The URL can be used to link to this page

Backup Documents 03/23/1999 RREGULAR MEETING OF THE BCC MARCH 23, 1999 NapLes DaiLy Hews Naples, FL 34102 Affidavit of Publication ~ARD OF C~NTY C(~HISSIONERS ATTN: T~YA PHIllIPS PO ~X 413016 HAPLES FL 3~101-3016 REFERENCE: 001230 #912733 5?&49IX)5 NOTICE OF PUBL:C MEE State of Florida County of Collier Before the undersigned authority, personally ap~eared B. lamb, ~ho on oath says that she serves as the Assistant Cor~rate Secretary of the Naples Oa~y News, a da~ly nevspaper published at gaples ~n Collier C~nty, Florida: that the attacH~ c~y of Advertising was publ~sh~ ~n sa~d n~s~per on dates Af~ant further says t~at the sa~d Naples Daily ~s ~s a newspaper ~bl~sh~ at Naples, in sa~d Collier C~nty, Florida, a~ that the sa~d ne~s~per has heretofore been continuously ~blish~ ~n said Collier County, Florida, each day a~ has ~en enter~ as sec~d class ~tter at the ~st off,ce in Naples, ~n said Collier C~nty, Florida, ~or a per~ of 1 year next prec~ the f~rst publication of the attach~ copy of advertisement; a~ affiant (urther says that she has neither ~d ~r pr~is~ an% person, firm or co~ratt~ any d~sc~nt, re~te, co~ss~ or refu~ for the ~r~se of ~ecur~ th~s advert~e~nt for ~bl~cat~ ~n the sa~d news~per. PUBLISHED ON: 03/21 AD SPACE: 55.~ ~NCH F~LED O~: O3/22/~ S~gnature o~ Aff~t ~, ~ S~rn to and Subscrib~ before me this ~ day of ~ 19~ NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY~ FLORIDA Tue$Oay~ March 23, 1999 9:00 A.M. Notice IS hereby given that the Collier Courtly Board DJ Courttv missioners will meet In the Board's Chombers on the Third I:loor of the Ad- mtnlslrotlon Building (Building F) of the Cofller County Government Complex, Nc~ole$, FIorl- do, to conduct the busi- ness Of Collier Courffy ot Ihe above stoted'-J(r~e ond Co~te$ of the for sold meeting wtl~ be mode ovolloble fo the press or~ moy be of the office of the County Administrator, some Io(oflo~l~ ~tlle ~'lod of time. Any person who cle~Jd- th~ Bo<~'d will need o re- ¢or(~ ot the ~'oceedlng~ re~(~d of the Ing~ h mode, wt~k.h re- cord Includes the testlma~f omi evidence ~ which ~ c~oec~ Is ~o be bosecl. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA .5. MAC'KIE, CHAIR WOrN DWIGHT E. BROCK, CLERK BY:./s/AN3ureen Kenyo~ DegutY Clerk COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 23, 1999 9:00 a.m. .X()I'I('E: .tl.I. I'ERS(INS \VISIIIN(; TO SPEAK ON ANY A(;ENI)A iI'I-'..M Mt'ST I,,tE¢;IS'IEI,I I'RIOR '!'() SI'I-2.\KIN(-;. SI'EA, KERS MUST REGISTER '~VITII 'file ('(}I'NIY AI)MINIS'I RA'I'()I{ /'R/OR 1'()]lie I'RE.',JENT,VI'ION OF TIlE AGENDA ITEM TO lie AI)I)I{ES.',qEI). I,tEQi'ES'I'S TO Al)DRESS TIlE BOARD (.IN SUIIJE(Yl'S ~VIlICI! ARE NOT ¢},~ 'fills A¢;ENI)A 'MI'ST 111-2 .'qI'IIMI'I'TED IN WRITING '~,VIT!! EXPI.ANATION '1¢1 Till-: ('¢)I'N'I"V .[DMINISTI,t. VI'¢ll,t AT I.I':..~,ST 13 IIA, YS PI,tI()R 'I'O TIlE D.¥1'E OF TIlE MI-:EI IN{; ,',,Nil ~,VII.I. lie II I-:,\RI} I'NDER "t'l ;BI.lC PETITI¢)NS". AN\' I'I-:I,tS()N V, IIO I)E('II)ES TO APPE..Xl. A I)I':('ISI()N OF Till.',; II(),\IU) WII,I, NEEI) A I{I-:('~11~I) ()F 'I'IIE PRO('EEI)IN(;$ PERTAININ(; TIII':RE'I*O. ANI) *1 IIEI{EF()RI-: ,MAY NEI-:I) '1'() E.\'SI'RI-2 '111.\'1 .\ VERB.\'I*IM RI-X'()I,H) ()F TIlE I'R()CEEI)IN(;S IS MAI)E, VvIII('II I,tE('¢)IUI I.\'('I.I'DI-:S 'life 'I I':S'I*I.MON¥ ANI) EVil)ENCE I'PON ~VIilCII TIlE ..'d'I'EA, I, IS T() II1-: II..XSI':I). Al.I. RE(;ISII-:I{I-:I} Pt'III.I(' .'qI)E..\KEIIS ~VII.I, IrE I.IMITEI) TO I.'IVE (5} .MINI"I'ES I'NI.E.~S I ['.R. IISSI()\ [-'()R ..\I)I)ITI()NAI. TI.MI-: IS .XS.'qlSI'EI) I.I~,II';NIN(; I)I-.'VI¢'I-:S I'()R ]lie IIE.XI,,tlN(; 1511',.\11{}:1) .'~RE ..VV ~11..\111.1.2 IN '1111-. ('¢)I'N'I Y ('¢)M'~IISSI()NERS' ()FI-'I('I-i. I.I'N('II I,[I-X 't-~.'-;S S('IIEI)I'I.Ell I"()1,[ 12:00 NOON 'l'(I 1:01) 1'.51, [N\'i')('.XTION - Re~ercml (;eor~e I.~'~cklmrt. Fir~,l Baplisl ('bra"ch o[(;,rddcn ¢;alc I'I.EI)(;E ()F AI.I,E(;I,XN('F. ,Xl)I'I,~f)VAI. OF .-\pprm I'd ami/or a(luplt,(I ','. ifil chanRe's -5/0 A. II .-\PI"ROV:\I. ()F ('ONSI!N 1' ,.%GI~NDA. A F'Pf",OVA I. elf SUM X IA R Y :\GF. NI)..\. :\ I:'PR()V..\ I. ( )F R I(( }[ 'l..,\ R ,-\( il! ×D,,V AI'I'I,t()\'..\I. OF .'MINt 'TES ..\ppr,~', i'd a.s pre,,¢ntcd - 5;0 · .\ J,'hruarv.. . 21.. 1999- Rc~ular~ rncctm~.. PI~,¢)CI...\M.S, TIONS ANI) SERVI('E AW..\IU)S .\. I'RI)('I.A.M..\TI ()NS 1 March 23, 1999 2) Proclamatmn pmclamfing v, cck of .Match 21-27. Imm ~. (kudener Appreciation Week m ('(filter County. 'I'(~ N' acccplcd by Ms Na~tla li~scnl~utl, Mr. Earl (;arrctl, Mr. Ehner Ilahn a~d M~. 'rom th~rtcr. Master (ia,lenc~. Colhcr County;t;nivcrsi~y of Florida Extension Adopted - 5/0 .... ~ ~: ~.~ Pr~lamatmn p~iatmmg the ~n~ ogAp~l ~s F~u~ on Education Month. 'ro be accepted by Ms. Carol Con~;Co.~aff of EDC Economic Fnundations Committee. Also. present are r~resenlative~ from the collier C~mnw I'ubhc Sch~mls. Naples Area Cham~r of Commerce. Collier C.unty l:duc~ti.n I:oumt.m,,n and Junn~r Achievement Adopted - 5/0 .q E I~,Vl ('1-; .~,~,VARI)S I're~enlcd 2~ 3~ Diane Day-l)coss. I)()R - IO Scott Conlcy, Water. 5 years Isaac Dcnms. Road and Bridge - 5 >ears John I)mD'. Ai~orl Authority- 5 John Jones. t.ibrarv - 5 years Bart Sanders. Waler - 5 ;~ears Nam~ Sa:mil. R-ad and l~r[dgc - I' ,H' SI'LN'I ;\TIO NS ,\I'I'I,~()VAI, OF ('I.ERK'S I,tE'I'OI,FI' A. ANALYSIS OF CIlANGES 'FO RESERVES FOR CONTINGENCIES. Continued to April 13, 1999 I } To present the Certificate °fAchievement for Excellence in Financial Repomng the Board of County Commissioners for the Fiscal Year ended September 30. 1997. ('onfinucd to April 13. 1999 2) To present lo file l?,oard of County ('onlmlssloncrs Ibc ('-mptchcnsp, c Annu:fl l:manc~al Repot! fi~r thc Iqscal Year ended September 30. lgg.~ 7. I'1 'BI.l(' PETITIO.N'$ :\. Jtw Lclonck. Executive lhrcctor of thc t 7rated ,krls Council of Colhcr ('ountv requesting financial support. ~'~ Action .Move to ltern el 6 l[ g. ('f)I'NTV AI).",IINIS'I'I,U'~'I'OIUS REI'f)RT ('O.Xl.XlI.'.N'ITY I)EVEI.OP.MENT & EN\'II~,ON.MENTAI. SERVI('ES I) Connie D. StegalI-Fullmer. representing Goodland C'tvic Association, requesting a wa~,,'er of Temporary Use Permit fee for an event held on .March 6 and 7. 1999, Goodland. Collier County, Florida. Approved - 2 March 23, 19,19 :\dried Added ..\ddcd ,\dded Added ,Added .-Xddrd Il. I). 2} Final acceptance of water facihttcs acceptance I'ot 9.';1 I'[lln! storage (Stal'l'.', P, cquest) ,\pproved - 510 3) P, cqLJeSl 1o approve fi)r recording the final plat of I ong~hore I.akc [;nit [:mir and appTo~ al of thc ['crl~)rrnaocc Security ( Staff's Request) hpDrox rtl ~ubjcct to cl)ll%(rtlctJoll HIId IllailllCllullce a~ret, mclll, letter of crctlil and stipulation-5/0 41 Request to approx c fi~r recording tile ]:mal Plat of t.on~j,,horc [ akct 'n,t 5-I) and app~,wal ¢)f thc l'erl'ormancc .qecl,rlly (Sta{Ts Rcqucsl} Approved subject Io constructioo and maintenance agreement, letter of credit and stipulation -$/0 Request to approve for recording the final Plat of Longshore I.akc ~ :nit 5-(' and approval of the Performance Security {StafFs Request} Approved subject to construction and maintenance agreement, letter of credil and stipulation -5/0 6) Request to approve the Final Plat of"Candlcwood 'three" (Sta fl's Reqt,est) .Approved ~ubject to construction and maintenance aRrcement and stipul;~tion,, - 5/0 Request to approx e for recording the Final Plat of "..\shlcy (Jro'.c" {StaFfs' {request) ..\pproved - 5/0 Rcquc:,t to approx ¢ for recording tile Final Plat of"I hc ('lub Ii.tares" and :q~pro,.'zH of the Performance Security (C'ommiqsioncr Norris Request) ..\pproved - 5/0 9) [(stabh,,hment c,f ;\1') l lOC Comlllltle¢. the purpose of xx h[ch ~s to rcv~cx~ and cluslcrmg and Natural Resource l)rolection standards liar thc proposed n:ral fringe area and to develop an illlcrlm pohcy to be included ltl a settlement agrccmc~lt thc I)epartmcnt ol'Community Afl, irs with respect to hmmng land uses in thc rural Agr~cul'ural area pending completion of a comprehensive strategic plan fi~r this area {Staff's Reqt~cst) Staff recommendation Approved and Resolution to be brought back on April 13. 1999 i'I'IiI,IC WORKS I'I.'III.IC SEI*,VICES SI 'l'P()ll.'F .ql': RV I('ES ('O['N'I'Y ..\ I) 511N I S'I'IC.\TO 1'[ Prcsentatior~ of Improved and Expanded "Collier Serves" ProL.3ran'~ Initiative. Prc~cnted by Count.~ Administrator Fernandez 2} Quarterly capital project status report. I)re,,enlcd 3 .March 23. 1999 F. AIRI'OR'F AUTIIOI{1TY COUNTY AT'I'ORNEY'S REPORT Recommendation for the Board of County Commissioners to settle tile cast of Evelyn l:iehl v. Collier CotenO,. Case No. 98-3183-CA.01, nov,. pending in Ihe Circuit ('ourt for th¢~ Tv,'enlieth Judicial Circuit, Collier Count.,,', Florida for S39.750.00 plus payment of Mediator's fees in an approximate amount of S300.00. Approved - 5/0 lO. BO:?,.t~,I) ()F COt/N'I'Y CO.Xl.XIISSI()NI.:I~,S Discussmn regarding Shcrll'Fs Office operations admtn~stratmn I'actllllcs {('ommissioncr Constantine). ()ptioo I Approved - 5/0: Project on Ilnr~eM~oe I)rive lo be pul on hold - 5/0 :Xppo:ntmenl of members lo the l[ispanic Al'l~rs Adviso~ Board. Resolution 99-181 Appointing Faye Reddick and 31aria Grimaldo - Adotpted - 5/0 Appointment of members m the Immokalcc Entc~rise Zone l)cxclopmcot Agency. Resolution 99-182 Reappointing 31aria I)e l,a Luz V. Ortiz. John Kirchner. ira 31alamut. Floyd Crews, .Jim Penczvkov,'ski, Jerry Hubbarl. and Al Neunmn - Adopted 510 ' ' D. Appointment of members to the Tourist Development Council. Resolution 99-183 Appointing reappointing Gene Vacarro and Jerry Thirion. Adopted 5/0 ' It. I?. Il. ,.\ppointment of member to the Radio Road Beautification Advisory ('ommitlee. Resolution 99-I 84 Appointing Su~an Saum - Adopted b~.cconlrnen,.lation to declare a vacancy on the C;olden Gate [~,eatllil'~caHoll Advisory (?or'nnlittee. ' l{esolution99-185 Declaringa Vacancy-Adopted 5/0 ..\ppoii'lli,l~cnt o!-nlcnlbers to t}t~.' Cotlllt¥ (}ox'eri,~menl Prodt:clivitv ('ommittce. \,res. 99-186 appoii,llinp, I-;dv, ard Fergu,~on. Wnt. };bben. ('harie~, (;eller..qharon I lanlon and Donald ('al, ~.ubell - ,Adopted - 5/0 .'\ppOHltnlc~)l of rllC~llbcrs to the Cofllractors l.it.'cllsiog Board. Re,i. 99-187 appointing Rot}er! I.aird -.-k¢loplt, d 5/0 ()'1'11 K I,T I'I'K?.I S ()TILER ('ONSTITt*TI(IN.&I. OI-'F'I('ERS II. P, equc~,t transfer of $2.982, I00 from General l:und Reserves to the Reserves of the Sheriffs Office. Approved (Consensus) I'TTBLIC COMMENT ON GENERAl, 'rol, l¢:s 1). 2). Ellie Krier re preparing homes for hurricane process: anti add-on item.,, being available for tile general public. Ty Al~oston re Southern (;olden (;ate Estates: agenda packets: und participali()n of tile general public during public conli,nei,lt section of aRco(Itt. 4 March 23. 1999 I)1'111,1(' IIK.\R. IN(;S \VII.l, lIE IIE..\RI) IM.M EI)I..\TEI,Y I:()I,I,()\VIN(; STAI:I: I'I'E,%IS 12. 13. 14. .\I}VI-iI.tTISI.:I) I)I'BI,I(~ IIE,\I,HN(;S- BCC A. C¢)Mi'i{I:IIENSIVE Iq,AN A31ENDMENTS 11. ZONING A.M ENDMENTS Continued to a Future Date 1) CONTINUED FROM TIlE MEETING OF FEBRltARY ~3. 199~. PUD-82.16(I) Karcn Bishop of PMS. Inc. of Nuples. representing l lenry Krdfiing. ~o rezone lands now zoned PUD to a new PUD to comply widl lhe sunseltmg provisions of Ihe I,and Developmenl Code, and to add commcrcml and hght industrial uses to the list ofamhorized uses and Io updale thc I'1 ;l) Document ami Master Plan to current land dcvclopnlcnl code requirements, lbr properly generally located southeast of the intersection of U.S. 41 anti Old U.S. 41. ~4 mile cast 41 at the easlem le~inus of Wiggins Pass Road. in Section I 5. Township 48 Range 26 East. Collier Count>'. Florida. ('ontinued to a 2~ Future [)ate CONTINI'E~ ORI(;IN:XI.I.Y ('()NTINI 'ED I:1{().\I TIlE MEETIN¢; OF FKBRI;..\Ry 23.1999. PctmonPi'D-9~.13, R. Brucc..\mlcrs~m h'oung, van Asscndc~ & Varnadoc. P.A.. representing C~dlicr l)cvch~pmcnt ('orporatlOn. requesting a re/one I~r lands/orlcd "A" Rur.d :XurictI[IIiiC ;llltt "l'[ 'I]" l'I,mHud { 'llit l)cvclopn;cnt "PL;D" zo "f'[ 'D" fi~r a nc~ "Pt 'I):' Planned I)cx clopmcm to hc know n as Colhcr ]'ram 21. fi)rZllcrlv llcachwav PUI). fi)r a golf c(mr~c and accessory and incidemal I~c]lities including a clubhuu}e, 50.000 square fcct ,ftC-3 commercial uses and'or a holel on property located bch~ccn U.S. 41 (m the east and Vandcrbih Drive on the aest, lying no~h of I I 1~ Avenue and south of the Cocohatchee River, in Section 21. Township 48 South. Range 25 East, Collier County, Florida corlststmg of 267.44. (' ()TILER I) Direct slat'fro amend an Ordinance as it relates to the Parks :,nd Recreation Advm()rv Board. Ord. 99-!4. atccepting Opt[on #1 - Adopted 5/0 IIf).XRD OF ZONING AI'PEAI.S A. AI)VERTI.";EI) I'UIlI.I(' ilEARIN(;S I1. () IIIER N'I'A F F'.'., ('().\ I M 1 '.~' I ( '.VI I( )N.",; ('ount,..\dnliniMrator }"ernalldc/. - ill) p;i.x illCHI,, received lo date [rOlll 3l;ivco for ~(did wllMr collcctinlL lr;lll~fer q;ition, Fl, XX'aler ;itl(J Sllt'rifl'~ Mlh-Malioll. ('otlllly .\th)riley to look into Ihc~c is~uc~ ami report b:~ck. II().\RI) ()F ('O!.'NTY ('()M.MIN.'qI().\'EI,t.'q' ('()3I.MI'NI('ATION.% :\ J)I-CLISSIOII re.card lLtl'ucs 1( 'l)Illllll,,,,iOllt, r Bert.', ) l ]IqCII'.,SIiH1 rcgardln[~ N()l'-,c ( )rdlllallCC ( ('OIllllli~4MOllel' ('after}. ('OHIIJ.V ..\ttorllt, y ti! review OlJler eOnllllUlliJies' llOiSe orllJllallCt, s alllJ COllie back. 5 March 23, 1999 D ¢'on~nissioncr Constant/ne re back up for items on tl~e agenda being received prior to lhe meettllg. Ctmtmissinncr £'onstanlit: e re file Board being reformed of trageches of Cou rtty Commissioners Mac'K ~e and Berry re recent fires m Golden Gate Estales. Commissioner Mac'K ie re communication commiltees with the C.nsl Iutional Officers and management of the Cines. Commissmner Caner re pa.',' plan. 16. CONSENT AGENDA - All matters lisled under this item are con~;idered Io be rots/the '-md action will be taken by one motion svilhout separale discussion oreach item. If discussion is desired I)y a member of the Board. that item(~) ss'ill I)e removed from Iht C'on~cnl Agenda and cnnsidercd separately. Approved and/hr Adopted with Changes- 5/0 Wilh exception of Item 16A6 COMMUNITY DEVELOP,MENT & ENVIRONMENTAl. SERVICES I) Resolution opposing House' Bill 0925 and Senate Bill 1352, relating Io ratcmaking provisions of investor-owned water and wastewater utility systems, before the 1999 regular session of the Florida Legislature. Res. 99-170 2~ Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Quail West Phase III. Block K. Lot 97" Res. 99-171 Request to approve ~or recording the final plat of"Crecksidc Commerce Park XVcst - Unit Tv. o" and ar~,nro','al of the perfon'nancc sect, ritv. VVith Construction and 31aintenance Agreement. I'erfnrmance lhmd and slipul:ltierls -t I 'I hl~ item ha~ been dclet,:d. ..\ulh~)rl/.ltltm It)axxard Bi,.t "99-2912 "White l.akc Corp.ratc Park hll'r:lstrnctur,.,, hnp.~x emcnts" amt authorize staff to inmate an a~reerncnt ~,x ith llarpcr Bros.. Inc.. of l"l. ?,l.',ers. Fh)rida. ~ 71 l't BIAC Request to approve for recording the final plat of Pchblcbrookc l,akcs l'hasc 3 and approval of the performance securily. 4/0 (Commissioner Mac'Kie abstained) With Cunstructlon and Maintenance Agreement, Performance ihmd and Stipulation Lien Resolutions. Code F. nforccment (.'ase Nos, 80720.120 - Tropicana I lomes at Marco Inc.: 80722-057 - l.uis Alfred. & Palricia Ann ('arva al; 80813-047. Flora :',,costa; 80909-098 - Daniel Liy Res. 99-172: Re,~. 99-173: Re,s. 90-174: and Res. 99-175 WORKS Request approval to use funds from Waste Tire Grant to provide safety play surface at Everglades City Public Playground. In an amount not to exceed $23,000.00 6 March 23. 1999 21 5) Appruvc Budgcl/xmcndnlcnt rccogmzing carp,., fi)rx~.ard amm,nts I'r,m FY 9S I',r mad pr.jeers m fimds 313. 331,333. 334, 336. 338. 339 & 3an. .,\ppmvc an Agrccnlcnt with lmmokalcc Disposal. Inc. to colllllll, lc providing ret)cling service for multi.l'amily tcsidcntial units and authtmzc Ibc ('hairwnm;m h~ svgn thc Agrcemcn£. l"nr approximately 2.'700 Units al $.95 per unit per month fnr a Intal ant,u:d amount of S30.780.00 ..\u, ard Ihd #98-2SS0 for Backflow Sen'ices. To Severn Tren! Environmental Service~. Inc. Obtain Board approval to amend thc (,°Ilier ('mmtv l~.ccl,nmcd Water Sv,,tcm Ordinance. T} Approve the dclctmn of thc [lack&~ot Sen'lee f)pt~on I?tnn thc Automalctl Sohd Franchise A~rccmenl Modi~cafim~ ..\xxard a ('-ntract h~ I.ighlncr Cnntr~clmg. Inc. l'-r [hd N.. 00-2Ul5, Beach .\laimcn:mcc ..',,ct/', I[ic~i. .-kd.pi a Rcsolulz,m rex zsmg tilt' chglbzlU.~ f-r membership ,m Ibc Naples llcach J'{CllOll[IShlll¢ll[ .x,l~lllll~.ql/lllC~., {'¢llllfllllJC~.'. I{c% U9-176 254. ' ('nndnucd lo April 13. 1099 I I} Rescind thc :\'.yard ofa Contracl Io Allied Tracking of Florida. hie. C,B.F.. Tracking Company. Inc. for Bid No. 98-2900 and Av,'ard a Contract It} I)m,glas N. Ihugms, Inc. for thc Transport and Placement of Beach Fill Material. ' Approval to administratively adjusl the non.ad valorern assessment fi)r Parcel Number I I in the Naples l'rn(h,c~i()n Park .MS.T.[ L In Ihe ;inmun! of S24,683.17 13) ASSoCIaICq. lilt, for cn~mccrmg ~crvlcc~ related h) ]mpr()vcmcn~s al Iht' ~olllh COLIIIlV Water Reclamatmn Faclhtv. RFI' 01 ~ ~I. Pr-.icct 73916. Itl Ibc ;llllOttlll nfS116.0110.00 ]4) Approve paving 111,2 hmeruck p~llloll (~l' Pnrter Strcel Itl response to cit~/cns' request. ()ptinn t:2 :~ referenced in Ihe Excculi~e Slmllll;irv; alld ~t:lfl tf) implcmcrit Iht' pr()jcct ~ul)jccl lo rcccixing S17.721.42 from the I)cnefiting i)rOl)t, rty n~vnt, rs. l'l BI I('Si ,,\ppr.~ al tO l'tllld I11'2 4t~ o1' Jt! v Fe~,tl~ al and Fltcx~ork., amount of S25.000.00 7 March 23. 1999 31 Approve lite purchase orplaygroum! eqmpmen', for Eagle l.;tkes Cmmlmnlp, P;uk. i'urcha,,e of equipmen! awarded to Domiaic'-, P. ecre:Hion Product,~. lqe. in tht' a mount of S75.000,00 41 Approval o£two (2) Interlocal Fund Sharing Agreements with Ibc (.;it5, .f Naples and the City of Everglades. - · 5) Approval of budget amendment recognizing an adthtmnal $4N.637 m State Libraries m FY 99. I). XI'I'I'I)RT SEI,IVI('ES Add ,.\,i,,cl .04~)024, a Ford Aeroxlar Van. h~ Ibc M;uch 27. lUg') .,V,,, ard Bid ~),q;-20(13 for l.aboramry ('helmcals and SUl~t~hc,;, '1'o VWR Scientific Approval of a Contract between Collier County and Commumly l lealth Partners. Approval ora Budget Amendment to Property & Casualty Insurance l'rogram Fund. Recommend to Award Bid #99-2913 for Contract Pnntmg. ,\~arded on a proposal by proposal basis as sl]m~ n on Atlachmcnl "A" in ~l~e Executive Sumntary Cf) I :?','T't' AI)M I.\'ISTR.\TOI! 1} Budget Amendment Reporl. u99-171 & .~99-182 Budget Amendments 99-171; 99.182; 99-183 and 99.185 IIOAI,H) OF ('OIiNTY COMMISSIONERS MIS('I';I.I.ANEOI S C()I/RI':$I'ONI)I.;N('I.; II. .\lisccllancc, tt',, ItCr~l,, Io I]I,2 Iht ~'ccord X~.llh actmn ;tx thrcclcd I)TIIER ('()N."4TITI'TIONAI. ()FI"I('I';I~,S I ~ 1'{'..'qtleM Ibr approval tier Ibc purchase uf replacement desktop ctmlputcr syslcms thc ('oilier ('ounl)' Shcrll'l's ()l'Jicc I?~}nl Dell ('ornpulcrs under file lCrnls anti COllditio/lS of Slalc Iff' Florida ('onlracl n25fM)40-99, l. I. ('()1 'N'I'Y AT'I ()RNEY Mo~ i'd frm]] Item I ) Request lu adupI a Restitution declaring a need fi~r ;m cdUCalmnal t~cihtics authorHy 1~ I~IHClI~H1 II1 Collier ('{}tllll~, FlorMa; atllJlorl7ill~ I}I~' alllh~rltV and excrczsc po~cr~ under the acl; dc~gnaling az~Lt approving ibc members Ihereof; pmv~dm~ an off, clive dale. Re~. 99- I ?7 J. AiI,tI'OI{T AL'TIIORITY 17. SI '.M.M.\RY AGENDA -'Fills SECTION IS FOR AI)VERTISEI) I'UBLIC llEAIUN(;S ANI) 5II 'ST 51EICF TI IE FOI.I.()WIN(; CRITEI,llA: I } A RE('O.M.MENI)ATI()N FOR AI'PI,~(IV.\I, FROM STAFF: 2) UNANIMOUS RECOM.MENDATION FOR APPI,~OVAI. IIY TIlE ('()I.I.IEP. COI'NTY PI.ANNIN(; COMMISSION OR OTIIER AI'TIIORIZIN(; ..\(;I':N('IES fie Al.l, MI-:MIII-:RS PI:rESENT ANI) VO'HN(;: 3) NO \VI~,I'I'TEN OR ()RAI. OB.IE("II()NS TO TIlE ITEM RECEIVEi) IIY STAFF, 'FILE COI.I.IEI/COI'NTY PI...\NNIN(-; ('O.MMISSI()N. O'I'ilER AI'TIIORIZIN(; A(;EN('IES OR TIlE IIOARI), PI~,IOR 8 · March 23. 199{I 'If) TIlE f'f)M31EN¢'EMENT ¢)F'IIIE IN'C 31EE'I'I.N(; ()N WIll(II TIlE ITEMS ARE N('IIEI)['I.EI) *l'O 1½E IIE:\I~,D: AND 4) N() INI)IVII)I'AI.S ARE liE(;INTI-~IiEI) T() .~['l:.;\K IN ()I'I'()SI'I'ION TO '['IIE ITE,M. l'ctmou OSP-98-1, Dave Shoed of Kuhhnan Engineering, representing Azar (;allery. requesting approval for 20 off-site parking spaces on l.ot 26, and the west halt'of l.ot 25, Block B, Naples Villas to scv,'e an existing commercial facility on Lot I, Block IL Naples Villas and which is located on the northeast ~omer of Airport-Pulling Road (CR-31 ) and Poinsettia Avenue, in Section L To~hiP:? South, Range 25 East. t'¢tition V.99-1, Richard D. Yovandvich representing Coastal Beverages LTD. requesm~g a 17.S foot variance from the required 50 foot front yard to 32.2 feet fi~r fi~e proposed expans,m ,4'a ,,varehousc complex approved in 1992. The sub.leer property i,~ Iocalcd at 4747 I'mgte',s :\~ e:me m Section 36. 'Fox~ nship 49 Sot, th. Range 25 East, (-'oilier County. Florida. l/es. 99-179 I'cution VAC 99-004 to vacate thc 25' wide drainage easemcn! on Lot 4. thc 25' wide drainage easement on Lot 5 and the remaining 12' wide drainage easement on Tract A, according to the Plat of"Quail Creek Plaza Phase 1" as recorded in Plat Book 15. Page 73. Public Records of Collier County. located in Section 20. '['o~,.nship 48 South, Range 26 East. Re'~. q9-180 .\i:lcnd I}~c Park Impact Fee Ordinance to chnli:l,lt¢ the collection of ('ommunity Park ICC'~ II1 lJlO .MalCO Island JIlSlrlCl, }rtl. 9%23 18. ..\ I).l () I '1~.5 IN¢)I'IRIE."; ('()N('ERNIN(; ('IIANf;ES TO TIlE Iff)ARI)'S AGENI)A SIIOI:I,I) P,E .MADE TO TIlE ('OI'N'I'Y .-\ILM INISTRATOtUS OFFICE A'r 774-8383. 9 March 23, 1999 A OF C N M 0 ' NG ~.~__. ~~FINAL ACCEPTANCE OF WATER FAC/UT'lES ACCEPTANCE FOR 95f MINI STORAGE. (STAFF'S REQUEST) A_.j~.j~__~~REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF LONGSHORE LAKE UNIT FOUR AND APPROVAL OF THE PERFORMANCE SECURITY, (STAFF'S REQUEST) ADD: M[[~_.,,~ 4 ._REQUEST TO APPROVE FOR RECORDING THE FINAL pLAT OF LONGSHORE LAKE UNIT ~ AND APPROVAL OF THE pERFORMANCE SECURITY, (STAFF'S REQUEST) ~i~¥?~'.~,~ ~. ADD: iTE~REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF LONGSHORE LAKE UNIT 5-C AND APPROVAL OF THE PERFORMANCE SECURITY. (STAFF'S REQUEST) AD : I - REQUEST TO APPROVE THE FINAL PLAT OF ~CANDLEWOOD THREE: (STAFF'S REQUEST) ADD: ~REQUES T TO APPROVE FOR RECORDING THE FINAL PLAT OF "ASHLEY GROVE; (STAFF'S REQUEST) ~DD: L~REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ~lTfE CLUB ESTATES~ AND APPROVAL OF THE PERFORMANCE SECURITY. (COMMISSIONER NORRIS REQUEST) D: 8 9 - ESTABLISHMENT OF AD HOC COMMITTEE, THE PURPOSE OF WHICH IS TO REVIEW AND REVISE CLUSTERING AND NATURAL RESOURCE PROTECTION STANDARDS FOR THE PROPOSED RURAL FRINGE AREA AND TO DEVELOP AN INTERIM POLICY TO BE INCLUDED IN A SETTLEMENT AGREEM~T WITH THE DEPARTMENT OP COMMUNITY AFFAIRS WITH RESPECT TO LIMITING LAND USES IN THE RURAL AGRICULTURAL AREA PENDING COMPLETION OI~ A COMPREHENSIVE STRATEGIC Pt. AN FOR THIS AREA. (STAFF'S REQUEST) : f . REQUEST TO ADOPT A RESOLUTION DECLARING A NEED FOR AN EDUCATIONAL FACILITIES AUTHORITY TO FUNCTION IN COLLIER COUNTY. FLORIDA; AUTHORIZING THE AUTHORITY TO TRANSACT BUSINESS AND EXERCISE POWERS UNDER THE ACT; DESIGNATING AND APPROVING THE MEMBERS THEREOF; PROVIDING AN EFFECTIVE DATE. (COMMISSIONER MAC'KIE REQUEST) -2. ~ 'E ~ = : . ' .... ~ f - PETITION PUD-82ola (f) KAREN BISHOP OF PMS, INC., OF NAPLES, REPRESENTING HENRY KREHLJNO, TO REZONE LANDS NOW ZONED PUD TO A NEW PUD TO COMPLY WITH THE SUNSETfTNG PROVISIONS OF THE LAND DEVELOPMENT CODE. (COMMISSIONER CARTER REQUEST) CON --U - ". E .-- - .' - - - f2 :- .'- PETITION PUD-9&.13, R. BRUCE ANDERSON OF YOUNG, van ASSENDERP AND VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPO~ON, REQUESTING A REZONE FOR LANDS ZONED *'A' RURAL AGRICULTURE AND "PUD~ PLANNED UNIT DEVELOPMENT 'PUD" TO "PUD" FOR A NEW "PUD' PLANNED UNIT DEVELOPMENT TO BE KHOWN AS COLLJER TRACT2f, FORMALLY BEACHWAY PUD. (PETTI7ONERS REQUEST) 0 N E '1' - 70 PRESET THE CER77FICA TE OF ACHIEVEMENT FOR E~CEZ.LENCE IN RNANCJAL REPORTING TO THE BOARD OF COUNTY COMMISSIONERS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, ~997. (STAFF'S REQUEST) N TO i f ' 2 - TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEM~ 30, fBg& (STAFF'S REQUEST) C N NU AP f3 : f - RESCIND THE AWARD OF A CONTRACT TO ALJJED TRUCKING OF FLORIDA, INCJC. B,E, TRUCKJNG COMPANY INC. FOR BID NO. 9&.2900 AND AWARD A CONTRACT 70 DOUGLAS N. HIGGINS, INC., FOR THE TRANSPORT AND PLACJ;MENT OF BEACH FILL MATERIAL. (STAFF'S REQUEST, WAITING TO RECEIVE PERFORMANCE BOND PAPERWORK) NOTE: M f~ . RESOLUTION LANGUAGE HAS CHANGED TO ACIOVOWT. EDGE THE SUBSTITUTE ,~.I,L. AND AMENDMENT. PROCLA~A T_rON WHEREAS, amidst the beauty and bountiful natural resources of Colh'er County, the community's A4OST important resource is its people; and, WHEREAS, the population of Collier County i~ made up of a ri'ch, diverse mix~ure of people from many different racial, e/bm'c, and cultural backRrounds,, and WHEREAS, WHEREAS, WHEREAS, the aoard of County Commissioners of Collier County is committed to the deve/opment and execution o£ pubh'c ~/ict~s ~hat en~ace the hea/th, safe~, and we/fare an~ enhance the qua#~ of h'fe of A~ residents and visifors; and, the Board supports and applauds efforts in the communiW to break down barn~cs and build brid~es of undecstandin~ amon~ people of different racial, ethnic, and cultural backgrounds; and, on Tuesday, ~acch 80f !999, the Flor/da Humanities Eouncil and the Naple~ Bcanch'~of the ~merican ~oc/attbn of Um~ersi~ Women ~ilI co-sponsor a 'Ot~lo~e on Diver~i~,pro9ram at the ~ ~a~ U3rary at 850 ~entcal AYenue /n Nap/es from 7:~ to 8:30 p.m. "' ' NOW THEREFORe, be it p~oc/aimed by the Board of County Commissioners of Co/lief County, F/onda, that l4arch 3B through/pray 3, 1999 be designated as · DIVERSITY WEEK in Collier Couqty,.and residents are u~ged to.support and attend DONE AND ORDERED THZS A~arch 1999. BOARD OF COUNTY COA4Ad_r$$iONER$ E. BROCK, CLERK WHEREAS, Afaster Gardener WHEREAs, Coil/er County Governmen~ ~; the Coil/er County A4asfer Gardener Program offers opportum'ties for citizens who wish to volunteer' in a diversity of different ways,· inc/udin.q plant ch're'cs, garden workshops, recycling garden demon- stratlons, authon'ng art/c/es for the newspaper's garden pa2es,' and, WHEREAS, A4aster Gardener volunteer/sm results in the resolution of over 6,000 problems for citizens of the community; and, WHEREAS, last year A4aster Gardener volunteers contributed in excess of 2.170 hours of service in the plant chh/c a/one, or the equivalent of more than one fufl-h'me employee; and, WHEREAS, last year A4aster Gardener volunteers contn'buted over $26,000 in services to Coil/er County Government: and, WHEREAS, our community, h. as ~ one Dj its ~ attributes the lushness of its horttcu/t~re; and, P. ~ ~ ' ~ ~ "~ .~ q,~ ',, commum~ wou/d bdoreaf~.r~duCed , ':'~ '{';~ ~ NOW THERE~q~rb'~,. ,_ _it pro~/aimkd bx th~°a/d of COunt) Commissioners of Vo/h~r abnty,'F/orida,: aat ~arch 2i- 27, 1999 be ~eS~nated as ~AST~::GdRDENER ~P~E~A ~q~. WEEK IN COrm COUN~ opportun/hks to our re~t'dent~ and vt./tots. DONE AND ORDERED THIS 23rd Day of A4arch, 1999. BOARD OF COUNTY CO~/H£5$IONER$ COLLIER COUNTY, FLORIDA PAMELA 5. ~ACKIE, CHAIRWOMAN BROCK, CLERK WHEREAS, the Economic Development Couno'/ of Co/h'er County, through the Pubh'c/Private Partnership with the Collier Count), Board of County Commissioners, strt've~ to provide economic opportuaitt~s for our youth through specific efforts to retain and recruit businesses which create high-wa2e, a economy ore needed to ensure the economic stabih'l), of our local community; and, a $ood education and/aspiration is essential for our youth to value free enterprise, business and economics to improve the quoh'ty of their h'vez; and, WHEREAS, WHEREAS, the current and future success of our studen ts is dependent on the cooperative relationship, of the entire community,, and, the EDC recognizes the importance of providin~ h'nkages between the bus/ness community andALL levels of an inteqrated educat~ - WHEREA~, the ne~d~ ,of ~h~ ~m~z commu~W,i~ for ~ well-educa ted workforce ,, :.. :.%. ~'~.~ , ~n. , ~[, ~.. ~f~, ~omm~ys~n~s ~na the Economic . ~, . · ~. ~..; ......... ~ffort$ and ann urge e~on~ ia rec~gnlz~'th~ /m~ance O f preparin~ our youth h~h School, vocatt~nal sbhoO~ eommvm.~ college or a fovr-zear DONE/ND ORDERED THI,5 23rd Day of A4arch, 1999. ;T:.' BO/AD OF COUNTY COMMISSIONER5 dOttiER COUNTY, ?LORID,4 CLERK 7A PROGRAM SUMMARY AND FUNDING REQUEST Presented to the Board of County Commissioners March 23, 1999 I~TED ARTS COUNCIL of Collier County 1051 Fifth Avenue South Naples, Florida 34102 Phone: (941) 263-8242 Fax: (941) 263-3830 E-mail: artalive@naples.net State Ordinance County Flesolulion [le~luest Letter Vision Statement Program Summary Arts Forum Membershii~/Audience Newsletter Ch, 2,55 .......... !t!_EI/,ORIAL__~ MUSEUMS~ A__~ND.~FJN_E' ARTS 7A 265,289 State theater contract organizations; audit intormation; ndmission fees.-- (1) DEFI~;F[IO[;.-F-or the purposes el ;:, .::,..:., ~... ¢.. . ..;., '.4.;,~m,.;~,,h-4il,rK~r[:~C)t,.o[,(~ ':' '. :',' :': ~e', .." ,.~ ",, ,' .; ,~'; ~s conhdenlia! and exempt ~[r.m:,:.!ea(edth~ [,~,. ~ . u ~"t, ,~(.r:t;t ..' prospective do~s is co~i. ~'*f,'2rr a (~ %':;:'~ ~.tg;~r 7,tho~ h~5 identihod tho pro- [,orforrnance (.,f ~ 5t;:h~ theater corllracl org;Ini/al~on shall bo v.,ho:ly retam,*d by lbo conJmcl organization 2C5.2501 COCOI,,Lt Grove Playhouse Trust Fund. ri, T~,.:. !,,.t.:L, rrt;:',,~r,J ?;,'~ Cr,c.';r~,F. ;".:," ':" *' '' ;: ' fi !,- ;~rfrt~:,~r't,r,,,t[7 · :: f ,' ,,' ' :' ;.'f;;r' .' !:,' [)~';,>;:qrl~,..r4 cf ,: ;. ,, .r, :; ,, .,...;,,::./lho[Jrr;,;¢!m,,,n:(:: ,,.. .,. .... , ,.,;. ;,':, r ~,, .:, ~!l.', ~,,;~r;:., ; '':'; ' , · ', ....,;'.': .,'!.;r,.. {Fi, A;; ',''IL (fCp.'?E4,'~ {t,|O the Cocor',ul ~ro'.'£, :;,, r,=.:,;~ The '._,:,:;~5:;:'..;r,, .'.,h,.,rl appropriate hem JUt,'?, SUCt* .R?;OUr~f, ;15 I: do:C':"llS necess,hr,~r ~c,r 265.32 County fme arts council.- PO,r;E - E{t,;ll COtlr, l) of I!;(; 51;'t!,'.' IS hereby ;'e:.:e(l ',..dh afV.,r rr, ferred to ;15 "r';,OtJr~CI;' Or 'arts COLJnC,I,' ~ ;)ubhc (;Il Stmlul~dirlg g:e;tlot governmur~hlt and J~lJ[)hC ,q','.;'tronoss ;'lad apprOOahon el Iho ~r~qpor'l;lnCe of tho ,'iHs to Ihg peqple of Flonda (b) [-]ncour;.,~3in.q ~rld facihlahr~g ¢~re;dor ;ired moro efhcic, nI u.oe of ,~;overr, mc.n',n! nnd pnv;llo ref, r~tlrrTC,.". Ihe del.,O!opmenl and 5uppOrl OJ Ihe arts. (2) M! Ml!!h':itl!'A~;[, gono~al i~is ~i(,eds ol lbo people m lbo cour be sewed II Minll be ~emembored Ih~l member will t)~, ch;l~(lod wdh lhe res ~)"C'~:';I;~ ;U' ,!' ~'.' ,', '.i:~ Li!( ~ ".'~ r:i* '~', , ~ ,', 'i'l ;l'h,~lhUl('~, I0, ;Ir ('VQf. 1II fi:hr,g .r;. v.:m:','W v, Mch occIJr2, anOltmr ,trl'! r"l%r,,',) (hfh rerd Iml lot co %l~f'f;!JlOrl ~ h:, ~(,, ,:'', 5h;il[ COn[IrltJu IUlfiJ ~ tel,!;tCOu,)n: hh', I,, ':n f,~und tO) fall lbo Th( (ourmH ',ludl fTIHkO [110 general i?~[,OC~Od, t,y Cr*rllplylrl(l'wdh tho rloJlcO ;llld publk r~qLJirom(?FIG o511t~h~,ht)(J ltl par;igr;lph (I). Tho< tlUIfJ/~ hy rhOffl~,)(~tO f~f ~hO public; fepresenlallv~' hd>or, and ( ~JIhJt;IJ ;t55oo,qliO:lS; nnd groups wdh oncourhg~ng Ihe (J,wolopmenl and the arts before sut)mittmg any list of cnndidalos bored of county c~,mmis~ionem 3. Them ~h;d~ J)e an e~ officio mcmber he n member of the hoard ~1 county commi~sior he designnted by d lh,~ council tony 410 q'IVE OD COL[.I~ COUNTY FOR PURPOSES OF PER-. COUNCIL AS DESCribeD TN Clt;,.~I'EP, ~S5, F%OR]DA 5'FATUTI]$. b'ii: h[:/,$, ,:aCh Counly ;~r t '; Cc,ut,ti I i,ur:;u,-,nt t o Lhe pzovi~jon~ Of ~ ' ~G5.)2, a Stimulate greater govefnmenkak and public a~areness.and appreciation of the importance of the ar[~ to the people of Florida. cf/.ic~ent: uae of governmental and private resources for the developmen[ and support of the arts. arts institution~, community sponsoring a~ts activities, and audiences. {'. f;u[".'~3y and assets the needs of the arts, ,-,r tt in~,titutions, community organizations :.ponsorlr, g ar Lc activitlu~, and people Of thu 5taLe re]ntJng to Lhe art~. :. gu[~po:'t 6;.d f;icJlitate the preservation dnd growth ~-}f the ~Late'5 artistic resources. '~. f*~'.'t: the cJLiz,:n~: ~f the County and St.',tu in tim ,'Jr Col ] lc:' County to carry eel the {uncL:ion5 o~ the ........ ,:-;, the Naples Fine Arts Society, ]nc., Ju ,s nan-prof:t Florida corporaLian, representing firm arts organizations in Collier County, with purposes as described the Articles of Incorpora~io~ of' the NapI'e~ ~Flne Arts Society, Inc., a copy of ~hich is aktached hereto and incorporated herein by reference; and WlII;H[~AS, Chapter 265, Florida Etatute~,' does not prohibit . [::':vaLe non-profit COrporations from Serving 'as the official ~oil~er County r~preSent~i~ fq~'~urP°se~lof.:effectuat~na~ t;O;.; TilEREFORE, BE IT RESOLVED BY TtIE BOARD OF ~OUNTy CO.'C'IISSIO!;ERS OF COLLIER COUNTY, FLORIDA that the IIaples Fine Arts Society, Inc. is hereby appointed as tile official representative of Collier County to.promote the fine arts in Collier County and to obtain?i',i, State and Federal funding throuch grant applicatlcns when suChi'gran%s are available This Resolution adopte~ after motion, sucon~ and roll call vote as follows: . ~ Commissioner/ Cor,~issioner Com~nissioner Kruse ~'btioned ~nd aye Holland Aye ]'is tot Aye V°-q-~; /J~:;c~ and ~o~: voting BOARD OF COUNTY CO:'~':ISSIO,'~ERS COLLIER COUNTY, FLORIDA By: _~J/~/~2- ~,~.~~z~___~_c Cor~issioncr ,;~, Cor.mi~ ~ioner ..'b,.,TED: ,'~prll, 24, 1984 377~ ~ ~ Approved as to form and Col!ier Co.~nt.! Attorney UNITED ARTS COUNCIL ~!/ (/dlirr G,,O, ".,\1I It~c Aris l'(~r All thc l~c~l~lc'' Dear Mr. l:ernandcz: ;: : \Vt :irc requesting to be placed on the agenda under tile Public Pdilion scdion of Iht M:~rdl 23. I~)~)S m~'dit~g ¢I'thc Board ol't'ommissioncrs ol'C;ollicr County. We will bc t~diticning ~l~c I~ard ,,l'/',~m:~i~.i,~ncrs lo f~r~Mde tinancial s.ppod Io lhe llniled Aris '1 hc I :~li:~.d ,'~r~. ('ou~lcil has b~.,l~ n:~mcd lh¢ c,l~i~i;~l represenlali~ c l~ur?¢sc~ cf pcrli~rnling thc' fllllclJolh ol lh~' COllal~ fille a~S COUncil I:l,~ri& St;~tulc.. and bx rcx4ution ~SJ-Sl. ;ido~Icd by Ihe Board ol ~ l I I ~.' ~.'I'~.' ] \ . Jox l.cl,~l~ck UNITED ARTS COUNCIL ,,/'(7ollier (2;,~,~O, ";\11 linc ..\ri.', t't~r All lilt.' Per,pit"' 7A l,q ~rdcr ti, ;~cc{'~mptish :his x'isi{m, thc IJnitcd Arts (.'¢mncil xvill: I'.nh;~ncc thc artistic qu;llJt)' ol'lilb in Collier ('Otllll}' J~Jr both residents ;it]ti x'isilt~rs NkiinlzHn ;~ high Mci ~t'qtml/ly. pr~qTssJonalism, creativity ;llld diversity in thc ;iris l'rovidc liaison within thc ;lrls commu~)ity I'rox'idc technical ;~ssislance and plannjfig, for thc aris I'r,~vi,tc thc c~mlJ~:tmity with access 16 ille}l~s + I~c~,t~r':~e fin;tnci:d st~pp~rl ~i'the ;iris. ' I I:>.c~.rpJcti Ii, ,~,1 "l~,x l;l~ ~ ~I'I 'nitc, I ..\rl~ ,,~ncil ,~1 ( '~,llicl' ( '~lll~l>. Jnc .". krtictc II) 17ti! Sit,it' l)t'~'igt*tttt'd It,cai:At.ts Ag,,.cy for Colli~,r 1051 5lb Avcm~e Soulh · Naples. Flori{ta 341(12 941/263.,x2.12 · F;~x 9.11/2(}3-3830 · e-mail # nrlaliYe(4 naples.net UNITED ARTS COUNCIL I. Inil{,d Aris Coun¢:ii lhl~:l~grouml ami Program ili/lhli~hi.~ 771L' afL* ~u'c ~divc ~III~./,L'I'~YjlI.L, /li,t~.L~t'?' ~It1~[ ]~.'11('t' ill ( 'oilier ( 'f',lOll~ ..\mi thin;.:.,, have clmn~cd. ('.llicr ('¢L]my is now hom~ to nc;Lrlv 4() ;u't, ;md cuhural ~?r¢;mi/;~ti,,n~ ;m ~cll as hLmdrcd~ uf imti~ idual arlists. Wc h;B'c 1l~fi~ in¢ IlltlSCLllllS. ?Iici'it:,. hi,:;.~ric h,,u~cx, tl;mcc If,mpc,< mu~ic;d ¢~ulpx. litcJ';u~ ,u?m/aliOllS taxi thc hl,:h:-dc.',i¢lmh.'d h,c,~] mi', ;a:~:]l,.'~ h~r t'tdlicr {'otxnt.v. thc I :nitcd/~]'I.~ { 't,tm,.'il i', dcdicalcd lo scrvin~ thc ctdlui';d II¢cds o1' ;trliMs ilild orgaIli/;diOllS, lis mission i.~ Io promote thy ,.:'ro',~lh mM dc~cI,pmcm ~d'all mli.,,lic dis¢il~lh~¢,,, il~chMin/&mcc, fl~c;~tcr. music, lilcr;mlr¢ and linc ,,'i:~tmt urI>,. 'I'o cm'rv oil[ {his 111issioI1. IJl¢ I :nho. l .,\ rl,; ('~ulncil .,.;l'~oll.,4ors sevcr:LI pro,..z'r;uux T/If' ,%h;lC I I¢.{I, 7A tim|cd' Ar~.'.: (',,uncil'.s .,\r|.'.; Forum (see al~a~hed. ~ ~ ~ lis0. .F°rUm men'd'~e, rs mcc'l six times ~l',;~iltS I'l~t'x c included Ii,Ids lo l'~Ul-Ch;tsc :irt SUl'~l'dics I'~r children ;il tile Iiiii11~,l..;~J~'c ('hild ('iii-,.: ('cili~..I- ;l~ltJ ;i C,SlltrJI'~tllioll l,i'~\V;lt'd Ihg Cfi.NJ ol'ct)llstrtlclillg {111 "ill'[ 111:17l,."' ~.lJ LI J~J~.',:lJ ~:dlcr.v. ~,"erT Sliecial Arl,s SllC]l ~lS t~I~' ~;lll]~'s ~'i)lll;~ll'S (.~Itll~. Il;IS presented thc Vcr) Spcci',d .,X,'~s I.'c~lival l,, pr. vide ;,'~ experiences lbr d~vclopm~nl~dly d~ln)'c'd nnd physic;fl l)' ch:dlcngcd chihlrcn and adult~. Thc 199~ l~sfival illlrilcted l ~ children in addili~n I~ lheir I~arcn~s and ch;:l:cr~:zlcx. In 1~):)9. thc I lnitcd AHs ('~:uncil is dcvcl,)l:in,~ "t'a:::l: Iml::Ovlc)." :l c'~calivc Ihc;llcr ~J'~:up inclt:cli~l~ diverse iml~ul:llions. ^rlists Ile~i.stries \'ari~tls d;lt;d'~;i.'-;cs, li.~ting~ and lilts -l' inll)rn~:lli-n rc¢;irdins individual artists ill all disciF, linc:-: arc maintained aL thc l Tnitcd Arts (.'~uncil ol'liccs and are available Itl thc l~ublic. ?A hotels ;md x isitors' cunturs. Tile n~'wslcttcr COllI;liIlS all eXlcnsive calendar enjoyed by visitors and residents alike. -,, UNI fED Al;liN COUNCIL ARf~ lrOlllJ,~l 7RO 1.000 I1() 20o 1.200 150 AtJ(lh:n(:e c NIH) l (,till 20 850 JO I.I)O(I I. |Ifil I );mcc Ar:, 5 2 (~1t. lllll C~IIILJr;H 21)(J 12,5(m '~ Ill II),(l(l() ~ ,1 .\'.lc: 'lhc l.l.d c,,mbiJIol ;UkJlL'll~.C l'l,r Att',, lorum mcInbcr,~ s~ill c~,cccLJ ()00.000 pc.pie I:~)r thc \'~lunlc 5 [~uc I :\ Scrxicc ~I' the l.!nilcd ..kris, (kmncil ~d' ('~llicr ('~,unty SIn'in~ 1999 Dig It! UAC -scats" "Dig the Arts" at thaf~ nickn,m~vd "lhe 'l h,mk~ ;llCIII~'I [~l,b Ik'rl:n.;r'.n .,.I.,,.. ,,lcdrut' i. uP ~hc ak'a. thc .,dlcd 'l)lZ Ibc MI." ,,u %la:th 2-' h'. .t~l,[ ,b qk' ?]:. :' ','.~' ~" ~'.~ nmn:P, r,, pcp ;;. lJl~ .Ill, iii ( ~']~i','t ( ~a;1 Nil lllc:t m:u:n;...:, v. ci': .:. Iced lh,'n I} t,, 14 l~'c- .~': ~sil[ .c.~,tn~ :r.q'[l: , lhv t'.',,IM, - ], :.'.: d .,t '! ia, .qu Lowdermilk Park all I:l':lNIlllllIII) h~ I~.'111~.,.' alld Iluu,'h;l'.v plvlv ~ilII, all ]t'lhilllUrl~ .llll~h. T, llvIil alld hih;llilla .~ll:It'l,i:li lhi%t' hncd :[.lilt t'l~. lllll~It hills mid -lII[Cl~ [::till ,ii hdll h:llil lIIlt'l~;l]'l lhIlql?h::lll {}ltI II.l~l { }:I~I:t'[ ~lllOCl~. lll~ll~, b,:rl~'r ,h: ,Il qll.lllcl~ ,dld l:lll h,nhl~ dlV ,Iii i,ll %~I :.2[.lb }:,ur ftc,it h hl,tli[cl .dul It,';nl :,Il ,,~cl h, I ,t~dCluulk J',l;'k :,l Xl,:ttlt 2' ~',,u'll lc.df', th2 thc ail~ In Brief What: D,g rhr, Aris When:n',:,~n 27 1999. Where: L r, ~rJer m,l;t Why: }'o ha,e run ¢ltld *,tlppolt the rift',i Want Ads Diggers wantedl fri~s. ~u~rters and mem~rs Of Ibc United Arts C~tl ore tnv,t~ lO s:~n up in ~vr~nco [~ p~ime dtg hines Volunt~ ne~ed! We ~hll n~ ~ol~nl~s to ~rK on ~uch 27. I~ you con s~re ~ h~e o~ ~o ~r~ o~ y~r ~ek ~l~ vote tic[ets, answeri~ questions, ro~in~ Ihs> [~ch ~ what Prizes gladly acceptS! ~nol,~$ are shll be:ag .ccept~,d for i.:zes tha~ dig.ri ~n rm.ic,rmnt~ can win For m~lance c. II u~ ,I yoa can conlrl[~t. a from~ wadi of art ~ o cert,ficote for ~rvices caf or o ~t would ~ n,ce. t~ Diggers Hotline Call the UAC office t:t '2638242 Ia:' lost m,nule in[ormohon on 'Dhq the A~ts' o, Ta volunteer your se~vmces Or smgn up Jar dig Im~les I[ you w~ld I&e Thanks lo our sponsors: t I()N11{S '.: m,,,,,,,,,,,,,,,.,,,, Director's Corner Anyone fightin9 for o reservation at o fovorile lc>col reslauronl or wohing [or standby tickets to a Doffer. mance probably thinL$ that Colher County has enough roudsls. Why in the '.¥orld should we wonl tO ottro¢l more~ The truth is, most tourists crowd into the county for only a few months of the year. And ma~e no mistake aboul il, Ihey come because of our won- derful beaches, great restaurants and spectacu- lar hotels. But. there has been a shJt ,n tourism over the years A slgmficant num!;er of travelers are spending more vnet;hen d'.liars on cultural attractions. Cuhurol tour;sr'n ~,~. m Fact, rev,,r;hng the travel industry A recent poll talon by the Travel Industry Association of America shows that 27% of oil American adults took at least one trip that included an art stop and that 33?,, of all adults in the United States include ¥i$i~$ to cultural or historic attractions when they travel. Furthermore, savvy mor/~eters are o/'f. ring a blend of hospilalily and culture to create exciting new options for travelers who want io do more than romp in the surf or sample regional cuisine. For instance, hotels and museums in major cities now team up to offer special packages when a blockbuster exhibition is scheduled. In Collier County, the United Arts Council is determined to promote all the artistic and cuhur- o{ attractions thal we hove to offer to visilors year-round Thanl, s to the generous support of the Collier County Tourist Development Council, the UAC has produced the first~ver 'cultural map' and guide to the arts in the county, seek- ing re highlight cultural opportumt.es throughout the entire area The map is now o,,ailable at the UAC office and is being mailed to Trc:vel agenoes m Florida and surrou.ding uc~es as well as Io slate arts agenoes nahanwide Chambers of commerce and tourist comers lhroughouT ti~e slale will also receive The pubbcalion. Please stop by and pick one up, Send them to your friends all over the world Io let everyone know what a rich cultural environment we have in Collier Count-,... Sincerely, Joy Lelonek Executive Director Arls Alive ' I News stat cultural Affairs in New Hands Tallahassee-From Governor Job Bush Io S~%relar7 Of State lo the Colhcr Count7 req:gla. h'.c delega ~Or. the PerSons charge¢ ',',':th ';erumg and developing Floh,ja S OlflLk]{ CLJ[hff. Katherine Harris. lhe nevi Secfe[flry .'.,f SI,tie pronloh~ and p~otecl the Cultt~rjl en',ffgr;nlertl m funding cutl0re and {he aris wdh 3 P,trhCu- lar ~etlsltf;it,, to lhe relahorishlp bet:.een arts s[ale's ~ds ~gency Secretary Harris n~med Peg R,chardson A grCd¢alc of Eckerd College who 5lud~ed al [he Rmghng SchOol ~1 Ad and Des,On, I~e new dff~lor ~S an ~bl~ record as a v~ a~l ~a~u~nL S~ mosl With 8U~ ~Unders m~q t0 l~ Sta~e ~nate in a d~stricl .~at covers :oil,er County and most of Lee. Coil,er County is well repre- ~[lhough new lo the Florida House, Representahve j Dudley Goodlelte ~s hardly a nfi','/f,!ce fo lbo United Ads Counol or any olher CotJrff/ He h~s been a Florida res~denl for 44 Ooodlelle serves on ~he board of mreClOrs Of th.: Flr,~:d,,i Gull Coar;l JJnwergd/ ,roundahorl W~shlnglon. O.C.-[}l{{ Iv%,. lhd cneulchc new cP;,llfm,tn nj lhe rJahonal [ndowmenl for lhe Ar's ti~d t:l~ hrf;l offlr, ial vJgl lo ~;o,lh Florida CuItlJla{ Affmr% Coun~d {hi also ,lwaHied Ihe flr',l ~y 99 tJ[A dollars In the C;ll,?(7~ry and tbr,g [heafre m Dade County ltl [anlp;j, lite Cm lemporflry Art MUSelinl Of Ihe IJnwersdy Of Sou~h Houda and lfle Soo,el'/ ol Norlh AmeriCan Goldsmdhs laffochnnalely krlow/1 lo some aS "StlAG"~ recewed funds Al meetings wdh lhe press and cw~c. n~s a~d cultural leaders. Cha,rr.a. Ivey dis- cussed future directions of the Ads Endowmenl and remi,ded lhe group thal t~ocgh lhe granfs a.vatded Iha~ day were d~recl OractS. Flor,da Jl~e other states, also ti[A block Crams th;ff ;IrC rc-qh~nlcd h,t thc ~f~t(r arls Lounc~l fur local prop:ds lU florida "Woman, .... ' scape 99" at Village Oallcry through March lO hl.h,lhLli J),,Itl,.' X1;i.L'Cll '.,,ill IcklIJIk' l'.'.ClltICl{{ ,~L'11{lll~, \[lh.';lll \lll'~'l{~.;lll %%lillh'll :UII'.{',, ;Il Ih:.' llv;~dq.;.h.'l., l,ihr;ll'~,. f:S(I (',.'litr;,I ,'~-t'.. Naplc.,, .. ~l;,ruh .1, ;,I ,:IX) p,lll. I':~'IT} ru;,dhl? fi.,.' litL'lIlIK'l% lit IPl~'l'~ ~\l'l:lllll. J '~;ll':l~-'",l '.',ill ;d,.:: h,.' ;llltJ "\\'¢'nl;ul.,~.';ijK, 'git'. i% J'nl{i. It..ll h,, ~hlnJ Ir,ill] JhL' \~,'lllllL'n'% J;llllJJ ( 'l Jill{ III,Ill I1.% I;lllll{ll;IJlluI *Il ( Arts Alive l'age 3 Winter Mini Grant Award Winners Announced T `'`'l~ ,Ill I~.'.I~.'JB.'I' Ih'iD ( ',Jlhc! (',~l. Jl'JJ.% [~ubllc ~h(~,l~ ilfltJ thc' ~;JJlJk'~ ('1Jllii'lJ J~,llld ,IlL* JilL' [t~[ IJllk'liJx ill lllllJl ~,lllJ~ illlltlJLII1CCd Jill' ,I;k.J[kJ~ iJJ J.lllll,l[) The ,~',[lh'~ ('t,l('('rt #~tltt/i~ reid'il II1~ Jund~ h} Jlclp illljlJ¢llk'~l tJtiJdrcn in (',,IJlcr ('l,lIltJ)¥llUIl~ ~hlldrcll ,tlc C'Xl~'d t~ ~aml .llaO' E. Ilultrrr h,~. ,k'~ I-cd ,~ [~1,~71.1111 II!~ll IIIC [~l,lJl .lit ,did ~lC,t~llm~ Iht lllLll.lJ. I }1['11 thC) ~ ~}l ~'~1~' ,md ~Ja/c Ibc lilts. I,dcm,,'d i,I ,m,h..nl., m umhllc ,llnl hl.,..:h ,.,.h,,,4, m (',4hcl ('l',llll.~ `'`' ill I%'lt,..'lit If till! J"r.l; /ltt~,~i.J.'~'~ J')l'il~r;llll. I:;ll/h iL'ill'. %111- tJ~.'lll ,i[ll",l~ ,llJ~'lliiJ ll')~ll~.' Ih,lit ql)~l J',i~.'~..C'., ¢~J ;lll~.~.l)l[ Ill IJl~.' ('~Jhcl ('l~lllll) .,~1't 'J,~',l~.Jit'l'~, :¥~'~llililJlllll [ll'J ~.'l}lllJ~.'llJllJll 'JJlL'll t%.'IIF(.'i.J ~.lrJ l~.';.t(, h~.'r,. Jh-il~.' illt)llJ~..~, lip,.. :~',,.;mh..d Ill 'qlldCnb, ill ;ill IJl~.' l. lilk'l['lll I1K'¢h:l i. ilJ~.'?~lll."~. 'J IIi.° ['lliJt.'lJ m.'\l r(~und ~,l nJlill '.'r,ml, thi., *,pfmp. Ibc dcmlhnc Is .M;0 I .\hllcu~'h ,tpJ,h,.;tlll~ '.'~ h~, lo. cc'.,._' {untJlH.,.2 %c,H. ~,lllvr., llhl.~ ,'[',lt'lq] ,I, ~,rtL';I il~ lilt". ,11~,,~',¢ .'\, lilt' J'llih.'~l J¥ ;l['~Jk' Ill Ill~. f'~',l~.l.' filL' IJlllilJ*~'L'i .llid ~,l/k' ,.lJ)jJJi(,illlllll lll£111 ,llllJ Jl'~l Ill kllh.'llll Jill Iht.' IIII111 President's Message MarJIy, Brown As our major fundraiser for the United Arts Council. the "Dig the Arts" festival breaks nevi ground. To my knowledge, the idea of digging on the beach lot prizes ~s a brand-new one'. I: certainly is an exciting via'./to make beautiful Lowdermilk Park play a role in our fundraising activily. It also makes it possible for participants to include the entire family as we show the communi- t'y how lhe UAC pmforms as an umbrella agency for the arts in Collier County. This festival has it all--art, music. drama, dance, poetry plus food as the lures to draw everyone to the beach to participate in our dig-a- then. Alter contributing to the dig coffers, participants will be issued a shov- el or some other suitable implement and provided with the opportunity to dig up shells keyed to wonderful prizes. Then there's the sand cas- tie contest to give budding architects and sand sculplors a chance to show off their skills. So those taking part in this great beach party can have a lot of fun, win fabulous prizes and support the arts all at the same time. How can you lose? · Page 4 Arts Alive Little Theater Gets Bigger in Naples Remember ~.shcn p,.',,IqC u.cd I,} t,dk ah,,ul '"l title Ihc.tk'l" ' h XVclI. "hulc" lhc.~lc[ ha, ,mnc .i hul~ x~,,x In (',dhcr ('t~llTll}. ~khcn 'lhc N:ll}lu~ I'l;i}t. rs ,,pcncd thc hC;Ulldl;I, xkcll om, cixcd pan} opened x~ ith "l crater I.i¢~J' ;md ha, ~'cn B'rl~rlllillg ¢~cr ~incc. hVllcn l.,mham m~ed h~ .Mhmta lo attend a Iraining ~o llano thc I'cli¢;in-. 'lhc5 oJWIlCd "J;duc;iting Rita" the ,¢CtJlltJ ILn.cmblc and N;qqc- {ClXq'h'rx -J he.lire. Thc lurnuxcr i~ high lot ;ti thc end ~l .htllUa~? cadt xtat. N.Ihing i', ,acted. fl,,m profil~ Inml ( )ncc ill .~[~ hlK' I~'1 j,llllldllt¢~. 'l Jll~ )[.;1[. ~JlY lilly ~,l~tlJdll'l jK.~O[lli )t'a[ ruuml. 'J'Jlu~. lhc tlo~ pr,*[Jd t~ ~l~,n~or thc CJI) 'l'husl)i;ul Sm'Jul) For 'lYens. JJrtlltlcJi~la~ include MiiilIliL'r ,he; pJ;ty~ and ;i (jrllJlJl iil¢lll~r~ ilJM} jK-rJllrlll ill llllrMllg JllJlllt'~ J:l~J il.Ill, ill Iht' NiiII'i% ('ti itt'r, J:tJ[ iB~JrL' iiifol-iil;llit~ll '[h~ flcx~k'q kid~ on thc hit,eL c,m bc h~tllld ix'lh~llmllg in IlK' Iloll,md T Sall¢} :[lldlllffiuiI1 iii JLdi~on ('OllllHiilliJy ('t,llcgc. ~[t'llJr~ Ht, jJt, rllJr) Tht. lllrt' t,I Nuplc~ i, :t ii~mprtdil I~rt~l¢ ~tl~h ;l~ "A ('oupJ;~ WJ~ilt' {'hick~ Silling i~[iJlllld 'J'aJking." IJlc bi~ piclurc i~l lJlcalcr ill Ihi~ ,fica. ~,~ ~J~ ~l~ur~c]t .i J';l~q'. ;llld II'L';II ~ml'~L'~J' hl ;111 L'~L'IIIII~ I~J li~L'. ,i,mal Ix ri~i,t [i,,111Nc'.~ h'~ik (.'it~. thc gloup ,,pcu, ;i h,p[¢,d it'~ uc .dt,,~dablc. "httlc" Iht.cci. J'hc lOtto'n, x~ ill bc hi,z. . _ Barbershop Chorus Rehearses : Naples Concert Band Presents for March Show Pops at the Registry by Ed~..ard J The ble~poht~n shop Charus unde: ,he d,red,on o~ Bcb ~c~se~. completed th,ce Chr,s,mas performanCe~ a' ~c,ca' k ,d~ schooJs m v/Ih eoch schogl s group Proceeds were divided between Bo~rs~oppers ond the ~chooJ muSiC p~om~. This i~ I~ ~on~ y~ tha~ Jhe doppe~ ~eapohton~ ~ave metge~ t~eif loJen~ wil~ ~ingers o$ part of the "Youth Ou*reach Progrom ' Aher ~ ~ec6c holiday sch~ule that incJud~ ~v~faJ ~Jotmonce~ at p~,- va ~ unctions t~e Bar~rshop~rs are concentrahng on the group'S spring show. v,h~c~ s to ~ held on March 27 in ~he ~ew I 25Os~t GuJJ T~e 88 mon fqea~h*on Ba,bershop Chorus is o[way~ J~k,ng 'o its number ~'Te ye set me g~l o~ having ~ ~ men by tKe e~d OJ 199g Men o[ a~ ages who e-~cy s,ngmg a'e welcame to conlact me a~ 592.5778 Tom Morgan a' 5~6 i ~ 47 ~o, rehearsa~ m~ormahon and d~rechons by Karen [ Bortlerr The Nap[es Concert Bond ~,,I! dose Hs 1999 season on Saturdoy. Amd 3. with em elega,,l, Bos~o", F:,ps style e.,enmg at the Registry Resorl; ,,,,..,th guest vocc&',tx and soloists ]his Easter weekend pedormonce wdl beneht student schc:larsh,as I~ is the Band's only hcJ, emd F, erJo~mance dur,ncj the year alJ othe~ comeHs ore Jree Io the pubh', la~,deductibJe donahons are $20 pet f,etson A h~ghlight oJ the pedormcmce wil~ be Ihe [asler Parade, insp.ed by New York City's sptmghme tmdilion ,r, which ladies promenade to shaw off elaborate [aster bonnets. Set Io the popular h'vi~g Bedin tune, guests wdl ;.oll b~fore the stage or, the arms of dashing ~,scoft$ Jsupplied by ~he Bandl for applause and prizes There wiJl be a cash bah and Ihe concert begins a~ 700 p m For tic}.~t inJotmotiom ca~l 263-9,521. UAC Arts Calendar MARCH '99 Art & Museums The traditional French ' "Art Encounter 99 I Southw~,s~ Itt:mt.n% . . , . 5 Barbara Johnson ' : ..... : 7 The egg lemrera Pamhng~ .... '~2 "Tile FOund.rs E,h,b,t,oq . .... ~ 13 Croft Fo,r ~9 ..: .. ,. . :. 14 The od-on.linen pa,ntJng~ 16 Al Lachmon ..... 16 Jean Juhhn ', ~'-: 4,'~ ' Children 13 J C P,.nn(.y Fan.ly 1 ] "[stuary ~ysh. r y" """ '" ..... ' 29 "PesLv Push Ar ,,,!j I(.,qJJ,,,y J'4qpl,,s 2/'.'.3 1214 29 Charles Oruppe t,~d,,.s o,I Lectures & Discussions 2FIoridaBlackBears ...,i.,,~ .... , ,'r~I ..... 16 Naples Porcelain ArfiCs m,~? fa' ,~ l~,; ' 17 l[e~no International, Chapter J~, ~ ,~ C~a~! '¢,~sf C~ntry Club 2632778 20 The 11~ Annual ~wntown Naples Art 21 Six well.~nown artists c..,-. ..... 27 The Naples ArfctaFti,r~ · : ...... 28 The softiI romam,¢ ~am.ng,, . - 28 The 'S(holarshlp Show" , ......... 28 "painting ~ Town~ ~ a~ e,mhman :;,., ' ,,,,·,.r f lol.dq 4 Slephen E. Ambrose,. 6524 5 O~rgio O'Keeffe ,~ ~t,,, · /,, : ~94 4221 · ';:r,, S'-1 4b'' 8 "Middle East: The Peo,e 12 "Rau~d.,nbu~g: Man 13 "Critic's Choice," ~1,, ~t 10 am Phdh(,,~n,c C~ntr., 15 Carl Schwartz leads a brown bag lunchlime dis~uss;on sponsor~J ~?, the Naples Art Assooation 12 00 noon '[he ~.'on I. ieb,g Art Center 262-6517 20 'Brush Up Your Shakespeare,' o tecture se, ies By Paul Rathburn and Eld,ne Ne'..4on, looks at Od, ella 10 n m Phdhc;rmomc Center for the Arts. N.~ples 597 1900 o. (8c~) 597- 22 'American Quilts A Palchwork of Meanings, Purpose & Origins' ~s a look at the history and merhcx'h of qu,!hn9 presente, d hy C)u,h Prai,×t ]0 r: m Ph,lh,:~rmc.:,c Cer.*er !o' 22 "International Monetary Fund: Should the U,S. Continue Io Support?" ,s '!,scuss.yj Couno[ on ¥./oHcJ A;fc~,r'~ ,e.z~ure '~er e; 4 & 7 39 pm ,";cples Depot 43,:3782 26 Ann Coulter, c:btho, G! ~iGh Ct,me: ,'.t;sden',eano~s Fha C:;s.? .:,(;::.~,s~' ~,II CI, qte,. the '~c~!ur ..xt sp .,'x~ker at the ~iJ[ST d,rmer,. I,%ture se, ies 6 p m Ritz Car!tan riot. les 6433573 29 Susan Granger, ~*4e~ .'a4. ~nre.t(:mme~t crmc d,scusses the ,r'flue.cr, a: 'rO.qes and sion On American Cai'ute Part a; the SPES I~t'ure sene~ 8 p m Or. ho-.-~! 'J,nr'er also able V;r'eyards Country Cf:.B r.~aples 262- 006 I 31 Michael geschloss, %*~o~ of Fha P, se and Fail of ~he American Pres,denc.v ,s t'f~e featured speaker at the l'o.~.n Hall !~ture series 6 p m Music I Dance to the music :.~ t'e r~.aples So..,e~,,,s 1"; p,e.-eorches c: 7 ]Opm .~! Johnthe [-~mg,~,¢ ._:::4'~:)~,c C~';~.r:! oc,q h.;i! 566 199? 2 The Alma College Choir p'?'f'~'-'s ,n pm ,'/,r4r,ngs Pr%b/to.,:-:. C:~,.~.ch. 26 ! ~ ,',87 3 The Jerusalem Symphony Orchestra Der ~o,r.'s rF, e J,'r.,v;b:m ~t/erture iv afl, Shahc;m 8 p m Ph,lh.~rmo,.,c Cen~er fsr the Arts. r~-~ples 597 19¢~ or fdCZA ~97 4 fha "O~ra Gala~ ,s a spec .:~ Ph~lha,mon;c Cee'er ~or +e ;''t 5 The Vienna Choir Boys r¢/a.m 7 30 pm F,rst Preserver,m, Ch.,ch 430 2691 7 The Naples Concert Band prescott a con¢ert 2.4 p m Camhler Park Bring la~ chairs for ~tmg Alternate indic site is Naples High~l 2639521 7 'Mozart Serenade' ,s a Cham~r concert by t~e "~/:.~,".d mem~rS the Hoples Ph,lharmomc O'c~e','-~ 3 p m ~flharmo~ic Center ;~. 4-e /.'rs ~.:;:es 597 1~ or {8~)) 597-1 9 Folk icon ~rdon Lighff~t ~.r%er,ts a pro gram o~ old and new h~nes ~ ~ m Ph,Jhc.mon,c 597.19~ 11 "Wilson Plays Prokofiev" features the cam poser's Piano Concerto No 3. performed by Naples Philharmonic Orchestra & pianist Terrence YAIson ChrMopher Seaman conductor Aha tares ',.,'arks by Brahms & l.~zart 2 & 8 p m Through Mar 14 Philharmorfic Center Jar the Arts Naples 597.1900 or (800) 597 1900. 13 Nova Manta. a flamenco jazz group, per forms m concerl 7 p m Part al the City Jazz con cart series Bnng blankets or choirs for seating Camk,,er Park. Naples 435 4690 14 'A Grand A/samoan for Singing' L~'~tu.es C;',.,'ch ~'i.rples 261 14 "Classic I Muslci~ ,,. 4,,, ,,t!. of n Aud,'~,um 35'] 541.3 14 The Naples Music Club pre;ChiS ,ts scbslarshJp wmr!ers m concert 2 p m Fa,th tut.k.rr:n Church. t4rlples 435 Ii 05 14 The Naples Daily News Traditional Jazz Band performs a free concert 2 4 p m Bring Blah ~ets or cho~rs for seotm9 Camh~er Pad,. Naples 434 4690 14 The Gulf Coast Big 8and presents a free cart 2 p m Bring Blankets or chairs for Frank E /'/,acMe Park. Marco Island 434-4690 14 Chanticleer performs an a cappella concert of ,.'.'arks !~om :'i~e Renaissance to modern day 7 p m Phdharmomc Center for the Arts, No.les 597-1900 ar (8001 597-1900 18 Koala presents a percuss,o~ concert featur, mg anoenr drums and 18 r~.rfarmers 8 p m Phdhormon:c Center [or the Arts bioples 597 [ 900 or {800} 597.1900 21 Mendelssohn's "Psalm 42' ~ p,er[orn~ the ti, Oar,nbs Choir & O?¢hest,a Pr;rs of 21 A Choral Concert m memory o[ gr~r. Center Cho~r:ie & the t J,':pk, s PhJha.mon,c t)er[ormu~rJ *'OrLS b/ John t:um:, 730 Vander~'..,,it [')tesbyter:an Church ~.l.:ples 597 54!0 '~1 "A Touch of Trumpet' ,~ r~ concert o; wor~s !ire P~lclrJ~ql,h,a P,r:no "~u,~rt,)t /c~'rhjreS Tb,:~rr,e r ~<~p'es ':',d Mq,.:h 23 4. r) -n ~:t U" Ch,~..k .)( ,'.%" o hl,:,:d 4~4 21 Diane Bish, ~he f,r~t la(i~ oi ¢',e C~g,jr, fOrmS with the Fesh,,.~uf Cho~r & 'C)~(hestra 4 & 7 30 i') tn F,rst Preshy1~'~an Church. N¢~ples 430 269t 24 'A World of Pops' is a concert on interna. t,onal music i::ed~or .~d by the I~Jples Philhormon,c Orchestra Co~uc~-d ~y Erich Kunzel Features ~,iolln prodigy Danny Takr. x3o ar~J a chorus of Collie, County high s~hool sk.:Jents 2 & 8 p m Through ?~:r 28 Philharm<m¢ Cenler for the A, ts hJaples 597 1900 or (800) 597 1 27 The Neapolitan Barbershop Chorus ho,ds re:naM sba.. Gulf Cry;st H,gh S'hoal 3526366 28 The Naples Concert Band presen-, o concert 2 4 p m Comb,er Park Bring lawn chmrs for Sec:tm9 Al~ern.4re ,ndoor s,~- :s r'4aples H,gh School 263 9521 7A 28 'The Seven Last Wards of Christ' is per formed by the Naples Orcheslra & Chorus 7 p Easl N-:pies Methodist Church 353-5413 29 The Avatar Brass perlo~m., as pon o1 the PI,ilc~elphia P,ano C~(irJr.,l'% 'E,nerqing Artisl' ~1~. ~..'us~, Counl Brine and more 8 p m Sugden C~mkm~l Th~me, H.pl.s 434 Poetry & Writing 4 SPIN ([he ~:et/ of Pc.~h :n rJ(;ple~) m~ts 8 PAN l;%,.~s Arou;:.~ r~qlJe,.} mr?ts to sh~;re A ,'z,tl,~,~ 264 ] 195 9 S~side Story Spinners ,,.~:'s H.. s.cond Co Imf C ount.~ l,brar/ 262 6~53 Special Events 7 "A Gathering of Wine Lovers" olte,~ 7 p m /,t~ [~9ue Gl Mrirco Islrmrj 394 4221 8 The 5e(ond Annual Feslivol o[ fur,OhS and mo.e S~nsor~ J~y the/rie.d~ o[ the b[)r ./ Through Ma 12 Co bec Counly library 261 1 I The Marco Idand Shell Club hash ~ts annJal Cell show 10am 5 pm [brough Mar 13 Wesi~:~ Un:t~J tz, etl,~l~s~ Chu,rh, Marco laded 6426983 I I The 1BLt Aanual Naple~ Anfique~ Show & Sole ~c~ffures the country's most ~¢orn.mnf ,r: ,;-,. r,.,,~ ~.:d ri (lu:~J(¢J sou, o¢ *he show fhr~9h t~:r.i.:~ 2'~2 %53 12 "[venln9 on Fi[Ih" ,., I.d,,., . ~.~1,~ .~ 13 The St. Patrkk's ~y Parade ~t,.ts at 4th St.~.-,~ ~x~,~tL ~h~ough Old Db~pl,,,. k, 5Ih Av,,nu~ 13 Th~ 14~h Annual Naples S~a~uod F~stlval r,,er,, m'd r, a,,, Throuqh M,. I S t J<:l,l,,.. Al,t~, 424 ~,:~? 21 The Bh Annual Seminole Indian Days S,,~l/{.,~xJ'. S~o,e ChoLoloskee 695 2?89 27 The 7th Annual Bird 5how & Fair ,s ~nt~ by ~he ~thwe~t Flmid~ B.d Clui, 9. m 4 pm ~h~ Con~ervancy at ~lhwest No,es 355 2215 27 "Dig the Ads' is a t~,lofd evPnl build,n,] przes burir~ in lhe Sanr{, r],t~ & crr:~s e.h,b,ts mu,,c & en*e~tr:,nment towderm,{k Pork, '~'~)~e~ 263 ~242 Theater & Don(e ] Tchalkovsky's classic & r~ontic 'Swan ~s ~re~',~ b~ the Russian National ~llet 8 pm A~sO Mar 2 Phdhormomc Cenle~ Jor lhe Arts. Naples 597 1~o~(8~)597 1~ 3 The Friends of the Library preserb o screen · nc; o! /'ge .¢.-~,l,., £~'r>,,'ss M,,ef ,o,~ ~'.r,4a~g nee per[orm~nqe~ T~ug~ ~.~r 7 Su]~Jen CommumP/Theatre ;'kJD~es 263-7990 4 'An~hing Grass.' a ~hncal revue ~r- form~ by the O~ce ,n A.~hile Park Play.s. lam- ~ns I~al and national e.~ents E~ery Thurs & ~t ~rc~h AOr,I 3 8 p m Norris Centec Cambler Park ~34 mos,cai 8pm ~lsoh'w ~W2pm Center ~or t~e A.'s ~bmes ~97 19~J or (SCSI 597 ) 90) ]0 No, No, None~e, a nostalgic mus<o~ come: dIo[ the R~:rm9 '20s :~ pre~ent~] j)y The Through ~r/ 3 Sugc~.~ Commuf~i~/ [h~tre N~ples 263 16 ~e Miami Ci~ Ballet ~rform~ Bolanchme's Buga[~' a~d ~:m~e"s 'D S~mphon~e~' and Cec~e~ F? 'Fe ~"s rJ-::ye~ 597 ]9~ ? 5~7 1900 17 ~he Friends of ~e Library o,esen% :~e Get:ecu/ ?'.d Cc;)s 7 r: ~ ~:ol~ er Cc,/'/ 24 ~he Friends of ~he Library ::~e~em~ ~: (i lo9 :hdd "'he .~-:,. =; ,,,:, 7 ~ C~' Cou~?L,~,qr/ 2~~ '''~ 30 Fame ,s ~e e~c--;¢,c m, us<r~t tale of ~s APRIL '99 Art & Museums I 'To ~e M~n" ,s -in e.h~bit,an c.~tcd by NASA to ¢ammemarwe tke e~ha~ ~mencan or. ce tr,p to the m~n m Jo'/ :9~9 Through 30 Colher Cou~V Museum 774 8476 17 J.C. Penney Family Day allows free adh :s- I The "Scholarship Show" ,s fin e.h,b,t,on of s~on to the galleries, l0 a.m -4 p m. Docent gu,decl '~..orl. s by t~e .v.nrers C,[ H'e h.jh s,cf~"__,c:~ s~.*'_~nt art to~r at l I a m. and 2 p.m, Phifharn'K~i¢ (~nter fo* a Naples }x]sed artist Through Apr 10 Arse,mult C.,.'~Ilery, H..',les 263 I 214 3 'Art in the Park" ,s w~ Guider ad rla;)les Art A~rJhon ~0 ~ m 4 p ~ 4 New ~intings by Will Barne.. renter.r,g r~ theme al f~ple o~d an.~ls en,zas~ bt g~ metric nb~n f~ms, are ~. Thr~gh A~ I0 Har~-M~ ~l~y. ~es. 261.2637 4 'Summer Shaw' is a ~-j.r~ ~hibm~ 5 Diane' R~ EiI~ ~ cbs~ in oas 16 Art [~ d ~co Island 394.422~ 5 J~n ~herer t~ches ~atercolor clc~%,:~ Jot a~l I~els F~us is on ~,ols and tandscaF~s ~ 30 a m -12 30 pm Thr~gh Ap. 16 Art L~Jgue ~l~rco Isbnd 394 4221 11 New ~in~ngs by Caliph Browning mg an swim.rs m the wate.s off grenada are f~tur~ Throb Apr 24 Har~n M~& Naples 261.2637. 13 '~s~S of Photoj~rnafism' is on e,h,b,t al pho~raph~ ~r~s~ AI~ f~ are 'Clyc~ ~¢cher; V~s~ons loc the Ne~t M,llem~u~' 5a7 1~)o, {BC~j} 5~7 20 Naple, Porceloln Artists m.¢:, fsro ~,~: '' 2~ "Fiv~ Florida Photographers" ton 530-7~ pm Thr~gh ~y 30 The LieBig An Cent~. 262.6517, 26 A ~llery Gro,p E~i~fion o[ wor[~ numerOUS artists is [~r~. Through Mat Harmon M~k ~f~ry. Naples 261-2637 Children ~ ~Eco-Eosl, r Egg Hunt' ~tures games, Bay F~ Pr~.K to Or~ 2 S~n~r~ b~ Con~rva~y of ~thwest Florida. 10 a m -n~r, Br~ggs ~re Center, Naples 403.4235 1 "The Founders Exhibition" [~J%res ~X FOCU art pra~es~o, ~,'o,':,:', T Pa ~,e Art leqc;~.e ~; h',':r o ~ ':'q ',~4 1 "Animal as Muse" s -;~ ,-,~ Threaten .~p, 2 PF }:a~",.,= '-/.:',:, tlap~es 597 1~r~ a' (~?:') 5;? I The softly romantic paintings af S_,c~.;:Jmr:q r:.e [,.~:'~r~j ';',coq' Ar:. ,'."eel ~,~e./ h~-m~e; 2~! 75'37 1 "Painting the Town~ ,s 5iq exh~bd:on cF prJmt ingS [~turing Class< r~j:Onq[ landmarks. b7 Paul Arsen?ab ,n celeb,r:,,a~ of his 25th yC~lr the Arts, I"~ples 597.1900 or (800) 597 1900 23 "Creatures of Darkness n(,l~ro_ ~t~!jSOijrr~ O~ The Cot~s/~.r,,/(JnC~ Nan[es bJa~re Center bJnples 403 4225 Lectures & Discussions m,~ Nc;pies 591 4565 6 Dolphins ute t'.. f~us ~eb..ccr~ rd;9 of the ~tFh,n Pes~;tch Cfr... g~so,~] by the Colhm County Audu~n 7 30 p m The Conservancy ~rm~es 649 9754 7 CaMn Mllin, c~umm¢ 5~,~ 6 p m R~is~ R~.. ~ 261.6524 8 "Critic% Choice," the [mpular ~k revie~ · er,es I~J by Elaine Ne~on l~ks at The 7A S,.oll Things by Roy Arun¢lhqt, 10 o m & 1 30 S~; 1 ~YJ or (8(~) 597 I ~ 13 '~rch for ~e Lost ~ve' ~r,,~ h/})+(~cx)i..t/rntJ~t fx~Vr:ro tJ,~j,os fruit ~,(,: Slx>r,,~,r~thy tho CoJh~ C~n~ A,~Ju[~rm ~e~t 7 30 p m [he ~wost F~ida. ~es 649.9754 19 "Staging Epic P~y: Transb~ng Homer ~i~. pr~l~ dir~t~ at ~he Aquib Th~e (~l~ny oF l~r~ 2 p m Phil[~rmonic ~e ~ls. ~ 597 I ~ or (8~) 597 26 Bar~ra A. Hill, e~utive dlr~tor al the N~ples Art Ass~or]t,on h'rMs a brown !un(hr,me d,scuss,on 12 r~) n~m The van liehig Center 2626517 Music 2 'The Seven Last Words oF Christ~ Ir, creed tly the Naples O~d~estm & Chorus St ",Vdham Cathohc Chur(h 353 5413 3 The Naples Concert Band p,e~nts a t~iaJ sh~ps R~j,stry PeSO, t, Nar)les 263 952l S ~nce to ~e music of the Nqples [ · ;.,?eh..t Cwhnl,r r.im,( h .,~,M I,~dl 566 1997 $/~':mo,,, tie 5 p,,,fo, m,.d h/ d~e FJnp~es ,,:~,i., },/ Web,., .~ 2. n,,tS~,..,., 2 ¢. 8 pm T;,c ,yK $,p, I I Phdh,;,r,,,,n,~ Qerffe, ~r)r t})(, Art~, Nar]ie~ 597 Ir~ or (8'/J)597 19{~ 1 I ~e Gulf C~sl Big Band p~osents o ~r~ COn deft 2 p m Bring I~an[els or choics for Camb~e~ Prj~ Naples 434 4690 II 'Com~tert Forum I1' Jefm.m. l~rtl & James Slephenson 7 Ir1 p m Vander}),Jl Presb~e~an Church. Naples 597.5410 12 ~e Statler Bro~ers N:,form a concerl of coun!ry h~s 8 p m Ph.lha~momc Center [o~ Ih~ Art~. Nople~ 597 1 ~ o~ 18~1 $~7 1 ~ 15 'Barque Bach' ,s a CwMlelighl Chr;m}~r concert by the Bar~tue ~ns~.n,ble al the Phdhormomc Orcheslrq 8 pm Also Apr 16 Phdh~.montc Center Io~ the A~s, N. ples 597 I ~ ~ (8~1 597-I ~ 18 'April in PariC is . ,on,.. of ~o~ hy Loft*el ~m~ ~mns Pou~enc & Rn.el, ~r[om~l hy ~' Ph,bMelph~o P~rmo ~uurt~,~ fc~tures Ed,san Carnmun,~ Coll~jr/CoJl..r Campus Also Afc 19 8 pm at SoT/de. Commuru~ Thc]Ire. 18 Carol Lawrence, th,. R,,v.lw~/ s,rffjmfj Fr,,',b/+,~r~r:n Church N,~pl,.~ 430 2691 2J "Br~dway's Greatesl Hil~' ,s r~ fps con (Onducl~] by [r,d~ Kunz~:J F~vm~re~ soprano Eliz~},eth De Gr(Izi,L tm,or Kr?wrl Anderson, 'one Don*el hk;rcJucc~ rind the Ph,tKa,.,on,c Center Chorale 2 & 8 pm H~rough Al. Philharmonic Cenler for the A~ls, Naples 597- 1~or (8~) 597.1~ 29 "All B~oven" i~ a Candlehgh~ C~m~t ~oncen by the String ~.tel at the Naple~ Philharmon,c Orchecm 8 p m Temple Shalom. Naples Al~o Apr 30 at 8 p m WeCey Un,ted Meth(xJist Church, Mc:rca Islan,'J 5:?.7.1900 or (8001 5~7 Poetry & Writing I SPIN if he ,So,c~eg' cf Poet; ,n r;obles) the hrst lhu, sdoy of er:ch mar, th ta share rx~e*ry 7 8 30 p m Co',lier Co, J,,t'! t,h,r. ( 775 3271 12 PAN IP'>':'ts ~rour, d ~,'.:ples} r"e.::,s 'csho, e A M,lhon 26.t 110:5 13 Seaside Story Spinners m,,,:!s the Tuesd¢;y o! ~ke momh !o sha.e ~(:',es 7 9 p m Colhe. Cou~b, L,brar~' 2o2 685°. Special Events 3 The Old Farmers Market ;e.:'u,e, ic~ ¢;! Drd.~r~ bre~ds, jams. plaints ;. ma,e r. ,er/%'~%.':<:y 7 I I 30 a m Th,rd S'r,:.el ~o,.;K tdopb~s 353 512;7 4 The GuJfcoast Skimmers p,esr,"~ bc.e sho....-s .,?very Sun,'kry ~ p m L¢;~e A,qb*~, 732 0570 9 'Evening on Fifth" ,r,. ~des r: C~:la c;~ ~he Galler,es. sl'~ppin9 uncle,' the st,';,~ and en~erta,nment 6.9 p m Rhh A*enue South, Naples 435 3742. I0 The Florida Nature Photography Forum Lotuses on the Everglades..,,~h r. resenta',on~ by Clyde Butcher, Arthur Morns [cr, q e Brcms,lver ancJ others SDof~sor'~J i'~,' ~h,:, t.'.;,.~ Not,./~t Phoho(vrmh? A;,,:~,~:, .:- '; :: m ~ p The Conservancy, of .~ ;4 ..~:¢; ;. dq ,:G5 o~ 6.:9 ~2~5 24 'Artcrchers in the Park" ,; '~,: c,/'Jcc, !,ne arts :m'! c,::a; ;ha~ ~..m':'ur ~'! .-'z'~: , ~'-?',he'; of Pa,; °,47 Theater & Dance 1 No, No, Nonene, :~ -.),,'-rq - ~.s z-:; comr~!r of tlc ;'o,':~mq '?0~ ,'s r:.~..e,'~,,-! k, TLC Through ,'.,~, ] S,/:'!e- C; .... :~'.. 1 'Anything Gross," ,: ;r:'r,:':; ',7¢cr: peons lc<al c;nd nr;*,ao,¢:l e,eqts E,'c..y r~ u's [5, at the I' b~.' 't'ori~ C~'/?t,gh ~.'=hool C.f the Per[arm,ns Arts 2 & 8 p m Through Apr 4 Phdhormomc Center [o' the Arts, Naples 5971900 or (800) 597-1900 S The Por~ns Dance Company presents a pro- gram o[ solo and ensemble p,eces 8 p m Philharmonic Center for the Ar's Naples 597' 1900 or (8001 597-1900 7 The Friends of the Library p,es,'m,; o $crr~n ins of Asa/rte, Fhe '//rarh of C_..od '.*/erner Herzog's film of a Sr-,n-;;h co~qu:,':dor patch~J to ~he Amoz')e ,n s.'.'q,,'!' c; ~ E)orc;rJo 7 p.m Colher Count7 !.iJ'~,ory 2~.2 8] 25 8 All in the Fimlng, a col!et'ion at short pieces by David Ives, is presented By '[he Naples Players Evening and mohnee performances Through A~ar 18 Sugden Cammumr! Thea.e Naples 263-7990 13 Bully is ¢: c-e m,:- ska.. -..t-,o~t TerkJ,, Philharmonic Center lot the Arts, Naples 597. 1900 or (800) 597-1900. 14 Pdsoner of Second A~,enue, Ned .om,c loc, I,. at o trapped e.,ist~nce ,n the mickJJe al ,'.',mhr:,nn ,s presen,xl by The Nnples Player; [,en,n(~ tlr, ri matinee v~rJorm(mcos lhrou~.jh iV,o/ I Su~j(~en CommumF/Thc~lre Naples 263 79~) 17 D~vid Brenner & Robert Klein jam forces for d.n evening of com(~Jy 8 pm Ph,lhormonic Om'er for the Arts. Naples..597 1900 or 597 18 Homer's /'he Odyssey ,s present~J ,t; oti roy"Ilia pfoporhons ~)y Ih,r, Aqu,lri Thnrltfe Com!~;, al Lr;ndan 8 [., m Ph lho.~on,c Center ~Ot the Arts i'Jaoles 597-19g') or 18~J) 597-1900 2l The Friends of the Library p~es.nts rs "'1 OJ /'l'e P,.,o oI [nu~s XIV PoJ.,ortO Po%,~.h·, ', Cc:!',,., 'jo,;,,'/ L:i~,r:,~, 262 MAY '99 Art & Museums I A Gallery Group Exhibition of w~ks by numerous arhsts iS Jeo~r~J Through Harmon-,'v~ek Oolle~¥, Nc~le$ 261.2637, 1 'F~ve Florida ~ot~raphers' ~v~ i~ by ~al ~ard-winni~ c~tem~ p~- raphers, curat~ ~ ~es ~ As~iafi~ t~e dir~tor ~r~ra A Hill Thr~gh f.W~y 30 The van hehlg Art Cen~er 262 6517 1 "Masters of Photoiournallsm" ,~ ~ ..... h,h' B..tcher '/~s.ons ~or the [~e~l ~,%J~emum and Yr:thy Kiss,~ The [~st Pass,hie Words" Through .'.'r:z 28 Ph,ihor~n,c Cent~ fo' t~,e Ads 597 1~ Or {8~} 1 'Summer Show' ~s u ~on lu~,ed e,h,bmon wOrkS ~y mem~rs Through ~l,t 30 Art of ',k:'co Island 204 4221 5 I~e~no International, Chapter 160, 9 '!9 q m Naples br~r~t 263 2778 Children 8 LC. Penney Family Day ql'o.~', f,ee lectures & Dkcussions 7 Mensa, the high IQ s~ieft holds w~Hy ds cuss~cns O~n to the ~1i¢ 5 B p m Vanderb,lt Inn Naples 591-4565 Music 7 Boss~nisl Ktislen Sonne~rn ,~ !~,~.~ chnm~er Concert 7 30 p m Vande,b,h 13 'Celebration of Nature" ~eoture~ B~etKove~s ~ympt,ony FIG 7 r:erfo~med b7the t~aples Ph,lhqrmon,r Or(i,e~,tf.~ Christopher Senmnn conduCtOr Also f~tures wor[s by wagner & Mozad and p~an~st Anthony Mohnari 8 pm Also May 14 Philharmonic Cch*er for the Arts Naples 59719~ or 5~7 ] 900 15 Summer Jazz on the Gulf ,s ,~ se~es of cJ'd~r consents f~tur,ng IOZZ 9rOup$ f'Om o,9ur, dtke country ~r,n~j blcmkeh o~ [o~n chin's for s~']t,n9 Ho coolers otlowr~] 7 p m Nc~ples Beach Hotel & Golf Club 2,',1 2222 19 'Patrlotic Pops" is r~ concert by the Naples Ph,lhqrmoni*' Orrheslrr! Co.dur..d hy hid, ~,r'ze~ f,.,'.'~,,us p,(m,sl Ah.. /'lo?,,sl,. & the ~id.e,s Ch,m,s ot Ihe lJ 5 Army f,r,ht I~,~r,d 8 p m ~'~rough f~rly 21 Phdhrirn,on,r ( ent,,r fat the Arts rJriples 597 19~o~ 18~)] 597 27 "tem~sls & Triumphs" [(~;tures S(mplony r Jo 5 perfo.m,d hy th.~ Haples Phlh-:mo,~,' Orrhr. sfrr] (~hristof)Jmr Ser]m(m ¢.r.~r)f r,( ,m'J .,al,md l(.d,~ J<~',,.fi,¢/., z I{ p Aka t.',q( 2~ Ph,lhr,rma,,, (,.n.,.r ia, ti.. Pacify & Writing 6 SPIN IT),, ]¢)¢..t/ oJ J,~.l,, ,. t bflJ,..,) 8 30 I: m Colh,,r Count/l,hr~.y //5 ]2/I 10 PAN (P~:fs Arou.d Naples) rnf.(:l~ to ;~:tr/ 7 8 30 p m Coil.er Cnun~ hb., y A r,l r~t,ng ,s offerr~I M,~y 24 7 8 ]0 I' "' AMdhon 264 1195 11 ~slde Slaty Spinners nm.t~ tho T~Iof of fi~e m~ffh to sh~..~ trd~s / q p m C~l,er C~nt4 Ubrary 262 6853 Special Events 1 The Old Farmers Market fo*,tur,,s :~.1 1 "Art in the Park~ *s rm out, loo~ h:.,t,v.J N,JDJes Art Ass~ir;hon 10 q m 4 p m C(J.,bler Por~ 262 6517 1 ~ ~c~st Skimps l~c-~,~ J.e s~ ~.,~ ~rr~ 6 p m [r~e A~kx~ 732 0570 7 'Naples at lhe Millenium" ,ndud-',. qn.j ~S.~OSS O,r~ Arn,~icrm ~)lr,,r,I (.r,:~l Show ,,,,.:~ sd,., :n ,~ m 5 p ,,, th,.)u(lh l,',,~/ 9 f,hh ,~,~.~-,~, ~.,~fl N-;r/,,., 435 3742 14 '[vening on Fifth" ,.ch,dos ,~ (;,d. a~ t~(:[;I,.s 435 3742 Theater & Dance 1 Prisoner o~ S~ond Avenue. Nod S,mon's corn< I~k ut o trrJpf~J u,~stence ,n the rn,ddie of M~ha~n. it p~nl~ by Th~ Naples E~en,ng and mohnee ~rformonces Sugden Comm~ni~ Jh~tre. Naples 26]7990 8 Give 'Em Hell. Harry ,~ a one ..,n sinew o~ul Harry Truman, ~rring Kev,n McCarthy 8 pm Ph,lharmonic Cente~ Jar the Arts, Maples 5~7 19~ or (8~l 597 19~ 5 The Friend~ of the Library pu~srmls (, scr~.n mg Of Burn~ by the Sun, Nikit(I M&halkov's sto, y the do4 ohermcJth oJ the Russian revolut,on 7 t) m Calker Count/blao, y 262 8135 19 Tbe Frlend~ of the Library presents a ~cr~n. mg at ~he Comic, Carl Reiner'~ triJ~ute to him Stan Laurel. starring Dick Van ~ke 7 pm. Collier C~n~ bbmry. 262'8135 29 Late Night Cat~hi~m ~ a wc~y & th~jhl pro*eking I~k at lite and ~elig~on 7 p m ~dharmonic Center Jar Ihe A~ts. Naple~ 597 19C~ o' (8(~J 597 19~ Arts Alive UAC Board pres~den! Marl}yn Brown and board member Wayne Sakamoto step lively at the November 1998 Arly Party al' the Naples Airport. Mark Undner(center) with Barbara Undner and Brenda Bush. Womanscape '99 £xhibll Coordinator Andy Browne and UAC Administrative Assistant Janlce Paine lake a break at the November 1998 Arty Party. Steinway Society founder Greg Billings lalks with Susan Mainwarlng of Classic Chamber conserts. Page I() 7A Arts Alive 'ArTrek" award-winners gather at Coastland Center Mall in Naples on January 27, 1999. Dudent artists from county high schools were recognized for their efforts. UAC Bookkeeper Laurie Segraves joins UAC Executive Direclor Joy Lelonek at the Arty Party. Actors Repertory Theatre Presents Inaugural Season The;tire got (~ff to a re~.unding ~tit~ ~ ilh Jl~ llr~l pr, xlucllon "l.ose l.eucrC' b5 A. R. (}um¢}. s~a~ recmxcd x~ilh ¢mhu~iiNn hv ~nlidl audience ~ho bra~cd IJl¢ trip OUl It) C'omnnznit} College. lhe pre*em home .f lhe;tlr~. Appi~rentl}. i~..pl¢ spread thc ~ord ;l~tll lho grcilt first ~htl%%. ~c;itl~e ;lllc~ditllC¢ more Nearl) all .f th.~e x~ho atlendcd "l.me lxllcrC' came back m Januar? h,r "A C'.uphi White Silting Around Talking." We h.pc ibc nexl produclim~. "P.mmng ('hurchc,Y b~ 'Fma }l.x~c. x~dl draxt an ex Ch audience. The ,llm~ run~ the ]aq I~. ~¢¢kelltl~ ill MarCh. "Painting Churd~cC' i~ ~1~¢ ,l.rx .~1 (k~rdncr mid F;mnx Church. a rcltrctt ct,UlqC prclnarmg t. m~ ~e lo Cape ('~d. Their datlghlcr Mag,. a nearly Jillllt~tl~ illll%l. ;tgrcc~ to help them 1110%O ~t) l}lil[ ~)lC Cilll pilillt lhCIll. 'lhctr rcl;tliam~hip bcciiill¢% rite ~ubjccl t~f lhi~ x~,rk of arl. "Cabin 12[' bx J-hn Bi,h.p. ;md "GmceJ;md~' by Ellen Byron. Watch Ibr Ihe.~ productions lite firq mid %X'oml tvtx'kcmls in May. ~gLO[5 / h,. m,' ~ir~. ;,tire,, Ali,un Pct'l. ;,nd ~ I / m~elf. ;dong xtilh Mark Mc('lellan "'~lle OILOI'' S,[t)rm;~, Sharl~'. Alison ami I nl(,vctl .lP .. Y Naple, from Ne,v,k,rk Cilvin 1994. /noarl"D ,,,.t Mark and Sabrina while ~orking need Ibr a proDuct,hal lhcater. Our tli~cu~ion~ led file Jbundin~ of Aclors Rc~'nory 'l'healre a~ a nol-lk~r-prol~l prore~ionid Clllllp;lll), A~ a l;l~-t'~¢lllpl, ltOIIJlr~lSI ¢lllJl). Aclor~ Rep rt'JJt'~ Oll chill- ililbk' C~lllll'Jbtlliltn~ Ill ilgCOlllllJj~Jl il~ IllJ~Jo~. it Jlich J~ 1o ~idc prlflg~J~maJ tltlaJil). IlllJll~illt' Ihgalcr in ~t'JlJcJl file ~l.ry lu~ldriti~ing ;md/or imtrkglHlg eal~.rience to COlll;icI tls Io tlN- cu~ p-~ibilitie~. We al~t~ need ~ ohmteers fi~r tlitla ¢nlry. box office, lelel~hone ;~ork ;tlltl u~hcring, Please call 'thom Politico or Alison Ikel al f~3-35(13 or leave a me,~age on the Actors Rep reservations line at 5 Arts AIh'e Page I1 What's New in the World of Words? I C.:lm,r.~ m ~.nl¢ rc[mrb, ~ritcr.~ in arid burqi~ with talent. A~cording to i Jir;I I.dlicl.r~ in Illc Janua~ Ilht&I/¥/led. man} ,~f our tk-llow resident& ill Paradise ;l['li~k'l~ pllr~lilll~2 ~IlCCk'~%I'III carccr~ ~tilh thc iK'n pn)ce~.r, a~ dlC ca,e Ill;I) ('~n~k and R.~%'~ [.mlhml. a ~mall h.q ~fl' nati~mall) %%k. DcM.II. I.c.lic Waller. Jack Kranler and Jeff C,.llmgn.n. ()d~crs in .ur midq earn a li~ ing by ~ea~ing Ih¢ir ~v.rd~ and lhm[ght~ In,ether on a dali} ba~i~. ('.unt J:mina Bimdm ('.bio. Maurccn I larlung alld Bill I)u)lc as Ikcchm¢c x~h.sc hxlJncs arc familiar t. h~';d reader,. Manx m Naplc. arc ca¢crl) wailing l'.r .ahat pr.mi*c, t- hc ;l ~*mdcrtid b,,~k b~ .I;mC Kern. the I'~tlrttl]ll~ direL'h~r ~1 t:w~./~di~tk, fit,' l?,umtflutt ~ ~'I I.c.r.i.k' ~. duc ,~ul itl .April Ir-m .Ncnlr) Ibc... Naplc~ re.idem ('and l:~l~crald her ~cc-nd b.,~k iu plll~l, cniHIcd I~.lrtlil ~,t . ['hihl. A~piring x~rile~. CUll .l*lcn bc hmnd purqdng lhci[ frail h.'ati.n~ ~uch a. d~c Phil. Barnc~ & N~d~le and Iht ('~tli~l) ('~ullilltlill~ Educati.n I~r.granl. all ~d' ~ hidl ~}l'l'cr ~ram~ I. hctl~ ~ rilcr, d¢~chq~ Ih¢ir lalelll~. I~ mldili~m. Black Knight Pr<~lucli.n,. a new Iilm-i~r,~ludn? c~m~pan)' in Ihmila Spring~. x~ill .l'Ivr an ¢ighl-~eck inlcn~i~e ~cree,~'rllin~ gr;m~ ~gimnn~ in March. Black Knighl presidenl Merlin Miller i~ a ~radual~ ~}1' Ih~ Unixersi:)' of Soud~ern California's fihn sch{.d. AccoRlin~ blillcr. ,me .f thc pr[}ductMn c~)nlpall)"~ goilln i~ h) dcvch*p hK'al Icchnical and ani.lic talent. The compan)"~ kc)' mcnt ~rs~mncl are. fl~r the illO~1 p~l~, South~¥est Florida resi- dent,,, ,md ,..zr:ldu,lt¢,, ~l Wc.I [hdnl (:dx,~ knux~n ;p, "Black Knighl.~"l. ; New I~n tile lX~,tr)' ~'¢m.' i~, thc Naplcx Nali.nal lbs.'Ir)' C.'~ml¢,,$1. ,~heduled fi~r ^pril. currcnll.v being .r?nizcd by hx:al I'X~:l,, Ted B:dx.',~x and (';;sr.', Ill'Jill. Their -hi¢clivc,. ,'ire IMp c,.tabli,,h plK'tl.~ ;1', "ll~lh.'~s. llttll's and ll*..",s. ~.~.~.t~llhs'' ;IUd brin~ h) Napl¢., %l)fllk' ¢11 Ih¢ fincq poet,, in thc Jl~dk'~l~. ;uld II)all c;111 I'K' ,,cch ;il JlJlll'llC.~ .'\It'. ,~alhcrillg~, held m~mlhly :il Ibc N.rri,, ('~mlnlunil)' ('¢nlcr ill ('anlbicr l'a~k. :s~ ~cll a.. al PAN tPocl., Around Nap]¢',l ;md (5(~.'icly ill' Plx:l~, ill ."~apJc.',) lll¢ctill.?.. PL, r~.ns ifllcl'¢slCd ill developing I~,:lic ',kill., arc :,.clC~ml¢ :it Iht nl¢¢lins~. <d' l:mup,,. PAN m¢¢I,, iii Ih¢ ('crltraJ I.ihmLv ~m Ibc Monday id',..'ach month and mcull~:r', read ut .'.;PIN :,l',- meet,, in Ih..' ('cnlral I.ilm~ry. but un Ih¢ Thur.da', .l Iht m. mlh. '.'. iIh rcadin.._',, at flame.. ,K: ].ilcrar.,. dJ,.,.'u,..um pr.up., al,.¢~ c\i,,l. Nancy io.'¢lJlJ',. ~u'..zalli/cd a~l inhumaI 'Jr. up Ih:il lll,.'cl', ~ui Ill,.' 'J'tlC,.da? of thc iii.nth I. di~cu..~ phil. theme....'haruclcr dc'.cl- i~j'~fll¢ll! ,lllll ill, irc ill lip h~ '..i\ I'~(Hlt,,~ Jk'f ),,.':il. Fc~.¢ndcn ill lU41 ) 352-72X2 for in.re inforln;ui~m. t~a,i,,. I'erhal~., Ih¢ lar~¢.,I and IIiO,,I c',labli',hcd gr. up i~ (hill Siren.' I.ilcn~r)' S~.'i¢l)'. ~ilh ch.,,e lu mit' hundr~.'d N'r~. This ,,~.'i~l)' h:p, a duc,,-payi,g m~:mNrship, and i', dinalcd by ('and Bold ill N.rlh~rn 'l'm~l llank. She can r~.'acl~.'d al 1~.1411 ]rCL?,,~ixL Thc (hdf Slum: I.ilcraLx and di,cu~ Ihcir So. il'~ nol ju,,I Fifth A~:nuc thal's ,11 lh~: nl\'~:. Now Ihal baby b~mcr,, are mw,'lntz inl~ Iho~,¢ )'e3rs Ih[d ol'fcr m~re Iqm Page 12 7A Arts Alive · l)ll'C, hql',.'-,'I ,HCa ,Jill.I-. ~.llhl:r~lJ J,l'.',t *11 (',dil,.'r ('IHIIll.~. ', IJL'~.X , '~. hll'% ,~ Jill..llbi '.', Ill.'It* lib Ill',.' IIl~J~,J I'~r .',lml ,;lljlllhlJ Jllll~' · :\llllll.lJ Ill,,.'llll'~'l~.Jl~l~ c', v.1 x'. Ill1 [_'lit.",lw, II'Olll JilL' ',~,lq Jd ,q ctlJlllru'. · I)thcr ,,ix. ciaJ Scm! ,.,,uF,,,. ~x..l,,~ h, t nitrd \ri.* ( 'mmcil .l'('.llivr ~ *..nt). 11151 5th ,\srn.t' ~,,nHh. \nplc~. ! I. 3-11 t2 Name ...... Address ~ City .... Stole Zip I Cord ~1 ....... Phone .... Summer Address '* ....... j Exp. ~ .............. J Dales applicable Cht'ck Encl,~t'd _1 huli~id.;d ~,~;... .J I*';.uih $$11 -J Il,mm' $11)O _11~t.nt.r;iclnr ~,..*~:,1) -I I'ntr, m qSJll) Ill ;l'.JklllhlI1 Its lilhlll~. I,~J ~ qlTII!~tJll&,ll',. ,ill. xlil~j;,,lCI% ~:111 Ik"..l~lllC Ilix,~lJ\'.'d IJlll'il~h J'MlIh,.IJ'.lll,~ll Il! JlFt)~l.ll)J'-. I,J IIIICI,,.'-t ~U~.h ,~- ( ',dh,..'l (',,tllll) .'..)l,'q,I t"[,v~l,lI1F-,. VL'I.~ ~;J~.',LI,d ..\It',. \lth.'k. UNITED ARTS COUNCIl. ARTS FORUM l:loricla Stutc c)t' thc Art.,; Pltttc Rui.scs F'ulacls For Community A~ls F'un~l lllJ'qll,..' t~, lite J' \('( 'llJJjjijJjjjjJ\ ,\II., J'tllhl J~', J~JH~.Jl,l~lll.'_' ;I J I,.M,~ %l.h: *d Jilt' lq.m` .*1 ..x.x h,,_,d tn,.' .I~L'JJ~,'? lnlli.ll coq ~d Iht' 1.1~ I~ '~,~*~ JNI i\\t'lllX tl~lJJ;ll*'q. Ill IJli~- Jt.'V I', tJq~ll.lh.'d l- Ih,,.' J 'llllL'd ,\il". ( ('Olllllllll)ll", ,~11', J'lllld, J~l Ix., D,'~i';iIIICiJ h;l~.[ Jl~ Jhq..' dll~, t'lVllJlllllllll.% Iol ;ill ~.'dllCil. lJ*ql ,llil. J ~llli',,IJ~.' A I,FI'S A I.I VE Unilt, d Arl'~ (:mmc'il uf The N;q~ h..~, 1051 5th A'st'vmt' .q.ulh Naplt.,~. g41-2t}3-8242 \%lumc 4 [,,,ut 4 ,.\ Service of tl~e United Art.,, Council of ('~fllicr ('~mtuv Plans Develop Dig the Arts fbr Arts Festival & Fun¢traiser on the Beach -I'tHI1 ;Is h* dl'2 III lh~.' ~and dlld h.o,t' r~ ,111 clforl I,~ hlqcr ;111 ilpprCglillJ(lll ,mr COllllllUlllI). Ihe J'lliled Art~ (',mncil .a ill H~on~or "Dig II~e A~W' S.mttxrda}. Xlard~ 27. 1999. lmm lO:ifil a.m. Io 4:00 pin. al l.-~dCnllilk P, rk m Naplc,. "l)~g Ihe ArlC' xt dl prox ide an nppornmi[) for parllcipanl~ purchase lime lo dig n Ibc Xlllltt fl~r taluable pri/e~ nmi ca~h rifle itcmx. In additi~,n In digging f,,r prize,. "Dig the ArtC' ~ill mdude an aFl J'c~li~a] tcitluring cxhihH~ ~,1 line ill'[ ;md cr;tll~ and dcrful perl',~rmmg arfi,I,. Vi~j/,~r~ can eh.j,,} nlu~lc. -,,n,I t..,,llc I'r~/c, 'atoll hc ,h,lrlb~llt. d h~l Iht' bl~,g, cs[ aim Ibc bcxl glg*llll)ll~. JlltJ ~tg CtJWtJ tlqlMlJClilbjt' k'll'.lJl~ll~ Ill IJlolr t'lJll dt'tJlg.lll'd ltl ~t'r~lli~Z ('ldhci ('llllllJ~ ~ k'llJJllrilJ flt'Cd~ J)gMgllillcd b~ Ihe 51alt' *~J J'JlJrltJa il~ Iht' ;ircil'~ J~cilJ ;lll~ IIIJl~Jc .llJtJ Iht' ~ iql,lJ illJ~. "You'll Really Dig the Arts Nowl" Bring your family and friends and N' rendy Jo dig[ A~ists Jmd ~nso~ inleresled in donnlions. ~ N~lhs, or pnnici- palJo~ in Ihe sand cnstle cOnlesl can call IJlo UAC office nl 263-g242. Please join u~ in digging a firm financial found;i- lion for Ihe n~s in Collier COUIlJy. UAC Presents M;m.h i, N.dJt,n.d W,,mcn'. Ill.t,.', \h,nth. \nd. lhilllk~, il) it glilllt Ir(J;ll Ibc ~.'~)IIIL'II"~ J'lllld l)I JJlo Maine. i~ tt~rkmg ~ lib Ihc I'A(' h~ c~,,~ldlllillo IJlq it illld ~'V¢II[~ Mlrrt~uiitJllig iht' ~Jjl)~t..,~ IhfliOIl.lJ CiIIJ hi "Womanscape 99" ilk'Jl't IJlt'~ ~ill )%' ',t hcdlllcd Ill t l)llJlllltJl(.ll '~. IJJl Iht' Wc arc' ~cr) plc;Lxcd IJl;ll J~tHilllt' ('Jcltr%.llt'l. dHcch)r ~,1 thc Mu,cum ~,1 ('(mlcnlp(,ra~) Arl in Mi.HHJ. %ill itu? file ('tlllllllllllll) I'l~lllldillitHI ~ill ~l,lk ~ilh file prc~x Y()rk ~ tl~) ~l~.ciah/c~ itl I't'lllhlJ~l I)ildili~,l~ }n all. ~t dj t~' in N'aple~ I(~ glw gallcr> l.dk~. Slit' p)ulni~c~ ~C%t')~Jl h~ t'l> and t~chqtc,. Thc t'\hlbi[ ~.~. ill I~c held t'r,,m I:cbruary 24 h) ,Mard~ lO. t't t'nl% ()n lap. Brnx~ lit' %a)%. "it %t tll Ix' :i ~rcat I,.tl) ~a. ct.k,, filled ~ith J(19(/. Artiq rCCq'HI~)II",..,.:.dlcr.¥ laJk.,, j'~.elry rcading~ illl~.l .ther afl illltJ taJk." \t,k,'ll kccp ?u J'~)~lctJ ;1% ctcrlt,, unlbld. Call to artists--.Arlists who a~'e interesled in being considered for incJusion in "Womanscape '99' shouJd conlacl Ihe United Aris Council al 263-8242 to receive a prospectus and application form. Or send a serf,addressed stamped envelope 1o the UAC al 'Womanscape '99,' United Ads Council, 1051 Fifth Avenue Soulh, Naples, FL 34102. ,.\rt~ Alive Director's Corner Very Spec;al Arts-Re~isit~l ~ in Naples I~ was glori~sly Uni~ ~ts C~d's V~y S~i~ ~ Fes~l ~s clown ~s ~tertain~ng n~comers at l~e ~r. Chi~ren ~re vis~ti~ art st~s '~n~ ~ or~ visu- al artists, ~n~s to ~ eff~ o~ ~m ~.. ~ c~r- di~ artist ~lunt~rs I ~'~ ~ del~gh~l proi~ e~rge [r~ ~ busy tobies t.~nwh,le. ~m~rs O~ J~ Naples '~lo~n's Club ~ ~r ~nderfi~l ~rtner ,n s~sori~ the [e$tival -- circubt~ ~r~hout ~e cro~J Dres~ as chorr~r~ from ~e ~V*zc~d of az" ~Kese i~d,es told ~tor,es, d,r~t~ o p,~p~t ~jtr~r c~nd hel~d ch,iclren 'sm~ rain'w.' among o~. things The generos,ty of ~e W~n's Club mem~rs *n lending ~eir clubhouse os a s~te [o~ ~e ~est~al ~lnrJ ~e,r e~t~se ~n pre~nhng 'az' ~em~ ~terta,~n~e~ ~de it ~s~ie lot 184 ch~ren, rlJong ,~ith ~:e~r [~rents a-d eSCOetSr tO ¢r~te ~e dc~y rr~cJ~l ...,~ r~ <os~me fx~r¢~ to Crumbier Park. ~fm~e ~ chJd-m, r'nr¢~J ~ross ~ Ix~Jshell ~;tvl T~n ~t F~''y~'*[ '1"',*;'Ii~ rln ~lI)[)t~':~' Cz~ w,~h ~e J~n F Ft~n,w~ C,~'er ~o, the Pertorm~n~ hes ~r~h ~e a~ts lot d,fferenffy abl~ ~rms Very ~ial Ar~ ~at:on p~jram~ help ~ple wi~ phys- ical a~ men~l d,~b,Lt, es to ~ I~rni~ As ~ ~t d a ~19 d,~ chi~ ~1~ of art ~ cul~re ~n ~ life o[ ~e d,tferen~y a~ ~r ~ ~s n~r as ~ast ~ os s~rl~ his bracts a~ s,sters, and s,~t,on$ ohen ~ to ~ ere at~ to pray,de un ~en pl<~y~g [,eld ~or h~m. ~ fumdy hie and the ~oHd ou~slde ~r ~r L~dy. o~ y~r, our ~n hcxt a sens,llve a~ ca.ng art t~cher who ~ his (and ~r) eyes to ~e pl~- sates al color, tex~re and form To ~is ~y. pr~ts his cr~tivi~ pro~ly gr~e ou~ ~lls along w~ the ~rks of his s~blings. I de~ y~ to tell ~hich al ~ese ~r~s ~long to our de~elop~tolly d,~bl~ son Ar~hether il ~ ~nce ~ter, I'~era~re. arts or muslc~should ~ e~r~enc~ by everyone This y~r. ~e Very SF~:ioI Ar~s pr~jrc:m ,n Coun~ w~[[ ~ branching ou~ to re. ch chrldren in has pltals and children at rfs[ for ~ial dys~unchon os as young ~ple in nurs*ng home~ and care We ho~ to of~er some ne.~ pr~jram ,ellis anti ~ry out ~e new strol~ies M~on't yo,~ help us r~h these s~iol ~pulolions~ b volun~ or to J~r~ more Very S~iol Arts octivHies plate call ~e UAC office at 263-8242. Sincerer, Joy Ex~u~i~e Dir~r Naples Naples High School Music Students Exciting Student Cultural Exchange Planned C~I ~11 ~ ~ Ihe ~cheslla a~ Chorus ~n Ho~y Week concerts are t~ee and oD~.n ~o t.e How~e~ for f~e Decemk~r 21 and 22 ~neht %le..rl ¢.~,1 m, .~l,,'~ ,'1 th,' ~.1,1~ ~ II~k,h Orchestra 8, Chorus Events Benefit Buy Your Groceries AND Support the Arts? Yes, You Can! The United Arts Council is participating in a program sponsored by Albertson's grocery stores called "Community Partners." Our members carry a special card with our name on it that can be used at any Albedson's. The cashier scans the card at the checkout. Each quarter the UAC receives 2% o! all purchases made by card users, up le $1,800. Call the office at 263-8242 for more information or to get your card today! ..\rt,, ..\lixc ?A President's Message This year's Arts Forum meetings are off to a great startf We had iust shy of 40 people attend the October meeting on tourist devel- opment tax issues. If we have an,/ better attendance, we'll have 1o move to a new room. Thanks are due to Gale Scott, chair of the Arts Forum. lot her efforts to line up speakers and offer slimulaling meetings. The turnout for the meeting· at which Tammy Matthews from Visit Naples and Elite Krier from the Naples Area Chamber of Commerce spoke, tells us something important. If we combine all our member- ship together under one umbrella, we pre- by Marilyn Brown sent a strong front. We can advocate to pro- tect the interests of the arts community- even the interests of our smallest and newest members. By meeting and talking together, by shar- ing concerns and successes, we can all prof- it from one another's experiences. Already we know !hat by promoting culture and cre- ativity through the :arts, Collier County has become a more desirable place to live. ' = And by the time you receive this newsletter. You'll als~"'~ii'~ing'lnlorrnalion about the pubr~tio~! ~e United Ads Councirs "cullur- · al map," ;~*tO~fist'-oriented brochure that high- hghts arts and cultural offerings in Collier County. Tl]anks lO a generous grant from Ihe Collier County Tourist Development Council. we'll distribute 50.000 copies of this guide throughout Florida and lhe nation· So. Icl us continue Io assemblo for Arts Forum meetings so that the cultural climate can continue to benefit from our ioint efforts. The next two meetings will he held on January 15. 1999, and February 26. t999. al the Collier Athletic Club. See you Ihere! Ikebana Exhibit Planned for February 1999 ".,:[tic. ('h,~;q:r 1/~h :th H!,'l',l:bl, ,: ~::~,' .~ II .'.cra ..', ,' ' ",.:rout,,· I.'r:::.. 7', ',;md :'.. t .! ' .~: _ Il '",t'.i,.'. ",, :; [,:~. ; ..... ::.' · · ,: ~. ',t:- I~,:,~ ( .Mil l[.,-t'.m., =:, ,: ,. /: -:,,?, ',,2! bv !)c',H,,;..~'.' ..... .'.. I .,: 'h.' l;.cll.h,, .md !i,c ~.'~.~.'~: I- ir.,' ,tI:d ,,j"cll t,, ~hC Classic Chamber Concerts Opens 4th Season with a "Pop" r.:ass c C~]-r'Se',' C,.ncer':'_ ICCC~ '.,eqa~ ts fourth season ':,'~th a ,:,harnpagr~e redcp;~on !.'o~,~ay ~,eq]"g (o'~cer, s .'.': I r,e pedorrred this season [he Ph:ladelplna Rang Quartet D~orak and Schumann--at a conee,t following the recephon ~n ,'lovember 'Class~ Chamber ConcerT: ts gu:ed and pleased to ~ performing in Ihe Sugden.' ar~o{¢ng to D~cutree D~e(tor Su~n Ma~nwar~ng 'W~th ~t5 wondedul acousM~. mu~ ~rs tO a n~ ~d." Alt MOM~ ~nl~ tO~e~s '~11 M held at the Sugden. Sun~ aRer~n eo~s <il M in tM Holland T. ~IIW AnOdonum at [d~son Commumt/ C~'S ~:~r Count'/ A ~ ~ri~ ee~,~ts I~ ~ason. l~turmg outstanOing young professional w~ are at Ir~e ~nn~ al lnea ~eets "Th~s series retorts out comtmtmenl to devel- o~ng ~a au~=e~ce5 ~t pr~,~ the commum~t w~h a uanet/of cham~r music grams." Ma~nwa,~ng Oppo unities Ih~ ~u~eum of the ~ve~lad~ in [v~r~lade~ ~it~,~ m~,~ a; ar:~ts :o feahre as 'a¢~st o1 Ihe m~th' m th~ fr~t entrain gl its I~d~l. a recency 'We ,~il ~ork w~h you Io ms~all your pamhngs, drawings, prints, phot~faphs a~ 5o~3:~'e ~n ~e muCeums front entlanc~." ~ys Donna Ride,/god. museum manage[ Fo~ more ~nforma'.=cq. contact R~dewood at 695-0008. Edison Community Cortege in ~o~ Hyers mwtes South'/~st Florida res- ~Cent~ to submit a~'.~ork to ~ considered for inclusion in 'A~ 99.' an e~h~b[tton scheduled for Janua~ 22 :o Marc~ 26. I~ JuCgtng ~{I la,¢ p~ce on January 12 For a co~ of FO~tus, cad 489-9313 DECEMBER '98 Art & Museums · 1 Bill North presents an oil workshop. Through Dec 2 Art League o~ Bonita Springs 4958?89 1 ~Art Expressions~ ,s a juri,'xJ show of multim~edia works by Florida arl;sl~ Through D~. 29 Art L~gue of Marco Island 394-4221. 2 Ike~no Interna~onal s~nsors a demons~rat,on and luncheon 10 45 am. Country C1ub of PJapJes 263-2778 3 A Sten¢illng Class ~s ~ugh~ by ~r~ra Johr,~n 930 0m-230 pm Thr~gh ~ 4 Art b~:g~)e o~ tAarco 5 Prlvate ~(reenlng o~ "Tackle ~," a J~ally prod~ film by Loui~ Hemandez. 7-10pm Two~r~nmgs, 730&9pm. Norrlt Communi~/Center 435-i818. 5 Art b ~ Pork i~ an outd~r exhibi- tion of works in variou~ m~ia. by ~e Nap/e~ Art As~iati~. 10 p.m rambler Park, Naples 262.6517. 7 Greg BJolich;nJ presents a ~stel wor~. Through D~. 9 Art L~gue of ~nlto Springs. 495-8989 8 Watercolor Classes, emphasizing ilo' rals & landscapes, ere taught ~y Joan S:here~ ~ ~0 am ~2 30 p.m Also Dec. 10, 12, 15, 17 & 19 Art League oJMarco Islr~nd 394-4221 8 'Twenfie~ Cen~ry Drawings" by various artists are d;spJayed Throurjh Jan. 29. Philharmonic Center ~or the Arts, Naples. 597. 19~) or J8~) 597-19~ 9 ~The Wr~k o~ the Henrie~a Marle,~ an exhlb;fion concernfng Ihe fate o[ a slave ship and the transatlantic slave trade, opens a* the Musm, m of the ~',ergk~des Through Feb 20 695.~8 14 A Water Media Workshop ~s p,esent~J Through D~ 16 Art Lm~gue of Bomla Springs 495-8989. 14 ~e Art ~gue al Bonita Springs presents its annual mlnia~re show Thr~gh ~l~rn Trust ~nk, ~nita Springs. 495-8989. 15 ~ Naples Porcelain ~fists ~ther [~ a m~ti~ a~ ~int-oJong 10 am. Car~nter's Hall. 649-809B 19 ~tcra~rs in ~e Park, an ~r fine arts a~ crafts s~, t~res Ar~raflers. 10 a.m.-4 p m 947.~95. 26 ~e Naples downtown ~nter Festival [~res artists from at,nd the c~ntry. 10 a m.- 5 p.m. AI~ ~. 27. 5ih Avenue ~uth, Naples. 435.3742 alendar tS ~es~'nted by ~ Kennec~ Center Imagination Cetebratioa on Tour 2 pm. Philharmonic Center for the Arts, Naples. 507- 1900 or (800) 597-1900 12 J. C. Penney's Family ~y albws Jree admis. sion to the galleries Philharmonic Cenler for the Arts, Naples. 597-1 ~ or (8~) 597-19~. Lectures & Discussions 2 Ike~na International, Naple~ Chaplet 160, presents an 'ikeno~' demonstration, follow~ by a Junch~n. 10:45 am Country Club al Naple~ 263.2778. 