry ($150.00) per da), as liquidated damages, for each day the Contractor fails to complete said v,'ork beyond the ninety (90) day period. In the alternative, at tile time of'one- hundred (100) days from the expiration of the ninety (90,} day period referenced above, the Contractor may pay to the Owner a lump sum amount of fifteen-thousand ($I 5.000.00), in exchange for the County's release ofany claim under this paragraph. An.,,' payments made under this provision shall be withdrawn from the escrow account required by and referenced in this 1999 Settlement Agreement That within thirty (30) days of the execution of this 1999 SETTI.F. MENT AGREEMENT and annually thereafter. THE GLADES. INC.. will deposit funds in a interest bearing escrow account held by attorney James H. Siesky, so as to establish funds sufficient to cover the costs of payment of subcontractor fees for exotic vegetation removal/maintenance, until such time as both the FDEP and tile USACOE determine that the exotic vegetation removal and eradication over the entire project has been successful in accordance with the applicable permit conditions, but at no time shall the principal amount of the escrow fund be less that fifteen-thousand ($15.000.00) dollars, exclusive of interest. 4 G. 1t. 1.6B The parties further agree that upon receipt of the written documentation required by paragraph 5.A.. the funds deposited in the above described escrow account and all accrued interest shall be delivered to THE GLADES. INC. I{owever, if the xwittcn documentation required by paragraph 5.A. is not secured before thc expiration of the permits, the principal and all accrued interest shall be delivered to the possession of COLLIER COUNTY. Thereafter, if the costs of securing the written documentation required by paragraph 5.A. exceed the amount of the escrowed funds and all accrued interest, COLLIER COUNTY shall have the remedy of speci tic performance of this 1999 SETTLEMENT AGREEMENT, and/or an)' other damages in a court of law. As a condition precedent.to the enforcement of its remedies under this 1999 SETTLEME'NT AGREEMENT. COLLIER COUNTY shall comply with the Wetlmad Operating Protocol contained, which is attached hereto as Exhibit "A." Further, COLLIER COUNTY shall maintain adequate records, consisting of not less than weekly measurements of pond water levels in order to show compliance with the aforementioned protocols. 6. Each part)' shall be responsible for payment of its own attorney's fees as associated with this project. 7. This 1999 SE'ITLEMENT AGREEMENT may be executed in any manner of counterparts which together shall constitute the agreement of the panics. 8. This 1999 SETTLEMENT AGREEMENT and the terms and provisions hereofshall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties'hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 9. Any amendment to this 1999 SETTLEMENT AGREEMENT shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Tt tE GLADES. INC.. and COLLIER COUNTY. Any amendment to the 1999 SE'ITI.EMENT AGREEMENT shall be binding upon on TI IE GLADES. INC.. and COI.I.IER COUN'FY. as soon as it has been executed by both panics. 10. Captions and section headings contained in this 1999 SETTLEMENT AGREEMENT are for convenience and reference only: in no way do they define, describe, extend or limit the scope or intent of the Agreement or any provisions hereof. 1 I. All terms and words used in this 1999 SET¥I.EMF_.NT ,\GREEMF. NT. regardless of the number and gender in which used, shall be deemed to include any other header or number as the context or thc use thereof may require. The term TIlE GLADES. INC., shall include all ofthe listed sellers or any one of them as the contex~t may require. 12. No waiver ofany provision ofthe 1999 SETTLEMENT AGREEMENT shall be effective unless it is in writing, signed by the party against ',,,'bom it is asserted, and any waiver of any provision of the 1999 SETI'LEMENT AGREEMENT shall be applicable to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to an)' other provision. 13. Ifany date specified in this 1999 SE'ITLEMENT AGREEMENT falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14. This 1999 SETTLEMENT AGREEMENT is governed and construed in accorda ncc with the laws of the State of Florida. 15. This 1999 SETTLEMENT AGREEMENT and the exhibits attached hereto contain the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this 1999 SETTLEMENT AGREEMENT or any such referenced Agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be 161t 10 of any force or effect unless made in '~witing and executed and dated by both TIlE GLADES. INC., .and COLLIER COUNTY. All parties agree that time is of the essence of this 1999 SETI'I. EMI£NT NT. 16. Upon acceptance of final payment made in accordance with the 1995 SETTLEMENT AGREEMENT it is luther agreed that COLLIER COUNTY shall finally and completely releases any and all claims which COLLIER COUNTY has had or may currently have against the Public Payment Bond identified as U2634950, said bond having been recorded at the I'ublic Records of Collier County at OR 2182, PG 1486 et seq. IN WITNESS WIIEREOF. thc parties hereto scl forth their hands and seals. AS TO PURCIIASERS: ATTEST: DWIGHT.B. BROCK, CLERK ". DWIGHT E. BROCK. ~ferk Attest a~ to'Ch~lr,~a'$ sf~atur~ onlj. THE BOARD OF COUNTY COMMISSIONERS OF ' COLLIER COUNTY, FLORIDA; 'AS 'TH~'"',.: GOVERNING BODY OF THE COLLIER WATER-SEWER DISTRICT BY: S. IVl AC ' KII:' / / an l 6B 10 Approved as to fom~ and legal Lawrence Samuel Pivacek. Esq je~ttorney For Collier County AS TO TIIE GLADES, INC.: DATED: CONNIE ttUBSCHMAN SAM:-~'BSCHMAN HARIkfSON HUBSCHMAN ALBERT HUBSCHMAN David C. WeigerTEsq. ~) Collier County Attorney WITNESS WITNESS ,. :-. '~ITNESS WITNESS ]: ~ "7"" /' /' ~ /,C WI ~ESS STATE OF FLORIDA 16B 10 COUNTY OF COLLIER I HEREBY CERTIFY that on this ,day before me. an ofl'iccr duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Samuel tlubschman, Connie Hubschman, Albert t lubschman, i larrison t lubschman and Tcryl Bcyrent 'known to me to be thc persons described in and who executed the foregoing 1999 SETFLEMENT AGREEMENT and acknowledged before me that the3' executed thc same. WITNESS my hand and official seal in the county and state last aforesaid this ~J_~ay of June. 1999. ... .~- .---- ./" / .~,'rAT~ OF FLORIDA J .... COMMIS610N NO. c~J MY COMMISSION EXP. OCT 14~_..~_~ · · (Print Commissmned N.ame~f Nolao Pubhcl Did l)~d Not 1,,."- Take An Oath Personally Known .../,~'ff)R Produced Identification __ Type ¢)f Iden,ficaho, Prt~luccd STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Samuel Hubschman, as President of The Glades, Inc., known to me to be the persons described in and who executed the foregoing 1999 SETTLEMENT AGREEMENT and acknowledged before me that they executed the same. WITNESS my hand and official seal in the count.,,' and state last aforesaid this // day of June, 1999. . Notary. Public- State ofj~rq'da Wanda Gaydos (Print Commissioned N, am~f Nota~ Public) Did Did Not g'" Take An Oath Personally Known _6.., _---~-Pr oduccd Identification T)pc Of Identification Produced C:\WpWIN60~WPIXJCS Mlfi(?GI.AD-AG7 9 '1'1115, AC;R[(F. M I:.NT m;i,tc and emcrcd into Ibis _:..- d,lv nl ..x...-_ ._. 1')')9. hy and among: thc \'illagcq of Nhmtcrcv Mastcr Assn¢i.ition, hlc. ;t Fhmda mq-lbr-pr;d]t cn~oration, wid~ of lice c ,~ Sm~thwcst Properly Management Corporati,m. 1044 ('aslul{o Drive. Suite 206. Xaplc'< Florida 341~)3: lhc ('oilit:r ('ounlv Sheriff. ;md; Ibc }l<~;~r,t (,1' ( '(~tITIIN' ('olllllliSSio~crs of (',,lhcr ('Otlllly. [:h~rlda. \VITN[!5,SI!TII. \VlII!RF..-\.S. ;ill streets an,t roads widlin Ihc Villaucs .1. ~ ;Itld (* ;irc prlv;du r,~;lds. Bol o',t. licd or ill;liillilJllCd hv ( 'oilier ( \\'JJJ:l".k.\h. tJic \'lll.ffTcs ,~1' Xhmtcrcv Maslcr :\s,.nc{almn. Ira'. a On,l~cr;mvc orgamzalion cmnp(~qcd of rcprcscnlalivcs from each o~ Xh,nlcrc,, COllUllUllllV chard, cd x~ ith lIl;lilllaillillg ;llld comroJlmg 1}~c prlvaltr slrccls wilhm I}10 SlIll(Ilx IMOII. h;5~ lCTldCrCd ;i Icucr rcqucsl dated .Iilnua~' ]5. l{xhihil "..~". h,r Ibc ('~dlicr ( 'olllllv Shcril'l-h> patrol said pr~x;~lc romlwavs ami cxcrc~sc V.'If}'{RF:\S..q, ecli,m 3 I (,.l~l(, {3) (hi. Florida .qt;llutcs. proviltcs lllat a L'(HIIIlV IH;l'.,' cr,:crclse HIrisdiclicm o',ct any privalc road or rnads Iocatt:d within Iht: unh~cnrporahed area v,'hhin ils hmmdarit:s if Ibc cmlmv ami p:ll'l.',' or parties ownin~ nr cnnlroilin~ such road ,~r roads prin.'ides, bv wrHtcn agreement approved by lhe governing hodv of' thc counlv fi',r cm~nty traflSc cc, nlral jurisdiction re'er the mad nr roads cncnmp:lssed hv such agreemcnl: and \\'III!RE..\S. lilt: (',dl'icr (' mnlv Sheriff has mnnllored Ir;d'6c on arm ahmg file priv;~tc ~trccts v. Hhirl thc Villages ,d' Monlcrcv Suhdwisim~ and cmd]rmcd an cnl;~rccmcnl nccd ;lll{J II;iS agreed lo pr,wide Iraffic COlllr~J CllJ}~r('ClllClll Ill lJlc ;irt;is rctlues~cd iscc fixh,hn "H"L arm \U{ ]Iii{ l'i..\.q. ('ol {icr (', ,un{5. lhrollgh ils Transponam,n I )cp;,rm~c,ll. has rcvicwcd and crmmmrncatcd \till{ iht \'iH;ICON {,f Morllcrcy Master ..Xssoc~alum. Inc., regarding signage arltl a rctluircd suhd~Vlsmn sigu lllallltelli~nce plan (sec Fxhibil "("' ;dlilcJlctJ hcrclo): aHlJ \VI t l!R l{..\5,, thc I~,,~ard ,,1'( 'ounlv ('ommissicmcrs has rc~ icx~ cd ll~csc rcqucsls and dctcrnlincs Ih;ll il is i11 thc. intcro. I ~J'lhc public hcallh, filliP. Iv ;llld ~,lCJt}lFc 1{1 CTIIL'[ Jlll,} ;Itl k'ltlldilrl',I/~, pr,~\ IdCd ht.'l'CJll. J]lt' j~ilI'Jlc'q ht:l'Ctr; il~Tk'tt ;1'; J',sJl4v.', - Ibc rc::!l;d'.:, am] ['x. Jfi]',ll~ '.:t;dc,.[ and rcfi:r,..:l',cc,t Ilcrcmah,~vc ;irc rcsta,'cd Ji,.'~cl~,, ;m(] arc mmic ;i parl of Ihl"; .,\,::rcc'nlClll ('oilier ('otlnly. bv its [h~ard of ('ounlv ('cmUlllS,,lol'~ClS,. Jl;l~, hereby determined ;md hcnccfimh (l~cs exercise luris(ticli(m ,wcr all privalc to;ILls J,~c:llcd kt iflun thc Villages ol' Monterey hnbdivtstmk Phases I. 2. 3. 4. < ;illd f~. {}tlrqll;ltlI hi lllls .'[~'rOOlllCllJ Ctllcrcd i111(~ pllrSll;lnl h) hccli{,n 3 Ir, fill(, t3) {hi. I'h~ida 5;I;lltllcs. I';irsu;ml h~ .~ct:li(m 31f,{ll;~, (3)(bi (2). I:h,rld;l Nlatulcs. thc ('oilier ('(H;IIIV Nhcril't' Jicrt. hv cxprcqsJy ~;u~c~ thc SI.IIHTiW~ rcquircnlcnl hca, inmos: id'lbo flexi ('i,LIlIIV 15seal % t';ll .ltld ;IgFCCS h, Iht.' cf'IL'clive d;llc Thc (.'oilier County .Sheriff shall include as part ~d' ils nnrmal dulics pntrnl ;tmt Cll~rcL'IllCllt OF [Iii COtltllV ;llld st~ltc tr;tl'l~c control cx~sletlc~ or th;il kJnntcrcv ~tlhdl~ isnu~ ['hu paltlcs rcco~nl.,'¢ that Ihe romlS within thc \'il]:~us ~tlhdJvifilOll ;irc ~10I pUi~Iic (('otlnly) to;iris. ;irc It(q ('olllHv-OWilCd. Ibc ruspcmsihilili~s for c~nslnlction, maJntcnanc¢ mid rep~dr, inclmJing ~i?;lgc ;II()llg thc roads do not ]c~aJl)' exist widl ;lild ;ire lint ]lCFChV conlractually imposed upon Collier ('ountv or thc ('oilier Shcri IT. (~. .%i~nag¢ maintenance, repair and adequacy nn ;md ;IJt~ll~ Iht totals ~v~thUl thc Vill;l~cs of Nh)nitre)' Suhdivismn. l'hascs I. 2. ~. 4. 5 and b ~s ~cco~mi/cd as ll~e rcspnnsihilily ~f lhc Jl~leO~vt~cr associalion ;md ,~r ~thcr private property intcrcstJs) ~¥ithin s:ml gul~divismn, aml a m;m~lcn;mce pro?r;m~ shall hc developed and mlhcrcd h~ hv the VillaFcs nf Xhmtcrcx' Xl.~tcr Assocnlli,m. Inc. pursu:mt h~ l~khihit "("'. ;Htachcd. I',~r thc purposes r,t' idcnI~fic;~lim'~ and ec,~er;iphlc spcci[icity. \'ilhl.u, cs ,q' Mnntcrcy Suhdivision is cnnlposc(I (ff- 'I hc Vilbt:es ~t' Nlontcrcv al %'n,~dhridgc [7nit I. depicted and described in l'l;tt l~(mk 15, p;~gcs'l()- 15 ~d' thc Puhlic Records of ('ollicr ('rarely. l:h,rid;c Thc Villages nf Xlmllcrcv at Wondhrid,,e I'nit ~ depicted ;md dcscrihcd in Plat Hook ]5. pages (,9-7~)of the Puhlic Records o['('~fllicr (',~Mrltv. l:l(,rid;t; Thc Villages of klnn~er%' at W~mdhridge ['nH 3. dcpiclcd and described m PJat l~mk 19. p;t~4es ~-il (~fthe Puhlic RuomJs ~,t'~',,llier ('mmtv. Fh~r~da: Thc Villa~cs of Xhmlcrcy at Wnndhr]d,zc l'nll 4, depicted and dcscr~hcd in PI;d IIo,,k 17, pages 77-79 ,ff thc Puhhc Records ,,f ('~llicr ('ounty F'lorida; 'I hc ViIlaucs hi' X1ontcrc¥ at Wo~,dhri~ ~c I~nit 5. depiclcd and dcscrihcd in Plat Book 17. pa~cs In4-1~ld ~ftl~c Puhlic Retools nf {'olticr ~'nunI>'. I:lorida; Thc Villm~cs of X1nlllCrcv al Woodh~idse I ;nit (~. depicted and dcscrihcd in Phd Hn~k 23, pages Z 1- 22 of thc Pnhlic Rccnnts of('ollier ('mini?. Fh~rida. '1 hc \'ill;I.UCs ~t' \hmtcrcy Xlaslcr ..\ssuci;dir, n, Inc.. hereby imtcrrmifics and hohts ('oilier County h;mnlcss and indemnifies Imlds d~c ('~dlicr ('rarely Sheriff hairless tbr ils nnn-ncgli~cnt acts, errors ,~r ~mfissim~s m prnvidin~ the exercise nf Ir;il'ftc control lurisdiclmn hereunder. Collier ('nllnt)' sh~dl he included ;is "addiliomfl msllrcd" on thc liability insur;incc imlicics hi' Ibc ~'ill;l~c~ ,~r x1~slcr ..~ssnciatinn. Inc. 'Ibis ..\~rccmenI re;iv onJv he" nlndif~ed IhmuL, h a ~r~tlcn (l~)clllllClll CXCCtlIOI ~llJl JJlc S;{nle f~Flll:IIJIv ;IS this ..~cr~crllUllI. JJ~lwcvcr, IJlig ..~rccmcnl m:w hc ~crnmi;dcd hv thc ~'nu~Iv hv thc mh~pli~m o[' a rcsnlutinn provi(lin~ fhr lcrmin;~tim~ at pHhlic ~CL~Iing ol'thc Board nf IN WITNESS WttEREOF, the panics hereto have cxcculcd this .,\grccmc~q. Board of CotllllV Commissim~crs having approved this Aurccmcnt thc ;~' day ~/. I ',9'~. ~ By: _ (torpor;Itc sc;d) Don I lunler Collier Counly Shcriff ATTEST: D\VIGIIT E, BROCK, Clerk Exhibit "A" SOUTHWEST PROPERTYco ^, o,. MANAGEMENT:. :, 10~4 CASIELLO DqlVE, SUITE 1206 NAPLES, FLora!DA 34103-1900 g41/2§1.34~] ,, FAX g41/2.5;-20~3 EMAIL: SWPlo;Mgt~ol COrn JanuaW 15,1999 Mr. Don Hunter, Sheriff Collier County' Government Complex Sheriff's Depamnent 3301 Tamiami Trail East Naples, Norida 34112 RE: Villages of Monterey Civil Infraction in Gated Communii¥ Dear Sheriff Hunter. Thg con:espondence Ls to reqJesl an agreement between the Villages of' Monterey, a Gated Communih.,, in ,North Naples, and the Collier County Sheriffs Department which would allow ~he Department to police the cornmuniN,., for traffic con~gl, i.e. '-,lx'eding, stop sign violations and other civil infractions. This agreement would be similar in nature to the existing agreement between the County and Imperial Golf Estates. At this point i have already been in contact with the County Allorncy. the Coun~ Administrator and I have appeared before the County Commission As pad of the final package, I need a letter fi'om you indicating that this agreemer, t ',vould be acceptable to you~ Depa:tment. Your -~ssistance in this matter would be greatly appreciated. If you have any questions or need additional information, please contact me at (941)261 3440. Both the Board of Directors and I would like to thank you in advance for your prompt attention. Sincerely, /Joe Gennaro Manager cc: Monterey Master Board of Director~ Exhibit "B" Teluphone (AC 941) 774-4434 Febnaary 25, 1999 Joe Germaro, Manalgcr Southwest Property Management Corp. 1044 Castcllo Drive, Suite #206 Naples, FL 34103-1900 RE: Villag~ of Monterey Dear Mr. C-ennaro: t have 3'our letter of danum-y 15, 1999 regarding the captioned matter. On bel,',df of the SherifFs Office, please under,at, and that this Ag~tc'y supporta >'our trnffic control efforts and ~4Jl join in the statutof, ly provided arrangement. Pl=ase feel free to for-ward or have forwarded the final package asid we will be pleased to join. DH:jab cc: File WE SUPPORT WE SPONSOR 'r H E F L O R I D A $ H E R I ~. F $ ¥ O U 1H R A N C H E ~ COLLIER COUNTY JR DE P U T Y LEAGUE COLLIER COUNTY E X P L O R E R POST ~' ~ 4 I N C Exhibit "C" COLLIER COLiNTY GOVERNMENT TRANSPORTATI()N D EPART.MENT &3~)l E. TA,"'.IIAMI ]'RAIl. NAI'LES. Iq. ~.~ 112 (9.11 ) 77.1.-.'4.~'); FAX (9.1 I) 7v 1-53'5 ,',.larch 3. 1009 Joe Gennaro. Vice President Southwest Property .Xlanagc:v, cnt Corporation 101! Castello Drive. Suite 206 Naples. Fi. 3-llO3 Re: \'illaues of 5. hmlercv Traffic Control Devices Dear *Ir. Gennaro: Tbanl.: xou f{,r pro,. ithnu a o?':' of Sheriff Iluntcr's l.cttcr azrcc~ng t,> part~c~palc in Ibc ~illagcs of Montcrcs' traffic c,mtrol cffo~. Per,mr ditcussion. [ ha\ c made a silo rezonn:dssance of the stree:s within the subdivision and I offer the fiqh,xt inu comnlcnls' There are STOP signs at all street intersection. They appear to be placed in substantial conformance Io the Manual On Uniform 'traffic ¢',~mlrol Devices (.ML:TCD). There are also several multi-v.'av STOP sign installations. Warrants for multi-v,'ay stops are also detailed in the .MI.'TCD: however, since we have no data with which to detem~inc tile need fi)r these nltilti-way stops and since they arc in place in a community with non-publicly maintained r, md~. we offer no objcctmn to their continued use. Wc nbsc~'cd several intersections that also have painted crosswalks. There arc no advance \yarning (WI 1-21 or crosswalk (WI 1A-2} signs in evidence. We suggest they he inslallcd as a potential liabilily preventative measure. There are nun~crous speed iimi~ signs throughout the cfmmmnity. On several streets (c.g.. Vcra Cruz Way. l.as Palmas Way. San Nligucl X~ as') they indicate a speed of fiftccn or txt cutv miles per hour (MI'It). Thc slatulorv (F.S. 316.189(2)(a)) speed in Florida on residential streets is 3~1 MPIt. Tids speed may be lowered to 25 NIP}t by the Board ofC'ountv ('{m~rnissloncrs. Based on thc acceptance of the subdivision plans and plat by lb0 B,~ard. ii i:~ reasonable to conclude that the Board of County ("oTnndssioncrs supports thc 25 MPIt posted speed. The fifteen and txvcntv MPtl poslcd speeds arc. most likely, tmcnforccahle. There is a speed limit sign (m Vcra Cruz Wav s,mlhbound that is complclcly obscured by vegetation. Joe Gcnnaro. Vice President ' March 3. 1999 Page 2 I'hcrc i:-; a STOP bar painted m thc street on Cord()ba ,,tav Idircctlv in frcmt of Lot II that should be removed and. ifrepainted, placed at the 5;TC)P sign rather than in front of tl~e rcsidcnce driveway. There is a hedg= located along the north side of San Vista ('re:lc tnonh eniD') lhal obscures thc sight line I~)r drivers exiting San Vista ('~rclc. It ~s impossible m sec ,mcomin~ waffle l'r,~;:: t}:c nord~ -n Nlission Drix c~ This hcdtfc sh~,uld bc trimmc,t The f~;-c..:c,m,.: c~,nmcms arc :nc:mt as guidance. [n general. ',ariatmns from thc uuidclincs in thc ?,II.'TCD are minor and should not create a hazard. Thc area i~ residential: thc ma?rity of thc molorisls nrc residents and arc quilt familiar ',,'ifi~ thc arc:i: conditions are such that a fat orable cnvironmenl exists for adcqualc driver not~cc and enforcement, except where noted in llcm 3 above. -i'hank ',.ou fi~r thc ,:)ppc, m:rm)' to cc, nmcnt on 5'our traffic control plan. Wc suggest thal a regular schedutc of sion and pavement marking maintenance b~: continued. If there arc RESOLUTION NO. 99 - ! 9 ~ 16C A RESOLUTION APPOINTING OFFICERS FOR THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC FOR 1999-2000 WHEREAS. on Ju~y 20. 1976 the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Exposition. Inc. were filed with the Secretary of State; and WHEREAS. the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Expos,tion. Inc provide that the officers of the Board of Directors. with the exception of the Immediate Past President. shall be appointed annually by the Board of County Commissioners. and WHEREAS, the Board of County Commissioners on March 15, 1988 adopted Resolution No 88-52 setting forlh the procedures for appointmenls to the Collier County Fair Board, and WHEREAS, pursuant to Resolution No. 88-52, the I',lominating Committee has submitted its list of recommended nominees, speofying recommended persons for particular positions to the Board of Directors NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the following individuals are hereby appointed as Ihe 1999-2000 officers for the Collier County Agricullural Fair and Exposihon, Inc Board of D~rectors: Terry Wolfson President Jim Mansberger Vice-President & Security Pat Cookson Secretary John Yonkosky Treasurer Taylor Baker Education Duane Wheeler Civic Toni Home Attorney Jo Selvia Agriculture This Resolution adopted th~s motion second and majority vote ·" day of _'Z .~.._, _ 1999, after ATTEST: DWIGHT E. BROCK. CLERK . ~,....,.r~. On~]. ', Approved as to form and legal sufficiency: ./ David C Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT"( FLORIDA BY: ' PAMELAS MAC'KIE. CHAIRWOMAN .L Collier County Government Crisis Response Team Agreement This Agreement made in Naples. Florida bv and bct'~ccn Riccardo I~, Rivas. Ph l) l' .,\ ("('ontractor"). and the Board of County ('ommissi,mers. on behalf of thc Department of F. mergcnc.¥ Management. i"('ount>") and supersedes any previous .,\grccment 1 The Conlractor agrees to provide educational services related to the devclopmcm. implementation and operation of the Crisis Respnnse team as follows A T,~ train and maintain a cadre of nltmtal heahh prol'essionals who art.' on call provMe post-disasler services to persons affccled by such disaslcr ..\11 services to persons affected by a natural or man-made disaslcr arc to be provided pro-bono /ravel expenses and per diem expenses arc usually provided by the rcqt,esting agency through FF. MA l'he Ctmtractor will meel monthly with Ihe Community Response Team C'onlinuing in-service training will he provided Minutes of these rattlings will be sent to the Director of Emergency Management D Thc Contractor ix not providing clinical scr,.'ice,; nor c',ah,ttirlg stJitahihtx ,q' ;trw mcntal hcahh pr d~'q~ional~ this prt,grarn Cost of Service A For above service,, thc ('ourllv shall pa)' Ibc Contractor $150 OI) per month B Additional services beyond thc scope oflhis contract n~ust be pre-authorized in v. riling by the Directnr ~d' [(mcrgcncy Management Respt:,nsibilily ot' ('oilier A B ..\dapt a policy supporling thc ('ommunitv Rc,,ponse Team To olli'r ot,r sen'ices l~ communilies within ('oilier (;ot,nly afl'ecled by disaster The ('~wmrmrfilv Rc'.;p,mse Tcam \,.ill l:d..c dircct,m fT'tm'~ the [)ireclo~ t~t' }!mergcncy Management Thc l)irccl,.' shall call thc ('tmtractot il' thc ('ontractt,r's scrx iccq arc I1Ucdcd 4 Duration and Renev,'al off A[zreement ]'he Agreement shall prevail for a period from April I. 1990 through March 3 I, 2000 The County shall have the option to renew tile Agreement lbr an additional three (3) years on a year-to -year basis provided the Contractor will maintain the same terms and conditions as in the current one-year Agreement. Continuation of tile Agreement beyond the initial period is a County prerogalive and not a right of the Contractor. This prerogative will be exercised only xvhcn st, ch contint,ation is determined by the Emergency Management Department to be in the best interest of the County. The Emergency Management Director shall notify the Contractor thirty (30) days prior to its expiration date to insure contmtmv of services 5. lmplen:entation April I. 1999 througt~ March 31, 2(fi)l)is the inclusive period of this .,\greemcnt 6 !nsurance. Riccardo B. Rivas. Ph.D., P.A. agrees to take and maintain, during the total term of the Agreement (including extensions), professional liability (Psychological Malpractice) insurance coverage in an amount not less than $1.000.000.00 combined single units Certificates of insurance meeting this requirement shall be forwarded to Collier County Risk Management Department Renewal certificates shall be sent to Collier Cot, nty.30 days prior to an)' expiration date There shall also be a 30 da), notification to Collier County Risk Management Department in the event of cancellation or modification of coverage. 7. Indemnification. Riccardo B. Rivas, Ph.D, P.A., his officers, his agents and his employees through the signing of this Agreement shall indemnity, hold harmless and defend the Florida Dcparlmcnt of Comnmnitv Afl'airs and ('oilier ('o~mtv. their agents anti employees i¥om all suits and actions, liability,, losses, altorn~,,'s IL'cs includinu appcilatc attorney's fees. and all costs of litiuatmn and juduments arisinu out of any act. om~ssmn or negligence incidental to performance of the Agreement This Agreement shall be administered on behalf of the ('ountv bv tile F. mcrgcncy Management Department. This Agreement is subject to annual bt,dgetary appropriations by the Board of('ounly Commissioners IN WITNESS WtlEREOF, the Contractor and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year noted below BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA ./ Pamela S, Mac'Kie, Chai~,oman [)ate C..ACTOR Ricc0.rdo B. Rivas Ph.D. P,A. ~ ; /' . f First Witness Type / p~nt witness nan~ ,~ Second Witness Type / print witness name Date Date DWIGHT E. BROCK, CLERK · ,~. ~ ~ t (~Pt~y ~r, ' ~ S}gn&t~r~ cml~. Approved as to form an, ri legal sufficiency: ~ ,~"x. [ t~-~'~t' Thomas P~lmer Assistant County Attorney II?IlO~HCl ~1 H,OO! *** 2463543 OR: 2536 PG: 0014 *** !1~ ~11 RESOLUTION NO. 99- 194 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS i.O0 I.O0 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of hens for the delinquent solid waste collection and disposal services special assessments for 1991: and WHEREAS. Resolut,on No 93-29. was recorded on February 1. 1993 in Official Record Book 1793. Pages 459 through 598 of the Official Records ct Collier County. Florida. which placed a lien on cedain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER couNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30. as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real properly pedaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairwoman ~s hereby authonzed to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 023304 This Resolution adopted this . '"" second and majority vote. .... day of 1999 after motion. ATTEST: DWIGHT E. BROCK, CLERK ~, /?/ ';,- $ tgngtur~ or, Ii. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: / ' / ' PAMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2463544 OR: 2536 PG: 0015 *** COHI$ !I! Property Folio No 26084520001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against Sherald O. Daniels 64 West Caldwell MT Juliet TN 37122-0000 The Lien was recorded on the 1" day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida The Lien secures the principal sum of One Hundred and Ninety-Nine Dollars and Fody-Four Cents ($199.44) plus accrued interest and penalties, if any. and imposes certain obligations against real properly situated in Collier County. Florida. described as follows: CHOKOLOSKEE 36 53 29 COMM SE CNR NEll4 SEC 36. N 578 20FT. N 84 DEG W 168 97FT. N 76 DEG W 408.94FT. S 84 DEG W Folio No. 26084520001 Project No. 60000 Account No. 023304 Collier County, a political subdivision of lhe State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida. Io acknowledge thal the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execuhon and recording of this Satisfaction of Lien. by action of the Board th,s .. '_.._......,,.~ day of / · 1999. ATTEST: DWIGHT E BROCK, Clerk Apprdved as to' form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S MAC'KIE CHAIRWOMAN !17 ?~tO *** 2463545 OR: 2536 PG: 0016 RESOLUTION NO. 99-~ t A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS. pursuant to Collier County Ordinance No 90-30. as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No 95-475 authorizing the recording of notices of hens for the delinquent solid waste collecbon and disposal serwces special assessments for 1994 and WHEREAS. Colher County Ordinance No 90-30. as amended, requires the Board to approve by Resolution and record in the Official Records a Sabsfacbon of Lien on all accounts that have been paid in full. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that pursuant to Cotlzer County Ordinance No 90-30, as amended, the Board recogmzes full payment and receip! of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounls numbered below, subsequent to the adopbon of Resolution No. 95-475, whereupon a hen had been recorded on real property pertaining to the accounts identified herein. The Sat~sfactior, s of Lien attached hereto referencing the accounts identified herein are hereby approved and t,~e Chairwoman is hereby authorized to s~gn on behalf of the Board of County Commissioners aqd the Clerk is directed to record this Resolution and these Satisfachons of Lien indiwdually m the official records of Collier County Account No 1203 Account No 1216 Account No 4174 Account No 5924 Account No 12344 Account No 17161 This Resolubon adopted this .'3' day of majority vote 1999 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK ~tr~d°¢;¢ ~'d form and legal sufficiency '"--7 -i'~--""7TM ' · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA BY ~.__j. I ' " ' * PAMELA S, MAC KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 *** 2463546 OR: 2536 PG: 0017 *** l.OO IITI~OUICl lit Pro~:erty Foho No: 00120840205 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Teresa A Martmez 312 Weeks Terr lrnmokalee FL 33934 The Lien was recorded on the 14~' day of September, 1995. in Offic:al Record Book 2099. Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Flonda. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as follows: 3 47 29 BEG AT NE CNR OF SEl/4 OF SEl/4 OF SWl/4, N 356FT FOR POB. N 60FT. W 136.46FT, S 60FT. E 136.40FT TO POB OR 1419 PG 1173- 74 Folio No. 00120840205 Project No. 64000 Account. No. 1203 Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancets Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County. Florida. acting through its Chairman. directs execution and recording of this Satisfac.t[on of Lien, by action of the Board this ~,' day of ~ '/.._.~.~~. 1999 A'Iq'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORID.A . , ,,, _ . . . / / :, - ' By ~ / ' - ,. ,A~:,e,t a'~ to Chafr'-~n',; PAMELA S. MAC'KIE. CHAIRWOMAN ,~pproveo as 16 form and legal sufficiency ~( ~-_ .., This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463547 OR: 2536 PG: 0018 *** COtIl$ l.OO CLIE[ !0 ?~l EOAED II,,,O,,I¢, 4" 'L001F1 ~') ~"~' 3 ii? Property Folio No: 00120841000 SATISFACTION O~F LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Teresa Ann Martinez 746 Conning Tower Unit B.2 Naples FL 33962 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 3 47 29 BEG AT NE CNR OF SE 1/4 OF SE 1/4 OF SW 1/4, N 296 FT TO PO8, N 60 FT, W 136.46 FT, S 60 FT, E 136.40 FT TO POB, OR 1761 PG 2143 Folio No. 00120841000 Project No. 64000 Account No. 1216 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ..~'~ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk , / / .:' Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE. CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463548 OR: 2536 PG: 0019 *** ¢0M15 1.0~ Property Folio No: 24472080003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Pam Liebert 161 1ST Street Bonita Springs FL 33923 The Lien was recorded on the 14= day of September, 1995. in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 1 BLK 2 LOT 21 OR 1475 PG 112 Folio No, 24472080003 Project,No. 64000 Account No. 4174 Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in furl satisfaction of the Lien and hereby cancels Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN W1TNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this~Satisfaction of Lien, by action of the Board this day of .. /_',,, . 1999. / ATTEST: DWIGHT E. BROCK. Clerk .,7? . ,z - .Z'"'~4'-/_'~//;'~ .... ---,"~--';~ '. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER'~'_,OUNTY. FLORIDA This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463549 OR,: 2536 pG: 0020 *** Itt~: Property Folio No: 30731960007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Jorge V=& Daisy Jimenez 1414 N Apple St Immokalee FL 33934 The Lien was recorded on the 14"' day of September, 19950 in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Six Dollars and Seventy-Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations againsl real property situated in Collier County, Florida. described as follows: EDEN PARK 1ST ADD BLK 10 LOT 12 OR 2003 PG 486 FDhD No 30731960007 Project No. 64000 Account No. 5924 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier Courtly, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board ,of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this "' __ day of ~ . ___, 1999. ATTEST: DWIGHT E. BROCK, Clerk Attest ~ to ¢l',atrma~'s I:rprovea a°~ t&'form and legal su~ciency BOARD OF COUNTY COMMISSIONE, RS COLLIER COUNTY. FLORIDA By PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463550 OR: 2536 PG: 0021 *** O¢/tt/H~! i~ O~:OOAN D¥~GRT I. ~OCi, ~LII[ lie fSI t. OO ¢0H15 ~. I.OQ IXf Property Folio No: 37981880008 SATISFACTION OF LiEN KNOWALL MEN BY THESE PRESENT: That lhe BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Richard L=& Brenda V Silvers 3325 17th Ave SW Naples FL 33964 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099. Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows' GOLDEN GATE EST UNIT 27 E 75FT OF W 150FT OF TR 25 OR 902 PG 1913 Folio No. 37981880008 Project No. 64000 Account No. 12344 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist, IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by action of the Board this /-Y day of , 1999. AT-I'EST: DWIGHT E. BROCK, Clerk ~l~;dgl~d-'a Ib.rto form and legal su~ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,PAMELA S: MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463551 OR: 2536 PG: 0022 *** ~IC FI! t. OG lit 7210 Property Folio No: 53751640009 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Christopher=& Maria C Collins 4400 Lakewood Blvd Naples FL 33962 The Lien was recorded on the 14" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Coflier County, Florida, described as follows: LAKEWOOD UNIT 1 BLK I LOT 1 OR 1530 PG 1953 Folio No. 53751640009 Project No. 64000 Account No. 17161 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ? '/ day of ~'- --, .1999. ATTEST: DWIGHT E. BROCK, Clerk and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, . By ______Z__~/ ~ PAMELA S. MAC'KIE, CHAIRWOMAN *** 2463552 OR: 2536 PG: 0023 *** RESOLUTION NO. 99- 196 HC HI COMIS 1,00 A RESOLUTION APPROVING SATISF~ OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS pursuant to Coil,er County Ordinance No. 90-30. as amended, the Board of County Commissioners on September 20. 1994 adopted Resolution No 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal serv:ces special assessments for 1993: and WHEREAS. Collier County Ordinance No. 90-30. as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that pursuant to Collier County Ordinance No. 90-30, as amended, the 8oard recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequenl to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified here,n are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners. and the Clerk is directed to record th~s Resolution and these Satisfactions of Lien individually in the official records o1' Collier County: Account No. 1054 Account No. 10977 Account No. 21458 This Resolution adopted th,s ~ day of ~. 1999 after motion, second and majority vote. A]-I'EST: DWIGHT E BROCK. CLERK · ~ fgnatur, o~17' Approved as to form and legal suff~ency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: ___,. / ' / , PAMELA S. MAC'KIE. CHAIRWOMAN This instrument Prepared by: David C. Weigel County Attorney Office or' the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00099160003 *** 2463553 OR: 2536 PG: 0024 *** IICORDID tn OUKZAL RECORDS o! COtLlll ¢0~11~, FL IlC FSI t,O0 t. O0 Seth: CLUI T0 T~I aoAPO SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against. Constant Care Lawns Inc. 1139 E Spruce St STE A Tarpon Sl:)gs FL 34689 The Lien was recorded on the 22nd day of September, 1994. fn Official Record Book 1987, Pages 1514 through 1749. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certasn obligations against real property situated in Collier County, Florida, described as follows: 23 47 27 E1/2 OF SE1/4 OF NE1/4 OF NWl/4. LESS N 30F'I' + E 50FT RAN4,0$ AC OR 1442 PG 1262 Folio No. 00099160003 Project No. 63000 Account No. 1054 Collier County a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full sahsfaction of the ben and hereby cancels Lien The Clerk of the Circuit Court is hereby directed to record th~s Satisfaction of Lien in the offmial Records of Collier County, Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien. by action of the Board this ~ day of ~, 1999. ATTEST: DWIGHT E. 8ROCK, Clerk . 2 ,. .-2-- ' ) ...~ App~'~v~ ~ ~ tram and legal sufficiency BOARD OF ~.OUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By PAMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36379800002 *** 2463554 OR: 2536 PG: 0025 *** C0~[lJ I.O0 ie%n: SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Franco=& Adelita Garcia 1330 B S Alhambra Cir Naples FL 33940 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 PART 1 BLK 214 LOT 13 OR 1593 PG 319 Folio No. 36379800002 Project No. 63000 Account No. 10977 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commtss~oners of Collier County, Florida. acting through tts Chairwoman, directs execution and re, cording of lh~s Satisfaction of Lien, by action of the Board this/-¢day of ~. 1999. ATTEST: DW1GHT E BROCK. Clerk end legal su~c~ency ' BOARD OF COUNTY COMMISSIONERS COLLIE~ COUNTY. FLORIDA By: ' / / . , .._.r P, AMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 {941) 774-8400 Property Folio No. 62043410006 *** 2463555 OR:' 2536 ?G: 0026 *** llCOIDI~ ~n O~HClA~ I1¢0105 Of CO~III ¢0~rl3, ~ 01/lt/11~! ~t 0~:00~ O~Z61ff I. ~iOC[, CLII[ IlO ~!! COHlS 1.00 Itrl"'O"ICl '" '~00~1 II? 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Eduardo Carbellea Vera Condomina 5240 Collins Court' Naples FL 339620000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents (100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR #1 BLK 6 LOT 30 OR 1523 PG 282 Folio No 62043410006 Project No. 63000 Account No. 21458 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida. acting through its Chairwoman. directs exe..,cution and recording,of this Satisfaction of Lien, by action of the Board this ~ day of ~_, 1999. ATTEST: DWIGHT E. BROCK, Clerk / ~t¢.xL ,~ to,;?:: t.,.~r~~'- and legal su~ciency BOARD OF COUNTY COMMISSIONERS/'" COLLIER; GOUN?Y,: . . FLO.,RIDA. , , , ' / ~ ' / / I ,' , : "'""" · By:__._.__~/ ~ ~ L L P,AMELA S. MAC'KIE. CHAIRWOMAN 16.0 Agreement It: 98-LM-4H-0921-01-0 i I MODIFICATION # 2 TO CONTRACTUAL SERVICES AGREEMENI WHEREAS, Collier County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for the purpose of preparation and development of kocal Mitigation Strategies and pre-identification and prioritization of i lazard Mitigation Grant Program projects to become a part of the Statev,'ide Hazard Mitigation Strategy; and x,~,3IEREAS, based upon the delay in the Department's provision of The Arbiter of Storms (TAOS) computer modeling data to the Contractor. the partics desire to modify said Agreement to revise the third period deliverable duc dates. NOW. T}IEREFORE. the above-referenced agreement is modified as follows: In Attachment A. all references to ~ deliverable duc dates are hereby amended to reflect that thc temps ofthe Third Contract Period commence on thc date of execution and terminate August 31, 1999. In Attachment A, Items A.I .a and A.I .b of the ~ are amended to reflect that the Department will provide these items to the Contractor by April 30, ! 999. All other provisions of the Agreement not inconsistent ',,,'ith this Modification ti2 remain in full force and effect. 5" IN WITNESS WtIEREOF. the parties hereto have cat,sed this Moditication//2 to be executed by their du~y authorized officials as of thc date below. FOR TIlE COUNTY: COLLIER COUNTY "" BY: "/ //7 / , Authorized County Official Pamela S Mac'Kie. Chainvoman n o a ~ty__C.9~~ Name/Title Date: FOR TI IE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNI'I'Y AFFAIRS: , Authorized Department Official ~lx~ras A. Pierce,Actin'g Director lousing_& Communit~pment Name/Title Date ......_.~__'./t 'q~ 59-6000558 Federal Employer ID Number DWIGtlT E. BROCK. CLERK Approved as to Form and Legal Sufficiency Thomas C Pahner Assistant Counly Atlorney Catalog of Federal Domestic Assistance Nunff~er This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463556 OR: 2536 PG: 0027 *** ilCOtOID in OFFf¢IAL il¢O~DS of ¢OLMI! CO011'T, FL Of/It/liS! aL Ot:OOAS D¥1GIIT I. BlO¢l, CLIII COPII$ 1.01 tern: CLIRI TO fSI BOARD ii! 7240 Property Folio No. 56879360006 SATISFACTION OF LIEN KNOWALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mada Luisa Lutteroth c/o Salvador Lutteroth Post Office Box 1375 San Ysidro. California 92073 The Lien was recorded on November 30, 1992 in Official Record Book 1774, page 1005. in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated ~n Collier County, Florida. described as follows: LOT 26. BLOCK 109 OF MARCO BEACH, UNIT THREE,A SUBDIVISION Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of lhe Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Sahsfachon of Lien ~n the Official Records of Collier County. Florida to acknowledge that the Lien ceases to e×~st IN WITNESS WHEREOF. the Board of County Commissioners of Coil,er County, Florida, acting through its Chainvoman, directs execution a0d recording of th~s Sat~sfachon of Lien, by action of the Board this ~ day of _~..~,~L.~_C~ . 1999 ATTEST: DWIGHT E. BROCK, Clerk · s~gnacvre pnJ~. f~oproveo as Io tcrri'~ and legal sufficiency BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA By. PAMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 *** 2463557 OR: 2536 PG: 0028 *** II¢OIDID in O~H¢I~ HCOID$ of ~O~LII! CO~ll?f, ~L HC HI &.O0 COPII$ ,l?Ii?'lO?!tC112,0 (?BFLO0' 16 ~'~7 Property Foho No 56879360006 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That lhe BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain ben against Maria Luisa Lutteroth CIO Salvador Lutteroth P O Box 1375 San Ysidro. CA 92073 The Lien was recorded on April 8. 1991 in Official Record Book 001605, page 000920. in the Office of the Clerk of the Circuit Court of Collier County. Stale of Florida The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00). plus accrued interest and penalties, if any. and ~mposes certain obligations against real property situated ,n Colher County. Florida, described as follows: LOT 26. BLOCK 109 OF MARCO BEACH UNIT THREE. A SUBDIVISION Collier County, a pohtical 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 C~rcuit Court is hereby directed to record this Sahsfaction of ben in the Official Records of Colher County, Florida, to acknowledge that the ben ceases to ex~st IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, achng through tls Chairwoman. directs execuJ, ion a0d. recordmg of this Satisfacbon of Lmn, by action of the Board this ~ day of ____.~'.. /, , 1999 ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA App~ ~ t6 and legal su~ciency 8y PAMELA ~' ~ CHAIR'WOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiam~ Tra~l Naples. Florida 34112 (941 ) 774-8400 *** 2463558 OR: 2536 PG: 0029 *** 1.00 Properly Fotio No 57740520000 SATISFACTION OF LIEN KNOWALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a cedain L~en against: Leonard J Bubri & Nicholas Karalis P O Box 142 Lima. PA 19037 The Lien was recorded on October 2, 1998 in Official Record Book 2466. page 2944. in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($24500), plus accrued interest and penalties, if any. and ~mposes certain obhgations against real property situated in Collier County. Florida, descnbed as follows: LOT 15, BLOCK 283 OF MARCO BEACH UNIT EIGHT. A SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Sat~sfaChon of L~en in the Official Records of Collier County, Florida. to acknowledge that lhe Lien ceases to ex~st IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs exec~ution arid ~- ~" recording of this Satisfaction of Lien, by action of the Board this day of · 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved' as to form and legal sufficiency This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2463559 OR: 2536 PG: 0030 *** !1¢ ~ll COMIS Property Folio No 57740520000 · SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard J Bubri Nicholas Karalis P O Box 142 Lima. PA 19037 The Lien was recorded on September 16, 1996 in Official Record Book 2228, page 2114, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien socures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 15. BLOCK 283 OF MARCO BEACH UNIT EIGHT. A SUBDIVISION Collier County. a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk. of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution an~l recording of this Satisfaction of Lien. by action of the Board this ~ day of ~ 1999 / ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA ? ! At'proved as to form and legal sufficiency PAUELA S MAC'KI~__, C~tlAI~/V~I"~N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2463560 OR: 2536 PG: 0031 *** 04/I~11SS! ~t OS:OOH DVI~T I. BROCK, CLIlK lie HI (aHI$ 1.00 let,: (HIK TO II? Property Folio No. 57646080000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against · Chester Augustine ET UX 2819 N Moody Ave Chicago. 'IL 60634 The Lien was recorded on July 27, 1998 in Official Record Book 2444. page 2426, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Dollars ($300.00), plus accrued interest and penalties if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 9 BLOCK 178 OF MARCO BEACH UNIT SEVEN. A SUBDIVISION Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Den and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien ~n the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwor'can. directs execution and recording of this Satisfaction of Lien. by action of the Board this ;/%/ day of ~ . 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By. PAMELA S. MAC'KIE. CHAIF~OIVI~N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463561 OR: 2536 PG: 0032 *** ~ICOi~IO 1~ OtHCIk$ IiCOEO$ o[ COL[I!! COOl?l, [[ CORII$ 1.00 le[n: C~,,[ ?0 11t1 80A~ O~L ~) i"..-~ ii Property Folio No. 56937000004 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against Dalanda McAuley 1740 NW 36th CT Ft. Lauderdale, FL 33309 The Lien was recorded on September 4, 1998 in Official Record Book 2458 page 1428, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($24500), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated m Collier County, Florida. described as follows' LOT 1, BLOCK 121, MARCO BEACH UNIT FOUR, A SUBDIVISION Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Court is hereby directed to record this Satisfaction of ben in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS V~HEREOF, the Board of County Commissioners of Collier County, Florida, acting thrcugh its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board th s ~ day of ~" 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS. DWIGHT E BROCK, Clerk COLLIER COUNTY. FLORIDA and legal sufficiency PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463562 OR: 2536 PG: 0033 *** [ICOlOl~ ia O~I¢I~& IiCOID$ O[ CO~lll CO~I~I, [~ ¢0M15 l.OO Seth: I~l,0,,I¢l ,,,,,00R li~. Property Folio No. 57740520000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY. FLORIDA was the owner and hclder of a certain Lien against Leonard J Bubn Nicholas Karalis P O Box 142 Lima. PA 19037 The Lien was recorded on December 30, 1996 in Official Record Book 2266, page 0180, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida The Lien secures the principal sum of Two Hundred and FodyoFive Dollars ($245.00), plus accrued interest and penalties, if any, and ~mposes cedain obligations against real property situated in Collier County, Florida. described as follows' LOT 15, BLOCK 283 OF MARCO BEACH UNIT EIGHT A SUBDIVISION Collier County. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution, and recording of this Satisfaction of Lien, by action of the Board th~s ~ day of ..~.~.~~ __, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA and legal sufficiency By: ~N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463563 OR: 2536 PG: 0034 *** ilCO~ID la OHICl~S IlCOID$ o[ CO[LIII CO~I, 1[ COHIJ !.00 ,eta: ~, ~ ~'~ ~ ' i !I? 1240 Property Folio No. 64261720000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF C~)UNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a cedain Lien against: Vane EST, Irene P Sockalowski % Renetta Spence P O Box 9821 Naples, FL 34101 The Lien was recorded on November 9. 1998 in Official Record Book 2478, page 3090, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of Two Hundred Sixty-Seven Dollars and Fifty Cents ($267.50), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 18 AND THE WEST ONE-HALF (Wl/2) OF LOT 19, BLOCK E, NORTH NAPLES HIGHLANDS, WITH ALL IMPROVEMENTS THEREON INCLUDING A 40 FOOT TV TOWER, GAS SPACE HEATER, HOT WATER HEATER AND ELECTRIC RANGE. Collier County, a political subdivision of lhe 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, acting through its Chairwoman, directs execu~on a0d/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 / Approved as to form and legal sufficiency By: PAMELA S MAC'KIE, CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2463564 OR: 2536 PG: 0035 *** IiC fil COPIES 1.00 iemn: Property Folio No. 56792000003 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gary L & Nancy C Seward 830 Bebout Venetia. PA 15367 The Lien was recorded on December 11. 1998 in Official Record Book 2490, page 2380, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: LOT 17, BLOCK 50, MARCO BEACH. UNIT TWO, A SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution an¢' recording of this Satisfaction of Lien, by action of the Board this ~ day of ~' - ' , 1999. A'FI'EST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA Al:f~ve3za s tO'f~i'm and legal sufficiency This instrument prepared by: Heidi Fo Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463565 OR: 2536 PG: 0036 *** 11¢011)10 In OFFICIAL IUCO~S o! COLLIll coor~'f, FL 0411~/I~S1 at. Ot:O0~ HI~ I. BiOC[, ~ER[ ~C FIi 6.00 ¢OHIS 1.00 C[II[ ?0 f~ 60AD · Property Folio No. 36306040000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David A Eldridge 15618 44th St So Seattle, WA 98188 The Lien was recorded on March 16, 1995 in Official Record Book 2039, page 1175, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Colfier County, Flodda, described as follows: LOTS 25 BLOCK 189 UNIT 6 PART - GOLDEN GATE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its ChainNorr).an. directs execution ar)d ~cording of this Satisfaction of Lien, by action of the Board this ~ day of ~___....~..z.~._~/' ~ 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ' ;i/ /~o~5;oV~a ~'s't6 ~tm and legal su~ciency This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463566 OR: 2536 PG: 0037 *** IICOIDID in O~I¢IAL ~1¢0~D$ O[ ¢OLLlli COg]ITT, fL Ol/l~/It~! it 0~:00~ O~l~? I. BlO¢[, CLIH IlO fil COHIS l,OO leto: ' I Property Folio No. 36306040000 SATISFACTION ~ LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: David A Eldridge f5618 44th St So Seattle. WA 98188 The Lien was recorded on April 21, 1995 in Official Record Book 2051. page 1173. in the Office of the Clerk of the Circuit Court of Collier County. State of Flodda. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 25 BLOCK 189 UNIT 6 PART--GOLDEN GATE Collier County, a political subdivision of Ihe State of Flodda, 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, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County' Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of /' / ~, 1999 ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA Approved as to form and legal sufficiency By: This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 246356? OR: 2536 PG: 0038 *** 04ItI/11~! it 01:00~ DWIGHT I. ~ROC[, CLII[ COPIBS !,00 CLI~ TO ~1 BOARD ~ lit 7210 Property Folio No. 36306040.000 ATISFACTI N OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leonard Wisniewski 2630 NE 35th Ave Naples. FL 33964 The Lien was recorded on September 16, 1996 in Official Record Book 2228, page 2108, in the Office of the Clerk of the Circuit Courl of Collier County, State of Florida. The Lien secures the principa~ sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County. Flodda, described as follows: GOLDEN GATE UNIT 6 BLK 189 LOT 25 COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien The Clerk of the Circuit Coud is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida, to acknowledge that the Lien ceases to exist IN WITNESS WHEREOF, the Board of County Commissioners of Colher County. Florida, acting through its Chairwoman. directs execution and re.cording of this Satisfaction of Lien, by action of the Board this ~ day of ~ , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: PAMELA~ ~~N This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2463568 OR: 2536 PG: 0039 *** UC01J)ID ia 0~IClIL IlC01D$ 0f C0L~Ill C0~ITT, ~L iiC Fl! 6.00 l.O0 IX? Property Folio No. 55700080003 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: larussi ET UX, Guy J 911 Canyon View Road Apt. 212 Sagamore Hills, OH 44067 The Lien was recorded on June 22, 1998 in Official Record Book 2432. page 2532, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Ninety Dollars {$290.00). plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. described as follows: ALL OF LINDA PARK. EXCEPT LOTS 38.39, 40, 42, 43, AND 44. A SUBDIVISION OF LOT 51 OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, LESS STATE ROAD RIGHT-OF- WAY Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS VVHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of__/"" · '/ ~~, 1999 / ATTEST: BOARD OF COUNTY COMMISSIONERS. DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency By: PAMELA S MAC'KIE. CHAIRWOMAN This instrument prepared by: tleidi F. Ashton Assistant County AtlOrney Office of thc County Attorney 3301 f:'ast Tamiami 'Frail Naples. Florida 34112 (941) 774-8400 *** 2463569 OR: 2536 PG: 0040 ***'::I &.O0 1.00 '~ Property Folio No. 57648760001 SATISFACTION OF LII..'N KNOW AI,l, MF, N BY TILES PRESENTS: That the BOARD OF CC)lINTY COMMISSIOF, RS OF COI,LIER COUNTY. FLORIDA was the owner and holder ora certain l,ien against: Andi Pearson and ' Carol Irving 5226 Don Plo Drive Woodlandstlills. CA 91364 The I,icn was recorded on June 3. 1991 in Official Rccord Book 001620. page 0f)1847. in thc Office of thc Clerk of the Circuit Cour~ of Collier County. State of Florida. The Lien secures thc principal sum of Two t lundred and Ninety Dollars ($290.00). plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Fh,kla. described as follows: I,OT 6. BI,O('K 184. OF MARC¢) I~,F,A('II [INIT SEVEN. A SIJBDIVISION Collier C,unty. a p, Jitical subdivisi.n of thc State of Florida. hereby ackn(w;Icdges receipt of payment in full satisfaction of the l,icn and hereby cancels the l,icn. The Clerk of the Circuit Court is hereby directed t, record this Satisfaction .f l,icn in the Official Records of Collier Count,,,'. Florida. to acknowledge that thc Lien ceases to exist. IN WITNESS WilEREOF. tt~e Board of County Commissioners of Collier County, Florida. acting through its Chairxvoman. directs execuJJon and/ecording of this Satisfaction of Lien. by action of the Board this _~.~__ day of~ . 1999. A'VFES'F: BOARD OF C()UNTY COMMISSIONERS. DWIGtl l- F,'. BROCK. Clerk COI,klER COl iN'FY. FI,ORiDA A ~'l;rovec~ and legal sufficiency By: PAMEI,A S. MAC' KI E. CI IAIRWOMAN *** 2463570 OR: 2536 PG: 0041 *** RESOLUTION NO. 99 - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier Counw Ordinance NO. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Chat pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board Of County Commissioners, and the Cleric is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account NO. 107259 This Resolution adopted this~ day of ' / · / --~/_~__:z_~ '_Z__, 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Jgn/ture ~1~. - A~proveU as to form ~legal suffl~encv: ... CounW Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA // BY: PAMELA S. MAC'KIE , CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples. Flodda 34112 (941) 774- 8400 Property Folio No. 61945720002 *** 2463571 OR: 2536 PG: 0042 *** ItlCOl~lO tn O?flClXL RICOItD$ o! COLLII! COUFrY, IL IIC rll COPIIS 1.00 ,,,,: IllTll0trICl ill ~LOOR SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Cheryl R Simmons TR 7045 Bottlebrush Ln Naples FL 33999 The Lien was recorded on the 19~ day of September, 1994, in Official Record Book 1986. Pages 766 through 942. in the Office of the Clerk of the Circuit Coud of Collier County, State of Flodda The Lien secures the principal sum of Three Hundred and Two Dollars and Twenty-Two Cents ($302.22) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: N I C L F 22 49 25 BEG E 2155FT OF SWCOR OF LOT 69. E 90FT FOR POB THENCE E 80FT, N 149FT. SW LY 87.48FT, S 108 22FT TO POB OR 1498 PG Folio No. 61945720002 Project No. 61000 Account No. 107259 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of' this Satisfa~ion ~ L. ien. by action of the Board this ~ day of 1999. ATTEST: BOARD Of COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk. COLLIER COUNTY. FLORIDA · '/ " ' '"¢ By: __ ,__ :~ ~/"~'~'/' ,. PAMELA S. MAC'KIE. CHAIRWOMAN t,'~l~a~PSd~'~ Id form and legal sufficiency lttn: *** 2463572 OR: 2536 PG: 0043 *** llCOIDID la the Of~ICIJ~L IICOIDI Of COLHII coorrY, rL COPIIS 1.00 RESOLUTION NO. gg-_Lg.8 I ~ ~9 'I A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULl. THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994: and WHEREAS. Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chair~voman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually ~n the official records of Collier County Account No. 9548 Account No, 20365 Account No 21115 This Resolution adopted this .' ' day of _.~¢~L~_~. 1999 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , / ? ,'_ / l r, By:----Z / ~AMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463573 OR: 2536 PG: 0044 *** IICOlOIO il OFFICIAL IICO~S o[ COLLII! COUITI, FL COMBS l.OO CLIR[,O?~I~OA~ I 6 ~9 ~I! Property Folio No: 36379800002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Franco=& Adelita Garcia 1330-B S Alhambra Cir Naples FL 33940 The Lien was recorded on the 14'" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents (S104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 214 LOT 13 OR 1593 PG 319 Folio No. 36379800002 Project No. 64000 Account No. 9548 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of lhe Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of t.~h~ Satisfaction of Lien, by action of the Board this .:.~.:; day of ~..~c~c~_~__. 1999 ATTEST: DWIGHT ~ BROCK, Clerk S (?~t:'re - .. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~ ,. ,,' ') / ,f,' .. By ,/ / . - · "PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Atlorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2463574 OR: 2536 PG: 0045 *** Il/It/lilt it 0t:01~ ~l[t;lt/i. ll0Cl, CLIil ~lC Ill S,00 1.10 Property Folio No: 62043410006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Eduardo Carbellea Vera Condomina 5240 Collins Court Naples FL 33962 The Lien was recorded on the 14" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Coud of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes cedain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR//1 BLK 6 LOT 30 OR 1523 PG 282 Folio No. 62043410006 Project No. 64000 Account No. 20365 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this~Satisfac.tio/~ of Lien, by action of the Board this ~ day of ~_ / ~_~,~,f~..~/;, _, 1999. ' ATTEST: DWIGHT E. BROCK, Clerk, ,,,~ ,,'/ $ t~Trdatur ~ only. Approved as to form and legal sufficiency .) BOARD OF COUNTY COMMISSIONER'S COLLIER COUNTY, FLORIDA ,. / // / / By PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 *** 2463575 OR: 2536 PG: 0046 *** 0~/1~/I~ aL 0~:00~ O~[~8T I. HOC[, CLIH COHI~ 1.oo ~etn: CLIlI,O,~IBOA~O i~ ii9 ' i Property Folio No: 62251360003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a cedain Lien against: ' Felix Lerch Family Trust 2669 Davis Blvd Ste 101 Naples FL 33962 The Lien was recorded on the 14'' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents (S104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 3 LOT 3 OR 1637 PG 1911 Folio No. 62251360003 Project No. 64000 Account No. 21115 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of th~/_atisfac..tign. ,.. of Lien, by action of the Board this ~___/~' day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk Signature on17. Approved as to form ~ ~~ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By x . , · PAMELA S. MAC'KIE, CHAIRWOMAN I!, 16 CONTRACT BETWEEN COLLIER COUNTY ANI) SOUTIIWEST FLORIDA REGIONAL PI,ANNIN¢; COUNCIIJ FOR I.OCAI, ~IITIGATION STRATEGY (I,MS) I IAZARI) VULNERABII.ITY AND CRITICAL FACII,ITIES MAPPING On April 28. 1998, Collier County entered into an agreement with the Florida Department of Community Affairs for the development of a Local Mitigation Strategy fi~r Collier County and its municipalities, A vital task in the Scope of Work is the mapping of critical facilities within Collier County and the identification of areas of vulnerability, This work mtsst be completed prior to July 31. 1999 in order to submit all work products to the Department of Community Affairs by August 3 I. 1999. This contract between Collier County and the Southwest Florida Regional Planning Council authorizes the Council staff to assist Collier County in its responsibilities for the development and completion of hazard vulnerabilily and critical facilities mapping necessary to met the County's l.ocal Mitigation Strategy (I.NIS) contract requirements between the County and the Department of Community Affairs (DCA). .(_'pu0_cjl_Rcsponsib I t es ('omplele the fidlowing tasks l.ocale all critical facilities in GIS format (including latitude and Iongitttde coordinates) Pr,wide lhe fifllov,'ing back and white n:ap~ bv Collier Counly l'lanning Zones: a maps shov.,ing the 100-year floodplain. b. maps showing the Tropical Storm through Category 3 llurricane Storm Surge Zones, c maps showing the Coastal Construction Control Line (CCCL), d maps showing all critical facilities using appropriate symbols to identify theses facilities 16 I'r.~ram Budget/Schedule of Pavment The fixed fee agreement for completion of the project is S7.500. Payment will bc duc upon Collier County receiving payment from thc Department of ('ommunity Affairs for completing of the third quarter deliverables consistent with the section titled Pa,'meat and Deliverables ,Schedule in Attachment A - Scope of Work Local Mitigation Strate~r of the CONTRACTUAL SERVICES AGREEMENT entered into by and between the State of Florida, Department of Community Affairs, and Collier County. Amendments Either part5' ma.,,', from time to time. request changes in thc Scope of Work Iobc performed. Such changes which are mutually agreed upon by ;md betv,'ccn thc (;ouncil and thc Count.',' shall be incorporated in ,written amendments to this agreement. VI. Termination of Av. rccmcnt If. for an.,,' cause, the Council fails to fulfill its obligations under this agreement, or if any covenants, agreements, or stipulations of this agreement are violated, the County will thereupon have the right to terminate this agreement. The termination may be made by giving v. xitten notice via registered mail to the Council and specifying thc effective date thereof. This notification must be made a least fifteen days before the effective date of such termination. VII. Reverse Terminafo/gn If for any cause, the County fails to fulfill its obligations under this agreement, or if any covenants, agreements, or stipulations of this agreement are violated, thc Council will therefore, have the right to terminate this agreement. This termination ma)' be made by giving '`,,xitten notice via registered mail and specifying the effective date thereof. This notification must be made at least fifteen days pri,~r to thc effective date of such termination. Without v,'aiving its right t,~ terminate this agreement, thc Council may delay or withhold services under this ~,grcement in an aucmpt to gi'`'e thc County an opportunity to fulfill its obligations or correct any vi~flati~)n ()1' thc agrcemem. VIII. Council Responsibility l ~pon I crm~nalim~ In the event that this agreement is terminated tot an)' reas, m. all finished or unfinished documents, data. correspondence, and repons prepared by d~c Council slaff under this agreement shall be delivered to thc County. Thc Council shall be entitled to retain only that portion of the grant sum equal to the portion of thc ~'rant period that had expired to an',' termination. 16 III. ~onsibilities Make available all pertinent data, resources, and other necessary information and personnel to Council Staff for completion of this project. Respond in a timely manner to Council staff request for review and comment on draft maps, and other items. This agreement will expire after the subject tasks are completed and the Southsvest Florida Regional Planning Council has received payment from the County. In witness whereof, the parlies hereto have caused this contract to be executed by their undersigned~fficials as du!y authorized. WaynegSX.~ecufive D~rector Southwcst Florida Regional Planning Council By: / / / ' ~ ~ ' ~- Pamela S. MaC'Kie. Chairwoman Collier County Board of County Commissioners D ATTEST: Dwight E. Brock, Clerk B y.~ 76~;.~-/ ._.._ _,'.. - Approved as ~o Form and Legal Su~cicncy; Thomas~C. Palmer. Assistant County Attorney MEMOR~UM Date: April 15, 1999 To: Diane Flagg, EMS Director -:: '~ '" f'~ ~ From: Lisa Steele, Deputy Clerk Minutes & Records Department Re: Item #16D12, approved April 13, 1999 Please find attached one (1) original Acceptance Certificate that must be signed by Emergency One, Inc. When the executed documents are returned, please send one orginal to this office for our files. If you have any questions, call me at 774-8406. Thanks, 1413 W. 22nd Srree"t Suite Il00 Oak Broo,k.t II, 60521 I.ESSEE: Oontacl and Tille: ~elephone No. ..... FOR COMPLETION BY LES-§OR Always Refer Io Lease No. M- Rental Commencement Date: VENDOR: Address: . Zlp:~{ II'"L. _ City ' ' .Stale .Zip Contact and Title: Telephone ITEM QUANTITY ' [ EQUiOMENT DESCRIPTIOI",I (Include Make, Model, Serial No. and all Attachments) '. ' 0.,~ (2) ~r~, ~,r--:r't o,~ ~.~'<~J F'_~,,.~_ P,~,-~,, ~:,--: 'A~ LOCATION OF EC)UIP'.tENT IF OTHER 'TIIAI,I ABOVE ADDRESS OF LESSEE. C~ly .~ddress: LEASE TERM Counly TOTAL iiOl/{l'MEl',lT COST.{ RE~/T DUE. (Penod..__,~} . t'tG' r{°.DO j o o..,,.,,~ o FLORIDA MUNIC{PAL LEASE AND OPTION AGREEMENT Lessor t'ereCy tea~es to L¢.~s(:,t the t:quipment for Ihu j~urpose5 and upon the Iol!owlr. g terms and cortdJtJons: A 1-T E ST: DWIGHT E. BROCk, .::t~, III ACC[i'Ti'r~ A1 I Title: TERMS AND Pm',ew31 Term cnn bi o~iM(L Lessee ~uW'mr k"tlends Io da ill ~ tiwful~ wJlhln ARTICLE VI: TITLE TO EQUIplUlEFJT; SECURITY INTEREST. ARTICLE VII: MAINTENANCE; MODIFICATION; TAXES; ItlSURANCIr. ARTICLE'VIII: OI$CI-AIMER OF WARRAlUTIES. ~r~t lo ~t~ 5.02 aM CONDITIONS '~ '- ' ARTICLE X: ASSIGNMENT; SUDLEASING; AND INDEMNIFICATION. Section 10.Q1 A~41gnmen! by Letter. ,This Ag~e~Irana l~e oblmg~s of L~ ARTICLE XR EYE~S OF DEFAULT AND REMEDIE~. ~'~ T'- '~ ;li~rl ~ Lets~ tO ply I~ Re~t Pi~ent or o~ plant ~Mr~ to ~ ~ B. Fll:ure'~ Leslge lo o~l~e and ~d~rm I~ ether ~Mn~ con~ltl~ tt NO. : 941 40~ 6Z:~9 Paying! P~men: ~I~1 to 0.00 000 817.04 1,230.~4 ~1~ 81 1.23807 606.57 1,24131 ~)1,3I 1,248.6'7 S~.02 1,261.88 590.71 1267.17 ~0.02 1.2~7.8~ 574,64 1,273.24 5692a 1,~78.e4 547.41 ~ .300.47 541,a9 1,305.9S 5,1~.3~ 1,3~ 1,53 1,322.~ !,~33.92 4,91.18 4a~.43 1,3e2.4~ 4rg.~ 1,3~.23 473.~5 1,374~3 4~2.16 1.38E.72 · se.2g 1,391.~ 4..028 444.48 1,4~.42 438.~0 1,409.38 432.53 1,415.35 428.52 1,421.38 npr. 02 1999 10:51D~ P4 311.l~301 $~4~,470.00 145,4 ?0.00 145,470.00 144,23g.18 143,003.0~ 141,761.78 140.615.21 139283.35 138,008.18 134 743.88 13~ 478.82 132 g23.~4 13~ 839.88 130 3.50.37 12g 0~6 39 127 7'..,4 92 ~ 28,448 g3 125,13740 123,8~).31 122,497.e3 12t,1eg,34 119.835,42 1 la,49S.84 I $ 7,1 ~,0.58 ~ 15,7~.61 ~ 14.44~91 113,080.48 1 t 1.~'12.23 110,338.2~ 10~,958.34 107,572.62. 106,181,03 I04,783,S3 1133,380.11 '1041,970.73 I ;~0,555.38 : 941 4¢J3 6269 Payment ,~,~ edule t, ~ ar4 fft,,Wency ~.f p'ayments: r ~ Mo~t.hlV i:~,Frx~s in ar~e~ ~.e~&9 NO 35 1,8,47.a,58 420.49 1,4~/'~9 2,7' 1,847.~§ 414.44 1,4,30,4-4 38 ~ ,8,47.88 408.~ i.4,39,62 39 1,847.8~ 4~25 ! ,446 63 4~ %647,~,8 3~6,12 ~,~ 76 41 %847.88 3~9.~ 1,4.57.g2 42 1,847.88 383.?8 1 ,-~,4.; 0 43 1,847.88 37757 1,470.3~ 44 $,,54 ~.88 37~ .33 1,476.55 45 1/3,47.8<3 366.0? 1,482.8! 4~ I,~47 ~ 3~ 78 47' 1.84788 ;~2.48 1.4~5.42 48 1,847.88 3,46 12 49 t.~47 88 33g 75 1,~0~.! 3 50 1,~,7.S8 333.35 61 1,B47.88 32~.g3 1,5:20.~5 52 1;847.88 32O48 53 1,847 Sa 2~4.00 ~ 1,847.~ 307.4g ~5 1,847.88 300.~ ~ 1,847.8a :94.40 · ..~3 ~? 1,847 ~=J 257,$1 1.~&3.0/ Bi~ ! ,84 ?.88 281.1~ sg ' ,,~47.88 274..~., ' ~0 ",84 7.88 287.87 1,58~3.01 61 1.~,47 ~. 261 t7 ~3 ' 847 ~ 2~?.6~ ~.600 20 65 ' 847.M 234.06 ; ,~J ! 3.~0 Ge · INT~ 2Z7.23 1,833.65 $7 1,847J~8 220.36 1,877.52 $8 1 ,&47.88 213.4~ ~ ,634.43 6~ 1 .~47.58 206.~2 1,~41 ?0 1.847.88 t 99 ~56 I'I ~ .847,M 1~2.~7 1.6~,31 72 1,847.~8 t 85.$$ ~ ,~62.33 73 I ,~47.88 1 ?R.rx3 1,6E9.38 3115A301 (r~n~nmg g7,70~.§3 ~<~,273.1g g4,~33.67 el ,g~,~ 87,~3.g5 ~,~7.40 ~.~.59 ~.~.4g 8 ~ ~,0~.3~ 78,5~.I~ 74,B~7 ~ 70,953.03 ~,~5 87 8~,5~Z.53 5~,~5 82 ~,392.~ ~.571.3g 51,9~.74 ~,323.~ ~,~.7S 47.~7~3 43,7~.~ 42,~ I ~7 ~,735,~ ~× t~. : 941 403 6269 L ~see; Doerd c~ Co;J"ty ~rn~qYS$1onerJ E ~: F. mecge~c~ O~ Ama. can Eagle F'urtr'um L~aS~ No' ~pr. 02 1999 10:57~1'1 P2 i 6'i~ c~s,l L::'~41 P.04 Payme~.t Pc/merit ~ to In~'es:. ~ clmly; a Ihe rale In~lMt~ e&o~, an Ihe outs~.~mg prl~c,~d bdar~oe Oisled in 'Purchase ~'~.e.' Tle: en'mrgency Or,e. Inc.. / / Lc~)ee / } / ,,'/' L. esso:~ Emergency One. Inc. 1415 West 22''~ Street Smtc 1100 Oak Brook. IL 60523 For Completmn By Lessor Lease No. 3115-001 1AD12! Lessee: Board of County Commissioners 3501 Tam[ami Trad Eas! Naples. FL 34112 Contact: Paul Wdmn. Commander Phone; (O~l) 695-4114 ACcEPTAN¢,E CERTIFW..VI t: The undcrs;gncd, as Lessee under thc Mumc~pal [.ease anti Opt;on Agreement t thc "A~rcemcnt") referred m above. acknm,, ledges receipt in good condmon of all of thc Equipment above described as of tt,c date scl forth below {thc "Commencement Date"} ami cerhfies that l.essor ha~ fidly and sat,sfacto:dy performed all of its covenants obhgat;ons reqmred under the Ag:cement. Lessee he:ehy cerl~,qes that the descnpmm nf thc personal properb set forth above conslitules an accurate descr;phon of the "Eqmpment" and further certifies that the location of the J qmpment ,s as stated above un[ess other-.vise indicated below. l.essce u::comhtmnally accepts thc liquipnlenl f.,~r all purposes of the/'.gtccmet~t as of tile Cornmcncemcr,{ Date and agrees that ,t ~lll commence payments in accordance ~v,th Amcl¢ ',.' of Ibc Agrecmenl. Commencement Date Board of County Commissioners ITTEST: B>.: / / / , C ,, ._ / DWIGHT E. BROCK, CL£~,~ LEShakE RETAIN' Tills PAGE, IF NECESSARY. FOR EXECUTION Ut'ON ACCEPTANCE OF Till:. EQUIi~.~ENT AND THEN RETUR. N SAME TO LESSOR. Attest as to Chairman's signature onl,,,F. COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORhlEY 3301 Tarniaml Trail East Naples, Florida 34112-4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 EmaiJ' attorney ~'~,'~a,oles r e? He,dj F. Ashton Ramiro Mafialich Thomas C. Palmer M,¢hael W. Petlit ~'4,'~riorie M. Student ~4~,lissa A Vasauez Rodne~ C. Wade ~obe~ H. Zachar~ February 4, 1999 Emergency One. Inc c/o Federal Signal I.ea4ng 115 W. 22nd St, Suite II00 Oak Brook, IL 60523 Re: Municipal Lease and Option Agrecmenl #M-3115 (thc "Agreement") Gentlemen: As counsel For the Ochopcc Fire Control Districl (Lessee), I have examined thc above- referenced original Agreement between Lessee and Emergency One, lnc (Lessor), and thc proceedings taken by Lessee to authorize and execute the Agreement. Based upon such examination of law and Fact as I have deemed necessary or approprialc, I am ofthe opinion that; Lessee is a public body. corporate and politic, duly organized, legally existing under the laws of lhe .Stale of Florida The Agreement has been duly authorized, executed and delivered by Lessee pursuant to conslitutional, statutory and/or home rule provision which authorized this transaction in accordance with its terms and conditions. The Agreement is a legal, valid and binding obligation of I.csscc, enforceable in accordance with its terms. In the event the l.essor obtains judgment against l.essee in money damages, as a result oran event or deFauh under the Agreement. I.cssec will be obligated to pay such judgment Emergency One, Inc. February 4, 1999 Page 'i'wo 1 No litigation is pending or. to the best of my knowledge, threatened in any court or other tribunal, state or Ii:deral. in any way questioning or affecting the validity of the resolution or the Agreement. Sincerely. Robert lq. ZachaD' Assistant County Attorney RNZ/cc cc: David C, Weigel. County Atlorney h punic MEMORANDUM Da~e: 'fo: From: Re: April 15, 1999 Diane Flagg, EMS Director Lisa Steele, Deputy Clerk, Minutes & Records Item ~16D13, BCC meeting date: 04/13/99 Please find attached, for your files, seven (7) original EMS Matching Grant Applications that was approved by the BCC on Tuesday, April 13, 1999. if you ha'.'e any questions, call me at 774-8406. Thanks, FLORIDA DEPARTMENT OF HEALTH -' M BCC or EMS Organization Authorized Official Title Mailing Address City State Zip Telephone Email Address Contact Person Title Mailing Address Total Grant Amount $35,695 · Colller County Board of County Commissioners · Pamela S. Mac'Kle · Chairwoman · 3301 TamiamiTrl E : Naples . .'-T~~ : 34112-4961 .County:. Collier : 94L~!..J774'8391 .(SC): ; : JorgeAgullera : Tranlnln__~_ Commander 3301 Tamlaml Trl E, Bldg H City : Naple~"-'~ Slate : FI. zip :~ Telephone : 9/....~ 774~459 Email Address : _/SC):_ Legal Status of EMS Organization (che~ (1) I-i Private Not For-P~fit (2) 0 Pdvate For-Profit (4) D C~unldpali~ (3) ~ Coun~ (5) O S~te Federal Tax lD Number: VF 5 9 6 0 0 0 6 5 8 Medical Director !hemby e~ my e~h~ and ms~ns~il~ for the use of afl medical equipment s~ ~ntfn~ng ed~at~n in thi$ a~'~. Medical Director Ro~d B. Tober, MD FACEP ME 0030891 Date:~ PHnted Name and FL Medi~l U~nse No, DH Form 1767, E~fec~Jve Jan. gg, R~sed Feb.OO 24 PROJECT DESCRIPTION AND JUSTIFICATION AI2POINT B ED R E IBL AND PRINTING State Plan: Brie~' synopsis and relationship to state plan goal, if applicable. N/A Project Descriptton/Jus~cation: This is the NEED STATEMENT. Descdbe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by. the grant(s); (3) whether the project will serve single .municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) ~County EMS Medflight Is tasked with primary response to Collier County's 2308 square miles, as well as mutual aid to the five- (5) surrounding counties (Lee, Hendry, Broward, Dado and Monroe). This area is largely unpopulated and lacking in reliable weather radar and weather radar is not 3resent on board current helicopter. ~lumerous scattered thunderstorms are prevalent in this area and pilots are required to make "go", "no go" decisions on limited weather information. Whereas, especially at night, requests for emergency medical services might be turned down or not completed that otherwise may have been safely completed with on board weather radar. ~,ccording to Collier County EMS fligt records, there were thirty (30) calls for service that could not be completed due to lack of weather reporting equipment [or calendar year 1998. This equipment will serve a mulflcounty area. 25 Outcome measurable: provided) Degree to which need will oe met or changed. (use only the space This project will more safely ensure patients are transported by air to hospital facilities w,h. en poor weather conditions may preclude the vital use of helicopter transportation. This project's effectiveness will be measured using pilot flight records. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Bid and purchase helicopter weather radar - 4 months after grant begins. rnstall and place Into service. 6 months after grant begins. 26 10. BUO.~GET CATEGORIES Expenditures TOTAL EXPENDITURES Equipment Helicopter Weather Radar TOTAL EQUIPMENT COSTS GRAND TOTAL APPLICANT MATCH $ 13,199 $ 13,199 $ 13,199 STATE FUNDS 36,596 $ 36,695 $ 36,696 TOTAL 62,794 $ 52,794 $ 62,794 TOTAL 25 Percent 75 Percent 27 FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for. Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned requests an EMS matching grant distribution (advance payment) for the improvement, expansion and continuation of prehospital EMS. :~emit Payment To: Name of EMS Organization : -, lief C .... ,- : - - _ . Address City :?.~LA,Lq.,~:~_ State~z._~ ZlP.-.~__~ ! 2 Pamela S. Mac Type Name and Title ........... · '~" . 1 ~ ~ '" Sign and return this page with your application to: '". ...... '.~ ' . '" A,ol~rov~'~! ~ t ~ f:,.-.--. ~,. Florida Department of Health ATT [ rite below this line. For use by BEMS perso .' Matching Grant Amount For State To Pay: $ Grant ID. Code:M Approved By · Signature & Title of BEMS Grant Officer Date State Fiscal Year:. 64-25-60-00-000 BU 7 Federal Tax ID: VF DH Form 1767P, EffectNe Jan. 99, Revised Feb.gg 28 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee ce~,ifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended bet',veen the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity, No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Flodda EMS Matching Grant Program Application Manual', and ackncwledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLA~r,~ER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the Department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. .MAINTENANCE OF IMPROVEMENT AND EXPANSION[ The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise i,0 the approved application or unless the department agrees in writing to all°w a change. Any unautho~f, ed change within the five years will necessitate the return o[ grant funds, plus interest. Pamela S. Mac kie, [Chairwoman TITLE Atsistaat~-'- ty Attorney .- DATE ATTEST: ' ' . '.,: DHIGHT [.: BROCK, CLERK: '~ '. DH Form 1767A, Effective Jan.gg, Revised Feb. gg 29 BOARI) ()F COUNTY COMMISSIONF. RS ,MIS('lil.I.ANI:.OUS CORRESI'()NI)I'kN('[! APRIL 13. 1999 16ill FOR BOARD ACTI¢)N: 1. MIS('I';I.I.ANF. OI IS I'I'F. MST() FII.I'~ I:()R RF.C()RI) \VITI! ACTION AS I)II,',I!CI'F,I): Clerk of ('ourls: Submitted for public record, pursuaut to Florida Slatutcs. ('haptcr 136.06(1). the disbursements for the Board of Count>' Commissioners fi~r the period: A. March 8 - ! 2. 1999 B. March 15 - 19. 1909 3. Districts: Big (.'yprcss Ilasin Board of the Suuth Florida Wi,tcr Xlanagcmcnt I)istrict - Xlinutes of FebruaD' 4. 1999 meeting Fiddler's Creek Community Development District - Minutes of November 25. 1998 meeting: General Purpo.~ Financial Statements September 30. 1998: Government Annual Financial Report: Description of f)utslanding Ihmds: Audil for 1998: Budget for 1998: Management I.etter and Management I.etter ('omments: and Minutes o£Januar3' 27. 1090 meeting including lhMgct Ibr ! 999 Co Golden Gate Fire Control and Rescue District - Agenda of March I0. 1999: Special District Facilities Report; Audited Financial Report tbr Year Ending 1908: Financial Report for Year F. nding 1998; Management Letter; Budget For Year End 98 included in Financial Report and Description ol'Outstanding Bonds D. Kc.,,' Marco (.'ommunity Development District - Minutes of January 14. 1990 meeting Naplcs t lcritage Community Development l)istrict -(;cncral Purpose Financial Statements September 30. 1998: i.ocal Government Annual Financial Report: Description of()utstanding Bonds: Audit lhr 1<)98 and lludgcl t'~r 1908 !:. Pelican Marsh Community l)cvclopmcnt District - (;eneral l'urpose Financial Statements September 30. 1998: Management i.cttcr: l.ocal (iovcrnmcnt Annual Financial Report: Description of()t,tstanding Bnnds. Audit for 1998 and Bt,dgct liar 1998 G. Port of the Islands Community Improvement District - Notice Jul.,,' 16. 1998 and March 19. 1909 ..r ..... ,; .... held uo APR 13 1 99 Pg. / Minutes: Do G. II. Airport Authority - Minutes of Fcbruar?' 8.1()99 meeting and agenda o1' March 8. 1999 Ba.x'sh~re Avalon Beautilication Advisory Committee - Minutes o1' March 3. 1999 meeting and agenda of Fcbmau' 3. ! 999 (,ity/C,~unty Beach Rcnourishmcnt Advisory Commiucc - Agenda of March 4. 1999 Collier County Planning Commission - Minutes of FebmaD' 4. 1999 and Fcbma~' 18. ! 999 meetings and agenda of March 18. 1999 Emergency Medical Services Advisor' Council -Cancellation Nmicc Ibr l:cbma~'. 1999 Golden (;ate Fstatcs I.and Trust Committee - Minutes of l)eccmber 14. 199g meeting l lispanic Affairs AdvisoD' Board - Minutes ot'Januau~ 21. 1999 meeting ! listorical/Archacological Prcsen'ation Board - Minutes of February 19. 19~)9 meeting and agenda of March ! 2.1999 lmmokalcc l(ntcrprise Zone l)evclopmcnt Agency - Minutes ~d' N~wember 12. 1998 meeting l.akc Trafford Restoration Task Force - Minutes of February 12. 199~ meeting and agenda of Fcbma~' 26. 1999 l.ely Golf Estates Beautification AdvisoD' Committee - Minutes of I:cbman' 12. 1 ()99 meeting and agenda of March 12.1999 ~ 999 Librau' Advisor' Board - Minutes ul'Januar)~ _7. I meeting Pelican Bay MS'I'BU Advisou' Committee - Minutes of February 3. 1999 and Febma~' 19. 1999 meetings and agenda of March 3. 1999 AGENDA ITEM No o ~,~=.__ APR 999 pg, ~ CI.F. RK ()F TIlE ¢:IRCt'IT ~)t'R l' C¢)1.1.1 F:R Cf) UNTY, FI.f)R I1).\ F I N.\NC E & AC¢;f.)UNTI N('; I) I':P.\ RTMI':N T M I.:M¢)R^NDI;M D A T ! ':: TO: CC: FRO.M: RI:: AI)MINI.',I RA'I I%'1 \x',l~'l \\ I. I¢, ~ I' ~%1~,1)' )1 ~4 ~1 \~'~ ~t )%1~,II,,~I( )%1 R" I)ISBI'I{>I tlt ",1:' i)]ca~¢ tim] attached a hsfmg of thc dlsbu~emt, nts the pen,Kl March 8 through March I~ In aco,rdance garb Iq,)nda Statutt~. Chapter 136.116[I). wc 'w,rmh. l rc,l,jt.s! II]at Ihc~r rcp,,r;s bc l:lcludt'tt a- ml-ccllan4:ou~ corrc,l}olldt,~lCe fo Ihe l~ard of f~rstlfltV i'),mfl~l~slont, rs ;ifld flla¢l¢.' I)arf of tnt' rco [f:~HJ }ht:C .ir]', q[Jt",fl,,fl' rc.t,,ardmg fllL~ martcr. [~[('a~c tt I('ph,,n¢. m(' .,t -~1 ,%l}t[. ih.ink v~,, '~,r No. /& APR t Pg. BCC VENDOR MANUAL WARRANT LOG 03/09/1999 First Title & Abstract, Inc. 50.00 CHECK8 480691 BF.~80N In¥ B-8620 (updale) TO; I'R(X~I: :,larch ! '~ ~hr,)u~h .~.J,ircJl 19. 197). In .~cc,,rd.~nct. '.v~th H,,nda ~tatutc.~, Chapter 136.06(I), ~.vc w,,uld rt. Huc~t tl~:~t tht'~c rcl,,,r~ tJ~c r(-¢, VI $'l. lJ" No.~/ APR 13 BCC VENDOR MANUAL WARRANT LOG 03/15/1999 03/17/1999 03/1811999 03/19/1999 03/19/1999 Hampton Inn Paula J. Rhoads, Arty at Law Florida Department of Revenue Atlanta Business Circulators, Inc Nabor Realtor Store 134.00 1,036.08 6,105.18 17,474.00 418.50 480692 481324 481325 481326 481327 D. E. Wallace Sanders 97-2599 CFA Sales Tax - Feb 1999 Postage-Airport Marketing Campain Street Atlas Lee & Collier Cry BCC PAYROLL MANUAL WARRANT LOG DATE NAME AMOUN'[ 03/1511999 Lisa Markovich 148.00 03;18/1999 Laura Wheeler 530.21 CHECK~ 201198 201825 L~F..A~ON Regular Time Regular Time SUBJECT 'FO I~OARI) ~I'PRQVAI. MINUTES OF A REGUI.AR MEETING OF TtIE BIG (:YI'RE~.~ B;\SI~ BOAJ~6 OF TtIE SOUTll FLORIDA WATER MANAGEMENT DISTRIC'I' MARY ELLEN IIAWKINS BUll. DING 6099 JANES LANE NAPLES, FLORIDA February 4, 1999 '[he following Board Members were present William l lammond, Chairman Claudia Davenport, Vice Chairman F. Ilin Goctz, Secretary. Alan Korest, Member Clarence S Tears. Jr., Director, Big (;.,,'press Basin (.'Al,l, TO ORDER The Big Cypress Basin Board meeting was called to order at 9:05 a m. by Chairman ltammond followed by the Invocation and ['ledge of AIIcgia,cc t() Ibc [:lag of the United States &America Approval of .Minutes On motion by Ms Davenport, seconded by Ms Goctz. the Board approved thc minutes for the December 3, I098 meeting Additions, Deletions, Sul)stitutions to the Agenda Mr. 'Fears requested the addition ofltem Al, the presentation of an award On motion bv Ms Davenport, seconded b,, Xls (k~ctz. the Board approved incorporation of item A1 into the Agenda Abstentions There v. crc no abslcntaons ___J_.2__--~ A 1. Presentation of Award Mr Tears presented an award to Ms. Barbara Kerby. Government/Pt/gli¢.,~ff~.~ Associate, from Broxvnie Girl Scout Troop No. 656. Ms Kerby gave a xvatcr education / Date: Item~f / Copies To: Big Cypress Basin Board Minutes February 4, ! 999 Page 2 presentation to the troop which enabled them to receive lheir "Water Everywhere - Try It" badge. 1. Cocohatchee Canal Improvements and Capital Construction Presentation Mr. Bob l.aura gave a detailed presentation of the Cocohatchce Canal Improvements and provided updates on other capital projects. Mr. Hammond expressed his concern that the Board maintain a close watch on the Feasibility and Reconnaissance Studies being undertaken by the U.S. Army Corps of Engineers, and encouraged the Basin's involvement in future construction in the Big Cypress Basin area. :2. Contract with Zep Construction, Inc., for Construction of the I,ucky l,ake Strand Structure (Contract No. C-7013) Mr. Tears recommended entering into a contract with Zep Construction, the apparent low bidder, for construction of the Lucky Lake Strand Structure, in the amount of $260,000 of which $250,000 is budgeted, and authorizing a budget transfer orS10,000 from the Cocohatchee Canal Phase IV Improvements Project to thc Lucky l.akc Strand Structure Project. On motion by Ms. Goetz, seconded by Mr. Korest, the Board authorized entering into the agreement with Zep Construction, Inc. and authorized the budget transfer 3. Collier Environmental Education Consortium (CEE(;) - Basin's Continued Support of Environmental School Awards Mr. Andrew Mackit, Chairperson for CEEC. gave a presentati~m to the Board requesting continued support for the Environmental School Awards Ms. Susan O'Roarke from the Whitaker Center, formerl.~ a teacher at Avalon Elcmenlary School, told how the program involved and benefited her and her $',udents, a~ well as the parents and others in the community. Mr Korest requested the program be monitored in ~he future to determine how many people actually participate. On motion by Mr. Korest, seconded by Ms. Goetz, the Board approved continuing support for CEEC, in an amount not to exceed $6,000. Big Cypress Basin Board Minutes February 4, 1999 Page 3 4. Approval of the Big Cypress Basin 1998 Annual Report Mr 'Fears provided the Board with copies of the Big Cypress Basin 199g Annual Report lie thanked staff for their effort and involvement in putting together this report On motion by Ms Goetz, seconded by Mr Korest, the Board accepted the Big Cypress Basin I e~98 Annual Report. $. Resolution 99-2-1, Support of the Feasibility Study of Southwest..Florida Mr. Tears said that at the December Board Meeting, thc Board asked Staff to develop a resolution which would encompass all the issues in Collier County which we would like the Corps of Engineers to address when doing the Reconnaissance anti Feasibility Studies Once the Board accepts this resolution, it will be forwarded with a cover memo to Colonel Miller On motion by Ms. Davenport, seconded by Ms Goetz, the Board approved Resolution 99-2- ! 6, Cooperative Water Resource Projects Funding Program Proposal Mr Tears provided the Board v,'ith a copy of the application for the P, asin's XVatcr Resource Projects Funding Program The application was mailed ~o local interested organizations 7, South l,ee County Watershed Plan Update Mr Chip Mcrriam, Director of the Fort Myers Service Center, gave a brief update on the South Lee County Watershed Plan Mr tlammond mentioned that the Big Cypress Basin is one of the most biologically diverse areas anywhere in North America and there arc more species of complexity in this re8ion than in the Everglades' core ( 'ha/fromm thtmmot~d l~as.s'ed the ,gal'el to I 'tee ( 'h~t/rnum I kt s'etq?or! ti! 10:311 ~t. m. 8. Staff Reports A. l)isbursements On motion by Ms Goetz, seconded by Mr Korest. the Board approved disbursements for November and December 1998. Big Cypress Basin Board Minutes February 4, 1999 Page 4 C. Financial Reports Mr. Tears said the FY99 interest earned to date is $163.381 02 PUBLIC CO,MM ENT Ms. Leonore Reich, Chair of the Natural Resource Committee of the l.cague of Women Voters, announced a forum on water which will be presented by the Conservancy and the Nature Conservancy She invited everyone to attend. The fonm~ will be held March 25, 1999 at 7:30 p.m., in the Conservancy auditorium. BOARD COM~! EN'T Ms. Davcnporl thanked members of the public who have been supportive of this Board. She also thanked Staffand Mr. Scott Glazier. Mr. Korest said it was a great pleasure to work with Mr Tears, and appreciated the people and programs that have been put into place, and expressed hope that things would continue to move forward in the future. Ms. Davenport said that it was her understanding that all terms expire on March l, 1999 and the big issue is state-wide permitting, it'there is a lack ora quorum, all permits pending ,,viii be passed by default She said she hopes this ,,viii not happen AD.IOURNM ENT Thc meeting was adjourned at I0:45 a.m (Corporate Seal) William [iammond, Chairman Ellin Goelz, Secretar3' Big Cypress Basin Board M'inutes February 4, 1999 Page 3 I 4. Approval ofthe Big Cypress Basin 1998 Annual Reporl Mr. Teals provided the Board with copies of the Big Cypress Basin 1998 Annual Report. lie thanked staff for their effort and involvement in putting together this report On motion by Ms. Goetz, seconded by Mr Korest, the Board acccptcd thc Big Cypress Basin 1998 Annual Report. 5. Resolution 99-2-1, Support of the Feasibility Study of Southwest Florida Mr. Tcars said that at the Dcccmber Board Mccting, the Board asked Staff to develop a resolution which would encompass all the issues in Collier County which we would like the Corps of Engineers to address when doing the Reconnaissance and Feasibility Studies. Once the Board accepts this resolution, it ,,,,,ill be forwarded with a cover mcmo to Colonel Miller. On motion by Ms. Davenport, seconded by Ms Goetz, the Board approved Resolution 99-2.1 6. Cooperative Water Resource Projects Funding Program Proposal Mr. Tears provided the Board with a copy ofthe application for Ihe Basin's Water Resource Projects Funding Program. The application was mailed to local interested organizations. 7. South I,ee Courtly Watershed Plan Update Mr. Chip Merriam, Director oflhe Fort Myers Service Center. gave a brief update on the Soulh Lee County Watershed Plan Mr. tlammond mentioned that the Big Cypress Basin is one of the most biologically diverse areas anywhere in North America and Iherc are more species of complexity in this region than in the Everglades' core ('hatrman fhtmmond passed the ga~.'l to ! 'ice ( 'hatrmt,t l )avet~l~ort at I O: 30 a.m. 8. Staff Reports Disbursements On motion by Ms Goetz. seconded by .X, lr Korcst. thc Board approved disbursements for November and December 1998 MEMORANDUM RECEIVED M is ~ ,~C~3 ~erslJ~tRa en ce Agenda Date ~,gend~,¥1'em fl':" .,,. ,.,.., TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 22. 1999 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the dale and Miscellaneous Correspondence agenda item number. Fiddler's Creek Communi~ment District Pursuant to Florida Statutes Chapters 189 and 190, the F~ddler's Creek Community Development District has submitted the following: -- I s (a) (b) (c) (d) (e) (0 (g) (h) Minutes of Meeting held November 25, 1998 General Purpose Financial Statements September 30, 1998 Local Government Annual Financial report Description of Outstanding Bonds Audit for 1998 Budget for 1998 Management Letter and Management Letter Comments Minutes of Meeting held January 27, 1999 0ncludes Budget for 1999) Thank you Misc. Corre.~: Gand L. Moger, P. Fi. , land Do.,elopmenl ~'~ Man,lfl~nncnl Cotlsult,l~il Date: Memorandum To: March 17, 1999 10300 Northwest Eleventh Manor (.'oral Sprinfls, Florida 33071 (954) 753-0380 Clerk of the Circuit Court - Finance Dept. do Timothy ,l. Gillett 2871 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 801 Laurel Oak Drive Suite 710 Naples, Florida 34108 Michelle Shulman I)aszkal Bolton & Manela 240 West Palmetto Park Road Suite 300 , Boca Raten, Florida 33432 Reference: From: Minutes of Meeting held January 27, 1999 Gary L. Moyer Manager Enclosed for :5'our records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Enc. IVIINIYFES OF MEETLNG FIDD!~ER'S CREEK CO~'Vh-MUNYrY DEVELOPMlgNT DISTRICT 1 6GI The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, January 27, 1999 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, Gulf Bay's Conference Room, Naples, Florida. Present and constituting a quorum were: Clifford Olson Grady Minor Larry Mullins Paul Riegelhaupt Arthur Woodward Chairman Vice Chairman Assistant Secretary Assistant Secret.',,'y Assistant Secretary Also present were' .lames Ward Chuck Ada,ns Alice J. Carlson Ton)' Pires Terry Cole Mark Strain Manager Director of t)perati~,ns District Staff' Attorney Engineer Gulf Bay ('omm,,nities ~' ORDER OF BUSLN~ Roll Call Mr. \Vard called the meeting to order at 10:00 A.M. and stated the record will reflect that all Supervisors are present at roll call with the exception of Supervisor *lt, llins. We will move to item three and if Mr. Mullins arrives, we will swear him in at that point in time. ' THIRD ORDER OF BUSINF~.qS Approval of the Minutes of the November 25, 1,998 Meeting Mr. Ward stated item three on your agenda is Approval of the Minutes of the November 25th 1998 Meeting. You have all been previously distributed a copy. If there arc any additions, corrections, or deletions, it would be appropriate at this time to so indicate, otherwise a motion for their approval would be in order. IOn MOTION 6~J"M~". Minor S6c0nded'by Mr. Riegelhaupt~ with all in favor the November 25, 1998 Minutes were[[ approved: ]] FO~ ORDER OF BUSLNESS Discu~ion of Current Year Budget Mr. Ward stated item number four is a discussion or some questions wqth respect to your Fiscal Year 1999 Budget. Your Chairman had asked that we schedule this item for you' when we had transmitted your Fiscal Year 1999 Budget to you. The record will reflect that Mr. Mullins has arrived. I will take this opportunity to swear in Mr. Mullins as he is not a sitting member of the Board at the present time. SECONT) ORDER OF BUSINESS Oath of Office for I..an2,.' Mull ins A. Oath of Offioe Mr. Ward stated we will go back to item two. Mr. Y, Iullin~. t, :wear x'~al in as a member of this l~(mrd. For the record, i am a notary ,,f thc Stat(, of l"l,,~'i¢la and authorized t,, administer this oath. l"lease repeat after me. I do s,,lemnly swear tha~ I am a resident of the State of Florida and a citizen of tl~e United Slates of America and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public rinds on bchalf,,f the l)ist~qc.t do hereby solemnly swear or a~rm that I will support the C,mstituti,n ,~t'the United States and of the State of Florida and will faithfl, flly. h,,nestly and impartially discharge the duties dev,~lving upon me in the office ,f Supe~'isor of the l:iddler's Creek Community Development Dist~ct, Collier County. t"iorida. I am going to proxfde to you the orig4nal Oath of O~ce. Please sign it. date it find return it to me and I will mnke it a part of the o~cinl records of the District. Mr. Olson stated we will return to the Budget discussion. What I did at the time of the hist meeting was to go through the Budget that you had provided us. Is thnt the current Budget that we are operating under? Mr. Ward replied yes. Mr. Olson stated I haveacoupleofquesti,,ns. On tho irrigation water fees, we had an unfavorable variance of S,14.000. Is there a teas,m? Mr. Strain stated there are several reasons. The first one is that we have expanded from the first couple of sections in Phase B that were under mitigation. Now we have added the balance of Phase lB which has been fully planted. Prior to this, it wasn't planted. The gro~fng periods ot' Phnse 1B will be longer because it is a bigger area so you are going to be using more water during that period of time, so that would explain the increase reD' easily. Mr. Olson asked is that the same cause for the improvements and renovations? · 1 January 27, 1999 5ir. Strain replied yes. We arc almost doubling the size of thc area that was under last year's domain. 5Ir. Olson stated on page 3, Cost Comparison Detail Analysis. If you look at thc actual expense for legal advertising, it was $1.659, and you had budgeted for last year and this year $1,600. Was that just considered a minor variance or wo~dn't it have made sense to go up to .$1,700 for the Budget7 Mr. Ward replied yes. Mr. Olson asked my next question is why didn't we do that'? Mr. Ward stated your t~rst an;~lysis was apprc, 1)riatc. il was .iu~t :~ minor 859 variance so it is n,-,t Something that we lend to hud2ct 5Ir. ~Hson stated on elec:t~city, there was a t~llrt~i,l i~l'.~.,l, IHHI ;llld t}lt,n budgeted $2,U00 in I~)9~t. 5Ir. Strain stated that is the same reason, the additi,,n;H irrigati~,n. With tile addition .f another two an(I a half or two mih:,~ ~f ro;~(lway, wc have thai many doubled amount of electrical lights. . 5Ir. OIs,)n stated n,,. I said last year it wa~ l)t~d~i,t~,,t t',,r :~:IH,fH)I/ ;ll~¢i in ID.L) they only b~deeted $2.(,~!~. Am I reading this Mr. Att;~ms stated this was with rcg~rtt t,, th,.. ~rri~;lt~,n svstc,n whit:ti had anticipatect the p~6or year that they would I)e rt~llrlin~ pt~l~p 51r. Strain stated that is correct. On page 5. ih;it rclkq's to the pump that didn't exist. The chloMdes were too high in tht~ I;~k~s so it was no sense building a pump house with water that is fllll of' chl,~rides so the pump house will be deeerred to another phase of the pr~0ect that is near a lake source that is low in chlo~des. Itight now the electricity needed for those pumps isn't there. Mr. Ols,,n stated page 9 under q'rustc~ t",:,.s, in 1998 roll had $I 1,0i)O budgeted and you have $4,500. Is there a reast~l why th~~ 'I'r~stee l"ces went d,~wn? NIr. Ward replied generally' when you h;~v~ one bond issue in place, th~ first year the Trustee Fees are higher than in subseq~t, nt years because of settin2 that bond issue ~p. so normally they run al)otit $4.50U ;~ vc;~r ;~fter the tirst ;'oar issuance. 5Ir. Olson s~ted those are all of the qt]esti~)ns that I have ,n that. ¥o~ also gave us the financial statements hut we can cover that later. Mr. Ward asked d~;,es the balance of the f~-:~rd have any other questions7 Mr. Iliegelhaupt stated I have some editorial questions. When I received the financial statement, the questions are even more kamed in my mind. In the financial statement, we llave account 301 for constructi,n yet in the Budget we 3 don't have a 301 account so I think to look at the more general problem, do you have a list of accounts for this project and why aren't they the same for financial statements as well as the Budget? Mr. Ward replied for financial statement purposes, government accounting calls the 300 series of accounts Capital Projects Funds. It is for in£rastructure construction. When you set up your Capital Projects Fund Budget. that is done generally through the Engineering Report and methodology that you establish the bond issue. That is the Budget. It transcends fiscal years and its a res,lt of that. it is not a specific year to year Budget that the Board revi,~ws and approves and that is why it is n~,t a part of your adopted Fiscal Yc;,r litW. I lh~d~et howev.~r, fl~r financi;~l statem¢.nt purposes, as the years ~,~ by. wc inclutl~, i~ your financial statements the status .f those Capital }h'~j¢,ct~ l'5~nds fi~r lh~s~. Imnd issues thaty, u areal.ina. That is why there is a diffi~r,,.c.,. It is n,~l re~l~ir,_,d to be budgeted; fi~r budgeting purposes. I usually do n,,t d,, th;~t I~t~t ,,vt, (1~ i.clude them in y.ur monthly financial statement so v.u can kccp al~r,,ast .f y.~r b.nd issue. 5Ir. Riegelhaupt stated it is a little odd to ahs,,rb b,:ca~se that is Iht biggest amount of re.ney spent on a Budget. Mr. Ward stated it is different in government acc~,~rlt~n~ and if v,u like, we could include it alth,mah I don't like to include it as a par~ ,F your ;~d.ptcd because you have already ad,,pted your Capital l'r,~jccts t"und l~(i~ct in 1996. Maybe we should include it ils an Appe~tdix so y,u c;~n s,.,c ~t }nit it is n,~t r, ally a part of your approval process. Mr, Riegelhaupt stated it makes it very diffic~lt t,~ review the financial statement unles~ you ~o hack in ymtr records ;t~t] start reviewing I}1e I'.apital [h~dgcl. Nit. Ward stated lot. rnc $,..e what i citn ¢J~)l,~ ¢'],,,t~ ~t ~lp for Nlr. Ri,~gelh;mpt stated iL s,~ difl'~rent fi'~ml in,luslrv where it is ~h~, nmst important categoo' and you dent leave it out ,f b~d~cts if v,,~ arc building a power plant for instance. Mr. Ward stated it is totally different in the g,vcrnment sector. Mr. Riegelhaupt slated the other thing that I had some prohlems with ,,ditorially is this item ,m page a that derives the assessment rate k,r ~tniis. It would seem to me if I were an owner, [ couldn't care about any part of the Budget but this. It seems to me that number one it ought to be presented in a clearer way. There should be a title and I have put down, "Determination of Non-Ad Valorem 4 January 27, 1999 .~ Tax Rate" so somebody knows what this thing is. You put down "Units" and it. should say "Number of Units" and what is that 1,075': I am not ch:ar on what that represents. Mr. Ward replied it represents the number of Equivalent Residential Units whether that is a single family, a multi-family, the conversion uf cmnmercial property to an Equivalent Residential Unit, so it gives ym~ a base frmn which to dix4de your total revenue requirements by, and that is all that it is. Mr. Riegelhaupt stated I presume this is not fi~r all ,,f Fiddler's ~'re~.k since it is a small number. Mr. Olson asked w,mld that be I'hases A and B'.' .Xlr. Ward replied it would he a portion ~,f Fiddler's (~rm~k. ~'ssenl iallv I'hase .",Ir. Strain stated it is the portion of t~}]ase i ailocal~d to this Mr. liiegelhaupt qtated s~ it is only in the areas that I)ertai~ t~ tim l~l~et. Mr. Ward stated the general definiti()n t~r ~mr p~rlm~('s ,,v(~uld I., I. imse areas which benefit fr,m~ the ~peratiml and nl~illt~:ll;l~l('~' s()rx']c'~s th:~l x'~ ~lre providing, so fin' n~nnin~ ot~r landscapin~ thrm~h Ph:~st. 1 ~,r tqmse lA i~l Il whatever 5'r}t~ might define, that is what lhe benefit area i< Mr. lhe~elhaupt asked was it the s;im~, fi~r I:~s ;is fur 1'.t',t:~':' Jl;~s that number been fifirly constant ~o 5Ir. Adams stated there was a slight increase. Mr. Riegelhaupt stated when we talk almut tax rates, are these fi~r l"iscal Year 1998 and Fiscal Year 19997 Mr. Ward replied yes. Mr. Riegelhaupt stated we shmdd so state. It should say FY 1998 and FY 1999. The Net Rt~venueand it should showan a:;temsk b{,cause that is what talk ahout and that shm~ld show Fiscal Year I~99. In my opini,m, that asterisk should not say the assessment levy but the net revenue required equals the total apprupriations minus all other revenue smtrccs. I think it would }ma little clearer to the average persian. That is all that I have. Mr. Olson asked while we are on that page, quickly s~mmarized, wl~y was there a thirty percen[jump from 1998 to 19997 Mr. Ward asked a thirty percent jump in what? Mr. Olsrm replied in lbes per unit. $720 to $g85. Was it due to the additimml things that we put in? Mr. Ward replied it was the increased services. 