4 M~n~a, the high IQ s~ie~, hold~ dlscus~ions every Friday Open to.the public 58 pm Vonder~ih Inn, Naples 5~1-4565 8 "Coral Reef Ecosystems: Our Songbirds of the Ocean~" ,s the ~opic o( n presentation ~y Joel Biddie al R~f Rellef's educcmon & research center in Key West 7:30 p m Conservancy of Southwest Florida, NapJe~ 649 9754 11 Ar~ur Harman, Jormer amateur ~ the ~iet Un~ a~ Frame, di~us~ g~l c~erni, Club. ~2.2943. 12 Chades frazier's C~d~n~;n is di~us~ by Elaine N~, as ~rt of ~ Critic's Choice ~L ~ ~i~. 10 am. ~iJ~r~ic C~ter J~ the ~tt, Naples. 597-1~ or lsd) 597. 14 'Uni~ Nations: Politics of ~e ~urlW Council' is discussed by Ambassador Frank Ruddy. Port of the Naples C~ncil on World Affairs lecture series 4 & 7:30 p m. Naples Depot. 434.3782. 17 Arthur Gordon's Memories of a Geisha is discussed by Elaine New~on, os part of the Cr,tlc's Choice book review' series i0 a m & I 30 I) m Philharmonk Cenler for Ihe Arts, Nr~ples. 597-1900 or (800) 597-1900. Music ! The Neapolitan Barbershop Chorus performs at Br,,on Colf,m High School 7:30 p m 566-I 147. 3 Barbershop harmonies hy the Neapolitan Barbershop Chorus will I'eatured ~n a concert at Naples High School 7:30 pm 566'1147 4 'Mostly Messiah" is a presenlatlon oJ Handel's 'Messiah" and other selechons, by the Naples Philharmonic Orchestra, the Philharmonic Center Chorale, violinists Glenn Basham & Ming Gao, cellist Adam Satinsky and soprano Jana Young. Conductor Christopher Seaman. 8 pm. I~iJharmonic Center for the Arts, Naples. 597- 1900 or (800] 597-1900. 6 The Naples Concert Band pre,ars a free con cert 2-4 p m. Cambier Park Bring lawn chairs tar seating Ahernate indoor site is Naples High School 263.9521. 6 A "Christmas Sing-along" is sponsored by the Naples Music Club. 2 pm East Naples Methodist Church 435-1105 6 The Advent Pro~esslon with Corals is a trndl. lional AngJicon candlelight service with music by the Trinity Choir. Features the premiere of 'Three Advent Corals' by James Stephenson. 4 p m Trinity.by-the.Cove Episcopal Church, Naples 262-6581 6 The King's Singers presenl an r, cape, Ilo con (eft 7 pm Philhormonk Cenler Jar the Art,., Naples 597. ~ 900 or iS00) 597 1900 6 "The Fabulous Flute~ is a coace~t oJ works Bach. Ibert, Villa Lolx~s & Beethoven, perlormed by the Philadelphia Piano Quartet and & guest flutist Doriot Anlhony-Dwyer. 2 p.m Edi~n Community College/Collier Campus Also Dec. 7 at 8 p m Sugden Community Theatre, Naples. 434-8505. 7 Dance Io big I~M sounds al the Naples Jazz Society orchestra. 7 p.m. SI. John the Evangelist Catholic Church social hall. 566-1997. 8 Diahann Carroll performs 'Almost Li1~e Being in Love,' a cancer, of Broadway love songs wri,en by Lerner & Lowe. 8 p.m. Philharmonic Cente~ for the Arts, Naples. 597-1900 or (8001 597-1900. 9 The Neapolitan Barbershop Chorus per- Iorms at St. Peter's Catholic Church. 7'.30 p.m. 566.1147. ?ii 10 ~Rodrlguez PIays Schumann" ,s ,~ concert hy the t,,qpl,.,.~ Pk,l!'w:,r,.am( ©rch,:,s!,a Ch,istopher Sca:man ~ pm A[soDec 11 & 12 10 Sw~t harmonies ~[', sound m a 7S0pm GuffC~:stH,gK~h~l 5~6 i~47 11 A H~tenanny fea~rlng music & ~try ~,ll E~ offered By Jau,-ey Art~ 7 30 p m Communi~/Cer,%r 4]4-2749 or 434 4690 13 "Christmas at First Presb~erlon' ~s an (mnual concert performed hy the Orchestra & Cho,rs 4 & 7~0 pm First Presb~erlan Church. Naples 430.2691 17 "Hollday Pops' ,s the annul holiday con- cerl by the Naples Phdharmomc Orchestra & con- ductor Erich Kunzel F~bres the Philhar~nic Cenler Chorale and ~u~h Chorale. 8 p m, AI~ D~ t8 2t Phdharmomc Center for the Arts, Naples 597.19~ar(8~)597.1~ 20 'A Festival of Nine Lessons and Carols' the tradmonal Anghcun holiday mus,c sera,ce [~rst performed m 1 ~0 4 ~ ~ Pm,~f by Cove Ep~scoF~l Church Nc:pies 2526581 20 Benefit Christmas Concert ~y ~ Mus,o No. Ii (Nanl~,s O.-Fm~rq & C~arus} a~d the Dec ~1, 7 p m ~I(:r~',es H,gl~ Sch~l Auditorium 353.541 ] 3l "Fram Paris to Vienna" ~ ~L,. Z:c ~,,: year's ~Jew Yecrs ~ve 9aJr~ COnCert hy ~t:e Phitharmomc Q,che?,~ Ccnd'JCtOr ~,,ch Yunze[ Feature~ ~iotimsl Robert t,'cD,~[[~e soprano ChoraLe I0 p m P~enton F:/.o,,s Phdharmomc Center Ear the Arts. NapIes 597 19~ or 597.1~ Poetry & Writing 8 Seaside Story Spinners m~,'s the second Tuesday of the month lc: share tu~es 7-9 p m Collier County bbrary, Central Avenue. Naples 262.6853 I I PAN IPoets Arou",d Naples) meets to shore poetry on the second F~iday of the month. Location varies A reading is present~l the fourth ,Monday (Dec 28) Boo~sA.Mili~on, l'laples 264-1195 Special Events 1 The Diamond Jubilee Parade & Celel)rnhon under the ~tars caps tho yer~r's comrner'lorahon oF hlaples' 75,h ann,verse;fy A ded,c¢:q.3q of mark.. ers By the Naples G'mden Club ad d"e trar!ihonc:l Chrish'nas V/alL are also fea'u,ed 5 45 p m 5th A,,er;ue South, t-,k;ples 4~5 ~742 4 A Christmas Gala ,~ sponsored by ~he Colher Count/ Historical S~ier/ A commun[P/ o~n house i~ held D~ 6 Palm Co,age: Naples 26~- 8]64 6 The Gulfc~sl Skimmers presen~ waters[i show every Sund::y 3 p m La~e Avalon. Naples 732.0570 9 Ikebana International, Nuples Chapter 160 sponsors a field trip to Bok Tower ("x;rdens. 'wr~les Lunch included Reset,,at,o.s requ,red 263 1907 9 The Womea's Republican Club hohk ,ts armu at fasfuon show, fegtur,ng clothes From Johnston of 8214 11 ~E~en~g ~ Sth' I~re$ a gab at ~e ~1. lerie~, ~ping u~ ~e s~r~ a~ ~idewatk enterta~n~l. 6-9 p m, ~th Avenue ~lh, Naple~ 435-3742. Theater & Dance 1 Dances t'rom the Hearl brings together the tal- ents and slyleS of numerous dancers and choreog. rapher$, to benefit Dancers Responding to AIDS pm. Ph!lln~mo~ic Center for ~ Arts, Naples. 597-1900 or [800) 597-1900. 2/4e onc/My G~r/, o rags-to-rlcl~es musical in London, is presented by The Naples Players. Through Dec. 5. S~defl Communily Theatre 263- 7990 10 Bravo, Carusol., which recounts the tanrer sohons h~t..~,e~,n Enrico Caruso and his dresser before the star's last performance, is presen~ by T~e Naples Players. Also Dec 11.13, 17.20 Sugden Commumty Theal,e 263 7990 12 A Partridge in a Pear Tree ar, d '~t,e Trcut;!e w,th Christmas Presems a~e h,vo one ecl plays to performed by the City Thespian Society for l'eer~s. ? 30 p m Also Dec. 13. 2 p m t.iorris Commumty Center 434 4690 13 Navidad Flamenco is a presentation of Slxm~sh dances by the Cortota Santana Dance Company 7 p m Ph'lharmoni¢ Center for the Arts, Haples 597-1900 or (800) 597. 190(J 22 Spirit of the Dance features Irish reels. menco, tap, ballet, ilve and a five man trO~,pe oF ut~ran,an Cossacks 8 p m Also 8 p m on Dec. 2] and 2 p m on Dec. 26 & 27. Ph,lharmon,c Center for the Arts, Naples. 597.1900 or (800) 597 ~ 900. JANUARY '99 Art & Museums 1 'Twentieth Century American Drawings' is an e~,hibit o[ works on paper Through Jan 29 Philharmonic Center Jar the Arts, Naples 597. 1900 or (800J 597-1900 2 'Ar/ in the Pork' is an outdoor art FeshvM. Featuring wo~l,,s by local artists Sponsore,d hy the t'kJples Afl AssOciation 10 a m .4 p m P(JrJ~ 262-6517. 3 Gregory BioJichini grves a demonstrahon rind lecture on figure painting m ods ] p m Art League o[ MrIrco Island 394.4221 3 ~The Art o[ Japan in Fiber & Form' ~s an e,hibifion al Japanese quilts & wall hangings by M~ld Kusokabe and others Sculptural ral~u pottery b! Terri Savage is also [eatured, as are pen, pen- al & watercolors by Joy Marlau in the Members' Gallery Through Jan 29 Art League al Marco Island 394-4221. 4 Earl Peternell teqches a pamhng worLshop for oll levels ~md m,:d,q 9 30 n m 12 30 p m 'Through h.'J; I Art l~ffjue aT Marco Island 394 4221 4 Joy Marlau Ice,thus a I~n,~ drawing work shop I 30430 pm lhmugh Feb 1 Art bx~gue al Marco Islemd 394 4221 5 Joan Soberer teaches a t~glnners' water. color ~o~shop 930 r~m-12.30 pm through Jan. 9 Another workshop lot all levels is offered Jrm 19-29 Afl league al Marco Island 394-4221 5 William Williams tc~cl~es stone sculpture classes for inleu~ate to advanc~ stu~nts. 9.30 am-12.30 pm o~ ]:30430 pm Th*~gh Feb 23 A~t t~gue al Marco Island 394.4221 5 Audrey R~ l~ches a wale~color worb shop ~or interm~iate & advanced ~tudents 1:304 30 pm [brough Mar 2 Art L~gue al Marco Island. 394 4221. 6 A Beginners' Class m stone ~culp/ure is a[ferml 930am-1230pm H*r~ghFeb 24 Art Ler~gue o~ Marco Island 394 4221 7 Diane Reed Eiler tec~d~es a workshop for all levels m o~1 or ocrylics 1;30 4 30 pm. Through Mar 4 Afl [~Oue aT M¢lrco Island 394 4221 13 Gregory Biokhinl trenches ,~ Lgum/[~, 'r~4ur, o,I ~,ar~shop to~ all ~evek 9 30 q m ~sJond 394-4221 4 30 p m Through Jrm 16 Art Ir~fftue o[ Marco kland 3944221 16 Arkrahers in the Park ~s an outd~r hne a,ts and crafts show f~Jtu,,ng work by the ~4ople$ Artcra~ers 10 a m-4 pm Combier Par~ 947 ~95 18 Art Encounter '99 ,s a iuric~J e(hibifi~l of ~,o~k ~y ~thwe~, Florida art,~ts s~n~J by the Naples Art As~iation O~ning r~eption 5:30-8:30 p m Thrash Mar 8 The ~n liebig C~mun;~ Art Cenlec. 262.6517 18 Pat Deodmon teaches a watercolor/ abstr~t ~rkshop Ear all I~els 9 a m -4 p m Through Jan, 22. Naples Art Ass~iati~/von Liebig Art Center. 262 6517. 19 The Naples Porcelain Artists galher Ear a m~tmg and ~inlalong J0 a m Corj~nter's Hall 649 8098. 23 The Mem~rs Outdoor Show tr.~tures wor~ ,n various m~ia in this non-jur,~l show & ~le 9 30 a m 430 p m Arl League al Marco Island 394-4221 29 Len Messineo t~Jches o phot~rczphy workshop, [~using on aature phot~jmphy 9 30 a m 1230 pm. Through Mar 9 Art L~gue of Mr]rca Island. 394-4221, 31 Max Muller gives a demonstration omi i~- ~e on walercolor ~inllng 3 pm. Art Lc~ue o~ ~rco Island, 394.4221 3l "Master Class" is an o~htl)ilion oF contem- ~rary watercolors ~y Joseph FeHingis, ~K~i~ ~ Clellan, ~ Muller &Patricia W~wer, tiand- · blown glass worLs by V,ct~ Alexonde' c~e als0 ' -.. ~oa~ured, as are watercolOrS by Ann ~i~OS ,n Mem~r( ~e~ Thr~gh Feb 26 A~ L~g~ of Ma~(o IsJ(ind 394 4221 Children 9 J.C. Penney Family Day aiJows :~ee to the galJerles 10 am. 4 p m Dc~ent guided 'our atllom a~d2p~ PhdharmomcCen'er~or 28 A Li~e Princess, the dra,r4~hc taus,cai story o~ n rich young g~rJ ~hO h~js ~vo,~thmg u~hJ me Lec~res & Discussions 5 ~Burrowing ~ls' ':'v ",v ;'/.s o; ': ~',:', 6 Pianist Ru~ Laredo p,ese,~", ': Co, :,.ts Commen'ary' f~u~mg g~ 'he ~o, ks o~ 8 p m Ph,lhar~mc Ce~te' ~o, ~e Arts 8 Menso, ~e h,gh IO s~ e'~ hoJa~ w~L}/ cuss*~s O~n to ~e ~bl,c 5 8 pm. VcJnderblt Inn Nap[es 591.4565 9 'Cri~c's Choice,' ,he r~l;u~qr }~/,~ 5..7 9 "Murder Mosl }hgh , , , , ', ~.'.'.,' ', . the Un,ver~,~/ of Dela~a,e kp,,s ,-dude P~rJ Har~r. set,al k,Jlers crud h~em, x murders 2 p m Also Jan 30 & Feb J~ Fh,lhc~rmomc Center for t~e ArTs rqr:~Jes 597-19r~) or (BF~J) 597 11 'Proliferallon o~ Weapons of Mass Destruction' ,sd,~c.~sed :;/P.cc-:~dS S;ec%' Counc*~ r,n Y/orl~j .t;;r: ,~ [,..:.,_.r. ,r.r,,% ,: ;'. p m rJr:~,',es Deft 43,t 1] T~e Town Hall Sedes ;s',-s, "~ '-:"s' ':~ · 13 qhrough the NeedJe'~ Eye: [mbroldery Art" ~s u pros~ntahOn ~y Dec:n,~a Poweli of the Emb.o,dere,s Gudd cf Amc.ca 10 Ph4harmo~;c Center :or 'he Aris h~qp~s 597- 19~ or (8~J 597- I 14 'Criffc's Choice," ~e ~pu~,~r ~k re.,,ew series led by Elaine He~'o~ l~ks ~ Cold A~n~in byCharles Fraz,er ~0 a m & ~ ~0 p m Philhar~nic Ce~er for the t.r~ r~aOles 597. 1 ~ or (8~} 597-19~ 15 Jack~n Janes. e,~ut,ve d~r~tor of American Inshtute ;or Con'em~rary ~rman S~dies, ~hn Hapbns Um'~,s,~ d,souses ~he cur rent European s,tuoha~ Pc:rs oJ lbo Eondo S~kers Assembl/lunch~m torture series ~yCbh 992-294~ 23 'Brush Up Your Shakes~are," a ~ecture series by Paul Rathburn a~d [ia,ne t~e~on. at Rom~ one[ )uhot I0 ri m Phdh~lrmomr Cente~ for the Arts. Naples 597-1r~)J or (B~JI 597 Impact on t~ Frost. Economics Part of the Naples Council o~ World Affal,t, lecture set,es 4 & 730 p m Naples Depot 434 3782 28 "Cranes of the World" is the top,c of n pre sentatlon by George Archibald of tho Internat;one~J Crane Foundation L',dudes a focus on the remtro duct,on oJ the whooping crane to Florida 7 30 p m Conser.~ancy of Southwest Fbnda. 6,',9 9754 29 The QUEST dinner/lecture series brings ,nterncifiona!l! known soec~kers to ru~r*.nt concern 6 p ~ R,tz Carlton i',lnples 643 Music 2 "Ring in Ihe Flew" ,', ,L,-~ ,:, r~uc:i t ,~,,,, v~,:? ,, ~cJ-,ert t,',cDuJl,e, soprano Jc~mne SnedeJ~er arid thr. PhiJharm'~ni¢. Center Chorale 2 & 8 pm Ph,iharmonic Center for the Arts. Naples 597- 1900 or (800J ~97tf900. 4 Dance to big band sound,, of the l',~es JaZz Society o~'chestrq. 7 pm St.: John lhe Evangelist Catholic Church ~ halt 566-1997. $ The Four ~ and The Temptations re<ream p m Philhar~ ~ente~ for ~ A,t~, 597.1900 or iB00t 597 1900 7 *Muslcol Polntlngs~ features wor~s by .~.huJJer, Brlttefl & Mussorg;J~y Perfumed b.,, the N.:l:Jes Ph,lho.monlc Orchestra M,chael Stem rrest co~duc~aL 8 pm Also Jrm $ & Phdharmomc Center ~or the Arts. Naples 597 19C0 or tS001 597-1900. 10 Nielsen & Young perform a dual-piano cert 4 & 730 p.m. First Presbyterian Church. Naples 430.2691. 10 The Four Freshman, joined by the Dennis t4odn/Brmd p~esent a inhute to J~'lndleode~ K.m~or'~ 7 p m Ph,thom,omc Center fo, tko r'~.j:)!,.s 597 19f'Y'J or (8C©) .597-1900 11 The London City Opera performs ~He~,.'~. ~:¢:;:les 597 lrYK)o, (~C~J] 5~7 597 [900 or (P~00) 597 19C~J 14 Ethel Merman's Broadway ,s a one .,,,oman re~:re(mon Of the incomp, arabJe taus*col ~he(;ter star 8 p m Philharmonic Center ~or the Arts. Naples 5974900 or (800) 597-1900 14 ~C, ershwln Sultel' is a Candlelight Chamber concert by members at the Ne~les Phdharrnomc Orchestra 8 p m Temple Shobm AI~o Jan 1 p m. Wesley United Methodist Church. Marco and Jan 17; 3 p~, Philharmonic Ce~te~ [or Arts· Naples. 597-1900 or JB00J 597-1900. 17 'Waltzes Rare and Familiar" ore performed by pianist Paul Bisocclo. Part of ~e Hyacinth Free. Concert Series 4 p.m. Moorings Pre,,,byter,on Church. 1'.4aDios 261.1487'. 17 Barb & Toby Waldowski present a ~r,~e con. reft 7 pm. First Presbyterian Church, Naples 430.2691. : 17 Art Garfunkel presents a concert of old [a,,orites and new classics. 7 p m Ph,lharmon,c Center ~or the Arts, Naples. 597.1900 o~ (8C~) 597.1900 17 "V~ennese Ban Bans" is a cc~ed al wor~s by Mozarl. Schubert & Strauss. performed by the Philadelphia Piano Quartet 2 pm Edison C:)mmuml7 Colle~je/Colher C¢lnlpu~ Also Jan 18. 8 p rr,. (it Sug(Ion Community The~ltre, Naples, and Jr:, 19. 8 p m . at Umtr~ Church oJ h'~'rr¢o island 434 8505 18 Pionisl Billy Taylor io*r',s with Jx~ssisl Ch~p ]c)c~,son ~ drummer Steve Johns tar u jazz concert 8 p .'l PJ'~dharmon~c Cent,~'r lot the Alt"., I~:lples 597. 1900 or (800J 597 19fX) 20 'The Fiecller Tradition~ ~s ri pops concert by E,~ch K~m;nJ [eqtures ,~(,I,rl~sl )Hn~r'S 22 A harp and flute (on¢efl ,', ~/m'.or~xJ 24 The Naples Concert Band p,,',,:nts <rmc,,t 2 4 p m Ct,mi,,er f'r,rL Bung lawn oho,rs ~cr sc~:' ng Ahemate ,,d~ s,te ,s Fi(~pl(,s Fhgh ~.h~l 263 9521 24 Music Irom ~e lucerne Center is f~red m a f~ul~ c~ert ~n~r(d by ~e t~f~ Mus,c Ctub 2 p m Fa,~ Lube*an Church 435 1105 28 The Toronlo Symphony Orches~a o cb~st,:al cancel/ an~ l~ d,~tJOn al ~ & d~m~c Ju~a Pe~a ~ra~te 8 pm ~*l~m~,c Cen~r ~ the Arts. Na~es. 597 1 ~ r~ 18~) 597 19~ 28 Music by Northwestern Universi~ Jacul~ J~:tuf~ ~n a Con(err sj~)n'.or,~J hy IJl,~ NapJ~ 30 O~ra star Harolyn BlecLwell l~rtorm~ rm m~,mate solo conc~tl 8 p m Philham~onic Center ~or the Arts Naples 597 l~ or (8~) 597 31 "The Fabulous Dorseys" ,. ,~ mulh m~ha [)~ esr.nlrd,on Je(ihjr mfJ thr, J,mmy Do~s~y Poetry & Writing 8 PAN IPoets Around Naples) ;~'r! on the seconcJ Fri~Jc~y oJ the month (J,~n 25j ~s A MiJhon. Noples 264 12 ~oside Story Spinners m~t~ tho %~ay of the ~nth to share t(sles 7-9 Coll,m C~n~ library, Central Avenue. 262 6853 Special Events 3 The Gulfcoasl Skimmers ~esenl ~rea watersld shows 3 p.m.I.a~e Avalon~ Naples 732 0570 7 "We'll Always Have Paris' is an art d~o & v,nt~e fash~ s~ and ~le. Spon~ ~r;~ & ~Frone J~eJry. ~nefits the YMCA ~rship bnd I1 am-7 pm Triar~n r~pbs. 513.2333. 8 'Evening on ;ifth' I~,es a ~la m the ~ller,es, shopping under the skns ~nd s,cl~lL entertolnmem 69 p m F*fth Avenue South Nr~ples 435' 3742 8 The Collier Coun~ Fair offe~s i,ve~k e~h,bi hans. enler~¢llnment games r~des, re~reshmenl"r... ,~luccmonal ~.h,b,,% r~.d ,.~o,o Through Jrt, Colher Cou~:~/Fa,rgraund~ 353 4244 12 ~Waltz [wm~ng" f,.,~t,,,,,.. ,ha..t Viennese," followed by S~,r:uss ~¢/~ze~ t~rform~t the Phdadelph,r~ P,c:~o Quartet and demon p m. Pelican Slrand Country Club. Naples 434- 8505. 23 The 1S~ Annual Mullel ¢.s~vol hash f~sh, entcrtuinment & the Buzzmd Lo~ AI~ Jan. 24 S~an's Idle H~r. ~land 394.3041. 30 'Casablanca 1999/Rick's Cafe Amedcaln" ~res a Mor~can d,n~er, da~ing to ~m.~ Orchesha. Riel's [x~cL r~m casino. ~he Blue Pc.rot ca'ret, a Casablanca Ma,~e'place & more Benefits the YMCA sc~:a, sk,o ~und 7 p m Lennane Hanger, r~:~p%s :*,ff~.~ 598 5', 54 Theater & Dance I I Hate Hamlet a haunting ¢~m~y f~tunng the Gr~l Barryma,e ~s ~esc. n~l by the Pelican Pk~yers 730 pm Aka Ja'~ 2 ~ 9 15 ]6 Norris Comer. Came>er PearL. [~<:ples 4]4 6490 4 The Stars o[ the Paris Opera Ballet perfo, m a ¢oHechon ~ e~s~'~;e ce~,~s 6 The Friends of the Library ;:,~-se~s ': sc'e.--" R~¢oluhon 7 p m Cerfrc:i brorck, Colher Coun~ ~brary 262 8135 6 On Ga/can Pond ~s presen'~ by The Naples Players Evemng and mr?,eee performances Through Jan 23 Sugden Communist fh~tre. Naples 263-79e0 16 Big is a musical come:l/bai~ on ~he ~pu lar bm Han~s ~dm 2 ~ 8 ~ ~ Phdhar~mc Cenler for the Arts Na~es 5~7-~ 597-1~ 20 The Friends of ~e Library p~esents a scr~n. ing of ~ ;he ~;ghr Thing Sm~e L~'s film on race rebt~ons ,n a BrooM~n r~e~g~borh~d 7 pm Cemral Branch. Cailier Cou~t/L,brary 262.8135 22 The Once in Awhile Park Players open a topical re~ue 8 pm. Came;er Par~ Norris Cen~er 434.4690 26 The Miami Ci~ Ballet ~rfa~ms "Stars ar, d Strips," a ~ribute to John Fhdhp Sauscl as ~,ell o world pram,ere ~/ cka,eograpker J,mmy ~mocet de ]cs h,.,os ~ p ,~- Aha Jm 27 Ph~[harmon;c C¢',"¢' ;~, fL,, z,.% t4~:pJ~.s 597. 28 Ladies First ,~ '~ c",: ,.a,' .:~ c~eseqta',on the eyes of s~, F,%, ~r::j,r,s 2 ::, m Fh4harman,c Center for the Art~ ~<:r, les 5~7 19~J or (8~) 597-19CO 28 I Never Sang For ~y Father ~s prese~t~ by ~The Naples Players E,,?mg mahnee ~rfor, mantes Thr~gh Fe~ 7 Sugden Commum~/ Th~tre, Naples 263.7990 FEBRUARY '99 Art & Museums I 'Master Class' is an o..h~b*tion of contempo tZcCleJtan, /~:x Muller & Patncia W~er Hand blo~n glass works by Vicar Alexander a~e al~ Mem}~rs' ~ll~y. lh~h F~r 26 AH L~ o~ 27 Artcratters in lhe Park is an outdoor fine AHcrafiers 10 am 4 pm [leischmann Park 947 28 "Southwest Elements" is an ed,bdion ~rmg clay & bronze sculptures J~y J,~m Juhlin and Nancy ~ria~ i~ are uko t~,urc~l in the Memi~r¢ t/c.~rca Isbnd. 394-4221,~ ~ :.' .... .. Gallery. Through M,'Jr 26 A,I L~jue al ~rco I Irving ~k~r~ ~s~ in ~SN, ~ I~nd 394-4221. ~r. IS: ~;~,~ ~ ~r,° '~d, Children 394-4221';'~:. ~;(% ;/7 : ' 13 J.C. Penney family ~y ullow~ h~ ,~m,~ 2 J~n Rh~re~'~'~~ si~ lo ~e galleries 10 a m 4 p m ~en, gu,a f~allt~S~9:~a~'.12:~pm lhr~hFeb ~t~ratliam ond2pm Phdha.~nicC~t~ 23 Art Lc-,c~.Ju~ O~ h'~rco Island 394-4221. 3 Ikebana International sponsors a and film/J~re on the Ja~ne~ t~ ceremony a m N~ples ~ 263-2778 3 Sylvia Krisso[ lec~res on Picasso. 7 30 p.m Afl L~gue o[ t~rco Isla~ 394.4221, 4 Diana R~d [ilar l~hes an oil/actyhc shop for all I~els. 1:30.4 ~ pm. Throb ~r. 4 Art t~gue of/~rco Isla~ 394.4221 6 'Art in the Park" i~ an outd~r uti featuring wo~Ls by I~al orhsls S~nsor~J by ~i.:p/es Art As~iahon 10 a m 4 p m CamPier Fm~ 2626517 TF.ough Fei) 12 Art tc~;gue al Marco 9 Tom Lynch presems a watercolor wor[shop, txus,ng an landmass, ft~ers & ~or~s 9 ~ m -4 p m fhr~h F~ t2 Artt~ol~,co Island 394.4221. ' 9 'Animal as Mu~' is an e~hibit °l in~ir~ by ani~ls. ~ ~ is Cathdln ~ ~ern ~s~,' a re~o~tlve, Thr~gh ~c 2; Philbr~ C~ f~ ~e Arts. ~ples 597~1~ ~ (B~) 597-1~, 13 Marco Art '99 is a iuri~ ~ti~l ~ow, f~. tunng works *n varies m~ia 10 a m-430 pm. Also F~ 14 Art L~ of ~rco I~nd 394 4221 15 Pat San ~ucle t~ches an ~atercolor wa&shop br all l~el% 9 am -4 p m Thr~gh Feb 19. riaples Art As~iatlon/von Lieb*g Art Cent~. 262.6517 16 ~e Naples Porcelain Artists ~er ~or a meehng and ~intolong 10 a m Ca,~nte.'s Hall 649.8098. 20 The 20th Annual National Art Festival ~htoughoul tJ,u Country !0 a m 4 p m Also Feb 20 Tennessee sculptor Bruc~ P~bl~s qnrJ d,:cusses his work ~ om 4 30 pm Feb 21 [rom t 5 p m Eenefd~ & bocci by Con~or¢czncy of Southwesl Florida Naples 455- 6897 24 Max Muller presents (l watercolor for ail level~ 930 am 3 30 pm ~hr~gh Feb 27 Art L~juu of Ma,co Island 394 4221 24 Womansca~ '99, an e~hib~hon ~y the Um~ Arts Council al C~ller C~. turns work by ~men artis~ d~li~ with ~men's isles. ThrOb Mar IO 263 8242. fo~' d,e Arts, hlaples 597 1900 or (8001 597 1900 17 An Ire-ish Tale teits the star y al bye i,,<:x'~r and J,:~z,.' tnsh r~sonts grnnt~J w,st~n', hy misch,¢wo~s leprm:i~auns Presented by the Wood & Puppet The~tre 11 30 a m Phdharmonic Center Jar the Arts, Naples 597 1900 or (800) 597. 1900 18 The Tempest: The Power of Magic pre.nfs ShrlJ~espe~m's classic to young aud~e.or~s through an emph,rJsfs on mrlg*c [,tr;¢J myCery Present~J by Tko ;-chrW ComF.,Ony 9 30 a m C,m'er for tie Art,, f']¢~ph:s 597 19tX) or 597 I Lectures & Discussions 2 "SHARKS? is lhe lopic o[ a [)reserdahon by ~C;~) H,)etor who rhscus'~'s h~s res~lr(h at 'Z~r"'¢ [g~ffltOr~ 7 3f) pm Conservancy oJ ~u'~'~,e¢ Flodda Naples ~49 9754 3 'Picosso' is ~e sublet o[ an arl appr~,ahon ~re by SyMa Kris~Jt 7 p m 'Malisse" is Ihe sublet on Feb 10. Art L~g~ of ~rco Island 394 4221 5 Tom Fazio, CEO al Fnzio ~1[ Course ~slgners, d*~usses his phdosophy of design Pa~t o~ the ~nita S~e~s Ass~.mbly lunch~/l~re ~rms ~mtci ~y Club 992 2943 5 The QUEST cfinn~/l~tu~e serle~ bd~s mte~ nahonally [nown s~e~s Ia discuss topics O~ re~t concern 6 pm R.tzC~.lton. f Jelf,lt, s 64] 3573 6 Mensa. the bgh IQ s~,etf, holdt w~.kly d,~ russians ~n to the ~blic 5 8 p m Vonderb,h Inn. Naples 591~565 8 'China: A Developing E{onomk ~u~r~wer' ,s d,scuss~l by [~,d [ampto. d,re¢or o[ China Stud,es m ~ohn Hop~,n~ Un,~e,s,~/ Pn,~ at the Nn~¢es Councd o. Wodd &ffm,¢ lo<turn s~.r,es 4 & 7 30 p m FI.ides ~l~t 434 3~82 I~ "Cdfids Choice," the populc~r book ,e.,e~' smms led ~y Ela,ne Nnwton, looks at Thc HouS,, Gun J~y Nad,ne Oordm~er I0 r),n ~ 1 30 p m Ph,lh(nmonic Center Jar lhe A~t~, ~4apl,~s 597 1900 or (8OO) 597 1900 13 "Crifi(s Choice," lbo Popuja, boo~ rev,ow sm,es led by EIt,me N~wton, looks the God of Small Things by Roy Arundhnfi 10 · ~ m Phdho~monic Center fo~ ~he A~ts 597 i900 or (800l 597 1900 17 'Berlhe ~orisol" is ~e sublet al an art oppr~ati~ I~tu~e by Tl~ ~ith, 7 p m '~ry cas~' is ~he sublet ~ Febr 24 Afl L~ of ~rco Ida~ 394-422 I. 19 Tom Curley, president & pubLsher oF USA Today. discusses his paper's re,pad & the role of the media. Peri at the Borate .S;:~e(:~ers Assembly luncheon/lecture 'mr ts B~m,,: ~y CJuJr 99~ 2943. 20 "Brush Up Your Shokes~re,' a series by Paul Rc~th~urn and E~ame Ne~on at Macbeth 10 a m P~dharmon,c Cen~er for the 22 'A Sculptor's Journey" ~s a muJt,.m~,u pre sentafion ~1 Sculptor and p.oJessor Chr,s~me F~erigh, t0 a m Phi[~,armamc Ce~er for 22 'Russia: Still a P~ayer~ ,s d,scussed by ;er,es 4 & 7 ~0 :~ m Ncmies De~t 4],t-37~2 26 The QUEST d,~ner,qc~e series brings mtetnahonolly ~nown s~e~s ~o d~uss ~op~cs al current concern 6 p m [~tz.Carl'on. Naples 643. 3573 28 "Contem~rary Art in ~e American Home' ,s the sublet of a slide/l~re by ~ K~y of Koucky ~llery in Naples 3 pm. ~t L~g~ Marco Island 394.4221 Music 1 Frank Paterson, one of Ireland's ~enors, ~rforms a concert al ethnic ~avori~es p m Philharmonic Cer~e, ~or ,~e Arts, 597-19~ or (~j 597-1 1 Dance to big ~nd sound~ of the Na~[e~ Jazz ~ie~ orchestra 7 p m St John ~e Evangelist 4 "Classical MasterpieceF'~, .~ r~:, .,¢ ~.g, ChamE~r concert by memke~s cf the Naples PhiJharmomc O~chestrn 8 p m Temple Shqlom. Naples Also feb 5 e p m Wesley Umt~ tAeth~J~st Church ,'Aarc~ 5~7 1~ or 597-19~ 6 "Pop Favorites" ~ e ;c<'/-d ,,~ c~ coecert ~;/ p,m Also Fe~ 7 2 ~;m, ~4.ff;:es High Audhorlum 353 54]3 7 Violinisl Ellza~ Pit(aim pe-~o~ms as pc:d ~he Philadelpba P,rmo Oac'~e's Eme,gmg Art;st~ sones Piano accom~m,men~ ~y Joh~ B~ackJc'~ 2 pm. Edison Comm~m~/Co~ege,'Coll~e~ Campus 434-8505 11 "Hiawatha'~ Wedding' featu~e~ wo~k~ ~orak, Hindemith & Coleridge'Ta~lor, per' formed by the Naples Philharmonic Orchestra Chrislopher Seaman. conductor Features the Philharmonic Center Chorale 8 p m Also Feb 12 & 13, and Feb 14 a~ 2 n'n Philharmonic Center for the Arts, tJaples 597 1000 or (800) 597- t 900 14 The Naples Concert Band presents concert 2 4 p m Came,er P¢~ F. ,nB la.m lot secting AJ~err. r:te ~ndr~.r ','r: ~S ~Jql)Jes ~h~l. 263-9521 14 ~Mel~y of Love with Mar & Gar' i~ concert. 4 p m First r'res~erian Church. Naples 430.2691. 14 Ying Quorlet, the res,dent string quar*qt Eastman Sch~J. performs P~.t al the Free Canoed Series 4 p m ~,',~ng~ P~eshy~e~an by Bach. Bolling, Baa, er & Zeb Billing.,, performed by the PhiJc~Jelphia Pian~ O~artel 8 pm, ,~gden CommumF/Thr~atre, Naplm, 434 8505 18 Paul Anka performs a concert o~ pop Ia,or.res 8 pm. Philharmonic Center for the Arts Nr]ples 597-1900 or (800) 597.1900 19 Dixie Carter sings, jo[es and tells tall tabs !lrowm~.! up in Mclemor~,lJo. Tennessee 8 p m Philharmonic Center Jar the Art~, Naples 5'97 1900 or i800) 597-1900 20 Lee Greenwoo~ presents a co~ntr'f £Oncert 8 p m Philharmonic Cenler ~or the Arts ,597' 1900 or (800) 597 1900 21 The Naples Concerl Band p~eser~ts a concert 2A p m Mackle Park Marco 8, in9 cha,rs [or s,.'~, g 263.9.521 21 'Hungarian Influences' ~s a concert of works by Kodaly, Paul Schoenheld & Brahms, performed by the,philodelphlo Piano Ouartet Guesl cellist Rulhi:Alsop. 2 p.m, Edison Community Campus,. Also Feb 22, 8 , Theatre, 21 Orammy & Dove award Winner Cynthia Clawson per~o~s in concerl~ 4 & 7 30 p m First Presbyterian Church, Naples 430 2691 21 "In the Fiddler's House' is a conceal ute by Ilzhak Pedman ond various groups to Jewish Klezmer music 8 pm. Fhilharmonic Center br the Arts, Naple~ 597.19~ or 5~7 1 g~ 22 "So ~ny Slar~" i~ ~ conce~t t,l Basle. celebrating ~rious mus*¢ s~es Irom o~ra ta jazz 8 p m Philharmonic Center for the Art~ Naples 597 19~ or (8~) 597-19~ 24 "H~gy & Duke at I~* is a F~ps concert By the Naples Phdharmomc Orchestra Condudc~J h/ Erich KvnzeJ Features music hy Hang/ Carm,ch(:eJ and Du~e EJhng~on 2 & 8 p Th,ough Fei) 28 PhdharmomcCemer far,he HapJes 597 19~ or (BC~) 597.19~ 28 Internotlonally renowned pianist Hunttey Brown re~rns br anath~ concert 4 & 7 30 p m F'rsl Presby*e,man Church, Naptel 430-2691 2B The Smithsonlan Jazz Masterworks Orches~a pre.hiS o concert celebrating the uniq~ Am~ican ~ and origins al jazz. 7 pm. ~il~ic Ce,~ f~ t~ ~s, Naples 597-1~ ~ (B~) 59~, 1 ~ Poetry & Writing 10 Seaside Story Splnnet-~ me. ts the s~and Tuesday of the month to share tales 7 9 p m Coil;er Count'/ L,brary Central Avenue Naples 262 6853 13 PAN (Poets Around Naples) meets to poeUy on the second fr,day o~ lhe month L~ahon vanes A r~ding ~s present~ the fourth Monday JFeb 23] ~sA.Mdlion. Naples 264- 1195 Special Events I The Gulfcoast Skimmers presenl Fr~ shows 3 p m La~e Avalon N¢~pies 712 0570 : 5 I%e 26th Annual Everglades Seafood Festival ~eotures entertainment, ads & crafts and lois o~ fresh ~lf~l Thr~lh feb 7 [ve~glodes 695 39,t I 12 "Evening on Fifth' ~ncludes o Qda al tt~ ~;ltm,es. shopping under the slots and sicJ~lk~ entedc~mment 6 9 p m F ihh Avenue ~uth, 16 "An Evening of [logan(o' is n t~nelil to~ the Oa.,d Lu~ence Fc~ndahon ~.hnls [gA 403 3729 16 A Gala Mardl Gra~ Celebration ~s pre~ent ~&:ples 774 7937 20 *S~le, Simplki~ and ~reni~' ~s Ihe theme of Ikd.~ua Intern(Il on(lJ's e~h,J~it,on o[ Jalx~nese flower ar~angemenls ~emon~t~rlhorl$. and g,nm Ish~pmg ar~J am It~ed 10 a m 5 pm Also Feb 21. I0 om 4 pm ~ple~ ~1 7931885 or 263 2778 Theater & Dance 2 The Mark Morrlt ~n~e Group ~e of ~e most exciting n~ d.nre ar~nd 8 pm, ~h~lharmonlc Center [or the Aris, Naples 597-19~ o~ 18~) ~97 I~ 3 The Frlend~ o[ the Library p~esent~ a m9 of ~vt R~gby, You're u F~I, Rob Reiner's tale p m C,.ntral [)rarKh. CoJher Cour,~/bbrary 262. 8135 3 Victor/Victoria ,s a mus,cr~l con,,x]y garrmf: T,~,,; r~.n,lb 2 & 8 pm ihr~gh Feb Phdharmomc Cente~ ~or the A~ts, Naple~. 597- 1~ or (8~J 597 19~ 3 The Sup~rting Cast, n com~ly f~J~t hapl~ns 9o fr*ends when they [inrJ Ihem~lves J~p,cterJ ,r, [~ct,on ,s presm~tc~l hy [he Nr;ples through [,:[~ 20 Sug(leo Cnmmun,~ 9 Tango Buenos Aires presents ~] l)r~jmm al Lahn dance ~ p m PEdharmon,c Center Jar the Ar~, rlr~pi~ 597 19~ o~ JB~) 597 19~ 16 Tke Miami Ci~ Ballet l~dorms an "Ail ~monet" evemng, oJ wo~ks hy m~<Jenf cho~l rapher J~mmy ~net de ~s Heros 8 p m AI~ ~ 17. PhiJ~rm~ic Cente~ Jm the Ad~. Naples 597-19~ or (8~J 597-1~. 17 Tke Friends o[ the Library pr~nl~ a mg o~ T~e W~el ol F~ Henri-~rges C~uzo/'s film o~l J~r dri~er~ des~rate ta get ~t o[ a ~quahd ~th American town 7 p m Cen~r~lJ branch Collier Coun~ ti~m~y 262 813~ 25 Alert Einstein: The Practical Bohemian ~ne man presentation [)y Erl Melzg~r a~ ~enown~t genius 2 p m PJ.lharmomc Cenle~ the Arm H<~ple~ 597 1~ or (8~)J 597 1 25 Dea~ ~[ng Acts, o !ua of shoo pi~es by ~v~d Momel, Elaine May & W~ly Allen. is p~e- ~ented by The Naples Players Evening and mati- nee performances Tt,ough Mar 7 Sugden~ Commum~ Th~he, Naples 263 79~ Arts Alive I)k' MI- ~Upl~rtvd Iht' ~.rk -f Iht J'nJle(I .\rt~ ('mln(.'JJ (JllrJrl~ J k'mn~ ('lalk< RUth % ('l.lkhn ~l~l' (',.q~.r lcd dc I r.mk ~k I r:mkhn I Sh.m,n I Mr. ~ Mf~. l:~'~ I-J~lh~ Phi Fh~k Members 'List r,,~.,, .~ ~,,.,,,. I ~..,I .... ;~?!i~~. L. ('~r,~l il Jl'~ Ikql~ M...h.dl& II.k') ,u. (,, %n,, '~ Mc ~ M.. I,~Th ~.lpJt'~ ('t)lk~'ll ILmd I ),,ii. % ?A Page 9 %,mi J'Jatl Mt. I.. J,,mes %ir', I'G x. ~.llhl~ %1 ,% ~Jl~ lick u ~Jllll.lL %h ,% MtN (h..h'~ NI,N k~ell Rci,.[ J Ipj~'it I ,~'-iL'c R s~,dla~*' III ~1~. h ~vl XS i~'si~'l Mix %1~flh n l'..¢ ~, Allx.~Kl¢~r :~ ? .~.:,'~ ' ~ [ ·' '~ ~ : ; ' ' ' ' .... x ....... : ,; ~ ~' ~?;~¥,:~?; 1'~ YOur ~m~ C~ b~ I~CIUd~d h~r~. jol~ , '~ ' ?~"~. :~.~/~':1~ the Umted Arts Councd and supporl the ~.,~,.~h~,~., ] ' ':~. arts in Collier County. R~,ndhl J. Kuum~l L Page Aris Alive S.me ~¢enet from the i'ery SI;eci. I A rt.~ I:e.~'tival on Ocr.her 2.{th, I Porcelain Artists Prepare for Annual Show ~s pr~ess, t~lh e~qu~s4e resulls.' The P~cebin An,sis' ann~ sh~ ~ ~u~l I~ M~ch 6 ~J ~, I~. from ~0:~) am ~o 4~ p.m. Il ~¢~ ~ ~td al Car~i~"s L~ Jazz Society Schedules Monday Night Dances SeCOnd Annual Humanities Festival Planned },tdfr,l~ ,~,4)r¢ ,1', J Iii, { )u ~jfj%j ff). ,J, lr~l? Air,hn ,irktl M,~r,l.~n I M~t{ Arts Alive Page 11 Meet Barbara Anderson Barbara :\ndcI,(m Ihll. Iifx: Exccmixc I)ircch.r ~,1 the 75()-tllClllJ~r or~alli/itllOB ~Mi~ prcpar- in~ to talc Iht mt~,l publicly ~i,iblc fllt~lllg itltt~ the ('11111Illtlllil} Art Comer ill ('illIlbi['r 'llhc cxp;in~c [.il':Iii}. h:Tclhcr a ith it~ IIill bring, ~ll~,hlrtl~;iJ cx[~'l'iCll~'c cxix. clcd lt, put esot) bit ::I her back- '"Iii my mind. iI's ,i ru'nl priv:lu'gc ~ hcru'. There's never [~'cll all lis'c direch:r ,d the NaldeS Afl AsM~'i;Iti~lll beh:rc. 'lhcrc'~ Ilc~cr incredilqe l:r:)gl;lln~ t(: Iht public." ~llu' ~;litl. ",.Mhl t~l]~' n[ Ibc lhin~ thai I h~)' ill thc ~'Ollllllllllil) It) realize thai bi' ~mlcihillg to ~cc, MilII> {}1' thc "()lTl' ~l Ill~ ~qher ['t*;ll~ i~ t~l i'[';t['h thc ?~llll~ 1}~'o[~1[' ill "To my mind, it's a real privilege to be here. There's never been an executive director of the Naples Art Association before. There's never been a facility like the yon Liebi§, from which we could offer some incredible pro§rams to the public." ti(:ll, ilIId c:dlc~t::,n- .il thc l:l,:IMa Gulf (':~asl Al'! ('¢lllCr ill Bcllcair. 5he h.l~ ,il,:* In;tlhlgCd ~rillll~ and IIlilJlir ~il't~ Ior thc' Rm~line Museum m Sara,~la ;iRd directed a c(mtClllpt~rary art ' gall}'r> 'Ill 'l,:llll'a Il,mil) ;i Mt'illlgCr lli S:qlthX~eq l'h*lida, lhll ~anil,cl t,,r ~cxcra[ }c,lt~ In an inlcix ~c~ I.:lc ul ( )ct:.bcr. ju,I ax thc NA:X ~s;:~ Prvp;trill~ t:: dcl:;m it, ::Ilk,c, till I:itfll tXXClltlC N, mlh. Ilill IBItCd Ih;il nllu' ,il:lc c(lllab:irali::n~ ~ilh other ¢dtlcalhmal orgallilali:m~. ilrl. arliq re~i,lu'ns'ic~ and IcClllrcs by c~mlClllp~rar)' llrl his- l.rial~. She al~o pl;u~s Io cllrill~ lit Imok Iravclil~g u'xhibi- Ii~HI~ o1' ilrl IIi;11 i~ rclc~illll I1~ I;l~},ida illld challenging I- ~ ic~crs. Nome Address Ci~. ............. S~te _ Zip Phone Summer Address Cir,/_ ~ State Zip Dates applicable Name ~ cord Card #.~ Exp. Da~e _ __ Signature A tis A I i ye Aris l late RaiSes Funds Foi Azls I"und II'IhIIIC I0 lite [ fA(' ('OlllllltlllflV AII~ Fund plat~ al nny h~'al ~iig agcm') Imllal Icc i~ ~1~ ~ll,llcd h, Ibc I 'lHIvd Ails ( ('~llllBIllli ~ AII~ I:lllhl, h~ I%' I'C~rillllCd J Incli,,i(hml $35 J l";.nil.~ 5511 J l).nnr $1t)(} J lh.,nt'r;tcl~r .$251) .J Pnlr(m $51111 Itl :lddHi* ~1 m I IlhlllCJal c'. ,lllrlbtlll~ ,1'~. ;ill'~ 'qlplX~Flcp. Call }~.\'l)lllg Jll'*'ol~.Cd Ihrotlgh p:lrlk, i piltlOll ill program~ .I inlcrc~l ~uch., ('-Ihc~ ('.m I~, ',chsxd pn~gr.lln~., Vcr~ Slt'cial An~.Anrck, Puhlicil} 'l'ubhc Rehm.n.. ! '..\(' ~4fic¢ ,mpl'~rl. Chn'emn...nl/An.~ Adv~ci~')'. UNITED ARTS COUNCIL ARTS FORUM A R'I'S ..\ I. ! I)A I I) 'Xaph.,,. I I, I"rrmil · ('O,NS'FRUCTION AND 3I:\INTENANCI': AGREEMENT i:()I~ SUBI)IVISION IMPROVEMENTS TEllS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPRO\"EMENTS entered into this ~ day of ~, i999 between Longshore Lake Homes. L.P., a Delawar~ Limited Pa~nership. hereinafter refe~ed to as "Developer", and the Board of Count~,~Commissioners of Collier Coumy, Florida, hcrdnaflcr refe~ed to as the "Board". ' ,.~:~'.~:- RECITALS A. Developer has, simultaneously xvith tile dclivcD' of this Agreement. applied fi,~r tile approval by thc Board ora certain plat ora subdivision to be known as: "l,onllshore Lake. Unit B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarant¢cs for the construclion of tile improvements rcquircd by said subdivision rc,...,ulations, said guarantees to be incorporated in a bonded agreement for tile construction of the required improvements. NOW. TtIEREFORE. in consideration of tile foregoing premises and mutual covenants hcrcinaFlcr sc{ tBrth. Developer and the Board do hereby covenant and agree as f'ollows: 1. Dcvclopcr will cause to be constructed: water, sewer, roadway, drainage, and street lighting within 36 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required innprovcments. 2. Dcvclopcr hcrcxvith tcndcrs its subdivision pcrfom~ancc security (attached hereto as Exhibit "A" and by rcferencc made a part hercof) in thc amot,nt of S9,500.62 which amount represents 10% of the total contract cost lo complcte construction plus 100% of the estimated cost to complete thc required improvements tit tile {late of this Agrccmcnt. 3. In th{ event of default by tile Developer or fifilurc of the Dcvclol)cr Io complete such improvements within the time required by tile Land Dcvclopmcr~t Code. Collier County may call upon the subdivisiotn performance security It) insure satmFactory completion of thc required improvements. · -:. Thc rcquircd improvements shall not be considered complete until a sial{men{ of substanlial completion hy Developer's engineer along with thc final project records have bccn furnished to bc reviewed and approved by the Development Services Dire{lot for compliance with lh¢ Collier Cotlllty LaBd Development Code. lima_raj, pie,, 9, p l'tSi'~ I'~S¢~02';' W I(' cn',a',lUmt4 5. Thc Dcvclo of tile statement of substantial preliminary, approval of the' imprOvemenl approve improvements, therewith s order to obtain the Director's approve r~etor shall, within sixty (60) days of receipt the Developer in writing of his the Developer in writing of his refusal to Conditions which the Developer must fulfill in amprovements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they arc in fact constructed amt submitted for approval in accordance wifll tile requirements of this ..\grcemcnt. O. The Developer shall maintain all required improvcmcnts for a minimum period of one .','car after preliminary approval by tile Development Services Director. After thc one year maintenance period by tile Developer has temlinatcd, the Developer shall petition Development Sec'ices Director to inspect thc required improvements. 'File Dcvclopnmnt Services Director or ]lis designee shall inspect tile improvements and, if found to he still in compliance with thc Collier County Land Development Code as reflected by final approval by the Board. the Board shall release the remaining 10% of' the subdivision pcrfimnance security. The Developer's responsibility for maintenance of tile required improvements shall continue unless or until thc Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the De~ko~er may.request the Dcvdopment Services Director to reduce thc dollar amount of ihe Subdi~'~,~rformance security on the basis of work complete Each request for a reductton an the dollar amount of the subdMsion ,.nerformance s__.l...om ritv shall be accompanied by a statement of substantml completmn by the Developer's engineer together with the project records necessary for review by the Devctopment Sen'ices Director. The Development Services Director may grant tile request for a reduction in tile amount of the subdivision performance security for tile improvements completed as of the date of tile request. 8. In tile 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 pcrfomlancc security to secure satisfactoD' completion, repair and maintenance of thc required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. thc improvements required herein. Tile Developer, as principal under the subdivision performance security', shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to tile Board thereof, including, but not limited to, engineering, legal and contingent costs, togcthcr with any damages, either direct or consequential, which tile Board may sustain on account of thc failure of thc Developer to fulfill all of the provisions of this Agreement. All of tile terms, covenants and conditions herein contained are and shall be binding upon tile Developer and the respective successors and assigns of the DeS, eloper. doc JUN-2S-98 09,38 FROM,OUAILHARK HOMES ~ ~' ' ID,841 S94 0009 '- ~ ~&TI'N'F..~ W,qR~ F. OF, tJ'~ ~nard nnd T~Val~ h~vo ~'an,~d r1'tL~ A,.,~'~n~2~ to be e~ce,~utod by ~eir dub' authorized i-~reseritafiv¢ this ~_?. day of.~i_.~~ t999. Signal, Sealed and Delivered /n the presence of: (Printed ar CF'tinted or Type Name) Longshore Lake Homes, L.P. a Delaware Limi~ Partnership do~ng bush'tess in thc Stat~ of Florida az Longsi'arre Lak~ Homes, Umited By: LLH Genera[ Partner, Inc. a Delaware Corporation, its General Pax~er wRh full power and authorky to bind the partnerskip and Vice President Dwight E. Brock, Clc-rk Board of Coun.ty Commissioners of Collim- Counr,~. Florida t'~'lctk., ~ o,jf. ' ..- Pamela s. Mac ~tt~st a~.'t0~fr~an's ..... Chairwoman sl~sr¢.onI~ gpprov~ a,s.~ form Ired legal suffic/~mcy: FIRST NATIONAL OF N.-XJ'LES P.O. lk)x 413043 Naples. [:lorida 34101-3043 Phone: (941) 262-7600 [:ax: (9411 262-6267 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 12-98-0176 ISSUER: First National Bank of Naples (hereinafter "Issuer"). 900 Goodlette Road North Naples, Florida 34102 PLACE /UxrD DATE OF ISSUE: 900 Goodlette ROad North Naples, Florida 34102 December 22, 1998 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until December 22, 1999 and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Longshore Lake Homes/ h.P.,a Delaware Limited Partnership. BENEFICIARY: (hereinafter Florida 34112. The Board of County Commissioners, Collier County, Florida "Beneficiary") Collier County Courthouse Complex, Naples, AMOUNT: $37,397.12 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Longshore Lake Homes, L.P., a Delaware Limited Partnership, has failed to construct and/or maintain the required improvements as shown on the plans for the subdivision known as Longshore Lake Unit 5C or a final inspection satisfactory to Collier County, has not been performed prior to the 'date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN tINDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First National Bank of Naples' Credit No. 12-98-0176, dated December 22, 1998." The original letter of credit and all amendments, if any, must be presented for proper endorsement. "Where ]i££le things make a BIG difference." Longshore Lake Homes, L.P. Letter of Credit ~12-98-0176 Page 2 FIRST NATIONAL BANK OF NAPLES :, RO. Box 413043 Naples, Florida 34101.3043 Phone: (941) 262-7600 ]: ~ Fax: (941) 262-6267 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to~any'~'documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. FIRST B BANK OF NAPLES Sammons, Vice President Where lmle thin s:ma~ a BIG differen% " ' , , CONSTRUCTION AND MAIN AGREEMENT FOR SUBDIVISION IMpRo~/E~IENTS" THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of ~, 1999 betv:ccn I.ongshorc Lake Homes, L.P.. a Delav,'are Limited Partnership, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS A Developer hits. simultaneously with the deliver>, of this Agreement, applied for the approval by the Board ora certain plat ora subdMsion to be known as: "Lon Unit 5D" B. DMsi0n 3.2 of the Colli( post appropriate guarantees for'' subdMsion regulations, said guaranie construction of the required improvcmenti! ,', : iment Code requires the Developer to ~e ~mprovements required by said incorporated in a bonded agreement for the NOW, 'I'llEREFORE, in consideration of the foregoing premises and mt, tual covenants hereinafter set forth. Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: water, sewer, roadway, (tramage, and street ighting within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance securer (attached hereto as Exhibit "A" and by reference made a part herco0 in the amount of S13,342.25 which amount represents 10% of thc total contract cost to complete construction pitts 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the cvcnt of default by the Developer or failure of the Developer to statement of substantial completion by Developer's engineer along with the final project records have bccn furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. W '~1986,,I 9gb02O',WTOema~iUnit$ D doc 'Iht Develop,~ services Director shall, within sixty (60) days ol'rcccipt o1' the statement of substantial coniP preliminary approval of thc improvcmcn approve improvements, therewith order to obtain the Director's ap Development Sen'ices Director thct constructed and submitted Agreement. illllnlll Lily the Developer in writing of his Developer in writing of his refits:fl to htmns which thc Developer musl lhllill in s.. tlowever, in no event shall lbo. or thc improvements if they arc in :c with thc requirements of Ihis 6. Thc Developer Shali']i~intai?'all required improvements for a n,inimum period of one year after preliminaw approval by the Development Sea'ices Director. After the one year maintenance period by thc Developer has teminalcd, the Developer shall petition thc Development Sca'ices Director to inspect the required improveme,ts. The Development Services Director or his designee shall inspect thc improvements and, if fimnd to be still in complizmcc with thc Collier ('Otltllv l.aml Development Cotlc as rcllcctcd bv final approv;tl by thc Board. thc Board shall release the remaining 10% of thc subdivision pc~lbrmancc scc.rilv. Thc Developer's responsibility fi)r maintenance of tim required improvements shall contint~c tmlcss or until thc Board accepts maintenance responsibility for and by thc County. 7. Six (6) months after the execution of this Agreement and once ~vilhin every six (6/months thereafter the Developer may request thc Dcvclopmcnt Sen'ices Director to reduce thc dollar amount of thc subdMsion performance security on the basis of work complete. Each request for a reduction in the dolla~ fire°tint of the subdivision perfom~ance security shall be accompanied by a statement of substafiiial ~OmplcfiOn by thc Developer's engineer together with the project records nccessa~ fOr:=r~gieX~;by the Development Services Director. The Development Sen'ices Director may grant'. [he request for a reduction in tho amount of thc subdMsion performance security for the improvements Completed as of the flare of the request, 8. In tlm event the Developer shall fail or neglect to fiflfill its t bligations under this Agreement, upon codification of such fifilure, thc County Administrator ma~ call upon thc subdivision performance security to secure satisfacto~ completion, repair and maintenance of thc required improvements. Thc Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to p,blic advcmiscmcnt and receipt and acceptance of bids. thc improvements required herein. Thc Developer, as principal under thc subdivision pcrfom~ancc security, shall be liable to pay and lo indemnify the Board. upon completion of such construction, thc final total cost t~, thc Board lhcrco[ including, but not limited to, engineering, legal and contingcnl costs, together xvilb any damages, either direct or consequential, which ibc Board nlav suslain on :lCCmlllt of thc tiff]utc of thc Developer to fidfill all of thc provisions of this A~rccmcnt. All ol'lhc terms, cove11:tllls alqd conditions herein contained arc and shall be binding upon thc Developer and thc respective successors and assigns of the Developer. hN %Ti'h'ESS WKEREOF, the Board and D~'cl0Pet have ca-md thi~ A~ecmcnt to b,; e~ect~cd by their d~y authorized representative ftds~.~day o~ 199 9. ,,: Signed, Sealed and D~liv~rc~ / Longmhore Lake Hom~, L.P. a Dclawarc Limited Partn~TsJ~ip doing bmsincss in Ge Statc of.~ofida ~ Longshoro Lake Homes, Llmit~d (Frimed or Typed Name) Dwight E. Brock, Cl~k Al~te~t ~ to sI~}ture only. ~rov~ :' t° fo~ ~d P~er R¥: ~i~ full power and atr~hori~ to bi~d ' ' ' and Vice President Board of County Comtmssioncm of CoUicr County. Florida ,/"Pamela S. Mac'Kie , Chairwoman / 8A5 ('()NSTI/UCTION ANI) MAINTENANCE AGREEMENT FOR SUBDIVISi()N IMPROVEMENTS 'lqtlS CONS'FRUCTION AND,.~IAINTENANCE AGREEMENT FOR SUBDIVISION I,',,IPROVEMF. NTS entered into this '~,..~rr) day el~ ~l.~_d,~_...____. 1999 between l.ongshorc [.ake }lomcs. L.P.. a Delaware Limited Pannership. hereinaftcr referred to as "Developer". and thc Board of County Commissioners of ('oilier County. Florida. herein:tiler rcfc~cd to as thc "Board". R ECITAI.S ..\. Developer has. simultaneously with tile delivery of this .,\grccmcnt. applied Ibr Ihc approval by Iht Board cfa certain plat ol'a subdivision to be kno',vn as: "l.ongshore l.ake, Unit B. Division 3.2 o1' tile (7'oilier County [.anti l)evelopmcnt Code requires tile Developer lo post appropriate guarantees for the construction of tile improvements required by said subdivision regulations, said gu:lrantees to be incorporated in a bondetl agreemenl for tile construction el'the required improvements. NOW, TIIEREFORE, in consideration of Ihe £oregoing premises and mt,IL,al covenants hereinafter scl forth, Developer and the Board do hereby covenant and agree as Follows: I. Developer ',,.'ill cat]se to be constructed: water, sewer, roadway, th';Lin;,gc, and street lighting within 36 months from tile. date of' approval said subdivision plat. said improvements hereinafter relented Io as tile required improvements. 2. Dc','elopcr herewith tenders its subdivision pcrk)mmnce security {attached hereto as Exhibit "A" and by reference made a p;m hereo0 in the amotmt of $37.397. t2 which amotmt represents 10% of the total contract cost to complete construction plus IOO% of the estimated cost Lo COlnplctc thc required improvements at the date of this Agreement. 3. In tile event of default by tile [)cvclopcr or Failure of tile [)cvelol'~er complete such ixnprovemcnts within the time required by the l.and I)evdopment ('ode, Collit:r ('otmtv may call tlpOll tile subdivision pcrformancc security to insure satislktctory completion lbo required ilnprovcnlcnts. 4. '['hc required improvcnlcnts shall not bc considered complete tmtil a statement of substantial completion by Developer's engineer along with tile final project records have been £umished lo be reviewed and approved by tile Development Sen'ices Director For compliance with the Collier County Land Development Code. 5. Thc Development Sen'ices Director shall, within sixty (60) (lays of receipt of tile statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of thc improvements; or b)notify thc D~velopcr in writing of his rcfl~sal to approve improvcmcnls, therewith specie'lng those conditions xvhich tile Developer mUSt fulfill in order to obtain the Director's approval of the improvements, ttowevcr, ill no event shall the Development Sen'ices Director refuse preliminary approval of the improvements if they arc itl fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. Tile Developer shall maintain all required improvcnmnts for a minimum period of one 3'ear after preliminary, approval by the Development Sen'ices Director. After tile one 3'car maintenance period by tile Developer has terminated, the Developer shall petition tile Development Sen'ices Director to inspect tile required improvcnlents. The Development Sen'ices Director or his designee shall inspect the improvements and, if found to be still in compliance w/th the Collier County Land Development Code as reflected by final approval by the Board, thc Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by tile County. 7. Six (6) months after tile execution of this ,'\greement and once within cx'cD' six (6} months thc(ca,Crc( tile Developer may request the Development Sen'ices Director to reduce thc dol lar amount of the subdivision performance security on thc basis of work complete. Each request Ibr a reduction in thc dollar amount of tile subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with tile pro.icc( records ncccssar-,, for review by the Development Sen'ices Director. Thc Development Se~'ices l)ircctor may '.2rant tile request for a reduction in the amount of tile subdivision performance security £or'th~ improvements completed as of tile date of the request. S. [n the event the Developer shall fail or neglect to fulfill its obligations under this .-\greemcnt. upon certification of such failure, the County Administrator may call upon thc subdivision performance security to secure satisfacto~, completion, repair and maintenance of the required improvements. Tile Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, tile improvcmcuts required herein. The Developer, as principal under tile subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, togcthcr with any damages, either direct or consequential, which tile Board may sustain on account of thc failure of the Developer to fulfill all of thc provisions of this Ag(cement. Ail of tile terms, covenants and conditions herein contained are and shall be binding upon the Dcx'clopcr and thc respective successors and assigns of thc Developer. 5,,1i 09,39 FROMiOUAILMARK HOMES ID,S41 S~4 0009 PAGE 1~/1S 8A5 o. ua~-.r uruy aumonzetl represenhat~ve th~-~..~bm day o£~99 9. Sigced, Sealed and Deliv~ed in the pre~'nce of: Long~.here Lake Homes, L.P. a De,war: Linfited Partnership dong buzlne~ in thc Sine of Florida a~ Long,hor~ Lake Home~, Limited Parmcr~klp By: LLH General Partner, Inc. a Delaware Corpotmlon its C.-en~ Palmer By: "~ va~ full power and anthority to bind ¥ ~e partn:r~hip and ice President App~u:.cd =.5 to l'urm ar, d l~g~l suflicier, cy: ColRi~r C~u~ Atto~¢y Bolrd of County Commi~ioners of Collier Ccnmt'y., Hofida Pamela S. 5lac~K£e Chat rwoman BAN ~0. B*,x 413043 Na ?les. FI ~r:da 34101-304 PEep, e. t041) 262.7(',00 [:ax: {°4I) 262-6267 IRREVOCABLE STA/qDBY LETTER OF CREDIT NO. 12-98-0176 ISSUER: First National Bank of Naples (hereinafter "Issuer,,) 900 Goodlette Road North ' Naples, Florida 34102 PLACE AND DATE OF ISSUE: 900 Goodlette Road North Naples, Florida 34102 December 22, 1998 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until December 22, 1999 and shall thereafter be automatically renewed for successive one-year periods on the anniversap/ of its issue unless at least sixty (60) days prior to any such anniversaPt date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Longshore Lake Homes, L.P., a Delaware Limited Partnership. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficial/,,) Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT: $37,397.12 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY,S DR3kFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY,S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Longshore Lake Homes, L.P., a Delaware Limited Partnership, has failed to construct and/or maintain the required improvements as shown on the plans for the subdivision known as Longshore Lake Unit 5C or a final inspection satisfactory to Collier County, has not been performed prior to the 'date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary.,, DR3kFT(S) DRAWN UN/DER THIS LETTER OF CREDIT MUST BE I,'uXRKED: "Drawn under First National Bank of Naples' Credit No. 12-98-0176, dated December 22, 1998." The original letter of credit and all amendments, if any, must be presented for proper endorsement. "~Vhere little things make a BIG difference." FIRST NATIONAL BANK OF N,~PL~ P.O. [k~x 413043 Naples, Fl.rida 34101-3043 Phone: (941} 262-7600 Fax: {941) 262-6267 Longshore Lake Homes, L.P. Letter of Credit #12-98-0176 Page 2 8A5. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. FIRST NATIONAL BANK OF NAPLES By: '~ice President "Where little things make a BIG difference." 8A6 Tills C{)N.'¢,'I RI'£"I'I()N ANI) .NI..\INTI£N:\NCE A(iI~,IiI'~NIENT I~,I,I SI;Ill)I\'I.'¢It~N IMI'RI)\/I.MIiNIS PRI¢)R I'() RIX'( )RDIN~ ~ ( )1: PI.Al' A(H~,I'iEMI'iNT entered into Ihi~-)_.~! ,.la.', (frO_Lq, u.L-,_. Iq S°__z, I',ctv, ccn Pcek-Ii¢nder. lnc. . d~crcinafler rel',~rred Io .'L', "De',eloper"l. and tile II(,ard ,~f (_'oltier C'~,,nl.~. I'lorida. I hcr¢il'laflcr r¢l~rrcd to ,'L,~ tile RIWI I'..N I.~: [ ),.."..ch~F,,.tr hah. ',imulIan¢C,:l,.l) ~.,, ifil I1'1¢ d,..'li~.¢r) ,',f flfi~, ..\gr,,.'crn,.'nl, ,,l',plic,.I l~r Ill,.' ;~l',l',lc,'.. ;il h',, Itl,.' [{,~trd ~,t :t ,:crlJin ["iai ol ~l ,,ub,.hN i.,io, Io i,c kno,,~ n a',.: ('an,.IJ,.'~,,ood Ihrvu [)i', i.,ion .1.2 of lb0 Collier ('OHllI',, I and [),.",,.¢l.c~ptn¢ll! die impr,,,, emem-, r~.'quircd h'..,aM ',uh,.li~. i,,ion resula[ion,, prior Io r,.'cordin~ d~,.: final Iff;". It-.RI;F~' )RI!. in ,.'ml~,ider;lli(m oF Ill,.' fi.,r%',fin~ pi'emi,,,.',, :md mult~:tt ~.,,',cn;ml,, hcr,.'in;Hlcr ,,el thc I~,x~rJ do hc;'ct~', ,.m. cn;ml and ,rb'r,..'c ,I, lifllm', ~ ~ithi~l __L'_ m,,:'.:h, from linc d;itc ha~. e h,:cn complc[cd. 3. l:pon compl,.'lion of said improvernenls, the Developer :.,hall lend,.zr ils subdix isiun i',crform;,ncc .',ccuril.', hl thc ,:tll'l~tlllt ol'S 6.63'".O? ','.Illth rcprcscnls 10% of lite t~t,:lJ contract ¢osl 1o ,CITffll[~'[CIC c(m',tructioll. I;pon r,.'¢cipt o!' said :,uhdi', i~,ion pcrf~rm;u~ce hecuril) b', the l)c~, elopment N,,.'r~. icc,, I)ir,.'¢tor. Ibc l)cvch,F,C~ re;r, request lh~.' Hoard ~' ('mmtx ('~,mni',,,ioncrs to appro',e the ',uhdi,.i,,ion pla! f},~r r,..'cordin.,.z ~md .,.zr;ml prclindn;,'i ;tpprm al of ..aid iq;it. · l. Iht ro. luiro, t impro'.cnlcnls t, hall n~.,t h,,: cor'~sidcred ¢Olnplct¢ until ;J ',.tatClW..'lrt of ',tth,,t.anti'.d ,.'omplcthm h,. 1),.", clop~.'r',, cngiiIccr ~don,._' ;ippro~.cd h~. thc l)¢~.cJopmcnl 'q,.'r',icc,, Dirc,,'lor [he l),:',ch,pmcnl ",¢rxicc,, l)irc~.'h,r ,,hall. ~,.ilhitl ,,r,.t,. Sllhhlaillia[ c~,mpIcli,m, cilhcr; dl llolil',, lilt [)c',,.'lopcr in v,~ilm...j ~I bix prclhnilmri~ ;q~F, im:ll ol'dlc inqm,~.cnlcnl',: or bJ molif,, th~.' J)c',clopcr in v. rilin$ of hi~, rcl'u',:l[ b~ :q',pro,.c Ibc ¢~mdili,n,, ',~llich Ibc I)c,.clopcr mu..! hlllill in order Il, ohlain J JO',NC% er. ill Ilo ~.'\ ,.'ill >.hHJ] 1!1,2 I)c~ch,plncnl ~,cI'~ icc,, I)ir¢~.lor refuse l~rclilldn;lr) ;Ipprm;d ~1' thc illlj'ff-i)% Clrl,,.'lll~ il' th¢.~ ;ir,,; i:l l~rcl ~.'~rlslrtl¢!¢d aIl,J .,tll~lllilk.'J ~or ;l['~pl'o~, ir[ ill acci~rlJHilt.'t2 ',% Jib the rcqtlirCm¢lll,, of Ihi,, ~\~rct.'nlcllL 18AG ~rcIilIIH1HI? 3?pl'~*x;ll }~x lll~' [)~'xqJopmcll[ %crx'iccs I)ir¢'ctor. AlJcr thc onL' xL'~lr III;IJlIIL'IKIIICL' period ]~ lh¢' 1)~ cJopcr h;t- Ierm Jll;il~d. Ih~' I)~'~ clop~,r ~hall pclilion lhe I)cx cJoplllqlll %~I-~ icc~ I)ircclor I. inN~ccl Iht rcq'uircd iml~rox L'II1L'Ill~. lh~' J)c~cJoplll~'lll %c'I'~ itch [)JrL'clor or hih dc~i~ncc ~h;iJl ill~pccl Jilt illipro~L. IllL. l~l~ ;lllt]. if rcspOllnJbilH) 10r lh~' ('(lllllJX. In thc cxcnl flit I)cxch,l,cr qiall f, fil or Tk'~lccl 1o fulfill itn ,,bli~nli,u~s Imdc~ Ibis A~lcu'lllclll. ~Hltt [CCL']p[ oJ' ~tLCC[~I~tI1CL' OJ hidx. lJ1~ Jlllj~ro~L'lll~'llJ~ r~*~ltljf~,tl hcrcill. Ilk' I)c~clopcr. n~ principnl HndL'r lhL' COlltJll~L'lll Cosl~. to~'lhcr ~itJl any dill11iI~'s, citJl~r director ~lccoun1 of Ibc J~lJJllrc of tile I)cvclo~r '~ ]1 of thc, terms. J)c~ eloper and fl~c r~pccti~ ¢ conditions herein cnnlain~'d arc and ~hall bc hJndin~ .pon ]he IX \VI IXI.Sq \\III.P,t!()I:. [he IMaM ar ('()N.XTIII.~('TION ANI) MAIN'I'ENAN('I'; A(;i(EEM ENT ()F SUIII)IVISI()N IMPR()VF,,MI'~NTS Il liS t,'()N.',;TRI;CTION AND MAINTF. NANCF. A(H~.F. EMENT FOR. SUBI)IVISI()N '" . day t)l'~ . 1q99 between Thc Club INII'R()V[.~NII~N'['S entered into this ~. Estates I..C.. Ibc propc~y owner, hcrcinaltcr rcl~rrcd to as I)exclopcr . and thc Board ()1' County ('ommissi()ncrs or' C't)llicr COtlllty. l"lorida, hcrcinal~cr rctkrred to as "Thc Board". RI~CI'I'AI,S I. l)cx eloper has. simultaneously with thc dclivcD' of this Agreement. applied lbr thc :~ppr~,x :~l bx thc J~ozu'd of a certain plat of a subdivision lo bc known Thc ('lub Estates 2. I)ivision 3.2 t)l' thc ('oilier County Ilniticd l.and [)cvclopmcnt ('ode requires thc I)cxch~pcr t{~ p.st ~q~propriatc guarantees lbr thc construction of thc improvements required by said subdivision regulations, said guarantees to he inco~rated in a bonded agreement constructio~l t>l'thc required hl~prove~llcnts. N()W TItEREFORE. in consideration of the tbregoing premises and mutual hcrcinal~cr set lbrth. Developer and thc Board do hereby covenam and agree as I. l)c,.'clopcr ,,,,ill cause to bc constructed: potable water system, sanilaD' sewer s)stcm, dr~in:tgc. ~rading. paving and miscellaneous int?astructurc as outlined in Engineer's t'{~st }(stim~ttc t;~ttz~chcd hcrctt, as [~xhibit "A" and by rclUrcncc m;~dc a part hcrcol'l within 36 months thc d:~c ~t' :~l~pr~x'al .t's~fid subdivision plat. said improvements hcrcinaticr rclUrrcd to as thc rcqmrcd improx ciDClltS. I '8A8 2. Developer herexvith lenders its subdMsion pertbrmancc securily (allached hereto as Exhibit "W' and hv rcibrcnce made a para hereo~ in the amount ors 3(}0,00(I ~hich 1111101111t represents liP. f, t~l' thc total contract cost Io complete construction plus 100% of the estimate cost to ctm~plctc thc rcqttircd improvements at thc date ot'this Agreement. 1. In thc cvcm ofdclhult by thc Developer or fitilure office l)cvclopcr to complete such impmvcmcms x~idm~ thc lime required by thc I.and l)cvclopmcnt ('ode. ('oilier ('ounty. ;ll~cr xXrillcn ;/tdicC t*, I)cvclopcr. may call upon thc subdivision pcrlk~rlllllllcc security Io i~lstlrc satislhctorx completion of thc required improvements. 4. I'hc required improvements shall not ~ considered complete until a slltlcmclll of substantial c~)mpletion by Developer's engineer along with the final prQcct records have been fimfishcd t~ hc reviewed a~ld approved by the Development Services Director lbr compliance wilh thc Collier (',mntv Ixmd Development Code. 5. l'hc Development Sen'kcs Director shall, within sixty (60} days of rcccipl of Iht statement {d' substantial completion, tither: a) nolil? thc I)cvdopcr in wriling of his prclimina~ apprt~val o1' thc improvements: or b) nt~til? thc l)cvclopcr in writing o1' his rcfi~sal to approve improvements, thcrcx~ith spccil?ing those conditions which thc l)cveh~pcr must fidfill in order to ,~btain thc I)irccmr's approval of thc improvements. I lowever, in nt, event shall thc l)cxclopmcm Scrx'iccs I)ircct,)r rclkisc preliminary approval of thc improvements il' they arc m lhct construclcd and submitted lbr approval in accordance ~ith lhc requirements of this Agreement. 6. Thc Developer shall mainlain all required improvements tbr a minimum period of one year after prcliminao' approval by thc Development Sen'ices l)ircctt~r. After thc one year maintenance period by tl~e Developer has terminated, the Developer shall petition ll~e I)cvelopmcm Services l)ircctor to inspect thc required improvcmcms. The Development Sc~'iccs Director or his designee shall inspect thc improvements, and. iflbund to be still in compliance with Collier Courlty l.aml I)cvch)pmcnt Code as rcllcctcd by final approval by lhe Board. thc Board shall release thc remaining 1(/% of the subdivision pertbmmnce security. 'H~e Developer's responsibility maintenance of Ibc required improvements shall continue unless or until thc Board accepts maintenance responsibility lbr and by the County. 7. Six (6) months ;tiler thc execution ofthis Agreement and once wiflfin every six n~tmths thcrcalkcr the I)cvclopcr may request the I)cvelopmcnt Services [);rector to reduce thc dollar zm~otmt of the subdivision performnnce security on the basis of work completed. Each request liar a reduction in the dollar amount of tho subdivision security shall bc accompanied by a SlalClllCllt t,l' sHbsmntial completion by iht Developer's engineer together xxith thc projccl records llcccssilrx li~r t-cx~c~ by thc t)cvclopment Ne~wiccs l)irector, l'hc I)evclopmcnt Services I)ircctor may grant thc rcqucsl Ibr reduction in the amotmt of the subdivision pcrlbmmncc security tbr improvements completed as ol'lhe date of the request. 8. In the event the Developer shall fail or neglect to fultill its ,~bligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdix ision pcrli~rmancc security to secure salisfhcto~' completion, repair and maintenance of thc required imprt~xcmcnts. Iht Board shall have thc right to construct and maintain, or cause to be constructed or maintained, pursuant to public advc~iscment and receipt and acceptance of bids. thc improvements required herein. I'hc Developer. as principal under thc subdivision pcrlbrmancc sccm'ilx, shall bc liable to pay and t,~ indcmnil'v thc [goard. tlpoll ctmaplction of such thc final total cost to thc 15oatd lhcrcol~ including, but llot limited to. ct~ginccring, legal and continucnt ct~s~.~, tt*gcthcr with any damages, either direct or consequential, which thc tloard may SII.'-;U. Iill o11 a',.'COllilt OJ' thc .'\~rccmcnt. t,). failure of thc Dcvch)per lo carry out all of tl~c 8A8 provisions of fills All of thc terms, covenants and conditions herein contained arc and shall bc bindin~ tlpOll thc I)cvcl<)pcr rcspcclivc stlcccssors illld afiSi~llS oft}lC Developer. IN XVI'I'NESS Wt IEREOF. thc Board and thc Develo~r have caused this Agreement to bc cxcct,tcd b> ~hcir duly authorized representatives lhisO~Odav o~ Signed. Scaled and l)clivcrcd thc preset'icc oI'.' 'fVimcss Printed Name \\'itncss l'rimcd Name 'i - ' ~ "' / 'hoClub Estales. L/C. , .' / , / ' ,, , , '~'L"~mrlefVrBe~ll0n. Principal dt,~d [)\V]¢ }ltl' ti. f~P,()£'K. Clerk '.. ~.: q.. . >~:, ~ Approved as to tbm~ and legal sufficiency: l)avid XVci~cl ~.~ Collier t'~,tmtx .Mlomcv P, OARD OF C()[!NI'Y ('()MMISSI()NI.~I~,.q OF C'OLI.IER (X)tJN'rY. FI.()P, IDA EXIlIBIT "A" EN(;INEER'S COST ESTIMATE SUMMARY '8A8 Ill. I)r:fina~c IV. Paving. Concrete. Miscellaneous ~ul)Total Tmal (rotllldcd to nearest $1.000) Rctainagc Duc to Contractor 0% of'Jotul Contract 110% Letter of Credit amount = 2.505 5.500 100 03.834 98 000 S300,000 8Ag Nations IRREVOCABLE STANDBY LET-FER OF CREDIT NO. 973741 ISSUER: NATIONSBANK, N.A. {HEREINAFTER 'ISSUER") 901 MAIN STREET, 9TM FLOOR DALLAS, TEXAS 75202 DATE: MARCH 19. 1999 PLACE OF EXPIRY AT ISSUER'S COUNTERS. DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL MARCH 22, 2000, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER SERVICE THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: THE CLUB ESTATES. L,LC. (HEREINAFTER 'APPLICANT") 4455 ISLE OF CAPRI ROAD, NAPLES. FL 34114 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY3 C/O OFFICE OF THE COUNTY ATTORNEY. COLLIER COUNTY COURTHOUSE COMPLEX 280ON. HORSESHOE DR., NAPLES, FLORIDA 34104 ATTN: JOLIN HOUSLDSWORTH AMOUNT: $300,000.00(U.S.) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: NATIONSBANK, N.A. BY; PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER. CERTIFYING THAT: "THE CLUB ESTATES. L.LC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS THE THE CLUB ESTATES OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY" DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NATIONSBANK CREDIT NO. 973741 DATED MARCH 19. 1999." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS. IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT (CONTINUED ON PAGE 2) ,8A8 Nafions PAGE 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER 973741 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED. AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT. INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES. AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT, ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. FOR ASSISTANCE PLEASE CALL CUSTOMER SERVICE AT 214-508-0685, NATIONSBANK, N.A. BEN ~ORTES ASSISTANT VICE PRESIDENT COLLIER COUNTY 8F..Z QUARTERLY CAPITAL PROJECT STATUS REPORT Quarter I. FY 99 last of Contents Airpor~ Beaches a.nd lnleLs Facilities .X[cdian Landscaping .',It,nicipal Services T~xing Unit (.XlSTU) Parks Solid \\'ute Stormwatcr Traffic Si g"nal$ Transportation Wastewater \Vastewater - Reclaimed Water Water Prepared by the Collier CounD' Public Works Division G: P\VED Admin Reports Quarterly PSR.doc Revised 03 19 99 8~2 , R 25 E R 27 E R 28 E R 29 E R .~0 E 5 AIRPORT ' PROJECT LOCATION MAP ~ 25 E R 28 E R 27 E R 28E R 29 E R 30E 8E2 i AIRPORT PROJECT STATUS REPORT Work in Progress 8E2 COLI.,IER COUNTY BEACH & INLET PROJECTS Project BCC Project Name District Type I1,(p Ouarterl~ C___q~oct Status Rep_o.__~ 1 st Ouarter/FY~ Limits of Project Status: Start/ and/or Major Designer: Completion Quantities Contractor: Date MO/'YR ~ ? r,,x:x.rlg NOTE If c-,e £s~z~.a~-,d Co~s,~,u,-~...o~ ~m, oM~ ~s ~[~'~. * an arr~u~t ha~ nol bee~ Oe~r~ed ~t 0 Ir~f~,..ates the Cortstruction Amour~ L~ · P~roco~ed amount am:l m:~ an kc:tu~ ~ P · ~ed A · Ac'tt~ll T'BD · TO Be [~if~d 8E2 Construction Cost ( S2 4 3.CyL~) 574 570 ($517.325) "'yb 03 %A Ma.' C2 ($2.197803) 8E2 FACILITIES PROJECT STATUS Pd~PORT Work in Progress Project BCC Name District Limits of Project Status: Project and/or Major Designer: Type Quantities Contractor: 0 I~i~ ~ C~s~ion ~ is a ~ am~nt a~ not an StartJ Completion Construction Date MOrY'R Cost J-,.~ ~ ~ (S2.'~DC D.:~) 12:13 ;::~! Pa~ 2 o~ 19 .% I ED lAN LANDSCAPING PROJECT STATUS REPORT Work in Progress 8E2 Limits of Project Project BCC Project and/or Major Name District Type Quantities Status: Designer: Contractor: G Boc-.,e'. Start/ Completion Construction Date MO/~'R Cost S,e~; .°9 ~ Pa~. 3 o~ t9 8E2 R 25E '~ R26E PINE RIDGE ND PARK~ DRAINAGE NAPLES PRODUCTION PARK ,- MSTU MSTU ~ PROdECT LOCATION R2$E 5 ROADWAY EXTENSION1 MSTU Limits of Project Project BCC Project and/or Major Name District Type Quantities :8E2 Status: Start/ Designer: Completion Contractor: Date M O/'Y R Indic. ales Lhe Co~s',J"uc~c~ A~'nount ~s a Pro~:x;~,~ &"noun1 arid ~ an Ac:x'ual a~our~ : ~ro~ec':ed A: Actual T~D = To ~ C~terrrlllq,ed Construction Cost Lk:nc,~). I,,ar~-~. 2:2. 1.cG~ :2:3 :>t.4 ='a,~e 4 o~ lg '8E2 j 'R 25 E '9 R 26 E R 27 E PARKS PROJECT LOCATION · GOLDE ATE COMMUNII't ~--'---- PARK: / FITNESS CENIER /- SOUTH NAPLES ~.//f,~COMMUNITY PARK (1999) R 25 E ; R 26 E R 27 F 8E2 8E2 Limits of Project Project BCC Project andYor Major Name District Type Quantities $~,J-" ~,-~:~S -~'~.$ BJi,.~ a ~3 ~e Status: Start/ Designer: Completion Contractor: Date MO/YR Ja-.~.~ A =et-?..~ ~. · .r- ?. Construction Cost 535 :,:,} BEg III '~, SOLID WASTE PROdECT LOCATION R 25 E R 26 E LANDFILL SIT EVALUATION ~' (COIISTRUCTION TO BE COMPLETED UrIKNOWN) yNAPLES LANDFILL o I 8 E,?_. 8E2 Project BCC Project Name District Type L._~r,..~. '~ ~r,e V SC;.: ',', Limits of Project Status: and/or Major Designer: Quantities Contractor: 0 IndR:::a~.e$ ~ Coctsr. ruc~.Jon Arnour~ is, a Prc,:',',',',',',',',~ed amourtt ,trod not a~ Az=tu~ a~nout'd. P = Prc:~ec:ted A = A..~ual TB.D - To Be De.tern'lin,ec:l Start/ Completion Date MO/YR J .c-,e_ _c5 A Construction Cost S.5'z 3.?.2 R 25E WIGGINS P~SS~ OIJ TF ALL (12/99) GORDON RIVER BASIH STUDY (8/99) , MGGINS ~ PASS -- ~ KIRKWOOD ~- AVEJ'iU£ "~ .~ ~LDEMAtl 4' CREEK --~,. LAKE KELL'f -- AVALON ~ ,' SCHOOL ~ ..... "' (6/99) STORMWATER PROJECT LOCATION R 25 E R 26 E R 27 E j 8E~2 Project Name BCC District Project Type Limits of Project Status: and/or Major Designer: Quantities Contractor: ar~. 'J S z l T ~. E~a~ & B~uf~ ~ ,-~an C~cr~t La',,, Eng~,e~T~9 a,~c~ E H, A ~ e.<3es.~~. V,~r~on. k ~,~' TBO 8E2 .., Start/ Completion Date MOFYR Construction Cost .~pl 05 Ju~-g8 NA Ck:~-g5 A Project Name BCC Project District Type Limits of Project Status: andJor Major Designer: Quantities Conb'actor: a-,.-a east et ~.~1 8E2 .j Start/ Completion Date MO/'YR Construction Cost P J~'~ 9,:3 i$2,1:2.250~ 8E2., :, R 25 £ R 2e E ~ ~ 8/99 CREEKSIDE :' ' ' ~GNA 1 9~ SIC,4AL ~~~ ....... OIL WELL RD. 6/99~ ENTRANCE TO~ COUNt( :CHOOL I ~ SIGNAL 8/9~ FDO~/COUNI' f '~::-.. ~_ COIdPUTER ~ TRAFFIC ~ SYSTEM 7./01 ~ nRPOm RD./~ ~I PINE RIDGE .~ RD. SIGNAL . ~ ~--I._~ I COORDINATION . .,. L.~ 3/99 i '~ , RADIO ROAD/ . .~, .... INDIJSTRIAL/~ PENNA S IG NALS-- ~. ". ~ ,'1 ,--.~'.- COORD,N~T,ON 4'Liji..: 8/~ . ' ' .~,.; J GOLDEN GATE/ ,-'--SANTA BARBARA $tONAL TIMING' 3/9g ="': ' '"'" ,;l GOLDEN GATE/ 44Th Sl:. -- SW $1,GNAL~ -' 7/99 TRAFFIC SIGNALS PROJECT LOCATION MAP R 25 E R 26 E R 27 E .L~ 8E2 0 r- ~- CD 8 E Pro)ec~ Name Project Type LimPs of Project ar~'ot 14ajor Quantities :~.dhr,; :L.~ (esl) Start/ Completion Date iNA iNA S-40 0)3 tes:~ CD~ ~ ) Tram: s.,,gna..s ~' : , . ~ : Tram: s~-.a~s tra,,",: S20 DD5 I$20.00G ies:j lest) ,S,40.OOg re-s: ) 8F2 i=q~) ec~ N arr',e (D.s:-,= =-) P r o} e,~ Type I:)e~gr~rl StarU Corm pletion Date C o,~.,c b-u,c~i 0n Cost NON-COUhTY TRAFFIC IMPRCrv"EMENT PROJECTS J:~'::~/e-c3 Nam~ P r c~ e~---'t Tyj>e [.xni~:s of Protect and'ca' Statu~: Designer/ Star~ Co(~ pletion Date (M~R) C.c~,e,- C, ou~:-.,. 5.~'~ (est) I ::h.otc IF~-. Co~st n.a=tion Cost (est) (est) IC..3~r~T,. :)r'.as.e I [:).s~,~ :. 2, 3 -' & 5) 5,,30 0.~, , ; ' PAL~ RIVER BRIDGE ~ (2oo0 ,- 111TH AVE N 2002 COODLE T TE- FRANK 2003 AIRPC~RT- PULLING RD 2002 LlVlHGS[O~ ROAD PRP- V~3P 2002 ,_IV1NGSION RD G(-.,m< W~ t 2002 / LIV1HGSTON / .... ,~ - ROAD ~ P ADIO- GGP~' WY 2OO0 TRANSPORTATION PROdECT LOCAIION R 25 t R 26E NORTH NAPLES /------ ROADWAY MSILI ,3 R27E l )AD ~R-IR R~GE ROAD ~OENINGi I 5 MAP R 27E 0 Project BCC Name District Go,:>en Ga:e v Project Type R3a~-s Limits of Project andJor Major Quantities Status: StartJ Designer: Completion Contractor: Date MO/YR T~$~r-.a:,:r~, - CR31 a: j.dn.~.~on Cc~-$tc~~---'::~ Ja~ '.-7 Rc~:s ~.a~e Roa~. ~,'Y'Ve P.~ad an~J Lares. CR95'. to Rc. a3s ~are's Gate Par~.~y ~e~.~'~.~e to 6 ~--$) Se~: C2 O~.97 L~y 02 Construction Cost ¢S? 577 5.30) 2?:,070 ($?03 CO.~) A {S1 ~ 600 000) Pa<~ 9 o~ ',9 Project BCC Project Name District Type Limits of Project Status: StartJ and/or Major Designer: Completion Quantities Contractor: Date MO/YR jar' 02 Construction Cost =)e-.: 30 :3 % A OC= 98 A f~3 750 CC~)) Ju~e 05 ~ 951 IH.V T r~q s:>or'~15~' · ~n~ ~ ltl T ra.,'t.%..~<~"~'a<:~ - Sc[ ~ - ~ C~am P.c~ts ~ tO P. aO0 Road ,-'dO TBD Project BCC Project Name District Type Limits of Project and/or Major Quantities Status: Designer: Contractor: 0 Lr~,c~:e~ :~e Construct~c~ Amount is a Procose~ atnount ar~:l not an ACtual amo~n'L P = Prc~,e. ct~.e~ A = A~t,tal TI~D = To ~ Oetet'mi~ Start/ Completion Date M O/'Y'R Construction Cost ;8E2 16' FORCE,INN LIW'IGSTON ~ NO~TH E~TENgI~I S - U C,D i [ WASTE WATER PROJECT LOCATION MAP I,I 2~ t B 2l [ 8E2 8E2 Project BCC Project Name District Type MSTU .---) ,~ Limits of Project Status: and/or Major Designer:. Quantities .: Contractor:. Start] Completion Date MO/'YR Ja~ 02 P I,.L,~ - .°5 A Zec Coc. s:-J~:~ inc :~e~ca:e For:.e Mac. a.s ~ D~.: 95 Rood ~-~.e<:: TBD v,',~s Pass Roe: rear US.z. i, De.: 99 5 ~ ex~ ~ ~ J~ T=JD Se~: 01 TE).D FL3. to Rad~ Rd. A Construction Cost ;$~ .DC.5 · 55 $ 3g 2 C, DD ($1.350.000) (S1.3D'~ STBD Project BCC Project Name District Type F~-,'~A Co.~'~.,' I '~','~ s:- '¢olA.~'M US.41 N Limits of Project Status: and/or Major Designer: Quantities Contractor: 8E2 S ta rtJ Completion Date M O/'YR 0,= $7 A 0-~ r-'-'5 A Se~: Oi P Ju~' 95 A P.ta-/C 3 P Construction Cost $t2~255 $3~ z27 ( ~S..~ 8E2 . I ~"~"" ';C: LOCATION 8E2 Limits of Project Status: StartJ Project BCC Project and/or Major Designer: Completion Name District Type Quantities Contractor: ....... D_ ate_MOfYR. S:..~-a.~e rr~ S o~ t.-r~oca~.e Rd. t.-,a.:e~ & 01-:.2 M .-.hll T'SD ir~rn ~,~t~e ~ S5 ~ Sep 01 P ,T3D Construction Cost 2.:10.391 (S .'.:,5 3,32) S ?,G3 COD ST]3D Limits of Project Project BCC Project andYor Major Name District Type Quantities Status: Start/ Designer: Completion Contractor: Date MO/YR 1.33 ,~S:~ R?.:s~e S~-~?e and R.~.'eO 0 Indic. ales tt~e Constructk:~ Amousqt is a Proi:)osed au~ount an~ not an ~ctUat amo~lfff. p = Pr:Uecled A = Actual TBD = To Be Detei-rnirNKl Construction Cost (S6_i,:).OC,~- ) 8Eo_ R 25E ,', · .1 R26E PROJECT WATER LOCATION J ..... 18- t6" wu LIVINGSTON P.D. NORTH E)(TE,~ION --(2~K)2): :! R27[ t NOt~ TH R.F., gJ 0t ,IAL .- TREA Tk'~El'l T PI.MIT ._.t. lJ IL/P .---- WELI. FI[I [, /' ( 2003 ) / ~--- 8-M~D EXPAN",I()N /' ( 200.,} SOUTH REGIONAL TREATMENT PI ANT ,.z.~.._ f2oo.~) ~'- MOD / .... (1998) / / _.10 MC, D · : (2f~.~-- 12" 'wu U~41 MANAT~ RD TO BOT, N£ ;SOUTH (19~j9) ', 8E2 Project Name S.R. 95~ V,'aler C~ar~ Te~me. '.9 Limits of Project Status: Start/ BCC Project and/or Major Designer: Completion District Type Quantities Contractor: Date MOfYR ',' ',', 3 !er m. ~,~ ,.%D ' .,~..e"s~, ~,'~-'~cs C..':~'.s .'"~ ~ ~ ,1~ 9~ e.t ~,~.~-5.::~ ID :)La.-.'. Se= .c9 Construction Cost S~ ~,:' '~00 S: 2='~ 3;2 S& :,~2 z):) S,"~ 2 5 -'03 fS25 C')3) ¢$37C Project BCC Project Name District Type SCR'r,Tm 5'/SD ',' ',',a:er =~C)- .)c, r,: ALL Vale.,w--c.:~, ',',"1,1 3 ,& 5 Limits of Project Status: and/or Major Quantities Lee '3,o~,ee b-,e a"< ~': 'J S 41 Start/ Designer:. Completion Contractor: Date MO/YR _an 92 Case. R e~oce :e 12" Var'cx.;~ T~3D Construction Cost A s~t C2 P A S231.030 SeD: O1 p S, eDt 01 P Limits of Project Status: Project BCC Project and/or Major Designer: Name District Type Quantities Contractor: ~a'x-.~y (Ph '.) a'-,c G G (:>n 2) .-BO 0 Ind~cate~ I~e Construcho~ Arno~jn: ~s a Pro"p<~.ed arnoun! and not an Actua/ P = Pro,~acted A = A----lu.31 TBD = To Be D~elerm~ne,~ 7' Start/ Completion Construction DateMO/YR Cost L,.~ g~ A r5550 (>3,3. } N'e; C3 ;~ S ~, :.4 5 S.S.: Project BCC Project Name District Type Limits of Project and/or Major Quantities Status: Designer: Contractor: 8~2 , Star-t/ Completion Date M O/'YR Construction Cost p~Sr Collier County Government Services Public Works Engineering issues a quarterly status report on County Capital Projects.Information from the latest report can be accessed below. ** not yet activated ** Airport Projects Location Map Construct/on Schedules Status Report Beach and Inlet Improvement Projects Location Map (~(;nstru¢l~on .%hedu]e~ Status Report Facilities Projects Location Map Construction Schedules Status Report Median Landscaping Projects Location Map Construction Schedules Status Report MSTU Projects Location Map Construction Schedules Status Report Parks Projects Location Map Construction Schedules Status Report Solid Waste Projects l,ocatlon ./',lap Construction Schedules Status Report Stormwater Projects Location Map Construction Schedules Status Report Traffic Signal Projects http://www, co.collier, fi.us/engineering/pst.btm 3/17/99 Page 2 of 2 l.ocadon Map Cons~ructlon Schedule~ Status Repor~ Transportation Projects l.ocatlon Map Construction Schedules Status Report Wastewater Projects l.ocation Map Construction Schedules Status Repor~ Reclaimed Water Projects l.ocation Map Construction Schedules Status Report Water Projects l.ocation Map Construction Schedules Status Report http://wx~.v co col lier. fl.us'enlzineerin~'psr, htn~ 3t I 7/~19 TT THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and elease ) is entered into and made on this~_~_, day of R " ~__ 1999 by and between Evelyn Field (hereinafter ref'erred to as "Mrs. Field") and Collier County (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Mrs. Field filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida styled Evelyn Field v. Collier County, Florida, Case No. 98-3183-CA-HDH (hereinafter referred to as the "Lawsuit"); and, WHEREAS, Mrs. Field and ti~e County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether clirectly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Mrs. Field and the County desire to roth..l(-(, their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideratior~ of the mutual covenants, promises and consideration set forlh in this Agreement and Release, and with the intent to be legally bound, Mrs. Field and tl~e County agree as follows: 1. Mrs. Field anct the County adopt and incorporate the foregoing recitals, son, crimes referred to as "Wi~ereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indiremly, to the Lawsuit, and for and in consideration of tt~e sum o( $39,750.00 and other valuable consideration, including tim payment of all mediatior~ fees, the receipt and adequacy of which is hereby ackn()wledge(t b~, Mrs. F/eld, ,~lrs. Field agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and vaJua[)le consideration, the receipt and adequacy of which is hereby acknowledged, Mrs. Field, on t)ehalf o~ l~erself as w~,ll as on behalf of her spouse,, attorneys, agents, representatives, insurers, heirs, successor~ and assigns hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, a:signs, insurers and affiliates from any and all claims, demands, causes of actions, damaCes, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asseMed or (:oul(I have asseMed in the Lawsuit or that arise from or relate or refer in any ~vay, whether clirectly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the La~vsuit. Inthis regard, and without limitation, Mrs. Field expressly warrar~ts that she I~as the full aufl]ority to release all claims of loss of consoMium by her spouse that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or the events, incidents or allegations described or made in tile Complaint in the Lawsuit. 4. Notwithstanding anyti~ing that may be to the contrary in Paragraph 3 of this Agreement and Release, Mrs. Field and the County agree that either of them (as well as any other persons or entities intended to be I)ound) shall, in tile evenl of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Mrs. Field and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mrs. Field and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the par1 of either Mrs. Field or the County. 7. Mrs. Field and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreen~ent and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same forn'~alitie, s as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Mrs. Field and the County agree that all underlying causes of action or claims of Mrs. Field have been extinguished by this Agreement and Release and that the sole remedy for breach olr this Agreement and Release shall be for specific performanCe of its terms and conditions or any damages arising from the breach. In this regard, Mrs. Field and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the state olr Florida. IN WITNESS WHEREOF, Mrs. Field and the County have signed and sealed this Agreement and Release as set forth below. DATED: "7~,~a../t..e...4..- ,~.,,.~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUI,ITY COMMISSIONERS OF COLLIER COUNTY, FLORIDA / [*AMELA S. MAC'KIE, Chairwoman Date: ~ ~ '~ ~ EVELYNFIE~D, Plaintiff 9A THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN EVELYN FIELD AND COLLIER COUNTY, FLORIDA,~ WAS SWORN TO and subscribed by Evelyn Field before me this ./, -, day of , 1999. " ~'"" ' '/ .L,' ! ~ , '~ignature of Notary Public Personally Known O r Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Type of Identification Produced Approved as to form and legal sufficien,cy: Michael VV. Pelht Assistant Courtb, ,,Mlornoy .f h hill m!d'st,tl!em,,nl a~rp,'men~ ,;, m t,a~e ('()1.1.1 ER COUNTY IIOARI) OF COUNTY CO313IISSIONERS I)EPAI~T31ENT OF FACILITIES .~IANAGE3II.LNT D A T E: TO: FRO.~I: .".larch 17. 1999 l. eo E. Ochs. Jr.. Admires:tarot Support Sc~'iCes Division Skip Camp. CF.Xl. Director Dcp,~r:mcnt of l:aci!i::cs r ..... : ..... ,':'",,:'< ."or the She:StTs operational space. ..... : ........... , to t.,.t. st:p?ort i'.l,.' /'hidings. Project (',)~t T!:e e.,..'x.a, te pro'.ided ia tile Co:::rn:s~.:,,::c..-.~ ?.hzk..:: I;w ();~::o:~ 'I".~,) ~s Our c,:.::s::zc::,.x~ cos: v. as pro, ideal For and re~ie',ted 5', kra:'i C,)nsmicuo~;. h is ba~cd o;: "sLci::ag ' :icc second floor in ti~e same mamler as :he zlh ;leer or'the C'ourlJlousc. :Xs rec:::::en2ej :,,. the Cou:l:,,"s eazineers. ~e are ;., ~ · :;- · "' ,,,C,~ .... .~O1: 1[¢:IIS on tile socolld ricer I cie'. a:,:r lc 5 bses. resrrooms and bulk air conditioning :::r dchum~di ficafion ~. Site Improvements. The proposed building IOption 2~. sics directly over an area rich in utiiities. These include chilled water p~pes, sanitary sev. er. potable water, storm water cr .... _-. ca:it lines and in-igation pH;es. The .Mas:er ?!an es,harked 51.048.093 lbr the reiocar!on of these items. Demolition of Building A. The demolition of Buildin,z A must be included accordin,.z to the Count'."s consuhant if the County is to get an.,,' tvpe et'an impervious credit towards a ne'.v!7 proposed building. The estimate to demolish this building according to the consultant is 5251.5_.. There are some peripheral issues associated with this demolition project t~:a: should also be addressed. What happens to the walkway between the Administration Building and tile Old Courthouse (Building A)? If there no longer is a building there, the Count,., v.'ould have to remove it and patch the hole in the Administration Building. Additionally, we would ne:d to seal the atrium of the New Cou,qhouse where Building A was torn down. Commissioner Constnntmc s ProposM Chilled \Vater. Tke"": · ..... n ,.:ovemment complex is served by a chilled water svstem. La:mc "chit:ers" predate the chilled water (for air condition:ns1 and dis;ribute it via large .... : .......... ~:_ -~- ~o ail the buildings. The system is cumentiv at or near ,.., ..... ou,.,, p~pcs _ · - ..... c'r.'. Under epson O;:c. it is possible that Iprovided Bu~tding A is ciiminatcdl there bc '", .':' c"~'.":' :o scr.'c a new x2 c,),', scuare lbot burial:ex. Because bulk air · -:-:-¢sa:, ,,~:d:o'a: add:::c::.d ur, trades. A mechamcal e:mineennc 15211 xtould need tO :_:C'.::arC :he CXiS:::CZ :,:.X: ale:CZ with the proposed '~" ........... a:xl spec:tX' thc ......... :.,' Tire Xlaster Plan addresses the requirements and the associated costs of chiller -- ..::: ..::-ct.ices :,,r Pk.:se ,)r.e o: ::lc Plan ~5-.-, ".. -- }. Parkin'_' '0.'ich '; ...... ; ...... ;.' ._' that Building A v, ould be ',- de;,.:: .:nd those ~' ";" ' ;. ,~ ....... : .... t.,,! _ · '::::!::.:" ,.,.et:id be .,~-';.~.: to newh' proposed s~ructtlres, app, roxlnlatelv '~A It) 49 ney. r.xk::;-' sr.a.:es xx,.u ........ to be built. At a cost of S3ou. per space, the cost of ....... ,,,. :22 m:r.-,::l_ :o::s e~:::l:ale.: at bet:teen 5. i J.2'J:J and $:-' -:: , :':...,,,., < ~,,,,:, .',.,-', .; ....... &,, .", .... sod and access isle. I)RI..-',.,:cord:::-' to [)a.'-.~21 Trescott. ~S,:utk:'.es: Florida Res:thai P,..'m,,~= Counc:l h thc - · ' ,,. ...... '--"' the DRI proce,~s. 5~:£7::';'5 AC:':;;::::Zr:.;::'.~ a2,2 ,,7cra::oni. a spaces ar:2 no: '7k:'. d,, "'." ,t'a: :: :"' :5': Ue zo_-~:ble to propose to the State. a ti.an :hat v, ould allow thc ,. B .... u,n_ A and build :' ".:::7.' :.' }%:1:~: tit's' '~'" '"' ,~:' sl',ac;2 t?,at is c;;.,,oll..hcd ~tear ":'7 ".::::J-:;-'~' ~'' "' :" ~'" (,22: :',)r Si;.Jrl:':'i ,)U'J,";.it:Oll -2V lC..'~ ~,,I ; '.'7'..'. ~ ........., %1. :..;. , <'-'2:72.c.,"C:1'22 it' ~.!:;.q 5,2 '215 ,2 .'Z 0 '2, .... \\'ater .X, lana'aement. Tke C/our.,.7's e:r,'Jronmentat censuS:a::: ~V.'iisc:: Nlillcrl has stated ::: :irc a',:.:ched l,.:::er da:ed .X~a:ch 15. ~,)9') tha.t :hey "do not :k:nk t!:at ti~e South l:torida '.:.'.,:er .xI.,.:~ag..::nent D:str. ct ISFW.MD~ would allow add:t:or:ai construction itt thc ,:am."'.:s ,x ~:hout some b'pe of pcnnit authofizat;on". The':' I'unher state that they do not k.-.o{v of anv variance prccedure available for a temporar'y or inte,'Sm water management =e.,'-mit. In ~eccnt conversations with their staff, they did concede that tile most favorable ~:c?,edu!e for obtaining a permit even referencing some type of a variance for receiving a credit for the demolition of Building A. would still only produce a permit sometime around November. Additionally, it appears that if the County submitted an alternative type of water management permit, an additional cost et' approximate 20% of the original pe,.-mit I SSO00.) maybe required. Commissioner Constantine's Proposal Page Three Project Schedule. represent a "best cnse" scenario: Design 3-4 month V','ater ,',.lgt. Permitting Construction Ft:r,,.itt:re Ins:ali:ti!on Occupancy Based on the proposed program, the follmx lng schedule appears to - August 1. 1999 - November 15. - Atzb'us~ 15. - .-\ug'.:s: 36. 2', April I. 1999 November 15. 1999 ..\uL-:usc. 15.2000 August 30. 2000 [ tr".Is; ;.,'* ',r ,.~ q .~ ' t...= u,,o,,,x.t,o,, is t:eip/'ul. [/'I c:m be oran',' additional as: :s~ance. please do not }:esi:a:: .:o c, ..... ',~::!',',::': Opt:e:: One and O~tion T'.~o 5,.,:::!:'.x est Fio~da ReLzionaI Planr. in~ Council Lener 'Wiis,.m..XIiilcr. Barton & Peek. Inc. Letter D:agra::: o:' Ba:idinc J I.Xlain Jail BuiIdingl Rav Be!lo~ s Memo (Parking) Law:' Henr.' .Xlemo (Parking Costs! : ~ Commissioner Constantine's .M~mo tbth~ BOard "":,'attac,hments Space Planning and Allocation. Building Management, Fleet Mana~zcment. County Security. Grounds .Management. Facilities Capital Construction, Janito~at Services, (Sard Access Services, Indoor Air Quality. The Department of Facilities Management j-1 Wests:ce cf F_,L. C:ng, Budget (Sheriff's Numr'ersl Acc Furm:ure Total J-2 Scu:hs;ce Of Bu:lC:r~ j 4.77.~.000 Budget (Sheriff's Numbersl 517.625 ACC Furmture 5.291.635 Total 6.305.0,30 388.765 6.693.765 Budget (Staff's Numcersl Total Finished C,;"s:::.:: ,:" - 2.~5 CdC ,],:": "je"c. ZZ' Z':~ Tctal Proiec: Cos; 5.7~9.300 Budget (Staff's Numbers) Total Finished ,..,,. s ...... ............. :"'e~: 777.22,2, Se-:. 7'-es':'S =.~e-: Cc::.r~e.c:. Total Project Cos; 9.408.020 Site Improvements 'Frcm Mas[er Zap, Re!cca,te Chalet lifos. ~:e; 32~;c.3. sewer and water ',ices. s:crm,, cra qs. etc. Demolition of Building Chilled Water (From TLC Engineers) With the elimination cf -:':',icing A. current SVSt~m ~8'I ~' ....~ SaC. · _ ,,~, ,,..,,~ Water Management Permit Variance 500.000 251 ,§25 TBE 8,000 Budget (Staff's Numherst 1 Fioor Shelled Ccr~strLCt;Cr - Coq::r_ce'~c:' Total Project Costs ' Es:,m~te 'rcm ~'aff C.:ns:r~c: 7 '* ¢~'q 3,50.CCC, 5'5 8.357.866 Site Improvements 'From Master F an Relocate Chiller aces, fl:e, oa:ics, sewer and water lines, storm trains, etc 1,048.093 Demolition of Building A 251,525 Chilled Water (From TLC Engineers) Mechanical Enceineer;ng required to calculate aCCiticnal ~onnage. TBE Water Management Permit Variance 8,000 iOA PIann~ng Ceot. {Rs'. ~ Fin~sXec Scace ' '5 ssaces Lost SSaces az Tc',a~ Rec~:rec t 49 Less Demo ~',C c <' CO;. ~ecu:rec :c ~ ~ c -::, Cos: to Build P.~rking ~$300,'space) To~al 8 OCO 22.700 Park:n.a ~,Losl saaces Bldg. Ft. Pr;n! 34) ~Lcs: 52aces Mcs;::cat,c:3 area 20) Lest Scaces az Cos: 1o Build Parking (S26C saace) Total ' ,:' Z _' 7 [arch 9. 1099 Jack Crognale. Cons:r-.lC:lC:: .Xlanagzr Coiiie: Cell:tV Dci:ar::::c::: ,, ,' r, .:'m,,c.,', 3;0t E. -,'-;-,,'-; Trail "~-:" Fi:fl.i_ .:-'' ?' SOL'TH,',XTST FLORIDA REGIONAL PLAN.~ING COI..~CIL ',,/ *.-. /'-~-~- ~-~C~,,---<.....,/ D~n,~, L. Trescott Principal Planner,/DRI Coordinator c.: Bernard Piawah. DC.-',, BLP March ',ia ;Tax and ' ' Yzciiitie~; .X Jar a~,::nen: Collier C,,u::.'-. Gene.-?.! -:cr,::.:~ 21c: Ii. Tar:fiE.-.: i':aii NaNe,,. [:! j-r: t: RE: %'a~c, 51;ma,.ze:nent Permit for ~hc .'qain Govurnment C.imlm,, :1:',: ~,'at:; f-'!, ;'rd,: ';';-'.COt },l;in;l~e.'li¢~t Dlit£1¢t ISi"'~'~, DI I:.q'.~t,mmet'~ta. ~,.::,uur,:~ P-'.."m,:t ¢!]?,1)} t,, · .:'gP.z. Utid: ~ ~" ' '" "' .t:d..h'ua~ l,,cmt;cs ,;n :he campus as st~;n as po~,ible. an e::zezt:cn ,:z ou;er 'zrouzdl ~uch as ec(?nom~c hardship a:'.c repiac,:' :h~ cxis;:n,_., :'c,~)tpr:n: '.'.:th a pcr",'n)u.,, surl'a;.~ ~ueh ,.k,~ 7dr:'): this c;)uld mcan that addmcnai :~quirzd parkm,_.j' m',:s; be placed on p¢,'wious ar'z.a.~ untd such tim~ as the mas;er ERP appro,.cd: · re.;refit thc c×iat;ng st,tm; drama,='~ s?'~t~ml to inlcrccpt and treat additional storm ;~ ate: runuff; or · c,';mmit Io an ongoing storm ~¥atev management retrofit proL.?am by includin~ a linc item in thc capitat improvement plan annual bud.act. l'-it¢ foilu~m,.., is our curr~nt schedule for completing thc ERP application. Wc had originally estimated authorizatmn Io proce~tl on March I and an ERP applicalion subtotal on Jun~ 16. With good stall' inpu:. ;ye belie,, e ,.ye :an still make thc June 16 submittal but cannot sho~en ~e schedule any further. 'Fi~= ~chedule libted beh)w also includes anticipated time lines for actions bv SFWMD staff. In addition, included an additional request we should m&e to the SFkk~ID: ~ early work au~o~zation (~hown in %'II.SON, NIILLE~, BARTON & PEEK, lNG. ;:Z.: ~,,i,.': Lane, ~,nte :,:C. Napi~a, Jqortda 34105-4507 · Ph 941.649-4;40 Fx 941-,.4).~71¢ Mr. Skip Camp: CFM Government Campu,; ERP Schedule p," ge 2 italics). The carl.,,' work authorization allows limited site clearing and grading to occur in non-we:land are~ and is b;~cd on the premise that the Governing Board will approve Its stalTs recommendation. It can be issued prior to oO,:,cial Governing Board approval so long as the $F~3..'MD staff report is complete. 'Ibis can save up to a month in some instances. ,Milestone Schedule J.'4 Notice to Proc:ed Submit ERP Apolicat o: Rez::i'.c Is; ~e: ,'~f camme.'.ts ~:-om SF\VMD March 22, 1900 June 16, 1999 Anticipated arcur, c; Julx 16 (30 days aticr initial submi~a!l August 13 Antic:pared arounc See:ember 14 Octebcr I-' .-knt:cipated ~roun4 No~ember 9 Cou.:7: re¢'ue.c, t5 ca'r;': aor,~; c.c.~.ro;'nt lo comment,, hm;~ed c!ear:n~ grading activities .[fiddle to end of .Vo~ ember SFWMD Governing Board agenda approval Commence full constructmn Commence limited cun.wr'ac:ir~n for permit Anticipated to be placed on the December 9 Governing Board agenda A.ftcr January. l, 2000 without carl.,,' ~,'ork .'Is early as middle nf November. 1999 with early work authori:atton You have our commitment that we will pur~ue an aggressive schedule to expedite thc poaion of thc pe,"mkting process that is within our control. Let us know how we can help you anyway we can. c~mp,s ............ , From: Del~ows r Sent: Tuesday. klatch 16, 1999 3:33 FM Tc: cc~mp_s Subiec:: ~erk:ng for Gov. Complex Ran Ninc thinks that the parking spaces will have to be provided for the portion of the office Duilding that is constructed while the pang for the remainin shell of · h ,- ., .... : , g the bu~ld~ng w have lo be s o,.,,., en ,,.e ,.,lan ts future parking to be constructed when the rest. of the h. ~ n,.. ,, ..... ~.~ IOA camp_s ....... From: henp/_~ Sent: Wednesday, March 17, 1999 10:12 AM To: camp_s Subject: p3r~r,g spaces Thees:,ma:e~cost2er s2aceisS300 Th~s,nc:udesthestnpp~ngandbumpers:ops T~s c,:es not ~nc',ude lighting, crainage, sec. and eccess isle, If ', c'-' na'.e an,/cuest~ons g~ve me a ceil a: 77z-892.z' MEMORANDUM DATE: t" r.O.k t. [ ':~: .... ! ~._". e a .~c;',.:'::or, tha: me=es ezch o£the a;z¢:'e ',,z.-.~i ,.=.-. .......... =- ............. c,. made. Tke <....,.z :.- = emztc'.'ees are .... cz, ulud to move out in the nexl ca:='si= of weeks to ;emFor:"-!i:.' ie"~e'.f.4 cuba, ers. Unfor, unate!y, our current pta..-', also calls for ~hose same e....~.o:--; ,'-~¢... ',c move at least r,vo and possibly three more time..,. I: se=ms a mare lc~icaI solution v,'ould be to move &=ad and build the administrative szace tee Sk=AiTs Depamment needs nov,._..Z'. It is schedule~ to ke'_.:'in cons;ruction in 18 - 24 moa:ks a.wway. Vv'e aI,,",~" have a desizn/build, team in place and if we ac: reasonabl;', quickly they can have Fe.,.-'-.~".e.".t s.r:ac= available in one .,,'ear ,.','hen the ne'.,,' tern.sofa.q,' leases expire. The r::sui: '.,.'eu!d ke only one more move for the employees, a pe..,'m, anent solution 18 - 24 moa:ks .... d of schedute, saved taxpayer money and dramatically improved e.rficieacv. Bo~-~ of CounD' Commissioners ?ac-: -2- de:aiied outline or,he su,.:cestion and a le.-.e: ~cm She:'i~'f Don has verbally ind!c:::d te me. since the z.-fi, v~[ of his leaer he cmn enthusiasticaltv endorse oct:er, i ,e well. - · ~' . ....' . ,.~.~.= ........ czx:,: Foten:i:!ly E'e r":'.~zr.< v,'cu!.,i ...... ~om our Cagitai Proie:::s ~'"; ....This '"',' ' ' s:rez~ ,:'.'er ':.'~c c: ,t.,~,,, ..,...,,~ so as have rt.. ........ t h"r. cac: on .,.. .. ..... ',,_. to ;-:-'~ ' other -:oiec'~ scheduled. : '~-~- ..... : ..... :--' ;'-- I have -,,,t.e,~ Ccu.:',:':' Administrator Boi: Fe.'...z':de: :~ ,r, lace the ' ~ r'.~,--;~-: .... ~ ..... ~ 'Fr.:r,',: v-u z-.,i I kote vou :' '-- CZ C'~' ?.:2:A ~C~'~ OZ k. Ot.L"iP,' ,..~ ...... ,..-,,,. ..... .,a .... ,...,.,, . . '.'.:~ :u.-. ~-¢.-. :;U-_' ,~ 3.'7...'T.C."..,....c¢'"'.' ' .,,c..,..., '~' ' .... ','e. '~ '----:"":~'""' D'.~;.":c: .~ POTENTIALCONC RN N' R PON E DRI n:,.,sr be completed prior to building on the eamFus. or ,..c ..... Buildin,.z "V' - .... in:Fac:. T!:c ,:'-::::.,as ne:c:2s addiricn:,i · ..z ,:z .... "z,~::, ca:acer'.' .,-.-,v not r.¢ adequate to tlandle tk~ ~ ~"; ,' ' ' Rz.:zcn,zc: E':' vacatm,; "A" ;~r ney. er. more efficlcm Commission -"- ~or'r.o,.,. skor:, tc:'m, and a a .... · · ...... ~.:.' ........ :"" bud'_',.': cyc!e. SPACE ALTEIL~,'ATI¥'ES focused considerable a:temion on the County's immediate and Ion,,' address its expanding operational .... ' ..... ' ' r~un,m,.,ts. In an:icipam)n o:' ~-o,.v~z,= ne~ds, the Department of Faciiities X, o ..... , l,na= ....... ~ commissione;i a Study which proiec:ed agency growth z!~oug!: the year 2017. This .......<-"'"-': eie.-....'ms of ?base I (to be com.,.'~:.,'-,,':~ by. 200")_ of the aacro,.'ed.. Count;' -a,.~- mc:u::,:'..: :::z den:elkion of Building "A' m':d muk:pi~ acc:uons :c Buiidin_0. "J". The Building "J" additions, labeled J-l, J-2 and I-3, wouid add 31,509 scuare fJet for Shen:':'a.L'T.:nls:ra::ca as J,l and 59,SI0 square fe,~t for Shengoperationk as J-2. ' ::: ..... '" J ': Wa£ · - ..... ,.,-..-~:..-_ for Jail housing au'ed sappo= and torn! 9.'.,6z0 ~quare fee:. tr,:az: .......",','-,,:.:tEe ne'.,,' build!az. :',-,el .... :-'3 ~-"~'"';" * ' ........... c .... .., .... ¢..::tne .."q:'. e. :5: cu,.,,::: ;-.: .,.,, r.,rnainin= s:a:: :: f:.:lSil his =-a"" nee~ ir. ,--~ '" ................ . ,..,.~ o r,.,a..,., v, u.e impacts from Option 2 would need to be closely coordinated to ex_-ur: ad'e'..:ua:e central plant capacit7 amd parking. Schedule Ccr. z::-uc:ioa 3 - z months $ - i 0 months II - 14. months Bud,,et Or,:!er. I 3-'..q39 square Fee: · a,,:: :: .... C~ .... She ~ ~ ........... ~<' Ces;.,~ Fees. Cc .......... !0 t - 'j iZ - Cc:r.,missicner Timed:? Ccn-~z.''.:::'-¢ CeE!e: Ceuzv.,' P_,,2ar~ ct' Cem.':.::-~-:c .~,d,'r.i ni s; r.--, ,: [ c, n ~uiidi,sL-' ~ .:0 i Eas; Ta.-r, iami Traii >:acies. FicnJz .:z:i '_ RT- Sp:tce Alternad~ e': :z'.e:.~:~::.:~.'.: F:.:::'~' ......................... · ......... .-... __.. . '\ Don litu~[e:,'$nenn um¥. Florida DI! GYm.; CC Fii~ RESOI,U'I'ION NO. 99-181 RESOI.UTION API'OINTING MEMBERS TO TIIE IIISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-37, creating the tlispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS. Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing thai Ibc Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently two vacancies on this B~ard; and WHEREAS. the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WtlEREA$, the Hispanic Affairs Advisory Board has submitted to the Board of County Commissioners its recommendations for appointment on this Board. NOW. TIfEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: I. Fayc D. Rcddick is hereby appointed to tile Hispanic Affairs Advisory Board to Fulfill the remainder of the vacanl term. said term to expire on June 25. 2001. 2. ,Maria Grimaldo is hereby appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of thc vacant term, said term to expire on June 25, 2002. This Resolution adopted after motion, second and majority vole. DATED: .March 23, 1999 ATTE.ST: DWIGttT E. BROCK, Clerk Attest ~s to Chairmen's $1ga~ture only. Approved as to form and legal suflicicncv: BOARD 0f: COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FAMEI.A S, MAC'KIE, Ch~frwoman David C. Weigcl County Attorney AllV IIl)'kn loc RESOLUTION NO. 99-182 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO TIIE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WffEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WItEREAS. Ordinance No. 95-22 provides that the hnmokalee Enterprise Zone Dcvclopmcm Agency shall consist of' not £¢wcr than eight (8) or more than thirteen (13) members: and WIIEREAS. there arc currcntlv scvcn (7) vacancies on this board; anti WIIEREAS. the Board o£ County Commissioners previously provided public notice soliciting applications from interested panics. NOW, TIIEREFORE, BE I1 RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Maria (Lucy) De la Luz V. Ortiz, representing the category of Non-Profit Organization, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2003. 2. John W. Kirchner, representing the category of Chamber Representative, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year tcml, said lcm~ to expire on April 4. 2003. 3. Floyd Crews, representing the category oF Business Operating in the Zone, is hereby reappointed to the hnmokalcc Enterprise Zone Development Agency fi~r a 4 year tcm~, said term to expire on April 4. 2003. 4. James Pcnczykowski, representing thc catcgo~ of' Non-Profit Organization, is hereby reappointed to the lmmokalce Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2003. 5. Alan W. Neuman, representing the category of Private Industry Council, is hereby reappointed to the lmmokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4. 2003. log 6. Ira J. Malamut, representing the category of Non-Profit Organization, is hereby appointed to the Immokalce Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4.2003. 7. JcrD., tlubbart, representing the category of Business Operating in the Zone, is hereby appointed to the lmmokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2003. This Resolution adopted after motion, second and majority vote. DATED: March 23, 1999 ATTEST: DWIGHT. E: BROCK, Clcrk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA P~(MELA ~. ~ Chaifoman County Atlomey DCV¢/kn 100 RESOLUTION NO. 99-183 A RESOLUTION REAPPOINTING MEMBERS TO TIIE TOURIST DEVELOPMENT COUNCIL. WHEREAS. Collier County Ordinance No. 92-18 created the Tourist Development Council and provides that thc Council shall be composed of nine (9) members pursuant, to Section 125.0104(4)(e), Florida Statutes; and W[fEREAS. there are currently two (2) vacancies on this b,ard; and WtfEREAS. the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW. Tt{EREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Gene Vaccaro, representing thc category of non-owner/operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term expiring April 21, 2003. 2. Jerry Thirion, representing the category of owner/operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term expiring April 2 I, 2003. This Resolution adopted after motion, second and majority vote. DATED: March 23. 1999 ATTEST: DWIGHT, E. BROCK, Clerk App'r0vcd as to form and legal sufficiency: County Attorney DCW&n BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AMELA S. ~ Chfiinvoman RESOI,UTION NO. 9%184 IOE A RESOI.UTION APPOINTING SUSAN SAUM TO TIlE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WIfEREAS, Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the committee shall be composed of five (5) members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS. the Board of County Commissioners previously provided public notice soliciting applications from interested panics; and WHEREAS, the Radio Road Beautification advisory Committee has made its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Susan Saum is hereby appointed to thc Radio Road Beautification Advisory Commhtcc to fulfill thc remainder of thc vacant term. said term to expire on March 3, 2001. This Resolution adopted after motion, second and majority vote. DATED: March 23. 1999 .DW!GHT E: BRQCK, Clerk signature ~]~,. Approved as to fonn and legal sufficiency: BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIDA Count)' Attorney DC WA( n RESOLUTION NO. 99-185 IOF A RESOLUTION DECLARING A VACANCY ON TIlE GOI.DEN GATE BEAUTIFICATION ADVISORY COMMITTEE. \VfIEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of thc Golden Gate Beautification Advisory Commiltcc and provides that the committee shall be composed of five (5) members; and WHEREAS. Collier County Ordinance No. 86-41. as amended, provides that: "Any board member ','.'ho is absent for more lhan one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare thc position to be vacant and shall promptly fill same pursuant to thc provisions of Section Six herein;" and WHEREAS, the Co-Chairman of the Committee advised the Board of County Commissioners that Mark W. Houghton has failed to attend six (6) consecutive meetings without a satisfactory excuse in violation of the requirements set forth in Ordinance No. 86-41. as amended, and has requested that thc Board of County Commissioners declare that the seat held by Mark Houghton be vacant on their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seat of Mark W. tloughton to be vacant on the Golden Gate Beautification Advisory Committee. This Resolution adopted after motion, second and majority vote, DATED: March 23. 1999 ATTEST: DWIGIIT E. BROCK. Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA/ // / BY~v^,'~I~LA 2~. MALYKIE,{Chairwoman County Attorney DCW;kn RESOI,UTION NO. 99-186 A RESOI.UTION API'OINTING ANI) REAPPOINTING MEblBERS TO T! 1 E CO UN'FY GOVERN;II ENT PRO DU CT IVITY COMMITTEE. WHEREAS. The Count.,,' Government Productivity Committee was established by Ihe Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10. as amended; and WHEREAS. Ordinance No. 91-1 O, as amcnded, provides that the Corem] tree shall consist of 13 members: anti WiIEREAS. there arc currcmlv live (5) vacancies on this board; and WtqEREAS. the Board of County Commissioners previously provided public notice soliciting applici~lions from interested parlics. NOW. TIH':REFORE, B[~ IT RESOLVED BY /tiE BOARD OF COUNTY COMMISSIONERS OF COLLII!R CO[.;NTY. FI.ORID,,\, that: I. Sh:tron .\I. Il:mien is hereby appointed to tile County Government l'roductivity Committee for :t 2 .'.'car tcm~. said Icrm to expire on l:cbrua~, 4, 2001. 2. Donald Campbell is hereby al~pointcd to thc County Government Productivity Committee for a 2 .','car tcn'n, said tcnn to expire on February 4, 2001. 3. Edward T. Fcrguson is hereby reappointed to the County Government Productivity Committee for a 2 .','car term, said term to expimon February 4, 2001. 4. William E. Ebben is hereby reappointed lo the County Government Productivity Committee for a 2 year term, said term to expire on February 4, 2001. 5. Charles E. Gctler is hereby reappoinled to tile County Government Productivity Committee fi)r a 2 year teton, said term to expire on February ,1, 2001. This Rcsolt~tion adoplcd after motion, second and unanimous VOle. DATED: Marcll 23, 1999 ATTEST: DWIG}IT E. BROCK. C'lcrk At't~st a: ..... ,. ' ~" -::.~ ll'F. lO.q 'S s I~tu~-~ Approved as to fom] and legal suf~ciency: David C. Wcigel ...,fl -- County Attorney BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, FLORIDA 1 DCW&n RESOI.UTION NO. 99-187 RESOI,UIION APPOINTING ROBERT D. I.AIRD TO TIlE CONTRACTORS' LICENSING BOARD. 01-I \VIIERE:\S, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that Ibc Board shall be composed of nine (9) members .'~ppointcd by thc Board ol~ County Commissioners wilh a minimum ef two (2) members residing within the corporate cily limits o£ Naples or recommended to the Board L.', the Naples City Council; and WI IER EAS. effective October 1. 1998. Section 489.13 I{ 10), Florida ,~'tatutcs. requires that c','eo, contractors' licensing board consisting of seven or more members must have at least 3 of lhosc members quali fy as consumer representatives. WIIERE.,\S. there is currently a vacancy on this Board for Ihe category of Consumer Representative; and WIIEREAS, the Board o1' County Commissioners previously provided public notice soliciting applications from various interested parties, NOW, IIIEREFORE, BE IT RESOLVED BY TIrE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Robert D. Laird meets the prerequisites for appointment and is hereby appointed as Consumer Representative to lhe Contractors' I.iccnsing Board for a three year term, said term to expire on June 30, 2002. This Resolution adopted alter mot/on, second and major/ty vote. DATED: March 23, 1999 ATTEST: DWIGIfT E. BROCK, Clerk Attest. ,~.~ t') ,,':> ,,' Approved as to form and legal sufficiency: County Attorney DCW,'kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNIY, FLORID///}/ ~ELA ~ ~'oman flap[es Deity Ne~vs NapLes, FL 34102 Affidavit of Pubticatton NapLes Oa~[y Nays ............................................................................., E~OARD OF COUNTy CCY~ISSI~IERS ATTN: TOflYA PHILLIPS PO BOX &1~016 NAPLES FL 3~101-3016 REFERENCE: 001230 5?84163? 91-102/~D-8~-16C1 State of F~ortda County of Collier Before the u,'~er$tgned authority, ~er~ B. Le~, ~ ~ ~th ~ay~ that ~he eerve~ Jn Co[tier C~ty, r~ortde: t~t t~ ettech~ n~s~r ~ ~tes List~. AffJ~t further Says tqt the laid Napier N~I ~I n~t~r ~[i~h~ at Nap[el, in Co~[Jer C~ty, Florida, I~ t~t the n~l~r ~1 heretofore ~ ~ti~s[y ~[Jlh~ Jn said Cai[Jar C~ty, Florida, elch day a~ ~1 ~en enterH ~1 lec~ :[lll ~tter at the ~t off,ce in Nap[el, Jn Collier C~ty, Florida, for · Hrt~ of I year next prec~J~ the first ~blJ¢ltJ~ of the lttlch~ c~ of ~vert~ie~nt; ~ lfftant further says t~t ~he ~s neither Ntd ~r pr~JlH Iny pert~, lira or c~ritJ~ any dJ~c~nt, recta, c~is~t~ or ref~ for the ~r~le of lec~ri~ th~s advertJle~nt ~or ~[JcatJ~ Jo the laid n~per. PUBLISNE0 C~: 03/07 TO CONSIDER ~OINA~ fk~ce ~ herfo¥ 91ve~ that Off TUESDAY, ~ M O C~ ~- ~e Ism f~ AN ORDINANCE AMENOING ORDI* NANCE NUMBEff C~NTY LAHO ~. VELO~ME,T CODE ~HICH THE COMPREHEN- LATtON~ FOR THE UNInCORPORATEd. AREA OF COLLIEI( COUNTY, FLORIDA BY A~'~G T~ ~F~A~ ZONING I~1~S~ BY CHANGING ~ICA TION aP THE HEREIN DESCRIBED REAL PROPERTY F~OM "PUD" TO "PUD" PLANNED UNIT ~L~NT ~NOWN AS KREy. ~ ~TY L~I CATED SOUTHEAST ~D U,~ ~L 112 ~E EAST ~ U.S. 41 AT T~ E~TERN TEr- mINUS ~ WIGGINS ~ASS ~OAD ~ ~C- TION 15. TO~N~4~ SOUTH. gAUGE EAST~ COLLIEe lNG r~ T~E RE~AL ~E~ K~EHLING A~ BY ~OV~IN~ AN EFFECTI~ DATE. ~ ~ r~ eo '~" P~ U~ K~e~llng I~du~tr~es COLLLKR COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARING$ To: Clcrk to the Board: Please place the following as~: X~U< Nonnai lc~ni Advcm~mcn~ ~ Other: XXX Naples Daily Nc~s Other Proposed Text: (Include legal description & common Iocauon & Size: Companion pctJuon~s), if any & proposed heanng date: Does P:tmon Fee include adverusing co~? ~ 113-138323.649110 DRistan ti'~d Da~e kisI AImchmcn~s: ~ No If Yes. sv~t account should be charged for advertising costs: Approved b~. ...'.-::.5-..-..., Coun~ Manager Da~c DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating per"son to complete one coy and obtain Di¥ision Head apprtrral bcfort submitting to County Manager. Note: If legal document is i,wolved, be surt that any necessary let,~ ri'riel, or request for same. is submitted to County Attorney before submitting to County Manager. The Manager's office mil distribute copies: [-] County ,Manager agenda file: to [] Requesting Division Clerk's Office [] Original B. Other heanngs: l.'fitiating Dis'is'ion head to approve and subrmt original to Clerk's Office. retaimng a copy for file. FOR CLEP~'S OFFICE USE~_~NL¥: ' Date Recev"ed: ~ Date of Public hea~ng: ~ Dat~ Adve:xi,s~l: ~ '"7- f , ~ C-.re' ;'.;:r.' . '. . .¢ ,~..,,~.~ ,., . . . . , .:.'. . .i~:4... . · . ' ' .... -. .- ,. / '-.q,. --.--, t- ,o , .e--. ...... '"' '' , :' -- :.~...~'-~'~,/ -- . .-. .t-.. ..... ::',.' ;' ~:,'-". ""...-a'5 · · .~d;~- .--., ..: · . ...? ..... 12B I · 'O: PAM PERRELL ~ ~O: 263-4703 · l~I~: LISA STEELE /:~CIhI~ ]~3: (941) 774-84,06 March 1, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-82-16 (1) Krehling Industries Dear Pam: Please advertise the above referenced notice one time on Sunday, March 7, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 128 1 NOTICE OF INTENT TO CON. SIDER ORDINANCE Notice is hereby given that on TUESDAY. MARCH 23- 1999. in the Boardroom, 3rd Floor, Administration Building, Collier County Government Ce ...... 3301 East Tamiami Trail Naples, Florida, the Board of County Commissioners will consider the ¢.nactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~; ORDIN~:CE AMENDING ORDINanCE NUMBER 91-102 THE COLLIER CO~gTY L~D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE ~4ICORPOP~TED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NI/MBERED 8515S; BY CH~GiNG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "Pb~" PLANNED UNIT DEVELOPMENT KNOWN AS KREHLING INDUSTRIES PUD, FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41, 1/2 MILE EAST OF U.S. 41 AT THE EASTERN TEP~INUS OF WIGGINS PASS ROAD, IN SECTION 15, TOWNSHIP 48 SOUTH, PJ%NGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 15.26~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE N~BER 82-120, THE FORMER F~EHLING INDUSTRIES PUD; AND BY PROViDiNG ~.~ EFFECTIVE DATE. Petition No. PUD-82-16 ~1), Karen Bishop, PMS Inc representing Henry W. r,~-hling, by changing the zoning classificatin of the herein described real property from "PUD" to "PUD" Planned Unit Development known as Krehling Industries PUD. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are in';ited ~o attend and be heard. NOTE: Al~ persons wishinu to sseak on any agenda item must register wi~h the ~ ..... ' ...... y administrator r~ 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 cr 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 1 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. M~C'KIE, CHAIRWOM3%N DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy (SEAL) 12B March 1, 1999 Karen Bishop PMS, Inc. 2335 Tamiami Trail North Suite 408 Naples, FL 34103 Public Hearing to ConSider Petition PUD-82-16(1) Krehling Industries Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Dail}. News on Sunday, March 7, 1999. You are invited to attend this public hearing. Sincerel?., Lisa Steele, Deputy Clerk Enclosure March I, 1999 Henry W. Krehling Kreh!in9 Industries, Inc. 1425 E. Wiggins Pass Rd. Naples, FL 34110 Public Hearing to Consider Petition PUD-82-16(1} Krehling Industries Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 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 7, 1999. You are invited to attend this public hearing: Sincerely, Lisa Steele, Deputy Clerk Enclosure 1 ,,~.:,-- Ar.rENDING ORDINANCE NUMBER 9i-102, THE COLLIER COUNTY LAND DEVELON4ENT CODE, ;'iHTM t.,CmUDEo THE CO~4PREHENSiVE ZOHiNG PKGULATIO"S ,,~ FOR THE UNINCORPORATED AREA OF COLLIER COUNT'f, FLOPIDA, BY AXENZi:~G THE OFFICIAL ZONING ATLAS UU~.:====r: 8515S BY CHAHGING THE ZLASSi~'~ ...... OF ~}.,, Ur'pr'iF '~S~*p~*, FPOPEPT':' FPO>: "PUD" TO "PUD" PLAHNE3 UNiT ~r~r...z., ~ KNOW:: AS KREHLING INDUSTRIES PUD, FCP PROPERTY LOCATED SOUTHEAST OF THE l~,~, ..... ~Od OF U.S. 41 AND OLD U.S. 41, MiLE EAST OF U.S. 41 AT THE EASTERN TERMINUS OF WIGGINS PASS ROAD, IN SECTION 15, TOWNSHIP 48 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15.26+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 82-120, THE FOYER KREHLING INDUSTRIES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, ?'arCh Bishop of PHS, Inc., of Naples, repre'sentinq Henry Krehling, .~etiticned the Board cf County Co,-..missioners to change the zonzng clas£iflcaticn of the herein described real p~operty; NCW THE.~E~CRE BE iT ORDAIHED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU:;T'f, FLORi[.A; SECTiOH ONE: The 2sn/:~7 ilassifi.zat:~r: o~ the herein describnd real property locazed ir: :'eczion 15, T~wnship 48 South, RanTe 26 East, Collier County, FloriCa, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Docu:r. ent, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Hap numbered ~515S, as described in Ord]nance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTIOH TWO: Ordinance ::ur. bet 92-12~, known as the Krehiing industries PUD, adopted on Decor. bet 28, 1982 by the Board of County Commissioners of Collier Count}', is hereby repealed in its entirety. SECTION THPEE: This Crc!nar. crc shall keco.-'.e effective upon fiii:.7 with the Departmen'. -~ St:,:e. -1- COLLiE2 iZU::7';', ?LC? :iA ~A~BAPA ~. ~EFP'.~, 2ha~rmau, -2- KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KREHLING INDUSTRIES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HENRY W. KREHLING PREPARED BY: VANASSE & DAYLOR 8270 COLLEGE PARKWAY, SUITE 205 FT. MYERS FLORIDA 33919 DATE REVIEWED BY CCPC 12-03-98 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A EXHIBIT "A" TABLE OF CONTENTS 12B 1 PAG...~E LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTIONI PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III INDUSTRIAL 1 COMMERCIAL DISTRICT SECTION IV PRESERVE DISTR SECTION V GENERAL DEVELopMENT COMMITMENTs i 1 3 5 8 13 15 1 LIST OF EXHIBITS EXHIBITA EXHIBIT B EXHIBIT C STATEMENT OF COMPLIANCE LOCATION MAP PUD MASTER PLAN EXHIBIT A STATEMENT OF COMPLIANCE The subject property is approximately 15.26 acres, and is located in Section 15, Tov/nship 48 South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit Development, known as Krehlino Industries Inc., will be in compliance with the planning goals and objectives of Collier"County as set forth in the Grov.'th Management Plan. The commercial and light industrial development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objective or each of the elements of the Growth Management Plan for '~-~ ~, ,~ io'.'.'In9 reasons' Tce ,.~-;-*' s¢~,¢~ property is within the Urban Residential Land Use designation as iden:ifled on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 53 of the Future Land Use Element. All improvements ,.rill be in compliance with all applicable regulations. The project development ,.',,ill result in an efficient and economical extension of community facilities and services, as required in Policies 3.1 .H and L of the Future Land Use Element. The commercial and industrial facilities shall be designed to be compatible and compliment to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element.. A comp!ere range of services and utilities as approved by the County will serve the ,C,: O) .~.,.,~ Because an exemption ',','as granted to Krehling PUD through the Zoning Ree','a;uation Program. the PUD is deemed consistent v, ith the Future Land Use Element Pclicy 5.10. Policies 5 i. 5.9.5.10 and 5.11 of the Future Land Use Element address non- conforming zonings (non-conforming existing zonings are defined as those not being consistent with the Iocational or density criteria identified by the FLUE). Policy 5 i allows certain PUDs to be modified without being consistent with the 13cational cr density criteria of the Future Land Use Element Under this policy, a PUD ~s no! allowed to increase the approved density or intensity of use The Krehhng PUD is consistent based on the fact that it was granted an exemption Krehhng PUD Final Drai'! ol- 12B through the Zoning Reevaluation Program under this policy and is not increasing m,_n~,y previously approved in the zoning. Policy 59 allows non-conforming uses to further develop or redevelop in accordance with the zoning on lhe property at lhe time of the development or redevelopment. The Board of:County' Commissioners has clearly acknowledged this situation in previous zonini cases such as lhe Krehling PUD. Policies 5.10 and 5.11 acknowledge Properties that are granted an Exemption or a Compatibility Exemption through lhe Zoning Reevaluation Ordinance and are thereby deemed consistent with the Future Land Use Eiement due to these exemptions Both of these policies relate back to Policy 5.1. These policies do not require that non-conforming zonings be eliminated, but allow them to deve;:,p under their existing approvals An Exerr,,pt~on has been granted for the Krehling PUD which precluded the Count,/from rezoning the property via the authorization provided by the Zoning Ree,,'a!uat~on Ordinance and the Future Land Use Element Policy 3,1k. Krehling PUD Final Draft -2,. :1. SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the name of Krehling Industries, Inc. 1.2.__.~. LEGAL DESCRIPTION A parcel of land located in Section 15, Township 48 South. Range 25 East, Collier County, Florida, being more particularly described as follows: All that part of the north ~ of the northwest ¼ of the southeast ¼ of said Section 15 and all that part of lhe north 280.0 feet of the south ~ of the northwest ¼ of the southeast ¼ of said Section 15 lying east of the west right- of-way line of the former Seaboard Coast Line Railroad right-of-way; said parcel being also described as follows: Commencing at the center of said Section 15; thence along the east and west ¼ line of said Section 15, South 89°-54'-18" East, 561.94 feet to the west line of the former Seaboard Coast Line Railroad right-of-way and the POINT OF BEGINNING of the parcel herein described; thence continuing along said east and west ¼ line, South 89"-54'-18" East 706.49 feet to the northeast corner of the northwest ¼ of the southeast ¼ of said Section 1'5; thence along Ihe east line of the northwest ¼ of the southeast ¼ of said Section 15, South 0°-40'-39" East 951.13 feet to the southeast corner of the North 280.00 feet of the south ¼ of the northwest ¼ of the southeast ¼ of said Section 15; thence along the south line of the North 280.00 feet of the south ¼ of the northwest ¼ of the southeast ¼ of said Section 15. North 89°-55'-31" West 684.19 feet to the west right-of-way line of the former Seaboard Coast Line Railroad right-of-way; thence along said west right-of-way line. northerly 952.02 feet along the arc of a nontangential circular curve oncave to the east, having a radius of 22,983.3 feet, subtended by a chord which bears North 2"-01 '-11" West 951.93 feet; being a part of the northwest 1/4 of Section 15, Tow2ship 48 South, Range 25 East, Collier County, Florida; subject to easements and restrictions of record; containing 15.26 acres more or less; bearings are assumed north based on the north and south 1/4 line of Section 15, being North 0°-44'-02" West. Krehling PUD Final Draft -3- l 2B 1 1.3 PROPERTY OWNERSHIP 1,4. The subject property is currently under the ownership of Henry W. Krehling of Krehling Industries, 1425 East Wiggins Pass Road, Naples, Florida. GENERAL PROPERTY DESCRIPTION OF PROPERTY AREA The property is located in the north ~ of the northwest ¼ of the southeast ¼ of Section 15 and all of the 280 feet of the south ¼ of the northwest ¼ of the southeast ¼ of Section 15 lying east of the west right-of-way line of the former Seaboard Coast Line Railroad right-of- way. The property is generally located south and east of the intersection of new US 41 and old US 41, approximalely ¼ mile east of new US 41at the eastern terminus of Wiggins Pass Road. The subject property is currently vacant but it is sometimes used for temporary storeage of some minor amounts of finished concrete products. The existing zoning classification of the property is PUD. 1.5. PHYSICAL DESCRIPTION The site is located at the east terminus of Wiggins Pass Road and is surrounded by existing development: imperial Golf Club to the east and south; the Krehling Concrete Batch Plant to the west; and disturbed agricultural land to the north. The site itself is disturbed. Elevations within the site range from 7.5 to15.3 feet above mean sea level. Most of the site, however, falls within the 10.0 to 12.0 feet elevation category. The entire site is located within Flood Zone AE according to FIRM Map 120067 0191 D. 1.6__=. PROJECT DESCRIPTION The Krehling PUD will be a specialized light-industrial development in association with commercial / retail. As a part of the current business operations of Krehling Industries, Inc., the light-industrial facilities will be used to support concrete specialty products, stockpiling, and storage of finished products. In association with the industrial uses, the principal commercial facilities will generally consist of warehousing, office (retail or professional), building supplies and enclosed storage 1.7. SHORT TITLE Th~s Ordinance shall be known and cited as the 'Krehhng Industries Planned Unit Development Ordinance." Krehling PUD Final Draft -4- 12B 1 S E___CTI._~O N l___Jl PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. This planned unit of development shall be limited to specific industrial uses which are compatible and inter-related to the business operations of Krehling's concrete division for concrete specialty products as well as office/retail services. Therefore, it is the intent of the developer to use the industrial areas of lhe site to slockpile and store finished concrete materials on-site along with the storage of the finished products of the adjacent concrete plant. 2.2, GENERAL A. Regulations for development of the Krehling PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide development standards then the provisions of the most similar district in Ihe County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. Development permitled by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP, final plat approval, or building permit issuance applicable to this development. 2.3____.~. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically on Exhibit "2", PUD Master Development Plan. B. Minor modifications to Exhibit "2" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of Krehling PUD Final Draft -5- ].2B 1 the Collier County Land Development Code or as otherwise permitted by this PUD document. 2.4.___: LAND USE A. B D Exhibit "A", PUD Mastel?lan, conslitules the required PUD Development Plan. Ex,pi'as otherwise provided within this PUD document, any division of/he property and the development of the land shall be in compliance with the Land Development Code and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall appl'y to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpelual maintenance of common facilities. The following land uses and acreage amounts are proposed for the project and are illustraled on Exhibit "A" the Master Development Plan: LAND USE TYPE ACREAGE TRACT "A"- Industrial/Commercial ........................+/- 12.26 Acres TRACT "B"- Cypress Preservei:: ..... i: ............ : ....+/- 3 00 Acres TOTAL +/- 15 26 Acres (Exact acreages to be determined during permitting) 2.5___: AMENDMENTS TO PUD DOCUMENTS OR MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3 5 of the Collier County Land Developmenl Code. 2.6.__: LIMITATIONS OF PUD APPROVAL This PUD is subject to the sunselting provisions as pro,'ided for withm Section 27.34 of the Collier County Land Oevefopmer. t Code 2.7___:. PUD MONITORING An annual Monitorina re,oort shall be submitted pursuant to Section 273:6 of the Collier County L~nd Development Code, Krehling PUD Final Draft 2._._~8 OPEN SPACE A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Section 2.6.32 of the Collier County Land Development Code. The total project is 15.26 +/- acres requiring am nimum of 4.58 acres lo be retained as open space throughout the Krehling Industries PUD. Krehling PUD Final Draft -7- 12, B SECTION III INDUSTRIAL / COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as Tract "A" - Industrial / Commercial. 3.--2 GENERAL DESCRIPTION 3.3. A. Areas designated as "Industrial / Commercial" on the PUD Master Plan are designed to accommodate light manufacturing, assembling, processing, packaging, storage, warehousing, retailing and distribution of concrete specialty products, office / retail, aluminum fabricators, cabinet shops, dry good stores, freight movers, hardware stores, lawn maintenance shops, paint and wallpaper stores, radio / television stations, warehousing, tile sales and other similar uses. B. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the Land Development Code. TRACT "A": COMMERCIAL / LIGHT INDUSTRIAL Ao Permitted Uses and Structures: No buildin9 or structures, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a) VVholesale Trade (Groups 5039 and 5051). b) Concrete Work (Groups 1771). c) Hardware stores (Groups 5072, 5251). Krehling PUD Final DraftA,doc -8- g) 12B d) Light manufacturing or processing (Groups 3411 - 3479, 3491 - 3499); packing or fabricating in completely enclosed building (Groups 4783, 3491 ;3499}.. e) Industrial ware~°u;:i~i~!bh°leS'ale, storage, 'Or distributing establishments and similar uses (Group 4225). Material and equipment storage yards, storage for finished concrete products, outdoor storage yards and lots, provided such outdoor yard shall not be closer than twenty-five (25) feet to any public street (Group 4226 except oil, gasoline and petroleum products). Miscellaneous uses such as truck or other transpoda/ion terminal and related uses (Groups 4214 -4215). h) Office/retail, professional, general (Groups 7311 - 7389). 1 i) Radio and television stations and transmitters (Groups 4832 - 4833). j) Repairs for heaVY machinery and equipment (Groups 3569, 3568, 3537, 3531), and similar uses. k) Tile safes - ceramic tile (Groups 1743, 5211 ). Any other Industrial/Commercial use or professional service which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. Permitted Accessory Uses and Structures: a) Any accessory uses and/or structures, which are incidental to and customarily associated with uses permitted in this section. b) Caretaker's residence. Krehling PUD Final DraftA.doc -9- 1 B C D. F 3. Permitted Conditional Uses: a) Detached residence in conjunction with business - one (1) per business. Minimum Lot Area: Seven thousand-five hundred (7,500) square feet. Minimum Lot Width: Seventy-five (75) feet. Minimum Property Perimeter Setbacks: 1. North: Thirty (30) feet 2. South: Fifty (50) feet. 3. East: Twenty (20) feet 4. West: Zero (0) feet Minimum Internal Property Setbacks (if subdivided): Front Yard Twenty-five (25) feet 2. Side Yard 3 Rear Yard 4. Waterfront 5. Railroad ROW 6 Yard Abutting Residential Parcel Ten (10) feet Fifteen (15) feet Twent-five (25) feet No setback required Fifty (50) feet Limitations and Setbacks for Development Adjacent to the Northern Property Boundary Development within fifty (50) feet of the required setback of the northern property boundary of the site shatl be limited to commercial type of land uses. Any type of outdoor storage shall not be permitted with fifty (50) feet from the required setback of the northern property boundary or in association with a structure or use within fifty (50) feet from the required setback of the northern property boundary. Should the property north of the site's northern property boundary be approved by the Board of County Commissioners for any use other than for residential, this setback and outdoor storage limitation as it applies to structures adjacent to the northern property boundary shall no longer apply. Maximum Height of Structures: Fifty (50) feet. The maximum height of structures located adjacent to the northern property boundary shall be limited to thirty-five (35) feet, a minimum of fifty (50) feet from the required setback from the northern property boundary. Should the property north of the site's northern property boundary be approved by the Board of County Commissioners for any use other than for residential, this height limitation Krehling PUD Final Draft -10- J 12B as it applies to structures adjacent to the northern property boundary shall no longer apply. Minimum Floor Area of Principal Structure: Eight hundred (800} square feet. Internal Setbacks: 1. Building separation: 2. Service drive: Ten (10) feet or ¼ sum of the heights, whichever is greater Five (5) feet Minimum Off-Street Parking and Off-Street Loading: As required by Division 2.3 of the Land Development Code in effect at time of application for building permit. Minimum Residential Setbacks: There shall be a minimum of 50-foot building setback from any residentially used or zoned land. Krehling PUD Final Draft -11- SECTION IV PRESERVE DISTRICT 4.1. PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Krehling PUD designated on Exhibit "A", PUD Master Plan as TRACT 'B" - Cypress Preserve. 4.2.__._.~. GENERAL DESCRIPTION Areas designated Preserve on the PUD Master Plan are designed to accommodate a full range of conservation and preservation functions The primary purpose of lhis District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and cleansing and to provide open space for the development. The exact acreage of the perserve shall be determined during the pemitting of the site. 4.3...__._:. TRACT "B" PRESERVE 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 part, for other than the following: 1. Permitted Uses and Structures: Boardwalks, viewing platforms, stormwater management structures necessary for the establishment of an appropriate hydroperiod for the conservation area and the like. B. Treatment / General Use: The treatment of this area shall be for the preservation and conservation of the native flora and fauna found within the subject area. Retention of the vegetation shall meet the requirements shown in Section 3.9.5.5 of the LDC and shall be preserved in its entirety with all trees, understory and ground cover l~,t intact and undisturbed, except for prohibited exotic species removal. Krehling PUD Final Draft -12- 1 4,4, C. Maintenance and Monitoring An exotic vegetation removal, monitoring and maintenance (exotic-free) plan for the site, with emphasis on lhe conservation / preservation area, shall be submitted to the Current Planning Environmental Staff for review and approval prior to Final Site Plan / Construction Plan approvals. PRESERVE DISTRICT CONSERVATION EASEMENT A non-e×clusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7'.3 for preservation lands included in the Preserve Dislrict In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. Furlhermore, in addition to complying with provisions of the Collier County Land Development Code, easements shall be provided in accordance with the lerms set forth in the applicable permit granted by the permitting agencies. Krehling Industries, Inc. shall be responsible for control and maintenance of the lands within lhe Preserve District. Krehhn'3 ,::::'UD Final Draft -13- 5.1. SECTION._~V GENERAL DEVELOPMENT COMMITMENTS PURPOS..~E The purpose of this Section is to sel forth the development commitments for the development of the project. 5,2, GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Ihe Land Development Code of Division 3.2 shall apply to this project even if the land v,ithin the PUD is not Io be platted. The developer, his successors and assigns, shatl be responsible for the commitmenls outlined in this document. 5.3. PUD MASTER PLAN Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2,7.3.5 of the Land Development Code, amendments may' be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas rvlinor design changes shall be permitted subject to staff approval. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, locations of all improved facilities, and location and treatment of bu,,~r areas. To protect the integrity of the Planned Unit Development, the only access rcad shall be the private roads as shown on the Master Plan. Krehling PUD Final Draft -14- 5,4, UTILITIE~S VVater distribution, sewage collection and transmission facilities to serve the project are to be des gned, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. 5.5___: ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. If the property is subdivided into three (3) or more parcels, a plat shall be required. 5.6_.._.:ENVIRONMENTAL A 3. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging t'.venty-five (25) feet from the landward edge of wetlands Where natural buffers are not possible, structural buffers shall be provided in accordance :'.,ilh the State of Florida Environmental Resources Permit Rules and be subject to review and approved by' Current Planning Environmental Staff. An approved structural buffer shall be constructed along the entire western edge of the preserve, to provide a required buffer from the impacts of the site. This may be modified as appropriate during the environmental permitting process (ERP). That construction shall be completed no later than 180 days from the approval of PUD-82-16 (1). C. No protected wildlife species are anticipated on-site. However, if protected species are observed on site, a Habitat Managemenl Plan for those protected species shall be submitted to Currenl Planning EnvirOnmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. D An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site. with emphasis on the conservation/preservation areas, shall be s~b,'T'tted to Current Planning Environmental Staff for review within 90 days of approval of this PUD amendment The plan shall conta~n appropriate scheduling commitments for the initial exotic removal activities and the 1 Krehling PUD Final Draft -15- 1 removal shall be completed no later than 180 days from approval of PUD-82- 16(1). The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. A conservation easement shall be placed over the jurisdictional wetland on the site, providing protective covenants per or similar to Florida Statutes 704.06, within 180 days of approval of PUD-82-16 (1). This may be modified as appropriate during the environmental permitting process (ERP). 5.7. WATER MANAGEMENT A Excavation permits will be required for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. B. Excavated material from the properly is intended to be used within the project site. C. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 Engineering Review Services and the South Florida Water Management District. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40Eo40, this project shall be designed for a storm event of 3-day duration and 25oyear frequency. F The stormwater management system shall also include a positive drainage outfall. G Design and construction of all improvements shall be subject to compliance v/ith the appropriate provisions of Divisions 3.2 of the Collier County Land Development Code 5.8. TRANSPORTATION A. The developer shall pay appropriate impact fees in accordance with the schedule in effect at the time the building permits are acquired. Krehling PUD Final Draft -16- FDOT Drivev/ay Permits ,,'/ill be submitted, as appropriate with Site Plan submittals. , Prior to the issuance of any other development order, the developer shall complete an intersection analysis of the U.S. 41 and Wiggins Pass Road intersection. This intersection analysis shall be submitted to the State Department of Transportation for review, comment and approval. Any required improvements shall be the responsibility of the developer. The timing for any required improvement(s) shall be such that it is in place prior to the issuance of any certificate of occupancy for a structure in association with a use v/hich triggers the required improvement. 5.9_.._: 5.10_____.: C INTERNAL ROADWAY/SERVICE DRIVE CONSTRUCTION Ail ~nternal roadways within the limits of the PUD shall be private roadways and shall be maintained by the owner. However, such roadways shall be constructed to meet County standards. LANDSCAPE ./BUFFER AREA~S Prior to the issuance of any, project certificates of occupancy the developer shall , Comply with all applicable [.and Development Code regulalions for required landscaping: Construct a concrete wall up to 10 feet in height or construct a berm and plant appropriate native vegetation on the berm In either event the ,.'call or berm (or combination of the the two) shall be located on the southern property line and is intended to serve as a visual buffer from adjacer, t residential uses. The landscape buffering along the northern property boundary shall consist of a twenty (20) foot wide buffer area planted with trees spaced no more than 25 feet on center, and a hedge of at least 24 inches in height and attaining a minimum height of three feet in height within one year shall be required. Should the property north of the site's northern property boundary be approved by the Board of County Commissioners for any use other than for residential, this additional landscape buffer requirement shall no longer apply and landscaping shall be consistent v/ith the requirements of the Land Development Code in effect at the time of Site Development Plan approval. 5.11_.___: HISTORIC PRESERVATION REVIEW Krehling PUD Final DrafI -17- Pursuant to Section 2.2.25.8.1. of the LDO, if, durin9 the course of site c/earing, exca ration or other construction activity, an histrodc or archaeological artifact ~s found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Krehling PUD Final Draft -18- Naples Oa~Ly Ne~s ~ples, F~ 3~1~ ~fftd4vtt of Publication N~Les Daily Ne~s BOARD OF COUNTY CO~MISSIOtaER$ ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 a912501 S?~40~1 91-102/PU0-9~-13 NOT State of F:ortda C~ty of Collier Before the ur~lerstgned authority, perl~emLLy BI,eared B. La~b. ~no on oath says that she serves as th~ Assistant Corporate Secretary of the Naples Deity News, a daily n~sl~P~r published at ~pLes, in Collier C~nty, FLor~: that the attached CO~:~ of Advertising was published in said nevspaper on dates listed. Affiant further says that the said Naplea Oatly #e~s is i nevspaper p~bltshe~ at Naples. in Hid Collier County. FLorida. and that the said ne~spoper has heretofore been continuously published in said Collier County. Florida. each day and has bee~ entered as second class mail Ntter at the post office in Naples. in satd CoLlter County. FLorida. for a period of 1 year next preceding the first p~bHcatto~ of the attached co,/of advertisement; and affiant further says that she has neither petd nor prommtsed any ~erson. firm or con, ration any discount, rebate, coe~mtsstonor refu~dfor the purpose of securing this adYerttsem~ent for pubLicatto~ in the said ne~sDaper. Pt,~L[SMEO OM: 02/07 AD SPACE: 158.000 NOTIC~ OF TUESDAY NANCE NUMBER BY A~NG T~ RURAL AGRICUL* x ~F C~ A~ SOUTH~ RANGE 2S ~A$~ COLLIE~ T~OA~ I ,ec~z~ bY ~ 12B 2 01/29/99 COLL ,.[0LLiER C, OVEK.\%[ENT CO31ML':;?Ff D .*VELOPME.~;T .-~,'D E-N~"iF, 0:::'IE.N'T.'-.L -EtV'.%CES DIVISION 2~00 NORTH HORSESHOE DRI NAPI..~S. FLORIDA ;l~101 FAX CITY, STAT::: TOTAL PAGE~ LNCLUDL~G COVL'R $~ SPECIAL I~TRUCTION: i3ualdtng R~'~ew & Pertmrttn( 941! 403.2400 N'nturtl Resources C~e E~orceme~t ,941} 403.2~0 Pl~m~ ~e~ces (g41) 73: t941) 40 ~941) 73 COLLIER CO COX~..~IT~' D£V OO2 o12B COLLIEF COUNTY FLORIDA REQUEST FOil LEGAl. A~)VERTISING OF PUBLIC IIEARLNG$ To: Clerk to thc Board: PIcmsc place the Follo.in~ au i: ~ No~al legal Ad~ms~m:n[ ~ (D~pla) Adv. l~at~on, e:c ) On~,natmng Dcpu D,v' Corem Dc~ Se~ ,~Jamm~g ; ~J ] Da~c .,o~r: ~c ~ Add,ess). ~~c., C~l.,,~ ~,m~ ~,~.,. ~ Name ~ Ad~tcss of an) ~son(s) lo ~ n~t)fi~d ~. Clerk's 0~ (If more space ms n~. a~r~h ~epamlc shee0 ~ H~rmg ~fo, c~ ~ZA ' O~h~t - - ~ Nnples Dady N'e-s Other ~ Legally Rcquircd Pro~ Text. (incl.: 3cgal descnpum ~ combo l~auon & S,~ ~b~l~B~dcr~n of~n~ ~ad~. P.A rcprescn6r col taro ~ ~ r 7one from .... u~ fi ullure 1 "PU ' d"Pb~" o'Pb~Plann d m'Develo n kn w a j I Be, hwa ~nd,: , ,, , · · n :eSS ~ ~ ~demM C~cilifie; mr ~a_~J~ ~ ~ ' ro P~n ~c[~ ~uo J~ ~outh ' v aha U[II ( I l, Docs Pcuuon Fei ~lude advcmsmg co; ~ ~cs ~ No ff YeS..'lat u~nl sl~id ~ charged for adve~)sing costs' Dzvzsmn Head ~ ate County Mnfl3~r LIS1 All,it hlllCfll$ Date .4. For hearlnR$ before BCC or RT.A; Initiaglng person to tomplete one co? mod obtain Dirlsion Be~d approval ~fore sobmitting to Count)' ManaRtr. ~t lc: If le~nl d~ument is ~ntol~ed, be ~urg that any neccssa~ legal ~iew, or ~que~t for same, is submitted :o County A~torncv before lubmitfing to CounI~ blanagcr. T~ Manager's o~ce will dlvt~bute ~ Count~ M~naRer agenda file: ~o ~ Rtqut~tingDi~i~ion Clerk's Office ~ ~ Original g Olhcr hear:n~s I~mhallq~ Divas,on ) :ad :v approxc and ~::~I:l,l ong,nal ra Clerk's O~tce. re~lnmg a copy for file FOR CLERK'S OFFICE USE ONLY: .2 12B ~ NAPLES DALLY NEWS · 1~: ELLIE HOFFMAN ~ ~o: ~ 2 January 29, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Pam: Please advertise the above referenced notice one time on Sunday, February 7, i999, and kindly send the Affidavit of Publication, in du~li ~ . ca .... together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF INTENT TO CONSIDER ORDINanCE Nctlc= is hereby given that on TUESDAY FEBRUARY 23 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board cf 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: At.; ORDiN~.;CE ~ENDING ORDINANCE N~BER 91-102, THE COLLIER COUNTY L~;D DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA/!ONS FOR THE ~;INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~<ENDING THE OFFICIAL ZONING ATLAS MAP N~4BER 8521N AND 8521S BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUD" PLA/~NED bT,;IT DEVELOPMENT KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF lllTH AVENUE ~;D SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOU/H, PJd~GE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44~ ACRES; PROVIDING FOR THE REPEAL OF ORDINAt~CE NUMBER 90-45; ~D BY ~ROVIDING At; EFFECTIVE DATE. Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varnadce, P.A., representing Collier Development Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" P!a--~ Unit D~-;~lo m~t ........ p -., to be known as Collier Tract 21 formerly Beachway PUD. ' Copies cf the proposed Ordinance are on file with the Clerk to the Board and are auailable ~ ~ ~o~ inspection. All interested parties are invited tc attend and be heard. ~P~E: Ail persons ',.'ishing to speak on any agenda item must register with t~ ....... l' administrator ~ to presentation of the agenda item to be addressed. !ndiuidual speakers will be limited to 5 minutes on an'/ item. /he 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 considere~ by the Board shall be submitted to the appropriate Co..~t,, ~ ~-. : staff a minimum of s .... ~ days prior to the public hearing. Ail ~aterial used in presentations before the Board will become a permanent part of the record. A~',~ Person who . . c~ides to appeal a decision of the Board will need a record cf the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony based. BOARD OF CObT{TY COMMISSIONERS COLLIER COUNTY, FLORIDA PA~ELA S. MAC'KIE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s~Ellie Hoffman, Deputy Clerk (SEAL) the appeal is 128 January 29, 1999 Mr. R. Bruce Anderson Young, van Assenderp & varnadoe, P.A. 801 Laurel Oak Drive, Suite Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 23, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 7, 1999. You are in';ited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 2 January 29, 1999 Collier Development Corporation 3003 ~,:orth Tamiami Trail, Suite 400 Naples, FL 34103 Re: ~fotice of Public Hearing to Consider Petition PUD-98-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on'Tuesday, February 23, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Februa You are invited to attend th: s publiC' ~earing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 99- 2 AN ORDINANCE AMENDING ORDINANCE ~IUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH i~CLUDES THE C©MPREHENSiVE ZONING REGULATIONS FOR ?HE UNiI;COR?O?J:TED AREA OF COLLIER COUNTY, FLORIDA 5'." AMENDI.NG THE OFFICIAL ZONING ATLAS MAP NUMBER 8521H AND 852iS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY ~?,OM "A" RUPJ%L AGRICULTURE TO ~'PUD" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPk'ENT KNOWN AS COLLIER TPACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE ~EET OF C-3 CO:4MERClAL USES AND/OR A HOTEL O~ PROPERTY LOCATED BETWEEN U.S. 41 O:~ THE EAST AMD VANDERBiLT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+ ACRES; PROVIDING FOR TH--'. REPEAL OF O?DINANCE - ~UMBER 90-45; AND BY PROVIDING AN E.rFECTIVE DATE. R. Bruce Anderson of Young, van A~senderp & Varnadce, ?.A., representing Collier Develop.-.ent Corporation, · ~a.~ ~f ~.~ .... / Ccrmissicners ~c ch~n~e the :;1;';, THE~E~'SFE 5E 17 O~2AiNE2, bi,, the Board of Ccur, ty ....... ~ ..... n-:rs o' c~''ier County, -:~' The zc~ninU classification of the herein described real prcpert>- located in Section 21, Township 48 South, Range 25 East, Collier Csun%y, Florida, is changed from "A" Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development in accordance with the Collier Tract 21, formerly Beachway PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8521N and 8521S, as descrikej in Ordinance Number 91-!02, the Collier County Land Development Code, are hereby amended accordingly. SECTIO:~ TWO: Ordinance Number 90-45, known as Beachway adopted on June 5, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. £ECTION THREE: '~'"'~ .... ...... '~;: ...... '" This Ordinance shall .~ ~e' upon filing with the PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Coun[y, Florida, this __ day of 1999. BOARD OF COUNTY COMMISSIOMERS COLLIER COUNTY, FLORIDA BY: PAMELA S. Approved as to Form an~ LeTal Sufficiency Marjori& M. Student Assistant County Attorney COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG. VAN ASSENDERP & VARNADOE, P.A. g01 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 3410g November 5, 1998 EXHIBIT "A '° DATE FILED: DATE REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: 1998 TABLE OF CONTENTS 2 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOLF COURSE AND LAKES RESERVE GENEIL.XL DEVELOPMENT COMMITMENTS EXHIBIT "A' PUD MASTER PLAN SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 The purpose of this Section is to set forth the location and ownership ofthe property, and to describe the existing conditions of the property proposed to be developed under the project name of Collier Tract 21 Planned Unit Development. 1.2 LEGAl. DESCRIPTION PARCEL NO. I A PARCEL OF LAND LYING IN SECTION 21. TOWNSHIP 48 SOUTtt, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE SOUTIIEAST CORNER OF SAID SECT[ON 21; THENCE NORTH 89°$0'30'. WEST ALONG THE SOUTHERLY LINE OF TIlE SOUTHEAST QU,,\RTER (SE 1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTttERLY LINE NORTH 00°09'30, EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH A LINE I00.00 FEET NORTHERLY OF AND PARALLEL WITtt THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21; TI.IENCE NORTH fl9°$0'30', WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. i; THENCE NORTH 89050'30'~ WEST CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITIf TIlE EASTERLY LINE OF THE SOUTHWEST QUARTER (SWI/4) OF SAID SECTION 21; THENCE NORTIt 01032'23'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 88°27'37'' WEST FOR A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH TtIE SAID EASTERLY LINE OF THE SOU'I HWEST QUARTER (SWI/4) OF SECTION 21; THENCE NORTlt 01°32'2.3.. \VEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 890.00 FEET: TtIENCE LEAVING SAID EASTERLY LINE NORTII 89°5 I'48" \\rEST ALONG A LINE PAIL,\LLEL WITtf THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE AG£'"'~' ,~a. DEC I ,-~ 1998 EASTERLY LINE OF TIlE WEST ONE-IIALF (WI/2) OF TIlE SAID SOUTItWEST QUARTER (SWI/4) OF SECTION 21; TttENCE NORTtt 01 °52'47" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEET TO AN INTERSECTION WITH A LINE 399.71 FEET NORTIIERLY OF AND PAIb\LLEL \VITtt TIlE SOUTtlERLY LINE OF TIlE NORTIt ONE-ItALF (NIl2) OF TttE SOUTI t ()NEd tAL F (S I/2) OF TI tE NORTI IWEST QUARTER (NWl/4) OF THE SOUTI tWEST QUARTER (SWI/4) OF SAID SECTION 21; Tt tENCE SOUT]t 89°57'13'' WEST ALONG SAID PARALLEl. LINE FOR A DISTANCE OF 1304.52 FEET TO AN INTERSECTION WITtt A LINE 50.00 FEET EASTERLY OF AND I'ARALLEL WITII TIlE WESTERLY LINE OF SAID SECTION 21, SAID LINE BEING TIlE E ' :ASTERL'~ RIGHT-OF-WAY LINE OF COUNTY ROAD C-901: TttENCE NORTIt 02oi 3'17" \VEST ALONG SAID RIGItT-OF-WAY LINE FOR A DISTANCE OF 1473.46 FEET 'FO AN INTERSECTION WITI! A LINE 1752.45 FEET SOUTttERLY OF ,.\ND PAfLALLEI. WITIt THE NORTtIERLY LINE OF SAID SECTION 21: TIfENCE I.EAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTIt 89033'45'' EAST ,.\LONG SAID PAfb\LLEL LINE FOR A DISTANCE OF 1581~.$0 FEET TO AN INTERSECTION WITtl TIlE SOUTiIERLY LINE OF BULKHEAD LINE NO. 2 AS RECORDED IN PLAT BOOK I, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: TttENCE SOUTtl 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET TO A POINT OF CURVATURE; TttENCE SOUTHERLY. SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTItERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE NORTHERLY. HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 157°4Y50' FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE CURVATURE: TttENCE NORT! tERLY. NORTttEASTERLY. EASTERLY, AND SOUTIIEASTERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE. CONCAVE SOUTHEASTERLY, ttAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 124~ 16'03' FOR ,,\N ARC DISTANCE OF 1084.44 FEET TO A POINT OF TANGENCY; THENCE SOUTIt 53058'08" EAST FOR A DISTANCE OF 505.81 FEET TO AN N ' ~ [~ TERSECTION WITIt TI IE \VF. STERLY LINE OF LANDS DESCP, IBED IN OFFICIAL RECOP, DBOOK 1355. PAGE 1011. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; TttENCE SOUTtf 00°39'10'. EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1066.03 FEET TO TIlE SOUTItWEST CORNER OF SAID LANDS; THENCE NORTtt 89°20'50" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITIt THE WESTERLY LINE OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTtt 00°39'I0'' EAST ALONG SAID \VESTERLY LINE FOR A DISTANCE OF 60.00 FEET TO AN I ' ' NTERSECTION \VITIt THE SOUTItERLY I.INE OF SAID WALKERBILT ROAD: 2 'HfENCE NORTIt 89°20'50'' EAST ALONG SAID SOUTtlERLY LINE FOR A DISTANCE OF 600.21 FEET; TttENCE NORTIt 89°21'48- EAST CONTINUING ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 731.07 FEET TO TIlE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; . · TtlENCE SOUTtt 00°43'07'' EAST ALONG TIlE WESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET; TttENCE NORTtt 89o21'48" EAST ALONG TIlE SOUTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH TIlE WESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45); THENCE SOUTH 00°43'07" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET; TttENCE LEAVING SAID WESTERLY LINE SOUTIt 89°16'53" WEST FOR A DISTANCE OF 55.53 FEET TO A POINT OF CURVATURE: TttENCE NORTIt~VTSTERLY ALONG SAID C'URVE. CONCAVE NORTHEASTERLY, ItAVING A RADIUS OF 250.00 FEET. A CENTRAL ANGLE OF 62055'02'' FOR AN ARC DISTANCF OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE: THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTtt 89°50'30" WEST FOR A DISTANCE OF 154.92 FEET; THENCE SOUTH 00°09'30.' WEST FOR A DISTANCE OF 5.00 FEET; TttENCE NORTtt 89°50'30" WEST FOR A DISTANCE OF 801.92 FEET; THENCE SOUTH 00°42'02" EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT OF BEGINrNING; CONTAINING 244.233 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 2 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 soUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE NORTI lEAST COt~NER OF TIlE SOU'I ttEAST QUARTER (SE I/4) OF SAID SECTION 21; TttENCE SOUTH 89°50'41" WEST ALONG TIlE NORT} tERLY LINE OF SAID SOUTItEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00040'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WI'Itt TIlE NORTttERLY LINE OF WALKERBI LT ROAD, 'FI tE POINT OF BEGINN[NG OF THE I tEREIN DESCRI BED PARCEL NO. 2; 2 .o 3 OEO I ~'1998 122 2 TttENCE SOUTft 89'21'48" WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 356.00 FEET TO AN INTERSECTION WITIt A LINE PARALLEL WITtt TIlE WESTERI.Y RIGItT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ); THENCE LEAVING SAID NORTttERLY LINE NOR'Ill 00o40'47'' WEST ALONG SAID PARAI.LEL I.INE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITII TIIE SOUTI tERLY I.INE OF BULKI lEAD LINE NO. 3. AS RECORDED IN PI.AT BOOK I. I'AGE 16. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. BEING A POINT ()F INTERSECTION WITIf tX NON-TANGENT CURVE FROM \~,qllClt TIlE RADIUS I'OINT BEARS NORTtt 20°56'08'' EAST; THENCE EASTERLY ALONG SAID SOUTItERLY LINE AND ALONG SAID CURVE, CONCAVE NORTI tERLY, ItAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 53°03'24" FOR AN ARC DISTANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITIt A NON-TANGENT LINE WIIICIt IS PARALLEL WITIt TIlE AFORESAID WESTERLY RIGI IT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 o S. R 45); THENCE SOUTH 00o40'47" EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 630.00 FEET TO TI tE POINT OF BEGINNING; CONTAINING 4.790 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 3 A PARCEL OF I.AND LYING IN SECTION 21, TOWNSttlP 48 SOUTlt. RANGE 25 EAST, COLLIER COUNTY. FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED ..\S FOLLOWS' COMMENCING AT TI IE SOUTI lEAST CORNER OF SAID SECTION 21; 'FItENCE NORTI I 89°50'30" WEST ,\ LONG TI IE SOUTt tER[.Y LINE OF TIlE SOUTIIEAST QUARTER (SE I/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; TI tENCE LEAVING SAID SOUTIIERLY LINE NOR'FIt 00°09'30" EAST FOR A DISTANCE OF 100.00 FEET TO AN INTERS ECTION WITI t A LINE 100.00 FEET NORTIIERLY OF AND PARALLEL WITH TIlE SAID SOUTItERI.Y I.INE OF TIlE SOUTHEAST QUARTER (SEI/4) OF SECTION 21, TIlE POINT OF BEGINNING OF TIlE IIEREIN DESCRIBED PARCEL NO. 1; TItENCE NORTtl 89z50'30'' WEST ALONG SAID PARAI. LEL LINE FOR A DISTANCE OF 401.04 FEET; TIfENCE LEAVING SAID PAILALLEL LINE NORTI! 00o42'02.. WEST FOR A DISTANCE OF 1210.87 FEET; TttENCE SOUTtt 89°50'30'' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTtt 00009'30" EAST FOR A DISTANCE OF 5.00 FEET; TIfENCE SOUTtt 89°50'30'' EAST FOR A DISTANCE OF 154.92 FEET: 'FttENCE NOR'I'll 00°09'30" EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION WITtt A NON-TANGENT CURVE FROM WItlCIt TIlE RADIUS POINT [lEARS NORTtt 62°11'56" EAST; TttENCE SOUTHEASTERLY ALON~! ~XlD CUR¥£, CONCAVE NORTIIEASTERLY. ItAVlNG A Ib\DIUS OF 250.00 FEET;~ CENTRAL~ANGLE OF 62°$$'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANOENC¥; THENCE NORTt ! 89° 16'53" EAST FOR A DISTANCE OF 55.53 FEET: THENCE SOUTH 00043'07.. EAST FOR A DISTANCE OF 505.08 FEET: TItENCE NORTIt g9°$0'30" WEST FOR A DISTANCE OF 442.82 FEET TItENCE SOUTfl 45°09'30'' WEST FOR A DISTANCE OF 151.26 FEET' THENCE SOUTtt 00°09'30.. WEST FOR A DISTANCE OF I00.00 FEET' THENCE SOUTH 45~09'30" WEST FOR A DISTANCE OF 200.00 FEET' THENCE SOUTII 00009'30.. WEST FOR A DISTANCE OF 390.00 FEET' THENCE SOUTIt 45°09'30" WEST FOR A DISTANCE OF 190.00 FEET THENCE SOUTIt 00~09'30'' WEST FOR A DISTANCE OF 33g.00 FEET TO TIlE POINT OF BEGINNING: CONT..\INiNG i8.415 ..\CRES OF I.ANI). MORE OR SUBJECT TO F-.X.SF. MENTS AND RESTRICTIONS OF RECORD. 1.3 1.4 PROPERTY OWNERSttlP The subject property is currently ov,'ned by Collier Development Corporation, 3003 Tamiami Trail North. Naples, Florida 34103,.i ' GENERAL DESCRIPTIONS OF TIlE PROPERTY Ao The project site is located betv,'een U.S. 41 on the eastern border and Vanderbilt Drive on the western border, lying norlh of I ! l th Ave. and south of the Coeohatchee River. ' Thwzoning classification of the subject property prior to the date of this approved PUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 P[tYSIC:\ L DESCRIPTION The project site is a mixture of range land. upland forests, barren land and wetlands. wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to I 0.0 feet with the highest elevations on the southeast Comer of the property which from there slopes downward to the northwest and the river. The soils are a species of fine sands (Arzell. Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. 2 1.6 .STATEMENT OF CONSISTENCY WITII TI tE GROWTIt MANAGEMEN'I' PLAN The development of Collier Tract 21 as a Planned Unit Development is consistent with the planning goals, objectives and policies of Collier County's Grov,'th Management Plan and complies with pertinent implementing ordinances. This PUD represents a reduction of density, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance No. 90-45 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be within the ActMty Center by virtue of the Activity Center 75% Rule ofthe Future Land Use Element. and is. therefore, consistent with file Growth Management PIan. Tract "C" is a portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center. which is legally described in Section: i.2 of the PUD document. :~ Consistency with the goal requiring well planned and compatible land uses and objectives which establish density levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design with useable open space. 1.7 St[ORT TITLE This Ordinance shall be known and cited as the Collier Tract 21 P.U.D. 1998 2.1 PROJECT DEVELOPMENT REQUIREMENTS 12B 2 PURPOSI! 1-he purpose of this Section is to delineate and generally describe thc project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as ',','ell as other project relationships. 2.2 GENERAL Regulations for development ofthe Collier Tract 21 PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and pans of the Collier Count2,' Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for thc development of the Collier Tract 21 PUD shall become part ofthe regulations which govern the manner in which the PUD site may be developed. Do Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions ofthose regulations not otherwise provided for in this PUD remain in full force and effect. Development pemfittcd by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval. Final Plat approval, or building permit issuance applicable to this development. County open space requirements for the Collier Tract 21 PUD are deemed satisfied by the golf course, and no separate open space requirements shall be applied to the Commercial Tract. AG E N DA,,j ~,~2,r.. ~" DEC I,,..6'1998 2.3 i)ESCRIP'FION OF PROJECT PLAN AND PROPOSED LAND USES Ao 121t The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be four (4) land use parcels. The master plan also includes water management systems. The project parcels vdil be grouped according to the following land use categories: "G": Golf course,+170.5 acres "C': Commercial, 50,000 square feet of gross leasable area/one hundred (I00) hotel or motel rooms. -'-3.4 acres "I.' Lake, +29 acres "RS": Reserve. -.*-64.5 acres TOTAL +267.4 acres In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the property, as may be necessary.. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 2 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherurise provided within this PUD Document, any division of the property and the development o fthe land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. Bo Thc provisions of DMsion 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. DEC / Z' 1998 2.5 2.6 Appropriate instruments will be provided at the time o finfrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments ma>' be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Prior to the recording of any Record Plats. final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Ma.stet Plan. the Count.',' Subdivision Regulations and the platting laws of thc State of Florida. LANDSCAPE BUFFER There shall be a 15 foot vegetative buffer provided along U.S. 41, 1 ! lth Avenue North, Walkerbilt Road and _Vanderbilt Drive at the project boundaries. Within this buffer, project landscaping and perimeter treatments provided in Section 6. I5 of this Pt/D, including a combination of walls or fences and bern~ up to 14 feet in height, no more than 8 feet of which may be ',,,'all or fence, shall be allowed. Ifa parallel road is constructed along U.S. 4 I, there shall be no separate or additional landscape buffer requirements applied to said parallel road. 2 BEC I 1998 3.1 3.2 12B SECTION Iii COMMERCIAL PURPOSE The purpose of this section is to developed on Exhibit "A" as MAXIMUM SQUARE FOOTAGE development standards for the area to be A maximum orS0,000 square fcct of gross leasable area may be constructed on Tract "C". Ifa hotel with accessory, uses is developed on Tract "C", the maximum square footage shall be reduced by 225 square feet for every hotel room, 2 3.3 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or parL for other than the following: A. Principal Uses All uses allowed as permitted and conditional uses in the C-3 zoning district as o f the e ffectis'e date of the Collier Tract 21 PUD ordinance, Hotels and motels n6t t~ ~xceed 100 units. Any uses permitted on GolfCourse and Lake Tra~ts. ~: 4o Any other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible with the intent of this PUD district. B. Accessory Uses Customary accessory uses including meeting rooms and sit down restaurant for hotel and motel. 10 3.4 Eo Go fi. DEVELOPMENT STANDARDS Genera [: All yards and setbacks shall be in relation to individual parcel boundaries. Minimum Lot Area: I 0,000 square feet. Minimum Lot Width: 75 feet D. Minimum Yards: Front yard: 25 feet; 30 feet on U.S. 41 plus 5 feet for each story in excess ofone story. Side yard: 15 feet. Rear yard: 15 feet. An>' yard abutting a residential parcel: 2.5 feet. Minimum Floor Areas: 700 square feet. Off-Street Parking ,and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. Maximum tteight: I. Principal and accessory, structures. 50 feet. Access: Motor vehicle access to Tract C, which shall also serve as the access to the golf course and club house, shall be limited to one access point on U.S. 41 that lines up with the northern entrance to Riverchase Shopping Center. This common access point will be signalized by the State of Florida Department of Transportation CFDOT") pursuant to a separate agreement with Collier Development Corporation for the widening of U.S. 41. I1 ~° DEC /[ 1998 4.1 SECTION IV GOLF COURSE AND LAKES PURPOSE i:,~, The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A" ms Tracts "G" Golf Course and Tracts "L" Lake. 2 4.2 USES P F-RM ITTF. D No building or structure, or part thereof, shall be erected, altered or used. or land or water used. ira whole or in part. for other than the following: ,'\. Pcrmiued Principal Uses and Structures Golfcourses. biking, hiking, canoeing, and nature trails, bridges, boardwalks. ovcrlooks, and all uses permitted in the Rescn'e Area Tract. Parks. tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and an), other community neighborhood recreational facilities. 3, Community recreation center buildings, recreational shelters, gazebos. clubhouse, restrooms, and wildlife sanctuary/management areas. Water Management and essential services facilities, landscape buffers, berms, and walls or fences and any other perimeter treatments as provided in Section 6.15 of this PUD. o Any other rccreational and open space activity or use which is similar in nature with the foregoing uses and which the Planning Services Director determines to be compatible with the intent of this PUD district. 6. Gates and gatehouscs. 7. Child care centers, ifauthorized by Members. Utility facilities including a reverse osmosis facility or similar facility used to treat and/or produce water for irrigation of the golf course, golf course maintenance and golf cart storage facilities. Sales Center for golf course memberships. AG'''~ DEC / ff' 1998 4.3 Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in this district, provided that the clubhouse building shall not exceed 60,000 square feet. 2. Essential scrviccs and facilities, including irrigation pumphouses and facilities. Caretakers residence. 4. Sales offices/centers and property management offices. 5. Temporary construction office. : ~ ,i~3: i;.., DEVELOPMENT STANDARDS ~ B. E. F. G. I{. I. 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 as determined by site development plan regulations. Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way, and fifteen ( i 5) feet from any property lines. Unless otherwise specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. I.ighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Maximum height of structures: Fifty (50) feet. Minimum distance between principal structures: Fifteen (15) feet. Setback from lakes: Twenty (20) feet. Minimum standards for parking, landscaping and righting, shall be in accordance with applicable Collier County regulations in effect at the time of site development plan approval. The Golf Course and Lake Tracts need not be platted. The Golf Course Tract lying north of Walkerbilt Road shall be subject to the following standards if any structures are constructed thereon: 13 '° ' ~EC / ,.4' 7998 2 Masonry wall or similar pre-fabricated ,,,,'all at least 8 feet in height along the east and west property lines and set back at least 10 feet from said properly lines. Within said east and west ,. $, canopy trees at least 12 feet in height (25) 'feet On eenler. Along the south property line, eXeep! for any driveway, a fifteen (15) landscape strip shall be installed to provide a 100% opacity rating within one ( 1 ) year of' installation. 14 DEC i~ 1998, 5.1 5.2 SECTION V 12B RESERVE AREA PURPOSE Reserve Area - The purpose is to preserve and protect vegetation in its natural state and allow limited recreational uses subject to receipt ofappropriate permits. It is designated Tract "RS" Reserve on Exhibit "A." USES PERMITTED No building or structure or part there'o£, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses I. Open spaces/nature preserves~golfcart tee boxes and gol fcourse bridges and paths. Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. Passive recreation: hiking trails, boardwalks, overlooks. 2 15 ~EC /~ 1998 6.1 SECTION VI GENERAL COMMITMENTS PURPOSE The purpose of this Section is to set forth the general commitments for development oflhe project. 2 6.2 6.3 6.4 P.U.D. MASTER PLAN All facilities shall be constructed in accordance v,'ith final site development plans, final subdMsion plans and all applicable state and local laws, codes and regulations in effect on the effective date of the Collier Tract 21 PUD except ',,,'here specifically noted. .'\. The PUD ,Master Plan (Exhibit "A") is an illustrative preliminary development plan. irS. The design criteria and layout illustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. C. Master Plan design changes shall be permitted ~ provided in Section 2.7.3.5 of the Land Development D. Ali 0r~, or other instruments shall be granted to insure the continued operation and maintenance ofall .service utilities. E. Agreements. provisions, or covenants which govern the use, maintenance and continued protection of the PUD and common areas. ',,,'ill be provided. SOLII) WASTE DISPOSAL An agreement between thc Developer and thc approved v;aste disposal service shall be catered into in order to provide for solid v,'aste collection sen'ice to all areas of the project. TI:L'NNS PORTATION Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive, Avenue and \Valkcrbilt Road. 16 3£C / 5" 1998 6.5 6.6 12B 2 D. Prior to or at the time of completion of construction of the last of the Commercial Tract or (iolfCoursc Tracts. the Developer shall provide street lighting at thc project entrance, but lighting shall not be required for maintenance/sen, ice driveways. [f gate houses are to be used. they shall be located so as not to cause entering vehicles to be backed up onto an.,,' State or County road. Road impact fees shall be in accordance with the schedule contained in Ordinance 92-22. or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. WATER MANAGEMENT A. Detailed site drainage plans shall be Submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance v, ith the submitted plans is granted by Engineering Review Sen'ices. ' Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier Count.,,' Land Development Code. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. A Conceptual permit from South Florida Water Marmgement District or, a copy of the permit application ',,,4th supporting information submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Petitioner shall provide evidence by appropriate computer modeling and profile plotting that the existing hydraulic grade line of the Naples Park North Drainage Basin Outfatl north of Ill'~ Avenue will not significantly impacted by the installation of the culvert pipes and lake system in the proposed modified Basin Out fall across this proposed gol£course project. ENVIRONMENTAL tN. Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and Preservation of the Land Development Code. A site clearing plan shall be submitted to Current Planning Environmental staff for their review and approval prior to any substm~tial work on the site. This plan ma.,,' be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical A G F N 0 ~,..l*~,,~ ~ DEC ~ ~ 1998 [3. D. Eo ].2.8 and how roads, buildings, lakes, parking lots. and other thcilitics have been oriented to accommodate this goal. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan for the commercial tract will be submitted to Current Planning Environmental staff for their review and their approval. This plan will depict the incorporation ofnative species and their mix ~vith other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or duc to past activities. ..\11 exotic plants, as &fined in the Count>' Code. shall be removed during each phase {~t' construction from development areas, open space areas, and preserve areas. Followintz site development, a maintenance program shall be ~mplemented to prevent re-mvasmn of the site by such exotic species. This plan, which will describe control techniques and inspection inten'als, shall be filed with and approved bv the Current Planning Environmental staff. ' Pursuant to Section 2.2.25.8. ! of the Land Development Code. if, during the course o fsite cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Any future proposed dock construction shall comply with the Florida Department of Environmental Protection fDEP)/Collier County Manatee Protection Plan. If turkey oaks arc discovcrcd during tree removal permitting, they shall be transplanted to the upland prcscrYe areas or utilized in project landscaping. I!nvironmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ER.P) rules and regulations, as well as thc U.S. ..\rmy Corps of Engineers ,6404 Permitting Program. Removal of exotic vegetation shall not be the sole means ofmitigation for impacts to Colhcr County jurisdictional we tl and s. All conscn'ation shall be recorded on an.,,' required plats with protective covenants per or similar to §704.06, Florida Statutes. In the event platting is not required. conservation easements shall be recorded for such areas, subject to uses and limitations similar to or per ~ Section 704.06. Conservation areas shall be maintained by the golfclub, and these areas shall be dedicated to Collier County on plats or easements, as applicable, with no responsibility for maintenance. 18 i "° 3EC /.(1998 128 Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided with copies of U.S. Army Corps of Engineers permits prior to an.,,' construction occurring in jurisdictional areas addressed by such permits. ConstruCtion or earl), work permits from the South Florida Water Management District shall be presented prior to Final Silc Plar~-/Construction Plan approval. Petitioner shall coordinate protected wildlife species issues through the ERP and CORPS §404 permit review process and comply v, ith the guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida Game and Freshwater Fish Commi.~ion. i Where a protected species occur on site, a Habitat Management Plan for thO~ Plo?ired species shall be submitted to Current P ' and Environmental $~:'.!£0r!::';,,,g ..... ,- . ianmng I,lan/ConstructionplanapprO~,al..~?""~" ana:;appro'mt prior to Final S~te 6.7 FIRE PROTECTION lt~c project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with regulations in effect at the time of construction. 6.8 ENGINEERING AND UTILITIES \Vork within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. ' Co D. \\'ater distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to scn'e the project are to be designed, constructed. conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting tO'the water distribution and se'.vage collection facilities to be constructed ','.'ill be customers of the County and ','.'ill be billed by the County in accordance with the County's established rates. Construction drawings, technical specifications and all pertinent design information shall be submitted, in accordance with Collier County Ordinance 97-17 or amendments thereto, and shall be approved prior to the issuance of development construction approval. 19 DEC /5" 1998 6.9 DI;VELOPMENT SEQUENCE AND SCHEDULE The property is to be developed over an estimated 4 year time period. This projection of project development is no more than an estimate based on current marketing knowledge. Thc estimate ma)' change depending upon future economic factors. 0.10 [:-.'\ S I'LM ENTS F. ascmcnts shall be provided for water management areas, utilities and Other purposes as required. 6. I I I.,,\KE SITING As depicIed on the P.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project, to permit optimum use of the land. and to increase the efficiency of the water management network. Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced ~ith the approval of the authorized County official. Fill material from the lakes are plaaned to be utilized within the project, ltowever, excess ifil material, up to 10% ofthe total ora maximum of 20,000 cubic yards may be removed and utilized off'- site subject to the requirement of Ordinance No. 88-26, incIuding but not limited to traffic impact fees, etc. Removal ofmatefial in excess of 10% oftotal or maximum of 20,000 cubic yards must meet the requirements ora commercial excavation per Ordinance No. 88-26. To assure si~e specificity, construction plans must be submitted with excavation permit submittal. 6.12 SIGNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, subdMsion and entrance signs for the project to complimcnt the intended development themes and architectural styles. Project identification signs shall be allowed at thc principal project entrances to the PUD at U.S. 41. These may not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the names ofthe planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed one project entrance sign, not to exceed an area ofeighty (80) square feet and a height often (I0) feet above the established grade. 2O DEC / K 1998 12B 2 Utiliz,ation of the put~lic rights-of-way ibr landscaping decorative entrance ways. auld signagc shall be reviewed and approved hv the Transportation Director prior to an,,,' installations. 6.1'; ESSENTIAL SI~RVICES Essential sen'ices as defined in Land Development Code Section as permitted or conditional uses are considered as an acceptable permitted use in all land use categories within the project. 6.14 ROADS The entrance to tile golf course club shall be a driveway and shall not be subject to tile provisions of l,and Development Code Section 3.2. Roads within tile commercial tract or'the development ma)' be either public or private roads. depending on location, capacity, and design. Gating and/or gatehouscs ma.,,' be located on drive,.vavs or private roads only. 6.15 PERIMETER 'IREATMENTS The perimeter or'the project is intended to be buffered/screened from adjacent properties and rights-of-way by combination of any or all of the following; vegetative buffers, berms, walls. fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated within the perimeter treatment and that this PUD document's setback and height restrictions shall be waived on these architectural elements, subject to review and approval of the Engineering Review Services for line-of-sight traffic requirements. The buffering/screening of the perimeter ofthe project shall be ofsuch design that it v, ill allow the runoffto flow as designed by the water management system. I' USI:RS I.ANA wes ~1 (.'~flON 2I PUD RI.V I Itl! ~p,l November 5. V~g 21 ~L2~ 2 .~r~-s..~.~) ¥)UvOE:~T Naples Daily News ~lapLes, rL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY CO, HISS[ONE,S ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-~O16 REFERENCE: 001230 001-156310-64 57843584 95-67 NOTICE OF INTE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, ~ 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 s period of 1 year next precedir~g 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. PUaL[SHEO ON: 03/12 AD SPACE: 111.000 INCH FILED ON: 03/12/99 Signature of Affiant 95-67 HOTICE OF TO CONSIDEI~ D~DINANCE thor on TUESDAY, ~ARCH 23, I~, in ~e Admlnl~ff~n Build T~l~i Troll, N~le% FI~I~, fha ~rd of County Commissioners The ~e ~ ~ pr~sed AN ORDINANCE A~ENDING COLLIE~ C~NTY ~DINANCE NO. ~-~1 TO CHANGE THE CO~POSITIOtl OF THE COUNT Y'S PARKS AND RECrEA- TION ADVISOP Y BOARD BY DELETING THE SEAT WITHI~ THE ~ARCO ISLANO PARK DIS- TRICT AND INCREAS- OF SEATS WITHIF~ THE NAPLES A~ID BAN APEA PA~K TRICT* PROVIDI~G ~ABIL~TY' VIOING A~ ~FFEC. TI~ ~A TE. C~J~ of the pr~ed ~e CI~ to the B~d ~ ~d. NOTE: ~11 person~ ~lng to ~ on mintstrotor PRIO~ ~ ~em fo ~ ~dres~d ~ flm~d to 5 mi~es ~ ~V ~em. The ~elecfl~ of r~zed by ~e C~lr- Persons wishing to ~loIs included In ~e B~d ogendo pockets ~ minimum of 3 weeks prior to ~e ~e~ecflve public heorinq. In any cose, ~iffen ~ert~s te~ to ~ c~idered C~ St~ O mtntmt~m of seven ~vs ~i~ to the ~f~e ~e ~rd win ~- come o ~rmone~ ~d of ~e raced. e5 to ~eol a ~cisi~. of t~e B~d wilt ~eed o ccrd ~ t~e pr~eedtn~ oe~oinin~ t~ereto and raced ~ the ~ m~, which raced BOARD OF COUNTY COMMISSION[R 5 COLLIER COUNTY, FLOR~A PAMELA S. MAC'KIE, ~A~WO~N DWIGHT E. BROCK, CL~K COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IlEARINGS To: Clerk to thc Board: Plca.