5 Mr. Woodward asked is there anyplace in here I can find how much the Developer is contributing and. how much the individual private owners are contributing? Mr. Ward replied no. I guess we could show that but that would be extraordinarily unusual. Mr. Olson stated out oCthat 1,075 units, the Developer has some invento~. Mr. Ward s~ted it is prohably 98.9% of it. Mr. Strain stated if you take the number ,f units that we h:~ve and multiply them by the S985. that is how much is being contzfilmted t,v thc indivi(lu:d ~,wncrs and the rest is by the I)eveloper. Ms. Carlson stated there were nhout 57 closings when we did this Budget when it began ,m October 1st. The Developer will be paying the bala~ce of the units, over 1,000. nnd then prorating as they close this year. Mr. Woodward stated it seems logical to me that silti~g as a l~oard we should know how many closings you have. Mr. Mullins asked is that relevant information to the l]oard.? Isitac, mcern to the Board whether 'the Developer is paying or wh~ther th, individual homeowners are ns long as it is getting paid? Mr. Minor stated it is for informational purposes. Is th,~re any reas,m not to provide it? Mr. Ward replied it is not infiwmation that we collect. We only s~e il once a year in tl~e process when the Property Appraiser gives us the tax roll and whenever that is, June. ,luly, August. September. we w.uld see it as o¢ that instant in time whoever is on the roll. That r. ll is not perfect; it may be in the nnme of the Developer. the Prope~y Appraiser may be a m,,nth behind in filing the deed, so the snapshot is n,t partic~flarly uset'ul Even fl',m my perspective, it is not particularly useflfl infi~rmntion. Ms. Carlson stated when we finalize the lludget a[ld adopt it, we can tell you approximately how much the Developer will be paying but we don't get this infi)rmation on a monthly hasis on what they cl.se because we don't need to do anything with it again until the following year. Mr. Olson stated fi~r the sake of tho big picture, every month you could tell us how many units you have closed. Mr. Ward stated you ~511 find that with large developers that is a thirly closely gmnrded number. I have found that most of them don't want to tell you that. 6 Janua~ 27, 1999 Mr. Olson asked is there anything else? Mr. Ward stated that is all that we had. FI2FTtI ORDER OF BUSINE~qS St.qff Reports A. Attorney Mr. Pires stated it has been very quiet. There have only beer, routine matters and this month's Board meeting. B. En~c~r Mr. Cole stated I have my standard report. Since the last meetin~ which was in November. we have tied in the water and sanitary sew~r cm~nections and at this time the work that is shown in l:iddler's (;reek Phase IlL Unit 3, as shaded on thc map, is nearin~ completion. The biggest item rt, maining is landscape installation. There are a i~w punch list items tl~at the site c,mtr,ct.r Mr. (IIs~m asked what is thc status of l.ax~dsc'.q~,~ Area .l and [.andscape 5lt. Cole rt:plicd l.i~ndscape Area .1 ot~ (;lub ('cnt~r }g,,uh.vz~rd :lnd l"iddler's (2reek t'ark~vav is clause t,~ being accepted and tl~t. I:~t~dscai)t~ areas along Championship l~rive are still being installed. They ar~ ~ls,, v~,rv close ~,~ being accepted. Mr. Strain stated they are installed up to a little be6,re the inside edge of the north guardhouse and there is some redesign going on there for an entry. As soon as ~.hat is completed, that area will be finished off. Mr. Adams stated Staff is in the process of bidding l.andscape Areas .1 and 5 fi~r maintenance and that will be brought to you at the I"ebruary meeting. Mr. Minor asked is it going to be a manned ~uardh,use at Championship and then when you o)nnect to 41. that will be a third'.' Mr. Strain replied we have two omnections t~, U.S. 41. The first ,mc should be by the Manatee Scho.l and that one will be an,~ther manned gt~ardhouse. Mr. Min,~r asked when will thc g,,If c,~urse c,,nstructit,n start? Mr. Strain rep]it.d the true g,ll' course c,,nstructi,m won't start ~ntil Otis time next year alth,,t~h r~,tt~h fillin~ will bo (,cctlrri~ and the excavation starting now in the mot~th of February. Mr. OIson asked how is the security company working out? Mr. Strain replied good. They seem to be veD' proficient and there have beon no problems. We haven't had any kind of negative occurrences fi)r months. 7 January 27, 1999 C. Marmger- Invoice List Mr. Ward stated I have nothing to report. SIXTH ORDER OF BUSLNESS Super~iqor's Requests mid Audience Comments Mr. Olson stated item six is Supervisor's l{equests and Audience Comments. I have a couple of questions on the financial statements that you issued to us on Monday. You have a note that there is due to the l)evcloper $5,000. The first question is why'? Two. has it been paid? *lt. Ward stated the answer is no, it hasn't been paid })ut probably they advanced tis some moneys to operate the District. Generally once we have, enough moneys to operate over a period, we begin to repay thos,~ advances. I would assume that hy being as low as it is, a lot of it has been repaid tothem. I am sure that will happen as a matter of course ,wet the next couple of months. Mr. Olson asked on the Revenue/Expense Statements under Irri/zation Sen'ices and Expenses, the current month was S2,8.12. Year to l)ate was $2,842 and the Budget was $2,000. was that once again because we ad(h.d additional scr~-ices? Mr. Strain replied I have not seen that so I can't answer that. Mr. Ward stated tell me what fund you are in. Mr. Olson stated it is Fund 001, Irrigation Services *Ir. Strain stated the reason for that is we didn't use lake water. We has to use potable water at irrigation rates hut still it is not the rate that we would be paying if we were u.~ing lake water. We have lowered the irrigatio, water costs for the prior year and increased the electricity costs because we based it on a pump house delivering cheap water with a higher electrical rate and .j~mt the opposite has occurred because of the chlorides. Mr. Olson stated those are the questions that I had. Does anybody have anything else? Does anyhody have any comments on the invoices? IOn MOTION by Mr. M'~'liins seconded"'"'by M"ri"Mln'or with all in favor the invoices were approved. SEVEN'HI ORDER OF BUSD,'F_,SS Adjournment .Mr. Olson stated there being no further Business, I will entertain a motion for adjournment. January 27, 1999 Mr. Woodward stated I would like to make one comment. I live on Marco so I drive by the project quite often. ,_%me of the people on Marco know I am on this Board and we have had some very favorable comments about the fi)untains in the lakes. I have had about fifteen people say that is really beautiful and the lights at night also. *Ir. Mullins stated along that line, I have been very impressed with the interior as well. If you haven't been to see the clubhouse, you should. Mr. Strain stated all of you will be getting invitations to the grand opening of the clubhouse; I think it ~411 be in ,March. It is quite impressive~ ,Mr. Mullins stated the workmanship is somethinlt that is relatively rare. IOn MOTION by Mr. Woodward seconded by Mr. Mullins with all in favor the meeting was adjm~rned at I¢):25 A.M. Paul Riegelhaupt ~ Assistant Secretri?y CliffurS--Olson Chairman 9 ......... III I I Wednesday January. 27, 1999 10.00 A.M. AGENDA FIDDLER'S CREEK COMMUi'NITY DEVELOPMENT DISTRICT " Roll Call Oath of Office for Larry Mullins Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Roo~n Naples, Florida 3.1103 Approval o'fthe Minutes ofthe November 25, 19!)8 Meeting Discussion of Current Year Budget Staff Reports ;\. Attorney B. Engineer C Manager - Invoice List Superx'isor's Requests and Audience Comments Adjournment NapLes DaiLy #eve Naples, FL :~102 Affidavit of Publication FIDDLER'S CREEK COI~I~J.qITY DEV. DISTRICT - GARY I~OYEq 10~:) led 11~ hAleR CORAL SPRZNGS FL 3~71 AEFER£NCE: 052301 $78132~.7 ~3:ice Of ~eettn<j Fi State of C~ty of Co:tier Before t~e u~erlign~ ~t~rity, per~onaLl7 a~ar~ B. La~, ~k~ ~. ~th says that s~e serves as the ~ssistant Cor~ra:~ Secretary ot the ~a~tes Deity N~s, a daily n~s~r ~bLish~ et qantas, ~n Col[Jet C~ty, FLo~a: t~at t~e n~s~r ~ ~ates List~. AffJaet further s~s tket the sa~d Naples N~ ~1 a n~s~pe~ ~b[Jsh~ at aagtes, ~n CotLier C~ty, FLorida, a~ that the said n~s~r ~s heretofore ~e~ ~tJ~ Jn said Cold,er C~nty, F~ort~a, each ~ ~ ~s ~ ~ter~ as sec~ c~ass ~tter et the ~st office tn Nap[es, in Collier C~ty, F[orida~ fo~ a ~et~ of ~ year next prec~t~ the first ~bLJcat~ of the ettach~ c~ of ~e~tJse~t; a~ further s~s t~t she ~s neither ~td ~e pr~Js~ any pers~, fire or ¢~ratf~ any dJsc~t~ re~te, c~JssJ~ De ref~ for ~r~se of secur~ this ~ertJsee~t foe ~[JcatJ~ Jn the ~Jd PUBLISHED 0~: 01/20 AD SPACE: 72.000 INCH FZLED Oel: 01/20/99 Svorn to and Subscribed before me this ~ davy 0120 NOT [ OF MEEtiNG Notice Of Meeting F Iddle¢'s G'e~. Community Improve. Died Community ~e~ Die. Id Is ~hed- uled to be held eaorthern Trust Bonk ~a.'~l, I1 ~o~, C~ol , There ~ s;e~s ~en ~e ~e~l~s will ~lcl, of a ~1~1~ ~ I~rem~ ~ t~ ~e DIs~ tar c~sldered ~ ~e m~ b ~1~ ~r~ ~fl n~ a re~d Inc~ ~e te~v ~. 1~3176 16&1 Fiddler's Creek Community Development District Engineer's Report 1/27/99 The contractor is continuing work on Phase lB, Unit Three. The final water and sanitary sewer connections have been made. Landscape installation is continuing. W:'., 1993', 1993132', 13204',engrep90126.doc ~3B'lfl. W S.R. 951 ISLE OF CAPRI ROAD II Oath of Office I, Larry Mullins, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affrm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Date By: A~Lgn~%¢ 94164952~2; JuZ-33.g8 4:o/Hu; ~age ~/1 Colonial Square Realty, Inc. 941-26t-Z627 1020 Cmc~dhettc go;~,~ · .qmtu 200 * Napk-~. Flor,Ha 34102 December 9, 1998 TO: Jim Ward I:ROM: Chip Olson ~______~,~.~ RE: Fiddler's Creek 12/23/98 Mee6ng Please add to the next meetings agenda, some time to review this years budget. I have reviewed the final budget copy that we received at the November meeting. I know the budget has been acccptcd, however, I still have some questions that need to b~ c~arihcd in my mi,"~cl. I~C B9 '98 941649~5222 P~.ol 16&1 Fiddler's Creek Community Des'elopment District Operating Budget Fiscal Year 1999 ADOPTED. August 26.1998 Section 1: Fiddler's Creek Community Development District Operating Budget Fiscal Year 1999 Table of Contents Budget Introduction 16G1 I'age~ Section 2: Section 3: Section 4: Section 5: Fund Balance Projections- General Fund Appropriation Comparison Fiscal Year 1999 Io 1998 General Fund I01- Budget Summa~, General Fund I01- OPerating Budget 1 thru 2 3 thru 6 thru 9 thru 14 Section 6: Exhibit "A" Debt Ser~.tce Fund 201- Series 1996 Assessment Roll Preparation-Scope of Services 15 thru 20 thru 21 Fiscal Year 1999 Budget Introduction Background Information The Fiddler's Creek CommuniD' Development District is a local, special purpose government authon×ed by chapter 190. of the Flor.da Statutes as amended, as an alternative method for planning, financing. acqumng, operating and maintaining community-wide infrastructure tn planned communities. 1'he :`; a mechanism which provides the "solution" to the State's needs for deliveD se~'lce projected gro~,~h 'a,'ithout overburdening other governments and their taxpayers. They represcn! a major advancement m Florida's effort to manage its growth effeclWcly and clficlcnt[y. This allo~s thc commum~ to set a higher standard for construction along ~.'ith prov:dmg a long-term solutmn tt, thc opera:ion and maintenance of community facilities as well. The follo~.'mg repor~ represents the Budget of the District for Fiscal Year 199q. '.,.h:ch begins on ¢)ctobcr 199S. The Budget for the District ts organized by fund to segre_'gate financ;al resource`; and end, ute th~t segregated resources are used for t~e~r intended purpose, and the I')~,,tr:ct ha,; estabhshed the fidlox~ ;n~ funds 101 Genera] Fund I01 : )peratmns and Nlalntcnancc ~1 ('ommun~t.'. Fac:lines F:nanced bF' non-advnl~rcm 201 Debt Service Fund 201 Series 1996 Collect:on of Spec:al Assessment, fi~r Debt Serv:ce on the .C, enes 1990 Special Assessrfent Revenue Bonds Financed by Special Assessment Io the benefited properties Facilitie~ of the District The Distnct'~ existing facilitie~ include storm-water management (lake and water control structures}, street ~weepmg. street lighting, landscaping, signage and entry features, accel', control, irrigation supply and d:s~bution fac~ht~es and other related :mprovements Maintenance of the Facilities In order to maintain the facflmes, the District conducts hear:ngs to adopt an c~perat:ng budget each ye;re This budget includes a detailed descnptmn of the maintenance program along '.,.:th an estimate of the of the program. The funding of the maintenance budget ~s lcv~cd as an non-advo!(~rcm assessment on your propers/by the District Board of Super',isors, Fiddler's Creek Community Development District Fiscal Year 1998 General Fund Statement of Revenues, Expenditures and Changes in Fund Balance For Fiscal Year Ending September 30,1998 Actual Anticipated Total Variance Budget Received or Expended Fiscal year Favorable FY 1998 June 30,1998 Thru 9/30/98 1998 (unfavorable_L. Revenue~: De'.eloixr Contnbutmns 50 $O.00 SO O0 $O.00 0 O0 [merest Income S5.~) SO~ S0Oo S0 00 ~ 5.0o0.00) Assessment Levy 5674.7~ S347.338.91 $327.361 OO 5674.700.00 lotal Revenues $679,700 5347.338.91 5327.361 09 5674.700.00 Expendilures: Administration Supervisors Fees S 12.0OO S6.400.00 S3.0~') OO $9.400 O0 2.600 Management Fees 534.650 S25,987.43 S8.662.57 $34.65000 f~ O0 Trustee Fees S4.5~ Sl 1,8~.95 $O.00 S1 I.~64 95 ~ 7.36.1 951 Audit Fees S5.5~ S3.280.~ SO O0 S3.2~O.O0 2.220 Arbnrage Fees $3.5~) $O.~ $3,500 O0 $3.50000 Legal Fee~ '518.O~3 $5.925.95 $5.~/OO $IO.~5 95 '.074 05 Engineering Fee, $10.~) $4.562.05 $2.500 OO 57.06205 2.937 95 Telephone $5~ $330.06 $150.00 $480.06 1')94 Postage and Rept~ucnon S5~ $1.089.49 $300.00 ~ l. 380 49 ~ ~89.49 ) Computer Scm'tees $4.8~ S4.875.03 $0 (fi) $4.875 03 Office Rental S3,~ $2.7~.~ $9~ O0 $3.600.00 Insurance S7.5~ $O.~ S~.500 O0 $7.500.00 Printing and Binding $1.8~ S969.49 $300.00 S 1.260.49 530 5 I Legal Ad, erasing S1,~) SI.359.55 S3~O0 51.659.55 t59 55) Office Supphes S6~) 5140.55 $I00 OO 524055 359.15 Subscriptions S2~g} $175.~ 50 O0 S 175.OO 25 Total Administration 51c~.250 $6{}.65055 532.212 5v 51OI,87212 7.3~7 Fiddler's Creek Community Developmen~ Distrtc! Fiscal Year 1998 General Fund Statement of Revenues, Expenditures and Changes in Fund Balance For Fiscal Year Ending September 30,1998 Actual Anticipated Total Budget Received or Expended Fiscal )ear FY 1998 June 30.1998 Thru 9/30/98 1998 Variance Favorable {unfavorable) La ndscaping Other Contractual Improvements and Ben. Other Maintenance lmgation Etectnc Imgatmn Water Fees Total Landscape Securit.v Repairs and Maintenance Other Contractual Total Security StreetlightinR Elccmc Rcpatrs anti Maintenance Total Strecthghting Streets~ eeping Other Contractual Total Streetsweepmg Aquatic Other Contractual Total Aquattc Contingencies S260,000 S55.165.50 S 146,000.00 5201,165.50 5.'1.834.50 $20,000 $30,18.1.75 $0.00 $30,184.75 110.184.75~ Sl,200 $1,616.50 $0.00 $1.616.50 (416.50} S36.000 S53,75 S100.00 $153.75 35,846.25 S34.000 $58.633.00 520.00'} cfi} $78.63? ,00 ~44,633 $351.200 $145.653.50 $166.100.00 $311.753.50 39.446 5(I 52.700 $6,417.29 $000 $6.4 l,',t'" S 130.000 $47.080.08 $45.0c)0 O0 $02.0,R0,0,$ ) ':.91'} ')2 $132.700 $53.407.37 $45.00c~ O0 $98.407 ~7 .',.1.2r.2 $8/8)0 57.276.35 $4.000 00 $11.276.15 ~3.276 S2.600 51.137.25 S 3.000 O0 S4. t37 25 (I.537 25} 510.~ S8.413.~ S7,(8~ O0 515.413 60 (4.813 $32.250 $8.255.00 $5.600 S32.250 $8.255.00 SI6..~00 $0,735.00 $9.000 00 518,735 O0 ~2.235 $16.500 S9.735.00 S9.00o 00 $IS.735 O0 2.235 c~ $27,200 lotal Etpenditures Net Income S6797~'~) S295.21,~ 02 S2~.912 5' 5560.126 5'} 119.5'3 41 $52.124.89 $62.44852 g114,573,41 Fiddler's Creek Community Developrncnl Dislric! Cost Comparison Detail Analysis Stem Total Costs Fhcal Year Percentage 1998 1999 Ch a n._..~a~ Administrative Supervisor Fees Engineenng Fees Attorney Fees Aucht Arbitrage Rebate Calculation Manager Trustee Fees Computer Sen'ices Assessment Roll Preparation Telephone Postage Printing Legal Advertising Office Supplies Dues. Lac., Suht Rentals / Leases Insurance Assessment Bdhng Sub-totals: Department Totals: Field .Management Sen'ices Other Contractual Telephone Office Supplies Dues, Lie., Subs. Travel and Per D~em Miscellaneous Operat,ng Sub-totals: Department Totals: $12.000 $12.00) 0% $10,003 $ g.c~)O -20% $1g,~) 518.720 55,500 55.500 53.5~ 53,500 0% S34,650 535.800 3% $4.5~ $4.500 0% 54.8~ 56.000 25% 50 SI.500 N'D 55~ 5500 5500 550r~ 51.8~ S l.S0o 0% S i .6~ 51 .~0 0% $6~ %00 0% 52~ 5200 0% :$3.600 $a.200 I S7,5~ 57.500 50 $0 0% $109.250 $112.420 3% SI 09.250 S112.420 3% $0 520.636 $0 $ 1.000 $0 5750 N,D $0 $50 N,"D S0 $100 N/D $0 S !,600 N/D $0 524.136 N/D ~'~~ 24.136 Fiddler's Creek Community Developmeat District Cost Comparison Detail Analysis Item Total Costs Fiscal Year Percentage 1998 1999 Chun e~a.~__ Water Management Servtce~ Fund Specific Co, ts Other Contractual Fountains Sub-totals: Department Totals: Lighting Services Fund Specific Costs Other Contractual Electflc~ty Miscellaneous Sub-totals: Department Torah: Landscape Services Fund Specific Costs and Servtce~ Other Contractual Improvements and Renovations Other Maintenance Sub-totals: Department Totals: Access Control Servlc~ Fund Specific Costs and Services Other Contractual Rentals / Leases R & M Fuel R & M Parts Insurance Operating Supplies Capital Outlay Sub-totals: Department Totals: S16.500 $40.000 142% S0 S40,000 S16.500 580.000 385% S16.500 S80.000 385% $2.600 $3.60q 38% $8.000 513,862 73% 50 S I .cd)0 ND $10.600 $I,~ -162 7.1% Sl0.600 518.462 74% S260,000 $600,000 13 I% $20.000 520,000 0% S 1.200 S0 - 100% $281.200 $620.000 120% $281.200 $620,000 120% $130,000 $154,651 19% $0 57,700 N/D $0 $2.700 N/D $0 $1.050 N/D $0 S 1.500 N/D $2,700 $ I0,000 270% 50 $0 100% 5132,700 5177.601 34% $132,700 $177.601 34% [tern Fiddler's Creek Community Development District Cost Comp.',rison Detail Analysis Total Costs Fiscal Year Percentage 1998 i 999 Change Roadway Sera,ices Fund Specific CosLs and Services Other Contractual Sub-totals: S32,250 520,000 -38% S32,250 S20,000 -38% S32,250 S20,000 -38% Department Totals: Irrigation Services Fund Specific Costs and Services Electricity Repairs and Maintenance Potable Water Supply Sub-totals: 536,000 $2.000 .9.r;',, $0 $5.000 N D $34.000 S90.000 165% $70,000 597.000 39% $70,000 597.000 39% $0 55.000 N D S0 S5.0o0 N D 50 S$.000 N/D Department Torah:. Parks and Recreation Repairs and Maintenance Sub-torah: Department Totals: Contingencies S27,200 S20,000 -26% Other Fees and Charges Fund Specific Cosls and Services Tax Collector Property Appraiser Revenue Rc~ervc Sub-totals: Department Totals: Total Operations: Revenue Reserves: S0 $1.315 ND $0 5658 N,D $0 $2.630 N,'D $0 $4,603 N/D 50 $4,603 N/D S679,700 S1,179,223 73% s0 Total Appropriations: 5679,700 51,179,223 73% R~'.ve n u ~s: In.rest and Miscellaneous Income Developer Contribution Unappropriated Fund Balance ° Assessment Le~? Expenditures: Professional Fees: Supervisor's Fees Engineering Lc§al Audit Arbitrage Management Trustee Fees Administration Services: Computer Settees Assessment Roll Preparation Telephone Postage & Reproduction Printing & Binding Legal Advertising Office Supplies Subscriptions & Memberships Rentals & Leases Insurance Assessment Billing Field Management Set, ices: Other Contractual Telephone Office Supplies Subscriptions and Memberships Travel & Per Diem Operating Supplies Fiddler's Creek Community Development District Budget Fiscal Year 1999 General Fund I01 Total Revenue: $5.00C $C S114,573 $ 1.059.65C S1,179,222 Total Professional Fees S 12.00C S8.00C S18.720 S5.500 S3.500 S35,800 S4,500 S88,020 $6.000 $1.500 $500 $500 Sl.800 S 1.600 $600 $200 S4,200 $7,500 SO Total Administrative Services ~ Total General Overhead Services S20.636 S!,000 $750 S50 SlO0 Sl.600 $24,136 Fiddler's Creek Community Development District Budget Fiscal Year 1999 Water Management Services Shared Costs and Services O~her Contractual Fountains Capital Outlay Lighting Services District Specific Costs and Set, ices Contractual Ser'.ices Electrici~ Miscellaneous Landscaping Maintenance Services Shared Costs and Services Other Contractual Improvements and Renovations Access Control Services Shared Costs and Services Contractual Services Rentals and Leases Repairs and Maintenance Fuel Repairs and Maintenance Pans Insurance Operating Supplies Capital Outla} Roadway Services District Specific Costs and Services Contractual Services General Fund 101 Total Water Management Services S40.001 S40.00( $¢ S80,00~ Total I.ightinl~ Ser% ice~ S3.60( S i 3.86; $18.4 6,~ Total Landscaping Nervices S6O0,000 S2o.00o $620.00~ SI54,651 $7,700 S2,700 Si.050 S1,$00 $10.000 $0 Total Access Control Se~ices Sl77,601 $20,000 Total RoadwaySe~ices S20,000' Irrigation Supply Ser~ices District Specific Costs and .Services Electricity R& M Potable Water Charges Fiddler's Creek Community Development District Budget Fiscal Year 1999 General Fund I01 Total Irrigation Suppl3~ Services S2,00( S90.00( S97,00i Parks and Recreation District Specific Costs and Ser~*lces Repairs and Matntenance Contingencies Tntal Park~, and Recreation Nrr~ ice~ S2O.00{ Other Fees & Charges District Specific Costs and Ser,,ices Tax Collector Property. Appraiser Revenue Rcse~'e Tolal Ser~ ice Total Other Fees & (Tharge~ ,.~ o~s Fiscal Year Description Uni ! 998 1999 Assessment 1075 $720.06 [ S985.72 The Assessment Le~? equaN the Total Appropriations minu~ alt o:her revenue Tolal Appropriations, Revenue S I. 174.62 $1,315 S2,630 S4,603 8 Fiddler's Creek Community Development Distri¢! Budget Fiscal Year 1999 General Fund 101 Personal Services Supervisor's Fees The amount paid to each Supervisor for thc time devoted to the District business and monthly meeting~. The amount permitted is $200.00 per meeting for each member of the Board. Since there are fi~,e (5) member~ ofthe Board and thc Board meets on a monthly basis S 12.000 is recommended. Professional Ser~ ices Engineering Consists of attendance at scheduled mee:mgs of the Board of Super~,v, or's. ,,ffermg advice and consultation on all matters related to the works of the I')tstrict. ~uch as Bids fi~r .~ earl.,,' c,*v. tracts. ~,perating polics, compliance ~ ith regulatory, perm ~t~. etc.. Legal Requirements fi)r legal scr,.iccs are esnmatcd a: an annual expenditure of S IS.v2~L and also cover such items as attendance at scheduled meetings of the Board Supervisor's. Contract preparation and re~ ie~. etc Audit The District is required to annuall.', underlake an independent exammahon ~,! books, records and accounting procedures 'l"h~s audit is conducted pursuant I.a~ and the Rules of the Auditor General Arbttrage The District is required to prepare Arbitrage Rebate Calculations for each ~)f it's B,md Issues. in accordance a ith the Tax Reform Act of 1986. Management The District retains the services ora consulting manager, who is responsible for the daily administration of the District' business, including an~ and all financial work related to the Bond Funds and Operating Funds of the District. and preparation of the minutes of the Board of Supervisor's. 'In addition, the District Manager prepares the Annual l'~udget{s), implements all policies of the Board of Supcr~ and atlends all meetings of the Board of Super~ isor's. Trustee Fees In 1996. the District ~sued Bonds for the construe:ion of it's facilities Purxuan: m thc Bond Re~lution. a Trustee ~as selected h) administer the ~ariou~ ~count~ e~ta~hShe,J SI2.00( $8.00( $ I 8.72( $5.50~ S3 $35.800 T.tal Profensinnal Ser~ ices: S88,020 Fiddler's Creek Community Dcvclopme,t District ' :Budget Fiscal Year 1999 Administrative Service~: Computer Services General Fund 101 For .ger.'ices rendered in the daily operation of the District Assessment Roll Preparation- See Exhibit Telephone Postage & Reproduction Printing & Binding Legal Advenmng Office Supplies Subscriptions & Memberships Rentals & Leases Insurance The District carries Public Officials Liabthty and General Liabili~,. Insurance with policies written by the Florida League of Cities. The Limit of Liabilits for this coverage is set at $2.000.000.00. Assessment Billing Not applicable for Fiscal .,,'ear 1999. S6,00( $1.50{ S5O{ SSOd Sl.80( S 1,60C S60C S200 54.200 S7.500 Total Admini~tralive Sets ices: S24,400 Fiddler's Creek Community Developmen,: District Budget Fiscal Year 1999 General Fund 101 Field Management Services Fund Specific Costs and Services O~her Contractual As pa~ of the consulting managers contract, the District re~ains the services of a Field Manager. The Field Manager is responsible for the day to day field operations The~e respons~bflmes include, but are not hm~ted to. prepanng and bidding of scrvtces and commodmes, contract admmistratmn, bmng and maintaining qualified personnel. prepararatmn of and implementation of operanng schedules and policies, insuring comphanc¢ w~lh all operating i~rrrlits, prepare and implement field operating budgets, provide mformat:,m educatmn to public regarding District programs and attend Board meetings. Thin ser~ ~c¢ charged al a base ta~c ,ff $50~ ,.,. ith an a,td,mmal percentage charge of 1'?,. of :he ~,,tal fund budget The follo~ mg categories ar,: o',n,~Mered to be ,nciden',al to the dail) operation of the [)tstrtcfs [ ~cld ~ per d~,m Telephone Office Supplies Subscription~ and Membcr,hlp~ Travel & Per [hem Operating Supplies Total Field Manal~ement .',;ervices: $20.636 S 1.0~] 5750 $5O 5100 S 1.600 $24,136 11 Fiddler's Creek Community Development District Budget Fiscal Year 1999 General Fund 101 Water Management Sera'ices: Fund Specific Coats and Sen'ices Other Contractual The District Contracts with a qualified contractor on an annual basis for the control of unwanted vegetation within the communlt}."s ,* ater management system that ma.,,' other-.~ become unsightly and impede the flow of water. It is prOJected that there v,'ill not be an.', additional lake acreage during Fiscal .,,ear 1999 The costs projected are based upon the hi,tot'.cai costs per acre. Fountains It is antIcipated that the District v, ill assume operation and maintenance respons,bihties for six (6) large scale fountains in the main entry, lakes to the communi~.. The costs shown are estimated to cover the routine maintenance and electrical requirements Capital Outla.,. There are no capital outlay requirements anticipated for Fiscal Year 1999. Total ~,~,'aler Manallement .%er~ices: St reetlighting Set~ ices Fund Specific Cosls and Serxicrs Contractual Services The District currentl.~ sub-contracts with a licensed electrician for street light, signagc. and landscape lighting repairs. The costs projected are based upon historical costs taking into consideration existing and additional facilities for Fiscal Year [qQq. Electricity, Pursuant to thc .',grcemcnt with FPL for bulk electric service, the Distr.ct ss charged on a monthly basis in accordance with rate schedule SL-I (revised ) on a per street light / per month basis. Type Quanmy Charg¢ An.nuat cn~:~ 100 Watt lIPS 60 150 'War., liP,"; lO0 $3 76 $4.512 Signage IAghtlng I. S k S $7.500 Miscellaneous This categor?' covers costs associated v, ith any unforeseen costs that may be incurred by this Department during the year. Total Lip.,htinp..%rvice,~: $40.00( $40.00( S80.00~ $3.600 SI3.862 $I.000 S18.462 12 Fiddler's Creek Community Development District Budget Fiscal Year 1999 General Fund I01 Landscaping Sec'ices Fund Specific Costs and Sera'ices i Other Contractual The District maintains a contract with a qualified contractor for thc performance of high :~,::~.quality landscape maintenance. The contract provides for the equipment, labor and · materials. Historically. the District has paid S.50 per square foot per year for this service. The District currently has approximately 830.000 square feet and is anticipating an additional 370.(aJO square feet for Fiscal .',ear 1999. Improvements and Reno,,ations The District's plant replacement program ss intended to provide for the replacement and renovation of the landscape material and irr;gation s)stems as may be nccc~aD a~ thc program begins to increase in age. S600,00( S20.00{ l,)tat t.and,,cape -%er~ i¢¢,< S620,00~ Access Control .%r~ ices Fund Specific Costs and Sern ices Contractual Scrx'ices The District maintains a securir:' contract with a qualified Securit.~ Company ~h,ch tabor and certain equipment for the nightly patrol of the District. The contract pro,.ides for a the Boulevard gate guard 74 hours a day- 7 days a week. the Championship Dri,.e gate guard 12 hours a day- 7 days a ~'eek and a roving patrol 12 hours a day- 4 days a week. The total hours projected are 15.312 at a projected hourly rate of $ I 0. I 0. Rentals and Leases This categoD, provides for the three (3})'ear lease ora patrol vehicle that is estimated to cost $21.000.00 Repairs and Maintenance Fuel This categor), covers the fuel costs for the ~,ehicles utilized by the Department. Repairs and Maintenance Parts This categoD covers the maintenance costs for the vehicles utilized by thc Department. Insurance This categoD. covers the cost of insurance for the above mentioned vehicle Operating Supplies This category.' covers the costs associated miscellaneous supplie,~ used dunng the dad,. activities of the Department. This U'rill include office supplies and daily pas~e~ Capital Outla.~ There are no capital outlay requirements anticipated for Fiscal Year 1999. S 154.651 $7,700 S2,700 51.050 $1.500 $10,000 13 Total Access Control Sera'ices: Si77,601 Fiddler's Creek Community Development District Budget Fiscal Year 1999 General Fund 101 Roadway Services District Specific Costs and Services Street sweeping Contractual Services Currently the District utilizes the services ora sub-contraclor for this service. The cos~ projected are based upon historical costs taking into consideration that there will not be any additions to the roadway system for Fiscal Year 1999. Irrigation Supply Services Operations The D,stnct currently mature,ns the commum~'s Irngatmn pumping facility until such as it will he turned over to Colher Count).. The cost proJected are based upon h,stor~cal Electricity $2,000 R & M 55.000 S7j3X) Potable Water Charges The Distr~ct currently receives bulk Imgatlon water from Collier County at a cost of $1.97 per thousand gallons. The District will receive an average of 125,000 gallons a day that will be distributed to the commumty through the pumping facility. Total Roadwa.s Ser~.ices: 520,00~ S20.00~ S7.004 Total Irrigation Supply Ser, ices: Parks and Recreation Repairs and Maintenance The District ant,c~pates assuming the operation and maintenance responsibilities for the parks ~,lthin the community dunng Fiscal Year 1999. The cost projected is estsmated. Contingenckn Other Fees & Charges Tax Collector Fees are based on F:scal Year 1999 Assessments to be collected The Tax Collector's fees are r.,.'o (2) percent of the assessments collected The resident;al assessments will go on the tax roll for Fiscal Year 1999 Property Agprat~er Fee~ are based on F~scal Year 1999 Assessments to be collected. The ProperLy Appraiser's fees are one ¢ I ) Percent of the assessments collected. The residential assessments will go on the tax roll for Fiscal Year 1999 Revenue Reser,.'e The District currently reserves, and State Law permits the D~stnct to appropnate 96% of estimated revenues, wh:ch will cover discounts and non payment of assessments. Thc residential assessments will go on the tax roll for Fiscal Year 1999 $97,00~ SS,00O Total Parks and Recreation Services: S5,000 $20,000 Total ¢;eneral Fund 101 Ser,,ices:" M.174,620' $1,315 S658 $2.630 Total Other Fees & Charges Total Appropriations $4,603 $1 ,179,223' 14 Fiddler's Creek Community Development District Budget FtwaJ Year 1999 Debt Sen4ce Fund 201 Statement of Revenue, Expenditure~ and Changes in Fund Balance For the Fiscal Year Ending September .30. 1998 Actual Anticipated [oral Budget Received or Expended ~-Iscal Year FY 98 513 I,~8 Thru 9']0,9f~ 1998 Vaflantq Favorable unfavorable~) Pnnctpal Prepayments SO S536.660 SI-12.032 ;o78.692 Assessment Levy S0 SO sO lnteres: Income S 167.650 S ! 20.585 (347.065 $ ] 6~'.650 Total Revenue $1.515.750 S657.245 $159.097 $~46.342 Appropriations: Principal Prepayments SO 50 50 -S0 Pnncipal Retirement 50 S0 50 50 Interest Expense $ i.515.750 $1.515.750 SO S ! .515.750 Total $1.515.750 SI.515.750 ($669.405) S4.242,950 Appropriations S 1.5 i 5.750 Net Income Fund Balance Sep~eiiiber 30. 1997 (Audit) 50 S716.250 .~8 .... 06 $716.250 SO $971.786 15 Reserved for Debt ServicefAIl Years) Reserved for Debt Sen'ice(Fiscal Year 2000): Pnnopal on Bonds Due 1 l'l 99 Inlerest Ex,nsc Due I I. I..99 Reserve for Future Services Unappropriated Fund Balance September 30. 1998 (S669,40,~) $0 SO SO Fiddler's Creek Community Development District Budget Fiscal Year 1999 Debt Service Fund 20 ! Unappropriated Fund Balance-October I, 1998 Assessment Levy Interest Income Appropriatmns: Debt Service: Pnncipal Prepayment Principal Debt Retirement Interest Expense Adminstrative: Accountmg Services Computer Service~ Dissemination Agent Special Assessment Preparation Other Fees & Charges Tax Collector Property. Appraiser Revenue Reserve Total Revenue: $971,786 51.727,208 $108.845 $2.807.839 Total Debt Serx'lce: $745.000 $.135.000 1.490,438 $2.670.438 $3.600 $2.500 55.000 $10.000 $2 I, I00 Tntal Fees & Charges: S32.882 516.273 S67,146 $116,301 Total Approprsatlons: $2,807,839 Revenue Summary: Fiddler's Creek Community Development District Budget Fiscal Year 1999 Debt Service Fund 201 16G Re.rye AccouBl: The Bond Resolution authon2ing the issuance of the .genes 1996 Bonds cstabhshed th~s account and provides that Ihe Bond Reseta'e Requirement shall be an amount equal to the maximum amount of pnncipal installments and interest payable m any .','ear on all bonds outstanding. The monies in the Reserve Account. to the extent of the bond reser,,-e requirement, are not avadablc for any purpose other than the payment of the pnnc~pal mstaUmcnt and interest on the bonds Reserve Requirement S 1.885.506 The District has m~ ested the renerx.e funds tn the follo~ rog: L'S l' reasuD. Money Market 5.000",, $ { .,~.~5.506 $1.885.506 Ther~ investments are tn accordance with tho~ permitted as outhned m the Bond Indenture Debt Service Accounts: The Bond Indenture authorizing the issuance of the Series 1996 Bonds established six (6) Debt Service Accounts to track the flow of funds from the receipt of momes through thc Payment of Debt Service: The following are the accounts v,'hich have been established pursuant to the Bond Indenture. Bond Sinking S0 Interest Account S0 Redemption Account SO Prepaymem Sub-account $14.600 Revenue Account $0 Rebate .,\ccount S0 $14.600 $9,1,245 .60O 17 Fiddler's Creek Community Developmerd District Budget Fiscal Year 1999 Debt Service Fund 201 Appropriations: Debt Service PI ~nclpal Prepayment Principal Retirement- May I. I'D9 Total Principle Expense. Interest Expense for the period ending November I. 1998 for the period ending May I. 1009 $745.000 $a35,00o S 1. i 80.000 S732.563 Total Interest Expense: $1.490.438 $2.670.438 Administrative Accounting .";CrVlC es Computer Serv,ces Dt,v~cmmallOn ~ilen! The District must comply a'tth the requirements nf Rule I 5c2. ] 2 of the SI!(' requiring periodic fihng of' reformational data with the National Repos~tortes Special As~eqsment Preparation 'I'he Dl~tr~ct ~s required Io prepare and maintain a special assessment roll f,~ee attached e'~hlb,O Total :\dramatical:ye' $1.600 $2.500 S10.000 $21.1{~ 18 Fiddler's Creek Community Developmeht District Budget Fiscal Year 1999 Debt Service Fund 201 Other Fees & Charges: Tax Collector Fees are based on Fiscal Year 1999 Assessments to I~ collected. T'ne [ax Collector's fees are ~'o t2) percent of the assessments collected. 16al. $32.882 Propergy Appraiser are ba~ed on F~scal Year 1999 Assessments to be collected The l'r.perL~ Appraiser's fees are one ( I ~ percent of the assessment~ collected Sl6.273 R e','¢nti¢ 'Fne District currently reserves, and State Law permits thc [),smct to appropriate 96% of cremated revenues, which will cover dlscount,~ and n~,n payment of as~ssments. Total Other Fees & ('harge~ Total Appropnat~on~ 567.146 $116.301 $2,807.839 lg Exhibit SPECIAL ASSESSMENT ROLl. PREPARATI¢)N Public Workshops :and Communications Effective communlcalions with property owners is essential to thc posture outcome of any pubhc heanng and assessment process. Moyer & A,s,~iates realizes the fact that essentially thc ('l)l) Is here for thc benefit of the property owners and that they should enjoy a sense of og ncrsh~p. That sense of o~'nershsp by the property owner Is achzeved through excelle,t hstcmng skdls as xg ell a~ ~ crbal and written skills Overs-less of Special Assessment Sers ices One of the key elements of financing for a Community Devcl,pment lh~tr~ct (¢'1)[)) ~s thc at. lhtv to les-.,,' and collect non ad valorem special assessments These assessments coxcr a broad range of ~erx ices provided by the CDD. '~hlch ,ncludes the constmcmm of ~ts capital mtraqm~mre and ult~matelv the operatmri and maintenance actlx itles of thc CI')D In order for thc CDD to levy and c~llcct an a~scssmcnt. Flor,la Sta:u:c~ rcqt,,'c that thc adhere tn a &mcr burden ofpr~fand place& thc cmpha~ on techmcal ~,,mrc:cncy. r~ur ~cam expcn~ arc ~upenor m meeting ~c rcqmremcn~s ,f the ]a'~ being ~blc t,~ 7r,,~ ~<lc -'~ hers. regulat~' agenc:e~, bond holder~, a~lthl-r~ and c~hcr~ a~ctJra:c InfiqHla:~l a~ les ~cs special a~sessment~ Scope of Services 1! ]', prnpo,.ed that Mr)yep Continually rc~ ~c~' and maintain ~hc ex~stmg ('[)I) a~c,~mcnt Prepare and mamt~m a proper~y d~laba~c by u~,ng Inf,~rmat,)n tsbtamcd ~x' h,cal pro,ny mppra~serm secured roll. · P{rcel d~ info~tlO~ I$ to ~ reviewed and compared t, prmr years rolls, to insure lhal the CDD rolls are in compliance with the las ~nd ~t Mo>er & Assoc,atcs has all the ~mneni mfo~ti~ to prepare accurate a~se~ments · ~s d~tabase will ~ u~ted ~n~ically ~th any and all acnv~ty that has occuned I~ c transfer of title, recording oFphL p~ymem ,ff{nnual a~essmcnt, prepaymen~ grmcipal.) Pcrfo~ parcel research ~ ~th thc master developer to enhance thc ,n:~ahon available t,, Fropc~' o~mcrs, bondholders and Board of SuFc~ ~or~ 'Ibis funct,,n has pr.x ed mbc helpful m understanding ~c impact of thc CI)D's a~sessment of the propcr~y Act as the pnmaE.' c,mtact to answer properly o'~ner qtlcsl.)n~ regarding ~pcclal as~e~mcm~ tax bills, tlc. Prox~de pay off mfo~at~on upon reque~ to property owner. Transmit mx roll ~ ~th annual special assessment amount~ to :ax collector m fi~rmat tcqum:,t by individual count' iax collector ffassessment ss to be invoiced and collected by I~al count' tax collector. Invoice prope~ owners sf thc assessments are not to be mvmccd and collected by ~e local coun~ tax collect,r. Developer Roll Prcparauon · A separate database ~s required to track the developer reqmrements based upon the Board adopted assessment methodology for eacE bond isstie In addmon Moyer & Associates ~.lll m'.'o~ce the master de:eloper for all financsal reqmrements (~e. annual density reduction fcc. pnnctpal buy dog'n amount} 2O Bond Issue/Bond Refinancing * After closing of a bond financing, prepare an outline of the specific bond terms, assessment methodology, developer agreement, etc. to document all requirements and their time tables to ensure the property ownen, bond holders, Board of Supervisors that all requirements are met. Special Assessment SerMces The fees for Special Assessment Services would go into effect when thc CDD determines that thc leW of special assessments for the capital infrastructure financing or the operations of the CDD are required. Operations (General Fund): Base Annual Fee ( I - 500 transact,OhS) $ 3.000 {fOl - I.OOO transactions} $ 5.CKa) (Each addmonal 250 transachons} $ l.OOd) Base Annual Fee for each additional general fund ( l - 500 tzansachons) $ I..~00 (501 - 1.0OO transactions) $ 2.500 (Each additional 250 transactmns) $ 500 (The Base Annual Fee on thc original general fund will only be charged m the event of no debt service fund. Once a debt sec'ice is established, the addshonai general fund fee u. dl apply to each general fund. See cap~tal infrastructure financing below I Capital Infrastructure Financing (Debt Service Fund): Base Annual Fee ( I - 500 transactions} $ 5.000 (501 - 1.000 tzansactions) S 7.500 (Each additional 250 transactions) $ Base A.'mual Fee for each addmonal debt seer:ce fund (I - 500 transact:ons) $ 2.50,, { 501 - 1.0OO transact:ohs) $ .Lc)cd~ {Each addmona] 250 transactions) S I.;g~O Base Annual Fee for each general fund (! - 500 transactions) $ 1.500 (501 - i,000 transactions) $ 2.500 (Each additional 250 transachons) $ 500 Fee for developer roll Fee for refinancing existing bonds Fee for establishing new bond issue $ 5,000 $ $ 5,000 21 16&l Id Il oo 00000 00000 00000 00000 · 16G1 16G1 ,( M ,.1 0 ~o. ,.3 '" 2: 0 §~ooo~o 16Gl .: o o {JO 0 0 0 0 ..... B .... Il III en,n ......... oo ogo 0 0 000000 0 000000 ~ .~oo°:° : o o o o oo~ o o o u ~o o o o o .,; Z ,; o°~o~ ~ 000000000 ~ 000000000 ~ 000000000 000000000 M M G r~ 000000 :3 G~ f: 0 oooOoo~ 0 o 0 ~oooooo o o o o 1661 ..~ 1 o o ooooo o o o 'z 'I March 11, 1999 Clerk of the Circuit Court Finance Department 2671 Airport Road. Court Plaza III P.O. Box 413016 Naples. Florida 34112-3016 Attention: Timothy J. Gillett Clerk of the Circuit Court Subject: Fiddler's Creek Community Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Dear I~,]r. Glllett: Pursuant to Florida Statues, Section 218.32{1)(b), enclosed please find the followmng: General Purpose Financial Statements September 30, 1998. 2. Managemenl Letter, and Management Letter Commenls. 3. Local GoVernment Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT I Randolph G. White Director of Enanc~al Serwces RGW/Ids Enclosures FIDDLER'S CREEK CO?,I?,IUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR TIlE YEAR ENDED SEPTEMBER 30, 19~)8 Independent Auditor's Report .................................................... i Gcncral Purpose Financial Statcmcnts: Combined Balance Shect - All Govcmmcntal Fund Types and Account Groups ................................................. 2-3 Combi~,cd Statcmcnt of Rcvcnucs, Expenditures ar.d Changes in Fund Balances - All Governmental Fund Types .... : ........................................... 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Debt Sen'ice Funds ........................................ 5 Notes to General Purpo.~ Financial Statements ................................ 6-14 Other Auditor's Reports: Report on Compliance and Internal Control over Financial Reporting Based on an Audit of General Purpose Financial Standards Perforated in Accordance with Governmental Auditing Standard~ ................ 16- ! 7 Managcmcnt l.cttcr ......................................................... BoL'ro,x & A P ~,RTNF~RNIIIP ¢)F i'R¢)I'I,%~,i~IONAL :~J ~, P~.l.'ql':l'If) PARK RI)AD..~I'ITJ-: .~0 BOCA R),T¢)"~. FL¢IRII~ .11.~1.~! 16Gl Mil II %1- I i I~ ~..',/K xl (iI"~. I' ~. ~.lt.'.ltll' R ol. II11'. '~,11'.1(1( 'A.S I~.N'I I[111.: I)J" I'[l~ l Il, Il, I)l'~ lll,l(~ II I'lJl % I'A.~T.~, Board ,d' ~t,?cr', J'q~r ¢ i-iddl,.'r'~ f'rcck (' ,mnmnip. l.~c~.¢lopmcnl District Naples. I I,,rid.,. V;'c ha'.c ,~:,Jlt.zd thc '.zcncral F.,.irp~,,,c l]nanci.iI %latenlents (,1' thc I-id,llc~'~ ('reck ('ornmunit~' 1 )c~ ch~pm,:m J )~qricL (thc "I )~tr~ct" J. a~ o1'. and l~r thc ye;ir cnded September ~(). I "qN. as listed in fl~c ~;d,',c ,,~ o,n~cnt, lh,:,c ~cncral purpose financial ~latcmcnt,..,re Iht responsibility of J'J(Idicr'~ ( 'rck'k (',,mm,~dl~ J)cxcJ,,pmcnt ])islricl's management, f )ur re'.p, msibllilv is t~, exprest¢ an opJni~,n ,m thc~' ~cncraJ purp~,~e l]nanciaJ st;llemenls b,l~d on our amlil. We conducted ~mr audit in accordance ~,.ith generally accepl~d auditing qandards arid (~vernmenl ..fu, filJn, z Sl, m,/¢zrd~, i~,ucd h~ Ibc ('omptroll~r (ieneml of the J [nited Statc~. I ho~ standards require thai ~ c plan and pcrfi,rm thc audil to ~hlain rca~mable ~ss,rance a~mt ~ hclher lite ~,.eneral financial ~;,~cmcnts arc frcc ,,1 material misstatement. An at~il includc~ ~'xarnining. on a test basis. c'. idcn~c ,upp,,~T~n~ thc afll~,ti[ltq ,1110 disclosures in the general purpo~c tinancial ~l;itcmcnts. An audit al,,, tnc!u,l~.s a.,**'<-;in~ thc acco,rating principles used and significant estimates made by mar~a~crncnL a* ~kcll as cx;~Juallng the overall general pu~se Iinancial ,t',lte,lenl presentation. We believe lh.~t ,,ur audiI pr,~ id¢~ a reasonable basis fi)r our opinion. In ,,ur ,,i,~mc,n. ~t~c gcncr.d imrp,,,,¢ I]nancial '~latemenls referred t~, ab~,ve presenl Iilirl.v. in all matcri,d rc~,pc,_~,,, thc lin,racial f,o,,ition of thc Fiddler's (.'reck (.'olllllll. lllit~' I)cvcMpment l)istricl. Naplc,,. I'l,,rida. a,~ ~,1 Ncptcmb,.'r 3{L Ig*}N. and thc results of its opcration,~ f-r the ~'car then ended. in coniC,tm il', ',', ith :'.cm.'rail', m. ccptcd acc~mnling principle,~. III aco,r,l,:ncc '.~ith t ,,,~ ,',',m,,,.,,'z It. hit,:,.; .~'l~t~iiJd,'t]~. ~.~,'~.' JlakC il]-~, ix-,IC,] ,I topi,ri ditlcd J)cccmbcr 7 , l 'Jt),~ ( , [ ] J J ~ ] ~ .... [ ] ,]kJk'r,l[l, :Il , ,t [ hl~]ik'F' ', ('reck ( ':mlmtlnity l)ck el, IplliClll I )lslrlCl '~ intcrllal cJ.llrol P, oca Rah,ri. I h,rid;i l)ccembcr 7. t'~')N -1- ~ CD, 16Gl Variance- Variance- Favorable Favorable $ I) $ 784.478 $ 78a,478 $ 674,700 $ 1,459,178 $ 784,478 167,650 17%136 11,486 172,650 170,136 6,486 167.650 963.614 795.96-I 847.350 1.638,314 790,964 0 0 0 12.000 7.400 4,600 0 0 0 97,250 89.249 8,001 0 0 0 109,250 96.649 12,601 0 0 '0 570.450 502,879 67,571 0 0 0 570,450 502,879 67.571 1,515,750 1.515.750 0 1.515,750 1,515.75C 0 1,515,750 1,515,750 0 2..____,195,450. 2.115.278 80,172 (1.348,100) (552,136) 795.964 (1,348,100.).. (476,964) 871,136 FII)I)I.ER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTE 1 - SL;MM:\RY OF SI(;NIHCANT ACCOUNTING POLICIES Fiddler's Creek Community Development District (the "District") iq a local special purpose government unit. created in Naples. Florida in July 1996, pursuant to Chapter 190 of the Florida Statue, c:< as amended {thc "ACC). The District was established for thc purposes of financing and managing ',he a,:quisition, consu-uction, maintenance and operation of a portion of the infrastructure necessa0' for community development within the District. The Act, authorizes the District to issue bonds for fin~cing, lending, planning, establishing, acquiring, constructing, enlarging, equipping, operating and maintaining ~ater management, water supply, sewer, x,,';tste water management, bridges, cul',c<s, district roads, street lights, recreation, landscaping and any other basic infrastructure projects of thc District. Thc District is authorized to levy certain aqscssments which include benefit and maintenance assessments and to Icvv special assessments for the acquisition, constn:ction or reconstruction of asb;csx:~blc i.-,qpr,~vcm..'nt.~. The assessments which may be imposed lbr thc purpose of paying principai :m,i interco< on its bonded indebtedness may be levied annually by the District. 'lEe governing N~dy of the District is its Board of Supervisors (the "Board"). which is composed of five Supervisors. The Supervisors are elected by vote of the Landowners of the District. Irc District cncomp,'ts.v, zs approximately 1,390 acres within the metropohtan Naples area of Collier Count?'. Florida. Approximately 3,500 units and approximately 33 acres ofcommercial property will be developed by 051 I.and l~Ioldings Joint Venture (the "Developer"). Thc acquisition and construction of certain improvements which sem'e the entire District and certain other improvements and infrastructure costs have been financed through the 1996 Special Rev,.'nue Bond. The bond will be payable l'r~un and secured by special assessments on the properly benefitted thereby. Basis of accounting refers to ~t'hen revenue and expenditures are recognized in the accounts and reported in thc general purp,,sc financial statements and relates to the t~ming of the measurement made. rcgardlcs~ of tee measurement focus applied. Measurement focus refers to what is being measured. The l)isrrict u-cs thc moditicd accrual basis ofaccounting for all Governmental Fund types whereby revenue is rcc~,znizcd ~hcn it becomes both measurable and available. Measurable means thc amount of thc transaction can be determined and available means collectible within the current period or soon enough thereafter to pa?' liabilities of the current period. The District considers all rLSSCssmcn;s a.q a','aiI:~blc ift}:ev are collected within 60 days alter year end. tx, one year availability period is u~cd for rcc(~gnition t,fatl other Governmental Funds revenues. Fxpenditures are recorded when thc related fund liability is incurred, except for principal and interest on general long-tcm~ debt which are recorded as expenditures in the year due. -6- Fil)I)I.ER'S CREEK COMMUNITY DEVELOPMENT I)ISTRICT NOTES TO GENERAl, I'URPOSE FINANCIAL STATEMENTS NOTF. ! - .%ILM.MARY OF SIGNIFICANT ACCOUNTING POLICIES (Contin Thc acc,)unts of the District arc nrganized on the basis of funds and accot,nt groups, each of which is considered a separate accounting entity. The transactions of each fired or account group are accounted for x~ith a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, rcvcr',ucs and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which thc.,,' are to be spent and the means by which spending activities are controlled. The various funds nrc grouped by type in the financial statements a.s follo'.~'s: Govern ment Fund Types - These fund types are accounted for using a c'arrent financial resources measurement fi<u.,;. This means that only current assets and current liabilities arc generally included in the balance sheet. Accordingly. the reported undesignated fund balance (net current assets) is considered a measure of availaNe, spendable or appropfiable resources. Therefore, Governmental Fund Type operating statements present incre,t,;cs (revenue and other financing sources) and decreases (expenditures and other financing uses} in net current assets. The Government Fund types of the District arc. General Fund - The General Fund is the general operating fund of the District. It accounts fc, r all financial resources, except those required to be accounted tbr in another fund. Debt Scr~'ice Fund - The Debt Service Funds is used to account fi,r the accumulated rcsourco; for thc payment of general long-term debt principal, interest and related costs. Capital l'rojects Fund - The Capital Projects Funds is used to account for financial resources tn be used for the acquisition or construction of major capital projects. Account (; ro u ps - The General Fixed Assets Account Group and thc General l,ong-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. The account groups of the District are: General Fixed Assets - This sell:balancing account group is used to account for all real propcrt:,' and tangible assets of thc District which cost $500 or more and have an estimated useful ii!L' of more than one .','ear. General l,nng-Term Debt - This self-balancing account group is used to account fi~r thc outstanding principal amounts of long-term debt of the District. -7- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAl, PURPOSE FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fixed assets used in Governmental Fund Types are recorded in the General Fixed Assets Account Group. All fixed assets, including public domain infrastructure, are recorded at cost or estimated historical cost il' actual historical cost is not available. No depreciation has been provided and no interest has been capitalized on general fixed assets. Investments are stated at cost. 'Ihe District rep,,rt.~ long-term debt funds at face value in the general long-term debt account group. For governmental fund t?pcs. Nmd discounts and issuance costs are recognized in ',he current period. Bond proceeds arc reported as another financing source net of discount. Bonds were issued to finance capital improvements, therefore, issuance costs were reported in the capital project's fund. Designations of fund equity 'are used to show the amounts within unreserved equity which are intended to bc used for specific purposes but are not legally restricted. The District has adopted annual budgets for the General and Debt Service Funds on the modified accrual basis of accounting which is consistent with generally accepted accounting principles. The District follows these procedures in establishing budgetary data for the General and Debt Service Funds: · Thc District management submits to the Board of Supervisors a proposed operating budget for thc fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. · A public hearing is conducted to obtain public comments. · The budget is adopted by approval ofthe Board of Supervisors. Estimated beginning fund balances are considered in the budgetary process, but are not included in the financial statements as budgeted revenue. -8- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTE I - SUM.',IARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) BudgetaD' t'olicy and Practice (Continued) The General fund and Debt Service fund appropriated budgets are prepared on a line item basis. Revenues are budgeted by source and expenditures are budgeted by department and class as follows: personal ser~'ices, operating services and charges, capital outlay and transfers for debt service. · Expenditures may not legally exceed appropriations. Once approved. He Board may amend the legally adopted budget when unexpected modifications are required in estimated revenues and appropriations. Budget amounts, as shown in these financial statements are as originally adopted or as amended by the Board of Supervisors. · .,\ppropriations lapse at year-end. Encumbrance accounting, under v,'hich purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not used by the District. Special :',~essments Under certain Florida Statutes. the District has the power to lew special assessments on specially benefitted lands, within the District to pay principal and interest on bonds issued and to provide for sinking or other funds established in connection with such bond issues. Special assessments are generally levied each year after formal adoption of the District's budget and become due and payable on November I st. Special .',ssessments are recognized as revenue when levied to the extent that they result in current receivables. There ',,,'ere no special assessments levied at September 30, 1998. Total Columns on Cotnbined Statements Total columns on thc combined statements are captioned "Memorandum Only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present financial position or results of operations in conformity with generally accepted accounting principles. -9- FII)I)I.Elit'S CREEK COMMUNITY DEVELOPMENT DIS'FRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS '1 NOTE 2 -CAStl AND INVESTMENTS Thc District's cash policy allmYs doD)sits to be held in demand deposit or money market accounts. At Septcm~r 30. 1998. the carrying anaounts of the Districts demand deposits were $130,289 with bank balances of 5,181.102. In addition, at September 30, 1998, the District had $5.938,097 in institutional m(,ncv market accounts. The monies are held by an institution designated as a qualified public dcF~sit~w and are invcs;cd in a money market mutual fund. Mutual funds arc not classified as securities. It is thc i)istric~'s D~licy fi~r all deposit.s to be made into and held by financial institutions designated by the Treasurer of thc State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. Collateral is pooled in a multiple qualified public dcv~sito~' institution pool with the ability to assess members and recover losses in the event of a default or insolvency. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and thc reporting requirements of the qualified public depository is defined bb' the Statute. The District has n,t experienced any material losses in its cash accounts and believes it is not exposed to any significant credit risk to cash. Thc District's F~licy allmvs investments only in: 1. Local ?vcrnmental surplus fimds, trust fi,rids or any intergovernmental investment pool. 2..";ccurities and Exchange ('ommission registered money market funds. 3. Savings accot,nts in state certified qualified public depositories. · 1. ('cnilicatcs of deposits in state ccrtilicd qualilied public depositories. 5 Other ,bligatJons permitted under thc laws o£lhe State of Florida. NOTE 3 - CtlAN(;ES IN (;ENEliAI~ FIXEI) ASSETS Thc summar; of changes in general fixed assets for the year ended September 30, 1998. is as follo:~!;' Balance Balance ~' <!ober 1. September 30, ___ L'~__ ,Aat~ions ..12dm0n.x_ Construction-in-progress $10.771.557 $4,330.132 $ 0 $ 15.101,689 -10- FII)DLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERd,,L PURPOSE FINANCIAL STATEMENTS Bonds payable. October 1. 1997 Thc 1996 Bonds are the first series of Bonds issued under a resolution authorizing bonds not to exceed the amount of 5,93.295,000. The following is a summary of the 1996 Series Term Bond outstanding at September 30. 1998: Special Assessment Revenue Bond Series 1996 $ - Bonds issued Bonds payable. September 30. 1998 Original date of bond issue Final maturity date December I, 1996 May 1. 2018 Interest tale 7.50% The following arc the annual requirements to pay bonded indebtedness outstanding at September 30, 1998: Series 1996 Bonds (Due May 1, 2018): Year Ending 1999 $ .450,000 $ !,515,750 $1~65,750 2000 485,000 1,482,000 1.967,000 200I 525,000 !.445,625 1.970,625 2002 565,000 1.406.250 1,971,250 2003 610,000 1,363,875 1,973,875 2004-2018 ~ ~ ~ Totals ~ ~ ~ Thc proceeds of thc 1996 Bonds are being used to finance capital improvements, including surface waler management and control systems; water and wastewater facilities; roadways; landscaping and sccuriv,' walls: recreational facilities; security systems and parks. The proceeds will not be used for operation and maintenance or' these facilities. Payment of the principal and interest on bonds outstanding is collateralized by special assessments. -II- Fl DDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENEIL,kL PURPOSE FINANCIAL STATEMENTS NOTE 4 - BONI)S PAYABLE (Continued) Redemption Provisions The 1996 Bonds ma':', at the option of the District. be called for redemption as a whole, at any time, or in part on an,',' payment date. beginning May I, 2007. at redemption prices (expressed as percentages of principal amount) set forth in the following schedule plus accrued interest from the most recent payment date to thc redemption date. May 1. 2007 to April 30, 2008 May 1. 2008 and thereafter I01% 100% Thc 1996 bonds maturing on May I, 1999 are subject to mandatory redemption by lot prior to their scheduled maturity at the redemption price of the principal amount thereof, without premium, together with accrued interest to the date of redemption on May I of the years and in the principal amounts set forth below: 1999 $ 450.000 2000 485.000 2001 525,000 2002 565,000 2103-2018 18,185.000 Toml $ 20,210,000 The 1996 Bonds arc subject to extraordinary, mandatory redemption prior to maturity, in whole on any date or in part on any payment date, at the redemption price of 100% of the principal amount thereof, without premium, together with accrued interest to the date of redemption, if and to the extent that an?' one or more ofthe following will have occurred: (a) on or after the date of completion of the 1996 Project. by application of monies transferred from the 1996 .Acquisition and Construction Account to the 1996 Prepayment Subaccount in accordance with the reruns of the Indenture; or (b) prepayments shall have been deposited into the 1996 Prepayment Subaccount; or -12- i:IDDt. ER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NOTES TO (-;ENEIL&L PURPOSE FINANCIAL STATEMENTS NOTE 4 - t,,)NI)S I'AYABLE (Continued) lc) amounts or, degx)sit in the 1996 Reserve Account, on the date on which thc amount on deposit therein together with other monies available therefore, are sufficient to pa.,,' and redeem all of thc 1996 Bonds then outstanding. The bond resolution and trust indenture with a Florida bank established certain accmmts and determined the order in x~.hich certain revenues are to be deposited into these accounts as outlined in Article V of the Master Trust Indenture. At the time ol'thc delivcD' of the 1096 ISonds, the 1996 Resen'c Account wm,~ funded from proceeds of the lC~6 Bonds in an amount to tht: lesser of(a) the maximum annual debt service requirement for all ou'..,tandir:g b~nds. (b) 125% of the average annual debt service for all outstanding bonds, or (c) the lesser of (i) the aggregate of 10% of the proceeds of the 1996 Bonds or (ii) the principal amount of thc 1996 Bonds outstanding. At September 30, 1998, the Resen'e Account balance of $1.398.547 is included in the restricted assets ofthe Debt Service Fund. Assessments for principal repayments on bonds outstanding have been collected ms lots are sold during the fisc;,l 5'ear. 'l-he monies arc held by the Trustee until such time as the principal payments arc duc..At September 30. 1998. there arc $784,478 in assessments for principal repayment included in thc 1996 Reserve Account of the Debt Service Fund as described above. The 1996 [gond Indenture created the 1996 Interest Account. Per the Indenture, the Interest Reserve Account. togct!:cr with other amounts on deposit, will equal the amount of the interest payable on the 1996 Bond!, ?.t thc payment date. At September .~0. 1998, the Interest Reserve Account balance of$2.114.3I 5 is included in the cash and money market accounts of thc Debt Sen'icc Fund. -13- FIDDLER'S CREEK COMM'UNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS .NOTE 5 - RF.I.A'FED PA RTY TRANSACTIONS 951 Land f loldings Joint Venture. ("Developer"). is a major land developer and majority landowner of the District. in September 1996. thc Developer. as majority landowner of the District. elected the Board of Supcn'isors. Thc majority of thc Board are employees of the l)evcloper. For thc year ended September 30. 1998. thc Developer was billed $674.700 for operating and maintenance a~q<cssments. Thc amount due from Developer for the assessments at September 30, 1998. ~as NOTE 6 - ,MAN..\(;EM ENT AGREEMENT The District executed a renewal of agreement with a management company to perform management advisoo' service x~ rich includes financial and accounting advisory sen'ices. The District Manager and the ,,\s~istant District Manager ~rvc as the Secretary and Treasurer, respectively, for Fiddler's Creek Community Development 'District. Under the agreement, the District compensates the management company for such expenses as travel, express mail, research, uTord processing, long distance tclc?h,mc, postage, photocopying, courier and computer sen'ices. NOTE 7 - YE..XR 2000 DISCLOSURES In October 1998 GASB relea.scd Technical Bulletin 98-I, Disclo.~ures about Year 2000 Issues, requiring financial statement disclosures concerning compliance with Year 2000 issues for government's internal computer systems and electronic equipment and is effective for financial statements on which thc auditor's report is dated after October 3 I. 1998. Thc Year 21}~(~ issue once, repasses all computer systems and any electronic equipment dependent on microchip tcchn.logy and datc-.~nsitive coding. This includes the systems that produce financial information, ms well a.$. c,mputer systems and equipment that are a part of thc District's operational activities. For the fiscal year ended September 30. 1998, Iht District has received notilication from their vendor that the software they are using fi)r financial reporting is Year 2000 compatible. NOTE 8 - S[;IISEQUENT EVENT Subsequent ti, September 30. 1998.'thc District has authorized the County of Collier Tax Collector to lew all operating and main,chance assessments, as well as related special assessments for platted lots on bchalt'(ff the l)istrict. -14- ()TILER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA A PARTNF, R.SllIP OF PROFF,,gb'IONAL ASSOCIATIONS 2$0 w. PAI~".IET'I'¢) PARK ROAD. SI.,TrF, 34~. BOCA RATON. FLORIDA TELEPIIO.%T. Lg61)367-1040 FAX SEI,"t~FY A. B,'.'l.'f¢)",. ¢/ptt. p k MI¢;lfAEL I. D.'k'C, ZK.*,I.. C?'~. ROBERT A. ',IA.~EI~'~. f'P*s. P ;. ]"I3,1OTH'Y R, [:,E~.IA?,. tTP &. p A MI;SIRI,~R OF FIlE A.~II';RICAN OF CERTIFIED R'BI.IC ACCOt.'N'TA.'q'D; INI)EI'ENi)ENT AUI)ITOR'S REI'ORT ON COMI'LIANCE ANI) ON INTERNAl. CONTROL OVER FINANCIAL I~,EI'ORTIN(; BASEl) ON AN AUI)IT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFOILMED IN ACCORDANCE WITII GOVERNMENTAUDITING STANDARDS Board of Supervisors Fiddler's Creek Community Development District Naples. Florida We have audited thc general purpose financial statements of the Fiddler's Creek Community Development District (the "District") ns of and for the year ended September 30, 1998, and have issued our report thereon dated December 7, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Governme,t ..luditin.g ,$'tandard. v. issued by the Comptroller General of the United States. As part of obtaining reasonable assurance about whether the Districl's general purpose financial statements arc 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 cf foci on the determination of financial statement amounts, llowever, providing an opinion on compliance ~ith those provisions was not an objective ofour audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing&andards In planning and performing our audit, we coflsidered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on thc general purpose financial statements and not to provide assurance on thc internal control over -16- INTERNAl. CONTROl. OVER FINANCIAL REPORTING BASED ON AN AUI)iT OF (;ENERAI~ I'URPOSE FINANCIAL STATEMENTS i'ERFORMED I N :\CCO R DANCE WITi I GO VERNMENT,4 UDITING ST,,13,'DA RDS (Continued) financial rcp,,r',in~ {)~lr cm~siderati,,n of the internal control o. vcr financial reporting would not neccs~mlv di.qclo-.c all mat~crs in thc internal control over financial reporting that might bc material weaknesses...\ material weakness is a condition in which the design or operation of one or more of the internal c,mtrol components does not reduce to a relatively Iow level the risk that misstatements in amounts that xvmfld bc material in relation to the general purpose financial statements being audited may ,3tour ~:nd not be detected x~Sthin a timely period by employees in thc normal course of performing their assigned functions. Wc noted no matters involving thc internal control over financial reporting and its opcrati~m that we consider to be material weaknesses. This report is intcn,tcd solely fi~r the Board of Supervisors. the District's management, and appropri:~tc government agencies. I lowcvcr, this report is a matter of public record and its distribution is not limited. Boca Ramn. Flt~rida December 7. -17- DASZKAL, BOLTON & MANELA g P~, r IN ER.'4111? ¢)V PROFE.~$1ONAL A.c~OCLgTION.~ 2 i0 ;~. I' ~ 131 I.. I'1 {) I'A RK ROAD, M'fIE J00 · BOCA R,~,'I (}N, '! kI,LPIIONE 15611347-1040 F,~X MI~:MIII',R ¢)F [111: A:tlt~tlII'AN INNIITI~TI: II:l~ ('! RTII'II:D Fl III.lC' A('('I)I 'N l'ANq N ,MANAGEMENT LETTER \Ye have audited thc financial statements of the Fiddler's Creek Community Development District as of and for th:: .,.'ear ended September 30, 1998. and have issued our report, thereon, dated December 18. 1998. In connection with our audit, we are submitting the fiAIowing comments and recommendations in accordance with thc Rules of the Auditor General. Chapter 10.550, l.ocal ('}o,.'crnmcnt Entity Audits. ,ks part oF this engagement, n,,lhing came to our attention that caused us to believe that Fiddler's Crock Community I)evelopme,t District was in a state of financial emergency at anytime during the fiscal .,,'ear and the financial report filed with the Florida Department of Banking and Finance pursuant to Section 218.32 (I)(a) is in agreement with the annual financial audit report for the current period. This report is intended for the information of the District's management, the Board of Supervisors. and appropriate go,.'crnmcnt agencies. distribut:on is not limited. Boca Raton. t-flOrida December 7. t O':,v, llowcver, this rcporl is a matter of public record, and its -18- Gar9 L. Mo er, P.A. land [kweloprn,:n! ~- ,~l,m,~e,,ncn~ (','nstllldr~l Date: Memorandum To: .? March 4, 1999 10~00 Norlhwest Eleventh Manor Coral Sprinfls, Florida 3~71 (954) 7530380 Clerk of the Circuit Court - Finance Dept. c/o Timothy d. Gillett 2671 Airport Road, Court Plaza III ILO. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 801 Laurel Oak Drive Suite 710 Naples, Florida 34108 *lichelle Shulman I)aszkal Bolton& Manela 240 West Palmetto Park Road Suite 300 Boca Raton, Florida 33432 Reference: From: ,Minutes of Meeting held November 25, 1998 Gary I,. Meyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Enc. ' ECE 8 Z99 16Gl >rlaN'UTES OF 1VIE~G FIDDLE1TS GREEK COb~II~TI'Y DEVELOPiSYENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, November 25, 1998 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, Gulf Bay's Conference Room, Naples, Florida. Present and constituting a quorum were: Cliffrn'd Gradv .Xlinm' lhtul I{iegelhaupt Arthur W,oclward Chairman Vice Chairman Assistant Secretary Assistant Secretary .A].~,, pre.-;ent were: Chuck Adams Alice J. Tony Pires Terry .Xl:~rk Strain Manager District Staff District Staff Attorney Engineer Gulf Bay Communities I:IIL%~I' (-)IH)ER ()F B USINI~2S,$ Roll C,'dl SIT.. \V;~rd called tim meeting to order at 10:05 A.M. and stated the rec-rd will rutlcct that all Supervisors are present except fr~r C}mirm:m Mullins wire was absent at roll call. S%CONI) Ol'd) Ell OF BL:SLN'E,.qS Organizational blat A. C~ath of Offi¢~ Mr. Ward stated item 2A r,n vrmr agenda is the Oath of ()ffice. As you know. we recently had a Landowners Election in the District at which time Larry Mullins. C;raclv Minor and Clifford Olson were elected as Supe~'isors of the District. For the record. I am a notary of the State of Florida and attthmSzed to adxninister this Oath. Mr. Minor and Mr. Olson, please repeat after me. I do solemnly swear that I am a resident of the State of Flm'ida and citizen of the United States of America and being a Supervisor ,f the Fiddler's Creek Community I)ev,~l,pment I)istrict and a recipient {~t' public funds ~,~ behalf {~l' the District do hereby solemnly swear or affirm that I will support the Constitution of November 25, 1998 the United States and of the State of Florida and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. I am providing to you an original of the Oath of Office and ask that you please sign it, date it and return it to me. It will be made part. of the record. B. t~,solution 90-1 Canv,x~sing and Certifying the Result.q of thc I.~m(lox, mers Election .Mr. Ward stated itom 2B on your agenda is consideration of Resolution 99-1 (Mnva~sin'z :~n,:t (',~.rtif','i~: thc Results ~,f the i,ando~'ncrs Electi~m held pursuant t~) ('}l:~}}t,':' l~J(I.~}t~¢; ~, ~,~' the t:l,~dda Statutes. That Ilest,luti,,n is encl,st.d in v,mr a~c, nct~ l)acka2~. [t indicates that Messrs. Oison and M~n~r have het. n ejected with 1.~) v,~t,:s ~:at:h. a~d Mr M~llin~ with 999 w,te~ In a(:c,n'di~ncc x~it}l l}lt~ St;~t~te. S~pervis,,rs {)ls,m and Nlin,r will serve fi~tlr-)'ear term~ alld Sul)erv~s~r Nl~lli:~s will serve', a tv.-~-vear term. That Resolut~,m is in ,n'dt.r a~d is C. Eh~:t ion of .Xl r Ward stated dir,.~ctly after your l,andowncrs Elections. to the extent that ther,~ :~r,. (,}l;tngcs in the Board. we usually take the r~pportunity to reorganize the [~r~ard. l.~.t n~e 2~, thr,,t~h 5'm~r existing officers and either hy rme motion you can cm~sid{~r v,,ur ,..xistir~ ,-fffic.,tr< as tho flew slate for tim n~zxt two yoars or yoo may c}~an?' th,:'m irxdix'id,~z~Ilv :~< x'~,~t s~ desire. Mr Mutlins ~erves as wmr Cl~a~rrn:~rf. Mr t}ls~}l~ svt'v~ as v,~ur Vice f']lalT'm:ir~. .Xl~ssrs. W,mdward. t~ie2~'lh~t,~F,t a~d Min~,r >l:i'vc lis Assistant Secr,?tario- and ! serve as your Secret:try ;tod 'i're:~surcr Either hy one moti-n ?,u can keep that existing slatt. v~;u ca~t individually h~,~k at each ,fl~ce and change them as w;u s, desire Mr. %Iinor asked cmlldn't we do it annually or after every two vuars? Mr. Ward replied wc c.uld do it eveU month if you desire. We always do it :~fi~r l.:~:'/iawner [.;lectim~.hut it is up t~; the Board how ~;ften you want to d{~ that. Mr. Minor asked what about rotating the chairmanship, everybody doing it for a year? Mr. Olson being Vice Ch~rman could move to Chairman and then we will elect a Vice Chairman and he could be Chaiman the follo~Sng year. November ~5, 1995 Mr. Woodward stated that is fine with me hut when it comes time for me to be Chairman [ would like you to skip me because I am unable to talk that much. Mr. Ward stated Mr. Minor has a motion on the floor for Mr. Olson to be Chairman. is there a second to the motion? [~ MOTION by Mr. Minor seconded by Mr. R~~gelhaupt]] [[with nil in favor Clifford Olson was elected Chai~an. Nlr Ward stated the next o~ccr is the Vice Chairman. (~n MUTI~)N by ~~d by Mr. Riegellm~q,t~ with all in {:arm' Grady Minor was elected - [W)n Xl()'i'l~ ~;'~ t,v Mr. ~)l~,co,,ded t,y .~!r .Mi,,,,r with {lall in fay,,' l.a~'rv Muilins, Arthur W~,,dward ~,n,I I'at~l [[m e,,.,e I ha, ~tant Secretaries. 5Iv. Ward stated I nm'mally serve as your Secretary and Treasurer. :~lv V.';,rd stated what we willdois put a tickler in ,mr file fi~r next yearat th,: -:,~,,. ~',,.~ :,, r,:,,r~'an~/e t}le Board arid you CaB r,',tate the chairmanships. TI t lift ) ()Ill)ER ()F BUSINF~% Approval of the Minutes of the 28. 1.0.08 Mc~ting ).ir W;tr,l <tared ~,,m thrc,? ,,~, vmn' a~enda ~s Appr,,val of the Minutes of tip:r,' .~v,. :~v ;lddil~,,n<. ('.;rrectim~s. or deletions, it w,,uld he appr~[,riate aL this tirol,? 1,, 5t~ indicate. ,,thc?w~se a m(}tiOll thc their appr,,val would he in ,}rder. 3 November 25, 1998 16Gl *Ir. Pires st~ted on page five, the sixth line from the bottom, I think that the proper spelling of Bordson is Boardsen. Is that correct Mr. Adams? Mr. Adams replied yes. .Mr. })ires stated on page eight, the fifth line from the bottom, Mr. Strain is incorrectly spelled by the inclusion of an "h". At the top of the page where we bad the discussi,m ah()ut the Severn Trent letter, the seventh line from the top, the phrase. 'because il is similar to the situation ()f the security aspect" needs to he deleted because the discussion ~Sth regard to the change of paragraph fi)ur bad t() do with th,: se~.'ices r~f Mr. ~Vard and Mr. Moyer bein~ an integral parl. Those are the m~Iv s~'esti~ms f},' changes Mr ()l-,,n ;~sked is tllere anything else? (m .M()TION by Mr..Minor seconded by Mr. Woodward~ with all in fi~;or the October 28, 1998 Minutes wet II ell ~d as c.rrected, jj FOURTI I ( )RI)ER OF IIUSIN~ Co~side~tion of Change ~{ler No. 3 for Phm~ lb ~{[~alm ~ntmct ).lr' (~1~,,~ qtated item number fm~r is consideration of Chan~e Order No. 3 ?,it' .X,t.,r~< ~a~,.d I ;mi w,tna l~,change th,: m'd~.r <l~ghllv if[ may. Under sep;tr'~t~. ,',,vcr v:o received a second-year o[)tl~llal renewal reque:qling ;~cknr,wledgment frr~m the landscape contractor. Michael Todd. Inc. This is inl',~rmati,mal l',,r the [~oard that they are approving and accepting m,ving flwward with the scored-year option, if it is the desire of the Board, at the t~es that were c,'ig'inally pmp,sed when we did the hid Iht the Iirst and seemed year. If that is v,,:~r d~,~ir,~, we r',u..d n m,~timl tr~ ri, that. Xlr l)ls{,l~ asked d,,,:s any,me have any ornaments" .Mr..Min,,r asked are' wm happy with them° Xlr. Adams replied we are currently. We have had several c, nversations with the operating staff fl,' Gulf Bay nnd they have been perfi~ming satisfactorily currently. 5Ir. Mia,,' stated th~re is no reason why we s}muldn't appr~ve them for iIIVI[ }l')[' November 2,5, 1998 On MOTION by Mr. ,Minor se,c, onded by Mr. Riegelhaupt] with all in favor the Second ~/ear Option Renewal withl I .Mr Adams stated the next item is a resubmittal of Change Order No. 3 for t~h:~.~e lb. This was discussed at >'our last meeting and there was a request for some additi~nal detail as to what exactly the price was coveting. I resubmitted with the ,,ri~'inal exhibit showin~ the crosshatched area as the area that we are actdin:: t,, ,,~r c~rrc, n( c,,ntract. In addition to that what I }rove included are the S~l~,Illi~l;l] ['>;I;:.'; ,~1] 7.')lit'ti W*' requested proposals. You will notice a rather Icn~t};v li~t ,.f ;tcl iviti~.s and a month-hy-month breakdown -n the c,st fi, r ,ach of Ih, .... ~,,:]','~,.~ We trw t- stlw within this guideline l?.rn tn,nth f, tm,nih in tltFrllS ,,1' "~1~' ;l('li'.'ll)('$ IlIlrJcr this contract, howlzv(~t'. T['(t rjr, }l;iv{~ l}l,, I;,tif,]tle [ ask /',~r' ;t ,:}~;~Me r)rrh.r from our (:ontractt}r. [ want t, s~e all ~,f' th,.s~, costs br, k{z:~,~ ,m the I/nebvlineitems. That allowsust, withdraw things. Ifweare sc}md~:l~?t t,, lay mulch and there is no need to lay mulch, we can pull that item out. n{d p;~v fbi it and tha~ allows us flexibility. ~lr. Nlinm' asked is it consistent ~Sth the base contract? 5Ir. Adams replied yes. This is the same sheet applicable to the base c,ntr;,:t: th,~ pr'irir~ is in line with what we have done ori~inaIly on a per square [hot Mr. ¢)Is,n asked do you have add-ons fi~r the balance of Championship I)rlve when that is finished in a couple of months? Mr. Adams res[mndod they are workinff on that now so we will hhnR that [)n.\I()TI()N hv Nit'..\linm' sec(,nded by Mr. vith all i[~ t'a,l-or Change ()rder N(,.-:; for [)base .andscapc C()ntract with Y, lichael T(,dd, I,e. wl, s~ >proved. under .Mr Adams stated I have another item under Staff Reports. ),Ir. {)Ison stated that is next on the agenda, so go ahead. Mr. Adams stated I wanted to he sure that all of the Board had received separate cover following our last meeting the final tabulation of our 5 financial analysis on the security contract. The request was that I draw those numbers down and show you the bottom line numbers. I also wanted to let you know that I was able to negotiate the hourly rate ~Sth the vehicle down from the ori~nal $18.50 an hour to $15.51 which made our contractor that you awarded the contract the lowest bidder financially as well which wasn't a requirement but somethin~ that we were striving for. Mr. Olson asked does anyone have any questions on that? Do we need to do anythin~ rm that? .Mr. Ward replied no. I-qFl'll ORI)I';II OF BUSINESS Staffllepor~q A. Attorney Nit'. ['ire.< stated other than working on routine mattcr.a. [ have n.thing to rep,~rt. 5Ir' I)l<,,~ ;~skt~d what are r,,utine matters? ~lr' }'ir,.s replied c]()c~ rxl~,~t- ~r~x,,ix'('rt in the ;Ic(lui:;itiml pr()gr;im Mr (',',lc stated I am distributing my rep()rt t(, the It,)ard. 'l'h(.c(,n~ract()rs contln~(> ),) w,,rk in t'hase Ih. Unit il. They are makin~ the final water c()nnecti~)~:~ t()rh~v. The sanitary sewer connections will be nlade m a cr)uple of weeks arid I;~ndscape installation is continuing in the areas that are noted along Champio~ship I)rive. Club Center Boulevard and Fiddler's Creek Parkway in the attached map. That is all that l have to report. Mr. Olson asked are Landscape Area 4 and Landscape Area 5 on the same time schedule? Are they gr)ing in at the same time'/ Mr'. Cole replied they sthrted the east side of Area 4 moving westward so 4 will 1'),~ d,)~m h,~fl)re 5. Mr. ()ls~m asked arc we tm schedule with the ~nginal lime flame" ),lr ('(,lc replied rea~rmahly C. Manager- Invoice Lkqt ?,l~'. Ward stated I have nothing t() report. 6 November 25, 1998 SLX"I'll ORDER OF BUSLNESS Supervisor's Requests and Audience Comments .Mr. Olson stated item six is Supervisor's Requests and Audience Comments. .Xlr. Woodward stated I had to enter Fiddler's Creek because I live on Marco. I have to give a long explanation of why I have to enter. Couldn't we give a list ,>f the Board members to the security people so that we can he identified'.' .Mr. Ward stated we will do that. I thought we already did hut we will make sure that that ;ze{s done. Mr. :\dams stat~,d I did (l,,that with the old company, l'erhaps that hasn't J')~:,_'z~ r,.'~Ji::,2~l }'~X' tile i'~C;v cor'Flpany arid I will reissue that tbr' yin, today. ]J'yOt~ simpl;' state v,mr name and that you are on the CDD list. that should suthce. Mr Strain stated the g~flf course is on a sticker program fin' lheir people. Our residents are issued clickers to open the gate. Mr. Ols,n asked are there any other requests? Xlr. Rie~elhaupt stated I was wondering how the finnl letter t~ the new C~lll})illl5' {i.irlled mit. Nit. I'ires stated it'wns revised with the suggestions approved after the meetings. We will send wm acopy. Mr. ()Js,~ stated you were going to get us a revised lJudget. [)o we have time t,) review it'.' Mr. Ward stated y,u don't have to review it, ! was just going t~ give it t}~r voter infbrmation. ?,Ir. Olson asked if anyb,dy has any questions on that, can we bring it t~, the 5lt. Ward replied 5Ir ( )lsm~ st;trod ll{.>:t wc h;tve t() approve the lay.ices. I have ()ne question (,n that. li(,i',air(,fVinvl ('hain l.ink Fence. What happened? Xlr. Adams stated s()meone unbolted it and walked away ~5th it. Mr. Olson stated there is also Kin Fixtures 82.415.00. Mr. Adams responded that is repairs to existing street and landscape lights. Mr. ()ls,,n stated all oF these expenses are not capital (,xpenses but day-to- day items. Xlr. Adams stated yes. November 25, 1998 Mr. Olson asked may I have a motion to approve the invoices if there are no other comments? Mr. Riegelhaupt stated I would like ~ offer this for consideration. Should we have a Budget category for vandalism, theft etc.? I wonder how it is done in other Districts. Should there be a separate category to keep track of all of these types of things'? .Xlr. Olson asked should we be highlighting a negative problem? How do you categorize it as to what was fixed? The way it is now you are putting it in the appropriate category. Mr. Riegelhaupt stated that is why I raised the questi,n. I don't know how it i~ n,,r'm:~llv d,me. .Xlr. Ward stated it depends on the v~flume ofit. Usually they cmne in at one or tw,~ h~ndrud doll:~rs ~,n a monthly basis, it usually doesn't have a deleterious el'feet ,,n v,,ur t~d~et s~ v,m just include it in the categ,,ry that applies and Ihat way v,~; s,-e v.'h',~ vmtr t(~tal repairs and maintenance budget is and that is lhe ,.,,';~v I d,, it in ;~11 ,ff my l)is~rict~ currently. 5Ir. Rie~elhaupt stated Mr. Strain's comment we could handle just as on expense acc,)unts in the ,,Id days we had a euphemism of"refreshments" and that covered all manner of things and we could have some euphemism here perhaps. I was concerned about having an amount allocated in a Budget if it is not large. Mr. Ward stated if they get out of line, we ~411 do that but generally if they stay in this range, we tend not todo that. Mr. Ol.gon asked in the Budget, don't we have a Rese~'e for replacements? Nit'. Adams responded that is typically a contingency or miscellaneous .Mr. \Vard stated we don't currently carD' it Reserve per se, we carry what we think aru sufficiently budgeted repair and maintenance items within each category. Mr. (')lsm~ asked do we have money fi~r when the signs need replacement in f,)ur ye. ars7 31r. Ward replied not at this time. We du not currently carry any kind of Reserve for a l~n~-time replacement. It is early in the project to start that prr~cusfi. ~Ir. ~)l~(m asked is there a motic~n to approve the invoices7 November 25, 1998 1 '6Gl I[On .MOTION by Mr. Riegelhaupt seconded by Mr. ~Woodward with all in favor the im-oices were aEproved. ] SEVEN"HI ORDER OF BUSIN~ Adjournment Nit. Olson stated there being no further business. I will entertain a motion f()r adjournment. l()n MOTION by Mr. Woodward seconded by .Mr. Minor with all in favor the meeting was adjourned at t0:35 A. M. [)aul l~iegelhau_~t Chairman 9 Wednesday November 25, 1998 I0:00 A.M. '2. AGENDA FIDDLER'S CREEK COMMTJNITY DEVELOPMENT DISTRICT Roll Call Organizational Matters A. Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 34103 Oath of Office Resolution 99-1 Canvassing and Certi~'ing the Results of the Landowners Election C. Eiection of Officers Approval of the Minutes of the October 28, 1998 Meeting Consideration of Change Order No. 3 for Phase lb Landscape Contract Staff Reports A. Attorney B, Engineer C. Manager - Invoice List Supervisor's Requests and Audience Comments Adjournment NapLes, FL 34102 Affidavit of Pub[Icatto~ ~a~[es DaiLy News F[DOLER'S Ca£EK OEV. O[ST~iCT - GAaY CCRAL SP~i,~G$ FL ~EFE~E~CE: 5T731007 t~tice ~' ~eetir~ ~ State of County o! Collier ~efore t~e u~ders~-.-d a~t~c'it/, persocally ap~ear.~J A~Gela B-ya~t, ~o c~ cath says t~at she serves as Assistant ~ec'etary of t~e Nacle$ Dally News, a daily ~'~acer ~bL,sred at Na~es, dates Collier C~nty, ~[c~'da, ~ t~at t~e ~blish~ in sa;~ Cctt'e- C:~-~, Flcr'd~, day a~ has bee~ ente-~ ~s secc~ class ~tter at the ~st c+fice i~ ~a~les, In sale Collier C~nt7, Florida, ~cr a ~e-i~ cf I year next prec~ir~ the fi-si ~(cat~on of attach~ ccpy of ad~ert~se-e~t; a~d further says t~at s~ ~as re~t'e- =aid PUBLISHED C°~: ~''~ AO SP~CE: 70.0c~ 1 C~n~oveme~t ~ ~ FI~'t ~m~ D~ ~d W~, ~em- In ~e N~ern Trust omi Tr~l ~, ~ ~, The Lorson Room, Naole$, FlorlOo. The vel~q~t Olaf riot% A C~v ~ ~e ~ 33071 753-Q~0 ~ l~St five C~. m~[~ E~n ~ w~ ~Jd- -4 Oath o~ 0~ I, Grady Minor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek 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 will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Grady Minor Date Oath of Office I, Clifford Olsen, a resident of the State of Florida and citizen of the United States of America. and being a Supervisor of the Fiddler's Creek 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 Statcs and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Date I6G1 RESOLUTION 99- I A RESOLU/qON CANVASSING AND CERTIFYING THE RESULTS OF THE LANDO~ EI~CTION OF SUPERVISORS ~ PURSUANT TO SECTION 190.006(2), FLORIDA STATtYrE~ WI{ E[{t';AS. pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held on the first Tuesday in November every two years Following the creation or re-establishment ora Community Development District for the purpo.~e ,,f electing three ~3) of the five (5) Supervisors of the District; and V,'[ { E P, EA.S. D)llowi ng proper publication of notice thereof, such landowners meeting was held November 3, 1998 at which the below recited persons were duly elected bv virtue of the votes cast in their respective favor; and W}IEI{EAS, the landowners by means of this ResolutiOn desires to canvas thc votes and declare and certify the results ofsaid election; NOW, 'Il [EILEFORE, BE rr RE~OLVED BY TIIE I~MNDO~&,%'EIIS/MX'D BO,,~,D OF SUPERVISORS OF TI IE FIDDLER'S COMAKJNYrY DE'VELOPMF2$,'T I) ISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Super~'isors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Clifford Olson 1000 votes G rar]v Minor 1000 votes I,arrv Mull,ns votes '2. In accordance with said statute, and by virtue of the number ofvotes cast fi)r the respective Supervisors, they' are declared to have been elected for tho following terms of office: Cliffi)rd Olson four (4) year term Grady Minor four (4) year term I.arry Mullins two (2) year term 16Gl 3. Said terms o1' office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 25th DAY OF' NOVEMBER, 1998. S..ecretary Gar9 L. Mo~uer, Rtl. Land De~.elopment ~, Manac~ement Consultant 10300 Northwest Eleuenth Manor Coral Spfin§s. Florida 33071 (954) 7534}380 November 25. 1998 Board of Super,'isors Fiddlers Creek Development District [)ear Board Members: Please find attached a copy of'the memorandum from Chuck Adams together with his letter to .XIr. Nagel o£ Michael Todd, Inc. which v'ill be discussed at the Board of Supe~dsors meeting Sincerely, James P. Ward M, OYr-a & AssOo^'rv.s MEMORANDUM F'~DLER'3 C~EK CDD- BOARD OF SU'PER'vlSOR5 Os. ESLEY £. ^D.~M5 JK. OIKECTOR OF OPEI~TION$ PH.,.SE IA A.\T) tB L%.%TYSCAP£ ~L~r%"'~A.'MCE CK~'TR^C'I~ SECOND ','*~-,"..P, P.~c~'E~AL OPTION T~ SUBJECT: Plc~u' firal roached a chi'?* of :he of the a~e r~tren~ for ;,~ con~&r~io~ ~ ~aff h~s thc &,dog~ r~resen:~v~ a~d m~r ch~ t~ ~t ~mr~0r. S~&ael T~M Inc. h~ ~o~ cxpa'c :z ~;,:,'er:,~ 3C'~. :h~refore wc r~ac~ yc~' cons'dorian m txe~s,~ ~he second ~r ;: ,..~, ;.=~..~ r.:'.'c :re-qt;e~:cns o: need ~t~onaI W-forma:ion please crm:a~ me at . ) 5*2-5181 ?o~ttln8 toSetber to ~en ~ mar corn mu nttte~ November 4. 19gl .Michael Todd. [nc 47i Cou.nE~ Road N~plcl. Fi. F:dd!cr's Crc;k Communir/Ocvcloprr~n! Rcnc,',~lo£Contrmc:Noz:ficanou -Ptmase lA and ,'.!a:ntcnar. cc of l.andscap¢ Areas- Fiscal ¥cmr 1999 Ca~:-ac: Rcr, c'*'al Pcnad Effective Daic December I, 1098 MoYEa & ASSOC~^TES . WEPt¥ TO 210 N. Unlvemiry Drive $ui[¢ Cor=l $orlnss. Iq. 3.'0'/1 Phone {954) 75~.~1 F~,x (9',~1 J45-1292 lOJOO N.w. I Ith Phone,o(;54) 75.'~0380 Fay (9541 77,-6701 l')¢sr Nit" ' T'qi$ le"=r ,~ b.:m~.j '.~.~'::n C,) ."~:tfv you '~.~: the Fiddler's Creel{ C~ Dc~c!~m~t D,~cl hereby r~ews :he a~(,vc r~f?r~nccd cnn~c~ ~n ~::~.~ncc ~'~ S~on ] l~. Te~ of Cnn=ack Pa~e 9 of the ong,nal ('on,~c~. ~o I ,,.ould ask :ha~ ?r ~U please mckno'*,lcdgc mud sign lhe botlom of one of t,hesc L,'t:ers and then Fl,.as: for'*ard one or,gmat bm.:? :cm';' a:tcn:ion and k;cp Ibc o:hcr for your files If y,)u %he,;ht t.::,- an? ,i,;e~or.q or requu': mddidonml ln£orT~t~on I:'leasc feel free rocc, ntaet me at {911 ) 592-.~ 1 ~l 5 w. ccfc',y FIDDLER'S CPS-;EK CO:.IML.'NiTY DEVELOPMENT DI$'ITC(-r Duce:o: nf Cc ]:m ',V:rd. D:~:.'q.c~ Manager l~'or~.rlg togetl~er fo .¢~rlp OUr commu.~t~e~ MEMORANDUM FIDDLER5 CREEK CDD- BOARD OF SU'PERV1SORS OtESLEY E. ,~D.-VM5 JR.- DIRECTOR OF OPERATION'S P,t D~5 E lB- Ct LLX:GE ORDEF. ~,3, RESUBMTI'rAL TO: FROM: 5L"BJ ECT: DATE: MOYER & ASSOClATES':O~,: REPLY TO:. 210 N. University Drive Suite 301 Coral Spring~, FL 33071 Phone: (954) 753-5841 Fax: (954) 345-1292 10300 N.W. llth Manor Coral Springs. FL 33071 Phone (954} 753-0380 Fax (9-5-il 75-5.6701 CC: F IL [: · ' .. asidera'.c.- r¢~brr~:'.al of C,t:ar.r,e Order '3 :or the Phase lb Landscape ~ ,.::r;c "Ea.:-:c, ~rder , 5 :~ ' tee ,eo~,'q.d :'ear con=tact option and covers ad~:ional areas as outlined on nee i::a,.Ecd .-:'.. ~p :s be:n?; res~brrar~ed '~':th the propoint ~'ork ~chedule that =t'~.~ received by staff when ~'e ?~o?,,s:2. TE..e sckedule ~hould help to dz"fiy the specific acnvities and cost that are antiopated as order. sert~' ottr commttnitie~ PROJECT: O".~..~ ER: CO.',TRA (TO R CO,';TP :\C-'f 168i CIIANGE ORDER NO. 3 Land.scape Maintenance DATE OF ISSUANCE: November ,1998 Fiddler's Creek Community Development District 10300 N.W. I Ir& Manor Coral SPrings, Flodda 33071 ?.lichael ! Todd. Inc. ,:71 County. Road951 Naples. FL 3.1119 i.andscape Maintenance- Phase lB .'::a;.-.' :h,: fid!, ,'* ,,%: changes in the Contl'act Docum:nts 'l'he follo,~,ing areas of maintenance are not co~cred under the contract and are addmonal work ordered. Additional maintenance and funds required are per the at:ached schedule: noted abo,.-e ~.22-1,.~2'~ ,~O {second 12 month per ,),1~ F.~,,_La! Q,5_}~;:,.. r)r..',:r 573.114.00 (second 12 month penod~ 5.'9".9.:3 CO {second 12 month per:od, Ethibit ".A~ Proposed Work Schedule REc.'oM.',.IENI)I D & ,.\PPROVIr!D APPROVED: James P War,!. As;Istant Distr:ct 3,1anager ~ ,,., , ('reek ('ommumr:, Development District by ,, Carl M. Nagel. PresMent .MicEael ' Todd, In( date ! ! Zo Fiddler's Creek Community Development District Engineer's Report 11/25/98 The contractor is continuing v;ork on Phase lB, Unit Three. The final connection of the water facilities is bcin~ compl¢~ed today. The sanitary sewer final connections wi!l be made in early Deccmbc:r I99g. Landscape installation is continuing. 1993132 1320a'eng-ep8112$.do~ r~ ou Z 0 ~J WI-- ............ S.R. 95~ ISlE OF CAPRI ROAD DATE: RECEIVED MAR 0 8 1999 Board of Cour, t~ CoMissloners AGENDA GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 Golden Gate MARCH 10, 1999 TIME: 6:30 P.M.-IO:O0 P.M. Recess If Not Completed : 1. Pledge of Allegiance/Invocation 2. Approval of Agenda 3. Approval of Minutes, Date(s): 2/10/99 4. 1997/98 Audit Report 5. Old Business: A. Discussion on Future Fire Station Site B. Discussion on Proposed Golden Gate Blvd. Changes for Sra.71 C. Citizens Advisory Board Carte~ 6. New Business: A. Approval to Construct & Lease Tower with Sprint B. Discussion on County Contract Renewal (District 1) - Request to Continue the Contract As Is. 7. Reports: A. Operations B. Expenditures C. Unicn 8. Adjourn t,{isc. Cortes: Date: ~ Cop~es To: MEMORANDUM RECEIVED ~rMiSi:::. Coffeslx:mdence Agenda Dale ___ Agenda Item # TO: FRObI: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen. General Accounting Manager C erk of the Circuit Court/Finance Department March 22. 1999 M~scellaneous Correspondence - BCC Agenda Please place the following items on lhe next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Golden Gate Fire Control & Rescue District 1. Pursuant to Florida Statutes Chapters 189 and 190, theGolden Gate Fire Control & Rescue Dislricl has submitted the following: (a) lc) (d) Special District Faolities Report Audited Financial Report for year end 98 Financial Repeal for year end 98 Management Letter Budget for year end 98 ~ncluded in Financial Report Description of Outstanding Bonds Thank you GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES. FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 SPF. CIAI, DISTRICT FACII,ITIES REPORT MARCll 4, 1999 Thc Golden (;ate Fire Control and Rescue District operates out oflwo (2) stations Station 71 is located at I00 13th Street SW and is owned by thc Fire District. The second slafion, Station 70 is located at 4741 Golden Gate Parkway This station was replaced and expanded in a joinl xcnture funded by both the Fire District and Collier County to no,,,,' include a sub-station lbr the Collier ('ountv Sheriffand Collier County EMS. The County and the Fire District signed a lease agreement lhat includes an option to buy out the County and lease space back to them S~adon 70 ho,scs the administration otl]ces of thc Fire District and includt s Iht inspection offices I'he Fire District provides four (4) paid personnel txventy tbur hours a day at this station plus an administrative staff' currently of four (4), and is assisted overall by twenty (20) volunteers and off- duty paid staff' Currcntk' thc apparatus assigned to Station 70 includes the following' onc( I ) Class A rescue engine, one ( I ) sixty-five (65) foot telesquirt Class A engine, one ( 1 ~ 4x4 brush truck, one ( I ) 3.000 gallon tanker with fire fighting capabilities, and one (I) quick attack 4x4 rescue truck with tire lighting capabilities Station 71 includes an assigned stafl'oftwo (2) paid personnel 24 hours a day. Equipment housed at this station includes the fifllowing: two (2) Class A engines, one (!) 6x6 brush truck, one (I) 4x4 brush truck with CAFS system and one ('1) 6.400 gallon semi-tanker In the fiscal 5'ear of 1997/98 the Golden Gate Fire Control and Rescue District responded to 3501 calls for service This represents an increase o!'9 75 percent over the fiscal year of 1996/97. The Fire District has property set aside for future growth through thc G.A C. Trust Fund. One (I) piece is located near the intersection of Golden Gate Boulevard and Desoto Boulevard, and the second piece is loCated in the northwest corner area of Everglades Boulevard and 1-75 "c IVE 8 1999 Special District Facilities Report Golden Gate Fire Control & Rescue District March 4. 1999 Page 2 In addition to the current properly set aside, the Fire District is in the process of purchasing proper~y just east of the intersection of Davis Boulevard and C.R. 951. This process is expected to be completed xvithin six (6) months. Thc Fire District is also looking for properly in the area north of Vanderbilt Beach extension and C.R. 95 I. Due to the rapid increased development occurring and projected, some type of facility with a minimum of two (2} bays, three (3) personnel and two (2) vehicles will be needed. Impact fees and increases in ad valorem taxes will continue to be used to pay for capital growth items plus working with new developers, when poss~le, to provide facilities and/or equipment. Currently no thcilitics arc planned for replacement within the next ten (10) years. The Golden Gate Fire (,ontrol and Rescue District remains committed to the goal of having a minimt, m of four ~4) personnel at every fire or emergency scene within five ('5) minutes of call out GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY ° NAPLES, FLORIDA 34116-6901 (941) 455-2121 · FAX (941) 455-7917 March 17. 19')9 Auditor General's OtIicc P.O. Box 1735 Tallahassee. Florida 32302-1735 Dear Sir/Madam: The firm of Wentzcl. Berry & Alvarez, P.A. recently did a i 997/98 fiscal year audit on the Golden Gate }:ire Control & Rescue District. The audit report was received by the Fire District on March 10. 1999. At the regular commission meeting held on March I0, 1999, the Board of Fire Commissioners made a motion, which they unanimously approved, to accept tile 1997/98 audit report as presented. As a matter of record, thc Golden Gate Fire Control & Rc.~zuc District intends to comply with the Rules o£the Auditor General Chapter I0.550. There were no management comments for fro:al year end 1998. T ' ~ *, . Thcrc were no rnanagcmcnt comments for fiscal year end 1997. Sincerely, 'Fl t/pm ,1 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30 1998 TABLE OF CONTENTS SEPTEMBER 30 i998 INDEPENDENT ACCOUNTANTS' REPORT PAGE PART I. GENERAL PURPOSE FINANCIAL STATEMENTS Combined Balance Sheet - All 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 - NI Governmental Fund Types Notes to General PurPOse Financial Statements 2 3 4 PART II, OTHER REPORTS Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed ~n Accordance with Government Auditing Standards Management Letter 14 16 December 22. 1998 INDEPENDENT ACCOUNTANTS'REPORT Board of Commissioners GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Naples. Florida We have aud,ted the accompanying general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. as of and for the year ended September 30. 1998. as listed in the table of contents These general purpose financial statements are the responsibility of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT'S management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all matedal respects the financial position of the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, as of September 30. 1998. and the results of its olaerations for the year ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards. we have also issued a report dated December 22. 1998 on our consideration of the District's internal control structure and a report dated December 22, 1998 on ~ts compliance with laws and regulations. Certified Public Accountants -1- 1'6G1 PART I. GENERAL PURPOSE_FINANCIAL STATEMENTS GOLDEN GATE FIRE CONTR.OL AND RESCUE DISTRICT COMBINED BALANCE SHEET o ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30 1998 GOVERNMENTAL FUND TYPES SPECIAL GENERAL REVENUE ASSETS AND OTHER DEBITS Cash and cash equivalents (Note 2) Receivables Prepaid expenses Fixed assets (Note 3) Amount to be provided for retirement of general long-term debt 398.737 $ 884,247 16,163 50,229 22,314 0 0 0 0 0 Total Assets and Other Debits LIABILITIES FUND EQUITY AND OTHER CREDITS Liabilities Accounts payable Accrued liabilities (Note 4) Compensated absences Obligation under capital leases (Note 5) $ 16,305 $ 0 62,120 0 o b o Total Liabilities 78.425 Fund Equity and Other Credits: Investment in general fixed assets Fund Balances Reserved Unreserved 0 358.789 358,789 Total Fund Equity Total Liabd~ties, Fund Equity and Other Credits 0 0 934.476 0 934 4..~76 16Gl ACCOUNT GROUPS GENERAL GENERAL TOTAL FIXED LONG-TERM (MEMORANDUM ASSETS DEBT ONLY. L_ $ 0 $ 0 0 0 0 0 2,689,171 0 0 457 819 $1.282,984 66.392 22.314 2,689,171 457 819 0 S 0 0 0 0 79,951 0 377 868 16,305 62,120 79,951 377 868 0 457 819 536~244 2.689,171 0 2,689,171 0 0 934,476 0 0 ~ 2 689.171 0 3 982 436 The accompanying notes are an ~ntegral part of these general purpose financial statements. -2' COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30 1998 FU.D WPES ~; . SPECIAL .GENERAL .REVENUE TOTAL (MEMORANDUM ONLYL_. Revenues: Ad valorem and county taxes $1,236,703 $ 0 $1,236,703 Fees 23,880 383,506 407,386 Interest 37,602 45,399 83,001 Miscellaneous 3 032 0 3 032 Total Revenues I 301 217 428 905 I 730 122 Expenditures Current Pubic safety Employee costs 1,140,572 0 1.140,572 Outside services 197,486 0 197,486 Materials and supplies 68,612 0 68,612 Capital outlay '" ~' 18.034 417,074 435,108 Debt service: "~ :" !!~ ~ Principal retirement · 8,871 12,595 21,466 Interest and fiscal charges 0 65 65 Total Expenditures 429.734 I 863 309 Excess (deficiency) of revenues over (under) expenditures (132.358) (829) (133,187) Other financing sources (uses) 0 0 0 Excess (deficiency) of revenues and other financing sources over funder) expenditures and other Cmancing uses (132. 