~ place tile follo~ving as a: ~ Normal legal Advcrlisemcm [] Olbcr: (Display Adv., location, crc.) 12C 1 Originating Dcpt.' D~v: Parks and Recreation / Public Scr,.'iccs Pcr~n' John Dtmrmck Dale: Petition No ~If none. g~c bncfdcscnpuon~ Pro~d Ordinance amcndmcm ~o Ord ')~-Xl. an ordinance cs~ablislung Iht l'arks and Recreation Adv~- Board ' Petitioner: (Name & Addrcss~ Name & Address of any pcrsmusl ~obc nouficd by Clerk's Office (If more space is needed, auach scparmc shcczl H~hng ~forc xxx BCC EZA Olhcr Ne~sspa~nsl ~o ~ u~d tComplele only lflm~an~l ~ Naples Daffy Ne~s ~ Olher ~ Legalb Rcqmrcd Pro~d Text: t lnclude legal dcscripuon & common I~:mon & SWc Text includes ~t~c pro~scd ordHlallCg :HHcndHlcHI Compamon~lmoms). ~fanx ~prol~dhearmgdat: Docs Pctmon Fcc include ad', cnlsmg cost" ~ Yes 156310 ~ No IfYcs. v, hat deco,Iht should tx: charged for advcimsmg COSlS Rcviev, ed bx' Approved bx :, Di,.isi Dam Courtly .".lanagcr Dale Lisl Auachmems: Cop.'.' of (2) possible ordinance amendments Please advertise both as BCC will chtx~se one :u hearing on 3/23/9') DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating per.~m to complete one co)' and obtain Division llead apl}royal before submitting to Count.,,' Manager. Note: If legal document is invoh'ed, be sure thai any neccssar-v legal reviews, or request for same, is suhmitted to Count)' Attorney before submitting to County Manager. The M;mage~-'s office will distribute copies: ' [] Count)' Manager agenda file: to Clerk's Office [] Requesting Dis'ision [] Original B. Other hearings: Initiating D~vision head Io approve and submit original to Clcrk's OFfice. rclmmng a cop5' for file. FOR CLERK'S OFFICE USE ONLY: Dale Rccc:;'ed: '~ !~t q"/ TO: PAM PERRELL NAPLES DAILY 263-4703 CG~MENTS: LISA STEELE FAX NO: (94,1) 774-84,08 PHONE 1~: (941) 774-8406 120 I March !, 1939 MS. Pam Pe ~ Naples Dai~'' News 1075 Central Avenue Naples, Florida 34102 Re: Amendin9 Ordinance 93-81 regarding establishing the Parks and Recreation Advisory Board Dear Pam: Please advertise the above referenced notice one time on Friday, March 12, 1999, and kindl}' send the Affidavit of Publication, in duplicate, together 'with charges involved to this office. Thank 'you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-1563t0-649i10 NOTICE OF iNTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MARCH 23, 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 A~4ENDING COLLIER COUNTY ORDINANCE NO. 93-81 TO CHANGE THE COMPOSITION OF THE COUNTY'S PARKS AND RECREATION ADVISORY BOARD BY DELETING THE SEAT FROM WITHIN THE MARCO ISLAND PARK DISTRICT AND INCREASING FROM FIVE (5) TO SIX (6) THE NUMBER OF SEATS WITHIN THE NAPLES AND URBAN AREA PARK DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN 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 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 testimon>' and evidence upon which the appeal is based. BOARD OF CON:iT COMMISSIONERS COLLIER CO~.~TY, FLORIDA PAMELA S. MAC'K!E, CHAIRWOMJ~24 DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk 12C 1 ( SEAL ) ()RI)INAN(~I'.' NO. 99- .\N ()RI)IN.\N('E AMENDIN(; OIII)IN:XNCI.~ NO. 93-,~I T() ('IIAN(;E TIlE COMPOSI'I*ION OF TIlE ('()t' N'I'5 'S I'..',,. I{ I~ S AND i.t I.]('1~!{ ATI () N \I)\'IS()I/'~ ll():\lil) Ii5' I)I{I.ETINC Tlll.] I:ll()\l \\'ITIIIN TIlE .MARCO ISI,.\ND P..\lll< I)lS I'P,I('/ ..\NI) INCii, EASING l:ll().\l FIVE (5)T() SIX 16) TIlE Nt*.MBER OF SEATS \VITIIIN *I'IIE \ \I'I,E.% .\Ni) I'RBAN AI/E..\ I'..\l,~l( I)IS*i'IIlCT; I'I~()\'II)IN(; FOIl CON H.I("I' ,\NI) >;I.~\'l.]ll.\illl.IJ'V; PllOVll)IN(; ..\N I.~I:I:I.]('TIVE I) \~ III.;I,~I.:.\S. (,,llicr (.'t~unt; ()rdinancc .'\'t,. ').';-~1 requires th;~t ~ 1~ :::,':,.:!,c:' ,,1' th,.. -,c,. cn !7~ member Parks arm lb,:c:'cati,m ..',.ti,. i,,or,. )-~_. .:;-;,,,inz~:d I'r~,m within thc geographic area .,l' thc ,,::': ,:.i'.,. l'x:':. !)}',tr],.'t: 4nd .SECTION TWO. Conflic a ve bilitv. In the cxent that this Ordinance conflicts with any other ordinance of Cdlicr ('~,tmtx ~r other applicable law, the more restrictive shall apply. 1t' un) phru~c ~,r p,~rti~n d' this ()rdinance is held invalid ~r unconstitutional hv ~111~, O*~ll'l t~l' o,mpctcnt jurisdiction, such portion shall t~c deemed a separate. dis:h:c'..md Judcpcndcnt proxision and such holding shall not afl,ct thc ',ulid[;,, ,,t' thc rcnluJ/lin~ l~ortions. NE("I'I()N Tlll~l{l{. F. ffcctixe Date. Ihi.. ()rdimmcc sl~;~lt be efl'eclJve upon tiling x~.ith thc Department ..\ I'11:~ I' I)\\ J(ill'l 1-.. lll/()('K. ¢'Ic:'k .'\I~[~I'~:~ cd ;tx h: I]:I'111 ;_ind I c'.4-'u 1 hL:I'IiCiC:~O.: 'I h,:nfu,, (" BOARD OF COUNTY COMMISSI()NI.;R.'q COI.LIER COUNTY. I.'I.OP, II)A PAMELA S..MAC'KIf.:. ('11AIR\VOMAN ".\, :rd~ ',!rl~!c_"lljj]l_c_',..J ;u'c' uddcd: \Vords ..s',r-t~dH. hr,,,ugh arc deleted. Naples DaiLy News NapLes, rL 3~102 Affidavit of Publication Naples Daily Nays BOARD OF COUNTY COMmiSSIOn(ERS ATTN: TOHYA PHILLIPS PO BOX 4q3016 NAPLES FL 34101-5016 REFERENCE: 001230 0(]1-156310-64 578/.3576 ~3-8i )~OTICE Or INTE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, e daily newspaper published at Naples, In Collier County, Florida: that the attached copy of Advertising was published in said newspaper o~ dates listed. Affiant further says that the said Naples Daily Nays is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication 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: 03/12 AD SPACE: 111.0(X} INCH FILED ON: 03/12/99 ................................................. · ........................... Signature of Affiant Sworn to and Subscribed before me this !~',~ day of ~ 19C~q Personally knovn by me ' ~ ' Y' NOI'ICE (Xc INTENT TO Notice Is hereby glve~ thaton TUESDAY, N~RCH 2'l, 1~, In ~ ~. ~d FI~. ~ C~ 3~1 E~ r~. ~ ~d C~ Commlsslo~r s ~e ~ 9~ A.~. AN O~DINANCE AMENDING C~LIE~ C~NTY ~ DINANCE NO. 93~. T~ COUN. TY'~ PA~KS AND RECREATION AOVI- 5~Y ~ARD ~DI- N A N C E~ B Y ~NATING THAT O~ ~A~ ~ ~OM ~N ~ OTY ~ ~CO I~A~, ~ (1) ~T ~ F~OM N~E[ A~ ~T ~ ~A? ~ ~OM ~N ~ CITY ~ EVERGLADES' ~O- VIOING FOR' CON- FLICT AND ~ITY~ ~O- V~ING AN EFFEC- T~D&~. ~e ~e ~ f~ ~ ~e ~1~ ~ ~. ~e ~v~ed ~ ~nd ~ NOTE: Ail persons ~ ~m ~t r~- ~ ~ ~e C~ ~ mlfllskator PRIOR to N Nme ~ S m~ ~ r~z~ by ~- Persons wishing to ~d ~ ~ket~ ~t ~H ~d ~ ~ ~ ~ re~e ~ ~ 0 ~ ~. ~h ~d ~ BOARD OF COUNTY COLLIER COUNTY, FL~OA PAMELA S. MAC'KIE, ~A~WO~N DWIGHT e. ~OCK, CLERK ~c~ 12 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: [] Normal lcgal Advcniscmcnt (Display Adv.. location, etc.) [] Olher: Originating Dept/Div Parks and Recreation / Public Services Person John DullntJck Date: 2/I~/,~9 Petition No. <If none. give brief dcseriplion): Proposed Ordinance amendment Io Ord 9~-81 an ordinance establishing the Parks and Recreation Advisor>. Board ' ' - Petitioner; (Name & Addressl Name & Address orany person(s)Io bc not~fied b.', Clerk's Office (If more space ~s needed ill:ich ~c[);ir;llC ~hccl) H~nng ~forc xxx ECC ~ZA Other Ncx~spa~r~s~ to & u~d: (Complete onl5 ~ Naples D:ni~ Ncx~s ~ Other ~ Lcgall5 Rcqmrcd Pro~d Texl; (include legal description & common I~almn & Size Tcxl includes Ibc pro~d ordinance ;.ncndmc.t Compamon ~l~l~on(s L ff :ins & pro.sod hearing D~s PcUtion Fcc include advemsmg cost'? ~ Yes ~ No If Yes. xshat acco.st should ~ charged for adxcmsmg 156310 Reviewcd by: ~ Date List Attachments Cop.,,' of (2) possible ordinance amendments Approvcd by County Manager Please advcrllS~ Ix)Ih ;Is BCC :~,l]l choo~ one DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiatinlll person to complcfe one cn.~ and obtain l)isi.,,h;n llead apl)rOv;fi before submiltln~ to Count.,,' ,'Hana~cr. Nutc: If legal document is in',oh'ed, bc sure lhal ass n¢cc.~ar)' lel~al rcsicss, .r rcquc.'q for same. is submitted to Counr,' Attorney heft)re sul)mittinll to Crmntv Mana~,cr. Th'c ,Manal~cr's o~cc ssill distribute copies: · [] Count)' Manager agenda file: to [] Rcquc~,tini~ Disisi.n [] Original Clerk's Office B. Olhcr hcanngs: lniliating Dlx~sion head to approxc and submit original to Clerk's niece, rctammg :l copy fi)r lilt FOR CLERK'S OFFICE USE O,~L¥: PAM PERRELL ~~: NAPLES j~ ~ ~O: 263-4703 /! LISA STEELE 12g 1 Hatch t, i9}9 Ms. Pam Perreil Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance 93-81 regarding establishing the Parks and Recreation Advisory Board Dear Pam: Please advertise the above referenced notice one time on Friday, March 12, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa £tee'e Deputy Clerk Purchase :~o. 001-156310-649110 .~.~_+_~-~..O_~__IJ~,, ~ raNT TO CONSIDER Notice fs h,--rebl.' -uiven that on I.UE.S__DA__y, __M~_.RCH 23, 1999, in the Board.'ocm. ]:-d Floor', Administration Building, Collier County Government Tenter. ]301 East Tamiami Trail, Naples, Florida, the Board of Count'.' Commissioners will consider the enactm,~nt of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: D2~ ORDINAl;CE AMENDING COLLIER COUNTY ORDiNAKCE NO. 93-81, THE COUNTY'S PARKS DdqD RECREATION ADVISORY BOARD ORDINANCE, B'.' DESIGNATING THAT ONE SEAT BE FROM WITHIN THE CITY OF MARCO fSI,AND, ONE (1) SEAT BE FROM WITHIN THE CITY OF NAPLES, AND THAT ONE SEAT BE FROM WITHIN THE CITY OF EVERGLADES; PROVIDING FOR CONFLICT AND SEVEP. ABILTY; PROVIDING D2~ EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties invited to attend and be heard. NOTE: Ail !:e:'so::s wishing to speak on an}' agend~ item must register 'with the ~o .... ..... ':' administrator p~_%o__r to presentation of the agenda it~m to be addressed, individual speakers 'wi'l be ~imited to % minutes on an,:' item. The selection of an indi'.'idua' tc speak on be~.~if of an speak on az ~ - ex'. 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 he considered by the Board shall be submitted to the appropriate Count?' staff a minimum of seven days prior to the public hearing. Ali material used in presentations before the Board will become a permanent part of the record. Any person '...'ho decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and there~ore, 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 CO~:T':' COMMISSIONERS COLLIER CO~;T':'. FLORIDA PA~MELA S. ~,,~"' ~ ' K- Fi CHAiRWOM;C~ DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk 12C 1 (SEAL) ()RI)INANC'I.~ NO. 99 - \N ()I~I)INANCE AMENDING OI~I)IN,.\N('I.] N(). 93-81, TIII'] COUNTY'S P.A I(.I(S .,\ND I,~I']('I,tI'Z&'I'I{)N :\DVISOIIY IIOARI) ORDIN,.\N('I,~, I~",' I)I.L'qI(;N/tTING TIIAT ONE .%I.]:\T lie Fl,t¢),Xl \\'lTl II N TI I1.~ CI'I"Y ()F M,'.,II(~() INI,..\N i), ()NI.~ ( I ) ~1.i \q lie I:I{()NI WITIIIN TIII.~ ¢'1T5' (}F N..\I'I,I.L";, \\1) '111..\T ()NE SE:',,T lie 1:1,',()51 Vs'ITIIIN TIIlq ('lq'%' ()1.' I';%'I']II(';I,..\I)ES; I'R{)%'il}IN(i ('()NI:I,I("I' .\NI) SEVI.]I{..\I~li,I'I'%': I)I{OVII}IN(/ .\N I';I:I.'I.;('TIVI.; i)..~.TI.]. \\ IIi';l,tl.:.\S. ('~llicr ('ount.,. ()rdinancc N~. ,').~-,X'l provide,,, li,r ;, .',c`. un ~ 7 ~ member I'm'ks and Recreation Advisor) l~,o¢~rd: and \\'111';1.ll.;.~..%, ('otmt.x's Parks and Recreation ..',,tt,,i.$~w`. Ih~ald ha~, .c~q,,¢.,' ..... -.,.'.,.,,~ :}l;;t t!1C [,*l;.tl nLimJ'~cr oJ' sc;Its olI thc ..\d`. ',~r'. Ih,;H'd rcm;lin l,i.::;,! ( ,,:;~::tmit`. IMrk l)i~,t:'ict bc re-designated t~ bc "l'r,,m within thc ('it,. '.he ( i:'. ,,r' ~..F .'.-~' ;~l:,.t th;~t ,,nc (I) c.xi.~ting scm bc ,..Ic,,i?;tl,.:d l'rom '",,.ithin ti;c('i:'.,,:' xc'gl~tdc>"' ,.~,.¢ \\111.;I,',1.;..\.',;, thc I:lo:trd of Count,, ¢'ommi',.',ioncrs accepts thc rcc,,m mcn,.t;iti, ms of thc ..\d~. isorx Board. N()\\. 'I'III.:I~,i.:I.'ORI.~, IIE IT OIIDAINI,:D I:{Y 'IIIE II()ARI) ()1" ('OI'N'I'5' ('()MNII.$.$1ONEII. S OF COI.I,IER ('()!'\'1"¥, FI.()I{II),.\, .'ql'i("l'l{')\ ()NI'~...\l]~cn,.hncnt to Paragraph :\ t,f Sccti{m I \k'(} ~,1' ():',.J[::::;c,_' 'x,,,. %';-SI. I'uragraph .,\ of .%ccti{m '1 \\q ) ~!' ('~llicr ('~mntx ~ Ird[~.,~:.c k,,. 'L;-Xl. ih hcrcl~v amended lo re;rd us Ik~lh~xks: "',, l i~,: l l,,;~rd ',h;tll I,c co111F~oscd ol' SC,, C11 17l I'ncnll',crs consiMin,u o1' {~r:c ,Ii ~cnqbcr I'm'{~m thc [nlmokaJcc (]onllnunit} I'ark l)istrict. ~mc Ill mcnqbcz' :r, ,:n x; i_dAi2_~ thc (Zjt.~ko~ll' Marco Island C-qmm~u:mt?Pt,'k4)ie,tri,..,t. q[%. L !J m,:mh~.r fl'*,m. 3~j!hj!! th__c__('it.._.v_('.=~ mcmi~ur I'rom within thc ['it.~ ,,I') k ~;j'.~j.!d,:,._. and three ~ .fi,~-,-(~ members I'rom within thc Naples and I 'than ..\rca (_'ommunitv Park District." .",I.]("1'1()\' '!'\~ (). (',mtlict and ~¢verabiliv,. ]~; Ibc c~ L'Ill IJl;~l IIli'~ (\'din:moo contlJclx ~i[l~ an~ ,,[l~cr ,~rdinancc of' ( ,,]Jicr ( ,~Lmh t,r ~,[hcr applicable law, iht 111oru rc~lrict~e 511all appl). I1' an\ c~,L~ rL ~,1' c~ mq~c[cnt .i u risdiction, such porti(m Mmll hc dccmcd a sepm'a[c. ali\tinct mkJ independent im~kision and such holdin~ shall not at'Ibc[ [l~c SI'~('71'I(')N TIII{I,:I,L I'il'fcctive Date. Ihb, ()rdinancc shall t~c effective upon filing with the l)cpartmcnt ~1' I)\VI(;tl I I(. I~R()f'K. ('lcrk 1½OAP, D OF COUNTY C(),MMIS.'<,I()NI.~RS C()LIAER COUNTY. I:[.()P, II)A V,' ,rd,, underlined utc added; Words ' "JEr4aelethec~gh arc deleted. ORI}INANCE NO. 99- 2& AN ()RI)INANCE AMENDING ORDINANCE NO. 93-81. ('II..\N(;E TIlE (?OMPOSITION OF TIlE ('OI.;NTY'S I'ARK.% AND RI-~('I,tEATION AI)\'ISORY BOARI) BY I)EI.ETI,'X'(; TIlE SEAT FR().M \\TI'IilN TIlE MARCO ISI.AND I'ARK I}ISTi{I('T ANI) IN('RE..\SING FRO.M FIVE [~)T() SIX (6)TIlE NI.;MBEI{ ¢)1,' NE.VI'S \VFI'IIIN TIlE NAPI.ES AN1) UI{BAN ..XI,IEA I'AI4K I)IS'I RI('T: PR{}VII)IN(; FOI{ ('{)NFI.I("I ANI) SE\'ERAIIII.IT~': PROVIDING FOR IN('IA;SION INTO TIlE ('(}DE ()F I.A~.VS ANI) ()I{I)INANCES: AND PROVIDIN(; AN EFFECTIVE I)ATE. \VilEREAS. (_'olhcr ('ounlv Ordinance No. '~-~1 rcqmrcs Ihat one ¢1 )mcmhcr thc sex cn {7)mcmher Parks and Rccrcalion/,,d~.isor).' B-ard bc appointed t?,m ~ ilhin thc ~co3raphic area of thc Marco Island ('ommunity Park l)~stncl: and XVIIEREAS. bcCatlS¢ o£ thc incorporation of ~l~c ('m.' of 'Xl,rco Island. public parks in tt~c ~cographic area of fl~e Marco [slaml ('c, mmunitv Park [)islrict arc n. hm.~cr thc adxisory rC~,lCX~, jtlrlsdlctloll of thc ('OtllllX.'s Parks ;md Rccrc;ttmn Ho.trd. it ts not ncccssaD' that g:.iid Board has. c a m¢il'~hcr appc, mlcd I'r,~nl ~.x lli'Hn Iht ('fly t~t' 5.1arct~ N()X\. TItEREFOI,IE. lie IT ()I{I)AINEI) BY ]'lie 111)..\1~1) ()F ('¢)I'N'I'~' ('()51MI.'C,Y,I¢)Ni-:RS OF ('OI.I.IEIg ('(}I'N'I'Y. FI.()RII)A. ll~;tt: SE('TIO.N ()NE. .-\n~cndmct~t t,~ P;tr;lgraph :\ of.qcction '1 St. J'al t~rilpJa .,X t)l' ~CCtlOll [ ~V() of ('oilier ('otllltV Ordmanc~ N~ 93-N!. is hurcbx amcmlcd t. read as fi)llox~ s: "A lhc Board shall bc composed of seven 1TI mcmbcrs c~msisling member l?om fl~c lmmokalcc ('ommunily Park District. ....... ,~m~ ................. and ~ ~i members I?orl: thc Naples and I 'rJ~lll .'~red ( 't)l~lllltlBIt', Park I)istrict- SE('I'I()N I~V(): ('()NI"I.I('TXSI)SE~'ERAIilI.I'I~. ii~l~l SLICII }l~]t]iilg shall n~)[ aflgct Ibc x,tltditx ~l thc ru'Hl;lilli/Ig Words undcrlmcd arc raided: Words ~¢i~ ar, thqclcd. SE('TION 'FllREE. INCIoUSION IN TIlE COI)E OF I.AWS ANI) ORDINANCES. 'Iht provisions of this Ordinance shall become and bc made a part of thc ('ode ofl.aws and Ordinances of ('oilier County, Florida. Thc sections of thc Ordinance may be renumbcred or reletlered Io accomplish such. and the word "Ordinance" may bc changed to "Section." "Amcle." or any other appropriale word. SECTION FOUR. EFFECTIVE DATE. 'Fids Ordinance shall bc cl'l~ctix c upon filing wilh thc I)cpartmcnt ol'Ntalc. P:\SSEI) AND DUI.Y Al)OPTED by the Board of ('ount.v C'omn~iss~o,crs o1' (.'oilier County. Florida, this~'.,). ~,u day of '} ) ),.IK t,.._ . 1999. ATTEST: DWIGHT E. B,~ROCK. Clerk I Approved as to fom~ and legal sufficiency: Thomas C. Pdlmcr Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ' / / PAMELA S. MA("KIL:. ('ttAIRWOMAN STATE OF FLORIDA) CO~TY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-24 Which was adopted by the Board of County Commissioners on the 23rd day of March, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of March, 1999. DWIGHT E. BROCK , . Clerk of Courts , , . , .~. ,"~'" . , ~,, I,'. :. ."~ ~ - . ..~, ' , ~ ,~ ~'~" ~ ' , . . ',~. ~ 'W~ ~,,~,...~;,.,~..,.. ~ / . .,~ .fie- x~r · .: ~ .i,'3'~..~a" RES()i.L?I'ION N(). ..\ RESOI.UTION OF ('OI.i. IER COUNTY, FI.ORIDA, OPPOSING ENACI.MENT IN'lO I...\\V OF PROPOSEI) FI.ORIDA IIOUSE BIi.I. NUMBER 0925 AND PROPOSI;:D FI.ORIDA SENATE Bil. I. NUMBER 1352. TO IN('I.UDE SENATE ('OMMITTEE S U iIS'iTI'I_'TI-~ BII.I. s, VITIi ..\.MEN I).M ENT, ..\ I)()i'Ti-~I) MAR('II 17, 1999, V,'II1Cll BII.I.S INTENI) TO ARBITRARII.Y REQ['IRI-~ 'I'II..VI' ('t'~T()MERS ()F .MANX,. IN\'ESTOI~ ()\\'NED \V:VI'I-~R ANI) \~'ASTI-;WATI';I~ ['TII.I'FIES V,'II.I. IIAVE TO I'AY ('()S'I'S ()1.' ('..\PITAI. 1311'R()VE.MI.~NTS TIIAT SII()Ui.I) BE I'..\1I) FOR llY '['liE UTii.ITY'S FUTURE ('UST().MERS, AND Vs'ill('li BiI.I.S XViI.I. OVER TIME REQt'IRE TiI:VI' t"FiI.ITY ('['S'I'().MEt~.% .~ItlS'I' PAY F()R .MANY (;OVERNMENTAI...\NI) I'ER.M IT'I'IN(; ('OM PI.I..XN('E ('OSTS TIIAT .~II()L'I.I) lie ('il..\R(;Ei) TO TIlE ['TII.I'I'Y',% .STO('KIIOI.I)ERS OR FUTURE ('t'ST()MERS. VVllEREAS. House Bill Numbcr 0925 (HB O925} and Scnatc Bill Nt,mbcr 1352 (SB 1352). x,. il}l Sea, ate C'ow~w~ittcc Substitute Bill and amendment adopted on March 17. 1999. haxc bccn proposed r¢ccnllv fbr enactment into law by acliorl of Iht Florida l.cgislaturc: alld ',,VIi EREAS. proposed I lB (}')25 and .NB 1352. with .%cnalc ('omnmtcc %ubstitulc Bill and amcmtmcnt, apply I,* thc Florida Public hcrx'icc ('OillllliSSloll illld Itl all [:lorida coutlliCs I}lal m~w rcsuJatc. (~r }lcrcaJ}cr will rc?lJatc, lilt rates of ~nvcslor ox~ ned x~ atcr \\ I it':Rtq..\S, a primary Fulrposc-f propc, scd lib t~t25 and SB 1352. xxith Scmtlc ('tm~m~ltcc Nubstitutc Bill and amendment. ~s to haxc "considered" Ibr inclusion iliIo il utililx '~ r;ttc b;l~c as "t~scd alld uscl'ul tn Iht put~lic scrx ~cc" ulility propcrt5. illcludi~lg ncr\ c CUM~mlcFn T~c ! 5 ~ x u'al'S i~l'lu'r I}lc cx~c~'Icd dale ~l'[}lc fitud t~dcr isstlCd i11 thc rcspcct~xc talc ~ncrca,c applicat.m pr,~cccding; dnd \\'Ii i';I.~E:\S, another l'mmar.,, l-mrp~sc of proposed lib ~}'/25 and SB 1352. xx 5cnatc ('omn~ttcc Subslitutc Bill alld itlllClldlllCll[. IS tO charge thc ~ltilitv's custon~crs thc filll amount of"cnvironmcntal compliance ct)sis" xxhich costs include, hut arc not limited to. all rcasonablc expenses and l~lir return on any prudcnt investment incurred by thc utility in complying with thc requirements or conditions contained m any pcmlilting. clllkwccmcnt, or similar decisions of any l'cdcral, slate, or local ?x crnmcnlal agency xvilh '~ tl t~I~.i'Z,\.S, proposed II P, ~1'~2~ and St~ l Sfi2. xviIh ~cnatc ('ommiucc ~ubstitulc [Mil arid amcmlmcnl, unncccssaritx m~d arbiwar~lv restricts each countx"s now cxislin~ discretion u~ conMdcr thc morns of approx in~ or disapprox'mg Ibc ulililv's appropriate "marEin rcscrx c" and ~n dclcrmimn~ xxhat "compliance costs" should bc paid by Iht tlliJitx's :'urrcm cuslomcrs and ~hich should bc cJlargctl to thc ut~hly's slockboldcrs or t'ulure CtlStOmers. N()Xs,'. TIIEREFORE, BE rF RESOI,X'EI) BY TilE BOARD OF ('O.~I.~IlSSIONERS OF COi. I,IER COUNTY, FI,ORIDA. tha~: l'hc Board o]'('ounty ('ommissmncrs ol'('ollicr ('ounly. l:h,rida opposes passa~c of proposed lib I)925 tmtl SB 1352. with Scll~llc ('ollllll~ltcc Ihc [toard of County ('ommissioners of (.'oilier ('ount.~. Florida. requests that [~rol~oscd I ll~ (}925 and 51t 1352. xx ith Senate ('ommJttcc Substitt~tc [Mil and ;m~cndmcnt adopted March 17. 1~)0~/. 1he }:lorida .,\ssociallon ot'(.'ountlcs may utilize ltns Resolution as il deems appropriate lo oppose cnuclmcnt il!tO Jaxx ol'proposcd }Jig 11~)25. S}~ 1352 Sen;tlc ('omnliltcc Substitute }Mil and amendment adopted Murch 17, and any substantially Mmllar ttousc and Senate bills. Tills It. ESOI.UTION AI)OI'TED after motion, second and majority vole in ATTEST: DWIGtI'I~ I-Z BRO('K. ('I,EI~,K l)eputv Clerk ,~pptox'cd 'aS'l(f I orm and legal sufficiency' Thomas (,'. I'ahncr Assistant (.'ounty ..\ttorncy iIOARI) OF ('OUNT'¥ ('O51~IISSIONEI,tS ('OI,i,IER C'OUNT¥, FI,ORIDA I'amela S. ,~! ac' Kie, ('hair,,~'Oman 1 COLLIER COUNTY DAVID C. WEIOEL COLLIER COUNTY ATTORNEY 3301 Tam,ami Trail East Naples, Florida 34112-4902 Telephone: {941) 774-8400 FAX: (941) 774.0225 Emcil: cttorne¥~nap'~es "e' March 29, 1999 He,d, F. Ashton Ram,to Mafial,ch Thomas C. Palmer M~choel W. Pett~t Marm M Scuderi Marior,e M Stude,~t Mehssa A Vosauot Senator BurtL Saunders Collier Count,.' Government Center 3301 Tamiami Trail East Administration Bldg. Suite 304 Naples. FL 32,I12 Re ('oilier Count,, Board of('ountv ('ommissioncrs Resolution No 99- t 7Ii Resolution opposing l louse Bill 0925 and Senate Bill 1352. relating to ratemaking provisions of investor-owned water and waste,.vater utility s'vslems Dear Senator Saundcrs: The Board of Count,,' Commissioners of Collier Count>'. Florida. meeting on March 23, 1999. adopted Collier County Resolution No 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions o/'investor-owned water and wastewater utility systems Attached is a copy of said resolution cxi~orting tile Florida l.egislaturc to actively oppose thc enactment into la:v of proposed ltP, 0925 and SB 1352. with Senate Committee Substitute Bill and amendment adopted March 17, 1999 If you should have any questions regarding the attached Resolution or wish to discuss this matter. please contact me or tile Count,.' Commissioners Sincerel,.. l)avid (' \Vcigcl ('ounlv Att~rnev cc: Board of Countv Commissioners Clerk to the Board Attachment h cv,"~',eig¢l letters. 199';' I;,nn ral~.mlaking ,,a.',,, utlhlb *,?,lcnl.~ OCOLLIER COUNTY ]. 6 A ]. DAVID (:. WEIGEL COLLIER COUkI'FY ATTORF,I~Y 3301 Tcr,-ic,'-T-,v,:~ Ecs' Nc;les, Fic-:z: 341 i2..:g©2 Telephone: (941~, 774.8400 FAX: (941) 774-0225 Emcd: attorne¥~nc~[es Representative J Dudley Goodlctte Collier County Legislative Delegation 3301 Tamiami Trail East Adminstration Bldg, Suite 203 Naples, FL 34112 March 29, 1999 Re (.'oilier County Board of County Commissioners Resolution No 99-17(.) P, esolution opposin~ [louse Bill 0925 and Senate Bill laS.. relating to ratemaking provisions of investor-owned xvater and wastewater utility svstems Dear Representali,.e ¢;oodlette 'Floc l~,oard of ('ountv ('ommissioncrs of Collier County, Florida. meetina on March 23, I09O. adopted ColIier County Resolution No 99-170 opposing the enactment o'~' the above-referenced bills relating to ratemaking provisions of investor-owned x,.ater and wastewater utility systems .-\ttached is a cop> of said resolution exhorting the Florida Legislature to actively, oppose the enactment into la,.,, of proposed }tl~ 0')25 and St?, 352, x,.ith Senate Committee Substitute llill and amendment adopted March 17, 1099 IFvou should haxc any questions regarding the attached Resolution or wish to discuss this matter. please contact me or the County £'ommissioners Sinccrel%', l)avid (' %\'eigcl ( 'Otli'l t',' cc P;oard Ot'¢'¢)tl:]tx,' ("orlliT~ :q:.,,it~vters, Clerk to ti~c J~t);lfC] ,Attachment 16A 1 COLLIER COUNTY DAVID C. WEIGEL COILI[~ COUhli'¥ AT'~OttN[:Y 3301 Tamiami Tra,; Naples, Fie, fido 34112.4902 Tele~hane: (941) 774-8400 FAX (941) 774.0225 Email: altorney~r,:DJes Representative Joe Sprat[ Collier County Legislative Delegation 205 S Commerce Avenue Suite B Sebring, FL 33S70 March 2g, 1999 He~& F Ashlon J~clm, to ~'AaAahch Thomas C Palmer tJ~cha~,! VI Petht Me!,~ A 'V.~squ~t Re Collier ('ountv Board ofCountv ('ommissioncrs Resolulion N~ 99-170 Resolution opposing [louse Bill 0925 and Senate Bill 1352. relating to ratemaking provisions of invcstor-o,,~.'ned water and wastev, ater utility systems Dear Representative Sprat[ The Board of County Commissioners of Collier County, Florida. meeting on March 23, 1999, adopted Collier Count,,' Resolution No 99-170 opposinu the enactment of the above-reFerenced bills relating to ratemaking provisions of investor-o',,,ned water and v.'astev,'ater utility systems Attached is a copy of said resolution exhorting the Florida Legislature to actively, oppose the enactment into la~.,, of proposed HP, 0925 anti SB 1352. ~,~.ith Senate Committee Substitute Bill and amendment adopted March 17. 1990 II'you should h::~.u anv quc-;tions regard:ng thc atlachcd Rcst)lution :,r ',,,lsh '~o discuss this matter. [,lease contact r'nc t,r the (-'()untv ('ommissioncrs 1)a'~id (' VVcigel ("OtlTlt', ,AI 1(3 FILL", cc Board Of ('otlrltv Commissioners Clerk to the Board .Attachment 1 COLLIER COUNTY O, WD ¢. WEIGEL COL[fIR COUNTY AI'TORN[Y 3301 7cr",c"", Tr:; Ecs' Naples, Fiat,cc 34112.4~02 Telephc'~e: (941) 774.8400 FAX (941) 774-0225 Emc:l c. art' e,~".c :'.es March 29, 1999 Representative l.uis E Rojas Collier Count',' Legislative Delegation 601 I V,/est 16th Avenue Suite ^ Hialeah. FI. 33012-6213 Re' Collier Count>' Board of County Commissioners Resolution No 99-170 Resolution opposing House Bill 0925 and Senate Bill 1.~5.. relating to ratemaking provisions of investor-owned water and :vaste,.*.ater utility systems Dear Representative Rojas The Board of ('ountv Commissioners of Collier Count)', Florida. meeting on March 23, 1999, adopted Collier Cot,nty Resolution No 99-170 opposing the enactment of' the above-referenced bills relating to ratcmaking provisions of investor-owned v, ater and ,.~.astewater utility svstcms .Attached is a cop,. or'said re~,fiution exhorting thc Florida l.egislamre to actively oppose the enactment il!lO la'~. of proposed tit?, 0025 and ."il?, 135,2. '.,.hh .'qcnat¢ ('ommittce F, ubsti:ute l~ill and amendm.:nt ath~pted .',larch 17. 1999 If you shotdd have anv questions regarding the attached Resolution or ',,,ish to discuss this matter, please contact me or the County Commissioners Sincerely. l)avid (' \\'cigcl Cot:htr .,\ltomcv cc Board of('ountv Commissioners Clerk ~o the Board Attachment 1 COLLIER COUNTY oav, o c. WEIOEL COILt[R C©Ur~Y AI'~O~H[ ¢ 3301 Tamiaml Naples, Ftarid= 34112-4902 Teleohone: (941) 774-8400 FAX: (941) 774.0225 Emc;l: a!torney~r'c~,'.es ~e' March 29, 1000 Representative ('arole Green Collier Count,,' Leuislative Delegation 15248 South 'ramiami Trail Suite 200 Fort Nlvers. FI. 33008 Re ('oilier ('tmntv Board ofCountx (.'ommissioncrs I{esoluti(m No go. 17() Resolution opposing [tou'~c Bill 0025 and Senate Bill 1352. rclatinu 1o ratemaking provisions ot'investor-o,,,.ned v. ater and x,.astc,,,.ater utiliw systems Dear Representative Green: The Board of County Commissioners of Collier Count.`", Florida, meeting on March 23, adopted Collier County Resolution No 99-170 opposing the enactment of the above-referenced bills relating to ratemaking provisions of investor-owned ,.~.ater and ~astex~ater t, tilitv svstems Attached is a copy of said resolution exhorting the [:lorida [.egislaturc to actively oppo~,c thc enactment into la,x of proposed }tB 0925 and SB 1352. with Senate ('omn~ittce Substitute Ilill and amendment adopted March 17. 1999 If you should have anv questions regarding the attached Resolution or ',,.ish to discuss this matter. [)lease contact mc or thc Cot,ntv Conu'nissi(mers Sincerclv. l)avid (' \\'uiuui ('ountv cc l?,oard of ('ountv ('ommissioners Clerk to the Board Attachment h er. We~§¢I lcth.'r~. 1999 Ibm* ral~nn~klng 16A 1 COLLIER COUNTY DAVID C WEIGI:L COJLIER COUNTY ATTC)RI'IEv 3301 Tc~,c~ T,,mt Ezs' Naples, Fief,dc 34112-4'~C2 Telephone: (94J) 774.8400 FAX. (941) 774-0225 EmciJ: a]torney~"'cDJes ,'March 29. 1909 Representative Steven Geller Collier County Legislative Delegation 400 South Federal l tighway Suite 400 tlallandale, FL 33009 Re: Collier County Board of County Commissioners Resolution No 99-170 Resolution opposing }-louse Bill 0925 and Senate Bill 1352, relating to ratemaking provisions of investor-owned water and wastev,'ater utility systems Dear Representative Geller: The Board of ('ountv Comn~issioners of Collier ('ount.,,. Florida. meeting on *larch 23, 1999, adopted Collier Coun:y Resolution No 99-170 opposing the enactment of thc above-referenced bills relatin~ to ratemaking provisions of investor-or, ned water and wastcwater utility systems Attached is a copy or' said resolution exhorting the Florida l.egislat,ire to actively oppose the enactment into lax,. of proposed HB 0925 and SB 1.'152. '~,.ith Senate ('ommittee Substitute Bill and an~endment adopted March 17, If you should ha,.e any qt, estions regarding the attached Re:,olut,m or ~.ish t<) discuss this matter. please contact me or the County Commissioners Sincerely. David C Weigel Cc, ur~tv .,\ttornev cc Board or'County Commissioners Clerk to the Board Attachment h e,.t \Vc~gcl Icl/er-, 1',"~'): rill ralem.ll II)p, ~,t-'~ tlhlll', 16A 1 COLLIER COUNTY DAVID C, WEIGEL COLLIER COUNI'Y ATTORN[Y 3301 Tam,am, Trail East Naples, Fta,iCa 34112.4902 Telephone: (941) 774-8400 FAX: (941) 774-0225 Ernail; attorne¥@'~c~les Ms VMan Zaricki Florida Association of Counties P. O. Box 549 Tallahassee. FL 32302-0549 March 29, 1999 He,d~ F Rarmro Mafiul~ch Thomas C. Pal,ne. Michael W. Pen,t Marn, M. Scuden Marior,e M Student Mehssa A. Vosctuez Robert N Re; Collier County Board of County Commissioners Resolution No 99- 170 Resolution opposing House Bill 0025 and Senate Bill 1352. relating to ratemaking provisions ofinvestor-oxvncd x,~ater and wasle,.vater utility systems Dear .Xls Zaricki The Board ofCotmtv ('ommissioners of('oIlier ('ounty. Florida. meeting on March 23. 1099, adopted Collier ('ountv Resolution No 90-170 opposing the enactment of thc above-referenced bills relating to ralemaking provisions of investor-owned water and wastcwatet utility systems Attached is a copy of said resolution authorizing the Florida Association of Counties to utilize this Resolution to oppose the enactment into law of proposed }lB 0925 and SB 1352, ~vith Senate Committee Substitute Bill and amendment adopted March 17, 1999 If you should have an}' questions regarding the attached Resolution or wish to discuss this matter. please contact me or the Count,,' Commissioners Sincerely, David C Weigel County Attorney CC Board o1' ('ountv Commissioners Clerk to the Board Attachment h ex', ',~. ¢~g¢1 l¢llgT'x ['~'?.~ ,/ ltl. Ii [ '~1.' ratcrllai..il!L,' x,,-~ uh]it? I,,I:,%()LI "II()\ N() '~'J-~/1 RESO[.I ;TION ,,\Ii'I'IIORIZIN(; [:INAI. ACCEPTANCE ()F TIIOSI:. ROADW..\Y. I)RAIN,.\t;I!. W..VI'I!R AND IMPROVEM[:.NTS IN QUAIl. WF.S'I PIIAS[! III. BLOCK K. I.OT ')7. RF. LEASE OF THE .MAINTENAN('k SECL:RITY, AND A('('EPTIN( TI tEM,.\ INTF, NANCE RESPONSIBI L ITY FOR Tt I E ROADWAY. DRAINAGE'. WATER AND SE\VI!R IMPROVEMF. NTS TllAT ARE NOT REOt'IRH)'FO BE MAINTAINED BY TIlE ItOMEOWNF. RS :\ SSOC I.,\T t ()N. \Vt t t'~RE.'\S, the Board of ('ounty Commissioners of('ollicr ('Otlt~ly. Florida. .hmuarx 2. 1~)')6 approved thc pla~ of Ouail Wcsl Phase III. Block K. I.oI 97 fi~r rccordm?: and 'tVI IER[!:\S. I1~¢ rick eloper ha~ conslruclcd and nlainlanlcd lhe roadx~ ;~. dr'immgc. x~ atcr and scxx cr illlprox'clllcnls m accordance x~ ilh Ibc approved plans and spcci I~c;flJo~ls ;md as rccluired by thc I.amt l)cx ciopmcm ('ode I('ollicr ('otllllx ()rdinallcc No. U I-11~2. ;is amcmlcd l: and IbC t'~iliuc, Slandard~ ;md Procedures ()rdilliUlcc (('oilier ('oumx \\'IIERIL,\S. Iht de\ eloper has now rcqucslcd tinal acccplancc of linc roathx dralll:l?2, x.,, alcr and sc\\'cr inlprox \Vt lI~RI(..\S, thc ('ompliance Services Secllon of tile Dc~.cl,)pmcnt .Services I)cpanmcnl has inspected thc road\ray, drainage, water anti scxxcr improvements and is rccommcnthng acceptance of said £acili~ics. N()W. 'I'lfEREFORE. BE IT RESOLVED BY TItF, BOARI) OF COl :NTY C()M.MISSIONERS OF COt. LIER COUNTY. FLORIDA. thru final acccplancc bc granted for those roadxx a.'.. drainage, water and sewer improvcmcnls in Quail West Phase 111. Block K. Lo! 97. and authorize thc Clerk to release thc maintenance security. Bti IT Ft 'RTttER RI£SOLVED AND ()RDERED that Iht ('ounty accep! thc lulurc Ptlallltcnallcc and olhcr aticndan! costs for Iht roadx~ ay. drainage, v;aicr ;lilt] Sex~. cr IIlyHO\ CVilClllS that arc Bol required to be nlilinlitllled ~Dy Ibc holllCOX\ llcr~, ass~cialion. Ilcidi F..-\shton Assistant Collier Counly Altomc.x lt(I.\RI) ()1- ('()I 'N'I h' ('()MNIISNI()NI'RN ['(11.1.If'R ('(11 X 1 Y. H.()RII)A t',.\~'I!I.A S, \l,-\("Klli. ('It.,\IR'{\'()M.,\N ¢'¢)NWI'RI'('TI¢)N AND MAINTENANCE AGREE,MENT FOI;l SI'IH)IVI.~ION I,M I'ROVEM ENTS 3 Tills CON.'4TI~,t'('TI()N AND .MAIN'FIqNAN('I': A(;I~,EI'iMEN'i' F()R SI'BI)IVISI()N IMI'ROVI.~MENTS cntcrect into this. -, ~' '' day ol~ '~ ~ t~t..- L, . lU99, b,,'tu.'ccn (TREEK.SI i)E V's EST. IN('., a Florida corporation, hereinafter rcfcncd to as "J).'vcJopcl". ami thc I'h~iud CO[II1D,' ('omn:issio,'~cr, of Collier ('o[iRt',,'. Florida. i~ereinafier retZ-rrcd to as the 'il,re'al" R E(TI'A i.S: ..\ t)c'~ch?cr ha.',, simuhancou.,Ix x~ilh Iht dchxcrv oflhl,, :\grccmcnl. applied Board eI'cc~l;nn pi;i; ol'a .,,ubdivisXm u~ bc kllo'o.n ils ('rt'ckside ('(IIIIIllCI'I,'R P,iII'Ix [)~,, l.mm ; 2 of the ('ollic~ ('uuntx l.and l)c,,clol'mlcnl (udc ]CClUUC~ thc I)c~clopcr Io poq appropriate ~udralllCcs [~q' the consti'uclion of thc improvcmcnt~ rcquu'cd by said subdivision regulations, said N()IA. 'I'll I-iRI-iI"()I~,I-L In consideration of thc l'orc_uoln$ premise.,, and mutual covenants hcrcmat'ter set for'ih. [)c',clopc~ :md thc Board do hereby covenant and ;.I.~!FC~.' aS I)cvclopcr x,,ill cause Io be conslructed 7he pa,,'u'~, landscaFing, drainage, pt)Iai)lc v, atcl, irri,_,ation wmcr. sanitary sex,.'er, and slrect lighting improvements for ('reek~;ide ('ommercc l':~rk x3, esl, unit Two, within twenty-four {24) monlhs from the date of approval of said suhdi', i~,ion pla~. said impr,xemcnts hereafter ret'erred to a~ the "required iml)rOvemcms" l)cvclopcr i~ere,.vith tenders its subdivision l~crt'ormance security (attached hereto as l{xhihi~ "A- ~md t~', rct'ercncc made a part hereof)in thc amount of 51,375.399.00 x~ifich amtmnt Icprcscnts thc ,.",,.'r~l tq'dct'auh hx thc I)c~.ch)pcl or lidhuc of thc l)cx'clopcl t~ c, mIplctc xuch comiaiction t~', [)cvclopc~ 's engineer along with thc final project rcc:~rds have been thrnishcd hc ~cx w,,kcd and app~o',cd h~ thc [)c~cJopnlcnt lel'xiccs Directol li,f cmnpliancc with thc ('OIlllIX m it,d [)cxclopmcnt l'hc l)cx ,:Jopmcn,t ,Scr~. ices [)h'cctor shall, v,.ithin sixty i(~lll days ,,ff ro.:uipt of thc stat..:mcnt t~l' :<~t-,t,m~ial completion, cithur a) nofit~' thc l)cvulopcr in ~vritin~ of his prcli:ninary approval of thc ~mp~ ~ umenls, or b) holilY' lhu I)evcluper in writin~ of his refilsal I,~ approve imp~ovcmcnls, thcrcx~ ilh ~pccit'x'ing those conditions x~ hich lilt I)cvclt,pc~ muq l~lltill il~ order to obtain the I)lrcctof reth5c preliminary approxal of lbo improxemcnt~ iI'thc~' ate in I~ct c(mslructcd and ~ubm~tted lbr approxaJ in accordance ~ith thc requirements ot'thi~ ..%gz'zemeul 'Iht [)ex eloper shall maintain all required improveltlcrds tbr a minimum period ~ffonc xcat aIic~ prclimm.~ry approval ~ ~r thc Dckclopmcnt %erviccs Director After tI~c mc-year period bx ~he Developer has Jcrminatcd, thc I)cvelopcr shall peliti~,n ~h,: l)evclopmen1 Scrx'iccs l)~:cc~,~ ,,~ i~is designee shall :nq~ccI thc improvcmcnls and. if fimnd I~ be still in compliance ~ ith lhc ('oilier County I.alld [)cxcJoplllcnl ('ode as reflected by Iinat approx ~,m hx 1he I~o;Ird, t}lt' Board ~lx~[I release thc rcm:uning II)°'. t)fthc subdivision pcrtormancc OF tillll] linc Board accepts maintenance responsibility Ibr and hx lhc { al'fur thc' cxccutil)n ol'lhis ..\.~rccmcnt ired oncc within cxurv Developcr Illit} request thc Devclopmcnl Sc~x'iccs Director to reduce thc dollar dollar amount of thc subdivision pcrt't,~ manet sccuritx shall hc acctmlpanicd In thc c', tnt the [)ex elopcr shall frei or neglec! to t%llfill it, obhgalitms under this ,.kgrt'cincnl. upon cc~ificatitm of such 2~ilure the ('t)untv Adminisi~alo~ illlt% call H[~oll l}lu subdivision pcrft~ re;race sccuritx It, secure 5atisi~clotv completion, repair and maintenance ol'thc re(luired impro',cments The Board shall have tI~e right to construct ami mainlain, or cause Iobc construclcd or maintained, pt~r>ua~lI lo public advcrlisclllcllt ;Hld receipt and acceptance ul'hidx thc ii~prt,', C;~lCi~ls required herein The l)eveloper, its principal under the subclivision pctfi,t ma~scu 5ccuritx. shall be liable lo pa> and lo in(temnilX' the Board thereof, inch,ling but nol -\Ii ,~I';hc :erin:,. c~)xcnants and co,,kJilion~, hcrcl:l c~)lltalncd dfc illld :,hall hc I,~mtin,u ul'~m thc [)~.", ~.*'. ,p,,': ,tp,I lilt..' rt..sl'.,..,,'tl', ,,.. SllCC,..':,.s,~l · Jill'..] il",',i'dl/~, ,11' JilL' I)C'. 16A 3 IN W ITN ESS W! I E R EO F, the Board and the Developer have caused this Agreement to be executed bx their duly authorized representative this ......... da,,' of ................. . I')99 SIGNED. SEALED :\\I) DEI.IVF. RF.D IN TIlE PRESENt'I:. ()F Printed Nan:c - ('rreksid~ est ,hn'.. a gl.rid:, Prim Nam~AJ}~l~_ Marjncl!i .... Fit lc __l~J~[g nj .... ATTESI': D~,VIGIqT E--BROCK. CLERK . 15e~uty Clerk . Att.~./t ax to Chairman's Sl~'~atur, sql - ~pproved as to ~orm and, legal suthcmncv (. , ( ~I)avidC Wciuel County BOARD OF COUNI'Y COMMISSI()NI.:R.~ OF COLLIER COUNTY FLORIDA By: ~__/.Z !, _.,L :', Pamelfi S Mac'Kie, Chairwmnan ['ATE: i~UER IPREVOCABLE 5TAllrjBy LETTER ,DF CREDIT IlO. FIb. ST UU!CU U~,T!O!IAL BA;~K '00 SC. 91~C,.'~Y~'~E BLVD.. iZTH FLOOR HiF.,MI, FL } Xl3l 'FL6C"~~ ATTU: iUTERblAT[Q~AL SUPPORT ~ERViCE5 'NEREI~'I.~FTEP "ISS FLACE OF Ei:Pi~'/: AT !%SUER': COUUTER5 DATE OF EZPIEY: T!:!~ 'LRr'-rIT SHALL BE VALID U'.~TIL . S~ 'DOC', /HI.' SHALL TREREAFTE2 BE AUT.S,I.iATiCALLY REHEWED FOR SUCCESS"TE ]'UR-YEAR PE~!.SDS Cll -HF FIRST ANUIVERSAP" DATE UNLESS: AT LEAST SIXTY ,60, DAYS BFIOE TO ;!IY StICq A!II;iVERSAEY 5ATE, THE iSSUER NOTIFIES THE BEIIEFICIAP" III WPiTIII5 ~',' REGISTE:.E[. MAlL OR COURIER THAT THE ISSUE~ ELECTS NOT TO 50 RENEW THiS CPED[T. APPLISAUI: EEII,iO DE'.'ELOPIIEIII. IUC. 255 EAST DRIVE, SUITE D. MELBQURHE. FL ]~:04 ~HEREINAFTER "APFLICANT"' BENEFICIAEY: THE P'3ARD CF COUIIlY COMI.IISSIONER: COLLIER COIJiI[T. FLOR!;A YHEREi!IAFTER "BENEFIC~AR7''' C. O ENGINEERING REVIEW SECTION. 2800 U. HORSESHOE DRIVE. UAFLEF , FL 34'04. AMOUI!T: US:.6-..}LF.L'~ ~.IX H'dUDRED SEVENTY TWC, T:qC:J.:AI:2. T~!REE H'::;r_'RED THIRTY EIGHT A~;D H~ l'O UI;ITED STATES DOLLAR~ bP TC. Al! A_;SRE.-.AIK THERE£'F. CREDIT .:,'.'A~' ASLE '.,'iT'!: F!F:$T L:UI,DI! NATIONAL ;JAN?: Bi': :A';YE"T ,:..- ::: ~iT i'DCUPE!iT:. -'2RiAl'~'''' ~EFE ~1 A,i~ ......... ' ....... ~'=':,FT~ .'..-.,' ,-17. t;T.. D~AWU. ~";~. ..... -Hr FIRST Ul'l~"]il IIATIOllAL BANK. 'tXFR-'.'EHE!;T ..... ' ..... ','i'H -HAT ?ERTAiII FLAT UF :. SUBDI"'SiDN KlIO',!l Ar` FEE2LEBRCC, FE LAb:E~ FH;,SE I! O~, A FIt!AL IIISPECTi,DtI SA,~i:.FACTOP. 7 T'-,' I201i. IEP COUi~TY HA-- 5EEii FERFCRI':E,$ FRiC'R TC' THE 2'ATE OF E:iFi~,Y. .MID ALTEF. UATE FERFOPMAI:CE C, ECURITY HAS NOT ~£EI,I FROV!£,£D T- :,'ID FORM~LL'~ ACCEP'IED BT THE BEUEFiCiAF .... , ORIC, I:IAL LETTER 'CF CF:EglT MID ALL AME::EMEUT;, iF A;;'/, ,'.IIJ.:.T FZZ:E"-: ..... t~ .... ur '.'ALiDITY C;r THI: SRE£'i'-r TII~S CREDIT IS SUBJECT TO TIlE UNIFOP. M CUSTOMS AND PRACTICE FOR DO(~UMENTAR'~' REDI~!B93.REVISION~ INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. F~ST UNION NATIONAL PLEASE DIRECT ALL IN~UI~Eg REGARDING THIS T~ANgACTIOII TO OUR II,IT'L CUSTOMER SUPPORT DEPT. AT (30§~ 789-6975 FIP~..T UNIOII I~ATIOH,'.L BAUPi AHENDMENT TO IRREVOCABLE STANDBY LETIER OF CREDIT OZ/Z~/99 ~THE BOARD OF CO'J!!T" COMMISSIONERS, COLLIER COUHTY FLORIDA C/O EHGIHEERIH5 REVIEW SECTION ~800 HORTH HORSESHOE DRIVE NAPLES, FL 341C4 1 ~ LETTER OF CREDIT )40. SM407BSqM ! { AMENDMENT II0. 01 GENTLEMEN: WE AMEI~D OUR ASO'.'E REFEREe;CED LETTER OF CREDIT ISSUED Ill YOUR FAVOR OH 02 £2, 59 FO~ /HE ACCOUNT OF KENCO DEVELOP~:ENT, !NC. AS FOLLOWS: +IN T[!E STATEHEH! WHERE IT READS: PHASE II ii MUSi ~E;.D: P~ASE iii ALL OTHER TERMS A!ID COHDITIONS REMAIN UNCHANGED. THIS LEIiEE i~ TIS 5E AITACHED iO AND TO BECOHE A[~ INTEGRAL FART OF IHE ORIGINAL CREDIT IU57RUMEHT. UI.~LZSS OTH.EF~E E::?RESSL? STATES I!ITERU~.TIONA~ ~HAHBER OF COMMERCE SINCERELY. X ~ ZOO S. BISCAYNE ~VO. 1ZTH FL H!AMi . FL 3~131 FL 3?131 ~ HEREIH, THIS CREDIT !S SUBfECT TO DOCUMEUTAEY C~EDITS ,1993 REVISIOH'! . PUBLICATION A 16 6 FORM 8B MEMORAND:UM O[:: VOTING CONFLJ-CT-F-C R - ' UNTY, MUNICIPAL, AND OTHER LOCAL_.PUBLI___.___C Collier Cou~of Co~nissh.,e~:t Mac'Kle, Pamela S. 3301 Tamiam[ Trail East c'ou~rY Naples Coll i er____~ NAt, I~ OF POLITICAL -;M.UlVt$1ON: Collier County O~ wi(ICH %01 ~i ¢'K'L'L~EII. EL~ ~t'~ I"OSITION I.~: .;.~ ELECTIVE ,, .' APr'OI.~lIV~ . 1999 WHO MUST FILE FORM 88 form is for usc by any person scrvlng 3t thc county, city. or other local Ic~,=l of government on an appointed u, r.l¢¢scd boa[rt. ,u~h commission, authority, or commiucc It app[i~ ~ually 1o mcm~ of adv~ and non-ad~so~ ~ies who a,~ ith a voting con~ict of interest under S~tlun 11~143. ~orlda Statute. ~c r~ulrcmcqu of th~ ~w ~ mnn~to~; u~ of this pard~lar form is not ~uir~d ~y law. ~u are ~ncoualM to u~ h in maklnl the di~losurc ~quircd ~ law. ~ ~pons~bilitics under fl~e law when faced with a me,ute in which ~u have a con~i~ of intcr~t will ~y ~tJy dependin~ whether you hold an elective or appointive ~shion. For this re,on, plea~ pay close attention to the i~trurHo~ on ~1~ form completing lhe r~'~rsc side and ~ling thc form. [NSTI~UCTIONS FOR COMPLIANCE WITH SECTION tt2.Zt43, FLORIDA STATUTES :CTED OFFICERS: ' · I~:rson holdins clccH~¢ county, municipal, or other local public office NIUST ABSTAIN f~'om votinE on a mc=uurc which inures :o hLs special priv2~c gain. Each local officer also is prohibited from knowingly votintt on a mc~ure which inures to thc spccial of a principal (oH~¢r ~han a govcrntr~nt agency) by whom he is rctalncd. n either c:~sc, you st~ould disclose thc confli~: PRIOR. TO Tile VOTE BEING TAKEN by publicly sl~in~ ~o thC =s~mbb' which you ~rc ~bs~inin~ from volin[: WITHIN 1~ DAYS A~ER THE V~ OCCURS by com~l(lin~ and illin[ lhi~ thc minu[cs of thc meeting, who should incorporatc thc form in thc minute. APPOI.~TED OFFICERS: A person holding ~ppointive county, municipal, or other local public office SIUST ABSTAIN from vodn~ on ;~ ,n¢:~ss,e which inures to his special private gain. Each local officer also is prohibited from knowingly votin~ on a mcasu,c which h),,tcs ~n thc sT<x:ial gain of a principal (od~cr than a government agency) by ~¥hom he is retained. -- A person holding an appointive local office otherwise may pardcipatc in a n~aucr in which hc has a conflict of interest, but must disclose thc nature of thc conflict before making any atlempt to influence Ibc decision by omi or written comm,nication, whether rrmdc by Ibc officer ar at his dlrcction. IF' YOU INTEND TO XlAKE ANY A'I-fENIPT TO II(IFLUEN. CE TIlE DECISION PRIOR TO TIlE NIEI".'I ING ,SsT WlllCl-! THE VOTF_ WILL BE TAKEN: · You should complete and rile this form (before making any attempt ¢o influence the decisionl wi:h the pc,son scspnnsible for rtcording thc minutes of the. meeting, who ~¥ill incorporate Ibc form in the minutes. 16A 6 IF YOU MAKE NO ATI-EMPT TO INFLUENCE THE DECISION EXCEFT BY DISCUi~ION AT 1~.1£ MF-L:TING: · You should disclose orally thc nature of your conllic! in thc me'zsure before participating. · You should complete thc form and file il within' !$ days afire' the ¥o1¢ o~.'curs with Ih¢ I:~'t~on r~ponsibl¢ for rcco~lin8 thc rnJat~s of' thc meeting, who should incorporate thc form in lh¢ minu~es. DISCLOSURE OF LOCAL OFFICER':S INTEREST 1. Pamela S. Mac' Kie , hcrcby disclose thai on (a) A measure came or will come bcfore my a~cn~ which (~k one) ~ inur~ Io my spool PH~[c ~ain: or ~inur~d :o thc spool 8~n of Pm. ~. M 'K~ ' . lb) ~c measure before my agcn~T and thc na[urc of my inlcrm[ in thc m~ure March 23 by whom I am ~ Agenda Item i6.A.6. Request to approve for recording the final plat of Phase 3 and approval of the Performance secdrity. Pebblebrooke Lakes consultation with-the County Attorney, ! abstained from voting on the ..matter pursuant to Section 286.012, Florida Statutes, which provides no member of any state, county, or mun agency who Is present 'a ........... ic~pa! governmental board ...... · t ..,~ ,,,==~zng o£'such bod ........ ' ~on, rOli~g or other official act i · ~ wnicn-au.dfficial s to be taken or adopted ~]aY 'abstai~ from voting...except when, with respect to any such member, there is, or ~o be, a possible conflict of interest under the provisions of ~.!12.313, or S.112.3143. In such cases, said me~ber shali comply wlth the isclosure requirements of S.112.3143.- )~:: Filed )ril 6, t999 Sisna~urc' Pamela S. ~ tOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (198,~). A FAILURE TO I~IAKE ANY REOL':R-'~ ISCLOSURECONSTITiJTESC~RC)IINnSF~R ,..~,lrl ~,l,SV n~ n, .,-,. ~,,~ ..... 16~ 6 CONSTRUCTION AND MAINTENANCE AGREEMENT NOT RECEIVED IN CLERK TO THE BOARD'S OFFICE AS OF NOVEMBER 30, 1999 l 6A 'f RESOLUTION NO. 99-_122.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, iN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescriked administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as tc each parcel shall be calculated and reported to the Board of County Cc~missioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf Notice of Assessment after which interest shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper not~ce thereof tc the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LE E R I N: COST Tropicana Homes At Marco Inc Lot 17, Block 79 of MARCO % Jose A Perez BEACH UNIT THREE, a Subdivision 6317 SW -11~ St according to the Plat thereof, Miami, FL 33144 recorded in Plat Book 6, Pages 17-24 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80720-120 #56855720000 The Clerk cf the Board shall mail a notice of assessment of lien tc the owner cr owners cf the above described property, and it such owner fails tc pay such assessment within thirty <]0) days hereof, a certified copy cf this Resolution shall be recorded in the of£icia| records of Collier County. to constitute a lien against such property accor~in~ to law, unless such direction is stayed by this Board upon appeal sf the assessment of ~he owner. This Resolution adopted after motion, second and majority vote. DATED: u - _~- ATTEST: DWIGHT E. BROCK, CLERK ~ ~EO~kD'~ S~F F~ C'I ENCY: COUNTY ATTORNEY CSce 11 1/i/99 BOARD OF COUNTY C£MMISSIONERS COLLIER COUNTY, FLORIDA ,' // / 2 Z '/'/:''" P,amela 'S Mac'Kie, Chair~oman 2467575 OR: 2539 PG: 1360 ~ ia 0FFIC~ U~S of ~LLIll ~. ;L HC HI 18.50 MY"; BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 7 Tropicana Homes At Marco Inc % Jose A Perez 6317 SW -11TM St Miami, FL 33144 REFERENCE 80720-120 #56855720000 LEGAL DATE: *** OR: 2539 PG: 1361 *** Lot 17, Block 79 of MARCO BEACH UNIT THREE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 17-24 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded ir, the records maintained ky the office of the Property AppruLse~, advised that the Compliance Services Manager, did on 8/5/98, order the abatement ol a certain nuisance existing on the aboue property prohibited by Ordlnance 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed tc a~ate such n~ance; whereupon, it was abated by the expendit'~re ~.f ?~bl~c funds at a direct cost of $ 45.00 and adminis~ra%t','e cost of $200.00 for a total of $ 245.00. Such costs, by Reso!ut:~n of %ne Board of County Co~missioners of Collier County, MAR 2 3 ~999 Fior~da, have been assessed against the above property on and shall become a lien on the property thirty ~30) days after such assessment. You may r~quest a hearing before the Board of County Commissioners to show cause, tf an7', why the expenses and charges incurred by the County under thls 9ru~nance are unwarranteG or excessive o:' why such expenses should no% constitute a l~en against the propert%. Such request for hearing must be m~e to the Clerk of the Board of ?~unty Commlssi©ners, Government C~:n~er, Naples, ~'iorida 34112 in writin'! within ~ hirty (30) days from the darr~ of this :~:~sessment to he CLER?', BOARD OF COUNTY COMMISSIONERS CSce 9- RESOLUTION NO. 99-~__ A RESOLUTION OF THE BOIMRD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred ~y the County, shall be assessed against such property; and WHEREAS, :he cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a iescription of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding ob!iga? ion .ipon tho p~o?.r~y against, which m,~d,, tmt il paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent !]2.0%~ per annum on any unpaid Loft!ch ~hereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 3OLLiER COUNTY, FLORIDA, that the property ciescribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said proper%y, is hereby assessed the following costs of such abatement, to wit: NAME: L GAL DE P 0 : COST Luis Alfredo & Patricia Lot 24, Block 10, Unit 1, Ann Carvajal 5205 McCarty St Naples, FL 34113 Norman & Cleda Hedrich 10911 Bonita Beach Rd Naples Manor, according to the plat thereof recorded in Plat Book 3,Page 57, Public Records, Collier County, Florida. Bonita Springs, FL 34134 245.00 REFERENCE: 80727-057 #62046200006 The Clerk cf the Board shall mall a notice of assessment of lien tc the owner c~ owners of the above described property, and ii such owner fails to zay such assessment within thirty (30) days hereof, a certified copy ~f this Resolution shall be recorded in the official records cf Collier County, to constitute a lien a,lainst such property according to law, unless such direction is stayed by thi~ R~ard up~rt appeal cf the 5ssessment of the owner. This Resolution adopt:ed after motion, second and ma]orkty ATTEST: DWIGHT E. BROCK, CLERK ~ND ~EGAL SUFFICIENCY: WEIGEL CO~TY ATTORNEY CSce i1 - 1/i/99 BOARD OF CO~T'{ COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~a~ela S Mac'Kie, Chairwoman 2467576 OR: 2539 PG: 1362 iii Iii lO.Si ~PllS Lel BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 7 Luis Alfredo & Patricia Ann Carvajal 5205 McCart¥ St Naples, FL 34113 Norman & Cleda Hedrich 10911 Bonita Beach Rd Bonita Springs, FL 34134 REFERENCE 80722-057 #62046200006 LEGAL EEZC?iPTiON: DATE: *** OR: 2539 PG: 1363 *** LIE,': NUMBER: Lot 24, Block 10, Unit 1, Naples Manor, according to the plat thereof recorded in Plat Book 3, Page 57, Public Records, Collier County, Florida. You, as t~.e %',.'net cf the property above described, as recorrt,,d records ra:n*.a:ned by the -~ffice of the Property Ap[~raiser, ad';ised that the Ccmp!iance Services Manager, did on 7/22/98, order the abatemenl -sf a certain nuisance existing on the abz'.'e property prohibited by Ordinance ?i-4~, servin7 notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". :cu .~.l~, ~ '.~ ~a'.e such n.:sance; whereupon, it was abated by the expendit':re ~ ~ u/.:si~c funds at a direct cost of $ 45.00 and administrative c'~3t of $200.00 for a total of $ 245.00. Such costs, by Resolution o~ 'ne 5care of County Commissioners of ~]oil[er County, Florida, Lave teen assessed against the abo';e property on and shai' tecov~e ~ lien on the propert7 thirty '3C ~ays afte~ such assess~.er.t . show cause, ' f ~n'/, why %he expenses and charco~ ~:.~";rr..d by the County snouid n.' ~r. st :tute -~ [:~-L against the pr~pert'f. Zuch re tuost for hearing ru3' h~ :r ~ Je tO th.. "Jerk of the ~oard c~ ?>:nty Governr, er.t Cer. ter, Naples, Florida ],1112 in writln7 within thirty (30) days frcrr, tn.- L:',. '_,f tn~2 ,ssessment to be '.'a~Jd. Ci,E~;K, ~OAP, D OF CCUHTY CSce 9- i 3: 16A 7 PESOI,UTIC,:] NO. 99-...~~__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUIS;MNCE, IN ACCORDANCE WIT}{ ORDINAIICE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct cor;l~.q abatement of certain nuisances, including prescribed administrativ~ cost incurred by the Count7', shall be assessed against sur:h and WHEREAS, the cost thereof to the County as ~:o each pa~-c'r, 1 shall caicu!a%ed and reported to the Eoard of County Tcmmissioner~, ~ogether w~th a de~rriptton of sa~d parcel; and WHEREAS, such assessment shall be a legal, valid and obligation upon the property against which made until paid; and '..L[EREAq the assesr;m~:%t shall become due and payable lhirtty (~0) sh~!i accr':e ~t a rate r f twelve percent '12.-~ per ar:n,;m en any N'.;';, E'HEPKFORE, ~{E i'7 RESOi,VI.iD N'F Ti~E BUA~D qF COMMY:TSTO):ER~ CF CGLi,iER COUNTY, FLCRiDA, tha': ~he ~,ro?.~tV d,~sqI i t"~t as fellows, and having ~een abated of a publi.? n.~isdnce aft.,,t d~w, and ~he' fc]!cw!n~ costs of s,:ch abatement, to wit: N~E: LEGATION: Flora Acosta 35 Colonial Dr Naples, FL 34112 Lot 4, Block 5, Unit No: 1, Avalon Estates, a subdivision according to the Plat thereof as recorded in the Public Records of Collier County, Florida, at Plat Bock 3, Page 62 and recorded in O.R. 686 at Page 457. $245.00 REFERENCE: 80807-008 #22623480001 the -:wt..-:r '-r owners ~[ the above described ucccr-it:.': 'iq iv.q, ':::le:~ r:'~ch dire':t~cn is ~'.a'.'.,-i l',, .. · . ~eal : "h-': lr~s~fln~.%n'l -~ the EOAPD CF ?';%".:TY CO:.:?{ I SS ' Cr)LL;ER CC';:ITY, FI,©PIIfA BY: ' / ,, / / ; /,..'(' t. / ;amela S. Mac'Kie, ChaL{'woman 2467577 OR: 2539 PG: 1364 lt,'l;llII! it, ll:21illl NI~I? i. IBOCl, C%lltlI 11¢ Ill ii. Si ~llI l,tl BOARD OF COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Flora Acosta 35 Colonial Dr Naples, FL 34112 REFERENCE 80807-008 #22623480001 *** 0Er 2539 PG: 1365 LEGAL ZE.:CV-::7 :t?:: Lot 4, Block 5, Unit No: 1, Avalon Estates, a subdivision according to the Plat thereof as recorded in the Public Records of Collier County, Florida, at Plat Book 3, Page 62 and recorded in O.R. 686 at Page 457. You, as the owner of the p[operty above described, as record,rd ~n the records .-alntained Dy the office of the Property Appraiser, ,~rc? ad';!se~ 'hat the Compliance Services Manager, did on 8/14/98, abatement cf a certain nuisance existing on the above property prohibit.~d ky Qrdin-:nce ~1-,1';, ser'.'lr.-~ nttice thereof u..'.on y-.,;, such nui~;an~',, OVERGROWTH (URBAN) : Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". ex[.en~t .r.. -.1 p'=:.l:q func~ at a direct cost of $ 45.00 and administra'~'.'e its% cf $200.00 for a total cf $ 245.00. Such ,:nsts, by ~esol~]t!~ n 0~ the 59ard o~ '~ounty Commlsslcners c~ CDil%er County, ~AP Elor=da, have oeer. assesse~: ~]alnsc the above property on and shall become a l~e~ cn the property ShCW 2~ ~:.":, ~ i ~R .,', Why tF.r ~:>'.p~IS,>~ :~'I ;R.~I I~ '.:, ';~ SQ~ I;y ~ ~ ~lIl~ y un,er tnls ~ulr~an'Te are ur,warra~'r:~l or e:.:~,,:;s:',',~ r wh':.' su,'h hear:ng must he macie ~c t.k,~ ';[.~rk of the Beard o[ ~;o'.nt'f Government Cext~r, ::aples, ?'l,,:-:da q.;ll. ~n wr~t:.r.'~ within th:it7 · days from ,_n,~ ua' .. ,[ t?'.': ,r: -,,ss~r~n' ' o be '.'al CSce a_ l/ u ~ 16A -? RESOLUTION NO. A RESOLUTICN OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to th,? County as t~, each parcel shall be calculated and reported to the Board of County Commissioners, together with a descrLption of said parcel; and WHEREAS, such assessment shall be a !ogal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after %he malling of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.~%) [.er annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO%~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~AME: ~ COST Daniel Liy 5102 NW-7~ St #614W Miami, FL 33126 LOT 20, BLOCK 198, GOLDEN GATE, UNIT NO. 6, ACCORDING TO PLAT IN PLAT BOOK 5, PAGES 124 THROUGH 134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. $245.00 REFERENCE: 80909-098 #36315560005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (~0) days hereof, a certified copy cf this Resolution shall be recorded in the official records of Toiiler County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Th~s Resolution adopted after motion, seccnd and ma3or~ty vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK / AP~B~%~D~ AS TO FORM "AND LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' ,~amela S. Mac'Kie, Chairwoman 2467578 OR: 2539 PG: 1366 IIICOJuiB Jo OI*I*IClIL LICOID3 of COLLIil t~/2tll~l~ It il:NH ~l[~ i. BI~I, ~lt[ ftc fll 10.51 CO?Iil letn: BOARD OF COUNT! COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Daniel Liy 5102 NW-7~h St #614W Miami, FL 33126 REFERENCE 80909-098 #36315560005 LEGAL DE.2':?ii'71%:i: DATE: LIEN NUMBE~: *** OR: 2539 PG: 1367 *** LOT 20, BLOCK 198, GOLDEN GATE, UNIT NO. 6, ACCORDING TO PLAT IN PLAT BOOK 5, PAGES 124 TMROUGH 134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the pr,~perty above described, as zecorried in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9!-,:7, serving notice thereof upon you, such nuisance being: OVERGROWTH (t~BAN): Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such n~sance; whereupon, it was ~bated by the expe,qd~ture -~f D'.;?~/:' fun~J~ at a direct cost. of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by ~esolution of the Board of County Co~issioners of Collier County, ~lorida, have been assessed against the above property on and shall become a lien on tke property thirty (30) day~ after such assessment. You may request a hearing kefore the Board cf Count}' Co~issioners to show cause, if ar.:', wk¥ tn~ e:<penses and c~arge:{ [n~ urred by ~h~ County under this OI,]iE]Ece are unwarranted or exf'r~sslv'~ o[ why such r~xpenses should not constitute a i ~en ~]gainst the property. Such r,~qu,,:~t for hearing must ~e made to the Clerk of the Bcard of C~,unty Commissioners, Government Center, Naples, Florida 34112 In wrltln': within thirty days from %he date of this -~ssessment to b,~ valid. CLERK, BOARD OF COUNTY COMMiFSIONEP:: CSce 9- i /'~-~ A G R E E M E N T L6B /4. 'l'[[l.'q ,,\(iIt. liI:,MF. NT. made anti entered into on this - ~. ~)~z' day of ! t '.* ir- [,,__ . ..... IO~"~_, by and betv;een hnrnokalcc F)isposal. Inc. hereinalter called the "('ontraclor' and Collier County. a political subdivision ofthe .C;tale o1' I.'lorida, ('oilier (',untx'. Na qes. hereinafter called the XV ! T N E S S E T I1: I. C O.'q .M !-: N C E.M I'; N T. The ('ontractor shall cornmence the work the first da,,' of the month fi)llov, ing the execution of this agreement The contract shall terminate on September 3o. 2OOl The ('otltllv Administrator may. at his discretion, exlend this Agreement under all ol'lhc tc~ ms and conditions contained in this Agreement tbr up to two (2) additional one ( I ) ye;u periods The County Administrator shall give the Contractor x~'ritten notice of thc County's intention to extend the Agreement term not less than ninety (90) days p~ior m the end of the Agreement term then in effect. 2. ST. VI'EM ENT OF '~V()RK. Thc ('ontractor shall provide multi-family recycling service on a mandatory hasis in accordance x~ ith the terms and conditions of the specifications of the ('ontracmr's proposal dated March I I. 1004. hereto attached and made an integral part of this Agreement and any applicable provisions ofthe 109o Solid Waste ('ollection Service · Xg~cemcnt belx~een ('ountv and Contractor incorporated herein by ret~'rence, as amended 3. TIIIq ('()NTRA(,T Through the ('tmtraclor's commercial billinu system lite ('ontractm shall collect thc unit price a~ indicated in thc Contractor's proposal fi~r Iht pcrfi~rmancc of'this Agreement [$ ~a per m,mh. or$1l -lt~ annually t~,' ;q, proxmlatclx 2.t, gf~ units in llmm~kalcc. I It,ida) 4. N()'I'i('ES All notices from lhe ('ountv to the ('cmtractor shall be deemed duly served i1' mailed hv registered or certified mail to the Contractor at the fi')llowing address hnmokalee I)isposal. Int' 120 W Jefferson A~cnuc Immokalee. Florida .'141.12 All noticc~, frollt the Contractor to thc ('ountv ,,hall bc deemed duly scrx cci if mailed 16B by registered or certified mail to thc County to: Collier County Solid Waste Department Collier County Government Center l leahh/Community Services BIdg 3301 Tamiami Trail East Naples. Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing 5. NO PARTNERSIllP. Nothin~u herein contained shall create or be construed as creating a partncrshil~ bclx~ccn thc County anti the Comractor or to constitute the Contractor as an agent of the ('otmtv 6. PER.MITS: I,ICENSES: 'FAXES. Thc ('ontractor agrees to obtain and pay for all permits and licenses necessary, for the conduct of business and agrees to comply with all laws governing the responsibilily of an employer with respect to persons employed by the Contractor. The Contractor shall also be solely' responsible for payment ofany and all taxes levied on the Contractor In addition, the Contractor shall comply with all rules, regt,lations and laws oft'oilier County. the State of Florida. or the U.S Government now in force or hereafter adopted 7. EM PI.OYEES The Contractor shall employ people to work at County facilities v. ho arc hr.'al, clean, x,.ell- groomed and courteous 8. NO IMPROPER USE. The ('ontractor ,,',,'ill not rise. ~lor sutt'cr or perlllil an\' person Io ~lSC in any Illallrlcr wJlalSoever. ('ountv t~qcilitics fi~r any improper, immoral or ollk, nsix'e purpo~c. ,r Iht purpose in vJoJalJOll of any t~dcrnl, state. COtllllV or IlltlnlClpaJ ordinance, rule, ~*rder or regulation, or of any governmental role or regulation now in effect or I~crcaficr enacted adopted In the event ofsuch violation by the ('onlractor ofJflhe ('ountv or ils authorized representative shall deem any conduct on the pan of the Contractor to he objectionable or improper, the County shall have the right to ~uspend the conlract id'thc ('ontractor Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of Ibc County within txventv-four {24) hours after receiving notice such violation, conduct, or practice, such suspenskm to continue until the violation is 168 cured 'l'he ('ontractor further agrees not to commence operation during the suspen~mn period until thc violation has been corrected to thc satisfaction of thc County 9. TERMINATION. Should the ('ontracmr be found to have failed to perform his services in a manner saris(acme' to the ('ot, nw as per Specifications. the County may terminate this ,,\grccmcnt immediateh tbr cause Thc County shall be sole judge of non-performance The ('oun;v may also lcrminale this Agreement L~r convenience with a thirty (30) day wrillcn nolice 10. NO I)ISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed national origin II. INSIIRANCE. The Contractor shall provide insurance as follmvs. A. Com.I)rehensive General I.iabilit~ Coverage shall have minimum lin,ts of $1.000.000 Per Occurrence, Combined Single Limit for Bodily Injurs.' I.iabilitv and Property Damage Liability. This shall include Premises and Operations. Independent Contractors: Products and Completed Operations and Contractual l.iabilitv Business Auto I.iabilil '.LL.C'overagc shall have minimt,m limils o1'$1.000.~,,~ I'c~ Occurrence. ('ombined Single i.imit tbr Bodily In.iuD' I.iabilitv and Property Damage l.iabililv This shall include, Oxvned Vd~iclcs. I lired and Non-Oxvncd Vehicles and I{mployce Non-Ow nership (7. \S,'orker's Compensalio,~: Insurance covering all employees meeting Statutory IJmits in compliance with the applicable state and federal laws S.S.S__necial Req.nirements: Collier County shall be included as an Additional Insured on both the Comprehensive General Liabilh¥ and Business Auto I,iabilitv Policies Current. valid insurance policies meeting thc requirement herein idcntilicd shall be maintained by Contractor during the duration of this Agreement Rcnev,'al certificates shall be sent to the County thin.,,' {30~ days prior to any' expiration date ]'here shall be a thirty (30~ day notification to the COt,htr in the event of cancellation or modification of any stipulated insurance coverage 16B 4 ('untraclor shall insure that all subcontractors comply x~ith Ihe sallie insurance requirements that he is required to meet The same Contractor shall provide County xvith certiticates of insurance meeting the required insurance provismns 12. INDEMNIFICATION. The Contractor/Vendor, in consideration ofTen Dollars ($10 00). the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract tlr x,,ork perfilrmed thereunder. This provision shall also pertain to any claims brought again.~t tl~c ('ountv by any employee of the named Contractor/Vendor. any Subconlraclor. or am;one dircctor~' or indirectly employed by any of them The Contractor/Vendor's obligation under this provision shall not be limited in any wa.,,, by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of. or lack of: sufficient insurance protection 'Fh¢ first Ten Dollars ($10 00) ofmonev received on the contract price ix considered as payment of this obligation by the County This sect ion does not perlain ltl any incidcn! arising from the ~ole negligence of ('oilier 13. Tills A(; RE EM ENT shall he administered on behalf of thc ('OUnlv Iw the Solid x.\~astc I)epartmcm 14. (/OM PON ENT PARTS OF Tills CONTRACT. This Contract consists of this Agreement and the attached and/or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim Contractor's Proposal dated March I l, 1994. Insurance Certificate, Perlbrmance Bond. and any applicable provisions ofthe 1900 Solid Waste ('olleclion Service ,\ureemcnl bctxvccn County and Contractor incorporated herein hv reference, as amcnd'~,d 15. IT IS I:I'I~,'FIIER I;NI)EI,IS'FOOI) ANI) A(;REEI). bx and betxxcen thc part~cs herein that Iht within contract is subject to annual appropriation by thc lloard t,f ('oumx ('OIIlIlllS~IOI1CFN 168 IN WITNESS WIIEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on thc date and year first above written BOARD OF COUNTY COMMISSIONF. RS COLLIER COUNTY. FLORIDA I¢',,::. c:/.:,~'~' 7 4 , t Type/print witness name .... ] '"'-',~.'5c Address and Telephone Immokalee Disposal, Inc. Contractor Signature barry L..___C_oJ Ii B ~_Vjs e__ P_r e si den t Second Witness'-/ Type/print xyitne~s n~me Add'ss and Telephone CORPORATF. SEAl. {corporations only) Approved as to tbrm and legal sufficiency. DATE: March 11, 1994 TO: FROM: Dave ~Russell solid .Waste Management Director Building H 3301 Zamiami .Trail Naples, ]~lortda 33962 Laxity. Collins, President lmmokaleeDisposal Xnc. 16B BIDDERS 'PROPOSAL MULTI--FAMILY iRECYCLING '~ROGRAM PERFO~'IANCE BOND A~D INSURANCE To my understanding, all bond and insurance requirements should be covered under our current franchise. POTENTIAL RECYCLA~LES Newspaper Plastic containers Clear and colored glass Aluminum and tin cans RECYCLING CONTAINERS All recycle bins and containers will be provided immokalee Disposal. 16B 4 MULTI.FAMILY 'RECYCLING COST (1 - 5 YEARS) Cost per unit for: I YEAR Mandatory Voluntary $ 1.38 1.91 2 YEARS Mandatory 1.10 Voluntary 1.87 3 YEARS Mandatory 1.02 Voluntary 1.74 4 YEARS Mandatory 1.02 Voluntary 1.74 5 YEARS Mandatory .95 Voluntary 1.65 CONTF_ACT LENGTH 5 ?'ears reccm~e.-.ded STARTING DATE August i, 1994 BiLLiNG Immokalee Disposal will be responsible for al! hi!!inq and collection of payments. TITLE OF RECYCLABLES All recyclables and revenues~collected are the property of Immokalee.Disposal. COMMENTS Due to the high turn.over, in some.~ental'units, Ir~okalee ~isposal expects ~o~eplace-25'percent of the recycle bins each year. Because I~moka!ee is a small.town, mandatory participation with_no~exception-~s'essentia! _for the success'of -multi-family =ecycling. Word-spread:~ very_fast if anyone is~exempt,' which will undermina the whole program. Sincerely, 16B RESOLUTION NO. 99-_L2./~__. RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REVISING TItE ELIGIBILITY FOR MEMBERSlliP ON TilE NAPLES BEACll RENOURISIIM ENT/MAINTENA NCE COMMITTEE. WItEREAS. thc Naplcs Bcach Rcnourishmcnt/Maintcnancc Committce consists oF clcvcn( I 1) voting mcmbcrs; and WtIEREAS. fivc (5) mcmbcrs of thc Naplcs Bcach Rcnourishmcnt/Maintcnancc Comm~t~cc arc appointcd by thc Board of County Commissioncrs; and WtIEREAS. thc currcnt County rcsolution rcquJrcs thc fivc (5) mcmbcrs appointcd by thc Board of County Commis$ioncrs to bc from thc unincorporatcd arca of Collicr County; and WHEREAS. prior to its incorporation, rcsidcnls from Marco Island wcrc c]igiblc for appointmcnt to thc Bcach Rcnourishmcnt/Maintcnancc Committcc; and WHEREAS. thc County dcsircs lo havc rcprcscntat~on from Iht City of Marco on thc CommiHcc NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that I It ,s hcrcby dcclarcd that applicants rcsiding within thc unincorporatcd arca of Collicr County or x~ithin any municipality in Col[icr County shall bc cligiblc for appolntmcnt by thc Board of County Comm~ssioncrs to thc Naplcs Bcach Rcnou rishmcnt/Maintcnancc Commiltcc. 2 This Rcsolut~on shall supcrscdc Collicr County Rcsolution No 92-656. 3 Th~s Resolution shall takc c£fcct immcdiatcly upon adoption. Th~s Rcsolut~on adoptcd thi.no,.:____._~da.~' of ~L.Z.2_::.' ~' . 1999. aftcr motion, sccond and ma}orit.~ ,,'otc favoring samc ATTEST :Approved as to ~'orm and legal Assistant Coun.ty Attornc) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA . Pamela S Mac'Kic. C'ha~r~oman 16B SOUTII COUNTY REGIONAl., WASTEWATER TREATblENT PI.ANT EXi'ANSI()N AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT 1 This Amendment No. 7 to the AgrecTl~ent dated March 15. 1994 (hereinafter "AGRI';EMF~NT") is made anti entered into thi~.~-'~ day of _/~qff_CLzx.__, 1999, by and between lhe Board of County Commissioners for Collier County, Florida. a political subdivision of thc Smlc of Florida and (io,,'cming Board of the Collier County Water-Sewer l)islrict (hereinafter referred m as the "()WNER") and Ilolc. Montes &. Associates. inc.. a Florida corporation, mflhorized Io do business in Ibc State of Florida ,,vhosc business address is 715 Tenl}~ Slrect .q,ulh. !'.¢). Box 1596. Naples. Florida 341(16 (hereinafter referred to as thc "CON.ql j I .TA N'I "}. W I TN E S S E T !! Vv'I II'~RI'.'A:q. {)WNI'.'R and C'()NSUI.TANT currently have a valid profcssicmal services agrccmcn! fi~r thc pr,,visi,m nf pr,,fcssional serviccs for Iht South ('ounty Rcgi,mal Waslcwatcr Trcatmcm l'l:mt I.Xpansion (hereinafter referred to as 'I'ROJI-X"I'"I. said services more tidlv described in said ..\t iRI:.I(MI';NI': and WIII(V.I(A.'-;. ()WNI'.'R and ('(.~N.'qIII/I;\NT agree some m(,diiical,ms t(~ thc being c;n'llcnlp1;llcd tJndcr said A( iRI:.I~Mi~NT arc llccess;.lry; and WIII.]{I{A.'q. (,()NSIJI/I'ANI' represents that he has thc cxpcrlisc and thc type o1' professional scrx ices fha! u.'ill I*.: required fi~r completion orthe projecl. N(~W. I I Il!REFt )Ri'L in consideralion of Ibc mutual co%'cnanls and ira;visions c,mtaincd herein, parties agree as I'olh)%¥s: AIt/ll('1.1{ ( }NI I.I. ¢'( )N.'$1 '1 IA'. I sh:dl I',r~,.'idc t,~ { }WNI(R prolc.,...,i,m.d cm_!inc,.:rmg scrx icc:~ in :ill Ifllascs of tl~c pr,,icct t,, ',,.lfi,.:h fl,s ..x. mcndmcrll appli,,.'s. 1.2 ('t ~NNI '1 f ..\'. I '.h:,ll pr,vide pr,,li:ssicmal .,,crvicc~, m addili,,n h, Ihosc a.. ~,,llincd in said ,,\~ iRI!I.\ll, x. I :~:. :~, ,~cd m Schedule A (,flhis Amendment. a~, att:,chcd hcrct,, 168 ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WItEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: Assislanl (,ounly Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A'POI.ITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO TIlE GOVERIq'ING BOARD OF TItE COLLIER coUNTy wA'rER' SEWER DISTRICT. By: Chairperson Witness I IOI,F,, M()NH'~S & ASSOCIA'I'I-;S, IN(:. Ronald E. Benson, Jr., Ph.D., P.J~ Vice President Witness (CORI'(IRATE SEAl.) ,~\1 tM A _NA PLF. S.,W 1., i ~.,~3\ 19~3134\RF. RATI NG~AM ENDN()7 DOC -2- SUPPLEMENT NO. 7 TO SCHEDULE A SCOPE OF SERVICES lIMA FILE NO. 1993134 13 This serves as a supplement and clarification of Schedule A. Scope of Scv.'ices tis provided in the I'rofcssional Services Agreement dated March 15. 1994. '[his project amcndment consists of that work that is necessa~' to evaluate thc South Water Reclamation Facility for the potential of handling higher flows than currently permitted and to apply £or a rotating of thc facility by the Florida Department of Environmental Protection (FDEP). including design of any modifications to thc facility required in order m obtain this rerating. Thc scope I'IIASE II-A WXV'FI' Design A.2 Design Report ('ONSUI,TAN1' will perform an evaluation of the recently upgraded South Water Reclamation Facility in ordcr to assess the potential for expansion of the treatment capacity of thc facility in excess of that which is currently permitted by FDEP. In particular, the maximum hydraulic capacity of thc facility and thc ability to handle peak organic loadings will be investigated. 'Ibc current pcrmiucd capacity of the facility is 8 million gallons per day (MGI)). Thc associated peak la,mr hydraulic capacity is 18 M(il). A review of plant flow records will bc performed in order t,~ confirm or revise thc necessary peak hour hydraulic capacity of the plant. In addition, thc raced to handle peak instantaneous Ilov,'s greater than 1~ MGI) will be inve.qigated. Each trcatn~ent process will be evaluated in order to determine thc nmxinmm capacity Ii~r treatment ol b~,lh peak lh,x~s as well as sustained Ilox~s. tn additi, m. rite peak capacity of thc piping that interconnects each treatment process will hc cxaluatud In Ibis manner, thc areas of thc existing thcilitx that have thc smallest capacity will bc determined, as well as dctcrminalion of thc capacit5 ,ffcach indixidual unit. Ibis inlbrmation will then be used m determine thc maximum cz~p:~cit5 ~hat Ibc f~cilitv can sustain in an "as is" c{mfiguration. ('orrcctivc actions and o~.rational enhancement improvements thut can be implemented prior to thc ncxl peak season pcri,,d ~no later than Janua~' 2000~ will bc idcntillcd I:olh>x~ing identification of these immediate impr,~xcmcnts, a Design Report review meeting ~¥ill be conducted to recommend immediate acfi,,n,. Ahcrnativc methods of procuring last-track construction services will be discussed. ~IIMA NAPI I.$ S~ I' I~,~I I,~'~1134 RI:PAIlN(Jx..SC'OPI-. ( ~F .SI. RV~/IX K - l - 13 Follo~ing idcmilication of thc immediale improvements, the potential lbr expansion of thc capacity, of thc SCWRt: will ~ further invcsligalcd. Those improvements that would be neccs*a~' Ibr each 1 M(;I) in additional capacity will be idcntificd (Ik~r average daily flow talcs ranuine ~'rom g M(;I) to 16 MGI)) including appropriate peak llow factors. A second i)csi~n Ream review meeting will ~ conducted lo idcntil3' those improvcment~ that x¥ill need to bc implcmcmcd m a phased manner over ll~c next five 5cars as well as lhosc that will need to bc implemented ,,xcr thc nexl ten m fifteen master plan lbr furore groxxth and cxp',msion of the I::dh)x~ing c,m~plction of the tasks outlined aboxc, a report will be prepared outlininp thc findimzs ,,f lhi., in,.c..;ti~ation including prdiminar? opinions of probable ¢onstructiem cosl and annuai ()&M cost5 and a proposed implement~,lion ~hedul¢ for each improvement identified. C()N.ql ;i.l ..\N I' xxill furnish live (5~ copies of the prcliminao' draft l)esign Report and conducl a meeting with l lWNI(R to present the pr¢liminao' draft Design R¢lx~rt Ibr OWNER's rcvicx~ and appro~,l ¢',mmenls from tile OWNER ~ill be incorIx~rated into a final Design Rcporl ('ONSI '1.I AS; I will furnish five 15) copies of thc final Design Rclx~rt. I'llA.gl-2 I l'rcliminar) Services Al.4 ('apacit3' .\nal3~,i,~ Report ('{)N.".;I'I.'I:\NI x,.tll prepare a ('apacib :\nal.x.,,i.,, Rcp,,rl for the ',;mllh ('ot,nt5 \Valor Rcclamati,m I. acilitx service area nlecting I l)l:}' rcgulalit,n~. (.'()NSI ~!.'1ANI will l'urni~h five ~ o,pic, ,,I' d~c (~rcliminarx draft ('apacit5 Analysis Report and conduct a mcc~inF with ()~VNI:R l,~ prcscnl thc prclit~finar5 draft Capacity Analssis Rcp, m lot ()WXI-R's rcvicxv ami appr,,~al ('~mm~cnb: tkmn thc ()WNI(R will be ino,rporated into a tinal ('apaci~ Anal\sis Rcp,,rt and ('( iN%I '[.'l AN I' xxill fumi,h lixc {~)c,pics ,,t' thc Iinal ('al',acil~ .Xnal'.~i~ Rcp,,rl Iht ()XX Ni R x,.lll ,ubtnit lJli~ rcp~,n I,, I,I)l'P. AI)I)i'II()N\I. Reuse ,Master I'l:m At thc dine that application is made to FI)I:P for a new pcrmi! lbr thc South ('ounly ~V;ttcr I{cclamath,n [acilitv an uDlatcd Reuse Master Plan will nccd t~ ~' submitted. ('()NSI ~1.'1AN'I will prepare an upd:~tc t,, thc Reuse Masler Plan t,, include current planned improxcmcnts as xxcll ('l,tllltX kk'utcr l(cclamamm I'acdit}. ('()NSI'I.IANI will furnish l~xc 15) coplc~ ol lite prclin(inarx &alt { 'pdatc to thc J&cu~c NJaMcr Plan Report and omducl a ;ncctm~ xxith ()WNILR t,~prcscnt'tl~c prclimina~ draft rcp,,rt Ibr{}kVNl'R'~rc~ic~x and appr,,xat ('~,mmcnts lk, m~thc ~)WNER will bc ino,rp,~ratcd into a linal report and ~'~ ~%$1 I. IANI xxill lurnish lixc (5~ copies of the linal report. [he OWNER will subnm lifts report to }' I)EP. IIM-X ",Al'Il ', ¥, P I'~',; I'e~ ;I ;1 RI RAIIN¢, %( I)1'1 I}l ~,1 R", ",la ~, ")- l'crmittin~Approvals CONSUI.TANT will prepare the permit application package for submittal to FDEP.for feinting of thc South County Water Reclamation Facility. Copies of the Design Report, Capacity Analysis Report and Reuse Master Plan will be included with the application. CONSULTANT will meet with FI)El' to review the submitted materials and prepare any written r~:sponses to FDEI' rcxicw questions. OXX,~ER will pay all permit application and processing fees. 13 SCIIEDULE B -ATTACIIMENT A Amendment No. 7 SCllEDULE OF FEES FOR BASIC SERVICES 16B 3 PliASE iI-A \VWTI' l)isi.nfection System A.2 I)csign Report A.3 l'rcli~ninary Design A.4 Final Design A.5 Bidding Services A.6 Contract Administration PIIASE II-A Royal Palm Irrigation Pump System A.2 I)csign P, cporl A.3 t'rcliminary Design A.4 Final l)csign A.5 Bidding Sen'ices A.6 Contract Administration PIIASE II-A WWTI' l)csign :\.2 I)csign P, cport :\.3 I'rcliminary l)csign ,,\.4 I:inal [)csign A.5 l~idding Services A.5. I Reclaimed Water I'S/Elcc Bldg - I{quipmcnt A.5.2 Reclaimed Wmer I'S/Elcc Bldg - ('onslmction A.5.3 Phrase I Improvements A.6 Contract Administration A.6. I Reclaimed Water i'S/EIcc Bldg - Equipment A.6.2 Reclaimed Water PS/Elco Itldg - (Mnstruction A.r,.3 Phase I Improvements Current Bud eg~__ $2,800 $10,300 $3,900 $1,600 $9,700 $500 S5,600 $1,600 By Owner By O~mer $2t9.000 S73¢L000 Sl 50.000 $ I 0.000 S 15,000 $30.000 $20.000 $120,000 $355,000 Amendment No. 7 $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5.6{)0 $ !,600 By Oxvncr By Owner $290.000 $750.000 $ 150.000 $1o.0(}0 $15.000 $30,000 $20.000 $12(I.000 $355.000 'OlIMA NAI'! ! h ¥. I' 1'?'}3 I,,.~3134~RIiRATIN¢~d',A'llB- A I)~ - ] - PIIASE ll-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE I,AKEWOOI) A.2 Design Report $9,000 $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $24,000 $24,000 A.5 Bidding Services' $6,000 $6,000 A.6 Contract Administration $35,000 $38,000 PIIASE II-D EFFLUENT STORAGE EXPANSION A.2 Design Report To Be Determined To Be l)ctcrmincd A.3 Preliminary Design To Be Determined To Be I)etcrmincd A.4 Final Design To Be Determined To 13¢ l)¢tcrmincd A.5 Bidding Services To Be Determined '1'o Be I)ctcrmincd A.6 Contract Administration To Be Determined 'ro Be l)ctcmfincd ~.~11MA_NAPI.liS',~,'P~ I~~, 1~)931 t4\REILATINGL~I III- ADOC -2- l 13 SCIIEDULE B- ATTACHMENT B CONSULTANT'S EMPLOYEE IlOURLY RATE SCIIEDULE Principal Enginccr VI ................................. : ......................................................... $ Environmental F. nginccr V ................................................................................... $ I-~nvironmcntal I'Mvironmcntal linvironmcnlal Environmental llnvironmenml Engineer Tech Engineer Tech Engineer 'Feck Engineer Teen Engineer Tech I ..................................................................................................... $ Conlracl Adminislmlor (P.E.) ............................................................................... Conlmcl Adminislmtor .............................. z ......................................................... 130.00 120.00 Engineer IV ........................ : ......................................................... $105.00 F. ngin¢cr III .................................................................................. $ 85.00 Engineer II .................................................................................... $ l'inginecr I ..................................................................................... $ Operations Specialist .......... ; ......................................................... $ IV .................................................................................................. $ Ill .................................................................................................. $ Il ................................................................................................... $ per hour per hot,r per hour per hour 70.00 per hour 55.00 per hour 70.00 per hour 65.00 per hour 60.00 per hour 55.00 per hour 50.00 per hour 40.00 per hour 80.00 per hour 65.00 per hour Construction Field Representative IV ................................................................... $ Construction Field Representative Iii ................................................................... Construction Field Representative Ii .................................................................... $ Consm~ction l-icld Representative l ...................................................................... $ Senior l'lanncr ....................................................................................................... $ Planner .................................................................................................................. $ Surveyor V ............................................................................................................ $ Su~'cyor I V. .......................................................................................................... $ Surveyor I11 ........................................................................................................... Survey Tcch IV. .................................................................................................... S Survey'loch III ..................................................................................................... $ Survey 'I cci1 I[ ..................................................................................................... Survey 'l'cch l ........................................................................................................ 2 Man Survey( 'rcxv. ............................................................................................. 3 Man Survcs' {'rcx~ ............................................................................................. ( ;PS ()peramr ........................................................................................................ $ Technician I V ........................................................................................................ $ 'Ikchnician Ill ....................................................................................................... '[ cchnician II ......................................................................................................... 'l'echnician I .......................................................................................................... 65.00 per hour 55.00 per hour 45.00 per hour 35.00 per hour i 00.00 per hour 70.00 per hour 95.00 per hour 80.00 per hour 60.00 per hour 55.00 per hour 50.00 per hour 45.00 per hour 40.00 per hour 85.00 per hour 98.00 per hour 65.00 per hour 45.00 per hour 40.00 per hour 35.00 per hour 30.00 per hotJr This Fcc Schedule is effective fi~r one year from date of the I.E'ITER A(;REEMENT. SCIIEDULE B - ATTACilMENT C Amendment No. 7 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase I A.I Preliminary Services A. I. I l'reliminar2:' F, nginccring Rcl~rt A. 1.2 P, cview of Odor Control A. 1.3 Review of Effl. Disinfection A.I.4 (.'apacity Analysis Report A.1.5 Conditional Usc Applic. A. 1.6 ()dor Control ('nmmincc Phase II-A XVXV'I'i' I)isinfcctinn System A.7 [)trailed ()bscrvation Phase I I-A Royal Palm Irrigation Pump Station A.7 Detailed Obserxation Phase ii-A W'O,'TP Design A.7 I)ctailcd Observation A.7.1 P, cclaimcd Water l'S/Elcc. Bldg. - ('()nstruclion A.7.2 I'hasc I hnprnvcmcnls Phase II-B Deep Injeclinn Well A.8 I)ata Rcvicxv and System A.9 I)csign and ('onslructJtm I'crmit .,\pplication~, A.ga Add 2nd I)ccp \\'¢11 I)csign & I'cnniuing A. 10 \Veil ('onstn~ction ( }bscrx alion and 'l'csting A.I I Rcpor~ A. 12 ( ~pcrating Permit Application Current Amendment llud~ct No. 7 $172.000 $172.000 Incl. Above Incl. Above Incl. Above Ind. Above $15.000 $25.f)00 $35.000 $35.(1(}0 S 35.000 $ 35 .¢1()0 S3.700 $3.7o¢) !!5' Owner Ilv( )wrier $911.000 $9{l.()( S265.000 S43.ooo $9(}.()Ill) $9( L0(/0 525J)0o 525.11()() $37~).000 Sqh.0()l) $36.000 '~\IIMA_NAPI.I.~, ~&'? 199t 1q'};134 RIlRAIING~.~cA.'IIB4f IX.R_' Phase II-C Reclaimed Water System Upgrades to Sern'e Lakewood A. 13 Detailed Observation $16,000 $16,000 A.14 Sun'eyin,g/Easements $22.000 $22,000 A.15 l'cmfitting $6.000 $6,000 tX. 16 Startup Assistance $5.000 $5,000 Phase I1-I) Effluent Storage Expansion A.17 I)ctailcd Observation 'Fo Be Dctemfincd A. 18 Surveying/Easements To Be Determined A.19 Pcmfitting To Be Determined A.20 Startup Assistance To lie Determined Additional Sen'ices $30.000 $30,000 $75.000 $I0.000 $2,000 $15.000 $40.000 $50,000 $.15.00¢} $8.000 $10.000 $103.696 Sun'eying Permitting/Approvals Reu~ Master Plan Reimbursable Expenses Geotcchnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational .',;uppon Sc~'ices \Varramv Inspection Fl)El' Operation l'¢rmit FI)F.I' .C, RF .Management To Be i)ctcrmincd To Be Dctcrmincd To Be Determined 'I'o Be I)etcrmincd $30,000 $40,000 $100,000 $10.000 $2.000 $15,000 $40,000 $50.0{}0 $35.000 $8.000 $10.000 $103.696 13 elIMA_NAPI I~q'~.~.I'I'~,~3'I993134'RI:RATING'.SCItI~4 IX~' -2- SCtiEDULE C Amendment No. 7 PROJECT SCllEDULE 16B 13 I'rcliminan.' Engineering Report Conditional Usc Application Capacity Analysis Report Rcvicxv Sleeting l)raft Rcp,~n Final Rcp,,rt Odor Advis~n' Panel WW'FP l)isinfection System l)csign Report Preliminary I)¢sign Final Design Bid Services Construction Contract Admin. Detailed Observation l'crmitting/Appmvals Royal Palm Irrigation Pump System l)csign Report I'rcliminarv Design I'inal Design l'crmitting '..\ppr. vals 'sVVCI'i' Design Report Rcvicx~ Mccting- Immediate Actions Rcviexv Meeting - l'hascd I:xpansion I'rcli~ninar~ l)rafl Report and I)rafl I'e~il Application I-inal Rcp.n and Final I'crmit Applicatim~ Reuse Master Plan l'rcliminary I)rafl Report Final Report Complete Complete 30 days after authoriT:~ti(m 15 days after comments 15 days after commcnls On-going Complete ('omplctc ('omplctc Complete Complete Complete Complete Complete ('omplet¢ ('ompletc ('-replete 30 daxs after authoriTati~m 60 dax s after authorizati.n I 5 (lax S afier c~)mmcnts 15 days after comments 60 days after authorization 15 days after comments ',xl IMA _N^ I'Ll; $',W ?~10ot, I ~,~11 Il'RI. 113, f I N(/,.~s('l K'.PRI )J ~ '11 [XX: - ] - Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well ('nnstruction Testing Repons f)perating Pernfit Appl. Reclaimed Water System Upgrades Dc.sign Report Prelimina~' Design Final Design Bid Sen'ices Construction Contract Admin. Detailed Observation Su~'eying/Enscments l'crmiltJng Startup Assistance Effluent Storage Expansion Design Report l'reliminaq:' Design Final Design Bid Services Construction ('ontracl Admin. I)ctailcd f )bserx'ation .<,urvcying [..ascmcnls l~crmitting .'qlarl u p ..\.ssisl:mc¢ WWTP Design Preliminary Design Reclaimed '¢,'mer P.";'l:lcc. Bldg. Phase I hnprovements Final Design Reclaimed Water PS Elco. Bldg. l'hase I Improvements Surx csing (icotcchnical Site Inxcsligalion Complete Complete Complete Complete Ongoing Complete Complete Complete Complete Complete Complete Complete Complete ('omplctc To Be Determined To Be Determined To Be Determined To Be Determined To Bc I)etcnnincd 'I'o Bc i)ctcrmined 'Io Be I)ctcrmined 'I ~, Be I)clcrmmcd '1 ,~ Bc l)ctcrmincd ( 'olnpJctc' ( 'omplelc ('omplclc ('omplclc ( 'omplclc ( 'omplclc 13 V, IIMA. NAPI ILS ~ p I,~, J I,,'93134',RERATING'.~ItC-PROJ V.'II I)~K' -2- 16fi WWTP Construction Phase Services Bid Sen'ices Reclaimed Water PS/Elec Bldg Phase i Improvements ~ Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements .~ i Detailed Observation "~' Reclaimed Water PS/Elec Bldg Phase I Improvements Stanup Assistance Reclaimed Water PS/Eiec BIdg l'hasc I lmprovcmcnts Complete Complete Complete ' Ongoing . Complete Ongoing Ongoing Ongoing \:i IMA_NAPI.E.9.WP 1993\ 19931 ]4\RERATING~.~K'IlC-PROJ SCII.DOC -3- 16£ INTERLOCAL AGREEMENT FOR FUND SHARING: NAPLES BEACH ACCESS IMPROV'EMENTS PROJECT NAPLES LANDING PARK IMPROVEMENTS PROJECT AND EDGE SKATE PARK IMPROVEMENTS PROJECT THIS INTERLOCAL AGREEMENT. BY AND BETWEEN C(,llie,' County. CCounty"): anti the City of Naples. CCity"): WHEREAS. the Board of County Commissioners for Collier County has approved funding assistance to the City of Naples for the Naples Beach Access Improvements Project: and WHEREAS, this funding was approved in the 1999 fiscal budget for Collier County; NOs, V, THEREFORE, in consideration of the covenants contained herein, the County and the City hereby agree as follows: Section 1. The County shall pay fifty percent (50%) funding of tho costs of the Naples Beach Access Improvements Phase II Project. payable as reimbursement to the City not to exceed twenty-five thousand dollars ($25,000). The City shall submit invoices for this Project to the County not later than September 30, 1999. Section 2. In the event that the current Beach Parking Intcrlocal Agreement between the City avd the County, dated November 5, 1997, should not for any reason have an effective duration ora full ten (1_0) years following tho completion of the Naples Beach Access Improvements Phase Il Project), tho City shall refund to the County the County's proportionate share of thc useful lifo remainder value of tho Naples Beach Access Improvements Phase II Project. Improvements to tho Naples Beach Access Improvements Phase II Project are deemed to have a useful lifo often (10) years. The subject refund shall bo based on tho County's funding contribution reduced by ten (10) year straight line dcpraciation of tho beach ,access improvements with no residual value. Section 3. The County will pay up to twenty-five thousand dollars ($25,000) for phase III refurbishment of the Naples Landing Park, payable as reimbursements to the City. The City shall submit the invoices to the County for said project not later then September 30, 1999. Section 4. The City shall not assess an additional admission fee, user fee. etc., to residents of Collier County (luring tho lifo of the project without prior written approval by an authorized County representative. In 16C the event that this stipulation is violated, the City shall refund to the County the County's proportionate share of the useful life remainder value of the Naples Landing Park improvement~. Improvements to the Naples Landing Park are deemed to have a u~fttl life of twenty (20) years. This refund shall be based on twenty (20) year straight line depreciation of the Naples Landing improvements with no residual value. Section 5. The County shall pay up to fifteen thousand dollars (S15.000) for improvements to the Edge Skate facility at Fleischmann Park. payable as reimbursements to the City. The City shall submit the invoices to the County for said project not later than September 30, 1999. The City shall not assess any additional admission fee, user fee. etc., to residents of unincorporated Collier County during the life of the project, without prior written approval by an authorized County representative. In the event that this stipulation is violated, the City shall refund to the County the County's proportionate share of the useful life remainder value of the skate park'., improvements. Improvements to the Edge Skate facility are deemed to have a useful life often (10).;'ears. This refund shall be based on ten (10)year straight line depreciation of the skate facility improvements with no residual value. Section 6. This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the last party to execute same. Section 7. This Agreement shall be recorded by the County in the Official Records of Collier County within thirty (30) days after this .Agreement is fully executed. DATE: ~..- :~. ~q ATTEST DWIGHT E. BROCK, Approved as to form and ~gal su~ciency: Thomas C. Palmer BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA / PA~'~LA S. NAC'KIE, CHAIRWOMAN Assistant County Attorney ATTEST: TARA NORMAN, CITY CLERK Approved as to form and Legal sufficiency: City Attorney I~enlngreehnterlocalagreepnrk CITY OF NAPLES, A FLORIDA BILL BARNETT, MAYOR INTERI.OCAL AGREEMENT FOR Fl,ND SIIARING EVERGLADES CITY CO.M.MUNITY CENTER I.MPROVE.M ENT.% Tills INTERI.OCAI. AGREEMENT, BY AND BETWF. I-.'N Collier £'ountv. {"County" }: and the City of Everglades. a Florida Municipal COrlx~ration ("City" }: %s,'IIEREAS, thc Board of County Commissioners Ibr £'-Ilicr £'ountx has apprm'ed funding assistance to thc City of Everglades Ibr thc l:xcrgladcs £'omtllunilv Center lmpro~ emcnts Pr,jeer: and Xs,'iiERE:S,S. this lhnding ,,sas approved in thc 1999 fiscal budget Ibr ('ollicr Counp.. NOV~'. 'I'IIERI'~FORI';. in consideration of thc cox chants contained herein thc Countx and the Citx hereby agrees as fi~llmxs: ";ccOtm I. 'Irc County shall pay up lo fifty Ihousand dollars 1S50.00t} li,r refurbishment of thc t:vcrglades ('it.',' Community Center. payable as reimbursement to thc City. 'Ihe City shall submit invoices to the County for the project not laler than Septemlx-r 30. 1999. ";cction 2. The City shall not assess an additional admission li:c. user Ibc. etc.. to residents of Collier County during the life of the project. The C~tx shall make said Community Center available for lhe Counly's summer .~oulh camp program. '1 hcsc impr, xcmcnts are deemed to ha,,¢ a uscfid lilt: of fifteen Il 5} ~cars and il'thb, slipulalion is xiolatcd, thc £'it> shall refund to the Countx the u.selhl Ill[.. remainder ~alue of thc skate park's improxrcments caiculaled on fifteen ~15} .,,'ear straight line deprccmtion xxith no residual xalue. Section 3: This Agreement may be signed in counterparts bx the parties hereto This ..\grecsnent shall take effect on thc last day of execution by thc party that last executed this agreement. Section 4: I'his Agreement shall bc recorded bx thc Cotmtx in the ()llicial P, ccords of'Collier Countx u. ithin thinx {~ 1~ dax~ ;llicr this :\grcemcnl is full,, executed. if--- DATE:--~-'~' ";' *. ~, ATTEST DW~Jd.T E. BROCK. CLERK Attest 4~ t~ ~at~an's BOARD OF COUNI'Y C¢,}MMISSI()NI~R."; OF COLLIER ,,. )L:N1 5. FI,ORIDA PAMEI.A S. MAC'Klli. ('} IAIR~'()MAN l,¢~al sufficiency; Assistant County Attorney MARTHA DANIEkS. CITY CLERK Approved as to form and kegal suffic -y:. ('1I5 CITY OF EVERGLADES. A FLORIDA MUNIIPAI. CORP¢)RATION JFo NAPLES PIlYSICIAN IIOSPITAL ORGANIZATION, INC. PREFERRED PROVIDER PAYOR AGREEMENT This PREFERRED PROVIDER PAYOR AGREEMENT (the "Agreement") effective as of the Ist day of Janua!3~., 1998, (the "Effective Date") is entered into by and between Naples Physician Hospital Organization. Inc d/b/a Community Heahh Partners ("Naples PHO") and Collier County Board of Commissioners (hereinafter reI~rred to as either "Collier County Government" or "Payor") VC ITN ESS El' Il: WilEREAS, Naples PllO has as its primary, objectixe arranging for the delivery or provision of certain health se~'ices through a cost effective, coordinated, and integrated health care deliveD' system (sometimes referred to as a 'Physician Hospital Organization" or "PHO"); WHEREAS, Collier County Government has adopted a self-insured employee benefit plan for the provision of health care benefits to Plan Members; WHEREAS. Collier County Government, a self-insured employer, is ultimately responsible for payment of health care benefits in accordance with the terms and conditions of this Agreement; and WtlEREAS, Collier County Government desires to increase control over the cost of providing health care benefits to Plan Members and enters into this Agreement to arrange for Naples PHO. through Naples PItO Providers. to render Plan Benefits to Plan Members under Collier County Government's various Benefit Programs NOgV, 'FIIEREFORE. for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE i DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning ascribed thereto: 1.1 ~. This Preferred Provider Payor Agreement. 1.2 Benefit Program. Collier County Government's self insured employee benefit plans covered under this Agreement as listed on Schedule 1.~~., as amended from time to time. 5 1.3 Clean Claim. A claim that the Collier County Government has not disputed in accordance with paragraph 5.2 of this agreement and has all required substantiating documentation similar to the information required to complete HCFA-1500 forms or UB-92 forms permitting timely payment on the claim. 1.4 _~.O. pavment. That portion of Naples PHO Providers' charges, determined in accordance with this Agreement, for Plan Benefits to be paid by or on behalf of' a Plan Member under a particular Benefit Program in excess of the Deductible required by Collier County Government 1.5 Deductible. That portion of the charges for Plan Benefits for which Collier County Government has no obligation to pay or reimburse on behalf of Plan Members under a particular Benefit Program. !.6 ,Medical Emerg~.q~. The sudden, unexpected onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to jeopardize life, cause serious injur>' or impairment of bodily functions, or cause serious injury to or permanent dysfunction of any bodily organ or part. All determinations ofwhether or not an emergency exists will be subject to retrospective review and approval or disapproval by payors medical director pursuant to the Utilization Management program. 1.7 N_0_ples PIIO Hospital. Naples Community Hospital and North Collier Hospital which have contracted as independent contractors with Naples PHO to provide certain Plan Benefits to Plan Members. 1.8 Naoles PHO Physician. A physician who has contracted as an independent contractor with Naples PHO and is listed in Schedule 1.8 director, as the same may be amended or updated from time to time upon notice to Collier County Government. Changes to Schedule 1.8 directory shall not require notice pursuant to Section 2.2. 1.9 Naoles PHO Provider. A Naples PHO Physician, Naples PHO Hospital, and any licensed health care facility or professional, who or which has entered into a written agreement with Naples PHO and is listed in Schedule 1.8 directorx_, as the same may be amended or updated from time to time upon notice to Collier County Government. Changes to Schedule 1.8 director~ shall not require notice pursuant to Section 2.2. I.I0 Plan Benefits. Those inpatient and outpatient services that are ordered for Plan Members by physicians and other licensed health care providers, covered m:dez ~, Benefit Program, and within the scope of Naples PHO Providers' service capabilities and this Agreement. 1.11 Plan Member. Any person who has elected to receive health care benefits from or through Collier County Government's Benefit Program and who is eligible to receive Plan Benefits under a Benefit Program included in this Agreement. F.'~,,PAT %'PT~LF~S'CO N'TIL~CT NOIg-BILEIO AGR 5 ARTICLE !i PROVISION OF SERVICES 2.1 Collier County Government Re. presentation.~ and Warrsnties. Collier County Government represents and warrants that the terms of this Agreement do not conflict with any other agreements, whether written or oral. between Collier County Government and any other third person or entity For purposes of Naples PHO Providers compliance with Rule 4-153, Florida Administrative Code. Collier County Go.,'ernment represents and warrants that its Benefit Programs are completely and lhlly self-insured, except for an,,' reinsurance or similar form of stop-loss insurance, and that (i) no part or portion of any expenses incurred by a Plan Member are directly reimbursed to a Plan .Member by a third pan.,,' commercial insurer and (ii) no Plan Member is indemnified t?om and against the expense by a third pan.,,' commercial insurer provided or arranged for by Collier County Government. 2.2 Medical and Hospital Services. Naples PHO Providers shall make available their usual and customary sep;ices to Plan Members in accordance with each Naples PHO Provider's then current policies and procedures. Naples PHO may increase or decrease the level and types of services made available under this Agreement; provided, however, Naples PHO shall provide Collier County Government with thirty (30) days notice of any material reduction in services arranged by the Naples PHO unless said notice cannot reasonably be provided. In such cases written notice should be provided at the earliest reasonable opportunity. During the term of this Agreement there may be additions to or deletions from the listing &Naples PHO Providers. Such changes shall not be deemed a breach of this Agreement or cause for termination provided that such changes do not materially interfere with the ability of Naples PHO to perform in accordance with the terms of this Agreement 2.3 ?,ledical Records. Each Naples PHO Provider shall maintain medical records of Plan .Members in accordance with applicable state and federal laws. To the extent required by Florida Law all medical information concerning Plan Members is confidential and privileged. Medical information shall not be disclosed to any third party including Collier County Government or its representatives without the duly executed consent of the affected Plan Member or his legally authorized representative, unless required to do so by law or by court order. Subject to a Plan Member or a Plan Member's legal representative consenting to the release and'or duplication of medical records, each Naples PHO Provider shall permit, during normal business hours, the inspection and/or copying of a Plan Member's medical records including emergency room records. The party copying such records shall reimburse the Naples PHO Provider its reasonable costs and charges incurred in providing copies of Plan Members' medical records. Nothing in this Agreement shall require a Naples PHO Provider to provide access to any Plan Member's medical records in violation of applicable state or federal laws or regulations. 2.4 Grie.,'ances. Any complaints received by Collier County Government or its claims administrator ~¥ith respect to the provision of Plan Benefits by a Naples PHO Provider shall be tbrwarded to Naples PHO and shall be submitted for resolution in accordance with the Naples PHO's then current patient grievance resolution procedures as the same may be in effect from time to time 2.5 Force .Majeure. Neither Naples PHO nor any Naples PHO Provider shall be liable nor deemed to be in default for any delay or failure in performance under this Agre~ '~ent or other interruption of sen'ice or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or ~,,ork interruptions, earthquakes, floods, hurricane, failure of transportation or any similar or dissimilar cause beyond the reasonable control of such party. 2.6 Collateral Net~vork Arrangements. Collier County Government acknowledges that certain Plan Benefits under particular Benefit Programs which may be needed by some Plan Members may not be available through Naples PHO. Upon request of Collier County Government. Naples PHO. as agent for Collier County Government, shall arrange for one or more regional or statewide provider networks (the "Collateral Networks") to provide Plan Benefits to Plan Members if such services are needed outside of Naples PHO's service area capabilities In the event Collier County Government desires to establish arra,~gements with Collateral Net~,.'orks, Collier County Government shall sign and deliver to Naples PHO the appointment of agent form attached as Schedule 2.6. ARTICLE Iil MANAGED CARE PROTOCOLS 3.1 Benefit P~uirements. Collier County Government shall provide Naples PHO copies of the rules, and benefit plan design, and other conditions to be followed by Naples PHO Providers and Plan Members with respect to providing Plan Benefits under a particular Benefit Program To the extent of any conflict between the terms of this Agreement and such policies the Plan Benefits shall govern if the Plan Benefits address the specific conflict and if not the terms of this Agreement shall govern provided, however that in no event shall this Agreement amend the Benefit Program 3.2 Utilization Review. Naples PHO and each Naples PHO Provider shall reasonably comply with Collier County Go~,ernment's written Utilization Management Program ("UM Program") as set forth in Schedule 3.2 to this Agreement. Any amendments to the UM Program shall be provided to Naples PHO no less than thirty (30) business days before the amendment's effective date. No amendment shall be adopted if such amendment is applicable solely to Naples PHO and/or Naples PHO Providers. With respect to documents or policies, whether oral or written and regardless if appended or otherwise attached to tNs Agreement, issued by Collier County Government with respect to the UM Program (the "Ancillary Documents"), to the extent of any conflict or ambiguity between this Agreement and the Ancillary Documents, the terms and conditions oft~is Agreement shall govern. Nothing in this Agreement shall limit, or be construed to limit, Naples PHO's right to conduct its own utilization review programs. F 'L'$ER PA~ ~'I~F F~ ES oC .%'TRAC"I' .'qON -BILE~ AGR 3.3 Benefit Pr~. Collier County Government may include incentives for Plan Members to utilize the services of Naples PllO Providers under the Benefit Programs included in this Agreement. ARTICLE IV PLAN ADMINISTRATION 4.1 EI..~Lg.ibilitv Requirements. Collier County Government shall define and determine all eligibility requirements for Plan Members. Collier County Government shall be solely responsible for all costs and expenses associated with its Benefit Programs. 4.2 ~lovee Retirement Income Security Act of 1974.("ERISA"). For purposes of ERISA and any other applicable state or federal laws, neither Naples PHO nor any Naples PHO Provider shall be deemed the "Administrator" or "Named Fiduciary" of any Benefit Program. Collier County Government shall not seek to bar any Naples PHO Provider from payment for Plan Benefits rendered to Plan Members based on any claims and defenses arising under ERISA or other similar state and federal laws 4.3 Identification System. Collier County Government shall implement and maintain an identification system established for the purpose of verifying the eligibility of Plan Members to receive Plan Benefits under the applicable Benefit Program and this Agreement. Such system shall include an identification card provided to each Plan Member that includes the following information: Collier County Government's logo, Collier County Government's name and phone number, phone number for eligibility verification, address for claims submission, phone number for inpatient pre-certification, if any, employer or group name, plan type and account number, and Naples PHO logo. 4.4 Notification of Pre-Certific~s Pa ment Administrator. Upon execution of this Agreement, Collier County Government shall provide Naples PHO with written notification of its designated pre-certification agent and third party administrator, if any, and shall thereafter provide Naples PHO with timely and reasonable advanced notice of' any changes. 4.5 Dissemination of Information. Naples PHO shall provide to Collier County Government a sufficient number of directories providing Naples PHO Provider information. Collier County Government shall prepare and distribute to all Plan Members information booklets, brochures, and other information describing the benefits of utilizing the services and items offered by and through each Naples PHO Provider. 4,6 Sharing of Data. Collier County Government shall provide or cause to be provided to Naples PHO those repons and other information listed on Schedule 4.6 to permit Naples PHO to assess the efficiency, effectiveness, and quality of services provided pursuant to this Agreement F t; $ ER' J~AT,WPFILE S'CO N'I'RAL"I' .%~ON -BRX2~ AGR 4.7 Network Fee. Collier County Government shall pay Naples PHO the Ii:es listed on Schedule 4 7 as compensation for Naples PHO providing Collier County Government access to and use of the Phy'sician-Hospital Organization ARTICI.E V REIMBURSEMENT 5.1 C'.omnensation Rates. Each Naples PilO Provider shall be compensated tbr Plan Benefits rendered to Plan Members pursuant to this Agreement in accordance with Schedule 5 1. 5.2 Claims Processing Proced.res. Naples PItO shall require each Naples P[tO Provider m provide Collier County Government or ('oilier County Government's designated representative with billing invoices and appropriate documentation of the services provided by such Naples PHO Provider Collier County, Government shall pay' all Clean Claims (described below) v;ithin thirty' t30~ days of receipt of each claim For purposes of the ,X. greement, claims shall be deemed received by Collier County Government three ¢3) days after the date of mailing by a Naples PHO Provider to Collier County Government or the designated agent and shall be deemed paid by Collier County' Government only' upon actual receipt of funds by the Naples PHO Provider. If additional information is required to pa)' a claim, Collier County Government or its agent shall request the information in writing within thirty ~'30) days of receipt of the claim. In the event additional information is not requested in a timely' manner a claim as submitted shall be deemed a Clean Claim. In the event Collier Count)' Government elects to audit a claim which is submitted for payment, Collier County Government shall provide written notice of such audit to the Naples PHO Provider and the Naples PHO Provider shall be afforded the opportunity, to participate in the audit process. All audits shall be completed within thirty (30) days. 5.3 Physician Fees Excluded. Unless otherwise expressly provided for to the contrary in Schedule 51, compensation and charges submitted by a Naples PHO Hospital are exclusive of any fees incurred by or on behalf of a Plan Member for Plan Benefits rendered by a Naples PHO Physician or other Naples PI-lO Provider listed in Schedule i.8. With respect to a Naples PHO ttospital all charges and related reimbursement are exclusive of any fees incurred by or on behalf of a Member for services rendered bv anesthesiologists, radiologists, emergency room physicians, pathologists, or any other hospital-based physician 5.4 Late Filed Claims. Naples PHO Provider claims shall be filed within ninety (90) days of the date of Plan Member's discharge or the date sen, ices were rendered; provided, however, no Naples PHO Provider shall be denied payment based upon a failure to submit a claim within a designated period, if any, under the Benefit Program if the failure is due to the Naples PHO Provider being unable to properly identify the patient as a Plan Member. 5.5 Non-Liability for Payment. Naples PHO shall not be liable for the payment of an',' claims relating to Plan Benefits or any other sen&es rendered by any Naples PHO Provider. Naples PHO is neither implicitly nor explicitly the insurer, reinsurer, guarantor, indemnifier or underwriter of any Benefit Program or Collier County Government's obligations to Plan Members. '- ' '.::R PA1'"3.'PgI;.E:: ;' ',i7-C.¥'T.';~)N-F~RDG AP, R 5.6 Retroactive Denials. Collier County Government shall not reduce any payment due, or assert a claim to any payment to any Naples PHO Provider for services rendered pursuant to this Agreement if Collier County Government or its agent provided preauthorization approval for such services and the service meets medically necessity criteria and is covered by the benefit plan. Collier County Government shall not arbitrarily or ~:apriciously deny payment for services rendered by a Naples PHO Provider in accordance with the terms of this Agreement. Collier County Government shall provide notification and an explanation in writing to the affected Naples PHO Provider of any permitted denial of payment, in the absence of the required notification and explanation, the Naples PHO Provider shall be entitled to seek payment directly from the Plan Member or other responsible person for the service rendered notwithstanding any other provision in this Agreement to the contrary. 5.7 Waiver of Copavments and Deductibles Prohibited. In the event a provider other than a Naples PItO Provider or such other health care providers that are directly or indirectly under contract to Collier County Government to render Plan Benefits to Plan Members ("Non-Plan Provider~) renders seN'ices to a Plan Member and the Non-Plan Provider waives all or any portion of the applicable Copayment or Deductible, Collier County Government shall calculate the benefits payable under the Benefit Program on the basis of'the Non-Plan Provider's billed charges less the amount of the waived Deductible and/or Copayment [e._g. if the Non-Plan Provider's charge before the waiver is SI00 and the waived amount is 20% then benefits would be paid on $80 and not $100 such that if benefits for Non-Plan Providers is 70/30 coverage, the amount Collier County Government would pay to the Non-Plan Provider is ($80)(.70)=$56]. 5.8 Assignment of Benefits/Balance Billin~ Prohibited. Except for the collection of Copayments and Deductibles and provided timely payment is made by Collier County Government pursuant to and in accordance with the terms of this Agreement, Naples PHO Providers shall not bill or attempt to collect from any Plan Member reimbursement for Plan Benefits rendered pursuant to this Agreement nor bill or attempt to collect the difference between the amount of reimbursement payable under this Agreement and the standard charges for the services rendered. This Section 5.8 shall not apply in the event Collier County Government fails to make timely payment, or arbitrarily or capriciously denies payrnent, for services rendered. 5.9 Non-Plan Benefits. Nothing in this Agreement shall prohibit or limit the right of a Naples PHO Provider to seek payment directly from a plan member or other responsible person for any services which are not Plan Benefits. 5.10 Member Payment Liability. To the extent permitted by law, Naples PHO Providers shall not be precluded from billing Plan Members directly for services rendered in the event Collier County Government does not make payment to the Naples PHO Provider within thirty (30) days of submission of a Clean Claim, or immediately in the event of Collier County Government's insolvency, bankruptcy, liquidation, or placement by governmental authorities under receivership or supervision. F ~USER',PAT',WPFILE$ CONTR,ACT~'~ON.BR.DG AGR ~ I 1 Third Parlv Beneficiar~ Status. Each Naples PHO Provider is intended to be a beneficiaD' of the provisions set forth in this Article V and shall have the right and standing to seek enforcement of the rights and benefits afforded each Naples PHO Provider under this Article V. 5.12 Coordination of Benefits. In any case where a Plan Member has coverage from a third part?' payor {excluding Medicare and all other federal programs, as applicable) olher than Collier County Government which is primary to the covera§e provided by Payor and the third pa~ty payer is billed by and makes payment to a Naples PHO Provider for Plan Benefits rendered to the Plan .Member, Collier Count)' Government shall pay the Naples PHO Provider the difference betxYeen the amount paid bv the primary payor less any applicable deductible set forth in the Plan Benefits and the compensation rates contained in Schedule 5. I. However, in the event Medicare is the primaD' payor, Collier County Government shall pay to the Naples PHO Provider the amount of any Deductible. Copayments, and Plan Benefits which are not benefits under Title XVIII of the Social Security Act, as amended, to the extent permitted by law. ARTICLE V! TERM AND TERMINATION. 6.1 T_germ. The initial term ofthe Agreement shall be from Sanua I 1998 throu h December 31 2000 and shall automatically renew for successive one (I_) year terms unless either party gives the other notice of it intention not to renew at least ~ ( 6__Q_0 ) days prior to the annual anniversary of the Effective Date. 6.2 Automatic Termination. This Agreement shall automatically terminate as of the effective date of termination of Collier County Government's Benefit Programs if no other successor or substitute self-insured plan is adopted by Collier County Government. Collier Count)' Government shall provide Naples PHO written notice no less than thirty (30) days prior to the effective date of termination of each Benefit Program covered under this Agreement. 6.3 Termination With Cause. Ifeither party materially breaches this Agreement (the "Breaching Party") the other party (the "Non-Breaching Party") shall have the right to give the Breaching Party written notice of the alleged breach and the Breaching Pa~tv shall have thirty (30) days following receipt of such notice to cure the breach to the reasonable satisfaction of the Non-Breaching Pa~ty If the breach is not cured to the reasonable satisfaction of the Non-Breaching Party within the thirty (30) day period the Non-Breaching Party shall have the right to immediately terminate this Agreement. 6.4 Termination Without Cause. Either party may terminate this agreement by providing 90 days written notice to the other of their intent to terminate this agreement. 6.5 Obligations After Termination: Continuation of Care. Yermination of the Agreement shall not affect the rights, obligations and liabilities of the parties arising out of transactions occurring prior to termination. Termination of this Agreement shall be without the consent of or notice to any Plan Member or any other third party. Upon the termination of this Agreement for an,,' reason or cause. Naples PHO Providers shall cooperate with Collier County Government by taking reasonable and medically appropriate measures to assure the assumption of medical care and services to Plan Members then under the care or treatment of Naples PHO Providers. Each Naples PHO Provider shall be compensated for such care in accordance with Schedule 5 1 Naples PHO Providers shall furnish any information and take any action including, without limitation, continuing to provide care, for up to thirty (30) days, as Collier County Government may reasonably request in order to effectuate an orderly and systematic termination of Naples PHO Providers' duties and activities under this Agreement and the transfer of patient care obligations. The obligations under this section shall survive the termination or expiration of this Agreement. ARTICLE VIi GENERAL PROVISIONS 7.1 Relationship.__of P~rties. Collier County Government and Naples PHO acknowledge that Naples PHO is an independent contractor Naples PHO shall not have any responsibility or liability for an,,' act. omission or decision related to medical care, treatment, and services rendered bv Naples PHO Providers to Plan Members 7.2 Recitals. Each of the recitals set forth above are true and correct and are incorporated into and made part of this Agreement by reference 7.3 Limitation of Assig. nment. This Agreement shall not be assigned by either party without the prior express written consent of the other party. 7.4 Binding on Successors in Interest. To the extent permitted by this Agreement, the provisions of, and obligations arising under, this Agreement shall extend to, be binding upon, and inure to the benefit of the successors and assigns of Naples PHO and Collier County Government. 7.5 Severabilitv' Chart es in Law, If any part of this Agreement is determined to be invalid, illegal, inoperative or contrary to law or professional ethics, the part shall be reformed, if possible, to conform to law and ethics; the remaining parts of this Agreement shall be fully effective and operative to the extent reasonably possible. If any restriction contained in this Agreement is held by any court to be unenforceable and unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions shall be enforced independently of each other. 7.6 Conformance With Law. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance of all applicable federal, Florida and local laws, rules and regulations 7.7 Time of the Essence. Time shall be of the essence with respect to each and every term, covenant, and condition of this Agreement. F ',USER PA~ %'F.':II.F.? C?ON'~R. AC~.~ON.BRDO AOR 7.8 Attorney Fees In the event of any action, dispute, litigation or other proceeding relating to or in connection with this Agreement, each party' shall be responsible for their own fees, costs, and expenses of counsel incurred in connection with that action, dispute, litigation or other proceeding. 7.9 ~reementlAmendments. This Agreement supersedes all previous contracts and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Oral statements or prior written materials not specifically incorporated in this Agreement shall not be of any force and effect, Schedule 7 8. In entering into and executing this Agreement. the parties rely solely upon the representations and agreements contained in this Agreement and no others. Except as otherwise expressly' provided in this Agreement to the contrary, no changes in or additions to this Agreement shall be recognized unless and until made in writing and signed by an authorized officer or agent of Naples PHO and Collier County Government 7.10 Governin~ Law. This Agreement has been executed and delivered and shall be construed and enforced in accordance with the laws of the State of Florida excluding and without application of any choice of law principles except to the extent preempted by federal law. Any action brought by the parnes whether at law or in equity shall be commenced and maintained and venue shall properly be in Collier County, Florida. The parties knowingly, intentionally and irrevocably ,.~ aive any claim that any suit. action or proceeding brought in Collier County, Florida has been brought in an inconvenient forum. 7.11 ~,Vaiver of Breach. No provision of this Agreement shall be deemed waived unless evidenced by a written document signed by an authorized officer or agent of Naples PHO and Collier County Government. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement unless specifically provided for in the written instrument consenting to the waiver 7.12 ~d Other ileadin~s. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement 7.13 Gender and Number. When the context ofthis Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural. 7.14 Execution. This Agreement and any amendments may be executed in multiple originals, each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 7.15 Additional Assurances. The provisions of this Agreement are self-operative and do not require further agreement by the parties; provided, however, at the request of either party, the other shall execute, except as otherwise provided in this Agreement, any additional instruments and take any additional acts as may be reasonably necessary to effectuate this Agreement. 7.16 Authority. Each signatory to this Agreement represents and warrants that he possesses all necessary, capacity and authority to act for, sign. and bind the respective entity on whose behalf'he is signing. 7.17 Notice. Any notice given pursuant or relating to this Agreement shall be given by United States mail. postage prepaid, certified or registered mail, return receipt requested, hand delivery, or overnight delivery, and delivered to the addressee at the following address unless otherwise changed in accordance with the provisions o£this Section: lfto Naples PHO; 408 Goodlette Rd. S Naples, Florida 3~ 102 If to Collier County Government: Risk Management Department 3301 E. Tamiami Trail Naples. FL 34112 7.18 Cumulative Remeditn. Remedies provided for in this Agreement shall be in addition to and not in lieu of any other remedie~ available to either party and shall not be deemed waivers or substitutions for any action or remedy the parties may have under law or in equity. 7.19 Marketing, and Promotion, Collier County Government and Naples PHO each reserve the right to and control of its name, symbols, trademarks, Iogos and service marks presently existing or established in the future. Collier County Government may list each Naples PHO Provider's name, address and telephone number and a description of its services in Collier County Government's roster of participating providers. Collier County Government agrees that Naples PHO may use its name in any publication listing the names of managed care programs and health benefit plans with which Naples PHO contracts. Except as provided in this Section, the use of any written promotional documents, publicity, media advertising, or any other materials for public disclosure carrying the name, trademark, service mark. or a pictorial likeness of either party shall require the prior written consent of the other party. 7.21 Coordination of Defense of Claims. Collier County Government and Naples PHO shall promptly notify the other of any claims or demands asserted by third parties which are to arise under or are related to this Agreement. The parties shall make all reasonable efforts, consistent with advice of counsel and the requirements of the respective insurance policies and carriers, to coordinate and assist in the defense of all claims in which the other party is either a named defendant or has a substantial possibility of being named. This Section shall survive termination or expiration of this Agreement. F ~I.JSF.,R'PAT'U,'PFF~£S .CC..%TRAC~,.NON-BRDO AOR 160 7.23 Co__q_~_pliance with Laws and Regulation. Notxvithstanding Section 7.5, in the event any applicable federal, state, or local law or any regulation, order or policy issued under such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect on the practical realization of the benefits anticipated by one or both parties to this Agreement, the adversely affected party shall notify the other party in writing of such change and the effect of the change. The parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement is not reached ~vithin 30 days of such written notice; the Agreement may be terminated by either party. (Signature Page Follows) ~- USER'PAT',V~'F:I.i-.$ ~'rd',,'T'R. AC'TNON-BRDG AGR 3 this-_~ , r~ day ~f'--'l-~/z~.ct-'-- _, 1998. ATTEST;. Dwight' E. Brock. Clerk of Courts '. i' ," By: --' ,-, , ~'X ) Dates: . First Witness / Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: ~ // / / . ~" ' PameLa S. Mac'Kie, Chaicwoman NAPLES PHO d/b/a COMMUNITY HEALTH PARTNERS By: Allen S. Weiss. MD. Co-Chair By: Laurie Andrea, Co-Chair Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and legal sufficiency: ~ Manalich Chief Assistant County Attorney USER PA]' W'PFII.ES CONTRACTNON-BRDG AGR SCilEDULE 1.2 DESCRIPTION OF BENEFIT PROGRAMS To be attached by Collier County Govemmem F USER~PAT',.t,'PFILESCON'I'RAC~NON.BRDGAGR SCllEDULE 1.8 NAPLES PllO PROVIDERS Hospitals' Naples Communily Hospital North Collier Hospital lnstitullonal and Ancillat3.' Providers: A. Fucredi Radiology Bomta Healthcare Ccnlcr Bomta Outpatien! Rehabililal~on Center Bomta Spnngs Sports & Physical Therapy Ccntcr. Inc. Community Blood Center Col'nlnlnlit.v [{ollle Scrx'~ces Diagnostic Services. Inc Dial A Nurse East Naples Urgem Care Medical Center Endoscopy Center of Naples Gask,ns Eye Carc and Surgcn.' Ccntcr Golden Gatc Urgent Care Ccntcr tlcalthsoulh Collier Oulpalienl SurgeD' Center hnmokalee Oulpalienl Rehabilitalion Ccnler Inlcrnalional Spine Ins'l~lulc Marco Healthcare Center Marco Outpatient Rehabilitation Center Marion E. Fether Medical Center Mecial Sports Rehabilitation Center. Inc. Montgomery Eye Center Naples Cardio-Puhnonar,.' Relmbilitalion Cenler Naples Center for Hand Rchabililation Naples Da.,,' SurgeD'- Norlh/Soulh Naples Diagnostic Imaging Center Naples MRI Ccnler Naples Oulpalicnt Rehabilitation Center Naples Physical Therapy. Inc. NCH Bchaxioral Health Center Newgate SurgeD' Center North Collier Quality Qmck Cam Nuclear Medicine of Naples Nutrition }teallh Ccnler Phx s~cal Therapy Associates of Lee Coun~3. Inc. Quality Quick Care Summer ltouse Rehabililatlon Suncoast Rehabilitation Center Tom Melko Physteal Thera~' Total Back Care/Tolal SurgeD' Center Triumph Physical Therapy. Inc. Water Works Aquatic Physical Therapy. lnc Wellness Cenler Physicians: See DirectoD' altached Providers subJeCt to change w~thout amendment Io Ihis Agreemenl F .USER PA'F :VPFILES 3' SCIIEDULE 2.6 APPOINTMENT OF NAPLES PHO AS AGENT FOR COLLIER COUNTY GOVERNMENT TO CONTRACT WITH COLLATERAL NETWORKS{Florida Health, L.C.} In accordance with the terms and conditions of this Agreement entered into bctx~ccn Collier Count.',' Government and Naples Physician Hospital Organization. Inc. cL'b.Ja C{,mmunitx Health Partners ("Naples PHO"), Collier County Government hereby appoints Naples PltO as Collier Count.,.' Government's duly appointed agent with the power and authority to enter and execute Collateral Network Payor Agreements on behalf of and to bind C~dlicr Government as Collier County Government's interests appear in thc Collateral Nctx~,,rk Agreement. Na?[c~ ['}t¢) shall m,t bc !iablc ~ (.',dlicr County Government lbr an.,,' damage ~r h,~, ~I any kind or nature in thc c~cnt ,*f lcrmmation of any Collateral Net\york Payor Agreement or thc failure or inabilit~ of Naples PttO. for an.'.' reason or cause to enter into as agent for ('oilier County Govemmem. a C,~llateral Network Payor Agreement. Naples PltO shall maintain Collateral Nct~rk Pa,.or :\grccments covering the following area: Florida llealth. I..(;.. State wide net\york F I ";,ER P~, 1' ~ PFII i_~, {.o', I'RA(:'F NON.BRD~i AGR 16 SCIIEDULE 3.2 UTIlAZA'FION REVIEW PROGRA3! To be provided by Collier County Govenment. 160 SCIIEDULE 4.6 NAPLES I'!10 PR()VIDEI~ QUALITY I)ATA PREPARED BY GOVERNMENT COLLIER COUNTY Repot; 1 Provider Utilization Savings Repons For Repor~ ] While the exact :brmat outlined below is not required, the elements listed are required. Collier County Government shall produce monthly, separate Provider Utilization Savings Repons for: Preferred Provider in Collier and Lee Counties. Non preferred providers in Collier and Lee Counties, An annual compilation of (a) and (b). [Name ID# Address to Insured E These reports should be sent on 3 1/2" diskette ( 1.44 Mg; DS/HD; IBM format); in a DIF or dbase format Please include thc field layout legend and indicate if'files have been "zipped". F XUSER'PAT "3, ."PF.T, E5 CO:,-I'7,.ACf7 NON.BP,.DG AGR 16S SCllEI)ULE 4.7 NETWORK ACCESS FEES Collier County Government shall pay Community Health Panners montNy, a fee equal to the amount of $2.25 per employee per month. The fee shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to Community Health Partners at 350 Seventh Street North, Naples. Florida 33941-3029. Fee to include: a) b) c) Community Health Panners Provider Network/Services Florida ttealth, L.C. dgo/a SunHealth Care Plans of Florida workCare Provider Network/Services F USER PAI~I'WPFILESCONTI~.ACT.~7~N-BI~ AGR SCIIEDULE 5.1 COMPENSATION PuX TES Community Health Partners Fee Schedule was provided by disk to the TNrd Part Administrator of Collier County Government. Each party has retained a hard copy in file and acknowledgment has been received through a Confidentiality Statement by and between Florida Ist Health Plans, Inc. on behalf of Collier County Government and Naples PHO. lc: ~ I.~R ~A ~'~,'plql.,I~CONTR.AC~,NON. BRDO .AOR INTRODUCTION ELIGIBILITY AND PARTICIPATION .............................................. I Who Is Eligible .................................................................................. 1 Who Pays For Your Benefits ........................................................... 2 Enrollment Requirements ................................................................ 2 Late Enrollments .............................................................................. 2 When Coverage Begins ..................................................................... 3 Pre-Existing Conditions ................................................................... 3 When Coverage Ends ....................................................................... 4 Special Situations, Extension Of Coverage .................................... 4 Reinstatement Of Coverage ............................................................. 5 HEALTH CARE MANAGEMENT PROGRAM ................................ 6 What Is Health Care Management ................................................. 6 Required Admission Review ............................................................ 6 Reduced Benefits For Failure To Follow Required Review Procedures ......................................................................................... 6 Special Care Case Management ...................................................... 7 PREFERRED PROVIDER ORGANIZATION (PPO) ....................... 9 What Is A PPO .................................................................................. 9 Who Is Your PPO ............................................................................. 9 About Your PPO ............................................................................... 9 MEDICAL BENEFITS ......................................................................... I0 About Your Medical Benefits ........................................................ I0 Deductibles ...................................................................................... 11 Co-Payments ................................................................................... 11 Out-Of-Pocket Maximums ............................................................. 11 Benefit Maximums .......................................................................... 12 Covered Medical Expenses ............................................................ 13 Medical Expenses Not Covered ..................................................... 20 PRESCRIPTION DRUG PLAN .......................................................... 24 About Your Prescription Drug Benefit ......................................... 24 Prescription Drug Co-Payments ................................................... 24 MAIL SERVICE PRESCRIPTION DRUG PROGRAM ................. 25 COORDINATION OF BENEFITS ..................................................... 27 General Provisions .......................................................................... 27 Government Programs ................................................................... 27 Automobile Insurance .................................................................... 27 Other Group Plans ......................................................................... 27 Children Of Divorced Or Separated Parents ...............................28 Right To Make Payments To Other Organizations .................... 28 OTttER IMPORTANT PLAN PROVISIONS ................................... 30 Assignment Of Benefits .................................................................. 30 Special Election For Employees And Spouses Age 65 And Over30 Reimbursement To The Plan ......................................................... 30 Subrogation ..................................................................................... 31 Recovery Of Excess Payments ....................................................... 32 Right To Receive And Release Necessary Information ............... 32 Alternate Payee Provision .............................................................. 32 FILING A CLAIM ................................................................................ 34 How To Appeal A Denial Of Benefits ........................................... 35 OPTIONAL CONTINUATION OF COVERAGE ............................ 37 Continuation Of Coverage Under Federal Law .......................... 37 Notification Requirement ............................................................... 38 Maximum Period Of Continuation Coverage .............................. 38 Cost Of Continuation Coverage .................................................... 39 When Continuation Coverage Ends .............................................. 39 DEFINITIONS ...................................................................................... 41 GENERAL INFORMATION .............................................................. 53 SCIlEI}IU.E (}F MEI)ICAI. BENEFITS A nn.ul l)educliblcs: lliRh¢)plinn: $ 2011 Individual $ 600 Family Mediumf)plinn: S 300Individual S 900 Family I.,~ ()pti,n: $ 5001n(Ji~hlual SI.500 Family Annual (}ut-Of-Pocket {Excludes Deductible} iligh Option: Medium Option: l.ow ()ptinn: Maximums: $1,000 Individual $2.000 Family $1,500 Individual $3,000 Family S2,000 Individual $4,fl00 Family I.ifetirne Benefit 3laximum: (Includes All Other Maximums) 51,000.000 Individual The follossing schedule summarizes co-payment atnounts paid by Ihe plan, benefit maximums and addilional explanation needed for .your benefits. The plan's co-payment for hospilal expenses will be reduced to 50% if .~ou do not follo~ Ihe procedures outlined in the llenlth Care Management section of this plan. Please refer to the text for additional plan provisions which may affect )'our benefits. Benefit Description Annual FPO Plan Non-PPO Deductihle Pays Plan Pays Additional l.imitations And Explanations llome lle'-dlh Care YES 100% 100% Routine l'h} steals N() 100% 100% [np:,licnt Ilnspil:~l Settees YES 80% 80% lnpatien~ Surge~' YES 80% 80°,'0 E~nergenc.,, Room .<,er,. ices YES 80% 80% Limited Io 100 visits per )'ear. $250 individual annual maximum. For participants age 17 and over. Benefits include gynecological exams end mammogrnms, limited to I baseline mammogram for covered females age 35-39, I mammogram every 2 )'ears for covered females age 40-49 and I mammogram per .,,'ear for covered females age $0 and o~er. The plan's co-payment for hospilal expenses will be reduced to 50% if )ou do not follow the procedures required by the health care manngement program. This penalty does not apply to the out-of-pocket maximum. The plan's co-payment for hospital expenses will be reduced to 50% if you do not follow the procedures required by the health care management program. This penalt) does not apply to the out-of-pucker maximum. You must pay the first Si00 per s'isit for non-emergency services. This co- pay will be waived if you are admitted Io the hospital. 0enel]! Description Annual Deductible Skilled Nursing Facility llome llospice Oral Surger?'fFreatmen! Of TMJ Human Organ And Tissue Transplants Chiropractic Ser~'ices Acupunclure Serwices Well-Child Checkups Inpatient Menlal/Ner~'ous And Substance Abuse Treatment PPO Plan Pays Non-PPO Plan Pays Addlti°nal Limliatii~d~ 3 Explanations YES YES YES YES YES YES NO YES 8O% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% 80% Limited to 90 days per year. $5,000 individual lifetime maximum. Si,SO0 Individual lifetime maximum. Benefits include surgical and non- surgical treatment of TM.l. Your co- payment does not apply to the out-of- pocket maximum. S10,000 Individual donor expense maximum per transplant. $I0,000 individual travel, lodging and meals maximum per transplant. $200 Individual per day lodging and meals maximum per day. 51,000 Individual annual maximum. $30 Individual per visit maximum. Your co-payment does not apply to the out-of-pocket maximum. SI,000 individual annual maximum. Your co-payment does not apply to the out-of-pocket maximum. For covered dependents up to age 16. Benefits include vaccinations, Inoculations and Immunizations. S25,000 Inpatient/outpatient Individual lifetime maximum. $10,000 Inpatient/outpatient Individual annual maximum. Benefits include treatment of or related to eating disorders. The plan's co- payment for hospital expenses will be reduced to $0% if you do not follow the procedures required by the health care management program. This penalty and your co-payment do not apply to the out-of-pocket maximum. Benefit Description Annual PPO Plan Non-PPO Deductible Pays Plan Pays Outpatient Mental/Nervous YES 80% 80% And Substance Abuse Treatment Prescription Drugs Mailorder Prescription Drugs All Other Covered Medical YES 80% 80% Expenses 16D 3' Additional Limitations And -.. Explanations $25,000 Inpatient/outpatient Individual lifetime maximum. $10,000 Inpatient/outpatient individual annual maximum. Benefits include treatment of or related to eating disorders. Your co-payment do not apply to the out-of-pocket maximum. Benefits are provided by Cort.~ulTec You must pay the first $5 for each generic prescription or refill and the first $I0 for each brand-name prescription or refill. Benefits are provided by CormulTec You must pay the first $5 for each generic prescription or refill and the first Sl0 for each brand-name prescription or refill. Benefits are provided for expenses listed in the Covered MediCal Expenses section of this plan. Health Care Management toll-free number: 800 226'2155 NOTE: The word lifetime refers to the period of time you or your eligible dependents participate in this plan or any other plan sponsored by Collier County Board of County Commissioners. 3 Collier County Government has prepared this document to help you understand 3'our benefits. Please read it carefully. Your benefits are affected by certain limitations and conditions which require you to be a ,,vise consumer of health services and to use only those services you need. Also, benefits are not provided for certain kinds of treatments or services, even if your health care l~rovider recommends them. This document is v,'ritten Technical terms are printed section. in simple, easy-to-understand language. in italics and defined in the Definitions As used in this document, the word year refers to the benefit year which is the 12-month period beginning January I and ending December 31. All annual benefit maxim.ms anti deductibles accumulate during the het~eJT! yec~r. The word lifetime as used in this document refers to the period of time you or .,,'our eligible dependents participate in this plan or an',' other plan sponsored by Collier County Board of Count>,,' Commissioners. An.,,' amount you or your eligible dependents have accumulated toward the benefit maximum amounts of any previous Collier County Government plan will be counted toward the benefit maximum amounts of this plan. In addition, any time accumulated toward satisfaction of a v;aiting period or pre-existing condition limitation under the previous plan will be counted toward satisfaction of the waiting period or pre- existing condition limitation of this plan. Benefits described in this document are effective January I, 1997. 3" ELIGIBILITY AND PARTICIPATION Who Is ELigible You are eligible to participate in this plan if you are a regular, full time employee of Collier County Government for at least 60 consecutive days and are regularly scheduled to work a minimum of 30 hours per week. You arc also eligible to participate in this plan if you are a qualifying retiree of Collier County Government. Qualifying retirees must meet the requirements of Florida Statute 112.0801. Eligibiliw for Medicaid or the receipt of Medicaid benefits will not be taken into account in determining eligibility. Your eligible dependents ma3' also participate. Eligible dependents include: your lawful spouse as defined by applicable state law; natural children; stepchildren', children who, before reaching the age of 18, are either adopted by you or placed in your home for adoption; dependent grandchildren from birth up to 18 months of age if the mother or father of the newborn is an eligible dependent; children for whom you are legal guardian; and foster children. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. You may not participate in this plan as an employee and as a dependent, and 3'our dependents ma,,,, not participate in this plan as a dependent of more than one employee. If your emt~loyer determines that your separated or divorced spouse or any state child support or Medicaid agency has obtained a legal qualified medical child support order (QMCSO), and your current plan offers dependent coverage, you will be required to provide coverage for any child(ren) named in the QMCSO. If a QMCSO requires that you provide health coverage for your child(ren) and you do not enroll the child(ren), your employer must enroll the child(ren) upon application from your separated/divorced spouse, the state child support agency or Medicaid agency and withhold from your pay your share of the cost of such coverage. Yon may not drop coverage for the child(ren) unless you submit v,~tten evidence to your employer that the child support order is no longer in effect. The plan may make benefit payments for the child(ren) covered by a QMCSO directly to the custodial parent or legal guardian of such child(ren). Who Pays for Your Benefits If you are an active employee, Collier County Government shares the cost of providing benefits for you and your dependents. If you are a retiree or are covered under COBRA, you are responsible for paying the entire cost of providing benefits for yourself and your dependents. Enrollment Requirements You must enroll within 30 days of your eligibility date. If you also desire dependent coverage, you must enroll your eligible dependents at this time. If you do not have any eligible dependents at the time of initial enrollment, but acquire eligible dependents at a later date, you must enroll the dependent(s) within 31 days of the date you acquire them. You may be required to obtain and prov/de 5'our employer with a Social Secur/~, number for each covered dependent. Your newborn child is automatically covered at birth for 31 days. For coverage to continue beyond 31 days, you must notify your employer of the birth and p ay any required contribution. If notification and contribution are not made, coverage will terminate at the end of 31 days following your child's birth. Your claim for maternity expenses is not considered as notification to your employer for coverage to continue beyond 31 days. If you have a quali~ing change in your family status, you may change your enrollment decision w/thin 31 days of the change in family status. A qualifying change in family status includes marriage, divorce, death of spouse or child, birth or adoption of a child, term/nat/on of spouse's employment, commencement of spouse's emplosment, a change from part-t/mc to full-time or full-time to part- time status for you or your spouse, an unpaid leave of absence taken by you or your spouse or a significant change in health coverage for you or your spouse due to your spouse's cmplo3~nent. Late Enrollments If you or your dependents are not enrolled within 30 days of the date you become eligible, you w/Il be required, at your own expense, to provide satisfactory ex4dence of good health for yourself and each eligible dependent 3 1.6, 3 before being allowed to participate in this plan. For late enrollment, coverage begins on the first day of the month following the date the requirements are satisfied. When Coverage Begins If vou are a full-time employee, when the enrollment requirements are met, your coverage begins on the first day of the month following 60 consecutive days of active emplo,wnent. However, your coverage does not begin unless you are actively at work. If you are a qualiCving retiree, when the enrollment requirements are met, your coverage begins on the first day of the month following your retirement. Coverage for your dependents begins the latest of when your coverage begins, the first dav of the month follmving the date your dependent, other than a newborn, is released from the ho.wttal or the first da5' a dependent is legally acquired, if properly enrolled. Pre-Existing Conditions A pre-existing condition is any ilhlcxS or injury for which diagnosis, consultation or treatment (including prescribed drugs or medicines) has been received during the 12 months before the effective date of coverage. If you or ','our dependents have a pre-existing condition, benefits for related expenses will not be considered if they are incurred before 6 consecutive months from your effective date of coverage during which no treatment for the pre- existing condition is received or 12 consecutive months of participation in this plan. If, while you are eligible for coverage under this plan, you or your dependent, adopted child or a child is placed with you or your dependent for adoption and the child is otherwise eligible for coverage under this plan, the child may be enrolled as a dependent without regard to any pre-existing condition. Any time accumulated toward satisfaction of the pre-existing condition limitation under thc previous Collier County Government plan will be counted towards the satisfaction of the pre-existing condition limitation of this plan. 1.6[ 3 When Coverage Ends If you are an active employee, your coverage ends the earliest of the end of the month in which 3'our employment with Collier County Government ends, the date contributions cease or the end of the month in which you are no longer eligible to participate in this plan. If you are a retiree, your coverage ends the date contributions cease. Coverage for .,,'our depcndcnts ends the earliest of thc date your coverage ends. the end of the month in which a dependent no longer meets the eligibility requirements or thc date contributions cease. Special Situations, Extension of Coverage If a dependent child is phystcally or mentally handicapped on the date coverage would othenvise end, the child's eligibility will be extended for as long as you are covered by this plan, the handicap continues and the child continue~ to qualify for coverage in all aspects other than age. The plan may require you at any time to obtain a physician ~ statement certifying the physical or mental handicap. Coverage continued under the following pro~,4sion is in addition to coverage continued under Optional Continuation of Coverage (COBRA): If you quali~' for an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), eligibility may continue for the duration of the leave if you pay any required contribuiions toward the cost of the coverage. Your empk;ycr has thc responsibility to provide you with prior v, vitten notice of the terms and conditions under which payment must be made. Failure to make payment within 30 days of the due date established by .,,'our employer will result in the termination of coverage. Subject to certain exceptions, if you fail to return to work after the leave of absence, your employer has the r/ght to recover from you any contributions toward the cost of coverage made on your behalfdur/ng the leave as outlined in the FMLA. Coverage continued under the following provision runs concurrently with coverage continued under Optional Continuation of Coverage (COBRA): If you `.,,'crc covered under this plan immediately prior to being called to active duty by any of thc armed forces of tile United States of America, coverage may continue for up to 18 months or tile period of uniformed service leave, whichever is shortest, if you pa.,.' an,,' required contributions towards thc cost of tile coverage during the leave. If the leave is less than 30 days, tile contfibutmn rate will be tile same as tbr active employees. If the leave is longer than 30 days, tile required contribution ',,.'ill not exceed 102% of the cost of coverage. Reinstatement Of Coverage If coverage is terminated for failure to make payments while you are on an approved family or medical leave of absence (as defined in the Family Medical Leave Act of 1993), coverage of you and your eligible dependents will be automatically reinstated, without providing evidence of good health, on the date you return to active employment if you and your dependents are otherwise eligible under the plan. The pre-existing condition limitation and an)' waiting periods will not apply. However, all accumulated annual and lifetmw maximums will apply. Whether or not you elect continuation coverage under the Uniformed Services Hmploymcnt and Reemploymenl Rights Act, coverage will be reinstated, without providing evidence of good health, on the first day you return to acm'e cmplr;ymcm w~th Collier County Government if you are released under honorable conditions and you return to employment: on the first full business day following completion of )'our mditary service for a leave of 30 days or less: within 14 days of completing )'our military service for a leave of 31 to 180 days: or within 90 days of completing )'our military service for a leave of more than 180 days (a reasonable amount of travel time or recovery time for an illness or li~jttr')' determined by the VA to be sen'ice connected will be allowed). When coverage under this plan is reinstated, all provisions and limitations of this plan ,.,,'ill apply to the extent that tilex' would have applied if you had not taken military leave and your coverage had been continuous under this plan. The eligibility wa/ting period will be waived and tile pre-existing condition limitation will be credited as if you }lad been continuously covered under this plan from your original effective date. (This waiver of limitations does not provide coverage for any t/hws's or mjur. v caused or aggravated by your military service, as determined by the VA. f:or complete information regarding your rights under the Uniformed Sen'ices Employment and Reemployment Rights Act, contact your em?lc;3'er. ) IlEALTIt CARE MANAGEMENT PROGRAM What is ttealth Care Management Collier Count`,' Government desires to provide you and your family with a health care benefit plan that financially protects you from sil~ificant health care expenses and assures you of quality care. While pm-t of increasing health care costs results from new technolog3' and important medical advances, another significant cause is thc wa`,' health care services arc used. Some studies indicate that a high percentage of the cost of health care services may be unnecessary. For example, hospital stays can be longer than necessary. Some ho.v~tahzat~o~s may be entirely a`,'oidable, such as, when surgery could be performed at an outpatient facility with equal quality and safeD'. Also, surgery, is sometimes performed when other treatment could be more effective. All of these instances increase costs for you and Collier Count' Government. Collier County Government has contracted with a professional health care management company to assist you in determining whether or not proposed services are appropriate for reimbursement under the plan. The program is not intended to diagnose or treat medical conditions, guarantee benefits or validate eligibility. The medical professionals who conduct the program focus their review on thc appropriateness of hospital stays and proposed surgical procedures. Required Admission Review You are required to call tim health care management progq'am's toil-free number (800) 782-4957 before any elective admission to a hospital. You must also call within 48 hours (2 working days) of anv emergency admission. When you call, it will be neccssar',' to provide the program with ,,'our name, the patient's name. the name of the ivh)'stcta~ and hoxpttal, the reason for the hospitalization and an,,' other information needed to complete the review. 16D } Reduced Benefits For Failure to Follow Required Review Procedures When the required rev/ew procedures arc followed, your benefits will be unaffected, and you and the plan avoid expenses related to unnecessary health care. However, if you do not follow the health care management procedures outlined above, the plan's co-payment will be reduced to 50% for all related covered hospital expenses, after any applicable deductible. The penalty assessed when you do health care management program maximum. not follow the procedures required by the does not apply to your out-of-pocket Special Care Case Management Special care case management is designed to help manage the care ofpatients ,,,,'ho have special or extended care ilhwsses or it~'urm~. The primaDf objective of special care case management is to identify and coordinate cost-effective medical care alternatives meeting accepted standards of medical practice. Special care case management also monitors the care of the patient, offers emotional support to the family, and coordinates communications among heahh care providers, patients and others. Benefits may be modified by the plan administrator to permit a method of treatment not expressly provided for, but not prohibited by law, rules or public policy, if the plan administrator determines that such modification is medically necessary and is more cost-effective than continuing a benefit to which you or your eligible dependents may otherwise be entitled. The plan administrator also reserves the right to limit payment for services to those mounts which would have been charged had the service been provided in the most cost-effective setting in which the service could safely have been provided. Examples of illnesses or ituuries that may be appropriate for special care case management include, but are not limited to: Terminal lllnesxes cancer AIDS 16D · Chronic Illnesses multiple sclerosis renal failure obstructive pulmonary disease cardiac conditions · Accident Victims Requiring Long-Term Rehabilitative Therapy · Newborns with High-Risk Complications or Multiple Birth Defects · Diagnosis Involving Long-Term IV Therapy · Ilh~e.v.¥e.~ Not Responding to Medical Care · Child and Adolescent Mental/Nervous Disorders 3 1.6g PREFERRED PROVIDER ORGANIZATION' (PPO} 3 What is a PPO A Preferred Provider organization (PPO) is a Group ofphysictans and hospitals contracted with your employer in an effort to reduce the effect of rising health care costs wh/le providing you with quality care. Who is Your PPO Collier County Government has contracted with Suntlealth to provide I'PO set-rices for vou and 3'our eligible dependents. About Your PPO SunHealth has carefully selected the participating phystclans and hospitals. The qualifications of each health care provider have been reviewed so that you and .,,'our dependents will be provided quality care at a fee significantly less than is common in the geographic area in which you live. The final choice of health care providers is yours. However, if you receive services from a health care provider included in the PPO, the cost of the co- payment to you may decrease. The PPO benefits are outlined on the Scheduled of Medical Benefits. All PPO and non-PPO plan maximums are combined. MEDICAL BENEFITS 160 3 About Your Medical Benefits All benefits provided under this plan must satisfy some basic conditions. The following conditions are commonly included in health benefit plans but are often overlooked or misunderstood. ,k[edtc'al nece.s'.~'lty, The plan prov/des benefits only for covered services and supplies that are medically necessary for the treatment of a covered dlness or injury. Also, the treatment must not be experimental/investigational. Usual And Customary Charges The plan provides benefits only for covered expenses that are equal to or less than the usual and customary charge in the geographic area where ser,,4ces or supplies are provided. Any amounts that exceed the usual and customary charge are not recognized by the plan for any purpose. Health (;are Provtders The plan provides benefits only for covered services and supplies rendered by a ?/~y.s't'c'~an, practitioner, nurxe, ho.V~ttal or specialized treatmen! facdtty as those terms are specifically defined in the Definitions section. C'u.¥todtal Care The plan does not provide benefits for serv/ces and supplies that are furnished primarily to assist an indiv/dual in the activities of daily living. Activities of daily living include such things as bathing, feeding, administration of oral medicines, or other services that can be provided by persons without the training of a heahh care provider. 1.6 Benefit year The word year, as used in this document, refers to the benefit year which is the 12-month period beginning January I and ending December 31. All annual benefit maximums and deductibles accumulate during the benefit year. Deductibles A deductible is the amount of covered expenses each covered individual must pay during each year before the plan will consider expenses for reimbursement. The individual deductible applies separately to each covered person. The family deductible applies collectively to all covered persons in the same family. When the family deductible is satisfied, no further deductible xvill be applied for any covered family member during the remainder of that 3'eat'. The aamual indi',idual m~d family deductible amounts are shown on thc Schedule of Medical Benefits. Co-Payments Co-payment percentages represent the portions of covered expenses paid by you and by the plan after satisfaction of any applicable deductible. These percentages apply only to covered expenses which do not exceed usual and customary charges. You are responsible for all non-covered expenses and any amount which exceeds the usual and customary charge for covered expenses. The co-payment percentages are shown on the Schedule of Medical Benefits. Out-Of-Pocket Maximums An out-of-pocket maximum is the maximum amount of covered expenses you must pa.',.' during a year, excluding the deductible, before the co-payment percentage of the plan increases. The indMdual out-of-pocket maximum applies separately to each covered person. When a covered person reaches the annual out-of-pocket maximum, the plan will pay 100% of additional covered expenses for that indi,Adual during the remainder of that 3,ear. The family out-of-pocket max/mum applies collectively to all covered persons in the same family. When the annual family out-of-pocket maximum is reached, the plan will pay 100% of covered expenses for any covered family member during the remainder of that year. However, expenses for services which do not apply to the out-of-pocket maximum will never be paid at 100%. The annual indiv/dual and family out-of-pocket maximum amounts are shown on the Schedule of Medical Benefits. Benefit ?,laximums Total plan payrnents for each covered person are limited to certain maximum benefit amounts. A benefit maximum can apply to specific benefit categories or to all benefits. A benefit maximum amount also applies to a specific time per/od, such as annual or lifetime. Whenever the word lifetime appears in this plan in reference to benefit maximums, it refers to the period of time you or your elig/ble dependents participate in this plan or any other Plan Sponsored by Collier County Board of County Commissioners. The benefit maximums applicable to this plan are shown on the Schedule of Medical Benefits. 1.6 3 Covered Medical Expenses When all of the provisions of this plan are satisfied, the plan will provide benefits as outlined on the Schedule of Medical Benefits for the services and supplies listed in this section. This list is intended to give you a general description of expenses for services and supplies covered by the plan. ttospital Services · Semi-private room and board expenses. · Private room and board expenses, only if medically necessary. · /nte~.s'~ve care untt and coronary care unit charges. · Miscellaneous hospital services and supplies required for treatment during a hospital confinement. · Well-baby nursery, physician and initial exam expenses during the initial hospital confinement of a newborn. Charges for the newborn will be considered separately from the mother's expenses. ° Hospital confinement expenses for dental services if hospitalization is necessary to safeguard the health of the patient. · Outpatient hospital services. If you discover an error on an mpattem confinement billing, resolve the error and provide proof of the resolution to the plan, the plan will pay you 50% ofthe amount of the excess charges found on tile hospital bill, to a maximum of S1,000. Emergency Sen'ices · Treatment in a hospttal emergency room or other emergency care facility for a condition that can be classified as a medical emergency. 16D · Ground or air transportation provided by a professional ambulance service to and from a hospital or emergency care facility which is equipped to treat a condition that can be classified as a medical emergency. · Treatment of an accident in a hospital or other emergency care facility. Specialized Treatment Facilities · A skilled nursingfacdity, limited to 90 days per year. · A rehabditationfacilio; · An ambulatory surgical facility. · A birthing center. · A re.s'tdenttal treattnentfacility. · A ,k/ental ,.Vervou.$ treatment facility. · A substance abuse treatment facility. · A p.s'ychiatrzc day treatmentfaciliO,. · A chemical dependency/substance abuse day treatment facility. · A hosp~cefacdiO,. Surgical SerMces · Surgeon's expenses for the performance of a surgical procedure. · Assistant surgeon's expenses not to exceed 20% of the usual and customary charge of the surgical procedure. · Two or more surreal procedures performed during the same session through the same incision, natural body orifice or operative field. The amount eligible 3 3' for consideration is the sum of usual and customary charges for the largest amount billed for one procedure plus 50% of the sum of usual and customary charges billed for all other procedures performed. Two or more surgical procedures performed during the same session through different incisions, natural body orifices or operative fields. The amount eligible for consideration is the sum of usual and customary charges for each procedure performed. · Anesthetic services when performed by a licenses anesthesiologist or certified registered nurse anesthetist in connection with a surgical procedure. · Oral x~r~4er)', I/m/ted to osseous xurgeo, and the removal of impacted wisdom teeth. l?ccon.s'tn~ct~ve surgery when needed to correct damage caused by a birth defect resulting in the malformation or absence of a body part, to correct damage caused by an accidental injury or for breast reconstruction following a total or partial mastectomy. · Surgical treatment of morbid obesity. · Surgical reproductive sterilization. Human organ and tissue transplants. Courses of treatment involving high- dose chemotherapy and radiotherapy and autologous bone marrow transplantation, stem cell rescue or other hematopoietic support procedures are not covered as organ and tissue transplants, except for the following (and only tl',en in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community). Acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non- inflammatory stage II breast cancer with 10 more positive nodes and negative bone marrow. Expenses for the donor will be considered under this plan. · Circumcision. 16g Routine and Preventative Services · PAP tests. Mammograms, limited to I baseline mammogram for covered females age 35-39, 1 mammograrn every 2 years for covered females age 40-49 and 1 mammogram per year for covered females age 50 and over. · Physicals, including gynecological exams, for participants age 17 and over. · Well-child checkups for covered dependents up to age 16. Benefits include vaccinations, inoculations and immunizations. Equipment and Supplies Durable medical equiPment, including expenses related to necessary repairs and maintenance. A statement is required form the prescribing phystctan describing how long the equipment is expected to be necessary. This statement will determine whether the equipment will be rented or purchased. Replacement equipment will be covered if the replacement equipment is required due to a change in the patient's physical condition; or purchase of new equipment will be less expensive than repair of existing equipment. Artificial limbs and eyes and replacement of artificial limbs and eyes if required due to a change in the patient's physical condition; or replacement is less expensive than repair of existing equipment. Original fitting, adjustment and placement of orthopedic braces, casts, splints, crutches, cervical collars, head halters, traction apparatus or prosthetic appliances to replace lost body parts or to aid in tt:eir function when impaired. Replacement of such devices only will be covered if the replacement is necessary, due to a change in the patient's physical condition. Oxygen and rental or equipment required for its use, not to exceed the purchase price of such equipment. Orthotics, orthopedic or corrective shoes and other supportive appliances for the feet. 3 · Surgical treatment oftemporomandibularjoint dysfunction (TM J). · Podiat~. surgeo,. Mental/Nervous And Substance Abuse Se~ices Inpatient ~eaunent of a Mental/Ne~,ous disorder ancot subst~ce abuse. Outpauent ~eatment of a Mental/Ne~ous disorder ~or subst~ce abuse. P~ial ]lo.S~lla]i2alion. Trea~ent of or related to eating disorders. Medical Scm'ices Physictan home ~d o~ce ~sits. b~pat~entph?~c~an ~sits. Secondsurgtca[ OpltlloHx. 77urdsur~lca[ opitliOtl.¥. Pre~ancy-related care for a female employee or spouse only. Te~ination of prelacy for a female employee or spouse only, when the life of the mother would be end.gered if the ferns were c~ed to te~. Dental se~'ices received after an acctdemal tnju~ to teeth. %is includes replacement of teeth and any related x-rays · Chiropracttc.s,e~,~ces. Radiation therapy, ttowever, there is no coverage prov/ded for high-dose radiotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopoietic support procedures for any symptom, disease or condition, except the following (and only then in the case of indi,Aduals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, ttodgkin's disease, ncuroblastoma, Ewing's sarcoma, multiple myeloma (afer induction therapy) and non-inflammataory stage II breast cancer w/th 10 or more positive nodes and negative bone marrow. Chemotherapy. [{owever, there is no coverage prov/ded for high-dose chemotherapy in connection with autologous bone marrow transplantation, stem cell rescue or other hematopietic support procedures for any symptom, disease or condition, except thc fi~llowing (and only then in the case of individuals who qualify as candidates for the procedure under the health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non-Hodgkin's lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma, multiple myeloma (after induction therapy) and non-inflammatory stage II breast cancer with I0 or more positive nodes and negative bone marrow. · Treatment of or related to sleep disorders. · Physical therapy from a qualifiedpractmoner. · Non-custodial services of a nur~'e which are not billed by a home heahh care a,gency. · Home health care provided by a home heah/: care agency, limited to 100 visits per )'cat', · Home · Speech therapy from a qualified practttumer to restore speech loss due to an dh~e.~'.s', mjuO. or surgical procedure. · Occupational therapy. · Treatment of diabetes. · Dialysis. · Acupuncture. · Non-surgical treatment of morbid obesity. · Non-surgical treatment of temporomandibularjoint dysfunction (TM J). · Medically necessary treatment of the feet, including treatment of metabolic or per/pheral-vascular disease. · Routine foot care. · Massage therapy or rolfing, for a medical condition, only if sen'ices are performed by a licensed practitioner. Diagnostic X-Ray And Laborator).' Ser~'ices · Diagnostic charges for x-rays. · Diagnostic charges for laboratory, serv/ces. · Pre-admission testing (PAT). · Amniocentesis. · Ultrasounds. · Allergy' testing. · Magmetic Resonance Imaging (MRI). 16D 3 · Blood and/or plasma and the equipment for its administration. · Allergy.' injections. · Insulin infusion pumps. · Initial prescription contact lenses or eyeglasses, including the examination and fitting of the lenses, to replace the human lens lost through intraocular surgery.. · Wigs or artificial hairpieces, limited to 1 per lifetime. · Sterile surgical supplies after surgery. · Jobst garments. 1.61] Medical Expenses Not Covered The plan will not provide benefits for any of the items listed in this section, regardless of medical necexstt, v or recommendation of a health care provider. This list is intended to give you a description of expenses for services and supplies not covered by the plan. · Expenses exceeding the usual and customary charge for the geographic area in which services are rendered. · Services rendered by anyone other than a covered health care provider. · Treatment not prescribed or recommended by a health care provider. · Services, supplies or treatment not medtcally necessary. Services or supplies for which there is no legal obligation to pay, or expenses which would not be made, except for the availability of benefits under this plan. · Expcrimcntal/invcstigational equipment, services or supplies. · Sc~4ccs furnished by or for the United States Govemment or any other government, unless payment is legally required. Any condition, disability or expense sustained as a result of being engaged in: an illegal occupation; commission or attempted commission of an assault or other illegal act; intentional or accidental atomic explosion or other release of nuclear energy., whether in peacetime or wartime; participation in a civil revolution or a riot; duty as a member of the armed forces of any state or county; or a war or act of war which is declared or undeclared. Anv condition or disability sustained as a result of being engaged in an activity primarily for wage, profit or gain, and that could entitle the covered person ~o a benefit under the Workers' Compensation Act or similar legislation · Educational, vocational or training services and supplies. · Expenses for preparing medical reports, itemized bills or claim forms. · Mailing and,/or shipping and handling expenses. · Expenses for broken appointments or telephone calls. · Sen'ices or supplies furnished, paid for, or for which benefits are provided or required by reason of past or present service of any covered family member in the armed forces of a government · Travel expenses ora phy. Wc~an or a covered person. · An,.' services received from a Health Maintenance Organization (HMO) if the individual is a participant in the HMO. · Intentional self-inflicted inJury or illness while sane or insane. ~ · Sanitarium, rest or custodial care. · Expenses used to satis~, plan deductibles. · Expenses eligible for consideration under any other plan of the employer. · Treatment or services rendered outside the United States of America or its territories, except for an accldental mjuO, or a medical emergency. · Sales tax · h'lecttre hoV~zal a~bm.v.swm.~' on Friday, Saturday or Sunday. · Personal comfort or service items while confined in a hos'pttal, such as, but not limited to, radio, television, telephone and guest meals. · Expenses relating to or incurred in connection with autologous hematopoietic support (e.g., autologous bone marrow transplantation or stem cell rescue), including expenses for high-dose chemotherapy and radiotherapy, for any symptom, disease or condition, except the following (and only then in the case of individuals who qualify as candidates for the procedure under thc health and age standards generally accepted by the national medical professional community): acute leukemia in remission, resistant non- ttodgkin's lymphoma, t todgkin's disease, neuroblastoma, Ewing's sarcoma, multiple mveloma (after induction therapy) and non-inflammatory stage Il breast cancer with 10 or more positive nodes and negative bone marrow. Expenses for or related to the removal of breast or other prosthetic implants that were (I) inserted in connection with cosmetic surgery, regardless of the reason for removal; or (2) not inserted in connection with co.s'rnettc surgery, the removal of which is not currently medlcall)' ~ecexxa~'. · Cosmetic surgeD'. · Kcrato-rcfractiv¢ eve surger)' (surget3' to improve nearsightedness, farsightedness ancL/or astigmatism by changing the shape of the cornea including, but not limited to, radial keratototny and kerato~nileusis xurgery). Reversal of any reproductive sterilization procedure. Surgical impregnation procedures. Elective abortions. Surgdcal treatment for the correction of infertility. Sex change .vur,get3'. Penile prosthetic implants. Expenses related to inserxion or maintenance of an artificial heart. Orthognathic .s'u rge t3'. Genetic counseling. 16g 3 Eye examinations for the diagnosis or treatment of a refractive error, including the fitting of eyeglasses or lenses, orthoptics, vision therapy or supplies. · Hearing examinations, hearing aids or related supplies. · Treatment of or related to an overdose of drug or medication. Expenses for education, counseling, job training or care for learning disorders or behavioral problems, whether or not services are rendered in a facility that also provides medical and/or Mental/Nervous treatment. · Treatment of behavioral or conduct disorders. · Adoption expenses. · Surrogate expenses. · Biofeedback. · Bereavement counseling. · Non-surgical treatment for the correction of infertility. · H3T~nosis. Treatment, instructions, actMties or drugs (including over-the-counter diet pills) for the weight reduction or control, except for the diagnosed condition of tnorhtd ohesiO,'. · Infertility testing. · Genetic testing. Prescription drugs and medicines, including oral contraceptives for purposes other than birth control, prenatal vitamins and insulin and insulin syringes. Benefits are provided by ConsulTec. 