358) (829) ( 133.187) Fund Balances, Sectember 30, 1997 491 147 935,305 1 426 452 Fund Balances. Sectember 30, 1998 The accompanying notes are an integral part of these general purpose financial statements. '3- GOLDEN GATE FIRE C_~ONTROL AND RESCUE DISTRICT · COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30 1998 Revenues: Ad valorem and county taxes Fees Interest Miscellaneous Total Revenues ExpendItures Current Public safety: Employee costs Outside servmes Materials and supplies Reserves Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses) Excess (de~ciency) of revenues and other financing sources over (under) expenditures and other financing uses Fund Balances. September 30, 1997 Fund Balances September 30. 1998 GENERAL FUND BUDGET ACTUAL $1,261,475 $1,236,703 7,000 23,880 20,875 37,602 1 995 3 032 1 291345 1 301 217 1.146,861 1,140,572 213,206 197.486 78,540 68,612 344,571 0 21,968 18,034 4,199 8,871 0 0 433 575 (518,000) (132,358) 0 0 (132.358) 491 147 VARIANCE FAVORABLE (~ N FAVORABL...~_) (24,772) 16,880 16,727 1 037 9 872 6,289 15,720 9,928 344,571 3,934 (4,672) 0 375 770 (650,358) 16Gl SPECIAL REVENUE FUND BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) 0 5 0 200.000 383,506 0 45.399 0 0 0 183,506 45,399 0 200,000 428,905 228.905 0 0 0 0 0 0 661,860 0 401.544 417.074 0 0 0 661,860 (15,530) 12,596 12,595 1 0 65 _. (65) .~,076,000 _ 429,734 ~ (876,000) (829) 875,171 0 0 0 f829~ 935 305 934.476, The accompanying notes are an integral part of these general purpose financial statements. '4' GOLDEN GATE FIRE C__._ONTROL_A_ND RESCUE DIS I . NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 3_0_, 1998 NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (the District) is a local governmental unit created by the Florida State Leg~s!ature to provide fire and rescue service to a certain prescribed area ~n Colher Count'/. Florida. and ~s an independent special d~strict authorized and existing under Flodda enabl.,ng statute chapter 87-498 The District is operated by a three-person board of commissioners. The General a.q,'J Special Raver, ua Funds and account groups include all of the operations and acbvities re!avant to the District In evaluating the D:strict as a reporting entity, potential component units (traditionally separate repo.,-t~ng entlties~, which may or may not fall within the District's general purpose financial statements, have been addressed The basic cntedon for including a component umt within the District's reporting entity is the exerc,se of oversight responsibility by the District's Commissioners Factors olher than oversight which may s~gmficantly influence the enhty relat onship are Scope of Pubhc Service and Special Financing Relationship There were no ent4,es that required inclusion as a component unit within the Distnct's general purpose finanoal statemer'.ts Additionally. there were no entities, for which there were positive responses to specific cntena used for establishing oversight responsibility that were excluded from the Districl's general purpose financial statements The specific criteria used by the District for establishing oversight responsibility are as follows .- Manifestatior. s of Oversight Responsibility: SeleCtion of Governing Authority; Designation of Management ar.C Ab~hty to S~gmficantly Influence Operations. -- Accountability for Fiscal Matters: Budgetar,/Authority. Surplus/Deficit: Responsibility of Debt; Fiscal Management; and Revenue Charactenst~cs Fund Accounting The accounts of the Distr~ct are orgamzed on the basis of funds and account groups, each of which is considered a se¢arate accounting entity The operabons of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, habiht~es, fund balances, revenues, and expend,tures Government resources are allocated to and accounted for in i~,d~vidual funds based upon the purpose for whIch they are to be spent and the means by which spending actiwties are controlled Thc, followmc ~ ~'d types and - ~ - a.,.,..u., g'ou2s are used by the D~str~ct -5- GOLI)EN GATE FIRE,CONTROL,,AND,,RESCUE DISTRllT6 G! NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, '1998 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES IContinued) Governmental F u nd T_T_ypes. General Fund - The General Fund Is the general operabng fund of the D~stnct It ~s used to acccuc', ~c, alt fma~ctat resou'ces except those required to be accounted for ~n another fund, _Special Revenue Fund - The Special Revenue Fund is used to account for impact fees required :3 "-,e use~ "~- f',;',ure capital outlays m response lo growth of the community Account Group_s_ General Fixed Assets Account Group - The General Fixed Assets Account Group accounts for fixed assets used in the District's operations, All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at estimated fair value on the date donated. The Distdct does not have any infrastructure No deprec~at~cn has been provided on general fixed assets. L,0n.q-Term Debt Account Group - The Long-Term Debt Account Group accounls for long-term liabili!ies expecled to be financed by the Distdct Basis of Accountinq The General and Special Revenue funds use the modified accrual bas~s of accounting Revenues are recognized when they become measurable and available as net current assets. Revenues are recorded as recewed except for revenues susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt Revenues that are susceptible to accrual are ad valorem taxes ~mpact fees and ~nterest. Expenditures are · ,'- ,4 e~orde,, whe~ the habihty is incurred, if measurable, except that a) D~sbursemenls for sup¢heS inventory are considered expenditures at the tlme of purchase; b) l~:erest on tong-term debt is not accrued, but recorded as an exc)end~ture when due -6- GOLDEN GATE FIRE CONTROL AND. RESCUE DIST~IC6 ~ I NOTES TO GENERAL PURPOSE FINANCIAL STATEMENT~ SEPTEMBER 30, 1998 NOTE I - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES {Continued) Budgetary Process The budget and amendments, if any, are approved by the Commissioners. The budget is prepared on the cash basis which is considered not to be materially different from the modified accrual basis in accordance with generally accepted accounting principles The annual budget serves as the legal authorization for expenditures Expenditures cannot legally exceed :he tota~ amount budgeted. All budget amendments, which change the legally adopted total appropnat~on, are approved by the Commissioners. Encumbrances Encumbrance accounting under which purchase orders and other commitments for expenditures of momes are recorded ~s not employed by the Distdct and thus no amount has been included in these general purpose financial statements for encumbrances. Combined Statement of Revenues, Expenditures and Chan~es in Fund Balances - Budget and Actual - All Governmental Fund Type~ ' The budget column of th~s statement is prepared from the District's adopted annual budget, as amended during the year. which reflects budgeted revenues and expenditures in total for all governmental fund types on a cash basis which is comparable to the modified accural basis of accounting for the year ended September 30. 1998. Appropriations lapse at year end. Property Tax_Calendar The calendar ~s comcosed of the roi!owing dates- 1 Uen date - 3rdweekin May 2 Levy date - July 1 3 Due date March 31 4 Collection dates November through March Taxes and Fees Receivable No allowa..*ce for Josses or~ unccllectcble accounts has been recorded s,nce the Distnct considers all amounts ts r~e ?!/co"eot;Die -7- NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Compensated Absences The District's employees earn vacation which may either be taken or accumulated, up to certain amounts, untd paid upon retirement or termination. Unused sick leave accumulates and is subject to a reduction if paid in cash upon retirement or termination The liability for compensated absences reflects amounts attributable to employee services already rendered on a cumulative basis which is probable for payment The liabihty for accumulated vacation and sick leave is reflected in the long-term debt account group since the habd~ty ~s not expected tO be expended within the next year. Total Column on the Combined Balance Sheet and the Combined Statement of Revenues, ,Expenditures and Changes in Fund Balances The total column on each combined general purpose financial statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position or results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. Investments Investments are stated at cost. which approximates market value. Florida Statutes allows the District to invest surplus funds in a) the State operated Local Government Surplus Funds Trust Fund: b) securities guaranteed by the US. Government or agencies of the U S Government: or c) ,nterest beanng hme deposits or savings accounts fn banks and sawngs and loans organized under State laws or doing business in and situated ~n the State. provided collateral rec]u~remen:s are met. Risk Management It is the pohcy of the D~strict to purchase commercial ~nsurance for the risks of losses to which it is exposed The ©istnct's risk management activities are reported in the general fUnd No accrual has beer-, crowder f;- c~a~ms and incidents not reported to the insurer Claims made have not exceeded the insurance._ ,'~,,,:,~,-,~~._._~ for the current year GOLDEN GATE. FIRE CONTROL ~,ND RESCUE DISTRICT6 NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 NOTE 2 - CASH AND CASH EQU!VALENTR Cash and cash equivalents held at September 30, 1998 consisted of the following: State Board Investments Account Demand Deposits Petty Cash SPECIAL GENERAL REVENUE ...... FUND FUND $ 342,124 $ 874,402 56,513 9,845 100 0 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Flodda Statutes. NOTE 3 - CHANGES IN GENERAL FIXED ASSETS ACCOUNT,. GROUP A summary of changes in the general fixed assets account group is as follows: Land Building Fire equipment Equipment Autos and trucks Equipment under capital lease Building under capital lease Total BALANCE BALANCE SEPT. 30, SEPT. 30, 1997 ADDITIONS DELETIONS 1998 $ 15,000 $ 0 S 0 $ 15,000 156,356 0 0 156,356 154,068 46,999 (6,640) 194,427 244,014 18,473 (3,040) 259,447 964,706 369.636 0 1,334,342 184,776 0 0 164,776 564.823 0 0 564,823 -9- NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER 30 ~1998 NOTE 4 - ACCRUED LIABILITIES Accrued liabilities at September 30, 1998, were comprised of the following: Accrued wages payable Payroll taxes payable Retirement contribution payable $ 46,743 3,576 NOTE 5 - GENERAL LONG-T. ERM DEBT ACCOUNT GROUP Lease Obli~ The District is committed to one capital lease. Capital leases are generally defined as leases which transfer benefits and risks of ownership to the lessee. The cost of building acquired Onder this capitalized lease is reflected in the general fixed assets account group (Note 3). The District and Collier County have a lease agreement for the facility previously constructed by Collier County to be shared by the District, the Sheriff's Department and Emergency Medical Services. Based on the lease agreement, the lease has been recorded as a non-interest beadng capital lease in the accompanying general purpose financial statements. Following ~s a schedule of the future minimum payments on the facility capital lease as of September 30, 1998 YEAR ENDED SEPTEMBER 30 1999 2OO0 $ 16,794 2001 16,794 2002 16,794 2003 16,794 Therea~er 16,794 293 898 -10- 1661 GOLDEN G__ATE FIRE CONTROL AND RESCUE DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATE_____MENTS SEPTEMBER 30, 1998 NOTE 5 - GENERAL LONG-TERM DEBT ACCOUNT~ A summa,-'/of changes in general long-term account group is as follows. Compensated absences Capitalized lease - build,rig BALANCE SEPT. 30, _ 199.~7 $ 73,664 394 6.4.4.4_,~62 BALANCE SEPT. 30, ADDITION__S PAYMENTS 1998 $ 10.959 $ (4,672) $ 79,951 ~ 0 1__~) 377 868 NOTE 6 . PENSION PLAN OBLIGATIONS All paid District employees are partJopants in the Florida Retirement System (System), a defined benefit non-contributory multiple-employer, cost.sharing public retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Rehrement. The plan covers a total of approximately 790,000 employees of various governmental umts w~thin the State of Flonda The System prowdes for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of service, Early retirement ~s avadable after 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age Ret,rement benefits are based upon age. average compensation and years-of-service cred,t where average compensation is computed as the average of an individuars five highest years of earnings Part~opating employer cor'tnbu:~c~s are based upon State-w,de rates estabhshed by the State of Florida These rates are apphed to employee salaries as follows regular employees - 17.43% and s~ecial r~sk em~ioyees - 27 10% Or~ July 1 1998. rates changed to 16 45% fregular) and 25 32% (speoal risk) The funding pohcy provides for monthly employer contributions at actuar~ally determined rates that are determined using the entry age actuarial funding method The District's contnbubon tO the plan for the year ended September 30, 1998 was S192,891 and was paid by the due Cate for the contnbubon. This represents approximately 26% of the Distncrs covered payroll of S741 540 The total I:ayrcU for fiscal 1998 was S741.540 In addibon, the D~stricrs contribuhon to lhe plan for f;sca~ t997 and 1996 was $168.096 and S139666 pa~d by the required due date for the contnbut:on ' -11- GOLDEN GATE FIR~ND RESCUE DIST NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS SEPTEMBER ~1998 NOTE 6 - PENSION PLAN OBLIGATION~ontinued) The pension benefit obligation for the System as a whole, determined through an actuarial valuation was $61 5 billion at June 30. 1997. the dale of the most recent actuarial report, The report also indicates that the System had total net assets available for benefits of approximately $56.2 billion at that date resulting m an unfunded pension obligation of $5.4 billion. The total unfunded liability is being amortized over varying pedods not to exceed 30 years. The pension benefit obligation which is the actuarial present value of credited prospected benefits, is a standardized disclosure measure of the present value of plan benefits, adjusted for the effects of prOjected salary increases and step-rate benefits estimated to be payable in the future as a result of employee service to date. A vanety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a) a rate of return on the ~nvestment of present and future assets of 8 percent per year compounded annually. b) projected sa!ary increases of 5 5 percent per year compounded annually, attributable lo mflahon. c) additional projected salary increases of 2 percent per year attnbutable to senonty/merit, and d) a post-ret~remer~t benefit increase of 3 percent per year, The measure ~s intended [o help users assess the System's funding status on a gosng concern bas~s, assess progress made ~n accumulating sufficient assets to pay benefits when due. and make comparisons among retirement systems and among employers. The System does not make separate measure of assets and pension benefit obligations for individual employers Significant assumptions used to compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation, Ten-year h~stor~cal trend information 'showing the System's progress in accumulating sufficient assets to pay benefits when due and other pertinent factors are presented m the System's June 30. 1997 Comprehenswe Annual Financial Report ~ssued by the State of Florida D~ws~on of Retirement NOTE 7 - POST EMPLOYMENT BENEFITS The District provides a former fire chief with health and hfe insurance The D~strict prowdes th~s non-contributory benefit as pa,"t of the former fire chief's contract In September 1998, the D~str~ct agreed to pay 50% of the monthly health insurance premium for the former fire chief's spouse pursuant to a settlement agreemer, t The D~str~ct considers these arrangements as a Day-as-you-go plan The District ~s o,. ,=¢,=,. :o ~a't for ",ese se'*efits ¢or the former fire cmef untd d~a,h and for the spouse until age 65 Th3 total ~,eaith and hfe insurance premiums paid by the D~str~¢t under those arrangements were $2.398 in fiscal yea¢ 1998 · -12- GOLDEN GAT__~E FIRE CONTROL AND RESCUE OlSi~ ~" . NOTES TO GENERAL P__URPOSE FIN._ANCIAL STATEMENTS SEPT_.~EMBER 30 19,...!_~98 NOTE 8 - YEAR 2000 COMPLIANCE The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT began Year 2000 efforts approximately four months ago. The District is running a 6-station network currently using LANtastic 7.0 for networking and running both DOS programs and Windows 3.11 programs. All of the,r hardware BIOS to date ss Year 2000 comphant. It has been identified that the D~strict needs to upgrade from Windows 3.11 to Windows 95.98 or NT for its operat=ng system and along with that the network software. The District's fire reporting software is Y2K comphant, however, with the next upgrade that is coming this fall, they will be required to have Windows 95 or later for their main operating system. The Distncrs bookkeeping software is Peachtree 11.0 and it is Y2K compliant per a letter they have received from the manufacture. They have an additional data base software called Q&A that they use for.inventory control, monthly reporting and new construction plans tracking that will need to be replaced. As of th~s date they are currently evaluating the direction they need to go for its networking software as well as what windows version to use. It may be possible to do the networking through Windows. It is anticipated at th~s bme to go before ihe District's Fire Commission in April or May with pricing and information recmred to make the upgrade occur. An estimated cost for doing this upgrade is $6,000 - S8,000. -13- 16Gl PART II. OTHER REPORTS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS December 22, 1998 Board of Commissioners GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Naples, Florida We have audited the financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT ('the "District") as of and for the year ended September 30, 1998, and have issued our report thereon dated December 22, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards. issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's financial statements are free of material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, 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 noncomphance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Rel~ortin~l In planning and pedorming our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting.. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control ova; financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a -14- Board of Commissioners Golden Gate Fire Control And Rescue District Oecember 22, 1998 Page 2 Internal Control Over Financial Re~ timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses... This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Flodda, is a matter of public record. -15- December 22. 1998 Board of Commissioners GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Naples. Florida MANAGEMENT LETTER Commissioners: This letter is in regard to the independent accountants' report on internal control and is prepared in accordance with the Rules of the Auditor General Chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Flodda Statutes, has not been filed as of the date of this letter. The Distdct will prepare the financial report and it will be in agreement with the annual financiat audit report for the period ended September 30, 1998. 1. RECOMMENDATIONS FROM CURRENT YEAR'S AUDIT: There were no management comments for fiscal 1998. 11. DISTRICT'S ABILITY TO CONTINUE During our audit of the general purpose financial statements of GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. as of and for the year ended September 30, 1998, nothing came to our attention that lead us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.55Q This report is intended for the information of management and the Board of Commissioners of the District. and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Flodda. is a matter of public record -16- Golden Gate Fire Control and 'Rescue District December 22, 1998 Page 2 We wish to express our appreciation for the cooperation and courtesy extended to us by the employees of the District dudng our engagement. Should you have any further questions as to this letter, please feel free to call us, Very truly yours, WENTZEL, BERRYJ& ALVARE~., P.A. Certified Public Accountants -17- MEMORANDUM RF( .FIVF[' ~"isc. C°~:~:espondence Agenda Date . ,,-"~ ~ , Agenda Item # TO: FROM: Sue Filson. Administrative Assistant Board of County Commissioners Derek Johnssen. General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 22. 1999 RE: M,scellaneous 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 D~strict has submitted the following: (a) Thank you Minutes of Meehng held January 14. 1999 Cop~es To: Gar9 L. Moger, P.A. i.~nd Dcvcloprncnl ~'~ M,m,~iemr'nl Cofl~llll~lnl 10300 Northu,est Eleventh Manor Coral Sprin~4s, Florida 33071 (954) 75343380 March 1, 1999 Memorandum To: From: Robert Fernandez County Manager C/O COLLIER COUNTY GOVERNMENTAL CENTER 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, FL 34112 Timothy J. Gillett CLERK OF THE CIRCUIT COURT FINANCE DEPT. 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, FL 34112-3016 James Reinders SUNBELT REALTY GROUP 870 Bald Eagle Drive #lB Marco Island, FL 34145 Marty Redovan SCHULTZ, CHAIPEL & COMPANY 12660 World Plaza Lane Ft. Myers, FL 33907-3987 Gary L. Moyer, Manager Minutes of Meeting held January 14, 1999 Enclosed for your records is a copy of the Minutes of Meeting of the Board of Super~4sors of the Key Marco Community Development District held as referenced above. GI,M/km Encl MINUTES OF MEETING KEY MARCO COM~HJNITY DEVELOPMENT DISTRICT The regular meetir, g of the Board of Supervisors o£ the Key Marco Community Development District was held Thursday, January 14, 1999 at 10:00 A.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 Chairman Vice Chairman Assistant Treasurer Asst. Treasurer/Assistant Secretary Assistant Secretary Also present were: James P. Ward Chuck Adams Bruce Anderson District Manager Director of Operations Attorney FIRST ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order at 10:02 A.M. and stated that all Supervisors are present. SECOND ORDEROFBUSINESS Approval of the Minutes of the December 3, 1998 Meeting Mr. Reinders stated that all Supervisors had received a copy of the December 3, 1998 Minutes and requested any comments, additions, deletion, or corrections. There not being any, On MOTION by Mr. Henderson secon'ded by M~". 'Reinderst with all in favor the Minutes of the December 3, 1998I Meeting were apDroved. ~ TtIIRD ORDER OF BUSINESS Consideration of Award of Landscape Maintenance Contract Mr. Reinders asked how do you want to proceed with that, Mr. Ward, as far as discussion? Mr. Ward responded let me introduce the item for you and then the Board discussion and a motion would be appropriate. January 14, 1999 Key Marco C.D.D. In accordance with the provisions in the Statute, your staff took the time to prepare the specifications for this work which specifications were consistent with specs that the Homeowners Association was previously utilizing, with the exception of some items that were in the'Homeowners Association specifications, which included mosquito control and some miscellaneous lighting repairs. Bids were taken and the lowest bidder is Michael Todd, Inc. in the amount of .$75,783 for the first year which is eight and a half months. The way the bids are structured there is a second-year option at the discretion of the District to renew the contract in the amount of $108,751. It is, obviously, well under the budget that we had for this Project. If you have any questions, we will be glad to answer them for you at this time. Ms. Henderson asked why did we elect to delete those couple items from the specifi cations? ,Mr. Adams responded they were not items that you would typically have a landscape company do for you. Therefore, I felt there was some middleman part being played by the Assistant Contractor. I would recommend that we move forward directly with companies that handle those specific items and get away from any potential mark-up in between. Mr. Reinders stated I guess my primary concern in all of this is that you only received a single bid. We did mail-out packages to several potentially qualified bidders. I do not know if it, perhaps, had something to do with the time ofyear where we were sending them out about Christmas or we just did not get a lot of response to the situation. I am, frankly, a little uncomfortable committing the District to a subsuantial contract on the basis of, in effect, a single bid. At the time, we were thinking we had to move quickly, although in the interim, I gather the Association is carrying on in terms of maintenance and is prepared to do that for awhile longer. My inclination here, frankly, is to see if we can generate some additional bids befi~re we make a final determination on this item. Are there any particular thoughts or commen~s on this? Mr. Henderson stated I tend to agree with you, Mr. Reinders. I was a little disappointed that we only got one bid. I think, probably, your comment on the timing was appropriate, and I was the one who was pushing us to get going because I was afraid we were going to be left without any main~nance for three or four months. I just did ~ot want to see it go down. I tend to agree with you. I am a little uncomfortable that we only had one bid, and again, I think, part ofit was the timing. It was just a very awkward time to do it. I am surprised you even got any response 2 January 14, 1999 to do it in the period of time we were pushing it. We were the people who promulgated that. Sir. Reinders stated I say that in part because I know the Association had received three or four bids when they were looking at it. There are other potentially interested parties out there if we can reach out a little more convincingly. Do we have any particular problems if we wanted to defer and solicit additional bids on this, Mr. Ward? Mr. Ward responded you would reject the bid and we would have to re-bid the program. You open yourself up to two things. The first is, if the next bid comes in higher than thc $75,783, you do not have the ability to go back and say you like the $75,783. Secondly, you have opened the door for other bidders to know the numbers that are already on the table in this particular bid, there $75.000, I am not sure that incur when you do things like and, if they come-in at a number different frmn what is are some issues with respect to that happening. For is a huge legal problem, but it is the liability that you that. Mr. Reinders stated I suppose the worst case would be a potential claim by this bidder for lost profits for the eight-month period if he did not ultimately get the contract, which is probably not a terribly large sum under the circumstances. Y, Ir. Ward stated no, probably not except in this Distrqct, cash being what it is. Mr. Reinders asked how are our actual collections, if I may ask? Mr. Ward responded we currently have about $100,000 in the Operating Account which came-in from the month of December. Mr. tlenderson asked is that from people who paid their taxes early.9 Mr. Ward responded they pay their taxes in November or the early part of December. Mr. Reinders stated'I move that we reject the bid for the primary reason that was stated, and put it back-out to bid again with the idea of trying to schedule a meeting around the middle of February to act on this item. Mr. Ward stated one thing we need, before you have a second to the motion, is let us just talk about the timing to do all of this. The current Contractor's bill, if my memory serves me correctly, is something just shy of $10,000 per month in order to do it. I know for a fact we could pay for the month of January from the Homeowners Association with respect to that month. It is ,lanuary 14th and the probability of getting bids in before February lstare slim to none, more none than slim. If the Homeowners Association has any desire to go above the threshold that is in the Statute, we literally have to change Contractors in order for that to occur because January 14, 1999 Key Marco C.D.D. there is no opportunity for the District to pay or to re-pay the Homeowners Association for anyt}fing'that occurs past the 31st of January. Keep that in mind as you make your decision. Mr. Hendrson asked what makes that happen? Mr. Ward responded it is a requirement of the Statute. Mr. Reinders stated you cannot make payments in excess orS10,000 for goods and services without having gone through this competitive-bidding process. To the extent we would entertain reimbursing the Association for landscape maintenance costs, it would be limited to the month of January. The Association would have to deal with any other consequences because, chances are, we would not have any reasonable opportunity to meet again and consider the award of a contract until about the middle of February. Y, Ir. Ward stated correct. Which means the beginning of March before you get a new contract started. The issue you need to deal with is, in to,ms of trying to got more bidders to bid a project, lengthening the bid time is the primary way in which you do that. There is no question when you bid it over holidays under a two-week period, or whatever the Statutory time frame is, you tend to come-up with a lesser number of bids. Ifyou want to go through this process, what we would end-up redoing is lengthening the bid process from probably 14 days to something like 28 days. Mr. Henderson asked do we need to do that or could we keep it the same length with the assumption that, now that we are out of this holiday time, we would be able to get some moro bids with the same length of time? Mr. Ward responded I am not sure I would make that assumption. Mr. Henderson stated I think it is a pretty good assumption. Ms. Welks asked how quickly does it go back out for bid? Mr. Ward responded we could advertise it tomorrow or ~ithin three days. Mr. Watson asked how long did you give it before? Mr. Ward responded whatever the Statutory time frame was which is probably two weeks. Mr. Watson asked so why can we not do that again for two weeks? Mr. Ward responded we certainly can. My point is, when you are in a position that you are before a governmental body and you are rejecting bids for the reason that you want to obtain more than one proposal, the way in which government does that is it lengthens the bid process. In the normal sequence of events, I would automatically lengthen the bid process in order to try to obtain more quotes on this kind ora project. January 14, 1999 Key Marco C.DTD. Mr. Reinders asked how much time does your office need to collate, analyze, and make a recommendation? Mr. Ward responded one day. Ms. Welks asked does the contract have to start on the first of the month? Mr. Adams responded no, in fact, some of us originally anticipated that the company would start tomorrow. Mr. Reinders stated without a second, I assume I can withdraw my Motion and I am going to re-state the Motion. Landsca,pe Maintenance bids were rejected and the Manager s Office was authorized to re-advertise and to solicit bids for the Landscape Maintenance Contract with a deadline of Monday, February 15, and a start date as uickl as ossible. ~~ Mr. Anderson asked just so we do not have any technical problems, can we make it the 16th. The 15th is a holiday. It is President's Day. Mr. Reinders responded okay, we will go with Tuesday, the 16th, just to be sure. Mr. Reinders stated that is sufficient guidance for you to go back on this item and we will take it from there. The next item to address is the matter of security pursuant to this Memorandum that we have to the'Board from Mr. Adams noting what the District has been requested to budget for the transfer of security services to the District. Because this does not fall under the definition of a "maintenance service," we are not required to competitively bid these services. However, we do have hourly rate proposals from several companies. I take it you contacted four firms and got proposals from two, one of which is the existing security service out there which also happens to be the low bidder with and without vehicle. To the best of my knowledge, Allied has provided reasonable and consistent ser¥ice over the years. Putting aside, for one moment, the question of what kind of schedule or how many hours, I would personally be quite comfortable with the continuation of their services out there. Do 5 January 14, 1999 Key Marco C.D.D. we want to th/nk about a different schodu]e in order to further conserve dollars at this point? We are still somewhat uncertain as to the timing or influx of dollars to this District. Mr. Henderson stated, Mr. Reinders, I think it makes sense. If all the tax certificates are sold, we do not have a problem. If the tax certificates do not sell, we have a problem, a big problem. Mr. Watson asked how does that work within the confines ofthe Master H.O.A. Agreements with the homeowners to provide 24-hour security? Mr. Reinders responded I do not know that is a commitment of the Association. It is a sera'ice that has been provided historically. It is a service that, if and to the extent the Association is not satisfied with the amount of services provided by this District, they are certainly free to supplement that. They have their own process, and are going through a turnover. They can set their own budgets and so forth. My question is, basically, what is a reasonable level of service, what is deemed reasonably desirable under all of the conditions out here? You gentlemen actually live out here and are closer to most ofthe homeowners. What is your sense of this? Mr. Henderson responded several of the homeowners have approached us. All things being equal, we have plenty of funds to fund security. But, people would generally feel a little more comfortable with somebody at the gate 24 hours a day just to handle things like malfunctions and so on. The homeowners that I have talked to felt that, with the situation we currently have--there are only eight of us who live there now--and with the uncertainty of the funding, there seems to be a concensus of the homeowners that, at least for a period of time, until we get a few more homeowners in there or until the uncertainty is resolved relative to how much money we are going to have to fund this, we could consider a guard on the gate from 6:00 A.M. until 10:00 P.M. Then gate entry from 10:00 P.M. until 6:00 A.M. is by card. Mr. Reinders stated which it is currently geared for. Mr. Henderson yes. But, I assume in order to make that change, the homeowners would have to discuss that and approve it at the Homeowners Association Meeting before we would make that change. I do not know. Mr. Ward stated not from the District's perspective. Mr. Watson stated the homeowners would have to pay any supplemental to what the District is providing. Mr. Reinders stated or they can come back and petition this Board to consider an expansion of services if they are unhappy. But, I would consider it prudent to cause some diminution in the total costs here. Ifyour sense is to trim roughly a third 6 January 14, 1999 Key Marco . . . of the total hours, in all likelihood it would be acceptable to our constituency out there. I think we should set it up that way initially, and wait and see what kind of reaction we get. That is not for Allied and I think it is prudent on our part. Again, these are public meetings and they are welcome to attend and input the process. I think we have to use our reasonable discretion in the interim. Mr. Ward asked do people have a card? Mr. Henderson responded yes, we have a card. Residents have three ways to get in. have been Mr. Mr. coming in. Mr. Mr. Ward stated changing the guard hours is not going pose any operation problems. Mr. Reinders stated you only have eight full-time residents up there. Nobody goes anywhere at night, to speak ofanyway. Mr. Watson stated you dial your home. Someone at home can press *6 or *9 and that opens the gate. You can program-in a personal code for you. Say, you come to the telephone entry system, you can dial your house and dial-in your personal- entry code of four digits and it will open the gates. You have a remote to get through the gate and a card to get through the gate. Mr. Henderson stated it works well. I have never seen it malfunction since I li~ing there. Watson stated the final one is to press the gate over. Henderson stated somebody did that over Christmas going out instead of Watson stated security is not a fool-proof system, that is for sure. Mr. Reinders asked how quickly can we move to make this arrangement. Immediately? Mr. Ward responded yes. Mr. Reinders stated I want to move that we go ahead and engage Allied effective immediately. Do they currently have a veldcle there to do patrols? Mr. Henderson responded they have a vehicle there to do patrols. Mr. Reinders responded we do it on the basis ora guard ~th a vehicle at a total cost of Sll an hour. Mr. Watson stated the only problem with that, Mr. l?.eindcrs, is the patrols are all on that nighttime shift. Mr. Henderson stated I think we probably should address how that goes. 1 would think, when we were discussing it with some of the residents out there and looking at that operational scenario, how it might take place if, in fact, we cut-back a 7 January 14, 1999 Key Marco C.D.D. shift, one option we had talked about is to actually have somebody on the gate from 6:00 A.M. until 9:30 P.M. From 9:30 P.M. to 10:00 P.M., before the guard goes home, that person makes a final security patrol, goes down and checks the docks, and checks all the areas. Mr. Watson asked why don't you just push that one step further and have a patrol when would the last half hour before the shift leaves, and have a patrol the first half hour the guard gets there? For 50¢ an hour more, I do not think the homeowners mind that. Mr. Henderson responded that probably would make a lot of sense. On MOTION ~derson] with all in favor Allied.Security was hired immediately on[ the basis of a guard plus a vehicle for the hours of 6:00[ A.M. until 10:00 P.M. with some roving patrol function, to[ be determined, durin that shift. M r. Reinders asked is there any discussion, questions? Mr. Henderson responded, Mr. Adams, as far as defining the hours of patrol and so on that, in your discussion with these folks and the contracts and the bids, cnn we still define what we want for them and have it fall within the pea'Jew of this Proposal.'? Mr. Adams responded yes. *Ir. Ward stated except you might want to withdraw the time schedule in the Motion. Mr. Reinders stated instead just say "with some roving patrol to be determined." *Ir. Watson stated we have to make sure when we cut-down the amount of hours the new price does not go up. In other words, you are saying you are going to get two-thirds of the hours you originally bid. Does it go from $11 to $12 an hour if' there are less hours? Mr. Ward responded just so we get the Motion right on the record, what I would do is make a motion to authorize Allied at an hourly rate of $11 per hour, which includes a vehicle, not to exceed twelve hours per day, seven days a week. Mr. Reinders asked is there any further discussion? I guess if there is a significant change or a change in the hourly rate as a functi~m of the decrease in hours, you will let us know. In case we have to re-think this in any form or fashion, we will, but, hopefully, it is fixed. January 14, 1999 Key Marco C'.D.D. Mr. Adams sated I am assuming it is the same. On ,',lOTION by Mr. Reinders seconded by Mr. Henderson with all in favor the prior motion was amended to say "Allied Security is immediately engaged to provide security services at an hourly rate of $11 to $12 an hour, which: includes a vehicle, not to exceed twelve hours per day, i seven days a week." ,%Ir. Reinders asked is there any further discussion on this matter? It is going to take a motion, I assume, Mr. Ward, to authorize this, in effect, reimbursement of the Association for landscape maintenance services for the month of January? Mr. Ward responded no. Actually, if the ttomeowners Association needs to do it, I can talk to Ms. Welks about it. Just submit the bill to us anti, if it is within the constraints of the Statute and the Budget, I can authorize it. Mr. Taylor asked what is the issue on mosquito control and street lights? Is that a separate issue? *Ir. Adams responded yes. We want to try to keep those separate. Go right to an electrician or a pest-control company and negotiate or bid with them directly, and cut-out the middleman as it appears was happening here with the landscape company. It was acting as a middleman to bring them all in which is convenient in terms of dealing with one Person for ali these maintenance issue. I suspect there may be some mark-up on some of those. Mr. Taylor stated typically, most of your landscape maintenance operators would also be subbing-out the pest control for cinch bugs and all of those other type of items, too. It is all according to which Contractor you use. Some Landscape Contractors actually have their own maintenance division or pest-control division, so on that aspect, it might be prudent to put it in the Landscape Contract because it is both. Mr. Adams stated with mosquito control, I do not find a lot of Contractors geared-up to do mosquito control. It is a specialty item. What I would like to do is have the ability to negotiate separately and directly with those companies that do provide mosquito control. I also need to determine the level of service that is expected out there and get a little bit more information on that facet of the program. I do not have a lot ofinformation on it. I need to rush this bid out. Mr. Taylor stated mosquito control has never been a science. It is as-needed, when-needed. Unfortunately for us as a District, it is not really necessary for the 9 January 14, 1999 Key Marco C.D.D. next couple months. It is mainly a function of the summer months when the mosquito population is rather large out them. Mr. Henderson stated last year I think it was handled very effectively out there by Mr. Taylor and his workers. You had the equipment there that was sort of tailored and, when we needed mosquito spraying, we could get it. The guys were right on-site. Let me give you an example. The construction workers come to work on my house or any other house on a given day and the mosquitos were so bad they said "we can't work." So you call-up Mr. Taylor's guys and say "hey, we need a little emergency mosquito control down here around 1167 Blue Hill Creek Drive." Thc mosquito guys are down there in an hour with a little portable sprayer and the construction guys were back to work. Air. Adams stated that is certainly some of the information I need so I can understand what we want to do with this program. I need to decide if it is a straight three days a week and we pick those three days, or ii'it is on an as-needed basis and respond on receipt ofcalls. What I saw in this proposal is three times a week and I am wondering "you probably do not always need it three times a week." That is sonic of the information I need from you out there to help me find better services. Air. Reinders stated my suggestion is to go ahead and address this landscape maintenance. We will keep it to the landscape, extend our period of time, try to broaden our bid base and make a reasonable decision. Since we are not in too big a crunch about mosquito control right now, we can then provide some additional input for Air. Adams in preparations listing additional bids related to mosquito control. If it happens that the Landscape Contractor we end-up with wants to bid that, he can always do that. He has some advantageous position by ~4rtue of being there and it should reflect in his costs. Ifit does not, we will go get somebody else. Mr. Adams stated that will allow me to negotiate with them and probably do a Change Order. I would like to throw that around and see what we get for numbers. Mr. Taylor stated then, basically, the only other item would be lighting maintenance. *Ir. Adams stated we will havo a licensod electrician come in. What I am currently doing at Fiddlers Creek is we have an electrician that comes in and does the inspection twice a month. He drives through in the evening, inspects them all, tags the ones that are out, comes in the next day (or two days later), and fixes them. We have him do that with any landscape lighting and streeting lighting at the same time. Mr. Taylor stated that makes sense. 10 January 14, 1999 1SG ' ~Marco~.D.D.' Key FOURTtt ORDER OF BUSINESS Staff Reports A. Attorney Mr. Anderson stated I' have nothing additional. 13. Engineer There not being any, the next item followed. C. Mnnnger Mr. Ward stated Mr. Anderson reminded me that the maintenance standard was changed last year instead of what I referenced earlier. Mr. Reinders stated if this thing drags-over another half a month, which with our schedule it v,~ll, we will be in better shape. FIFTII ORDER OF BUSLN~ESS Supervisors' Requests and Audience Comments Mr. Reinders asked do any ofour Supervisors have anything they care to add today? Mr. Henderson responded, Mr. Adams, along the same lines, in going back to the maintenance contract, we tried to conserve our funding because of the uncertainty on the security. I am wondering if we should not have that same sort of mentality as we go into our. Landscape Maintenance Contract, We did not give any guidance along that line, but I am wondering if we should take a hard look at the specs to see if there are some things that we should relax a little bit, say, relative to Fiddlers Creek or Lely who are in a little different funding situation. They do not have the uncertainty we do, at least for this first year. Mr. Adams stated the specs that were sent out related to Key Marco were significantly reduced below what you would have for Lely or Fiddlers Creek. What I essentially did was I went through the schedule that was provided by these Contractors to the H.O.A., saw that you mulch probably twice a year. In other comraunities, we do it four times a year. Fertilizing was significantly cut back and pruning of growth was significantly cut-back. It is definitely a scaled-down set of specs which will provide you essentially with what you are getting right now. What I thought was a reasonable price coming in, obviously you are uncomfortable with just one bid and we gear back up and do that. But also bear in mind the way we do this. I have provided you with those bid schedules specifically so you could see how we bid these thing out. We can remove any of those items. If we get to the time to mulch and it really does not need to be done, funds may not be available and we will 11 January 14, 1999 Key Marco .D withdraw that item. When we get to the time when funds are really available, we can always re-add that item. Mr. Watson stated so, we have the ability, when we pick a Contractor, if we want to reduce the spec, we can get a cost on it. Mr. Adams stated we can remove line-item by line-item as they come on and it may not be necessary. Obviously, if we do not have the money to mulch, we are not going to be mulching. This provides about as much flexibility as you come in. Mr. Reinders stated again, we have a unique situation where we do not have that many residents in the community and we have some collection issues. You have a community that has a lot of natural greenery anyway, so you do not necessarily have to get the same level of manicured look to be consistent with the image you are planning. We can look at that when we review the bids that we will have in. When we award a contract, we can first review by line-item or we can award a contract and then go back and have a go at tailoring the services and costs. Is there anything else from thc Supervisors? Mr. Henderson stated so now as far as the bid process concerns Mr. Adams, we will go out, there ~"ill be a notice in the paper just like there was last time, and away we go. That comes out in the Naple Daily News. When do you expect that will be in? Mr. Adams responded I will notify these people. These have all been thrown- out today. I will put the ad together today. I would say Monday is the earliest that the ad will actually get to them. It will be sent to them today. It just takes a few days to get there. Mr. Henderson stated that is very responsive. Good. Mr. Reinders stated I .would appreciate it ifyou would please FAX a copy to my office after it appears. I will give you the FAX number. Is there anything else? Hearing none, On MOTION b~d by Mr. Reinders with all in favor the Meetin was ad'ourned at 10:35 A.M. Secretary 12 I6G1 Thursday Jasnuary 14, 1999 10:00 A.M. 1. 2. 3. 4. AGENDA KEYI~IARCO C03~IUiNqTY DEVELOP~I~'T DISTRICT Key Marco Developments 3185 Horseshoe Drive South Naples, Florida Roll Call Approval of'the Minutes of the December 3, 1998 Meeting Consideration of Award of Landscape Maintenance Contract Staff Reports A. Attorney B. En~necr C. .Manager 5. Supervisor's Requests and Audience Comments 6. Adjournment NOTE TO ALL 5IE~'G A~'DEES: Please identify yourself ~.0.~ time you speak to facilitate trar~,cription of meeting minutes. Thank you for your assistance. A~f~dew~ of P~bL~ca~on KEY I~R¢O CCFMb~[TY IX~mA HOLE=AY 10~00 ~ 11TH E~Cq CORAL SP~[.qGS FL 33071 RE;EREN:E: C25~C~ County cf a~eared J:~ ~31~c', o~O N~S, a daily ~e,.$oace' dates CoLLfer C~ty, ~Lor~:a, n~spaper has ~eretofore ~bLish~ in sa~d CeLtic- Co~':/, rt=-~da. ~tter a: the ~: c'~:~ next prec~ieg t'e f~'s: attach~ cc~ cf ~ve-:ise~e~t; a~ affiant further says c'at s~e has ~eit'er dtsc~t, re~te, co~issi~ ~r~se Of securl~ this ~vertis~e~t for ~bt~cat~ ~n the sa+d Pt~LXSHE0 0~: 12/18 AD SPACE: 0117_ 0117 ,[ar m_ NOTIC~ TO CO~A~S AY- WATER ~NA~NT ~R~ ~.~ ~A~ lB = .... ~~ ~r~ewea~,, i M~;, ~Ce~ 21, I~ e,ds will ~e A ce~fie~ ~ C~t~s Ch~k on o ~o~1 ~ ~le ~ KeY M~CO Com~um~ f~ In ~ CO~O~ ~ume~ .... [ ~ ~ ~ ~ ~ w~ve ~e~, ~cn~O~ ~ ' KEY HARCO 0ONMA HOLIDAY 10~:)0 CORAL SPR[.~GS FL 33071 REFEPE~CE: 0255C6 State of FLorida Co~ty of Coll:er Before tee ~tes list~. Affiant furtHe~ says t~at N~s ts a n~s~r ~[fs~ Collier C~ty, n~s~per ~s ~ere:o~ore ~Lish~ in said CoLtier ~tter at the ~st off,ce CotLier C~nty, Florida, ne~t prec~ t~e f:rs: attach~ copy of ~vertise~e~:; further s~s that she has pr~s~ any person, f~r~ d~sc~t, re~te, ~r~se of securi~ this ~LJcat~ in the said PUBLISHED GN: 01/06 AD SPACE: 54.000 :NCW FILED (~: 01/06/99 ~ , , i ,n~ ''~ ~"~- 'L.(-'''' l ~ ''q''' '''~'''~''-'': f'-''~T/'~-'l ' ............... ' ........ ' Sieatur* o~ , .~... · ,,,. N~ ,"1CE OF MEETII'~G KEY MA~mCO COMMUNITY DEVELOPMENT DISTRICT The re,g~.dom" eneeft~,g O~ ~ ~e Kev 2~co C~- mun;tV OeveloDm~flt O1~ win ~ h~d ~ Thur~, J~'V I~ ~ IO~ ~.M. ~ ~e ~CrS ~ Ke~ M~CO ~- ShOe Drive SOuth, ;Pa~oE 02 MOYER & /LSSOCIATES r~l.Y ?0 Suite M EMORANDU'M Phone: (054) 75t-5541 Fax. C954) 345-1292 TO: Kz-Y .%~,.~,C,O- ItO.~2,D O~ SU?-~4.V'~OIt. S C~ 1.0300 N w C~] SpnnSL ~O3~ ~%' ~, .~.~ ~- D~ O~ OP~ Phone' (9~) 75 F]x (9~43 '55-~701 DATE: D.ccz r~?? r~er.<'~ ~u~M ~;~ for ~e co~ :n ~'~ ~t.o~-~&' ~'~? m.~t~r, ce ~&~ ~Z~e: :~r.~:.g ~ of ~c ~'~. :: ~ s:~ff's recc~=~a~:o~ '= ~'~ ~h: :c~-r~c 'o ~fi~.~ei Ted& inc. f~,r Irorl~n8 together to ler~ our commumt~e~ DEC 2~ DEC 3g 'gG I~:12 15alS929921 Fq::GE. 03 19d1592c~21 DISTRICT Fliab ~" 1~15929~21 PAGE.~ i MEMORANDUM BOARD OF $L'PERVISOR$- KEY .MAR(20 C~)D OffESLEY E. ADA.%fi jR.. DIR1rCTOR OF OPERATR3N~i ~£CI.RrI'T SERVICES TC~ FROM: SUBJ £CT: DATE: MOYER & ASSOCIATES REPI.Y T¢)- · ~. 210 N Umversity r~ve S~Jile 501 Phone': Uti4) 753-~1 Fax: (9%) 3'15-1~2 ~ ~ 10~ N C~nul %~ing~, FL 3~}71 Phone ~O~4~ CC: j LM 'X'ARD D [~'IT.I(71' .~L&NAGER [)i~::c: ha~ ~ec.". reque<ed :o a.~,t budge~ b~r the trm~fer e,f the %tut::'. Scr'.a e~ to ~}l~' i}i~mc;. ~e~ ur:t;' does .".:~: f:;! undcr :~' ,~fln:'~inn ~,f a mair.'~enarcc se."::{r and '~ercf,,:,'. m aco~r ..~,~,.r T'nerefore. ~',aff has requested h,~v r~te propo~ai~ from -~ chffer~..t ~'~r.':.' c,~mpas:,r~ ~t:,t dar pr,,e t,bul.~ion :s as foll~'s: } I,,~:rl;' rate (g'aar~ on6'} [ [ourl7 r::c ._i':.,a.-:i ~. ' sch:d~ ~ Pu'tker~,n no Nd n,, bid G,.tlfcoas~ n,, Nd nn b,d As :,'~,~ 's'tll note. from the tabularium, Allied Secur/ty is the lo.s'est b,&ler ,,n Nrth OlXiOns for which pr,ces · ~'~r requested. Allied SecuriD' is the current'security corn. pam' '~h :he [ k)meces-ners Assnciatinn and have been ?ro'.'id:.qg ~alisfat~o~' ~'rvIce. 'FEe c~a'r, er.t prcgr,tm :o.,',si~t, ~,:' ,me ~ard '~,'tth a vch;de. 21 hot.c5 per da'.'. 3,,5 ,ia:', a ,vr,~r. 'l']:e cnqt for pro~'~tn. ~:t:der ,he pn~posaJ fr ,m Al'.ied ~t'~utay. 'x'ou~d be $11 ::5 per .'m~ur r $'1%3,C..5C per },ear. D:s:n~ b,.~dgt't S'YL=5:.'3~ for th,s ~er'vtce an,{ larov~t;.ed :hr [Js~,tn~: rote:se'. ;.. ! ~,~ tax 1:",':' ,~ .~ t;rnelv fashion. '~'e ~'~ have va.;f:ciertt funds to for this prt~Tarn. T?:eref, ;re. ,' r: :~ :e~ :m~:ncnd:r:;: i'~ i,,d:ng r} i~ sc.", ac', ,,, ,.~.l,:e,o S~.~ ':r" '. g/orkmR toRl'tber to sert,~' ot,~r communllws f 0 U 0 i,,C o o oooo ~°~o oooo oooo 0000 0 0 16G1 oooooooo o K 0 ~ IGGi ¢~ ~.- id I: 0 M~iL. 0 elk E~ 000000000 0 000000000 ' 0 0,( ,(l- MM oooooo o ...... o oooooo o o o~ 0'1 ,.Ice .j kl~J o o 16Gl ~ ..,1 ~l Mi 0 ~0 MZZZZZZZ~ ~O00~XZZ~X~ 00ooooooo000000000000 4 o o o o~oo=~O~Oo ~ ~o .... ~o~ o M Z 14 16G! · ' 0 · · 0 ooo~ o o o oooooo~o !6Gl ~ MEMORANDUM RECEIVED ~*~,'Mt~c', GoCmspondence,Agenda Date___ Agenda Item # TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen. General Accounting Manager/,//~,/ Clerk of the Circuit Court/Finance Department DATE: March 22, 1999 RE: M,scellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Herita.qe Community Development District, 1. Pursuant to Florida Statutes Chapters 189 and 190, the Naples Hedtage Community Development District has submitted the following: (a) General Purpose Financial Statements September 30, 1998 (b) Local Government Annual Financial report / (c) Description of Outstanding Bonds ~o~r~$ (d) Audit for 1998 ~.,,,-te,' -.--~-/ /" -- (el Budget CDr 1998 r., ,~,.t~r~tne '-'" hac 'r, te ~ .......,~"-" ~rry Thank you Community Development District 210 N. University Drive, Suite 301 Coral Spdn~ FL 33071 (954) 753-5841 fax (954} 345-1292 t4arch 3, 1999 General Accounting l~ana~er 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Attention: Hr. Derek ]ohnssen General Accounting lqana~r Subiect: Naples Heritage Community Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Dear Hr. ]ohnssen: Pursuant to Florida St.~tues, Section 218.32( I )(b), enclosed please find the t'ollowin~: I. General Purpose Financial Statemenu September 30, ! 998. 2. There is no Mana~mt Letter, or Flana~;ement Letter Comments. 3. Local Government Annual ~bl Report. If you have an',' questions or require any additional Information, please concact me. Yours sincerely, NAPLES HERITAGE COMPIUNITY DEVELOPMENT DISTRICT Director of Accounting Enclosures RECE)VED FINANOE m~-- 1~i ..i ~l [ Ii i i i Ii i,l ,i:l NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 1998 16G1 TABLE OF CONTEN"rs Indepcnden: ..\uditor's Report .................................................... I General Pu.'-7~se Financial Statements: Combined Balance Sheet - Ali Governmental Fund T5'17~:3 and Ac. count Groups ................................................. 2-3 Combined Statement of Revenues, Expenditm'es and Changes in Fund Balances - All Governmental Fund Types ................................................ 4 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual- General and Debt Service Funds ......................... ." .............. 5 Notes to General Purpose Financial Statements ................................. 6-15 Other Auditor's Reports: Report on Compliance and On the Internal Control over Financial Reporting Based on an Audit of General Purpose Financial Statements Pc r fo rm cd i n Accordance with Governmental Auditing Standards ................ 17-18 Management l.etter ..... ~ .................................................... 19 DASZKAL, BOLTON & MANELA C'~I~'[FTK~ FL'BLIC ACCOt~.'~A_N"TS A PARTNERSIIIP OF' PROFF, SSIONAL ASSOCIATIONS 16Gl. ~ W. PAL.ME'I'fO PARK ROAD, SLTi'E .300. BOCA RATON. FLORIDA 33432 TELE~ION'E (~61} ..~'/.1040 F~X t.(61) 7.q)-32..~) OF ('ERTII.1ED I~.'I~I.IC AC(?OL.~TANTS INDEPENDENT AUDITOR'S REPORT Board of Superxisors Naples i leritage Community Development District Naples. Florida We have audited the general purpose financial statements of thc Naples tteritage Community Development District (the "District"). as ofand for the year ended September 30, 1998, as listed in thc table of contents. These general purpose financial statements are the responsibility of Naples l lcritagc Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general pul-pose financial statements referred to above present fairly, in all material respects, the financial position of the Naples Heritage Community Development District, Naples. Florida, as of September 30, 1997, and the results of its operations for the year then ended in conformity ~th generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated December 18, 1998 on our consideration of Naples Heritage Community Development District's compliance and internal control over financial reporting. Boca Raton. Florida December 18, 1998 -1- NAPLES IIERITAGE COMMUIWrY DEVELOPMENT DIST'~ICf'T ~'~ '~ co.~ m N £ O STXrrM £,'~rr Or Rr..v~:~'vr.s, £XP£nDtTVR ES ,*,~ 01~~ ~ IN FUND BALANCES - ALL GOVEI~NrMENTAL FUND TYPES YEAR ENDED SEPTEMBER 30, 1998 ,'4 Revenues: Assessments Irrigation fees lntcrcst rcvcnuc Developer contributionq Total revenues Expenditures: Current operating: General govcmmcnt: Personal services Operating expenditures Capital outlay Debt service: Bond retirement lntcrcst expense Total expenditures Excess (deficiency) of rcvenues over expenditures Other financing sources (uses) Operating transfers out Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other financing ~ources over expenditures Fund balances. October 1. 1997 Fund balances. Scptcmber 30, 1998 Governmental Fund T_ .vpes Totals Debt Capital (Memorandum G~eml _Service Projects Only~ 0 $ 6,105,339 $ 0$ 6,105,339 27,625 0 0 27,625 0 174,610 36,922 211,532 53,085 0 0 53,085 80.710 6,279,949 36.922 6.397,581 6,400 0 0 6.400 70,2 ! 3 0 0 70,213 0 0 2.398,322 2,398,322 0 6,110,000 0 6,110,000 0 835.631 0 835,63 ! 76,613 6.945.631 2398.322 9,420,566 4,097 (665.682) (2,361.400) (3,022,985~ 0 (611,777) 0 (611,777) 0 0 611,777 611,777 0 (611,777) 611,777 0 4,097 (1.277.459) (I.749.623) (3.022.985) 4805 5,714.297 2.149,525 7.868.627 $ 8.902 $ 4,436.838 $ 399,902 $ 4.845,642 The accompanying notes are an integral part of these Iinancial statements. -4- NAPI.ES ilERITAGE COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CIlANGES IN FUND BALANCES BUI)GET AND ACTUAL - GENERAL AND DEBT SERVICE FUNDS YEAR ENDED SEPTEMBER 30, 1998 "' 1 oG1 General Fund Variance- Favorable ~ Actual v~Lllfi~g/lal/~ Revenue~: Assessments Irrigation fees Interest revenue Developer contributions Total revenues Expenditures: Current: General government: Personal services Operating expenditures Total general government 05 05 0 27.625 27.625 0 0 0 0 53.085 53,085 0 80.710 80.710 0 6,400 6,400 0 70.213 70.213 0 76.613 762613 0 0 0 0 0 0 0 0 0 0 0 0 Debt service: Bond retirement Interest and fiscal charges Total debt service Total expenditures 76,613 76,613 Excess (de ficicncy) of revenues over expenditures ,, 4,097 , ,1,097 Other financing sources (uses) Operating transfers out Operating transfers in Total other financing sources (uses) Excess (dcficiencv) of revenues and other financing sources over ex~nditures Fund balance, October I, 1997 Fund balance. September 30. 1998 0 0 0 0 0 0 0 0 4,097 4,097 4_g0~ 4_Rtl5 0 0 0 $ 0 The accompanying notes are an integral part of these financial statements. -5- Scrx ice Funds Variance- Favorable Actual __ ' vLU..afa3~ $6.105.339 56.105.339 $ 0 0 0 0 174.610 174.610 0 0 0 0 6.279.949 6.279.949 0 o 0 0 o 0 0 o 0 0 6.1 i 0,000 6.110.000 0 835.631 835.631 0 6.945.631 6.945.631 0 6.945.631 6.945.631 O. (665.682) (665.682~, 0 (611.777) (611.777) 0 0 0 0 (611.777) (61 !.777) 0 (1.277.459) (1.277,459) 0 __5.2.L4.2.9~ 5.71-1 297 O. ~4 436 838 54 4'~6 g'~g ~ 0 Totals {Memorandum Only} Variance- Favorable ~ Actual {Unfavorable) $6,105.330 $ 6.105.330 $ 0 27,625 27.625 0 174,610 174,610 0 53,085 53.085 0 6.360,659 6.360.659 0 6,400 6.400 70~!3 70213 76~613 76.613 6,110,000 6,110.000 835,631 835.631 6~945:631. 6:945~631 0 0 0 0 0 0 0 0 0 0 0 0 0 7.022244 (661,5857 (661.585) (611.777) (611.777) 0 0 (611.777) (611.777) (1.273.362) (1.273.362) ~:71q:10~ ~ 710 ~4445 740 ~ 4_445_740 NAI'LES IlERITAGE COMblUNITY DEVELOPMENT DISTRIC"F NOTES TO GENERAL PURPOSE FINANCIAl, STATEMENT NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES ~ 6~ Defining thc Oovermncntal Re.~x~rting Entity ' ' Naples f teritage Community Development District (the "District"l is located in Collier County, Florida. and ,.,.xs created in September 1996 pursuant to Chapter 190 of thc Florida Statutes fthe "Act). 'Iq'lc District v, as established for the purposes of financing and managing thc acquisition, constructic, n. mainten,'mce and operation ora portion of the infrastructure necessary/bt community development v,'ithin the District. The Act, subject to the limitations set fi~rth therein, authorizes thc District to issue bonds for the purpose, among others, of financing, funding, pkmning, establishing, acquiring, c,nstn~cting, enlarging, equipping, and operating and maintaining thc major infra.structure for community development. The District is authorized to levy certain assessments ~'hich include benefit and maintenance assessments and to levy special assessments for the acquisition, construction or reconstruction of assessable improvements. The assessments which may be imposed for the purpose of paying principal and interest on its bonded indebtedness may be levied annually by the District. lhe governing Nxty of the District is its Board of Supe~'isors (the "Board"L which is composed of five Supcr,.isors. The Supervisors are elected by vote of the Landowners of thc District. The District encompasses approximately 5.57 acres within Naples lleritage (thc "Development"). Naples ttcritage is a planned unit development located in Collier City. Florida. being developed by U.S. t tomes Corporation (the "Developer"). Within the approximately 557 acres in the District. approximately I01 single-family residential units, .558 multi-family residential units and 140 duplex villas arc expected to be built and complimented with open space, recreational areas, community facilities and a golf course. The District also contains extensive jurisdictional wetlands which the District will maintain and manage. The 1996 Bond proceeds will be used to finance the acquisition and construction ofccrtain improvements ofthe District. Special assessments levied on thc property benefited by those improvements ,.sill be used to repay the 1996 Bonds. Any infrastructure costs not covered by tile Series 1996 Bonds will be financed through additional series of bonds issued by the District. x~ hich x,. ill be payable from and secured by special assessments on the property benefitted thercb:,. Basis of :\ccc)t,nting and Measurement Fogus Basis of accounting refers to when revenue and expenditures are recognized in the accounts and reported in the general purpose financial statements and relates to the tinting of the measurement made. regardless of the measurement focus applied. *lea~surement focus refers to what is being measured The District uses the modified accrual basis of accounting for all Governmental Fund types whereby revenue is recognized when it becomes both measurable and available. Measurable means the amount of the transaction can be determined and available means collectible within the current period -7- NAi'LES IIERITAGE COMMUNITY DEVELOPMENT i)ISTRICT. NOTES TO GENERAL PURPOSE FINANCIAL STATE,ME,N~F NOTE I - St:.'qMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued} Basis of Aq_cf2unting ,and Measurement Focus ¢Continucd! or soon enough thereafter to pay liabilities of the current period. Thc District considers all a assessments a_s available if they are collected within 60 days after year end. A one-year availability period is used for recognition of all other Governmental Funds revenues. Expenditures are recorded when the related fund liabilit?' is incurred. Exceptions to this general rule include principal and interest on general long-term debt which are recorded as expenditures in the year due. The accounts of the District are organized.on the basis of funds and account groups, each of xvhich is considered a separate accounting entity, The transactions of each fund or account group are accounted for %~'ith a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for 9,'hich they are to be spent and the means bF' v, hich spending activities are controlled. The various funds are grouped by type in the financial statements as follows: Governmental Fund Types - These fund types are accounted for using a current financial resources measurement fix:us. This means that only current assets and current liabilities arc generally included in the balance sheet. Accordingly, the reported undesignated fund balance (net current as.~ts) is considered a measure of available, spendable or appropriable resources. 'Fhereforc. Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Thc Government Fund types ofthe District are: General Fund - The General Fund is the general operating fund of the District. It accounts for all financial resources, except those required to be accounted for in another fund. Debt Sec'ice Fund - The Debt Service Fund is used to account for the accumulated resources for the payment of general long.term debt principal, interest and related costs. Capit:,l Projects Fund - The Capital Projects Fund is used to account for financial resources to bc used for the acquisition or construction of major capital projects. Account Groups - ]'he General Fixed Assets Group and thc General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all real property and tangible assets of the District which cost 5,500 or more and have an estimated useful life of more than one year. (;eneral I.nng-Term Debt - This self-balancing account group is used to account fi~r the outstanding principal amount of long-term debt of the District. -8- NAPLES ilERITA,G.E COMMUNITY OEV~E~OPMENT DISTI~iIC~, NOTE I - SUM.MARY OF SIGNIFICA,WI' ACCOUNTING POLICIES (Continued) Fixed Asset5 Fixed ,~ssets used in Governmental Fund Types are recorded in thc General Fixed Assets Account Group. All fixed assets, including public domain infrastructure, are recorded at cost or estimated historical cost if actual historical co~t is not available. No depreciation has been provided and no interest has been capitalized on general fixed assets. L~r'a~'zm Obi igationa The District reports its long-term debt at face value in the general long-term debt account group. For governmental fund types, bond discounts and issuance costs are recognized in the current period. Bond proceeds are reported as another financing source net of discount. Bonds were issued to finance capital improvements, therefore, issuance costs were reported in the capital projects fund. Designated Fund Ea. ui~ Designations of fund equity are used to show the amounts within unreserved equity which are intended to be used for specific purposes but are not legally restricted. Thc District has adopted annual budgets for the General and Debt Service Funds on the modified accrual b,~sis of accounting which is consistent with generally accepted accounting principles. Thc District follows these procedures in establishing budgetary data for the General and Debt Service Funds: Thc District management submits to thc Board of Supervisors a proposed operating budget tbr thc fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. · A public hearing is conducted to obtain public comments. · The budget is adopted by approval ofthe Board of Supervisors. Estimated beginning fund balances arc considered in the budgetary, process, but arc not includ~:d in the financial, statements as budgeted revenue. 'l'hc General fund and Debt Servk:e fund appropriated budgets are prepared on a line item basis Revenues are budgeted by source and expenditures arc budgeted by department and cla~.¢ ;ts follows: personal services, operating services and changes, capital outlay and transfers in debt service. NOTES TO GENERAL PURPOSE FINANCIAL STATEMENT NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) BuclgctaD' Policy and Practice (Continued] · Expenditures may not legally exceed appropriations. Once approved, the Board may amend the legally adopted budget when unexpected modifications arc required in estimated revenues and appropriations. Budget amounts, as sho~-n in these financial statements am aa originally adopted or as amended by the Board of Supervisors. · Appropriations lapse at year-end. Encumbrance accounting, under which purchase orders, contracts and other commitments for thc expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not used by the District. Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present financial position or results of operations in conformity with generally accepted accounting principles. NOTE 2 - CAStl AND INVESTMENTS The District's cash policy allows deposits to be held in demand deposit or money market accounts. At September 30, 1998, the carrying amounts of the District's demand deposits were $70,720 v4th bank balance of $71,650. These deposits were covered by Federal Depository Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. In addition, at September 30, 1998, the District had S4,757,275 in institutional money market accounts. The monies arc held by an institution designated as a qualified public dqx~itory and invested in a money market mutual fund. Mutual funds arc not classified as a security. It is the District's policy for all deposits to be made into and held by financial institutions designated by thc Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of thc Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public cntity's funds. Collateral is pooled in a multiple qualified public depository institutional pool with the ability to assess members and recover losses in the event of a default or insolvency. The minimum collateral to be pledged by aa institution, the -!0- NAPLES ilERITAGE COMMUNITY DEVELOPMENT OIST]~IC'I~ ~ ~ N OT -S NOTE 2 - CASII AND INVESTMENTS (Continued) collateral eligible for pledge, and the reporting rcquircmcnts of the qualified public depository is defined by thc Statute. Thc District has not experienced material losses in its cash accounts and believes it is not exposed to an.,,' significant credit risk to cash. The District's policy allows investments only in: 1. l.oca[ governmental surplus funds, trust funds or any intergovernmental investment pool. 2. Securities and Exchange Commission registered money market funds. Savings accounts in state certified qualified public depositories. a. Certificates ofdeposits in state certified qualified public depositories. 5. Other obligations permitted under the laws ofthe State of Florida. NOTE 3 - CllANGES IN GENEI~gI, FIXED ASSETS Thc summa~' of changes in general fixed assets for the year ended September 30, 1998 is as follows: Balance Balance October I, September 30, 1997 Additions Deletions Transfers 1998 Construction-in-progress $"'!!,561,693 $ 2.39g,322 $ 0 $(13,960,015) $ 0 Road way 0 0 0 i .916,029 i ,916,029 Utilities 0 0 0 2.961,796 2.961,796 Earthwork 0 0 0 4.853,000 4,853,000 Water management 0 0 0 669,650 669,650 Parks anti sccurity '0 0 0 i.004,949 !.004,949 Wetland mitigation 0 0 0 513.000 513.000 Professional fees 0 0 0 585,183 585,183 Other 0 0 0 !:456~408 !:456t408, $ !1.561.693 $ 2.398.322 $ 0 $ 0 $ 13.960,015 -11- NOTE 4 - BONDS PAYABLE The following is a summary 0fbonds outstanding at September 30, 1998: Special Assessment Revenue Bonds Series 1996 Total Bonds payable, October !. 1997 $ 15.185,000$ 15,185,000 Bond repayments 6.1 i 0.000 6. I I 0.000 Bonds payable, September 30. 1998 9,075,000 $ 9.075,000 Original date of bond issue December I, 1996 Final maturity date November i, 2001 Interest rate 6.15% Thc ~llo~ing we ~eannualreq~rementsto pay bondedindebtedncssou~tanding atSeptcmber30, 1998: Series 1996 Bonds (Due November I, 2001): Year Ending September 30 _P. fia.q, iglal_ Interest Total 1999 $ 0 $ 558.113 $ 558.113 2000 525,000 541.969 i.066.969 2001 555,000 508.759 i.063.759 2002 7,995.000 245.846 8.240,846 9,075,000 $1.854.687 $ i0,929,687 Thc proceeds of the 1996 Bonds are being used to finance capital improvements, including surface water management and control systems; water and wastewater facilities; roadways; landscaping and security walls; recreational facilities; security systems and parks. The payment of which can be supported by special assessments on all assessable land within the District. The proceeds will not be used for operation and maintenance of these facilities. -12- NAPLES IlERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAL STATEM NOTE 4 - BONDS PAYABLE (Continued) 'Ibc debt scm'icc on thc Series 1996 Bonds is expected to be paid at thc ti,nc of lot or home closings. As unit:~ or homes arc sold and ownership is transferred to individual landowners, that porlion of thc special a.sscssmcnts that is represented by the sold units or homes may be paid off. ~lhis will include an amount representing thc principal portion of the Series 1996 Bonds that thc ~ld parcels are responsible for. in addition to any interest that has accrued. Mandatoo' Redemption Thc 1996 Bonds due November !. 2001. are subject to mandator2:' redemption in part. by lot. prior to their scheduled maturity, at the redemption price of 100% of thc principal amount thereol: without premium, plus accrued interest to the redemption date. as set forth below: November ! 1999 $ 525.OOO 2000 555.000 2001 7.995.000 $ 9.075.000 Optional Rcdem@tion The 1996 Bonds arc not subject to optional redemption prior to maturit.~. Extra,,rdinar2,.' Mandatoo,.' Redemption Thc 1096 Bonds arc subject to extraordinary mandatory redemption prior to maturity, in whole on an.,,' date or in part on an interest payment date and if in part by lot at the redemption price of the hundred perccnt (100%) of the principal amount thereof, without premium, together with accrued interest to the redemption date. ifand to the extent that any one or more ofthe following shall have occurred: {'a~ on c,r after the date of completion of thc 1996 Project. moneys arc transferred from thc 1996 Acqu~,ition x,~d Construction ACcount to the 1996 Redemption Account in accordance with thc terms of thc Indenture: or (b~ prepayments, if any. of 1096 Assessments, are deposited in the prepayment subaccount ~f thc I t~96 Redemption Account in accordance with the Indenture and thc assessment procccdings; or (c} sufficient moneys are on deposit in the 1996 Rcse~'e Account and other 1996 Pledged Funds and Accounts. to pay and redeem all outstanding Series 1996 Bonds and accrued interest thereon: or -13- NOTE 4 - BONDS PAYABLE (Continued) Extraordina~' ?.landatory Redemption (Continued) (d) moneys in excess of the 1996 Reserve Account Requirement in the 1996 Reserve Account are transferred to the Prepayment Subaccount of the 1996 Redemption Account pursuant to thc Indenture. Bond Resolution Thc N~nd rc~,lution ,and thc trust indentures established certain accounts and determined thc order in xshich certain revenues are to be deposited into these accounts as outlined in Section 5{}2 of the Nla.~tcr '1 rust Indenture. Reserve Fund Account Thc i 996 Reserve Account is required to maintain a balance representing 10% of the outstanding principal amount ofthe 1996 Bom~ Theref~ the account balance will decrease a.s the outstanding principal balance is reduced. At ~eptember 30, 1998, Reserve Account balance of $907.500 is included in thc Debt Service Restricted Investment. NOTE $ - REI.ATED PARTY TRANSACTIONS U. S. t[ome Corporation (the "Developer") is a large single-family homcbuilder in the United States and major iando~'ner of property within the DistricL As majority lando~,,xter, the Developer elected the current Board of Supervisors in 1996. Pursuant to an agreement dated July 28, 1997, for the period from October I, 1997 to September 30, 1998. the Developer agreed to make available t° the District the monies necessary for the operation of thc District. The funds are placed in the General Fund checking account. At September 30, 1998, the District had contributions totaling $53,085 from the Developer for District operations and a due from Developer of $7,635. In addition, thc Developer reimbur~s the District for special assessment b,)nds through assessments. An amount of $6.105.339 was paid to the District by U.S. liome as of September 30. 1998 for assessments. In accordance v, fith an agreement dated December I!. 1996. the District paid the Developer $ ! 1.211.000 from bond proceeds during the year ended September 30, 1997, for the actual cost of improvements transferred to the District. In addition, the Developer agreed to act a.~ construction consultant for the District in connection with the construction of future improvements. As of September 30. 1998. the District has paid the Developer a cumulative total of $13.599.322 for transferred and constructed improvements. -14- NOTES TO GENERAL PURPOSE FINANCIAL STATEMEN']L NOTE 6 - MANAGEMENT AGREEMENT The District executed a renewal of agreement v. ith a management compar, y to perform management advisoO' sera'ice which includes financial and accounting advisory sen'ices. The District Manager and the Assistant District Manager serve as the Secretary and Treasurer, respectively, for Naples tleritage Community Development District. Under the agreement, the District compensates the management company for such expenses as traveL, express mail, research, word processing, long distance telephone, postage, photocopying, courier and computer services. NOTE ? - CONSTRUCTION FUND RESERVE AGREEMENT The Developer has executed an agreement with the District for construction and maintenance of Phase II. The agreement calls for a r'-'g:erve fund in the mount of i 0% of approvcxt costs to be held until the completion of Phase II. At September 30, 1995, the balance in the Construction Fund Reserve is $§9.950 and is included in the restricted assets of the Capital Projects Fund. NOTE 8 - YEAR 2000 DISCLOSURES In October 1998 GASB released Technical Bulletin 9g-l. Disclosures about Year 2000 Issues, requiring financial statement disclosures concerning compliance with Year 2000 issues for government's internal computer systems and electronic equipment and is effective for financial statements on which the auditor's report is dated after October 31, ! 998. The year 2000 issue encompasses all computer and any electronic equipment dependent on microchip tcchnology and date-sensitive coding. This includes the systems that produce financial information, as ,,,,'ell as. computer systems and equipment that are part of the District's operational For the fi~al year ended September 30. 1998. tim District has received notification from their vendor that thc software they are using for financial reporting is year 2000 compatible, -15- OTilER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA g~'ER'I'IFTED PUBLIC ACCOL~'TA-%'TS A PARTNERSIIIP OF PROFESSIONAL ASSOCIATIONS .'-tO W. PALME'I'rO PARK ROAD. 5LITE 300. BOCA RA'I'ON. TLORIDX 3343~- TELEPIlONE (f.61) 367-1040 FAX ff.61) 750-3~3~ J-zy'IrREY A. ~)L~'ON. CPk. P.A. MICHAF..L L DA.~'ZKAL. CPA. ROBERT A. T'L~OTHY R. DE~,'I.LN. ,M~N~£R OP' I'I~ AMERICAN DL~i i i L'IT. OF ~u'I~.D PL'~LIC AcCOL.NTA.~IS INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF (;ENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITII GOI/ER,'~:$IENTAUDITING STAND/IRDS Board of Super-,isors Naples Heritage Community Development District Naples, Florida We have audited the general purpose financial statements of Naples lteritagc Community Development District (the "District") as of and for the year ended September 30. 1998, and have issued our report thereon dated December 18, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government .4 uditing Standards, issued by the Comptroller General of the United States. As pan of obtaining reasonable assurance about whether the District's general purpose financial 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, tiowever, 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 &noncompliance that are required to be reported herein under Government Auditing Standards. Internal Control Over Financial R .eportine In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over -17- INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE AND ON INTERNAl. CONTROL O'*~R FINANCIAL REPORTING BASED ON AN AUDIT OF C ENEIL&L PURPOSE FINANCIAL STATEMENTS PERFORMED I N ACCORDANCE WITII GO VERNMENT A UDITLVG ST,,INDA RDS (Continued) financial reporting. Our consideration of thc internal control over financial reporting w'ould not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material ~-eakness is a condition in ~s'h;ch the design or operation of one or more of the internal control components does not reduce to a relatively lo,,v level the risk that misstatements in amounts that ~'ould be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal courm of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This rcp,~n is intended solely for the Board of Supervisors. thc Districl's management and appropriate government agencies. However. this report is a mancr of public record and its distribution is not limited. Boca Raton. Florida December 18. 1998 -18- DASZKAL, BoLToN & MANELA A PART~I~RSHIP OF PRO~ONAL A.~e'~OCIATION$ ~ W. PAI.,.~,ILvTTO PAIO[ I~OAI}, Si, ii I~, ~00' BOCA RATON, FLORIDA 33432 TELEPllON~ (~61) 367-1040 FAX I~1! 7.~O.37~6 jI~'.F}'REy ,t,. BS)l.f(:,~. CPA. MICILS.£L I, D~.%ZKAI.. CPA. R¢)BFRT A. ',l ~.'~}'I.A. CP.',. P.A. I'~MOT'IIT !~ DEV1 IN. CP.~. TIIF, AM}:RICA, N L%~-I ti UTE. IN. BI.lC >IANAGEMENT LETTER We have audited the financial statements of the Naples Heritage Community Development District as of and for thc year ended September 30, 1998. and have issued our report, thereon, dated December 18. 1998. In connection with our audit, we are submitting the following comments and recommendations in accordance with the Rules of the Auditor General. Chapter 10.550. Local Government Entity Audits. ~d_Qfl_~l';A R C05LMENTS CURRENT YEAR COMMENTS None. As par~ of this engagement, nothing came to our attention that caused us to believe that Naples Heritage Cc~mrnunity Development District wan in a state of financial emergency at anytime during thc fiscal ,,'car and the financial report filed with the Florida Department of Banking and Finance pursuant ~(, Section 218.32 41)(a) is in agreement with the annual financial audit report fi~r the current peri, This refx,r~ i,; intended fi~r thc information of thc District's managcrncnt, the Board of Supervisors, and approp.,'iate government agencies, ttowever, this report is a matter of public record, and its distribution is not limited. Boca Rat(re. Florida December i8. 1098 -19- Naples Heritage · 210 N. University Drive, SuRe 301 Coral SpdnSs, FL 33071 (954) 753-584,1 fax (954) 345-1292 16Gl t43rch 3, 1999 Clerk of [he Circuit, Court Collier Coun:y Courthouse 3301 Tamiami Tr3tl E3st P.O. Box 4; 3044 Naples, Florida .33941-3044 A~enflon: Sublect: Mr. ~ E. Brock Clerk of the Circuit Court F~I Ye~ I ~ ~nu31 F~I R~ of U~ of ~I ~ De3r I~r. Brocl~: Pursu3nt to Flodd~ Sutues, SectJon 218.~2( 1 )(b),, enclosed please find the following: I. General Purpo~ Flnal~t~ Smeme~s S~q~ember 30, 1998. 2. There Is no Marult, ment Letter, or ~efg Letter Commenu. 3. Locll Government Annual FIn~nclil Report. If you h3ve an'/questions or require 3ny additional Information, Ideate conMct me. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Director of Accounflnl Enclosures i6Gi 'J NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS FOR TIlE YEAR ENDED SEPTEMBER 30, 1998 lbG1 TABLE OF CON"'rENTS lndcpendcnt Auditor's Report .................................................... I General Purpose Financial Statements: Combined Balance Sheet - All Governmental Fund Types and Account Groups ................................................. 2-3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances o 4 All Governmental Fund Types ................................................ Statement of Revenues, Expenditures and Changes in Fund Balances o Budget and Actual - General and Debt Service Funds ........................................ 5 Notes to General Purpose Financial Statements ................................. 6-IS Other Auditor's Reports: Report on Compliance and on the Internal Control over Financial Reporting Based on an Audit of Cseneral Purpose Financial Statements Pcrformed in Accordance with Governmental Auditing Standards ................ 17- ! $ 19 Management Leuer .......................................................... _C'EI~TII:'~D tMJBLIC ACCOLLNTA.N'T~ A pXR~IW OF PRO~IONAL ~ W. PALME~O PARK ROAD, ~ ~' ~A ~XTON. ~ORIDA ~ION~ (~1) ~7-1~ FAX I~l) JEFYRY. Y x. ROI. TON. CPA. P.A. MICIL~,EI. I. D~SZ~I. CP~ P~. ROBERT A. %t~ELA. CP~ MEMBER OP' THE AMERICAN LN.~;'gTT'L'rE OP' CERiiI,~ED I~'BLIC ACCOL.~'TA.NTS INDEPENDENT AUDITOR'S REPORT Board of Supervisors Naples l teritage Community Development District Naples. Florida We have audited the general purpose financial statements of the Naples tleritage Community Development District (the "District"), as of and for the year ended September 30, 1998, as listed in the table of contents. These general purpose financial statements are the responsibility of Naples l fcritage Community Development District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that v,'c plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our ~pinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Naples Heritage Community Development District, Naples. Florida, as of September 30, iq97, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standar&. we have also issued a report dated December 18, 1998 on our consideration of Naples Heritage Community Development District's compliance and internal control over financial reporting. Boca R~,:on. Florida December 18, 1998 -l- 16G~ NAPLES ilERITAGE COMMUNITY DEVELOPMENTDISTRI(~TA~c~ ~.~ CO.MB1NED STATEMENT OF REVENUES, EXPENDITURES AND C IN FUND BALANCES- ALL GOVERNMENTAL FUND TYPES YEAR ENDED SEPTEMBER :30, ! 998 Revenues: Assessments Irrigation Interest reventic Developer contributions Total revenues Expenditures: Current operating:: General government: Personal scr,, ices Operating expenditures Capital outlay Debt service: Bond retirement Interest expense Total cxpendilurcs Excess (deficiency) of revenues over expenditures Other financing s<),rccs {uses) Operating transfers ()ut Operating tran~£crs in Total other financing source~ (uses) Excess (dcficienc?) of revenues and other financing sources over expenditures Fund balances. Oc,~bcr I. 1097 Fund balances. September 30, 1998 Governmental Fund T).'~$ Totals Debt Capital (Memorandum General Service Projects Only) 0 $ 6,105339 $ 0 $ 6,105,339 27,625 0 0 27,625 0 174.610 36.922 211,532 53~085 0 0 53.085 80.710 6.279.949 36.922 6.397.581 6.400 70.2 ! 3 0 0 0 76,613 4.097 0 0 6,400 0 0 70,213 0 2.398.322 2,398,322 6.110.000 835.631 6.945.631 0 6,110,000 0 835.631 "2.'398,~22 9.420.~66 (665.682) (2.361.400) (3.022,985) (611,777) 611.777 0 0 (611.777) 0 0 0 611.777 0 (611~777) 611.777 4,097 (1277.459) (I,749.623) (3.022,985) 4805 5.714.297 2.149,525 7,868,627 $ 8.902 $ 4.436.838 $ 399.902 $ 4.845.642 accompanying notes are an integral part of these financial statements. N A P LES tiERITAGE COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CIIANGES IN FUND BALANCES - ACTUAL - GENERAL AND DEBT SER',jl CE FUNDS Revenues: Assessments Irrigation fees interest revenue Developer contributions Total revenues Expenditures: Current: General government: Personal services Operating expenditures Total general government 05 27.625 0 53.085 80.710 Qeneral Fund Variance- Favorable _Actual f3.,ttl~ax.~aN~ 05 0 27.625 0 0 0 53.085 0 80.71~ 0 6.400 6,400 70.2 ! 3 70.2 ! 3 76:613 76.6 !'3 Debt service: Bond retirement Interest and fiseal charges Total debt serx'ice Total expenditures 0 0 76,613 76,613 0 0 0 0 0 0 0 0 0 Excess (d¢ticicncy) of revenues over expenditures 4,097. a,,097 Other financing sources (uses) Operating transfers out Operating transfers in Total other financing sources (uses) Excess Cdc ficicncv} of revenues and other financing sources over expenditures Fund balance. October !. 1997 Fund balance. September 30. 1998 0 0 0 0 4.097 4,097 The accompanying notes are an integral part of these financial statements. -5- Debt Service Funds Variance- Favorable $6,105.330 $6,105.339 $ 0 0 0 0 174.610 174,610 0 0 0 0 6.279.9.;9 6.279.949 0 Totals (Memorandum Only) Variance- Favorable ~ Actual ~ $6.105,339 $ 6,105.339 $ 0 27,625 27.625 0 ! 74,610 174,610 0 53.085 53.085 0 6.360.659 6.360.659 0 o 0 0 0 0 0 6,110,000 6,1 { 0.000 835.631 83.5.631 6.945.631 6.9 >.6~I 0 6,400 6,400 0 70.213 70.213 0 ...... 76:613 76.613 0 6,110.000 6, I ! 0,000 0 835,631 835.631 0 6,945,631 . 6.945.631 0 (661.585) (661.585) 0 (61 i,777) (611.777) 0 0 0 0 ~61 !,777) (611.777I} o.273,362) ( .273,362) ~; 71010? 5 6.945.631 ~3.045.631 (665.682) (665,682), (011.777) (611,777) 0 0 (61 i.777) (611.777) (I,277.459) (I.277,459) 0 5 714 397 5,714 207 0 ~4~436.838 $4,4~67~g;. $ .... 0 0 0 NOTES TO GENERAL PURPOSE FINANCIAL STATEME NOTE I - St :?,I.MARY OF SIGNIFICANT ACCOUNTING POLICIES ~bc Gc, v~:r~m~ental Re.t~rting Entity Naples t tcritage Community Development District (the "District") is located in (;oilier County, Florida. and ',,.';t.~ created in September 1996 pursuant to Chapter 190 of the Florida Statutes I'the "Act). 'E';c District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation ora portion of the infrastructure necessary for community development within the District. The Act. subject to the limitations set forth therein, authorizes the District to is~;,ae bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, o~,nstructing, enlarging, equipping, and operating and maintaining ~,hc major infrastructure for commu,qit': de'.'clopment. 'l-he District is authorized to lc'.? certain assessments which include benefit and maintenance asscssmc:~ts and to lc',2,' special assessments for the acquisition, construction or reconstruction of assessable improvements. The assessments which may be imposed for the purpose of paying principal a~,d interest on its bonded indebtedness may be levied annually by the District. The governing body &the District is its Board of Supervisors (the "Board"), which is composed of five Supe~'isors. The Supervisors are elected by vote of the Landowners of the District. The District encompasses approximately 557 acres within Naples Heritage (the "Development"). Naples tleritage is a planned unit development located in Collier City. Florida. being developed by U.S. t lomc.; C~,rporation (the "Developer"). Within the approximately 557 acres in the District, approximatdy I01 single-family residential units, 558 multi-family residential units and 140 duplex villas arc expected to be built and complimented with open space, recreational areas, community facilities and a golf course. The District also contains extensive jurisdictional wetlands which the District ,,,.'ill maintain and manage. The 1996 Bond proceeds will be used to finance the acquisition and construction of certain improvements of the District. Special assessments levied on the property benefited b,.' th,~se improvements ,,,,'ill be used to repay the 1996 Bonds. Any infrastructure costs not covered b'. the Series 1996 Bonds will be financed through additional series of bonds issued by the District. ,.~ hich will be payable from and secured by special assessments on the property benefitted thereby. Basis ~)I'~:'~_c~:~:~.'.ing :.snd Measurement Focus Basis of acc~uzting refers to when revenue and expenditures arc recognized in the accounts and reported in the general purpose financial statements and relates to the timing of the measurement made. regardless of the measurement focus applied. Measurement focus refers to what is being measured. The District ,:.~cs the modified accrual basis of accounting fi~r all Governmental Fund types wherebY revenue i:~ rcc,~t~'ni;,ed ,,,,'hen it becomes both measurable and available. Measurable means the amount oI' t?~c transaction can be determined and available means collectible within the current period -7- , - ..................... II .......... I Ill ii' '1 ............... mi Illll Ill .",'AI'I.ES iiERITAGE COMMUNITY DEVELOPMENT DISTRICT NOTES TO GENEILAL PURPOSE FINANCIAl. STATEMEI~T NOTE ! - .'-;I/MMAIUf OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of-,~c,~vuating and Measurement Focus {Continued} or soon enough thereafter to pay liabilities of the current period. The District considers all a assessments a.s available if they are collected within 60 days after year end. A one-year availability period is used for recognition of all other Governmental Funds revenues. Expenditures are recorded when thc related fund liability is incurred. Exceptions to this general rule include principal and interest on general long-term debt which are recorded as expenditures in the year due. The accounts of the District are organized on the basis of funds and account groups, each of which is considcre,] a separate accounting entity. The tranmctions of each fund or account group are accounted for ~,ith a .<parate set of.self-balancing accounts that comprise its assets, liabilities, fund equity, re~'cnucs and expenditures, as appropriate. Government resources are allocated to and accounted fi)r in individual funds based upon the purposes for which they are to be spent and the means by x~hich spending activities are controlled. The various funds are grouped by type in the financial statements ms follows: Governmental Fund Types - These fund tylx~ are accounted for using a current financial re,comes measurement fOCtL,:,. 'l'his means that only current assets and current liabilities arc generally included in the balance sheet. Accordingly. the reported undesignated fund balance (net current assets) is considered a mca.sure of available, spendable or appropriable resources. Therefore, Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (ex~nditures and other financing uses) in net current assets. ]'he Government Fund types of the District arc: General Fund - The Gene~ Fund is the general operating fund of the District. it accounts for all financial resources, except those required to be accounted for in another fund. Debt .',;er~'ice Fund - The Debt Service Fund is used to account for the accumulated resources for the pa? mcnt of general long-term debt principal, interest and related costs. Capital l'rojects Fund - The Capital Projects Fund is used to account for financial resources to N: used for the acquisition or construction of major capital projects. Account (;roups - -Iht General Fixed Assets Group and thc General Long-Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. The account groups of the District are: General Fixed Assets - This self-balancing account group is used to account for all real r,r~,?cr~? and tangible assets of the District which cost $500 or more and have an estimated t~:~c..} filL. of more than one >'car. (';eneral Long-Term Debt - This self-balancing account group is used to account for the outstanding principal amount of long-term debt of the District. -8- NAPLES IIERITAGE COMMUNITY DEVELOPMENT DISTRI~'T,;'~ NOTES TO GENERAL PURPOSE FINANCIAL STATEMEN'~ k.) NOTE i - SU.MMAFU~' OF SIGNIFICANT ACCOUNTING POLICIES (Continued) FLxed .... Fixed assct~ used in Governmental Fund Types are recorded in thc General Fixed Assets Account Group. Ail fix~:d assets, including public domain infrastructure, are recorded at cost or estimated historical c,)~,t if actual hi~,torical cost is not available. No depreciation has been provided and no interest ha,; been capitalized on general fixed assets. The District reports its long-term debt at face value in the general long-term debt account group. For governmental fund types, bond discounts and issuance costs are recognized in the current period. Bond pr~ccds are reported as another financing source net ofdiscount. Bonds were issued to finance capital improvements, therefore, issuance costs were reported in the capital projects fund. Designations of fund equity are used to' show the mounts within unreserved equity, which are intended t,) be used for specific purposes but are not legally restricted. Policy and Practice The District ha.s adopted annual budgets for the General and Debt Service Funds on the modified accrual basis of accounting which is consistent with generally accepted accounting principles. The District fi)llows these procedures in establishing budgetary data for the General and Debt Service Funds: l.)istrict management submits to the Board of Supervisors a proposed operating budget the fiscal year commencing on October I. The operating budget includes proposed cx?cnditurcs and the means of financing them. · A public hearing is conducted to obtain public comments. · Thc budget is adopted by approval of the Board of Supervisors. · Estimated beginning fund balances are considered in the budgetary, process, but are not i nc I uded in the financial statements as budgeted revenue. T?:.: C;eneral fund and Debt Service fund appropriated budgets are prepared on a line item ba.,i~. Revenues are budgeted by source and expenditures are budgeted by department and cla~ as follov;s: personal services, operating se~'iccs and changes, capital outlay and transfers in debt service. -9- NAPLES tlERITAGE COMMUNITY DEVELOPMENT DISTRIC,T ~ ~ NOTES TO GENERAL PURPOSE FINANCIAL STATEMEIIi~ ~..) U NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Budgetar?: Policy and Prac~ · Expenditures ma)' not legally exceed appropriations. · ()ncc approved, the Board may amend the legally adopted budget when unexpected modifications ar,: required in estimated revenues and appropriations. Budget amounts, as sh,,~n in these financial statements are as originally adopted or as amended by the Board of SuFcr-.'isors. · Appropriations lapse at year-end. Encumbrance accountmc, under which purchase orders, contracts and other commitments for the expenditure of monies asz recorded in order to reserve that portion of the applicable appropriation, is not used by thc District. Total Co[uhnns on Combined Statement'~ Total columns on the combined ~lements are captioned"Memorandum Only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present financial position or results of operations in conformity with generally accepted accounting principles. NOT}: 2 - CASH AND INVESTMENTS The District's cash policy allows deposits to be held in demand deposit or money market accounts. At September 30. 1998. the carrying amounts of the District's demand deposits were $70,720 with bank balance of $71.650. Them deposits were covered by Federal Depositor)' Insurance or by a collateral pool pursuant to Florida Statutes Chapter 280. In addition, at September 30, 1998. the District had $a.757.275 in institutional money market accounts. The monies ,are held by an institution designated as a qualified public depository and invested in a money market mutual fund. Mutual funds arc not clxssified a.q a security. It is the District's policy for all deposits to be made into and held by financial institutions designated by the Treasurer of the'State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. Collateral is pooled in a multiple qualified public depositor)' institutional pool with the ability to assess members and recover losses in the event of a default or insolvency. The minimum collateral to be pledged by an institution, the 40- NOTES TO (;E~"~RAL PURPOSE FINANCIAL STATEMENT NOTE 2 - CAStI AND INVESTMENTS (Continued) collateral cligiblc for plcJ~c, and the reporting requirements of the qualified public depository is defined bv thc Statute. The District has not experienced material losses in ils cash accounts and believes it is not exposed to any significant credit risk to cash. The District's policy allov, s investments only in: 1. l.ocal governmental surplus funds~ trust funds or any intergovernmental investment pool. 2. .c, ccuritics and Exchange Commission registered money market funds. 3. .'%,. ings accounts in state certified qualified public depositories. 4. Ccrti fica~es of depo.~its in state certified qualified public depositories. 5. ()thor obligations permitted under the laws of thc State ,f Florida. NOTE 3 - CIIANGES IN GENERAL FIXED ASSETS The sumn~,a~~ of changes in general f'med ~ssets for Ihe year ended September 30, 1998 is as tbliows: Bahmce Balance Octolx-r !, September 30, Construction-in-progress $ 1.1.561.693 $ 2.398.322 $ 0 $(13,960,015) $ 0 Road~ a 7 O 0 0 1.916,029 1.9 ! 6,029 Utilities 0 0 0 2.961,796 2,961,796 Earthwork 0 0 0 4,853,000 4,853.000 Water m:tna~ement 0 0 0 669,650 669,650 Parks and security 0 0 0 1,004,949 !,004,949 Wetland mitigation 0 0 0 513,000 513,000 Professicm:d fees 0 0 0 5S5.183 585,183 Other 0 0 0 1~456.408 ! ~456~408 $ 11.561.693 $ 2.398.322 $ 0 $ 0 $ 13.960,015 -11o NAPLES tlERITAG£ COMMUNITY DE'./'ELOPMENT DISTRICT ,NOTES TO (; ENERAL PURPOSE FINANCIAL STATEMENT NOTE4-BONDSPAYABI.E ~' t ~l The following is a summa~' ot' bonds oulstanding at september 30, 1998:~) Bonds p~I?I~-I"~lC. October l. I(;97 Bond repayments Bonds payable. September 30. 1998 Original date of bond i~suc Final maturity date Interest rate Special Assessment Revenue Bonds Series 1996 Total $ 15.185.000 $ 15.185,000 6,110.000 6.110,000 9,075,000 $ 9.075,000 December I, 1996 November I, 2001 6.15% Thc follo'.~ lng arc thc annu:d requirements to pay bonded indebtedness outstanding at September 30, 1998: Series 1996 Bonds (Duc N,vember I, 2001): Year Ending Interest Total 1999 $ 0 $ 558,113 $ 558,113 2000 525,000 541.96~ 1.066.969 2001 555,000 508,759 1.063,759 2002 _. 7,995,000 .245~8~.~ 8.240,846 $ 9.075,00051.854.687 $ 10,929.687 The procccd.s of thc 1096 B,',nds are being u.~! to finance capital improvements, including surface water manat~emcnt and cc, n',rol systems: water and wastewater facilities: roadways; landscaping and security wa~ts; rccrcatio;~:,l facilities; security systems and parks. The payment of which can be supported by special asscs:.ncnts on all assessable land ~dthin the District. The proceed.,{ will not be Used for .pcration and maintenance of these facilities. -12- NA I'I,ES I i EI~ITAGE COMMUNITY DEVELOPMENT DISTRICT .',,'()T ES 'I'() (;ENERAL PURPOSE FINANCIAl, STATEMi~NT NOTE 4 - I~()NI}S i'AY..\IH,E (Continued) The debt service on the Series 1996 Bonds is exlxx-'ted to be paid at the time allot or home closings. As units ,)r h.,m~cs arc sold :md ox,net'ship is transferred to individual landov,'ners, that portion of the special as<cssmcnts that is rcpre.~'nted by the sold units or homes may be paid off. This will include an amount representing thc principal portion of the Series 1996 Bonds that the sold parcels are responsible :;~r. in addifitm ~,~ ~my interest that has accrued. Mandaton' I,Icdcm pti,m Thc 1996 l~onds duc November I, 2001, are subject to mandato~' redemption in part. by lot. prior to their ~cho!uled maturitx a', the redemption price of 10ft,/,, of the principal amount thereof, xs, ithout premium, plus accrued imcrcst to the redemption date. as set forth bclox~': ,~ ember 1 the Year ~ 1099 $ 525.000 2000 555.000 2Il01 7.995.000 ~; 9.075,000 Optional Redcml, ion The 19q6 Bonds arc no~ 5:~b,,cct to optional redemption prior to maturity. Extra o r d in :s r?' 51 a n d ;tit, r.?' Redemption Thc 1996 Bonds are subject to extraordinary mandatory redemption prior to maturity, in whole on any date ,)r in part ,m an interest payment date and if in part by lot at the redemption price of the hundred percent ('100%1 ,,f the principal amount thereof, without premium, together with accrued interest ~,, thc rcdcmp~i,,n date. if and to thc extent that any one or more of the following shall have occur're,! fa) on ,,: '.::.:r :i'~c ,L::c ,~: , ,,repletion (,f the 10% Project. moneys are transferred from the 1996 Acqui~.:t ;~,r: a:~d C, m-,:ruc'~, ~;; ..\c¢ount to the 1996 Redemption Account in accordance with thc terms of thc ]n,icmurc; ,,r (b) prcpa? m..-nts, il' ;m',., ,: i'~06 Assessments. are deposited in thc prepayment subaccount of the 1996f.:edcm?,,,,a". :\co,'.~r:: ,." accordance with the Indenture and the assessment proceedings; or ,Icposit in the 1996 Re.~n'e Account and other 1996 Pledged Funds and all outst;mding Series 1906 Bonds and accrued interest thereon: or -13- NOTE 4 - B()NI)S I':\YAi~,I.E (Continued) ExtraordinaO' Mandat,r?' Redemption (Continued) (d) moneys in excess of t}~c 1~}96 R~scr,.'c Account Requirement in the 1996 Reserve Account arc transferred to the Prepa? men~ 5ubaccotmt ofthe 1996 Redemption Account pursuant to the Indenture. Bond 12, csoluti,n 'lhe N,nd rc:,,,it:ti~,n and ;hz :.":.. ,t indentures established ccrlain accounts and determined the order in ~vhich certain revenues arc ~,, be deposited into these accounts ,as outlined in Section 502 of the Master '[mst Indenture. Rese~'e Fund Account The 190o Rcsc~'c ..\co,un: ~,, required to maintain a balance representing 10% of the outStanding principal amount oF thc 19'~(, Bonds. Therefore, the account balance will decrease as the outStanding principal balance is reduced At September 30, 1998. Reserve Account balance of $907.500 is included in thc [)cbt .'-;crx icc P,¢stricted Investment. NOTE 5 - REI,:XTEi) P,\I{'FY TRANSACTIONS U. S. t lomc Co,'-~ ~md,,n (thc "I )evcloper'3 is a large single-family homcbuildcr in thc United States and major land,,~cncr o{' property within thc District. As majority landowner, the Developer elected lhx:a, of .'qt:pcr'. i,ors in 1996. thecurrcnt ' ' . Pursuant to :tn agreement d::tcd July 28. 1997. for the period from October I. 1997 to September 30. 1998. thc l)cvcl,pcr agreed ~,, ~nake available to the District the monies necessary for the operation of thc l)i~trict. TIae funds ar~~ placed in thc General Fund checking account. At September 30, 1998, the District had contributitm~ totaling $53.085 from the Developer for District operations and a due from I)cvcl,~?cr of 57.635. In addition, thc I)cvcl, ,per rc~mbur.~s fl~e District for special a,~sessmcnt bonds through as<ssments. An amount of St,. 105.37 '.,.-ts paid to the District by U.S. llome as of September 30, !o98 for assessmcm~;. In accordance w/th an a~:rcc:nent dated December 11. 1996. thc District paid the Developer S 1 ! .211 .~)00 t'rt,m bond proceeds during the year ended September 30. 1997, for the actual cost of improvcmcnt.~ transtkrrcd tt, the'District. In addition, the Developer agreed to act as construction consultant k,r thc District in connection with thc construction of future improvements. As of September 30. 1998. thc l)istrict has paid the Developer a cumulative total of $13,599.322 for transferred and constn:ctcd improvements. -14- .NAPLES tl F~RFFAGE CO?,IMUNITY DE ~'ELOi'MENT DISTRIC~F ~N OTES T¢) (; ENERAL PURPOSE FINANCIAL STATEMENT NOTE 6 - ,XI:\NA,; E.M ENT AGREEMENT 1 6 [..~ 1 The District executed a rcncx~al of agreement with a management company to perform management advisor)' service x~hich includes financial and accounting advison:' services. The District Manager and the Assistant District .Xlanager serve as the Secretary and Treasurer. respectively, for Naples Heritage Community Dcvcl~pment District, Under the agreement, the District compensates the management company for s~ch expenses as travel, express mail. research, word processing, long distance telephone, postage, photocopying, courier and computer services. NOTE 7 - C()N.qTRt'CTI()N FUND RESERVE AGREEMENT The Developer ha.s executed an agreement with the District for construction and maintenance of Phase I1. 'Ibc agreement calls for a reserve fund in the mount of 10°,4 of approved costs to be held until thc completion of Phase !1, At September 30. 1998, the balance in the Construction Fund Reserve is ~S'~.95(1 ::nd i:; included in the restricted assets of the Capital Projects Fund. NOTE 8 - YEAR 2000 I)I.'4('I.OSURES In October 1998 (J:\.";l/ re'ca.,cd Technical Bulletin 98-1. Disclosures about Year 2000 Issues, requiring financial statement disclosures concerning compliance with Year 2000 issues for government's internal computer systems and electronic equipment and is effective for financial statements on ~'hich the auditor's report is dated after October 31, 1998. The year 2000 issue encompasses all computer and any electronic equipment dependent on microchip technology and datc-~nsitive coding. This include~ the systems that produce fimancial information. ,as ~ell m~. corn purer systems and equipment that are part of the District's operational activities. For the fiscal )'car ended .';c?:cmber 30, 1998, thc District has received notification from their vendor that thc software th, er are using for financial reporting is year 2000 compatible. -15- OTilER AUDITOR'S REPORTS DASZKAL, BOLTON & MANELA CF_RTTFIED I~'BLIC ACCOLL~'I"A.%'TS A ?.~, Rf~'ERSIIlP OF PROI. T. SSIONAL A&cd3CIATIONS .'xo ~v. I' \t. MEl'i'O PARK ROAD, S'LTI'E 3430. BOCA RATON, FLORIDA 33432 I~-;I.EPIlONE (.r61} 367.1040 FAX ¢.~61) 7.~O-3~.36 J'lr..,s'l~l~/A. BOI.T¢}N. CF ~. P.A. MICHAEL I. DA.%ZKAI., CPA. P.A. ROBERT A. ~M~ R. DEVI.IN. CP~. P.A. ,*,IF.S, IllER Of' 'rife k~,fERICk.~ I~.~ ~ 1 I l~l~. OF CF. IITIFIED lq.,'BLIC ACCOI,.'NTAN'TS iNDEPENDENT AUDITOR'S REPORT ON COMPLIANCE AND ON INTERNAl. CO.",'TI~.OI. OVER FINANCIAL REPORTING BASED ON AN AUDIT OF (; ENE R:\ I. I' L'I,I POSE FINANCIAL STATEMENTS PERFORM ED 1 N ACCO l,l I):\.'x'C E WITII GOVER.VMENTA UDITI,¥G STANDARDS Board of Supervisors Naples t tcri:age Community Development District Naples, Florida We have audited thc general purpose financial statements of Naples Heritage Community Development District (thc "Districf') as of and for the year ended September 30. 1998, and have issued our r~.'po,q thereon da~cd December 18. 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Governme,zt A t,titin;4 Stamlar~Zv. issued by the Comptroller General of the Uniled States. As part of obtaining reasonable assurance about whether the District's general purpose financial statements are frcc of material misstatement, we performed tests of its compliance with certain provisions of taws. rcgufations and contracts, noncompliance with which could have a direct and material ci"ti:c: on tee dc~cmaination of financial statement amounts. However, providing an opinion on compliance with those prm ;.;ions was not an objective of our audit and. accordingly, we do not express st,ch an opir~,i,',n. T?,c results &our tests disclosed no instances of noncompliance that are required to bc r=pc~ncd hcr~.'in t:ndcr Government A.ditini; Standards Internal Contt~[ O',;rj_"~is;l p, eporting In planning and ?crtorming ,~ur audit, we considered the District's internal control over financial reporting in order to d:-tcrminc our auditing procedures for the purpose of expressing our opinion on the gen~:rai purp,'~c tinancial statements and not to provide assurance on the internal control over -17- I.x,'I)I-]I'EN I)I.:N'[ ..\UDITOR'S REPORT ON COMPLIANCE AND ON INTERNAl. CON'['R¢)I. ¢)VER FINANCIAl. REPORTING BASEl) ON AN AUDIT OF (-; ENE R.-\I. }'{_'R POSE FINANCIAL STATEMENTS P£RFORMED I .~ A C C () R I).,\ N (' E WIT ! I GO ["ER~h:~IENT AUDI TING STAND,.I RDS (Continued) financial rep, min,..3'. (.k~r c,,nsideration of thc internal control over financial reporting would not necessa-il;.' disclose all m.ttcrs in the internal control over financial reporting that might be material weaknesses. :\ matcri,l ~eal,:ness is a condition in which the design or operation or'one or more o£ the internal contrail comp,)ncm.s does not reduce to a relatively Iow level the risk that misstatements' in amounts tha: :,ould be material in relation to the general purpose financial statements being audited may occur and not bc detected v, ithin a timely period by employees in the normal course of performing t,¥.'ir a:<:4~ncd functions. We noted no matters involving the internal control over financial rcT,::iag an,l it:< ,~?cration that we consider to be material weaknesses. This rcp,,rt is intended st,!.:Iy for the Board of Supervisors. the District's management and appropriate .?.'eminent .:;cncies. Howl'er, this report is a matter of public record and its distribution is not limited. Boca Rat,,n. December 1 -18- MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: FROM: DATE: RE: Sue Fdson. Administrative Assistant Board of Count'/Ccmmissioners D,~rek Johnss,~n G~,neral Accounting Manager Clark of the C~re:u CourUFinance Departme March 22. 1" ' '~ r,lsceltanecus Correspondence - BCC Agenda Please place the followin9 items on the~ agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Pelican Marsh Community Development District 1. Pursuant to Flor;da Statutes Chapters 189 and 190. the Pelican Marsh Community Development District has submitted the follow,rig: (a) (e) (f, General Purpose F~nancial Statements ,September 30. 1998 · -~, ' Letter , Lc.':al Go,,,ernment Annual F~nancial report ',**.er ~v./. _ Desgriphor~ of O.tstanding Bonds , nstanttne .-.-----~ B,~d.get for 1 c,c,:, a~r¢.~ - Thank you Communily Development District i~ ti~ \I ~,-.. r*~ ,,: ,i '-~': :~;'a- t ',,,rida 3~)71ei'hone. 19.~4} 753-0~}~,Fax: (9~} 345-1292 March 10.19c)~ General Accounting Manager 2671 A~rporl Road. Court Plaza P.O. Box 413016 Naples. Fh-)nda 3,t, 112-3016 Atlention: /','Jr Defoe: J';hn5¢,¢:' ger',era! Account,n: ',',,inager Subject: Pelican Marsh Community Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Sect,on 218 37~ t )(bi. enclosed please find the following: 1. Ger;eral Purpo~,':' r,qanc~al Statements September 30. 1998. 2 The Manngerne, ? Letter ,S a pad of the Audited Financial Stalements. 3. Local Governm~.,nt Annual Financial Report II you have any questions or requ,re any additional information, please contact me. Yours sincerely. PELICAN MARSH CQMhIUhi~TY DEVELO~",fENT DISTRICt Randolph G. Whi;e Director of Financial RGW/sd' Enclosur£s GENERAL PURPOSE FINANCIAL STATEMENTS AND REPORTS OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Pelican Marsh Community Development District September 30, 1998 w om'~z:~data~amq)r o~p~oelma rsh~fs98 xl~z:~dada~.123Vp~oelmarsh',t~98 16Gi CONTENTS REPORT OF iNDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Page 1 GENERAL PURPOSE FINANCIAL STATEMENTS COMBINED BALANCE SHEET - ALL 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 !N FUND BALANCE - BUDGET (NON-GAAP BASIS) AND ACTUAL - GENERAL FUND COLIBINED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES I;,l FUND BALANCE -. BUDGET (GAAP BASIS) AND ACTUAL - DEBT SERVICE FUND STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE - PENSION TRUST FUND NOTES TO FINANCIAL S'T:,TEMENTS 2 4 5 7 8 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45, FLORIDA STATUTES 19 22 Berger,-R×)n'd2s, Elam & Frank gu. ['; r'. i', : 11~ ~ ",' , ' FAX ~,,~ :, '. 16G , Rep0.rt__o_f. lndep_eqden!.C.ertified Public Accountants To the Board of Supervisors Pelican Marsh Community [)evelooment [)~stric: Naples, Florida We have audited the nccom, p~nymg generic; :,~rF.,:~.'.e hnanciat statements of Pelican Marsh Community Development District as o[ September 30. 19r..'~ told for the year then ended as listed in the table of contents. These general purpose financial stalemenls are the responsibility of Pelion Marsh CommunJ~ Develo~menl Districl management Our responsibility ~s Io exrress an opinion on these general purpose financial statements based on OLIr audit. We conducted our audit in accordance with generally accepted auditing standards and Govemment Audi/inQ Standards, issued by the Cornptrotler General ¢'f r~e United States. Those standards require Ihat we plan and perform the audit to obtain reasonable assuran,:e ;~,hout whether the general purpose financial statements are free of material misstatement An audit include-, ~'~,am,nin9, on a test basis, evidence supporting the amounts and disclosures in the general purpose financia~ s!atemenls. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation We believe lhat our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial Statements referred to above present faidy, in all material respects, the financial position of Pelican Marsh Commumty Development Disldct as of September 30, 1998, and the results of its opera',ions for the year then ended in conformity with generally accepted accounting principles. As discussed in Note H to the general purpose financial statements. Pelican Marsh Community Development District has implemented Technical Bulletin 98-1 of :he Governmental Accounting Standards Board, Disclosures About Year 2000 Issues for the fiscal year ended September 30. 1998. The bulletin requires auditors' repeals dated alter October 31, !0-38 to inc!ude certain year 2000 disclosures As discussed in :',~c, te L. to ti~e general purpose financial statements. Pel~--,an Marsh Community Development District has implemented Statement 31 of the Governmental Accounting Standards Board. Accounting and Financial Reporting for Certmn Investments and for External Investment Pools for lhe fiscal year ended September 30, 1998 In accordance with Government Auditing Standards, we have also issued our report doled January 22. 1999. on our consideration of Pelican Marsh Community Development District's internal conlrol over financial reporting and ~~,~j~ ..ur tests of its compliance with certain provisions of laws, regulations and contracts. Fort Pierce, Florida January 22. 1999 I i I I I I I I I I I I ! Fur` T'ype ~0" :~orl $ 23,839 $ C-. 149 Account Groups General Fixed Assets 18,622,567 S 29,988 $ 18,622,567 9.788 0788 20 200 E3 200 S General Long-term Debt 6,174,796 27,956,072 34,130,868 33,985,000 16,877 128,991 34,130,868 18,522,567 18,622,567 $ 18.622.567 $ 34.~30,868 Totals (Memorandum Only) 16,357 713 167 477 20 255 37 753 18.622 567 6,174 796 27,956 072 $ 69,336,633 73,201 236,636 37,753 33,985,000 16,877 128,991 34,478,458 18,622,567 6,174,796 9,483,737 20,200 556,875 34,858,175 69,336 633 3 pelican Marsh Commur, t',, Development Distdct COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAl.. FUND TYPES Year e2ded September 2,0, 1998 I I I I I I I I I I I i I I I I I Revenues Non ad-valorem asse? <,'~.ents Prepaid assessmem~, Investment earnings Ot.h er revenue Total revenues Expend,tures Cur'ent General governm,,,:-- ' Public safety Physical environme Transportation Capital outlay Debt semce Prinopal Interes[ Total expenditurq, Excess cf revenues eve' expenditures before ~" .- financmg sources am~, ,ses) Other financing sources ,~-' :: [uses) Proceeds from capita, , ,~ ~e Total other financir":: ::~rces (use,s) Excess cf re,venues ant ' .:r financing sources over expendm.-, s Fund balances - Octobe, ' ' 997 Fund balances - Septem,,rer 30, 1998 Governmental Fund Types General Totals "'~:' Debt Capital (Memorandum Service Projects Only) ,405,666 $ 845,395 S $ 2,251,061 1,502,945 1.502,945 49,179 512,013 454,708 1.015,900 46,154 46,154 1,500,999 2.860,353 454,708 4,816,060 154,161 154,161 298,018 298,018 827,882 827,882 13,374 13,374 88,709 443,186 531,895 22,679 985,000 1,007,679 4,190 1,511,004 1,515.194 1,409.013 2.496.004 443,186 4,348,203 91,986 364,349 11.522 467,857 85,940 85,940 85,940 85,940 177,926 364,349 11,522 553,797 378,949 5,810,447 9,472,215 15,661,611 $ 556.875 $ 6.174.796 $ 9.483.737 $ 16.215.408 The accompanying note~; , ~ ,; an integral part of this statement, I I Pelican Marsh Cemmur,,ty Oevelcpment District ,,~ /,. ff~ IN ~ FUND BALANCE · BUDGET (NONIGAAP BASIS) AND ACTUAL - GENERAL FUND ' ~! Year ended September ?,C, I998 I I I I I I I ! I I I I , ::"'~l General Fund Type Budget Actual Revenues I Non ad-valorem asse~:~m, ents S 1,341,819 $ 1,405,666 Inves:ment earnings 2.400 49,179 Other revenue 74,665 46,154 Total revenues 1,418,884 1,500,999 Expend:tures Curren[ General governm.: ' Pubhc safety Physical environme:-: Trar'scortation Total expenditure Excess of rever,,.'.s over expenditures Fund balance-October ' 1997 Fund balance - Septem:er 30. 1998 Variance Favorable (Unfavorable) $ 63,847 ~46,779 !~(28,511) 82,115 158.750 154,161 4,589 298.5n0 298,018 482 944,575 857,520 87,055 17,059 13,374 3,685 1,418,884 1,323,073 177,926 378,949 556,875 95,811 $ 177,926 The accompanying note ~, ,.'e an integral part of this statement, I I Pelican Marsh Community Development Distriqt / COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE o BUDGET (GAAP BASIS) AND ACTUAL - DEBT SERVICE FUND Year ended Septembe?0,¢ 998 6 G1 I I I I I ! I I I I I I Debt Service Fund Type Budget Actual Rever~es Non aJ-valorem assessments $ 845,395 $ 845,395 Preca~d assessments 1.502,945 1.502.945 Inve st'rent earnings ': 522,158 512,013 To:al revenues ,? 2,870.498 2.860,353 Exper, c :utes Des,. service ::-rmclpal 985,000 985,000 ~:erest 1,511,004 1.511,004 Total expenditures 2.496.004 2,496,004 Excess, deficiency) of' re.'eques over expenditures Fundb~a'~ce-Octobe- ' '.397 Fund balance - September 30, 1998 374.494 364,349 5,810,447 5.810,447 $ 6,184,941 $ 6,174,796 Variance Favorable (Unfavorable) (10.145) (10,145) (10,145) $ (10,145) I I The accompanying notes are an integral part of this statement, ! I Pelican Marsh Commumry Development District STATEMENT OF REVENUES, EXPENSES AND CHANGES FUND BALANCE - PENSION TRUST FUND Year ended September 30, 1998 I I I I I I I I i I I Operating revenues Investment earnings Contributions Total operating re,. ,roues Benefit cayments NET INCOME Fund balance, beginninG r;'/'ear Fund balance, end of yes- 643 9,256 9,899 9,789 110 20,090 20,200 The accompanying notes, ~/e an integral part of this statement. 7 I I i I I I I i I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 NOTE A. SUMMARY OF ACCOUNTING POLICIES A summary of the significant accountin9 policies consistently applied in the preparation of the accompanying financial statements follows. General Information The District was created on November 23, 1993, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"), as a Community Development District. The District was established for the purposes of financin9 and managin9 the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, estab ishing, acquiring, constructin9 or re-constructing, enlarging or extending, equipping, operatin9 and maintaining water management, water supply sewer and waste water management, bridges or culverts, distrct roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the Pelican Marsh Community Development District. The District is governed by a five-member Board of Supervisors, who are elected on a rotating basis for terms from tWo to four years. The District was created under Chapter 190 of the Florida Statutes and operates within the criteria established by Chapter 190. The financial statements of the District have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The District's more significant accounting policies are described below. RepEr_t~ng...Entity. As required by GAAP, these financial statements present the Pelican Marsh Community Development District (the primary government) as a stand-alone government. The reporting entity for the District includes all functions of government in which the District's Board of Supervisors exercises oversight responsibility. Oversight responsibility includes, but is not limited to, financial interdependency, selection of 9overning authority, designation of management, significant ability to influence operations and accountability for fiscgl,matters. Based upon the apphcation of the above-mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14, The Financial Repodin9 Entity, the District has identified ,*o component units: Fund Accountin.~ The D~strict maintains its financial records and accounts in accordance with the principles of fund accounting, whereby resources for various purposes are classified for accounting and reporting purposes ~nto funds that are in accordance with activities or objectives specified. Separate accounts are maintained for each fund: however, in the general purpose financial statements, funds that have similar characteristics are combined into fund types. The fund types ar~,d account groups used by {he District are as follows: 1. Gcvernmental Fund Types: a General Fund - Used to account for the operations and maintenance of the District, capital overhead, and all other financial activity not accounted for in other funds. 8 ! I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 I I I NO TEA - S UMMAR Y OF ACCOUNTING POLICIES (CONTINUED) Fund Accounting (Continued) b. Debt Service - Used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. c. Capital Projects - Used to account for financial resources to be used for the acquisition or construction of major capital facilities which are not financed by proprietary funds. I I I i I I i I I I i i Fiduciary Fund Type: a Pension Trust Fund - The Pension Trust Fund accounts for assets held in a trustee capacity. Account Groups: ~ a General Fixed Assets Account Group. - Used to account for fixed assets, including land and buildings, infrastructure and maintenance equipment used in governmental funds. b. Ge___n_erai Long_-Term Debt - Used to account for all unmatured principal of bonds and long-term liabilities of the District. Total columns on the general purpose statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund ehminations have not been made in the aggregation of this data. Basis of Accounting and Measurement Focus Basis of accounting is used to describe when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. The basis of accounting relates to the timing of measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Special assessment income, late charges and intergovernmental revenues are recorded as revenue when earned where liability has been established and collectibility is assured, or losses can be reasonably estimated. Interest income is accrued when receivable within 60 days after year end. Bas,s of Accou_n_t!_n. 9 and Measurement Focus Expenditures are generall7 recognized under the modified accrual basis of accounting when the related fund liability is ~ncurred. An exception to this general rule is that principal and ~merest on general long-term debt are recognized when due II ! Pehcan Marsh Community Development District NOTES TO FINANCIAL STATEI~ENTS September 30 1998 i I ! I i I I I I I I I I I i I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Bas:s of Accounting and [Jrement Focus (Continue_d_) i S a~ ~ ~esdu r ~°m ~'nX~ Io ruSt e ~ l! funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their re~ort, ed fund ~alance (net current assets) is considered a measure of "available spendable res ources" Gc,,emmenta~ fund o~erating statements present increases (revenues an~J other financing so~;r~es) ar's decreases (expenditures and other financing uses) in net current assets Accordingly. the'/ are provided te present a summary of sources and uses of "available spe",dable resources" during a period. The Pension Trust Fund is accounted for on a "capital maintenance" measurement focus. Accordingly. all assets and liabilities are included on its balance sheet, and the repoded fund ecu;t~es (tota! reoorted assets less total reported liabilities) provide an indication of the ecc"omic net worth of the fund. The operating statement for the Pension Trust FLmd reports increases (revenues) and decreases (expenses) in total economic net worth Bu .... S and Budgetary Accounting The annual budget is adopted for the General Fund and Debt Service Fund and approved by the Board of Supervisors. The budget amounts presented in the accompanying financial statements are as originally adopted, unless subsequently amended, by the District's Board of Supervisors. Budgets are adopted on a basis consistent with generally accepted accounting pnnciples, except'as discussed in Note I. Budgetary control is established by the District through appropriated budgets for the General and Debt Service funds. These budgets are financial plans approved in the manner authorized by law Appropriations lapse at ,/ear-end. _ , _:_:mbrances The D~strict does not utilize encumbrance accounting General Fixed Assets Fixed assets used in governmental fund type operahons are accounted for in the General , ix.,_, Assets Account Group, rather than in governmenlal funds. Public domain ("infraslructure") general fixed assets including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are capitalized along with other general fixed assets No depreciation has been provided on such assets All fixed assets are valued at historical cost or estimated historical cost ff actual historical cost ~s not ava,!able Donated assets are valued at their estimated fair value on the date donated Investments Investments are stated at their fair value. 10 I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 i I I ! I ] I I I I I I ! I I I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) _Sp_ecial Assessments ' ? The District's special assessment revenue (non ad-valorem) is levied through Collier County based on the approved budget submitted to the County by the District on or before Sectember 15 of each tax year. The assessment is included in the County's property tax levy which begins each November 1 and is due on or before March 31 NOTE B - CASH AND INVESTMENTS Cash includes amounts ~n demand deposits as well as interest bearing sawngs accounts. Deoosits Fier~da Statutes require state and local governmental units to deposit monies with financial institutions class,fled as 'Qualified Public Depositories," a multiple financial institution pool whereby groups of secur,hes pledged by the various financial institutions provide common collateral from their deposits of public funds. 'l"his pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member instdutions, providing full ~nsurance for public deposits. The District had deposits only with quahfying insbtutions as c~ September 30, 1998, or with banks in which depository insurance was sufficient to cover the deposit balance. The District ,s authorized to invest in those financial instruments as established by Florida Statute 21B 345 The authorized investments consist of 1 Negotiable direct or '~direct obligations which are secured by the United States Government: 2. The Local Governme.",t Surplus Funds Trust as created by Florida Statute 218.045; 3. Interest bearing time deposits or savings accounts in authorized financial institutions; 4 Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. Cash and investments at September 30, 1998 consist of: Cash Demand deposit and savings accounts $797 Insured funds ,$797 The District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the D~strict's name. Category 2 includes uninsured and unregistered investments for which the securibes are held by the counterparty's trust department in the District's name. Category 3 includes uninsured and unregistered ~nvestments 'or which the securities are held by the counterparty's trust department but not in the [;,striot's name. 11 i I Pelican Marsh Commundy Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 , ; ! I ! I i ! I I I ! I '! i I I I I NOTE B - CASH AND INVESTMENTS (CONTINUED) FHI._B Cons. Bnd U S Treasury. Notes Category Market 2 3 Value $2.572..586 $2.642,594 2,.135,453 2,170,367 $ $ $~,..708,039 Evergreen Select Money M,~.,. et Treasu~ The types of deposits and investments and their level of risk exposure as of Seplember 30, 1998 were typical of these ~tems during the fiscal year then ended The District considers an'/ decline in fair value for certain investments to be temporary. In addition, the District has the ability to hold investments to maturity that have fair values less than cost. The District's investments are recorded ~.)t fair value. 1,543.955 NOTE C - CHANGES IN FIXED ASSETS G__eneral Fixed Assets ~ii The following ~s a summary of changes in the general fixed assets account group for the year ended September 30, 1998 ' ,ii. Land ~mprovements M, achmery and equipment Construclion m progress 10/01/97 Additions De/etions 9/30/98 $17,927,395 :. 163.278 $ $ $17,927,395 88.708 251,986 _~:_~ .... 443,186 $18,090,673 $ 531.894 $ $18,622,567 Machinery and equipment includes approximately $158.000 capitalized under capital leases. NOTE D - LONG.TERM DEBT The following ,s a summary of activity in the general long-term debt account group of the Disl,-,ct for the year ended September 30, 1998: i_on3-term debt at October 1, 1997 Increase in accrued compensated absences Increase in capital lease payable Princ,pal retirement Long-term debt at September 30, 1998 $35,062,192 5,850 70,505 ,_0_07_, 6_77) $34,130,868 12 I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 i i I I I I I I I ! ! NOTE D - LONG-TERM DEBT (CONTINUED) General long-term debt ~s comprised of the following: Special Assessment Revenue Bonds Special Assessment Revenue Refunding Bonds, Series 1997A interest at 5.00% to 5.50%, matLmng through May 1. 2016. Special Assessment Revenue Refunding Bonds, Series 1997B, ,r:terest at 525%. matur:ng May 1, 2009 Special Assessment Rever~ue Bond~, Series 1997C, interest at 7 00%. maturing May ; 2019. Special Assessment Revenue Bonds, Series 1997D, interest at 5 95%, maturing May 1 2019. Capital Lease Obligations Cac,~tal lease obligabon coliateralized by equipment, interest at 9 524%. maturing through JanuarY 1999, monthly payments of S'335 including interest. ~,, Capital Pease obligation collateralized by equipment, interest at 6.50%. maturing through January 2001, monthly payments of S391 ~ncluding interest Cap,tal lease obligation collateralized by equipment, interest at 6.35% maturing through April 2002 monthly payments of S378 ~n,:-Iuding in',erest Cap,iai lease o,,:ligation coliateralized by equipment, interest at ~ ,:5%. maturing through May 2001. monthly payments of S330 ,~c;uding interest Ca?al lease obligation collateralized by equipment, interest at 6 25%, maturing through July 2002, monthly payments of S660 hnc.!uding interest ! ! I1 Capital lease obligahon collateralized by equipment, interest at 535%, maturing through November 2002, monthly payments of $803 including interest Capital lease obligabon collateralized by equipment, interest at 5 35% maturing through November 2002, monthly payments of $933 including interest Compensated Absences Noncurrent portion of compensated absences. Employees of the Dmtrict are entitled to paid annual personal leave, based on length of service. I Total general Ioncj-:erm debt $11,615,000 725,000 13,460,000 8.185,000 1,875 10,137 14,209 9,406 19.961 33,811 39,59i .... 16,~78 $34.130,868 13 ! I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 ~ I I I I I NOTE D - LONG-TERM DEBT (CONTINUED) The annual requirements amortize the principal and interest of bonded debt outstanding as of September 30, 1998 are as follows: Year ending ,~ : .~. September 30 ! Principal Interest Total 1999 ; : 5 450,000 52,151,720 $ 2,601,720 2000 ~ '. ; 2001 990,000 2,129,108 3,119,108 2002 ' 1,050,000 2,069,293 3,119,293 1,115,000 2,005,773 3,120,773 2003 ' :: 1,185,000 1.938,210 3,123,210 Thereafter '~ . 29,195,000 17.409.570 46,604,570 Total 533,985,000 S27,703.674 561,688,674 I I I I I i I I ] I ! I The annual requirements to amortize capital Pease obligations, including interest, outstanding as of September 30, 1998 are as follows: Year' ending i! September 30 1999 2000 2001 2002 2003 Tolal Principal Interest Total 5 48,990 5 8,908 $ 57,898 52,576 5,088 57,664 36,843 2.695 39,538 39.276 1.350 40,626 3,448 23 3,471 $181 133 518.064 $199,197 Summary of S_ig__nificant Bonds Resolution Terms and Covenants SPECIAL ASSESSMENT REVENUE BONDS, SERIES 1997 Depositor, Funds- The bond resolution establishes certain funds and determines the order ;n wh;ch revenues are to be deposited into these funds. A description of the significant funds, including their purposes, is as follows: The 1997-1 Reserve Account is funded from the proceeds of the Senes 1997A Bonds in an amount equal to 5583,591. The 1997-2 Reserve Account,s funded from the proceeds of the Series 1997C Bonds in an amount equal to $1,252,575 and from the 1997D Bonds in an amount equal to 760,046. Monies held in the reserve accounts will be used only for the purDoses established in the Trust Indenture. Required reserve deposits at September 30. 1998: Series 1997 52,596,212 14 ! i Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 . ~: I I I I I I ! I NOTE D- LONG-TERM DEBT (CONTINUED) _Dep_o_sitory _F..un__ds (_.C_o_._0_ntinued_) i: ! At September 30, 1998. the reserve account balances are suffioent to satisfy the bond resolution requiremer-,',s 2 Revenue Fund - Th.:, District shall promptly deposit Assessment Revenues with the Trustee immediately ,.;~;on receipt and subsequently applied to the appropriate funds and accounts The Special Assessmem Revenue! Refunding Bonds, Series 1997 A and B, collectively referred to as the "Ser~es 1997-1 Bonds," and the Special Assessment Revenue Bonds, Ser~es t997 C and D, c.~::ectively referred to as the "Series 1997-2 Bonds" were issued on August 29, 1997. The ~)roceedslofthe Series 1997-1 Bonds were used to (i) refund the Special Assessment Rever:ue Bond~, Series 1994 A and B; (ii) finance the remainder of the ~roject begun with the Se;~es 1994 Bonds; (iii) pay certain costs of issuance and establish a resen/e account for the Ser~es 1997-1 Bonds: and (iv) pay a portion of the future interest on the Series 1597-1 Bonds The proceeds of the Series 1997-2 Bonds are being used for the Durgsse of ¢'1) financ~-~ capilai improvements, including drainage, irrigation and ,,nfrastructure fii1 pay cert~ n costs of issuance and establish reserve accounts for the Series i£,L, 7~2Bonds and (iii) pa. a portion,of the future interest on the Ser~es 1997-2 Bonds. !: The refundin': of the Se'es 1994 Bonds reduced the District's aggregate debt serwce ~a?ments b'.,' approximate,.,, $9,500,000 over the next 20 years and attained an economic ga~" which ~s the difference between the present values of the old and new debt service r:,a'.,ments, of approximate ,' $2,700,000. Pa,'ment of ,'-.':nc~Dal ch" nterest on the outstanding bonds is coliaterahzed by special i I I I I I ! Th.:_- Ser~es 1797-1 and "~.i.::7-2 Bonds are subject to redemphon at the option of the District on :,, after Ma7 1, 2007 a,"'tJ May 1, 2004, respectively, in ,,',,hole or in part any time or in part on any interest payment date at the redemption price stated below, plus accrued interest. ]''he District may also ns~:~,c;! the Trustee ~o purchase 1997-1 and 1997-2 Bonds at any time at t'-e most advantageous r.'~ce, which may not exceed par. Re,::e,mot~on Periods Redemption Premium Ma,, : 2007 throughApr~J :3, 2008 102% Ma, 2008 t."':'ough April -.~. 2009 101% ;.,.1 a, '. 2009 a~d thereafte- ', 00 °'/o The 1997-I and 1997-2 B:.r:d resolutions establish cedam restrictive covenants. The District ";:n'2 ed in a',' material rec-.,oects with these covenants for the year ended September 30. NO TEE - ECONOMIC DEPENDENCY AND RELA TED PARTIES .:,. d._r~a~ por:~an of the E).:;;r;ct's activity is dependent upon the contm,Jed ~r~volvement of the ,or~,'-'-.ar'f de,.,eiooer the loss -;f which could have a ;'nater,,ally adverse effect on the District At SeFtember 30 1998, the :eveloper held the majont'? of the assessable property located .','~th" District ,~oundaries 15 i I Pelican Marsh Communit:, Development District .o .s September 30, 1998 ~.[~ I I I I I i I i I I ! I I I i NOTE F - RISK MANAGEMENT ~-'~'~ The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions: and natural disasters for which the government carries commercial insurance. ~ NOTE G - ACCQUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the repealed amounts of revenues and expenses during the resorting per,cd. Actual results could differ from the estimates NQTE H- YEAR 2000 ISSUE The year 2000 issue is the result of shortcomings in many electronic data processing systems and other electronic equipment that may adversely affect the government's operations as early as fiscal year 1999. Pelican Marsh Community DeveloPment District has completed an inventory of computer systems and other electromc equipment that may be affected by the year 2000 issue and that are necessary to conducting District operations and has identified such system as being financial reporting. The Oistrict utilizes an external service organization for its financial reporting. For the year ended September 30, 19c.~ the District has received notification from ~ts vendor that the software they are using is year 2000..compatible. : Non ad-valcrem assessments andlco ections for the District are handled by the Collier County Property Appraiser and Tax Collector The county is responsible for remediating this system, and is solely responsible for'iany costs associated with this project. Because of the unprecedented natUre of the year 2000 issue its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Management cannot assure that Pelican Marsh Community Development District is or will be year 2000 ready, that the District's remediation efforts will be successful in whole or in I')ad~ or th,~t parties v,,~th whom the District does business w;ll be year 2000 ready. NQTE I - BUDGET TO ACTUAL DIFFERENCES Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) except as follows: General Fund: Excess of revenues and other t~nancial sources over expenditures /GP,.A P basra, $~77,926 Basra differences Capital lease paymenls riel budgeled as debt serwce expendit,ares (26.869) Capital lease paymenls budgeled as operating expenditures 2G.869 roceeds from capital leases not budgeted as other financing sources 85,940 Capital outlay for capital leases not budgeted as capital outlay expenditures Excess of revenues over expenditures (non-GAAP budgetary basis) S 177,926 ~' ! ~i 16 I I Pelican Marsh Community Develol~ment District NOTES TO FINANCIAL STATEMENTS September 30, 1998 ~ I I I I I ! ! [ i I [ i ! I I i I NOTE J - EMPLOYEE BENEFIT PLAN The District established a defined contribution pension plan (the "Plan") in Fiscal Year 1996. The Plan, which is available to all District employees upon completion of one year of service, provdes that the District will contribute 6% of an employee's annual salary, and the employee has the ability to contribute an additional 4%. Vesting occurs 20% per year after one year of service. Forfeitures are used to reduce the District's contribution. At September 30, 1998, there were 11 participants in the Plan. The total payroll for employees covered by the Plan for the year ended September 30, 1998 was $168.820: the District's total payroll ,,vas $284,.458 for the same period. The District contributed cash of 39.854 for the Fiscal Year ended September 30, 1998. NOTE K - OPERATING LEASES The District leases equipment under operating leases expiring in various months in 1998~ Rental expense under such leases was approximately S43.000 for the Se,otember 30. 1998. !i ii year ended NO TEL - CHANGE IN ACCQUNTING PRINCIPLE During the year ended September 30, 1998 the District changed its method of recording investments from cost to fair value.. The District is required to make this change m order to comply with Government Accounting Standards Board, Statement 31. which became effective this year. The change increased investment earninas in the debt service fund by S105.371 for the current year. The cumulative effect on p~ior years v/as not significant enough to recuire restatement. 17 REPORT ON AND ON INTERNAL CONTROL COMPLIANC OVER FINANCIAL OF FINANCIAL REPORTING BASED ON AN AUDIT STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Pel,can Ma[sh~ Community Development District !~ ~ September 30, 1998 ! ! I I I i I I ! i I I i I I i ! i ! Ber,qer, T~×)mbs, Elnm Frank REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Pelican Marsh Community Development Dislrict Naples, Florida We have audited the finansial statements of Pelican Marsh Community Development District as of and for the year ended September 30, 1998, and have issued our report thereon dated January 22. 1999. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Governrnent Auditing S!andards. issued by the c2omptroller General of the United States C_'_o_ mpliance As part of obtaining reasonable assurance about whether Pelican Marsh Community Development District's financial 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 ~nstances of noncompliance that are required to be reported under Government Auditing Standards !nternal Control Over Financial Rep__grtin9 In planning and performw,9 our audit, we considered Pelican Marsh Community Development D~strict's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. 19 ! I ! i0 1 To the Board of Supervisors Pelican Marsh Community Development District A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the board of supervisors, management, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. Foal Pierce, Florida ,January 22, 1999 2O 1 AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER ii.45 FLORIDA STATUTES Pehcan Marsh Community Development District September 30, 1998 R__eport of Inde~}endent Certified Public Accountants To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida We have audited the general purpose financial statements of the Pelican Marsh Community Development District (the District) for the year ended September 30, 1998, and have issued our report thereon dated January 22,'1999. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Ad-ditionally, our audit was conducted in accordance with the 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. In connection with our audit, we have made a study of the District's internal control and administrative control procedures that we considered relevant to the criteria established by the Office of the Auditor General as set forth in Rules of the Auditor General Chapter 10.550, "Local Governmental Entity Audits" We have issued our Report of Independent Certified Public Accountants on Internal Control and on Compliance with Laws. Regulations and Contracts dated January 22, 1999. Disclosures in this report, if any, should be considered in conjunction with this management letter. The Rules of the Auditor General (Section 10.554(t)(01.) require lhat we comment as to whelher or not irregularities repoded in the preceding annuai financial audit report have been corrected. There were no irregular t es disclosed in the preceding annual financial report. The Rules of the Auditor General (Section 10.554(1)(02.) require that we comment as lo whether or not recommendations made in the preceding annual financial audit report have been followed, All recommendations and other comments from the preceding annual financial audit have been properly addressed. As required by the Rules of the Auditor General (Section 10.554(1)(03.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency". In connection with our audit, nothing came to our attention that caused us to believe that Pelican Marsh Community Development District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. %'h-r'' ,.. '\l( 22 To the Board of Supervisors Pelican Marsh Community Development District As required by the Rules of the Auditor General (Section 10.554(1)(04.), we determined that the annual financial report for the District for the fiscal year ended September 30, 1998, was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1998. The Rules of the Auditor General (Seclions 10.554(1)(06., 7., 8., 9.) require disclosure in the management letter of the following matters if not already addressed in the auditors' report on the internal control and comphance: 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 may or may not materially affect the financial statements; improper or inadequate accounting procedures; failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10 5540{06 7 8 9) !nternal control matters and violations of laws rules and regu ations discovered wit ' comphance audit which may or ma not ' _ .h~n t. he .sc.ope of the financial and Y materially affect the financial statements are addressed in our report on internal conlrol and compliance with laws and regulations, dated January 22, 1999. There were no illegal or improper expenditures discovered within the scope of/he financial audit. The District was created November 23, 1993, pursuant to Rule 42P-1.001 of the Florida Administrative Code, rules snd regulations of the Land and Water Adjudicatory Commission which conforms with the process contained in Chapter 190 of the Florida Statutes. The District was established to provide for the ownership operation and maintenance of certain community-wide infrastructure. ' This report is intended solely for the use of management and the Auditor General of the State of Fj~'da, and should not be used for any other purpose. Fo~ Pierce, Florida January 22, 1999 23 March 10, 1999 Cierk of the Circuit Court, Coil,er County Courthouse 3301 Tamiami Trail East P.O. Box 413044 Naples. Florida 33941-3044 Attenaon: Sublect: Dear Mr. Brock: Mr. Dwighl E. Brock Clerk of tho Circuit Coud Pelican Marsh Community Development District Fiscal Year 1998 Annual Financial Report of Units of Local Government Pursuant to Florida Statues. Sect,on 218.32(1)(b). enclosed please find the following: 1. Genera: Purpose Financial Statements September 30, 1998. 2. The Ma, ..,~emen! Letter ,s a part of the Audited Financial Slatemenls. 3. Local G.)vernment Annual Financial Report If you nave any questions or reel, re any additional reformation, please contacl mo. Yours s',ncerely, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT R-,,ndolph G. White D'rector of Financial Services RGW 'sdr Enclosures REC -IVED,_ FIN,;:,NCE I t I I I I I ! I I I I I i ! I ! I I I ¢}ENERAL PURPOSE FINANCIAL STATEMENTS AND REPORTS OF iNDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Pelican Marsh Community Development District September 30. 1998 word~z: ~ a t a",a mip ro',,/p~oe im a r s hV S 98 x~:~ada'H 23Vp~oelma rsh~lsgcj I I ! I I I I ! ! I I I ! ! I I ! I CONTENTS REPORT OF INDEPENDEt,T CERTIFIED PUBLIC ACCOUNTANTS GENERAL PURPOSE FII",V..'NCIAL STATEMENTS COMBINED BALANCE S~.,EET - ALL FUND TYPES AND ,,*,CCOUNT GROUPS COt'.IBINED STATEMEN; ,,DF REVENUES. EXPENDITURES AND CHANGES iN FUND B,'..LANCES - ALL GOVERNMENTAL FUND TYPES COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES I~',~ FUND B,Z,.LANCE - BUDGET (NON-GAAP BASIS) AND ACTU,~',L - GENER.:,L FUND COMBINED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES ~'; FUND BALANCE- BUDGET (GAAP BASIS/ AND ACTU,;.L - DEBT SERVICE 'FUND' STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND B/,LANCE - PENSION TRUST FUND NOTES TO FIt,',,'dNCIAL q~-' ,~-,TEIVlENTS REPORT ON COt.!PLIANCE ;,ND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS AUDITORS' t',,1A,',AGEMENT ~.ETTER REQUIRED BY CHAPTER 1 ~ .h' FLORIDA ST,~TUTES . Page 1 7 8 19 22 I I I I I I I ! I I I I I I ! I ! I BorDer; -l × mbs, Elam & Frank !';.~". i-,. ,: Report of Inde_p_endent Certified Public Accountants TO the Board c' Supervisors Pelican Marsh Community Development gislrict ~',~a pies. Florida ',',/e have aud¢,ed the accompanying general purpose financial slatements of Pelican Marsh Cor'nrnunity Development D~strict as of September 30. 1998 and for the year lhen ended as listed in Ihe fable of conlenls. These general ~3urpose finanoal statements are the responsibility of Pehcar~ Marsh Community Developmenl -~stric/ management Our responsibility is to express an opinion on these general purpose financial statements based on our Stan_d_ard_s. issued by lhe o perform the audit to obla~n " ' e. DSO slandards require lhat we plan and reasonable assurance aboul whether the general purpose financial slalemenls are f,'ee of material m~sstatemeni ,',n audit includes examming, on a test basis, evidence supporting the amounts a~d disclosures ~:~, the genera~ 2urpose financial slalements. An audit also includes assessing the accounting prmciples used a'q.d significanl estimates made by managemenl, as well as evaluating the overall general purpose fi.qancial siaIemeqt i3resentatior: We believe lhat our audit provides a reasonabre basis for our opinion. tn our opm,on. Ihe general purpose financial statemenls referred to above present fairly, in all material respects, the financial posmon of Pelican Marsh Community Development District as of September 30, 1998, and the results of its operal~ons for the year lhen ended in conformity with generally accepted accounting principles. As discussed in ",/Die H Io lhe general purpose financial statemenls, Pelican Marsh Community Development District has mp ememed Technm~al Bulletin 98-1 of the Governmental Accounting Standards Board, Disclosures Abou! Year 2000 /ssues for the fiscal year ended September 30. 1998 The bulletin requires auditors' reports daled after October 31. !998 to mdude cedain year 2000 disclosures As discussed m ,',,'o~e L to the genera purpose financial statements. Pelican Marsh Community Development D~strict has imp!e,mented Statement 31 of the Governmental Accounhng Slandards Board, Accounting and Fmanc~al Repo'~mg for CoP, am Investments and for External Inve.stmenl PooLs Ior ~he fiscal year ended Seplember 30. 1998. In accordance w'~th Government Auditing Standards, we have also issued our report dated January 22, 1999, on our consideration of Pelican Marsh Community D-'~evelopmenl District's inlernal control over financial repoding and /~our tests of its compliance with certain provisions of laws. regulations and contracts. Fort Pierce, Florida January 22, 1999 Pelican Marsh Community Development District COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUP, J[ September 30, 1998 . .. Governmental Fund Types ASSETS Debt Capital General Service Proiects Cash and investments, al fair value Interest receivable Due from other governments Due ,from other funds Fixed assets Amount available ~r, debt service funds A,mount to be prov,ded Total assets LIABILITIES. EQU/TY AND OTHER CREDITS L IA B IL I TIES Accounts payable and accrued e,~censes Due ~o developer Due Io other funds Bonds payable Compensated absences Capital leases payab!e 'Fctal liabilities EQUITY AND OTHER CREDITS Investment in genera', fixed assets Fund balances Reserved for debt service Reserved for cap,Iai projects Reserved for employee retirement Unreserved and undesignated Total equity and other credits $ 870,842 S 6,015,404 3,580 127,788 20,255 $ 894,677 S 63,413 236,636 37,753 337,8O2 556,875 556,875 S 894,677 Total liabilities equity and Other credits The accompanying notes are an ~ntegral part of this statement. 31,604 9,447.628 36.109 S 6,174,796 $ 9,483,737 6, 174,796 9,483,737 6.174.796 9,483.737 $ 6.174,796 S 9,483,737 I I I I I I I I I I I I I I I I I I I I I I I I I I i I i I I I I I i ! F~duciary ~'und Type Pension Trust 23,839 $ 6,149 29,988 9,788 9.788 20,200 20.200 $ 29.988 Account Groups General Fixed Assets General Long-term Debt 18,622,567 $ 18,622,567 6,174,796 27,956,072 S 34,130,868 33,985,000 16,877 128,991 34,130,868 18.622.567 18,622,567 18,622,567 34,130.868 Totals (Memorandum Only) $ 16,357,713 167,477 20,255 37,753 18,622,567 6, 174.796 27,956,072 $ 69.336,633 73.201 236,636 37,753 33,985,000 16,877 128,991 34,478,458 18,622,567 6,174,796 9,483,737 20,200 556,875 34,858,175 69.336,633 I I Pelican Marsh Community Development District ,.-~ / . . -- CHANGES IN FUND BA~NCES - ALL GOVERNMENTAL FUND ~PES ' ~ ' "' Year ended September 30, 1998 ~ Governmental Fund Types ~ -- Debt Capdal (Memorandum Revenues ,, General Semice Projects Only) Nan ad-valorem assessments S 1,405,666 S 845 395 S - S 2251 P'eaaidassessm~ts 1 ' .. , ,061 i ~ Ot~r revenue ' ;,, ,.~ ~z.u~J 454,708 1 015,900 46 1,~4 ' - 46 154 I ~ E~end~tures I Cu,rent I ~ ~eneral govercment ' 154,161 . 154 161 ~ I ~ubtic safety 298,018 . ~hys cai envffcr mC*, 298,018 I.... 827,882 . - 827 882 I I 7ranspodallori 13 374 I I Cap,,al outlay ..... ' 1~.374 I Debt se~ice ou..u~ . - 443,186 531 895 I~ ct,~ncipal 22,679 98u 000 - 1, . ~I ~* Cr--~ ' 007 679 I ...... 4,190 1,511,004 - 1,515,194 I Total expend,tures 1,409,013 2,~6,004 ~ 4,348,203 I~ Ezcess of revenues over ~I ezc, enditures before other I financing sources and fuses) 91.986 384,349 11,522 467,857 II Olher ~ancing sources and fuses~ Proceeds from ca~tal ~ease 85 940 . ' 85 940 II Total other finamr:nn sources r '¢s~ 8~ 940 .... 8~ II z~ ........ ~_.~ ~.~ _ ~ 85,940 I , E cess of revenues n'~d other fina~,-,,~9 I I sources over expe,,-qtures 177 I iii ' '," ,~zu 364,349 11,522 553,797 Fund ba ances Octc.¢er 1, 199/ 378,949 5,810,447 _ 9,¢2,215 15,661,611 ~ I Fund balances - Secmmber 30, 199A $ 556,875 $ 6,174,796 $ 9483737 $ 16215,4 I Pelican Marsh Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE. BUDGET (NON-GAAP BASIS) AND ACTUAL- GENERAL FUND Year ended September 30, 1998 ! I ! I I I I ! i i I I ! I I I I General Fund Type Budget Actual Reveques Non ad-valorem assessments S 1.341.819 S 1 405.666 Investment earnings 2.400 49.179 Other revenue 74.665 46.154 Total revenues 1.418.884 1.500.999 IFxpend~tures Current General govern.¢eqt Public safety Physical envJrcrment Transportation Total expend tures Excess of re',enues over e×r,e'-,ditures Fund balance - October 1. 1997 S Fund balance - September 30. 1998 Variance Favorable (Unfavorable) 63.847 46.779 (28,511) 82,115 158.750 154.161 4.589 298.500 298.018 482 944.575 857.520 87.055 17.059 13.374 3.685 S The accompanyin¢ notes are an intef¢,~fl part of this statement. 1.418.884 1.323.073 177.926 378.949 $ 556,875 95,811 177,926 I i Pelican Marsh Community Development Distdct COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET (GAAP BASIS) AND ACTUAL. DEBT SERVICE FUND Year ended September 30, 1998 I I I I I ! ! I i I I i I I I I I Debt Service Fund Type Budget Actual Revenues ;~cr' ad-valorem assessments S 845,395 $ 845.395 ~re2a~d assessments t,502,945 1.502,945 investment earnings 522,158 512.013 ' ;'.al revenues 2,870,498 2.860,353 E;r perdrtures E'ebt service Principal 985,000 985,000 interest 1,511,004 1,511,004 Total expe?d:tures 2,496,004 2,496,004 Excess (deficiency) cf revenues over exgenditures Fur'd ~:¢ance - Octobe, :, 1997 Fund balance - SeptemOer 30. 1998 374,494 364,349 5,810,447 5,810,447 S 6,184,941 S 6,174,796 $ The accompanying notes are an integral part of this statement. Variance Favorable (Unfavorable) (10,145) (10,145) (10,145) (10,145) I I I Pelican Marsh Community Development District STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE - PENSION TRUST FUND Year ended September 30, 1998 I I I I I I i I I I I I I I Ooerating revenues Investment earnings Contributions Total operating revenues Bede,fit payments NET I,";COM E Fuiqd balance, begmrtrng of year Fund balance, end of year The accompanying notes are an intel?al part of this statement. $ 643 9,256 9,899 9,789 110 20,090 S 20,200 ! I Pehcan Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1-098 I I I I i ! ! NOTE A - SUMMARY OF ACCOUNTING POLICIES A summao' of the significant accounting policies consistently applied in the preparation of the accompanying financial statements follows. General Information The Dis[rict was created on November 23, 1993, pursuant to the Uniform Community Development D~strict Act of i980, Chapter 190, Florida Statutes. as amended (the "Act"~. as a Community Development District. The District ,,,;as established for the purposes of financing and managing tr'e acquisition, ccnstruction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction The District is au, onzed ,o ~s_Je oonds ,_,r the purpose, among others of financing, funding planmng. establishing, acquiring, constructing or re-constructing, enlarg ng or extending, equipping, o~erating and maintaining water management, water supply, sewer and waste water management, br:dges.or culverts, district roads, landscaping, street lights and other basic infrastructure projects ,,vithm or without the boundaries of the Pelican Marsh Community Development D~strict. The District is governed by a five-member Board of Supervisors, who are e!ected on a rotating basis for terms from two to four years. The District was created under Chapter :~0 of the Florida Statutes and operates within the criteria established by Chapter 190 The financial statements o¢ the District have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The District's more significant accounting po!~c es are described below. ! i I ! I I I I Re~ortin9 Entit'/r As required by GAAP, these financial statements present the Pelican Marsh Community Development District (the primary government) as a stand-alone government. The reporting enbty for the D~strict includes all functions of government in which the Dislrict's Board of Supervisors exercises overs~?ht responsibility Oversight responsibility includes, but is not !in',~ted to, financial interdependency, selection of governing aulhority, designation of management, s~gnificant ab~!~y to influence operations and accountability for fiscal matters Based upon lhe application of the above-mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14. The Financial Repoding Entity, the D~strict has identified no component units. Fund Accounlin~ The District maintains its financial records and accounts in accordance with the principles of fund accounting whereby resources for various purposes are classified for accounting and reporting purposes into funds that are in accordance with activities or objectives specified. Separate accounts are maintained for each fund: however, in the general purpose financial statements, funds that have similar characteristics are combined into fund types. The fund ty~es and account groups used by the District are as follows: Governmental Fund T'/,':es a. General Fund - Used to account for the operations and maintenance of the District, capital overhead, and all other financial activity not accounted for in other funds. 8 I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 .,j I I i I I I I I I I I ! ! i I I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Fund Accounting (Continued~ b. Debt Service - Used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. c. Capital Projects - Used to account for financial resources to be used for the acquisition ~r-~onstruction of major capital facilities which are not financed by propnetar,/funds. 2. Fiduciary Fund Type: a. Pension Trust Fund - The Pension Trust Fund accounts for assets held in a trustee capacity. 3. Account Groups: General Fixed Assets Account Group_ - Used to account for fixed assets, including land and buildings, infrastructure and maintenance equipment used in governmental funds. b. General Long-Term Debt - Used to account for all unmatured principal of bonds and long-term liabilities of the District. Total columns on the general purpose statements are captioned "memorandum only" to ',ndicate that they are pr:esen ed only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Basis of Accounting and Measurement Focus Basis of accounting is used to describe when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. The basis of accounting relates to the timing of measurements made, regardless of the measurement focus applied. Al! governmenta funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Special assessment income, late charges and intergovernmental revenues are recorded as revenue when earned where liability has been established and collectibility is assured, or losses can be reasonably eshmated. Interest income is accrued when receivable within 60 days after year end. B~asis of Account~n9 and Measurement Focus Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this generat rule is that principal and interest on general long-term debt are recognized when due. 9 I ! Pehcan Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I i I I i I i I ! I I i NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Bas~s of Accounting and Measurement Focus (Continued) The accounting and reporting treatment applied to fixed assets and long-term liabilities associated with a fund is determined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current habilities are generally included on their balance sheets Their reported fund balance (net current assets) is considered a measure of "available spendable resources". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly. the,/' are prowded to present a summary of sources and uses of "available spendable resources" during a period. The Pension Trust Fund is accounted for on a "capital maintenance" measurement focus Accordingly, ali assets and habilities are included on its balance sheet: and the repoded fund equities (total reported assets less total reported liabilities) provide an indication of the economic net worth of the fund, The operating statement for the Pension Trust Fund reports ~ncreases (revenues) and decreases (expenses) in total economic net worth, B_u_d~ets and Budgetary Accountinq The annual budget is adopted for the General Fund and Debt Service Fund and approved by the Board of Supervisors ]-he budget amounts presented in the accompanying financial statements are as originally adopted, unless subsequently amended, by the District's Board of Super.,.;sors. Budgets are adopted on a basis consistent with generally accepted accounting princ~,oles, except as discussed in Note I. Budgetary control is established by the District through appropriated budgets for the General and Debt Sen:ice funds. These budgets are financial plans a3proved in the manner authorized by law Appropriationsiapse at year-end. Encumbrances The D~s. ~c, does not utilize en,::umbrance accounting. General Fixed Assets Fixed assets used in governmental fund type operations are accounted for in the General Fixed Assets ,Account Group. rather than in governmental funds Public domain ("infrastructure") general fixed assets including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are capitalized along with other general fixed assets. No depreciatior: has been provided on such assets. APl fixed assets are valued at historical cost or estimated historical cost if actual h~storical cost ~s not availab.e. Dona!ed assets are valued at their estimated fair value on the date donated Investments Investments are stated at the,r fair value. 10 II ! Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I i I I I ! I i I I ! i ! ! I NOTE A - SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Special Assessments The District's special assessment revenue (non ad-valorem) is levied through Collier County based on the approved budget submitted to the County by the District on or before September 15 of each tax year. The assessment is included in the County's property tax levy which begins each November 1 and is due on or before March 31. NOTE B - CASH AND INVESTMENTS Cash includes amounts in demand deposits as ',','ell as interest bearing savings accounts. D_e. posits Florida Statutes require state and local governmental units to deposit monies with financial mst~tutions class,fled as "Qualified Public Depositories." a multiple financial institution pool whereby groups of securities pledged by the various financial institutions provide common collateral from their deposits of public funds. This pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member mshtutions, prowding full insurance for public deposits. The District had deposits only with c:uahfy ng institut~cns as of September 30. 1998. or with banks in which depository insurance ,,','as sufficient to cover the deposit balance. The District is authorized to invest in those financial instruments as established by Florida Statute 218.345 The authorized investments consist of: 1. Negotiable direct or indirect obligations which are secured by the Umted States Government. 2. The Local Government Surplus Funds Trust as created by Florida Statute 218.045; 3 Interest beanng time deposits, or savings accounts in authorized financial restitutions: 4 Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. Cash and investments at September 30, 1998 consist of: Cash Demand deposit and sawngs accounts $797 Insured funds $797 The District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trus~ department in the District's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department but not in the District's name, 11 Pelican Marsh Community Development District September 30, 1998 NOTE B - CASH AND INVESTMENTS (CONTINUED) Category Market I 2 3 Value FHLBCons. Bnd S - $ - $2 572 586 U S Treasury Notes 2'1 ' S2,642,594 __:..- - ,- , 35,453 2,170,367 Evergreen Select Money Ma';et Treasury S - S - ~4,708 039 -!.-1.,-5-4_3.._9_55 $16,3__56,916 of The types of deposits and=~nvestments and their level risk exposure as of September 30, 1998 were typical of thes~ items during the fisca year then ended. The District considers an'.,, decline in fair value for cedain nvestments to be tempora In addition . 'h " ,' . , ry. . the District has ! e abd~ty to holt: investments to maturity that have fair values ess than cost. The District's investments are recorded at fair value. NQTE C - CHANGES IN FIXED ASSETS General Fixed Assets The following is a summar:,, :~i changes in the general fixed assets account group for the year ended September 30. 19c..,~ 10/01/97 Additions Deletions 9/30/98 Land improvements ~-17 927 3qR Machinery and equipment 163,278 88,708 _ Construction in progress - 443,186 . ' $18,090,673 $531,894 S _$_1_8_, 62_2,5__6._7 Machinery and equipment includes approximately $158,000 capitalized under capital leases. NOTE D o LONG-TERM DEBT The following is a summar'.¥ of actiwty in the general long-term debt account group of the District for the year ended Ser)tember 30, 1998:. Lon,..q-term debt at October; 1997 $17,927,395 251,986 443,186 $35,062,192 Increase in accrued compensated absences 5,850 Increase in capital lease payable 70,505 Principal retirement _ (1,007,679) Long-term debt at September 30, 1998 $34,130,868 12 ! I I I I I I ! ! I ! ! ! I i I ! Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 NOTE D - LONG-TERM DEBT (CONTINUED) General long-term debt is comprised of the following: Special Assessment Revenue Bonds Special Assessment Revenue Refunding Bonds, Series 1997A interest at 5.00% to 5.50%, maturin9 through May 1, 2016. Special Assessment Revenue Refunding Bonds, Series 1997B, interest at 5.25%, maturing May 1, 2009 Special Assessment Revenue Bonds, Series 1997C, interest at 7.00%, maturing May 1. 2019. Special Assessment Revenue Bonds. Series 1997D, interest at 6.95%, maturing May 1. 2019. Capital Lease Obligations Capital lease obligation collaleralized by equipment, interest at 9.524%. maturing through January 1999. monthly payments of ,$635 including interest Capital lease obligation collateralized by equipment, interest at 6.50%, maturing through January 2001, monthly payments of $391 including interest Capital lease obligation 'collateralized by equipment, interest at 6~35%. .'T:aturing through Aprii 2002 monthly payments of $378 including interest Capital lease obligation collateralized by equipment, interest at 645%. maturing through May 2001, monthly payments of $330 ~ncluding interest Capital lease obligation collateralized by equipment, interest at 6.25%, maturing through Juiy 2002, monthly payments of $660 including interest Capital lease obligation collateralized by equipment, interest at 5.35%, maturing through November 2002, monthly payments of ,$803 including interest Capital lease obhgation collateralized by equipment, interest at 5.35% maturing through November 2002. monthly payments of S933 including interest Compensated Absences Noncurrent portion ofcomper;sated absences. Employees of the District are enhtled to paid annual personal leave, based on length of service. Total general long-term debt $11,615,000 725,000 13,460,000 8,185,000 1.875 10,137 14,209 9,406 19,961 33,811 39.591 16,878 $34,130,868 13 i ! Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 i I ! I i I I i ! i I I ! i I NOTE D - LONG-TERM DEB T (CONTINUED) The annual requirements to amortize the principal and interest of bonded debt outstanding as of September 30, 1998 are as follows: Year endfilg September 30 Principal Interest Total 1999 S 450,000 $2,151,720 S 2,601,720 2000 990,000 2,129,108 3,119,108 2001 1,050,000 2,069,293 3,119,293 2002 1,115,000 2,005,773 3,120,773 2003 1,185,000 1,938,210 3,123,210 Thereafter 29,195,000 17,409,570 _._4_6,604,_5_7_0_ Total .$33,985,000 $27,703,674 $61,688,674 The annual requirements to amortize capital lease obligations, including interest, outstanding as of September 30. 1998 are as follows: Year ending September 30 Principal Interest Total 1999 $ 48,990 $ 8,908 $ 57,898 2000 52,576 5,088 57,664 2001 36,843 2,695 39,538 2002 39,276 1,350 40,626 2003 _ 3,44~ ...... ~ ..___3,.~7~. Total _$_1..8_ !_, 13___3. 318.064 $199,197 ..Su_ n_~,_m_ a__~_ o~f__S!g_n_if_ic__a_n_t Bonds _R._e_s_oiulion Terms and Covenan[s SPECIAL ASSESSMENT REVENUE BONDS, SERIES 1997 D_ep. ositpry Fu__n._d_s - The bond resolution establishes certain funds and determines the order ~n which revenues are .to be deposited into these funds. A description of the significant funds, including their purposes, is as follows: The 1997-1 Reserve Account ~s funded from the proceeds of the Series 1997A Bonds in an amount equal to $583,591. The 1997-2 Reserve Account is funded from the proceeds of the Series 1997C Bonds in an amount equal to $1.252,575 and from the 1997D Bonds in an amount equal to 760,046. Monies held in the reserve accounts will be used only for the purposes estabhshed in the Trust Indenture. Required reserve deposits at September 30, 1998: Series 1997 $2,596,212 14 I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30. 1998 I I I I ! I I I I ! ! ! I i I I I NOTE D - LONG-TERM DEBT (CONTINUED) De osito Funds Continued __LP. ry ~-~ ....... ( ) At September 30, 1998 the reserve account balances are sufficient to satisfy the bond resolution requirements Revenue Fund - The District shall promptly deposit Assessment Revenues with the Trustee ~mmediately lJpon receipt and subsequently applied to the appropriate funds and accounts. The Special Assessment Revenue Refunding Bonds. Series 1997 A and B, collectively referred to as the 'Senes ',997-1 Bonds," and the Special Assessment Revenue Bonds, Series 1997 C and D. collectively referred to as the "Series 1997-2 Bonds" were issued on August 29, 1997. The proceeds of the Series 1997-1 Bonds were used to (i) refund the Special Assessment Revenue Bonds, Series 1994 A and B; (ii) finance the remainder of lhe project begun with the Serres t994 Bonds; (iii) pay certain costs of issuance and establish a reserve account for the Set,es 199%1 Bonds; and (iv) pay a porbon of the future interesl on the Series 199--1 Bonds The proceeds of the Series 1997-2 Bonds are being used for the ,out,ese of ~' financing cap~tal ~mprovements. ~ncluding drainage, irrigation and ~nfrastructure: ~ ~:, pay cedar:- costs of issuance and establish reserve accounts for lhe Series 1997-2 Bonds and (iii) Ca'.,, a portion of the future interest on the Ser~es 1997-2 Bonds The refunding ,of the Seres 1994 Bonds reduced the District's aggregate debt service ,oa'/ments by approximate y 3,9.500.000 over the next 20 years and attained an economic gain. which is the difference between the present values of the old and new debt service p-3.;'ments, of approximately .52.700 000 Payment of pr:,~,cipal and ,r',terest on the outstanding bonds is collaterahzed by special :]ssessments. .the Series 1997-1 and !997-2 Bonds are subject to redemption at the option of the District on or after Ma'/ :. 2007 and L,lay I. 2004, respectively, in whole or in part any time or in part on any interest payment date at the redemption price stated below, plus accrued interest. The District ma',, also '~ · ~ s,r,,.., the Trustee to purchase 1997-1 and 1997-2 Bonds at any time ,n_ most advantageous p.'~ce, which may not exceed par. Redemption Per~ods Redemption Premium M, ay 1. 2007 through April 3(.' 2008. May I. 2008 through Aprd ..",la/ 1. 2009 an(; thereafter 102% 101","o 100% The 1997-1 anc i99%2 Bond r ~' ' eou~, ~onsestablish certain restr~cti,./e covenants. The District :omphed ~n all material respe:ts ~,,,.~t~ these covenants for',h.r~ year ended September 30. NOTE E - ECONOMIC DEPENDENCY AND RELATED PARTIES A material port~on of the District's activity is dependent upon the continued involvement of the pnmary developer, the loss cf which could have a materially adverse effect on the District· At September 30. 1998. the developer held the majority of the assessable property located v,,dh~n District boundaries 15 ! ! Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 ! I I I I I I I ! I I I I i I I NOTE F. RISK MANAGEMENT The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions: and natural disasters for which the government carries commercial insurance. NOTE G - ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from the estimates. NOTE H - YEAR 2000 ISSUE The year 2000 issue ~s the result of shortcomings in many electronic data processing systems and other electronic equipment that may adversely affect the government's operations as early as fiscal year 1999. Pelican Marsh Community Development District has completed an inventory of computer systems and other electronic equipment that may be affected by the year 2000 issue and that are necessary to conducting District operations and has identified such system as being f nancial reporting, The District utilizes an external service organization for its financial repoding. For the year ended September 30, 1998, the District has received notification from its vendor that the software they a,'e using is year 2000 compatible. Non ad-valorem assessments and collections for the District are hand;ed by the Collier County Proper-t7 Appraiser and Tax Collector, The county is responsible for remediating this system, and is solely responsible for any costs associated with this project Because of the unprecedented nature of the year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. ,Management cannot assure lhat Pelican Marsh Community Development District is or will be year 2000 ready, that the D~strict's remediation efforts will be successful in whole or in pad, or that parties with whom the District does business will be year 2000 ready NOTE I- BUDGET TO ACTUAL DIFFERENCES Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) except as follows: General Fund: Excess of revenues and other fir, anoal Sources over expenditures (GAAP basis) {~a Sis differences Capilal lease pnyrnems not budgeted as debt serwce expenditures Capital lease payments budgeted as operalmg expendilures Proceeds from capital leases not budgeted as other financing sources Capital outlay for capital leases not budgeted as capital outlay expendilures Excess of revenues over expenditures (non-GAAP budgetary basis) $177.926 (26,869) 26,869 85,940 16 I I Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 1998 I I I I I i I [ i I ! I I ! I NOTE J - EMPLOYEE BENEFIT PLAN The District established a defined contribution pension plan (the "Plan") in Fiscal Year 1996. The Plan, which is available to all District employees upon completion of one year of service, provides that the District will contribute 6% of an employee's annual salary, and the employee has the ability to contribute an additional 4%. Vesting occurs 20% per year after one year of service. Forfeitures are used to reduce the District's contribution. At September 30, 1998, there were 11 participants in the Plan. The total payroll for employees covered by the Plan for the year ended September 30, 1998 was $168,820; the District's total payroll was S284,458 for the same period. The District contributed cash of $9,854 for the Fiscal Year ended September 30. 1998. NOTE K - OPERATING LEASES The District leases equipment under operating leases expiring in various months in 1998, Rental expense under such leases was approximately $43,000 for the year ended September 30. 1998. NOTE L - CHANGE IN ACCOUNTING PRINCIPLE During the year ended September 30, 1998 the District changed its method of recording investments from cost to fair value. The District is required to make this change in order to comply with Government Accounting Standards Board, Statement 31, which became effective this year. The change increased investment earnings in the debt service fund by Si05,371 for the current year. The cumulative effect on prior years was not significant enough to require restatement. 17 ! ! I I ! I I I I I I i ! ! i I I I I REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Pelican Marsh Community Development Distnc: September 30, 1998 I i I I I I I I I I I I ! i I i i I I REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida We have audited the financial statements of Pelican Marsh Community Development District as of and for the year ended September 30, 1998, and have issued our report thereon dated January 22, 1999. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Governme/?! Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Pelican Marsh Community Development District's financial statements are free of material misstatement, we performed tests of its compliance vvJth certain provisions of laws, regulations and contracts, noncompliance wilh which could have a direct and material effect on the determination of financial statement amounts. However, provqding an open,on on compliance with those provisions was not an obiective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Aud/ting Standards. Internal Control Over Financial Re?ort~in_,.q In planning and pedorminfl our audit, we considered Pelican Marsh Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opm,on on the financial statements and riot to provide assurance on the internal control over financial repoding. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reposing that might be material weaknesses. 19 I I & Fr, mk 1 6~! .... I I To the Board of Supervisors Pelican Marsh Community Development District i I I I I I A material weakness is a condition in which the design or operation of one or more of the internal control components does not reouce to a relatively Iow level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of pedorming their assigned functions We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the board of supervisors, management, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties, Fort Pierce, Florida January 22, 1999 11 il II 2O I I I I I I ! I ! I ! I I I I I I I I AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45 FLORIDA STATUTES Pe'~,an Marsh Community Development District September 30, 1998 I I i I I I i i I I I i I ! I I ! I Re_port of Independent Certified Public Accountants To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida We have audited the general purpose financial statements of the Pelican Marsh Community Development District (the District) for the year ended September 30. 1998, and have issued our report thereon dated January 22, 1999. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Add tonally, our audit was conducted in accordance with the provisions of Chapter 10550, Rules of the Auditor General, which govern the conduct of local governmental entity audits ~erformed in the State of Florida and require that certain items be addressed in this letter. In connection ~,vith our audit, v/e have made a study of the District's internal control and adminis!rative control procedures that v,,e considered relevant to the criteria established by the Office of the Auditor Gener3', as set forth in Rules of the Auditor General Chapter 10.550, "Local Governmental Entity Audqs" VVe have issued our Report of Independent Certified Public Accountants on Internal Control and on Compliance with Laws, Regulations and Contracts dated January 22, 1999. DisclosJres in this report, if any, should be considered in conjunction with this management letter. The Rules of the Auditor General ~Section 10.554(1)(01.) require that we comment as lo whether or not irregularities recodeC in the preceding annual financial audit report have been corrected. There were no irregularities d~sclosed in the preceding annual financial report. The Rules of the Auditor General (Section 10.554(1)(02.) require that we comment as to whether or not recommerdations made in the preceding annual financial audit re orr Afl r ..... P have been followed. ecommenda¢ons and c.ner comments from the preceding annual financial audit have been properly addressed. As required by the Rules cf ihe Auditor General (Section 10.554(1)(03.), the scope of our audit included a review of the provisions of Section 2'~8.503(1), Florida Statutes, "Determination of Financial Emergency". In connection with our audit, nothing came to our attention that caused us to believe that Pelican Marsh Community Development District is in a state of financial emergency as a consequence of the conditions described in Section 218.503(1 ), FIorida Statutes. 22 i i I I I I I I i ! I I ! ! I I i i I To the Board of Supervisors Pelican Marsh Community Development District As required by the Rules of the Auditor General (Section 10.554(1)(04.), we determined that the annual financial report for the District for the fiscal year ended September 30, 1998, was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1998. The Rules of the Auditor General (Sections 10.554(1)(06., 7., 8., 9.) require disclosure in the management letter of the following matters if not already addressed in the auditors' report on the internal control and 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 may or may not materially affect the financial statements; improper or inadequate accounting procedures; failures to properly record financial transactions; and other inaccuraces, irregularities shorta es, an defalcations discovered by the auditor. Our audit disclosed the following matte % de disclosed by 'rs requi d to b Rules of Auditor General (Sections 10.5540(06., 7., 8., 9.): Internal control matters and violations of laws, rules and regulations discovered within the scope of the financial and compliance audit which may or may not materially affect the financial statements are addressed in our report on internal control and compliance with laws and regulations, dated January 22, lg99. There were no illegal or improper expenditures discovered within the scope of the financial audit. The District was created November 23, 1993, pursuant to Rule 42P-1.001 of the Florida Administrative Code. rules and regulations of the Land and Water Adjudicatory Commission which conforms with the process contained in Chapter 190 of the Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community-wide infrastructure. This report is intended solely for the use of management and the Auditor General of the State of F,,b~da, and sh?,,,uld not b~ used for any other purpose. Fort Pierce. Florida JanuaO' 22, 1999 23 MEMORANDUM Misc. Correspondence Agenda Agenda Item # TO: Sue Fibon. Admin,strative Assistant Board of Count)`' Commissioners FROM: Derek Johnssen. General Accounting Manager Clerk of the Circuit Ccurt/Finance Department DATE: March 22, 1999 RE: Miscellaneous Cor,"espondence - BCC Agenda Please place the following i~ems o-: the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Corres2ondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florida Statutes Chapters 189 and 190. the Port of Islands Comrnunity Improvement District has submitted the follov,,mg: (a) Than,x you (b) Notice of Meeting held March 19, 1999 Notice of Meeting held Jul),, 16, 1998 C.'mter ,, ".cn ~ t ,,n t ~ n,,. Notice Of Meeting Port of the Islands ('~,mmunity Improvement District The Bo:trd of ,<~l)ervisors of' the Port of the Islands Communit, v Improvement District will hr)Id their regular meeting at ,t:00 P.M., Thursd:t)7, ~Iarch 1S, 1999 in the I(V Recreation Hall, 12425 Union Road, Naples, Florida. '['he meeting is open to the public and will })e conducted in accordance with the t~,rovisions of }:lorida L:~'~'.' fi)r Community Developmen[ Districts. There m',~x' be occ,{~ions when one or more ~upervisors will particip:[te by telephone. At the abc)v(: [,,cati()n there willl)e present a speaker tclephoneso th:(t ~ny intereste~l l)ers{m ('.~:~ ;~ttcnd the meeting at the a};(),,'c I(~c:tti(m an~l })e fully infornae(t of' thc, (tisc't~.-~ir~ns t;~king place either in l)e~'s~n ~' I)v tclel)h~me ~!isn})ility or l)hysical i~;,;~irment shot~l(1 contact the District Oil]ce at ~95.1~ 753- ~,3S0 at least five calend.~:' {l:tvs i)rior to the meeting. E:tch [)ers(;~: '.'.'ho decides to appeal any decision ma(te [)v th(: Board '.'. ~[h respect to any matter considered at n~ccting is ;~ tx'isert that person will need ;t recor~l of the l);'~cce(ling~ ~n(1 that ;~ccor(lingly, the person may need ensure tl~t a verbatim record ()f'the I)r~)cccd~ngs m:~de, inclu,l~n~ thc tcstimrmv and evidence Ul)(m which Gary L. 5Ioycr .Manager NOTICE OF PUBLIC HEARING PORT OF THE ISLANDS COM.MUNITY IMPROVEMENT DISTRICT The Board of Supervisors of' the Port of the Islands Community Improvement Distr/ct will hold a public hearing at 4:00 P.M., Thursday, duly 16, 1998 in the RV Recreation Hall, 12425 Union Road. Naples, Florida for the purpose of hearing comments and objections on the adoption of the budget(s) for the operation and maintenance of District facilities for Fiscal Year 1999. In addition the Board will hear. public comment and objections relative to the levy of a non ad valorem assessment pursuant to Florida Law for the purpose of funding operations and maintenance and principal and interest expenses of the District. The District may also fund various facilities through the collection of certain rates, fees and charges which are identified within the budget(s). A copy of the budget(s) may be obtained at the offices of the District 10300 N. W. 11 Manor, Coral Springs, Florida 33071. The Board will also consider any other business which may properly come before it. The meeting is open to the public and will be conducted in accordance with the provisions of Flor/da Law for Community Development Districts. '~ There may be occasions when one or more Supervisors will ~articipate by telephone. At the above location there will be presenta speaker telephone so that any interested person can attend the meeting at the above location and be Fully informed of the discussions taking place either in person or by telephone communication. Any person requinng special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and e~qdence upon which such appeal is to be based. Gary L. Moyer Manager DATE: PLACE: TlblE: IV. VTT~ VI[I IX. X. COLLIER COUNTY AIRPORT AUTHORITSECE VED AGENDA biarch $. 1999 Marco Ishmd Executive Airport, 2003 Mainsail Drive, Conference Room. Naples. FL l:00pm Any pcrson who decides Ill appeal a decision of lhis Airport Authority will need a record of the proceedings pertaining thereto and will need 1o ensure thnt a verbatim record of the proceedings ia made~ whiel~ rccord will include all lestimonv and evidence upon which lhe appeal is to be based. Call meeting ti, O~dcr and Quorum Check Approva of Agenda Approval o/'Fcbru:try g. 1999 Meeting Minutes /\dminisl,'i,tivt: A Airport Capacity Committee Report 12vcrgladcs Airpm. k Immokalce Regional Airport A. Port uf Entry Status B. I)rag [,acing Facility C. Quality Cuntro! Award Marco island Executive Airpor! A. Taxiwa~ Progress B. Hangar Waiting List P,licy C. 'l'-Hanc:~r Work (~der Old Business Ca,ret Const:nttna Bert7 Ne,.,,' Business Adjournment f. d3,,. MEMBERS I'RESENT: (.:OI.LIER CoLIN'I'¥ AIRPORT AUTIIORITY MINUTES OF FEBRUARY 8, 1999 M~.mte [.a,',tl us Ernest .<q:i~:¢lli ABSENT: Stcphcn I'ricc Michael \Villia,ns Gcnc Schmidt Richard Anderson llcrberl Noren STAFF: John Drur, Thomas Pal:ncr (.tail Hamb:ight Jo-Anne Lcamcr PUBLIC: Luc L:arr!,.'rc R:ml Ortega Ed ',Velsln 1 ~O'd I. .MEETING CALLED TO ORDER AND QUORLIM CHECK Mccting called lo order ar 1:05 p.m. and quorum was present. 11. APPROVAL OF AGENDA 'Ibc following were add. cA ~o thc agenda: IV-(' I:N 3 5ta,. ~-~ce V-B Evcrg. ladcs 5cali)od Festival VI-A I}rag ~acir.< Facilities . VI-B Immt)k~d~:u ~uihling 11 IX-B Fucl Prices Mr. Lazarus moved f.r approval of lhe Agenda with thc above additions. Mr. Nnren ~cconcled the mnHon. Motion passed unanimously. i11. APPI~,OVAL OF MINUTES 3Ir. Schmidt movcd t,, approve the minules of January 11, 1999 meetinK. Mr. N.rcn seco,tied thc m,~ion. Motion pa~.,~ed unanimously. AI)MINISTRA [t¥~E A [::nplw:ee Rcc~.gnititm and Reward Program l)iscussio, ',~a.x held ~egarding five (5) accelelated self-sufficient recommended progr'ams. It ~,,;ts rccommcndcd to approvc conccpt of Accelerated Self-Sufficiency program but tc table specifics till next Authority Board meeting in order to get a better gr;[sI) {m fiscal impact to the budget. 66- ~,0-.~ ~q Cnllim' (_'utmt¥ Ai~,.,rl :\uthorily MtmlTcs I-'ebr~' ~. 1999 l'agu 2 Mr. Lazaru~ moved for approval of rec(}mmcndation. Mr. Noren seconded thc motion, l~lotion passed unanimously. Diseussiun was held regardh~g five (5) Custt)mer Service rcconunended programs. Amending #S to read Employees will attend one (I) customer scrvice-trai,ing seminar per year, and deleling "which is ofli~red by the County." Recommendation: The Committee recommended that the Authority adopt policy as amended. Sir. Lazaru.~ moved for approval of recommendation. ,%rlro Spinelli ~ccondcd the motion. Motion passed unanimously. I3. l langar Co~struction Conlnmt Mr. Drury reported that stall' has negotiated a contracl with Qualily Control Iluilders. Inc. to construct all metal buildings (primarily hangars) for thc Authority ~,~er the next five (.5) years wlfich reflects an 8"./o Io 4% pre-design fee dependent upon complexity o1' the pr,iv, ct. By-fokl doors shall bc autlmrized ;ti the Marco Island Executive Airport. h'nmokidee Aiqmn and kvcrgladcs Airpark doors shall be detennim:d as construction comes up. Rccommend:,tion: To authorize thc Chairm,'m lo execute a construction Managcmcn~ at Risk Co,matt with Quality Control Bui!dcrs, Inc. rcllccling nn 8% fcc of thc allowable construction cost, plus a 2% to 4% pre-design Icc to negotiated ,.,:7 a work order by work order basis dependent unto the level of ct~mpluxit5 ,~1 the job subject to FDOT approval. Mr. Spire. Iii re.red for approval of recommendation subject to FDOT approval. Sir. Lazarus sec,ndcfl thc motion. Motion passed unanimously. C. !!lv 3.Stay l'rce Mrs. Lcamcr up-dated the Airpt)rt Authority on marketing program "Fly 3 Stay Frcc" 'l'hc Airport Authority remarked on what a good job had been EO'd Cvllicr Count) ,.\xrport Authority Minutes I . . I:ebmary 8. ~lg9 Pag. e 3 · '0 ' d V. EVI';I*,G I.A I)i,;S AIRPARK VI. A. ©bslruction Removal ',Ir. DmU up-dated the Authority on the Obstruction Removal Project at Everglades Airpark. Work is scheduled to begin February 15, t999. B. _Fyerglades Seafood l"cstival Mr. Drur?' up-dated the Airport Authority on Ihe Everglades Seafood Festival. A record of 100 airplanes was counted at the Everglades Airpark. IMMOKALEE REGIONAL AIRPORT A. Drag Racing Facilities Mr. Drury reported that runway 422 has been closed down. A proposal has been received to set up a drag-racing .slrip an this piece of pavement. Discussion ,,vas held regarding different issues and requirements relating to thls issue Recommendation: To authorize stall' to develop an agreement and present it at the next Board mccting. Mr. Spinelli mm,'cd for approval of recommendation. Mr. L~tzarus seconded the motion. Motion pasxed unanimously. B. lmmokalcc Airport Building~ll Mr. I)rury up-dated the Airport Authority on thc progress of the hnmokalee ,,\~rport ltuildmg 11. VII. M AI~,CO.ISLAN' ' l) EXECUTIVE AIRPORT A. MSF Avia!.ion Fiigh_l School Mr. Drury rcpvrted that MSF Aviation. [nc. a Manchester England based flight training schm~l ha~q requested approval to conduct a flight training operations from the Marco lsl,'md Executive Airport, They would primarily offer European's flight training packages from Marco Island Executive Airpurt. Mr Welsh sp<~ke on hehalfofMgF Aviation Flight School. ~. 0 ' d (.'oilier County Airport Amhority Minutes February 8, ~990 Page 4 Recomm ion: Authorize staff to negotiate an agreement with MSI" ..\,,'iatim~, '~n~-~' to establish an international flight training operation from thc cad t~f the ~v~sed new t-h=g~. r. Lazarus moved for approval of recommendati.n. Mr. Spinelli seconded th~ muti.n. Motioa pa~ed unanimously. Titxiway Pr(,leCt Nh'. Dta~atcd thc Ai~',rt Authority on the Taxiway prtzject. B-I 7 and~'~2~4 Static Display Mr Drury rep~med that the Coilings Foundation B-17 and B-24 static display i, schcduledht the Marco Island Executive Ai~ort fi~r February 24-26. Marc{) Island Film Festival repo~xed that thc a~mual black tie f~nd-raiser is scheduled at thc Marc. [slandExecutive Aicpa for March 21, 1999. E. Marco llelicopter Tours Mr, Drury reported Ihat Marco lleli-Tours is requesting a v~'o (2) Year lease :xTens]on an~ reqt]es! for approval to rent airplanes to the public, conduct banner towing operations, and conduct helicopter llight training opel'ation.~. Discussion ,.,,'as held. Recommendation: Authorize' the Chairman to execute a two (2) year extension to their one (1) year lease inclusive of all ,lpplicable co)nmercial operational fees, reserving flight training Ibr Certified Flight Inslructc)r. .~lr. Lazarus moved for approval of recommendation. Mr. Spinclli seconded the motion. Motion passed unanimously. VIII. OI.DBUS[NESS A. Nt~rth ,&mexican Top-Gun Mr. l)rury reported that North American Top (.tun will be offering World \Var Il aerial c~m~bat experiences to the public I'r{~m Marco lsland Executive Airport February 17-22. Collier County Airport Authority Minutes February 8. 1999 Page 5 IX. 1½. ~,larco (.10mmu~¢r Service Mr. l)rury and Mr. Lazartts t,p-dated the Airport Authority on thc progress regarding Marco commuter seD'ice. C. Civil .Air l'a:rol ?,ir. Lazaru.s rci'xmed the Civil Air Patrol will remove lhcir trailer ht~pefully within thc allotted time. Il'it appears more lime is needed ~l~e Authority will be notified. Mr. l,aTnrus requested an amcndmt:nt m the Civil Air Patrol agreement with the Airport Authohty. Approval to mncnd their .',greement to remove thc surcharge for ' the lenan! and to include their m'iglnal agreement o1'6 ceres per square loot, limiled to 30 days o f having hangar available Io other aircraft. Mr. Spinelli moved for approval of above amendment to agreement. Mr. Notch seconded the motion. M.tiun passed unanimously. NEW BUSIN'ESS A. ,_~?po rt Mr. Drury up-dated the Airport Authorily on the progress of the Airport Capacity Com~niitcc. B. F~,~I Pr/cex Mr !.avama reported that hc had received ct>mplainLs on fuel prices at Marco lshmd Exccttti,.e Airport. Mr. l')rury stmcd thal fucl prices are ct,nstant with the Business Plan and tenants get discnunts. Even though fi.~¢l prices are high, prices ttre ctm~par~ble to tile unique area of Marco .',s a final destination. 'v'olum¢ discounts nrc also o ffcrcdl AD.lO[ IRN.MENT Meeting adjnurned at .3:00 , e'i~s, -~7~Z,a~zr~ 3, /pr)r) ,'~AP, !~ 1999 oresented seconded by Mike Bruet and carried unanimously. TRANSPORATION ADMINISTRATION REPORT B There was some discussion regarding Mr. Lennane's lack of attendance at. the meetings v,,hich is violation of the ordinance. Mike Bruit moved to notify the Board of County Commissions to remove J~m Lennane from the advisory committee: seconded by Tom Briscoe and carned unanimously Sue Fflson will be requested to post the opening. C Russ Muller met with the Purchasing Department and spoke w~th the other secretanai service bidder, Manpower, Inc. He ,,,,qll be meeting v,qth Manpower again tomorrow to make sure they understand the scope of services. Russ advised that Purchasing ,,,could make the decision unless a recommendatign from ,he corn,, ~.,tee is made. After further discussion, Mike Bruit made a motion authorizing the continuance of secretarial services by PS - Professional Secretarial and Bookkeeping Services; seconded by Tom Briscoe and carried unanimcusiy ~ Meeting called to order Roll Call ~ Approval of Minutes~Meeting of February 3, 1999 Landscape Architect's Report Transportation Services Report Planning Department Report Committee Members' Reports Old Business Ne,,,/Bus ness Adiournment Next Meeting - 4-!4~l~.P.m., April 7''h, East Naples Community Park 1. Chairman Bill Neal'called the meeting to order at 4:22 p.m. at the East Naples Community Park: 2. Attendance: Bill Neal, Thomas Briscoe, Donna Fiala, and Michael Bruet, members; Sheila Convery. Russ Muller and Dan DeCesare, Collier County Transportation Se,vices: George Bother and Darcy Thorp, Bother Landscape Design; Jacqueline Silano. recording secretary. Absent: James Lennane, member. Guests: Bud Bernton and Gall North. 3. Minutes of the January 6th meeting: Donna Fiala moved to accept the minutes as presented; seconded by Mike Bruet and carried unanimously. 4. NEW BUSINESS A. Russ aCvised that the committee needs to discuss Mr. Botner's proposal and decide when his work should begin, whether to wait until the redevelopment ~ consultant makes his recommendations or to begin no,,',, by looking into the irrigation and existing utilities. Mr. Bother will need to submit a Scope of Services : for presentation to the Board of County Commissioners. '~ ~ B. Russ introduced Dan DeCesare whowiil be replacing him as the county liaison at these meetings· C. Stan Litsinger adviSed that the second public meeting would be held at 7:00 p.m. on February 18~'~ at the East Naples Community Park. Over 5000 flyers have been mailed. At tl~at meeting there will be a review of the first meeting and a discussion of the continuing interest of the numbers of citizens in the Avalon area and t~'~eir possible inclusion to the MSTU. Mrs. Barnett is gathering signatures on Stan will a pe,~,~on and this item wilt be included on an upcoming BCC agenda. continue to follow up. A third public meeting will be held in another two months. LANDSCAPE ARCHITECT'S REPORT A. Mr. Bother said he ,was looking for~,','ard to working with the committee members. He ~r-,¢',cated that t~e first step wculd be to cbtain a good set of base maps that able to a a..cu, ¢.~ly depict the currer',t cor~,ditions. He would then be develop Sccpe of Services. B. There ',,,cas a discussion regarding the corners at Route 41 and Bayshore Drive. Stan suggested that the shopping center be included with Avalon under the proposed new ordinance. There was a discussion regarding a $150,000 FDOT grant that must be matched with county funds. The MSTU wou~d need to contribute only one-quarter of this amount since the other three corners are outside the taxing unit. TRANSPORATION ADMINISTRATION REPORT A Russ advised that since the MSTU generates $500,000 a year in revenue, a loan for Sl.000.000 could be granted since it would be able to be repaid within the two year time ,oeriod allowable. Stan suggested that when preparing the upcoming budget for the MSTU to include the total cost of the project including the intersection improvements and show as revenues the grant and the BCC contribution from Fund 102 since the benefit the entire redevelopment area. There was some discussion regarding Mr. Lennane's lack of attendance at the meetings which is violation of the ordinance. Mike Bruit moved to notify the Board of County Commissions to remove Jim Lennane from the advisory committee: seconded by Tcm Briscoe and carried unanimously. Sue Filson will be requested to post the opening. Russ Muller met with the Purchasing Department and spoke with the other secretanai service b:dder. Manpower. Inc. He will be meeting with Manpower aoain tomorrow to make sure they understand the scope of services. Russ a~vised that Purchasing would make the decision unless a recommendation from the committee is made. After further.discussion, Mike Bruit made a motion authonz~sg the continuance of secretarial services by PS - Professional Secretar'al and BookKeeping Services: seconded by Tom Briscoe and carried unanimously. COMMITTEE MEMBERS REPORTS A. Several of the members have received a letter from Bruce Rankin of Wilson Miller in which they' fe't ~naccurate assumptions, specifically landscape problems on certain portions .::: A~rport Pulling Road, ',,,,ere made during the selection process They state': they were responsible for ,h~ "award-winning southern portion of the roadv.,ay not the problematic north portion designed by others." Tom Br~scoe statec :hat he ,,'.,as referring to the southern portion, which has had · ~ = .,~ationsystem. Donna Fiala stated she also was referring to ihe southern portion as pictured in their brochure. Tom Briscoe stated the real need cf having five people in attendance at these meetings for the purposes of breakina a tie vote .After further discussion, Mr. Bruit will respond to their letter on behalf of the cc,mmittee to thank Wilson Miller for their letter, apologize for any m~sunde-stand~ng ~:t the selection to choose Bother Land Design was made in cood ',:~::~ based c,-' :ne information presented at the January meeting. As t~ere ,.,;as cc further bus:ness to discuss, the meeting ,,,/as adjourned at 5:37. The ", " ,,e:,.