3 · Nutritional supplements and contraceptive devices, whether or not a physlctan's prescription is required. · Drugs, medicines or supplies that do not require a physician's prescription. · Occupational therapy supplies. Equipment such as air conditioners, air purifiers, dehumidifers, heating pads hot water bottles, water beds, swim~ning pools, hot tubs and any other clothing or equipment which could be used in the absence of an illness or injury. 1. BD 3 PRESCRIPTION DRUG PLAN About Your Prescription Drug Benefit The prescription drug benefit is an independent pro,am separate from your regular medical plan, and administered by ConsulTec. This provision is included for descriptive purposes only. You must refer to the actual provision in the literature prepared and distributed by ConsulTec for a complete description of covered and not covered expenses. The COnsulTec plan provides benefits only for drugs or medicines prescribed by a physician or practioner, but not to exceed a 30-day supply or I00 unit doses, whichever is greater. TIDe prescription drug benefit cannot be assigned regardless of the assignment provision in Other hnportant Plan Pro,,dsions. Participating Pharmacy The ConsulTec plan provides benefits only for a participating pharmacy's wholesale cost plus dispensing fee. A participating pharmacy is a pharmacy which has entered into a prescription drug plan agreement with ConsulTec. Non-participating Pharmacy The ConsulTec plan provides benefits only for covered expenses that are equal to or less than the usual and customar2:' charge of a participating pharmacy. Prescription Drug Co-Payments A prescription drug co-payment is tide amount of covered expenses you must pay for each prescription before the ConsulTec plan ,,,.'ill make payments. The CensulTec co-payment does not accumulate tov,'ard any other plan deductible or out-of-pocket maximum. The co-payment amount for the ConsulTec plan is S5 fi)r each generic prescription or refill and S10 for each brand-name prescription or refill. MAIl. SERVICE PRESCRIPTION DRUG PROGRAM 3 The mail ser,,4ce prescription drug program is offered when there is an ongoing need for medication. By using this service, you can obtain prescribed medication required on a non-emergency, extended-use basis. The qu,'mtity of a prescribed drug ordered through this program can be anyflfing up to a-day supply. Prescript/on drugs obtained through this program are not subject to the medical plan deductible. However, you are required to pa),' $5 for each generic prcscr/ptJon of refill and SlO for each brand-name prescription or refill. The amount you must pay for each mailorder prescription does not accumulate toward the medical plan deductible or out-of-pocket maximum Prescribed medications v,,hich are covered by 3'our medical plan are also covered by the mail serx4ce prescription drug progTam if thev are normally available at your local pharmacy. However, certain medications cannot be supplied by mail easily (for example, drugs requiring constant refrigeration) and are not available through this pro,am. The law requires that pharmacies dispense the exact quantity prescribed by the physictan or practitioner. So if your physician or practlaoner authorizes the maximum order quantity, the prescription must be for a-day supply for you to receive that quantity. For example, if you take one tablet per day, yourphysic~an or tgrac'tmoner must wr/te a prescription for tablets. If you take two tablets per da3', your physician or tvracUtioner must wr/te a prescription for tablets, etc. If your phymctan or t?ractmoner authorizes refills, these can be dispensed only when .,.'our initial order is nearly exhausted, so be sure to ask .,,'our physlclan or /~racuttoner to prescribe the normal supply, plus refills whenever appropriate. When you order bv ma/l, your prescription is reviewed by a pharmacist, checked for drug interactions, dispensed and verified by quality contrel before it is mailed tO ",'O 1.1. There w/Il be times when you need a prescription inunediatelv. On these occasions, you should have ,,'our prescription filled at a local phari'nacy and use 3'our ConsulTec card. If you need medication immediately but will be taking it on an ongoing basis, ask your ,ohysician or practtttoner for two prescriptions. The first should be for a 14-day supply that you can have filled at a local f ..~7~ 3 pharmacy; the second prescription should be for the balance, up to a-day supply. Send the larger prescription with your co-payment through the Express Pharmacy mail service prescription drug program. NOTE: Certain controlled substances and several other prescribed medications may be subject to other dispensing limitations and to the professional judgment of the pharmacist. 1.6 n COORDINATION OF BENEFITS General Provision When you and/or your dependents are covered under more than one group health plan, the comb/ned benefits payable by this plan and all other group plans will not exceed 100% of the eligible expense incurred by Ihe individual. The plan assuming primao' payor status w/Il determine benefits first without regard to benefits provided under an)' other group health plan. When this plan is the secondary, payor, it will reimburse, subject to all plan provisions, the balance of remaining el/g/Ne expenses, not to exceed normal plan liability if this plan had been pr'/mao,. For purposes of coordination, eligible expense means any usual and customary charge considered in part or full by this plan. ' Government Programs The term group health plan includes the government programs Medicare, 3./ed/c'atd and CHAMP[iS. The regulations governing these programs take precedence over the determination of this plan. For exmnple, in determining the benefits payable under the plan, the plan ,,,,'ill not take inlo account thc fact that you or any eligible dependent(s) are eligible for or receive benefits under a :'t/ed~c'atd plan. Automobile Insurance Benefits payable under this plan will be coordinated with benefits provided or required by any no-fault automobile insurance statute, whether or not a no-fault policy is in effect, and/or any other automobile insurance. Other Group Plans An.,,' group health plan which does not contain a coordination of benefits prov/sion ,.,,'ill be considered pr/mary. ~q~en all plans cover/ng you and/or ,,,our dependents contain a coordination of benefits prov/sion, order of payment will be as follows: 16D 3 Thc plan covering a person as an activc cmploycc will bc prima~ ovcr a plan covcnng the samc person as a dcpcndcnt, a retiree or a laid-off individual. When a person is an active employee under more than one plan, the plan covering the individual for a longer period of time will be considered primary. The plan covering a person as an employee or a dependent will be primary over tile plan providing continuation coverage (COBRA). A plan covenng a person as a dependent child of non-divorced or non-scparalcd parents will be primary, according to ~vhich parent has the earlier birth date (month and da3') in the year. If both parents have the same birth date, the plan covering the child for the longer period of time will be prima, q,,. Children of l)ivorced Or Separated Parents When all plans covering a person as a dependent child of divorced or separated parents contain a coordination of benefits provision, tim order of payment will be: The plan covering the dependent child of the natural parent designated by court order to be responsible for the child's health care expenses will be considered primao'. In the absence of a court order specifying othenvise, the plan covering the dependent child of a stepparent who is tile spouse of the natural parent having legal custody of the child will be considered primary.. Right to Make Payments To Other Organizations Whenever payments which should have been made by this plan have been made bv an.,,, other plan(s), this plan has the right to pay the other plan(s) any mnount necessa~' to satisN the terms of this coordination of benefits provision. Amounts paid w/Il be considered benefits paid under this plan and, to tile extent of such payments, tile plan will be fully released from any liability regarding the person for whom payment was made. .60 3 OTItER IMPORTANT PLAN PROVISIONS Assignment Of Benefits All flY) benefits payable by the plan are automatically assigned to the provider of services or supplies, unless evidence of previous payment is submitted with the claim. All other benefits payable by the plan may be assigned to the provider of sen'ices or supplies at 3'our option. Payments made in accordance with an assignment are made in good faith and release the plan's obligation to the extent of the payment. Payments will also be made in accordance with any assibmment of rights required by a state Medzcatd plan. Special Election for Employees And Spouses Age 65 And Over If you remain actively employed after reaching age 65, you or your spouse may choose to remain covered under this plan without reduction for Medicare benefits or designate Medicare as the primary payor of benefits. If you choose to remain covered under this plan, this plan will be the primary payor of benefits and .t.fe~hcare will be secondary. If you choose Meal~care as primary', coverage under this plm~ will end. If you do not specifically choose one of the options, this plan will continue to be primaD'. If you are under age 65 and >'our spouse is over age 65, he or she can make his or her own choice. Reimbursement To The Plan I'his section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent, by settlement, verdict or otherwise, for an illness or injury. In that case, you or your dependent (or the legal representatives, estate or heirs of either you or your dependent), must promptly reimburse the plan for ar~y benefits it paid relating to that illness or tty'ury, up to the full amount of the compensation may be characterized and regardless of whether you or your dependent have been made whole). If the plan has not yet paid benefits relating to that l/hie.v.v or mjttt3', the plan may reduce or deny future benefits on the basis of the compensation received by you or 5,'our dependent. 16g 3 In order to secure thc fights of the plan under this section, you or your dependent hereby: (1) grant to the plan a first priority lien against thc proceeds of any such settlement, verdict or other mounts received by you or your dependent; and (2) assign to thc plan any benefits you or your dependent may have under any automobile policy or other coverage, to thc extent of thc plan's claim for reimbursement You or 5'our dependent must cooperate with the plan and its agents, and must sign and deliver such documents as the plan or its agents reasonably request to protect the plan's right of reimbursement. You or your dependent must also provide an.,,' relevant information, and take such actions as the plan or its agents reasonably value of the benefits prov/ded. You or your dependent must not take anv action that prejudices the plan's r/ght of reimbursement. The reimbursement required under this proxSsion w/Il not be reduced to reflect any costs or attorneys' £ccs incurred in obtaining compensation unless separately agreed to. in writing, by tile p/au (ldllqlIllSl?'(l[r)l', in the exercise of /ts sole discretion. Subrogation This section applies whenever another party (including your own insurer under an automobile or other policy) is legally responsible or agrees to compensate you or your dependent for 5'our or your dependent's llhwss or ltljttt'y and the plan has paid benefits related to that llb~ess or injury. The plan is subrogated to all of the rights of you or your dependent against any pan.,,, liable for your or your dependent's tlb~ess or tnJu~, to the extent of tile reasonable value of the benefits provided to you or your dependent under the plan. The plan may assert this right independently of you or your dependent. You or .,,'our dependent are obligated to cooperate with the plan and its agents in order to protect the plan's subrogation r/ghts. Cooperation means providing the plan or its agents with an,,' relevant information requested by the, sigming and delivefing such documents as the plan or/ts agents reasonably request to secure the plan's subrogation clai~n, and obtaining the consent of tile plan or its agents before releasing any party from liability for payment of medical expenses. 16D 3 If you or 5'our dependent enter into litigation or settlement negotiations regarding tile obligations of other parties, you or your dependent must not prejudice, in any way, the subrogation fights of the plan under this section. The costs of legal representation of the plan in matters related to subrogation will be borne solely by the plan. The costs of legal representation of you or your dependent must be borne solely by you or your dependent. Recovery of Excess Payments Whenever payments have been made in excess of the amount necessaD, to satisfv the provisions of this plan, the plan has the fight to recover these excess payments from an), indMduai (including yourself), insurance company or other organization to whom the excess payments were made or to withhold payment, if necessary, on future benefits until the overpayment is recovered. If excess pa.wnents were made for serv/ces rendered to your dependent(s), the plan has the fight to xvithhold pa.wnent on your future benefits until the overpayment is recovered. Further, whenever payments have been made based on fraudulent information provided by you, the plan will exercise its fight to withhold payment on future benefits until the overpayment is recovered. Right To Receive And Release Necessam' Information Thc plan may, without the consent of or notice to an.,,' person, release to or obtain from any organization or person, information needed to implement plan provisions. When you request benefits, you must furnish all the information required to imple~nent plan prox4sions. Alternate Payee Provision Under normal conditions, all Pt'O benefits are payable to the prov/der of sen'ices or supplies. All other benefits are payble to you and can only be paid directly to another party upon signed authorization from you. If conditions exist under which a valid release or assignment cannot be obtained, the plan may make payrnent to any individual organization that has assumed the care or pnncipal support for you and is equitably entitled to payment. The plan must 160 3 make payments to your separated/divorced spouse, state child support agencies or Medicaid agencies if required by a qualified medical child support order (QMCSO) or state Medicafd law. The plan may also honor benefit assignments made prior to your death in relation to remaining benefits payable by the plan. Any payrnent made by the plan in accordance with this provision will fully release the plan of its liability to you. l 3 FILING A CLAIM Your heahh care provider should file claims for you. Electronically submitted claims are processed most efficiently. If unable to file electronically, your health care ?rovtder may submit the following: · HCFA-t 500 (rev/sion 12/90 and late) or UB-92 forms for medical expenses; ADA forms (re,,'ision 1990 and later) for dental expenses; · prescription submittal forms and ',4sion care submittal forms. These are the only appropriate forms for requesting plan payment. If your health care provtder is unable to file one of these forms for you, you are responsible for completing and submitting it. These forms are available from either your health care provtdc, r or employer. Include the following information: · plan participant's name, Social Security number and address; · patient's name, Social Secur/ty number and address if different from the participant's; · provider's name, tax identification number, address, degree and signature; · date(s) ofserv/ce; · diagnosis; · procedure codes (describes the treatment or services rendered); · assignment of benefits, sigmed (if payment is to be made to the provider); · release of information statement, signed; · explanation of benefits (EOB) information if another plan is the primary payor. Claims should be submitted for each individual. Please do not attach or staple claims together. If additional information is needed to process your claim, you or your health care provider will be notified. If you receive a letter regarding your claim, prompt completion and retum of the letter with any requested attachments will expedite processing of the claim. Send complete information to: Florida 1't P.O. Box 3169 Winter Haven, Florida 33885-3169 If you have any questions regarding your claim, please call: (800) 226-3155 Ali claims must be filed with thc plan w/thin 12 months from the date of the expense. How to Appeal A Denial of Benefits If you believe a claim ,,vas improperly settled, the following process is available: Within 60 days of receipt of tile claim, you may request, in writing or verbally, that the plan conduct a review of the processed claim. Tile plan will re,.q'ew the processed claim and inform you whether or not an error was made. Any errors will be corrected promptly. If you are not satisfied with the above review, a v,q'/tten request for a second review may be submitted to the plan within 60 days of the first re,,4ew. The request should state, in clear and concise terms, the reason for disagreement with the way the claim was processed. When the written request is received, the claim will be reviewed again and the results of this review furnished in wr/ting to you within 60 days in most cases, but in no case more than 120 days. All requests for a review of denied benefits should include a copy of the initial denial letter and any other pertinent information. Send all information to: '1.613 3 Florida 1st P.O. Box 3169 Winter Haven, Florida 33885-3169 Requests for appeal which do not comply w/th this procedure will not be considered, except in extraordinary c/rcumstances. 16D 3 OPTIONAL CONTINUATION OF COVERAGE Continuation of Coverage Under Federal Law As mandated by federal lax,,', the plan offers optional continuation coverage to you an&or your dependents if coverage of the eligible beneficiary would othem, ise end due to one of the following events: Termination of your employment for ,'mx' reason except gross misconduct. Coverage may continue for you and your eligible dependents. · A reduction m hours worked by you. Coverage ma.,,, continue for `;'ou and your eligible dependents. · Your death. Coverage ~nay continue for.,,'our eligible dependents. Divorce or legal separation from your spouse. Coverage may continue for that spouse and your other eligible dependents. · You become entitled to Me&care. Coverage may continue for eligible dependents who arc not entitled to Me&care. Loss of eligibility ora covered dependent ch/Id. Coverage may continue for that dependent. Your employer files a Title 1 I bankruptcy petition. Coverage may continue for retirees and their beneficiaries if the plan covers such retirees and beneficiaries w/thin one vt'or of tile date of the bankruptcy petition and if such retiree coverage ends or is substantially reduced w/thin one 3,'ear before or after the filing for bankruptcy. (Please note that the plan lnay not cover retirees, in which case employer bankruptcy is not a qualifying event.) NOTE: l'o choose this continuation coverage, an individual must be a covered person under the plan on the da.;' before the qualifying event or be bom to or adopted bF' you during the per/od of your continuation coverage. In the case of bankruptcy, an indMdual must have retired on or before the date coverage was substantially reduced, or be a beneficiaD' of the retired employee on the day before the bankruptcy. Notification Requirement You or other qualifying indiv/dual(si have the responsibility to inform the plan a~bmn',strator of a divorce, legal separation or a child losing dependent status under the Collier Counr~' Government Group Benefit Plan w/thin 60 days of the quali~ing event. Failure to provide this notification w/thin 60 days w/Il result in thc loss of continuation coverage rights. Your cm?/~yer has the responsibility of notif'ymg the t~hm admmt.¥trator of your death, tcnnination of cmploynlcnt, reduction in hours, cntitlemenl to Merhcare or thc cm?l,~ycr's bankruptcy within 30 days of lhc qualifying event. The plan will notify you and other qualifying individual(s) of conlmt~atJon coverage rights w/thin 14 days of thc notice described above. You and any other qualifying individuals will then have 60 days to elect continuation coverage. Failure to elect continuation coverage v, ithin 60 days after being notified by the ?la;~ arb;~mt.s'trator will result in loss of continuation coverage rights. Maximmn Period Of Continuation Coverage The maximum period of continuation coverage for individuals xvho qualify due to termination of employment or reduction in hours worked is 18 months from the date of thc quali~qng event. If a quali~'ing individual is disabled (as detenmned under the Social Security Act) at thc time of your tennination or reduction ~n hours or becomes disabled al an,,' time during the first 60 days of continuatmn coverage, continuation coverage for the quali~ing indMdual and any non-disabled family members who are also entitled to continuation coverage may be extended to 29 months provided the qual/~'ing indMdual or family member, if applicable, notifies the plan admt~txtrr~tor within the 18-month continuation coverage per/od and within 60 days after receiving notification of disability. 1.6D The maximum per/od of continuation coverage for individuals who qualify due to an,,' other described qualifying event, except bankruptcy, is 36 months from the date of the qualifying event. The max/mum period of continuation coverage for individuals who qualify due to an,,' other described qualifying event, except bankruptcy, is 36 months from tile date of the quali~ing event. Qualifying retirees and widows or widowers of retirees who d/cd before bankruptcy are entitled to lifetime continuation coverage. However, if a retiree dies after bankruptcy, the surviving spouse and dependent children may only elect an additional 36 months of continuation coverage after the death. If an individual experiences more than one qualifying event, the max/mum per/od of coverage will be computed from the date of the emi/est qualifying event, but will be extended to the full 36 months if required by the subsequent qualifying event. However, if 3'our spouse and dependent children would otherwise lose coverage because of a qualifying event, they will be entitled to 36 months of continuation coverage from the date you become entitled to Medicare even if your entitlement to Medtcare does not cause you to lose coverage either because you are still employed or because you had already terminated employment. Cost of Continuation Coverage Tile cost of continuation coverage is determined by your employer and paid by the quali~'ing indiv/dual. If the qualit~ying individual is not disabled, the applicable premium cannot exceed 102% of the plan's cost of providing coverage. The cost of coverage during a period of extended continuation coverage due to a disability cannot exceed 150% of the plan's cost of coverage. You and other qualified individual(s) must make the first payment within 45 days of notifying the plan of selection of continuation coverage. Future payments can be made in monthly installments within 30 days of the due date unless your em/~loyer establishes a longer payment schedule. Rates and payment schedules are established by your emtvloyer and may change when necessary due to plan modifications. 1. BD 3 The cost of continuation coverage is computed from the dfite coverage would normalh' end due to the quali~'ing event. Failure to ~nakc the first payment within 45 davs or any subsequent payment within 30 days of the established due date will result in the permanent cancellation of continuation coverage. \Vhen Continuation Coverage Ends Continuation of c'overage ends on the earliest of: · The date the maximwn continuation per/od expires. · The date the quali~,ing individual becomes entitled to coverage under .~/edt'care. Thc last period for which payment '.*.'as ~nadc when coverage is canceled due to non-payment of tim required cost. The date the employer no longer offers a group health plan to any of its employees. The date the qualifying individual becomes covered under any other group health plan that does not exclude or limit coverage for a pre- existing condition the quali~'ing indMdual ma5' have. DEFINITIONS The following terms define specific wording used in this plan. These definitions should not be interpreted to extend coverage unless specifically provided for under previously explained provisions of this plan. ,'tcctden! 3 An unforeseen and unavoidable event resulting in an Oyury. Acttvel. v At Work (Active EmploymenO You are considered to be actively at work when performing in the customary manner all of the regular duties of your occupation with the employer, either at one of the employer's regular places of business or at some location to which the employer's business requires you to travel to perform your duties or other duties assigned by your employer. You are also considered to be actively at work on each day of a regular paid vacation or non-working day on which you are not totally &.¥ahled. but only if you are performing in the customary manner all of thc regular duties of your occupation with the employer on the immediately preceding regularly scheduled work day. Ambulatory Surgical Facility A public or private facility, licensed and operated according to the law, which does not provide services or accommodations for a patient to stay overnight. The facility must have an organized medical staff of phy.wcians; maintain permanent facilities equipped and operated primarily for the purpose of performing surgical procedures; and supply registered professional nursing services whenever a patient is in the facility. Amendment (Amend) A formal document sigmed by the representatives of Collier County Government. The amendment adds, deletes or changes the provision of the plan and applies to all covered persons, including those persons covered before the amendment becomes effective, unless otherwise specified. Benefit year The 12-month period beg/nning January I and ending December 31, All annual deductibles and benefit maximums accumulate during the benefit year. Blrtht~g Center A public or private facility, other than private offices or clinics of physicians, which meets the free-standing birthing center requirements of the State Department of Health in the state where the covered person receives the serv/ces. The birthing center must provide: a facility ~vhich has been established, equipped and operated for the purpose of providing prenatal care, delivery, immediate postpartum care and care of a child born at the center; supervision of at least one specialist in obstetrics and gynecology; a physician or certified nurse midwife at all births and immediate postpartum period; extended staff privileges to physicians who practice obstetrics and gynecology in an area hospital; at least 2 beds or 2 birthing rooms; full-time nursing services directed by an R.N. or certified nurse midwife; arrangements for diagnostic x-ray and lab services and thc capacity to administer local anesthetic or to perform minor surgery. In addition, the facility must only accept patients with low-risk pre[mancies, have a written agreement w/th a hospital for emergency transfers and maintain medical records on each patient and child. ChiroDractic Serwce.¥ The detection and correction, by manual or mechanical means, of the interference with nerve transmissions and expressions resulting from distort/on, misalignment or dislocation of the spinal (vertebrae) column. 3 Cosmetic Surgery A procedure performed primarily for psychological purposes or to prese~'e or improve appearance rather than to restore the anatomy and/or functions of the body which are lost or impaired due to an illness or itT jifFy. Custodtal Care Sen"ices and supplies furnished primarily to assist an indiv/dual in the act/v/t/es of daily liv/ng. Activities of daily living include such things ass bathing, feeding, administration of oral medicines, or other serv/ces that can be provided by persons without the training of a health care provider. Diagnostic Charges The u.¥ual and customary charges for x-ray or laboratory examinations made or ordered by a physician in order to detect a medical condition. Durable Medical EquU)ment Equipment able to withstand repeated use for the therapeutic treatment of an active illness or injury. Such equipment will not be covered under the plan/fit could be useful to a person in the absence of an illness or in~ur9' and could be purchased without a ph)wictan's prescription. Elective Ho.s:ital Admission Any non-emergency hospital admission which may be scheduled at the patient's convenience without jeopardizing the patient's life or causing serious impairment. Employer Collier County Government. Experimental/lnvestigational Expenses for treatments, procedures, devices or drugs which the plan administrator determines, in the exercise of /ts discretion, are experimental, investigational or done primarily for research. Treatments, procedures, devices or drugs are excluded under this plan unless: Approval of the U.S. Food and Drug Administration for marketing the drug or device has been given at the time it is fitrnished, if such approval is required by law; and Reliable evidence shows that the treatment, procedure, device or drug is not thc subject of ongoing phase I, II or III clinical trials or under study to determine its maxinmm tolerate dose, its toxicity, its safety, its efficacy or/ts efficacy as compared with the standard means of treatment or diagnoses; and Reliable evidence shows that the consensus of opinion among experts regarding the treatment, procedure, device or drug is that further studies or clinical trials are not necessary to determine its maximum tolerated dose, its toxicity, its safety, its efficacy or its efficacy as compared with the standard means of treatment or diagnoses. Reliable evidence includes anything determined to be such by the plan administrator, within the exercise of its discretion, and may include published reports and articles in the medical and scientific literature generally considered to be authoritative bv the national medical professional community. Health Care ProvMer A ph?tctan, practttioner, nurse, hoxpital or specialized treatment fac'i[tt), as those terms are specifically defined in this section. Home Health Care Agency A public or private agency or organization, licensed and operated according to the law, that specializes in providing medical care and treatment in the home. The agency must have policies established by a professional group and at least one physictan and one registered graduate nurse to supervise the services prov/ded. Home Ho.s~ice A program, licensed and operated according to th.e law, which is approved by the attending tvh)xtcian to prov/de palliative, supportive and other related care in the home for a covered person diagnosed as terminally ili. HosFtce Facility A public or private organization, licensed and operated according to the law, pr/maNly engaged in prov/ding palliative, supportive and other related care for a covered person diagnosed as terminally ill. The facility must have an interdisciplinary medical team consisting of at least one physician, one reg/stered nurse, one social worker, one volunteer and a volunteer program. A []ox[;tce fac/lity is not a facility, or part thereof which is primarily a place for rest, custodial care, the aged, drug addicts, alcoholics or a hotel or similar institution. A public or private facility, licensed and operated according to the law, which provides care and treatment by physicians and nurses at the patient's expense of an illness or injury through medical, surgical and d/agnostic facilities on/ts premises. A hospttal does not include a facility or any pan thereof which is, other than by coincidence, a place for rest, the aged or convalescent care. /llnes.~ 3 Any bodily sickness, disease or MentabNervous disorder. For purposes of this plan, pregnancy will be considered as any other illness. hyu~3, A condition wh/ch results independently of an illness and all other causes and is a result of an externally violent force or accident. ]npattent Treatment in an approved £acilitv dur/ng the period when charges are made for room and board. ]~I[CII.wve care A section, ward or wing within a hospital which is operated exclusively for critically ill patients and provides special supplies, equipment and constant observation and care by registered graduate nurses or other highly trained personnel. This excludes, however, any hospital facility maintained for the purpose of providing normal post-operative recovery treatment or service. LtfellmC The period of time you or your eligible dependents participate in this plan or any other Plan Sponsored by Collier County Board of County Commissioners. ,~4edicmd Title XIX (Grants to states for Medical Assistance Programs) of the United State Social Security Act as amended. Medical Emergency An ti/ness or ityury which occurs suddenly and unexpectedly, requiring immediate medical care and use of the most accessible ho.vpttal equipped to furnish care to prevent the death or serious impairment of the covered person. Such conditions include, but are not limited to, suspected heart attack, loss of consciousness, actual or suspected poisoning, acute appendicitis, heat exhaustion, convulsions, emergency medical care rendered in accident cases and other acute conditions. Medically necessary (Medical necessity) Serv/ces or supplies which the plan administrator determines, in the exercise of its discretion, are generally acceptable by the national medical professional community as being safe and effective in treating a covered illness or injury, consistent with t he symptoms or diagnoses, furnished at the most appropriate medical level and not primarily for the convenience of the patient, a health care provider or anyone else. Because a heahh care provider has prescribed, ordered or recommended a service or supply does not, in itself, mean that it is medwally necessary as defined above. Medicare Title XVIII (Health Insurance for the Aged and Disabled) of thc United States Social Security Act as amended. Mental Nervous Disorder For purposes of this plan, a Mental/Nervous disorder is any diagnosed condition listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM, most recent edition, rev/sed), except as specified in Medical Expenses Not Covered, for which treatment is commonly sought from a psychiatrist or mental health provider. The DSM is a clinical diagnostic tool developed by the American Psychiatric Association and used by mental health professionals. Diagnoses described in the DSM will be considered Mentab3Ver~,ousin nature, regardless of etiology Memal Nervous Treatment [:acthO, A public or private fac/lit3', licensed and operated according to the law, which provides a program for dia~osis, evaluation and effective treatment or Mental/Nervous Disorders; and professional nursing services provided by licensed practical nurses who are directed by a full- time R.N. The facility must also have a physician on staffor on call. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. Morbid Obesity A diagnosed condition in which the body weight exceeds the normal weight by either 100 pounds or it twice the normal weight of a person the same height, and conventional weight reduction measures have failed. The excess weight must cause a medical condition such as physical trauma, pulmonary and circulatory insufficiency, diabetes or heart disease. Nut'se A person acting within the scope of his/her 1 icense and holding the degree of Registered Graduate Nur.w (R.N.), Licensed Vocational Nurse (L.V.N.) or Licensed Practical Nurse (L.P.N.). Oral S~rget3' Necessary procedures for surgery in the oral cavity, including pre- and post-operative care. 16g 3 Outpatient Treatment either outside of a hospital setting or at a hospital when room and board charges are not incurred. Partial Hospitalization A distinct and organized intensive ambulatory treatment service, less than 24-hour daily care specifically designed for the diagnosis and active treatment of a Mental/Nervousdisorder when there is a reasonable expectation for improvement or to maintain the individual's functional level and to prevent relapse or hospitalization. Partial hospitalization programs must provide diagnostic services; services of social workers; psychiatric nurses and staff trained to work with psychiatric patients; individual, group and family therapies, acti~dties and occupational therapies; patient education; and chemotherapy and biological treatment interventions for therapeutic purposes. The facility, providing the partial hospitalization must prepare and maintain a written plan of treatment for each patient. The plan must be approved and per/odically reviewed by a physician. l'hystcally Or Mentally Handicapped The inability of a person to be self-sufficient as a result of a condition such as mental retardation, cerebral palsy, epilepsy or another neurological disorder and diagnosed by a physician as a permanent and continuing condition. Physician A person acting within the scope of his/her license and holding the degn'ee of Doctor or Medicine (M.D.) or Doctor of Osteopathy CD.O.) and who is legally entitled to practice medicine in all its branches under the laws of the state or jurisdiction where the services are rendered. 3 Plan administrator The plan administrator, Collier County Board of County Commissioners, pursuant to the collective bargaining agreement, is the sole fiduciary of the plan, and exercises all discretionary authority and control over the administration of the plan and the management and disposition of plan assets. The plan administrator shall have the sole discretionary, authority to determine eligibility for plan benefits or to construe the terms of the plan. The plan admimstrator has the right to amend, modify or terminate the plan in any manner, at any time, regardless of the health status of any plan participant or beneficiary. The plan administrator ma.,,' hire someone to perform claims processing and other specified services in relation to the plan. Any such contractor will not be a fiduciary of the plan and will not exercise any of the discretionary authority and responsibility granted to the plan administrator, as described above. Plan Sponsor Collier County Board of County Commissioners. Plan year The 12-month fiscal period for Collier County Government beginning October 1 and ending September 30. PF61cIitlon(3F A physician or person acting within the scope of applicable state licensure/certification requirements and holding the degree of Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine (D.M.D.), Doctor of Podiatry Medicine (D.P.M.), Doctor of Chiropractic (D.C.), Certified Nurse Midwife (C.N.M.), Certified Registered Nurse Anesthetist (C.R.N.A.), Registered Physical Therapist (R.P.T.), Psychologist (Ph.D., Ed.D., Psy. D.), Licensed Clinical Social Worker (L.C.S.W.), Master of Social Work (M.S.W.), Speech Therapist, Occupational Therapist, Acupuncturist, Licensed Massage Therapist or ]~]I)TicielII'S Assistant. Prefc'rred t)rov~de Organization (PPO) SunHealth, including those health care providers who have contracted with Collier County Government to provide certain services for which benefits are considered at special levels. P.%vchtatrtc Day Treatment Facility A public or private facility, licensed and operated according to the law, which provides: treatment for all its patients for not more than 8 hours in any 24-hour period; a structured psychiatric program based on an indiv/dualized treatment plan that includes specific attainable goals and objectives appropriate for the patient; and superx4sion by a p/(vxtctan certified in psychiato' by the American Board of Psvchiatp,' and Neurology. 1'he facilitv must be accredited by the Program for Psychiatric Facilities or the Joint Commission on Accreditation of Hospitals. Reconstructive Surgery A procedure performed to restore the anatomy and/or functions of the body which are lost or impaired due to an injury or illness. Rehahthtatton Facility A legally operating institution or distinct part of an institution which has a transfer agreement wifl~ one or more hospitals, and which is primarily engaged in providing comprehensive multi-disciplinary physical restorative serv/ces, post-acute hospital and rehabilitative mflauent care and is duly licensed bv the appropriate government agency to provide such services. It does not include institutions which provide only minimal care, custodtal care, ambulatory or part-time care services, or an institution which primarily provides treatment of Mental/Nervous Disorders, substance abuse or tuberculosis, except if such facility is licensed, certified or approved as a rehabilitation facility for the treatment of Mental/Nervous conditions or substance abuse in the jurisdiction where it is located, or is accredited as such a facility by the Joint Commission for the Accreditation of Health Care Organizations or the Commission for the Accreditation of Rehabilitation Facilities. Residential Treatment Facility A child-care institution flint provides residential care and treatment for emotionally disturbed children and adolescents. The facility must be accredited as a residential treatment facility by the Council on Accreditation, the Joint Commission on Accreditation of Hospitals or the American Association of Psychiatric Services for Children. Secoud Surgical Opinion Examination by a physician ,.,,'ho is certified by the American Board of Medical Specialists in a field related to the proposed surgeD' to evaluate the medical advisability of undergoing a surgical procedure. .gktllcd ,Vur.vlng [:acility A public or private facility, licensed and operated according to the law, which provides: permanent and full-ti~ne facilities for !0 or more resident patients; a registered nurse or physician on full-time duty in charge of patient care; at least one registered nurse or licensed practical nut. Ye on duty at all time; a daily medical record for each patient; transfer arrangements with a hospital; and a utilization review plan. The facility must be engaged in providing continuous skilled nursing care for persons during the convalescent stage of their ilb~exs or inJury, and is not, other than by coincidence, a rest home for custodial care or for the aged. .%'pec~altzed Treatment [:actlits' Specialized treatment facilities as the term relates to this plan include skilled nursing facilities, rehabilitation facilities, ambulatory surgical facilities, birthing centers, residential treatment facilities, Mental:Nervous treatment facilities, substance abuse treatment facilities, psychiatric day treatment facilities, chemical dependency/substance abuse day treatment facilities and Hosptce facilities as those terms arc specifically listed in Covered Medical Expenses. Substance Abuse Treatment Facility A public or private facility, licensed and operated according to the law, which provides: a program for diagnosis, evaluation and effective treatment of substance abuse; detoxification serv/ces: and professional nursing services provided by licensed practical nurses who are directed bra full-time R.N. The facility must also have a p/iyxtctcm on staffor on call. Thc facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological and social needs. The facility must prepare and maintain a written plan of treatment for each patient. The plan must be based on medical, psychological ,'md social needs. Surgery An,,' operative or diagnostic procedure performed in the treatment of an miur3' or dh~e.~',s' by instntment or cutting procedure throu~ any natural body opening or incision. Ihird Surgical Opinion Examination by a Fhystctan who is certified bv the A~nerican Board of Medical Specialists in a field related to the proposed surgery to evaluate thc medical advisability of undergoing a surgical procedure. Total Disability (Totally Disabled) The inability to perform all the duties of your occupation with Collier County government or any other type of work for wage or profit as the result of a non-occupational illness or injury. A dependent will be considered totally disabled if, because of a non-occupational injury or illness, he or she is prevented from engaging in all the normal activities of a person of like age who is in good health. Usual And Customary Charge The charge most frequently made to the majority of patients for the same service or procedure. The charge must be within the range of the charges most frequently made I n the same or similar medical service area for the service or procedure as billed by other physicians or practitioners. See benefit 3,ear. 160 3 GENERAL INFORMATION Name And Address Of The Plan Sponsor Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Plan administrator Collier County Board of County Commissioners 3301 East Tamiasm Trail Naples, FL 34112 (94 I) 774-8461 Name And Address Of The Designated Agent For Service Of Legal Process County Attorney of Collier County 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8461 Name And Address Of The Plan Trustees Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941 ) 774-8461 Internal Revenue Service And Plan Identification Number The corporate tax identification number assigned by the Internal Revenue Service is 59-6000558. The plan number is 47001. 160 Plan ),ear 'Iq~e Plan year is the 12-month fiscal period for Collier County Government beginning October I and ending September 30. Method of' Funding Benefits ttealth benefits are self-funded fi.om accumulated assets and are provided directly from the Plan Sponsor. The Plan Sponsor may purchase excess risk insurance coverage which is intended to reimburse the Plan Sponsor for certain losses incurred and paid under the plan by the Plan Sponsor. Such excess risk coverage, if any, is not part oft.he plan. Payments out of the plan to heahh care provtders on behalf of the covered person will be based on the prov/sions of the plan. Collective Bargaining Agn'eement This plan is maintained pursuant to one collective bargaining agreement. A copy of the collective bargaining agreement may be obtained upon written request to the plan administrator, who may make a reasonable charge for the cop.,,', and it is also available for examination by participants and beneficiaries at: Ochopee Fire Department 3301 East Tamiami Trail Naples, FL 34112 COMMISSIO,,ERS BOARD OF COUNTY MISCEI,I.ANEOUS COI{RESPONI)F, NCE MARCII 23. 1999 1 FOR BOARI) :\CTI¢)N: 1. .MISCEI.I...\NI!(){ 'S ITF. MST() I"II.F. I:(}R RI!CORI) WI'I Il .,\CTI¢)N AS I)IRF, CTED: Clerk of Courts: Submitted fl)r public record, pursuant to Florida Statutes. Chapter 136.0611 ). thc disbursements for the Board of County Commissioners for the period: A. Febmar?.' 22 - 26. 1999 [3. ?.larch I -5. 1999 Districts: Collier Count.,.' l tousing Authority - Annual Financial Report FYE 9/30/98. Approved Budget FY 1998-1999. Registered Office and Agent. Schedule of Regular Meetings 1998-1999. Description of Outstanding Bonds FYE 9/30/98. Public Facilities Report, and Audit and Management Letter FYE 9/30/98 Collier Mosquito Control District - Public Facilities Report and District Map Pon of the Islands Community Improvement District - Notice ot' meeting of Fcbruar5' 18. 1999 and minutes of meetings held August 6. October 15 anti November 19. 1998 and Januar.v 21. 199{) I). S,)uth Florida Water Nlanagcmcnt District - Comprehensive Annual Financial Report FYE 9/30/98. Management Letter FYE 9;30 98. Schedule of Governing Board Meetings lbr 1998-1999. District Map .X. linutcs: ..\. :\flbrdable t lousing C'omrnissi~m - .Minutes of meetings ol'¢)ctober 22. 1998 and December 17. 1998 and January 2l. 1999 [3. Airport At, thority - Minutes of Meeting of Januarv I 1. 1999 and agenda of February 8. 1999 Code Enforcement Board (South) - Minutes of meeting of January 8. 1999 Collier County Planning Commission - Agenda of February 18, 1999 and AGEI'IDA~ITEM MAR 2 3 1999 Pg.. minutes ~I' m¢cfin~ of.lanu:~ry 2 I, l Og~ (;. (J,fldcn (;;itc 1½cautitication Advisory Committee - Agenda or' March 9. 1999 and minutes c,f meeting of February '). 10g0 Parks and Recreation Advisoo' Board - Agenda ~,t' Fcbruar3' 24. lggg and minutes of meeting of January 27. 1999 Radi~ Road t)cat~tification Advisor5' (',mmittee - Agenda of Nlarch M. 1999 and minut¢~ of meeting ~ff l:cbmao 8. I gg0 AGE ND/~ ITEM N- '' f " HAR 2 3 1BBB Pg.~ MI'LMO R ANDUM I)ATE: T(): FR¢),M: AI)MINI.WI't,;..~IIVI. '~>:,171 \NJ 1)Jt'.l,u l~nt~ .llt;Ichud ;1 JlstI/1.t~ o1' fhc dlQ),lr,cmcnp~ l',~r tile lt~Jartt t,f (ounfv (J,~mml~SltJll¢.rs thc purl, ,d :.l.m Il 1 thr,,ugh :,L~rch :5. 1999 I1' v, ,t~ ha',c :m:' ,iuu-m,n~ regarding tills ma.er, please tclcphtmc mc at '/7-I-8-181. 'lhank ytm fi~r 1 BCC VENDOR ~,IANUAL '/,/ARRANT LOG DATE H/M~f~ 03/03/1999 E.B. Bud Dixon, Clerk of Courts 03/03/1999 City of Marco Island 03/03/1999 City of ~Jarco Island 259.62 29,836.89 4.84396 480129 480130 480131 R F...A,SObl PP11 Child Support Pml Reimb.-Cable Franchise Fee Reimb.-Cable Franchise Fee 1 BCC PAYROLL MANUAL WARRANT LOG DAZE I~IAME 03/02t99 Jo-Anne Leamer 03/02/99 Samuel E. Poole Jr. 03~04~99 Allen Janosky 03/04199 Brian Costin 1,555.31 50.00 1,204.60 9.47 201194 201195 201196 201197 Account Closed Employee - Month Vaca\Sick Term Dental Reimb. ('t.)l.l,l I.~R (~() I'.'< TY. I- 1.(~ P, I I)A i N.\.'x ( I( ,~ .\~ (' ( ;1' .'< 'I IN(; 3)1..1'.\ I('l'~l Ii'<'1' M E,~! ¢) gA N i) IL~I '1 (): BCC VENDOR MANUAL WARRANT LOG 02/22/99 Henderson. Young & Co 02/22.~99 Clerk of Courts, Dwight Brock 02,'22:99 F~rsI Umon Bank 02~22,'99 Florida Dept of Revenue 02,24:99 Paint Doctor 02:24i99 Petroleum Traders 02/24/99 Sears Industrial Sales 02/24,'99 Terra 02/25,'99 FI Unemployment Compensabon 02/25/99 Harriet Protos 02/25/99 F~rst Title & Abstract. Inc 02/26/99 Marco Island Chamber of Corem 12,427.15 209,085,25 115.832.55 7.242,36 1,216.21 1,650.56 124.32 558.00 2.204.33 1.658,42 3.959.98 11.833.81 478794 478795 478796 478797 479494 479495 479496 479497 478498 479500 479501 479502 BEA$ON Contractual Svc Collier vs Pulling 98-1674CA Property & Casualty 1/99 Sales Tax Paint M~sc Headwalts Fuel Tools Ant Bait Quarterly Unemployment Invoice Relocation Moving Expense Livingston Road Project Advertising & Promotion MEMORANDUM qECFIVF.-r.~ II 'Misc'~ C0rreS~°ndence Agenda II Date ~' toun~iss tonar~; [j Agenda Item # TO: FROM: DATE: RE: Sue Fdson. Adminislrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 4, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and M~scellaneous Correspondence agenda item number, Collier County Housinq Authority 1. Pursuant to Florida Statutes Chapters 189 and 190, the Collier County Housing Authority has submitted the follow~ng: (a) (b) ~d) (e) (f) (g) Thank you Annual F~nancial Report for FYE 9130198 Approved Budget for FY 1998-1999 Reg,stered Office and Agent Schedule of Regular Meetings for 1998-1999 Description of Outstanding Bonds for FYE 9130198 Public Facilities Report Audit & Management Letter for FYE 9~30~98 I Fehrua~' 24. 1999 Dwight E. [',rock Clerk or' thc Circuit Court Finance Department 2671 Airport Road. Court Plaza Ill Naples. Fk)rida 3-1112 _RECEIVEo FEB2 51S99 FINANCE .":,pccial Attention: Derek M. Jolmssen l)car .Mr..lohn,~scn: Attached please lind all thc reports with thc exception ot'a district map. As discussed previously with stall: our district is in thc N)undarics of Collier County. Spccilicall.x enclosed: 3. 4. 5. 6. 7. Annual Financial Report for FYF. 9/30/98. Approved Budget for FY 1998-1999. Registered Office and Agent. .'4chedulc of Regular Meetings fi~r 1998-1999. Description of Outstanding Bonds lbr FYE 9/30:98. Public Facilities Report. Audit & Management I.etter FYE 9/30/98. I hope this brings total satislhction to ot, r reporting requirements. If you have an.',' questkms. please contact me directly. 5, inccrclx. l:rcd N. 't'homas. Jr.. F. xccutive [)ircctor Collier Cr~unly l{ou>mz .\uth',r::', * ]~w~ t'.in~ \'t-rk?r '&a5' * hm:l,,k.flt't' Fl,,mt., 3-+1,2 * *,¢+l.,~-.~-.es ,, FAX ~9fl)6-37-7232 # Approved Bt~lget 1~-I~ REVENUE Resident Rents Miscellaneous Rents Interest Income Other Income $1.645.114 41,400 77,500 99.100 Total RevenueS1 863 il4 OPERATIONAL EXPENSES Administrative Maintenance Security Utilities Debt Service Reset,es 834.527 525,090 39,511 79,000 168,490 251,496 Total Expense $1 898 114' * $35,000.00 will cotne out of reserves for capital equipment. Dwelling Rents 66 x 1Br units 48 Weekly 198 x 2Bt units 54 Weekly 172 x 3Bt units 60 Weekly 135 x4Brunits 65 Weekly Total 4 % Vm:ancy Total Dwelling Rents 1998-1999 164,736 555,984 536,640 456,300 1,713,660 {68,546} 1 645 114 161,304 545,688 527,696 449,280 1,683.968 {67,359} I 616609 1 Convenience Store and Laundry = 18,000 18,000 Security. Unit = 2,400 2,400 Parking Permits = 20,000 20.000 Storage Fees = 1.0t30 1,000 Total Miscellaneom Rents Interest Income Debt Service Fund General Reserve Fund Insurance Reserve Fund Total Interest Income 6,000 70,000 1,500 27,S00 6,000 70.000 1,500 Other Income Maintenance Charges Legal Fees & Late Charges Garbage Collection Fees Key Replacement Fees Bad Debt Collection Daily Cash Surplus Miscellaneous Income Total Other Income 18,000 18,000 57,000 1.000 2.000 100 3.000 18,000 18,000 57,000 1,000 2,000 100 3.000 Total Revenue I 863 114 1_,_834.~9 16G 1 Executive Director Administrative Assistam Ackninistrative Manager Fiscal Coordinator Accounts Receivable Clerk Assistant Accounts Receivable Clerk Resident Manager Assistant Resident Manager Occupancy Coordinator Receptionist Typist Secretary Total Administrative Salaries Contract Services: Accouming Audh General Consulting Services Contracts Cast~ .n, lmumnee: Vehicle FideliD, Fire and Windstorm Public Liability & Officers & Directors Worker's Compensation General Administrative: Subscriptions Dues Travel Collection Losses Training PILOT Postage Total CasualLy Insurance 69,425 26,165 38,658 32,860 19,573 15,702 33,478 20,552 27.542 14,605 20,552 319 112 2,000 13,000 16,000 5,000 14,000 16.000 4.000 94,000 44.000 30,000 188000 2,000 2,000 12,000 2,000 5,000 6,000 7,000 199%i998 68,865 23,656 35,755 28,253 19,574 15,335 33,477 20,551 26.190 13,888 20,552 306.096 1,000 12,000 16.000 5,000 14,000 16.000 4.000 82.000 46,000 32.000 180.000 2.000 2,000 12,000 2,000 5,000 6,000 6,000 199S-199~ 1997-1998 Office Supplies 8,000 8,000 Miscellaneous 5,000 5,000 Fringe Benefits FICA 49,165 49,400 Unemployment 2,250 2,000 Health Insurance 73,000 63,700 Overtime 3,000 3.000 Other 1,000 1,000 Total General Administrative 277 415 267. 100 16G 1 Tot:d Administxafive MAINTENANCE Salaries: Maintenance Manager 36,909 5 x Maintenance Technicians 107.330 8 x Maintenance Laborers 137.589 I x part-time Janitorial 8,705 834 527 3% Increase Toud Salaries 290 533 Contracts: Appliances 1,000 Electric 1,000 Equipment 10,000 Total Maiutemmee Contracts ~ Supplies & Materials: Appliance Parts 25,000 Palm & Chemicals 35,000 Electrical Parts 15,000 Equipment Parts 20,000 Fuel 14,000 Plumbing Parts 28,000 General Materials 40,000 C~pital Equipment*: Total SuppLies and btaterials 34,128 101.247 144,222 9,000 8,658 1,000 1,000 10.000 23,000 40,000 14,000 16,000 14,000 30.000 40,000 Kitchen Appliances 35,000 35,000 Office Equipmem 5.000 4,619 Maintenance Equipment 5.557 11.800 Other Equipment 99.000 Total Capital Equipment * S~e ARaetanent A Total Maintenance 2 x Securi~/Offices tYnLmES ElectNc Garbage Disposal Water/Sewer Telephone 3% Increase Total Security. Total Utilities DEBT SERVICE Bond Retirement: Series Series "B" Sm'ies "C Series "D" Bond Interest: Series "A" Series Series "C" S~es "D" Total Debt ,Service RESERVES Regular Insurance 251,496 4- Total Reserves Total Operafonal Expemes 1998-1999 33,011 6,500 25,000 36.000 3,000 15,000 79 000 28,000 33,000 58,000 26,000 2,050 4,200 9390 7,250 168,490 251 496 ! 898 114 32.832 985 6,500 25.000 31.000 ! 7.000 28,000 33.000 57.000 25,000 2,330 4,530 10.560 7,500 16G 1 Appthux:es: Stoves Atmehm~ A Reqtmsted Capital F, quipmem Office Equipment: Misc. F urnitu Cre,__C.9..~ ut er Maintemmee Equipment: Misc. Tools for shop_.____ Other:. ** Out of Rer, erves: $35.000.00 # 5O # 50 # TOTAL TOTAL TOTAL GRAND TOTAL $ 17 500.00 $ 17,500.00 $ 5000.00 $ 5.557.OO $ 5 557.00 $ ,t'7 557.0O 1 ~PECIAL ISTRICT R NG Sec"Jon 1B.9.416, Rorida Statutes, requires that each si:~ectaJ district'in the state designate a registered office and a registered agent and f~e lt~ Information with the Department of Community Affairs and the IocaJ governing asdh~, Collier County Board of County Commissioners. Any changes in regfstered agent and. regfstered office rnt~ be reported to the above named agendes. In the space below, please provide the correct name and address of yo~ current r"--"'--"'"'"" eggstered agent: DISTRICT NAME ! REGISTE.~ED AGENT REGISTE.~ED OFFICE In addition, please provide the teJephone number of your regfstered agent: PHONE NU .N1B E.~ Indicate your district's status (dependent or independent) by ma~king an X in the appropriate space. (See So.ion 189.403, Florida Statutes, for definitlons.) DEPENDENT INDEPENDENT x If the ac:ual locntJon of your special district o~ce is di[ferent from that of your registered agent, provide Ihe dis:rfc*,'s business address in the space below:. Please return this form, to the address below: Cailler County Courthouss :]301 Tarniami Tra~ East Fgnance Department, Bldg. F 4~ Floor Naples, Florida 33962 16a 1.. COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETING August 25, 1998 (annual) November 24, 1998 February 23, 1999 May 25, 1999 August 24, 1999 (annual) November 23, 1999 DESCRIPTION OF OUTSTANDING BONDS We have previous bond sales during the period 1972 Io 1993 and in 1990 with outslanding debts. The balances as of September 30. 1998 are as follows: 1972 Bond "A" S205.000 1976 Bond "B" $420.000 t 981 Bond "C" $999.000 1990 Bond "I)" ~.~ Total 52.349.000 Public Facilities Report Collier County Housing Authority "AT A GLANCE" 1 GENERAL: Farm Worker Village a Five Hundred Seventy-One (571) unit community for domestic farm laborers was built in four (4) sections. Section "A" has 150 units, opened in 1974 Section "B" has 126 units, opened in 1978 Section "C" has 250 units, opened in 1983 Section "D" has 50 units, opened in 1991 Collier Village has 30 units, opened in 1991 These 30 units are part of the Collier Village PUD in which the Collier County Housing Authority partnered with the Collier County Concerned Citizens, Inc. to develop a 40-acre parcel of land on South 5th Street, donated by the Barron Collier Company, utilizing a Community Development Block Grant to develop water management, streets, sidewalks and underground utilities. The Collier County Housing Authority guaranteed this grant by building the 30 units in less time than it took to build the infrastructure. All of the units are the same basic design with the one (1) bedroom unit built in four- plexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedroom units are single family dwellings. This configuration yields: 66 = 1 bedroom units 198 = 2 bedroom units 172 = 3 bedroom units 135 = 4 bedroom units The racial make-up of the residents are: 63% Hispanic; 33% Haitian; 3% American Black and 1% Caucasian. RENTS: One (1) bedroom unit Two (2) bedroom unit Three (3) bedroom unit Four (4) bedroom unit $47.00 per week $53.00 per week $59.00 per week $64.00 per week These rents were made possible by grants and a Iow interest loan from Rural Development, formerly Farmers Home Administration. SUPPORTIVE SERVICES: Three (3) Day Care Centers, one in each section (except D) operated by Redlands Christian Migrant Association. · One (1) Health Clinic operated by Marion E. Fether Medical Center. · Two (2) postal service areas. · One (1) convenient store and laundromat. · Education building housing a GED Program, Homework Club and Alternative School for pre-expulsion students. an ELIGIBILITY: To be eligible to live in Farm Worker Village, the head of the household "must be a domestic farm labor earning a substantial portion of his or her income from domestic farm labor." Specifically, the head of the household must be a citizen or a permanent resident earning at least $2,700 in domestic farm labor. OTHER SERVICES: The Housing Authority in cooperation with the US Department of Housing & Urban Development (HUD) also administers a Section 8 Housing Program that provides 361 certificates of rental assistance to very Iow-income families in Collier County. As of 31 March 1998 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 609 N. Highway 17-92 Suite I02E DeBary, Florida 32713 TELEPHONE (904) 851-0082 FACSIMILE (904) 8514)084 November 10, 1998 Executive Director and Board of Commissioners Collier County Housing Authority Immokalee, Florida In planning and performing our audit of the financial statements of the Collier County Housing Authority for the year ended September 30 1998, we considered the Authority's internal control structure to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on the internal control structure. However, during our audit we became aware of several opportunities for strengthening the Authority's internal controls and operating efficiency. The memorandum that accompanies this letter summarizes our comments and suggestions regarding those matters. We previously reported on the Authority's internal control structure and reportable conditions and on the financial statements of the Collier County Housing Authority in our report dated November 10, 1998. We will review the status of these comments during our next audit engagement. We have already discussed many of these comments and suggestions with various Authority personnel, and will be pleased to discuss them in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. If you have any questions regarding these comments and suggestions, please do not hesitate to call. Thank you for your kindness and cooperation during the audit field work. Sincerely, MALC~P.A. Certified Public Accountants COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida eme t t Housin Assistance Pa en t~o 8 o am C sh aha ement. During our current year audit, we continued to note that the Authority did not make provisions for review of the estimated cash needs within ninety days into the new budget year in order to prevent overadvances of funds as required by PIH Notice 94-64. As a result, the Housing Assistance Pa3~ents (Section 8 Program), received advances in excess of five percent (5%) of the total annual contributions required for the budget year. The AuthoriTy is required to immediately submit a revised requisition if it appears that the Authority will receive advances in excess of five percent (5%) of the total annual contributions required for the budget year. The revised requisition must be received by the Field Office no later than 45 days before the beginning of the third quarter (April 1, 1998) of the Authority's fiscal year. Excess draw do'~ns remain in excess of five percent (5%) allowance at September 30, 1998 in the Moderate Rehabilitation Program of thirty-five percen~ (35%). However, this program is closing into the Certificate program effective early 1999. Voucher program excess was twelve percent (12%). However, vouchers doubled in unit size from 91 to 181 units star~ing in February 1998 causing draws to be excessive. ! I I I i I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida REPORT ON AUDIT OF FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION FOR THE YEAR ENDED SEPTEMBER 30, 1998 I I I I I I I I I I I I I I I I I I Independent Auditors' Report on Financial Statements and Supplemental Information ~ I,.~.,C IAL S__TATEME,';T_~S: Balance Sheet Statement of Operations and Retained Earnings Statement of Cash Flows - Rural Development Subsidized ttousing Only (Proprietary Fund Type) Balance Sheet - Section 8 Programs Statement of Analysis of Surplus . Section 8 Programs Statement of Income and Expenses - Section 8 Programs ,,ores to Financial Statements SUPPI~\I. INFOP. MATIO?I Statement of Revenues and Expenditures Compared to Budget (Proprietary Fund Type) Rural Development Subsidized Housing Only Computation of Annual Contributions Earned and Project Account Operatir, g Reserve Changes }{o,.zsing Assistance Payments Program Analysis; ~f General Fund Cash Supplemental Information Activities of the Housing Authority Certificate of Borrower Schedule of Findings and Questioned Costs SI,~;GLE AUDIT SECTION Schedule of Expenditures of Federal Awards Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statement:; Performed in Accordance With Government Auditing Standards Auditors' Report on Compliance With Requfrements Appllcabl~ to Each Major "o :r gram and Internal Control Over Compliance in Accordance .'~'fth OMB Circular A-133 5 6 7-8 9 10-23 24 25-26 27 28-34 35 36 37-38 39 40-41 ",2 -43 I I I I I I I I I ! I I I I I I I I MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBI.IC ACCOUNTANTS 609 N. ltighway 17-92 Suite I02E DcBary, Florida 32713 1 TELEPHONE (904) 851-OO82 FACSIMILE (904) 851-0084 INDEPENDENT AUDITORS_' REPORT Board of Commissioners Collier County }lousing Authority Im~nokalee, Florida HUD, Florida State Office Public Housing Division 1320 S. Dixie Highway Coral Gables, Florida 33146-2911 We have audited the financial statements of the Collier County }lousing Authority as of and for the year ended September 30, 1998 as listed in the table of contents. These financial statements are the responsibility of the Housing Authority'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 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 inc]udes 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 described in Note A to the Financial Statements, the Housing Authority's policy is to prepare its financial statements on the basis of accounting practices described or permitted by the various governing bodies. These practices differ in some respects from generally accepted accounting principles. Accordingly, the aforementioned financial statements are not intended to present financial position and results of operations in conformity with generally accepted accounting principles. This report is intended solely for filing with cognizant federal, state and local agencies and is not intended for any other purpose. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Collier County Housing Authority as of September 30, 1998 and the results of its operations and the changes in its ~;urplus for the year then ended, on the basis of accounting described in Note A to the Financial Statements. I I In accordance with Government Auditing Standards, we have also issued in the Single Audit Section of our report dated November 10, 1998, reports on our I consideration of the Collier County Housing Authority's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. I audit conducted for the purpose of forming an opinion on the Our was financial statements taken as a whole. The accompanying schedule of expenditures of federal awards in the Single Audit Section of our report is presented for Ipurposes of additional analysis as required by U. S. Office of Management and Budget Circular A-133, Audits of States cai Cove n ents and Non-Prof t Or anizations, and is not a required part of the financial statements. Such I information has been subjected to the auditing procedures applied in the audit: of the financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the financial statements taken as a whole. I Our audit '-'as conducted for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying supplemental information as listed in the table of contents is presented for the purpose of additional I analysis and is not a required part of the financial statements. The information in these schedules has been subjected to the auditing procedure~; applied in the audit of th~ financial statements, and, in our opinion, is fairly stated in all material :-~.::~ect.~ in relation to the financial statements ~aken a:; a whole. I Certif~d Public Accountan I DeBary, Florida .':o':ember 10, 1998 I i i I I I I I COLLIER COUNTY }lOUSING AUTHORITY Immokalee, Florida FA WO SUB I Z D SI P S PT BER 0 1998 ASSETS CURRENT ASSETS: Cash on hand and in banks $ 108,663.19 Accounts receivable tenants 36,401.65 Accounts receivable rental assistance 22,067.00 Accounts receivable CC}~'s Land Inc, other 43,994.83 Prepaid insurance 48,112.00 Inventories materials 33 371.00 TOTAI. CURRENT ASSETS 202 609.67 RESTRICTED CAS}{ DEPOSITS AND FUNDED RESERVES: Investments - Debt Service and Reserve Fund - [;ore B and supplemental information # 3 ],307,390.14 Tenant security deposit fund 105_~_527.50 1 412 917.64 IA~~T a ost - ote A: Land and improvements 4,717,142.26 Buildings 14,862,839.29 Furniture and aquipment ] 401 946 66 20,981,928.21 I,ess accumulated depreciation _~) 12 070 448.2~ OTHER ASSETS: Utility deposits 452.50 TOTAL ASSETS ~_)3~776 1s28.06 The accompanying notes are an integral part of these financial statements. 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 I,IABILITIEj CURREXT LIABILITIES: Accounts payable - Vendors Current portion of long-term liabilities TOTAL CURRENT LIABILITIES DEPOSITS ~ND PREPA E LI : Tenant security deposits Tenant prepaid rents TOTAL DEPOSITS AND PREPAYMENT LIABILITIES LONG-TERM DEBT - ~;OTE C: Revenue Bonds - Series A 1% - Note B Revenue Bonds - Series B 1% - Note B Revenue Bonds - Series C 1% - Note B Revenue Bonds - Series D 1% - Note B Less current portion TOTAL LOXG-TEP~M LIABILITIES TOTAL LIABILITIES ~CXD EOUITY ~;D SURPLUS: Contributed Capital: Rural Development - Capital Grants I~okalee Pocket of Poverty - Capital Grant Retained Earnings (DEFICIT): Unreserved Reserved - Rural Development TOTAL FUXD EQUITY AND SURPLUS TOTAL LIABILITIES, FUND EQUITY AND SURPLUS $ 50,631.77 ~145 O00 OO __195 631 77 104,O33.45 __lg 083 37 __123 116.82 205,000.00 420,000.00 999,000.00 725,000.00 2 204 OOO.OQ 2 522 748.59 13,885,698.23 __ 90 OOO O0 ( 4,098,648.62) 11 253 679 47 I I I I I I I I I I I I I I I I I i COLLIER COUNTY tlOUSING AUTHORITY Immokalee, Florida FARM UORKER SUBSIDIZED STATEMENT OF OPE TI~NS AND RETAINED INGS FOR THE YF3dt ENDED SEPTEMBER 30 1998 9PERATIMG INCOME: Rental income Other income - (late fees, Rental assistance subsidy TOTAL OPERATION INCOME OPERATING EXPENSES: Administrative Utilities Maintenance and operating General Depreciation TOTAL OPERATING EXPENSES NET OPERATING LOSS OTHER I~;COME AND EXPENSE: Interest income Interest on bonds TOTAL OTHER INCOME AND EXPENSE NET LOSS Retained earnings/(deficit) Retained earnings/(deficit) Donated capital - Grants TOTAl. CAPITAL tenant charges, etc.) beginning of year end of year 166 1 $ 1,358,865.92 98,325.92 295 591 00 1 752 782 84 409,005.31 76,663.62 461,905.10 413,593.95 673 304.94 2 034 472 92 60,421.22 24 920.00) 246,188.86) 2,722,O18.76) 13 9 5 698.23 11 253 679.47 The accompanying notes are an integral part of these financial statements. 4 I ! COI.I,IER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT OF CASH FLOWS RURA~NT SUBSID ZED t USING O LY ROPR ETARY ~ND TYPE FOR TIlE YEAR END D SEPTEMBER 30 998 I I I I I ~ASH ~[ OPERATING ACTIV 1ES: Cash received from tenants Cash received from RECD for tenant rental assistance Cash paid to employees Cash paid to vendors and suppliers Other operating revenues Net cash provided by operating activities CASH FLOWS ~MOM CAPITAL AND RE T D G AC V S: Principal paid on revenue bonds Interest paid on revenue bonds Acquisition and construction of capital assets Net cash used for capital and related financing activities $ 1,394,971.93 297,784.00 ( 570,925.32) ( 785,338.39) __99 340 29 4%5.8~2.51 ( 143,OO0.00) ( 24,920.00) ~) I I I I I I I I I I CASH FI.O~ESTING ACTIVITIES: Increase on investment principal Interest on investments ( 106,337.04) 60 421.22 Net cash provided by investing activities 915.82) INCREASE (DECREASE) IN CASH 46,199.16 CASH A:;D CASH EQUIVALENTS, SEPTEMBER 30, 1997 62 464 03 CASH M;D CAStt EQUIVALENTS, SEPTEMBER 30, 1998 RECO~~ I COME LOSS TO NET CASH PROVIDED BY OPE~\TING ACTIVITIES: Operating loss Adjustments to reconcile operation income to net cash provided by operating activities: Depreciation Change in assets and liabilities: Accounts receivable from tenants Accounts receivable - RECD Accounts receivable - other Prepaid expenses and deposits Inventories Accounts payable to vendors Tenants' security deposits Tenants' rent collected in advance ~) 673,304.94 ( 8,122.65) 2,193.00 25,542.17 496.50 5,850.00 1,442.23 398.55 Total adjustments 682,021.37 Net cash provided by operating activities The accompanying notes are an integral part of these financial statements. 5 I I I I I I I I I ! I ! I I I I I I COLLIER COUNTY IIOUSlNG AUTttORITY Immokalee, Florida A C - , O R GRAMS SE EM E 0 998 Annual Contributions !~,ontract A-3402 xs in ~icates Vouc]aers Moderate .ASSETS Cash $ 82,323.05 $231,163.73 $ 40,295.36 Investments 6,922.36 17,768.29 383.91 Deferred Charges 4,358.51 1,784.26 879.47 l.and, Strt:ct. ure$ and Equipment 14 155 22 __g__~509.74 ____3 071 43 TOT,M. ASSETS ~ ~ ~ I,IABII,ITIES AND _SURPI.US Accounts payable $ 36,840.97 $105,215.62 $ 1,5,275.76 Accrued Liabilities 7,147.46 17,593.25 333.85 Deferred Credits 68 166.00 94 703.00 Total I.iabi lities 112,154.43 217,511.87 45,609.61 Surplus 4~) 41 71z,. ] 5 _(__ 979.44) TOTAL LIABILITIES AND The accompanying notes are an integral part of these financial ~';tat'.ements. 6 I i I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTItORITY Immokalee, Florida STATF~MENT OF ANALYSIS OF SURP S - S N 8 ROGRAMS OR T}E Y R ' D D 30 8 Annual Co tr butio s C tr ct A- 402 UNRESERVED SURPIXS: Balance at September 30, 1997 HUD adjustments to prior settlement Adjusted balance at September 30, 1997 Net loss for the year ended: September 30, 1998 Provision for operating reserve for the year ended: September 30, 1998 Provision for project account for the year ended; September 30, ]998 BAITW;CE AT SEPTLMBER 30, 1998 RESERVED SURPI,US- OPERATING Existing Certificates Moderate Rehabilitation $(6,929,607.00) $(3,387,709.00) (7,078,411.28) (3,565,594.33) ( 793,426.39) ( 843,811.69) $(2,867,540.00) (2,760,156.57) ( 138,711,68) 22,311.55) ( 29,860.55) ( 2,868.78) 47 945 94 __J______lOO 754.76) 141_ 580.46 RESERVE: Balance at September 30, 1997 }IUD adjustments to reserve Adjusted balance at September 30, 1997 Cash transfers for the year ended: September 30, 1998 Provision for operating reserve for the year ended: September 30, 1998 BAI~);CE AT SEPTEMBER }0, 1998 37,886.00) 4,029.00 ( 6,899.00) 2 476 06) ( 685.14) __(___ 20 65) 40,362.06) 3,343.86 ( 6,919.65) 500.00) ~) 33 20'(.41 __(__ 4 050 87) I I I I I i I I I I I I I I I I I I COI,LIER COUNTY tIOUSING AUTtIORITY Immokalee, Florida STATF~MENT OF AN S S OF U U - C O 8 PROGRAMS FOR TIlE YEAR ENDED SEPTEMBER 30 1998 Annual Contributions Contract A-3402 (Continued) Certificates Vouchers Moderate Rehabilitation PROJECT ACCOUNT- UN~%iNDED: Balance at September 30, 1997 HUD prior year adjustments Adjusted balance at September 30, 1997 Provision for project account for the year ended: September 30, 1998 BAL&NCE AT SEPTEMBER 30, 1998 140,071.00 291,351.27 __?43 405 33 108,826.00 287,395.7~ 3~8 150.66 868,718.O0 761,356.48 619 776 02 CUMULAT I VE CONTRI BUTI O.~:S - DEBT SERVICE: Balance at September 30, 1997 Prior year adjustments Adjusted balance at September 30, 1997 Annual contributions for the year ended: September 30, 1998 6,801,699.00 3,286,709.00 _(__483 77) __( .63) 6,801,215.23 3,286,708.37 815 737 94 873 672.2A 2,001,873.OO ._c_____l, z,s) 2,001,871.52 141 580 46 BAITC:CE Al' SEPTEMBER 30, 1998 TOTAl. SURPLUS 7 616 953 17 4 160 380.61 2 11~3 451__~98 ~ ~ 979.44) The accompanying notes are an integral part of these financial statements. 8 I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida S AT N - ROG S OR TH F 3 98 Annua Contr button Con act -34 2 C_~ Vouc_____he r s OPERATING INCOME: Other income ~__860 34 ~ TOTAL OPERATING I::COME OPERATI~TG EXPE~SES: Administrative General expense Housing assistance payments Moderate TOTAL OPERATING EXPENSES NET OPERATING LOSS 860,34 __3 574 9~ 398 50 80,679.75 52,101.99 15,511.22 16,577.61 10,464.27 3,214.23 9~ 784 722 1~ __120 380.26 139 105 71 OTHER CHARGES D : Prior year adjustments affecting residual receipts TOTAL OTHER (CHARGES) ~$D CREDITS NET LOSS The accompanying notes are an integral part of these financial statements. 9 1 i I I I I I I i ! I ! I I I i I I COLLIER COUNTY [lOUSING AUTItORITY Immokalee, Florida NOTES TO F AN IAL STATEMENTS SEPTEMBER 30 1998 ,';OTE A - Orr. anization: The Collie:: County }lousing Authority ("The Authority") i:; a public body corporate ant'. politic which was organized under Chapter 421 of the Florida Srazutes on July 12, 1966 and the laws of the State of Florida to prnvide lev rent housing for qualified individuals in accordance with }:he rules and regulations prescribed by the U.S. Department of Agriculture, Rural Development (formerly Farmers Home Administration), U.S. Department of }lousing and Urban Development (HUD) and other Federal Agencies. The Authority has been a recipient of several loans and grants from Rural Development (RD) since 1971 under Project No.O9-011-O5014055 pursuant to Sections 514 and 516 of the Housing Act of 1949, as amended. The Rural Development programs are designed to provide decent, safe, and sanitary ]o~-rent housing and related facilities for domestic farm laborers. Effective July 1, 1992, the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs tn the Authority, pursuant to an Assumption and Interlocal agreement. The transfer '*'as approved by the U.S. Department of tlousing and Urban Development pursuant to n Contract of Novation between the Authority, the County and HUD. The Authority has agreed to undertake the development and operation of certain lo'*.-ront housing projects and to provide decent, sa[e, and :~nnit. ary housing for eligible families pursuant to Section 8 of the }ir,us;lng Assistanco Act by means of }lousing Assistance Payments to owners through Annual Contributions Contracts numbers A-~402E (Section 8 Cer: ifica:e, t!ousing Assistance Program), A-3402V (Voucher, tlousing A:;sistance Program), and A-3402K (Section 8, Moderate Rehabilitation, Housing Assistance Program.) NOTE B - SUMM~XRY OF SIGNIFICAN~NG POLICIES: A Summary of the Authority's significant accounting policies applied in the preparation of the accompanying financial statements are described as follows. In evaluating how to define the government, for financial reporting purposes, management has considered all potential component units of government. The decision to include a potential component unit in the :'epc~rting entity was made by applying the criteria set forth by the Governmental Accounting Standards Board (GASB). 10 1 I I I I I I I ! I I i I I I I i i I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida (Continued) NOTE B - SUMMARY OF SIGNIFICANT ACC~.ICIES: (Continued) The basic criterion, but not the only criterion, ~et forth by CASB for including a potential component unit within the reporting entity is the governing body's ability to exercise oversight responsib{lity. Tile most significant manifestation of this ability is financial interdependency. Based upon the application of the criteria, no potential component unit ~as included in the Authority's financial statements. Basis of Presentation: The operations of the Authority are recorded in the following fund types. Pro rietar Fund T e: Programs funded primarily by the U.S. Department of Agriculture, Rural Development are accounted for using generally accepted accounting principles (GAAP) as applied to governmental entities. A proprietary fund i$ used to account for these activities. Proprietary fund accounting principles are similar to those often found in the private sector. The measurement focus is based upon the determination of net income and capital maintenance. HUD Housing Assistance ,aymen~s Program Funds' Programs funded by the U.S. Department of }lousing and Urban Development (HUD) account for activities using accounting procedures and practices prescribed permitted by the U. S. Department of Housing and Urban Development, Section 8-Housing Assistance Payments Programs. Under this basis of accounting, the Autbortty's operations are not considered to be a self-sustaining activity. Basis of' Accountinp. The financial ztatements of' thc, Authoritv have bee:~ prepared under two (?) basis of accounting. Rural Develojpment Programs: The Authority maintains its accounting for Rural Development Farm Worker Subsidized Projects in accordance with generally accepted accounting principles (GAAP) a~ applied to governmental units that use proprietary fund accounting. 11 I I i I I i I I I i I I I I i i i I COI,I,IER COUNTY HOUSING AUTtlOR1TY Immokalee Florida 1 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30 1998 (Continued) ::OTE B - SUYC'~Y TO SIGNIFICAN~ ACCOUNTIHG POI.ICIES' (Continued) The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The Authority's proprietary fund is an enterprise fund, Such facilities are financed by Rural Development and operated by the Authority in a manner similar to private business enterprises, The intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. }IUD Programs: Accounting practices and procedures followed t,', ltUD Programs ar~, considered a comprehensive basis of accounting other than generally accepted accounting principles. These financial statements are prepared using statutory accounting principles on a basis of accounting prescribed or permitted by the U. S. Department of }lousing and Urban Development, since the majority of its assets are aided by these programs. The financial statements include the Section 8 ttousing Assistance Programs under Annual Contributions contracts A-3402E, A-3402V and A-3~O2K. The significant accounting policies followed are described below to enhance the usefulness of the financial statements to the reader. Property and equipment are recorded at cost and no provision ['or depreciation of these assets is provided. Annual contribution payments received from the U. S, Department of Housing and Urban Development for housing assistance payments and related administrative expenses are recorded as a contribution to surplus. 12 I I I ! i I I I ! I I I I I I I I ! .~;OT E B COLLIER COUNTY HOUSING AUTHORITY Im~okalee, Florida 1 NOTES O FINAN IA ST N S EPTEMB R 30 998 (Continued) 5UM~MAR'f OF SIGNIFIC NT CCO N ~IG L C S: (Continued) Cash and Cash . u~ For purposes of the Statement of Cash Flows, the Rural Development subsidized housing program considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. There were no noncash investing, capital, and financing activities during the year. Reconciliation of cash and cash equivalents to balance sheet amounts. Cash and cash equivalents Restricted assets: Security deposit trust fund Revenue fund Sinking fund: Debt service account Rese~/e account Investments - restricted: Construction fund Sinking fund reserve account Balance Sheet Cash & Cash ~ ~ Investments $ 108,663.19 $108,663.19 $ 105,527.50 154,215.10 43,478.70 75,430.84 73,057.60 105,527.50 154,215.10 43,478.70 75,430.84 73,057.60 961 207.90 The Authority deposits cash only in qualified public depositories. The deposits are fully insured by the Federal Deposit Insurance Corporation and/or secured pursuant to Chapter 280 of the Florida Statutes. Deposits consist of demand deposits, savings and money market accounts. Investments consist of bank certificates of deposit and government securities, bearing interest rates of 3,75%-7,75%. Uncollectible Accounts: Collection losses on accounts receivable are charged against income on the specific write-off method. In the opinion of management, all accounts are. collectible, 13 I I I I I I I I I I I I I I I I I I I COI.I.I ER COUN17z HOUSING AUTI[ORITY Immokalee, Florida NOTES T F C A T N SEPTEMBER 30 1998 (Continued) NOTE B - SU}tMARY OF SIGNIFICANT ACCOUNTING POLICIES; (Continued) Income Taxes' The Authority is a public body corporate and politic which is subsidized by the Federal Government. The Authority is not subject to Federal or State income taxes, nor is it required to file Federal and State income tax returns. Inventories: Inventories of materials are valued at lower of co~t or market, cost being determined on a first-in, first-out basis. Compensated Absences: The costs of accumulated unpaid vacation and sick leave ~,re reported in the period paid rather than in the period earned. At September 30, 199~, the Authority is contingently liable to employees for accumulated unpaid vacation and sick pay in the amounts of $28,165.57 and $27,589.75 respectively. Such amounts have not been recorded in the financial statements. Construction Period Interest: Interest expense on notes and bonds and interest income on the related debt proceeds are capitalized during the project development period through the date of full availability in accordance with regulations from the Department of Housing and Urban Development. Estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE C - I3CLD STRUCTURES AND E UIPMENT: Fixed assets are carried at cost. Expenditures for maintenance and repairs are charged to expense as incurred. Repairs that extend the useful life of the respective assets are capitalized and depreciated. Depreciation is computed over the estimated useful lives of the property and equipment by use of the straight-line method of depreciation. 14 I I I I I I I I I I I I I I I I I I 16G COLLIER COUNTY ltOUSING AUTHORITY Immokalee, Florida ;OTES TO I ANCIA S T~ TS EP B 0 98 (Continued) ~;OTE C - I~%ND STRUCTURES AND E UIP NTt (Continued) A summary of proprietary fund type land, structures and equipment at September 30, 1998 is as follows: Estimated Useful Land and improvements N/A Buildings 25-331/3 Sever system 33 Water system 33 Roads and drainage 33 Playground 7 Haintenance equipment 6 Appliances 6 Office equipment 5 Less Acctunulated Depreciation Total Land, Structures, and Equipment Cost] $ 2,141 255.80 14,862 839.29 725 548.65 434 795.75 1,415 542.06 101357.48 569 630.35 529 772.24 201 186 59 20,981,928.21 Operating expenses include depreciation on all depreciable fixed assets. Depreciation is recognized on assets acquired or constructed under the Rural Development loan and grant programs, which are restricted for capital acquisitions or construction. Such grants are reported as contributed capital. However, depreciation expense and the related contributed capital accounts are not reduced for amounts recognized through such resources. The following Rural Development capital grants for construction of farm labor housfng are reported as contributed capital as of September 30, 1998. Pro_~ect ~:ame Farm worker Village Phase I section A Purpose Amount__~__ 150 Units $ 1,636,930 (1974) Farm ~orker Village Phase II Section B 126 Units 2,234,150 (1978) Farm worker Village Phase III Section C 215 Units 7,219,008 (1983) Farm worker/Collier Village Phase IV Section D 80 Units 2,795,610 (1991) Total 571 Units 15 I I I I I ! i I I I I I I I I I I I COLIAER COU~'rY HOUSING AUTHORITY Immokalee, Florida };OTES TenEMENTS SEPTEMB R 30 1998 (Continued) NOTE D - REVEgWE BON~: Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture, Rural Development (RECD). The Authority presently has bonds payable on its farm laborer housing projects which are due annually in installments of varying principal and interest amounts. Revenue bonds payable at September 30, 1998, are as follows: Co]lier County Housing Authority Revenue Bonds, Series A, 1%, due annually on January 1 in principal amounts of $26,000 to $30,000 with interest to January 1, 2005 Cot!fer County Housing Authority Revenue Bonds, Series B, 1%, due annually on Septolnber ] in principal alno,mts of $31,000 to $37,000 with interest to 5ep:ember 1, 2010 Collier County Housing Authority Revenue Bonds, Series C. 1%, due annually on September 1 in principal amounts of $54,000 to $68,000 with interest to September 1, 2014 Collier County Housing Authority Revenue Bonds, Series D, 1%, due annually on September 1 in principal amounts of $24,380 to $33,000 with interest to September 1, 2023 Less portion classified as current Total long-term debt $ ? () 5, 420, Doe 999,000 725 000 2,349,000 145 000 The ro'.'(~nues of the project are pledged to the payment of principal and i?.t(~re~;t on the revenue bonds. The bonds are redeemable before mnturit7, at the opt:ion of the Authority, in inverse numerical and :nat:::'ft>' order, on any interest payment da~e u[,on giving 40 ~'rf~(~n notic(~ to Rural Development. 16 1 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO ~IN~dqCIALSTATE.MENTS SEPTF~BER 30. 