~ meet~'-',g ,,,,,itl be ':--::.~d at 4 15 pm on March 3, 1999 at the East Naples Community Par~ RECEIVED NATURAL RESOURCES FLANAGEi~Z~NT 941. 434,4655; Suncom 97'4~. '~5~/~PAX No. Tel .~,. 941~'434 4620; email naplesn gna le e c The 5each meeting DATE: TIME: PLACE: 2. 3. 4. NOTICE OF PUBLIC MEETING Renaurishme.~.~/Maintenance Co~mittee announces a public to which al! ~n5erested persons are invited. Th',:rsday 04 March 1999 9:61' A.H. Czlv Counc~ Chambers, 735 Eighth Street South, Naoles, Florida 241'12 ;~'r ts ~ AGEI~TDA Const ant ~ ne 'f~ Mac 'Kle Roll CaLl. Berr~ ~/ Items tc be addei. Consideretion of approval of the minutes of the 07 January and 04 February 1999 cor~mittee meetings, if available. Project usdates: · I~e---=~] ~h management contract status; · Rock removal .~roject. 5. Report cn the i9 January meeting with staff of the Bureau of Reaches and Coastal Systems. 6. Discussion of the Regional Beach Management Convocation m~et~ -~ 22 ........ y a .... ...... g ~ v~-'~r' nd r~ dra~. Memorandum of 7. Discussion e~ sk~ategy for promotlno continuation of the iouris% .~x ~ .... : cent for h~ach and inlet ........ 8. Open puklic 9. Adjourn . SE,"'~ :; :'U..LR ~:' iHi2 " '.U~iTT~iE Xli- :. 3~EiT T9 ;.2:'f MJ-TTE~ CC::JiSE~ES AT T}{lY ~"EEi;:;,3 WiLL NEED A FETO~D OF THE E'.'Zi?:iE 1'[1:: ~... iH :,FT=iAL il i ~-.,,~ . A:;:' T.~:'%H WiTH A ~iS~:LiT'f PT?~'iPi?;% AUXii, iAgY AIDS AND Copies 1'o: RECEIVED NATURAL RESOURCES MANAGEMENT Tel. 941. 434. 4655; Suncom 97 941 434 4620; email naplesnrm~naple$~e.~.c, om · ' NOTICE OF PUBLIC M]EETING The =_each Renz, urishment/Maintenance Committee announces a public meeting to which all ~nterested persons .are invited. DATE: 7'n_"rsda 1' 0,~ Xarc;-. ..... ~ a~ PLACE: Cilv C ...... Chambers, Eis. rida 24' 2 735 =~ ~ ~ AGENDA Roll Call. items ti be adde i. Consideration of ~pproval of the minutes of and 04 February 1999 committee meetings, if Project u~dates: · incremental h~ach management contract status; · Rock removal nroject. Report cn the ii' lanuary m~,sting with staff of the Beaches and Ccas%~t Systems. Street South, Naples, ? Cart¢~ .... Constantine Berr$ ,, the 07 January available. Bureau of Piscusslrn of th,> Regional Beach Management Convocation m=~tinc cf 2~ --~k-rt:~v and .-h,= dra=t b~emorandum of ac~eemen t. Discussion o~ ~-:~tegy.. for .......... ~. ~__,..c ~cntlr, uc~ticr._ cf the -'ourist -;.v ~' ' ,-'~' ;or P.,~c~z:h ay.! :.rile~ mf~na':ement. Adjourn E'.'rrP: -:' :'r:,: WuiC~ 7 r /.FFKAL :3 T :-: H?,;~,,~, ;CN' P£~.?iN W:T~ A 21.7'~.~:LiTY ?"-:Ui?i:~G AT"iiL!AFY Airs AND Misc. Cortes: Page 1 t i ' ' Copies 1o: For addition~-:i inf,or:-.ntion, please 465: . 16Gl contact Jon Staiger at Jo?.~. Staig<,r, Ph.D.,~atural Resources Manager J~S w~.fia:a\Beash qtr'.-..ittee\Aqenda 04 III 99.do¢ ,I 34 - kGENDA ")LL!ER ':OL,'NTY ?L,-\NNi~,'(~ CO,MMIS£tON WILL MEET .VF ~:On A,NI,, 'FHURSDAh', ~" ................ -,,,o,,,~,,~xo .~ET~G ROOM, ",DM~'ISTRATiON BL:ILDIX~' COUNTY GOX"EP~[MENT ~ -- ' ' ~NTER. 5301 T:~MI~MI T~L AST. x: xpt =c .,:=. =~o. FLORIDA: ~ ;NDI\"?.D['.'d., SPEAKERS W!t.I, BE LI,MITEU TO :? MINU'TS,:S ON AND' ITEM. [N"DivIDUALS SELECTED TO SPEAK ON BEItALF OF AN ORGANIZATION '~R GROUP ARE ENCOL','SL.\GED A.":D MA'f BE Al_LOTTED I0 MtNI_-FE, S TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CtL.\IR,\i..\N. PERSONS WISIqlNG ro HAVE WRITTEN OR GRA. PHIC MATERI.-\LS i'NCLUDED IN THE CCPC .-\GENDA PACKETS MUST SUBMIT SAID MATERIAL :\ MINEMUM OF .3 W'EEKS PRIOR TO THE RE, SPECTKT PUBLIC HEARIlx.!G. FN ..sd,,W', CASE, WRITTEN M.ATER.~ALS INTENDED TO BE CONg:DF. RED BY TI',LE CC?C SttALL BE SUBMITTED TO T!IE .aPPROPRIATE COUNTY STAFF A MINIMUM OF SE'vTN DAYS PRIOR TO THE PUBLIC HEARLNG..~.,L MATERIAL USED EN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANT. NT P..MRT OF THE RECORD tM'qD WILL BE AVAILABLE FOR PRESENTATION Tq THE BOARD OF COLFNTY COMMISSIONERS IF ,-M~PLICAB LE. .aMY PERSON ~,~T,O DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A ,ad'CORD OF THE PROCEEDINGS PERTAINING THERETO..~N'D H[EREFORE MAY N-EED TO ENSURE TFL,\T A VERBATIM RECORD OF ~IE PROCEEDINGS IS MADE. WHICH RECORD FNCLUDES DIE TESTIMONS' :MN'D EVIDENCE UPON \VHICtt T'HE APPEAL IS TO BE BASED. RC)LL CALL BY CLERK .ADDENDA TO THE :\GE:CDA APPROVtM., OF MINUTES. J~uarv 7. 1999 PLAXNLNG COMMISSION ,-\BSENCES: BCC REPORT C H A IRaM,,MN'S REPORT .AD',,'E RTIS ED PUB L IC N'E,.',.:LINGS: Petition No. PLqD-98-1.~. Dwight Nadeau of McAnly Engineering & Design, Inc., representing SecUon Th/try Corporation LI_.C. requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known aa Livingston Lakes for a maximum of 327 multi-farmlv dwelling unim located on · e proposed Livmeston Road be~'een Vanderbilt Beach Road and Immokalee Road fC.R. 846) in Section G. ,.~c.amt ...... . Ccntmuetl from ;ne ,"nee:In~ ol January 21. 1999% Pennon >.'o. B[)-t;S---:2. Ben Nelson. Jr.. ot Nelson Manne Construct,on. Inc.. represennng Peter Pagliuca. ':auestm< ~ t3 font "oat dock extensmn to allow for a 33 foot boat dock tbr property, located at 201 San ',lnte,~ D":.'.". :u.qh".: :escr:b~ed a~. La: 34. Souh%¢o~ on ulc Bay Unit One. ;n Secnon rt. l'oxtmsh~p 48 3outh. R~,nge 25 E~t. ,Comdmamr: Ross Gochenaurl Petition .Xc~. 'C.Q%2.1 Margaret Pew,'..\lC?. of ',Vilson. Nhller. Barton ec Peek. [nc.. re?resenting Girardm. Baldwin anc~ .-\ssoc~a:es. L.L.P.. requestm,2 a !5 foot variance :'rom t,qe reqmred 15 foot rear '.'ard setback to c) feet ."er 7rope~' !teated at 5!'.'~ C~!"~ Drw,:.. ',',,xher described as Lo~s 2 and 3. Bic:':k C. Sorr~to. Gardens Umt l. tn Sec,non tS. TownsMp ,19 South, Range 25 East. ICoordinator: Chahram Badamtchianl Pent`on No. V-g8-£.'. Todd Nicausann. Nicausann Buildin,2 Corporanon. representing Curt a. Sahlsten. requesnng a 5 foot front yard variance from the requ:red 20 feet to 25 feet for property located at 273 Johnny Cake Dave. further described as Lot 6. Johnny Cake Cove Subdivision. Lot 6. Johnnycake Subdivision. Plat Book 28. Plat book 25. Pages i and 2, ax sho~,,,n m the Public Records, Collier County., Flor/da. (Coordinator: Fred Re~schll Pennon No. R-9~,-s John P...\sk::. P.E.. af C,:az~al E.n_,jmee,'-mg consultants. Inc.. represenung Gertrude M. ..\bole. rec~uesnn,2 a :crone from."E" Estates to "C--I" Commercial for property, located on the southwest corner ,~f tine mtersecuon of Dav~s Boulevard and Santa Bar'om Boulevard Extensmn, tn Sect`on 8. To~,msh~p 50 South. Range 25 East. Collier Count5.', Florida, conststmg of 19.684- acres. {Coordinator: Susan 2,d urray) Pennon No. R-98-~; Wa'me Arnold. AICP. of Wilson. Miller. Barton & Peek. Inc., represent`ng Koru'ad Mayerhofer. requesung a rezone from "RSF-3" to "C-4" for prosx:rty located on the east side of S.R. 951 approxirrmtely g00 feet south of U.S. 41 (S.R. 90), in Secnon 3, Township 51 South, Range 26 East. Collier County., Honda. con~snng of 6.06+ acres. (Coordinator: Susan Murray) Pention No. CU-98-25. Beau Keene. P.E.. of Keene Engmeermg, re-presenting Darryl J. Darm:o. Bradley Darmco. and Jolly ]':-.~ckm,2, [nc., request,ag conditional Use "1" of the "A" zoning district for earttunining per Secnnn 2.2.2.3 :'or property, located on the south side of Angola Road approxtmately 1/3 mile east of Sanctuary Road and 5 S rrule north of Immokalee Road m Secnon 23. Township 47 South, Ran,2e 27 East. Collier County., Florn~. conststmg of 9.86__. acres. I Coordinator. C'hahram Badamtchian~ Pet`non No CU-O'~.~'r:. Beau Keene. P E.. of Keene En,2meenn,2, representing Joseph and Conrac Sm]th. requesung Condmonai Use "l" of the "..V' zoning dismct for earthrmmng per Secnon 2.2.2.3 for property located 300 feet ea~ of Lilac Road approximately 3/8 mile north of Irnmokalee Road in Secnon 24. Township .17 South. ?,ange 27 East. Collier County.. Honda, consmmg of ,1.84- acres, lCoordinator: C~nah~am Badamtch~an i Adopuon Public }!canng of the 1998 Growth Management Plan Amendm:nts [Coordinator: Michele Mosca) S. OLD BUSFNESS NEW BUSINESS PUBLIC COMMENT iTEM DISCUSSION OF ADDENDA l 2. ADJOURN .'.'.~/9,:1 CCPC AGENDA/md 2 '--7-3C;SCRiPl OF /HE :,IEETi:;G 'F '--HE . · ~s~laa, Februar-/ 4. i- ~-~- =EMEMBERED, that the .~ol~ier Count-:. ?!.l:~n%:.:3 ~2r.r'.sslC~ i~ 3.-~ =O~' '~ Cs~t',' ~ ~' na';i~ :ccr.~cted herein, me~ ~n 5his date au ~:30 a.m. in REGUL~ SESSION "=,, cf the Governmenu Complex, Eas5 Naples, Florida, with ii-_S'WI~C --~rc nresent: CHAi RMA34: Michael j. Brue~ Russell A. Budd Michael A. Davis Edward j. Gates, Jr. Russell A. Priddy Michael Pedcne Terri Tragesser Karen Urbanik Gary Wrage ALSO PRESENT: Ron Nino, Current Planning Manager Mar~crie M Student Ass' ~ ~ ~ · , ~s~an~ County Attorney :i~iRMAN 5EUET: ~{e'i2 ssart in ~ust a moment. i-cod mornlns. ''~i like -c call to order the February 4th, '99? ~.eett::~ sf the islller 'aunt" l-'ann-.na Commission ~ ~d_~ '''' a.-:e ' ~ call. ~3mmissioner Prldiv7 ~}{AiRM~ BRUEI: 12mmisslcner Urbanik? -3MMISS-O}~ER UR8D2~ i K: Here. iHAiP~ BRUET: ismmissioner 2avis? 10MMISSIONER DAVIS. Here. iHAIRM~ BRUET: Commissioner Eudd? ' '"~MIKSIONER BUDD~~ Here. '-EAiR}~D~ nRUEI': Csmmissisno~ =~u~t, present. -smmiss~ener Pedcne? COMMiSS i~,~ iHAIRt~.: 2RUE'2: Tsmmissicner iaues7 ~z ~o: Here. iHAiR~ BRUET: Commissioner iCMMISSIONER W~GE: Here. iHAiRMAN BRUET: Commissioner Tragesser? ZCMMIS" lONER T~IGESSER: Here. iHAiR~N 8RUEI': Good morning, i'd like to remind everyone that -ho.se wishing ts speak,~speaking for yourself, you'i1 be limited to ve minutes, if you're speaking for a group or organization and .epresenting other interests, we'll allow up to 10 minutes. But seezng we have,a pretty good amount of participation today, we're 'joint to try to hold stea.v to that requirement. ~s there any addenda to ~h_ agenda? Apparently not. ;{R. NINO: ~'~o, there isn ' t. ~HAiR~; BRUET: Approval cf minutes? 12MMISSIONER OATES: i would sc move. COMMISSIONER BUDD: Second. iHAIRM~; BRUET: Approval .of ~ninules by Commissioner Oates seconded by Ccmmissicner Budd. A!I in ~avor? Opposed? C~IR~ BRUET: Motion carries. Planning Commission absences? Seeing none, BCC report? MR. NINO: Nothing t report except that all the petitions that went to the Board, i thinx, were resolved in a manner consistent with your recommendat zsn. COMMISSIONER DAVIS: Mr. Chairman, if I could ask Mr. Nino, do you know when the consultant's report is going to be ready for us on the density reduction issue? I heard that you all were going to be receiving that this week? >!R. '~iNO: i :ze~rC %nero was >IS. STUDENT: Xr. -- >!r. Za','~s, relieve _cn~-:'~n~e uiannzn~ n~s teeq '..:orkin9 '..,':.~' ~ur ?cnsu/tan~3 cn -haz. .in~ ;~n'~ see ~naz Hr. N{--c woull '.:ns'.,'. iCMMI£SiONER P?.iiS'£: The rumor . heard '.{as ''ne resort ',,'as iue is staff 'oday. Co'~MI¢Cln."~R '2L':19' well, 'we're lust -- -''i. remind ' su, we'"=_ lsokin? forward ts recelvln? a cop}'. MR. NiNO: ' '..;:ii Advise Mr. Mulhere. iF~i.RMAJ~ ..RU~. = =~: ihairman's report. I have tried 'ouch with commissioner -- City Council Representati';e Csmmissioner Rideoutte. We've traded phone calls twice, but ' 'I1 scntinue to follow up, try to set up a joint meetinu. With that aside, we'll move into the public hearings, initially P__i.i.., No. Pt~ 99 '9 ibis being a :uti': nearinc, ~ll those wishinu -- ~peak ~ thls issue need to stand, raise }'our right hand and repeat after the cour~ reporter. ~Speakers 'sere ,iu" swc . CHAIP, MAN BRUET: Thank ':'ou. :qr. Badamtchtan? MR. BAD~qTC}{IAN: Good morning, Commiss~.on(.~rs , Chahram Badamtchian ~ ' ~,om Plann~nc Services Staff. You may recall, this 'was -- item was scheduled for the last public hearing; however, it hadn't gone through the EAB hearing and we continued the item. This 'was heard yesterday by' the EAB. Mr. Dwi. chi Nadeau, representing Section Thirty Corporation, is requesEing a rezone from agriculture to PUD for a property located the east side of proposed Livingston Road, approximately 700 fee~ south of immokalee Road, in Section 30. The}' are proposing seven units per acre, for a tctai of 327 residential ~]nits on 46.73 acres. This property is located within a density ba;~d cf an existing activity center. They qualify for seven units per acre. Furthermore, they are surrounded by Baldwin PUD, which has 8.92 units per acre, April Circle, with 12.84 units, and they are surrounded also by Stiles commercial development -- commercial PUD, and Donovan's commercial. And on the west side, they are adjacent to the Pelican Marsh PUD. The density for Pelican Marsh is 2.1 units per acre; however, in this area they are building an apartment complex with 17.48 units per acre. Sta~= rec.~m~nds approval of this PUD. Yesterday at the EAB meeting, this item was heard. It was denied because they needed a super majority. They were five members and they needed four votes. And three members 'voted in favor of it and two against it. ~td their concern was that there are too many ......... ]s,~,~ /a:~c~: ..,.:-:~ ~' ", ......... emenL,] _l ' ",~ hand Ze','c. icpmenL ]HAiRM;~; ~RUE~ >~r. ~ua~L .... ~n even '...'~zn ':xts ~.ex' ~ ~'.' ZA~. i Lhizk '...,~ u .... ~ 13 '-,"~nu :ut'. Lha~ have -:-~ "~"' ....... :- ~ "hey - ........ -suer steps now. ~s '~Eosed ..... .<nere bhey were two weeks aao. :s. And EAB denial 's ncc ienlai -f the ~D -~'~" did not like -:.e EiS ~hat was submitted tc ~hem. And staff believes that we can -ake care cf 'hose ~rcOier, s '.~tk tko stimulations %ka~ '-hey have place. ' - ..... we -;an discuss "his ~ 2H~IR~ BRUEi: 's ihere any 3[her ~uesclens of scarf? 20MMISSiONER 2AVIS: Mr. Badam[chian, if i heard you right, from }. "smpacibility issue, lhe',"re surrounded by either commercial or '.'er',' high densi~',' residential? :.IR. 5;~{lOHl/C~: ~}scl'ately. ,-here are two agr~cul~uraliy zone~ sarcols ~o -t,~ no~h and to he sour~ :s erooosins ~o bu;'d ~ regicnai 7a:'k, and Chat~ ':~ '..,'ha~ 'r', ~-:c:nc ~e be ~ ..... s ie';elcpmenh. As ':'ou san see, ~here are socce:; !ieids and baseball :{eids. COMMiSS!ONE= DA','- S: ~' '-~, ' - ,- .',,~t',' ..,aR~S . ......... ~O,,~. i'P~GESSER: 2~ '.'zu nave an ex'Tra ropy? didn't r:~ sue of 'what '.'ou handed :us :n 20MMiSS~O~,r~R PRISSY: nave '.'our copy. ' thtn]<, necause %hev iOMMISSIONER iP~GESSER: Thank you. CO~ISSIONER PRIDDY: When you say the count'., is planning suild a regional park do ','ou have an idea of how a_g= ,hat -- we ~aiking i00 acres, 300 ac~es? MR. B~TCHI~: i believe it's 170 acres, is supposed to be. Can i leave this in here, so -- and -- CH~IPJ~N BRUET: Are ~he,_ any other quest4ons of staff? CO~ISSIONER T~GESSER: ! had one, Mr. Chairman. When we talk about giving density band credits in association wi~h an activity center -- MR. B~TCHI~: Yes. .... ,MI=biONER TRAGESSER: -- are there crlheria related Lo as far as how the nroject would :nheract with that activity center use? MR. B~TCHIAN: No. The only thing is they have to have -n,erconnechion with surrounding properties, if possible. ;~d they ~re showlnc interssnnectisn with 2cnovan Pb~ with a resldent'a' sf Donouan PUD. And 'here's a small arrow showing -he interconnect~- _on. MR. NINO: ihere's also a -- Ron Nino for the record. There's also a criterion that, nonetheless, the denslty must De considered compatible~ With the densities of property around it. COMMISSIONER TRAGESSER: Thank 'you. CP~i~iAN BRUET: Thank you. Any further questions? TOMMISSIONER DAVIS: 7hat's just the 'ssue, zoo, necause averaged the residential around them as '2.2, and ..... .,e./ ~ asking seven. CF~IRMAN BRUET: locd If no further questions, i guess if 'we could klear =rom the petitioner, please. MR. ~;DERSON: ~scd ~crn~nc, Mr. lha~.rman, mem~e~o_ - ~f the ~=ann:ng ~mm_=s:un. name $ 5r'~ce Ancerscn, :n kena!f ct the pezizloner. Thank ':'ou =ct flcurlng cut wna~ the average density That's a real comDeillng point about this petition is that although 'his .~rcjec5 is requesting the se';en 'units per acre that is a!!cwed under the comDrehensiue plan, even at seven units per acre, it is substantially less than everything that is zoned around it. And when I say zoned around it, I'm excluding ag. zoned parcels, which are really a holding pattern in the urban area. And one of the reasons that the comprehensive plan does encourate higher densities around the activity centers is to provide the proper transition between intense commercial uses and residential uses that are farther away. I'd also note that this is not just 'four regular run-o~i-the-mil! acti';i~''=~ center, it's an interchange activity center, which also allows more intensi';e uses. i would point ot;t that this project is what i call a no-see-'em project, which may be the wave of the future. And I call it a no- see-'em '?roject because it features a lake and a preserve -lrea along the project s =ron~as~ on Liuingston Road. And the residential structures are going to De set back a minimum of 600 feet from the Livingston Road right-cf.-wa},. The very appealing resul~ that all }'ou're going -o be able to see from Livingston Road. as you drive are the lakes the pres ..... area and perhaps a uuardhouse. And I'd also note that approximately 20 percent o~ the property is being set aside as a preserve area. i'll be happy -- also, I'd like to note for the record that we have reviewed the stipulations fr,,,~ tile EAB and we are [,t complete agreement with each and every one. CHAI~4AN BRUET: Good. That's good news. MR. ANDERSON: I'll be happy to answer any questions you might have. -~MMiSSi~ .... 2AVIS: .... ?~nderson, 'm afraid m going to use · :'GU here for something that tomes later, but you made a statement ~'ou're an a%t~rnev, so '-'~_ :Kay.. You made a stat~-. -hat i ~ust · .~an=ed zo, i guess, reinforce. ?he idea of activity centers is just 5ha~, isn't it, %ha[ ':~ou";e got your %he center? And as my Dhiicsopn.?, and -hink the way 5 105 ~ us kava understood -- =ct ':'ears, ~s 5ha5 as 'you move cut ...... %he activity censer, '^'e '!he 'o see less intansive units like a density- like you're talking about ur a ~u!ti-=ami!v as we go cuu 5o the urcDersies. Fair $~a~emens? MR ANDERSON: 'Z~s si~ -~ is mv understand~ ....... ~..c ~ha~ -nat ~s a fundamental D~inciui~ cf land use planning '"MMISSIONER DAVi£: Thank '.'cu. ~= l.~ move tc %he Fub~ >!R. NiNO: i /cz' ~ ha';e ~nv ~'~'~s~ered sDeai<ers CF~iP~MA~$ BRUET: £eeinc none, l'il close the public hearinG. COMMISSIONER OATES: Mr. Chairman, ! move we go forward with PUD-98-!8 to the Board of County Commissioners with a recommendation of approval. COMMISSIONER URBANIK: Second. CHAIPJ4AN BRUET: There is a motion ~o approve by Commissioner Oates, seconded by Commissioner Urbanik. All in favor? Opposed? (No response.i CF~IRSt~Z; BRUET: Moticn carries. MR. ANDERSON: Thank you uery much. CHAIPZ4AN BRUET: Moving on to Petision No. BD-98.-42. This being blic hearing, al! 5hose wishing %c speak to this issue, please - ..... d, raise 'your right hand and repeat after the court reporter. (Speakers were duly sworn.) CHAirmAN BRUET: Thank Ross? MR. GOCHENAUR: Good morning, Yommissioners. For uhe record, Ross Gochenaur, Planning Services. The petitioner is requesting 13-foot extension for a docking facility, which would protrude a total of 33 feet into the waterway. The property is located at 201 San Mateo Drive in Lely Barefoot Beach and the waterway's about 520 feet wide. The extension is requested due to the shallow bottom which would prevent installation of the lift. No objections to ~his project have been received. Staff recommends approval. CHAIRMAN BRUET: Any questions of staff? If not, does the petitioner care to address the Board? .~ not. i'll :lose the zublic hearinc. iCMMi£S-CNER ;';.R7, 2-E. .._. ";~ ihasrman, make iOMMISSiONE?. PEZS:iE: ~eccnd. iHAiR~i ~RUEi: .-here is a mo~i~ ' ~ net - ~n 2'¢ -~mm~sslc ;-;race seconded by 7cmmiss .... r Ail in ...... Opposed? Nc response. 'iHAIR~; BRUET: Mot; arrles. Movin~ %3 Pet~- -- ~8-24 ~"~ = ~ hearinc a~ ~ 'k~se w!shi7, c '~ speak 50 ~'~ s This being a ~ ...... ~ ....... issue, please stand, false ':'cur right hand and repea~ after the court reporter. MR. NINO: Excuse me, - need to qe~ Mr. Badamtchian back '.-.ere. ,Speakers were duiv sworn.¢ Cb~IRMAN BRUET: Thank you. MR. BAD~4TCHIAS~: Good morning, Commissioners. Mr. Uhahram Badamtchian from Planning Services Staff. Ms. Margare[ Perry, representing Girardin, Baldwin and Associates, is requesting a 15-foot variance from the required rear yard from 15-foot to zero for three carports. The property ~s located on Caste!lo Drive, and there's an existing accounting f~rm in this building. They are requesting ~his ';ariance to build ~nree carports in the rear of the property tn an existing alley. There are already some existing carports which reduce setbacks. And there is room ~n fron~ 3f this building to build carports and comply with all %he setback requirements; however, across the street there's a residential development, and ~hat's why ~hey are proposing this variance, to build in the back where it's going to be surrounded by commercial developments. Staff has received letters of no objection from all the propertV owners surrounding this property. They were all in support of this variance. However, there is no ].and-related hardship; therefore, staff's recommendation is for denial. CHAIRMA24 BRUET: it seems the location they have selected, if indeed we're going to approve this, is the best location for the structures -- MR. BADAMTCHIAN: Correct. Ci-LAI~.~'~ BRUET: -. as cDpcsed ~o being within the code and - making them visible to the residential -- MR. BADAMTCHIAN: Correct. CHAIRMA}; BRUET: -- development? MR. BADAMTCHIAN: Trois is the best location ~or 5hose carports. -3MMiSSZCNER DAVIS: ',:~ /halrman '= '.':= .zc,< ~r Exhibit see ~he ~hree prc~csed carports right across tke 'iead-end ailev -- 7HAIRM~ ~RUET: Yes. COMMISSIONER 2AViS: -- ~f the ones 'we pre'.'lzusl.., approved, And so ',.;ith that -'d sav, whenever you get around -~ Lt, . -'ye got a -~- yOU . 7F~ l R~ ERUET. ' ...... : ........ are :o address the Board? >IS :~RR'Z. Gccd ..,c. ..... 9, -zmmissioners. ~nd thank ':'ou, Chahram. ''- ','~rza-~- : ..... frzm :':ilscn-~,lil:~- And ncz {ozn~ 2z aoid you u~ - have a zresenTaT-:r., hz: :f :.tr. 2a,:is wou!fi lz:.:~ -~ 'hake ~ 7OMM!SSI ~: -' '-,:~.. ZA'.'i~: .crv wise 7b~IRM~4 BRUET: An'.'?ne 'n 2he uublic care i:~ sueaK -~ Ehe issue? -~ no[ the ~u~l;7 hearlnc is clcsed. /TMMiSSiCZER DA','iS: Xr 7halrman -,a . ,. . , .... a~.e z r,o--cn ',,;e zolwazx .......... '..; l z i zecamme~daE~ -~,~.~ ~c iONER ..... CHAIR,~ BRUEi: --here ~s a motion bv Tommlssioner 2avis, seconded by Commissioner Budd. All in favor? Opposed? (No response.} C~I~ BRUET: Mo~ion carries. CO~ISSIONER DAVIS: Mr. Chairman, I'm sorry, i sited ~he wrong petition, it should have been V-98-24. I'd llke tc sorrect that. CN~IP~ BRUET: So corrected. Petitien V-98-2]. ibis beinc a putl{s hearlng, eii those wishing to speak to ~.his ~ 's~e, please stand raise ':'our right hand and reuea~ ~tor ~he court 3r~er. ' - 'Speakers 'sere iuiv swern. ,. C~IR~ BRUEi: !hank you. MR. REiSCHL: issd 7~ornlrg, Commissioners. ?re,P RelsChi. Planning Services. This is a reques~ ~sr ~ five-~oot a~ter-the-fact variance for a house under construc~.icn in the WilloughNy Acres area. You can see on the mad ~he location, ihe zoning is RSF-3. In the RSF-3 zonin9 district, the required front yard is 30 feet. You can see en ~he site plan that was submitted with the building permit the front yard measured from here, from the garage to a utility easement was 25 feet, plus ne 15-foot utility easement, total of 40-feet for the front yard that was submitted ~,{th the building permit. ~d this is a highlighted copy of the spot su~ey. ~d you can see the final front yard is 25 feet. Under Collier County Building Code, as I was educated by the Building Depar~men~ director, contractors may call and request inspections pr:st -- approval 3f the '0-day spot sur';ev. However ~he inspection= -:--~, be sassed unt~' rc'.'a ........... . -~ ~pp i ~f ~he s~ct ~urvev -.~S _~ __ e~sur~ ih.RE _~izGs ':~ .... ~I' i --'c --~ .... ~ spot sur'zev confirms %he l;ards. A/id ..... ca~ s~ -h~ - ~h' s '...'as ' .. ':'c~r zacK~ -~ 'he stage zf :zn~'a~ztcn -f '~ house ~o '"~ z',,;n~'- ~c~ded .-=., ccnstruc5lsn a 2wll risk prlDr c %he apprz'.'al '[ zhe s~Ir';e'/. 9:~':iousi-:' %he t'eason i'm here before ':'ou :odav's ._nat 'he spot survey showed 'he frcn5 '/ard encroachment. -~ . ran go back to the c~her plct'.2re -- as you can see, an ametioracin? factor here, 's the fact 'hat -he edge of pavement is 40 feet from the fron~ ?'ard. So there's still ~0 to 60 feet cf front ':'ard from the edge of pavement to the front of -be garage. However, because there is no land-related hardship, staff is constrained from recommending approval of this ';ariance. i:~iRMA2; BRUET: Talk to me ~ust a ' ~ttle bit more, Fred, -he inspectl ....... ess and zhis '3-day -- }'cu pour ':'cur $iao and ?'cu have 19 da'z's 5c ~et ':'our spot survey? MR. REISCHL: Correct. CHAIRMAN BRUET: And the contractor :ontinues at h~s own risk? MR. REISCHL: That's correct. CHAI~4AN ~RU~,: And this ,talks about a tie beam ~nspection. And here obviously the ~- looking at the photos, the -!e beam has been poured. Are 'we ~o assume that there was never a 5ie beam inspection either? MR. REISCHL: According to again my' conversation with Ed Petite, there were two t~o beam in=De~ions Both failed CHAIRM31N RRUET: i see %hat. MR. REISCHL: Again, Mr. Perico told me that all 5he inspections required up to the point :hat the house is built now could be made with the house this far under construction: howe,;er, che spot survey was the one tha~ -- CHAIRMAN BRUET: So the tie beam inspection could be passed and MR. REiSCHL: Correct. CHAIRMAN BRUET: -- not acknowledged on the permit board. MR. REISCHL: Correct. It still could be inspected at this stage of construction, right. CHAIRMAN BRUET: So all the work beyond the slab and the block on -- there's no inspection for block -- is all at his own risk, is what we're saying. MR. REISCHL: Correct. C}U;IP~MJnlq BRUET: The framing work was done Ehe dry-in, that's done, and all of ,this, roofing, tie beam. MR. REISCHL: Ail those inspections, according to Ed Perico, could still be made: however, the spot survey should i]ave been submitted prior to that. ]HAiRMAN BRUET: ;'/ell. zerhans the neti::oner *an c~ear that n. ''il ;ust -- ' ' ~ ' '. iZMMi£SiZNER ~R!i~Zy: :ave ~ -- 7HAiRMAN BRUET. And ~ii ~f ~his ~akes place w~hin 'O day's? MR. REiSCHL: -,'ha~'~ ~he county recommended 'ime. - don't know 'f ~here's any uenaltv for ~ou having your ~nspecticn w~thin !9 davs '= '.'su nass. But ':'~u run "he risk sf proceedinc a~ "~r ~wn r~sk )'cu do not sass zhe spur: survey, - '~' CHAIRMA24 BRUET: -~'s aimcs% -- kv l?ok~ a- -he n~c'aures, aimcst appears as i: ~he more '...'crk vcu ue~ 4~-~ · - - ~ ........... harder 't 's make the ~ndi';iduai come sack and -orrect the MR. REISCHL: That'~ why ....-= have =h_ spot survey. CHAIRMA~I BRUET: You kncw wha: i mean? MR. REISCHL: Yes. CHAIRMAN BRUET: And if they ignore that, ]usc keep on building the house, makes no difference. The more i build, 'he harder it would be for anyone ~ tell me to tear it down. it sort of flies the face of 'what we're trying to accomplish, i guess. COMMISSIONER PRIDDY: What would be the penalty for the propert-:. owner? if we were ~o approve ~his, what's their penalty? i mean, is 'here a fine from the ccunt-,-~ Do they pay double, fine? ' ' or ~s there a MR. REISCHL: He's already paid the double variance, $850. COMMISSIONER PRIDDY: Plus the risk of having to tear down the house and build it back where it should be built. MR. REISCHL: And time delays. I spoke to the property owner and he was saying he intended to be in his house by January. COMMISSIONER DAVIS~ Mr. Reischl, a lot cf times staff will provide us any t]istory of this happening in the past with the rontractor. I didn'- see that here. Did you dc any research? MR. PEiSC}{L: .AGain. ~Deakinu with Mr ?ericc. ke didn' nave ~,lo~ry of that with this builder. - COMMISSIONER DAVIS: Ail right. Thanks. C=~AiRMAN BRUET: ~ lust -- in the future, it would be 3ust sc helpful to have someone from the Building Department here on these cases. I figured -- this is very severe and I'm -- in the future, when they come in with these setback issues that seem to be more than a few inches here or there cr -- please, make sure they're here, would you, Ron? Thank you. COMMISSIONER WRAGE: Just -- CHAIRMA/g BRUET: Yes, Gary? COMMISSIONER WP. AGE: -- just to be clear in my mind, that the tie beam inspection was rejected because the spot survey had not been done? MR. REISCHL: No, it was technical reasons· COMMISSIONER WRAGE: Okay. CHAIRMAN BRUET: Any further questions? MR. i;i_.-~u~,, : 7hank vou, . ladies and ~n''emen.__ -- --'~ izdd ' ~ ............... ~i~ausan~ - 3~i iding i'd~'~'~ ....... ~' ~-~._ss zhe cae ~nlng ~hat Mr. Reischi ~ust said ~d it seems, Mr, Bruet. i would agree with you, sir, ;n communicating, The count./ -- i'd like to have someone here. spoken with Mr. Pericc several times regarding this issue. The indications that have been given to me, only ';erbally, the rejection for m}' tie beam, the fail~lre first was that an engineerinu -- '~pcn submitzai. -he structure cf the home was such -hat we were uoinc. _ -c uut a ccnt'nucus '~._ beam a.~und~ the house .n' wha[ has beccme a steroot'.micai 'lo beam. :'~e ~ - .- - .,a~_ mo';ed forward [n our struc~,~al de';ei~umen~ ~n ~c~ - ,nc _~ wha5 ~s ~<nown as 3 toad beam system. That system ~s slightly different in that no~ as much -- have di~icultv articulating ~ ~ . ~. it ~ actually a structure where the tOD Cf the wall is ru~ ~n block and ~ __ _ ..... n stool se~' :n hat, rather -hah a -- rather -tan the con'.'entlcnai ''e beam. The ~ssue at hand was that in that change there was -- there a discrepancy~n~ 'he_ ' iueprintn . One page indicated a bond beam. cae indicated a 'ie keam. That was corrected. My architect, Richard ........ subsequent engineerinc. '-~ facilitate us moving forward in that. That was our first failure. The second failure was that I had a copy of the notice of commencement in the box, rather than the original. /hose documents were then sent forth to the county. C~I~ BRUET: Okay. MR. NICAUS~NTI: As some of you may know, or may not know --. - see Mr. Budd there, i've met him in the past -- i";e been in the area for about eight years now and worked through what i had to do to earn the privilege to sit for my general contractor's license. I passed ~hat. and then ~,o';ed forward into ?.:alifying a ccmpan':, in the area. After a two-year period cf building some 35 homes with that company, I then moved on to going cut into my own. Mr. Sahlsten, who i represent right now, ]'~ a personal friend mine, acquaintance in the building industry, as well as a customer. I certainly -- if this were to ever happen -- and no, I didn'~ have any record of this happening in the past, and I certainly will not have it ~n the :' ~'~ - , _u .... e. i didn t want i~ to happen with Mr. Sahlsten. Honestly, I don't want to bore you all with rhetoric of why it happened or how it happened. The fact of the matter is, i've made the mistake. My company's made the mistake. ~d I stand before you looking for your recommendations to rectify this. I guess some of the things that we have in front of us, specifically a letter that Mr. Reischl had Just handed to me from a Mr. Jim Daniels, he refers to a letter that I had written to him. Not only to him, basically a blanket letter to the adjoining people wlthln -he 200 =eet :f the subject property, a~mlttlng that i nag made a mistake, ~nd ;f ther~ wer~ any concerns or ~ssues hat 'nav address them. --' ~ ~ ,,, ~- i wish that would have knc',.'n this iet~=r existed have --: interestin= reccrdinc 'hat w~ s left tn mv ~nswerinc ~nachine. For lack ~f better nlmenclature, , felt '~at ~l 'was v~rtuail.f don't even want -c 3ay "he word. it was purs'd~ng scmethinu that =e!t was not richt. /he ~istake had been ~ade and - ~dmitted Mr. Daniels ~e~med ts have felt -hat "he 'ights that he wante(~ cn his street would test rome from me. i -an -- i -an understand %hat in some odd way, but ~ came to find cut "hr~ugh she cf the apparently Johnnycake Drive has an association of their own. And gentleman by the name cf Mr. Gus Winter, who is two lots to the west of Mr. Sahlsten came ~cwn and i: ' .~scussed it with Mr. Sahisten and over the weekend and %cid us a~ their meetinc, the '~chts other ~han ....... aKe_an~ and Jchnnycake, were not ~olng ~c approved. None o( the oeoDle down at that end cf the street wanted the lights. ' ~d an assessment has been made, an a~reement has been made with FPL to install two lights at the corner of Lakeland and Johnny Cake in order to basically identify the street~ ~d this is secondhand, coming from Mr. Winter. I don't want tc get hung up on that. I thil~k that's really about all have I to say regarding Mr. Daniels, letter. A~ain, without having any ~cre time to review it. ' do fee! '!ke have a responsibility anl ~v ~rcan~natlcn has responsibili-. ~/ to 'he neighborhood, i would offer ?hat instead of having your standard, ~n quotes, landscape package cn the property, !'ye offered to Mr. 3ahisten that I would si.;~ him an uD~rade iandscas~ Dackac~ ~ - -"' - .-. - would give him a brick Faver 'Jrlvewa-; rather than concrete. ;~nd -he res~ of [he neighborhood is concrete drive. Anything else that )'ou all fee] would be appropriate, certainly be wiliina %o lis[en to your recc~,mendaticns and move forward from there. C~i~ BRUET: Skay. i appreciate your candidness here. It's -- there's three of us on the Board here, i think, that deal with licensing in the building industry and knowing the hoops we have all jump through ~o get a home built here. ~d to see this take place without really following the normal procedures that everyone else goes through, it's difficult up here. I'm a general contractor MR. NICAUS~TI: i uespect that, sir. C~I~ BRUET: -- and Commissioner Budd is and Mr. Pedone is in the business, and it really rubs us the wrong way. But I do appreciate you not trying to concoct and make up stories and point fingers. You taking 5he responsibility helps here. >!R. i;iCAUS~T' '.les, sir. _ike i salf. ".;st .~tarte, zompan':-, and i '.van~ ~ de here. SF~iRMAN ERUET '-fes. MR. NINO: Some~zmes when 'fou look at these things, ~urious to know if ~n fact they're -rvin= t~ ~,~-'~ a bigger heuse than they woul~ nsrmallv ~e aole to build ~.~. ~dherzng to setKacks. ~ -he rear '/~rd requirement is far in excess of what's required. The side 'lards are in excess. So ~iear!v here ~his gentleman is not 'rT~ng -- ' .... ~ a house bi==er than ~= ' ' - -- ~ eul~m zz ..e adhered to a!~ the yard requirements. 'hink ~-'s a ~ersoect~-,-~ wo~-h oaring some CHAiRM~ BRUET: 7hank Any ~ ,urther questions? TCMMISSiONER ~';P~GE: Mr. ihalrman, f h~'.'e ~ ~suDie -~ ~uestlgns. 7sdd ~ ....... ~fter this was discc';ered? MR · .,ICAUS~NTI: No. sir. MR. NICAUSANTi: ~ot -s my knowledge. >;~ did .clean some ti~ings up. We butt¢~ned some th~ngs up ~s far as lust if the door frame was in, the doors were hung, just to try to secure it from any damage, or any damage that might exist. There's a lot of kids in the neighborhood. And Mr. Berry lives next door and said to us, you know, he had chased some kids out of there and whatnot. So really, it was just an effort to prevent an}, damage for Mr. Sahlsten. COMMISSIONER WRAGE: Just for my own personal, how many of these projects have you personally had since you started >,our company? MR. NiCAUS~4Ti: ?his would be the fifth, sir. COMMISSIONER W?~GE: The cnl-f thing, ~nd correct me wronc, ~uu ''m not a bui~ - ~ ,d=~, but in the picture, 'when i look at this, it doesn't take ~ rocket scientist to show that it sticks out in front of the other house, in the picture that i'm locking at. mean, it seems to me any time anybody would have been 'working 'would have ¥~-. ~~-oe~ some question as to why this house is in front of the one next door. I mean, that's -- I certainly have sympathy for you and the owner, but i'm having a tough time with 'his one. MR. NICAUSANTI: Sir, i guess my best response to that is that my standard practices and procedures, which have been reevaluated since the fact, have !ed me to rely on my surveyor. And 'when -- if information from him or to him is not correct, that, i guess to coin t~ phrase, begins ~o snc~.:ball. I ~on't -- as a general rule, by taking a tape and just measuring once the -- what is called, a hub and tack has been done, standardly is not reviewed more extensively after the surveyor has set forth his pins. CHAIR/~AN BRUET: Commissioner Davis? ...... CNER 2AVIS: Ma,/ce somebody ran held me Wi~h this, because ' 'Jnderstand :he soot survey process. Bu~ what - see and '.,.'na~. F,_f s ~ ...... c us n 'he way frfed in. :here's 'ar paper tn 'he roof. .~nd i'm no~ sure, bus aptears -- are %here :n~eric MR r $e~ltlons, stud work? . NiCAUS~iT/: Yes. s'r. UOMM!SSiONER DAVIS: -'m scrrv bu~ -~s ma~:es ::o sense me. - ~ - , from wha~ 'he staff re~oz- says. gets caucht fai-~'- ea~' .... . z[~a~ prcb!em .... - v n %ne urocess. This surikes ~ that it MR. N!CAUS~;T-: Actuai~" the =acz ?f -~ matter ~s that ~ · Sir, al! tf ~ ..... lit!es are ~ =act '" 'he ........ ~se . - had met the zf the Cz''ier Ucuntv '-";!dlnc inspectors cut 5he -cb afte~ -~= seccn~ .... U~' _ - "- -~--ure ~= the 'le beam ins~ec5~. At that ~oin~. - was g:ven 'he aPSro';ai o mere .... ~a~., and iaa{ s wha[ .d Fram -~-- " ~ .... ~ ' ' ~" ' --.=- pc:hz 'c wner~ we 5re ncw's %he produc~ .:f about '.{orki~ ~i','s. was ~zie -z S~ S:~n~.. ...... e,_ 5nd forwar~ i~ s a reia~i-;eiv small house, and i was able to man it, again, wi~h enough people ~ha[ once =hat -- once the cap 'went on 5he mechanicals were richt behind them. COMMISSIONER DAVIS: >;ha~ s ~he next inspection afue~ a tie ~eam inspection? MR. NiCAUS~Ti: They 3an qo in conjunction, bu~ ~}~icaily it's call a -- the muter for it is a '07 which would tea fascia and sheet metal. , COMMISSIONER DAVIS: So in other words, the rest cf zhat s~ructure,s dried in at that point? MR. ~ICAUS~Ti: it can U~ done prior 5c 5he dr~/-in, but yes, sir. COMMiSSiONER DAVIS: ?kay MR ~;ICAUS~Ti: .~c~_a.,[., ':':e rrccedure -[':az has ~)~icailv fcliowed -- and, again, i don,~ ',,'anz ~o use ~he word "t)~lcally, ,, overuse it, but this has ob';iousl,/ caused me to reevaluate my practices and procedures and checks and balances. We moved forward. ~d righ~ now in having 9niv myself to reiv on, and building three other houses a~ ~he same time at the other side of to~, I guess I relied more on people than I did myself in the checks and balances system. CO~ISSIONER DAVIS: Did the Building Department make i~ clear ~o you that you were proceeding at '/our o~ risk? MR. NICAUS~Ti: No, sir. Nothing -- I mean, as a general rule, i guess that's their standard, yes, sir. ....... u ........ : Would i~ help the Board to have ~he BUildinc Department here and continue this and discuss this in more detail with - - COMMISSIONER OATES: it would as far as I'm concerned. Because I'm swinging back and forth on ~his one. ZHAiRMA2~ BRUNT: '~ean, .z '.'ou isz~ -~ 'nan lea 4~..~ ind , , ....... -E r .... :louse ~-, shaft -','er L~'z !isasur~us ~c him 2un 7annot understand r_d ac when :he nome is 'his :ar alone is -- 'ust ion', understand MR. NICAUS~Ti~ >~r. 5rue~. ~on'~ 2eiieve ~ red ~ac has keen issued ~o the prcper~-:-. CF3. IRMAN BRUET: You don'~ have a -- hhere's nu stup-'...~rk ~rder yet? Nothing -- ..... ~US~,z flu n$~ have one un my possusslcn, i'ue never been g~';en one. i. ~u5 cf respect for Mr. -- -c Mr. Per~co and Mr. Baliard (sic~, both of ~hem said cn December ~2nd '.'ou stop right there. And -- ~ ' . ib~IP,MAN BRUET -'m scrrv, :hey did cr did not say that to vou tc stop? ' . , , MR. NICAUSANT- ihev sald 'we recommend ~tI~,.q,: 2nat '/ou iY~iRMJkN RRUE/: ~- they ~ non ssue he red tiao. MR. NICAUSANTi: Not to my knowledge, sir. -".'e never gotten anything from them. ~f they have c~ wanted to send r,e a letter ' ~ an~ ..... nW in my possession. CHAIRMA_N- BRUNT: Just puts us in an awkward position to -~ at this point in time. You know, had it been slab and some block, can address the issue. But at this point in time -- COMMISSIONER PEDONE: Mr. Chairman? CHAIRMAN BRUET: Yes. COMMISSIONER PEDONE: On December the 22nd then }'cu S%ODDed work on this project and haven't done anything since? MR. NICAUSANTi: Other than, like I said -- CO~MISSIONER PEDONE: Check it off. MR. NICAUSANTI: -- sir, close it UP, "tv to %iuhten ~ best we can to protect Mr. Sahlsten. - - _ -~ uo as COMMISSIONER PEDONE: if you did not get a tie beam inspection, or one that's been signed off on your permit, did they eventually sign off on it, or do you still not have a tie beam ~nspection? MR. NICAUSANTI: I would not have proceeded, sir, 'without the approval of the inspector that again, I, personally, met on the job. COMMISSIONER PEDONE: Was it a verbal approval or a 'written approval? In other words, did he check it off? MR. NICAUSANTI: I do not have that in front of me but i do not believe that he did. ' MR. oEISCHL: r can confirm -~ " ~ ~na~. it's the computer -- Ed Perico's office had the flashing 'fellow light on it, ~nici~ m=~ns schedule no inspections until 'whatever problem is corrected. In this case, it was a spot survey. Uhere were zwc -- zhe zwo ~a!!ed 'ie beam 'nsueculcns and ..... ~:: :~ 'he :fusses would ha'.'e been out 'SD "~ .... ~ a tie beam ;nspect-sn7 T~iRMA~N BRUET: ?~sc'"-~ . T$~'~rcSrCN=~ PEZCNE - · - ..... ~ WP.AGE- Mavn~ m.; ccnhrac ur .... eagues :fete could -xp.a_n to me, why '.¢cu!d he net have a red C5~iP, MAN BRUET: -~ k!~d 2f ~mazes r,e ~cmm~s~zne. , ~o[ more experience %han i. ' - ' ~udd )'ou've TOMMISSIONER 5U~D: -"'s ]usu no[ par~ cf -~ urzcess. _ - n: .... ::? ~ _r Zhan '. is -!e beam. He hadn - youten 73 his mechanica' inspec-;zns. So he had not passed anvth;nu fha[ was failure tha~ '~:culd resui: in a red ~a~. ' >!R. EEISCHL: T:la~'s ...... ~ . - 2SMMISSiONER SUED: 3ecause. and 'he wav '~na~ Ices addresses %his. is ~ha~ you proceed at "o ~ ~ : u~ own rlsk after ,u pour the slab, and then you've got to get a spot sur';ev. So as ne admitted and ccmmented h~ was asleep at the wheel and drove cn past it. ' - The problem I have with it, on one hand it's obviously a builder,s mistake. You didn't get your spot sur-zey. Development Se~¢ices is pretty clear, '/ou proceed at }'our own risk. So now to look at what are the appropriate punishments or whatever that we're going to address here. And ''m ~us~ ba/iparking, this is a 30 or S40,'~00 prcblem to tear this bui~dinc d-~,n and ce~ back up ~o dry-in. . ~" ~ · So what are we ~oinc to 9c h , , - , . a,_ ~he buiicer -ho>~ cn it9 The ~':'; ~ ~us[ gektinc s~art~d ~n o,,clness' ~,re we ~olng to Steak him? e going to ha';e ~he zwner choke cn :t? And fion'' know his ~onal financial condition, bu~ i'd know if i had a S40,900 bill, -: would be a severe problem that would affect ~he rest of my life And my inclina~ . -on is to flrd cu~ what does ~his do 'o tile local community? What do the neighbors think? ;{hat's going on here? And what can we do that's not going to possibly bankrupt a builder and an owner and have excessive punitive punishment for what clearly is wrong? We're not giving the guy any slack there, because he's wrong. But let's get something that's appropriate and see if 'we can't compromise and get something that's acceptable to the neighbors, because those are the people that are affected. We always try to do what's best for the neighborhood. What's the guy next doul think-and the guy across tl,e street. Wouldn't want to open it up for any kind of -- anybody taking advantage of the situation and getting excessive and inappropriate compensation while we've go~ a guy down. o ........ cnzors, w~a~ we ~an -~ ~ddi-'ena~ iandscasinc '~rz','~ -h~ nel ~ ~ - - ~ ....... g~,bo .... cd. some kind ~f MR. REISCHL: Mr~ 2ha~rman, aside from ~he 'e~[er [ha[ i gave you, the only other comment i received was a phone call asking questions with no ~cmment one way cr ~he other. COMMISSIONER ,~ATES: ~a~, bu~ we haven't physicaii.:. 9one into the neighborhood and asked them what they think cf MR. NiNO: i have a registered speaker here. COMMISSIONER WR~GE: Can I !nterjec5 someshin~ here? gone through this ~rsonailv [na former life. and , realize weeks - ~--~udi,~ ' - ....... ~t,.crne'.'s ' n,-~r~ make met for two weeks. - COMMISSIONER CATES~ And 9o cut to the neighborhood and ask wha~ the neighbors have %e sav~ ' COMMISSIONER '. ........ ,,~G~ ,.,~ , - '..,'ii al least iri'.'e ~[.- lz COMMISSIONER OATES: >;ell, £ think we should contact -- ! mean, i'll be glad to second ':'our motion, b~]t ' think 'we should contract the surrounding n~- ' Se · ' ·_ ,--~huors. cause ' think Russe~i s idea · -~: - ma',', 'her~ ~s a urob~em '~,,~-~ io~ It's an ex parte, mean, you need Zo disclose that. BtJt this is a quasi-judicial matter, again, 'where you're constrained by the standards of the code. And there are problems about ex parte communication with members of :he Board talking to the neighbors. And there may also be sunshine problems with it. CHAIRMAN BRUET: Why can't we direct the staff? COMMISSIONER PRIDDY: Why can't we have the builder contact CHAIRMAN BRUET: Good point. COMMISSIONER PR!DDY: -- the neighbors on ~ither :side ~nd COMMISSIONER OATES: Bring back some letters. COMMISSIONER PRIDDY: Bring back some letters. MR. NICAUSANTi: Actually, iadie~ and gentlemen, i've already done that. i did that back -- COMMISSIONER OATES: We don't have the letters. MR. NICAUSANTI: I understand tha~, sir. i received a letter via Mr. Sahlsten on last Friday that said that i needed to present any documentation 21 days -- I believe it said 21 days prior to this event. And I had just gotten it. r would been happy .-- - 'would have brought them in this morning, but i cerzainl¥ didn't. I've gotten signed letter. Basically, I had 'written a letter ~- Mr. Sahlsteu, Go you have a copy of one of those letters? COMMISSIONER DAVIS: While he's coming up, I'll follow up on what Mr. Wrage said. More to the point for me, and I think Mr. Bruet expressed it before, i'd like to continue it for two weeks so that Mr. Perico can be here and clear up in my mind what's been going on here. Secause agree '.,;irk Mr. Budd. i see -- i see al' '-bls extra ~Dace at the front -~ 'h~ ~ , ' - ..... ~s_, a~d sc 2cnsecue~tlv {nd ue-smmend an apprcvai 2z Znls. Bu2 ~s unclear ~s '.'c cr , , am ~cda~:'. ~e = denlal if '..,'e re .~cln9 %0 press ~he ~ssue ~.oda}-. TOMMISSiONER ZATES: '.~cuid acr=~ ?;ith . . -~ -- . ~ -- · vou Mf <e. '.,'oulfi :~a'.'e ~ '.'.-~e for denial '-ca',- And ''~ -u~z ~s z~-n -~ "· ............ ,adi .... - 'his im~acus 'he n~;~' ~ - - ...... =nbor,,ccs. =ecause Russell's exactly right zha~'s a io~ :f ~'naz we do 'dE here. we icok and see, )'ou know, what's compatible what'z ,:?,clng ts '..,'ork fzr ever':'bcd?. ~n ~his ;ituation. zhink _~ :'wo-~'eek zcn,tlnuance ~nicht make this ~hinc out with a more ucs!ti-.-e :utccme. C~IP~Jl BRUET ?arzainiv has m':' suppcru. There 's ~ mct- >~P,. N/NO: Mr. ih'a:rman ..... na','e a rec~stered sneaker C~iRM~ BRUET Excuse me. Ail right before we move on w~th ~he motion -- , MR. NINO: Ju!:e Berry. MS. BERRY: Good mcrning. My name's Julie 3err-,.. . am the neighbor to the immediate east of this prooertv i m:n Lot No. seve~. . . . ' it was very interesting listening to this conversation, because Mr. Nicausanti says that he has approached all of the neighbors. That is not correct. We have not been approached, i saw -.- cur house is ~he other picture where )'cu're look/nc at the s~de vie,,/ 'c so~ that's mv house "~gh~ "here. ' i'm a little concerned because all cf the neighbors were ~Pprcached wi~h this -e~ter asking ~o continue with -h~ uonstruc~iz:: ~nd ~'e were r.c~ asked. - '- >;hen you sit in zur li'.'~ng room, ~ does obstruct cur view the street'. ~d the fi,,'e feet is pretty significant as far as what we can see cut cf cur ' i'.'ing room .~ndow. i understand it's expensive for them ~o have to take this house down. And what i woulJ request is that we have some enhanced landscaping between our homes, ~t least something like a six-foot hedge. I don't know what the code is as far as how high a hedge can be, but we would like something other than to look at this concrete wall. Mr. Daniels, I don't know anything about this letter, but he's only lived on the street since Nove~er. ~d we -- as the neighbors have discussed lighting on the streets, and we are all in favor of except for one person, ~nd we don'z know who that is. But I think the lighting really has an issue as far as this house is concerned. I am concerned about the appearance standpoint of it. If you look down our street, cf course, the house does stick out a little -~ m~,,~ ~Z'~ ' ~ ' ' '...'aS %'; '--~.,~ ";~iiJZ ' % But ''ko i sa~U. ~'r. N~ausantl sa~d he has a responsibiiit>..~ the .~wner 'c upgrade his iandscapinc, and i would -ike is see that happen sc fha% we dc not have to 'sok at this whole 'sncrer~ '..:ai~ inside cf ~ur house. That's al!. "~'-~'-~""~"' =~DC~: have a question. C~IR~ BRUET: Yes. TTMMISSiTNER PEDONE: Ms. 3errv '.'our house 's -~-~ house pic~ure~ · ' - .... 'he MS. BERRY: Rlc~ COMM!SS!CNER PEDONE: And the garage ~f '.'our kouse adjacent ~'c ~he house cf Mr. Uicausanti's bu~idinc~ MS. BERRY: ~- -' -~,4N!SSiONER FEDONE: How could you lock -- and ~uess your · .,c BERRY: _,u ..... ~ng room ;s r~ght -- as vou ~s 'nfo ~'e garage, right ~ehi::d the uarac~ ' -~,-.~ooiCNER FEDONE: 3eh~nd the ~arage. MS. BERRY: Right. '2ur fami~.- room, "'m ::ct sure term. The one you 'ive in. ' COMMISSIONER PEDONE: So your living room is at least 22 feet back of the house, because the garage is usually 20 to 22 feet deep. MS. BERRY: Right. CO~ISSIONER PEDONE: So no matter where that house was put, whether it was five foot this way or five foot that way, looking out of your family room, you would still look at the wall of the house. MS. BERRY: Well, we have two windows in our living room. And we do have a 'ziew of 'he street, it's not an extensive view of the street, but that is a view of the street. And since the COMMISSIONER PEDONE: But with the house there, it will block your view, no matter where the house is put. MS. BERRY: Yes. yes, yes. COMMISSIONER PRIDDY: I have a question. C~I~ BRUET: Commissioner Priddy? COMMISSIONER PRIDDY: We were, I think, headed in a direction to have the contractor .contact other neighbors. How many other neighbors besides 'yourself are out there that are affected by -- directly affected by this problem? i mean, obviously ':'our house is. Is there someone on the other side, or do you feel there's someone across the street, or are you are basically the affected party? MS. BERF4Y: Yeah, i'm the immediate neighbor. I mean, there are neighbors across the street, but they really don't have much concern for the house. ~d then on the other side of this property is an empty lot. iCMMiSS iC:;ER cc ..... ?.:{AiR~,~; BRUET; Ar:',' '-:%her speakers~ ...... ;I~US,u,T_ ~ v . respond? ?.:LAiRMAN BRUET: '.'er}' ~ui_-kly. MR. :;!CAUSANTI: aPciouize uubiicl >!s Be,-.':--.-. had -- '-~ses where people we~ ::ct home ? u~aced an .... el-De n mailbo×~s - - nr ...... ~_ ~ct the Berrys, as have ~P. -he past. Her husband had asked durinu -he initial cleari.nz }f -:..-, .~ if we :;'cull ds a ccupie -!:~nys =st 'hem. .~nd i was ha.rp.:- lc u~ L:, We "sci< ;u: ~ ccuu!e rf frees ~- :ts :barco - s lhe Eerr':'s ~t _~ ' ' . -, s ke nappy :o do :ha~. A bocce cr wha[ever would besu ~.'~',=: s zs ~ec":ng to ':e ~cre -~ke what used tc do, ~nd that'~ :he ''cens~nc board t. ha~ i don't see the need for continuance, acnuallv %h~nk this could b~ dec;,'~s i thi ' · - ~hat ~ _o~ nsw. nK the homeown~ iu~ that s waiting ~o have h{s hcme bui~~ ~- ' ..... ' ' ' -~ ~he guy that's really feelin~ the brunt it, if you read the letter that he 'wrote ~d ~' mort_,,. Ans every 'week ~f delay is -'is2 ~or9 ~o~ey :f his pocket. ~ . COMMISSIONER PRIDDY: Well i m also a lot more comfortable now ~'=~ 'he immediate neichbcr has spoken and 'we know what ~heir feelings are. So ion'- ===~ the need ts send the ~'cntractcr back :ut in the community. Yes, this is serious. ~d yes we need ts perhaps, you know, s,_ how this happened trcm the county's perspect~-;e. ;~d yes, there needs to be a strong message sent to contractors that, you know, you can't parade in here and get your mistakes, you know, taken care of. But ! agree that I'm ready to move on. COMMISSIONER PEDONE: Yeah, ! think this was an honest mistake, and he shouldn,t be overly -- five feet may seem like a lot on paper, but in my neighborhood you didn't have to conform to ~ 10-foot setback. Some people had 55. i, for one, am 40 feet setback. So have houses past me, as my choice, i don't think a zigzag pattern is necessarily undesirable ~n 'four home. In fact, ~t ~akes away from everything looking exa ..... the same down the block. CO~ISSIONER OATES: Mr. Chairman, might i remind you that you have a motion and a second. ZHAiRt~j~; BRUET: - '.,;as ~nout -_c ftc --hat. .~her,? :s 3. ~-ot'-on ~ second bv Ccmm~ssznner ~a~s ._ excuse me, zhe T~c'z'sn was made bv -smmlSSls~er ;';race. secsnded b}- icmmlss~cner ~ates. And 'hah was ~ continuance of thcs kssue, carrying along a request =rcm the contractor ho speak ho some surrounding neighbors and get ~ 'ihtie document in writinc zhat we could all take a look at. ~nd ~et ~ full '/nderstanding of the impact ~n zheir zommunlz-.., ihaz'n -~ ',;ay underLtccd the mo~icn. TOMMISSIC. NER DAVIS: Polr.~ ~f ~iscussicn Ms 3~.,d~ - ' ....... a n '.~'e ~d~ s~ipula~ions 3n ~ '.'arlance, suc~, ~s ' andscanlnu between -his house and %he n~cb~,- '~ '~ zhe,., n ........ MS. STb~ENT: Zur usde provides 'hat st'nui~ulc, n~ nan b~ ~1 on d .... !opment trde~ COMMISSIONER DAVIS: ~kav. TH~.I~ ~RUET: There ~s a motlcn ~,~ ~-~ ............. ~n ~avor cf -snt i~uance? . 29MMISS iCNER 2AiES: 2~MMiSSIONER >;P~GE: Aye. TO~ISSIONER TRAGESSER: Al.-e. C~IR~N B~UEY: %ye. COMMISSIONER DAVIS: A)'e. CO~ISSiONER BUDD: Aye. C~I~ BRUET: ihree aye -- flour. Opposed? CO~ISS IONE~ PRIEDY: Aye. COMMISSIONER URBM~IK: Aye. =O~ISSIONER PEDONE: Aye. C~IP~ BRUET: Mo:ion fails. COMMISSIONER PEDONE: Yeah, i'd like to make a ~otion thah we grant hhe -- what's the wording here -- we forward with hhe recsmmendauion for apprcvai for the BZA, - ~uess ~ 's Petition No V-98-2~, with ~he s~inula~ion o~ ~ "~ '~ ' · - a~a~onal landscaping between ~he homes. CO~ISSIONER B~D: ''d second ~ha[, if ':'cu'd aisc add in brick paver drive that "he contracsor has already ~ndicased -- CO~ISSIONER PEDO~$E So done. ' CO~ISSIONER B~D: -- he would pro';ide. CO~ISSIONER PEDCNE ~o done. CO~ISS IONER BUDD .. Second. C~I~ BRUET: There is a mo[ion tc a~prcve b', .... ,.~ith stipulations by Commissioner Pedone, seconded by Commissioner Budd. All in favor -- CO~ISSIONER DAVIS: Mr. chairman. C~I~ BRUET: Excuse me? CO~ISSIONER DAVIS: A question. CO~ISSIONER T~GESSER: Go ahead. -ancscaGl.-.c :u-'fez ke-_'.,'een uhe ",.:c ?.crees. '..,'c'.:' :i zhaz .-~ ~pprs'.'a' -': :,is. :3er-_".': ...... -- r~,~,~: ':'9S. ' - '.';Oiled ':2~_ . MS. -:TUDENT: ha','e a ::ncerr, abou~ -'~ cr:-'~, =t*.~u-'a~i~ns ~ha~ re2a~e :c %ne '-m.~act 3f %ke fieveicpmen~ ~rder, --he landscaping, vcu know, '.x .mv -..~nd dces. The dr~ve, %nink tha['s scme~hing between ~he komeowner and the CCh[racier. ~d mean, he may be able tc make a side agreement, but it doesn't reaiiv ka'.'~ anvthin~ -c rio as - see ;5 '.vith ~ke ','ar~ , ' 7 ' ' ~a.l__ and :he impac~ zhat the variance has :n -~ u~;-~b~d -~ _ . ' ..... : .............. ancscaDins floes, ~uz not -he ar:ye. - - COMMiSS-~"~ ....... neighhcrs tn eLzher side :n -:ne Tame side ~f the sz:ee~, as anvone'~ a~;.;;.c ~own -he s[~? · ~ .. -.,:,~ ...... %:~ =.feet, 'here's '-:suai 'zpac: :ha~ this :..ous~ _:. ~ ' ''~ bi' 'loser, ~ liitle .rac~:-,-e and i 'ncuchE ' - '.'as --~ stenE '- ihs[ ~"tl, '- ......SSiCNER DAVIS: - aqree. MR. N!NC: You could alines5 rcnsider ~- COMMISSIONER Bb~D: -''~ hats-scape. CH~IR~N BRUET: Hard-scape? COMMISSIONER PEDONE: Hard-scape. Sounds gcc,:. C~iR~ BRUET: Once again, there is a mo~ion by Commissioner Pedone, seconded by Commissioner Budd ~o approve -- MR. NINO: Mr. Chairman, l'm sure tha~ Mr. PerLco would be more than happy ~o come and explain, if it's a process you're concerned about, i'm sure Mr. Perico would be here a~ your hex: mee~in9 explain the process. C~IP.~ BRUET: ! was 9oin9 :o 9e~ :o ~ha~ after 'he motion. We're -r?,in9 to gel :brough :ha: :ne rich: new. ;';as :her~ .... other discussion. ' .... All in favor of :he motion with :he additional 'andscasing and brick paver driveway? COMMISSIONER PRiDDY: Aye. COMMISSIONER T~GESSER: Aye. CO~ISSIONER B~D: Aye. COMMISSIONER OATES: Aye. COMMISSIONER PEDONE: Aye. CHAIRMAN BRUET: Aye. Opposed? COMMISSIONER OATES: Aye. COMMISSIOneR WRAGE: Aye. COMMISSIONER URBANIK: Aye. COMMISSIONER BRUET: Three opposed. Do you understand the motion? MR. NICAUSA/gTI: I believe that -- Motion carries. ;i'.-'~ii?,tfgMq ~RUET: Ne're ~o;ng .-_o move forward as what was recommended and you''' have "o co -o the Olannin~ and '- ;- ' - - - - ~n.,,c Bcarz which Ls one more s5eo you'll have :c co :trough. XR. NiCAUS~Ti: ~Zh.~h ',{~zl tecn the -3rd of :hLs month, sLr: :F~iRi~ BRUE?: -'m not sure cf the date. Okay? 7hank you. :{R. NICAUS~Ti: Thank you all very much. ',m RE!SCHL: :4r -~ { - - . ..... , -.,a.rman, _ have a -ecnnzca! ques-~cn on landscami:~a is the~z - Signs -~ _ ' , - -' - ~.- COlnG :lo be subm~ed? i m %rvinu ~o think of how ~c craft 'he stiDuiatisn on this, HR. NiCAUS~TI: Sir, if i may, ' would be happy zo submit .andsca~e ~lan with -~= ~-S~-a-~sn fncluded wi~h CF~iRt~ BRUET: And also, we'd like COMMISSIONER PR!DDY: --~n.d or= ~ %he nei=hbor. MR .~_CAUS~T_: The ~eighbor has -- iF~IPj~ RRUET; 'lean. make sure zhac zhe neighbor zees !ha~ lust initials it that it's acceptable to her. Okay? MR. NICAUS~TI: Okay. Thank you all very much. MR. REISCHL: That would be prior to the Certificate of Occupancy? C~I~ BRUET: Yes. MR. REISCHL: Thank '/cu. C~I~ BRUET: ~d also, on Mr. Nino's suggestion, Mr. Perico would be welcomed here. It almost seems to me as if an individual this case could build a whole house with no inspections, and, you know, to get someone to remove a house is impossible. So if we could have him here to discuss that. MR. NINO: it's not the first time it's happened. CH~I~ BRUET: You mean ~earinq down a house? >1R. WINO: >1o, no, %he house ~s aimcs~ ccmmieted tv -~ hlme '" got to you. C~IR~ BRUET: We!l, it would seem as if some fine %uning ought to be done there in ~'~ .... [uture. Thank you. COMMISSIONER DAVIS: ~4aybe Mr. Perico could -- %c afford him some brevity, be the first item on the agenda so that he can get back to work. C~IR~ BRUET: That would be fine. Moving on to Petition No. R-98-8. 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.) C~I~ BRUET: thank you. Susan? MS. ~y: Good morning. Susan Murray for the record. The petitioner is requesting a rezoning action from E Estates C-4. However, the peti[ioner's agent has notified me in writing that -= '..;ishes to ~mend -'-.- "- --.-= request 'iE reduce zhe i::DeF, si2'.' --~ -he z,o~ll:i~ -o permit the =font ~i'.'e ~cres -f th~ s~-~ ~ s~ =z ..... ~ -~s C-4 with ~cles 20 ge rezoned 2~ '~-2. .~nC - Provided '.'Du ~ .e22=~ 2o 2hat the site zs 19.64 ~cres :n area. it has ~60 =eet ~f =rontage cn Davis ~ouievard and ' 291 ===~ kf deoth, -,, ~' ..... . .h_~n uaraii=~s 'he future Santa Barb~ra ~culevar.~, =~- ,0 -' boundary. -.,~e...~on along the subject's }astern The slte 's -coated within 5he current legal'?- effecsz-.-e acti';itv center boundary surruund~nc tke int~_sectlsn .~ Davis Boulevard and Santa Bar~ara Boulevard. Staff h~s reviewed -he subject petition with regard -p required findings ns described in the Land Development Code The ~wo T,~in focus areas .that receive extensi-;e staff re,~.L,'~w and formulate much cf the haszs for staff's recommendations are t},.~ ~etitlon's ccnsistencv wzth the rountv's Growth Managemen5 Plan. ~nd the property's 'ccmpatzbilitv '~,'ith surrounding properties. The subject site is consistent with the iocatlonai ]riteria for commercial rezoning, in ~hat : . · ie~ailv ~ff ~ ~ is reiccated ~,'zthin Ehe uurrent ~ . - e_.ive boundaries cf -he actiYitv center surrounding Santa Barbara Boulevard and Davis Boulevard. i need to make 'Fou aware that the Board cf Count-/ <fommlssioners has adopted amended activity center boundaries which will exclude this site. Specifically, the western boundary of the activity center will be located on the center line of the future Santa Barbara Boulevard extension right-cf-way. And if you take a i~ok at ~his picture, my finger indicates the future boundary.. The existing boundaries in this picture are the dotted lines that form a square around the entire intersection. The f'Dture boundaries are the heavier dark 'ine that surround sp=~=~c properties. - -- it is important to note that the staff and the Board ~re required to evaluate this petition based on its consistency with the effective boundaries, which presently include the site. As such, this petition is consistent with the iocational criteria for ~commercial rezoninU as described in the county,s Growth Management ~Plan. Additionally, ~h_ petitioner has presented evidence in the form of a market study analysis, 'which reveals that there is a need for additional commercial land area within the study ~rea. While an in-depth analysis of the petitioner's market study is t~ic~!!y not evaluated us part o~ staff's review p~ouess, nonetheless it is important to note that the study's findings, which should be given consideration by the Board, as these t~es of studies are encouraged by the Future Land Use Element as part cf the evaluation for rezoning to commercial land uses. it :s :mportant -u note '.hau '-he FLUE encourages ~nu -utends ' '~" centers '~ ko mixed 'use ~n naturo Star= has ....... ~ ~= ' :oninu '2istric% stl'' ~eets ~he intent ?f %he m~xed 'ice nature :::. ~D~i=lcai!v ',.,'hen -'~ examines -~o =urrzundln~ ..... ~,-~ ]~rcper~' es =~ ther "' riot~ .... ~ - -r __.mm._rcial uses strict '.' . . ~= , . residen~ia: '~ses ~ ~ni:<ture -f :cmmerciai ~,nd re~:~:Jentlal ases, ~ni ruDl:- ;~ci' : ......... land 'ises. When co~ined 5nd examined on ~he whcie, a rezonlnu -~ subject oetiticn to commercial uses allows ~he acti';i .... enter as ,~ whol~ t~ r. eet with the mixed use and intent cf activit%' centers, 3~s ,described in the FLUE. As such, this petition :s csnsistent with the intent .the development cf act~';ltv centers which are mixed use in natuze. ~-z ~s ~ second manor area that staf~ examines within the revlew process. .'~nG '' 's 'mDcrtnnt t~ note properties tc the north and northeast, specifically the ~ommerc~ai ~ortions .~ the Berk . on,~_ Lakes PUD, the Shoppes at Santa Barbara -,enter PUD, and the l;eapoiitan Park PUD have all been approved sommercial. Speci~icali%', C-4 '~ses cf a limited scope which are lesser intens~ , and ~t?' what would describe as more neighborhood friendly. For this reason, a rezoning of the subject site to C-4 with limited uses, and C-2, could be considered compatible with the commercially zoned properties at this ' r ~tion 1~ _ers Furthermore, %he future expansion cf Santa Barbara Boulevard will create a major ~ntersection of an arterial and uci!ec~ive roadway at the northeast corner o~ %his site. Approximatei}' feet cf the subject site 'will front these roadways, providing superior, access to ~he ~it~ for c~_mm~o~a'._ uses and makinu -he less paia~able for res~den~iai uses, thus creasing a [ocat point o[ commercial development, again, as encouraged by the FLUE, As far as compatlbilit':' ~s ~cncerned, ?he property ~butting subject site to the west is currently zoned as the Falling Waters P~. This is a 134-acre residential development approved at approximately six dwelling units per acre. Property immediately abutting the subject site is developed with two-story multi-family structures, built in a horseshoe shape, surrounding an approximate two-acre prese~e area. ~d I have a picture of that. This is the subject site. ~d if you look just to the west, you'll see the C~ress Preserve area lakes, and then the configuration of the multi-family buildings in this area. Portions o~ the preserve area on ,this site are heavily · /egetated. The Falling Waters development is separated from the subject site by a 15-foot 'wide landscape butler developed with a - =_o .... t'- aml!':' ~weillng ':nj" ~tr'lctures located ~s 'ittle as ~2 feet =rom cl~=~r =-as~aern pzcpertV Soc ..... fy, and that's inc!usi':e of their term. And -'~ %95 sure Why dwelling units ?n lhat u~te were that co:~ti=uratien and iccatlcn, especi3TM development approval, :t was public knowledge Zhar ~he ~djacent ":bject prcpert-:- was -:~cared and :s ' 2cated within Th? .~: .,~ t'.' · '=r boundaries and =i~ie for zo=merciai -=z - ' :veiapment. Never~heiess, s~a~ :~.--- that '.~i~'a~.~.. - ~rTM~ -.- ""~'~in~,. - ~ -~ z~L',.;een_ properties, that r. here zzu~d ke a cumpatl~l~itv zssue ketween subject si,= and Falllnu :':at=rs -. ~ . ~ ...... 2~DI'C'.'~ '.<~l~Ch ,~'I,~;', . iD , -, ", ' ' fie any cumpatluiiity -ssues ~zeE',.;een 2hose Last~_,v, ,- ',;anted to make vou, ~'..;ar~ ........ ,--~ ~ ,-,~col:~t '~ ~ ~%e from residents within lbo Faf'lng >;aters ie'.'elzpmen'-. 256 signatures out sf apprcximatel':' 'SO i',.'ei' ~ ......., n'"z also received a cop}' ~.= ~ ~,~'r~er sent '~ the Boa .......... of Young}' 'fcmmiss~one::: and a letter addressed zc m?'self. i just wanted to make you aware of this, because ; know the careful considera[ion tha~ you all give ro the public inpu[ at these hearings, but I'm having a little bit of difficulty interpreting the desires of the people based on these letters, and 'ha[ 's why i handed you out a copy of %he petition. What i'd like ~o do is just read the verba[im portion of the petition, which a~tempts ~o convey these desires with the thoughts that perhaps you would -- may be able to de~ermine what exactly petition says. Specifically the perition reads, and i'm only reading a portion: lhoc the rezoning :c C-4 or _ '~-2, with tho noise -',nd disrup[ion allows, will be a safe~y hazard to all of us and brLng abou~ the extinction of the wildlife. We request tha~ you, the Count}' Commissioners, give diligen[ thought to denying this pet.ition favor of a highly mitigated alternative, one that would maintain appropriate buffer from the ':iow, noise, 'ighting, .~nd safe~}' hazards, and maintain vegetation and hablta% for wildlife. My thoughts are -hat wlbh mitigating factors that %he residents would not be opposed to some [ype of commercial zoning. But unfortuna[ely from this cozz=zpondence i -~'L i:~'_~:zp,==L specifica[i}' whaZ those mitigating factors are. So in recognizing that the subject petition is consistent with ~he Growth Management Plan and surrounding approved commercial projects, and that with sufficient buffeting, and wiLh Lhe ilmlta%icns ~f -.he :-eZCnlng as voiunteeren ~:'.' -::e ::e ..... nor ~omua~!b!iit':- bet''~''~,~ ........ '~ ur~.~c~'ies~ can "'e ~-~',~',,~C~ Board ,-~ Csuntv Comm~ss~c~ers, '..,'iLh the ~t .... ' .~ , , the ~tached zrdinance and amended as fallows. And _ xeed '-c development o~ the sLte shall incoruorate an Lnterccnnec~ion between =uD~ .... sLte and %he Falilnc :';aters ie';eispment ~3 "he south pedestrian access. The reason for that is t~at port/on cf Fal!in~:~ Waters Boulevard ;s uoinc to be vacated and ;" ~act's ~,,.~rr_nt~'' developed as -- and shown on the~ master plan as oDen space and recreation area. And ~h~re is a pedestrian access %ra~! that tuns down in that area. Sc there 'would be no way we could actually do ';ehlc'd!ar nterccnnec~ ,.er _ ''i also like -- nc~e changes -- 2tlruia~sns ~:c. and ' ~n star~. reDcrt. . Le~ ' _~ see if can ce~. ._ those . SDec'. ,~ ~ ~ rally a5 the request cf Ed Kan[. And zha~ would be stipulation Ho. [n the report, zhe ias5 sentence. Upcn iedica~lcn o~ the r~ght-'0f-way to Collier County, the cet[tlcner may -- rather "nan ',;:i~ -- ho ~o receive impact ~ee credits. And the second amendment would be Nc. ~: Access 1?, t~he development shall be in accordance with the policy ~or access managemen~ for arterial and collector roadways in Collier County, Resolution No. 92-442, as it may be amended and per the Florida Department cf Transportation requ!rements. Lastl~, i just wanted tc ca~. your a~=enEion zo the buffer stipulation, if you haven't already read it. Staff is recommending that the required 'andscape buffer adjacent zo the western property boundary shall be a minimum of 50 fee~ wide. and shall incorporate existing na~i-ze vegetation to the greatest extent possible. This site is very heavily vegetated, and that t'~e of landscape buffer staff felt would really serve to buffer residential and commercial uses. Where the landscape buffer abuts the adjacent property ~o the east, Tract E, which is a C~ress Preserve area, the required landscape buffer may be reduced to 30 feet. That's all I have. If you have any questions. C~IR~ BRUET: ~y further questions of staff? I got a question for Ed on the will and may. There's quite a difference there. MR. Y~T: Edwaru Kant, Transpur~atiun Services Director. You're correct, Commissioner. C~I~ BRUET: There's quite a difference. MR. ~T: Well. the issue is 5hat by putting will, ~hat is a grant; whereas, only ~he Board of County Commissioners can provide :;ad Lmoact Zee -'re~'-s ':nder De-eiope~ '~ -~.;-.- - . .... n~--.u~lon Agreement. ~-herefcrP. we have a..,a:s been very careful ts mrc'.'~de wordinc %hose s~ Duia~ ~ ohs Wnl-~ ~ndicates -hat -~ ~ ~redl7 ~.%v ' - --' ...os_ s he ~vallaDle. But s~aff tr an advisory board ~s -~ -- a. cos -~ make 5hat a 9ran~. 3F~IRM~M BRUET~ ?hank vcu. "nderstand. 2CMMI SS iONER 2A'7' 3 ~ v- 2ha~rman, ' f i ~zuli ~sk Hs. >~urrav ~ues%~cn. You uaiked abcu~ zhe landscape buffer mit~za%~n~ some 'cmsa~ibility :ssues .... ui~ '.'on -hara~,erlze ha._ ~cr me ~s -- are we ' ' ' ' -a~;<inc abou~ ........ ~ ~cubled i. he '.{idt~ ~- ~ :-" ., ,r ~n~ens:zv ~ the buffer? - - - ..... ~'c%'ma~ , - - "ha~ would 2e -'..,'o ~xci a ha; · -~mes -he requiremens. And again, as ! men[ioned, lhat area heavily vegetated. RaEher than planting -- taking that vegetation au[ and p!an~ing trees 2~ fees on center, as would be required by code, we would expec5 thai they could leave the remaininc -- or the existing vegetation and create not only a distance buffer, but a very mature landscape buffer that would really have the effect of blocking views and noise from the surrounding properties. CO~ISSIONER DAVIS: Which gets to the comments you read us from the petition that we read. MS ~y: m CO~ISSIONER DAVIS: So basically from i5 -c ~0, and leaving ~hat very dense existing foliage. MS. M~y: Correct. ~d there's also a berm, as - mentioned, ..... ~ ......... at '.,;i~ ~ ' ...... a~sc help COMMISSIONER DAVIS: Thank you. CF~IP~ BRUET: Any fursher questions cf ssaff? COMMISSIONER IRAGESSER: ' '!i wait. C~IP~ BRUET: Does peri[loner care 'c address lhe Board? Apparently he does. MR. YOV~OVICH: Just briefly. For the record, Rich Yovanovich. r represent the petitioner. ' also have with me Blair Foley, who's the engineer for the project, Chuck Mohlke, who did the marketing study, and I also have Lou Brenner, who's a representative of the individual who wishes to purchase the front five acres of this property. [ need to correct for hhe record real quickly, we're not a~king to -- what we want tc do on this petition is we wan~ to have C-4 uses, limited us%s, on the front portion of the property and agree to allow the t~es of uses we could put on the back !5 acres to C-2 uses. We're not asking to amend our petition to say C-4 zoning on -he frsn5, i-2 cn %ne 2acm. >~ha~ '..;e're 5sKlng =_~ s £-4 baslcaliv ~ %he entire zromertv, Out limi~ curseif zo 2-2 uses all cf 'he C-2 develcpmen~a! res~r/cnicns cn ~he hack l.~ %creg. And as you'll see, what we've proposed zs actually C-2 ~eveioDmental. rest.zc-~ons- ~- on ~he. front fi';e acres, as we~l' as ~ar' %he increased berm cr buffer and reduced height. But we wanted %z ~ake it real clear which C-4 ~'~e uses could not ~c cn the ~ront acres, whirh we've handed out. But that's ~he one thine - wanted to ..... ~ _ - ,o ..... cn ~he record -here's nc ccn="s%cn-- as zo what we'-=_ ..... askinc ~-~ ~nd '..,'hat dimetapp- we're ';o!untarii-:- imposing upon ourself thrcuch "his uet~zion process. i a!sn wanted ~z mako ~- ~=a~ lear _ ~- . c , =s _.san ~cln%ed out. '~- uses with certain lim;tations is ccmpatib!e for -he entire '0 acres. >ge ha'/e '.'oluntarilv chosen to ~duc= the "~ ~; us .... :? es that ~o on the back l~. So there is reai!v not a .compatibi!it-.' 'ssue '.~ith what we're ~skin=. We".'e handed out zs vzu a -susie si exhit~%s sncw~ng a ronceptuai plan for -he iron[ ~ive acres, and wna5 staff has asked '~3 · as do cn the entire side as far as -he tufiers ts 2.'!us~ra~e better for 'you what we're agreeing ~o. We have no problems with staff's recommenda[ions. We can live with them. And we think staff's done a very 9ood job cf explaining ~he petition. Unless you have any specific questions from me or any of our individual people here, we'll wait ~o respond to any specific questions the public may raise, or you may have. COMMISSIONER WRAGE: These -- the eliminated uses are strict!v for the C-4 part? MR. YOVANOVICH: For the front five acres and there w~ll be nothing but C-2 uses on the back !5. COMMISSIONER WRAGE: Okay· There's nothing eliminated out of -he C-2 uses in the back part. MR. YOVANOVICH: Right. COMMISSIONER :{PAGE: Not hating this in fronl of me and just received it, can ';cu. tire, me some ~dea wha5 some o~ 'hese_ uses are? · "'~ for one 'we ';~ agreed here will be no MR YOVANOV!CH: ,~ ..... , _ - communication 5owers on %he propert'f. We'ue agreed there 'will be if you'll give me a second, I'll tell you exactl'? 'what we";e eliminated. We've agreed to no amusements or recreational services, no automobile dealerships, no auto repair, no glass and glazing work, nc -- kind of the ironic one is no marinas. But we'Te tried to eliminate all of what we believe are non -- you know, are just not appropriate for the surrounding neighborhoods. So we've eliminated what we believe are the more intense uses. -~MM=SS!ONER , - -.,c~_asec appeara ~es~heuics {s ~ar ss landscaping ~ces? Because as l.'~u kno'~., zh!s ~ommunit?- has higher s~andards for wha~ we -- wha~ buildings. ?~e had a lot of feedbac~ when Toys-R-Us and Sports ~u~horltv -. sc i'm 'ust ~uricus ~ .,~ ;';algreen,s? , .,a~_ you pursued MR. ¥OV~MOV!CH: Mr. Brenner is here. And - b=~ieve tha~ 'hev'-;e committed 'c doinc more than ~;hat the Collier icun~¥, code rrent!?, requires as far as architecu,ural appearance and iandscasi,~c ~es. And if }'ou'!i note ~'s actual-., - ' ' ~ ~, furthes~ away }s~n iai ?rcpe~-,, ~: "~s .-~.-- he COMMISSI', , ~ ~ ..... =-,: RighE, su~ 'hau rear urss~r:... '..;iii be .,,o~_ appealing as far as presenEatlon~ ' MR. Y©VAJ~OViCH: "/es. COMMISSIONER URB~;iK: Yhanks. CHAiPdVukN SRUET: Any furEher cuesEions off 'ho u~h.hioner? COMMISSIONER ,-~ .... - _ _ =.~==oSER: Yes. When you -- and piggybacking cn the o[her Ccmmiss:oner,s comments, when you look au this parcel, it will enjoy unite a bi~ highway visibility. And what we are ~- ' ~-/lng to achieve out into the future, beginning immediately, is a better highway image for all cf our commercial intersections. Those are going to ~e 5he character defining elements of Collier County. ! don't see an'/~hing here in this initial proposal that tells me there,s a common architectural theme to this land use 5hat you have. You have a Waigreen0s on [he corner, which we're seeing a lot of these freestanding Walgreens, Eckerds, and they do stand alone. The-., don't exhibit any ;isible tie to anything that surrounds ~hem. ?he',.. don't add anything to the character of the communit-:,. I don't mean Eo ~ ~ust hit you here, but is there any desire on the part of petitioner to create a common architectural ~heme to the use of the property 'hey have here today? MR. YOVANOVICH: At this point, I'd like to answer the question as yes, that's been discussed abou[ a common architectural [heme. Unfortunately at [his point, '~'e don't have any specific plans for [he remaining back '5 acres. But we would like to make sure that is aestheti-a_i}. '!.~¢i [ogether is ~he answer. MS. ML~RAY: Mr. Chairman, if ! ma},? The code also does provide for that. In fac[, it specifically recognizes properties at intersections of major roads as focal points. And as such, it does actually require some additional ~rck:~ec~urai fea~u*'=s ~^ ex~and and .~resen5 -ha% i':lue :: ..~,_a~a -c the community. ~- ~ ' '-F~ ..... ~. ~ ~ ....... 3 .... 2U' rli:%~, "nOse zraw~nEs 5nas vcu ~a','e -here7 How ',..'~i' :,.'e zee ihcse? . - ............ z~u i spea,: ' lnlS. ............ ,~mme~,_lai ~ les ..... ~s Susar: -h~= ~ ~ e','a-; ............... -:ns~ SCENE. ~xd '..;esl. Hcwe-'er, it !:osn'i :"~all'.' --,e_~m,n~ plan ~pTrt'.-a~ srscess and 'he review -f the ~n-house ~rchitec~ ~nd -~ _:-s~=De ~rrhi'~- ~erminu ind --; '{ ............ - · , -:~a_t icnai landscaping, -tees ~::d -he s:ies :! ':he lrees will ~se required. · we've done several prelects recenuly we've brought Se[ore this soarc that have met those concerns. COMMISSIONER ?P, AGESSER: Okay. So fnr example, }'ou've got Waigreen's that's going :o be -- ! mean, ~us~ assuming vcu have Walcreen's and ~ 's coing :o ~e ~ a he'~ ~ , - -~ _ s~ ich,. si ','hat even a~ the highest point? MR. FOLEY: i 'hink it's less ~han 35 feet. CCMMISSIONER UP~GESSER: Okay. .~d then you're .- %he adjacent Phase i C-4, you've gct po[ential building height of ~0 feet? · ~o YOV~OViCH: N'e .,e_d - ~or the record, we've agreed reduce i~ ~as_d cn some feedback we've had from the neighbcrhood 25. So ',;e need ~o change that frcm 50 'o 35. COMMISSIONER URAGESSER: So am - understanding ~.ha5 ycu're .~,,,m_. inc ts a ~cmmo~ a~ ~=~'~"a~ ineme ~-~ ~h~ ~n5~ ~hase MR. FOLEY: At 'his 5ime, we can't ucmmit *o "hat, unfcr~una[e!v. We icn't have any plans, speclfic deveiopmen~ plans. !or 5he balance of -he piece. However, when we do move forward any sort cf developmen~ order, those architectural elements that are drafted into the new code will have to be adhered to. We hope that we can put together a plan, a common architectural theme with common roof t~es and landscape themes and entry signs. You know, that certainly would be what our client has in mind, but we just haven't gotten to that point yet. CO~ISSIONER T~GESSER: Thank you. COMMISSIONER DAVIS: Ms. Tragesser, i think 5he o[her 5hing -- !'ye wondered about why this wasn't a P~, and I was going to ask that question. But i think i begin to understand why it's not a P~, which would lock in a lot of things. ................. evei sro~aolv =~are in -'-~ nex~ slx ts elg~ months. 'he ~rrSi~ec~ural s~andards are protabl?- qoinc ts 'change again an~ become even more zntens!fied, and 'his project's golng ~c get caugh~ ~n iha~. ?OMMISSiONER TRAGESSER: "k~,, lcod MR. YOVANOViCH: Any other ['.]~51 C~iR/~ BRUET ;thy cthe Z, o of . r ~u~sticns the Pet't~oner? MR. NINO: Mr. ~hairman, have '~'~ee reclstereC speakers. Eon Yuter. John Rafuse, Hans Anderson. - 'iF~IR~ BRUET ~= could remind the speakers that you will be '~ted to five m:nutes. And once a ~'~taln teuic s addressed will be sufflc~en[. And .: you ha';e ^~,~ ' '- - ...... r issues you 'want .ng up rela~ed ~c the pe~[~,.~. '..~e'd 'cv~ ~ hear ~hem, , s~ ke redundant. ~ .... - but let s 50 ahead, sir. ;.[R. YUTER: '.'er}- =cod. >?,' name '= Non l'u~er, l'u lhe presiden5 .... _ Ha,.e~s Homeo~'ners, Association al.-:o am ~he ie,z~:~n~ s represen~a~iv~ ~ he nays :';a~er,'Fa~,ing :';a~ers Group. -~';e 'n Cascades and i'm a resident there in 'he F.3il!nu >~a~ers 2cmmuni[y, so - have kind 3f three ';es[ed interesss 2s ',~hv !'m here. Firs~ of all. -'d like ~o thank the petitioner for ~aking his ~ime to visit the Failing Waters community. He tack the ~ime to go ahead and present himself before approximately, i'm just guessing at Ibis, about 75 people. He explained abou~ 90 percen[ of what he proposed 'oda}.,, and came forward and li';ed up to wha[ he explained to me and ~o the members there. I'd like to thank him in advance of an}, consideration lhat you have for what you have -- what he has done for us. By limiting the height to 35 feet, that was a major step tha5 'we .~ed to take place. By limiting the uses on the frcn~ five acres cn the modified C-4, which I like to have expanded on -- put it on record on a public basis. The uses that he is prcpos~nu' I support Okay. I do not have a problem with that ~nd h~ ~ffec.', - - - ~l;e use of C- z in ~he back 15 acres, okay, is no objections to myself. What I think -- i represent the Association. We have two major issues with the developer,s petition. And by the way. 'we do support it going forward, but we do ask this body to lock into it as it goes forward. That the access to the community is one of cur major concerns. As you're aware, this community has a righ[ in and ~ight out The righ~ in would pr=~ont a .......... ~ · -~ ~ .... a .... ia in ,%ne Falling Waters entrance. What -- I don't 'want to be a traffic engineer, I don't wan~ to belabor the point, but i request that the staff look into a way of possibly granting the petitioner a way of accessing through £an~a Barbara, Sc-.- ina irsnt ~i',,~ and -ho nac~ -~ ac-~ , -ho requ/remen:s :~ta: '.,,'e have a ' :- fgc: tE~;~r .~nd '.,,'haSher :~ '.,,'as poor uianning on Fa :nu >;at-rs' - - :: -~mo','Lng 'hcse. ?.S ...... ' :,~ rc &ware. fO leu: s~eems ac Se a L9 number, BuE real.[t..- 't's not. We're asklns fzr ~ combination -~ ' ~rea ltd -~o -~ addressln~ -~ buff~ · ,- way i~ SeEs accessed. -~ .... ' ,. ~- ':'ou put a road r~ght a[ "he ~'i, :oct, '~ s one thins, if you put a road access zn at '00 foo'a, ,-'~ a different thinu. ~o ' think cur concerns are how that realz,, interfaces with .... ~, '' - · -.~mmu .... Les :hat are abutting 'he area. So far what -'va heard from the residents, zt's something very simple. There's a need f-ur :hose services, but there's not ~ need create a traffic problem at the front ~= nut entrance. As ?'ou re aware there'- ~ o- ' , . . . - o ~e_,, man',, csn';ersa~ions "o .~sk =st petitlcn for lcht there, 'which Ls not ~cing ~o ever happen, apparently. But :s a major traffic problem at that entrance. >;e ask )'ou and we request that you consider '):at as a major issue, a problem. The only thing that i'd like to do is -~nfirm ~ha~ with he petitioner, ~h_ C-4 mosL~zcatLons that under 2.2.15.21, items 2 through 5 have been eliminated from his proposal. Item No. 9 has been eliminated. There was a clarification on that No. 9 with i~im that he was allowed -- ~fou want to clarify that? MR. YOVANOVICH: No, go ahead. MR. REUTTER: .)kay. 7ha~ thaE wc.u:~ ~,= 'i~-~ a - - :~ ~he)' 'o nave, 'what is Lt ~ Sprln: telephone shop -ha~ sells te].ephcnes. :hat would be fine, tut no outside cables. That would be No. 9. The other uses would be, of course, :.~o. '~, no marina there. And then .the -- ~il -ho ~'ems ;~ - .... i. ....... : ' -- the architectural amusement, automobile -_ excuse me, not all of them. Excuse me, 2.2.15.3. i, 2, 4, 5, 7, 8, 9, 14, and 16 would be excluded from the C-4 use. With those in mind, I'll pass. Thank you for )'our time CHAIRRAN BRUET: Thank you. ' · COM~dISSIONER PRIDDY: Mr. Chairman, I think it's perhaps important to remind the members of Falling Waters that might be here that they had an access out on the Santa Barbara and could have accessed a traffic light at Santa Barbara to get onto Davis Boulevard, but their community several years ago chose to close that access off. CHAIPJ~ ERUEY: A li~le nis~o£y there, apparently. MR. YUTER: Yeah. i apologize for leaving, too. There was one other thing. The petitioner spoke about an access, a direct pedestrian access, to the community. The petitioner has agreed with the Failinu Water management ~eam to allow that. But 'i ihev '.,'ii' ce --ns:a''ing a ~aue a~ 5nelr expense ~Ka'v' ~niv be an =cress .... he - , - , so re ',.,'ouid ' ~' .... residents ~f F~!!inu ;.;a~ ~ - '- - _ =~-s. And hat ',;ou -~, ' ......... : --.~- '.','c~id ;.a'.'~ ' '~iy -~ccess ~ur residents. . 3 no~ a general access for he uenerai pubilc. Exc~se me. ' _ . C~iR:~$ BRUET: Thank you. --hank -.c,~ : .... mmlss~cner, fcr ~ne _~%- e z~s5crv Next =~ak~ ').~ MR. NINO: John Rafuse. CSMMiSS -- -.mation ZT~m :,!r. ';'ovanovLch ~' a comment :n tha', -~ at least -'d iik~ 'o hear 2: MR. YOV~2;OViCH: ' ' ~ . - wii ' :~ .. he -hi~> ,~: - ~.m.e,,~ tn ' uses. Mv ......... s '.'su e:.;e .il i'.' which ca.es '...'i i ~ -icrc DUE . ;-ia '!id -- *'~ '<: i s~ec:f'ca!iv "es~r"~. '-:::der 'l~te¢:erv . right .... - ' - . _ . ~ -~ ::u.. ~ 13,3 -' :.r"---~ /ta~itn ..... ha~ carrel ~f grzperrv. . - : ...... 2N 2 - '- Nrcne ..... A using ~hac lerm sosei}- as far as -- 'he frcn~ ~i';e R~'v,~; agreed lo !o 'haL. ~ ...... ',,'e ye And i don't Seiieve we a~re~d to ~liminaL~ No 14 which health services ~ ~ - ' - - . , ' , ~e-ause, frankly, 'we're a little concerned tha~ aha:'s a little close to where Walgreen,s is. So we 'wanted to leave 14 in. But other than that, we've agreed to all those other uses. COMMISSIONER DAVIS: Okay. He didn't mean 14 Good C~I~ BRUET: Thank you. ' · Please state your name, please, . MR P~FUS=: Good morning. My name is John Rafdse. i'm a registered architect and i live in Cascades at Falling Waters at one of the units that locks directly across out over this particular parcel, i'm aisc a me.er of the board of directors for the unit uwners in Cascades cf Faliinu Waters. And i'm encouraged by what !'m hearin9 a io~ of the Board me.ers talk about for compatibility awareness and things like character of ;ne street-scape, i'm not a regis[ered architect Florida. -'m from several :~ew England s[a~es. But i would like respond to some of the application items and what's going on here. I have to ask ~'cu to please excuse some of the lack of refinemen~ in - ' ~hls scatement, because we've had only abou~ ~hree weeks -- less than three 'weeks to address this problem, We received the notice a little Sit after the 15th of January. During that time, we squeezed in a lot of homework in preparation for this. We had numerous interactions with the plannin9 group, and ';err progressive discussions with the attornay, with the o~er, 'which i'd like ~o also thank him for honest. · He s been very open and We at Falling Waters, as Ron said, are not opposed to a responsible apPropriate development in our area. We recognize Chat icmmunl-v Growth ts ~i natural kenef!clai =vciutlon. ~hat ~h~ d~"~i~-~ ..... - However, we ...... ~ ....... ~-oposa= within a mi!~ ^~ - .-n~_'-- .ne '~o ~urther tn 5a','~s Road a~ KinGs Lake and The 3z!ter she a m~ie ~way at the [ntersection of Santa Barbara and Radio Road, is dIi'.'en a lot more by dollars end not sense, so lo speak. 'Our own 7ez[zlon before you signed hy 265 homeowners demonstrates thaz :sncern, es Susan Murray mentioned to you. lh~ rps{.~,in~s if ?allin~ W-- ~ d~e.s have made a good faith effort assist ~n finding the safest, most appropriate and reasonabl.,- ~esthe~ic resolu~isn io the proposal for rezoning, which is due eas~ of our homes. We've studied the sit~ation carefully as much as we can in 'he allotted time, and taken significant steps ~o understand ~he needs ~= ~ ~,. the owners sf the ~ ' . - pa,,e~ and measure It responsibly 'with _he needs of the homeowners. Our conclusion is that a C-2 designation, something that's a 'ittie more neighborhood friendly, is more reasonable than a C-4. io realize that the roncessicns lhat 'he owner and t~ att ...... /s made makes it ';erv slmllar to a c 2. i don ~ understand why [t can,~ 3ust be called a C-2. think that ongoing negotiations and discussions we m;-'~~ - ' -~,.~ ~et a lot closer on that. Perhaps the single most impressive ~ssue Zhat's comes to ls the unsafe ~af~.ic condition. I'm not going to go into that, -~ ~ - light because you asked that only one speaker address that. Ron Yuter's talked about it. Ail you have to do is drive up and down there and imagine the U-turns and you can see for yourself r'l! l~ave that one alone. · . _ CHAiR~UIN BRUET: Thank you. MR. PRFUSE: The next ~rominenr issue -' · ~ - =na~ we have is the talk about the Collier County Growth Manapement Plan mixed use activity Ten~ ~ ~e~s. ;end i have given myself a quick education on those. This calls for 'he effective concentration of the commercial ieveiopment at strategic road intersection locations throughout the county. /%nd there is a land use plan that shows those. We call upon rna Planning Commission and the Board to give greater consideration to the fact that just one mile to the north, as I mentioned, there exists the very model of an activity center, as defined by the Growth Management Plan. It also states that these centers shall be no closer than two miles. What we're looking for here is a consideration not to duplicate the same thing that's happened right up at Radio Road and Santa Barbara. And even though it's not officially designated as an activity center, to use the common phraseology, if it looks like a duck, swims like a duck and acts like a duck, it's a duck. The Radio Road/Santa Barbara intersection has two shopping -- two supermarkets, two video stores, two gas stations, two banks, et cetera, et cetera, et cetera. It is, for all intent and purposes, with the Berkshire Lakes, a mixed use activity center. i, caln '..;e' ~ .... ~ -cKir. c -o ~!imlnate com,,me~ ' -ust askinc for ?cnslderatlcn ~[ the ma]crit'.'-f '.he 'cmmerclal Ue feel '" .~culi he 'rresuons~bie :c 3uzuc:~ 'ne ;rc'...'ch s~ .... substantial ccmmerc:a~ deTeicpment in areas surrounded b'.' -- i ~eei 's more residential, ' iml%ed zcmmer~lai and as c~ '.'et '.:ndeveicDed =q .... ~ture lands. '..:~l!d ask - · and .... ~ heard some c~rm~ .... ~ ..... :(~av ~a% here RmOEc zhe Board the '~'e re ~:ind ~f lcoklnc ~o~darc. 7he,re ~re '.andscape requ~ ..... · zcundar-,. =or she act i'.':tv rent~ shat at some -~ .......... ~.,. future wcu!d '~e z~kln3 ulace '..;h~ch '.,:cu!d exclude ~hiz .... bls -o -- ~his ucmmerclai ce .o . n,_r not 50 be deve ~ cpc~; Bu- arn .u fur a mitlga~ed sc!ution, as stated in ;he Fe;it;,;:;. . thlnk 's !soking fcr;vard and ncu ~ackwards. The third issue ;s~ 'f ;surse, -he environmenua; "cncern. Aha ;=s Susan pointed ou~, ;he parcel ;n question has bo~h vegetative and ,~=dlife species that require the limited development c~ the parcel. No studies yet, even at the conceptual level, have ~een ;ffered to 5ddress uhe issue. And ' understand thau may happen ~- :~ 'auer s~age. Ihere is a C~ress Hedge vegetative area iden~lESed cn cur parcel that you can see in green on ~his plan uSght here. Our 'understanding is tha~ it's even greater on the parcel across the way. ~d my understanding oE the special treatment area b~' ~.he state is ;hat that would ~e~i';e - ~; ~ ~ ~ ope~a~ ~reatment for tha~ ihe wildlife ~ha~ we'~e ~alking about cue ;here cuns.;s~ of several species oE protected birds, and one of them is ~he American eagle. ;ge ' ~e not ' 9eking to crea~.e ~ ~Erkscre,~, ~',,'am~; .]ancE~ar%' Suite, zone =hat's drawn right here, a 50-too~ s~r2p, would absolutely eliminate that wildlife. Bu~ ~ast, but no means ~he least importan~ -ssue, :s %he lmpiementation of the appropriate architectural and landscape buffer between the commercial rezone and the adjacent residential home sites. That's what we, the homeo~ers, look out our front doors and see. Unlike most other residential developments that might be a~ for instance, Berkshire Lakes or King's Lake or other areas, our homes are oriented with their front porch view out across the parcel in quest ion. Therefore, to us ~he buffer must be more substantial than as allowed by simply the code statements to screen Li~e t]a[~er aspec5s of urban development, which is to borrow a phrase directly from the GMP, the Growth Management Plan. This will also more easily allow for the protection of the wildlife and the vegetation, which is so fast disappearing in the neighborhood and the strees-scapes. The ~o-see-'e~ -s;' ',..'~ic~ am ' ~ ..... ;-~ - , D .... ~ .... lrom £cmethi:~c ':'oil saw l~ .a..ier. seems to make a ici of sense -n 'ts. And if :=u~-'t see it, :f '..'~ .... '.: ..... .... . ........ smei '- ~nc · = '.<e 7pui~Jn'% hear '-. ~:'s going to :mpac: us a ici less and there's a lot more that 'we d ~o along to. 7herefore, 'we offer -h= foilcw~n= soec f:c .... · for "- - . : .... mmencat~ons 2-2 commercial :onin~ ~ver the ful~ 2S-acre ~arcei ..;ith -he concessions. And i think that when we nave an cngoing discussion with the attorney, we might get '.'er':' close to 'his. We would ask that there be no 24-imur estaslishments. We ask -hat 'here be more discussion on the restricted uses: ~asoline stations, automotive, and especially miscel!anecus repairs, which between the C-2 groups ?f -- that are al~ · _ - . .o~abl~ and he '2-.4 srouss 'hat are allowed under m~ ~ " -c--ianeous repair, ~tem N£. i~ the C-4 ~ro~Ds under misce~a~ec~Js repai. ~ ,~.,~ es fa .... . ~e.,, ~ are r more extensive %hah 'hey are in '£-2. 7erhans in cur enacina i' sc~lssi,c:ie ',,ye cail '~ok 5t what 5hcse "se~ -.--= 5nd ':sme is an acr==~= ..... · , 2hose. . ............... :nL some We think that" ~ne._ are certain uses that should be :~ermitted .~n addition to the ~-2 And acain we'r~ .... ' - ' , - ~.;lng c move ~cgether towards that neutral pci. nt for 5he inclusion and the benefit of the developer. For instance, we 'would have no problem with the liquor store inclusion, which is ~'/pica! to a Walgreen's situation. That brings 'you more towards a C-3 or perhaps towards a C-4 use. But we think that can be done with a C-2 going forward. We'd also like to ask that the buffer zone be extended to more like !00 feet, the last 20 feet of which would be -- consist of a berm, some installed vegetation, which would be 80 percent opacity within one year. Again, trying to work with the code. Essentially, building an alternative B and an alternative C buffer at the developed side of the buffer itself. i must point cut here ~hat the existing vegetation that's out there in the form of the Cypress Head and some of the Slashed Pines 'hat out there do not make an effective screen, i have 5o disagree with the staff recommendation that it does -- i~ is a densely vegetated area. They have ~rees that are fairly slim, that go up feet without vegetation. The height restriction has already been agreed to for our ongoing discussions with the attorney. We also ask that lighting considerations be carefully looked at and considered. We trust that the ongoing discussions 'with the developer and the owner, reviews for final plans and circulations 'with landscape and architecture, input from both sides, 'will £esul5 in a neighborhood asset, one that will enhance our community. ;~d we pledge our participation in that process. , ~-=--~I, s ::r",,r ~::d ',.,'na[ we .'.-; ~s ~c~ng ~o ~e a 9as s~a~icn and a --Eie';en is no~ ',,~na~ '.,'e ~hink _~mmun,,: ccrner wcu!d i~ck like, tu~ we're · .~'' .... -nc -- ,.,'ork with t',,'ner %c make -hal hazuen. We live here We wish .... ~ ~o ~ ~ .... · ' -' -~ ..... a~o.,, '.4itU. E'ir surrouRdlncs and with suppor~ cf 'he rcv. ntv. ;{e ask 'hat ?'cu. -he Planning Board And 'he Sommissicners, held '~s protect the investment ~f cur homes as you would protect the ~nvestmen[ 'in ':'curs. CF~IR~ BRUET: Thank ':'cu. :ich, Tcuid ~:'cu and Blair ~ust ~aik ~ little S~5 ~ncu~ the 'etland issues here? it dses appear as if there's a urett'y good eserve over there. And ''~ sur= permits are gcinc -c require ~ deve!cD around ti, '3T'~ v, iah~ wane -~ ~et comfcrtaSie '.vith tha~ .... i~,,~., MR. FOLEY: Righs. Ycr the record~ Blair Regarding the wet~ ~ ~an~ issues we nave done som~ ~"~-:iminar), :nves~lga[ions on *he prcpers),. And as the last ~ent'eman did comment, there ;s a perimeter term iccated that acsua~lv blocks their buffer, their preserve, a[ least frcm a viable functioning we~iand standpoint. They have a perimeter berm, as required by thelr water management permit district. So that tends tc negatively affect ~he wetlands on this particular property ~hat we're Drcuosing to rezcne on. ' CF~I~ RRUET~ Kind c~ !sc'ares the twc? MR. FOLEY: i~ kind of isola[es the two. Hot'ever, we will have 5c go through -- uermitt~nc %hrouch the water manacement dist~ct %he U.S. Army Corps cf Engineers for developmen[. And if there is any negative impact on those %'e~lands, '_here will be m~iga~ion required. ~d to my knowledge, it's no~ in an eagle zone, but, of course, the Game and Fresh Water Fish will comment cn any development order application. I'd like to also just make a comment on the landscape buffer. As re~ired by code, 15 feet is what's required. I think that the developer is proposing an adequate 50-foot buffer, and there obviously will be some additional plantings put in there so it can meet the language of the code. ~d lastly, these -- this architectural rendering, if you will, from the Walgreen's, again, does not represent what Collier County will require. There are certain requirements for sidewalks and buffering and planting~ around the bulldinc, as ':'ou all are ~amiliar, i'm sure. But I just wanted to put that ~nto the record. Thank you. C~I~ BRUET: One more speaker, understand. MR. NINO: Hans ~derscn. · · ...... a ..... an, while he's 'em~n~ notlce the asr s~eaker used 'he word '~tt-rn=~, ?men all svncn~ousiv r, ..ct ~, ~ - CF~IR~N BRUET: Okay. - ~ ~ ~ - ' Please sta~e your name. MR. ~DERSON: ''m Hans Anderson, and -'m a res~den~ 7f Wa~ers, ~nd - have prcmert~- the~ And -'m zar~ -~ my -- f~" mvsei~ .... - -- -- '~ s~eak~n~ "- ~' . -, ncZ i~:' tl~:a whcie community. ~ut after hear~n~ what's cone ~ - - _ ~e.,,e me, i ~cn't want tc reduncant so won'- =~eak -c an',' f '-hat, except r-. ..... ~'.'e . visual ~i~',.-= o~ ',.;ha~ __ is your -- we would '!he tc see Protected. Could ','o,, k inc .-Dcn the s~ ..... Fa!!~nc Waters ~ic~ur~ . ~ ~r -" ~ ..... he COMMISSIONER ..... ~,- 77~'- -}lanced '' n ~'e . MR -~2ERS ON: -.-. a'. ...... COMMISSIONER SATES A oiczure cf Mar]orle. MR. ~DERSON: Ail right. NitkouE being redundant about -- and i'~ here to speak ascut :he need for buffer and tk~e cf buffer and ~he naZural benefits. i wanc this group of people to understand tha[ we didn't plan this community, we live there, it's a big amphitheater. You see the natural zone and then a couple ponds, and then surrounding it is condominiums. Now, those are two-story condominiums. ~d everything facing toward this rezoned property is the Lanai area and the essential outdoor living area of all cf these people. So }.'ou've 120-p!us residences, all face this area that's going 5o be changed. That -- and it is like an amphitheater, both for sound and vision. So keeping tka[ in mind we didn,. live Zhere. ' - -- we didn't build it, we The na~urai woods is a good iiEtle buffer. Buc over [he ponds, it's a very clean view. ~d to the left one, oar[icu!ar~y, :~ that is a narrow' bu~e~ ~ . .... ,~re where 5he access road comes in from Davis, and on this plan it shows tha~ it's very close here. You're going ts have traffic noise, vision, and whatever they build in that area. So the need for a buffer {s very valid It's because ever,,, single home here is looking at it. it's not like we're a group cf homes next to a buffer. Every single one looks at that property. The -- also the natural area, the conservation or C}'~ress Head, or whatever you wish to describe it as, is a beautiful little piece of natural woods. ~d the adjacent woods to the property is a very beautiful piece of natural woods. It's kind of a shame to pave over paradise completely. ~d this one is a natural buffer between the properties. ~d it does hold wildlife. We get little alligators coming into the ponds, we get birds circling all ~he time. natural piece of ground. It is a So all i'm :r'."nc -~ dc is paint a vlsuai 7~cture. >ie r~a'.'e "asr ~mphitheater :f hemes 12ckin~ at '.,'nat ..... re ~c .... ,. :;e nave a ~!.c= ~l~l 1= -=t'~ral ~iece ~hg2 real ' '- :s ::a~ura: !v ~ ...... sit rigger than '^'has it shows c.n cur -'csersv =- . · .And we nave a read ~ccess LhaE ; s ulanned ~cr - - now. ~here ma,,, ~e i'esErlEt:ons c:'~m '"he ~wa',' -~ · . ..... . ~ut -he less -- ~he further .... s:s ans :he deeuer :his is ~nd ma ~ - ' · would c:~ntri~u~e wreaclv to -~ - ~ =,,- life values oza lot off people. .~nd this little stretch cf 'woods ~v the way ~s rash woods ~ :','er here. This :s '.'er',- pre:fy terrain And let s not paved over all ~z paradise. THAIRMAN BRUET 2 need ~o remind you ur ~bout up. , s~r '/c five minutes MR. A~DERSON: zhank v.?u. think .... ~ · >:R AN'Z'ERSCN: '-'mders~amd, we've 2o~ scme:nzn~ -: 'are 'ere. ~nd iz wsuld ae :ccd ~:r :he ccmmun~t..-. And :hat'.c SH~IRMAN BRUET: Excuse me Rich do you want o address a -~up_e of quick issues here? ' ' MR. YOVANOViCH: Sure. i just want 's make sur= '''s ~-~oa-~.. - - ,- --- r~, understood 'hat we're going forward with the C-4 request for the entire property. Limited C-4 uses on the front: =!ye acres, C-2 uses on the back 15 acres. it ~s a request ~o rezone C-4 'with those iimihed uses· And I can work with Margie and staff on how we clarify that to show the line ,Df demarcation of different uses on the property. I think we've proper pretty much addressed the neighborhood,s concerns as far as committing to a neighborhood t~e of commercial development by limiting our uses to C-2 type of uses on the back I$. We cannot do a supermarket, so you're not going to have another Publix down there at this point. So it's not 9oin9 to be a duplication of what's a~ the corner of Radio Road and Santa Barbara. Access will be addressed accordin9 to how the count?, requires we address access, i thi~k the buffer, what we've agreed to do, is far in excess of what is required under the code and 9oes -- shows the commitment of the developer to work with the neighborhood. That's really a substantial buffer. Anything more buffering really will, especially since we're iosin9 100 feet to Santa Barbara Boulevard, really makes that site a very narrow site. So the 50-foot is quite a bit to give. But we're committed to giving that. Other than that, unless you have some specific questions from me or Blair or Mr. Mohlke or Mr. Brenner, we're -- ~-~,,~,N SRUET; Are there any further qued-ions ,of the petitioner? One minute. I'll give you one minute. MR. ~FUSE: I just want to point out the concerns of the residents are not just along the north-south route right here. There 's part ~f Fai* ~-C Wa~ers. '.,'nich ts a barbecue area cetera, along .this boundary of the route ~s '..;ell. 