1998 (Continued) NOTE D - REVENUE BONDS PAYABLE: (Continued) Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 1998: Fiscal Year Ending September 30, 1999 $ 145,000 2000 147,000 2001 148,O00 2002 148,000 2003 148,000 Thereafter 1 613 000 'n .i d v Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding. After operation and maintenance requirements are met, the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 30, 1998 in order to meet debt service requirements was $168,340 which was accomplished. The cash balance in the sinking fund debt service account at September 30, 1998 was $43,478.70, which was $8,478.70 more than the required balance of $35,000. The Authority was in compliance with this requirement during the year ended September 30, 1998. Sinking Fund Reserve Account Im~mediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve account are only withdrawn upon written prior approval of Rural Development: The Authority is required to make monthly reserve deposits in the amount of $20,958 plus the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal $2,514,900. The aggregate deposits to the reserve account for the year ended September 30, 1998 were $252,373.86, which was equal to or exceeded the required annual aggregate deposits of $251,496. The cumulative amount of deficiencies in prior deposits to the reserve account at September 30, 1998 was $115,666. The deficiency included $70,000 deposited in a centralized payroll fund to be utilized as working capital. 17 1 I I I I I I I I I I I I i I I I I I I o COLI,IER COUNTY HOUSING AUTIIORITY Immokalee, Florida NOT S T , EN (Continued) NOTE D - REVENq3E BONDS ~: (Continued) Sinkfn Fund Re e e c un (Continued) Withdrawals from the sinking fund reserve account are authorized for the following purposes: a) To meet principal and interest payments due on the bonds in the event the sinking fund debt service account })alance is not sufficient for that purpose. To pay costs of extraordinary repairs or replacem~,nts to project which are not considered current c~ To make improvement:; or extension:; to the c:) For other purposes desired by the Authoritv which will prom. to its purpose without jeopardizing the collectiblilty of the bonds or underlying security. e) To the extent the reserve account exce,.ds $2,514,900, to purchase bonds before maturity in the prescribed manner. During the year ended September 30, 1998, the Authority was authorized to transfer $139,000 from the Sinking Fund Reserve account to the Construction Fund. The authorized transfers were made to pay the costs of extraordinary repairs or replacements to the project which are not considered current expenses and to make improvements or extensions to the project. The actual transfers to the construction fund aggregated $642,566 which was within the amount authorized for the related approved withdrawals. Construction Fun~d The construction fund is used to account for grant and loan funds received from Rural Development and other sou:'ce:; and to record construction activities. During the year ended September 30, 1998, expenditures from the Construction ~'u:~d for authorized construction activity aggregated $559,696 wh'~ch was within the amount authorized for the related approved witndra'~'als. [:. '},,. Rural Development enterprise fund reservation:; of retained (.ar::'l::gs have been established in conjunction with debt issuance r(~'ui:'(,:nents:, or policy directives as stipulated b'; thc, respective a fore:~er',t ioned funds. 18 I I I I NOTE E - COLLIER COUN'fY }lOUSING AUTHORITY Immokalee, Florida NOTES TO FINANCIA TATEME TS ~1998 (Continued) AS':;UAI. CO:;TRIBUTIONS BY HU_ __D: I I I I l I I NOTE F - Annual Contribu~ Annual Contributions Contracts A-3402E, A3402-V and A-3402K for Section 8 programs provide for housing assistance payments to private owners of residential units on behalf of eligible low or very iow existing and moderately rehabilitated housing covering the difference between the maximum rental on a dwelling unit, and the amount of rent contribution by a participating family and related administrative expense. The Authority is also eligible to receive reimbursement ['or preliminary expenses prior to lease up. }IUD contributions for the year ended September 30, 1998 were as follows: Section 8 Certificate Existing Vouchers H~derate rehabilitation $ 815,737.94 8?3,672.24 1Al 580 46 ~__1_ ~_83~ 99q._64 [IUD con[ribu~ions for housing assis~ance payments are noL re[lec~ed as revenue in the statement of income and expense, but as additions to surplus. PENSION PI.~N: I I I I I I I I Plan Descri__ption The Collier County Housing Authority Defined Benefit Pension Plan and Trust is a single-employer retirement plan covering all eligible employees. The Plan is administered by United States Pension Services, Inc. It was established in 1988 by resolution and became effective October 1, 1987. There were no amendments to the Plan during the year ended September 30, 1998. All full-time employees who have attained age 1£ are eligible to participate in the Plan provided they have completed one (1) year of service. Eligibility for retirement is attained at age 64 or the 10th anniversary of joining tho Plan whichever is later. Vestiug at 100% requires four (4) years of credited service with vesting beginning at Z2~ at 2 >'ears of credited service and increasing 33% per year. £mp!ofees who retire at or after age 65 with 10 years of credited services are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to 10 years, and 30% for each year over 10 years for at least 30 years of service. The Plan also provides death and disability benefits ~nd life insurance equal to 50 times the monthly retirement benefit. 19 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida OT ~ 1998 (Continued) NOTE F - Pr,.,SIO., PI~,'____~: (Continued) These benefit provisions and all other requirements are established by Florida Statut______~e and the Employee Retirement Income Security Act of 1974, commonly called "ERISA". As of September 30, 1998, the Plan included 37 participants and a total annual covered compensation of $632,010. The total Authority payroll as of September 30, 1998 was $699,]63. Membership in the Plan is comprised of the following: Retirees receiving benefits 1 Active employees 25 Terminated vested participants 11 Ail contributions are made by the Authority. Employee contributions are not permitted. Contributions to the Plan to be made during fiscal }'ear ended September 30, 1998 were actuarially computed using the Frozen Initial Liability Cost Method. ' Fundin Status and P o e s The amount shown below as the "pension benefit obligation- is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increase ;md step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is indented to help users assess the funding status of the Plan on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits, and is independent of the funding method used to determine contributions to the Plan. The pension benefit obligation was computed as part o[ the actuarial '/alua~ion performed October 1, 1998. Significant actuarial assumption~,; u~;ed in the valuation include the follo'-'in~: A. Life expectancy is calculated using the 83 CA:.I with adjustment Mortality Table. B. Annual rate of return on the investments of present and future assets of 7%. C. Annual projected salary increases of 5% D. Retirement age of 65. 20 I I I I I I I I I ~;OTE F - COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ~;OTES TO FINANCIAL STATEMENTS SEPT~0~ (Continued) PE~;SIO?; PLM;: (Continued) Based upon the latest actuarial valuation as of October 1, 1997, the pension benefit obligation was calculated as follows: Pension benefit obligation: Retirees and beneficiaries receiving benefits and terminated employees not yet receiving benefits Active Participants: ~:onvested Vested $117,116 1,899 464 606 Total pension benefit obligation 583 621 Actuarial value of assets, at fair market value Unfunded pension benefit obligation L Actuariallv Determined Contribution Requirements and Contribution Made I I I I The Plan's funding policy provides for actuarially determined periodtc contributions at rates that, for individual employees, increase gradually over time so that sufficient assets will be available to pay benefits when due. The contribution rate for normal cost is based upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation described above, except interest earning is assumed at 7%. I I I I I i The contribution to the Plan for September 30, 1998 of $108,913 (16% of current covered payroll) was accrued in accordance with actuarially determined requirements computed through an actuarial valuation performed as of October 1, 1997. The contribution consisted of the following: a) Normal cost (15.3% of current covered payroll) $ 74,377 b) Amortization of unfunded frozen initial liability 27,411 c) Interest 7 125 Total current contribution The Authority contributed $115,237 (18% of current covered payroll) which consisted of $6,324 (2% of current covered payroll) to cover the prior years funding deficiency. As of September 30, 1998 there was no remaining accrued pension liability. 21 I I I I I I I I I I I I I I i I ! I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES N EMENTS S 9 (Continued) NOTE F - PENSION PI~/q: (Continued) Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Historical trend information on the Plan is being accumulated as follows: 1998 1997 1996 Net assets available for benefits Pension benefit obligation Percentage funded $768,880 $577,110 $345,141 583,621 574,447 310,552 100.0% 100.0% 92.0% Annual covered payroll Unfunded pension benefit obligation as a percentage of annual covered payroll 632,010 666,063 536,909 0.0% 0.0% 7.0% Employer contributions as a percentage of annual covered payroll 18% 22.0% 30.0% All employer contribution were made in accordance with actuarially determined requirements. NOTE G - CO~C.IITMENTS AND CONTINGENCIES: I.lti~ation As of September 30, 1998, the Authority was involved with various litigation arising from operation of its low rent housing program. In the opinion of the Authority's legal council, such losses, if any, resulting from litigation would be adequately covered by insurance. Contingencies Authority has been audited for the year ended September 30, 1998. Programs administered by the Authority, in most instances, are subject to audit by the funding agency. Costs, if any, which are deemed unallowable by the funding agency, may require reimbursement by the Authority. The Auditors have determined that no costs are questioned that require the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture, Rural Development (RECD), approval and review for allowability for the year ended september 30, 1998. 22 ~ I I I I I I I I I I I I I I I I I I I 16° COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO F C AL AT ENTS E 8 (Continued) NOTE G - COMMITMENTS ND O I C : (Continued) Questioned cost or other compliance findings are defined as follows: (1) An alleged violation of a provision of a law, resulation' contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (2) A finding that , at the time of the audit, such cost is not supported by adequate documentation; or: (3) A finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. Questioned Costs and compliance findings are subject to a final review and determination by the U.S. Department of Housing and Urban Development and the U,S. Department of Agriculture, Rural Development (RECD) or other state and local agencies. These cost~; are disallowed, unless the Authority is able to convince the grantor or regulatory agency that they were made in accordance with legal or regulatory requirements. NOTE H - REL*.TED PARTY TRANSACTIONS: The Authority established a non-profit corporation entitled Collier County Housing Authority's Land Acquisition New Development Incorporated (CCHA's Land, Inc.) to serve as its land bank. Certain of CCHA's Land, Inc.'s Board of Directors also serve on the Board of Commissioners of the Authority. As of September 30, 1998, the Authority authorized loans aggregating $40,000 to CCHA's Land, Inc. to secure the legal and engineering services to rezone certain land that was received as a donation by CCHA's Land, Inc. The loan is due upon demand with a annual interest rate of 3%. It is CC}~'s Land, ~nc.'s intent to sell the land to the Authority at below market rate for the development of low income housing. The loan is carried as an asset in the accompanying balance sheets of $40,000. 23 I I I i I I I I i I I I I ! I I I I I SUPPLEMENTAL INFORMATIOn; I I I i i I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida R EV U Y O HE ; ED R 30 1998 REVE~E~: Rent - housing units Rent other facilities Income on invested funds Other operating revenues BUDGET ACTUAl. $1,616,609 $1,621,802 41,400 32,653 77,500 60,420 99 100 98 332 Total Revenues 16G OPERAT I S'G EXPENSES Administrative Salaries Employee benefits Contract services Insurance Other VAR_____!IANCE Total Administrative $( 5,193) 8,747 17,080 768 Maintenance Salaries Contracts Materials and supplies ~ ~ 21 4Q2 Total Maintenance 306,102 305,002 219,100 286,803 54,500 38,043 130,000 168,187 86500 17983 Security Salaries Other 1,100 (67,703) 16,457 (38,187) 685~i217 Total Security Utilities Total Expenses EXPENDITURES: Debt Service Sinking fund reserve transfers Capital outlay 297,255 245,404 51,851 12,000 12,823 ( 823) ~ 178 398 ._f_.__J_,_~) 486255 436625 33,817 20,514 76000 76662 139877A 1355938 167,920 167,920 251,496 251,496 ~ 25199 Total Expenditures and Expenses 24 EXCESS REVENUE OVER EXPENDITURES 9__6 3__q 13,303 38_!1 _~6 6__2 ) /,2 836 ~) 34056 I ! i I I i i I I I I I I I I I i I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida COMPUTATION OF ANN1JA O R TION JECT ACCOUN - OPERATING RESERV' G - O N S OG S FOR THE YEAR ND D 30 9 8 Annual Contributions Co tract -3402 MAXIMUM CONTRIBUTIONS AVAI_~: Maximum annual contributions authorized Project account balance at beginning of year TOTAL ANqqlJAL CONTRIBUTIONS AVAILABLE ANNUAL CONTRIBUTIONS REOUIRED: Housing assistance payments Administrative fee Hard-to-house fees Actual IPA audit costs FSS Program Coordinator Total of Funds Required TOTAL AN~AL CONTRIBUTIONS REQUIRED STATUS OF PROJECT ACGOUN___~T: Balance at beginning of period Provision for project account BALA~;CE AT END OF PERIOD ~N~VUAL YEAR- ND SETTL N : Total annual contributions due Total partial payments received by PHA UNDER/OVER PAYMENTS TO PHA ~ Moderate C~cates Vouchers Rehabilitation $ 767,792.00 $ 974,427.00 $ $ 696,938.24 $ 784,722.12 $ 120,380.26 83,834.70 85,170.17 20,773.20 450.00 450.00 2,362.00 3,330.00 &27.00 __32 153 00 873.672.24 141.580.46 $ 291,351.27 $ 287,395.70 $ 761,356.48 ~) 100 754.76 ~) $ 815,737.94 $ 873,672.24 $ 141,580.46 853 241 O0 981 472 OO 1.87 65-;.00 AN~AL CONTRIBUTIONS EARNED: Lesser of contributions avail- able or contributions required 25 I I I I I i I I I i I i I I I I i I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida COMPUTATIO F 0 S OJECT A T- OPERATION R SERVE CHANGES- U ENTS PROGRAM FOR THE D S E 0 98 OPERATION RESERVE CHANGES: Operating income Annual contribution earned Total Operating Receipts Operating expense Prior year adjustments affecting residual receipts __.__~d~%J~ Moderate ~ Vouchers_ ~ $ 860.3& $ 3,574.93 $ 398.50 ~ 873 672 24 ~ 816,598.28 877 247.17 141 978 96 794,195.60 847,288.38 139,105.71 __91.13 __ 98.2A 4.47 Total Operating Expenditures Net operating receipts per audit Net operating receipts per PHA Reserve/(deficit) carryforward from prior year Cash (withdrawal)/deposit during year ~ 847 386 62 139 110 18 22,311.55 29,860.55 2,868.78 ( 40,362.06) 3,343.86 ( 6,919.65) _(__~) Reserve/(deficit) at end of current year 26 m I I i I ! I I I I I I i I I I I i ! I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ANALYS S OF - 8 OGRAMS U I D S 3 Annual C nt but on o t act - 402 CASH DOT ER ASSE : Cash Investments Deferred charges Total ~IABILITIES RE ERV ADJUSTMENTS: Accounts payable Accrucd liabilities Deferred credits Operation reserve/(deficit) Total Existing f~ Vouchers $ 82,323.05 $231,163.73 6,922.36 17,768.29 840.97 147.46 166.00 1.6C Moderate $ 40,295.36 383.91 879 47 $105,215.62 $ 45,275.76 17,593.25 333.85 94,703.00 33 204 41 ~) I I I I ! I I I I i I I I I I I I I I Amount of Coveraef~__ $ 2,000,000 Statutory $ 500,000 $22,093,600 $ 500,000 $ 300,000 $ 1,000,000 $ 100,000 $ 5,ooo Annual Term Premt~n 07/12/98-99 $ 3,270 07/24/98-99 $29,528 02/09/98-99 $16,576 04/10/98-99 $90,801 07/17/98-99 $46,184 05/07/98-99 $ 4,960 07/12/98-99 $ 485 07/11/98-99 $ 105 28 I I I I I I I I I I I I I I I I I I 3. Reserves COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLFMEN L I ORMAT SEPTEMBER 30.1998 (Continued) The }lousing Authority has maintained adequate reserves for operations and Bond debt service at September 30, 1998. See also Note B t. financial statement. 4. Accounting Records an~t Contro~ The accounting records maintained are adequate to lac(]irate, budgetary reporting and analytical purposes. The fixed asset~; are also adequately safeguarded by the PHA personnel. Financial Reports The financial reports included in this audit are in agremm,nt '-'i~h the accounting records of the }lousing Author| ty after audi t adjustments have been made. D_emsit Funds We noted that deposit funds are adequately insured by th~. FDI~: and properly collateralized and are at or (.xceed the requir~,d levels required under the Loan and Grant Agreement a:; of 30, 1998. Comments on Compliance and Adm. iD_istrative Internal Control We have audited the financial statements of the Collier County Housing Authority - Farm Worker Subsidized Housing Program for the year ended September 30, 1998, and have issund our repor~ ~}.,r.on November 10, 1998. Based on our tests of transactions and examination of records as required by the ~. We beliew. that Collier County Housing Authority Farm Worker Subsidized }lousing Program has complied with the financial terms and conditions of the contract with the regulations, policies and procedures prescribed by the U.S. Department of Agriculture, Rural Develot,men~ (formerly Farmers Home Administration), loan agreement, and thl. financial regulations and procedures prescribed by management and those of its governing board. 29 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM %} S D OUS 'G P 0 SUPPLE ENTA 0 MATION ~1998 (Continued) Comments on Co~iternal Control (Continued) As a part of our audit, we reviewed and tested the [lousing Authority':; system of internal control to the extent we considered it necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purposes of such evaluations art, to establish a basis of reliance on the system of internal accounting control in determining the nature, timing and extent of other auditit~?, procedures that are necessary for expressing an opinion o! the financial statements and to assist the auditor in planning and performing the audit of the financial statements. Additionally, our audit included procedures necessary in our Judgement to determine compliance with contractual terms and conditions and regulations, policies and procedures prescribed by the Rural Development (formerly Farmers Home Administration) and by management and the governing board of the Authority. The objective of internal accounting control is to provide reasonahl~, but not absolute, assurance as to the safeguarding of assets a~ainst loss from unauthorized use or disposition, and the reltnbtlit, y of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgements by management. There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, ml~;takes of' judgement, carelessness, or other personal factors. Control procedures who~;~~ effectiveness depends upon segregation of duties can be circumw, nted by collusion. Similarly, control procedures can be circumvented intentionally by management with respect to the estimates and judgements required in the preparation of financial statements. Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become, inadequate because of changes in conditions, and that the degree of compliance with the procedures may deteriorate. 3O I I I I I I I I I I I I I I I I I I 10. 11. 12. COLI.IER COUNTY HOUSING AUT[[ORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM S U P PLEMENTAL I N FO[LMAT I ON SEPTEMBER 30 1998 (Continued) Comments on Com lta ce and Administrative Internal (Continued) Our audit of the financial statements made in accordance wi generally accepted auditing standards, including the study and evaluation of the PHA'-~ system of internal control for the period ended September 30, 1998, that wa~ made for the purposes set forth ~he first paragraph of th~ report, would not necessarily d~s~los~. all weaknesses in the system because it was based on selective of accounting records and related data. However, such study and evaluation disclosed no conditions that w, believe to be material weaknesses or evidence o~ noncompliance.. Vhese conditions were considered in determining the nature, timing, and e:<~en~ of audit tests to be applied to our audit of the financial ~;ta~ements and this report of such condition~ doc,~: not modif,,' our report dated November 10, 1998 on such financial t;tat(q~onts. OLher findings or reco~endations for the period end~,d !;~.pt~,~her Ig. 1998: There were no other reportable findings other than as outlined within the Supplemental Information part of this report. The requir6d schedules of Expenditures of Federal :\wards, aloe}; with required reports on Internal controls and Federal Complianc(, outlined under Office of Management and Budget (O:.IB) Circular were issued to the Housing Authority as one report, as mandated by the Amended Single Audit Act of 1996 (Public Law 98-502). Accounts Rec~ Tenants accounts receivable at Septemb(,r 30, 1998 totaling $36,401.65, were accounts aged at thirty days (30) or less. Accounts Pa_vable consist of $50,631.77 at September 30, 1998. balance which is payable to reoccurring vendors is for service~; purchases of thirty days (30) or less. .Management Fees The Collier County ttousing Authority is the owner the Farm Worker Subsidized Housing Program, and doe:~ not charge any ~",ar~.agemcnt fees to administer this project. 31 I I I I I I I I I I I I I i I I I I ACCOUNT BALANCE $ 82.563 153.678 456 105.527 5.672 100 50,000 90.000 100,000 150 000 737 996 55,219 43.478 20 111 118 808 24,120 79 73.057 100,000 100.000 100 O00 397 256 Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Restricted Fund Cash-Retiree Pension Payments Cash-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Cash-Unrestricted Fund Cash-Reserve Fund Cash-Reserve Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund i I I I I I I I I I I i I i I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ALYS - S nua - 4 CAS____~H AND OTHERASSETS: Cash Investments Deferred charges x st $ 82,323.05 $231,163.73 6,922.36 17,768.29 Total IAB TIES ES V ADJUSTMENTS: Accounts payable Accrued liabilities Deferred credits Operation reserve/(deficit) Total $ ~6,s40.g7 $105.215.62 ~,147.46 17,593.25 94,703. O0 )~ ~ 27 1.6C Moderate ~ation $ 40,295.36 383.91 $ 45,275.76 333.85 COLLIER COUNTY HOUSING AUTHORITY Im~okalee, Florida The following is supplemental information requested by the U.S. Department of Agriculture - Rural Development (formerly Farmers Home Administration. 1. Schedule of Insuran e C ye a At September 30, 1998, the Housing Authority had the insurance coverage in effect: Insurance Carrier __~Tof Coveray.~ ITT Hartford Insurance Company ITT Hartford Insurance Company ITT Hartford Insurance Company ITT Hartford Insurance Company ITT Hartford Insurance Company fo11 ¢,wb~g Fidelity bond/Employee Dishonesty $100,000 deductible Workers' compensation Automobile liability Property, Office Building & Personal Property Fire and extended coverage (90% coinsurance) General liability Personal injury, products, advertising Property damage Monticello Insurance Company Directors and officers liability Security Bond Associated, Inc Employee dishonesty ITT Hartford Insurance Company Employee dishonesty (ERISA Bond) Exemption from Real Estate and Income Taxes 7he Authority is a public body corporate and politic pursuant t. Chapter 421, Laws of the State of Florida which is subsidized by the ~ederal Government. The Authority is not subject to Federal, Stato income taxes, or Local property taxes, nor is it required to file Federal and State income tax returns as a public body corporate and politic pursuant to Chapter 423, l~ws of the State of Florida, 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 I Amount of Covera egE__ $ 2,000,000 Statutory $ 500,000 $22,093,600 500,000 300,000 t,000,000 100,000 5,000 Annual 07/12/98-99 $ 3,270 07/24/98-99 $29,528 02/09/98-99 $16,576 04/10/98-99 $90.801 07/17/98-99 $46,184 05/07/98-99 $ 4,960 07/12/98-99 $ 485 07/11/98-99 $ 105 28 1 ! I I I I I I I I I I I I I I I I I Reserves COLLI ER COUNTY AUTHORI Immokalee :ida SU T SEP MBE 0 1998 (Continued) The Housing Authority has maintained adequate reservers for operatio.s and Bond debt service at September 30, 1998. See also Note financial statement. 4. Accounting Records and Fi ed s et Co tro The accounting records maintained are adequate to fncili[at~ budgetary reporting and analytical purposes. The fixed :lsset~; ar. also adequately safeguarded by the P}~ personnel. Financial Reports The financial reports included in this audit are in agreement with the accounting records of the Housing Authority after audit adjustments have been made. We noted that deposit funds are adequately insured by the FDIC and properly collateraltzed and are at or exceed the required reserve levels required under the Loan and Grant Agreement as of Septelnb~r 30, 1998. Comments on Com iance an d st atone Ite nal Control We have audited the financial statements of the Collier County Housing Authority - Farm Worker Subsidized Housing Program for the year ended September 30, 1998, and have issued our report thereon ::ovember 10, 1998. Based on our tests of transactions and examination of records as required by the ~. We believe that Collier County Housing Authority Farm Worker Subsidized Housing Program has complied with the financial terms and conditions of the contract with the regulations, policies and procedure~; prescribed by the U.S. Department of Agriculture, Rural Development (formerly Farmers Home Administration), loan agreement, and the financial regulations and procedures prescribed by management and those of its governing board. 29 I I I I I I I I I I I I I I I I I I 7o COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGP~M SUPPLEMENTAL INFORMATION ~EPTEMBER 90, ]998 (Continued) Comments on Compliange and Administrative %nternal Control (Continued) As a part of our audit, we reviewed and tested the Housing Authority's system of internal control to the extent we considered it necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purposes of such evaluations are to establish a basis of reliance on the system of internal accountin5 control in determining the nature, timing and extent of other auditing procedures that are necessary for expressing an opinion of the financial statements and to assist the auditor in planning and performing the audit of the f~nancfal statements. Additionally, our audit included procedures necessary in our judgement to determine compliance with contractual terms and conditions and regulations, policies and procedures prescribed by the Rural Development (formerly Farmers Home Administration) and by management and the governing board of the Authority. The objective of internal accounting control is to provide reasonable, but not absolute, assurance as to the safeguarding of assets agains~ loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgements by management. There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistaRes of judgement, carelessness, or other personal factors. Control procedures whose effectiveness depends upon segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management with respect to the estimates and judEements required in the preparation of financial statements. Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions, and that the degree of compliance with the procedures may deteriorate. 30 I I I I I I I I I I I I I I I I I I 10. 11. 12. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLF~MENTAL INFORMATION S PT BER 30 998 (Continued) Comments on Compliance and Administrative lnterna!._c.,pj~_tr__o_l (Continued) Our audit of the financial statements made i:~ accordance wi~h £enorally accepted auditing standards, including the study evaluation of the P}LA's system of internal control for the ended September 30, 1998, that was made for the pu:'pos~:s set forth th..-~ first paragraph of this report, would not n~ces:;ar~ly all weaknesses in the system because it was based on selective t~,sts of accounting records and related data. However, such study and evaluation disclosed no conditions that believe to be material weaknesses or evidence of noncompliance. These conditions were considered in determining ~he nature, timing, and extent of audit tests to be applied to our audit of the financial statements and this report of such conditions d~es not modify report dated ~:ovember 10, 1998 on such financial statements. Other findings or recommendations for the period ~.nded septemb~,r 3(), 1998' There were no other reportable findings other than as outlined abow, ~ithin the Supplemental Information part of this report. The required schedules of Expenditures of Federal Awards, alon£ requfred reports on Internal controls and Fedoral Compliance as outlined under Office of Management and Budget (OMB) Circular -~-e:oc issued to the Housing Authority as one report, as m,'~ndat,~d the Amended Single Audit Act of 1996 (Public Law 98-502). Accounts Receivable-Tenants Tenants accounts receivable at Septomber 30, 1998 totaling $36,401.65, were accounts aged at thirty days (30) or less. Accounts Payable consist of $50,631.77 at Septembe~ 30, 1998. This balance which is payable to reoccurring vendors is for services or purchases of thirty days (30) or less. Management Fees The Collier County Housing Authority is the owner of the Farm Worker Subsidized Housing Program, and does not charge any Management fees to administer this project. 31 1 13. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER S D HOUSING G M suppLEMENTAL INFORMATION SEPTEMBER 30. 1998 (Continued) Schedule of Financial Instttutton Where the Housing Authority Maintains its Bank Accounts NAME OF FINANCIAL INSTITUTION 6¢COUNT NAME Florida Community Bank 1400 North 15th Street Immokalee, Florida 33934 Operation and Maintenance Revenue Fund CCHA Scholarship Fund Security Deposit Fund Defined Benefit Pension Trust Bond & Interest Certificates of Deposit Certificates of Deposit Certificates of Deposit Certificates of Deposit First Union National Bank P.O. Box 45092 Insurance Reserve Fund Bond & Interest Sinking Fund Reserve Nations Bank of Florida P.O. Box 31590 Tampa, Florida 33631-3590 Payroll Account Special Events Account Cash Construction Fund Certificates of Deposit Certificates of Deposit Certificates of Deposit I I I I I I I I I i I I I I I I I I I ACCOUNT BALANCE $ 82,563 153,678 456 105,527 5,672 100 50,000 90,000 100,000 150,000 737 55 43 20 118 24 73 100 100 100 , 397 CLASSIFICATION ,996 ,219 ,478 ,111 ,808 ,120 79 ,057 ,000 ,000 ,000 ,256 Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Restricted Fund Cash-Retiree Pension Payments Cash-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Cash-Unrestricted Fund Cash-Reserve Fund Cash-Reserve Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund Investments-Reserve Fund 32 1 13. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16- FAP~M WORKE SUBSI~HOUSING PROGRAM SUPP EMENTAL I FORMATION E BE 0 1998 (Continued) Schedule of Financ s t o Where the ou n Authorit Maintains its Bank ~ (Continued) NAME OF FINANC A_~ ~E Independent Bankers' Bank of Florida P.O. Box 4998 Orlando, Florida 32802-4998 Florida State Turnpike Authority Bond Homestead, Florida Special Assessment Revenue Bond Lee County Florida Industrial Development Authority Utility Revenue Bond Daytona Beach Florida Water and Revenue Bonds Palm Beach County Criminal Justice Palm Beach Florida Health Facility Authority Revenue Bond Marion County Florida School Palm Beach Florida Improvemen~ Redevelopment Pinellas Park Florida Infrastruc~ur~ Sales Tax Miami Dade County Florida Solid Waste System TOTAL I I I m ACCOUNT m .~A LAN C_____.~E CI~SSI FICATION 25,000 Investments-Reserve Fund I 10,000 Investments-Reserve Fund I 40,000 Investments-Reserve Fund m 5,000 Investments-Reserve Fund 25,000 In]estments-Reserve Fund 35,000 Investments-Reserve Fund m 20,000 Investments-Reserve Fund 65,000 Investments-Reserve Fund I 10,000 Investments-Reserve Fund 25,000 Investments-Reserve Fund I 260,000 I ~1,5~,o~o I I m m I I The above amounts were confirmed with the institution listed at September 30, 33 1998 I I I I I I I I I I I I I I I I I I 14. 15. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUP LEMENTAL NF RMATION S 0 1998 (Continued) Schedule a d Co t o e s ow d Not applicable, because the Housing Authority, is a legal public Authority and not a private enterprise. Schedule of Chan es in rs oa d C mmissioners This is a local Public Authority and can never change as owners. The following is a list of the current Board of Commissioners. Commissioner a o o Dorcas F. Howard October 17, 1998 Mildred Slerrod November 7,2001 Lois Stubbs, Farm Laborer November 4, 2000 Leo S,. Cardona, Ed. D., October 27, 1999 Robert Newsome November 7, 1998 16. Schedule of Rental Information Address Immokalee, Florida Immokalee, Florida Immokalee, Florida Immokalee, Florida Naples. Florida 17. ~RJMBER RENTAL UNIT SIZE OF UNITS RATE_ One bedroom unit Two bedroom units Three bedroom units Four bedroom units 66 $ 47 198 53 172 59 __135 64 WEEKS GROSS POTENT I Al. RENT 52 $ 161,30f 52 545,688 52 527,696 52 449.280 TOTAL NUMBER OF UNITS ACTUAL RENTAL REVENUE Tenants RECD rental assistance subsidy Vacancy Losses Amount 76.08% $1,281,331 18.15% 305,640 94.23% 1,586,971 5,77% 96,997 TOTAL GROSS POTENTIAl, RENT , 100,00% $1,683,968 NOTE 1 -- Rental rates were effective October 1, 1997. Management provides for the weekly collection of rent. Delinquent accounts receivable, if any, do not exceed 30 days in most instances. Real Estate Taxes The Housing Authority is a local public body corporate and politic and is tax exempt by State of Florida, Section 423. 34 1 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ACT VITIES OF T g US C AUTHORITY B 99 The Authority had 571 units of Rural Development Farm Worker labor housin5 in management at September 30, 1998, and was administering 361 lease housing units under the HUD Housing Assistance Payments Program. Management 09-011-05914055 Leased FL29-E-141-001-006 FL29-V-141-O04-008 FL29-K-141-001 Farm Worker Subsidized Housing Program Section 8 Housing Certificate Program Section 8 Housing Voucher Program Section 8 Moderate Rehabilitation TOTAL 571 145 181 3__!5 361 932 35 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FArM WORKER SUBSIDIZED HOUSING PROGRAM RHCDS PROJECT NAME: COLLIER COUNTY HOUSING PROGRAM PROJECT NlrMBER: 09-011-0591 4055 CERTIFICATE OF BORROWER The information provided by the Collier County Housing Authority to Malcolm Johnson & Company, P.A., Certified Public Accountants, for the preparation of the September 30, 1998, annual audit to which this certification is attached is hereby certified to be true and correct, and it is further certified that the handling of the reserve account, the operation and maintenance account, and rental receipts, Collier County Housing Authority was in accordance with the USDA Rural Development Regulations. ~/~ Done this / ' of I~:'~'~ 1998 BY: -Executive Dire6tor- I I I I I I I I I I I I I I I I I I COLLIER COUN H US G AUT ORr SCHEDULE OF F ND NGS UEST ONED COSTS FOR HE D 8 SECTION I - SUMMARY OF AUDITORS RESULT~ Financial Statements Type of auditors' report issued: (unqualified, qualified adverse or disclaimer) Internal control over financial reporting: - Material weakness(es) identified? - Reportable condition(s) identified that are not considered to be material weaknesses? yes .yes Unqualified X no X none reported Noncompliance material to financial statements noted? yes X no Federal Awards Internal control over major programs: - Material weakness(es) identified? ];es X no - Reportable condition(s) identified that are not considered to be material weakness(es)? ,, .yes X none reported Type of auditors' report issued on compliance for major programs: (unqualified, qualified, adverse, or disclaimer) Any audit findings disclosed that are required to be reported in accordance with section 510(a) of Circular A-1337 Unqualified __yes X no Identification of major programs: CFDA Number 14,875 14,855 14.405 Name of Federal Pro,ram ~ectton 8 Rental Certificates Section 8 Rental Vouchers Rural Development Loan Program Dollar threshold used to distinguish between type A and type B programs: Auditee qualified as low-risk auditee? 37 $ 300,000 .yes X no I I I I I I I I I I I I I I I I I I I NONE NONE COLLIER ¢0UNTy~OUSING AUTHORITY Immokalee. Florida SCHEDULE OF FINDINGS AND OUESTIONED COSTS FOR THE YEAR gNPED SEPTEMBER 30. 1998 (Continued) SECTION II - FINANCIA~STATEMENT FINDINGS SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS SECTION IV - SUMMARY $CSgPV~,E OF PRIOR AUDIT FINDINGS There were no audit findings during the prior audit period for the year ended September 30, 1997. I I I I I I I I I I I I I I I I I SINGLE AUD%T SECTIOn: COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FISCAL YEAR SCH E OF W FR AN:PJAL AN~ CONTRIBUTIONS PROGRAM ~= CFDA PROGRI~M CONTRACT A T N h_~ AMOUNT FEDE~L G~TOR' U S D P ~ O 0 ~ D VEI.OPMENT 1998 A-3402 Section 8 Rental Cer ca -Annual Contributions earned 14.857 1998 A-3402 Section 8 Renta~ Voucher Pro rf~ -Annual Contributions earned 14.855 974~z~2! 0.....Q 1998 A-3402 Section 8 ~9derate Rehabi ttat o o ram -Annual Contributions earned 14.856 TOTAL U.S. DEPARTMENT OF MUD _1.742 219 O¢) FEDEP~AL GRANTOR: U.S. D P R M O G I ULTURE 1998 N/A Rura c it Develo me ~-~ental ssis a a s 10.427 295 601.00 TOTAL U.S. DEPARTMENT OF AGRICULTURE 295 601.00 TOTAL EXPENDITURES OF FEDERAL AWARDS The Authority is administering 571 units of housing under the U.S. Department of Agriculture-Rural Development. The financing for construction of this housing project was provided by the U.S. Department of Agriculture's Farmers Home Administration Program for Farm Labor }lousing Loans and Grants (Federal CFDA Number 10.405). At September 30, 1998, the balance of the long-term debt due to the U.S. Department of Agriculture-Rural Development was $2,349,000. This loan balance has been considered as a part of the computation to determine the major and non-major program requirements. I I I I I I I I I I I I I I I I I I BALANCE BEGINNING OF YEAR SUBSIDIES CONTRI BUT I ON S ADVANCES ~ 815,737,94. 873,672.24 141,580,46 1,830,990,64 295,591,00 295,591~00 ~2,126,58~,64 EXPENDITURES 815.737.94 873. 672.2/,' 14t,580.46 1.8)0.990.64 295.591.00 295,591.00 92.126.581.64 39 OTHER ADDITIONS fDELETIONS,],, BALANCE END OF YEAR I I I I I I I I I I I I I I I I I I MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 609 N. Highway 17-92 Suit~ 102E l~Bary, Flodda 32713 TELEPHONE (904) 851-0082 FACSIMILE (904) 851-0084 REPORT ON COMPLIANCg A~ND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners Collier County }lousing Authority Immokalee, Florida HUD, Florida State Office Public }lousing Division 1320 S. Dixie Highway Coral Cables, Florida 33146-2911 We have audited the financial statements of the Collier County Housing Authority as of and for the year ended September 30, 1998, and have issued our report thereon dated November 10, 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 Statee. As described in Note A to the Financial Statements, the Housing Authority's policy is to prepare its financial statements on the basis of accounting practices described or permitted by the various governing bodies. These practices differ in some respects from generally accepted accounting principles. Accordingly, the aforementioned financial statements are not intended to present financial position and results of operations in conformity with generally accepted accounting principles. This report is intended solely for filing with cognizant federal, state and local agencies and is not intended for any other purpose. Compliance As part of obtaining reasonable assurance about whether the Collier County Housing Authority's financial statements are free of material misstatement, we performed tests of its compliance with certain provision 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. However, we noted certain instances of immaterial noncompliance that we have reported to management/(Board of Commissioners) of the Collier County Housing Authority in a separate letter dated November 10, 1998. 4O Interna C1 ontrol Over ina a e o t n . o t In planning and performing our audit, we considered the Collier C un.y Housing Authority internal control over financial reporting in order to determine auditing procedures for the purpose of expressing our opinion on the our financial statements and not to provide assurance on the interna] control over financial reporting. Our consideration of the internal control over financ{al reporting would not necessarily disclose all matters in the internal contr.] over financial reporting that might be material weaknesses. A mater~al weakness 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 to relation 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 operation that we consider to be materia! weaknesses. This report is intended for the information of the }lousing Authority management and federal awarding agencies and pass-through entities. However', this report is a matter of public record, and its distribution is not limited. I I I I I I I I I I DeBary, Florida ~:ovember 10, 1998 41 I I I I I I I I ! I I I ! I I i I I MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 609 N. Highway 17-92 Suita 102E DeBa~y, Florida 32713 TELEPHONE (904) 851-O082 FACSIMILE (904) 851-O084 REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM ~ND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Board of Commissioners Collier County Housing Authority Im~okalee, Florida HUD, Florida State Office Public Housing Division 1320 S. Dixie Highway Coral Gables, Florida 33146-2911 Compliance We have audited the compliance of the Collier County Housing Authority with the types of compliance requirements described in the U. S, Office of Management and Budget {OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended September 30, 1998. The Housing Authority's major federal programs are identified in the summary of auditor's results section of the 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 the Housing Authority's management. Our responsibility is to express an opinion on the Housing Authority's compliance based on our audit. We conducted our audit of compliance in accordance with generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and OMB Circular A-133, Audits of States, Local Governments and Non- Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred 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 aboug the Housing Authority'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 not provide a legal determination on the Housing Authority's compliance with those requirements. 42 I As described in Note A to the Financial Statements, Authority°. the }lousing policy is to prepare its financial statements on the basis of account, iht practices described or permitted by the various governing bodies. Th~.,s~, differ in some respects from generally accepted accounting principles. practices Accordingly, the aforementioned financial statements are not intended to financial position and results of operations in conformity with generally accepted accounting principles. This report is intended $ole]y for filing witl~ cognizant federal, state and local agencies and is not intended for any other purpose. In our opinion, the Collier County Housing Authority, complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended September 30, 1998. Internal Control Over Com a e The management of the Housing Authority is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit we considered the Authority's internal control over compliance with requirements that could have a direct and material effect on a in order to determine our auditing procedures for the major federal program purpose of expressing our opinion on compliance and to test and report internal control over compliance in accordance with OMB Circular Our consideration of the internal control over compl~ance would not necessarily disclose all matters in the internal control that might be ma~.rial 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 relatiw~ly low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal being audited may occur and not be detected within a timely program period by employees in the normal course of performing their assigned functions. We noted ~o ~atters involving the internal control over compliance and its operation ~ha~ we consider to be material weaknesses. This report is intended for the information of the Housing Authority's management and federal awarding agencies and pass-through entities, llowever, this report is matter of public record' a and its distribution is not limited. Ce:tif~t~'d Public Account n . DeBar)', Florida November 10, 1998 43 I MEMORANDUM ~Oar~ Misc. Correspondence Agenda ID,.,~e~.,,.~, , Agenda Item #__ 1 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 4, 1999 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier Mosquito Control District 1. Pursuant to Florida Statutes Chapters 189 and 190. the Collier Mosquito Control District has submitted the following: (a) Public Facilities Report lb) District Map Thank you 600 NORTH ROAD NAPt. ES. FLORIDA 34104.3464 ;3J!) 43~;.1000 FOx (94'; I ' 1 February. 23, 1999 Clerk of thc Circuit Court Financc Department c/o Dwight E Brock Court Flaza 1II 2671 Airport Road. Suite 203 Naples, Florida 34112 Dear Mr. Brock: Enclosed please find thc "Public Facilities Report" tbr the Collier Mosquito Control District required by Florida Statute ! 89.415 to be delivered to you by March I" of each year The map which you have showing District boundaries is current. The boundaries have not changed in recent years. Should you wish any other inlbrmation not included in the report as we have written it, please so advise. Sincerely, Joan D. Owens Director, Administration JDO/mb Enclosure RECEIVED FIN i CE 600 NORTH ROAO NAPLES. FLORIDA 34104-2464 Feleohono: (941) 436-1000 Fax: (94f~ 4 PUBLIC FACiI,ITIES REPORT: Submission Date - February 23, 1999 Collier Mosquito Control District 600 North Road Naples, Florida 34104-3464 The Collier Mosquito Control District has occupied its current facilities since 1990 and leases the land on which these facilities are built from the Naples~Airport Authority. We consider them to be adequate for day to day operations and do not anticipate any additional buildings at this time Buildings included in our complex: District ttcadquaners and l,ab Vehicle Repair and Maintenance i tangar Building Vehicle Storage Building Pesticide Storage Building - 6,400 square fi2et 9,600 square fi2et - 21,206 square feet 9,600 square feet 2,250 square feet The District encompasses 242 square miles in Collier County and is responsible tbr the control of mosquitoes within the boundaries outlined on the map enclosed The District is governed by a Board of five elected Commissioners. We currently have twenty-seven full-time employees, seven captains and co-pilots on call and two seasonal inspectors. I DC]NITfl f~IITH hlRPL[S I #1 NRPLES LEE COUf'IT Y ~h Collier Mosquito Control District Line Excluded Areas IICI MEMORANDUM RECEIVED ~ence Agenda ,,;.It,Date ...... II jj Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager ! · Clerk of the Circuit Court/Finance Department DATE: RE: March 4, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Pursuant to Florid~ Statutes Chapters 189 and 190, the Port of the Islands Community Improvement District has submitted the following: (a) (b) Notice of Meeting on February 18, 1999 Meetings of meetings held August 6, 1998, October 15, 1998, November 19, 1998 And January 21, 1999 Thank you .?~stanttl~ :'-;c 'Kte .~rr~ "'=,. Cof~ es; ..../ · ~;r q:r,S TO: Notice Of Meeting Port of the Islands Community Improvement District The Board of Supervisors of the Port of the Islands Cmnmunity I~nprovement District will hohl their regular meeting at .!.00 P..M, Thu,'sday, February IS. 1999 in the RV Recreation Hall, 12-t2.5 Union tioad, Naples, Fh)ri{la. The me'ting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. There may be occasions when one or more Supervisors will participate by telephone At the above location there will be present a speaker telephones, that any interested person can attend the meetin~ at the above h}cation and be fully in,brined of the discussions taking place either in person ~,r [)v teluphm~e ('Olllllll. lll it'a I i{~II :\nv {)ers,~n requiring special acconmmdati,ns at this ,nec. ling l,ec;{us(;-1';~ disability or physical impairment should colltact the Distric{ (')t'{3ce :it I!).5.t) 753- 0:5.q0 ;it lea.<t five calendar days prior t.o the meeting Each pe, rson.who decides to apt)cai any decisim~ mmic by th~,Bo'4~ w~th respect to any matter considere, l itt the meelfin(~l~ a~lvised that persr~n will need a fcc.rd of the proceedings and that accordingly, the person may need to ensfi're that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager Po 't of l'le Islands February 23, 1999 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016: Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 Da~qd Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held January 21, 1999 From' Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/jmr 10300 .NWI ~'r, f,4ano, · r.';.: r,~* ,c.';mr~gs. Florlda,,~3071 · ('):..4~ 7'.3 C3h,.;; · r ,. ~:,';.;. ".' .. ' ' HINUTES OF MEETING PORT OF THE ~S COMMUNITY I1KPRO~NT DISTRICT 1 The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, January 21, 1999 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Richard Gatti Bernard E. Wolsky Millie K. Strohm Brennan Gillespie Chairman Vice-Chairman Supervisor Supervisor Also present were: John Petty Ron Benson Tim Stevenson Marlene (Sams) Marchand Barry Berger Several Residents FIRST ORDER OF BUSINESS District Staff Engineer RV Park Owner Mr. Gatti called the meeting to order at 4:00 P.M. and Mr. Petty called the roll and stated that all Supervisors are present at roll call with the exception of Mr. Burgeson. SECOND ORDER OF BUSEhtFxS Approval of the Minutes of the November 19, 1998 Meeting Mr. Gatti stated that each Board member had received a copy of the minutes of November 19, 1998 meeting and requested any additions, corrections or deletions. liOn MOTION by Ms, Strohm seconded by Mr. Wolskyl[ [with all in favor the minutes of the November 19, 1998] [Meeting were approved. II FOURTH ORDER OF BUSLN]~ Staff Reports A. Atto~ There not being any, the next item followed. B, Engineex- Fire Line Status Report Mr. Petty stated last week we heard from the main Developer here at Port of the Islands whose permit had been denied for building in Sunset Cay because of a question the Fire Inspection of Collier County has. I contacted our Engineer to try and help out and resolve that issue and he is here to report on that. Mr. Benson stated we have done some checking with both the Ochopee Fire District as well as the Collier County Development Services Office that reviews building permits. There is a fire official that does review these building permit applications. He has had some questions regarding the fire flow test that have been done in the past here by the Ochopee Fire District. A little bit of this is I think is between the two government entities there, being Ochopee District and Collier County Fire Officials. Mr. Gatti stated for those of you that may or may not understand what the issue is, the question is does our water system have sufficient water supply to meet fire requirements of the County and of the Fire District. Mr. Benson stated the hydrants. Mr. Oatti stated right and in fact you may have seen them out here in thc last couple of weeks. Mr. Benson stated they were supposed to be here today. The issue is there is a certain requirement for fire flow by the size of the building. The test that was performed did not indicate that you had that quantity of water available. In talking ~-ith the folks at Collier Count~' Fire Official's office, they felt that they were just not doing the right test. They have talked to them. We have talked to both entities. They were supposed to come out and do a test this week. Apparently it was today. Hopefully, they performed the test correctly. You have a fire system that takes water out of the canal. There are four pumps and they are three different sizes. Your larger pumps have plenty of capacity to put out more than the amount of water than they are asking for. It is just a question of are they making the right measurements. When the open the hydrant are they waiting long enough for that big fire pump to kick on and measure the flow after the largest pump is on. We have checked everything out and everything should be okay. Rest assured you have a fire protection here at the Port of the Islands and we will do whatever we can to make sure that everything between the two entities gets worked out and the Developer gets his permit from the Fire Code Official his building. January 21, 1999 Port of the Islands C.D.D. A resident asked isn't our fire hydrants and our lawn sprinkling water on a separate line than our drinking water? Mr. Benson responded it is a separate pipe line. A resident stated in other words a pipe line that comes out of the canal takes care of all the fire hydrants around here and all of our sprinkler system. Is that correct? Mr. Benson responded there are a few exceptions. A resident stated but most of it works that way and then there is another feeder line that takes care of the drinking part. Mr. Benson stated that is correct. You have four pumps that pump ,ut of the canal and come on that put out a large quantity of water that would be m~)rc than enough to meet the requirements for fire protection. Mr. Gatti stated the bottom line is that we have plenty of fire pumps and now the only question is a matter of getting the County and the Ochopee Fire District together. Mr. Benson stated that they are performing the test they way the should and that they are in agreement in the measurements. First there was a little bit of difference of opinions between the two entities. Mr. Gatti asked what is the next step in all of this? Mr. Benson responded hopefully everything should be taken care of in the next few days. A resident asked if the electricity is struck by lightening is there a back up with diesel or a generator? Mr. Benson responded we have a diesel generator. A resident asked are you going to get a letter from the fire agency ~hat has denied us or at least has indicated that we have not meet their requirements and now that we have met form again we will have a letter on record in our file? Mr. Petty responded it is not the District that was noticed. It was the Developer who was noticed, The County fire official has no review authority over the District's water and sewer lines. That was all done years ago and the Engineers have all passed those requirements by the DEP and Collier County. This is strictly an intergovernmental matter that we are acting as peace keepers in, Mr, Gatti asked Mr. Benson do you have anything else to add? Mr. Benson responded that was the concern that 1 was asked to address before the Board, The system is adequate. We have double checked it, 3 January 21, 1999 Port of the Island~C~.~. Mr. Gatti stated I signed a set of plans and a signed a letter to DEP or EPA approving the system on the North end of the airport. That is not related in any way to this. Mr. Petty stated those are subdivision lines. C. Manager There not being any, the next item followed. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Gatti stated I would like to make a little suggestion and I do not know if we have a lot of flexibility in this or not. Our community is growing and as we grow so do the issues. This is really one of the few avenues that we have to express ourselves and to ask questions. The reality of it is that the CID Board is structured to deal with confined criteria. We have to do with the sewer and water, providing the services, maintaining the system and seeing to it that it operates financially. We have to deal with what I call public right-of-way, but it is CID right-of-ways and all our roadways in the adjacent areas. We take care of and maintain the roads and the areas adjacent to that. Beyond that, the CID really does not have authority to do a lot of the things that we talk about. In that context, I am going to suggest that in this part of the discussion we stick strictly to CID related issues. After we get through with the CID agenda, then close this meeting and as a group of homeowners we can talk about anything we want to talk about and do whatever we want to do. I am sorry that the Attorney is not here. I hate to impose on Mr. Bernard, but somewhere in the transition between the Developer and the HOA, this being ownership, as the Homeowner's ownership goes up and the Developer's ownership goes down somewhere in that line is going to be a transition where the HOA becomes the authority over this District. We are not anywhere near that yet. In reality, Mr. Bernard correct me if I am wrong, until that Master HOA can deal ~ith all of the issues within the subdivision--Mr. Bernard could you comment on that? Mr. Bernard stated I did not come here to interrupt. What I bear a couple of different things that are confusing. First of all, control of the District. The Improvement District will always function to handle Improvement District issues. The HOA will never take over that responsibility. There will be Board throughout the time that the owners own the water and sewer improvements, the District right-of-ways and the drainage. There are a number 1 4 of other things which are allowed under Statute which can be addres~ by the Board. Control of the District will be transformed from one acre-one vote which basically means that the Developers control the voting even though in this case you have three Homeowners and two Developers, but to the point where the registered voters in the District when there are 250 of them, then it will be just like an election for the Mayor of Naples or any other election that you go to. Each person who is a registered voter will vote. Ms. Marchand will get one vote if you are a registered voter. If you are not a registered voter, you do not get a vote. You may own 300 acres and it won't matter. Mr. Hardy at that time will have one v(~te even though he may own 300 or 400 acres when there are 250 registered voters in the District. A resident asked registered owners? Mr. Bernard responded it does not matter. Registered voters in the District of Port of the Islands. The address that creates it is recorded by Ms. Morgan who is the Super~'isor of Elections and she knows who lives in the District. Every year she gives the District a report as to how many registered voters are living in the District. At the last count, there were about 125. You are about half way there. Remember that each family counts as two votes because both members register fl)r voting even though your household only gets one vote now under the one acre or one parcel-one vote. If you have a son that lives with you that is 18, the household would have three votes. That is where that takes over. Issues relating to the entire community and I think this is what Mr. Gatti was aiming towards-- can be addressed in a number of different ways, but there is a vehicle in place which is called the Association of Port of the Islands Inc. [']ach Associati~)n within Port of the Islands, Sunrise Cay I, Sunrise Cay II, Sunset II, Sunset III, Sunset XIV--how ever many there are--Eveningstar Association, Egret Point Association (if one were to be formed. It does not have to be because if you arc a homeowner within the residential areas of a subdivision then you automatically belong to an Association of Port of the Islands, Inc. l It has basically two functions. It has the responsibility for deed restrictions. There are recorded restrictions on each and every property and then there are overall covenants of restrictions and that is where the associations come in. Eveningstar has one set of restrictions. Sunrise has a different set. Stella Maris has their own. They are all under the umbrella of the Association of Port of the Islands Inc. which basically functions for two purposes, Architectural Review and there is a committee that consists of Mr. Wolsky, myself and .Ms. Rose and we look at the 5 January 21, 1999 P°rt °f thc Islandsi'~DG homes as they are submitted. Quite frankly, we do not have any way of.making thc County bring it to us for review before they issue a permit so sometimes I have to run out when I see a permit board go up and get to the Builder and say, "We do not have plans and we have to look at them." That basically controls set-backs, thc type of homes, the fact that there are garages, the type of roof. There arc certain things that are covered in those restrictions. Architectural review and deed restrictions and enforcement thereof. Those are the two functions for the Association of Port of the Islands, Inc. It does not mean it could not have others. Thc articles of incorporation can be amended, by-laws can be amended, s(~ that it can cover any number of issues, but it would only be effected to the residential portions of Port of the Islands. It would not effect the commercial. It would n~t effect the hotel. If you want to do something that covers everybody, you either have t~ create a new entity. Tcr create a new entity requires that everybody that is going to be a part ~f that new entity has to know of and agree to and allow it to be created. Mr. Gatti stated I though that at a point in time there would become a Master Association as a result of the ownership. What I hear you saying is that is n~t the case. ~Ir. t~ernard stated the District will remain the District. ~Ir. Gatti stated I understand the CID portion of it, but I thought in the overall development... ~Ir. Bernard stated there is a formula by which the Master Association which is the Association of Port of the Islands Inc. reverts to the Property Owners. I do not have that with me, Basically it says that the Developer ~ets ~ votes for every one that you have. It is controlled by the Developer. Right now I am the President. We do not charge any dues. We have not had any fees. The only issue that we have every had is that we had a cuuple of people that disregarded the deed restrictions. We talked about whether ~r not we should collect monies, hire a lawyer to write the lawyer letter. A resident stated you could put a lien on their property. Mr. Bernard stated that is if you charge everybody $$0 a year and Mr. Genun~ decides not to pay you can lien that $$0. Just like with a HOA ?u can lien the property and if it ~ets big enough you can foreclose the lien. Mr. Gatti stated I do not mean to ~et to~ far off' the field here. I think that we understand that the CID business is rather restricted and the rest of this we d~ as a group of Homeowners. At this point in time this is where we are at. I would like to see our activities conducted in that way. If you would like to have someone 6 January 21, 1999 Port of the ~slands C.D.D. else chair that meeting I would be perfectly receptive to that or however we want to handle it, but let's proceed on that basis and if something is really far from CID business I will bring it to our attention and we will talk about it as a second phase. Does everybody buy into that? The Board members concurred. Mr. Gatti stated as long as we have Mr. Bernard in a corner, I do not know how many of you know Mr. Bernard but he has been out here and active in the development of the area for some time. He is the guy that gets the brunt of all the good news, but he also gets the brunt of all of the bad news. The bad news sometimes out weights the good news, but no matter how you look at he has always had Port of the Island's interest at heart. In recognition of a lot of time and service and his efforts and his continuing efforts we would like to present this award and let me read it. "Presented to Tom L. Bernard in recognition of yot, r dedication and service to Port of the Islands Community. ,July 1991 through October 1998." Mr. Bernard stated that is very nice and I thank you. I made enough speeches over the year and you do not need to hear anymore, but I very much appreciate this and thank you. Mr. Gatti stated we are glad to see you back. Are there any comments £rom the Supervisors? Hearing none, then we will receive comments from the Audience. Ms. Marchand stated we had an incident here at the RV Park on January 8th were we had a 911 call. Unfortunately the lady did not make it. After investigating it with Mr. Wilson, the EMS, the Sheriffs Department, etc., tim end result was that could not find us. They came in and they followed--even though it was well indicated it was Port of the Islands RV Resort and our address and they had the site number and I had the coordinator of dispatch call me back and she went through the tape and yes it was RV Park and everything--they came in and followed the Union Road sign. The went up Union Road and they came down and went across our little nursery road and then went down to Gun Club. The end result of which it was over 20 minutes by the time the got here. I would like to make a request to the District for two things. The nice new sign that you have coming in on the Boulevard that directs the Hotel and Conference Center, ltV Park and Gun Club I content that it is too small and it is too far forward. They missed it. They did not see it. They said there was no indication on the road coming in of which way to turn. The address is Union Road so they followed 7 January 21, 1999 Port of the Island~ C.D.D. Union Road. Would it be contrary because it is on a District Road to put a dual sign that would say Union Road East and Union Road West. The description they have of us is Port of the Islands RV Park North of 41 West of the Hotel. That is clear. That is what they have. There is absolutely nothing clearer that those people could have had to find us and yet they could not. I need to ask for some cooperation for the signage on the District Road areas which is what they follow. I can put additional signage on my own property, but I cannot put up Union Road signs. We are the only part of Union Road that can go left. You can get to us by going to the right, but it is a round about way. Ms. Strohm asked when you get to the end of Union Road fight at the Hotel we used to have a sign that said RV Park pointing left. Do we no longer have that sign? .Ms. Marchand responded it fell down and I was told I could put another one up at my expense, but it is on Hotel property which does not get us anywhere. The sign that is there is just too far down. It could come up to the comer. Ms. Strohm asked is there a sign? Ms. Marchand stated there is a new one that directs. You haven't seen it either and the EMS certainly did not. A resident asked when the EMS truck itself comes around the comer where the closed hotel is do they have a map and a layout of the RV Park? Ms. Marchand responded yes. A resident stated so they do know where site # 501 is? Ms. Marchand responded yes. They just had trouble getting to us. It was not the regular team, but that is what can happen so we have to be able to cover all events. A resident stated in Detroit where I come from the Fire Departments by zone always had a breakdown map within the EMS truck. I am sure that because this is a large area they are going to be servicing there must be some kind of a breakdown or area maps for different roads. I was just wondering if they have that kind ora map that takes them from Route 41 all the way in on this road. *Is, Marchand stated they have it all what they feel is that in a matter of an emergency and the people are trying to make a quick decision they have to follow what is the most specific to them and what was most specific is that they were looking for an address on Union Road. Even though you come up there you can see if you know the area a little bit you can see an RV there, but Union Road says that way, they go that way. The dispatcher of 911 read me the whole thing and January21,1999 Port of the Islands C.D.D. went back over it all said if you want to help ask your District to put an additional signage so that we get to you quicker. We cannot do anything more. You are West of the hotel, but it does not say Union Road. Mr. Berger stated the EMS is quite upset about this too. What I think we need is a specific direction from them so they cannot come up with another excuse. We put up a sign they are going to say it is in the wrong place. Let them come out here and spec out exactly what they need--signage where--and do they have the proper information on the truck. They need to be specific on what we have to perform before we move. Ms. Marchand stated I am not objecting to that. It is just that I wanted to get something done. Mr. Gatti stated I think we are incumbent to provide adequate signage that is clear and concise. I think we should do that. Does anybody have any problems with that? The Board members concurred. Mr. Gatti asked how do we do that? Mr. Petty responded we have the right to put up signs on District roads. Unfortunately when the road hits the hotel, the District's right-of-way bears to the right and going to the left we would have the same trouble that Ms. Marchand would in putting a sign on private property. Ms. Marchand stated I am saying to put it where thc Union Road sig,, is. Mr. Gatti stated regardless of where on the property it is located wc could sign this adequately so that it is clear to everybody particularly in an emergency. In following up on Mr. Bcrger's point which is very valid. This is just typically operating procedure in any fire department in the world that you know your areas and every one of the trucks have maps of sections of zones and they should know this area cold. We will take care to make sure that it happens. Ms. Marchand stated they have been cooperative. There is no question about that. Everything else has been like pulling teeth getting to thc right people, but thanks to Mr. Berger who has pointed me to the right people and has been helpful. We would like to have a meeting with Mr. Wilson to come out just for that because EMS is under his responsibility. They never even came to the office. They never found the office. Mr. Gatti stated something is amiss because it just does not make sense. Your point is well taken and we will take step to provide the signage. After this meeting I am going to ask Mr. Genung and Mr. Berger to talk a little bit about 9 Januaw21,1999 Port of the Islands C.D.D. what we have been doing with the fire services which is not a CID issue and we can talk about that part ofit after the CID meeting. bls. Marchand stated their attitude is that they want to help. Ms. Lesley asked is the median on Newport Drive a CID responsibility for being sprinkled? We have lost our grass. Mr. Gatti responded it is CID responsibility, but I also thought it was sprinkled. Ms. Lesley stated I am out three times a day. Mr. Petty stated the majority of that is not irrigated. We have improved from Route 41 No~h. In last year's budget we spent $26,000 and worked our way up that road and we have in our budget money to improve on the next step. There is money in this year's budget to go the next step up, but we do not have money in the budget to do it all at once. Mc. Gatti asked are we talking about the same place? Ms. Lesley responded on Newport Drive going to your house. Mr. Petty stated I thought you said to the hotel. Ms. Lesley stated from the hotel down to the end of Newport Drive. It used to work everyday. Mr. Petty stated it does. Mr. Bernard stated along that same line, certainly the sprinklers need to be fixed. Starting from the entrance on down to Newport Drive the center median is Bahia and has outlived it useful life. You mainly have weeds and if you have some money in the budget for improvements that would be a great place to start. Ms. Lesley asked is that a CID responsibility? Mr. Petty responded yes it is. Mr. Bernard stated I would like to have the Board consider appropriating a certain amount to at least begin refurbishing the center medians and where possible the rights-of-way to whatever the budget allows. Mr. Gatti asked with the potential development of the hotel it would correspond very nicely with whatever they did. I am not sure we would necessary start at the hotel maybe down about where the marina is. I would ask that Staff look at that and recommend a segmented strategy to do this both in terms of scope of work and our ability to finance it within this year's budget. Mr. Petty stated we have not spent any money this year for improvements so funds are available. lO January 21, 1999 Port of the Islan~ ~D~. Ms. Marchand asked can you make sure the specs include the treatment of fire ants? That median is just terrible and it is worst than anywhere else. Mr. Gat~,i stated I would also like to see that we have a fair distribution of the improvements that we need. with all in favor Staff was authorized to look at the refurbishing of the Landscaping in the medians and recommend a segmented strategy to do this both in terms of scope of work and our ability to finance it within Ms. Dillen asked would this also include the median going into Stella .Marls? Mr. Gatti responde~l from an overall program standpoint we should look at evers'thing that the District is responsible for. When we do things like this you have to take into account the areas that are complete[y built-up and those that arc being built because if you fix up an area that is under the stress of construction you put in a lot of money and a year later it is all gone. If we can approach it fm~n the standpoint of what is developed. Ms. Dillen stated in that case Newport Drive is under construction. A resident stated that is true, but if we do not get some water on it we are going to lose the big plants. *Is. Dillan stated I understand, but if that is the criteria I do not know when we would ever reach a point where would be total built-up. Mr. Gatti stated the point is we should take that into consideration, but your point is valid also because if you look along Newport Drive you can see where tile trucks are going off the road all along there. Ms. Lesley stated I walk and an awful lot of people here do. Because of thc construction and the added trucks on Newport Drive we desperately need a walkway, a by-pass, something. I think we all knew it was going to be that way. Mr. Gatti stated I think you would get some very strong support from tile community to do that. Let me suggest this. I personally think it is a good idea because I see an awful lot of people walking, but until we get the area developed and we do see the end of the tunnel in that particular area. I think we should hold back on that because everything from Morningstar on down is under construction and I see that happening within the next year. Then we have to look at the entire community and see where we want walks and whether they be asphalt or concrete. The good new is we can have anything we want like that. The bad new is we have to pay for it. It is going to be up to us to determine whether we want it or not. I think it is a great idea. Ms. Marchand stated right now we are dodging the cars. Ms. Lesley stated and the construction makes it even worse_ Mr. Gatti asked I thought we made as part of our landscaping contract the control of the fire ants? Mr. [Jetty responded from what I am hearing today it is time wc with our contractor and talked to him a little bit about that. Mr. Genung asked do you talk to the contractor or does Mr. Stephens? Mr. Petty responded both of us do. Mr. Gatti stated let me make another point with that questhm, if all tell the contractor what to do we are going to have problems because that guy is not going to know which direction to go in. Our process is to go through Staff so that we hold Staff responsible and he in turn hold the contractor responsible so we have to follow that route or else we are going to have a little bit ora problem. Ms. Dillen stated we have a tremendous fire ant problem over in Stella Marls. Mr. Gatti asked who is responsible for Stella Marls? M r. Petty responded it is private. Mr. Gatti stated that is the association so it not within the CID jurisdiction. Mr. Petty stated the road was turned over to the District along with the lit't station and the water and sewer lines, but no landscaping improvements were turned over to the District. Ms. Marchand asked excluding the entrance? Mr. Petty responded the entry feature at Stclla .Marls was not given to the District. A resident stated I recall from the previous meeting you making a presentation on the high cost of controlling fire ants and did-you say that ther~ was a decision made that it would not be put into the contract with our landscaping contractors. Mr. Petty stated when we discussed this last year it was right when we were issuing the two year contract for landscaping. It came before thc Board on whether we would change the specifications from the insect control criteria that is in there now which calls for him to spray for fire ants when he sec mounds 12 January 21, 1999 Port of the Islands~C~).~ which basically means that whenever he see mounds kill the sod he has to kill thc pests that hurts the sod. A fire ant mound does that. What you end up doing in that case and what he has been doing is you take your cup of "amdro" and put it on the mound and another mound pops up and you end up fighting fires verses stopping the ants from coming on. The way we can write the contract is where it is preventative maintenance where you broadcast spray for fire ant control which is a little bit expensive and it can be cost prohibitive if you have a real problem which I think in our area we do. I do not know that there is anything wrong with us trying a trial period with broadcast spray if that is something the Board wishes to do. Currently the contract says that he is to kill any fire ants that are harming any shrub or vegetation. Evidently he needs to go out and do that. Ms. Marchand stated with my open spaces here at the park we get fire ants and there arc a couple of'companies out there and I investigated them. '['here is one called TNT Fire Ants and he came in and did 26 acres of my property and it is guaranteed to last for six months. You need to do it once every six months. It has bccn a struggle. I have had to bring him back twice and we als() have sccn Australian ants that bite. Maybe something like that should be looked at because if you get a company that will give you a guarantee they are going to come back every month to keep it under control then they can come back every month. Mr. Gatti asked just out of curiosity how much did he charge? Ms. Marchand responded it cost $890 for 26 acres and he has had to come back three times. He is not going to make any money off me for the first time and you do have to commit that once they are under control that you will do it every six months. Mr. Gatti stated the fire ants are pretty bad on the other side on thc entry road. There are no homes there, but still it is a source. Make that a part of your investigation to see if we can do more than just the immediate medians. Ms. Strohm stated that would come out as preventative. Mr. Gatti stated that is part of our landscaping contract. Mr. Petty stated that would be an add-on. Ms. Marchand stated if the existing company cannot do it, maybe you just contract with someone and make them responsible for that period. A resident stated I heard from someone that they have been seeing alligators along the channels coming into the development through the piping. Mr. Gatti stated I might be mistaken but I think all of the drains have flap gates in them. I know the bigger ones do. 1 13 January 2 l, 1999 Port of the Islands C.D.D. Mr. Petty stated the new section on the East Channel does. The West side is the older system and it does not. Mr. Gatti asked is there a problem? Why don't you watch what is going on and if there is a specific problem we will try to address it. When you start putting flap gates on all those two things happen. It reduces the capacity in the pipe. Mr. Benson stated it depends on the design of the gates. Mr. Gatti stated let's determine what the extent of the problem is. A resident stated I have never seen any alligators coming in. Mr. Stevensons stated there is an alligator guy that will come out and get them if they are a nuisance for you. A resident stated she is worried about the grandchildren not thc alligators. Ms. Strohm stated I think what Mr. Stephens meant was if you see an alligator there is someone that you can call who will come in and remove it thc area totally. Mr. Gatti stated let's make sure we have a problem. Mr. Stevensons stated you are going to see an alligator once in a while if are near the canals. If you call the national wildlife alert and demonstrate them that this particular alligator is a nuisance and he doesn't react like thc other alligators, they will issue a removal contract on it. ()nc of their alligatt)r handlers will come out and take him out and destroy him. Seeing an alligator who is just wondering around here is not an unusual situation. A resident stated Mr. Smith told me he did see an alligator near Route 41. A resident asked do you think we suppose that we could ask Mr. Stcvcnsons to see Mr. Smith and ask him exactly where he saw it and what he saw. Mr. Gatti stated now that he describes it there are two huge pipes that go between the houses and it could happen. We are not talking all of our pipe system we are just talking about those two large ones. We could do that with bars. We do not even need gates there. We will take a look at that. Mr. Wetherby asked is there anything new on the North side of Riverside Parkway? Mr. Gatti responded no. Mr. Petty stated construction plans not have been submitted. 14 January 21, 1999 SIXI~ ORDER OF BUSINESS Port of the Islands C.D.D. 16G Approval of Invoice~ ~by Ms. Strohm seconded by Mr. Wolsky with all in favor Invoices for the General Fund dated December 8, 1998 in the amount of $12,241.18; December 30, 1998 in the amount of $2,111.24 and dated January 13, 1999 in the amount of $5,282.98 and Invoices for the Water & Sewer Fund dated December 9, 1998 in the amount of $16,971.86; dated December 30, 1998 in the ~mount of $6,243.75 and dated January 13, 1999 in the ~mount of $3,954.56 were approved. 1 SEVENTH ORDER OF BUSh-N'ESS Adjournment The meeting adjourned at 4:50 p.m. · ~''-, ".t _ Millie Strohm" Assistant Secretary 15 1 AGENDA PORT OF THE ISLANDS C O,~LM'L~'~'i~ IMPRO~ DISTRICT Thursday January 21, 1999 4:00 P.M. RV Recreation Hall 12425 Union Road Naples, Florida 1. Roll Call Approval of the Minutes of the November 19, 1998 Meeting Staff Reports A. Attorney B. En~neer- Fire Line Status Report C. Manager Supervisor's Requests and 'Audience Comments 5. Approval of Invoices 6. Adjournment NOTE TO Alii, MEETLN'G A~qgEES: Please identi~' yourself each 6me you speak to facilitate transcription of meeting m~nutes. Thnnk you for your assistance. 1 PORT OF THE ISLAHDS 10300 NV 11TH MA~OR CORAL SPRINGS FL ]3071 Naples Daily Hews Naples, FL 34102 Affidavit of PubLicllt{on REFERENCE: 010948 57809821 Notice Of Meeting Po State of Florida County of Collier Before the undersigned authority, perscnaLly appeared B. Lamb, ~ho on oath says that she serve~ Daily News, a daily newspaper published at in Collier County, Florida: that the attached copy of Advertising bas published in said n~wspaper 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, t~ 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 patd nor promised any person, firm or ¢oporatton any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/14 AD SPACE: ~.C(X] INCH FILED ON: 01/14/~ .............................. Sionature of Affiant S~rn to a~d Subscribed before Personally known by me ~ ~ ~ ' 0120 mTCEbF MELqlNG Community Improve- . merit Ol~lct The ~d ~ ~S of ~e P~ of ~e I~ lends Community. Imorovement will ~ ~elr r~l~ meefl~ ~ a:~ P-~-, 1~ In ~e RV flon ~1, 12425 Un~ c~ed in Occ~dorce ~ve I~J~ mere ~ ~ ~ ~V i~er. este~ aer~ con ~e me~i~ ~ ~ ~ ~ ~ tuffy ,n- f~ ~f ~e t~l~ ~e e~er m ~ ~ Dy tele~no~e c~ c~ Any ~r~ re~lring ~ ~ mee~ ~e Im~m~ ~ld c~- ~ ~e Olsffl~ Office 9S4) 7S~380 ~ I~ t o t ~ · E~h per~fl ~ de- clde~ ~ ~ol any d~- $i~ m~ bv.t~e ~d w~ ~ ~ ~Y ~' ~er conjured ~ of ~e ~e~l~ ~ a v~m r~B of ~e ~e~i~ is a~ evlae~e ~ w~ic~ o 6 6 6 6 0 0 0 0 o o o o o o o oO o C Z 6 Port of the Islands February 10, 1999 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held November 19, 1998 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/jmr [~EC 10300 N.W. 11th Manor · Coral Springs, Florida 33071 · (954) 753-0380 · Fax: (954,1 755-6701 ~ OF MEETING PORT OF TIlE ISLANDS C OMI%IIJNITY INIPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, November 19, 1998 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Richard Gatti Bernard E. Wolsky Millie K. Strohm Richard Burgeson Brennan Gillespie Chairman Vice-Chairman Supervisor Supervisor Supervisor Also present were: John PetW Darrin Mossing Bruce Anderson Tim Stevenson Marlcne (Sams) Marcham Several Residents District Staff District Staff Attorney RV Park Owner FnRST ORDER OF BUSLNESS Mr. Gatti called the meeti roll and stated that all Supervisol Mr. Gatti stated it is great we have a regular agenda that we will go through the agenda. SECOND ORDER OF BUSh'NF_~qS A. Oath of Office Roll Call order at 4:00 P.M. and Mr. Petty called the present at roll call. ~ee a lot of new faces here. Just on the on set that has been distributed. Based on that, Organizational Matters 'Elected Supervisors Mr. Petty asked could the new Supervisors please stand and Mr. Mossing will administer the Oath of Office as a Notary of the State. Mr. Mossing, being a notary of the State of Florida administered the Oath of Office to Mr. Gatti, Mr. Wolsky and Mr. Gillespie, a signed copy of which will be made a part of the official record. Mr. Petty stated we have some papers for you to sign and a few other odd and ends and we will get together with you after the meeting for some additional items. At this time, we normally walk you through some of the responsibilities of the office that you just got yourselves into. The biggest concern that you may have November 19, 1998 16G Port of the Isla~'ds C.D.D. in this office is what is referred to as the Sunshine Law. The Sunslnne Law basically tells you how you can conduct your business. I am going to try and boil down a book that is about 1 1/2 inches thick intO'One simple paragraph and that is for all matters concerning this Board or possibly concerning this BOard, you should not under any circumstances discuss that item with any fellow Board member. You are free to talk to Staff, the Manager, the Attorney or anybody therein, but for any discussion coming before this Board it should not be discussed amongst >'ourself. That in a very small nutshell is what the Sunshine I,aw is all about. The book is 1 1/2 inches thick so there is a lot more to it, but basically it tells you how you cannot talk to your fellow Supervisors. In Flor/da, everything is open and all matters are to be discussed in public so that the residents bare a chance to observe as you are getting that information. Mr. Gillespie, you also have a fi~rm to fill out and to turn into the Supervisor of Elections. This form is self. explanatory. If you get into trouble, kdve the Supervisor of Elections a call and she will help Superv~so~ s out and here is a small booklet on the Sunshine Law. If anyoftbe ' ' ' have any questions, please call our office and we will be glad to help you with any research or information you may need. B. Consideration of Resolution 09-1 Canvassing and Certifying the' Results of the I.,,mdowners Election Mr. Petty stated Resolution 99-1, A Resolution Canvassing and Certifying the Results of the Landowners Election of Supervisors held pursuant to Section 190.006(2), Florida Statutes. What you are doing is verifying the results of the election that we held the first Tuesday of November. On MOTION ~ed~by Ms.. Strohm, with all i~~nv,.,a, ss.i.ng and[[ Certifying ~'ners Election wasll adopted. 