'iHAiRMAN qRUET' ; ihlnk the other :~en~ieman m,a:ie -ha .... ,..-.,.-r MR. ?~AFUSE: COMMISSIONER PRiDDY: ?hat was supposed to he a irlvewav. '_-oas. CHAIRMAN BRUET: Thank ':'cu. ot~er soeake.~ to his issue? if no~, '-_ -!ese the public hearinu. COMMISSIONER OATES: "~ Chairman. i wcuid ~c'.'e '...'e =trward Petition R-98-8 ";~ - ~k a reccmmencatlon of approval, subjec~ tc the changes that Ms. Murray same forth with 5he stipulations as chanced by her. COMMISSIONER" ~- ,~P~m: - -- second that. CHAIRMAN BRUET: There is a motion to approve Sy .'-'~ _~mm~ssioner Oates, seconded by Commissioner Wrage. All in favor? COMMISSIONER DAVIS: Mr. Chairman, question. The access, that's the one concern that i still have. Maybe, if you don't, mind, Mr. Kant can address that real quickly. Because as the last gentleman spoke, ! think it is, ~n fact, a spacing dilemma. MR. KANT: Edward Kant, Transportation Director. You're correct, Commissioner. I've been saying that a lot lately. Davis Boulevard, as you're aware, is a state road. It's under the auspices cf FDOT. Their access management policy will control where and if driveways are permitted. Mv familiarly, ,;ith that would lead me to 'me!icrc that that ' probably about as close to tha~ intersection as they're uoing to he able to get. ' i might also pcin~ out ~ha~ on the drawing that 's shown, the large drawing cn the ',;al!, and i think ~here ',;as a colored one here, there's a -- I'm pointing ~o a -- what looks like a cut-through to the property to the north. That's been closed off. So this will be a true right in, right out. As far as access along the future Santa Barbara -- sorry, Livingston Road -- no, Santa Barbara. It's the road on my mind lately. As far as that access is concerned, again, that would have to be in compliance with the county's access management policy. Now,. again, this colored drawing depicts that as a temporary driveway for Phase II. If in fact that's a temporary driveway for Phase II, then he'll get his access almost anywhere along that frontage. He would want it subject to some minimum, which is probably going to be about three or 400 feet south of the intersection. Because that driveway would then disappear whenever Santa Barbara is extended and they would then get an access point off of Santa Barbara Boulevard. ~ uhaE 's reant 'o be a part ~f --he =uture Santa Barbara ~ou!evard, then 'we would have 'c sit down ~nd work ~u~ not only ~ccess bu~ ~he ~-rcss-sect~un. 'he icc~icn cf ~he ac~e s. ~he "'/pe access, 5hat t}~e of thing. And again, that's something that can worked out in ~he future. 'm not unsl~pa~hetic -o what ~he res!dents have said abou~ issu~ of getting 'n and cut ~f Falling Wa~ers Boulevard itself. %'~e";e had several discussions wi~h FEOT, and [ .Kn,~w there has been ''s~ one formal request to FDOT to evaluate that Foint for a - · n~ .... a=icn 'ha~ we've gcu~en oac~ from FDOT is that -~ does not mee~ warrants. And ~he~ policy ts ~ha~ un[ii ~ does meets some ~ra==~ sicna~ "~' ', ..;I, not instal] ._ they won'- authorize ~nstaiiat~ 2:i Cf a slc~a' . · So that's, again, unf~r~u~at~ ........ ~ . MR. FOLEY: Just a ~clicw-u~ real ...... > . ~ CF~!p~ BRUET: Unfortunate~, . =,', 'ye --osed ihe nuh. lic hear;n~ MR. FOLEY: Tha~.'s fine. - - · CHAIR~N BRUET: So ~,- COMMISSIONER T~GESSE~: Mr. Chair, i hate ~o prolong this any longer, but there's a point here that's got me a little unclear. Is it -- am i correct in understanding that the residents of Failing Waters, in order to visit this commercial area, they will have to go out on the arterials, except for pedestrian? MS. M~y: Correct. In order to obtain vehicular access, weald have to go out -- 'hey MR. ~T: Excuse me. Edwards Kant, again. That's correct, don't believe you reme~er this commission ~uoroximate!y th,_e ':'ears aco -- held me with "his Abou~ three years? - ~ ~- CO~ISSIONER PRIDDY: About three years ago. MR. F~T: -- the developer ._ when Failing Waters was riginally approved, Falling Waters Boulevard was to be a road. And ~s is pointed out on this, you can see where the road was originally going to go around and interconnect with Santa Barbara Boulevard. At that time, Falling Waters was not a gated ~ommunity, and they were going to have the two accesses. Shortly after the original approval, the developer petitioned for that to become a gated community. It was approved. Now again, Falling Waters goes back probably 10 years. Possibly longer. I don't remember thu dates. ~out three years ago, that sectio~ ~hat Ms. Murray has colored in in yellow was requested to be vacated in favor of recreational facilities. At that time, I know the Transportation Department voiced an objection to it. However, i be.lteve that it was vacated. 7h~° ,em_ some =~ · ' ~ ea --~ --m_,.~s that were re~alne~ 2ecause -~re ',ve~ st'il utii~ties in ~he~ - -: .... 7rcmiem ~han ',.,'e run ~alnsl ~s e:<ac~ hey have co ~ec 'n %ne~r -ar and drive somewhere ~rcm a hai~ ~ ~iie 'c a mile all che way around ~o c~c a loaf -f bread ant hen hack again. - icesn~' make sense. But cee reaiitv !3 chat -- th.'2 3.:~3wer 1o ?'our [uesCion ~hev will -- yes ~hev '.,,ii~ not have access from inside cmmunit.f c chls corner uf %he ~arcel. CCMMiSS- · zOJER TP~GESSER: ' have a ~uestion. C~I~ BRUET: Jus~ a moment. Marjorie, i need a c!ar~f!raci~r.. '".'e ~csed hearlng and we're havlnu discussion 2ces 'hac discussion go staff7 ' · o~LU_~. : '.'es, _ -21:i~[ ':'~ ua~ ~lsk ~uescic~s Zecause ~he puo!ic zor ..... s 31used then :- s c .... eu ~n ss ' - ..... ' ' ~ ~ ~', ie vcu wish -c reopen ~t. C~I~ BRUET: My question was you know we'r~ this with staff and 'he peuitlcner has a comment, so COMMISSIONER DAVIS: Well, ! think, Mr. Chairman, in the past, if we have a question of the petitioner, we can certainly ask that clarify before we ';o~e. MS. ST~ENT: if ?'ou need the petitioner 'o c!arifv something as part of your deliberations, you could, but -- C~I~ BRUET: iha['s fine. Then my aDologies Quickly. - · MR. YOV~OVICH: %1! I wanted to say ~s that the pedestrian access has been limited to pedestrian access at the request of the neighborhood. That's 'he contribution wanted ~o make. CF~IP~ BRUET: 9kav. Thank ':'ou. Mv amoiccizes. ~Y further discussicn? ' - There's a motion once again made by Commissioner OaSes, seconded by Commissioner Wrage. All in favor? MR. NINO: Does that motion include ~he C-2 considerations? Because i di~'t hear that an~here. C~I~ BRUET: -t was in accordance wi~h the stipula[ions. MS. ST~ENT: it has to be rezoned to C-4, but with the -- MR. NINO: Yes, understand that. MS. ST~ENT: -- c-2 uses limited on the back. MR. NINO: I didn't hear that. CP~I~ BRUET: is ~hat right? MR. YOV~OVICH: ThaE ~s right, i'm assuming that's what happened. C~I~ BRUET: The motion carries, and we'll ~ake a five- minute break. Brief recess. CF~IRMAN BRUET: i'd like to resume %he hear:hz. And we're ccing This being a public hear!rig, all those wlsning -~ speak to this issue, please stand, raise your right hand and repeat after the court reporter. ,Speakers were duly sworn. COMMISSIONER CITES: >:r. Chairman, in revelation, - must say that ! had a conference with Mr Arnold and Mr. -~ h ~-.es cn - is set~-ion. CHAIRMAN BRUE%: also did, Commissioner. COMMISSIONER URB~;iK: - _ had a conversation 'with a r~pr-sentative =~ ~ ~ ~~c.. Eacle C~- and a o t~ ~eti ! COMMISSIONER BUD.L: - suck= '~-~- '.~ Mi>>~ Creek. - .............. . - c: from Eagle iF~I~MAN BRUE-. /hank Susan? MS. MI/RJlAy: Susan Murray, for -~ . .,e record. The petitioner :s requesting a rezoning action from RSF-3 to in order to develcD ccmmerciai structures totaling approximately 45,000 square feet. The site is a six-acre site. It has 550 feet of frontage on State Route 951, and it is located approximately 800 feet south of the intersection of U.S. 41 and State Route 951. The subject site is consistent with the locational criteria for commercial rezoning in that it is located within the current legally effected boundaries of the activity center surroundinc U S 41 and State Route 951. - ' · However, I do need to make '/ou aware that the Board of County' Commissioners has adopted amended activity center boundaries which exclude this site. Specifically, the northern boundary cf the .=v center will be approximately 250 feet north of the noruhern boundary of the subject site. However it ~s immo~'an, .to no~e ~hat rne s~a,f a the Board ' - ~ .... ~ nd are required to evaluate ~_h.s petition, sased on its consistency with the effective boundaries. And as such, this petition is consistent with the locational criteria for commercial rezonin9 as described in the county's Growth Management Plan. It's also important to note that the FLUE intends and encourages the activity centers to be mixed use in nature. Staff did examine the development patterns within this activity center and found that a rezoning of subject site to strictly commercial uses still meets the intent of the mixed use nature of the activity centers. Specifically, when you examine surrounding properties, you will find a combination of projects which have been approved either for strictly commercial uses, strictly residential uses, and public facility type of land uses. ihere are s~,~:~al .... .~uo~''os~-.-- .... wnlcn ~rcnt tn '1.£. .;i and ~re ~urrent!v zoned cr aw= =~r-~ tc '-~ '-=~cned 5n ...... ~ >;hen combined anf e:<am;-~ cn ~ '.<ho~= - = ~- ..... = zeui5ion Us commercla: uses allows -he acu{-',~v n~n~,- ......... as a whole meet 'with the ~Ixed 'dse : nt=~£ 'D~ %he 5c ...... ·~_ . Compatibility ~s %he second .area that staff examined and than it ~,LJ :mpo~ta.:5 %c nc~e that surrounding pzcperties -o' the .... ~ and northeast a~ .... ~-. -- zoned =~- _~mme._iai "=~= ~=,- ] --- ccmmerciai uses '- ~:-;~i= ...... = .... 5- be rezoned for ccmmerc~ai uses~ Development of 'his site for residential uses. 5s it is currently zoned, ccu!d be deemed tc b~ incompatible to 'hese surrounding properties; specificailv, residential Jevelcpment ,on 'he site would be concentrated in a pocket surrounded on two sides by commercial development and cn one s~de with State Route 951. want to put up a different mad to gz'o'e )'cu a ~tt!e hi- better perspective of that. The subject property ~s shown zn pink. immediately to the north of the subject property, which is shown in white, was the one and a half acre piece that was ~=~e~t]v ~=zoned to C-4 ~nd ~ust further tc the north, 'you can see all the heavv dark lines represent the adopted boundaries of the activity center. So as you could see, if this was developed residential, you would actually' kind cf be enclosed in a small pocket here, surrounded by commercial Jeveicpment to the northeast the tort~ and then State Route 951 to ~h_ west For this reason, staff felt that rezoning of ~.n_ subject site to C-4 would be considered ccmcatible wit~ ~ .... . .. ~omme~_ialiy zoned properties or properties which ',;ere eligible to be rezcned for commercial uses. Furthermore, any further expansion of Sta~e Rcute 951 to six lanes and the site's oroximity to the intersection of two major arterial roadways also supports the requested rezoning tc C-4. 550 feet of the site will front on 951, which will provide superior access to the site for commercial uses and make the site less palatable for residential type of land uses The property abutting the subject site to the east, and that would be across State Route 951, is Eagle Creek PUl), which is a residential development. It's significantly separated from the subject site by the existing four-lane road. Development of the site has directed residential land uses away from 951 and the subject site. This site also enjoys an extensive landscape buffer and berm which virtually hides residential structures from the roadway and obstructs views towards the subject site~ Eagle Creek development presently has a full median opening on State Route 951 at an unsignalized intersection. Sound planning principles would encourage development of the subject site with its major access point intersecting that same point on the opposite side of this intersection. This would -- basicai]v what this wou~d accommilsn would be ei~minate unnecessarily dri';ewav cuts on 35! and coupled with interconnection remtirements -~ ~djacent ~rc~er.~~ '...'a i heiD al!evlate an~ take some of -he vehicular traffic cf= rf >51 fha' wan~s to access adjacent commercla!~v zoned ~rcoertles For hese reasons staff is reccmmendin~ amprovai of the _ub ..... '~t~cn. A,nd i need t~ amend -~-~ . - --- ~ - = ..... stipulatlcns wlth ~ca~ - ne Potential for a 5raf~ic sicnal at that ~ntersecticn ~nd some i~te~conn~-~ . . .¢'~ ......... anguace. ''~ coinc -~ let ~= "~" don .~,~ .... -~= P-tlt.lonel i think, has scme anended language. And %f he could present that. . -culi certainly evaluate 'ha~ and ~o.c-~ '.,'nether not that's {olnc ts Se ~cce~tabie. ' Hear;n= none -~';'lcner care c address %he MS. ~3~;OLD: Mv name is Wayne Arnold. and ! would '-n...r wzLh staff's reccmmencations. .~nd i 'hinJ< the revnseC language 'hat i just handed ts Ms. Murray -.- and i'd like to pass out to the balance of 't to the Planning Commissicn. This is in response to the first two stipulations that were related to interccnnectivity and shared access with parcels to the north. ! think what we've ~ried ~o do is -- we concur with what staff,s trying to do. ;knd I think what we've tried to achieve here is a commitment to interconnectivity without specifying exact location, since the neighboring site to the north is yet designed. Ours is not formally designed either. So we're making a commitment here to at least interconnect our two properties, which ! think is what the staff and County transportation s=a¢¢ :]as concurred. - ' == The other area that I wanted to talk about, and it was relative to one of the stipulations on the environmental impact statement. %.cain, we had requested an environmental impact statement ',;aiver as - of our rezoning process, because the site is less than 10 acres ';e had some prior ~ - . -mpac=s, it has a very small amount of area 2hat's going to be jurisdictional wetlands on that s~te. We felt like we've met the requirements for requesting an EIS waiver. And basically, what staff has asked to do is defer that to [he site development plan stage. We think the commitment that they've added is the last stipulation that requires us to have our permits in hand before we start constructing anything on the site, which would be our Army Corps permits as necessary or south border permits, would be adequate provision to ensure that we're not going to negatively fmpact that .resource. ~d we would offer that that stipulation requiring ~n EIS at the time of site plan be eliminated. Again, I apologize, I hadn't spoken with Susan about that previously, but it's something that just came up yesterday in one of our meetings. So I wanted to go ahead and put that cn -he Table. -'d also 'ike te point out that we have men 'wzth representati';es of Eagle Creek and we have addressed some cf their :nitial concerns ~bout sharing ~ccess. ~aying f~r future s:gna~, et 7e~era. And '...', have reached an agreement that 'we have signed as agents for ~he ~ro~ert-¢ owne~ as '...'~!l as Mr Pickwcr~h ~ ~~= n~inc . ........ eD,_se_ Eagle Creek Those conditions -- _ 'hink we have a cop'/, maybe Mr. Pick,worth has copy to hand cut. -'m not sure 'who has that -- Ton,,' i~as than. Those C '~ ondl=~o..s address Eagle C=eek's concerns. .~.. can certainly live with those. And I think you'll hear from them that they're wi~4~ to support our pro,eot cn that basis o~ .the agreement. if you have any other questions, i'd be happy to answer %hem. Tony Pires is here, representing the client, as well as Jeff Pert?', if there are any further questions. CHAIRMAN BRUET: Any further questions of the petitioner at this ' ime ? ~,4M~SSIONER ZAVIS: . Thalrman, ust n the way ct ~isc!osure, i ='¢st '../anted to 3ut 3n 2he record, suo~e '¢:~th Herd Sherwood from Eagle Creek, Mr. ?ires, and Mr. Pickworth. CHAI?34AN BRUET: Thank you. Are there any speakers, Ron? MR. NINO: No, there aren't. CHAiRM3IN BRUET: Anyone in the public care to speak to the issue? And have you been sworn in, sir? MR. PICKWORTH: I'll swear. COMMISSIONER PRIDDY: Mr. ?ires also needs to do that, if he plans on speaking to us. CHAIP34A/g BRUET: Mr. ?ires, care to address this Board? okay. Please swear in Mr. Pickworth. MR. NINO: Swear at him. (Speaker was duly sworn.) MR. PICKWORTH: I'm Don Pickworth, representing the Eagle Creek Community Association. I simply want to affirmatively state on the record that we have reached a set of agreements with the petitioner, which I believe Tony just gave you a copy of those. And that if they become part of the rezoning, then Eagle Creek has no objection to this project and would support the rezoning. That's the only statement we have to make. CHAIRMAN BRUET: Very good. Thank you. COMMISSIONER DAVIS: I have a question, Mr. Chairman. CHAIRMAN BRUET: Certainly. COMMISSIONER DAVIS: The agreement with -- apparently we were just handed. CHAIRMAN BRUET: This fine piece of 'work that Mr. ?ires just brought in? COMMISSIONER 2AViS: it appears to ke last minute, and that's fine. Wcuid you s~a~e for uhe record the arrangement ~ traffic signal? CHAIR~.UtN BRUET: You're going ~o have ~c swear Please swear in Mr. Pires if he has nog keen. Speaker was duly sworn. · .~ .... nv P 'f ' · .... ~ Pir~s an¢: Lombardo. /on,; Pires. What 'we have aqreed ts dc _s, we ,.;ill loin ~n -- -he support aspect cr paying -ne fair share? COMMISSIONER DAVIS: Tell me what Nc. means. MS. PERRY: >re '.,rill pa':' cur fnir :]haze 'zf 7znLr:hu ..... ' ~zwards %he cost of signal ~zr at~ users zf 'hal '-~ ..... ~ ~! zse ~ '-. -~--~-~.. ~..~ A_ ' rs .cf those access point cfr ,cf '?l~t ~cdian -nat is uti!ized for ~he crcjec5 entlance of Eacle ~ree~- a~d ;bLs crc~ec5 CCMMISSIONER 2AViS: £~ ':'~u're sa}'ing in ~,~o. ~ is goinu to pay just their fair share. ' MR. PIRES: Yes. COMMISSIONER DAVIS: Okay. i just wanted to ~ake sure. MR. PIRES: Which I think is consistent with County's policies and practices of fair share contribution towards signalization, yes. That's consistent, as I understand it, with the county's policies. COMMISSIONER DAVIS: I'm sorry, but I was having a little trouble understanding what was there. MR. PIRES: When you have two !a~yers draft~ · ~.,c one Droduc~ -_ CHAIRMCL~ BRUET: Yeah, ~ ~ - ~h,s is what comes cut. MR. PIRES: -- you have a fine product. CHAIR34A. N BRUET: Thank you. Anyone in the audience care to speak ~o the issue? close the public hearinc. COMMISSIONER OATES: Mr. Chairman, i move we forward Petition 98-9 to the Board of County Commissioners with a recommendation of approval, but we need to also add these agreed rcndit:cns. We aisc need to change the -- i think it's item No. ! and No. 2 %hat was submitted by Mr. Pires. And i'd like to go ahead and move that we also waive the ElS. COMMISSIONER BUDD: Second. CHAIRMAN BRUET: There is a motion by Commissioner Oa~es, seconded by Commissioner Budd. Any further discussion? All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Moving to Petition No. CU-98-25. Is it not in our best interest to discuss them both at the same time, or is that not appropriate? COMMISSIONER DAVIS: They're awo different ioc=uions. if not, !'!! --F-AiRMAN ---RUET ~ ......... ,tO: :'~S. STUDENT MR. BAD~4TCHi~I: Same seti::cner, same ~rea. CF~IRMAN BRUET: We'll hear them indi';iduaiiv. iOMMISSIONER 2AViS: he5 you %he second :ne w~'' zc a faster, though, Mr. Tl~a.[rm~n. - CHAIRMAN BRUET: That's true. This being a ~ublic hearing, ~i' -hose '.'.':sh:n~ 's s~ea~ -~ ;ssue, olease stand raise )'cur ; ~- - .- ~ ' r,c..~ hand and repeat a~te ~ne court reporter. - r '+ 'Speakers were dui-,- sworn. CF~IRMAN BRUET: Thank 7'cu. Mr. Badamtchian7 MR. BADAMTCHI~;: 7ood morning, Ccmmiss!cners. >~r. lhahram 3adamtchian from ~!annlng 3ervlces Staff. Mr. Beau Keene, of Keene Engineering, representlns Jo!i'/ Trucking and barry! and Brad Damicc, requestinc a conditional use an earth mininc actl-;i~-,- rna parcel cf land zoned acr-cu!ture. This property's located cn Ange!a Road, ~== ...... fanc%uar}, Road, approximately one mile north -of lmmokalee Road in Section 23. This site consists of 9.~7 acres. They are PrOposing to excavate to a depth of 20 'eet and will be no blasting. - .... Staff has reviewed this petition and recommends approval, subject to the use of ~iiac ~oad as th~ only means of access to this property. - The EAB reviewed this and recommended approval. CHAIRMAN BRUET: Are ~here a lot of these little tits scaZ:erea throughout the general area? it just looks a little different 'hah some, being a small pit as opposed to something large. COMMISSIONER PRIDDY: Soon will be. COM~4ISS~ONER BLrDD: There will be. MR. BADAMTCHIAN: There's fine sand in this area, but ~he properties are small, already subdivided. So individual property o~rners, one by one, come and apply for conditional use for earth mining. The one good thin9 with this is since it's a small site and :hey're only purporting to go 20 feet deep, the activity will be over in a year or two. CHAIRMAN BRUET: Okay. Any other questions of staff? COMMISSIONER PRISDY: i had that ~articular question for the agent as to how long, you know, this might drag on, because i do see a problem with, you know, 10 of them being out there and one mining for a month and then the other. M~. KEfN~: ?or the record, I'm Beau Keene. We estimate about two ':'ears cn '-his ~artlcuiar zlt. CHAIRMAN ~RUET: ==au 's the :he ~ublic, or is ;- ~clng -o be used b,/ :ne or :wo MR KEENEr Str'-:i-,- · - ..... 7ruckins. CHAIP~ BRUET: Yes. ~kav. So that really 'imLts ''s use and activity and traffic impacts and the 'ike, would sa'.' -- .4R. }~ENE: 'les, sir. CHAIPd~ BRUET: -- ,rtL',' havLn= one contract:r '.:se ~!~. ~OMMISSiOMER PF'2D¥: And what are you ~clns lo eno u? wtth after the pit's done? is there {o:ns 'c be a ?:ornesite k:%'fcut, is there just going to '.-= water :~ a herin and 'andscapinc arc;;nd ~:'? MR. KEENE: ':'es. sir ;;e'2l. ;ust have a -ake and There wi~ be no ~m o The setitioner ~iso ~wns ~n adjacent five-acre tract ~hat ~hev may ~.~t a singie-famzlv home on ~ater. but right now there's no plans f - fha ' COMMISSIONER W~GE: is it going to be mined? COMMISSIONER PRIDDY: Well, my concern was withcut ownership of another parcel is, if you finish digging and then quit paying taxes on it, you know, it keccmes a county water hole. COMMISSIONER WRAGE: That was what my question was going to be. In other words, we're going to mine to the maximum extent uossible this site, in other words? MR. KEENEr Correct. COMMISSIONER PRIDDY: And is there bermina and landscaping required around ~h.. MR. BADA~TCHID~: We did not require 'andscaping and berming. We just required fencing around it. We usually require berming 'when there are residences 'within the vicinity and ~t's goinc to -- the berm is going to be active for several ?'ears, and it's uolnc to generate excessive noise. This is just sand, and they're not going to have any blasting. COMMISSIONER pR~ v ,~D,: My concern is, is at the end of two years when they have a nice fishing hole, that their home on five acres overlooks -- you know, what does the perimeter of this look like0 is it a fence with Brazilian peppers? MR. KEENEr Yeah, we have agreed to maintain exotics in perpetuity. There will be a -- you know, hopefully a little nicer than chain-link fence, but that's all they're required to do. And that's how I envision it. COMMISSIONER TRAGESSER: That doesn't bold well for the future for this-co,mmunlty if we continue to have these, an~ then once the intended usage is ended, then -- and as you say, if the surrounding property has no control over the long-range happenings at that particular spot, there are all sorts of opportunities for misfortune. ],laybe %his ~s ..... ~ -ime and %he place. 2uL tt':~ something we need %c take a lock 55. CCMMISSiCNER PR!2D'f: '.'~ah ~a-.-~ ........ ~ - ~ ....~ ..... , ..... have these particularly small rhinos ooo ED that ','~= -hat neighborhood 20 ':'ears from now is not going tc look rea~ '.~eii, ~nd particularly if they mine to the maximum, ':'ou know, -he dirt =rcm this five-acre cr 10-acre parcel without some common ownership. ':'es. .~ ni~e ~'.ut,~te home oveziooking tha~, you know -- CHAIRMAN BRUET: That's very acceptable. COMMISSIONER PRIED'f: -- that's ';ery acsep~asie. But =ct someone to come in with '~ acres, mine all '0 acres, except for 'what the'? have to leave to hold the fence up, ':'cu kncw, -hey ~an~basicailv ~av .... axes "'~= .... ~" and, knc',.,' ic~.e hack 'with no use. ~nd 'would have a concern with ~hat. i'd also have ~ rcncern because at some point scrae of these surrounding properties 'will he hui!t cn as to 'what we're creatinu, }'cu know. for lhem. ;,nd hopefully i['s cc:nc -s he ail fi','e, l'}, acre nice estates overlooking, you know ~is ~ .... ~it,!e lake we don't know thau. COMMISSIONER "~ ~ , ,',.~: i d like %'0 as}: staff what amount o~ land has 'o be left to, quo[e, build a home on this s!5e some 'ia'.,? MR. BAD~%MTCHI~$: The amount of !and thai need %0 be left, zoned agricultural, s'o 'we have 50-foot setback from the road, and then another 50 foot something for the house. In the area of like 150 by 100, 150 would suffice to have a house. COMuMISSIONER WRAGE: Basically, you could have an over-sized lot, in other words. CHAIP~ BRUET: We might be able to make that part of the motion in that the site plan needs to be developed in a pattern tha~ would allow the construction of a single-family home on this lot. MR. NINO: But that -- Ron Nino, for the record. That doesn't preclude somebody from buying this property, [ know it's expensive, and fill in a housing site. COMMISSIONER TP~GESSER: Not likel}'. C~I~ BRUET: Yeah, but it's not ';ery practical. CO~ISSIONER PEDONE: Then you'd have to buy another piece to earth mine to get the -- CO~ISSIONER PRIDDY: Mr. Chairman7 C~I~ BR~T: Yes. COmmiSSIONER PRIDDY: Do you think ':'our client would have a problem with leaving, you know, some minimal amount of land to support a single-family home on this parcel? Yes, he owns the adjacent parcel, but that doesn't mean next week he can't sell it. MR. ~ENE: Sir, i think that the wetland area that we're working around, if you look at your monitors, that's a little over a half an acre is where we call eight-tenths of an acre. I don't reme,,~er if it ' s -aueied tn -~=~o. But '-i~at '/,'as ''iS ......... uaiitv wetland there 'hat '.,'e '~:~= - -.- ="' ~Gain '' ices have ~ cr,[~uous i'.',~ '~c:_'es ..::r: -. ~ow is. ~ n rzgh5 Ln here. CcntlgUCUS =".'e ~cres And we ~idn't feel tt important a~ -he time 50 include %hat 'x the ronditicnai ase n~o ...... :.;~ ~an. zuess ~mend "'~ -:..:n!h_~. tf '.'~u need :as 'c, or -- - a~Drsvinc this 'oavinc . · ...... , vou ,insw. a half an ac~ CH~IiP3~ BRUET: P!~s se2backs. CO~ISSIONER PRIDE'f: ,i~s setbacks cf ni~n. ltv i:ld %hat. you know. a home ccu!d ~e built COMMISSIONER W~GE: Because the ~rcblem see '.~Ith the aGlcln~ng property, he can sell 'hat, move ~',,e',', here. i really have a ur<~blem with -hat. ?F~iP~ BRUET: i can support icmmissicner -rlddv s nroposai. MR. KEENE: Can i ask, are you all comfortable with the site plan, since there is over a half an acre of the hich cualitv wetland area that we're leaving? COMMISSIONER PRIDDY: '.leah. ~ut you can't build -~ :~ome ~n the wetland, either, i mean -- MR. ~ENE: Well, you can get nationwide permits through the Corps. But I guess what we'il do is trim -- pull pa,-~ ~ ~he dog legged part of the leg hack, the northerly leg of CO~ISSIONER PRIDDY: Just don't dig the last 200 feet of the lake in. C~I~; BRUET: You just need to -- i think 'he ~notion is going to say, Beau, that you need to just include enough !and to build a single-family residence on it with the appropriate setbacks for that zoning district. Okay? i think that's about 'he way ~t's coing to read. - CO~ISSIONER W~GE: ~d it needs to have access 7.0 the road. A little island out in the middle of the pond -- C~I~ BRUET: ~solutely. And -- any further questions of the petitioner? ~yone in the public care to speak to the issue? If not, I'll close the public hearing. CO~ISSIONER OATES: Mr. Chairman, I think Mr. Priddy needs to make the motion, because I'm very confused. CO~ISSIONER PRIDDY: Wait until I finish with the motion. I would move that we forward Petition CU-98-25 to the Board of County Commissioners with a recommendation of uunditicxal approval, further stating that enough of the property be left to support a homesite, with keeping in mind that there are 50-foot setbacks and that there needs to be access to a roadway. CO~ISS IONER ~B~4IK: Second. >!ayze this is nzz -~ -ime and ~he piac ............ something we need tz take a look iCMMISSIONER PR!DS'f: ':'eah, - ha'.'e ~cncerns ~f '...'e ?tnt!hue -- have these part .... ar~'' small things pod UD . ': . . ~ha~ '.'es that neighborhood 20 ':'ears from now is not going ~o icok real well, and particularly if they ~ine to the ~aximum, ':'ou know, ~he dirt from this =ire-acre cr '0-acre parcel withou~ some common ownersi:iD, ~ n<-~ ~.ut.~te ,,o,,,= overlooking thau, ':'ou know -- CHAIR]~ BRUET: That's uerv acceDtab!e. COMMISSIONER PRIDDY: ~- that's uer-; 5cceDtaDie. ~u5 ~cr someone 5o come in with ic acres, mine all !0 acres, except ~or '.~ha~ the'? have to leave ~c hold %he fence up '.'o~ >~w 5hey ran basically paying taxes cn -he ~rcperty and. ':'cu know, come hack 7~2 5he with no use. ~nd -'would have a concern wi~h that. i'd also haue a roncern because a5 some -~ Eo~ne cZ ~hese surrounding properties will be built ~,~ as -o '.,'nat we'ro .... '.'cu know, for 5hem. ~.d hcDefu!i}- 2~,~ ccang ~ ~e ai! f~-..~ ' ~. acre nice estates cuerlooking, '/ou knc'~; 5h~s ~,-~.~?- !~5-~ ~ak~, we don'~ know that. ' COMMISSIONER i';P~GE: -'d like zc ask s[aff wha~ amounu of land has ~o be left to, quote, build a home on 5his site some day? MR. BADD~MTCHIAN: The amount of land that need to be left, it's zoned agricultural, so we have 50-foot setback from the road, and then another 50 foot something for the house. In the area of like 150 by 100, 150 would suffice to have a house. COFLMISSIONER WP~AGE: Basically, you could have an over-sized lot, in other words. C~I~ BRUET: We might be able to make 5ha5 par~ of ~he motion in that the site plan needs to be developed in a pattern ~ha~ would allow the construction of a single-family home on 5his !o~. MR. NINO: But that -- Ron Nino, for ~he record. That doesn't preclude somebody from buying 5his property, i know it's expensive, and fill in a housing site. COMMISSIONER TP~GESSER: Not likely. C~I~ BRUET: Yeah, but it's not ';er'/ practical. CO~ISSIONER PEDONE: Then you'd have to buy another piece to earth mine to get ~he -- CO~ISSIONER PRIDDY: Mr. Chairman? C~I~ BR~T: Yes. CO~ISSIONER PRIDDY: Do you ~hink ?'our c!ien~ would have a problem with leaving, you know, some minimal amount of land to support a single-family home on this parcel? Yes, he o~s the adjacen~ parcel, but that doesn't mean next week he can't sell MR. ~ENE: Sir, i think that the wetland area that we're working around, if you look at your monitors, that's a little over a half an acre is where we call eight-tenths of an acre. I don't _{ iOMMISSIONER DAVIS: So the intent si ':'cur mc[~n ns -ha~ ~here be a ';iable single-famii}, homesite incorDorated in %he ~{ite u!an? amendinc zhe site nlan and a ncrzion ~ homesi~e. C~iRMA/g BRUET: J=v=icpment plan he comes ~'- - - .., w~h, ~r is -'his i~? MR. BADAMTCHI~{: No, he's 9oing ts come in ',.'~th imprcuement olan Eu~ -' .... ~= '__ exhibit to the conditional use. And if vou amend zhis e:<hibi- show a homesite. ' believe 'ha~ ',,;outh suffice. CP~iP.MAN BRUET:~>-..=,.=, £tazl-' -'dst -~'- - , adequaue and meets all zhe z~ { ~n.ng regu!a~icns' righ[? ]dR. BADAMTCHI~$: Sure. >~e'i! make sure ,Df 'ha[. CF~iPaVJ{N BRUET: -h=~= ..... is a mo~ion ~-. Commiss~=.n.~=~ ~'~d-, seconded by Commissioner Urbanik. Ail in favor? Opposed? {No response.) CF~IR/4AN BRUET: Mctlon carries, Moving on to Petition No. CU-98-26. i think we've set a pretty good standard here. i think you're turning a negative into a positive here by what 'we're doing, and I would assume that the discussion in motion will align with our previous approval. This being a public hearing, those wishing to speak to this issue, please stand, raise 'four right hand and repeat after the court reporter. (Speakers were duly sworn.? CHAIRMukN BRUET: Chahram? MR. BDHDAMTCHIAN: Chahram Badamuchian, =rcm ?ianning Services Staff. This one is another earth mining conditional use in the general ';icinity of the other one. And this one is 4.8 acres, owned by Mr and Mrs. Smith. They are proposing to mine 2.4 acres of the property to the depth of 20 feet. I believe there is an existing residence on the property already. COMMISSIONER WRAGE: An occupied? People that own it occupy this residence? MR. KEENE: They're actually tenants that live in there. COMMISSIONER TRAGESSER: No blasting? MR. BAJDAMTCHIAN: Nc blasting· They are only going down 20 feet. A_nd they are going to use Lilac Road as their transport road. Staff recommends approval of this conditional use. CHAIRMStN BRUET: So there's already residents in place, which is one unit per five acres. And now they're going to turn the back ..... cn c: the prc~e~ 1. in~c ihls renen~icn area Ant :ommercial use at al' -- ' ~ -., an',' cf %hose zones, it's no,i ucnsidered lhas; is ~hat usrrec~? r4R. NINe: Uha~'s right, :ondi[icnai use. CHAIRMAN BRUET: An agricui~urai -- MR. NINe: ini~iai use lsa -- commercial earth -'"~nc is a conditional use ~..a~. -he :ar~,,~ .... , -_ ~-.ai ~strict. ?hls may be ccmmercial,-but i~ cb'.'iousiy is for a ';er'; short duraclon, qi'.'en size of it. COMMISSIONER FRiDDY: And i 'scuid ask ~ain, lhls 's Zake six months co a }'ear? ~ MR. KEENE: Yes, sir, ',,'e estimate clx Zc ~-= COMMISSIONER PRiED'f: 2.nd .... ~ ~he ~ame D ~ hauling the fill? - - MR. KEENE: S'zn~i~ine {z?a"{tzsrs '^'z!l. CHAI~L~2{ BKUE:: An',' 'r',e~ lues~!cns cf sLaff ~nyone in zhe p:.:Siic zare ~'~ sseak? -= -~'. l' Pub!~ hearing. - COM3~iSSIONER OAiES: Mr. Chairman, havinc fi!'ed cut m}' finding of facz sheet, like a ~ood commissioner, ' move we ~3r'~'ard Petition CU-98-26 to the Boari of County Ccmmissione~= '~'ith of approval. ' -- recsmmendatien COMMISSIONER WP, AGE: Second. C'~LAIR/~ BRUET: There is a motion by Commissioner Oates seconded by Commissioner Wrage. Ail in favor? Opposed? (No .response.) CHAIP~ BRUET: Motion carries. COMMISSIONER PEDONE: Would everyone please Pass iown their findings of fact sheet? ' COMMISSIONER OATES: Mike's really ','er}, serious aDou[ this job. COMMISSIONER WRAGE: Maybe you could go to Washington. COMMISSIONER PEDONE: Conciusicns of !aw. COMMISSIONER DAVIS: Mr. Chairman? CHAIR/~ BRUET: Yes. COMMISSIONER DAVIS: If we could make a comment to Mr. Nine. It strikes me with those two petitions back-to-back, our suggested new policy for the Board of County Commissioners I think obvious. So, you know, hopefully from this can come something that may be policy or an amendment to the LDC. COM]~ISSIONER BUDD: Got to have a house. MR. N/NO: You raaliy think %has's the most important - relationship? How about the effect of the water table and evapotranspiration all over the county? CO~ISSIONER PRIDDY: Well, those are actually storage facilities. 2H~iRM~%/; 5RUE'Z. 'f~= and wildllf~ Moving cn zc {:icDticn cf 'he zub!~c ~ar:ns f~r ':~ -'rcw%h COMMISSIONER EAVIS: We Should concra~ulase >~r. Weeks cn -he employee of -he ~onth. - - CHAIRMJ~; BRUET: - p.c?ee cf the month. We '. ~cngratulat.cns. Tm ~ . MR. WEEKS: lh~n~ "~u i= vcu saw '" ~- · - ' -bott. i -hi:Ik i lsc~' more ~.,e =he .7.2,~%-.;I - - ~ , '- -' - ?'= tale moilth. COMMISSIONER P?.iDDY: And there are ~ssl ~kiz,ss ~ka~ ~sme ~r~r~ 'mmokaiee. '- MS. ~TUDE~,~: h s s ~eglsiat~-.-e ~ni .... :~ xz~ s~;,a~! scale amendment, so ':'cu don't have to swear 7HAiP~: ~RUET: Thank COMMISSIONER WRAGE: i withdraw .the question. MR. WEEKS: locd mcrning, Commissioners. For -he record, Davzd Weeks of the Csmprehensive Planning Staff. · '~ , This wi,, ~e ~n ~/ncharacterist!cailv brief presentation for You've seen five of these six amendments before at the transmittal hearing last September, September 17th, 1998. And then the Board County Commissioners saw five of these six on .October i]th of last }'ear and transmitted them to the State Department of Community of Affairs. lind the state agency sent back to us their objections, recommendations and comments report as required by statute. And that report addressed issues with three of these petitions: Specifically, the Capital Improvements Element, the Future Land Use Element regarding the Goodlette/Pine Ridge commercial infill subdistrict, and the Golden Gate Area Master Plan recardinc ~he Santa Barbara commercial subdistrict. -' ~ ' In each case of those three, either the petitioner cr staff. ~ppropriate, addressed DCA's ORC report, and we are satisfied with the petitions as brought to you today. There was a minor change to the language for the Goodlette/Pine Ridge Road commercial infill subdistrict, regarding its relationship with Pine Ridge Middle School. The staff's position has not changed on two of these. We did not support two of these particular petitions, and that has not changed. But again, the history is that they have been transmitted. Today's hearing is to consider adoption or specifically for you to make a reco~endation to the County Commission as to whether or not to adopt these amendments. I have one minor change to make, is a one-word change, to the neighborhood,s center in the Golden Gate Master Plan. One of the criteria as it reads presently in the Golden Gate Master Plan, and not proposed to be changed by the petitioner, is the requirement for a buffer adjacent to residentially zoned properties. The only zoning out in this area is estates. Our zoning code classifies estates as &n ~ SC~~ - a.r -~ura. zcnzng ils[rzcL. ?his Ls a - ' -' -e semanLz:] it does make a difference. in the Gciden Sate Mas~er ~lan amendments ~dcD%ed '997, which are s~'il no~ in ef£ec%, 'we did ccrrec5 -hal. Ne did change .the word "res~dentiai,, ~o "estates." >~e'd ask 5od~f ~h~¢ you incorporate that one text change from res~dent~al~., zoned to es~a~e zoned property. The petitioner fs aware cf this proposal and has indicated no objection. - The new item before you, new as far as ~his packet cf six amendments goes, fs the office and infii! rommerc!a~ You did not see ~- last ~ai!. You saw it approximateiv a }'ear prior to ?he Future Land Use £1emen~ is .... ~ -= , -~ ....... ~- elements sign~ficant!y amended zn October of '97 and which we zhcu~h that !ono ago, is ~-~ · ...... ncr in effect because of issues wi~h State Department cf Tzmmunitv '=fairs They have =cund .,- not :n zompliance. - - ?he office and 'nfi~i ccmmerclai dis[rlc~ was adopged October, '97. The State DepartmenE of Communit}- Affairs did not have any concerns with it, no objecsions, nc recommendations, ~ .xc, comments However, because i~ is ~art cf the Future Sand Use Element, the eh[ire element is nc~ in effect. So what we're doing is 'we're adding it to this cycle. We are readopting ~hat amendment. ~,d with that we need a recommendation. COMMISSIONER DAVIS: Mr. Weeks, you said there were ~wo things that staff was not in agreement with. I know the one is the piece you spoke about, east of 951. What's the other one? MR. WEEKS: The other one was ~he Goodlette/Pine Ridge commercial infill district. Staff did not recommend approval of that either. THE COURT REPORTER: ORC? MR. WEEKS: ORC stands for objections, reccmmenda[~ons, and comments. I'm sorry, it's the lingo. MS. STUDENT: Mr Chairman? CHAIR~ BRUET: Yes. MS. STUDENT: There's just one observation, i made some ';ery minor changes to the ordinances to make sure there's ~he's where they ought to be and that the verb matches the -- you know, the tenses and that type of thing. But it doesn't affect the substance whatsoever. CHAIR/~ BRUET: So pleasure of the Board on these items? COMMISSIONER DAVIS: Mr. Chairman, i'!I just sa}' tha~ having read through these, as everyone else I'm sure has, I have no problem ';oting to adopt all of them, with the one exception that yo:2 may recall I voted against previously. I would agree with staff's recommendation on CP-98-03, and explain that by saying that I -- I don't disagree that the time has come for probably something different east of 951. But I think COMMISSIONER DAVIS: -- zhe balance .~f the ?~t'are Lano Use Element be forwarded to the ~oard of Cour~t-,, Ccmmlss'-~- iOMMISSIONER CATES: CHAIP, MA/g BRUET: There ~s a mo~ion ' · Ccmmlssicner Saris. seconded by Commissioner ':a~es :o move the taLance :f the Use Element to the ~oard fur ~pprovai. Ail in favor? Opposed? No response.' ilU~IR/~ BRUET: Mo~lzn :~rries. Petition CP-98-03. Pleasure cf the Board? COMMISSIONER ~ ~- · NRA=~: This is Mr Davis', i COMMISSIONER DAVIS: ' was assumlng ~ was still in the minority on it. COMMISSIONER PRIDD¥: move ~hat 'we forward that to -he Boar~ ~f County Commissioners with a recommendation ~f apprcvai COMMISSIONER BUDD: Second. ' CHAIP~ BRUET: There is a motion to approve by Commissioner Priddy, seconded by Commissioner Budd CP-98-03 to ~he Board for approval. ' Ail in favcr? COMMISSIONER PRIDDY: Aye. COMMISSIONER BUDD: Aye. COMMISSIONER PEDONE: Aye. COMMISSIONER WRAGE: Aye. COMMISSIONER TRAGESSER: Aye. CHAIRMAN BRUET: Aye. COMMISSIONER OATES: Aye. Opposed? COMMISSIONER URB~NiK: Aye. COMMISSIONER DAVIS: Aye. CHAIR/~ BRUET: Motion carries. Final petition, CP-98-04. Pleasure of the Board? COMMISSIONER PRIDDY: I move that we forward that to the Board of County Commissioners with a recommendation of approval. COMMISSIONER PEDONE: Second. CHAIRMAN BRUET: There is a motion to approve Section B, Golden Gate Area Master Plan by Commissioner Priddy, seconded by Commissioner Pedone. Ail in favor? Opposed? (No response.) CHAIR/~ BRUET: Motion carries. MR. WEEKS: Thank you. COMMISSIONER PRIDDY: Mr. Weeks, before you leave could I see you? , MR. ;qEEKS: /er~alniy. CHAIRMAN BRUET: Let's see. New business? Any cid business from the Board? Public comment? Anyone in the public care to address :ne Soara? Discussion of agenda? Meeting adjourned. .he._ beln= no further bus,ness =ct ~Y.e {nod 'f ~?:e icunt.,- meeting was adjourned by order ~= ~'~ ir ~ ~ ~n. Cha a~ 'l:~C ~.m. % he 'iCLLiER 'iT~.,~Ty rI,ANNiN(: ~ ~ - -~MMISoiON MICHAEL j, BRUET, CHAIRMTLN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHER!E, R. LEONE, NOTARY PUBLIC Michael Edward j. ia~es. Michael Z-edcne Karen Ursan~k -.-ar'.' ALSO Paqe _ 5. 6. 7. "OLLiER · - , ."E3RI .... · · .... I!! ',~F::~' t-DM!NISTRATION BUILDING · r., ..... ':.':.'::aL:'...':,;:;:; .',;i.iETiN(} ROOM ~A~ t ,~.,X~ LES, FLORIDA: ............. "' ;3,' ' .... ........... ~h.~. '~. '~R(Vrp *~t: ~-x~¢- ...... :~v 'f{E ......... ,r:~ ~.) SPEAK ON AN ITEM "~t,,*,[RM,*,::. FER. 3ONS WlStiiN(5 iO it,,x~k · ;~.'XP}UC ',1.5 U:~I ~I c ........ ',-.: }NCT[.I.:DED iN 'U{F t'CPc' ...r:x;,q ...... ,~,..,.,, ',1{. h I' 741 '[tMI F < .x ~ $ ~ x I [RIAl..~ MINIMUM C)F 5 ,,.. .......... ~ralalb LOU~' STAFF A MtN[MUM flF "EVEN DAYS PPJOR TO UtE PUBLIC tIE¢~NG. ALL MATERIAL USED IN PRESENFAHONS BEFO~ UtE CCPC WILL BECOME A PERMANEN-F PART OF ]}{E ~CORD AND WILL BE AVAILABLE FOR PRESENTATION TO ~{E BOA~ OF COU~ COMMISSIONERS .XPPLICAB LE. .\NY PERSON '.vtfO DECIDES 1'O APPEAL ,\ DECISION OF TIlE WILL NEED ..\ RECORD OF TItE PROCEEDINGS PERT,,\ININ(} TttERETO. AND TItEREFORE MAY NEED TO ENSURE TIb\T .\ VERBATIM RECORD OF THE PROCEEDINGS IS MADE. RECORD [NCIUI)ES TIIE 'I'ESTI,",IONY AND EVIDF, NCE IJPf)N FIlE APPEAl, IS TO BI:, BASED. ROLL L'.:,, I. L · -\DDENDA I'0 T}tL: ,,\GF, NDA .-\PPROVAL ()F January. 21, I99t~ PLANNING COMMISSION ABSENCES. BCCREPORT CttAII~MAN'S REPORT · x DV'UR c~ ~ ..... S,,D PUBLIC HEAPdNGS: Petition No. PSP-98-13, Mark W. Minor, P.E. ofQ. Grady Minor & Associates. P.A., representing Glen I::d ,... ,- ¢., on the Bay. L.r.. ,equextinff Prelimlmtrv Subdivision Plat -~ v- ,m ~be wes~ sMe of Vanderbih Drive lC R ~nt~ .___ . -t, vro ,,1 ,"or C;Icn Eden on the Bay, located -,-. · · '",,, avl:~xtmatew ,./, rmle no,ih of Wiggins Pass Road (C.R. !88'L m Sectmn 8. , ,wr, sa:p at Sout,'.t. Range 25 East. con. ststmg of,l I -,- acres. I Coordinator. Ron Ninol - . u~u[t urtve in wIi , ' '~outh. Range 2: rast. cons~stme of c q ..... ,,, , _~ougbby .\cres. m ,Section 24. l'nwnshlp ag _- .... .,,.~c= .t_ootc~inator: Don ,Murravl fi i...., i. __. . ,.~,. . ..... . , ,. '.Vhmenvenz DeveLopment Cor~oratmn r,t. qm,.~nng ~r,'l,mma.,-,, <,,~,,4 ........ u~., :~rr.'.'al ,q,r "" '" ' Eslate$. !oca~ed on the north $~de of Dav~ Boulevard Extension IS.R. ,~4} '.,.'est of Cot~nl-v Barn Road. Section o. To,.,,-nsh~n 50 Sou~. Rang: 26 East. con.~slmg of 3g_*. acres. , (oormnator: Suxan Murray] ' ' ' "" ':"'~ .... :" '~::':~e~i:r,t i~,a~da itamdan requesting, rezone trom ",.'-a" to "C-5" for a grocery store and bu,, ~n9 tat' pt'ope.,'p., located at thc corner of Boston A,t~,ue and Fiat Street ~C.R. :urmer ~escnbea as t,,,, I ! ~.".d !2. Blc:k I. Car'.Oh'S Subdiv~=,on m Secnon 4. Township 47 South. R~xnge 29 East. lmmokalee. Florida. constsnng of't* acres. !Coordinator: Sm,an Pet~tmn No. pUD.C,g.22. '5'-otto L. ','amadoe. E,q., o~' Young, v-m.a.s~end.,rp & Varnadoe. P.A., represennng Clyde C. Uumby. trustee' requestm~ a rezone from ":V' Agriculture to "PUD" Planned LImt Development to be kno'.v-n - ,,-.. ' -~ .... ~ U,,ve for a m~xed use re.~idendat project including azsmted living housing ~nd commumtv r'acd,tiex ~uch as ,:hurcnes. ~ehooN. c~vic and cultural facdities for property located on the :outh s~de of' [mmo~ale.- Roa~. -"~st of' Gulf Coast }{igl~ School. in Section 2;'. Fo,.vr~h~p 48 South. Range 26 L-'ast. Collier Count,.,. Florida. c,qn.~sunu o£96.5~ acres. ~Coordtnator'. Ron Nlnol ?ctmon No. Ct_'-gR.o. Ula~r Foley ,~f Coas~l Engmcenng ConsuJtants. inc.. rrpresentmg Fhomas Hawkins. requesting ('ondnionaJ [.'se "5" af the "E" Estates zoning district fbr a Sen,or Independent Asststcd Care Living Facdiry per Subsecuon 2 2 ] 3 ,'~f the Land Development ('-'ode for pro~env located at 2101 C'ounv,. · 'Barn Road. :n .<ecmm 'i. ~ Susan Murray) ~o'.,.nsmp .~0 South. Range 26 East. consisting of 9.65-,- acres. ICoordinator: 8. OLD BUSINESS 9. NEW BUSINESS l 0. PUBLIC COMNIENT ITEM .\. Ed Penco re-appucauon of Spot Survey and lnspecuons. !1. DISCUSSION OF ADDENDA 12. ADJOURN ~'[~99 CCPC AGENDA/md .7¸ Ti.ere zs szgn-us sheets '.vcn': need shem. We'll go inzc an',- addenda :o :he agenda. :,ir ~e:'::c .s wiilLna --s ssa',,' tc the end, &s :se was scheduled, so we'll let Aim sic:',' :?:ere. He's here ~o Se.'- some education, he said. COMMISSIONER OATES: Good for us. CHAIRMAN BRUET: ':'es. .:.pprova i sf -~MM!SS,~u- SiS: minutes. :OMMISS iONER ~UE2: ................... .~: .... ~'.77 i .7 ,' i :...: -:edone, seconded t',' ?smm:ss::ner :udd. Ail in favsr? Opposed? No response. SHAIRMAN BRUET: Mot'ch Tarries. Planning Commisszon absences. See:ha :.she ',.'e' :1 -'.qve :::. BCC report. CFJ~iRMAN BRUET: -~ha:rman ' s report,. - 'ye seen - r','ing t: :et ~ge.he. 'with Vince .... =~ - he ~=u= .... of course, o talk with nlm about environmental services and -heir review cf various urooects, and we nave not set a date ':'et. ~-.d : also have -. ::;i~ht :~adeau is aoina between the three c,f us. UOMMISSiONER iA/ES: ::'ow ahc'.:t the cit'.'? -.~.Air,,.,LK.,~ E.-:,tzf: have ncc fcllc',..'ed '-' - , -;'n.-: Ach was icL,c: -ca: -- iQMMiSSiC:;EE iAUES: -- -..~ .... ;~ · - MR. MULHERE: -= ' - .... ii ~'.:s[ 'c add a ~'-',-¢ :,i:;:ussion cf document :hat was ?usz handed sun no ali o~ you -hat are here, which is a density reducsicn, clus:ering, DCA seut!emenz agreement memorandums and support documents. ~d you can leu me kncw when ':'cu'~ like me -: discuss ~OMMISSiONER W~GE: How abou~ next month? THAi~ =RUEz: wan: to - would assume the board would v.'ar.l z: review lhe ficcument =~ a -CEo~ ~ c= .....~-c~erhacs -i' ' ~ MR. MULHERE: For :he record Ct~IF~ BRUET: Maybe 'nzroduce us to !z. i,!R. MULHERE: Yea':, For -he record, let me -us- 'ndica5e fha~ Mr. ','arnadoe yelled [rcm '-he sack c[ the room, has -' been advertised. The answer is no. And don't %hink iz needs %s be ad ..... sed · O,~EF, ...... : Apparen~lv you ::_~'.'e ~ :' ' :e:-<-::ce -' O~lY. lCn MR. MULHERE: Such ~s ' : ~e. 20MMISSIONER DAViS~ .',~. Mulnere, '' 's cn record, lso, %hat ~wo occasions we've asked fsr a cody of 15 ~ust as soon as it was ~he pr3ss. '' MR. ~LHERE: Right. And the reason that i distributed this you now, although you wii~ no~ see this because it will go directly to 5he Board of Count-.,- Commissioners for a 'workshop, was so that you Page 3 ..... .... '- :2 -" 'C3~z .... ~ ........ ..;' ...... . ..,~,e.._ a~ 2o~e 'line r. 'zhe FieX~ se';era~ 2~ ,hese are -'~s% frail, ii:es-_ ~_= ~us~ s~bff i~zu:,'.~.:l_. ~s -he U : : :~=12~ -r~spcr~a~icE r~ ~ '~' , ..... reduc5isn. consuitant's densL:v reducuion and clusterinc suud','. The second memorandum deals w~th the DCA settlement aaro~m=-- .... And -h~ 'h' '' deals w~"~... the 3rz_____~ ..... i .3ossibilities =._. ..... __sci','in~/ %hose, both zf 5hose. iCMMISS-SNER EA':iS: Mr. Mulhere, has %'ne lense"',' 2eccr, e = Dart ~; -'-=- ~'- '=merit? ....."~ MULHERE: -: '..,'cn'~ become a .sarz -= : ..... ,..=:~-~_=s -:'~ ....uoard' direcus us ~o do :ha:. That's one of '~¢ ~'ces iha[ zhe board has ;n zerms cf how :s T.o-,'e ¢zrward '.,;:zh obese. .... ~, -he 2e~ar~r, en~ 3~ /cT, mu7,1~':' ~.f:alrS, L;l 2egouiations with them would like :o see the -- part of -he densit':' reduction included. And that ks 'he, rural densit-,', ~__duc~icn.' The,:, have not stressed -~¢ urban dens;" -.- ~,,' reducLion, have not even asked for zhat to be part 3f -he se~tlemen~ agreement. But the,; have rural and the nexus 2here, from their perspective, as one of natural resource protection, That's one of the areas zhat the'/ challenged us in ~he plan on, ~d so from %'nelr perspectf';e 'he c!us~erlng, coupled with the densitv reduction, goes zowards additlcnal natural resource protection. And :ha~'s 'why they've asked 'hah :hat be included in =he se=tlement agreement. CiL%I~ BRUET: .~k=F. MR. MULHERE: Bu5 'nat's a decision zhau the board will enzerdain at the workshou, and hopefuii?' will g~';e staff direction at thau 51me. Page 4 , j l-uc'...':.-, .'[anagemen-- '' t'a~se "o~r r:cht hand ~nd ................. z'..:c r.-.. :.;R · ,,.i.~: ':es. For -t.e ':e.-qr~, T,',' :lame iS .'.~:.'. "' 'n '-h-~ '..;es~ -'-de .~ "_~.-.u=-~,~-~ -~...~ jec~3 · :here :sn'' -- as sr.-- Rs ...... cns :en~ -:- -.._ ' ' - - -: - iS - :.,-~ u~ ....... SlOF,.? -~Ui, '...'e '~'ouif ~ee:.-, 'he :':t,d .... ~- ....... er u-~n ~$ .~ :,z .... ~ 'ugn~. -~ he epprc'.'ed. - .......... - can '=il ?'s': :na~ -::e proposed is-- s:zes :.'. :h~3 -~S~ --onsisten~ 'with the de';elcsment recuiaE:3ns in ihe Slen Eden cn the Bay Pb-O. Never[heiess, ;se do have a number cf condi'icns that are attached to this PSP from cur various reviewing star: pecpie. The}, have to do with a restatement, you might say of the ~n'zironmental conditions. ' We also have a provision in the conditions --has 5'' sf '-he relevant provisions sf --he Sien Eden PUD would aDD_',' -- -his -2s ~ is being de'zeicped. '' - - So we";e real-',- covered cur rases zn -_'40 di_~=~,~-- _ in '21fferent '~'a~:'s here. :icc ~nlv n~'.'e ..,'e --euea~ed szme -- suiuuiations from ~'-~ SUD "" as '~'e".'e - ..- , -u~ in c e misse~ ~n',', ',,'e said 'hat '.;hatever's in the PUD applies here. And we've reemphasized the fac~ that in ~his i-UE, sidewalks are required on both sides of --he streeE. And i beiie',-e -he petitioner is going to make an appeal to you ',.:lth respect ~ 'ha~ ~ssue. You'll no~e -_ha- zne -= -he 2cndl-,~ons :s :he duz'~cation ,-~ s~ree~ name, and '-Lan '~;~'' be correczed on -~= flna~ c'a~ recommend approua' . "- ' CHAIRMAlg RRUE,-: An',' fur'_h~r s:u~s,zicns cf s~3, f~'? Sez~ loner? MR. MINOR: Sccl morning. >Iv name is >!ark Minor, and i represent Glen Eden on 5he Bay, limited partnership. We agree with all hut one of the conditions for --he PEP approval and tha~ would be :;o. i!, which requires sidewalks cn both sides of ~he streets, all streets within this subdivision. Page 5 L:-d:'.~.e'~/ - - --r.~l .......... . ..... . ..... _ - ............. c __~~ ,','CJ2 2'-22 -' -~-. ........... .. · ','e'~i3~e ever',- -~=~ ...... ~ ~ c.-,~ c~ if :~:e-~e ' -2e :~a" 2F~iP,:~¢ BFUE/: 2 cer:azn.lv -nLnk ~here's ~,cm~ '--= ............. request in thai there are a ';er',' =:mited nu~er :f ls::~ :ha~- ~ccess the cul-de-sac s .... - - - =-_e,_s. :~nc ~ssume 'hat east-'..,'=~ ...... will have a sidewalk -- ~ MR. MINOR: Yes. C[A~IR~; BRUET: - -'~ - =c~ acent ts i: :n the so'at '- 2 l.~e MR. MINOR: iorrec:. ..... o ....... e feeders ~us: ".:~l fee,i :ntt that thing, i think it's reasonable. ~MM~SS ~' .... /:~nNrv: '~-~n> -'- ~c!Ec ?:ave ::: ilsagree, oniy because cul-de-sac sCr~ocs are '.:suai~ cccu ed . -- ~',' Di ~::'.' SlX. Cie- Faml ... residences, as this is, - ~ MR. MINOR: ':'es - - COMMISSIONER URB~,;IK: -- :hese are slnui~ =:--'..~ MR. MINOR: '- sLngie'~am~i'y ncmes. CO~ISSiONER URB~NIK: ~d i just tend ts 'hink ':'ou're going be a~tractinc a 'c5 ~ families with smai' -~''~ ~ fha be buying these homes on the s~reet. ~d - just think the sidewalks as a safety issue is ~ ~- -mpo._an~ if there's young children· So would be my only concern. MR. MINOR: Yes, ma'am, i wcuid agree with ~has. i've gotten infcrmation from the developer. He's deveicping a prcjec~ cf the same size cn the c~her side of the street called Glen Eden. And the homes -- is ~ .~ 40 -- apprcxima~ely 40 homes sc far %hat have been sold in that, which represents over 40 percent, :here are no children yet. Not ~o say :ha~ there w'on't be in the fur_ute, bu[ :hat's CO~ISSiONER "~ ..... ~..B~N~: What is the Dri~o ~mu~ es~i:;.a~ad for these homes? Page i~MMISc'~''=~_.,~._ .............. iAViS: _s .... s y._in~ ~: -~ u~'.'isi~ ~hls ~ss':~ ' - -he next imen~xen~ ".'?l <:. .',n~ - "~uk '..,'e' re 3lle'.,;al}~s 2ns:dl~ ::z lzzaz~c :x ~ne nc"= -': ~ ~icse -h~ public '-~ar ~ieasure cf ':he boar'/? 2OMMISSiCNER 3ATES: Mr. Zhalrman, . mc','e '.,;e icrwar'd nc, we approve it, don't we? Pardon me. we apprc'.'e excep=ing -- excepting Item No.~'' and reou~rlng. ' ' s,,_~alks one side of the street. COMMISSIONER B~D: Second. COMMISSIONER >;PS. GE: i'ii second CHAIR~ BRUET: -h~= is a motlon ~',' ~'~mmlss seconded by Commissioner 5uJd. Mr. Cares ~s re';is~ng Condition Ail in =" ~ 9pposed? No response. C~IR~ BRUE7: Mct~n rarr~es. /CMMISS ...... .._. 7ha " - _ z~.~=n CAFES: '.~ irma , saw - - i saw it in the T2l~%es :r ~-;me',,;here, i saw ',;here '~ r;uccested ma'.'~e zhaz PSP's be aDu~-'.'~d b .... ~. st,al! unless -'-~'o's disacreemen[ ~nc' ' cu~ss in ~h:s cas~ -h~ mlgh% '~ a ilsa~re with the sidewalks ~nd s~ ~ ....... .,'~"id seem very reasonable apprcac,h. COMMISSIONER DAVIS: think the suggestion we made ~o them. Ed, was that in the next amendment cycle, we agreed that it could be approved at the star= ~, ~ ,,;e,, but provide the ability on an issue like this - - CO~ISSIGNER OATES: Right. COMMISSIONER DAVIS: -- to appeal ~o this board. CO~ISSIONER OATES: Yeah, right. Page 3zeaKers '..'=--= ;..' ......... '-~ 4 S t~' ' ~ ..... - -~- Madison Es~aze s'dsdi'.'ls'cn. -k~ r .... i:icn~ for Coastal Enqlneer~nc Ucnsuitan[s, is represenzL:tu :.:adiscn Leveico~e~t Ccrucra-:sn '~ ~wner >;t.c is . - - ...... , se ...... u .... ea=e ~ five- acre subdi';ision :n Willoughby Acres. The proposed :re!iminarv subdi-.-ls:~ ~at reslden~ia! ices each ',,.'l:h a minimum -f lO , :., square 2oo~ net .oL. The uiat also ..... ~c..~_s for a reuent;cn lake. drainage and landscape easements, conser'.-a;icn kuffering and extension cf Madison Dri';e, 4n~_n will '~rmina~e as Tul-de-sa~ sn ~he sub~ ?he surroundinc area zs characterized developmen= both north, sou~h, and east of the subject proper~y. There are some condominiums to ~he west, further to -he ;.'est, along El~ress Way East. The surrounding area, as wei' as %he subffect parcel, is zoned KSF-~. The petitioner is requesting also a waiuer tr '.,;aJvers for 5'~o requiremenzs ~o the Land 2eve!opmen5 Ucde. %ne '..;a:';er is from :.he requirement of ~h~ LDC, making it necessar':' ~o prc'.':de sidewaiks along both sides cf the road, which has no slde',,'~iks an'T/here along its existing 630 ~ ' length, s[ar~inc from 5he :::~ersecsion with Euclid Avenue. The other waiver ~ha[ they're recuestinc :s -z %he requirement zhac cul-de-sacs dc ::o: exceed a ~.axi.',,:m i.'30 f:>.::: ',n{th. The 650 foo~ extension of Madison Drive would cause .his :~q.~in~men~ %0 be exceeded. But this waiver reques[ fs no[ unreasonable, given the fact 'ha~ :' ' -~ wl~i he 'unnecessary and noL feasible '-c -~.,;%cnd it Page 8 ...... t.. ......................... ~-2 . .. f::2'";~ i ~: ' ~' . i% As ~sr, e ceil-re "%u ~flen ire "eluesls 12 '...'al','e ine '=' ..... =-~-' ~ ..... - "~=s ' ~ '-= ~-~=~ '- --' = "~ ....... ilar ~'--c exsended -- and -'~= ~s xo5 a cu~- sTiewal, k ~:v~[em zeichborhccd a ..... in lieu sf -u=5 zu~t~-~ .._ sldewalk in s ..... ~ '' - ~ --'~ T~ ........... '~[ s5rees, 15 beln~ -iYe fee% ir. Wld5h, we alss ~ocl!ied '-xe secsion, ~he cross-section, as is required of 5he roadway. For cui-de sac sections vou can get by ..~r~ - , . .~..~ a ,.~-isot Lane and a two-foot '.'ai~v :u:~or We"-~ added a coup1= -o~* =~e5 of width on the roadway, it's a 24-foot width road and then a two-foot valley ~u[%er system. Ss i think ~ha~ probably we are jcinu .,,'hal '.,;e "an accommodate uedessrian -raffic Ln a small neL~htsrhccd. i'm here 5o answer any o:her questions vcu %ich5 have. C~iP3~N RRUET: An'/ iur:her ruessicns s! lhe ce%~-icner? Anvone tx 'lhe ~'dSill 15re i~ ~,idr~=s -'-~ ss .......... -lsse %he subiz- hear'n~. COMMISSIONER BUDD: Mr. 2hairman, move -ha~ "~,~. Planning ~mmission ag ..... i~isn ~ 20MMZSSiONER .... :S: =ow asouz lhe sidewall<s! resolution of ~dop~ion exhibits. COMMISSiONE~ .... OATES: That includes ~he ~...,~_~a=~:s'' , ioesn'~. :t~. COMMISSIONER PEDONE: No, they took them out. COMMISSIONER 3ATES: Oh 'm sot ~c ','our sardon i'!l second it. CF~I~ BRUET: There is a motion by Commissioner Budd, seconded by Commissioner Oates to approve. Ail in favor? Opposed? (No response. ~ CHAIR~N BRUET: Motion carries. Page - ' - .f: .2.:i -..,. ........ ,.~ .... ~ca~e~:-U :~',.' '~ 'ie~'. ',"."z :his Usually .-.~ ~ .... · .... based on a r-z~-~ -..- .... -. -- ............. '2P.e ~'~"~'~-~ haS ~.C~ '.'=' .......... = .- ...... appr o';ed ':..- :he soard. And -hat's ~he .::~tiattcn here, because :: The pro~er:)- :w:.er ::at.,'e'.-e: .,'-~hes _ - ..-: ... ~.. '-a-'~ :he ' -- ..:c'.'~- -~ :',-.'a ....... ,: -::ts :c - -~ .......... :n ~)- ~::sess-c:. and '..,'e're ~c::. tefsre -- that '~'= PSP apyrz-.,a! and resciu~ion ~.,.-'' r'.s: he leca;l..- 2ased ls legally effes:i-.-e. And also, :ha: :f :::e '-.~-~ - ..... places any :snc'--:sns Dr excuse me, on the rezone -- 5ha[ either cool!ir: :.~izh conditions in this PSP or fha: are in addition 5o ;~ %he s ..... na5 _~ i~ might be covered here bus ~-'s ncu and 5he board has added something additional, this ac[ion resoiu[ion ~'ill be cf no effec[ or null and ';cid, and the asDl~nZ '..;il! haue :c come ~= ..... :'cu zhat =s ref!eczive cf '.,,'hat :he board did. ~d ail thah lancuage ',;ill be in the resolution. So based wi~h :hose predicates, : believe ':'ou can move forward today. CP~IR~N BRUET: Thank you ~d ''m willing '..;;th tha~. · · -~ move flor'ward CO~ISSIONER DAVIS: V'ah that's fine. i -ust wanted to make sure we all knew. C~I~ BR, UET: - assume the petit~ - -~ne_ agrees ',.~ith ever'/thi::c :ha~ Marjorie has said v:izh respec5 :o ~his process? MR. FOLEY: Yes. Again, Blair Foley for the record We acre~ C~I~ BRU~.: :~,~, '.,,'e'!! move forward. MR. NINO: Yes, i'm presenting this petition on behalf of Susan Murray. My name is Ron Nino, for the record. Susan had to go and take some computer classes up north near Tampa wi~h some other staff me~ers who are coming on board with the new system, so i got the chore of presentinc all cf her peui:ions :odav. So ~ ~ -/cu,~l have some patience wi~h a,e. ~ - Whittenbezg Est=~es PUD, you >~ill recall '/ou recently dealt with it as a P~. Susan's report advises than '.,'e're -- this petition ~s consistent '~i%h :?'.e zr~'/:si~,,s of :he PUD. i~'s :renting 77 Page i0 ...a- _ ~US~- .ia.q/ed .... j :.'co ixa[ ~a± ...'l - ~.--c l:iat '..,'ere ..... =--.e. s Z'.' .'r.e~'lcers :i :ur £Eafi. .'-.nh as '-~..: .-?.--~ .-~ 5.:,.'ere ~,~ ---iA' r, ' ~ - ? .......... ~ - . ..... . ..... ,,. . '-al: ' ' ....... . " ' -~ -~-" r ........ -~- :..--'-i 2C ".ll.i ...... ' .ld~:~O_,j,~ 1.-.~2 .i --. .,'-.r Z: 1.1.ii'2 . ' ' ' fie=-'s with ....... a~ _ And '- has -- as 2~Ecs~d ...... .-.-~ -__l_..< . '. ' ........... i r i'.'e:,;a'~ ..... ~,- ............ · . _ _ ................... · . .... i: '..-.lee',:' es~,asl isi", i ii.~_'.< ','-- -'.'.i-'..,'a',' i il - - 2a-."s =cuiev5rd. i~.e i'OSC~'d~iZ.-. "Z-i- '-~'~ ie.-~_ .-~_,. .-~_: ..... :. .. . ...... : ............ ' ....... :1% ~12~2% S'.<:~Q l ' ........ ~:12 _ ,','c'.ili rather -'*l- -= iddress '.:'=-'" uha:'. 'ts. "".R. }iii'il 7hAy,:: '..'1'2. - }ia.il. ---~...=,,hYi2~ll.-. rs. ...... nS i i L'D'21lr --he ertl',- comment -~--- ''..,'culd make is lnaz -s '~na_ ~-~ ?'ou're aware, Davis ~ouie','arl is a slate road, is iuuosed -'~ ~ :suntv road and ~he access and '-h~ ,-~ '' - , - .De .... ~-, -he rsnnectlsn Dermi' '...'ill he issued ky 5he s=a:e. We would request -- and. unfor:una~ei:;. - had :~cu seen this un,ii this morning, guess when you all sa'.' ~t. -=ut '_he eni-.; ~hinc that we're a iitti~ concerned about :s '-he ;;o ..... ,,~.s going so c!cse We don,~ know for _u,~ what -- how FDOT ts coinu o ~reat -.,=: So ! would ~s~ -~--- - - - · · .... =- ~.nv =-.uorcvais ke :onditicned upon a e~-,e.,ce -- satlslac~ .... evidence -': aP. FDCi cc. nnec~icn ~ermit ~,nat they call a nclice cf in-_ent -o ~ssue such a T?pica!iv the'., ma'/ not 'ssue -h~ uerml-_, so vcu ma,,- .Ecu have --~ -kev will az leas[ 'ssue ~-ct; ..... ~ .... ,.,'il' ~z '" - id~ .......... - ~ a S --.szzse of :ntent '_z issue 'r is ienv. Obviously, if ':'ou can'- {et ~ connection permi- "~'~-.~, -_he whole thing is moot 3u- -.;= wc "i ...... ~ · .... u. ~-~.~_st -h~t an'.' ap.~ro';32s ccndltioned on -.hat. - iOMMISSi3::ER tAlES: :';hat'-: ' ~-~. i~stance hezween the MR. KANT: have .ns idea. -=u~ iookinc at "' looks coup!= hundred =~=t .uos=~.~ - - ....... v. Maybe -=lair --an answer :{hat the distance would ~e. COMMISSIONER iATES: But 'gould be similar to the Car{ilonsv MR. FOLEY: - ~ ' ' - -~d use that example myself when - was presenting it to the homeowners, and ' certainly hope it's not that congested this condition, it's around 250 ~eet. The ideal spacing pursuant to DOT's design standards is 440 feet, based on a 45 mile an hour road. However, as 'you can see from the map, that there's an opportunity to the east for an extended de- ce! lane. The entire 'gidth ^= 'he proDe~t on Davis Boulevard, in Page ii "tR. : ..... .... . ........ ~a ....... '_.".az '-he -;;.'.iz~lz "gl',' ~.-.~. ' ' m. -~.£s'.:%-.-.= =?.e J- .,*-ic:.e= ' 5 ',,'ho' ' :,' ='ds -. f - .... C Z.::': .:~Z:='.'e '..'re ~e'.'=Z.;::e: ;'--C'- h.,'.'-. ....... -- ..~.-- _::'_%:;,?.! ..:: - ;':R. : ..... := :-r- .... . . . . . zr:g:nal ;';h:''en.aer: ~U:, .-~- ' - · ',~,~C,% '.','as, as _ - - ?.ad ~ul';e:l -~ ~- .-cunt'/ Ccmmiss~c .... s rezc.ue nearing, and we '~;en~ back 'c she criglnal zon=nc approval, which >.'as r:'~ Victoria Landin= -=UD in i792. Some -= ','ou m,a'; reme~Oer -'~-- a.nv of ".'ou we:= cn ~he board at that time. Mr. ~ , ~ - ~a/.s may have been. .-hau :,'as at :'ictcrla Landing. ' kelie-;e '..,'as T~~.l~all'/ se an a=~orcauie nouszng ~ro]ect. And that sat and languished for a number of years. And =hen in 1996, :he Whi:tenberg deveicper picked '-he property up, re-PUDed ;';hi~=enberg PUD 5nd :ha~ -- ~ve~ -- ~he "' -~ inc :ha ' - ..... ~IC,_~ia Land ~cnneczicn, thac ~a'.,'cuc cf '_i~at road to aiicw ~ -~:,-~-- hezween the two s .... les was shown. r" the ';~ .... c~,_~a Landing PUD, '.he ccnnec=icn '~,'as suppesed =c be restraineu -- cc~=~rained ~-~.. for = ~-=- ,. · '- ~,,-, _.m_.~_.,~c: a.:cess. ;';hen i: '.,;as re- -:UDed :s the Whi::enberg SUE, :ha~ :o,~,shrair, h was removed snd it ',;as simpl'/ shown as access. When the :rcje~- '.~'a= =~:s: cons ..... ¢:ed '.,'hi,:h '.,.'as dur'nu :he :onstruction of :he :a';:s Boulevard four-laning, :here was no ga~e au 'hat communi-? ent .... ~ - dc nC: ~¢~ieve that any 3f :he :,rigina~ slans showed :hat as a gated entrance, it shc'wed ~ .as non-public roads. "t 'was non-n':bl;~ maintained --~n',, :. , be use t s a ' - -~ -..~. c~a, s ce. : ' condominium drive;,,av, essentially. However, the qa~e appears -- and ican': ~i';e '.'cu -- I can't c:';e ':'ou evidence ¢-~e~ :hah my orofCssionai opin~ :hat :he gate appeared after and as an afterthought to :he original development. .~nd i hays :hat on personal experience from ~---~ Page 12 ~ ....................... ~ ~ ........... ·--~l'~ ..iEd i i'.i_~ ':_C~i~I- -..' ..... :i3."ER ZA'.'i2: :,'r. ':'a'~ma'. ': zest= ~idn'- seem :: :.ave ~ ~rcz~em w: .._ :mu: _;,e¢ sate -, ~.x ~ne entrance and exi~ problem because ~he res:den~s .... he ex:s:2=~ :cmmunit',' were here and made i~ clear zhe'.' 4~4 .... ''af=:c from -his -ex-;ne /:m~nc across and ~::tc zXrz',:::h -heir -:aEe J'd5 L~tc ~a','is 5cuLe'.'arz. ihere seemed 50 2e scm9 -~12.es52~n as Lc whether there was r:cm zc {o the s~ree[ sfde cf zhe:r ~aze. And apparently, this ;s 5he solution that Mr. Fcie',"~ come '_mD C~iR~N BRUET: ''~'s :ertainly been all our e:.:Deri=-~_.~._ workinc3 ~ .... DOT, ~ .hink '.'cu 'I have '/our hands full cett~nc that permitted. And i wculd hcze ' as=u-~ ','~u '.,;ould MR. FOLEY: We i~! s~eak tc EOT and kasLc'al~" !escrLbed the s''ua~icn, and ',.,'e've h~d a s:m:lar e:<zerlence '..,':%h zhem -usa '_mD s~ree:. And thev encz'.iraced us -z cc %: %he nel::hhcrnzz~i 7~nd try '.';cl'k S~ &~ zr, ter ...... ec% ~s '.','e ill iF. [his :~Se. 1~3;~ 'CC~,O~i~,OS .~d - think zhaz's zhe :ase here. SO DOT said. ..,'el' . zhaz': ','our sni'/ szher 'ss:::z :f ~ccess and we -an'- de~v, _;- ....... uc',..'~','~- -- ~d hasicaii'.; we'~_ .......... ~z -~ ~,;o~,Der '..;i 2~ kind of at ~sk -~ ia '" "~ · ' ..... hate,_, the DOT wants t to ~o in order make a connection. We understand -hat the romprehensive cede and some cf the uther ~ianning documents encourage interconnects for density ratings of counts and unit counts. And that's what kind~_=-~ what fueled "his initially on the Whittenberg i don't know. nor ~o - really care to speak about what the developer may have offered or not offered as far as a disclosure issue '~ith the residents directly. There's some disagzeement with that r'd like -- ~ut all that behind us today and remove the interconnect and move it onto Davis Boulevard and put it on the onus o= the deveicper t2 make sure hat ccnnect_~n ;an none ~age 13 '"~ - · - '7'J,r ' -., ' '-'HAi. R~; '~RUET: ..... ~.; .......... T~me ~k c~ ',.~he=h~ -~.-. - , .... -CXMISb.~NEk 2AViE: --.~ .-= ............ =- - ' 2 iA' ". ~2 "11-3! I Q ill :.',i'. lc '../o~k i~ su~ ~s -- he,fl The hcar:{ wor~.s let -- '..:h~t :i~'~ri ':'. -i ":: f 'lA:- ;{u '- ...... - ..... ~ ....... = '' ' ~erta,..i./ makes F~ ~reat ~e~' ~ zenxe A:.i ~;.er<- '..'.~;: .'iN--: ii.sc :iis,-..i Ea';is Boulevard a:id the e>:is--:ic ;a~e ':'cu ran intc? - ' MR. FOLEY: '7ha]'3 e:.:a-~" ........ -~.-~.. ...... - .... --. And so ~here's reail',' ns ssporuunizv us ]:e into '.nau. lf'.'s[em --- a sa~ condition ~n c~ ~er ;~ people the east and access the proposed PUD. There also was some discussion of ~ryin9 ~s nave ~n alternate route for the road and ac~uaily paralleling ,h_ entra _~ And h~s whole area -- excuse me. This whole area located here, wh!ch directly to the east sf the existing driveway is ail censer';a[lcn easemen~ pursuant to the dis=rict permi~ that we've chta~ned here. Se we really had no oDpor=uni~ies ~o do any~ ~!se. COMMISSIONER DAVIS: .-hank CHAI~ BRUET: Anl ...... h~ uues[Lsns ~yone in the public 2are ~o sddress ~he issL:e7 close the public hearir, g. Pleasure of the koard7 COMMISSIONER DAVIS: .... ma}:e a mo~lsn isr i~ur3'.'a , :_ncludi:~c: cur counsel's remarks -- Cb~IR~ BRUET: Yes. COMMISSIONER DAVIS: -- ac ihe segixnlng .if ihe hearlnc. COMMISSIONER URB~IK: 2 second. C~I~ BRUET: lhere ~s a molten ~s eppr~-,-e sv "smmissioner Davis, seconded by Csmmisslaner Urbanik, ~aklnc :his accsunt commencs made by -- MR. NiNO: ;~ld i assu~,e ~ha~ includes The amended plan. COMMISSIONER DAVIS: Yes, ~hank you. The amended plan that was given to us during the hearing today, MR. NINO: ~d inc!uding7 Page 14 ~cmmen~s made 2'. .... ~uzo' Ali in 2ppcsed? No response. iHAiK~; HRUET. Mct~gn 32rr~es. 7O:~4ISSiCNEK >;~.GE ~ Er. 2F~iR~.~ 5RUEU: Yes. TOMMiSSiGNER WPJ~GE: 3n 5he hex% '-em, -'m go:nc %~ remove rQ'seif and become a me.er 2f che oubli-. CHAIR~ BRUET: So ncced. Petition Nc. R-98-iD. This belng a publli hear'n~, wishing to speak to -his issue, please stand, r~ise l'cur 'i~ht hand and repeat after the court reporter. (Speakers were duly sworn.) C~IR~ BRUET: Ron? COMMISSIONER OATES: Mr. Chalrma- -' 4 ' :>~ ~ ~mm~ that Mr. .,~no is not near.v as attracsi','e as Ms tray. MR NINO: You know, - ?.'as :cinc -~ admit %c %ha5 eauli~~ iOMMISSIONER DAVIS: A 'it~'~ie slower' , Ccc, _:";e nosiced. ........ cots. ~.on ihe petit~ ,c,, ha~ s tefcre ':'ou seeks ~c rezone 2,2r%ai:i propers., tn immokalee Road on Main Street {sic). - can't ge% %ha~ -- it's on Main Street, ~=or -- ' mean, First Street, as vcu. come into !mmokaiee. '''s tight across from the count?' facilities, zhe jail and count'/ 3ffices on Firsu Street. This petition -- the land is zoned C-4, and the petitioner is requesting that the land be zoned C-5. And his -- the purpose for the rezoning allegedly is to accommodate a bus stop -- a bus terminal. Bus terminal is a C-5 use and not a C-4 use. Ail the -- zhe property around =his property -- 5he surrounding properties are all zoned C-4. There really isn't any ~nconsistency with the Growth Management Plan -- I mean the Immokaiee Master Plan - because the encire range of com, merciai zoning districts can be allowed in the immokalee area master planning for that particular area. Page -hat s:-.e in '-~--- -ncaa:on -hat ~ne pr~.. --; .... reccmme~dir, g ~. ~eni~l ~f -~ reztnlnc 77 '2?.MiSS-"iER ~A/ES: .... 3.iR. :iZIiC: Ues. ..,e :,s. ';?MMISS i [TIER ;LTiE: "'" ?'T~ Sa'.' bUS '= .... ~ ' - .... - lhax 1-:~o%., ibis :en'zleman '.,.'~shes 12 make r~f %he FruNer.~.-' :.'e're 7rccaZ!v ta!k~.nc ~!:z':~ -'.,'~ ::uses ~ Jav ~cr:nc ............ .~nc ', .... :alii..` '".'e !eaiz '...'::h :his :ssue ze-~:'e .-~ {nd think :.;~ ~--.-~ ' = - m nc~ m:s:aken, i zh:::~. ',..'e have zwo ozher bus 'erminais ~ -mm~>ai~ And f~r 2he life of me :an cut why immokaiee needs so many bus s~a=ions, ku~ neveruhetess - CO~ISSIONER 0ATES: They must be zrying ~o ge: rut cf MR. NINO: There r, ust be some underlying reason [zr ~ha[. And perhaps =he pe5~ti~ner ran speak to 5hah. MR. F~: Well, 'mmokalee is basicali-f a seascnai town. Mos[ uf 5hes~ ueoDi~ come zn .he._ to work as farmers And a lc~ ~f %hem pun }'ourself on record. - MR. F~4: My name ;.s Amin Fa:ah -' :' ~ :n cf . m ,,e._ kehalf Sreyhound and Firs[ in 'mmokaiee, a lc: cf 7ecple rome and go, seasonal. >;hen :oma5ces are us, -hey're :here. >;hen ':cma~ces are down, they usuailv ~o to Quincy's ~r =~;- nd _. -' - - -. ......... cron ~ th="'__ ravel ~! 3vet wherever znere's farming. And a ici ~f the ':cmmunities around -~rst _c: cz these people, a _o~ cf senior :iz:zen, 'z 3:','es :hem the oppor:unity to go -o For: >>yers ar come :o :iaples. Because we oniV have one cab service and mosz of zhe zime, :hey're noz working. Mosz of =he o=her buses on!.F ~ravel to Texas, Mexico and dhev do not the same service Gre'/hound does. ' ~d we're noz asking for a ~erminal, all we're asking for is a ~us stop. Basical ~ .. - -: .... are two buses to three buses a day. Nc Page 16 -.i.'-.'.i-.es . >~,o. ~.c '------,'-----~.-~- ' ..:.,.:. --- -, vt, "Z:F~ ".%~ --' - ~erha.ms '.,'ha: -.,:~n: ze ~.q =.~z.~rcprza~e action her~ '..,'cu]~ be :ndirate -_ha~ -_he :rzzer-v -: -~-=d _ !e'.'elspmen~ uian be a prerequls!ze of --hat. And --he s'"e deveicpme>.-_ ~ian indicates sDeclf~a~., :,;here the buses are ~ ' - ...... ~c: n~. ~ ~ccess he u~u=rt',' and b= =ia .... =~ '...'h~le helnc ~=-'~a~=~ -.-x ...... rded. i.'-iAiRMA/$ -=RUE/: Just a s~-c~e 'use is what ;'~.?.. .~.,~C: ?st a s~.-.gle ':se, 'yes. And tnaL '..:e _2.-,,12 ~ne of -~o tO become a s.cr.i can~ '=rmlnai "~=-.' .... ~ Because Z would remind 'you, '-here is a lot of _and 'n Zmmokaiee '-ha~'s zoned Sndustrial alcr. g :lew Marke[ Road, ~n~ :~here ~re -:eai~v ocher properties ~hat would be more suitable for ':'our more -cn"='rC~na! ~us termi-a', ----~ -= .......... -- - -i.~- -~ mDact . -~ if we re 5alkln? abcuz '~ne cr -_wc buses ~ da'.' '.';ntcn was Slt'sa-~o.~ with reszec- -- :~ E:<.nresso. '.'ou r,/cht '_'eta= , ._~n~ 5haE '..,'as ........... ...... sua::en. _ wis.-. _ !lad '-ime - - iD -nag ana!':'SlS, t'~:z -_bls '..,'as -hrs',,,?. ~.2 .T.e '-- z'n,? -aS'_ --"-5 '_F.a~ ' -~ --~ .-- -~; -~ .... ' ........ . __ - ............... --=',-., ........ ."'.-,x~ _ ',,,'~'- ~ 4'd,~es- , 'thaT. '...'e FUr- ..a, ','er'..,' limited ~us access prov'_sion ;:-,. '-_his -- in -_he re z or.i.~c - ~ .... · . - _. ..... :~nsw ~f :.Is. £tusent '.,;culd have ~ prtt!em with ~ha5 :,!S. STUDENT: :Io~ if i'~'s agreeable by 5he petiticner, then don'- have a legal problem 'with it. i.HAIRMAN BRUET: Do ':'cu understand what he's sa'.;ing? MR. FAR. AH: Yes, ~hat's all i need. CF-AIRMAN BRUET: Just a single use, tha5's a'' -ha% -_he zonzng would apply t-_ cn this particular site. :4R. FAP. AH: Like said ~a~r we only have r: ' ~' buses. And that's al' we need is two -o ~~= kuses. They usuaii-.,' stcp in for five minutes --o pick 'ap and drop cfr. We dcn't need no termznal or anything like C.RAiRMAN BRUET: i favor -he idea. Any further questions cf the _sen ~ ~icner? Page iT .~H. ,41,,~: ~UD~eC% 3 cur SDP -'= ..... = .... · ........... ' . ~ -= .... C .... hedge ~._cr.: :lrst :"-' -:mpllance. . ' I'"' i ilea~4 l.'S~ ves 10MM!SS ........ , ..... ' ' ...... ~ .............. ' ...... - . h~ve C-4 uses. iHAiRMA/; SP. UEi; '{~6 "..';:= keen :.,.' i-;'.-;."..' ].!R. t;i];C: Tlc '...'e've hiin'~ "'9,1 -' ........ ~ .......... . .... '2H~iR~{ ~RUEi: ~:av. An','t~ in the ihe issue? Please s~aue }'our name. COMMISSIONER W~GE: My name :s Sar':' >;rage. And ~ne ~sszsuan~ county attorney reminded me when we excuse oursei';es, 'se're supposed ~o give a reason. These gentleman, ss well as the owner iha~ ~ do business with in the institution in which i work, i'm accusln~ed with. ~d i agree in csnceD~ sf what ':'ou arn trying ~ -:~ ~ ~n. - believe the o~he~ two bus sites are ~ ' ~ - - ~-~..-- =ocate~ next c or are cn an industrial site. The one that was ~ust~ menticned h~re.~ is right next to a canal, which is next to an =~.~o.t And acain. s',~athize. _ with these f~lks, ',,;hat -kev are '~r','inc lc ~c' . - think in %h= =tm ~ '- wn' ..... osp ........ ich lmmcKaiee Ls lr',':.,~ us rnange their imagine and -he agony that they '.,,'en~ through with the zoning nc~ 5oo many ',/ears ago, i'm adamantly aga-nst changln~ ~he zoning. _=~:ed Ms. .,~u~a,,,'~. and ~eaded~_ wit~.. h~ .......... -- -='' m~ ~nsther '..;a',, that %his could be done. And correct me, Rcn, kut i ich'- 'sei ieve ihere's another way they can do this except what's before you today. I really dcn'' think it's appropriate for lmmokaiee. There :s a _o~ of other areas 20 hold 'he bus stop, so lo sDeak. And i realize what they re t~- ~- - ' -/~g o do is minimal. And agree with him, the buses and the trucks that are going up and down 'he road. Hhat i see are the other people coming back here next year cr two, wanting to do some other t~e of C-5, and it is an extensive zoning. ~y questions? Thank MR. NiNO: ! would simply reemphasize that staff's recommendation is a denial, basically. Page i$ .';F,. h'i;~C: ;es 2e,Le','.a Lc '..,'as. · -'- · ., .... : ~ ' Y-~Q'L% _ .:-_- ...~ ...',: .; . ;~-?.Mi££ia:;ER lA';-£: -' ! is:t -.-. £~?.&i-~ 'ii ':LIE :;l.:k'l. 'ihi% ..... ......................... .r -_~ ........ ~;..,.~: r- e'2 A% s,~. 1'9 was szF,.J _,:.., a~lX~:. -~"5 was .Rp. iscap~.:i! '~- submitted. - ~eiie';e -lin r ..... h~ ...... ina ' ,--~O~ WaS . ~ .35 ...... ~-" re~re~ented 'k¢- And -~'~ was a 'andscase alan lssume ~he landscape ~ian was 'mpiemented. 2CMMISSZC:;ER SA'liS: saw was blackzcp. ;,IR. .;IJO. ika'.'. ;.Te :lave -ode enfsrcemen- la.-:,:. ?ok '~u '' . 20MMISSiCNER 2A'.'iS: lhaxks. THAiR~.; ~RUET: Anyone else care lc sueak %3 -:%e pus!is? Therefore .... c'~ :he -,ut*-- hearlnc Pleasure of %he board? COMMISSIONER DAVIS: :4r. ihalrman, l'l! make a r. oslcn that we forward Petition R-98 iC, *¢ he 5CC wl~,. a recommenda5~- ~= denial. COMMISSIONER B~D: Second. THAIR~ B.,u=iD"~-: ~r=~ ...... iS a 10~iO~ ~" '13~iSsiC:i~,, '- iL'is, s~csnded bv Commissi¢-or 5uii =ca Ail in favor? ~0MMISS lONER iRB~:iK: Ave. 2GMMISSiONER PEDONE: COMMISSIONER B~D: Aye. COM=MISSIONER EAViS: Aye. CHAIR~; =oU=-: ~ ~ ' ....... ppos Aye. C~I~ BRUET: Motion CaTTles. Agenda item E, Petition No. P%~-98-22. .-his l?ezxc ~Speakers were dui! sworn., CF~I~ BRUET: Thank you. COMMISSIONER~V~S~* ' : Mr. Chairman, in %he way o: disclosure, had a brief meeting with Mr. Varnadoe abouz ;his. project. CF~I~ BRUET: i've also aiscussed %he prcjec5 with Mr. Varnadoe. Ron? Page 19 ~ et .......... --'.- .~ :%:3.-. '_.-,a% ' s 'sefs--~ '/cu :~-~.-c ':'Dui- r:-'zr, menia: --~.-... ...... ia.',d ihaz : .:z.-.~.i i.:"l'_":,l :r~l. - :~ S ''a~._X'iV '- .......... ' '' ' ~ '~= ......... ea. .-hat Zx-_l'z~es 3in~le flr. ily i i.-..'_' ". ---_ ....................... =:. ........ -i:il.-.~ the i.T, 2:r.~rT.?.x'.-2 '.'.'er% "'3 i! - i " ' ~ '~ .... ....... z.._ .:_.''_ l.i~ S--a=z ind :ii Nar~:iz'.il.i'- >is. ~:erhlebrook un ih~.': r~n? i:'-.d :'.-..mokaiee .:.sac.. -~MT cS ~,-,,-- . ........... -'.~. '.i.--ES: -'l ' S ',.,nj.': _hey :~ll ..![:::1 · .~ ::l.~ ......... : '.'OAF. i.'.lS :_-- -.he .:.i :hI r:.-.: T-':2 -::l:'..,':l iS :: ?':?':!ehr: :,:. A.-.d ','3~d '.';i ' ' -~ "--"' ,=' ........ ~ - -- '~'~='b~'-O; ;S "=~"' &--~"~-' .... ;~-" i~'.',~'-- This =s '_he laureiwood PUD, which is undevels.-e.i, ':his is 'he .zre~ert'; we're deaz:.-.g wi.n, ~nd "his's ~ne sl~e -:f -he nigh school. To =he rear is Dove Poin~e, the Dove Pointe de:,,e!opmen~, actively under development, You'll note =hat there's a golf course system all along =he west boundary of ~he ibis, or ibis PUD. COMMISSIONER WRAGE: Right, Heritage Greens now. MR. NINO: -''s Heritage Greens. vou're right, Than}: ','cu. Around '~o .... ~ ="s f -_he ' .... s,~ ........ o urs~cseo }US :s :,;as recent~'' ' So -' ' ' ' -., aD~rs','e~. .-.is sron~~-'' ts s~..~..~_,~s~ ',,,'i'_h ~="~ioD~leritS ~ha: are &c:--,-o:',, so~ .... ' ..... . - -.. ~.,~_~~ay and indeed ~:ar.r. ea ieveisDmenus_ thau '.,,'i'_~'_--ss- ..... ~'~ ur. derwav £0 it'~ _..'- ir, ~"~a._ that · ,.~ se hlchlv '.:roan:zed '- -~ "~" near = ...... The petitioner initially asked for 575 dwelling units for a density of 5.9. However, -_he PUD iocumrnt tha~ 'you have reflects a revision ~0 that. ...',~, ',;arnadce has .~___$'~' ~' '~.,_ iensi~v -- ~owered ~he number of dwe''ing "nlus, and subsequently :he iens~':' results from ~hat _swering. - believe -hat '_he number 3f dwelling units ar~ now 523 ~ ~ i~s~., ~ f : ":"~ing ur.{'s sar _~c~,- The Laure!woed PUD, which is a ';acan~ piece of property, is approved with a densit'z of ~. 95; however, i~'s undeveloped. The proper~y ~o ~he scu~h, Windham, is approved for three units per acre. And the Dove Pointe or Heritage Greens has a density of -- what is ~:lat density now? D~ve Pointe is 2.1 dwelling units per acre. In terms of assessing this PUD from the point of view of its compatibility, the s~aff report makes a substantial -- expresses a substantial ccncern about the impac~ of the high schools -- not only Page 2 0 ii~h ~zhcci fsc~ta_' :~ell :'~.--~ ~:'~'----~'"',~ -~ ..... ....... ~..-~' ~ ..... .... ~u "ne ::and .~:':m' ' some ex~enc, have lie - - ' ' ' s a ~isac';anlace - ': "el:lC -.-=~=-- -evelcpmen~. if anymhing, i 5nsn:: 5ne en';'rEnmen:al :mmac5s -.is-' xic-~ densitv, wh~,-~ =.-, ~ _..-- _.e,. %hcuch a higher . ~.. _ ~_,,silv is -- ::cnetheless - . ............ '' he Jet. sit'- ratinn iensitv ratinu_ svsuem, inasmuch ~s ~:'~s~.._ r.~._~_.' zs wltn .... .. ~,._~ mii~_ .... =c= .... : renier, a icws u~n ~'o seven iwel liiz iii'i' As amended, it's nc'.v ~.5 iwei'~nci~ un,ss' c~ a.---= .... '--~,,,.., -hat,,:~ is out cf sca~,=._ with '~he develommen[s ~r:at' a~'~_. -- '"...~'' soon encircle it. ~d given the impact cf the school, - am of the opinion 5hat the .... ,,e_ling uni5s ret P. cre is a reasonable resclu"'c~ lhls land. i might say 'ha5 '5's Seen reviewed for ccnsistenc':' with all elements of the ~--~' ~ . ,=-~.. Management Plan. We =ind lhac :cnsLscen~ wi~h ai' uf 'he e!emenus cf 5he Grcwuh Managemen% Plan. An~ -us~ as imDcr~ancl-,', 5usside sl %hose 5rcwch Managemen% Plan considerations, but based on good planning criteria, we think ~he petition on the basis cf compatibility makes sense for a hi~her density development. When we look ac the ~ssue of %iming, ' ion's chink anybody would argue tha~ this proper:y is no~ ready tc be urbanized or actively developed. S0 it meets all the criteria, the s~andard planning criteria, in additlcn %0 the criseria spelled ou~ in 5he Growch Management Plan. And we recommend approval %c The changes -- as i said, ike changes 5s the .lrcwch Xan -- the P~ primarily ha'ze to do with editing changes. The one substantive issue is the lowering of the density. ~d i would ask you, if you're going to'approve the PUD, tha~ you recognize that my staff report will be revised to reflect Ehe reduction in ~he number of dwelling units and cie density. ,T~IR~ BRUET: Yes, Ed? Page 2 1 · :~,-: Ec'.,;arz :,an-_. i'anspJrtasiJn Ser','iJes £1rector. .... a ..... a~,. have t~ a~oiog:ze, ' ha';e anc%~-. ~eetin~ 1~ -.:r~her like ]~ ha'/e 'h~_ r~--~_, - ........ "~;',"-' ..... 'ha: we '.,.'cui~i .:bN,3:; ieparSmen~'s here, bu~ i have lc leave. CF~IR~; BRUET: Anv ~uessions cf Mr. Kan[? COMMISSiCNER WPAGE: laurelwood will then ha .... ~n access ~c make a left turn? MR. ~T: Laurelwood -- the drive to Laureiwccs access at this poin~ lines up with Rose Boulevard. The four-laning for Immokalee Road reflects a full median opening at that point, that's also the first opportunity east of the school; that is, eas[ sf ~he Gulf Coas[ High School bus !cop, which there's presently a signal, that's the first opportunity east cf that signal for another traffic signal. COMMISSIONER W~GE: Because Aquatay {phonetic:, most of the people coming out of this }Ll has qo~ to make a -- want to ~ake a ':fi -urn, they'~ coinc ts nave 'c co dcwn, sw'~ ieas~ ~wo, hopefully three someday. MR. ~T: if this were a perfect world, everybod}-would have a full?- unconstrained median opening and a traffic si~unal probably =font of every d:ivewa'; in 'he county. CO~MISSiONER W~GE: No, jus~ mine. Jus~ MR. :~T: i understand tha~, and it's not a perfect world. We -- that's anothe~ issue that we have = ~ ~oug,,~ !or. well, the 'fears that I've been involved in these issues, for Znterconnections. Unfortunately, you know, we've said it before, it's a great country and we have no club to force it. Thank you. C~I~ BRUET: ~y further questions of staff?. Does the petitioner care to address the board? MR. V~OOE: Very quickly. For t~e.. record, Seor=,-~ '~a,nadoe. i think Mr. Nino's probably filled you in on all the important aspects. Page 22 .1.~,.~i:a.%~212.-. i~ i.i-'%e 'ii~f%r%Y.'_ iirT,%,S, i'..,'2 .~ ] - i 2:.''. :r ' t-_.' '::i:[ . -- _ % ''2'd . fa;fly large lakes ts nusm zhe prelect ~nward, :f i'zu '...'t'.~l:f. -urn gacks ~ =~,e c~%sld~ ~c%ivl%i~= thln~, that Wl ~--,,-n~ ave .-.ice settl 'ihe sllewaiks -- the hes:unazed sidewalk !iSCEJ3*iiis '..,'~%a5 ~-.-c- =.- .;% :- A--~ ........ :~_,; ...n - l-. 'n--= ~ ....... ~: _]~e -.~.._ = ~iiA '- - · .......... : ................. : ....... ~ ' >=~ ' ' . .... had "~'~'.'.~ l>:~. _~ '.'Ti ...'culh ~ -~ :~l i '~ne reu:Jenz:A' p~ru~' - ~ .%. - :: ucad. 'fs'd ran 9et ts 5he recreat~snai sarcel here. lhe r. ai' '..:av D'.it. aisc have a 'edes~'an~ -.,~-._~,.,.__'-'~ ...... ~tlon --. ....... -"-~ hi~h s3:l~:ci think .n would Be a =rea, t _ccat~cn -~ -~"itv =~=f= ,~,' ':~i :es kids in hich school '~-t don ..... d traditlcnai s~xc!e-iamilv housing. The -- as Mr. Kant mentioned, we have s~own lhe interccnnecticn with the Laureiwccd urc~ect~ha~ ctvlzuslv is {~o~:~ to require some cccrdination with that de';e~er, '..,'h~cn '..:e undertaking at the present time. i don't really have anything else, uni~somecr, e has questions for me. 'Tp~ CF~iR~{ BRUE/: Mr. };rage? CO~ISSIONER W~GE: George, have you had any neqctiations with -he school as far as a ~'aikabilitv i guess, from 'his %c the high school? MR. ';~;ADOE: Yes, sir, we've had preliminary That location may well change. Uhat's -he -- they 'ike the interccnnecticn. We're trying t2 -- their bus entrance is in this area here. So that location may have to come back in this location somewhere, or it ma'; have to go out around the road. We really haven't gotten to closure cn that. COMMISSIONER WP~GE: 'n fact, we're seeing more so 'hah students, possibly -eachers or people that work there. MR. ';~N~OE: i can see. you know, staff and faculty would be an ideal location, plus you ye ~ot %he act~';ity center , .... h~n a mile. i think it's a good iocatlcn for what -'!I call moderate priced hous lng. Page 2 3 Z3'..' '-'~¢J,i,~C~C, '-.~. .---.,, .- ..... ' - .~.nsmner user so -'-m... ;could have 'heir JS,:.'.,M i S S isme~hi.~, the,.- ha"~ ~l' '~=ir s'~'n slot. ace aUl ~- ~': '.,'i~ ...... t .... ~.:~ ~n':-~'ay. And you sr.-'' retain '.,'ours -~cr '-he res~Je::[~a' commun~Ly. MR. VAR~ADOE: >:ell, '~'e don't mind stlcklng as project ~denti=~cac~,o,~ · ....... sl~ns 2cr ~he residential gart. But Z do '.~'ant the abilitv -- that ~s kecoming more and .-.,ore -= ~. probability for them to ha-ze 'heir cwn identlficatlcn sign, she cn £mmckalee ~cad ~nd ~ne ~-n -- ~?.'l .... i'..' cn -h~ .... r'.' '-' ~ "SMMiSSiC'~EP' -A'~ic: -huh. · '",. ','A?,i;ADCE: ' ,,: ,-r, , '.,,'e - - : i '.'~t: '.,.'i ' ' ~- -::r-, '..,'o:'k that tut '-'":'-- ..- · :;i~o. :':'.' ':nderaL~r.h= r.c ' ~ ::au iCMMiSSiGNE?, ZA'.,'Z£: L-ha: zeems ~a:',' is, :s that we see 'hese 4e-.~ ..... ' , ..... ~ ....... s, '.~'e '/e ]:ad some atel'/ -- and "/ca' - misundersta.q,d me, '...'ha: ':'c,c ' ue 9, sk: -c z~, ~.ie~,a ' ~' E~tt':' snla' ' Eu2 ',.;e",'e had some -cme ~;hrsugh 'ka~ ha'.'e kad zhlngs in here -;--~ ',;e J~aue Sasicaii-,- -usc '.cork with Mr. Nino 3n :ha~ point, ~ha~ '.¢ouid MR. V~;~C,E: Al' rlght. C~I~ BRUET: ,~'.,' furuher quesu~sns o~ ~he ~:e:itioner? . . ~l:: sa._ ,s address an ssue? -f hoc, ''ll close the public ~ ~inu CO~ISSIONER OATES: Mr. Chairman, Z would move :o forward Pecition 9~-98-22 to the Board of County Commissioners with a recommendation of ~ ~ ,. , . a~p.o,a~, subjec: co 'he reductis.~ zn density as proposed by Mr. Varnadoe and approved b'/ ~r. Nino. And also the corrections of the P~ tha~ relate to ~he verbiage, ','ith ~he correction that ?.~. ;~an: sai~ thac %hal :~'e '.,'ou].i s?~c~ ';hem ?.ookinc up Page 24 :ppcsed? 3;0 response. SpeaKers :,,'ere JUL" s',~'crn. -_F_Ai.--.:,LA:; BRUET: '-".-.anJ-: '.':':. .:. n? c ....',~R ,':INO: For -he ._c~,"= ~-~ --~n "' -~ ~-~l._lCn Zn:-,:'Z kefcre :.'ct: '.,,'culd have "~.u ~ec :.mm,-: :t :: r~ -,, ~nc :acillzv =~ ........ ~, hat ::~ ::fir/or. al use fzr ~r. ass:s~=~ ';v ' . --. : .... ~...:-u',' ; z'.ll-r-~y.L t ,. ~ ' "-- .... t .... ' ..... or "00 feet south :: 5avis .-hat proper~v Ls bound cn the nor:h side ?,- '.'a :a.n~ 'and. 3n the scu%h side, L~ has & residence. Further to :he east. vcu have Church and its ODDosite vacant property. So we ' -' ---i:ua:i-,.,- of ','er-:' incense development around this Assisted '~--~ -'.,.ng facilities are a permitted use in the Future -and Use Element in :he urban residentially designazed area. Therefore, this .~etiticn, if approved, would be ccnsisten~ '.,:ith :'uzu~ Land Use Element ~ -ke - -- -~ ~ ...... Managemen~ Plan. it's been revlewed by ','aricus -urisdic:lcnal stall -_::at nave responsibili~-/ for assessing consis~enc':- wi:h ~he %row~h Management :lan. ~d the,/ have advised staff :ha~ the petition would ~e consistent with ~he aDDrCD~;. . . ..ate =iements,_ and ; n ~a.- ~-=__~ .... ..la_, :he traffic circula[isn e!emen5, and -he utilities e!emen:s and open space element. The decree ts" ; ~ - _ ~,h_c.. subsequent application cf _~DC ~equiremen~s have :o be addressed, :hose would come at the -ime of site -~;..!cpment plan approval. More important]. -:", however, zs :he ~ac: :ha5 -- : s '-h~ ,~ issue c the relationship cf ~s ~his condi%icna! use as s%ruczured consisten% wi~h :ke intensitv measuremen~ s)'szem in %he Land Deveiopmen5 Code. As you know, for assisted living facilities, ',,'e did away with dwelling units, per se, and we insti~uued the floor area ratio. This petition proposes a =!oor area ratio of .37 instead of wha~ :hey Page 25 l.'.---ii:'.9 dnl~,.'. ::::,,.'ever, .'.s.,:;: :',:-" .~e ..... · ''- ' ',:~- ................ iF. at -',a',' .--~ -u, ir 12',<.~. '-h_-_ir.."f -ha-. Xr. F-_iey '.'nil ~l'::'..; · .... =--~ ~-',,;~'.'s --4,,-=-~. .... =.,- -'-~.. ...,,: .... ,-_-_- ...,:.- , - . 2.'..< · . ...it, ' ....~_ .... -.,, ,, ,.., .,.. . ............ ,,: . - . ........... , . ....~ ....... ....... .: ir,% ...... · -~.~.Z .-.,a','~e --i? .... -~: ----,= _-z cF..=.-_ --~ ....... , .... = ",'~'-~ ..... : a~rO~rl-a~ cor. di~ionai uses have teen met. So this ~eti~ion is not :nly consistent wi~h ~acd .~anninc ~-~'~ria, as represented b.v the conditions that 'you need to meet, because ~hey -~' - =.a address wha~ are approprlate p=annlnc relationships. but it's also ~-onsisuent wi~h ~he Growth Management ~'i~r:, .and ~herefore, we recommend approval. ! would have ':'ou ~pprecia~e tha~ -he resoiu:isn clE~ains a .,um~o_ of stipulations that dea~ with environmen~ai Lssues that have been ~ddressed by our s~af'~, and 2hey're ~ii :ncluded resolution of adoption. C.~IRMA~ BRUEi: Ron, no~ice 'you have nine sz:uui~tlons ir. ~he s,taff report ~nd only five :n -_he reso!u:isn -hat'_- ureuared. Nhich -- ',,'hat does -he -=~;-:oner~- have '.s comply ;,:R. .~I,~0: .... rsas .v. uac~ Zees, '_F.a~ ~ · ' ' : -he - "?.a~ zoos withou~ Zo becin with lha~ doesn Z need ~o se _n saying. So there's one that ~.~n'' necessary, i don't know what the o .... r one -- we!' zhe -- A. ,'~'e mon't usua±iy zu- ., -- C.u-AiRMAI~ BRUET: -n -he resoiucion. MR NINO: -- in the resoiut~on That s ~mu .... ,..t, real!'£. I forgot to indicate that this petition w~ll also provide for 40 feet of additional right-of-way for County Barn Road, should it be widened to four lanes. So i guess that's why there are only five instead of seven. COMMISSIONER DAVIS: in other words, we're going by the resolution. MR ,~I,.O: ihe resolution. CHAIRMAN BRunT: i hope so, okay. Blair? Page 1 G! '.J ce:i-_i.E.-.__ .~.~'.'e .".~ ;c.-eci'_c7. -2 ~,e :: '~';. -..-:':L~ .:-.:;.i · - -".[:'.'=.:: ':-' :,:-:. ::-:.~ '.~ _'=,J.=:i --_~ :'~::.:':': · - .................................. -~ ~,_,2-_e.~ ..,.. . .-.".--.. ] J:-::. : ]:.~,'-' :~;;',' .;~..~:'. .,m .._-_'.? .... i~'z ,.,- ' ,--.. - -, -,, ,- '-'~'.'~"~..~..-.-~ .... she :s a';a'_:~b!= --~ answer anv. ~_~' '.'cur. .cr.c':li %':': have tn'.,'. .~n~ '..;e '~r-_aln!v --u'd-:;~ ::hose ?,'aiiable -he :card hea~ng, snc~:id ,-·his hcdv .zeem -_hat necessar','. ~iAiR,~_~=~ 5RU£T: :';ell. '..;e ::now that -_hey'il recu:re ,-hem au -[-:at-. -~-= -~= proj=~" ':cks "~-e sou-'~ =rcm herb 30 Art'; f~'.ther,- ruestlc, ns -'= "h~ c=-:-lone~?' · · .~=,~,~: .... ihalrman, m.a,,, ..... ia,'_ in-az '-he icy. d= .... -- :- -~= resc, lu-_i--zn assaren-_l',- lc v,-e 2er~alni', ..... ,.,~u:' d ',.,'an~ ..... ~' lc 'F,C_U~e' ' iF. au' in .-.ne '-'esciuZlCn s' ~ .culamicns. "= FOLEY: :v as ce.ii:loner '...'~, 1tn '..:c::k c;'er the discrepancies and make sure -_he':"re :cufcz-:a, tle ',.;ith '_he res$1u:icn language, ~s '- '..,'as set_~..:- ,mr:or -c' us _._ resolution? don'~ have an)' Dish!ems with -'ne s-_af= "eDcrt, 'which seems to have a ccup,ie more sEipuia~ions. We'll make sure it's ccnslstent. ~,.AIRMJLN BRUET: A~nd-he impact fee credi:s. :,IR. FOLEY: Ter:ainlv. i wouidn'5 wan5 '-0 have %ha5 missing. , . loner~ 3HAiRMFLN BRUEI: An'; further cuesulons ~= '_he ce~_:t . TOMMISSIONER DAVIS: >;hat's the -- for Ron or the petitioner, either one, what's the maximum building height we're :aiking abou[ here? MR. NINO: 35 =ee~. 't's in '-he Estate 2oni~c disEr:c5. COMMISSIONER DAVIS: Which is compatible with Estates? C.u~AIR/~ BRUET: Pood point. MR. FOLEY: i'd also, excuse me, 'ike an opportunity answer an,,; questions ,thac the public may ha';e, should 5hat be necessary. CHAIRMF~] BRUET: Certainly. /hank ':'mu. .~yone from the public care %o speak? Please state ','our, name and raise ';cur rich,' ' hand -- or excuse me, ]us5 state your name. MR. FJELLER: My name is Charles Ra',:~ond Keller. i live at 2301 Count'/ Barn Road, which is a 20 acres south of the property being questioned, i have ~ ~-;ed there now for 25 years, or more than 25 · :,ears· i didn't own the land, i";e lived there. To go back a little bit cf the histor':,, 15 used ~o be the SDrawi'= (phone~is; property ~= course, ~ ~---~ Co ie - - · ^'~ _;e_: .... ng Page 2 7 malr.~ained :- because he ha,i -he h:~rses. ;hlliren, people 5here, even !urlng csns:ruculcn. >;hen i~"~icsment ' uu: my 'O acres cue of town, i ? - my fencinc around -- urcDe~'" and also ufo:eot 'he And so ''' ~=>:-- 'hat -he ~eEitlsT. e~ ~,,- some ~cr~ ~,; fencinc ~referab!y a six foot chain-'inn down mv side he really should dc the whole uiece cf C~I~ BRUET: Le~ us have :he ueui~ione~ - MR. FOLEY: For :he record, Blair Foley. The uetitioner has no objection to = . =enc,ng uhe scuuh property '~ne as part cf %he tuffer reuui~m~:s. We can ~usz .cut cn record :sdav that as par-_ of 'he s%i?alaticn in %he resclu%icn ke =enced. UHAiR~ ERUE7: 7hank ..... 3F~I~ BRUET: would assume - well, once aga n, _ ~ lee Blair address i:. MK. KELLER: ~efcre ccnstrucBion sBarBs7 MR. FOLEY: Well, we'd mosu 'ikei~, -- again, Blair Foley. We would probably do it after the ccnstructicn. Euring cons[ruction there will be some sort of si't, :~nc~_~ _ most =~ike!'/ required by the environmental agencies. A permanenu fence won't be erected until 5he infrastructure is completed. MR. ~LLER: Uhank you. C~I~ BRUET: You're welcome. ~yone else from the public care to speak? Therefore, - close the public hearing. Pleasure of :he ~oard~. COMMISSIONER DAVIS: Motion ~o forward CU-98-9 with a recommendation cf apprcva!, with the understanding :hat %he Dac~ 2 8 1.3?!i']iSSi,~NER ' P.~A2~ir.: zecsni. ~ppcsed? No response. 2H - ..... ,'c :low MR. ~ERiCC: 21d c=~ an ehuza~icn, t'.' -~ '...'a',' JOMMISSiONER iATES: Not uood for much of an';~hing, hut you did MR. PERiCO: - know whau happens before i: ~e~s -s my shop. For '~ rec-~ ' - ' ...... C~i~ SRUET: Ed, 'et me guickly summarize, zhe board can certainly =ill in any blanks it was two weeks ago that we had a uontractor here before us who had built a home and was cited for a setback violation, apparently elected to continue on at his own risk. ~d the dilemma we were sort of faced with is the contractor had {one so far in continuing to cons=ruct a home, that it is virtually .done. ~d we felt that it was more difficult to have him correct the issue, because he had built so much beyond his violation point. ~d we were wondering from you, is there not some mechanism tha~ ~ne red :ag process, :r some process 'hat when someone is 'n violation of a setback or other codes, that you can s~cp his work, bring him into conformance, and allow him ~o proceed? Whereas, this person led ',s to b~iieve _ha= he had informal :nspections, and we ~ust weren't fully famliiar with the process, so we kind of need you brought up to date. We felt that that kind of puts us in an awkward position. Ne don't mind having someone make a revision ~o a uiece of property. >;hen it's a very simple violation, we'll ~r'~' to do ~ha~. Bu~ here a person had a violation long ago, -he home is viruually complete, and it's very, very difficult for us now to tell him to tear down, remove, or adjust =,,e home. So that's really the reason for it. ~d if you could walk us through it and realize the predicament that we cot in here as a board. Pace Admlnls~rati..-~ Cede. FS-~. s ','er':' e...~l~ci5 i- "',~'= %nat the ':'au would like tc pass that tut and ?'au can lack ~t :.~E. FEEiCC: '...'.c. ull :.~"~ ~._ .=a',' :_U' ~ Frcbas2'.' ':ar 5~-om '..he 'ru:n. ~ecause '.;;'~ ...... - sav ,,'¢ '.,;' '' ~u ~ ;n~c~,- ..... ..... .~ un[ess tha~ You have 53 u-~s~ ..... a .... rgmeth~::u, a l~ can happen in a i9-da7 Feri%d unt:i. ~hat 3~.~ 0~-.=: s 7e:;u::.~d. The'.' ~suld have as 2F~iR:~{ 5RUEU: "=ah~ "'= '.,.'a= - .... ~=e~ . was up, trusses were se~. MR. PERICC: Yeah, he had all his roughs done :nside -- CHAIP~ BRUE/: "losed in 5o -- MR. PERICO: -- ' Dersona~i'* went ou~ and lacked :.5 the house. C~IP~; BRUET: Yeah, -'m sure you're familiar '~';[h the status MR. PERICO: Sure. CHAIRMAN BRUET: -- to me ~' ~ust looked like an awful lot of work after the violation and certainly after the i0 da?'s. MR. PERiCO: Like i say. 'we issue a stop 'work zrder. What was brought to my attention when Mr. :~icausanti came ~ see me, all right, that he had a problem. At -.hat time he '.vas -old '_hat all work would cease. >;e had no wa'/ of knowin? how much he had oroceeded 'with, because · we -- all of his inspectlcns ';,'ere cn hold. E';er':'tnln_u -hat i~e did was open for inspection, but he just couldn't -- he had his HVAC his plumbing, his electric, he had the roof read':' for inspection. Not the roof itse~` but the ~uss system And had he called ~ .n -- 'n fac~, that's how we - 'agged it. When he called it in to get an inspection, it 'was flagged. Then he brought the spot survey in. Now, whether he knew he had a vioia~ion up front, ~hat I can't answer. But when I received the survey -- I'm concerned. You know, if you're concerned, I'm concerned. What I'm proposing to do is, i went up to saturate the CBIA, the newsletters, everything again to bring this to the people's attention that, you know, they only have that first !0 days that's at their own risk, After ~.ha~, if it's no~ turned in, all their 'work is to stop. COMMISSIONER URBANIK: i have a question. Page 30 fsr ~ii practical surposes. · ,~o PERrCO: . ac ..... tc ' URB~ i K: _ . COMMISS.ONER have a uu,~stion COMMiSSiONER >;R~tGE: A~aln,_ .e~ me ask Mr. ::-'a~:~' ' .~ 'tues. tion. tie beam that we keep going back to, having had ts replace one once upon a time, you can do that inspection after the roof's done? MR. PERICO: No. COMMISSIONER B~D: No, no. COMMISSIONER WP~GE: So he didn't have a tie beam ~nspectlon when he put that roof on. COMMISSIONER DAVIS: Yes, he did. MR. PERICO: it was something to do with the engineer. He had ~o supply us with an engineering letter. Technicaii'/ he did not have a passed -ie beam !nspecticn until he gave us the engineer's letter. coMMIsSIONER B~D: Right, ! don't think he was failed, because a vJ. sual inspection of the tie beam showed the s~ee! wasn't in place or ~hat kind of a problem, it was -_hat he did not have an engineer's letter for the condition, so -- COMMISSIONER W~GE: it was a technical problem he had, not the tie beam in itself. COMMISSIONER B~D: Right· So %he tie beam was formed, trusses were set. ~d it's really when zhe tie beam 'nspection and your truss set 5ha~ are the only inspections you need to get within that I0 days. Then as Ed had said, they can provide no more inspections and you can still frame it, put your electric, air conditioning, everything inside, and you haven't called for another inspection yet, and that's what happens. So at the next round of inspections, that's when he couldn't go any further. Page 3 1 :S:,!MiSSZC::EA ~RAGE: :.;el' ;-.=a '- n~: this. :iMM/S£'i:;EA .',EAJE: "'in:'. -2 .va=' ::e-.?.'i~e '~::.._~ ':'::: .... ~.:i was CC:4MiSSiZ::EF. 'JE~A/[i}:: i nave :~ 7'.'.7:-7.:.:Fd~ E.--.'_'.!'2 -'-,= '~'~: ..... ''' .'~ -'. .,.:'.-.',u. ~. .;.%. i'.. , '.'~_S . i~mm[.;~ilner ""'-anl;-:? 70MMISSiC:iEA '7ECA:;iK: 'Yes. How's ''.e i{--;L -uder 3er'.'ed to -he ":: :~,',. : '-.s .ic~n ~s -u~.,, -Tree l.', And ',ce =: :l~ 2ha~ ' ~,~' ~ "'s~a%ion, %hex,, -__=-= lmme~ia=eiy told that all work will cease. COMMISSIONER URBANIK: Are =hey told in writ-.ng, this is a ..... ed letter? :4R. .~ERiCC: :lc, -cts. u,'" certified letter ~+'~, an','t'-inc. ., . l'here .%galn, i can .urspcse tc issue an acc'ual -.'ed -ag cna 5cb cna spot survey when we have a violation. That is not a COMMISSIONER UEBA/.'~iK: i think that 'would -- prosab!v wculd have helped. CHAIRMAN BRUET: That would tighten it up, yeah. Get that 10-day MR. PERiCO: :';hat we would have ct is at that co,n%, each '.'Iclatlcn we ",~' ' : . ' = ' ~,~ /.ave to evaluate cn -_s own met~- ~ '.'ou ';e got setback and '-'s :,-. ~ ~scl deck, 5ka',', that .~crtlon cf the work ',.~'ouid be stopped, ncc the '..,'nile ennire - p's. : r. ean, '.'cu '.vcu!dn't want ts uenalize '~= YOU know, in this case ~' happened -s ke a garage. He could have actually continued workinc sn the house :f he knew he 'sas going to have to cut 'his garage off. COMMISSIONER WP~AGE: i don'~ believe,,.~- killing an ant with a sledgehammer, is this a major problem, or is it -- MR. PERICO: No. Based on the amount of permits that we issue, that are actually 'ssued, a little over 21,000 permits. It's in excess of a billion dollars in construction value. These are few and far between. You know, you'll see a couple, i think last year maybe there was maybe five the whole 'fear. .And correct me if i'm wrong, Ron. i'm not sure. :4R. NiNO: Yeah. i doubt there -- MR. PERICO: Maybe i~ wasn't even lite. Page 3., 2 c'.' ci;e crdina:;ce ;';h~.- ' '*.'*,--~ ' ' , Fage l- -- :s --c :;i','e l-_ '.a -,he ----iA. ~he ~.$soc!a.-_l~.-.s ...... .',~',,'-"=~'="s ~nd ~-~'--'-~-~ ~.rd ~':~'_ 'ce-educate "he J~D~iC i ..... o .... L,,~se k-~ ? :~! .... .' :' :. '7':,7..~!~2,i ..... cncerned. --CMMiSSiONER 2A','2S: --~ '-~-' ....... ~ noin~, -_::&'-,--:,ne',' are few ir, d far benween, :=~ "~ ; ..... .,,a,.: .......... Aris when __.a .... '...'e .... ~et zha.5 ..... ; --~- ..;e Jo, we re a~:.;a','s :;rc'.'ldec '~u t'nLs .',s ~ _-~n,r~_ nat th;s uecurrinc .-J,C, :¢0U±~.'7 .... C ...... ~ r~ -- ' .- ' - 2 ~ a~ ......... F.~r_ his '.'.'as A 'Ja'-Je '..'nero .cu:l/er really ;-:in/ ~: '_cc:: ~hlr,~--- -- -~ >:R. .:ERiTC: l'?.ere'~ ::2 !cunz ;nm.' r. lni. And -r':s' ':.ecn :i.e. -he :exzle.man -2 u:i~= 2CMMiSS2~' .......... £cu kxo',.;, ' ' .... _ .................. : ....... sm~i.~ixzs cf ':he same and we were told -_here '..,'ere xcne. And since lhen i have heard --hrouch some sources hat '?.~ nas e.. :.IF.~S ~ '~ ~ms wlth Bu'~iding 2epartmen~, ns-_ ?.ecessar:i'; .su~ti.-,g ~ house ':: zhe ',;ton9 place, but in o~her ~reas. MR. PERICO: -.-. all honesty, he's no~ new to ~he industry. He's got a lot to learn, for lack of a better 'way cf pu~ting :~. And i'm sure he'li be 'well educated. COMMISSIONER DAVIS: That's important for us -o know 'when 'we' re considering something llke tha~, and certainly :{hen i~ goes on to the board. Maybe sometimes jus~ a ~rip over to see Ed or some of his people and say what's '~he deal sn -his particular one? Because sometimes, as Mike ~us~ pointed out, -_here can be more ~o ~he -_ha.-, just -_he offic:al _-smpia:n~s -here. it '.-.eiss us. MR. PERICO: Exac~!v,. ~':ke i say, we don''_ know unti~_ it's broucht ',o our a~-tion when -~ surve?' is '~ .... ............ sbu _n, and one of my people up on 'he fron~ counter will f!ae ~t for seztack violations. And we have no way un knowing au -ha~ -line wnau -he sza~us of their house is other than by ',he inspection hisuory. COMMISSIONER OATES: Some of vcu ma,/ reca!', '.,.'e did tr'/ to four of 'as did vote ~o ~ ~-'~ ~he .... 5~,u_ meeting CHAIRMAN BRUET: Yes. No[ quite enough. COMMISSIONER ;4PAGE: Jus[ zc ques[ion [o >!r. 2edone, having been on the licensing board. };ha~ constitu[es ? should sa'/ complaints or 'whau -- would this %':~e ^~ ~~ ~n,ng come before tha~ board? COMMISSIONER PEDONE: Yeah -- well, not really. Putting the house in the wron9 place, unless i~ 'was a complain~ by '_he owner who he was building for, that it was costing him money, then it would have come before the licensing board. Page 3 3 ....... :.:.: :_- .... :.~:.' ~_.:s::::L:~:: .,:ti ..:_:'.::: LL::-~ ..... _-. ~_HAi?.i,L:.2,; .iR"--.- :,.. -' _; sa. ,' _.._--, c:.:~e:'" ~,.'-.-_r :At. ._~::-_ ..tm i:~-:.~~- -',-,_ ' ' ' "~ "4'~' -' .iF. Cf '.'le 2c'.il! ~.a'.'-~ ssi:.-_- ihe l:censln: sca ........... w iHAiRMA/~ BRUE7: if r. he :rsne-r-v ~'.'::=': "~-.-.~': '- ..... :.".m_ __: '.-lie ........................ * "~' "- iC:'iMiSS...,:,;'. .-lEONE: 'leah. -i ih:: :',:ne:- ','a::t :-: ' .... ' ri:ts is.T,~ial.-.: agalxs-_ :'.-~, leu': sa':' il S 2ZSiiX: ire 2'.,.'F..~r licensing~u=. ~ ...... .:~ TCMMISS-0N== PEEONE: .~nd code enfcrcemen-, usc MR. PERIC0: No, not code enfcrcemenu. COMMISSIONER PEDONE: ~'" --n,, don'' have -~s= e::i ..... me~r 5hat's right. :,IR. PERiC0: lhank you. i've got enough. CHAIRMAN BRUET: Ed, did you sa}' tkac once the spot survey is found to be in ';icia:ion of the setbacks, that ':'cu c~uld issue a red %ag right then? MR. PERIC0: i will. CF, AIRMAN BRUET: Yes, skav. :qR. PERIC0: i '^'ill. From-his sc'~x~ sn =sr'..;ari, we ',..'ill aceuaiiv physically put a red-ag on. COMMI S S IONER ..... : ~-",mC~ .l~ld can ' t - - iOY, ' ' ','OLi :~r.C',.; - - MR. PERiCO: .hen ',,'e , .... ~, ~ .... ~. ........ g at ~ha~ ~me. COMMISSIONER PEDONE: Bu~ if you've had a slab inspection on March !st and you haven't had your spot survey by March 15th you give them another fi'se-day leeway, shouidn't '_hat autsma~ically -rigger a red tag ~hen? MR. PERICO: No. What it does, it's automatically ~ust in the system. It stops all inspections. He cannot 9et sn inspection. And ~hat's what happened in this case. COMMISSIONER PEDONE: But you could also do ~ha.. ~o issue ~he red tag to make sure that no 'work is done beyond tha~ point. MR. PERICO: Yeah, I guess i'd have to get with IT and see if ,we can't get these to kick cut through the system in a 10-day period. Am.d if we don't -- hav=n=' .ec.--.ived it, !t"~{ going to he -- you know, i' 11 see how we can ~.et it worked ou~. -'m sure that 'se can get something worked out. Page 3 4 :uzs~axgix~ A~ ~ha2 -l;::~ ..... ' ..... - ' . -~ .' ..... ,, . _l.<e i Ja'.' '-= ........... '.- ~ne ~ioad ~xa~ we'.ve ~o~ . ~cn '..;an~ ~s nave s~a COMMISSIONER }EDCNE: Bu= '.'cu kr. sw -hat's ;~ -~= .... serlsus ~hing, i think. -'.-~ · r~--_~: ' i%u.:', ~ 2".~J. ' '~'~ Der ' ~=~e ~ '.'.3'.i "' slaUlsz. You know, -he ~i:,:-inch, -he sne-lcc~ '.'~c!a~!s:~ -- ~'.' =:"~ = ....... ' a~~ ~ E-CF~v ii:ix' ~ iO ihelr '-'~",~ ' - - ................... ..~ -~ame~sd-z did -~- ~ '~=~ ksmewcrk COMMiSS '~ .......... = ~.~'~=~.~=~-: ~u~ _ :ar. reme~er ioiF. c '.<C~...'- ~.Z .ely Hiah ..... o~ and '~"-.._: c~. zhe ~u~id~ng ........... '= f==~ =rcm wne~ is he, and they had -he_second _.='sot .xour~d- when zha¢ napsened, w~ MR. PERi,iS: ibis .,=s on ~ iiz-'e buiifiinu _s~.-. TCMMISS ..... =.~=m iAYiS: = ..... ~'-- ~'ere 5ir'.', '.'cur DO!E2 '."3U sledgehammers here. You know far ke55er 5hah us, Ed, wha5 a recurring p~'b~=m-~ ~, .... '~ .... =~ s ci_ v;nc~ }'su :~-~: :~: ant' '...'na~'s' a ?nce in a grea[ while thing. MR. PERiCO: _~ s nc5 an overwhelming ~,cDlem. _~ could have been, you know, had the board choose 5o go csherwise. Thank God, you're s~pathetic, you know. Otherwise, this man would have -- zhe owner, unfortunately, this is the one that always suffers for it. C~I~ BRUET: It just registers to me as such an abuse in this particular case. We've seen a few odd ones. but usually they're pcc!s and they're dealing wi~h inches or a fco~ cr lwo -- MR. PERICO: Exactly. C:~IR~ BRUET: -- no problem, ku5 it ~us5 seemed like such an abuse. MR. PERICO: There's no doub5 2n mv mind 5ha5 %his system, be::eve was abused That's my personal = ~' ' ' . -- , · ~e_llng cn It have no way of proving ~hzt, but -- C~IR~N BRDET: Sure, ' understand. MR. PERiCO: -- ;5 was jus5 abused. CP~I~ BRUET: .~y[hing further? Ed we apprec_=~_ you ccminc, ~.nd rome see '.:s acaln MR. PERICO: Thank you. C~IR~ 8RUET: Discussion cf lhe agenda -- addenda? if not, adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:05 a.m. Page 3 5 T?-~'2'~SCP. iPT ~'~REPA-RED ON BEHALF 3F GREGORY TSURT SER:r'CE iNC ~'-" iHER~ ' ..... -- .,. LEONE, NOTARY Page 36 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M.. THuRSDAy, MARCH 18. 1999 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. ADMINISTRATION BUILDING, COUNTY GOVERaNMENT CENTER, 3301 TAMIAMI TRAIL EAST. NAPLES, FLORIDA: 3. 4. 5. 6. 7. ~ INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON AN-Y' ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MhNUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITI'EN OR GRAPHIC MATERiALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATEKIAL A MINIMUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRIITEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMI'ITED TO THE APPROPRiATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PR[OR TO THE PUBLIC HEAREN'G. ALL MATERIAL USED IN PRESENTATIONS BEFORE 'DIE CCPC WILL BECOME A PERaMANENT PART OF TIlE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON \vI{O DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED ..\ RECORD OF TI-IE PROCEEDINGS PERTAINING THERETO, AND FI[ERE. FORE MAY NEED TO ENSURE THAT A VERBATIM RE('ORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON W}tlCH THE APPEAL IS TO BE BASED. ROLL CALL BY CLERK ADDENDA TO THE AGE~A APPROVAL OF MINUTES: Carter Constantine ~lac'Kte Berry Februm-y 4, 1999 and February 18, 1999 PLtMNNING COMMISSION ABSENCES: BCC REPORT CHAII~'S REPORT ADVERTISED PUBLIC HEARINGS: D~,te: Ccpies 10: Petition No. TU-99-1F,, Tony PersichilLi, reprer,,enting U.S. Home Corporauon, rex~u, estmg a 2 year extension ora Temporary Use Permit for a model home at 7890 Naplea tteritage Drive, further descn'bed ~ Lot 2, Block A, Naplea Heritage Golf and Country Club Phase I. in Secdon 9, Town. sl~ 50 South, Range 26 East. (Coordinator. Cheryl Soter) Petiuon No. BD-99-1 Ben Nelson..Ir.. of Nelson Manne Constructton. Inc., representing Steven Meckstroth. requesting a 30 foot boat dock extension to allow for a 50 foot boat dock and boat lift facility property located at "12 San Marco Drive. further described as Lot 25, Southport on the Bay Unit I, in Section 5. Tov.'nship a~ South. Range 25 East. (Coordinator: Ross Gocbenaur) Peuuon No. BD-99-a. Jerry. Neal of Custom Dock and Repatr [nc., representing Alfred Luckerbauer, requesting a 49 foot boat dock extension to allow for a 69 foot boat dock and boat lift facility for property located at 9 East Pelica:~ Street. further described as Lot 40, Isles of Capri No. I. in Section 32, Tov,'nship 51 South. Range 26 East Coordinator: Ross Gochenaur) Petinon No. V-99-2. Stanley V. Richards of Apple Construction Company, IncJOrchard flames, Inc., representing William and Tara Sparacio, requesting an after-the-fact variance of 1.44 feet from the required 30 foot sMe yard setback to 28.56 feet for property located at 991 - 17'" Street S.W.. further described as Tract 106. Golden Gate Estates Umt 194, tn Section 18. To,,,,mship ,19 South. Range 27 East. (Coordinator: Cl~hram Badamtch,an ~ Petition No. PUD-9S-21. David tt. Farmer, E.I., of Coastal Eng,neenng Consultants, Inc., representing The Club Estates. L.C.. requcsung a rezone from "PUD" to "PUD" Planned Umt Development in order to merge The Club Estates PUD fOrdmance No. 97-69) and 994. acres of the Casa Del Sol PUD (Ordinance No. 89- 70) into a new Planned Unit Development referred to as The Club Estates PUD which W~ll consmt of 51 residential dweliing umts and a common tennis recreanon area for property, located on the west side of C.R. 951 approximately one mile north of Ranlesnake Hammock Road in Section I0, Township 50 South. Range 26 East. Collier Count','. Florida consisting of 254.7_* acres. (Coordinator: Don Murray) Petition No. CU-O9-i Blair A. Foley, of Coastal Engineering Consultants Inc., representing Alcxandaer Salem of St. Paul Ant~ochian Orthodox Church, requesting conditional use '7" of the "A" zoning district per 2.2.2.3 for a church for property located at the southwest comer of the intersection of Imrnokalee Road and ;. Rivers Road. in Sect:on 30. Township 48 South, Range 27 East, conzistmg of 5 acres. (Coordinator: Ray Bellows I OLD BUSINESS NEW BUSINESS .-\. Densitv Reduction PUBLIC COMMENT [TEM DISCUSSION OF ADDENDA ADJOURN 3118/99 CCPC AGENDAYrr~ Till,: l.:;~,lS,\(' .\II,.1'1 IN'(; I,()R 1,1,:1;1(1'..\1~'~' II.\.N lll,:l:.\ ('\N('I:I,I.I,:I). '1 II1.: .\'I.:XTI,:,\i,'.;,,\(:~,iI,:i,711.N(; ~,11.1.111,: II1,i1,I) \1 \R('II 31. I'~'~'~ \1 2:~1 I,~,1, MEMORANDUM RECEIVED TO: FROM: DATE: RE: Board of County Commissioners ',,.. Judith Kraycik, Secretary ,' Real Property Management Department February 26, 1999 Golden Gate Estates Land Trust Committee Minutes Pursuant to Ordinance No. 87-48, enclosed please find the approved minutes of the Golden Gate Estates Land Trust Committee from the December 14, 1998 meeting. you have any questions or comments, please advise. .; It): GOLDEN GATE ESTATES LAND TRUST COMMFI 'E VE:D ] MONDAY, DECEMBER 14, 1998 GOLDEN GATE ESTATES BRANCH LIBRARY Matthew Hudson Charles 'Skip' VanGelder Stephen Greenberg Karen Acquard Sandra Taylor Mr. & Mrs. Steve McDonald - Chairman - Vice-Chairman - Member - Member - Director, Real Property Management Department - Golden Gate Estates Resident DISTRIBUTION: Golden Gates Estates Land Trust Financial Statement I. CALL TO ORDER The meeting was called to order at 7:01 P.M. by Matthew Hudson, Chairman. II. APPROVAL OF MINUTES - September 28, 1998 Karen made a motion to approve the minutes as drafted. Skip seconded the motion and the minutes were so approved. III. APPROVAL OF TREASURER'S REPORT AS OF OCTOBER 31,1998 Sandy reported the ending cash balance as of October 31, 1998, was $367,032.65 and the available cash balance was $311,144.25, the difference being the not yet allocated $50,000 for the Rural Safety Refuge Shelters. Matt made a motion to approve the Treasurer's report. Skip seconded the motion and the repeal was so approved. IV. COMMITTEE MEMBER SELECTIONS/VACANCY Matt welcomed Karen and Steve as members to the Committee. vacant position for which Sandy stated that the vacancy approximately three weeks ago but no applicants replied to date. Matt inquired as to the was advertised again V. 56 ACRE SITE Karen said that Maria Ramsey commented during a prior Golden Gate Estates Civic Association meeting that only nature trails and picnic areas would be constructed on the site. There was no mention as to playground areas as are now mentioned in Mrs. Ramsey's memorandum to Sandy. Matt commented that the park site is not even in the County's five year plan so things may change. Karen added that the C~'unty'i'sVr~t~i~g the Golden Gate Estates Master Plan and the 56 acre site may be designated' as commercial providing the GAC Land Trust with the potential of additional compensaticn if the site is sold. Janet commented that the site would be commercial only if the residents wanted it to be. Karen stated that the site may be more valuable as commercial. Matt commented that the purpose of the GAC Land Trust is to provide land for public uses. Matt said the value will be a consideration but he recommends the site be retained until it may be considered for public use. Vl. RURAL SAFETY REFUGE STRUCTURES Sandy stated the Agreement was approved by the Board of County Commissioners on October 13, 1998. The Agreement provides for two equal payments of $25,000 each. No funds have been expended to date since Sandy is awaiting a fund number to transfer the first $25,000. The Agreement will expire one year from October 13, 1998. Matt inquired as to the status (time line) of the project. Sandy commented she is unaware of any activities on the project. Chuck asked whether the safety facilities can be constructed within the right-of-way for which Sandy replied that a determination was made by the County Attorney's Office that the structures could be constructed within the easement area. Karen asked that the Committee be provided an update at the next meeting. Matt added that if the County does not start constructing the structures within 60 days they would not be completed prior to next year's rainy season. Vll. PUBLIO COMMENT None. VIII. NEXT PROPOSED MEETING DATE Monday, February 22, 1999 (7:00 p.m.) The next scheduled meeting is set for Monday, February 22, 1999, at 7:00 P.M. at the Library. IX. ADJOURNMENT The meeting was adjourned by Matt Hudson at 7:08 p.m. TO: FROM: DATE: RE: MEMORANDUM RECEIVED 1999 Sue Filson, Administrative Assistant B o,~cLo f~-otal)ty Commissioners RamTro'%lafialich, Chief Assistant County Attorney March 2, 1999 Approved Minutes of the January. 21, 1999 Meeting of thc Hispanic .Affairs Advisory Board Please find attached the approved minutes of the Hispanic Affairs Advisory Board meeting which xvas held on January 21, 1999. If you have any questions, please do not hesitate to contact me. attachment cc: David C. Weigel, County Attorney HAAB Members ~k~rri$ C~rter Constantine :~c'Kte ~rrj Copies '~o: 16 1 The J'~tmlry 21, 1999 me. lng of the HAAB of Collia' County commenc~l at agprrrtima'~ly 7: I 0!mn. There ~ · quo~m of five (5) in att~danc~ and later changed to ~ix duc 1o Frank Lc~ey arriving {mt~. Open distr.{tm cta'nmcnced resardin8 the changing thc mc,zling~ 1o a difl'crm! day du~ to m c~flict ~r/th thc ~.JaeduI~ of thc School Boexd meetings. Ka~ Warn~ ~ug,~e.~ we '.~'~it til Chairman Rodrigu. m,, is prc,,cnt fa his input. Minul~ of Novemba- 19, 1998 crmsidered; Kale Warnc'-r move~ to apprcr~ th~ minutia of Nov~nbt. r 19, 1998. Sandra Bux'ttm ~octmded and the rn/nulm w'm-e unanimomly approv~ without Prank Rt:dri~ No~ic~ of Al:~m~ read. Dlsa.asion rqOmting ~ccu.se d~=nc= open far discussion. K~la W~ rm~ ~ m~i~ pr~ ~ h~ at ~c r~u~t of F~k ~i~. ~'~ m~i~ s~t~ a w~ n~ifi~t[~ ~th regards to ~ablc a~ ~ld suffi~ t, ~ ~ble ~ ~ the ocmcza'~ ofcltizt~ ~pp,e~ring and no quorm'n is fi:mm. Finis ~L~ is · 1~ of ~mt m ~e ~d ~d cites. ~cf~e. the i~u~ ~d~g ~ is ofim~n~. Fr~k ~q a~ ~gm~ m~in~ ~e e confli~ to the ~:d. K~ ~wh m~im ~d ~1I m~ify ~e mmwn. P~c d~ ~c ~im of thc m~in~. S~t ~at HAAB ~Id ~,du~ tn~ ~ Imm~lm. ~- ~ ~ ~ Pat's su~im is a gt~ idm due lo ~e Hi--lc ~lati~ in ~m~. Acting Chairman IDavid Ctm',e~ sug~cst this issa. m wo~ald bc di~::u.~ with Ramiro M~l.lich. ~ re~rdl~g Elect$o~ for · n~w Chairman., Vice42b..tlrman, and ~. F~ ~ d~s~ his ~pkati~ b June ~d would l~e to ~msi~ ~e Vi~idmt ~iti~. EI~i~ ~u~ Cha~, ~D~id~t and ~ a~ ~ ~d m~ m ~ held fil ~e n~t A.m. rican ,&~,c~tlo~ at' Univcrajty Women Mrs. Cb. ds Straton be.gins her ~talion in regards to her organizalio,n. Explained they here m Diva-dry Task Fetch, Statt:s that they a.m holding a p~mta~io~ give~ by Mrs. Oliv~t Kxty "Dtalo$n,m c~ D'iv~'~[ty." oa March 30. 1999 at the Main LiBrary c,a Central Avenue fi'om 7:00~M - 8:30PM. ,C,h¢ ia lt:~'tg fia' oool~ating a.gtmciea and organLr..ations such s.~ ours to help public.~.c. Hopes to get a Proclamatkm for thc County Commi.~oncrs for thi.~ cv,znt ~ Via-ua. ri ~ec~mdett the modem. Motion eatrled tmanimott, dy. Icmt~ will get copie~ fi.cml Mrs. Stalcm znd will mail to Ratmh'o's offlcc. Cnm'"'trmcal to D~v~r~ty Kate Wa.mcr give~ a Public School. Explain th~ prOgrtm i$ to recruit in ~dl po~itiocs. ~ ixg~s they m:kk~__.sed were g~p~ em pollcle~. N~d to deeelr~ a policy me~-owin8 and c. han~.ng. The policy ,amuld ~,o They ~t m;n;mtllll Nwl ~ e:x~:~md. The ~x:r~g c,~ will oulliae · policy, provide a l~adm'ahip ~tmittee, addce~ legal lasuea, and wording. Whm ~xuplcted policy will then beo0m¢ · law. Ex'plaiaed th,A tmI~ would prob~Uy have to be acl~ ~nd ge~ involvtxL Meetln~ are ~::heduled cm the 2n~ Thuraday ofeat, b manth ~ the Actmini.~alive Bklg. Dr. Snow i~ providing a divcr~ty Library tl~t L~ open to thc pubLic. Dr. ~ Ltsue~ hl~ to be brought up by him~c[£ Th~ hU= cx.~it:ee could not mb: up on it. Frank Locmey aaJ,: th~ a mocdn8 be h. cld with the achool board teggrding Dr. C-a.rd~a'm. l'~ atatm lhat he is currently inve~Sga.tima Mr. Whites background. School Board agre~ that a HAA.B member be a r~tntivc. PosadNe oem. flict due to Sun~in~ David expLalrm our handa an: tied. That thc bom'd h n~ ~llMg ~ help M h~ fin~g of~e mo~l of ~. C~, ~d ~ ~e ~d ~t he ~ a m~ing ~ Mr. ~ ~d ~d n~ ~ge hh m~d. S~ ~t ~. ~i~ ~ he ~ givm ~e ~ty ~ rmo~ ~. C~ ~ ~e ~I ~& ~d ~ a~t ~c ~eiv~mm ~d abiliti~ ~. C~ h~. F~ks t~ ~is ~d ~ ~ Frank I.xxmey mcplalns a l~eMoas incident with Dm INnter and Mr. Doria. mlnorl~ ~l.~tion. Fe~ls the eommunlty ~hould Hispanic Caxmnunity villi lo~e. David f~Is his al a l~rllc with the Ks~ ~q~lahs ~ h~' ia. la' wis ncl ~ by the bom[ 'I'lut this board h.~ nc~ been silc~c,.. 'I'bm thc l:rrw, arstim ofh~r letter w~ In re~ds to Dr. Carckm~ D~vid stau:s that no action bas been taken by thia boa,rd, ~nd that w: shmdd have mov~ quickly m this Lss~. That he ~&ed for a,n e~nerg~ncy' me~ln8. A me~ing with Mr. White th~! became nothing. Kate explained th~ ~e wenu:d the public to be heard at that me,~,ing. Th~ that me,:-ting ~ a l~.uning Mm. C-rlm~Id ststca that Dr. C~rdoua ~s · good role model fa, thc childrm. David ~ thc bo~'d it'ther~ is a probla-n with thc mectlng belnil hold c~ the 4th llmrsd~y. Bo~d has no Fc~olc=n. States that he wants to be at thc n~xt School D.c~trd meeting in r-q~ to Jssut~ like Dr. Cardona. Mocking stljommed ~.l 9:0gpm Prepared By: Dora Vidaurri Approved By: ~rank Rod'~f~'gu~, ..C2a.~frman RECEIVED February '~'~ 1999 2X(}O Norlh Ih]r,e~lmt, l)rt~c N pie,. Flurida 3411)4 Ms. Allison l lerrington Assistant CI,G ('onrdinauw Bureau of ltistoric Preservation R.A. Gray Building 500 South Brnnough N~rcc~ Tallahassee. Florida 323t)o4)25~) P,E: (Jollier L'ountv Preservation i~oard ,\ lecunu Dear ,Ms. I terrington: This letter is to inlbrm you that thc Collier County llistoric and ..\rchaeohmical Preservation Board will hold a public hearing on Friday. Nlareh 12. 1990. I have enclosed a copy of the agenda/bt .','our review and records. I have also enclosed a copy of the minutes from the February 19'~' meeting. Ifyou have any questions regarding these meetings, please do not hesilate t~ cnmact me at: 941-403-2463. Very truly yours. Ray Bello,,vs Principal Planner (CLG Coordinatorl I {p, lorlc I'tCscr',-atlori,R~, 1~ rb Vlnc¢l~l t\, ~. ',ltltcro %e Filmn Ron Nino lion lamro Nancy .";icmion Preservation Board Phone (94 I) 463-2400 Fax 1941) 6434~968 v,'*~ w. co.collier, fl.us A G E N I) A COL LIER COUNTY I IIST(3RICA L/ARCttA EOLOGICA I. PR ES F. t/\'A TIf)N BOA \VILL NIEET ..VF q'01) ..\..~I,. FRIDAY. XI,.\RCII i£. itm~L IN I'ilF. DEVELOPMENT I)IVISION,COLLIER COUNTY GOV'EI/NXlF. NT. 2S0~I i'{ORSESttOE DRI\'F.. MEETING ROOM "F." NAPLES. FLORI[)A: NOTE: ANY PERSON WttO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED .,\ RECORD OF THE PROCEEDINGS PERTAINING THERETO. AND THEREFORI! MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, \VHICt~ RECORD INCLUDES TIlE TESTIMONY AND E\"IDENCE l;PON \VftlCII TIlE APPEAL IS 'I'O BE BASED. ALL MA'I-ERIAL USED IN PRESENTATIONS BEFOP, E TIlE fl,APB WILL BECOME A PERMANENT PAP,'F Ol7 TIlE RECORD. THESE MATERIALS \V1LI. BE AV,,\I[.ABLE EOR PRESENTATION TO 'FILE BOARD OF COMMISSIONERS. t. :\DDEND..\ TO THE AGENDA APPROVAI. OF*IINUTES: Febnmrv 19. 1999 3. PLANNING SERVICES DEPART*lENT REPORT: 4. OLD BUSINESS: A. Overseas ttighway Barge at 1013 Ridge Street B. Nehrling's Tropical Garden - Update C. Rol-cns Ranch Update D. Preservation Board \Veb Page 5. NE\V BUSINESS: A. Growth ,",lanagcmcnt Plan 6. DISCUSSION OF ADI)ENDA 7. ADJOURN IIISTORIC^I. A(itLNDA ~t 3IINUWES COLLIER ('t)t'NTY HISTORICAI~ & ARtqdAI£OIA ~'~;It L4L iU~ESER'~'o-VFIt L~ 3!,.~.,i,,~ ,,~ F,-b~,^,-y i% It)t)t) Ah,e.,: The Pr~,~rration Board meeting wa, ADDENDA TO A(;ENDA, A. Pn,nihle Local Hi,toe;~ De,ignatlon of H,,,,~, i,, (3o,,,llan,I B. ~ite Visit C. 3I,.r~o hla.d Ar&aeologi~al D;~. APPROVAL OF 5IINUWE& T]~c Preservation ]3nard voted unanimously 16 to I)) ,o app~e ,he minutes ,f thc Ja,n,n,~' meeting sub/crt to thc l',,ll.,,4.a com'ctlons Io tJ,e minutes: { 1 ) Bill '1'>.~,,, ,,.~ i,,-c~,mt I~ Lz'~.'N ~'iN*I NG ,$ t£Rx.*I C I5.5 I)E PA. RTM l:; N'I' R 15 I)( ) ICI': Ray Bello,,-~. '> · · I r, nc,pal t>lanner i ...... 1 ,,ut ,'opi,', ,,f an i,ff,,rmational p,-m, hl,'t -- "Th,' R,,h. ,,f Pre,creation Boar.da." T]d.~ pamphlet ..... pro.ide,l hy the Aa,istant (','r~ifi~,l t~,,,.al Coordinator ICI.G) with thc State Preservation ()flier. .'X.,hlitional infomnation ,,n hi.~tn,.i,- presewatlon ,,qll I,e ,,'nt in the future. OLD BUSINESS: An Over. Fa. Hilhwav Barge at 1013 Ri,If Street: Jeanne Quinn di .... a~,,,l h,'r ,','~n'l .... , the ~e ~t~et {,a~e that has been conveaed into a mai,lential ,I,.'ellint. 5h ..... a ~ho al,lc t,, o{,tain thc name of tl~e p~peay o,,mcr. Ray ,,-ill .... t tile o,,mer a letter to aec if they a~ intercated in oh~ining a Ioc~l hlatoric ,]e,ilnation. Th~ intent is to il[ustrate ~he hiatorlcal ',i~nlficance of the ba~e in the constn, ction of the overseas hithway .~hich spu~d developmem of South Fhri,la. It ,hould he noted that this designation ,,'ill not ~quiw the o~mer to rr~lo~ the stn~ctu,m tn its tt,.t ,l~.,,'.d,e, ,1,¢ .anifi,^,,~e ,,f ti{,' i,^r~,', it ,,'^, ,l,~,,,,,,',i ,h~, ,h.,.,. ,.,{,,- i,,. ,,,t,,,,- ldstorlc ~trmt,..,., ,,. ]~.i,lfe 5tr..t ti,at ,nay al .... I,{alit'>' f,,r loc'al ,t.~i?.n^t, B. Nekrli,,~;', T,-opi,.al t;.,,-,t,-.: Ah..,,^{.l.,. [;.~.k ,li~,-,,.~,-d 16, ,,....,,., h ,n,,, ,h,' .... ',,,',-,1,,, ,,i ,h. taM~n. He in,l,cat.,l tl~at t{~..ul,mr~ pan ri i~ rur~ntly .,,',.-,l {,v ~1~. i:l,.,., i,,n.,,,,, ~t.t,..,,,1 ,. aJministe~d },,. J'lr,. Y,,a,, i:. ~,,},,n. 5~r,. 7ol,in .,ppear~ to 1,~. ,, ~lat,,,-,,1 ?{,'i~, ;,m.,,,,,. ~ 1~i {dsto~c ~c,,anati,,n. ]~ay 15,'i1,,.', -"11 ~,1,1 ~h,' ,~. inevnt,,',. ,ni'o,',,,.,t,,m ~,, tin, /,.,~c,- .end it t,, ]~ .;,'~n ~'o.n~ fo. h.r .ia,,=t.,-.. TI,¢ iS,,.r,} .l .... {,.,,,..,-i r""', ..... {'a,l,.J I). NEW BUSINESS: A.. Goo,ti^,, d was prepar~ ~).. Ro})crt Care. "l"],is report /nrlicates that the propo,e,! ,lewrlopment ,,-,,u[,{ ,,,,, impact any ,itnificant ^rrharolo~i,a[ ,itt..-k., a result of this f,n,lini, d,,' ..,t,- ,t~',','},,p,,{,.nt p{~,, for the Lloodla.,{ ,,.^re.side DISCUSSION ()F AI)I)F~NI)A: A. Po..ihl,- I..o,-^1 Hi,,,,,-i,- t),',;gnat; ...... f H .......i,, (; ..... Il .... l: .:..l,'*,,n,h.,. ;: ..... k .... ',,, ,,,,,,-,I ,1,,,~ ,,',,..al h,~,,I ,'iii...,,. h.,.,...,i,.,.,.,.,t i,.,..,,,! ;,, ,h',,i,~a,,n...,'.'.,'.1 ,,hi ,',',,,h. ..... , ,,{ ;; ..... il,,,,,I ,,. lq. Histo~¢ Site 'k'i,it,: L~,ra ,L'a. V,,,,. .... a,'.,,',l ,I,*, ,h,. ,,,,,,,,I,,. .......... ,,I, ,,-;,h i,l,,.,, h,. ,h,. next me.tin~, for anotJ{,-r {,i~,,,r,~ ~i:. ,'islt. NEXT .MEETING: I:~i,l^y, 5t^,-.h 12. 1999 at q:00 .'~.3I. I(:onfrr,-nc,. }{,,,,m "I~") 16G1 Memo To: From: Date: Re: Sue Filson County Commissioners' Office Helene Caseltine Economic Development Manager February 23, 1999 EZDA Meeting Minutes Attached are the minutes from the Enterprise Zone Development Agency Board meeting held on November 12, 1998. The minutes were unanimously approved by the EZDA Board at the meeting held February 11, 1999. Please call me if you have questions or need additional information. /ho ~ocrt~ Carter A~achment Kc, nstant Ine .~c'Kte 4rry · Page 1 00piti.~ '[0: COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION - HOUSING AND URBAN IMPROVEMENT 2800 North IIorseshoe Drive Naples. Florhla 34104 (941) 403-2330 (941} 403-2331 (FAX) ENTERPRISE ZONE DEVEI.OPMENT A(;EN(,Y MINUTES OF NOVEt~IBER 12, 1998 EZDA MEETING The quarterly Enterprise Zone Development Agency meeting was hch; mi '1 hursday. November 12. 1998. at thc Florida Community Bank. Immokalcc. Flc, tida. Officio and Ex-Officio members in attcndan.c_c.: Fred Thomas..Ir. Gary Dantini Raymond Holland John Kirchner Robert Asbel Lucy Ortiz Patricia LaCross for Jim Penzcykowski Floyd Crews Herman Spooncr .lorry Primus ,Io,4cph l~ozano ,,\1 Newman I)cnisc B hmton gucsts/sta fl' attending: John Dru~ Jill Greenfield Pauline Newborn M ircva Louvicrc t lclcnc' Cascltinc Roll Call - A quorum ,,vas present and thc meeting was called to order bv Vice-Chair Lucy Ortiz at 2:12 p.m. Ms. Ortiz took a moment to introduce ;.md welcome Mr. Floyd Crews. representing SW Florida Service & Supply. a business in the Zone. as thc newest mcmhcr or the EZDA. Ms. Ortiz had also spoken with Mr. l.ozano regarding his mm-attendance, and asked if staff has received a resignation Icucr t¥om him ;ts 5'ct: none has bccn received in thc HUI office. Minutes - A motion was made bv Mr. Kirchncr to approve thc mintttcs o1' August 13. 1998. and seconded by Mr. Spooncr; the motion passed unanimously. Committee Updates Marketing - The Vice-Chair then reviewed the Committee Chair positions that arc currently available. With help from staff promised, Mr. Kirchner volunteered to Chair thc Marketing and Outreach Committee. Staff mentioned that the marketing brochure is now complete, and currently is being printed "in-house". She went on to say that it is now being translated into EZDA Mira,es 11/12/98 Page two both Spanish anti Creole. Thc brochures will bc placed in thc (')CCUl~:,itm:tl l,iccnsi%, in Immokalcc, Florida Conllllunitv Bank lobby, and thc Immokalcc ('hanil)cr of ('OIIlIllCrCc, plus a supply will bc scm to ~l~c Small Business Dcx,clolm~Cnt ('enter al 1:( ;( 'I.~. Lcgislalivc - Mr. l-lollamt then agreed to sc~'c as Legislative Committee Chair, with help offered by Ms. Greenfield of thc EDC. Tax - Ms. Newborn remains as Tax Committee Chair. and suggested wc hold lax workshops early next year. It xvas agreed that word of theses seminars should be passed through Intcragency Council for better attendance. Zone Activity Buddy's Home Fumishirlg~ - Staffmcntioned ti'mt thc company has a targeted ot'>Cnil'~g dale 12/1/98; Ms. Louviere stated that she had assisted them with some permitting issues. Manufacturing Incubator - John Dmry,, Executive Director of the C'ollicr County Airpc,'t Authority, was introduced. Mr. Drury explained thc purpose of the ti~cilitv, and reviewed the plans. He announced that there would be a sccoml buildi,g ,cxt to thc cut:rcm ouc in an.~thcr ]8 months; he also noted that there was an official Groundbrcakin~ Ceremony scheduled Ibr November 16. Old Business- Dan Rcgclski of thc Small Business l)cvclopmcnt Center had bccn im.'itcd was unable lo attend. Ms. Greenfield then discussed thc arca's small bus/ness needs, and that the SBDC would like to meet one-on-one with clients but will nco] a small order to so. Ms. Louvicre offered space at thc Chamber off Commerce building, and will work with Ms. Grecnfidd to coordinate these meetings. Ms. Newborn stated that thc local Department of Revenue currently schedules pre-set appointments with clients in LaBclle and other locales, and would bc willing to do thc same lmmokalee. New Business - Microloan Program - Ms. Caseltine briefly explained the loan program stating that thc program is aimed at Iow to moderate income individuals who want to start or expand a business, xvith loan amounts from a few hundred dollars up to $5,000. She announced ti'uti Florida Community Bank is participating in the program by contritmting to the loan guaranty pool and acting as an active lending bank for this program. She also distributed program marketing brochures, and mentioned that these brochures will also be translated into Spanish and Creole. Ms. Newborn suggested that a checklist be developed explaining programs available to Immokalee small businesses. Ms. Greenfield added Il'mt it should delineate those that arc high-xvage programs vis-a-vie other programs, it was agreed thc .Xlarkcting ('ommitt¢c wmtd work on ti'tis with staffassistance. EZDA Minutes I !/I 2/98 Page three The Vice-Chair asked for an update on the Main Street program. Ms. Grccnlicld and Ms. Louviere responded: bricks are still lbr sale, there is n street dance being proposed alier the street renovations are completed. Ms. Louviere also updated the Board on the status of local matching funds fi)r Lake '['ral'lkmt clean-up: the Board of County Commission was in favor of supporting this issue, but Tourist Development Tax ordinance ,,,,'ill need to he amended to allo'~v Ihr these types oF expenditures. Vista Volunteers kitcracy/Voc-Ed Program - Ms. Patricia LaCross cxpkfincd lhe program. saying that it was similar to a Head Start program in that it is mtllli-lingual, bul teaches the parents and their children. They utili×¢ Vista volunteers to do thc "Icux','{~rk" hv knocking on doors to find clients. Two o£ these x'oluntccrs w/Il start in [)cccmhcl( .";he ad'lcd lhal local businesses grow and dcvclop new prodncts, this prognm~ can prox'id¢ a direct communication between thc trainers and the labor pool as it pertains to training needs. Thc program works closely with Bcthunc, falling trader thc Adult Education classes, and w/Il assess adult students' backgrounds. Copies oF thc grant application, which provides more details, were distributed. Prior to adjournment, Cbaim'mn Thomas entered the meeting, and quickly reviewed the items discussed. He also announced that there had been a Groundbrcaking Ceremony at Farm Worker Village that afternoon, which had just concluded Staffproposed changing the meeting location to the h'nmokalec Airport conFcrcncc room. and all xvere in agreement. The next meeting date is scheduled for Thursday, February I 1 at 2:00 p.m. at the Immokalee Regional Airport. With no further business, the meeting was adjourned at 3:05 p.m. Respectfully submitted: Helcnc Cascltinc Economic Development Manager 02/L:'5 '99 11:54 I ID:BIG CYPRESS BC~SIN FAX:941-59 9 7 ('~ .ri 1 RECEIVED TIlE LAKE TRAFFORD RESTORATION TASK FORCE MEETING ~oarc February 26, 1999.8:30 a,m, Collier Coullly H.usi.g Authority &G IqN DA Roll Call Approval of' February 12, 1999 Minutes Old Business A. Updates · BCB/ColHer County Lake Trafford Water Quality Monitoring Legislative Initiative · Wildlife Foundalion Fund · Educational Activities · Environmental Resource Permit Application · Land Appraisal Process New business A. C.O.E Agreement Il, Friends of Lake Trafford C, BBQ Fund Raiser I) Check Presentation to Governor Bush Other business Adjournment 02/25 '99 11:54 ID:BIG CYPt~ESS BASIN FAX:941-597-4987 THE LAKE TRAFFORD RESTORATION TASK FORCE MEETING Friday, February 12, 1999 Membem Press n_~ Michael Simonik Jackie Smith Clarence Tears MINUTI~,~ Fred N. Thomas, Jr. Frank Morello Gene Heal PflGE 2 P'- - '-'~ / E D F,~ .,~, ...... 'LES (;;)them Pre~ent; Nicole Ryan, The Cons.~rvancy George Yilmaz, CCPC & P.D. Tom Rossenger Minutes of October 23, Motion made by Mr. Morello and seconded by Mr. Thornas to accept the minutes. Members voted unanimously to accept the minutes. Old Bu$1nsee Re~ort on Water Quaiitv Mr. Yilrnaz gave an update on the water quality monitoring. He had no data available at this time, but will try to get something by the next meeting. Legislative Initiative Mr. Tears met with the Collier delegation and is working together with Senator Saunders on a paper regarding Lake Trafford. Mr. Tears stressed this is the time for everyone to push for support from the Collier delegation, but also from Governor Bush. Mr, Morello informed the group that Vice President Al Gore's office called Annie and is interested in getting more information regarding Lake Trafford. A letter from the task force along with a position paper is to get sent as soon as possible to V~ce President Gore. Discussed Lake Trafford stationery. Mr. Simonik agreed to design the letterhead using the vadous loges representing the task force membership and forward to Mr. Tears for printing. Permit Update The perrqit was reclassified from a special permit to a general permit reducing the fee from $10,000 to $100. ID:BIG CYI~ESS BASIN FP.X:941-597-4987 3 Repgrt 9n Wildlife Fg~ndation Fund The figure is under $11,600 and does not include the latest fundraiser which was estimated to have produced another $5,002, ~eport on I~ducationa_ AcMy!tie_~ No report available. Report on Web Site Eric Flaig is no longer providing support, this project will be put aside. Mr. 'rears however indicated he will soon have a senior biologist that he will be bdnging on board and may be useful to the task force. Report on Environmental Resources Permit A,oi;)lic,,eti(~n A check has been sent, looking to get the permit in the near future. Land Appr.aisa! Process The William's land appraisal came in around $3 to ~ million, which is more than what was expected. Will be looking again at odginal site. Mr. Thomas introduced his vision of what he hoped could take place on the property.., an experimental site to restore the habitat. Mr. Simonik indicated that Ducks Unlimited might also be interested in doing something similar. He will follow-up with this and report back to the group. Mr. Hearn also indicated that there is a farmer who is also interested in purchasing the land. Report on Tourist Develop_r~e~..t.Council (TDC} The TDC committed to giving up to $2 million to support the project. New Bu,ine,l COE Aor~ement Mr. Tears is working with the Corps on the cooperative agreement. Friends of Lake Trafford Ms. Ryan gave a report on the successfulness of the last fundraiser. Proceeds were around $5,002. The pictures that Clyde Butcher took of Lake Trafford are not yet for sale. Ms. Ryan also sent out a letter to Friends of Lake Trafford and a few other groups asking them to send letters to the Governor supporting the Lake Trafford restoration. Fundrais~rs Another BBQ with a small pick-in was discussed and possibly another bingo event to raise funds. Ms. Ryan stated that the Conservancy could not up-front any money for this project. The high cost of the last project was the invitations, the cost for the food was minimal and the ddnks were donated. Mr. Team said he could handle some of the up-front money. Mr. Thomas suggested the Conservancy serve as conduits without up- fronting any of the cost. The date for the pick-in was scheduled for March 27~h with the drop end date being February 26th, the dato of the next meeting. Some points to consider for the next meeting are utilizing the media instead of doing invitations, .02425 '99 11:55 ID:BIG CYPRESS BqSIN FP, X:941-597-4987 PAGE 4 secudng transportation through Expre~so Bus Shuttle, doing another auction and securing tables and chairs. Mr. Thomas committed to talking to Carol at the Gaming Palace to use their parking lot and busing the people to and from the lake. ,Other A plan was introduced that would generate more publicity for Lake Trafford. It includes taking a group of children and presenting a check for the amount that has been raised locally for Lake Trafford and presenting it to Governor Bush, possibly at a big environmental meeting, showing the money raised by the community for this project. Frank will talk with Annie about this project. February 26, 1999 at 8'30 a.m. Meeting was adjourned. SUMMARY OF RECOMMENDATIONS AND MOTIONS: Minutes of Januaw 15, 1999 - Bob Weyers moved to accept the minutes as submitted; seconded by Al LePain and carried unanimously. Norris C~rter Constantine I~ac'Kte Berry Copies Agenda - March 12, 1999 5. 6. 7. o Meeting called to order Roll Call Approval of Minutes - Meeting of February, 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 Old Business A. Additional funds for fertilization New Business Adjournment Next Meeting: 4:00 p.m., April 9, 1999 @ Collier County Courthouse Complex, Facilities Management Conference Room 111 Meeting called to order at 4:05 p.m Location - Facilities Management. Conference Room 111. Attendance Taken: Present - Robert Weyers, Al LePain, Robert Cole, and George Pearson, members; Russ Muller, Dan DeCasare, and Sheila Convery, Transportation Landscape Sen,ices; Mike McGee, McGee & Associates: Arnador Martinez, Advan,t. ed Lawn and Landscaping; Jacqueline Silano, secretar,/. Minutes of January 15. 1999 - Bob VVeyers moved to accept the minutes as submitted; seconded by Al LePain and carried unanimously. LANDSCAPE MAINTENANCE REPORT Rus§ advised that Bill Convoy has replaced some broken,cereus pipe and advised that Advanced Lawn and Landscape should be making these repairs. He told him ,,',/here the spare pads are kept and cautioned that future repairs that are caused by Advanced Lawn and Landscape will be charged to them if an outside contractor has to be called in. Bo There was a discussion regarding the rock debris at the end of Pebble Beach. It is the responsibility of the property owner, not Advanced. Development Services or Code enforcement will be notified. Co Mike McGee requested that mulch be pulled away from the base of the shrubs because it is retaining too much moisture. He said the mulch should be raked and turned and should be 3' at all times. D. There are chinch bugs on medians 3, 5 and 19 due too much irrigaI~on, which is due to irrigation repairs not being made. This is also causing dollar weed Mike asked if the irrigation head on median #13 has been repaired s~nce ~t has been broken for four months. This is the responsibility of Advanced Lawn and Landscape; they should be checking the system and ' C,CvKS and making necessary repairs as needed. F. Mike requested that palms that can be reached '?,r'ltt~l a hand r~runer sh, ou,~'' be trimmed as needed as indicated in the contract. 1AG1 LANDSCAP5 ARCHITSOT'S RSPOR¥ Ac The landscape maintenance contract calls for 42 mowings per year. M~ke suggested that since the regular weekly schedule does not begin again Llr'~til May. and with the warm w~nter conditions, that an additional five mowings would be needed to keep the medians in good condition. The committee members concurred. As each additional mowing and edging serwce :s S203 40 George Pearson made a motion authonzlng the additional exoend~ture of up to 51017 seconded by Bob Cole. Due to budgetary ~ssues. th~s matter ,.vas tooled for' further consideration at a future meeting. 7. TRANSPORTATION SERVICES REPORT A Copies of the February Budget Status were dmtnbuted and re,/~eweo Bob Cole expressed h~s concern abouf. ,h~ water bdl of $2100. Since the effluent system has been hooked up for a few months now. the bill should have ,3one do`,vn Sheila will check on the charges for the Pebble Beach Circle and ~}'arren Street meters. Mike thought it could be due to wasted water s~nce the contractor has ,.. not made necessary repairs. Advanced Lawn and Landscape will be notified that they will be charged for future water bills if they do not take care of the irrigation problems promptly Bob Cole requested a monthly detail of expenses Russ advised that AdvanceC La,.vn and Landscape bid $2791 5.9 for Conceot ¢:2 improvements at Doral. which ,,'/as approved ~n De,.,em,.,er Russ ;v~ll confir:'n the pricing and contact them to ~r,,.,.~e~d Dan advised that he has race:veal three bids regarding the refurbishment of the sign at the St. Andrews amd US. 41 entrance Signcraft b~d S940 to redesrgn both signs plus an additional S750 to clean and polish the brass and clearcoat the letters and graphics (S!690 total): Ha,,vkeye Srgn bid S3800 for s~m~lnr service: Sign & Things bid S4694. He also advised tha~ he has received one b~d from William J Varian Construcbon ofSt5750to Cressure clean and re-plaster the ;vail. Mike McGee s',ated that he felt ¢, ,,','as tho respcns~bility cf v,'t;oever owns the monument Since the County obtained an easement, the owner would be indicated on it Dan ,,vfii check the ,,vord~ng on the easement and thru ~ssue *,',,ill be continued next moc;~ D. Dan noted that it appears that this year's expenditure for fertihzer will be S2353 but only $1300 was budgeted. As there was no further business to d~scuss the meeting ,,,,,as adjourned at 5:30 p m The next meeting has been scheduled for March 12'" at 4 00 p m ~n the Faciht~es Management Conference Room 111 RFt":, qV FF: Naples, Florida. January 27, 1999 LET IT BE KNOWN, that thc LIBRARY ADVISORY BOARD met on this dale in regular session at 4:00 p.m. in the Main Library with the following members prcscnt: CHAIR: VICE-CHAIR: Jact, lyn K. Dering Doris J. Lcv.'is Syd Mellingcr Sabina Musci Diane Will/ams ALSO PRESENT: John W. Jones. Library Director Mari lyn Matthcs. Assistant Director Luz Pictri, Sr. Secretary Howard Glick, Library Volunteer APPROVAL OF MINUTES C¢,nst~ntlne ~err7 Mrs. Dcring asked for comments or corrections to thc minutes of December 9, 1908. There being none, Mrs. Mellinger moved, seconded hy Mrs. l.cwis and carried unanimously, that the minutes be approved as submitted. REPORTS OF OFFICERS While convened in regular session on January 12, 1999, thc Board of County Commissioners voted to re-appoint Ms. Musci and Mrs. Mellinger lo another 4-vear term on thc Library. Advisory Board. At the samc meeting. Mrs. Dering addressed tile Commissioners requesting them to increase tile rate of growth et'books per capita. They agreed to do so. Mrs. Dering £ollowed up with letters ofthanks lbr their sup[)ort. COMMUNICATIONS Mrs. Mellinger thankcd eyeD, one for changing tile time oflhe meeting to accommodate her schedule. Mr. Howard Glick, a library volunteer, was present at the meeting, lie spoke to tile Board and asked what was the main reason for having book sales at thc Lib~[¥,, Jones explained some ortho reasons for having book sales. Mr. Glick also suggested that / Date:. the Library ask the Rotary Club, who was having a book sale soon, to donate their leftovers to tile Library. Mrs. Mellingcr stated that this was not a good idea. since all hooks that are put out for tile Library's book sale are checked over and selected hv Librarians and then boxed up until the sale time. unlike those coming from thc P,t~tarv Club. UNFINISHED BUSINESS Mr. Jones reported that plans for the Regional Library arc going well. The Board reviewed the nominations submitted for selection of the Library's. Employee ofthe Month. Mrs. Lewis moved, seconded by Mrs. Williams and carried unanimous y, to select Carol Mitchell from the M'arco lslnnd Library, as Employee of tile Month fi)r January 1999. Mrs. Matthes stated that she has not received any complaints or concerns related to the Interact filters. She said she did have comments from a gentleman from Leadership Collier about tile filters. The only other problem tile library is expericnci,g is with thc flow of traffic, mainly patrons wanting to stay more than their alloted time on tile computer. Mrs. Williams stated that silo had received a complaint from a library patron who expressed his concern about monitoring of the lnternct al the Libraries. Mrs. I)ering suggested that this person express his concerns directly to tile LAB. Mrs. Matthes stated that there was a problem in the system with tile method of calling reserves, whereby tile computer was calling patrons, whose reserves had expired, for a second time telling them that their reserves had been canceled. It was not tile intention of the Library to call patrons a second time il'reserves were not picked up on time. This problem has been resolved. The Board discussed the possibility of conducting another tour of the Libraries. Some members felt it would be better to wait until April, when tile season is over. NEW BUSINESS Mrs. Mellinger requested copies ofcirculation statistics by branches. Mrs. Matlhcs said she could provide those after thc meeting. Mrs. Dering commented that the VA (Young Adult) collection is not very extensive. Mr. Jones explained that the YA collection has the lowest segment of readers, therefore there is no money for writers and publishers of those materials. He continued by saying thai the Library buys what is available in the market for that age group. GENERAL CONSIDERATIONS Mrs. Mellinger complin'~cntcd the staff of the Library. She xvas rcfemHg Io the article of the day that had appeared in the Naples Daily News concerning tile lax Forms. Mrs. Mellfnger also stated that she would like to keep receiving a monthly activities calendar from each branch, in the form ora calendar. DIRECTOR'S REPORT In addition to his monthly report, Mr..lents presented a cody ol'a dcsiU, n Ik)r thc ,x, lm'co Island Memorial Tree Planting Plan. REPORT OF THE FRIENDS .NOne, no members were present~ ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Mcllinger moved, seconded by Mrs. Lewis and carried unanin~ouslv, that the meeting adjourned. Time: 5:05 p.m. DIRECTOR'S REPORT ,lanuarv 20, 1999 NORTH REGIONAL During the last BCC meeting the commission approved our selection of Barany, Schrnitt. Weaver and Partners as the architects and project managers for the above thcility. They also approved the transfer of approximately $340,000.00 from our impacl fees reserve lo cover this cost. GOLDEN GATE (See attached memos). As. yet I have received no reply and have no confi'ngcncy plan developed. MARCO ISLAND We have had continued problems with our computer link-ups on thc Island. Thc under- lying problem lies with Sprint and is beyond our control. They worked on this problem all last week. As of now, the scrvice is up and running. Denise has rctumed from hcr leave, thus the personnel situation is back to normal. VANDERBILT BEACIt This branch continues to grow at the largest rate in the system. Circulation during thc month ofDeccmbcr was 21,240 compared to 19,247 in 1997 and 17.368 in '96. Allison Saba, Branch Librarian, is doing an excellent job at this location. EAST NAPLES We have had many compliments concerning the new carpet at this location. It is a most attractive color and fits very well in the visual aspects of the building. ItEADQUARTERS The two front porches on the building have now hccn developed as memorials. One cvcn includes a running fountain. The county has contracted with Tin(hie-Oliver and Associates from Tampa to update tim impact ordinance for E.M.S., Road & 'Bridge and the Library. I have rcqucstcd that they review our ordinance and consider adding the following items. 1 ) Increase impact fees to reflect advances and cost in developing and providing electronic data to the growing population. 2) Include library, impact fees on those permits issued for commercial construction. I will advise you Wll¢ll this study is completed. BOOKSALE This year we plan to bold simultaneous books at the Headquarters ami the Marco Island Branch. Memoranda.un CC: From: Date: Ro: ,'-;kip Camp, Facilities Management Director Thomas Olliff, Public Sen'ices Administrator John W. Jones, l.ibra~¥ Director January 13, 1999 Golden Gate l.ibrary Sewer Project Two years ago we knew we had a problem at the above mentioned facility. At t:mcs, thc odor ,.,,'ns bad that some patrons and staff members claimed ill,less from being in the building. It was decided by Facilities Management that the only viable and permanent solution was to connect that system the local sewer system. This was a planned project and at least from the I.~brary B~mrd's pcrspcctp.'e. a project of high importance. During thc budget process last .','ear we were told that fimds were being placed in Facilities Managcment's budget to take care of thc project this )'ear. We requested flint thc project be done in October. We were told it would be done after thc 1" of thc yc:,r. I enclose for your perusal a copy ora report filed with mc by our Extensmn Services Librarian. 1 would sincerely appreciate your reviewing this report and responding to me tn wrstmg pertaining Io its correctness. Your written response would greatly help as 1 present Ibis dilemma to the I.ibrary Advisory Board, particularly the Golden Gate representative. After which, I have no dmfl>t Ihat I xvill have to respond to Commissioner Constantine. Your tolerance in doing this for me woukt bc greatly apprccm~ed MEMORANDUM TO: FROM: DATE: SUB J: John W. Jones ~,Larilyn Ii). Norris, Extension l.ibrarian 1/12/99 ' Golden Gate Library Sewer Project '['his is to update you on fl~e planned scx,'cr connection project for the Golden Gate i~,ras~ch I.il)raq'. As you are aware, for more than a year now, we have been experiencing continueus problems with waste removxl at this brm~ch. The current septic system, ~.'hich serYes tile facility, is i,ladequate and faulty. We have had retx~ated backups of sewerage in thc public [)arhrc~ms, ~n thc floors anti x~flls, and in the draLqs in thc staffworkroom. Sewerage odors are frequently present in thc building. Patrons and sraffhavc made numerous complaints rel~_rding the smell, which at times can be overpowering and sickening. Facilities Management staff have Lx~en most responsive in doing what they could with tile existing system to temporarily alleviate tile situation; but their strong recommendation was to have the libra.,7 connected to tile local sca'er system. Sewers presently runs on file opposite side of tile street on Coronado Blvd. At our request, this project was included in Facilities proposed budget for VY99. In any conversations I had with Facilities staff, I was assured that this project was in their bt,dgct. Lq October, when I made inquiries regarding the sewer project, I was told that l';acilities had some projects that were emergency types, and therefore had a higher priority, but our project was on the list. Last week, I spoke with Facilities again to see ifI could get a start date for the sewer. I was told at that time that the project did not, in fact, make it through the budget process, that it was cut. When I asked who cut it, I was told that the County Administrator had. We are now in a most difficult situation. Wc were never contacted to provide information, answer questions or defend the pressing need for the project. I find myself with a facility posing possible health threats to customers and staff, degradation of the facility and its carpeting do to seepage, not to mention a frequently repugnant smell, and no funds with which to remedy the situation. The ballpark figure of $15,000. has been suggested as the cost of this project; unt:ortunately, discretionary funds of this magnitude are not available in the Golden (;ate cost center. I would appreciate it if you could gk'e me some advice and direction as to how you would like priced in this ~tter. I do not ~ow if there is a ~ssil~ility or,other source of funds, the (;ct~er:~l Fund, for inst~ce. But I do ~ow that as ~on develops, the influx ofo~stomc~ at fi~c (;oldc,~ Gate Brach will only exacerbate th~s situation, and we need to find a remedy as s~n as [x~ssiblc. EXPENDITURES Environmental Consull. Akcrman. Sentcttitt. ct al Lc;:is Env~romncnt.',l Scrv Tacknev 8: As.~c~atcs Wilson. Miller, ct al. IX Samuel Sncdckcr I tilbum I lilst~d Turrell Other I'Xpcndimms Sub-Tolal Tidal Creeks 1.2 & 3 Engineering Constructi.n Facknev Turtell Agnoli. Barber & Bmndag¢ Engineering Desil~n Tacknev Tun'ell Atmolt. Barber & Brundagc Capital Improvements Sub-Total Clam Pass Main Channel Engineering C. nstruction Tacknex Turtell Agnoh, Bartx:'r & llmndagc Engineering Design Tackne%' Tun'ell Agnoli, Barber 8: Brundage Snedaker Capital Improvement~ Sub-Total Interior Tidal Creeks Engineering Construction Tun-ell Interior Tidal Creeks Engineering Design I.exxis Environmental WMB&P Engineering Consultant~ [.cxxis Environmental Capital Improvements Sub-Total PELICAN BAY SERVICES DIVISION CI,,\M BAY RESTORATION FUND JanuaD' 31, 1999 F.Y. 1997 F.Y. 1998 F.Y. 1999 Total Exp. Jan. 19't9 Budget Budt~ct Bud,~ct Budt~et To l):stc B::hmce Expenses t51.1t~.~ $ 5-1.532 $ $ 20"."O(! $ 207..:.;I $ I7 $ -I.4flO $ 7.5~() $ $ 79.0{)(> $ 78.732 $ 2~,'S $ 5-I. lS-I $ 32.316 $ $ X6.5()() $ ~6.5ot) S S 17.1i2 S 20.5t13 $ 22325 S t~).(x)o S t)7.t,75 S 22.325 $ 7,(~)1 5 20.59,~ S $ 27.6{ff~ $ 9.997 5 17.t,()t $ 10,55() $ $ 38.550 $ 49,11~) S 10,550 S 38.550 $ S $ em. Sm) S ~,5(~J $ 'L222 S 37.278 5 'L222 18.52.1 $ 161.794 $ 34.050 $ 214.368 $ 28.048 $ 18t,.32o S I,)8 $ 361,999 S 297,344 $ 161,421$ 820,76RS 498,407 $ 322,361.S 9,42¢1 38.9t)() $ · I.8oo $ .1.8(),) 1.34o $ 1.34o 26.790 $ 26.79o 12.3oo S 12.~(~() $ · ,SI)() $ 1.34o $ 11.37~) $ 15.11.1 $ 11.376 1o.361 $0 Sfl $ 244.13o $ 244,1311 5~ 21,737 S 222.3'~3 $ 15,470 SS.ut)() $ 5,S.9o(~ $ 5.t,~i $ 33.262 5.9OO 5 5.90O $ $ 5.9o() 1.335 S 1,335 $ S 1,335 24.9~() $ 24.980 $ 23.8~2 $ 1.148 $ 23.832 IO.(~)O 5 10.f)()O $ 8,737 S 1.261 $ 1,859 2,OOO $ 2JR)O $ S 2.001) 425.fff)0 $ .125.000 $ $ 425.0f)0 St) S¢) S 528,615 S 528,615 $ 38,208S 490,407 $ 31,329 IIJ)O{) $ $ I1.()(){) 'i { o( $ $ 3,o0 ) 17:151 S ~.487 $ It.'t 3 $ 43.t)0¢) $ 2.I(,) $ .m.,S3.1 $ 2.166 SI} $0 S 312,070 S 312,070 $ 5,653 S 31}6,417 S 5,65.3 Page l F.Y. 1997 <y,:.~ ,, Budget. EXPENDITURES Seagate Culverts Engineering Construction WMB&P $ Engineering Design WMB&P $ Capital Improvements $ Sub-Total PELICAN BAY SERVICES DIVISION CL4M BAY RESTORATION FUND Janua~' 31,199') F.Y. 1998 F.Y. 1999 Total Exp. Jan. 1999 Budget Budget Budget To Dale B:dance Expen~cn SI) Ecosystem Enhancemcnt~ Environmental Consultants $ S Othc'r Contr-actual Serv. ~hcr ~mting Supplies Sub-Total So Fresh/Stormwater Analy~i~ Engineering Fees $ S $ -15.Oo. $ 45..~,~ $ S -15,uoI Envirom~tal Co~Jlt. Fees S $ $ 24.(u)o $ 2.1.o~() S $ 2.1.ooo T~ll&~iates $ $ $ 75,0tx) $ 75.ooo $ g.355 $ 66.(~15 $ Oth~ Con~act~i Scm $ - $ - S IOO,(gg) $ I~).(g)o $ S I(g).o(g) ~ting Suppli~ $ S $ I.~ $ I.rg~) S $ I.O~J .$ Sub-Total S0 $ 245,01g) S 245,(X)(J $ 8,355 $ 236,645 S 8,335 11,355 ~ SO Improvements General $ 15,459 Olhcr Machinery & Equip. $ 2.827 Sub-Total $ 18,286 4.72 1,901'1 5) 0 S 20,186 $ 20,186 SI) SO Other Feel & Charges Tax Collector $ 10.214 S 12.1427 $ $ 23.¢).II S 2'U).11 Pro~yAppraiscr $ S 8,637 S S 8,637 $ 8,637 Rcv~ue R~-e S S S $ Sub-Total S I0,214 S 21,464 SO S 31,678 S 31,678 SO TOTAL APPROPRIATIONS [ S 390,499 IS 320.708 I 5, 1,6.0, L..'~ "~'~ I S 2,332,132 I .% t24,224 [ 5. 1,707,9ofl I $ 711,227 ACCO UNTS PA Y A B I, E -,J,\ N 1 IA R Y SERVICES DATE INV. NO. A 51()LINT TI IRU [tilbUm I Iillestad 12/29t97 35793 5, 29,7oo.(x) 12131/97 Turrcll & Associates 01/31199 4 S 17.216.37 01131199 l,ewis Environmental 02105/99 99009 $ 10,g32.16 01131/99 Cecil's Copy Expre.~,.. 01/13199 7692 S 141 ,(,g) 01113199 S V t'~.,., ~ ~ -~: '. peed. Blue. ~:,. 02/03199 10156361 $ 127.01 01/31/99 TOTAL INVOICES $ $7,748.$3 Page 2 N;Hfles. Flori(hl Februarx 19. Session on this d:lto ;Il I ~ 4t A M ;~1 thc Poi:can ~VslcrgalC kV;i). Naples x~ il h Iht lbllm~ 111g Ill¢ nlbors prcscm Dr. Aim, Varley. Chairnl;in Mr. Georgz Werner. Vice Ch;re'rolm (Absem) Mr. Joseph B;mduniak Mr Thom;is Brm~ n {Abseml Mr. James Carroll Mr. E(h~:,d Gri~lh Mr. Glen Ihlrrcll (Abscnl~ ALSO PRESENT: Collier Courtly Comnussioncr Ja,ncs C;irler: Mr Ken Ihumshm. Iht:lin, IOn :;mi Metric..Mr .[allies P. Ward. Dopdrlnlenl Dlreclcl ,ind .".Irs H;irb;u'a Smith. Recording ,<,cc'roi:ir\ AGENDA: I. Roll Call 2. .q~12lllS Rcporl Oll thc CJ4m Bdx Rcs:et;ilion PlOJCCI AdjOllllll ROI.I, C..\ I.I.: Dr. \';irlcx leCOilX,211e(.l Glen thlrrcll. George \Vcrncr, Mrs C'orncli;i Krlogh and Mrs. M;lllrCCl! McC',lrlhx ~x:lll cxcHscd ;I{P',L'IICC', STATITS RI-:P()ICI' ()N TIlE ('1,,.\ M IL,\V I{tL~TORATION PIIf).JECT I('()NTIXI'rTI)} Dr ~,';llll,~'~ reporled Il{at he. ,Mr. \\'ard. ,\IlI lhlllllSloll ;llld ('OllllllJ~M(:]]Cl' ('arlcr lucl xxilll Xlr Thirion. General Mall:igor of Ibc Rcglq[x Resort lind he ~;lfi xcrx pcnM~c Itc xx;l~ ~Cl'X HK'C :Hid obviousl> had gotten a Iol of bad inlbrmalmn alld ~s iiIIdcl ;i IOl of I)rCssurc flora both Imnscl{' :lml Ibc people above hml. }lc is xc~ conccr,cd about Ihe foreign gucsls x~ho hake beth I)mmmcd :~ co,lam kimt Of~lllbiallce th;il may riel be dclixcr;iblc We [XClll IIlIO great del;iii ;Ibotll xxhal ~s UOIlig lO Imppcn xx,h Ibc sludge i)llcs ;11 thc disposal ;irc:l. otc 'Fhc Gild o1' ii is Ih;il Ilo S;lld Ilo Is ;ibolll 9u";, cell\ iiiccd Ih;il xxc shoHld go ;ihcad X~ll}l ii ;llld Jl¢ x~ould I~xc X~llh II }lc ~ F, mng Io go oul this ;iJ'lClllOOll X~llh Nh JiIIIIIIMOII of this bcill~ ;I pile Ihlcc stones lut:h Ilo SiIILI IJLII If ho gel oxcr his othc~ I'Y;, hc ~{mld ilOl cxcIl s}lOX~ lip al lJlC meeting on Tucsd;b. PELICAN llAV .'~,I)VISOI{Y Ft'h rmlrv 19, .. . ~ ConmliSSlOllcr Carlcr ',lined Ill;, Mr. Thirion a~Lcd il' il Ibc v, mL ,.o,ld bc :l¢¢¢lt;mlcd :md il' [P.' JO iIIlllCIJ);i[¢ IJlc~¢ COIllJ)J I liP, Si[ll;lliOll PELICAN BAY AI)VISO RY C(),%1511TTEE Fcl)rli:n'y 19. 1999 Mr. Ward :.:xpl;HiIcd Il:al ,:,0{I C;lll l;1[,,:2 Ill:.: card and iici Itlrll ii iii ui:lcss lh~u,L.'s ;ll~} 11ol ~01~1~ ~cll. Sllllle, It is good IO bc Ihorc. bUl lei lbo key people I:llk and jusl gel ii pul I[:rcql?h AD.IOURN There bcmg no l'urlhcr bus:ncsL tho lllCO[lllg ::d. lo.:ncd al l() 53 ..X X! Dr. AI,m Varley. Chamnan COH.IER COUNTY GOVERNMENT RECEIVED PELICAN BAY SERVICES DIVISION ~o4,~ 801,!~t~BE.L~ .t~i D..19yE SUITE 605 NAPLES, FL 3-t 108 (941.) 597-17,t9 FAX (941) 597-,1502 A CERTIFIED bl UE CHIP t'OMMUNll"d NOTICE OF' PUllI,I(' Y, IEI.71'IN(; NOTICE IS ttEREB'f GIVEN OF ,.\ P,F. GI.'I.AR XlEF. TING OF 'Fl il.: I'lit.l(':\N II.AY MSTBU AD\"ISOR'f CO.~IXII'FTE[-~ AT 'FILE FOL;ND..VFION ('ENTF. It,. ,',;%2 I I..\.XlXi()('K OAK DRI\:E.; :\PLEb. FI.ORID..\ 34 lOS ON 5larch 3. 1999 al 3:1111 AGENDA 1. Roll Call 2. Introduction of Ne',.,.' ,Members 3. Election o£new Chairman and Vice CMirman tbr 1999 4. · Approval of,Minutes ofthe Febrt, arv 3, 1999 and Februap,' 19. 1999 Xleclin,,s 5. Collier County Sheriff's Office A) Communiw Policing Upchne 6. Status Report on the Clam Bav Restoration Project 7. Sub-committee Repo~s Carter A) Long Range Ptamd~g Co, st,,tine 8. Audience Participation . Berry 9. Committee Requests I 0. Adjourn ADDITIONALLY, Tills NOTICE Al)VlSI-iS Tt-tAT. IF ..\ I'F.I~,.";()N I)l'i('ll)l-L~ TO ..\I'I'EA{. ANY DECISION ,".lADE BY 'FI-IF PI:I. ICAN l~;..Vf ..\I)\'I.%()I~.Y CONI.X. IITTI.iF.. WITIt RESPECT TO ANY .\I..\T'FER C()NSII)I!RI~D ..VI' TIlIS \1F.I!TI,G. lie \VII.I. NI-~I'~D ..\ RECORD OF TI IE PROCI-~EDINGS ANI) Tt tAT F©R .<,I.'('11 I'I '1,I. 1'().%I'!. fl[( Xl..\'f NEI'~D TO ENSURE THAT A \'ERBA'FIRI RECORD OF TIlE PROCI:F.I)I×GS IS ,'xl.,\Dl.i. Wt[I('ll RECORD INCLUDES THE TESTINIONY ,.',,ND EVIDENCE UPON \\'tlICtt 'FILE ..\PI~E,.\I. IS TO BE BASED. Naplcs. Florida Session on this date ;il I I( p M al ti,c f:oun(l:llh)n Cenler. S9(,2 tlanHilo:k O:i}.i ~r,x¢.NaFlcs'/ao~xxllh' Dr. Alan Varley. Ch;nrm,m Mr. George \Verner. Mr. James Carroll Mr. Ed~;Ird Gru'iilh Mr. Glen tlarr¢ll Mr. tterbert ttasson Mr. Johll ALSO PRESENT: T~o (2) Pchcan Bay residents: Sir. James P Ward. D.:i);mmcnl I)~rcclcn: :,h K)le Ll~kasz. Dcpanmcnl Field M,m;lgcr and Mrs Barbar;1 Slllllh. Recording Sc:'rcl:,x I. Roll Call 2. ApprovaloflheJmm;in IH. 1999 3. Collier Counb Shcnfl's Office A Commumb' Policing Upd;He 4. Updale oH Chmm B;l~ Rcslor;ml~oH Projec~ 5. Stll)-collllllJll0O ~cpOrl~ A) Clam B~ Long Ra,~e ColllllllllOC 7. AdJourn ROI.I, C,A I.l.: Dr. \';Irlex called IJl¢ IHO¢llng lo order and asked thai Ihe Record sllosx Mrs M;mrccn Nlc(';ulh~ %Vllh all cXCllSCd APPROVAl. OF .MINI~'FE$ OF TIlE ,IANI./,.s.I{V Ig, 1999 MEETING J.llr.tltLrt nun'ed. .~ecomled ,'llr. lla.~.~tm I tlJIpttIvt't/ tlll~lll~n~oll.~[l' lite ,~I[llllfL',s t~ l/l~' .]~llllltlfl' ] ,~, ] ~ MeeHng. SIIERIFF'S REPOICI' UPDATE ON TIIE ('l.A~l B-~Y I{EST()I{.~TIf)N file Cotmlv Parks :111(1 Rccr~aHon pjt,l)lc ;llld lime Rcg~sIO J{olcl Thc sltJtlx I)him~s haxc ~2Hl PELICAN BAY ,\D",'ISORY CO,',,lXlITTi:.H FcbnmQ .t. I Thc aClU;fl plan :~;is Io I;;1',¢ :ill of Iht s;md placed somh of Chun P~lss Thc i~rol)lcm Ih~ll Ill,: P;uks ami Dr. V~lrl¢)' ;Iskcd iflJl¢ Rc~islI~.' RcSOrl Is PELICAN BAY ADVISORY COMM I'FFEE Fcbnlarv 3. 1999 Sir. Rocllig r..'phcd Ih;il ,,*.c ~o 2ol l~.lxc ;i sp¢,:il'ic cst:lit;itc cn II x¢l Odt bids c::mc Glider btldg¢l. $o ~.;¢ do h;l',i2 ;I IilllC rool:~ ;llld il IS IlIIJ'OFIUII;II¢ I0 SI:ltl IlSltlg Thai ~,tp b,21(llC v.,.' cxcn get sl;lrtcd Thcrc is somc bm'~cl'il lo us and is I1ol ii slraighl loss II is probably good in Ibc long nm Ihill disposal me on Iht Cotmly propcrb and i~ a ph,s to us to gel be;Ich quality s;iml on our side of Ibc I,c;sch ;dso beach qualib. !. : ,:~:' i: Dr. V;Irl¢} asked xsllal Ih:Il IIlC;lill'~ Mr. Carroll askcd iFalt Ill¢ matcrial going lo lh¢ Pclic;m Ba} beach was beach quahl? saml" Aboul 9Ii'Y,, of ~shat v,c plai~ on drcdgulg in opening Ibc pas:~ I,~ nf .",.Ir. l';'.oclllg rcphcd Ih;il ollr I't. crlllll ;l~ltp,,,$ IlS lo ~)l;l¢C IIl:llCrl;tls Ih:il p;J,.~, ii t:2tll~ Sh.",C. 'o. hlch baslu.dlx clay is Ioo lille tO bc pill OI1 thc be:ICh. ~,,t hlJh .',oll ia;fill:ill',. ',XOllkhl'[ 'sX.llll lo do ;1II'~',.~,;i', l'l~c pclilul on],, allox~', m. lO IlS~ abOlll Jo"~,ol'lhc Ill;lh2rl;iJ Ih;il ,...;Ill J',;l',s il ::)~HI Dr. Varl% askcd i£lhc slufl'lhal p;isscs Ihrough th~ stc,,c can go Sir. Roellig rcpticd no. Ih:it ln;Hcrl;ll is too fine Dr. Varlcv asked il' rocks COltl,..I bC in Ih¢ material then'~ Mr. Ro¢llig replied ;lIp, lhin,,. > liner limn xcr', fine sand CalllIOl go on Ill,.: I',c;tch and an',llui~t' fine sand all Ihc 'aav iii) lo ;I sizc'3/,v," parliclc s,zc can go oil Iht beach. So flora ~,mall F, cl)blcs lo ~,ClX t'~nc sand can go oil tile be:lc i Uf ar C~ Slaled IJlill IIC II:ld ;I COlllpl;lllll th;il IIIR last IJlllO ;lll)lllill~ ~;Is pi;Iced Oll Ibc bciIch Il x~;l~ all shclls. ~llal v, ould h;ll)p¢ll to shells" Sir P, oclltg r,:phcd Ih;il shells bcmga co;m..:r and n;llUr;ll nl;llerl;ll ~.Ollld '.2'o on Iht be;ich Il ',~ould bc ¢.Mr¢lllCJ) c',;pcnsl',~2 IO ,~ort the shells olll Mr. Rocllig rcpIicd Ih;il ',,.c xxoukl h;r,c Iioublc v~Hh our pcrnnl fl',,~e did th;il Mr. Wet.er Sl;llCtl lhal xl~ Rocll~g I'ch thc original bids xx¢:'c ;ibolll 5.12It.1,~(~ lllld,2F tltll' hlltl.'-'Cl, d,3o; Ih;il include thc .glSI . ll~ conlin,4cnc.~ fcc ' 1283 d'} ; :, ' · PELICAN BAY ADVISORY COMMI'VrEE ' Febmao. 3. 199,) Mr. Ward ropli¢cl th;:t lh¢ conlln:'¢no, leo [~ not u1~hfdml Mr. Ward replied m :l:e :lflirlll;:li~c Mr. lfarrcll asked how deep lho p;i;s ~ould be' Mr Ruelh? rcptiod applOXlUt:llCh ~ddilion;ll scop~ lllibrill;lliOll [¥Olll Turroll ,llld iu~ lllldOr~l;llldlll~ ll;l~ ]hal illlbllH;llion ~.i, ,t;~'ullllOd :llid Ih. Il Ih.", die ngenc~es al Ibis petal. Mr. Ward replied 5es. I]lill IS lbo :ulcnl Dr Varl% asked I]lO dale fi~r si:ltl Turrell is Ioing Io schedule Ih.il lbr Ucxl areas no~h of lbo Poi:can B::x [}each l',,x ihOll Dr. VllllO5 asked Il'lbO dl5[~o5;1[ ,llC;l would t'l;lko tho tltHIC area lughcr ' Mr. Ward rephod Ihal lu~ IllldOl'~ldlldlll~ I, Ih;Il tl x~II bo q:zhll~ hi,her, bill ,omc '.~lll I,o c:lhor lnlckod o~sile or COlllJ]iJC[ IlSCJl'lO file pOllll Ih;Il XOli x::ll :2.'41 PELICAN BAY :\DVISORY CO.M.MITTEE Fcbnuiry .'L I Dr. \';lrlc~ ;~skcd ~flhe as possible 11 x~dl ilol adxcrsclx afire1 Ih~ Op~r;lllOll O~ their beach p:~sd~on and Ibc rcsl;mr;ml~ 'Ibc ;ir~;i lo thc LONG RANfi[ PI,AN'XING ongoing b;ls~s Nit \\'cmcr l,~portcd Ih;il Nit J~lo',~]l h;Is I~CCll ],~oklt]t: :Il lJ~c [:S .11 ~Hc~I~:~H I:~H~I-~:~tHd. pf~;:'t.l:M SIIC[I ~1 ]llt~¢C COtltr]blllh,i1 Io I Cst Ih~[ws ~','c~lllL:'Jhq[~C ;l::.J { ~:~;: ~_[Ix I]i~ ,.:[J~[Li] ~[.',~l,,i~,~ I~[.:l~ICd Thc This jUSt SCClI!S like a lot of mo.c> Sl;llCd Ih;It Ibc $ Ill(I IIll figlllC C;llIIC ;l~Otll based {,n ,i S1 ~lllll.()ll(I bt]dLtct ;llld ?Oilily? I'Luldi~V eVCQ'OIIC II;IS lo bc II~,~Icd ~lr It;iii,II I:pl:cd III.l[ il' il ;~ .1 ~,ll; Il;i;. I[LEI,.2 rtIh. J ~I I~ X I' ¢,~', ,,~:,g, XiIJ lull) Ih::l I~ I):HI ~'l Ibc I:lc ~,l doing Il. i dri~c L:S ~ I cxcod;]) ;ind I dos~'l cxc~ I~kc our ,k,l~ ol' Iht hJL:lm.~x mu~h lc~% ~hc mcdum :]Hd Ibc olhcF : side CVCII leSS. I I[1II1~ Il iS ;I %~;ISlC ;md It ts prCtl> v. hcE~ ',,,~ '.:ct d~,xxu ira,, ;'<.~{~].x J;m{ {.cc{:l~ ,m op.'t~ PELICAN BAY ADVISORY COMMITTEE Fcbrua~' 3. 1999 a bil tess us to no liabdll~ Mr. Gid']~th asked H'lh,:~ ~;ts foi IIl.lIIll~ll.lll~C ptlll)OsCn or Ibc ,ll,ljl~ h} l'lHId ' bit. Ward replied Ih;Il I1 is ~or ellhcr or bolh. ]n order fo o~raljons il It;Is lo bc jnchldcd nt Ih~ J~risdjcllona] Ixmndar~cs diSCllSSlOII Oil ho~ Ihcx %Sillll IO p,l> ]or Ih;il il]ld II1,1~ CXlgll(l bCSOlld Ihrcc in limc. Mr. Wcrncr asked if Ihc COlllllllllce I~ll iht pro cci should be dr)lie xvotlld have Ihal $;lx iIign, but is Ihdl ~SOl'lh ;1 IX~o ~C;ll dclax ' Mr t?OXl Slillgd lbo IIIIIIll~CFS lbr dolllg i1 iii olio [)}l;ISc would be oll'sCl t~x iIill;lllOll PELICAN BAY .\I)\'ISORV Fcbru;ir~ .i. I';';9 IOgclhcr? Mr Wort:or replied Ih:il Fog. Ihc~ bruuFhl Ill? drilX~llll~% Propelb O~ncr's look ] lhlllk IIio i)rolcc[ ~,1~ ::xct dCSl~,llCd .Mr }t.l,~OJI .l~kcd IJ'lh~' I;otilRJ,ttlull ~x(,HJt] ttcl ,Mr. ~'k'rllCr rcphcd. Ill ibc x~oi(l~ of.Mr [{Clln Jl:llncl. no Dr V;irlcx ;iskccl Il'Il X~l;l~ lkii ~JJJ'e IIHll IJl¢ ~ldOlllllg X~Ollld SI;H'I lhlx I:,lll ' NIL Ed Kanl. ('OlllllX 'J'r.lll~porl;lllOll [)llCCIOl - Iht ali lJi¢ if;iv Io Iht Now US 4l alld Old 1./~ 41 .pl:l ~ ,inli~lj),llOd r0;15OI1 il IS gOIll~ Io bo '~ll~ll~l I~ Ih.il lJlC ~l,llO I~ Oil ,I ~]II'I'CI.III Ye;iL x~JllcJl x%lJJ bo ,ill,.':' Jld~ ] ~,]x j}l,kfl.:lOll I, :iL.it ',Ptl x~:ll IO be done. Jl x~:ll I,c :l.JOb dlff.~.'lU :1: ~::l~l~O IIoll? ',~J[ i[ xoH Mr K:IIII ~cpllcd Ih,Il l[IC CMII' llO 'I Il; }., l, ,,['prOXll11,1JoJ~ 4 lillJc, Itu b,:lJl l:~OlC, l, Il' lhc~ HAll lJl;~ 1~-24 IIIOIllJJS Tho I'C;l~Oll t~ PO,.IIJ~, Ihcx .Il'0 d,'lllg Jills IllldCr IraJl]¢ COll(hlloll~ 'l PELICAN BAY AD\;IsORY'COMMITFEE Fcbnmo. 3. 1999 1.6G! 3- I/2 )'cars Mr. Wcrncr St;lied that xxc h:wc bccn lcd to believe Ih;Il I]IC {tlCdl;lll xxill bc c,nbcd and that sleeves ~ dl be i,cludcd Mr. K;ml rcphcd lhat hc bch~ ibc ~kc~c~ for bo~h clcctric;,I and ~r~?l',~m arc ~nc{~d~d. h,.~ ~o~ld lolookalll~ccross.scct:on~iosccif~; ~?inSIobcc,,bcd ii,noel hkc{~ x,{',lbcc;nbcdbcc:,,,.c ~l',,~cdon'[cnrb Mr. }[arrell sl;,ed Ih;, ~clul~c ;l ,¢~ red li.ah[;~l Pelican Ba~ Bmdc~ard. b,I Ihonuhl ~c ~'~c for somc big Ihmg bcr6rc II could bc msl:tllcd. Mr. Kmlt replied []Hll )011 ;Irc Those I~o ugJ) poles lire lelllj)Or;llb ()kcr 11 ~C:ll ;ltlt{ i)11~, Il;lit COllllllJSSJOIIed ih;Il Slgll;l[. Il mis ;ipl)ro~cd. designed ;llliJ paris ordcr?d Maq ;,m~ arc cushm~ m;~d: and ~c nrc still I1O[ ill a slock I)~lc stage Ibr masl roms Bec;mst Iht) are cuslonl made for c~c~x i)r(¥ccL Ihc~ n~:~ll~ lnkc all}a~hcre [rOIII 4-() monlhs IO prod,cc. Thru signal should h;l~c gone in Ilus I~mc JaSl )car. tn SCl)lcmber of JaM year after rope;lied ;lllClllJ)lt I0 g¢l OIlr COnlraclOr off Ibc dilll~, he c;nne back ;md s;,d Ihclr s,ppltc~ ~a, m~l bt~sJness in Florida nn~morc and ~c had Io place Ibc order somc~hcrc cl*c We ncgt~nllcd ~llJi Ibc c(mlr;~clor and ask lis 1o hold o1'1' i{lld Xk;llI and do Il ;IS {);Irl Of Ibc %ix [;llllllg IHII)rOkCiliCiI[s kk'C ({Oll'[ k~;l{ll lO }lilac Mr. Grif~lh asked aboul Iht conlrol box Mr. K:mi rcphed ~1 ~s ;~ linch sh:~dc ol'g~ccn S[llCk I]lC luillpor;iD poles off lo Ibc sale in order Io be able lo kccl) Ibc s~}111:lls iai oper;llmn s~ h,lc Ihe m:aq ;,mn being ;nsf;flied. Etch i¢)ou had nol done ;Inblhing ~illl It. ii would nol h;lxc been (imle :is ob~ ~ous :is ii is PELICAN BAY .\DVtS(}RY C()",I,".II'T'TISI:. F¢l')m:ln 3. 1')')9 Nlr. C:~rroll dskcd ~fthc ~e',,. SCclm~ oF I;S 41 v,~ls II1...C[i11~. Th~ hsh!s ',),HI b.: lc:::llCd ,ll,.',l:X :h: .~:J,. D,.T-'~IJm'.-' I:t)',')ll Ibc d,.'",lL!ll ',(.HII~IIIII,2S Ihe'~ d¢Si[ll alld Solll~lllll~$ ljl¢.~ Ills[ .t'.O (j()~.',ll o11,2 SI([~ 01" [he ro:,d I ;l|ll rCil~,Oll;llljx ~.crl;llll I1 Is dh) s ,Xlr. ~;11:1 f,2l)h..'d [lhll UI:: I;IX~ X~.;~S IO I~ D.) '..:s." II lit III..' Iisi (llldi!.'l ,fi Ibis ".c;ll ¥,Ol'kill~ OII [I ;md f hu~c I)¢),.'ll :~,,~Jl..iu~ oH ii ;llOn~ ,,',llh iii", '.ldl'f';im:l ,,:,,: h;i,,,..' i~,,.',,.,iI (.]¢:lllll?. I'J.,~Jll riO',.,, ;lll(J .',J),211tJ ~1~.')(111l .~,].l)lll) I il ;1 ".C;IF lll~( L,I] II);IIIIICII.)ID.u' [ trill~. nl)Cll~.] %~-'~ I}¢)l) t).tl t!l;llll.l:]u' .lib] Iii. II i'"llll ill CXC)2.$S OJ' ~-~ ()lll .( ~)c; p4r .',c;u' ;tll~.J Iii;il ]1,t',, lO i')C I'IIII(J.'L] ,~,CP, ~lllgJc ', ~.'dl 'J'li~' ;IITClIIHIi~,,,.· I', Jik¢ ~.~,Jl;ll .VOII doIl'l 'A;IIII II lC) J,,¥),L. like \\e Jl;l',,' ,/("111C IIl) ~)Ih ~,c',Cl';IJ -",ll.~,.",ll,.)llS .11 nl;lll' J,.'x cl ul' ',~ h,~t ~¢ Ih~lhL ,'Irc r¢,'l$Oll;IbJ¢, bill ~.%Jl;ij IJl¢ Bo;m:l cJloos¢$ v, HI be dCp¢lrdClH IqlOl~ ',:h;ll Ih,.", Ihlnk ),~ I~1 public :l}ld ~.~ h:~l Ih¢ I)ubhc fecdb;)ck is XJr. C;~rroll ;]skcd ;IbOIII lJl¢ ;IfilJll11..'llC of ~_~ ()1)( I',.',r '~ II)IJC~ ;llI(J %')1) ~Jr, J~;lllJ I{j'}Jl~d lit;il I'l~Jll IIO,,,, j];ll'l (,il' ~,~ il;ii ~A,,.' ;llu' Ill;lllll;lllllll~ I-, Jl,,~[ j)l;llllk'(J \V~.' ;IlO IH.'i,.'I\ iIio~,~ Iii:.] lJlc ~I';15s illlCJ piCklllL- iii) Iii2 Ill!el \~,'H,.H,.' ,.~.~' ]hJ~ IIIIJ')I'L)\,.'(] llJ~( I %. '.',~' h.l",,~ J')CCII II",IIIV. cJcpcIldill~ IIpOll lJl~? I.~ j)e oJ' lllll)h')'~ ~IlJ411J~, Ih;il ~c) 111 Il. (.)~';llp. ~~. Jl,~f~ J'lOll! '~-]ll.lllll -.~l () Jill ,~lr Il;Il'roll ;i-.J.,,~(i ii' ~,J," J'[:llll ],.1i.2~,,, \~.Jl;ll Ill,(Il;Ill ,.'11]; ltl~'lll,..lll,, V,~l~' Ill,..l~dc,.l \\lib J'~ 11 v,l(I,.' ~][ J~;tlll lJF, Jl£d lJJ;il t'l~!.'~l ~.!s,.., Ii..i lll.]:h.i, .Il!', '. :ll,]',..il)~ sJ~xl~.'!l i,,. ~ ;11..' ll)lll~: l'.', j'~J;Jtl I'ol Ih,.' J'llJlllC Il. · ~,Jf, JJ;lll~'tl ;isJ',o,.I Il'lb.'I..' ~,~,l.', ,I {-')H,LI?..'I Jot pr;;',,ilIc Ih,.' Ill,dj;lit ' PELICAN BAS'/,,D\'ISORY CO:'dMIT'I'F.E Febnlan, I. 199') Mr, KaUl rcphcd Ih;il is parl of Iht lllll~al COllSlrt]CllOll OllCC vt>ti gel bCSOlld ~t;l~s l!t;ll improvemOnlS or CllhilllCClllOlll% Grass ~ I I~c l~ase X!r ~;1IiI rq~hcd Ih;Il I~ ;I t~t'{~tt i~Ol~l, bHt I ~lCCd 10 C;lllllOll )Oil lb;il '.}let; ~. ~;,l~t;~llx dOwll IhOro. IIO1 Ol~l~ is ~I gOIIIg IO look b;l.,t, bul 50~ ;irc goi~g Io h;l~,; Io deal ~11~ t;~,)-,.~u ;md ;~ dOll'l llillll IO d:;ll ~llll Tho ~sl ol'ilo~ug Ih,il. I~lOll 5o1~ look ;11 SOlllilhilli~ III li~c m'l~:hl¥~h,,od IO II)dro-soed. ~s ilol all Ih;d gliill I!1 ICrms ol iht scot,al t],llio~s of( ol ars IliC~ a!~ ~,qll~'. hi Sl)C.d ilSel[ I don'l Ihmk ll~e gl;IlO ~sould ~llilli111Ol 5pClldlllg Ih;Il IllOllC~. bul Ih;Il IS all ~u: lhal Ik'cds Io aS lhe projocl i)rogrcsscs t~s lilt as I k~]o~t IlOlhlllg has I]~Oll dOSlgllOd ~k'l ;llld th. Il Ill II~Ctl I~ 1)~,t,;,I]1~ an eight lUonlh IO on: }oar i)ro;c~s. I~ Ibc Im~; 5ou selCCl a la~dsC;ll)C archll~.l Mr. tf;Irrcll ;Iskcd It'} Oll do ;~ ct;th ~s lhoc some son of I;indsc;q~m< ~ ..t~ rio ~c~l~x no c{~l~ ' ~]~ ~VClII~r 'i;llCd Ih;il lbo ~l.~l.' ~, :'.n~ I~ do lite .~t'~p: ,,~ l}~.~ 1',':1[1 ~l'cl ~,c Fid .I .~lr. ~illll slal~d Ih;il ~hal ~as tt~c ;iboul leu Sc:irs a~o ;md ~I ~1 ~cr~ bC~l~ ;ll~l~O;~chcd It~tla~, tl ~pproachod t~ilh ;i ~holc licks ~ ~c~ Toda5 a;commod;~l~ons ;irc bcmg marl: lbr l.mdscap~g m mcd~.m~ ,X 1oI ~.I IhJllgS aro ~illg porulillcd loda~ Ih;il ~crO~'l pcrmillcd ~hcn Ih;Il ~;~s ~x I:,ucd I'hc I'I)()T d~d .ot c~t'~ h.~c l;llld~;ll~ Slalld;ird UUlll I'~')1 'l'hmgs ha~c J~;ut~cd :md ~c art' scr;.mld~ ~ , ic~.l~ t~l~ dosigll ;uld asked il'~e ct::klcd Io cio .(,~:~l:t:~< o~I lhcr:, d,~ ~ h;~c IO ~t~;~1 '.~I1~ ~ou lhc~t ' PELICAN f:b\Y AD\'ISOP'~' Fcbnmn. i. 6' CIO;Ir ZOI1q ;llld ~ilholll curbing )ou ~ccd 14-l~' ~lr. Wcrn~r ;l~k~d Ih~ [;111o113l~ PELICAN BAY ADVISORY COMMITT'E[ Fcbnm~ 3, 1')99 : landscaping. · Mr R~llm asked if~c ~ould b~ required Io curb still rccotlllllclld lh~H. bill SOlllC[lll~s ~c ~JI o~crrulcd Mr }{;,sson Sl~llcd th;it Itc I~otllt[ prefer scc~ng c~coIhing ilgrCClllCnl PELICAN BAY ADVISORY Fcbma~' 3. I Mr. Karo roi:Ii,cd Ihat is for making x~ halcvcr Imppcns lmpp~'n Mr Ka:u rcphcd for both alld J~lldsc:lp¢ il. Iht) could lO do SOlIlClIHII~ PELICAN BAY ADVI$OFLY Fcbnmn' ,'~ IlO! flllldcd c;IpllOJ t~l ~lllldcd III;IIIIICII;iiI¢c Ftllldlll,~ IS Ibc Io~ks Imsigh~lx Io lo dc,,a n Iho~c 1)[ V;IIIO', Sl;llCd thai tile sXx;llcS ;llollg thc berm ;:ppcitr Io bo plLiggcd ~Jlll III;llCll.lJS J ililx¢ ;Iskcd l[llS ~Or~, bill do }Oil sldl :lgrcc Ih;ll IIle~ dr) IiO[ IiOCd ;111) 11 RI liOll') ~ ~' Mr Ward lei)hod I11~) ;Irc llllSi[llll}, bul lilt) ;ir~ ~lJlill Ihc~ arc Fhc:c i~ lll)J Illllkh Ill,ltL: Ih;Il xJm t':ln d- ~illl lhel~l Dr k';irJc'~ s'l;llc(J Ihcrc us,;d Io b,.' ;I shclcJ( Ul P,;IlCl (ill IR~IJl '.,i(I,.'~, IID'O. Ihcl..' I',, ',~',;',.'dk :!t;l'-,~, dill ;Iud cvcr)'llu ng ¢1,c Ih:Ill ~lJl;ll Il looks Jlkc llO~ a Co:Il)JO ul'JcalS ;IgO ~holl ~c Il;Id (ho Mttllll k'~k'llJ ~I lol ul' s]lJl ~;llCr UOI llllo IbC ~,U Il-CO M ~1 I'I'T ~7 ES AS ;111 R\J'l'~rllll~fll %1~ cl'~illOd Ih¢ lJlillk IJl¢) hlp,¢ cloll¢ ;1 ~oo(.I .Job good id¢:l. $11oliJtI :,:~., collllllll:2 II. should ~¢ o,,,l);in:;I II. slmuld :~¢ (.It),m;I', '~llJl I1' MIL tl;Is,~,oll ~,LllCtJ Jhill Ilo I'~¢Js ,'1nd ~i','¢s }ou lii¢ ul¢:tl oflh¢ problcnl ,~Jr Gltlrll{( t~10cd 'J'h,z ( J;ltil ii1 lJl~ ~'%~Jl~.l I:~c' ~JI- lll. Jr.[l.lt. JlJl.iQid PELICAN BAY AI)VISORY CO~IMI'FFEI-~ Fcbnmn' 'L I Nlr. \\'crncr Sl;ll,,2d Ih:il ]lC ;ISSLIIlI~:~ Ibc SIIb-C(~IIIIIIiIIC'C ICrlllS ~;xplr¢ ~s. 11¢11¢',~2! lh¢ ['~lll;ll ICllllS ¢\l;liU i:,, Ihal corrc'ct? ' Dr. Varlc~, St;lied th;it hc 's~otlld think th;l[ x'.ilh lic~,~ p~oplc 011 thc C'omln]lt¢¢. Ilicr¢ ;Ire .~;Olflg IO he Ihcm. changes. i would slill hkc lulll Io COnlimlc on our Sub-corem,Icc. Advisog' Comnull~c Member ;IppOinlm~nls dOllC C;lllicr ;I,d asked si' Ih;il ~ I)OSslJ)lu', Nlr. Ward replied Ih;ii hc would lo~c lo s;~) )cs ;md ~f I h;d Iohll comrol mcr U. IIACKFI,O~V PI(} ~'~ N'ITI~ - Fcbmar).' 3. I UIiIib people .`~.lll Icl] .`ou Iho. are Ih,2 t'~cst thine :..~t::.'e shced brc;~d and F[')iS[: ~h~ld-.s s~.);dso I',cr~;o.all? they rcall,, do no~ ha,,¢ :rev choice m thc ,llplcmc il IIIOp process Thc'~ ;IlO aClItall,, rdttl~,o:j [{~ [);tl,~l Ih.21n scparnlc colors ]"h: (lex ICeS illShlJlgd pe:pcndicular arc retrol':ts ©nos \'~ here IJl¢ 5.`q.'llb. :lC1'..2 I11 pr:~)r lO I]lo Ik.'v~ rcgulaliOr~ being., ¢f[¢ci. Ti,e OIIOS ]):lrallc] Io the boul¢,,i,rd kno\ ,he r,.2~',lJilllt,ll~ aim 'i'`c~o pul Dr. \'ilrlc.` asl.,cd fill,c5 u'ork and do Iht.', ptc',¢l,f .~oi, £rom tlrlt~klllg sprM..I.:r x~alct ' prcvcnl a CrOSgCOllllt2C. lJOll ['~c{','te~211 Ih,2 Ix\t) s..` slClllS ;md It) sCp, lf;iJc lilt pul,lbic dlld Ifilu,lJlot, P,.lJ,.*i llllCs Dr V.,rh:x :14. ed ,fim..`onc had zJlcq¢ lilies ho&cd IOg¢lJh.'l ' TJicrc bezeL..2, lie I'url]Jcr bll.illlOSg. Ill,2 lllCCllllg :~d. iourl~.z,..I ,,l; 2rJ t-' "d i)l .U,m ",:lll.'~ TIlE NEXT II[(;I:l...\l{ ~,IEI-TFIN(; 1.5 SCIII-:I)I'I.lil) I-'()1{ 3:t,) I'.H.. \\ III\ I.:51)..\'f. ,'~1..~,1~('11 .I. 1')'),). N;q)les. Florid;~ Fcl~rl;;~rx 17, LET IT BI:; KNOV,,'N. Ihat tl~¢ Lon.,.: R:mgc Pku',nir, g Sub-commillcc o£ Ibc ?¢lican Ba,, MSTBU AdvisoD' Committee m,2! on lhis dale m 3.ot) P.M. al Iht Foundalion Ccnlcr. 8962 ]lammock ~;tk Dri',c. Naples with lh¢ follow mg members prcscm: COIIIIIII&~IOIlCI' .lillll~."( I[';lll~'l' Mr }lmm ALSO PRE.qEN'[': Appre,:imalcl,. e~,...:'hl 181 Pcli,.;m Ba',. rcsidcnls. Mr J:lmcs P V',',t~d. l')cl'xUiIncnl Director. PcJic:ln B;:,, Sc~ic,2s: illld .",IT's B;Trbarn ..,<H1TIII. Recording £ccrelarv ...'~ G E N I) A 1. Roll Call 2. Exolic .%I;~inlcn;mcc Report - .",lr Jm.cs \Vatd 3. Berm Widcmt~g - Nlr. }lent\ }t;m~cl 4. US41 Mcch:m Lipcl:~lc-Mr (}co~ Wcrncr 5. Public D~cu~m 6. Adjourn ROI.L CA I.[.: Mr. Wcrncr callod Ihc m,2clmg IO order ;md .;lskcd Ih:l{ the Record sho~; ,',.Icssrs 'l'om Glen Harrcll abscm. EXOTIC.MAINTENANCE REPORT Mr \Vcrncr cxpl;lilTcd Ih31 Iht Co:~ll~lflh2¢ h;ts becel considering thc rcmo',;tl of exotic~, bchiml Crowll Colon', on thc cast side Ol'lhc berm Commissioner C;Irlcr rcpoflcd Ih;il thc Ordlll;lllCC I]I;IiITI;IIIIS Ih;il xlJlCll )OLJ de, clop OrdJI1;lllCC Io g:l~ [}lill ~O11 Jl;lxC lO CIe;III II ;lIl(] IDDilII;Illl Il ThC CllrrCill ()rtJlll;lll~c Jli1VC [0 rC:HOXC ~1 prior [o )our Of lllOTllh.q. \Vilh T'c?,pc¢[ lo thc q:~c£t~on :~s lo ,,~hclhcr or nOl the (lc\eloper rcmo:¢d lhosc cxo[}c.'.; ;11 Ih¢ time that thc bmldm[g [:,crtmls ,,ver¢ ~s,;ucd for Crox,,:T (-_'ohm,,. spcc~fic:fih, qt l.ucm and SI building is cir,::l Da¢lx¢ )cars old .-\llhough ,.,,c do no[ knov, sp¢cfi'icall.', bce:rose Ihos¢ records :irc so ohl 17 PELICAN BAY .',ISTBU/I.(.)NG R,\.'s'G[~ SL'B-CO'..IMITT'I:.E FI~BRLtARY l 7. I0 J~IlcJ. J dill J/dx,.' an otllsid: comraclor x~J~o is l:dH~ll:ir ~JlJl CxOIl~ rCIHOX~II :lnd L',rox~lh of Ih;il k~mi IllfilRriaJs ill lhdr~ al l/liS pOHll Ill Illll~ Th;il ~:ixg lllg SOlll¢ COlliJ'Oll I[I Iii;Ii ~ loo~, ~1 look al Ih;Il tVJlJloill ~OJll~ lO Ih¢ dcgrc~ of;IClll~lJl) 11) 111~ lO ~lld 0111 ~tllRlJlcr lilts h;l~l b¢cn rcu',~x cd bs Iht :Mr, Ward COlllJlllled llllll {iJlJl resort I0 lilt o~nership of file propcrl5. I halo had ;I thllicuh Ii~ ~)'sclfinm,, Io find lhe m~nersh~p mlcresls ol'lhe m~de~l)lng De sm~pie lille R) lilt plopCll) Klr Of OpOr;lliOIlS ;Hid IJllilll[OllilllCO 0[' XOllr ~tillCr lll;lll;l~OlllOlll 5~slelll ,l/id Ih,il lc/Is lilt If I/lc .~dx IIIlllll~lllllll.&(l' Il/ill *1 tt'ct/llllllc'lllltlljOIl he' lIlt//If ltl ljl~' Pu/ic,n/ ri,irI ..l~lrix.rr c'.m/.itluu r. Imd~,ut j;~r lite /tc~vl ji.~cM r~'.r J'r ,,.,,,,,.,,I ,~ ~:v,,,/,..s ,,/,,,,.t. ,z,¢ /,,.,,,, ,,,,I ,,/.,,, ~,, ,, '"""/'"'/"t'l I}IiI~III¢IIIIIICL~/)rO~'tlH~t ' I Dr. Varl% asked i~ Iht ~mes grm~mg in thc lrc¢s ;llong ljlo berm ~ould bo included ~n $3()f).01)() being btidgels For cxollC rolllox Nlr Ward ~cplicd in Ihe shocked al hoxx Ibc ~{croll gOl nuked and pcopJ: tmxc ~Ol Io IIIIdolnlilil(J Ih,il I]llq Is ?~tig to Joo~, bad for )ear or Ix~o PELICAN t~.\Y ,",ISI'[~I.'/I.ONG RANGE SUB-COM,MI'I~I'F.F. FEBRUARY 1':. 1 u'J9 SI. Manssa and the entire Cro~ n Colon~ "~'~ '-- : lo ~ :~ ~ncss for probably I~Ctlly-four mo.lhs It is re:ii ob~,lo.s Ihc~ arc IlOl gOIIl~ lO like ~l ;Iml ~q g,:mg BERM \VII) ENI.X,'G .".Ir \Vcrncr c.';pl;lmcd Ih:t! 1.11;2 ..",,d~ i5on ('oi~1111tI¢¢ has b¢cll al,pto,~chcd lo ,.ons~dcr ,'".If Il,lille[.":1~'"2 ;1 Slide [~h2.',C{ll,llIOII ,, Io','.llB',,.. ',(qIIC {{IC ih",UC~, ",IICII /Iq ~.;I{'Cl'~ /lilt[ CIIICf'.iCiiL'~, ISSllCS for Ih,; ;llgl~llh211{ Of '~Idclllllg thc bCl~:! Xlr [~qc. rcpOrh.'d Ih;ti he h,.. h,ld II1:1117 lCtlllCklS lbr i~l;~ccs I'or pcot~lc lu qop ;md bc ;li~lc h~ rCsl . fric.dly Tins ~s lilt most frcqucnlli used :llllCllllX iii [)chCall [t:lv. CXCll higher usc th:m Iht bc:~ch "~ ? Mr. WctJ]cr ;~skcd h()~ Iht ft).r Ibol u ItlcjiH~ dclcr.l.I;i[io, x~;is ,ill ix cd ;il" Mr. }l;tlncl replied Ihhl hc h;~d ;iskcd ,Mr Wilrd il' thc berm court] ;IC~/OIIIIIIOCl:IIC :1 Ii. II I~o1 thc fccling of IOokl.g OHIO ;I hlghu;i> bill thc rest ;~rc:~,, :~r¢ no1 IIIchJ~.Jcd ill ot~r ~rigm:ll phm ;lll~,J ',,I)ll IIt;l',, bC bilck IO Ih;il Ollglll;I] Inlll)l)Cr .\ [9 PELIC,\N i~..\Y ~,IS'I'BU.I_ONG I~,.\XGI-.' .SL;I~-CO.Xl,XlI'I'I'EE FEBRUARY 1?. lu'),) ,NIt \'hlsho slalCd that I'=¢ has In,xed btly into th~ s;il~t~ aSp~Cl, bill ~ ~1111 o11 [1~ b~rills look al ~ilt]hf~ ;H~d ~c ;Irc ID'lng In manc.vcr ;lround lhosc I~oplc. Dr Varify askcd if Iht cnlirc berm had Io bc ~idc.cd the s;IH~c ~i(hi~ ;111 ~he ~.~ ' '['l,c~c ;trc COllSInlCllOll ~]r JJ;llllCJ replied Ih;Il Il I~ J()' his pi;Ill ~;IS lo ~ldcII IJl~ RIIliFR [~1III J lhlllk Il ~t)llJtJ [1~ ~OFSR I0 Jl;IxC Il Jl;IC~ ;llld l~llil [)~ ',',ltl.'x sl;llu'd Ih;il llll~lll 111,1~;~ ;I J~lJon5. ~C'~I o[ Ih~ bernl ill SOlll~ o1' IJl~S~ loc;lliOllS IJlcr~ ;Ifc IJl;lll~[O~ ~ ~[~llJ~ dirccll~ ~e~l oF IJlc ~[111 CllF[~l]lJ~. b~lt th~r~ is sllJJ ;1 Jo! o~ ~j);ic~ ~;l~l dO it at both ~lllllll~llll~ll~l' ll~ I~IA~' ll~' rc:lJJy ;Ij)j')ro;l.JJt Iii..' ~C'lllllllllllt',. X~.I',H III)< I.,, ':.,:c Il'Ibc) \\'u' II;I\C h~ PELICAN BAY .\IS'rBU,.LONG RANGE SUI]-CO,XlMITFEE FEBRUARY 17. I~')') Dr. Var]cy :~ilaled Ihal hc Jills gollen ti do/.¢ll or .so Jcllef$ as il IeSUII of I]1¢ ncx``slctlcr and .~lV lJh'll this ISSUe iS I]1¢ IllOSl COlllellliOllS. AbouI 5()% o1' the JeJlCl"$ Ih;ll I ha',.2 gOllell h;l``C ~ SOltie disappro``:ti of II1¢ L~crm ~`` ~deni,lg. US 41 511-: l) l:\ X I'PI),VFI-: ,Mr. \\'crncr reporlcd lhal durln; lh¢ ]iisi lilCClill~ ] expressed Ih;il xlc could cJlhcr Jcad l}l~ ~rg Slab Jll~ ~1111 IJl~ progt;llH, bill ;!lc looking ;11 SL]IIICIJlilI~ III;Il ~iJJ ICqllllC 111111111111111 JJI;IIIIJ~II;IJlCL' ;llld require as ]illJc ~XillCr ;is possible. Mr. Vlasho suggesled [hill IJle Stib-cOItlllllllCO t~' tO zero m on ~Xh;ll txould bo in lite lllCdi;lll ;llld gel that in place ~lule file Couill) ConlnlissiOll endenvors IO idenlig' Ihmr prour:ml, so Ihal x~c ate & gO,n! Ih¢ rig]Il Illllc, I did Ihmk Ihal IJI¢ plml dmstn by lhe Pro~rlv O~t ~ers Associ;iHo, I~c(l ~n , l]lO Nnplcscape Pro=ram nnd will have IO be consiSlOlll x~ ilh Ihe olher pi;rulings in [he Mr kVc~uer q;lled risc plan lied iii more ~lh Ibc c115 of Naples th:m lbo berm :, I'chc;m I~.~x was significaml5 more la,d~capcd Ihal15011 ~ouJd pul ~n a mcdiar~ Mr Vl,~sho slalod Ih;il regardless xxJl;ll x~g do Ihe Courtly ss going lo lJa~e Io apl~rme n ;md lhcx will have some sa~ and il will lie in xxilh Ibc Naplcsc;~pe Program I sul)porl x~hcrc )ou ;irc. Iml s~gUCsl xvt tO' lo gel Ih;it v, rappcd up as Io k~]l;ll Iht I)JrlllltllgS xxiJJ be. Mr V,'cr;~2r M:IIC(I IJl;ll xxC ;Irc Iooklll7 lO budcct I;1 [:i~cal Yc;~r Z~l t't,r lhlq [M'o. ICCI ~k'c ColllllllqslOllCr Carlcr C,xpJ;llllCd IJl;ll II Il;IS 11OI cOrll¢ lo I]lc ColllltllSqlOll 5Ct. bill IDols MSTBU's ~o,ld be created Io co~cr all of Iile Illcdl:lll Illllllllell',lllCC ill Collier ('OIIIllk There ~,,tJl~l bc IlOfl]l llll(l SOlflh alld I~c ItotlliJ ~ ill Ihe Ilorlh MSTBU. ~hich ttotlJd be il broad base of i)arl~cH);ll~on OIl-~OJllg Ill;lllllCll;lllCO Of IJlill IllOdi:lll, Mr k't:lsllo asked ~tJl:ll could bc done lo lot Ih¢ rcs~dcnlS of PcJlCall []il~ kllo~ Ih:il ti is considered'.' 21 PELICAN BAY MSTBU,'I~ONG R:\NGF~ SUB-COXh'~II'I-FEt~ FEBRUARY 17. I u')'J Mr. \Vcrner rcpliod lhrotl~t', ne',',slcl1¢rs I 'a~lt r~zpoi1 Io 1he .\(h isorx (.',alnmllt,,.'~ Ih;il Ihi?, is PIIBI.IC DISCUSSION .U. S,41 BERM OI[IOL The lack of COlllnlmiV crc;ires a ~iSll;l[ itoh;fl;race and asked if conslruclmn of ;i I~ucc thc cmu'e Ienglh of US 41 could be considered. CJn cu thc I~l~l I11;11 Ibc ,~.]r Wcru2r Shl1,fd I[i;tl 11,.2 ;Igr¢¢s. [ml this (_.'OllllIllllCC is tlol Ih2 proper Ikuum t,a mkhcs,, ~h~s i$§llC Il Ic, IIOl OIi.2 (11' I]12 llCIll,; I[1;11 l[IC .'\d'~ Iso~ ('OII:IIIIIICc d21tuICd ['or 11'4 1o SIIl~.[x }"1o1II I11% IIO! Cas| II1 coucrctc I ~O~lld ,211Col;r;ig¢ .xot~ IO colllc bc£or¢ I11¢ ,,\tjx I~OF~ ('OHllllltlC:2 ;Hid Icl Ihcu~ t.,uo,.~ of }'O[ll' COI'ICOIH FRc llO\l lllOOllll.g l~ scheduled for M;Irch ;. 1999 A l),l ¢) I' R N Thcr¢ being ;io furlhcr busl]lc~,s. 111¢ lllO,2llllg ;id ourncd al 415 P.Xl PEI ICAN BAY FOUNI):\TION, INC. 6251 Pelican Bay Blvd. Naples, Fi, 3410~ MEMORANDUM TO: Henry E. tlamcl Jr. FROM: Brad Estcs RE: ~Vidcning of'North Bcn'n DATE: February 15, 1999 It is my understanding that tile MSTBU's Long-Range Planning ('ommiIIcc is considcrinu ~hc widening of.the North Berm. This is badly needed. As were many of.thc lhcilitics in Pelican Bay, thc North Berm was adequate in Iht earlier years bm ;~s build out has occurred, it has bccn vc~ crowded and unsafe, Ill terms ofcornplaitlls wc rcccivc from our members, sar,crv on flit bcm~ is ;.lIllO])g Iht I¥cquc{]l ones. This is prior to thc 700 condominiun] units planned [br thc North Berm between {he Commons and Bay Colony. Safety--One of the major issues which we constantly f,acc is how to '_;a{~lv transport 400,000 passengers each year on the bonn with three tram stations and ten ~.cams c[aily. The Foundation's No~h Beach tram traf,fic will at times peaking lo 4000 passengers and 450 tram trips in a single day. There are another 160,000 North Bcnn uses each vcar 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 bonn is not wide enough for two trams to pass safely. It is 10 feet. Trams arc four Feet. Allowing for six inches f,ronl tile outsider side, that only provides one foot between the two trams. Any arm, leg or object will be struck by a passing tram. It is something about which tram drivers constantly caution passengers but this condition consistently presents a danger. 2. Adequate Width f,or Bicycles, Roller Bladders and Pedestrians--The bonn also needs to be widened so trams, bicycles and roller bladders have adequate room to safely pass one another. This would provide room For any sligi~t change of direction taken by an unsuspecting pedestrian, bicyclist or roller bladder b~in~ ovc~akcn, This is thc very serious condition that could result in major injuries alltl even a death. .~;~;~;}~Em'er'gency Response--Widening thc bc~ would make it wide enough for cmcrgc icy vehicles ':';:~:~:~:to respond directly to bc~ emergencies versus beine transfc~ed and transported bv a tram, 1. If the bcn~ were widened, this would decrease the response time for cmcruc~lcy vehicles for incidents on thc berm. ~ ' 2. All equipment being carried on the vehicle xvould be ava:~able for thc emergency versus being limited to what can be transported on a tram. In conclusion. I urge thc widening of thc berm to 14 feet to: 1. Enhance safctv 2. Provide adcquatc width/'or high-volume tram traffic 3. Facilitate Cl./ckcr emergency response 4. Make walking and bicycling more enjoyable. xc: Alan Varlcy George Wcrncr Jim Ward N.pl,~s. f:Iorid:l Fcbru:la I,'q. 1')99 LET IT BI-] KNOV(N. Ih;il Ih¢ Clam it;iv Sub-commillcc of llic Pclic;m Ba', ,",IS'I'UU Commiu¢c mci on dfis date :~ '.~ '~,) A M ;, ibc P¢lic;m B:n Scr','lces Division OFf:cc. Dri',¢. Su,c 6~ 5. Naples ~nh the ]'oJIo'o, ll!g I11,~1116015 present: ,'..I. D;tvid Rocllig. Ch;lu'm;m Mr. Ed,.~ard Gril'I~lh .Mr..t;mics Carroll Dr Alan Varlcy (..\bscm} .',.Ir .",l;:c l l:~lchcr Mr. I..cslic Brou, n ALSO PI.IESE,NT: },Ir Todd T.,r:'zl!. ':'re'roil & .-",ssocl;li.:s: ?.Icssrs Ken }tumlslon ami Brcu ,",ioorc. Moore: ,\Ir. James P. " Sccrcta~x'. ~.,ar,:,. Pdi.z:tn P~;,x ,Sep,~¢cs Dclxlnmcm [)lr~2clO~' ;llld .".Ir*, [l;ub;,ni Sill!Ih. .AGEN D.-\' 1. Roll Call il J:~j. 2.~ ;Stall S Rcporl on the Cl;llll B;i.,, ReSlOrlltlOll Project ROLL C.-',, I. I. Mr Ro¢{{i~ c:dl,:d IbC ,l¢C[lllg lo order and asked ih;il the Rcc'ord .,,bm,, .".Ir J;uncs (";,rwll Dr. Va tlc,, STATUS REPORT ON 'FIIE CI.AM BAV I(f'LqTORATION PR().JE(T .Mr P, ocllig rcporlcd Ih;il Ilu.q ll{CClIHg iS ;I rcstlh OfSlH{ilb{ill~ llpOll IH:iH~, ro;Idhlo,.:k,, ',~llll lo 1]]¢ Sl;lil of Ibis pro ,".Ir. -['llrr.2JJ C.\'pJ;llllod Iii;il ;15 ;,,¢ 111c)xc(J ['Ol"k,,;il'd C. OIIIIIICItCIii~ COIIMIitYtIC)ii. 111,.2 {]l'.l l]litl.,.[' Ill;ti popl)cd up ',~;is l{~:~t Ms }]i,rgcson ol' Colhcr Co.nix iilc{ic;llcd Ih;il ~.C nccdcd ;* (?O;ISl;]{ ('('Ii:';II'tlCIIOH Control Line x, n; nee From CoIl~¢r Count,.. \V¢ had ;dx~;l>s ;Issulned this had been I;lkcn care oF bce;mst it ',:'ns a C'om,y prOJccl, bul il mis no! Xis Burgcso,1 indicated Ih;It in order 1o do lie X';mml¢¢ she had to look al die gopher IOrlOiS¢ iss,¢ and look ~I ,pon herself 1o alert Ih¢ Fcdcr;ll and SI;lie go',crnmcnl basicall.., x,,]l;li il v,;i.q co~lll,g dOXSll Io ',,,:is I[l¢ beach disposal ;ir,2;ls These ;irc;is ;irc SOlllClhmg Ih;il was IlOl totalt', Illiled liito She v,;is not s;{lisficd V, ilh I[iC Gopher Torlolsc SI;iIc Pcrlllll Ih;il \to h;ld already rccci',¢d l'~C, ll~ Flor,J:l O;linc ;md Frcslm;,cr Fish and il bnsic;lll,, scl lis into nlollot~ Io Iix Io cliic all of Ibc Ihings u. hich ¢:.n¢ ,p. ,",ls Bt,'gc.,,on Is;ts lied Io help us. bul Ill,2 chain ofc,.'cms Ih;il she .,;ct aclJon by c:tlling the .~lillc ;llld Fcd..'r;ll .'\gcnclcs is xxh;lt is linc COlllilllllllg problcln. I foci c,,¢rbthiug been sol,.cd ,,xilh I{}e cxc,.'pl{on of Ibc .'\FliP, (.'Ol'pS Of Engineers {oc;d ~¢prcscmalixc iuclic':]t~ng th;il hc 19 CLAM P,..\Y SL'B-CO:,I.XlII'IEE/PEi. ICA:4 BAY :21.VI'BU ..\DVISOR'~ CO.\IMI'KI'I:.E FEBRUARY I,L 19,)9 needs lo CoordH1;ll¢ li~¢ "ch;rage" in Ih~: proj~:c! lo mxol~¢ olhcr Federal 4~nc~cs. Th;ti ch;rage Ih;Il IbC p¢rmil s;ud Ibc spoil IS goiHg to go out on Ihe beach and tl~c~c ~11 b~ no disruption o1' JlabJ[;ll. .,~ll}Ollg ~lho ~lil[~d [Jl¢ sil¢ 'aOllJd r~;lh/c Ih;ii IS ;111 illti)ossibit~[~, ho~c~r ih:Il i~ ~h;H ~hc perlni[ sa)s and ~h;H ~s ~ll;tl Jl~ is sl;IkiH~ his [~OSIllOI1 ~nlc off' 1~ r~qmrcd ill order Jo oblHlIi Ibc i)crlllllS, Thc) ~crc COlll;IzIcd ;llld Iht) prox idcd lJlcy Il;Id not c, bJEEllOll :Il lh~ IillI~ Iht di~pos;d arc;~s ~cr~ upi;md of lh~ old 51;H~ {'OlJt[oJ IJlcJr sclb;~ck linc. Tho prolcCl ch;m~cd and Iht 51;ilo a~CllC~ :llrc;~dv had a Icllcl of suppo~l I'mm Iht COIIIIIV For lilt prqlcCl ;lIId Ih;il is ~thcrc lh~ ~;ip occurred. No Olio t~Clll b;lck lo IJl~ ('ollnl~ IJlC ~l;llC III lJJ21r r4x I~ orlJlc j)l-O ~.l. ;Jl4~k~d Ol~'JJhi[ lhck Jhld lo~;IJ ~'iI[I:IIICC IJlii[ ~ X~OllJd ICCCl~C ~lOllJ Ibc Co[IIII~ oJJ ~];l[CJl *) '['Jlc conxHJlauls Im~c Jookcd COIIdJliOllS Ih;II ;Ir~ :l[l;ICJlcd lo IIIc ~;ll'J:lllCC J)~occdJllg ;llld nobod~ h;ls ;111) problem ~llh Ih;il. so pOSiliOll IO ;tRl-~C IO IJlOSC COlldllJOllS ;llld Iht (~mml~ Il;iS iIl:ldc lip ;1 ploc~'dllr~ Io ;lllm~ us Io ;it)pc;il CLAM II.AY 5L'B-COMMI'ITEE/PI!LIC,,\N I.;AY X~IF, TBU ADVISORY FEF~RU..\R'f t'). lu,~9 Ihe s~il :lie:is alld doing anx ~ork. Mr Turmoil 51alcd [hill he sees Ix~o problems oulslandi~g right mm Asgtlllllllg. Ih:ii lilt voles 1o bas,call5 proceed and I l~cl l]lc} x~dl. one problem ~s Ihe Arm) Corp~ of Engineers tlopcl'ull> Call solxe Ihal Xx~lll ;I call Io Mr ~i[xcr Thc olhcr problem is Disposal Area nl ;md Ibc ~lalc'5 po~l o[' view oli I]lal. x'cr~s Ibc COllllly's Xlr .Moo~c cxpl;mtcd ~hal ~hc S~,~Ic ~Mllllq Disposal Area ~4 Ich in Ibc t)rl~lcCl Thc sharing l)ispo,;d ..~re;is =2 ;lllcJ 3 and ImlkHig IhClll slighll5 deeper x~lll thc dikes lughcr ami Disposal Area =4 [~ ;] diroclion Ibex do i~ol %~;[n1 Io flee lbo projccl go l)l<pO~;l[ :~rc:l ::1 IS ~lllShlclcd provisions to do th;il ~xork after Noxembcr I Also. Disposal Silo ~1 needs Io be completed ired ctc:m by May I inslead of ~l~:tl ~;ls ~xl Ibc SpOCIISc;IIiOIIS ;It JHHC I ~'CI is going Io be ~cad~ m break May I. We mol ~lh Iheconlraclorand he ~ccls hccan mcct Ihal dcaclli~lc, but hc ncCdSlO slarl making provisions noxx as Io hoxx ho is going Io haxc thc s~le rcslorcd in Illllc. }lc h/is ;I ri.tuber ol'oplions Ihal shouldn't prcscnl a problem. A dlSCllSSlOll COlllllltled x~ll]l regard Io Digposa[ Area rtl and Iht illllOlllll t~[' spml ~hat onto Ihal SilO' ami xxhal x~il[ happen IO Ibc qllO ollcc [VCI slilrls Mr '[5~rrcll cxl)lillnod l]~:ll l*c I~ O]~IIHHSllC Ih;Il XXC ~;IH cloth thc ..krm5 Corps ,f Imglncc~s hmdlc Xlr Rocll~g SlillOd x~C tiro go~Hg lO hilxc Io lll:lkc il dcc~sIoH /~hclhcr or nol Io kcc[) l]lc CoHIl:lklOr on board and xxhal Ibc cosl Is go~g I0 be To mc lhctc arc il COIIplC of allcrH:lllxcs WU nccd 1o gel 21 CLAM BA'f SL P,-CO:q.XlI'i'~FEE;PELICA,X B.,\Y .X~TBIJ AI)VISOtCs' ('O.Xl.XlITI'I!I! FEBRUARY 19. 1999 clcarcd off,nd Id thc co,lraclor go offa,d do Ih.' dc;m ;~rc,L~. nol c~cn ~mo Ih~ Ibc Fall lo Mr P, odh~ r~plicd dml lus ~Ul 1~¢1mU ~s Ihal ~c :,re Uomg Io cml ,p CLAM BAh' SUB-COM,MI'I-I-EI~t'PFA.IC..\N }~..\Y .'~S't'PJU AD\'iSQR'~' ,..,.,,..,I fl'El( FEBRUAR'F I*). Iipprovc il no~ or ~1 ~lli i~Ol hai~pcn XI) OlmUOn pohl~c;fll) spca\mm ~, Ih:,l ~1' Ibc iLc{,.isl~} back~ ol'r Arlll~ Corps of Engineers and al~o going bclb:c Ibc Counl> ('olmul~s~on ~ Iht tcqucxl Ikw Ibc ~;n~cr ~l' dredging cITorl in do~ n lo ;~{~ptOMl{mlcl> l]l'l~ d.~ ~ Mr. Ward ~cphcd Ih;il hc docs nOl Ilnnk I{ml ~s mi issue 'Flus ~s nlOiC Ih;m Ibc RcgislO. fins ~ ;{ {oqs of u*¢ of IbC bc;,ch ,xkuc XI~ m~dcrsl;mdin~'. ~q l[Xll pO~llOn ;1 lol for xoIlc~b,d} .,nd ol{~cr u~s .md Ibc RcuN~ h;,s hexer b.~ckcd ~ll of tirol COlllllliSMOll ,H'Ii~mal~cl> :{cls ;iumn lO alk,~ u, m usc Iht Disposal Area f, om ('m ,~.I ~V]i;iI Ihc~ smd Call'I do Ih.il ~c h;Ivc ;I nlor;ll obhg;llioll lo ~o l~forc Iht Commission aXam and loll Ihcm Ih,~l 2.1 CLAM BAY SUB-COMMITTEE/PELICAN BAY ,'~gTBU ADV'iSORY COMMI~EE FEBRUARY 19. 1999 ' NIt. W:tr(l sl;ilcd Ih:il Ih¢ olhcr Coq)s of E~,gmc~rs has a problcm Comnlisslon said Fcs on Tucsd:~). 1 ~xould Iht) dc~ Iht usc of D~sl}os;~l Arc;I ~4. Nit R~lli~ c.xplalncd Ih:Il back :l~d Bcl some public ,ICCl~l~gs Sir. Tt, rcll Slill~d Corps of E,gm;crs x~ ill cie:ir Board ol' ('OIlIIIX ('OllllIllSSlOIIeFS 'nils AI).IOI'RN Nlr. Da','~d Rocllig, I:t'l~rn;Ir~ ILL I.E'F IT lie KNOX\'N. Ihat thc Pelic;m Bax .M.~i'JJL' A(!xisor', ('o:mmilce mci ~n Regular Session on this dale 11[ S:3{) A M ill ~hc Pelican B;~ Son,cos Dix,sinu Field Opcr;H~on /)1-15cc t,2()o Walcrgatc W;D. Naples ~ il h lhc follo~x lng mcmbcls prcscnu Dr. AI;m V:tdey. Chairman ' Mr. George Werner. V1¢¢ Ch;lirman Mr. Joseph Bax~'dtmink Mr. Thomas Broxxn (Absenl) Mr James Carroll Mr Ed~a~d Gril'lilh Xlr Glen tlinrcll Al. SO PRF. SIL\'I Collier CoiIiLp, Colllllllssl~,ltCt J,lnL¢~ ('arler: ,',,ir Ken Itump, lOn, thlllll..hm ,iHd Moore; Mr J;llllCtl l) \V;trlcl D,gj'xIrIIHolll Di[¢clOl ;llld ~,'Jr~, ['],;iLb;ir;i .~nHIh lt:,.'.,t',l~.t~l~t~ '%'crcJal'~ A G E \' I),.~, 1. Roll (',~I1 ~I;llll". P, Cj?'.'ql 011 IRc (;hill! J~,l; [),,..'xlo:.lllt~I1 [>hll,,l 3. Ad o,r, ROI.I. ('..\ I .I.: Dr \';uI.'~ ,.;lllcd IJIc IIh:Cllll_t: lo older ami ;p, kcd Ih,il Ih,.' Cornelia Kriegh and .Mrs M;nlr.ecn XlcC;lllh~ v, lLh ;Ill excused ;ibsenc¢ STATUS R E I'() R T O N TI I E C I.A,M IIA, Y R EST() RATIO X P RO,I ECT Dr. \';irle.~ explained Ih;il Iher¢ Is ;I COnlmmng problem ~ilh Ih¢ Rc~zl~l~? P, usml ;lint Nil him Dr VilrJC', SlilICd ihal tILci'c arc I,,~o ,:~ciH~, Ih;ll h;l',.' -'OllIC IiI) ih;il IIl',t)l\C IIIc Al lhO yen. I;l~,l ltlOlllCIIl II ~.',;is dl'~co',cl'Cd Ih;Il 'aC do IlOl II,l\c ;I (_'O,l~,l;ll ('tHi'-,IFIi~.IiLHi 5clb;i,.k l.lllC \;ilri;lIicc IO tit) lJi3 :lcIp,'lllCs Oll Ilic be,lOll '['hl. \t,l.. 11o1 ,i j~l b!cMi Ill,.' ('oulH\ ',\;is ,.xlllllL,.:, Io in,il,' be}end iht M.lr.;h I dc;idJIH,~ of !..'Ill!l< .I;lll,.'d l'hc t;llJ\ ,'t'Ai;l. lc lit,Il :.'IN.IIII~, I'. llhll lJl~' J~Oilld ,Il' COUIII)' ColllllllSS, lOllOrs has lo ;l~[C2 it) t',,ll', c lJll'. LCqillrCll!Clll ,llld Icl Lis ,,zo ;lilt;Id ;llld '~l;ll'I till NI;LICII J Tho oilier OCel]l Ih;il has h;Ipp¢lled Is Ih;il ~e h;Ld ~ulk,:d o111 ;I lelll;lll'~U ;lgrc,:lllClll ~iIIL Iht l ), ,: .,.:' p. ir.~ Ih;il we ,nould fume 25";, of lh¢ Salld norih of Ibc l];l~,~; ;Ind .'llso lo niobe IbC [)lsposilJ ..\rc;i no~lh of IIL,2 p;i,,,~ ;:"'" 5 . ;'5 : 299 PELICAN B.-',,V AI)VIS()RY CO,MMI'I'TEE Fchruary 19, 1999 Nox~. FDEP h,~(~ g;li(J 25'!;, of Ih;~t In.llcri;d can b~ mox,cd norlh of thc i');.,s, bul thc'. ,a~ll m:l ,,ihm Opllon Th~ ;s h:~rd lbr mo Io digCsl because ~c h;ixc x~orkcd so h;~d ,~ml x~c hold (llll SlllllIIl~[ Ih;d x~c x~lll h;IxC ;I b~g MOl'III ;lll(l r;mll~lH ;illd Ibc problcln x~lll ~lill'l Il0 ;l~;llll ['lll~ I~lic l~llal [OlllC x~ollld XOll ralhcr lakc'~ Shontd x~c fighl ii o.I ~xJlh I]1o COlllllll~iOll ;liid ~,.o lo I]lc IhclIi. ~l]lcrc ~xC m~ghl xcn x~cll lose'~ Mr II;.rcll slalcd Ih;il Mr. Thirmn ~s prob;~bl3 fi~cmg Ihc Iox~csl o~c.p:mc5 r;llC hc h;l~ )'cars. F]orid;i is Ill ~l I);id lOllliMll ~c;i; riehl I~o~ ¥Oll llOllld III.iL ~l x~ou]d bc [lcII~l IO (Jo ii XIr LV;irJ ;~rccd Ih;fl Dr V;lll~x staled Ibc i~roblcm pcrl'c~ll) I h.~ nrc ;~ ~o.plc ~l so. Ih of (.'lm~ Pa,< We Iht)~:~l~l lll~ lo ;I hlll~ ()~ ~r ;I ~cck ;1~o Illal ~c h;Id ;T ~ohlliO~l Io Ih.il l~t,,t,l.'l~ th:Il [ll;llcr~;ll co,fid be i)[~l ~loHh of Cl..~l Pass ;l~d FD[{P loc:fitx ;l~'rccd t,~ ~l r.)l~ >,lol,(t;~ ,~1' CoullI) Colllllits~lon Ih;M x~c h;~d :l SO]llllOII I0 IbC problem Ih;il ~;Is ,ICCCl)l;ll)lc Io thc ]~C~lqr3 al~(J Io oreO'one. Thc sohlllon ~x;is lo mo~c Ih;il spoil m;llcri;ll norlh of Cl'.ml Pass mid 27q, ol' Ibc beach ~qlld x~a~ gom~ ~lo~lh of Iht p;Iss m~d Iht b;Ikll~Cc x~;is goHIg doxxn lo Iht Naplcs C;~x ;.'ca Thc l~c;~'h q.ahl) nl;llcr~;ll x~II sl~ll v.t~ ~orlh ol' Cl:ml Pass ;md al Iht N;iplcs ('a~ ~lc Thc Ol~lX ~cm;.mn~ OpCll haxc cssc~ll~;lllx s;i~d Ih;il ;~1 Ibc c~(I o1' Ibc tl;~5 >ou h;~xc IO chsl)osc of lh:~t IIl,llcri;ll ;Is xx;Is pcltllllldd, so. Ih of Cl;llll Pass. uhclhcr xxc do ~1 .o~x or do ii ~n Noxcmbcr 'Fh;~t h;l~ got 1o be Iht spoil loc;ilion Thc PEt. IC.-\N BAY .\I)\'I~ORY £'O.\I%II'['TI.~I-~ Fchru;iry 19. I:)'J~) Rcgist~ I do not think, ts ob, i¢¢;m~ to II~;~t m;~lcrufl ~om~ Io Ibc south of ('l;m~ P;~ ht Nmcutb~r W.: March 1, PEI.ICAN BAY ..\I)\'[S()IC, Cf).M.MITTEE Fchr~l:lrx 19. 19')',' die "]'s" :md c!ol ;i~ Sir. Rocilig sm~cd ~t~:~l hc is OplmsCd lo talking abo. I Noxcmbcr bccat~sc il' XOll ~IH) Ih: schedule you sIip Ihc bud~cl. If ~xc go lo Nmcmbcr. xsc belief bC rc~ldy lO increase Iht b.dgcl. ;' xlflllcrablc poml iff]ct we opcncd bids. ~sc arc locked up hcrc and iF~c back oHl c~l'lhc pill lip IJlc ~l[;I III(~IlC~ IhJS IS ~0111~ JO CO~l J ~lJl IlOl :lCCCpl fill ;lllS~C[ Ih. Il II NIt [~cJl;~ r~pIic~] no ColldJliOllS. bL',l ~ :~1~0 J,;l~ c ;I s~Co~ld ]o~ bidcJ~r Ih;il ~ c,H~ ;iJ~:l~ ~o to ~J~ ~';ir~ ~%j)Liili~[ Ih;it I~el~)r~ lilt (~oJJJJJJJ~l(ljj ~JCCllll~ oil 'J~c~d;~x liable for x~h:ilC~r i1~ Io~l proJ~l~ ~lrc otl Ih;il p;irllcllJ;ir ob If hc hllp.llCd COlllFilClOF iS ~IJIlll~ Jo ~OI~, ~ilJI IlS ~llld Il ~CJ~ jlilJ oJ]' IlllIIJ ~;o~CIlIJ)cl. filial t~c ~llC II%IIIQ I() ~:CI Thc PEI.ICAN BAY ..\I)'VI.~OI,~V C031~II I'TI.~E Fchni:Lr.v 19, 19')') cro;llOd lbo problem in llcCdill~ Iho ;l[O~lcios IO I~k ill Ihcso dist~s;:l ;~rc.:s behind Ibc thmc ;l~.lul ami sohio olhcr ~ssucs CalllC up Ih;il I Ihmk xxliich lhcy nrc ;lg:ooulg IO pall o1'. ~fC. BCIx~CCtl tll~ SI;IlO filial thc .-%1'111) PEI. ICAN B,\Y ;\DVI.$OR'V CO31,\lI'l"FEE Fchrmtry 19. 19')9 Xl~ Ward replied IhHI )011 still h;IxC Io gel by Ihe COlllllX .&llOIll~X's ot~¢c ;ti Ihls ill(qHulll Nit (]r~]lh i~sLcd if Ih;~l ~t ail bo,l~ do',~ll I0 Ihe Rcg~Sl~ 's concern ef ,,:n,c Xlr, V,:,rd r~phcd correct pay back PCIic.gll ~;IS ~Ollllllllllll~ :lll(J ~C tJloll~Jd XSC had :1 kO]llllOll ~xor~,,cd OIII Ih;It Molld:l). :lfl~'r I[IC pJlOllC call I'rOlll XJr J]r;ill(JlJ~ Iht ~lpplc c;lrl x~;l~ lllillk'd ~j~.idc lilllO :llld ~e told Nit. Thirion x~e ~o, ld I~kc him Io I:~kc ;~ look at Ih~ ~kc mo~cd IO kccp ii I11O~ cd. ~c iirc illOXlll~ thc p~])c right to ih~ duliC Jill2 ~Vc .irc txml~ to IJlcrc for )ou ~md ~,~ll do x~h~llC~cr II I;l~,cs xx~lh [c~pCL'l Io Ih:~I ls~u:. Iml I ~:lnn,.~l thc ~lOn-bcnch qu:il~lx s;md go~ng <outh el (-J,llll [)dSs ~VC tJl~,k Ibc (~dor problem 10;151 I]lrcc d[II'~I~:'.l ~;Ixs ill x~ ]IIC]I lo Ir~aI Ibc ]~ cli~L'.cn sHll]dc ;~s ~l comes ~lll tq' Ilml pq~c .mci PEI,IC,\N IlA,'f .Xl)VIS()RV ('O,~ISII'I'TI-;I; Fvhru:~r.~ 19. 19')9 . : . v~. <.:' ~hmvch qm~kl~ because lhe ~'olml~cS~re ~o sm;ill lime. ~rillcn objccl~on Is ridic~dous Dr V,lllcx asked ll';IsnlltlllllE Ih~ [~',l,II~ docs Hol Ic~:~l hmdlc ' . re¢civin~ Iht ~ar~,,ncc ~hich Is schednlcd Ibr Ihc~r :~cnd;~ on Nl~l~ch '~ ,l~ Ion~ .,~ ~c ,~'c I~ ~h~ Dr X',lfl4~ sl',ll~d Ih;Il Is llol ~111 IsSIIC b4~;111~¢ Il Is I1ol CoIliltllgglOllk'r C;ll'lCr r~plicd Ih.it il is m,phcr tOlllllSCS ;lll(J Ih4f~ P ELI CA N l{ A 'V A D V! S 0 R'~ CO 31 ~ ! ITT E Ii FCblll:tl'} 19, I'J99 Tile Varlallcc IsSll~ :Ippllcs lO l[:C CI:I~rO plojccl ] undcr,,l;ind Xir XVc:ucl's ~om.:c:il, I h;i~c sccn advice, bul I h:l~c S~Cll Colllllx ColllnlisSiOllCrs do Ihal all da} long. II Is coniplicalcd, biff I l]llllk ~c Call make it clear and ~nnplc ;llld slick IO Ihc bastc issncs here of T~lll thc COlllllllSSlOll allo~ Di V;Irlcx *Idled Ih;Il l:c sc~Isos Ih;Il llli~ ~roup is nOl lcadx lo roll oxcr ;llld ih;il ;Ir[lied ;ill thc ~::x Ali .:~Ocd regisl~ lhls lllOrnilig? CONTINIrEi) I)r .,\I;lll \'ail,;x. ('lliilrlil;lll John C. Norris Dls~ct 1 James D. Carter, Ph.D. Dmtrict 2 Tlmolhy J. Co~stan~ne Dtslf, ct 3 Pamela S. MacYJe Disb-lct 4 Barbara 8. Ben7 Dis~ct 5 April 6, 1999 3301 East Tamiarni Trail * Naples, Florida 34112-4977 [941) 774-8097 * Fax (9411 774.3602 CERTIFICATION OF PARTICIPATION Mr. Clayton H. Wilder Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners accepts the invitation to serve as the coordinating unit of government in the Department of Con~nunity Affairs' Drug Control and System Improvement Program (Edward Byrne). For purposes of coordinating the preparation application(s) for grant funds with the Bureau of Assistance, we have designated the following person: of our Community Name: Joyce Houran Title: Gr~n~ Coordinator Agency: Collier County Sheriff's Office Address: 3301 TamSami Tr~i~ Building J - Finance Division Naples. Florida 94112 Telephone: 941-793-~4~ Si~l~erely, ~ attest ~s to Ch~fr~n's signature on]~. A RESOI.UTION OF TIlE BOARD OF COUNTY COblMISSIONERS OF COLI.1ER COUNTY, FI,ORIDA ESTABI,ISIIING AND ,\PPItOVIN(; AN AI,TERNATIVE PROCEDURE TO APPROVE SUBDIVISION PI.ATS TIlE BOARD AGENDA, BY I)EI.EGATIN(; T()Till.; PI.ANNIN(; SI';RVI(;ES DIRECTOR OR Ills DESIG*'EE T}IE ..\UTIIORIT'~' TO REI)UCE TIlE AMOUNT OF TIlE PERFOP, MANCE SECURITY FOR Tile REQUIREI) IMPROVEMENTS, ..\ND BY DE[.EGATING TO TIIE Cli,\IRMAN TIlE AUTtlORITY TO SIGN AGREEMENTS RELATING TO PEI~FOI~MAN('i.; SECURITY FOR SUBDIVISION IMPROVEMENTS. Tuesday of each month for its regular public meeting: and subdivision plats may be approved at meetings of thc Bo',trd of ('ounlv WItEREAS, Commissioners: and WHERE.,\S. thc dcvclopmcm community and thc I~,oard of Cotmtv ('ommissioncrs desire provide for a more cxpcditious processing et'subdivision pi:its: and WIIERE.,XS. thc Board of County Commissioners desires t~, approve subdivisi{m plats pursuant to Section 177.071, Flori~h~ Slalutex; mid WHEREAS, as pa~ of the approval proccss, the County and Iht developer enter into a construction maintenance agreement with a bond or a letter of credit or escrowed fkmds lo ensure that certain required improvements are constructed within each subdivision: and WHEREAS, slandard forms tbr the construction maintenance agrccmcnls, thc letter of credit and bond arc attached in thc Appendices to thc l.and Development ('odc; W}IEREAS. thc Board off C'otmtv Commissioners desires to aclministralivclv process lhc construction maintenance agrcc~l~cnt, thc bond and totter of credit by delegating thc aut}~orily reduce thc amount of thc required l~crl~3rmancc security and by delegating t}~c authority 1o cxcculc agreements relating to performance security for subdivision improx'cmcnts. NOW, T[tEREFORE, BE IT RESOI.VED BY 'FltE BOARD COMMISSIONERS OF COLLIER COUNIY, FLORIDA. that: the County Auomcy's Office. tbcn thc performance sccurhy shall be h~clmlcd in thc agenda item. If the pcrfommncc security has not been approved, then it shall be administratively approved as follows: a. . The Planning Se~iccs Director or his designee is delegated thc authority to reduce the amount or the perfommnce sccurily required in construclion maintenance agreements a~cr approval of the subdivision plat by thc Board if a porlion of thc required improvements are completed and approved by County Staff after an inspection t,f thc infrastructure by thc County. Thc pcffom~ancc security shall equal 100% of thc engineer's csttmatc of costs to complete thc remaining required improvcmcnls and 10"/~, engineer's original estimate of costs to complete all of thc required improvements. b. Thc chaim~an of thc Board of County Commissioners is hereby dclcgatcd thc authority to s~gn construction mamlcnancc agreements on behalf of thc Board after thc plat approved by thc Board of County Commissioners and after approval by thc Phmning Sen'ices Director, or his designee, ~d the County Attorney's Office. 3. No plats shall be recorded without execution of a construction maimcnance agreement and receipt of an acceptable perlbnnancc guarantee. Thc fiflly executed conslruction maintenance agreement shall be filed with the Clerk to the Board. 4. This Resolution shall take effect immediately upon adoption. This Resolution adopted after motion, second and majority vote hvoring same. Dated: ATTEST BOARD OF COUNTY COMMISSIONF. RS DWIGHT E. BROCK. Clerk COI.LIER COUNTY. FLORIDA By: ~/ st as to Chairman's Approved As~oYl:orm and Legal Sufficiency: Heidi F. Ashton Assistant County Attorney P6MELA S. MAC'KIE. Ch~invoman Naples DstLy N~s NaoLes, FL 3~102 )ffidavit of Publication ~OARD OF COUNTY CO~/4ISSIO~ER$ ATTN: TO,PlA PN%LLLPS REFER~CE: ~12~ 1131~8312~91 ;~ 5~5~18 C~1 ~TICE OF PU State of F[oeJ~ blare t~ ~ersign~ But~rtty, pers~aL[y ~r~ B. La~. ~ ~ ~th says that she se~ves es t~ AssJit~t Cat.rate Secretaey of the Naples hlty ~s, I ~$[y n~s~pee ~bLJsh~ at Naples, iff Collier C~ty, FLorida: that the attach~ ~ of ~ert~st~ ~as ~Lfsh~ in ,etd ~a~r ~ ~tes ttst~. ~ffl~t further says t~t the said Naples Daily NWl il I n~s~r ~bLish~ at Naples, ~n said Co[[{e~ C~ty, FLorida, a~ that the said n~s~ ~s heretofore been contin~sly ~[Jsh~ in said Collier County, FLorida, each ~y a~ ~1 ~en enter~ as sec~d class ~t[ ~tter at the ~st office in Naples, tn said Collier C~ty, FLorida, for a pert~ of 1 year ~xt pcec~i~ the first ~b[icati~ of the ettach~ c~ of ~vertiseeent; and affiant furt~r ~yl t~t she has neither ~id ~r p~lS~ a~ ~rs~, firm or c~rati~ any d$$~t~ re. re, c$t~i~ or refu~ for the ~r~$e of ~ecuri~ thi~ adverti~e~ent for AD SPACE: 96.000 INCH FZLEO 0~: Affiant -- ,Signature of suorntoeml Sub$crt me t 19 NOTIC~ PUGLK: er P~ltl~ CU.tg.I, neerlng Consul. owflShlp 48 by the Chairman, a ml~ BOARD OF COUNTY COmmISSIONER COLLIEN COUNTY, FLOR~A PAMELA ~A~WO~N DWIGHT E. BROCK, CLERK - COLLIER COUNTY FLOP]DA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARING$ To:~ Clerk to the Board: Please place the following as a: XXX No~al legal Advertisement [-I Other: (Display Adv., location, etc.) A Originals Dept./Div: Comm. Dcv.Ser,;'./Plarming Person: Ray Bellows Date: ,~_/~ / Petition No. (If none, give brief description): CU-99-I Petitioner: (Name & Address): Blair A. Foley, Coastal Engineering Consultants, Inc.. 3106 S. l lorscshoc Drive, Naples, FL 34104 Name & Address of any pcrsonfs) to be notified by Clerk's Office: (lf more space is ncc&d, attach separate sheet) St. Paul Antioch/an Orthodox Church, 8867 Lely Island Cir., Naples, FL 34113-2609 Requested Hearingdate: ,~ I$ _9~' Based on advemscmcnt appearing 15 days before heanng. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Propose~d Text: {Include legal description & common location & Size: CU-99.1, Blair A. t:oley, of Coastal £ngin¢¢r/ng Consultants, Inc., representing Alexander Salem of St. Paul Antioch/an Orthodox Church, requesting conditional use "7" of the "A' zoning distirct for a church for property located at the Southwest corner of the intersection of Immokalee Road and Rivers Roa& in Section 30, Towr~hip 48 South, Range 27 East, consisting of 5 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [~e~ ff'l No If Yes, what account should be charged for advertising cosu: 113-13834'2.6491 I0 Da~6~ c~ Approved by: l~ivision Head Coum¥ Mana§er Datc List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to County .Manager. Note: If legal document is Involved, be sure that any necessary legal re,flew, or request for same, Is submitted to County Attorney before submitting to Coun~ Manager. The Manager's office will distribute copies: [-! County Manager agenda file: to Clerk's Omee Requesting Division [] Original · B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ,:- i;. FOR CLEIUC'S OFF~CE USE ONLY: R i.";(H [°'I'I¢)N ~)9~ · '\ I~I~S¢)I.U'I'ION I'R()VIDIN~i Ft)R I'IIE liST,\I~,I.ISIIMI(Ni' ()1: ..\ ('tlURCII ,\NI) RliI.AII(I) I:A('ll.l(lliS ('(3Ni)l I'IONAI. I:SI( ..... IN Tllli .\(iRlCl'l.l-t'Rli /()NIN~; I)ISTRI¢'I' I'I'RSIb\Ni' I'~) · M:.CI'ION 2.2.2.). (~1: I'IIF. ~'OI.I.IF.R ('(;l:×-l'y I...\NI) I)tiVF. I.OI'M ENT ('t)DF. I.'OR I'R( )PERTY I.()('.\ I I-I) IN Nli('l It )X 30. 'I'OWNSIIlP ..t,,~ SOU'I'It, IL.\NGIi 27 l!..\,'qT, t'OI.I.II:R COI.'NTY, FI.ORIDA. WIIEREAS. thc Legislature of thc State of l:lortda tn Chapter 67.1246. Laws of Florida. and ('haptcr Florida Slatutes. has confe~ed on Collier ('ounty the power to establish, coordinate and cnlbrcc zoning and such business regulations as are necessan. Ibr the prolectmn ol'lhc public: anti WIfEREAS. the ('ounty pursuant thereto has adopted a I.and l)cvchqm~cnt ('ode l()rdmance N~. 91-102) ~h)ch includes a ('omprchcns~vc /orang ()rdmancc cstahhshmg rcgulatmns particular geographic divismns of the County, among wluch ~s the granting of ('ondit/onai WI IEREAS. the Collier ('ounty Planning ('omm~ss;on, being Ibc duly appointed antJ conslltUlCd planning board tbr thc area hereby al'l~'ctcd, bas held a pubhc hearing al'let nollCC as in sa~tl rcuulamms made and provided, and has considered the adv~sabd~b. of Conditional Use "T' oF SCcllon * ~ ~ - ....... m an .'kgncuht~rc Zone lbr a church and related lhclhllcs on thc properly hercmal}er described, and has fimnd a~ a mallet of lhcl (Exhibit "A") that ~anslhctoD. prov~smn and amangcmenl hauc been made concerning all apphcablc matters required by smd rcgulatmns and m accordance wnh Subscctmn 2.7.4.4 oF thc Land I)cvclopmcnt ('ode Ibr Ibc Collier Count,,,' Planning ('omm~sslon: and : ~ WItEREAS. all interested panics have bccn given opportunity to be heard bv this Board in a public meeting assembled and the Board having considered all matters presented. NOW. ~tEREFORE BE IT RESOLVED. BY TIlE ItOARD OF ZONING API'FAI.S ,f Collier Counw, Florida that: 'Ibc pctm(m filed by Mr. Blair Foley ,F ('oas~al engmccnng consu ams. Inc. representing Alexandcr Salem wilh respect to thc property hereinafter described as: Exhibit "B" x~ hlch is attached hcrclo and mco~oratcd by rc/brencc hereto be and thc same ts hereby approved lbr Condmonal t:sc "7" -F Ncction 2.2.2.3. of thc Agriculture District fi)r a church and related facfimcs m accordance x~nh fl~c ('oncct tua~ Master Plan {l~xlnbit "('"~ and subject to thc Ibllowmg condmons: ,'\n approprlalc pnrhon of' native x'cgclatl;m sha[l be rclalncd on silo as rcqmrcd in scctmn '~ 9.5.5 4. or'thc [,and l;)cvclopmcnt t'odc ( I,[')CI. ,\n cxol]c vegetal]on removal, nmmtormg, and m:nntcnance lexcmc freel plan 6ar s~te. ',v]th emphasis on areas of retained native vcgctauon, shall be submitted Io Currenl Planmng Environmental Staff for review and approval prior m final plan/construction plan approval. \t tm~¢ of SI)1) ,,ubmmal lhe -qte plan ,hall ,hmv ,ldc~alks extending ffmn !lanthcappcd spaces m tile btnkhng entrance. the l)eveJopcr shall pro~de arterial Icxcl strcc' 1; ..'htllltl al tile c:vtance t~ I,tlxcr,. R,~ad ,Il JnlnlokaJee Road al 1tlo lime o1' lO;.LlallCe el' I}10 lir,,l cerlllicale of ~Wt'tlJ'}allt.'~. ill e,labhshed prelect entrance~. lane on lmmokalee Road at Rwers Road prmr t,, fl:c lmmc et ~suancc ~,I Ihe lirM cernlicate of occupancy. This ~ork shall al,,~ include all nccc,,mv ,~=mnu and nlarkmg a~ rcqmred fi~r the lurn lanes togcfl~cr v. nh pavement ITl;Irkings ~tt a SloD ~1~11 ,n R~ ers Road al lmmokalce Road. BE IT I:I'RTIIliR RIiSOI.VIiD that this Rest~lutmn be rec,~rded m fi~e minute, t~t lh~,. Board. l'his P, esolutmn adopted after metmor, second and majority vote. - Done this day of 1999. Bf)ARI ) ( )t" Z(.}NIN( ~ '()1 l.lliR ('(.~I ATI'ILSI': DWIGIIT E BI~,¢)( K. [Icrk Approved as to Form and Legal Su fllciency: Marjoffj~ M. Studcnt . A~i~tant County Attorney f~U.~.I REsOl.t/llO~ FINDING OF FACT BY COLLi ER CCb~TY P~.~XNN I NG CCMM i SS i ON FOR A CCNDiTiONAL USE FOR Sect ion 1{,2.2.2.T. :,f the La:wi l>.~','~]c!w::c,::t '-,-]~-, authorized ~he condit~e:~al ':se. public ~n~eros~ and will ..,.,~ .... 1z affec~ ,-"~ .... r ~rope~'t.y c:' uses '- same distr~c2 or neiahborhocd :?ec,t~use .. : ingress and egress to proper~y and propcsed structures thereon wi~h particular reference to automotzve and pedestrian safety and convenience, traffic flow and control, and access in case of f=re or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to glare, economic or odor effects: NO a=~ect or Affect mi ~ 'ed ' t~ga~ ...... ~ ..... canno~ mitiga'od D. Ccmoatibiiit'.,, with adjacent property in the district: Compatible use within district Y e s N o Based on ~h_ above f~ndings th~s cond~ ,~ ' , ~o,,al ':se should, with stipulations, (copy attached) (should not) be recommended for app~o DATE: CHAIRMAN: ~'IFINDI'NG OF FACT EXHIBIT "A" LEGAL DF. SCRI PTIOX And ~E EzST ',/2 CF :,4E ~;OPT~'E.'-ST ,IORTHV,~ST I/4 OF SECTION COLLIER ,-~,,~.,T.¢.~,., .. ,r~r.m~__,,.~., LESS -~r. ,_ ',','ES' ~00 ~ET :.~lO ':'~._.. ':~r'.. ~IORTH :33 FEET /.ND ;.ESS T~E E/,SF 13 ~'EET "HERECc. F. Nt tIBIT "B" % OF PAGES~ TO: PAM PERRELL LOC]~TIO]~: NAPLES FAX ]~O: 263-4703 . ~: LISA STEELE (941) 7~4-8408 (941) 774-8~06 17A March 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 99-1 St. Paul Antiochian Orthodox Church Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138312-649100 i 'f A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAYL APRIL 13~ 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting wilt begin at 9:00 A.M. The Board will consider Petition No. CU-99-1, Blair Foley of Coastal Engineering Consultants, Inc., representing Alexander Salem of St. Paul Antiochian Orthodox Church, requesting conditional use "7" of the "A" zoning district for a church for property located at the Southwest corner of the intersection of Immokalee Road and Rivers Road, in Section 30, Township 48 South, Range 27 East, consisting of 5 acres. NOTE~ All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed, individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or 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 tile proceedings'is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) · : March 1, 1999 St. Paul Antiochian Orthodox Church 8867 Lely island Cir. Naples, FL 34113 Public Hearing to Consider CU-99-1 St. Paul Antiochian Orthodox Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure March 1, 1999 Blair Foley Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Public Hearing to Consider CUo99-1 St. Paul Antiochian Orthodox Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk .~7%~iEnclosure RI!St,)I.I. YI'II)N ',~';- 200 A RILSOI.I.i'I'ION PR()\:IDIN(} FOR Till:. I!STABLISII*II(NT ()F A ('IIURCII AND RF. LATF. D FA('II.ITIE$ CONDITI()NA[. U,',;I.~ "7" IN TIIF. A(;RICUI.TURF, ZONING I)ISTI,',ICF Iq!R!qI!ANI' '1() SI.iC'IION 2.2.2.3. ()F 'lite ('()l,l,lliP, ('()IINIY I,ANI) I)EVI-J.()PMF. NT ('ODI.~ FOR PROPF. R FY I.O('ATIiD IN SI'~("I'I()N 30. TOWNSIIIP 4g fiOUTII, RAN(iii 27 IiAST, C()I.I.II;R ('Or !NTY, FI.ORII W II[..'RIiAS. lhc l,cgislature of the Slate of Florida m Chapter 67-1246. l,aws of Florida. and ('hapicr 125, Florida Slatulcs. has contused on Collier Courtly Ibc power lo eslablish, coordinnlc and cnfi~rcc ~mmg and such business regulations as are necessa~ for the protection of the punic; and WI IEREAS, the County pursuanl thcrclo has adopled a l,~nd l)cvcl,pn~cnt ('ode (()rdinancc 91-I02) x~htcb includes a ('omprchcnsive Zomng ()rdmancc cstabhshing rcgtllalim~s fi~r particular geographic divisions of thc ('ounty. amrmg which ~s the granting of('ondilmnal 1 ~scs: and WI IEREAS. Ihe Collier ('ounly Planmng ('mmmss,m. being lhe duly appmnlcd and pbnning board fi,' Ibc area hereby al'l~clcd, ha~ bchl a puhhc hearing after noHcc as m sa,I rcgulalums made and provided, and has considered ll~e advisabilily of Conditional I~sc "7" of Secn,n 2.2.2.3. m an Agncuhure Zone for a church and related t~cililies on lhe pr,perly hereinafter descrfl~cd, and has fimnd as a mailer (Exh~bn "A") thai salisl~lctoD, provision and arrangement have been made omccrnlng all apl~hcnblc reqmrcd by said rcgulallOnS and in acc,rdancc x~tlh Subscct,m 2.7.~.4 ,f Ibc [,and [)cvcloplnclll ( Collier County Harming Cmnm~ss,m: anti WIIERIiAS. alt interested pames have bccn g~vcn opportumty Io he heard by this Ihmrd m a pubhc meeting assembled and thc Board having considered all mailers presenlcd. NOW. T[tEREFORE. BE IT RESOLV[:I). BY Till: BOARD OF ZONING AI'I'EAI,S of Collier County. Florida that: 'l~e pet,,m filed by Mr. Blair Foley of ('oaslnl engineering consullanls. Inc. representing Alexander Salem w,h respect Io the property hereinafter dcscrfl~cd l~xhibil "B" wh~ci~ is auachcd hereto a~ld ~c~,poralct! by roiL'fence hereto be and the same ~s hcrd~y approved liar ('ondlllonal Use ":" ,f Sccu,n 2.22.3. of Ibc Agriculture Z,ning l)islricl Ii~r n church and rclaled I'acilillcs m nccordancc wilh Iht ('onccplual Master Plan {lixhibil "('") and subjecl Io the following conditions: a. Afl approprulle portion of nallvc ~cgClilJlon shall bo retained ~,1 site its rcqtarcd ~cction 3.9.5.5.4. of thc [,and Development Code Il.l)('). SilO. wilh elllphasis i)n areas or rctalrlcd Ilailvc vcgctali()n, shall be sllJllllillctJ I. ('tll'rcnt Planning l!nvironmenlat Staff Ibr review ired approval prl,r t~ 15hal plan/conslruetion plan approvnl. At time ot' SDP Submittal Ihe site plan shall show side,vaiLs extending rmrn handicapped ~paces to the building entrance. The Developer shall provide arterial level strcc! hghting at linc entrance h] Rr,'ers Road al hnmokalce Road at Ibc time of issuance ol the first certificate of {)ccupancy at established project entrances. The I)cvclopcr shall provide an easlbound right turn lane anti a westbound left lurn lane on Immokalce Road at Rivers Road prior to the time of issuance of Ibc first certificate o¢ occupancy. This work shall also include all necessary signing and marking as required fi~r thc turn lanes together wtlh pavcrncnl markings and a stop s~gn on Rivers Road at Immokalcc Road. lie IT FI :R 1'11ER I'[ES()I.Vlil) that this Rcsohl!,m bc recorded m thc minutes o 'llnx Board, I).nc this /(.X _ day o1'~ .... ~ 1999. ATTEST: DWIGHT E. BROCK. Clerk · ~ u, re ,",ppr~:'ca as lo l*drrm and Legal Sufficiency: ~ //~ "//.' Marjori..¢ *1. Studcn! Assistant County Attorney £'('tJ-O9.1 Rl:5,~}l I'IIflN COL I.H:'R COUNTY. FLOR i'DA ~A,MELA S. MA("KII!, CllAIRWf)~;f/~ff -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-1 The following facts are found: i. Section 2.2.2.3.7 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with ~h~ Land Development Code and Growth Management Plan: ./ Ye s B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes '" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: "~' No affect or -----__ Affect mitigated by ______ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulation~ (copy attached) (should not) be recommended for f/FINDING OF FACT CHAIRMJd;/ EXHI2IT "A" FINDING OF FACT BY UOLLiER COb~TY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR =~t:~icn No. CU~99 1 l~= fcilaw~n~ :ac-s a~ ~-.~ ' Sectlcn 2 2 2.2,7 '-'~ ~he Land ~,v ~-~,-- ..... ~_ e ........... Uade authorized .... ~cnoi~ionai ~se. Granting the condzt!onal use w~ii not adver£eiy affec~ the mubiic interes~ and will nc~ adversely affect other property -- ~,,- same d~s~r~ct or neighbcrhcod kecause of: A. Consistency wl~h ~he Land Deveic~menz /ode and Growth Management .~_~: Yes No ... B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes '/ No C. Affects neighboring properties in relanicn to noise, ~!are, economic or odor effects: No affect or Af: ~ec~ ~ ' - ,.,~i~a~ed Dy a~ec~ cannot be mitigated Compa~ibillty with ad}acent properties and other property In ~he district: Compat~bie use ~i~hin district Yes _'L___ Nc Based on the above findings, this conditic, nai use should, wi,th stipulations, (cop}' at~ached) ~pnot~ be recommended for approval MEMBER:___ ~ f/FL~;DI.~IG OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-]_ The following facts are found: ~Section _ 2.2.2.3.7. of the Land Development Code authorized conditional use~ ~i12.. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes .~ ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~'"' No C. Affects neighboring properties in relation to noise glare, economic or odor effects: , ____~JNo affect or · _______ Affect mitigated by .., ' Affect cannot be mitigated - ----------_ ' Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ___~ No Based on the above find{nos, this conditional use should, with stipulations, {copy attac~d)¢f~'J¥~'not) be recommended for approval - · .___~__~.. ,~ DATE: f/FI'~;DING OF FACT :{EMBER/ FI: .~u OF FACT BY ,COLLIER COb~'TY PLANNIXG C2:<MISSi_~:* FOR --'"~---'~,~.~ USE PETiTi~'? FOR Petition N .CU-~9-1 The = ~o~lcw~n~ facts are found: h~Secti°n ~ of the Land Development Code authorlzed condi=ional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property. or uses in the same district or neighborhood because A. Usnslstencv with , ~.,- Land Development 2'cde Growzh ManagemenZ Yes Xo B. ingress and egress to oronerty and proposed structures thereon wit~ p~rticular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of catas~.ophe: Adequate ingress & e~res$ Y e s ~ No C. Affects neighboring properties in relation to noise, glare., economic or odor effects: ... ~ No affect or Affect mitigated by Affect c~ be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~hin district Yes ~ No Based on the above findings, this conditional use should with stipulations, (copy attached) £/FINDING OF FACT MEMBER/ FINDING SF FACT BY C%LLiER C%UNTY PLANNING C~MMiSSi~N A C~NDITIONAL USE PETIT'$N FaR iTA The foi'c;,:[nc facts are 2. Gr '~ ....... st and will no' . '- ....... e same Glstricc ---lgnu~.nocd bo~aus~'of. " A. icnsls~ency with the/Land 2~'.~ Growth Management ~/an: ..... ~.,.en~ L~.j~. Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe: ' Adequate ingress & ,~ress Yes .__f___ No A~_gus neighboring properties in rela~icn to noise ,~i~'e, economic or odor effects: _______ No affect or -----_ Affect mitigated _______ Affec~ c~nno~ be mitigated D. Compatibility with adjacent properties and prcper~y in the district: Compatible us~/'ichin dis2rict Yes v No Based on the above findings, ~his conditional use should, with stipulations, {coPY attached) approval . ~ be recommended for MEMB f/FII~DING CF FACT MEMBER/ FINDING OF FACT BY i'3LLiER COLQ~TY PLP~NNING CCMMiSSiO>: FOR A CONDITIONAL USE PETITION FOR Pe ition No. -99-1 The following facts are found: Section 2 2 2 ~.7 of the Land TM ~ .... ;~ ...... ez_.opmen= =o ~uthorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency wzth the Land Development Growth Management Plan: Yes ' /~ No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, uraffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ~e3f&ss Yes ~' No Affects neighboring properties in relation to noise, clare,/economic or odor effects: ~-'~No affector Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use ~%thin district Yes ~./ No Based on the above findings, this conditional use should, with stipulations, (copy attached (should not) be recommended for DATE: S:'--/-,~'--- ~'~' M=MBER · f/FittING OF FACT MEMBER/ LEGAL DESCRIPTION ACCORDING TO OFFICIAL ~ECOPD 9OO~< 1225, (FU~NtSHED BY CLIENt) THE WF. ST 100' FEET OF T~E EAST ONE HALF OF THE NORTH EAST ,~UAP;'ER OF THE NORTH EAST QUARTER OF THE NO~ W~ST ~UA~T~, ',.ESS THE NOR~ 100' FEET ~IGHT OF WAY, SECTION 50, TO'a'~SHIP 48 SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA, And ~~: (REF: OFFICIAL RECORDS BOOK 471, PAGES 436-437) Ii'HE EAST i/2 OF THE NORTHEAST I/4 OF THE t:ORTHE;,SI' 1/,; OF NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET AND I E:CS rH, F NORTH 100 FEET AND LESS THE EAST !0 FEET THERECF. EXHIBIT "B" NapLes DaiLy Nays Naples, FL 3~102 Affidavit of Publication Haples Daily Heus BOARD OF COUNTY COMMISSIONERS AT~: TONYA PHILLIPS PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383236491 57852986 V-99-02 NOTICE OF PU State of Florida County of Collier Before the undersigned nuthorJty, personally &p~ared B. Lamb, vho on oath says that she serves es the Assistant Corporate Secretary of the Naples Daily News, · da(ky newspaper published at Naples, 4n Collier County, Florida: that the attached co(~/ of Advertising vas published in said newspaper on dates listed. Afl(ant further says that the said Naples Daily News ts I newspaper p~bltshed et Naples, tn said Collier County, Florida, end that the ~atd newspaper has heretofore been continuously pub[(shtd tn said CoaSter County, Flor(da, each da,/ end has been entered as second class mail matter et the post office in Naples, (n sa~d Collier County, FLorida, for a period of 1 year next preceding the first publication of the Ittached co,r/ of advertisement; and affiant furtheray$ that she has neither paid nor proaJsed$1nY person, f~rm or coporat(on any discount, rebate, commission or refund for the pubt. tcat$~ tn the said ne~r. PUBLISHED ON: 03/28 AD SPACE: 97.000 INCH FILEO ON: o3/~/~ , Signature of Affiant -,- '~. ~' i Pers~lly k~ by me ~ NOTICE OF PUBLIC HEARING Notice IS hereby given that the Board of Coun~ Co~ml$sJoners ~ Co4ller County, will holcI o public heorlng o~ TUESOAY APRIL 13. 1999. in ~e Booter oom, 3rd Aclml~lstr atlo~ Oulld Co~tle~ Count~ mens Ce~er, 3~01 E~t Tomloml Troll Nog)les, Fio~ldo. The meet nO w~II belgheln of ~.00 A.NL Boord will er Pefliio~ NO. V.9q.02 Sto~le¥ V. I~ chor~s of Apple Construction Compon¥~ inc./ C~' chord Homes, representing William ~ Toro SoaroOo re- Questing pti Uiler-[he-. foci vorloe~e of 1.44 feet trom the reQuired :)O-foot slow yard set. bock to 21.5& feet for Street S.W., fur. rne~ de,scribed o~ Troct 10~ C,~den Gate Es- totes Unit 194, In Sec* teen 11, Township 49 So~h, Ronoe ~7 East. NOTE.' All Oerim~. wish. do Item must reg~fe~ wsm ft~ ~ odmlnlsfrah:~' ers will be limited lo mim. rt~ on on¥ Item. The selecttoel of on Incllvlc~of to sOeok en behoit of on orgonlzcflion or group Is encouroged. If recognized by the' ChoJrmon~ o spokesoerso~ fo4' a g~ou~ or orgonlzoflon ropy be a~- toffecl 10 minutes to Persons wlthlng fo h~ve wrUten m' oroohl¢ B~ord O~endo pockets public heoelno. Iff CQ~e, wrJtren ~k~ls tended lo be considered by the Boord sl'l~ll be SUb,- miffed to fha Cour~/ Stoff O mlnlmum of seven c~v$ l~qor to the public heorlma. AI{ ol used In presen,,.~'lon$ before the Board will be- ¢orr, e o ~ermonent port of rne recorcL Any Derso~ who es to or4~eo; o ~ecl.,Jon of the Board will ne~e~ o re- cord of the i~"oce.edlnqs . pertolnlng thef eeO, therefore, may neea to ensure r~at o verba~m T record of the pro~e~lln~t is mode, whlchrK~d In- cIuc~'~ fha te$flmo~ly COMMISSIONERS COLLIER COUNTY, PAMELA S. MAC'KIE, CHA~WOA~AN DWIGHT E. BROCk:, CLERK E,~: ltl LI~ Steele, (If more s~ace neece~, attach ~.e~arate sheet: Newspaper:si t~ ~e used: (Complete cn!y ~f :rF~ta~t ~, ~,:~::,~:,:/ ~;~ple~ Daily or ie;~ily required ~) ~ ..... .... / Ot.r. er Pro~aed Text: (Include legal ~esc:kption ~ co~n location ~ size V-99-O2j~ V. Construct{on rom an Inc./Orchard Homes Inc. re resenttn William a~ Tara S arac~ ~ ue~n after-the- fact variance of X.4¢ feet from the ~uir~ 30-foot aide ~ard setback to 28.56 feet for ~ Xocmt~ mt ~ Street S.W., further descrl:ea as Tract X0~ ~ld~te Est~nit ~94 ~n Section 18, TownahX 49 SOuth ~ ~ast. Co.anion pet~t~on(al~ If any, & Drowsed hear~ng On?e: ~es Pet~txon Fee :nclu~e ~'/ert~s:ng Cost? Yes ~-~ No ~ ---~ 1~ yes, wh~t ~ :::~,,r~t ur, auld be charged [o~ advertising coats: 113-138323-649110 Reviewe~ by: Apptave,J b'/: List A%tach~er, ts: Il; (2~ (31 DI STR ] BIJT i~ iNSTRU~[~S A. Fo~_hea~lm~ before 8CC o: BZA: lnlt:at~nq peg~on ~o college one co~y an~ cg'.~:r, D~v~slon Head approval before ~ubm~tttnq to County Manager. N_~J~: ~! document ~n ~r,~'pll~_d~ nece~sa~~ew, ~r re~es% f:~[ ~a~E ~jbmttte~ t~~oun~ttorr.jy~e~3~e sub~lttln~ County Mana~. The Managet'~ Office wtl[ distribute copter: %o Clerk's Office B. Other hearlnt~: Initiating ~l£/~jj.~_oo_H~j,~ to appro'.', and submit oclQlr,~l to ,';i*:K'~ Office, retalnin9 & copy for file. FOR CLERK'S OFFICE USE Date Received Date of P.H. Date Advert t ced RI{SOI.I.'TION N(). '~}- WtIEt{EAS. thc ('otlllly ptlrstl:llll thereto has adopted a J.dlld [)t,vcJoplllClll ('ode I Ordillancc N,~ 91 - Ill2 1 x~ bich establishes regulations fi,r Ibc /Olllllg O1' particular gc*~graphic di~ istm~s of thc ('ottllty. ;tlllOllg kk hicll is lJlc gr,illlillg ol'x arlilllCcs; WI lEI{IL.kS, thc lloard ~}I'ZOIIHIg :[ppc[ds. being Ibc thtly cJcclcd co~lqlltllcd Board of ibc area hereby aflkctcd, has held a public ncanng after nonce as m said regulations made and provided, and has considered thc advisabilily of a 1.44-tbot variance I?om lhe required side yard smback of 30 lget to 28.5~) lkct as shown on the atlachcd plot plan. Exhibit ":~". in an "Estates" Zone lbr Ibc prope~y hereinafter described, and has tbund as a matter of fitct lhat satislhcto~' provision ;uld d~allgelllClll have been made ct~llCCnlHl~ all applicable matters required by said regulations and in accordance ~[:h Secti,n 2.'.5 of thc Zollillg Rcgulatmns oFsaid Land Dcxclopn~cnt ('ode lbr thc unincorporated area of(',llicr ('ount5; and WttEREAS. all imcres~ed panics have been given opportunity I, be heard Jw lhis Board in public meeting assembicd, and Iht Board having cunsJdcred all mailers prcs¢nled: NOW TtlERE[:ORE BE IT RESOI.VED BY TIlE BOARD OJ: of Collier County. Florida. lJlal: The Pemion V-99-2 filed hv Slanley V. Richards of Apple ('onslruclion. Inc.. representing William & Tara Sparacio. with respect to the pmpc~y }lcrcill;ll~cr described The somh ISO l~et of Tract 106. Golden Gate Eslatcs. Uni~ No. 194 as recorded in Plal Book 7. page 1~)I of the Public Records of C~lllcr ('rarely. 'Florida. be and Ihe same hereby is approved for a 1.44-1bot variance from thc retlmrcd side yard setback of 30 i~et to 28.56 rcm as shown on ihe allachcd plot plan. Exhibit 'A".-f Iht Estales Zoning District whereto said propcmy ~s located, suh.lect lo fl~e lk~lh~ mg cm~ditions: This variance shall only apply m thc sl~.lcturcs idcntilicd on thc attached plot phm ( Exhibit "..V'} · ':0'- ~l 00'19'10' E 180.00' 1713< STREET S.w.. GO' ROAD EASE!JEH~ .I ' V 99-02 NOTES & ]~"~$I$[ aOUNDARY SURVEY .".qJ',,'Aazo ,'"0,~ EXHIBIT PAM PERRELL NAPLES 263-4703 LISA STEELE LOCATION: CO~ COIINTY COURT]ROUSE FAX NO: ~941) 7~4-8408 PttCIlN~ NO: _J941) 774-8406 17B March 8, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue };aples, Florida 34102 Re: V-99-02 Variance for property located at 991 17TH Street S.W. Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138323-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAYi APRIL 13L 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 No. V-99-02, Stanley V. Richards ~ii~'of Apple Construction Company, Inc./Orchard Homes, Inc., representing William and Tara Sparacio, requesting an after-the-fact variance of 1.44 feet from the required 30-foot side yard setback to 28.56 feet for property located at 991 17th street S.W., further described as Tract 106, Golden Gate Estates Unit 194, in Section 18, Township 49 South, Range 27 East. 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 spokesman 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 ~naterials 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 to be based. BOARD OF COb?~TY COMMISSIOI~ERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOM~/q DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) March 8, 1999 William and Tara Sparacio 1400 Pompei Lane ~3 Naples, FL 34103 Public Hearin9 :o Consider Petition V-99-02 Dear Petitioner: :~'PleaSe be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April t3, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure March 8, 1999 Mr. Stanley V. Richards Apple Construction Company, Inc. Orchard Homes, Inc. 2033 Trade Center Way Naples, FL 34109 Public Hearing to Consider Petition V-99-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION NO. 99- 201 RELATING TO PETITION NUMBER V.99-2, FOR A VARIANCE ON PROPERTY tIEREINAFTER DESCRIBED IN COLI.IF.R COUNTY, FLORIDA, \VI I[:.REAS, the Legislature of thc Stale of Florida in Chapter 125, Florida Slatutcs, has conferred on all counties in Florida thc power Io cslablish, coordinate and caf)rfc toning and such business regulations as arc ncccssa%' lbr thc protection of thc public; mid WI IEREAS. thc ('~tHlly pursuant thereto has adopted a iand I)cvclopmcnt (Ordinance N~. ~)1-1(~2) which establishes regulations [bt thc zoning of parlicular gco?aphic divisions of ibc County. among xx hich is thc granling of variances; and WI {IiREAS. lbo Board of Zoning Appeals, hcmg the duly elected conslltulcd Board of thc area hereby affected, has held a public hearing after notice as in said rcgulalions made provided, and has considered the advisability of a 1.44-[ool variance from tl~e required side yard setback of 30 feet to 28.56 feet a~ shown on the attached plot plan. Exhibit "A", in an "Estales" Zone for the property hereinafter described, and has found as a mailer of facl that satisfacloO' provision and a=angemenl have been made concerning all applicahle maUcrs required by said regulations and in accordance with Section 2.7.5 of the Zoning Reguhnions of said Land Development Code for the uninco~orated area of Collier County; and WItEREAS, all interested panics have been given opportunity lo hc heard by Board in public meeting assembled, and the Board having considered all mauers presented; NOW TItEREFORE BE IT RESOi,VED BY TIlE BOARD OF ZONING APPI!AI,S oFCollicr County. HoNda, that: The Pclition V-09-2 filed by Stanley V. Richards of Apple Construcli~m. Inc.. representing William & Tara Sparacio. with respect Io Ihe propcmy hcrcinahcr described The south ISO feel of Tract 1~16. Goklen Gate Estates. l:nit No. 194 as recorded in Plat Book 7. page 101 of lhe Pnblic Records of ('otlicr (7ounly, Florida. be and thc same hereby is approved for a 1.44-foot variance From thc required side yard setback of 30 feet to 28.56 feet as shown on Iht atlached plot plan. Exhibit "A". of iht listatcs Zoning Districl wherein said property is located, subjecl Io the follo~ving condilions: This variance shall only apply to the structures identified on thc :tttached plot plan I Exhibit -1- BF. IT RF. SOI.VF.D Ihat this Resolution relating lo l)etilion Numhcr V-OO.2 bc rccordcd in ~,l~c rnh;utcs of this Board. Thi~ I,tcs(}lution adoptcd after molion, sccond and majori',> vote. ATTEST: DWIGHT E. BROCK, Clerk m to Form and Legal Sufficiency: BOARD OF ZONING APPEALS COI.LIER COUNTY. FLOIL1DA Marjofle M. Student Assistant Go'drily Attomcy g %'-'~)-2 RI .%¢)|.1~1 ION -2- r CGuHr'¢ OF' COL~J~) 92.2' 17TH. $~T $.W., 60' ROAD EASEMENT ' V 99-02 Naples DaiLy Hews NapLes, FL Affidavit of UapLe$ Daily News REFERENCE: 001230 #912501 S7853235 91-102/PUD-98-19 NOT State of FLorida C~ty of Collier kfore the ~erttgn~ aut~rSty, personify ~ar~ B, Le~, ~ ~ gth ~ays that she lervet ~.~ Il t~ Asstitent Cor~ra~e Secretary of the -~ Daily N~I, I daily n~s~per ~b[ish~ at Heptet, '~: ~ CotLJer C~ty, FLorida: that the attach~ C~ of ~vertJs1~ vas ~b~Jsh~ tn said ~s~r ~ dates ~ Affect further says t~t the said Haptes ~ ' N~I Js I n~s~r ~bL~lh~ at N~p[el, ~n n~s~r ~s heretofore ~en c~t~n~s~y ~$~h~ tn said Co~$e~ C~ty, F~or~da, each ~y i~ ~S ~ ~ter~ as sec~ crass ~tten at the ~st off fca ~n Haptes, ?n sa~d CoLLier C~ty, FLorida, for a ~rt~ of 1 ~xt prec~t~ the first ~bLica~?~ of t~e ~ttach~ C~ of ~ertisement; a~ affiant furt~r says that the has norther ~id nor pr~t~ any ~rs~, f~rm or co~ratf~ any alimet, r~te, c~iss~ o~ refu~ for the ~se of secur?~ this ~vertise~nt for P',.~LISHED ON: 03/28 91. I01/PUO-~- 19 TO CON~O~R ~ ~ o C~ ~- ~. T~ ~ w~ AREA O~ COLLIER E~ECT~ DAT~ ~[~ ~:~i% '"~-~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk lo Ihe Board: Please I)lacc Ibc followin~ as a: XXX Normal legal Advcniscmcnt (Display Ad','., location, crc.) [] OIber' Originaling Dept/Div: Comm. Dev. Sen'.tPlanning Person: Petition No. (If none. gwc brief dcscnpuon): PUD-gg-19 Pclition¢r: (Name & Addrcssk Boxne South U.S A IglOO Royal Tree Parkx~ax~l~F):' ~4114 Name & Address ofany ~rson(s) ~o ~ notified by Clerk's O~cc: (IF more space needed, allach separate sheet) R~~ ~~~fll Na les FL34102 is ~ H~dng ~fore X~X BCC BZ~ . Other ?~ R~ues~ed H~dng date: Ba~d on adveni~ment aphid "~a),s ~fore bearing Nex~s~r(s) to ~ u~d: (Complele only if implant): X~X Naples Daily News Other ~ I.cgally Required Pro~d Texl: (Include legal description & co,ninon l~ation & Size: Petition No~gR-I 9 Roan L. Duane AICP &Hole Montes and Ass~iatcs Inc. re resenfin Borne Sot th U S A re ucsl n a rezone from RSF-~ C C-3 and A Io 'PUD" Planned ~iJamilv dwell n . ' ~ ro m'~ae n ne m ide f .41Easl~ ro~le~Hcschsl fC.R. 951 in Section 20 Toxvnshi 51 otHh Ran e27Easl ColHerCountv Florida conlaini~?42.35 lusormim~s~cres. Companion ~tiuon(s). if any & pro~sed hearing dale s.~tifion Fee include ~dvenis,ing cost? ~~ ~~ ~o /o ~ .q ~ ~ 2 ~ xo )~ v~s..).. :~cco.~ sho.~ ~ cha~cO for a,~,'cms,~g costs: x ~ "i " County Manager Dale List Almcbments: .DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initialing person to complcle one coy and obtain Division llead approv.',l before submiltlng to Counly Manager. Note: If legal document is involved, be sore that for same. is submitted Io Counts' Attorney before submitting In Counlv Man:~gcr. an,,' necessary, le~.al review, or request cop:es: The Manager'.~ office will distribute [] County Manager al~enda file: to [] Requcslln~ Division [] Original Clerk's Office B. Oilier b~arings: Initiating Divis:on head to appro',e and subm:l original to Clerk's Office. retaining a cop)' for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~_-~,/~/,///,~_~_ Dalc of Public hearing: .~C/....//4/~/~.~) Dale Advcrl,s~d: ORDINANCE NO. 99. AN ORDINANCE AMENDING ORDINANCE N'U.'MBER 91-102 THE COLLIER COL,'NTY LAND DEVELOPMENT CODE WtlICtt INCLUDES THE COMPKEHENSIVE ZONING REGULATIONS FOR TIlE L.'NINCORPORATED AREA OF COLLIER COL~'TY. FLORIDA BY AMENDING THE OFFICIAl. ZONING ATLAS MAPS NUMBERED 1720N and 1720S: BY CllANGING Tt[E ZONING CLASSIFICATION OF TIiE HEREIN DESCRIBED REAL PROPERTY FROM RSF.3. GC, C-3 AND "A" TO "PUD" PLANWED L,~IT DEVELOPMENT KNO~, ,'N AS BOY'NE SOUTH FOR A MAXIMUM OF 154 SINGLE FAMILY AND MULTI-FAMILY DWtiLLING UNrrs, A 66 UNIT MOTEL, GOLF COURSE, CLUB. HOUSE AND DRIVING RANGE, LOCATED ON THE SOUTH SIDE OF U.S. 4 I EAST, APPROXLMATELY 5 MILES EAST OF C.R. 951. IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUN'Pt', FLORIDA, CONSISTING OF 242.35-,- ACRES; AND BY PROVIDING AN EFFECTIVE DA"I'E. WHEREAS. Robert L. Duane, AICP. of Hole. Montes and Associates. Inc.. representing Bosme South USA.. petmoned the Board of County Comm~ssmners to change thc zoning classd~catmn of the hcrc~n described real properw NOW. TIIEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County Florida: ~ ECTION ONE: The zoning classlficanon of the here,n described real property located :n Section 20. Township 51 South. Range 27 East. Collier County, Florida, is changed from RSF-3, GC, C-3 and "A" to "PUD" Planned Umt Development ,n accordance with thc Bo)nc South PUD Document, attached hereto as Exhibit "A" and ,ncorporated by reference herein. The Official Zoning Atlas Map,, numbered 17201'4 and 1720S, as described in Ordinance Number 91-I02, the Collier County Land Development Code, are hereby amended accordingly. .S. ECTIoN TWO: This Ordinance shall become effective upon filing w~th the Department of State. PASSED AND DULY ADOPTED by the Board of County Con'umssioners of Collier County. Florida. th~s da,,. of . __, 1999. BOARD OF COU'NT'Y COMMISSIONERS COLLIER COU,'N'I'Y. FLORIDA ATTEST: DWIGHT E. BROCK. Clerk PANIELA S. MAC'KIE. CttAIRWOMAN · '7 Approved a~ to Form ',, :' : and Legal Sufficiency 0\ ~" Marjone M. Student A~i~tant County Attorney g~ PUD-~-I '7 ORD rNANCE/ 1 THE BOYNE SOUTH PLANNED UNIT DEVELOPMENT Exhibit A Prepared by: ltole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 (941) 262 4617 HMA File No. 98.32 March 1999 PUD98-19 TABLE OFCONTENTS SECTION I SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 · SECTION 8 SECTION 9 SECTION 10 Statement of Compliance Project Ov;nership. Legal Description. Short Title and Statement of Unified Control Statement of Intent (ieneral Development Regulations Permitted L'ses & Dimensional Standards for Residential l)cvclopmcnt Permitted Uses and Dimensional Standards for Commercial Development Permitted Uses and Dimensional Requirements for Golf Course and Golf Driving Range Environmental Requirements Transportation Requirements Utility and Engineering Requirements EXIIIBITS Exhibit A Exhibit B Conceptual PUD Master Plan Legal Description SECTION I STATEMENT OF COMPLIANCE The development of approximately 242.35 acres of property in Collier County. as a Planned [:nit Development. to be known as Boync South. will be in compliance with thc goals, objectives, and policies or' Collier Count.,.'. as set tbrth in the Growth Management Plan. The residential and commercial facilities of Boyne South will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements o[' thc Growth Management Plan for the following reasons: The subject property is within the Agriculture/Rural Area I.and Use Designation tls idcntiticd on the Future I.and Use Map as required in Objective 1. and Policy 5. I of thc Future Imnd Use Element. The rcsidcmial zoning on thc subject property at tile time oF application for rczoning has been lbund to bc consistent with the County's Rczoning Evaluation Program and Policy 3. I K of thc Collier County Growth Management Plan. based on improvements in place to thc propcmy, at that time. The C-3 Commercial zoning on the .subject property at thc time of this application for rezoning was granted an exemption in 1998 from the County's Rczoning Evaluation Program based on off-site improvements conveyed to Collier County. Thcrclbrc. commercial uses proposed at tile time of rezoning may be found consistent with the Future I.and Usc [ilcment. 4. Thc proposed conversion or'commercial zoning to residential multi-lilmily and thc transfer of multi-family land uses to previously zoned RSF-3 uses in the proposed PUD may be found consistent with the FLUE EAR Amendments but not .,,'ct legally effective at the time adoption of this Ordinance. This is because proposed changes to Policy 5.1 of thc Future Land Use Element allow changes to existing zoning not in ~he form of PUDs. provided they · result in a reduction of development intensity. : Therefore. changes to the existing zoning as proposed that reduce development intensity may be found consistent with the proposed (FLUE EAR Amendments). o The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density Ets required in Objective 2 oi' the Future Land Usc F. lement. 6. The project development is compatible and complementau' to existing and future surrounding land uses as required in Policy 5.4 of the Future Land [./se F. Icment. 7. Improvements arc planned to be in compliance v;ith applicable land development regulations as set tbnh in Objective 3 of the Future [.and Use Element. W:~IgOS\I998032',RLD\I STPUDWUD do~ 8. The project development ,.,.'ill result in an efficient and economical extension of community facilities and sen'ices as required in Policies 3.1At and L of the Future Land Use Element. The project is compatible with adjacent land uses through the internal arrangements of structures, thc placement or' land usc buffers and tile proposed development standards contained herein. 10. All final local Development Orders for this project arc subject to tile Collier County Concurrency Management System as implemented by the Adequate Public Facilitics Ordinance. (Division 3.15 of the LDC). W:\1998\1998032\RL D',I STPUDx, PUD.doc 2.2 2.3 2.4 2.5 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION SttORT TITLE AND STATEMENT OF UNIFIED CONTROL Property Ownership Tim subject property is under the ownership of Boync South. U.S.A. I.e~zal Description See Exhibit "B". Short Title '['his ordinance shall be known and cited as the "13ovnc South Planned Unit Development Ordinance". General Description of Propcrt?' The property is located approximately three miles east of County Road 951 and south of U.S. 41. The zoning of the property prior to thc rezoning to PUD was "A", Rural Agriculture with a Conditional use for a Golf Course driving range; RSF-3, Single Family; G.C., Golf Course and C-3, Commercial Intermediate District. The project is developed with a series of stormwater retention lakes with interconnecting swales and pipes. Stormwater flows from north to south where stormwater finally discharges from the two southernmost lakes through two water control structures into a spreader waterway along the south side of the project. The project's water management system also intercepts waters that drain t¥om U.S. 41 and lands to the north. These waters flow through the project's water management system. Statement of Unified Control It is the intent of Boyne South U.S.A. to establish a Planned Unit l)cvclopmcnt on 242.35 acres in Section 20, Township 51 South, Range 27 East. Collier County. Florida. The subject property, as depicted on thc PUD Master Plan. is under unified control and ownership for the purpose of obtaining PUD zoning. W:~.1998X 1998032~,LD',1STPUD~ UD.do~ SECTION II! STATEMENT OF INTENT 3.1 3.2 3.3 Introduction It is the intent of the developer to establish a Planned Unit I)evelopmcnt mcctin~ the requirements as set lbnh in thc Collier County t.and Development ('ode ¢I.l)Ck The pu~ose of this document is to set lk)rth guidelines Ibr thc I'ulurc development of the project that meet accepted planning principles and practices. and to implement the Collier County Growth Management Plan. Pro. ject Description The project is comprised of 242.35 acres and is located on the south side of the East Tamiami Trail (U.S. 41) in Section 20, Township 51 South. Range 27 East. The Planned Unit Development will include a golf driving range that is existing on the west side of the entrance into the project and a motel that is proposed to be developed on the east side of thc entrance into the project. The project further includes an existing golf course, a water management system comprised of a series of lakes, a club house, and residential tracts, which will include both single and multi-family land uses, as depicted on Exhibit A. the PUI) Master Plan. Because of the pattern of ownership existing at the time of thc application tbr this Planned Unit Development. some existing single family lots fronting on thc golf course and on adjacent properties are not contained within this l'lanncd Unit Development and will retain their existing RSF-3 zoning designation as illustrated on tile PUD Nlaster Plan. [.and Use Plan and Project l'hasinu The PUl) Master Plan contains a total of six {6) development tracts consisting of the golf course, and development areas lbr single, multi- family and commercial use. including road right-of-way. The Master I'lan is designed to be flexible v,'ith the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDC and local, state and federal permitting requirements. Tracts ma.',' be combined tlr developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configurations ,,viii be determined during the Preliminary Subdivision Plat review process. ]'he anticipated time of build-out of the project is approximately six years from the time of issuance of the first building permit. 998\ 1908032'RI.D', I SI PUO',PUD doc SECTION IV (;ENERAL I)EVEIA)I~MENT RE(;UI~ATIONS The purpose of this Section is to set forth thc development regulations to be applied to thc development and usc of the Boync South Planned Unit Development and Master Plan. 4. I General Regulations lbr development of the Borne Sc, ulh PUD shall bc in accordance xvifl~ thc contents of this document. Ibc PU1)-Planncd Unit l)cvelopmcm District and other applicable sections and parts of the Collier County l.and l)cvclopmcnt Code (I.DC) and Grox~ah Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall Ibllow the PUl) Master Plan and thc regulations of this I'UI) as adopted and any other conditions or modifications as may be agreed lo in thc rczoning of thc property. In addition, any successor in title or assignee is subject to thc commim~ents within this agreement. [.'nlcss othcrx,.ise noted, the delinitions of all terms shall be the same as thc definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions tbr thc development of the Boyne South PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development pertained by tile approval of ti'tis petition ,,viii be sub. jcct to a concurrencv review under the provisions of Div. 3.15. Adequate Public l:acilitics. of the LDC at the earliest or next to occur of either linal SDP approval, tinal plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or xvaiver provisio, s from any other applicable regulations, tile provisions of lhose regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clcarinu and l)rainauc Clearing. grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of' construction plan approval. W 51998\ 1998032',RLD\ I STPU D'.PU D doc 4,3 4.4 4.5 4.6 Easements for Utilities Easements. xvhcre required, shall be provided for water management areas, utilities and other purposes as may be required bv Collier County. All ncccssar?.' casements, dedications or other instruments shall be granted to ensure thc continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at thc time construction plans and plat approvals arc requested. Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section ,.7..~.5 of the Collier County [.DC. ?reject Plan Approval Requirements Attachment "A". PUD Master Plan, constitutes thc required PUD Development Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set tbrth in Section 3.2 of the LDC. Prior to recording of the Final Subdivision Plat when required by the subdivision regulations set lbrth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with thc PUD Master Plan. the County subdivision regulations and the platting laws of thc State of Florida. Prior to thc issuance ot'a building permit or other development or&rs, the provisions of Section 3.3. Site Development Plans of the LDC. shall be applied to all platted parcels. ,.,.'here applicable. Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management frcilities or to otherwise develop water bodies is hereby permitted. 1t: after consideration of fill activities on buildable portions of the project site. there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: Ao Excavation activities shall comply with the definition of a "Development Exca atton pursuant to Section 3.5,5.1.3 of the LDC, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20.000 cubic yards. W:\ 1908\ 1998032',RLD', I STPU D\PU D doc 4.7 4.8 4.9 4.10 · I3. tX schedule to facilitate said removal shall be submitted to the Development Se~'ices' Manager tbr approval. Said schedule shall include the length of time it ,,,,'ill take to complete said removal, hours of operation and haul routes. C. Ail other provisions of Section 3.5 ofthe LDC are applicable. Sunset and Monitorinz Provisions Thc Boync South PUI) shall be subject to Section 2.7.3.4 of thc Iol)C. Time I.imits for Approved PUD Master Plans. and Section 2.7.3.6. Nlonitoring Requirements. Pollin~ Places Any comrnunity recreation/public building/public room or similar common facility located within thc Boyne South PUD may be used for a polling place, il' determined necessary by the Supervisor of Elections in accordance with Section 2.6.30 of thc IA)C. Native Ve~,etation Retention Requirements Pursuant to Section 3.9.5.5.3 of the LDC, twenty-five (25) percent of the native vegetation shall be preserved where applicable. Common ,',,rea Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the homeowners' association, together with any applicable permits and conditions from applicable local, state, or federal permitting agencies. 4.11 Landscaping Requirements All landscaping requirements, buffers, walls, and bcrms, shall bc developed conformance with the requirements of Division 2.4 of thc Collier County I.DC pertaining to landscaping and buffering. Qpgn Space and Common .Areas Open spaces shall be provided as required by Section ..6..~'~ of the I.I)C. 4.13 Signs As provided for within Section 2.5 and 2.8 ofthe Collier County LDC. W :51998\ 1991i032LRLD', I S'rPU D\PUD.dca: 4.14 Architectural and Site Design Standards 4.15 All commercial structures on Tract "B" shall be developed in contbrmance with the requirements of Division 2.8 of the LDC. Archaeol°gacal R.~s9urces :;; :i' ;i~ .per~i.shall ecl to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in'the event they are contained on the property. 4.16 Parking All parking shall bc in confom~ance with Division 2.3, Off-street Parking and Loading, of the LDC. · W:[1998[ t 998032~LD\ I STPUD~UD.dOc J!~ : SECTION V PERMITTEI) USES & DIMENSIONAL STANI)ARI)S FOR RESIDENTIAL DEVELOPMENT. TbUkCTS D AND E 5.1 5.2 5.3 Purpose The purpose of this section is to identify' the permitted uses and development standards for areas within Boync South designated lk~r residential development on the PUl) blaster Plan. Residential Development Intensity currently consistent with the 1989 (;rowth biana.eement Plan A maximum of one hundred twenty-seven (127) single-thmily dwelling units arc permitted to be developed on the subject property. Residential Development Intensity consistent xvith the Proposed 97-67 (I:IAJ[:. liAR Amendments) At the time or after the FLUE EAR Amendments become legally effective, twentv-scvcn (27) dwelling units shall be transferred from Tract "B" (the commercial area) from 2.69 acres at a density of ten (10) dwelling units per acre onto Tract "D". which is the area designated for multi-family development on the PUD Master Plan. Exhibit A. A total: therefore, of one-hundred fifty-four (154) dv,'elling units will be permitted for the subject property upon the legal adoption of the FLUE EAR Amendments. (Sec also Section VI of this PUD ordinance). 5.4 General Description Thc PUD blaster Plan designates the tbllowing uses tbr each tract designated on the PUI) Master Plan. IlL.\CT USE ACRES A Driving Range 17.86 B Commercial* 6,69 C Golf Course 155.80 D Multi-Family 24,77 E Single Family 25.83 R Right-of-Way 11.40 242.35 *See also Section VI or' this ordinance for permitted commercial uses, which will require 2.69 acres of the commercial area to remain in open space after density transfer. W:\I998\I998032\P&.D\I STPUD',PUD.doc The approximate acreage of residential tracts is depicted on tile lq/I) Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval or Preliminary Subdivision Plat approvals in accordance with Article 3. Division 3.3, and I)ivision 3.2 respectively, of the Collier Count.',' l,and Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.5 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used. or land used. itl whole or part. t'or other than the following: I. Principal Uses: (a) lc) (el Single Family l)etached Dwellings Zcro-l,ot l.inc l')wcllings Tx~o-t'amilv and Duplex Dwellings 'l'm~ nhousc l)xvcllings Nlutti-thmily Dwellings Any other housing type which is comparable in nature with thc li~rcgoing uses and which thc Development Services Director determines it) be compatible with residential rises. 2. Accessory [_;scs and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational lhcilitics. maintenance facilities and clubhouse. 5.6 l)cvclopmcnt Standards The t'olh,,ving 'Fable I sets {'orth the development standards for residential areas at such time as Ordinance 97-67 (I:I,UIL I:.AR ,,\mcndmcnts) becomes legally effective. Prior to thc legal effectiveness of the [:I,[,~F, EAR Amendments. thc standards of thc RSF-3 Zonirg l)istrict set fi,rrb in Section 2.2.4 of thc I,I)C shall apply to single-family residential, which shall be thc only type ot' residential structure permitted. TABLE ! DEVELOPMENT STANDARI)S F()R RESIDENTIAl, AREAS MULT1-FAMII.Y i PERMITTED USES AND STANDARDS DETACIIED Minimum Lot Areas ~ 6.!)00 S F Minimum I.ot I.'ti,nt Yard 'side Yard Rear Yard Pi'lncspal 21) .Ma.\:mum Building ~ 35 SINGLE FAMILY ZERO LOt IJNE 5 J~OO ~, F 50 ~ 0 or it) I TWO FAMILY & J TRACI',S f) AND F.. DUPLEX J TO¥,qq'l lOUSE 3..q~) 5;, [:" I 3'°~) N J. p,:r du ilor , .~r"~- nor : BII ~ ) 5 [)WELl.lNG 1511 ~ 25 Oor 5Bll l0 [ II¢i£ht [ "E~h half of a'duplex unR requires a lot aea i~tion of 3.~¢X) S.~ 'lot a Io~ mimmum lot ~ea ot 7.1~) ~ F ~;%limmum lot s~d~ may ~ ~duced ~ iO ~r¢~nl rot cul~e-~ Io~ pm~tdCd minimum Iol '"Whe~ thc zero (0) feet v~d option il uhlilcd, thc op~sl{'~ sma of~ s~cture sh~l'h~6"a' t~'~ ill) f~t s;dc ~ a~d /em I(I) Icct ll¢ ;srds may hc u~cd { on either side of a structure provided ~al the op~sile ten ( I(B fi~t ~ide 3 ard is provided ','-IHI - Braiding Ile~lht ' -- { "-Milt - Sum ~f' tlu;Iding Zero-Lot Line dy;oilings are identified separately from single family tlctachcd dwellings with conventional side yard requirements to distinguish these types for the purpose of applying the development standards under Table l. Zcro-l.ot I,ine dwelling shall be delined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, which conforms to the requirements of Collier County [.and Development Code. Article 2. l)ivision 2.6.27. Thc lirst dwelling unit constructed in a series of zero lot linc developments shall establish the zero lot line side lbr that tract or series of'zero lot line dwellings. o Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape butters. Setbacks shall be measured from the legal boundary, or'thc lot and arc inclusive of casements with the exception of easements that comprise it road right-of-way. W:\1998\1998032\Rl.L)\I STPUDWUD.doc SEC'FION Vi I'ERMITTEI) USES AND I)IMENSIONAL STANI)ARI)S FOR CO,MM ERCIAI. o DEVEI. OPMENT AND OPEN SPACEIRECREATI()N DEVELOPMENT FOR TRACT B Thc purpose {ll' this Section is to set Ibrth the permitted uses and development standards for l'ract "B". the area within thc Box'ne South PUD designated for commercial use and open space;recreation usc which comprises 6.69 acres. Upon or after tile legal effectiveness of the I:I.Ut': EAR amendments, up to 2.69 acres of Tract B shall be converted to residential use itt ten ( 10} dwelling traits per acre. with the ability to transfer residential units to '['ract "I)" designated for muhi-fanfily use on tile PUl) Master Plan after the transfer, thc remaining 2.69 acres shall be pcm~itted to be developed with open space and recreational uses. (,. 1 Permitted Principal t;ses and Ntructures and l)evclopmen~ lnlensitv currently consistent 6.2 6.3 ',,,'ith tile I~),~0 Collier L'ountv (lrmvth Management Plan building or slructure or part thcreol: shall be erected, altered, or used. or land or water used. in whole or part. othcr than the following: All of tile permitted uses in thc C-3 Zoning District of thc LI)C that arc itl effect on the date of approval of this PUD. are permitted for Tract "B" until such time as Ordinance 97-67 (FLUE EAR Amendments) become legally effective. Permitted Principal Uses and Structures and l)evclopment Intensity F'crrnitted upon le~ effectiveness of FLUF. EAR Amendments Thc only permitted commercial use for Tract "IY' is for hotel or motel use on l'~mr (4.0) acres with n maximum density of sixteen (16) units per acre or sixty-four (64) motel or hotel units upon the legal eff'ectiveness of the FI.U[': I:.AR Amendments. The balance of Tract "I½" remaining after the development of the hotel or motel usc on four (4) acres and aRer the translbr of residential density from 2.60 acres, shall bc permitted to be developed with open space and recreational uses. such as tennis courts, swimming pools, and other recreational amenities t~ serve thc motel or hotel and other planned residential uses. Permitted Accessory Uses and Structures t;scs and structures that arc acccssory and incidental to C-3 uses pursuant to Section 6.1 above, or the permitted hotel or motel use pursuant to Section 6.2 above, including open space and recreational amenities, such as pools, tennis courts, anti play areas arc permitted, W :\ I t~Ig'~1998032'~1.DX I STP UD\PUD.do~: 6.5 Dimension:ti Standards for l'crmittcd ['.scs Thc follov, ing requirements set forth the development standards for thc commercial area at such time as {,~rdinancc 97-67 II:t. UE EAR Amendments) becomes legally effective, Prior to the legal effectiveness of the FLUE EAR Amendments, the standards of the C-3 Zoning district, set forth in Section 2.2.14 Ofthe LDC shall apply. Minimum lot area: One-hair'(l/2) acre. Minimum lot width: One hundred (100) feet. ,',,linimum yard requirements: a. Front yard: twenty-five {25) feet. b. Side yard: fifteen (15) feet. c. Rear yard: twenty-five (25) feet. d. ,,\ny yard abutting a residential parcel: twenty-rive (251 l'ect. 4. *laximum height: Thirty-five (35} feet. _.6.~. {~l' the l)imcnsional Standards for :\cccssory [:scs shall be as required in Section" I.I)C. W:\1998\ 19980~12'hO, LD\ 1STPUD' PUD.doc SECTION VII PERMITTED USES AND DIMENSIONAl. REQUIREMENTS FOR GOLF COURSE AND GOLF DRIVING RANGE, TRACTS A AND C 7.1 7.2 Purpose The purpose of this Section is to set lbrth the regulations for the areas designated as (iolf Course, Tract C. and comprising 155.80 acres, and for the Golf Driving Range, Tract A, comprising 17.86 acres, both or' xvhich are designated on thc PUl) Master l'lan, Exhibit A. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf Course. Tract C Golf Driving Range, Tract A B. Permitted Accessory Uses and Structures Pro shops with equipment sales up to 1.000 square feet in size: restaurants with a seating capacity of 150 seats or less and shall serve patrons no later than I0:00 P.M. intended to exclusively sen'c patrons of the golf course and other permitted recreational thcilitics. Recreational facilities that serve as an integral part of the permitted use, including but not limited to clubhouse community center building, practice driving range, shuffleboard courts, swimmin3 pools and tennis facilities, snack shops and restrooms. 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. Roads, pathways, accessory uses and structures customarily associated with the permitted use. including but not limited to utility structures, water management facilities, maintenance shops and equipment storage facilities and non-commercial plant nurseries. W:\ 1998M 995032\RLD', I STPUD',PUD doc 7.3 property Development Regulations A. General Requirements a) b) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. Maximum Height of Structures Two (2) stories, or thirLv-five feet. I tours of Operation The driving range shall be operated during daytime hours only. W:\ 199g 1998032'd~J.D~ I STPUI~UD.do*, SECTION VIII ENVII;~ONMENTAL STANI)AI~I)S ]'he purpose of this Section is to set lbrth the environmental commitments of the project developer. 8.1 I'hc developer shall be subject ~o all environmental ordinances in effect al the time of site development plan or subdivision approval. Native vegetation prcscn'ation shall be subject It) the requirements of Section 3.9.5.5.3 of thc I.I)C. and all other pertinent requirements of Division 3.{L Vegetation Removal. Protection and Preservation. of thc I.DC. 8.3 8.4 The developer shall obtain and submit documentation of all necessary local, state, and federal permits at the time development orders are requested. The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to historic~,l and archaeological resources in the event the.,,' are contained on the property. W:', 19'-)8~ 199gt~32',RI.D, I STPUD\PUD.doc SECTION IX TRANSPOI~,TATION I~,EQUIREMENTS Thc purpose of this Section is to set lbrth the transportation commitments of the project developer. 9.1 9.2 9.3 9.4 9.5 9.6 Thc developer shall provide arterial street lighting at the project entrance. Said improvement shall be in place prior to the issuance o f an.',' Certificate o f Occupancy. Thc road impact fee shall be as set forth in Ordinance 92-22, as amended, and shall bc paid at the time building permits are issued, unless otherv,'isc approved by the Collier County Board of County Commissioners. Internal access improvements shall not be subject to impact fcc credits. All traffic control devices uscd shall contbrm to thc Manual m~ I'nifi)rm Traflic ('ontrol l)cviccs as required bv Chapter 316.0745. Florida Statutes. Access to the commercial Tract B shall be from the internal access mad into thc projccl only as depicted on the PUD Master Plan. Two access points shall be permitted onto U.S. 41 as depicted on thc PUD Master Plan. one of which is presently existing and serves as the main project entrance and thc other is proposed to be located along the east property line subject to FDOT approval. W:~I998\I998032\RLD~ISTP ,",; ECTION X UTILITY ANI) ENGINEERIN(; REQUII;~EMENTS The purpose of this Section is to set lbrth the utilities and engineering commitments of tile project developer. 10.1 t.:tilities ~,;ex,,'cr and water service shall be providecl by (.'oilier £;ountv. ..\11 pertinent requirements pertaining to thc extension and constructio~l of water dislributitm and sewage collection facilities shall be met. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed. conveyed, owned and maintained in accordance xvith Collier County ()rdinancc No. 88-76. as amendcd, and other applicable County rules and regulations. Co All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with tile County's established rates. Should the County not be in a position to provide water and/or sewer service, customers shall bc customers of the interim utility established to serve the project until the County's otT-sitc water and/or sewer facilities are available to serve the project. I). Appropriate easements for an.,.' project internal water improvements shall bc documented on the construction plans and shall be dedicated to the ('oilier C,)u,aty \Vatcr-Sewcr District. Construction drawings, technical spccitScations and all pertinent design information shall be submitted in accordance with Collier County Ordinance 98-53 or amendments made thereto and shall be approved prior to thc issuance of development construction approval. 10.2 [:.._Engineering Detailed paving, grading, site drainage and utility plans shall be submitted to tile Development Sen'ices Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Serviccs Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier Count.,,' I.DC. W :~ 1998\ 1998032\RI.DX 1STPU D\P U D doc l). Subdivision of the site shall require platting in accordance with Section 3.2 {~I' thc [.DC to define thc right-of-way and tracts shown on thc PUD Master Plan. The developer, its successions and assigns, shall be required to satisfy the requirements of all Count.',' ordinanccs or codes in cffcct prior to or concurrent with any subsequent develop.m.ent. Order relating to this site. including but not limited io Preliminary Subdihs~°n PlatS~'~$it~: DevelOpment Plans and any other application that will result in the issuance ora final development order. Thc Developer. its successors and/or assigns agrees to provide Ibr water management rc¥iew and approval as agreed upon between county stat't' and South Fh~rida \\'atcr Management l)istrict stat't: 998\I 998032\RLD\ I STPUD~UD.doe PreserWng =nd enhancing Florida's quality ol life since I966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS P!..ANNERS SURVEYORS HMA PROJECT #98.32 2/11/99 PROPERTY DESCRIPTION A PORTION OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18, AND A PORTION OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72. ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF TRACT A OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TRACT C OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LESS PARCELS C, D, E, F, G, H, K AND L OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LOTS 31 THROUGH 38, BLOCK E, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LESS PARCELS C, D, E, F, G AND H OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 60 THROUGH 132, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 1 THROUGH 52, BLOCK G, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD LYING NORTHEASTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF LOT 1, BLOCK B, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL TREE PARKWAY LYING SOUTHEASTERLY OF THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY BOUNDARY OF LOT 23, BLOCK C, OF SAID ROYAL PALM GOLF ESTATES UNiT ONE; ALL OF THE 100.00' DRAINAGE RIGHT-OF-WAY LOCATED ADJACENT TO THE SOUTHERLY BOUNDARY OF BLOCK A OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LYING NORTHERLY OF THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF PARCEL N OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF MAIN DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF LAKE HAMMOCK DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF IRENE DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; AND ALL OF ENSENADA DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE. AND PARCELS A, B. J, P, AND R OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 / ' ' //'7')- THOMAS j. G-^ R s P.L.S. # 3741 STATE OF FLORIDA TO:, PAM P~RRKM, ~{]~: NAPLES DAILY NEWS FA'~ ~: 2~:~-4,79,3 ELLIE HOFFMAN PHOHE ~O: (9~1.} 77~-8~06 March 12, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-19 Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and kindly send the Affidavit of Publication, in duplicate, toge=her with chargesi~involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 March 12, 1999 Boyne South U.S.A. 18100 Royal Tree Parkway Naples, FL 34114 Re: Notice of Public }{earing to Consider Petition PUD-98-19 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure March 12, 1999 Robert L. Duane, AICP Hole, Mcntes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Re: Notice of Public Hearing to Consider Petit~Dn PUD-98-19 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 28, 1999.. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APR.!L 13L__1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1720N AND 1720S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3, GC, C-3 ~D "A" TO "PUD" PLANNED ~.;IT DEVELOPMENT ¥~OWN AS BOYNE SOUTH FOR A MAJfIMUM OF 154 SINGLE F~.~ILY A2~D MULTI-F~MILY DWELLING UNITS, A 66 UNIT MOTEL, GOLF COURSE, CLUBHOUSE AND DRIVING RANGE, LOCATED ON THE SOUTH SIDE OF U.S. 41 EAST, APPROXIMATELY 5 MILES EAST OF C.R. 951, IN SECTION 20, TO~SHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 242.35± ACRES; ~D BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-19, Robert L. Duane, AiCP, of Hole, Montes and Associates, Inc., representing Boyne South U.S.A., requesting a rezone from RSF-3, GC, C-3 and A to "PUD" Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk tc 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 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. An}' 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, CHAIRWOMA/~ DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy ~le~ (SEAL ¢)ld)i.','AX('h X(), O~- 2~ AN ()RIHN.-\N('li AMI(NI)IN(; cW, I)INAN('I:, Nt;.',II~,I:.R ql.ll12 Illli ('()I :N'I'Y I.AXI) DIiVI[I,OILM [:~X F ('r)l)F. WIIICI[ INCI.I 'l)liS TIIli ('OMPRF, II[[NSIVF, ZONING RI{GUI,A I IONS [:OR 1'111.~ trNINCORI:I)RA[1il) AREA OF COI,I,IER COUNTY. FLORIDA IW AMENDING Till! ZONING ATI,AS MAPS NU,MBERI£D i?20N and I?~OS; IIY CI1ANCHN(; ZONING CIoASSIFICATION OF TIll~ III~REIN DESCRIIll:D REAl, ?R()PI'~RTY FROM RSF-.~, GC, C-~ AND ~A" TO *PUD~ PLAN,~ED UNIT KNO\\','N AS BO~ :'NE SOUTI! FOR A MAXIMU,M OF I$,1 SINGI.E FAMII,Y AND MULTI-FAMII,Y DWEI,I, ING UNITS. A 66 UNIt MOTEl,. G¢)I.F ('OYRSE. CIA · tlOUS[:, AND DRIVING RANGE. LOCATf!I) ON 'rile $OL.'TII SIDE OF ILS. EAST. APPROXIMATELY 5 MILES EAST OF C.R. 9~1. IN SECTI()N 20, TOWNSIIIP .si SOUTII. RAN(il:, 2? EAST. COLI.IIiR C()UNI'Y. FI,ORII)A. CONSISTING OF 2,12.~$~ ACRES: AND BY PROVII)ING AN I:,FFF, CTIVI! I)ATE. \Vlllil,tl!,.\S, Robcrl 1.. [)uane, Al(T. of Ih'4¢. Mnrmlcs and Associak's, ]nc., ~cptescnhng IMync S~ulh rcat I~mpcrb'. NI ¢~v. I III:Id~I:LIRI: IIF I I ()RI)AINI~I) hv Ihe IMaM .f Ran~c 27 haq. ('olhcr ('-unb'. Florida, ~ chan~cd flora RSI:-). (iC. l)cxch~pmcnt m accordance ~ ~lh Ibc Bnyne Soulh I't;l) l)ocumenl, allachcd betel, as I:xh~b~l "A" and inco~p.ralcd by rcfcrcncc hereto. The Ot'fic~al ZoninF Alla~ Maps hUmOred 172ON and 1720S. a~ dcscrsbed in Ordinance Numbcr 91- 102. thc Colhcr Counly Land Dcvclopmcnl Code, arc hereby amended accordingly. SECIION l l.s Ordinance shall become efl~clive upon fihng Wilh ll~e Ilepatlmcnl P.,\.":,SI(I) AND l)l :I.Y .,\DOI'II:.D b.',., fl'~e Board ~:l'('ounl~; ¢'olrm'~lssioner~, :ff ('.lhc,~' ('l:unlv I'h~Hd;i lhl~, \ltl) ¢)F ~'()l NI ':' ('r }MMI';,.'-;I( Nll(S I1 I.II{t,t t'~ )1 'N 1Y. FIe )ltl[ )..\ l'AMlii A ,X ~:,\("~II:~ -l- THE IIO'V'NE SOUTH PLANNED UNIT DEVELOPMENT Exhibit A Prepared by: lIole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 (941) 262 4617 lIMA File No. 98.32 March 1999 PUD98-19 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION I0 TABLE OF CONTENTS Statement o£ Compliance Project O~w~ership, Lega! Description, Short Title and Statement of Unified Control Statement of Intent General Development Regulations Pemfitted Uses & Dimensional St~d~ds for Residential l)cvelopmcnt Pemfitted Uses and Dimensional St~d~ds for Commercial Development Permitted Uses m~d Dimensional Requirements for (;olfCourse and Golf DrMng Range Environmental Requirements Tr~spo~tion Requiremenm Utility and Engineering ReqUiremenm EXItlBITS F. xhibit A l'~xhibit F; Conceptual PUD Master Plan I,cgal Description SECTI()N 1 STATES1ENT OF COMI'I.,IANCE The development of approximately 242.35 acres of property itl Collier C(mnty, as a Planned Unit Development, to be known as Boyne South. will be in compliance with thc goals, otzjcctivcs, and policies of Collier County. as set forth in thc Growth Management Plan. '['hc residential and commercial facilities of Boyne South will be consistent with gro~xh policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of thc Grox~h Management Plan fi~r the following reasons: o The subject property is within the Agriculture/Rural Area Land Use l)esignation as idcntiticd on tile Future l,and Usc Map as required in Objective 1, and Policy 5. I of tile Future l,and Usc Element. 7. Tile residential zoning on tile subject property at the time of application for rezoning has been found to be consistent with the County's Rezoning Evaluation Program and I'olicy 3. I K of the Collier Count>' Growth /Vlanagement Plan, based on improvements in place to the property, at that time. The C-3 Commercial zoning on the subject property at the time of this application for rezoning was granted an exemption in 1998 from the County's Rezoning F. valuation Program based on off-site improvements conveyed Itl Collier County. 'l'hcrefi~re. commercial uses proposed at tire time of rezoning may be found consistent with thc Ft,turc l.and Use Element. Thc proposed conversion of commercial zoning to residential multi-fmnilv and thc translZ'r of multi-family land uses to previously zoned RSF-3 uses in the proposed ]qJl) may bc fmmd consistent with tile I:LUI/. EAR Amendments but not yet legally effective at tile time of adoption of this Ordinance. This is because proposed changes to l'olicy 5.1 of tile l:uturc I.and Usc F. lenient allow changes to existing zoning not in thc fi~rn~ of PUl)s, provided they result in a reduction of development intensity. Therefore, changes to tile existing zoning as proposed that reduce dcvcloNjlcnt intensity may bc found consistent with thc proposed (I:LtJF~ EAR Amendments). The subject property's location in relation to the existing or proposed comnnmity Ihcilities and services permits the development s residential density as required in Objective 2 of tire Future l,and Use Element. 'l'he project development is compatihle and complementary to existing and future surrounding land uses as required in Policy 5.4 of thc Future [,ami tJsc [:.lcmcnt. hnprovcmcnts arc planned to he in compliance with applicable land development rcgul:~tions as scl l;~rth in ()bjcctivc.3 of thc l"uturc l.and t.;sc l';Icment. W) 199X'.1998/~32'dl.l.l)q S 1 I't :l) I'1;11 do,; The project development will result in an efficient and economical extension of community facilities and services as required in I~oliciesB.1.H ~d L o£the Future Land Use Element. The project is compatible with adjacent uSes': 0ugh the internal arrangements of structures, the plficement of land use buffers and the proposed development standards contained herein. 10. All final local Development Orders for this project are subject to the Collier County Concurrency IManagement System as implemented by the Adequate Public Facilities Ordinance. (Division 3.15 of the LDC). W:\1998\1998032\RLI)\1S'1 I' SECTION 1I I'II. OPERTY OWNI£II. SIIII', LEGAL DESCI(IPTION SItORT TITLE AND STATEMENT OF UNIFIED CONTROl, 2.1 2.2 2.3 2.4 2.5 Property Ownership The subject property is under the ownership of Boyne South, U.S.A. Lcgal Description See Exhibit "B". Short Title This ordinance shall be known and cited as the "Boync South Planned lJnit Development Ordinance". General Description of Property The property is located approximately three miles east of County Road 951 and south of' U.S. 41. The zoning of the property prior to the rczoning to PUD was "A", Rural Agriculture with a Conditional use for a Golf Course driving range; RSF-3, Single Family; G.C.. Golf Course and C-3, Commercial Intermediate District. The project is developed with a series of stomfwater retention lakes with interconnecting sxvales and pipes. Stormwater flows from north to south where stormwater finally discharges from the two southernmost lakes through two water control structures into a spreader waterway along the south side of the project. The project's water management system also intercepts waters that drain from U.S. 41 and lands to the north. These waters flow through the project's water management system. Statement of Unified Control It is the intent of Boyne South U.S.A. to establish a Planned Unit l)cvclopment on 242.35 acres in Section 20, Township 51 South, Range 27 least, Collier County, Florida. The subject property, as depicted on the PUl) Master Plan, is under t,nilied control and ownership lbr the purpose of obtaining PUD zoning. W:U 998';,1998032\RI.D\I SrPlJI}~PUI}.do¢ SECTION III STATEMENT OF INTENT 3.1 3.2 Introduction It is the intent of thc dcvelol, cr to establish a Planned Unit Development meeting the requirements as set forth in the Collier Count>' l.and Development Code (LDC). The purpose of this document is to set forth guidelines for tide future development of tile project that meet accepted planning principles and practices, and to implement the Collier County Grovah Management Plan. t'roiect Description The project is comprised of 242.35 acres and is located on tide south side of tile East Tamiami Trail (U.S. 41) in Section 20, Township 51 South, Range 27 East. 'l'he Planned Unit l)evelopment will include a golf driving range that is existing on the ',,,'est side of tide entrance into the project and a motel that is proposed to be developed on the east side of the entrance into the project. The project furd~er includes an existing golf course, a water management system comprised of a series of lakes, a club house, and residential tracts, which will include both single and multi-family land uses, as depicted on Exhibit A, the PUD Master l'lan. Because of the pattern of ownership existing at the time of thc application for Ibis Phmned Unit Development. some existing single family lots fronting on thc golf course and on adjacent properties are not contained within this Plnnned tJnit Development and will retain their existing RSF-3 zoning designation as illustrated on tile PUl) Master Plan. I~and Use Plan and Project Phasing Thc I'UD Master Plan contains a total of six (6) development tracts consisting of thc golf course, and development areas tbr single, multi- l~m~ily and commercial usc. including road right-of'way. Thc Master Plan is designed to be tlcxiblc with thc placement of buildings, related utilities and water management t~cititics to be determined at thc time of site development plan and permitting approval, based on compliance xvitl~ all applicable requirements of dfis ordinance, Ibc I.I)C and local, slate and l~dcral permitting requirements. Tracts may be combined or developed separately subject to compliance with thc applicable dimensional requirements contained within this document. Final lot configuralions will be determined during Ihe I'relimina~ Subdivision Plat review process. The anticipalcd time of Imild-out of Iht project is approximately six (6) years from Iht time of isstl;mce t~l' thc tirst btlilditlg permit. W?, 199,~\ 109.~0 D 2',RI .D, I S'l PUD ,l't ~lJ doc ~I'XYFI()~ IV (;E~I'~RAI, I)EVI,~I,()i)MI,hNT I~i';(;ULATI()N~ The purpose of this Section is to set forth tile development regulations to be applied to development and use of the Boyne South Planned Unit Development and Master Plan. 4.1 General Regulations fi~r development of thc Boyne South P[JD shall be itl accordance with thc contents of this document, thc PUD-l~lanncd Unit Dcvclopmcnl District and other applicable sections and parts of thc Collier County Land I)evclopmcnt Code (LI)C) and Growlb Management Plan in effect at thc time of issuance of any 4c-vclopment order Io whigb sa~d regulations relate which authorize thc construction of improvements. The developer, his successor or assignee, shall Ibllow the PUD Master Plan and the regulations of this IUJD as adopted and any ~)ti~cr conditions or modifications as may be agreed to in lhc rex{ming of thc properly. In addition, any successor in title or assignee is subject to thc ommfitmcnts within this agreement. tJnlcss otherwise noted, thc dctinitions of all terms shall bc thc same as thc dellnitions set lbrth in the I.I)C in effect at thc lime of building pcrmil application. All conditions imposed and all graphic material presented depicting restrictim~s Ik)r the development of thc Boync South I'UD shall become part of thc regtflations that gm,'em tim manner in which this site ,nay be developed. I). l)¢vclopment permitted by tile approval of this petition will be st,bjcct to a concurrency review under thc provisions of Div. 3,15, Adequate l'ublic Facilities, of tile LDC at tile earliest or next to occur of'either final SDI' approval, final plat approval, or building permit issuance applicable to this development. lJnlcss specifically waived through any variance or waiver {m,visitms From any olhcr applicable rcguh~tions, thc provisi(,ns oF those rcg,,lations m)t ~thcrwisc provided for in this 1~[51) remain in full l'~rcc and effect. 4.2 ('lcaring, grading, carlhx,.'~rk, ami site drainage work shall bc pcrfiu'mcd in acc~)rdaucc with Ibc (~ollicr (jl~Ullty I,I)C and thc st;md;trtls ;uld con]mitmcnts ,~1' this document at Ibc lirlU~ (~l'c(mslructi~m plan appr,w;ll. ',V:% 199.v;, P~;St}32 R I I)x I ?, I I'ISD\I'IJD 4.4 4.5 4.6 o I';ascmcnts for Utilities Easements. where required, shall be provided for water management areas, ntilitics and other purposes as may be required by Collier County. All necessary casements, dedications or ()tiler instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in cl'l~ct at the time construction plans and plat approvals arc requested. Amendments to thc Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County I,DC. Project l'lan Appro'v. al Requirements Attachment "A". PUD Master Plan, constitutes the required PUD Development l'lan. All division of property and tile development of tile land shall be in compliance with the subdivision regulations set forth in Section 3.2 ofthe LDC. Prior to recording of tile Final SubdMsion Plat when required by tile subdivision regulations set forth in Section 3.2 of the LDC, final plans of tile required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, tile County subdivision regulations and thc platting laws of the State of Florida. Prior to thc issuance of a building permit or other development orders, thc provisions Section 3.3. Site Development Plans of the I.I)C, shall be applied to all platted parcels, where applicable. Provision for Off:site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of tile project site, there is a surplus of earthen material, off-site disposal is Mso hereby permitted subject to thc following conditions: F, xcavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of tile IA)C, xvhcreby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum ~1' 20,000 cubic yards. W ~,199~1\ 199,~q t2,R I.I), I.$1 Iq JI)\i'UD.do¢ 4.7 4.8 4.9 4.10 .,\ schedule to facilitate said removal shall bc submitted to the Devclt)pmcnt Services' Manager for approval. ,qt.i"l~ sc, l~e:lul¢ .;hall include the !:v, gth of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions ' The Boync South PUD shall bc subject to Section 2.7.3.4 of thc IA)C, Time l,imits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. Polline. ['laces Any community rccreatioiffpublic building/public room or similar common fimility located x~it,fin the..~o,,,ne. Somh PUD may be used for a polling place, if determined necessary, by the Supervisor of Elections in accordance with Section 2.6.30 of thc l,l)C. Native 'Ve~zetation Retention I{equirements Pursuant to Section 3.9.5.5.3 of the I,DC, twenty-five (25) percent of thc natix'c vegetation shall be preserved where applicable. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the homeowners' association, together with any applicable permits and conditions from applicable local, state, or federal permitting agencies. 4.11 l.andscaping Requirements Ail landscaping requirements, buffers, walls, and bcrms, shall be developed in conformance with the requirements of Division 2.4 of the Collier County LI)C pertaining to landscaping and buffering. 4.12 O__12cn .";.t2acc and Common Areas .shall bc pn)vidcd as required by Section '~ ( 'V~' ~.~).. ~ ot'thc 4.1.3 ~\s pro,.'idcd for within Scclion 2.5 and 2.8 of the Collier County I,I)C. 4.14 4.15 4.16 Architectural and Site Design Standards All commercial structures on Tract "B" shall be developed in conformance xvith the requirements ot~ Division 2.8 of the LDC. Archaeoloeical Resources The developer shall be subject to Section 2.2.25.8.1 of the LI)C pertaining to archaeological resources in the event they are contained on the property. Parkin~ All parking shall be in conformance with Division 2.3, Off-street Parking and Loading, of the LDC. W:\ 1998\199fi032H~,I.D', I:,'l PERMITTED USES & DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT, TRACTS D AND 5.1 Purpose Thc purpose of this section is to identify the permitted uses and development standards for areas within Boyne South designated for residential development on the PUD Master Plan. 5.2 Residential Development Intensity currently consistent with thc 1989 Growth Mana,eement Plan A maximum of one hundred twenty-seven (127') single-family permitted to be developed on the subject property. dwelling uni[s arc 5.3 Residential Development Intensity consistent with tile Proposed 97-67 (FLUE F~AR Amendments) At the time or after the FLUE EAR Amendments become legally effective, twenty-seven (27) dwelling units shall be transferred from Tract "B" (the commercial area) from 2.69 acres at a densitY of ten (I0) dwelling Units per acre onto Tract "D", which is the area designated for multi-family'development on the PUD Master Plan, Exhibit A. A total; therefore, of one-hundred fifty-four (154) dwelling units will be permitted for the subject propeny upon the legal adoption of the FLUE EAR Amendments. (See also Section VI of this PUD ordinance). 5.4 General Description The PUD Master Plan designates the following uses for each tract designated on tile PUl) Master Plan. TRACT USE ACRES A Driving P, angc 17.86 B Commercial* 6.69 C Golf Course 155.80 D Multi-Family 24.77 E Single Family 25.83 R Right-of-Way 11.40 242.35 *See also Section VI of this ordinance for permitted commercial uses, which will require 2.69 acres of thc commercial area to remain in open space after density transfer. W:XI99g\I99SO32'~RI,D~[S'I I'IJDd'UD doc · -,-. ! t,,~ The approximate acreage of residential tracts is depicted on the PIJD Master Plan. Actual xc;cagc of all development tracts will be provided at tile time of Site l)cvclolml,-d Flan a~'~proval or Preliminary Subdivision Plat approvals in accordance with Article 3, DMsion 3.3, and Division 3.2 respectively, of tile Collier County Land Development Code. Residential tracts arc designed to accommodate internal roadways, open spaces, recreational amenity areas, watcr management facilities, and other similar uses found in residential arcas. 5.5 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in ,,,.'hole ,ar part, for other than the following: 1. Principal Uses: (a) (b) (c) (d) (e) (0 Single Family Detached Dwellings Zero-l..ot Line Dwelhngs Two-family and Duplex Dwellings Townhouse Dwellings Multi-family Dwellings Any other housing type which is comparable in nature with the foregoing uses and which tile Development Sen'ices Director detemfines to be compatible with residential uses. 2. Accessory Uses and Structures ('a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities. maintenance facilities and clubhouse. 5.6 Development Standards The following Table I sets forth tile development standards for residential areas at such time as Ordinance 97-67 (FLUE EAR Amendments) becomes legally effective. Prior to the legal effectiveness of the FI.UE EAR Amendments, the standards ofthe RSF-3 Zoning District set forth in Section 2.2.4 of the LDC shall apply to single-family residential, which shall be tile only type of residential structure permitted. W31998\ 1998{.}32' R I.I)\ I S Il' UD\I'I JI )ldOC TABLE ! D'EVEISOPMENT STANDARDS FOR RESIDENTIAl, AREAS Minimuml~lA*~ 6.~}S.F. , .... 5.~S.F. ..... ~.~SF.m, ~.~SF.~rdu., ,, lAC Minimum 1.oi Width ;~, 60 50 3~ 30 '150 FrontY~d I Z5 20 20 20 Rear Y~d Principal '[ 20 ..... 10 '~'0 20 Rc~ Y~d Acccsso~ ~10 5 10 l0 l0 M~ximum IhJlld,ng ~ 35 { 3~ 35 Ilclgh~ ,~ ,,~ ...... [)is~ancc Bct~'ccn { I ~~ 10 15 { .~ Sitll" .5 SBII I:l~rAreaMm' (M.j" {"l':OO I 1200 12~ I~ 6()(~ .. mesh half ~f a duplex unil rcqmrcs a lot ~ca allocation of 3,500 SF. {bt a Iolnl minimum lot ~ca M mmum lot ~']dth may ~ reduced by 20 ~rc'cnt for cul~c-sK Iou pmvidcd minimum Iol.~a rcqu,~m U'Acccs~o' uses such ~s ~)1 cnc osurcs may ~ uclachcd lo princip~ uscs. .... ,Vhcrc ~c 'zero {;,~ fccl y~d option is utilized, I~ opF,u:'c s~4e ~' f s~ s~c~uK sh~l have a on c{~cr sMc ara slmclurc provided thai lhc ,)p~)siic ten (10) fi~l side y~d is provided. 'BII- Building Ilcight '"S]HI - Sum of Building ttcighL~ Zero-Lot Linc dwellings arc identified separately from single fhmily detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying thc development standards under ]'able 1. Zero-i,ot i,inc dwelling shall be defined as any type of detached single flintily structure employing a zero or reduced side yard as set forth herein, which conforms to the requirements of Collier County Land Development Code, Article 2, DMsion 2.6.27. The first dwelling unit constructed in a series of' zero lot linc developments shall establish the :,'xro lot line side for that tract or scries of zero linc dwellings. Only one residential dwelling unit type shall be permitted on any tract designated for residential usc. Where different dwelling unit types arc planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. Nctbacks shall be measured from thc legal Imundary of thc lot and arc inclusive ,)1' t2ilSClllCllt5 with thc cxccplion o]'casclllcnts fruit conlprisc a road rigJlt-of-way. W;\ 1998qO'IYa,121,:l.I).l ~,1 I'Ul)q'l H I doc SECTI()N VI PI:,I~,MITTI'H) USES AND I)IMENSI()NAI, S'i'ANI)AI~,I)S F()I~ C(),XlMEI2, CIAI, i)I.;VEI,OPMI,SNT AND OI'EN SI'ACI.5/I~I.X~I,II,~ATI()N i)I,;VI,;IA)i'Mi';NT FOR TI,tACT B 1'he purpose of this Section is to set forth tile permitted uses and development standards for Tract "B", the area within the Boyne South I'UD designated for commercial usc and open space/recreation use which comprises 6.69 acres. Upon or after tile legal effectiveness of tile FLUE EAR amendments, up to 2.69 acres of Tract B shall be converted to residential use at ten (10) dwelling units per acre, with the ability to transfer residential units to Tract "D" designated for multi-family usc on thc PUD Master Plan after tile transfer, tile remaining 2.69 acres shall be pcmfitted to be developed with open space and recreational uses. 6.1 Pe~;nittcd Principal Uses and Structures and l)evelopment Intens[tD' currently consistent with thc 1989 Collier Cout)ty Growth Manag. emcnt Plan No building or structure or part thcreol: shall be erected, altered, or used. or hind or water used. in xvhol¢ or part, other than the following: ..\1t el' thc pcmfittcd rises ill thc G-3 Zoning District of thc I,I)C that arc in effect ibc dale of approval of this PtJl), are permitled for Tract "IV' until such time ()rdinancc 97-67 ([:[,IJF, I!AR Amendments) become legally effective. 6.2 Permitted Principal Uses and Structures and Development Intensity l'cnnitlcd effectiveness of FI,UE liAR Amendments Thc only permitted commercial use for Tract "B" is for hotel or motel usc on four (4.0) acres with a maximum density of sixteen (16) units per acre or sixty-flint (64) motel or hotel units upon the legal effectiveness of the FIA,IE EAR Amendments. Thc balance of Tract "17," remaining after tile development of tile hotel or motel use ell tbur (4) acres and after thc transfer of residential density from 2.69 acres, shall bc permitted to be developed with open space and recreational uses. such as Icmlis courts, swimming pools, and other recreational amenities to serve the motel or hotel and other planned residential uses. 6.3 Permitted Acccssnrv lists and Structures and structt~rcs that arc accessory and incidental to ('-3 uses l~t~rsuant to Ncctitm (~.1 aNwc, or thc permitted hotel or motel list 13ursuant to Sccti{m 6.2 above, including open ;llld recreational amenities, such as pools, tCBlliS courts, ami play areas arc permitted. W:\I998',IgO~ID2'RI.ILI .'q I PUD I'! 6.4 6.5 l)imensional Standards for l'em~itted tJses,'i : The following requirements set forth the development standards for the commercial area at such time as Ordinance 97-61 (FLUE EAR Amendments) becomes legally efl'ective. Prior to the legal effectiveness of the FLUE EAR Amendments, tile standards of tile C-3 Zoning district, set forth in Section 2.2.14 ofthe I_,I)C shall apply. ,'xlinimun~ lot area: One-half(I/2) acre. ,",linimum lot width: One hundred (I00) t~et. Minimum yard reqtfircmcnts: a. Front yard: twenty-five (25) feet. b. Side yard: fifteen (15) feet. c. Rear yard: twenty-five (25) feet. d. Any yard abutting a residential parcel: twenty-five (25) l~ct. Xlaximum height: 'l'hirty-l~vc (35) Feet. l)imensi(mal Standards for AccessoO, Uses shall be as required in Section 2.6.2, of the I. DC. W:M998\I998032',RI 1) IS I I'IIDd'[JI, tl,~ SI';C'I'I ()N VII I'ISRMI'FTI~I) I. JSISS ANI) DIMENSIONAl, I~,I';QUII~.I';~IENTS FOR GOLF COUII, SE AND GOI,F I)RIVIN(; I~,AN(;I,;, TILACTS A AND C 7.1 7.2 purpose The purpose of this Section is to set forth thc regulations for the areas designated as Golf Course, Tract C, and comprising 155.80 acres, and for the Golf Driving Range, Tract A, comprising 17.86 acres, both of which are designated on the PUD Master Plan, l:.xhibit A. l)ermittcd Uses and Structures ' No building or structure, or part thereof, shall be erected, altered, or used, or land water used. in whole or in part,/Ur other lhan tile following: A. I'crmiucd Principal Uses and Structures (1ol f Course, Tract C Golf Driving Range, Tract A B. Permitted Acccssow Uses and Structures Pro shops with equipment sales up to 1,000 square feet in size; restaurants with a seating capacity of 150 seats or less and shall serve patrons no later than 10:00 P.M. intended to exclusively serve patrons of the golf course and other permitted recreational facilities. P, ecreational facilities that serve as an integral part of tile permitted usc, including but not limited to clubhouse community center building, practice driving range, shufllcboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3. Muttiplc tennis courts, shul'Ilcboard courts, swimming pools, and other types of ['acilities intended ti)r outdoor recreation CC}lllIIIOD tO 11 counlry club. I~,oads, pathways, accessory uses and structures customarily associated with thc permitted use, including but not limited to utility structures, water management fitcilitics, maintcnnncc shops mid cqt~ipmcnt storage thcilitics and non-commercial plant nurseries. W:[ 1998~ 1998032',1t IA 1', I S'[I'[JD\PUI),do~ 7.3 Property Development Regulations A. General Requirements a~ b) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. B. Nlaximum Height of Structures Two (2) stories, 9r thir'~t-five feet; Hours of Operation The driving range shall be operated during daytime hours only. W:\i09g',l c~)g032 P,I.D,ISTPUD,PUD.do¢ ISNVII~,ONMENTAI~ STANDARDS The purpose of this Section is t°' set forth the =environmental commitments of thc project developer. 8.1 The developer shall be subject to alt environmental ordinances in effect at thc time of site development plan or subdivision approval. 8.2 8.3 Native vegetation preservation shall be subject to the requirements of Section 3.9.5.5.3 of thc I, DC, and all other pertinent requirements of Division 3.9, Vegetation Removal, Protection and Preservation, of the LDC. The developer shall obtain and submit ~to'cumentation of all necessary local, state, a~'~d federal permits at the time development orders are requested. 8.4 Tim developer shall be subject to Section 2.2.25.8.1 of the I,DC perlaining to hislorical and archaeological resources in the event they are contained on thc properly. t SECTION IX TI~:\NSI'OI{TATION I~,EQUIREMENTS The purpose of this Section is to set £oah the transportation conmlitmcnts of thc project developer. 9.1 9.2 9.3 9.4 The dcvclopcr shall provide arterial street lighting at the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. The road impact fee shall be as set forl|1 in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued, unless other,,vise approved by the Collier County Board of County Commissioners. Intern;al access improvement's shall not'be subject to impact fee credits. ' ' All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 9.5 Access to the commercial Tract I3 shall be from tile internal access road into thc project only as depicted on the PUD Master Plan. 9.6 Two access points shall be permitted onto U.S. 41 as depicted on thc PUl) Maslcr one of which is presently existing and serves as tile main project entrance and thc other is proposed to bc located along the east property linc subject to FDOT approval. WAI99g',I998032'.RI.I), I"; [PI;I);I'UI) doc SI,iCTION X .' ;. ,~ .. ~. '.. , ,~ UTII,ITY :\N 1) EN(; IN EEl,tIN(; REQUI REM ENTS q The purpose of this Section is to set forth the utilities and engineering conlmitments of tile project developer. 10.I Utilities Sewer and water scrx'icc shall bc provided by Collier County. All pertinent requirements pertaining to thc extension and construction of water distribution and sewage collection facilities shall be met. \Vater dist. rib. ut, ig,n, sewage collection and,tranr:gission and interim water and/or sewage treatment facilities to serve the p~ojFc/, are to be ~lesig~cd~ ~:ohstFu~ted, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as ,amended, and other applicable County rules and regulations. Co All customers connecting to the water distribution and sewage collection Facilities to be constructed will be customers of the County and will be billed by thc County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service, customers shail be customers of tile interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to sep,'e the project. Appropriate easements fi)r any project internal water improvements shall be docu~nentcd on Ibc construction plans and shall be dedicated to the Collier (;m~nly Water-.Sewer DislrJct. Cbr, srraction' d'ravcmgs, techni'cal' speci'f~cati'ons and' afl' pertinent design inf'ormation shall be submitted in accordance with Collier County Ordinance 98-53 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 10.2 Engineerin~ A. l)ctailcd paving, grading, site drainage and utility plans shall bc submitted to thc l)evelopmcnt Services Department for rcviexv. No construction permits shall bc issued unless and until approval of the proposed construction, in accordance with thc submitted plans, is granted by the Development Scp,'iccs Department. l)csign anct construction oF all improvements shall he subject to compliance with tile appropriate provisions of the Collier County I,[)(' ¥,' ',1'P)8\199,~032 ltl.I) IS llq q) Iq.q} Co D. Subdivision of the site shall require platting in accordance with $cction 3.2 of thc I.DC to define the right-of-w~> .m,d tre,:ts ~,;hn,,~','t on the l'~, ID Master Plan. The developer, its successions and assigns, shall be required to satisfy thc requirements of all Count>' ordinances or codes in effect prior to or concurrcnt with any subsequent development order relating to this site, including but not limited to Preliminary Subdivislo~ Plats, Site Development Plans and any other application that will result in the issuance ora final development order. '['hc Dcx'clopcr. its succcssors and/or assigns agrccs to provide for water management re~'icw and approval as agreed upon bctwccn county staff and South Florida \Vater Managemenl District slat'f. W \ DF,~8'~IO.}Sr}~." RID I%IPI 'I)PIil) do~; ii Pzeservtng =nd onh,lncing Florida'5 qualily et file since HOLE, MONTES & ASSOCIATES, INC. ENGINEERS Pt~'~NERS SURVEYORS HMA PROJECT #98.32 2J11/99 PROPERTY DESCRIPTION A PORTION OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13 TH'JROUGH 18, AND A PORTION OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF TRACT A OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13 THROUGH 18 OF THE PURl.lC P, ECOF;DS OF COLLIER COUNTY, FLORIDA; TRACT C ~: SAID ROYAL PALM GOLF ESTATES UNIT ONE LESS PARCELS C, D, E, F, G, H, K AND L OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LOTS 31 THROUGH 38, BLOCK E, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LESS PARCELS C, D, E, F, G AND H OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 60 THROUGH 132, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 1 THROUGH 52, BLOCK G, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD LYING NORTHEASTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF LOT 1, BLOCK B, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL TREE PARKWAY LYING SOUTHEASTERLY OF THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY BOUNDARY OF LOT 23, BLOCK C, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF THE 100.00' DRAINAGE RIGHT-OF-WAY LOCATED ADJACENT TO THE SOUTHERLY BOUNDARY OF BLOCK A OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LYING NORTHERLY OF THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF PARCEL N OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF MAIN DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF LAKE HAMMOCK DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT OHE; ALL OF IRENE DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT O~4,_, AND ALL OF ENSENADA DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT OBOE. AND PARCELS A. B, J, P, AND R OF REPLAT OF PORTIOHS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT TttEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF TilE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA. HOLE, MOHTES & AooO~l/~T~.o, I ,C. CERTIFICATE OF AUTHORIZATIOH LB #1772 i × ) BY THOMAS J. GXF~RIS STATE OF FLORIDA 17C STATE OF FLORIDA) COLTNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDIND=NCE NO. 99-25 Which was adopted by the Board of County Commissioners on the 13th 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 14th da}' of April 1999. DWIGHT E. BROCK Clerk of Courts an~ ~lerk Ex-officio to Board 'of County Commissioner'~ ' By: Ellie Hoffman, Deputy Clerk