1 C. Elt~2tion of Officers F,~F~q]~. Wolsky ~~nd :~ls. IIStrohm secon~ being no furtherll nominations, Mr. Gatti was elected Chairman. *Ir. Petty stated in your package we talked about some of the other offices and let me briefly go over some of their duties. The Treasurer and Secretary have been Ms. Rhonda Archer as the Treasurer and Mr. Gary Moyer as the Secretary November 19, 1998 Port of the Islands"C.D.D. so that they could handle the day-to-day business and pay bills as they came into the office. We would recommend to the Board that they continue that practice so they can continue handling those duties. In the past we had ask that those Supervisors that were not the Chairman or the Vice-Chairxnan be appointed as Assistant Secretaries so that we could use them as signators on documents if the Secretary, Mr. Moyer was not available. That is what we would recommend to you. There is also the position of Vice-Chairman. /.Xlr. Burgeson nominated Mr. Wolsky as Vice-Chai~,,fn] and Ms. Strohm seconded the nomination, there being[I no further nominations, Mr. Wolsky was elected Vice-[[ Chairman. Mr. Gillespie nominate Mr. Moyer as Secretary, Ms. Archer as Treasurer, Mr. Burgeson, Ms. Strohm and Mr. Gillespie as Assistant Secretaries and Mr. Wolsky seconde'd the nomination, there being no further nominations, Mr. Moyer was elected Secretary, Ms. Archer was elected Treasurer, Mr. Burgeson, Ms. Strohm and Mr. Gillespie were elected Assistant Secretaries. ryHHID ORDER OF BUSEN'ESS Approval of the 5Iinutes of the October 15, 1998 l~Ieeting Mr. Gatti stated that each Board member had received a copy of the minutes of October 15, 1998 meeting and requested any additions, corrections or deletions. Ms. Strohm stated I have a correction on page 10 in paragraphs' four and 10. I want to clarify this is Mr. Berger. Was it you that spoke about the channel markers? Mr. Berger responded yes. Ms. Strohm stated Mr. Simmons was not present at the meeting. On MOTION by M~onded by Mr. Wolsky] with all in favor th~ of the October 15, 1998[[ · Meeting were ap_proved, as amended FOURTH ORDER OF BUSL-Ng..%~ Staff Reports A. Attorney There not being any, the next item followed. 3 November 19, 1998 Port of the Islands ~.D.D. 1 There not being any, the next item followed.;~ C. Manager Mr. Petty stated I have nothing to report today. Mr. Gatti asked before we leave the Manager's Report, could we have a very brief overview of the Standby Fees and the impact on the taxes? Tell us essentially what the Standby Fees should be which then would tell us how much our annual increase would be approximately and everything has to be in round numbers. Does that make sense? Mr..Mossing responded the single family Standby Fee charge that was normally on your monthly water bill was S18.82 per month. Mr. Gatti asked does that count the single family homes that have irrigation as a separate item? Mr. Mossing responded Area 1 is slightly higher at approximately $22 a month and the multi-family residence is .8 of the $18 so that was slightly less. Mr. Gatti asked does everybody understand the issue that is being discussed. Let me give it a quick overview or Mr.. Petty, you might do a better job than I would. Mr. Petty responded a couple of months back we had considered a different way of paying for our water and sewer charges on those fixed costs that occur every month (month-in, month-out) without concern over how much water you use. These are administrative costs, overhead costs, things that did not matter how much water you pulled out of the valve. It was decided that these charges or costs to the District would not go out on the monthly water bill any more, but instead would go out as part of your tax bill. It would be an attachment to your assessment. The same monthly fee that you were pa2,Sng anyway was multiplied by 12 and put on your tax bill to pay offa >,ear's worth of charges. That is basically what you are seeing and Mr. Mossing can explain how it was multiplied out and any slight variances there are due to the form of collections through the Property Appraiser and Tax Collector's office. Ms. Marchand asked what we have is 8197 Mr. Petty responded $18.82 times the number of single family homes that you may represent. Ms. Marchand asked what does it cover? Mr. Mossing responded it covers October 1, 1998 to September 30, 1999. That is the 12 month period that it covers. 4 November 19,1998 Port of the Island~ C.D.D. Ms. Marchand stated it really does not coincide with the taxes. A resident asked has there been an increase in this fee? In the past my monthly bill had been $13.61 combined. Has their been an increase in this monthly fee? Mr. Petty responded no. Where do you live? A resident responded Steila Maris. Mr. Petty stated you pay for your irrigation from your H.O.A. because you have a master irrigation meter. That is why you are slightly different. We are taking the average single family home. Stella Marls is a little different. You paid the District 813.61 and then you paid the H.O.A. the other $5. Ms. Marchand asked how is that handled? Is the H.O.A. giving a bill? Mr. Mossing responded we put the irrigation on the individual tax bills so the H.O.A. is not getting a tax bill for the irrigation portion of ali the units. We took it off the master meter. Now they have this $13.61 plus their share of the monthlyirrigati,n that was normallyon the master H.O.A. hill. Thereslmuld he a decrease in the master H.O.A. monthly water bill and the increase will be passed through each individual property owner. .Xlr. Gatti stated again, I see a lot of new faces and not to be repetitive, but the reason that we did this is that some of the larger properties which are iu somewhat of a state of limbo in terms of development are not paying their standby fees and based on legal advice and advice from our Staff, getting them to pay that fee is very difficult. So by going through the taxes we have a much better opportunity of collecting those fees. The impact to each one of us individually is that this is our water plant and it is our sewer plant and we have to pay for the operation of it one way or another. If we do not get, everybody to pay their fair share then somewhere along the line, it falls back on us. The Board saw this a much better way to collect the fees. What was outstanding? Was it close to $100,0007 Mr. Mossing responded over $i00,000. Mr. Gatti stated on Standby Fees that. have not been paid. We have built that into our operation and maintenance budget and we have some flexibility there, but not a lot. Somewhere along the lines, that has to be made up and trying to foreclose on these properties and everything that goes along with that becomes horrendous, so we did it this way. Mr. Wolsky stated in next ,June, for those people who have not paid that portion of their tax bill or their tax bill in general, they sell Certificates. People 5 November 19, 1998 Port of the Islands Ig.D.D. will lend the money to the people who are in arrears and we will collect that next June. A resident asked do you think you will get $200,000? Mr. Wolsky responded not for the whole amount. There are some of these that go back years. There are some properties that are in real trouble. Mr. Petty stated as we have these discussions, ! would like to bring to mind that whomever is speaking from the floor to be recognized so we can have your name on tape. Mr. Strohm stated I had called you on a question on the ERC's. Correct me if I am wrong. All the ERC's are charged exactly the same regardless of where it is or nc) matter who pays it. Mr. Mossing stated it is based upon an ERC's value so a multi-fi~mily resident pays .8 of an ERC. Mr. Strohm stated when I say one point that is a single-family home is $18. I am looking for a pro.ration on the hotel. If we take her number of ERC's and times it by that amount and it will tell us what the monthly fee is. Mr. Mossing stated the hotel has approximately 100.55 ERCs. So you take the 818.82 time 100.55 per month was assessed to ~e hotel property. Mr. Gatti stated I hope that suggests something Mr. Strohm. *Ir. Smith asked as what point can you COllect those back taxes for those who are delinquent'? Is there a point where they have to pay up or is that just forever? Mr. Mossing responded there are tax certificates that have been sold. But as part of the taxes that relate to the District, we have collected all of our taxes. We will not get the back Standby Fees until they sell the property, but because of the change in collection methodology should all the tax certificates be sold in June, we will collect 100% of our assessments for this year. Mr. Gatti stated another way to answer your question would be, if the property ever gets developed, they have to make us whole before they can do it. Mr. Smith stated I assume this is mainly on vacant lots and land that has not been developed. Mr. Gatti stated let's take a classic case in one of the bigger numbers is as you leave here the property in front of the hotel between the hotel and U.S. 41. That was considerable in arrears and that is one of our bigger parcels. Mr. Smith asked are their penalties that accrue to those taxes? 6 November 19, 1998 Port of the Islands C.D.D. Mr. Petty responded the tax certificates we will get additional monies if it sold. For the lien that is on thc property for Standby Fees, there are not. Mr. Anderson stated unless we get a judgement order. Mr. Petty stated we do have an agreement on the large piece out front where interest is bearing on that account. A resident asked is the hotel up-to-date on their taxes? Mr. Petty responded they are not yet due. Mr. Mitchell asked in the past years, are they up-to-date? Mr. Petty responded to our knowledge, yes. Mr. Gatti stated the advantage that we have on properties that ,'ire constructed such as thc hotel is if they do not pay their bills, we turn thc water off. We have always had that leverage with the hotel. Now that it is shut-down it is ~ little different situation. I know there are still a lot of questions out there relating to this, but I just wanted this to be discussed briefly. You can look at your tax bill and thc S15.82 and those of you that have condominiums it is .8 of the $18.82. Ms. Marchand your is a little bit different than that because of thc rating on the individual units, but that gives you an idea of' what your taxes should increase and coincidentally your water fcc should go down by that amount. In our case, our typical water bill is about S40 a month and Ms, Gatti was just telling me as we were driving over here we paid about $10 this month. I just wanted you to get a sense of what that was about. A resident asked what is the administrative fee that the County charges us to take care of those taxes? Mr. Mossing responded it is 6% of which 4% is marked-up for thc discount for the people who pay early and 2% is netted to the Tax Collector. Mr. Gatti stated this goes to another point that I think everybody should understand. If you notices, as we went through the Election of Officers and the procedures that we went through it seems rather formal and the reason for that is that we are totally tinder thc jurisdiction of State Statutes. Everything we do within the Board is part of the State Statutes and it has to do with everything that we do. Ms. Marchand stated the tax bill is actually for 1998 taxes. Mr. Petty stated the terminology is Fiscal Year 1999, but it includes October, 1998 through September ~0, 1999. 1 November 19, 1998 16G Port of the Islands C.D.D. Mr. Strohm stated you are referring to the taxes. The taxes you pay in arrears. You are not paying for your 1998 taxes which you have from November to April to pay. We put our water assessment in with that which goes forward. Ms. Marchand stated the water bills we are getting the minimums are gone. A resident stated I received my water bill today and the minimums are gone. It used to be around $13 and now it is $3.40. I pay less than you do. FIFI'tI ORDER OF BUSLN~ Supervisor's Requests and Audience Comments Mr. Gatti stated let's go through the Supervisor's first. Mr. Wolsky asked Mr. Berger, do you have anything to add about the fire charges that we received on our tax bills for this year? .X. Ir. Berger responded I attended the Budget hearing in March w~th the County Commissions and we are charged the most by law of anyone in the State. We are in the Ochopee Fire District and God bless them, but they have threatened to secede from the County and you can imal,dne how the County fl.,els when they heard this statement and they got mad. It turns out that the42ounty gave them money to fill their budget. What they did is kick up our fire contribution to the extent that you see right now. It is probably a couple of hundred dollars per home. Even at the last meeting thc Renegades still which to secede. Commander Wilson is trying to get through that mess and get us back to normal, but it is going to take some time. Ali the Fire Supervisors are appointed and when their terms expire the people that will play ball will stay on and the ones that do not play ball will change and we will have a representative on the Board at the next change. Mr. Gatti asked could you give us a quick over view of what happened last night? Mr. Berger responded part of the plan for fire protection in the County is to provide less than 15 minutes of response time to all the communities. We are at 15 minutes right now under the most ideal conditions. If we have a problem and there is crisis situation, they may not get here on time. We found out about this shortly after we moved here and we have been trying to work things out. What is going to happen as our community grows? Are we going to get something close to here? How are we going to fix the response time? We are paying a lot of money than the standard to have less than standard response time. They are still getting their money, but we still have sub-standard response time. Now they have a new truck. The other truck they had may come here, but the County says that every 1 8 November 19, 1998 Port of the Islands C.D.D. paid professional fire department has a volunteer support system. People to get oxygen, ice, drinks, help out, crowd control. We do not have that. Some volunteers would help the fire fighters in action. Some would help with the non- technical support. Last night we had a ~meetlng~ Twenty-one.....% people showed up to hear about the volunteer program because we may have a truck here February I if we get the volunteers certified and this is the program we heard about last night. Thirteen people signed up for certification. We start our training and it is still open to other people. December 5th we start out first meeting. We hope to have a volunteer core in place at thc beginning of January. With that fact, the County will move ahead on equipment and building and we hope in a year or two we will have six paid professionals on site with a building, EMS and Fire. Ms. Wolskv stated we did not know anything about thc meeting. One thing I would like to say is that you had it on thc Port Cable TV. .Mr. Berger stated it was just word of mouth. .Ms. Wolsky asked how will pc, oplc know if you have these meetings unless you notify them? ).Ir. Gatti responded this is a quick impromptu put together thing. It started out that we need three or four volunteers to actually fight fires. At our age, how much fire are we going to fight. Be that as it may, there is a political program here that has to be followed and we have to invest some time and there is a number of us and anybody is welcomed to be Part of this, both male and female. There were a number of svomen here last night. They want to train what I will call half a dozen hard core firefighters. People that can actually grab a hose and we are going to have to do a 40 hour course before we can start that. Back to your point, we will notify everybody and we v, ill do it through the newsletter. Mr. Berger stated we v'ill put an announcement on the cable channel. Ms. \Volsky stated that is what I am saying, we do not get the Port of the Island Cable. We have a DSS disc. Mr. Berger asked do you get the Port New? Ms. Wolsky responded yes. Mr. Berger stated it x~511 be in that too. Mr. Gatti stated we will get everybody notified. That is a good point. Do you have any other points that you want to make? Mr. Strohm stated I wanted to comment about the tax base. I did some research on that and the Ochopee Fire District has $123 million of assessable property. Of that amount our POI totals about $200 million. If you multiply the 9 November 19, 1998 Port of the Islands C.D.D. four mills which is 00.004 times that assessment you come up with POI spending $80,000 approximately to Ochopee Fire. What Mr. Berger's comment is that we are spending $80,000 down there and we do not even have a fire truck so we want to try and remedy that in some way and get our own fire truck and our training people here. What that amounted to in your taxes is last year it was $2.6 millions for Ochopee and this year is it $4 million for Ochopee. If you have $150,000 assessment on your house, you are paying $600 yourself in your taxes to thc Ochopce Fire. It should be impoctant for everybody. Mr. Wolsky stated when I attended the Budget meeting last March, and the women who is supposed to be our representative,~made the point, that if you want her to intervene on your behalf you have to write to her. She has to have something in her hand outlining what your cause is. She cannot [)ring something up unless she has representation froTM her constituency. What we are hoping to do is identify what the issues are and then get someone to write her. The thing that came across to me in the four hours that I attended was that anybody who wanted anything done with that Board, the County Commissioners, had to have contacted them before the meeting rather than bringing up a verbal request at the time. Some of us have to go up and attend this and make sure we understand what is going on and represent the Port of the Islands. Mr. Gatti stated she is very accommodating, by the way. I know Barbara very well. She is a very accommodating person, but as Mr. Wolsky says, if she does not know about something, she just cannot fly with it the minute it c(mms off the floor. She has to have some background. A resident stated the Budget for Ochopee Fire this year is $822,600. The taxing unit only gets S466,000 of that so the balance of that money comes from the Federal Government through PILT funds, that is payment in lieu of taxes, because we have the Everglades to worry about so the Federal Government throws money in there and Collier County throws money into that to offset what the negative number is. They have a lot of say-so about it because they are putting a lot of money in. Like he commented, they were a little bit concerned that Ochopee is not really carrying the ball, but we do not have enough property, but someday we might have enough. Mr. Gatti stated it boggles my mind, because even though the statistics on the land in that fire District are tremendous. Mr. Berger stated it is 1,100 square miles. l0 November 19, 1998 16G Port of the Islands C.D.D. Mr. Gatti stated it is 1,100 square miles in that fire District and all of it is Everglades. When you take apart Everglades City and Opa Locks and us, I cannot see where we are 1]6th of the overall total A resident stated on the same subject, I attended the County Board of Commissioners meeting last month in October after I received my tax bill because the single largest increase on the entire tax bill for Collier County was thc Ochopee Fire District increase. As a new resident here I wanted to get some information on it. So I went and specifically asked the Board why they did that and the explanation was somewhat in line ~qth what we have heard here, but basically what the Commissioners told me that they are twing to make every fire district self sufficient and they just took it upon themselves to take those payments in lieu of taxes and take out $250,000 that in the past year they have kdven Ochopee and used it for other areas of Collier County. [ have a real fairness problem with that and I want to get to our Commissi,ner over there and talk about that because you have to look at that on a pro-capita and where thc land located. Mr. Gatti stated we live in a political world and this is no different than any place else in the Country. The only way we can get heard is first for them to recognize how man)' voters we have in this area which is not something we can waive the flag too much about, but th.ey have to know that we are here and they have to know what our problem is. I would suggest that maybe two or three of you that are critically interested in this area be a group that can go and get some information amongst yourselves. Mr. Wolsky stated we thought about setting up sub-committees of the Board at one time to follow-up and do these things, but Mr. Anderson suggested that since there were subject also to the Sunshine Law and they could not meet with other people and it had to be in full openness according to the Sunshine Law that it would be self defeating to do something like that. If you decide that you are going to organize by ),ourself and follow that for the community rather than for the Board, it would be all right. Mr. Petty stated nothing prevents residents from speaking about concerns amongst themselves and bring it to the Supervisors. Mr. Gatti stated then when we have this part of our meeting, you can bring us up-to-date on that. Port of the Islands C.D.D. November 19, 1998 Mr. Petty stated the Sunshine Law is not s.upposed to inhibit anybody from coming up to any of the Supervisors and making complaints or saying whatever concerns they have. Mr. Strohm stated I want to thank Mr. Anderson and Mr. Petty for handling our elections so professionally and efficiently. Mr. Gatti stated we are a new Board, sort-of, and a very brief comment, because of the newness of our area and every time we have a meeting we see a bunch of new faces, it may be a little bit redundant, but I am going to ask Staff to take us through some of this stuff once in a while so that the new people as they come on board will understand what the Board is, what our powers are and what are powers are not. With that, I guess we can pay some bills. SLX'I]I ORDER OF BUSLNESS Approval of Invoices Ms. Strohm asked on the gas cards, who ate the gas cards for? Mr. Petty responded they are for our two field workers and the two trucks that they operate. Ms. Strohm stated I just noticed that this month is S314.98 and last month was $222 approximately. Does that seem like a lot of money for gas per month? Mr. Petty responded if we were in town, I would say yes, it would, but because of the travel distances, we are not. They have to travel int, town frequently. 5Is. Strohm stated I noticed one charge was in Orlando. 5Ir. Petty stated that was for training that Mr. Stephens had to A resident stated before you go on to the bills. I did nt~t realize you closed out the Audience Comments, but I have a single question. Can someone on the Board share ~ith us why there was such a large increase in the maintenance fees for the District over the previous year on the tax bills? Mr. Petty responded I believe to what he is referring to is the Standby Fees being added on. A resident asked is that what it was? Mr. Petty responded yes. A resident stated last year the maintenance fee was S270 and they went up to S427 this year. That would be the Standby Fees being added. That is what [ thought, but I wanted to make sure. Mr. Petty stated for those items other than the Standby Fees it went up 2.5%. 1 12 November 19, 1998 Port of the Islafids C.D.D. A resident stated I called the office when I received my tax bill because the non-ad valorem for the Bond payment was significantly greater than what I had been told when I purchased the property and they explained that there was a maintenance fee on top of that and they were not sure why they had gone up. Mr. Petty stated it is a single line item on the tax bill. Mr. Gatti stated I apologize, I should have asked if there were any additional comments. Does anybody else have any other comments that they would like to make. Mr. Genung stated for the new people, I have some folders from the Deputy Sheriff that gives all the special numbers. I have a few directories with me and if you are a new property awner in Florida you get to sign an exemption and it reduces your taxes by $2,500. It is real important and it is easy to overlook and I have brochures that explains the whole thing to you so if anybody wants those they can pick them up. A resident asked how many units of development does the water system and sewer system have? Mr. Petty responded they differ by a couple because water and sewer in ERC is calculated by flow and demands and the assessment ERC for the drainage and the road is done basically by Aha & Trips They are a little bit ove~ 1,000. A resident stated once we reach 1,000 units .... Mr. Gatti stated that is not quite accurate. ERC stands for Equivalent Residential Unit. If you are in a condominium, you are .8 of an ERC. That would suggest that we could actually have over 1,000 units. A resident stated but there is a limit tn what the system can accommodate at this point in time. I am looking down the road because development is not going to stop and at some point in time we are going to crest the system and we are going to have to ekpand it. Mr. Gatti stated the system is designed to handle ali of the ERC's with some minor alterations to the sewage treatment plant as we get further down the line. The system is designed to handle all of the proposed units. As a point of interest, the property across the way you ~511 notice in either yesterday's paper or the day before that they arc negotiating to sell that back to the State and there are only 35 units there. It does not make that much of a difference. As an example, if that property was to come into the District, they would have to pay a significant cost t° get in because they have to pay for all of the money we have invested already and that sort of thing. 13 November 19, 1998 · 16G Port of the Islands C.D.D. A resident stated that was what my long-term concern is. Mr. Gatti stated we are covered in that respect because if anybody else wants to get on the system if there was some possible way to do it which is highly unlikely because we are surrounded by sensitive lands, we would have control at this Board to let them in or not. Mr. Wolsky stated when Mr. Hardy was contemplating subdividing into five acre lots. He approached the Board with a conceptual approval. If we do that, would the Board be willing to consider supplying water to his lots. He would put in septic fields and so forth, so it would be no problem as far as our sewer system and it would just be gravy for us because we would be selling water which is thc commodity that we have and an excess o£ at th~ present time. So we said, "Yes, we would agree to that." A resident stated I just happened to have lived in a con~munity that decided on its own rather than buying their water and sewer, they built their own and a $30 million project went to $150 million and instead of paying a S30 water bill we were paying $200 a month water bill and things of that nature and rather than having a new development and new people pay for thc upgrades and the additional things that were nccded thc whole community was paying fi~r it and I do not ever want to sec that happen here. 5{r. Bergcr stated just an update on another issue that I volunteered for, the channel marker replacement. I have been playing phone tag with the 10,000 Island National Park. I have left messages and they have left messages for me. There is some issues that we have to work out and maybe he can help us with our channeI markers. On MOTION by Mr. Burgeson seconded by Ms. Strohm with all in favor Invoices for the General Fund dated October 1998 in the amount of $6,241,52 and dated November 1998 in the amount of $23,246.63 and Invoices for the Water & Sewer Fund dated October 1998 in the amount of S6,395.25 and dated November 1998 in the amount of S16,282.35werea roved. 14 November 19, 1998 ~'~i' Port of the Islands C.D.D. 1 Assistant Secretary Richard Gattt Chairman 15 AGENDA PORT OF THE ISLANDS COM~UJNITY IMPRO~~ DISTRICT Thursday November 19, 1998 4:00 P.M. RV Recreation Hall 12425 Union Road Naples, Florida 1. Roll Call Organizational matters A. B. Oath of Office for Newly Elected Supervisors Consideration of Resolution 99L~anvassing and Certifying the Results of the Landowners E]ect{~h C. Election of Officers 3. Approval of the Minutes of the October 15, 1998 Meeting 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment NOTE TO AI~ MEE1XNG ATTENDEF~ '-' Please identify yourseffeach time you speak to facilitate tmnscrilRion of meet/rig minutes. Thank you for your assistance. 1 #apLes Da~Ly Ne~a PORT OF THE ISLANDS 10~00 Ng 11TH C0P,~L SPRINGS FL ~3071 REFERENCE: 01C~.8 57777718 Notice Of Meeting Po State of FLorida County of Collier Before the u~dersi~ned authority, pe~sonally appeared Angela Bryant, ~ho on oath says that she serves as Assistant Secretary of the NaoleJ Daily Ne~s, a daily neuspaDer published at Naples, in Collier County, Florida: t~at the attached copy of advertisin§ ~as published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously p~bLished in said Collier County, FLorida, each day and has been entered as second class mail matter at the p~st office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of ~dvertiseaent; and affiant further says that she has neither p~id ncr promised any person, firm or ¢oporatton any discc~qt, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSHED ON: 11/12 AD SPACE: 61.0(~ INCH FZLED CN: 11/12/98 Signal.re of Affiant S.orn ,o and b,cribed be re PersonaLly kr~wn by me ~ Booed (~ Communlf~ I~ Oi~ ~1 ~d ~e~ r~ ~ ~ ~ 4~ P~ T~, ~ I% 1~ In ~e RV R~ ~, 124~ U~ R~ No,les, Plorl4o. The ~11¢ ~ will ~ ¢~ ~e ~ ~ s~n$ ~en ~e ~ ~e b~ ~eleD~e. At ~e ~ve I~t~ ~ere will ~ or~ a ~ tefe- p~e ~ ~ ~Y eared ~ C~ the meefl~ ~ ~,e ~ve f~m~ ~ ~e tmi~ p~e e~er in per- ~v ~ re~tnQ (9S4) 753~3~ ~ I~t five ~ o r~d ~ ~ ~ ~m r~D M ~ ~ ceedln~s I~ mode, IK~i~ ~e ~ ~e ~ ~1~ suc~ ~l is ~ be ~. 1~4407 1 Oath of Office I, Brennan Gillespie, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement 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 Port of the Island Community ~mprovementilastrict, Collier County, Florida. Brennan Oillespie , Date 1 Oath of Office I, Richard Gatti, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of th~' Port of the Island Community Improvement 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 Port of the Island Community Improvement District, Collier County, Florida. 1 Oath of Office I, Bernard E. Wolsky, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement 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 Port of the Island Community Improvement District, Collier County, Florida. Bernard E. Wolsky Date RESOLUTION 99-1 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELEC~ON OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES Whereas, pursuant to Section 190.006(2), Florida Statutes, a landowners' meeting is required to be held on the first Tuesday in November every two years follo~ing the creation or re-establishment of a Community Development District for the purpose of electing three (3) of the five (5) Super~'isors for the District; and WHEREAS, following proper publication of notice thereof, the landowners' meeting was held on November 3, 1998, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor, as likewise set forth below; and, WHEREAS, the Board by mean~ of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE BY TItE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS CO~E',.H.INITY E'~IPROVEi~IENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supemisors of and for the District, having been elected by the votes cast in their favor as shown, to-wit: Richard Gatti Bernard Wolsky Brennen Gillespie 420 votes 407 votes 392 votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Richard Gatti Bernard Wolsky Brennen Gillespie Four Year Term Four Year Term Two Year Term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. Adopted this 19th day of November, 1998. - Secretary Z 1 oO o~ 0 ~o 0 0 ,,.g o 1 1 g : ~: - 0 g 0 ~ o oo o oo o 0 o ~ 16G 1 ,, O, "0 :,-0.9.0 o~Ro -t:~XO O~~' z o 0 o o 0 o o 0 0 0 o o o o o in o ri ( : II III I I I II I IIII II 1 ? ,4 1 o o o o § § o~ 1 Port of the Islands "~'2',~ Jf~'fY tt,lr~' ¢'. ~ ~ .! '~' ,')l,","i~(~T February 2, 1999 Memorandum To: Clerk of the Circuit Court do Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frcy & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale; Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Re£erence: Minutes of Meetings held August 6, 1998 Gary L. Meyer Manager Enclosed for your records Supervisors of Port referenced above. GLM~mr is a copy of the minutes of meeting held by the Board of of the Islands Community Improvement District as RECEIV[:.I) FEB - 8 1999 Fi;'.., ',SE 10300 NW 11th Manor · Coral Springs. Florida 33071 · (954) 753-0380 · Fax (954) 755-6701 MIN[rfF~ OF MEETING POR'r OF THE ISLANDS COMi%IUNITY IMPRO~ DISTRICT 1 The recessed meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, August 6, 1998 was reconvened on Thursday, August 20, 1998 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Tom Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Richard Burgeson Chairman Vice-Chairman Supervisor Supervisor Supervisor Also present were: Darrin Mossing Tim Stephens Ron Benson Bruce Anderson Marlene (Sams) Marchand Several Residents District Staff District Staff Engineer Attorney RV Park Owner ~ ORDER OF BUS~ Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present at roll call. SECOND ORDER OF BUShNESS Public Hearings A. Adoption of the Budgets for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments Mr. Barnard stated the only item which remains on the agenda for today is the continuation of a Public Hearing which began on August 6th regarding the adoption of the Budgets for Fiscal Year 1998/99 and the levy of Non Ad Valorem Assessments and the adoption of a Non ad Valorem Assessment Roll to include a new annual Non ad Valorem Utility Maintenance Assessment better known as standby fees and water and sewer minimums. At this time we will reopen the Public Hearing and item A is the adoption of the Budget. This is the original Budget that we have been looking at for the past two months and we had ample time to review it. As I recall the only major changes were the addition of a road improvement reserve which is in two parts. One is the standard $10,000 a year August 20, 1998 1 find any remaining unused portion of it which will be carried forward. The second portion being the first $5,000 of any additional monies collected from the sale of tax certificates will be used to set up an additional $5,000 a year reserve. Do any members Gf the Board have any questions or comments? Ms. Strohm asked are we voting on that? Mr. Barnard responded we will be voting to adopt the Budget first. Mr. Burgeson stated is that particular point about the $5,000 in addition is that in writing anywhere? Mr. Barnard responded it is in the minutes of the meeting and it is a directive to Staff it does not require a motion. Ms. Strohm stated that is what I meant. We are not voting on that. Y, Ir. Barnard stated when we approve the Budget it is approved with that assumption that there is indeed a S 15,000 a year reserve to build up. Ms. Marchand stated it just rolls over. Mr. Barnard stated it builds us. First of all I would like to welcome all of you. We appreciate you coming. The main purpose of the meeting today is item B, but at this point many of you have been here for the three or four meetings that we have been talking about the Budget, but if there are any questions relating to that, we would be glad to answer them ff we can. A resident asked what was the increase? Mr. Barnard responded the Budget increase amounted to $4 per year per individual owner. A resident stated I was just billed 813. Mr. Barnard stated that is item B. We will get to that in a moment. This is for the General Fund and Water and Sewer Budget which are adopted pursuant to the normal maintenance fees which you are charged annually on your property taxes and that I believe went from S232 per 3'ear to .~~.q4 per 3'ear. It was a $2 increase A resident asked if it goes and it is collected as a tax, will that appear an3~vhere on our tax bill that we get? *Ir. Barnard responded yes. It is a part of a non ad valorem assessment which you get every year. It has two parts now. It will have three this year assuming we pass item B. That figure comes as one number at tho bottom of your property tax bill and it says non ad valorem assessment, it has two components. A resident asked where exactly doe~ it say? 2 August 20, 1998 16G Mr. Barnard responded is that the proposed bill? The proposed bill does not show it. If that is your actual tax bill, it says Benefidal Unit District 1. Ms. Wolsky stated let me see. Mr. Barnard stated it is that number right there. Ms. \Volsky stated it is down here. Sir. Barnard stated that is not right. Ms. \Volsky stated this should not be because we paid ours off, but what was $701. I do not 'know. Mr. Gatti asked is the Bond in there. Ms. Wolsky stated one was the Bond. I think the $710 is the Bond. Sir. Barnard stated you said you just paid yours off. Ms. X, Volsky stated we just paid it off. This was last years. Mr. Barnard stated the S710 would be the principle and interest. The other number should be $232 which would have been the annual maintenance assessment. In the ones that I have seen before it is not broken out it is a single number. I do not know what unit 1 is. I have no idea and the $710 does not look like it is enough to be honest with you. Yours should be on your lot. Yes, it is too, yours was 50~,i paid down at closing. That is right. That w,)uld be approximately $470 in principle and interest on the Bonds and $232 in maintenance would make up that S710 that you see there. X, Vhat that other unit 1 is I have no clue. It would be worth a question to the tax collector. A resident stated I received my notice of proposed taxes. I have not seen a tax bill this year, but there is something called MST Unit. Does that have anything to do with this? Mr. Barnard responded there are many things that go into a Municipal Services Taxing Unit, but that does not include this. The reason that you do not see your non ad valorem assessment on there is because until we have this meeting this afternoon and determine what it is going to bb we cannot notify the tax collector because they will not know what to put on there so they do not put anything on there. It does appear in a one item and it will have either two or three components. Your principle and interest on the Bond issue, your maintenance for the year and assuming pass item B. the standby fees for one year which would add approximately $204 to each individual unit. .Mr..Mossing stated depending on whether you are multi-family or a single family. Mr. Barnard stated I am just talking about a single family home. 1 August 20, 1998 Mr. Mossing stated $240. Mr. Barnard stated you will see one number under the Beneficial Unit or something like that. Ms. Newgant asked if you elect to pay your annual tax in November, I am assuming that discount does not apply? Mr. Barnard responded yes it does. It applies to whatever the bottom line of your taxes are. Your 4% discount applies. Ms. Newgant asked could you define assessment? When you say assessment, I am thinking an assessment that is over and above the projected figure. Mr. Barnard responded except for the lot owners in Phase I, when they acquire property they acquire it subject to Port of the Island C.I.D. assessment, every property has an assessment that was placed on each property in 1990 when the Bonds were sold to build the main water and sewer plant, build some of the infrastructure and so on. Each property that benefits from that construction and improvement gets to help pay for it over a 20 year period of which there are now 12 years remaining. It does not stay forever, but it goes for the next 12 years. It is collected on your taxes. Mr. Mossing stated I have a couple of Resolutions the Board will need to approve to adopt that Budget. The first Resolution is Resolution 98-6 "Being the Annual Appropriation Resolution of the Port of the Island C.I.D. relating to the Annual Appropriations and adopting the Budget for Fiscal Year beginning October 1, 1998 and ending September 30, 1998." On MOTION by Mr. Gatti seconded by Mr. Burgeson with all in favor Resolution 98-6, Being the Annual Appropriation Resolution of the Port of the Island C.I.D. relating to the Annual Appropriations and adopting the Budget for Fiscal Year beginning October 1, 1998 and endin Se tember 30, 1998 was ado ted. Mr. Mossing stated the second Resolution we have in there is related to the Resolution 98-7 which is a Resolution adopting the Final Water and Sewer Budget for the Port of the Islands C.I.D. for Fiscal Year 1998/99. Mr. Barnard stated again this is the second part of the first item. 4 IIIII I I II II I August 20, 1998 li on MOTION by Mr. Oatti seconded by Ms. Strohm with~ lall in favor Resolution 98-7, Resolution adopting the[[ I Final Water and Sewer Budget for the Port of the Islandsll lC.I.D, for Fiscal Year 1998/99 was adopted. . Il Mr. Mossing stated there is one final Resolution which is Resolution 98-8 which is levying a non ad valorem assessment for the water management and roadway costs with in the Port of the Islands C.I.D. for the period October 1, 1998 through September 30, 1999 and that relates to the assessment that is in the Budget only for the General Fund and the Debt Sera'ice. What will be added to this Resolution should the Board approve the additional assessments? .Mr. Anderson stated procedurally we should not ad,pt it until after the Public Hearing on the utility maintenance assessment because the title will be changed to reflect the utility maintenance. .XIr..Xlossing stated that is fine. Resolutions 98-6 and 98-7 are sufficient item A on the agenda. B. Adoption of Non ad Valorem Assessment Roll to Include a New Annual Non Ad Valorem Utility Mo~ntenance Assessment Mr. Barnard stated we will move now to item B. We have two Resolutions adopted. We have a third one which is on hold until we finish with item B and then we can simply adopt it with the amended language. Is that right Mr. Anderson? Mr. Anderson responded correct.' Mr. Gatti stated I see a lot of new faces and I want to make sure we are all on thc same page. By adopting Resolution 98-8 what we are doing is increasing thc non ad valorem tax by the amount of our standby fees and we are deducting the standby fees from our water bills. From a Homeowners standpoint it is a wash. The effect that it has on the entire community is that is makes it a lot easier for us to collect standby fees that are now not being paid by some large property owners. Mr. Barnard stated that is a good summation. It is brought on more by necessity that by any thing else. It also is going to be coincidentally a more convenient way for the District to collect its money, but more important than that it is a guaranteed way to collect the money. Since this is a Public Hearing, would any of the public like to comment. 1 August 20, 1998 ', Ms. Marchand stated the letter that we received indicated the amount of $18.82 a month as the minimum charge. Does that include irrigation? Mr. Mossing responded yes. That is the total. Ms..Marchand asked so if you are a condominium owner and you have been paying your irrigation through the Condominium Association, does this mean now that it will not be done that way? How are you going to handle the Condominiums? Mr. Mossing responded I have not proposed to thc assessed to thc individual unit owners now. The association will still receive a water bill for the consumption, but the minimum charge on that meter which was calculated based upon the number of units, .8 onthe irrigation minimum, would be then assigned to the individual Landowner. You would see the minimums coming off the Master H.O.A. and will now be on the individual unit owners. Ms, Marchand stated so whether you own a house or a condominium, thc amount ~qll be same for everyone and then we need to discuss that with our Condominium Associations because we have been paying for things like that in our fees. Mr. Barnard stated they will have a corresponding reduction in the amount that they need to pay. Ms. Marchand stated because their bill will not have 16 or 20 times their minimums. Mr. Barnard stated that is correct. Mr. Mossing stated I also want to declare that this goes into effect for your October water and sewer bill which will be mailed out in the middle of November. You will continue to be billed for July, August and September as you normally have, but the adjustments will be reflected on your October bill and this assessment, if it is approved, will be reflected on your November 1, 1998 tax bill. *Is. Marchand stated payment in advance. Mr. Mossing stated that November 1, 1998 tax bill covers from October 1, 1998 through September 30, 1999. Mr. Burgeson stated by paying that amount early, you get a 4% reduction and that w,II cover your minimum usage responsibilities as an individual owner until the end of the Fiscal Year. Mr. Hayworth asked on the water bill, are we being charged for the irrigation water? August 20, 1998 Mr. Barnard responded charged for irrigation. believe your Master Association was being Mr. Hayworth stated I talked to Mr. Mossing and asked what the charges were on my water bill and you said that was for the irrigation water. That minimum water and sewer I have on the water bill. Is that for the water that waters my lawn and you said it was. Mr. Mossing asked do you live in a multi-family unit? Mr. Hayworth responded Stella Maris. I talked to you on the phone and I asked about the water that does my lawn. 5Ir. Bernard asked ;;'hen you look at your water bill, does it have minimum water, minimum sewer and minimum irrigation or does it only have minimum water and minimum sewer? Mr. Ha>~vorth responded water and sewer. Mr. Bernard stated your minimum irrigation is billed to your Master Association because that is part of your maintenance fees. The answer to your question, whether or not you received a confused answer the first time, is that your bill rellects the minimum water and the minimum sewer and not the minimum irrigation because that goes to the Stella Maris Master Association which pays for the irrigation and the maintenance of the lawn and so on. Mr. Hayworth asked what is the minimum water? Mr. Barnard responded that is the conversion ofyour standby fee to a billing amount on >'our monthly bill. People that have meters have what is called a minimum. People that do not have meters have what is called a standby fee. They are one in the same. Two different names but there are the same charge. To go over again, the standby fees or minimum charges are based on the cost of operating the water, sewer and irrigation system assuming that there were no customers to hook up to the plant. What would it cost to have it sitting there ready for you to use ;;'hen you decide to build if there was nobody living here. Those fees are divided among all 1,032 ERC's who will or are benefiting from the water, sewer and irrigation system and benefiting from the improvement District. When you get a water meter installed, it is the same amount ($5 something on the water and $8 something on the sewer) as if it were a standby fee for somebody that does not have anything thing, but when it goes on your water bill it is simply called a minimum. It does not mean anything'different. It is still a computation of the same thing which is the cost of operating the system. If we charge only the people that are here and using the water and sewer for the cost of operating the water 1 7 August 20, 1998 166 ~nd sewer system, your bills would be $]:fi0 a month in round numbers. By being able to spread it over 1032 people, if you will, when there is only 150 maybe that live here. Mr. Gatti stated in today's notice we have 120 registered voters. Mr. Bernard stated maybe there are 200, but if we were to only charge the 200 people that live here for the full cost of operating the water and sewer system again your bills will be triple at least if not four times what they are. By applying the standard of the fixed costs of the plant being there ready for operation and ready for people to use when they build and charging those to everyone across the board and then charging consumption on top of that to the people who do actually consume and use the water and sewer and irrigation. That is how we arrive at a fair price. If I may ask what is your t~tal water bill? $30, $25. The bills here for users are extremely modest and if were not to have the standby fee and the minimum charges in place, your bills would be more like what they are in the City of Naples and Marco Island. Mr. Hayworth asked about the water that is provided on the docks, is that all hooked into our irrigation or is that separate? Mr. Barnard responded first of all it is potable water and it has its own meter. On MOTION by Nfs. Strohm seconded by Mr. Gatti with all in favor the Public Hearin was closed. THIRD ORDER OF BUSLN'ESS Staffl~rts A o Attorney There not being any, the next item followed. B. Engineer Mr. Benson stated I just have the mapping of tile Port of the Islands Community showing the different assessment areas identified in three different forms. :ks I indicated to you before, we have kept those up over the years for the District. They are on computer form. If there is a slightly different manner in which the District would like a map to appear, that is a service I would be happy to do. 1 8 August 20, 1998 Mr. Barnard stated this is simply a numbering system for each of the parcels that are assigned water and sewer rights. Some are developed. Some arc undeveloped. It is a way of just locating them. There is a corresponding list which you received a copy of with the letter about this Public Hearing which when I saw it I realized we needed to do some updating. It did not correspond to the ownership and the various parcels and it was a little confusing. It is still a work- in-progress but we at least have a map now with the right numbers. Mr. Bcnson stated it is very easy to up-date. Mr. Barnard stated the District is going to be providing us with an updated list that corresponds to this map and very soon you will be amc to come in and get a picture of Port of the Islands with all the areas highlighted and outlined and get a good idea of what is where. Mr. Benson stated we can make copies of that in any size. What ever way you would like. Mr. Gatti asked on a different subject, we were having operational problems about one year ago in terms of enough food/nutrients at our plant, are we okay now? Mr. Benson stated that is an ongoing issue. It is something that your utility staff has under control and we have to supplement periodically. C. ~ 'Ianager - Report on Number of Registered Voters. 120 Mr. Mossing stated we have received a report on the number of registered voters. We are currently at 120. The importance of the number of registered voters is the triggering of the election of the Board of Supervisors. We need to reach 250. Once you reach the 250 registered voters then the election of the Board goes from a one acre/one vote to a general election format which is typically the way Commissioners are elected. Mr. Barnard stated with any luck at all that will be next year. *Ir. Mossing stated I just want to add one more thing related to the utility. ,Just for the Board information, since the hotel has closed that has been a dramatic impact in the flows of the utility plant. We are continuing to review our operating Budget because obviously that is going to impact our revenues coming into the District. We are going to wait and see what the offsetting reduction in cost is in terms of the reduction in chemicals and utilities, but we may be coming back to look at that. Mr. Gatti stated going to this gentleman's point, the hotel even though they are closed will have to continue to pay that minimum charge on about 100 ERU's. 1 9 't~hey will pay 100 times what you pay even though the are closed and that is the reason for it. Mr. Creast stated just for clarification. So that suggests that in addition to what has been identified as a fixed cost earlier in terms of these standby by fees apparently some of the usage is fixed as well it is not totally variable. Mr. Barnard stated I am sure that is an inexact science. We attempted when we set up this originally. Going back over the history of the property and I will do it very quickly. This was a benevolent dictatorship. The property was basically owned by one individual out of Newport Beach, California. We operated our water and sewer system on the basis that we charge the number of people that were here and at the end of the month we totaled up the bills, picked up the phone and call Mr. Ray in California and said send us $20,000. Mr. Ray would send us $20,000 and that is how we operated. With Mr. Ray's passing away, it became clearly evident that the property was not going to stay under one ownership, but it was going to be broken up. We quickly saw that is was not going to work. There was nobody there to send $20,000 a month to keep us afloat. That is when we went into this standby fee and not just assessing the people that are living here, but you are right we have always had the flows from the Hotel being a major component of our revenues. The question is how much did we reduce our fixed cost. We still have two employees. The type of plant that we have dictates that we have two employees whether we have 10 people living here or 1,000. That particular type of plant requires operators on duty. Whether or not we have a perfect mix of standby by fees covering the fixed costs and incremental usage fee covering the operational costs, we really will not know for a couple or three months when we see what the revenues are and see what the reductiorm in cost are. However, we can look right away and see we still need two trucks. We still need two guys. We still need chlorine. Mr. Creast asked should you find that the mix is not what it should be, would the Board then consider increasing the fixed portion or the standby fees rather than just having subsidy for all the people just paying standby fees for the fix costs coming from users of the water? Mr. Barnard responded it would have to wait until next year because they have all been collected. What we may be looking at and again this is going to depend on what Mr. Mossing tells us after two or three months of looking at this, if we are looking at operational shortfalls and being able to put chlorine in the water, we may have to come back with another Public Hearing and this could be August 20, 1998 16G 1 ~omething that would be looked at in the meantime when they would come back to us with a rate recommendation which would include realigning the fixed costs and re-looking at those and the incremental costs. That is certainly would be a part of that rate hearing and let us hope we do not have to have it. Maybe somebody will start operating the hotel quickly and we will be back in business. Mr, Gatti stated we just need to sell more properties. Mr. Barnard stated building is easy. It is the selling. Mr. Gatti stated the point that I wanted to make though is the development is critically important to us because as a development is off-balances the fact that hotel is not operating so that helps us. Mr. ,Jones asked when you passed item B, he was reading an amendment to that and you said no'? You were reading three amendments. Mr. Barnard responded no, it was a Resolution and we simply amended the title of the Resolution to include the language that we were adopting in item B. It only said roadway and water and sewer and we had to add utility as well to that. It was just a matter of chan~ng the title of it before we finalized the signing. Mr. Mossing stated one other item. I should have read this during the Public Hearing. I did receive a letter from Mr. and Mrs. Joseph Dillion stating there concerns about the increase and basically it states that they wanted to protest the 6% collection fee that was stated in the letter. It was irresponsible for them to have to pay for other parties that were not paying. I just want to get that into the record and he requested some information that our office will provide. Also, in addressing the gentleman's comment on the fixed costs, we are putting the fixed costs on the tax roll. There is a chance that the properties tax bill will not get paid and that tax bill would go to a tax sale. There is an outside chance that the tax bill will not get paid or purchased. In that event, there is a chance we would not get that money. That is one of the dilemmas we face with evaluating it on a fixed cost basis is that fixed costs go to undeveloped property and stone of the taxes remaining on that undeveloped property may be too high for that property to even go for~vard. You need to evaluate whether it makes more sense to try and get the users of the system to pay a little bit more considering that their total water bill overall is substantially lower than the surrounding communities. Mr. Barnard stated correspondingly, it is important to note that in the history of Collier County there has never been a tax certificate that went unsold. I think it is a pretty safe bet that they all sell again this year. As these properties 11 Aug~ust ~0, 1998 16~ get developed and become people instead of grass, the whole situation will resolve itself. A resident asked have we heard anything from the hotel concerning the standby fees? Mr. Mussing responded we did receive a delinquent payment from them. They are still approximately three months behind, but we did receive a check from them for one month's worth of billing. A resident stated I guess whatever we are paying for a minimum now is basically going to be the same on our tax bill plus 6%. Is that correct? Mr. Barnard stated yes, unless You pay it in November in which 4% is discounted. A resident asked are we talking about next year? Mr. Barnard responded I am talking about this year. If you get your bill in November and pay it in November. A resident asked are we going to pay in advance? Mr. Barnard responded you are going to pay in advance, but the 6q[ is built- in for the collection fee of 2% and to cover the 4% discount. It is assuming you are not going to pay until March and we are going to lose the use oft}mt nmney. Ifyou pay in November, you get a 4% discount so in that case your incremental cost increase is 2% on S240 or S4.40. A resident stated we are paying in advance through. Mr. Barnard stated yes, but you will not get it on your water bill. Right now you pay it on a month-to-month and it ia on your water bill. It is call minimum water. ~' A resident stated I understand what it is. It is not $30 by the way, but nevertheless. Mr. Barnard stated it is $18 a month. A resident stated I am talking about the total hill. A resident stated he owns a condo. A resident stated those guys never use any water. FOURTIt ORDER OF BUS~SS Supervisor's Requests and Audience Comments Ms. Strohm stated I am bring up this and I know that they have brought this up before and Mr. Petty had mentioned it. I am talking about the need for the channel markers. I know Mr. Petty had said it is not a District responsibility. However, I was wondering--the channel is a private channel and at one time Mr. Ray I imagined owned it. I was just wondering who owns it? Mr. Barnard responded the State of Florida. Ms, Strohm asked maybe you can help us out here because if thc State of Florida does own it, how can they designate it a private channel and make us, the community, responsible? Mr. Barnard responded you would have to talk to tim State of Florida. I do not know. Mr. Strohm stated I do not think the State has made the community responsible for the channel markers. What the State and the Coast Guard have said is that the marina was paying and maintaining them in tile past and that they sent a letter that they should be maintained because they are not in any condition out there now, I think what we are getting at here is as a community should we get involved in maintaining those markers because they benefit us? If we do it, can we do it through the C.I.D. I think that is the question we are trying to get at. Mr. Barnard stated the answer is that is not part of our mandate. Mr. Mossing asked is that part of our water management system. Mr. Barnard responded that is part of the S.W.F.M.D. Mr. Gatti stated water management goes to storm water flooding. That is thc channel and the ditches and things like that which are adjacent to tile roadways. *Ir. Anderson, do you have an opinion of that? Why don't you take a look at it and let us know? air. Anderson responded I will. It is possible that we might be able to do that in connection with our parks and recreation power. Ms. Strohm stated I bring that up as a whole only because as a whole it is going to be quite expensive. It may be $50 a household, if we broke it down with ever}-one. Mr. Barnard stated I would guess that you would find the non-boaters in the community might have a difficulty in being taxed for it. Ms. Strohm stated there are non-boaters and non-fisherman in my community. I cannot believe that. *Ir. Barnard stated there are lots of them. *Ir. Gatti stated it all comes back to the fact that they are our dollars and how we choose to spend them, but it is again it is us as a group and whether the C.I.D. is involved or not. The way we put them up is another thing, lfwe do it by contract, that is one thing. Whereas a bunch of us get together, I have a source for science. Mr. Barnard stated there is a possibility that the marina might be able to collect any extra dollar on launch. The people that are launching from out of the community use that as well, but I do not know that they would want to do that. Ms. Marchand asked how can the State of Florida de-commit on taking care of it? Ms. Strohm responded I do not know and I think and you can double check with Mr. Mossing, but is not Mr. Simmons trying to check into this for us. We have been talking with Mr. Jim Carouse, who works for the State and we are trying real hard. Right now the ball park number was $8,000 Ms. Marchand stated a precedent will be created too once we do it. Mr. Barnard stated there has never been a commitment by the State of Florida to do anyttfing in that channel. As a matter of fact, they would prefer that all the boats would just go away and leave it for the alligators and the manatees. The original markers were put up by Gulf American Corporation in 1966 when they built this property and dredged the canals. V, rhen that went into bankruptcy in 1980 and Mr. Ray bought the place, he simply continued to maintain it. If we needed markers we bought them and had somebody go out and put them up. Ms. Strohm stated I have been asked by a few residents, who are not here, about how they could vote. I asked how someone could send in an absentee ballot and if they could just send a letter with who they want to vote for. Mr. Barnard asked for the Landowner's election, do we not send out proxies? Mr. Mossing responded if they can send a written request to us, we will provide that. Ms. Strohm stated an absentee ballot. Mr. Mossing stated yes. Mr Barnard stated they can simply give someone a proxy and just a handwritten letter is find. Ms. Strohm asked the exact voting date is when? Mr. Barnard responded the first Tuesday in November. Ms. Strohm stated it is not at the regular Thursday meeting. Ms. Marchand asked can we talk about the election process for a second because there is so many new people in here? Mr. Barnard responded if you wish. August 20, 1998 day. Ms. Strohm asked is it the second Tuesday? Ms. Marchand responded it is the first Tuesday of November. It is written on your calendar. It is election Mr. Burgeson stated it is the same day that you go to cast your vote for Governor. Mr. Barnard stated every two years, members of this Board in a rotating manner come up for re-election, election or whatever. The method of voting as you heard is until we reach 250 registered voters, the method of voting is one acre/one vote or one resident/one vote. Each of the 120 residents gets a vote. Each of the lot owners that are not residents gets a vote. ()ne presumes they would have to do it by ballot, proxy, or they would have to come over here and attend the meeting. The acreage calculation is the way that the State of Florida set this up when it passed Chapter 190... Mr. Anderson stated a quick clarification on the lots. You mentioned it in terms of each resident. It is actually each property owner. Mr. Bar'nard stated ownership unit. *Ir. Anderson stated if a husband and wife own a piece of property, they do not each cast a vote. It is one vote. Ms. Strohm asked how is the breakdown for the Deveh, pers and the RV Park? Mr. Bamard responded top of my head I would say the Developers and there are basically three of them although they fall into two major categories and Eveningstar Cay would be a smaller one, but between counting the hotel, the large parcel acreage owners pay 70% of the bill of whatever we pay and the individual property owners pay 30%. You have. about 300 assessment units between your property and the southern property. We have about 300 units in two or three sections that are under various development companies controlled by Mr. Hardy and then you have another 20 or so that are Mr. Prox and then you have 100 at the hotel. Ms. Strohm stated so if a party owns 50 acres he can get 50 votes. *Ir. Barnard stated that is correct. It goes by property units. A resident stated by ERC's bis. Marchand stated acres. Mr. Barnard stated acres or property units. Is that correct? Mr. Mossing stated a portion of it. Mr. Barnard asked if a 50 acre parcel has 100 property units assigned to it, how many votes does it get? Ms. Marchand stated you are right. Maybe it is not. Mr. Barnard stated you have 180 acres, but you have 188 votes. It is a vote for assessment unit. When you pay $1,000 a year on your taxes for your assessment portion of that. Ms. Marchand pays $188,000. Mr. Mossing stated she has all those units, but she owns all the property. So it is an acre vote. It does not matter how many units are on that property. Now, if you have 100 individual property owners within that 50 acres, you then have 100 parcel acres. *Ir. Anderson stated so it is one per acre. Four if you have broken up the acre into a fraction and different ownership then each owner of a fraction of an acre gets a vote, like a condominium. Ms. Strohm asked can you clarify that? .X, lr. Mossing responded you have to own the property. If you have four single family homes on four 1/4 acre lots, you have four votes. If you own just one house on one acre, you have one vote. Ifyou have four houses, individual property owners, you have four votes. *ir. Barnard stated we did not do it that way two years ago. We did it by property ownership. In other words, if Sunset Cay is 18 acres and Sunset Cay has been divided into condominiumS existing and future and there are 140 of them, the owners in Sunset Cay would each gZt one vote and let us assume there are 40 owned unit and the remainder o£ those would be the Developer's units and while there might be only 8 acres, it would be 100 votes because there are 100 individual property units in there and he owns all of them. Mr. Gatti stated let me suggest something because we are going around in a basket here. Either Mr. Anderson or management can come back to us with a report and tell us exactly how we are supposed to follow and what the legal procedures are regardless of how we have done it. Mr. Barnard stated I think we did it correctly last time. Mr. Gatti stated take it as an assignment, if you will and we will look for a report at the next meeting. Ms. Strohm stated you just said if there was 140 units, but the 40 were built and the 100 were undeveloped would that then go back to the acre vote. Mr. Gatti stated that is why they are going to give us a report. August 20, 1998 A resident asked what is the distinction between Class A and Class B owners? Mr. Barn~rd responded that does not reflected in the Improvement District. You are talking about the association for the Port of the Islands. The individual associations have A and B. In that case the A is the Developer and he gets 47 votes for every one everybody else gets. Ms. Marchand stated the November meeting will not be the third Thursday of November. It will be the first Tuesday, Election day. Mr. Barnard stated that is not to say we may not have a regular meeting also. One of the things we might want to discuss is do we need to have a meeting in September. Mr. Gatti stated it is scheduled for September 17th and we are going to be in Den,'er. so if ~'e can either change thai. or not have a meeting, it would be all right. Ms. Strohm stated maybe you could make an announcement as to the three positions that are up for election. Mr. Barnard stated there are three places that will bc elected at this meeting, Mr. Wolsky, Mr. Gatti and myself. Mr. Wetherby asked am I wrong it seems to mc that the individual homeowners cannot possibly control any election? Mr. Burgeson responded you v, qll have to wait until he comes back with his report. We have asked our Attorney to come and explain it to us. Mr. Barnard stated I do not know the answer to that. Thc way we did it last t~me, your right. We might have done it wrong and they are going to tell us. Mr. Burgeson stated we do not want to say something we do not know. Mr. Barnard stated to put on the bad guy hat for one minute. Let us go back to what I just said that when we pass something that is going to cost a $100,000 by this Board whatever it is, $70,000 is paid by basically two people. $30,000 is paid by the other 200. The reason that there is an acre per vote is to keep from having residents who decided that they wanted streets paved with gold and because they have somebody who is going to pay 70% of the cost so that is my bad guy justification. Mr. Gatti stated the pendulum swings when the development gets to the point were it changes and the two benchmarks are 250 registered voters and then the majority of the ERU owners. That pendulum will swing sometime in the future and it is subject to how much is developed. 1 Mr. Barnard stated I cannot tell you how happy I wou~d be if we had 1§0 sa~es this year. Mr. Gatti asked what about the EMS and the Fire Department? How are we doing ~th that? Mr. Berger stated the County is going to look at the donation of Ms. Marchand property at next year's Budget and come January, February when the County's Budget process starts they need to hear from us that we want it or we do not want it and that ~-~11 drive the Budget process as far as this issue is concerned. Mr. Barnard asked do they, anticipate a special tax for this area? .Mr. Berger responded the way it will be set up there will be no tax for the Homeowners or the Developers here. Ms. Strohm stated I think we should thank ,Ms. Marchand for being so kind and generous. A resident asked is there a new fee for fire at new homes starting'? .Mr. Barnard responded probably an impact fee. .Mr Berger stated this County impact fee could be $40 or $50 is what is going to pay fi~r thc building for the EMS and facilities that they have to add on. It is a source of income. Ms. Marchand stated and a Homeowner at a prior meeting commented that what it will do is help us to get reductions in our insurance. Mr. Barnard stated absolutely. Mr, Berger stated we are at the worst at this moment. Ms. Strohm asked do we have to go to the meeting in January_ or February, whenever it is to support this? .Mr. Berger responded we are going to be on top of this. I would say in the beginning it is just a communication between us and Ms. Berg. She is our councilwoman. Ms. Strohm asked have we decided on next month,s meeting? .Mr. Barnard responded we are going to ask Staff to look at it and see what is on the agenda and if it is important that we have a September meeting, we will but other~vise we will not. Mr. Gatti stated can we postpone it a week? Ms. Marchand stated I am not going to be here this week so I need to know in advance because I have to make sure i~ ia ready. Mr. Mossing asked how about we ~ehedule it for a week later? August 20, 1998 Mr. Gatti responded September 17th will b'e, the normal meeting. The following Thursday will be September 24th. Mr. Barnard stated we can tentatively schedule it for the 2,1th and then depending on what is to come up. If we need, it we will have it. If we do not, the Staff can recommend that we cancel. I suspect with two meetings this month it may not be necessary to have one. FIF'I~I ORDER OF BUSLNESS . Adjournment The m~g: was adjourned at 5:00 P.M. / ,/? ¢~hairman AGENDA PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Thursday August 20, 1998 4:00 P.M. RV Recreation Hall 12425 Union Road Naples, Florida 1. Roll Call 2. Public Hearings A. Adoption of the Budgets for Fiscal Year 1998-99 and the Levy of Non Ad Valorem Assessments Adoption of Non Ad Valorem Assessment Roll to Include a New Annual Non Ad Valorem Utility Maintenance Assessment 3. Staff Reports A. Attorney B. Engineer ':~!':.:. C. Manager - 5. Adjournment of Registered Voters - 120 Supervisor,s Requests and Audience Comments NOTE TO AT.L M~.~G A'ITENDEES: Please identify yourself each t4m~. you speak to facilitate transcription of meeting minutes. Thank you for your assistance. NAPLES DALLY NEWS Published Daily , Naples, FL 33940 Affidavit of Publication State of Florida - ~,U~LtC ~O~Cr. ~,t'~t.~c County of Collier Before the undersigned aumod~ NOTICE OF PUBLIC HEARING TO CONSIDER ~ ~ A CHANGE IN PURPOSE FOR THE PORT OF they se~e as the~ Naples Daily. a aa~ nev, spap~ publi,I THE ISLANDS COMMUNI~ IMPROVEMENT County, Florida: att ttac ed( DISTRICT ANNUAL BAINTENANCE ASSESSMENT. beinga ( ~e.~ ~ [ TheGoverninBBoardofSuoe~isors°ftheP°~°fthelsiands ~ot' ' ' ' ' Communi~ Imprcvemer, t District ~iU ho~d a public hearing ~~ on Thu~day, August 20 ~8 ,~ 4:00 P.M., in the RV in the matter of Recreabon Hail, 12-25 Onion Ro~d, Jfor the purpose of hearin8 public ccmr~ent an4 ~biections , ~ , mil which will was publish¢ 'n said newsp~er--I the ~doption of a non-ad-valorem asses.,m .m _ issues st~rting on~nd~J include a new annual non-ad valorem utihb/ maintenano: Affiant f~r1~r says t~ ~e ta~ ~ ~ assessment. ~is~ at Na0~. ~ sa~ C~ ~n~..J AMOUNT ERC'~ ~elcfore newspa~ has ~ ~ ~ PARCEL DESCRIPTION ~as Hotel, Marina $24,150 100.52 F~Ca. ea~ ~ay g~ ~ ~t~ aS ~ · I $13,070 54.40 ~ sa~d ~st office :n NaPes ~'~r t~~~ Sunrise Cay pumcat:cn II 38.00 ~4 '~ ~rst $ 9,130 t~a~ ~e has 48.00 amant fu~her says re, mC :a~.~ ~ Ill Evening Star Cay . d~scc~nt, rebate. c~a~,m ~v c~m,~ ct IV Southwest Commercial S11,532 a~sem~t f~ s~u,ng m,s ~ V Multi-Family Southwest 526,909 112.00 ~ VI Newpoff Cay S 5,506 19.00 VII Morningstar Cay S 5,2[6 18.00 t~na~ VIII Southwest Commercial S 4,805 20.00 ~ IX East Channel-Multi-Faro- $17,298 72.00 Sworn to and subscribed before me ~uj I~ East Channel-Multi-Fem. ~[7,298 72.00 this 3 [ day of X East Channel-Single Fem. S2[,383 89.00 ~ ~ ,-~ Xl No~h RV Park*** 562,566 300.00 ~ XII Wetlands S 0 0.00 Zlll NurseW 89.68 '/ [S,¢nat~re~ $2[ ,546 ~ XIV No~h Hotel Total $240,409 ~032.60 J~dit~ ~ ' '"~' : ".:'.'~;:'~ ***calculation does not include ~:!:;.'~? Y . ~,:.:;~:','..?' prope~ in which irrigation is not available. PLEASE BE ADVISED THAT.-ALL AFFECTED PROPER~ OWNERS HAVE A RIGHT TO ~P~R AT ,e,sc.a,y ~,.~ ¢ --¢'~c"~'f THE HEARING AND TO FILE WRI~EN OBJECTIONS Ty~ofldenM,cat~nPr~uc~- WITH THE LOCAL GOVERNING BOARD WITHIN 20 DAYS OF THIS NOTICE AT: ~ , Po~ of the Islands Communi~ Improvement District Affn: Board of Supe~isors 10300 N.W. 11th Manor Coral Springs, Florida 3307 NapLes DaiLy News NapLes, FL Affidavit of PubLication NapLes DaiLy News PORT OF THE ISLA:IOS 10300 CORAL SPRI~S FL 33071 REFER£NCE: 0109~.8 57T~3785 Notice Of Meeting PO State of FLorida County of Collier Before the u~ers~gned authority, persmallY appeared B. Lamb, who on oath says that she ser~es as the Assistant Corporate Secretary of the ~ples Daily N~s, a daily ne~spaoer publish~ at Naples, in Collier County, FLorida: that the attached copy of advertising ~as published in said n~s~per on d~es Affiant further says that ~he said Naples 0oily Hws is a newspaper pubLish~ at Haptes, in said Collier County, FLorida, and that the laid n~s~per has here:afore been contin~usly ~bLish~ in said Collier County, FLorida, each day a~ has been enter~ as second class ~tter at the ~st office in Naples, in said Collier C~nty, Florida, for a peri~ of I year next prec~J~ the first pubLicatt~ of the attach~ copy of a~vertise~en~; and affiant further says ~hat she has neither paid nor pronis~ any person, firn on co~ration any discount, rebate, co~ission o~ refund foe the ~se of securing :his advertisement fo~ publication in ~he said newspaper. PUBLISHEO ON: 08/13 0120 NOTICE OF MLTnNG m ~ce O~ Po(~ of ~e Co~ mtmi'hf I~eme~ Ol~ Oi~t~ will ~d ~eir reg. ul~ me~ W 4:~ P ~., 1242S Un~ R~, f~les, ~efl ~ ~e ~Iic ~d .ill r ~ ~e Di~i~ OfflCe ~ ~m r~d of ~e ~o- ceedlngs Is ~nclu~ng ~e : Such ~p~l I$ to be ~A~st 13 ~. 1250~2 A0 SPACE: 61.O00 INCH FILED ON: Suorn to and Subscribed ~efore me this /~' day of- Personally kno.n by ne ' ' / / RESOLUI~ON 986 BEEN'G THE ANNUAL APPROPRIATION RESOLUTION OF TIlE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (THE '~ISTRICT') RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING TIIE BUDGET FOR TIlE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, AND FIXING MAINTENANCE AND BENEFIT SPECIAL A,SSF_,,_gSM~'~I~ FOR SAID FISCAL YEAR WHEREAS, the District Manager has, prior to the fifteenth ¢lbth) day ~n July, 1998, submitted to the Board of Supervisors (the "Board") a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Chapter 190.008(2a), Florida Statutes; and WHEREAS, within sixty (60) days prior to the adoption of the proposed annual budget and any proposed long-term financial plan or program of the District for future operations (the "Proposed Budget), and prior to September 1. the District did file a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Chapter 190.008(2b) and 218.34(3), Florida Statutes: and WHEREAS, on May 21, 1998 the Board set July 23, 1998 as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Chapter 190.008(2a) Florida Statutes; and WHEREAS, on July 23, 1998, at the time and place published for the hearing, notice was posted rescheduling said hearing to August 6, 1995 at the same time and place as previously published, and notice of the August 6, 1998 Board meeing was also published and the Augmst 6, 1998 meeting was recessed until August 20, 1998; and WHEREAS, Chapter 190.008(2b), Florida Statutes requires that, prior to October 1 of each year, the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and WHEREAS, the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year; and WHEREAS, Chapter 190.021, Florida Statutes provides that the Annual Appropriation Resolution shall also fix the Maintenance Special Assessments 16u 1 and Benefit Special Assessments upon each piece 'of property within the boundaries of the District benefited by the adopted maintenance and capital improvement program of the District, such levy representing the amount of assessments for District purposes necessary to provide for payment during the ensuing budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. ~IEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds, based upon the report of the District Engineer, that the assessments on the affected parcels of property to pay for the special and peculiar benefits is fairly and reasonably apportioned in proportion to the benefits received as set forth in the attached exhibit A; NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF SUPERVISORS OF PORT OF THE ISLANDS COMMUNI'I~' E~IPROVEMENT DISTRICT;, Section 1. Budget a. That the Board of Supervisors has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Treasurer and the office of the Recording Secretary, and hereby approves certain amendments thereto, as shown in Section 2 below. b. That the District Manager's Proposed Budget, as amended by the Board, is hereby adopted in accordance with the provisions of Chapter 190.008(2a), Florida Statutes and incorporation herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for the fiscal year 1997-98 and/or revised projections for fiscal year 1998-99. c. That the adopted budget, as amended, shall be maintained in thc office of the District Treasurer and the District Recording Secretary' and identified as "The Budget for Port of the Islands Community Improvement District for the Fiscal Year Ending September 30, 1999, as Adopted by the Board of Super~'isors on August 20, 1998. Section 2. Appropriations That there be, and hereby is appropriated out of the revenues of the Port of the Islands Community Improvement District, for the fiscal year beginning October 1, 1998, and ending September 30, 1999 the sum of One Million Three Hundred Eighty-one Thousand Eight Hundred Sixty-one ($1,381,861) to be raised by the levy of assessments and otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $ 236,439 DEBT SERVICE FUND $ 781,390 ENTERPRISE FUNDS ~ Total All Funds $1,381,861 Section 3. Supplemental Appropriations The Board may authorize by resolution supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the fiscal year as follows: a. Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item. b. Board may authorize an appropriation from the unappropriated balance of any fund. c. Board may increase any revenue or income budget account to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. The District Manager and Treasurer shall have the power within a given fund to authorize the transfer of any unexpended balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the applicable department director and the District Manager or Treasurer. The District Manager or Treasurer must establish administrative procedures which require information on the request forms proving that such transfer requests comply with this section. Section 4. Maintenance and Benefit Special Assessment Levy That the 1998 Maintenance and Benefit Special Assessment Levy (the "assessment levy") for the assessment upon all the property within the boundaries of the District based upon the benefit received, shall be in accordance with the attached Exhibit A, which levy represents the amount of assessments for District purposes necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. Said assessment levy shall be distributed as follows: General Fund O & M Debt Service Fund Water & Sewer Standby $ 248,339 $ 771,484 $ 240,777 The District Manager shaIl certify this levy to the County Property Appraiser and Tax CollecWr, in accordance ~'ith the applicable pro~'isions of law, as required by Chapters 170, 190 and 197, of the Florida Statutes. Introduced, considered favorably, and adopted this 20th day of August, 1998. Port of [ho I~lands Community Improvem~e~t~ District /crh6rhas L. Barnard hairman Attest: Secretary -ii HI/SOLUTION 98-7 A RESOLUTION ADOPTING THE FINAL WATER AND SEWER BUDGET OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT FOR FISCAL YEAR 1998-99 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Water and Sewer Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 20th day of August, 1998, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS CO~~TY IMPRO~ DISTRICT; 1. The Water and Sewer Budget heretofore submitted to, approved and revised by the Board is hereby adopted as the final Water and Sewer Budget of the District for Fiscal Year 1998-99. 2. A verified copy of said final Water and Sewer Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 20th day of August, 1998. Thomas L. Ba~na'~ Chairman Secretary PORT Of: THE ISLANDS WATER & SEWlm FUND Adopted Budget r~m~ Year 1~/~ ADOPTiZD PRO~CT~D TOTAL ADOFTED ~TA,",,"0 B Y / .~ CL%'. WATER L~RIG ATi, O N ~ -~TER FEE TOTAL SLTERV'~SO R5 FE.E~ ATTO ~Wf ACCOb~NG ~7.~ · ~%'A L Ab~ ~CORD[NG 5EC~RY ~RB~GE ~3A~ ~.CO ~L ~ PER D~M ~.~ ~ D:O N~ 51~.C0 P~AGE 5I ~O.CO ~SL~;CE 510241.g0 P~NG & BD;D~>;G 5L~0.C0 LEGAL A D~,.~R~S~'G 5~.CCO C0 O~R CLieNT C~7G~ SI~C0 O~CE 5CT?L~ L,"OT^L A D .~, ~"Z..-' ,"77-~ .-T,"E 562.553 PORT OF THE ISLANDS ,;% _ ,,: -_ --: ,_ . _ ,:-_-, WAT~ & SEW'~R FUND Ad°P~d Budget Pa~ Year 199~/99 165.- 1 I AL"OFTED PROj'E~-i'Z.D TOTAL ADOPT/D B UL-"'(Z ET AC/UAL ~ PROJECTED ~ BL'EX3ET E,cC:LCFT;ON F/Y I997/98 'r:-c~, U 4I~0/98 5 MON'T'd-q 9/30/l~$ FlY I~98199 TOTAL P LA,%~ S2~l,4&,l,81 $122.11564 594,648.59 $216,767.~ S~8~7 [ TOTAL E~EN~ ~,01~I S1~2~2.~7 5112.036 I~ 5269,318.~ ~,032 ~CO~ fL~S) ~,~,19 ~,~4 ~ S~. ~9 C0 51~.982.~ 51219 I PORT OF THE ISLANDS Water & Fund Budget I998-99 Re?resenm the sta.ndby fees a.~d mit0.mum charges for the Dis~-ict's ut~liw system ~hat wiJ. I be collected on t,he i~roFerty owners Count'/Tax Bill. x, vat,~: & ; w- - v . . Based on paor years water a-x[ waste water consumption a~'~d cov,-~.ec::o~ to t~he syste=, fire Dis~ct ~a'tticipates the follow=§ reveaues: $240/~-77 $iG8,974 Water 'Revenue $ 33,475 Sewer Revenue $ 63,733 rrr/~ation Revenue S 11,7~3 Meter cormec~on charges at 5250 per 5/8" meter. Each meter aad art irrigation meter the actual cost of the meter, ] installation of fire meter both, a potable water would be based o n The DLs~ct anticipates earning $500 of interest income during the fiscal year based on prior years revev, ue. $15,CG0 $5C0 TOTAL REVF..N'U E 5362,~l] 1 PORT OF THE ISLANDS · '/ V ' ~ Water & Sewer Fund Budget TEe HoNda Stavates allows each su?e.wisor to be paid $2C0 per mee~-~g for C".e ~_"r,e devoted to Dis~ct business and board meetings. The amoum for the Fiscal Year is based on 5 Sul~rvisors ~ 12 monthly meetings. The fees -.-ii1 be split with the General Fund. · The District's attorney will be provtdin$ ~eneral legal services to the Di.s:"ict, i.e., a~endance and preparation for monthly meetir,§s, reviewin$ contract, agreements, resolutions,etc. The amount is based orr pr, or cost. Tlr. e D~t~ct's engineer will be r~rovidmg general engineering set. ices ~".e D'.s,..c,, i.e., a~er~dartce ~.'~d preparation for moatk!;' meeti.".~s, reviewing L'~voices, and various projects assigned as,directed ~v Lke of Su~er','isors. $8,CC0 $$,CC0 The Dis,.t::ict has con~acted wi~ Gay L. Moyer, P.A. to provide Ma:,,age::'.,er.t, Accountiag aad Recordiag Secretary Services for the Dis,.~.ct. The services L"tc!ude, but v. ot limited to, recordL',.G and t'ra:',sc.-iFtlon of board meetings, administrative services, budg:t pre?ara:ton, ~i financial reporffng, a,',,nual audits, etc..T!-..e fees are as follows: Management $8,269/per yea: Accounting $3,829/per yea: Recording .Cec.re~.ar/ S2,431/per year T':'.e D.s ....~s requJ.,-ed a.'~-,,.a'v :,,:.o :ts bz~a.'-,cia! records aud:ted bv an L-,dezender.: Cer.':Lqed ?u~,'.ic Acc~,.a".ff_-.~ Fi,."m.. TEe ;o~ tee .... based on :trot years cost. Page l5 514,529 $5,Cg0 PORT OF THE ISLANDS ' Water & ~wer Fund Budget 'Vne Dis~'aict processes all of its ffmanaal activities, i.e. accoun~ ?ayabte, financ:al statements, pay:oil, etc. on a main frame computer owned Ga'?' L. Moyer, P.-%. Computer time is billed at $70 per/hour not to exceed $1,CC0 for t,he fiscal year k't accortina, ce with the management con,ac: for the sa. me. The compute.' v.'..-ne charge will be split with the General Fund. $800 ~".e Di~,,'a'ict issued 5e~.es 1990, SFecml A~sessment Bonds t?.at are deposited with a Trustee at FL, it LYJon National Bar&. The a:',:',ua'. ~stee fee Ls based on :.,'for yea~s cost Fund. ~625 The Dis,t:ict has cont'racted with Deloitte & Touche, ~dependent certified public accormtants, to a,"u~ually calculate the Dis~-ict's A. rbi~age Rebate a...o_., is Liabiliv/ on the Seres 1990, Special Assessment Bonds. The "", .... based or, tko c,a'~ent conXact and will )e split with the General Fund. The Dis~ct has a 250 account u,~liv/ billing systerv, w~ch includes calculating, printing and mailing of u~.lity bills, posting and depositing cash receipts, customer service ar.d other related services. Represents cost incurred by District supervisors or employees for travel related ex?endivazes. Te!e:hone and fax ..--.ac~L-.e, a.mo'-'-.: ':used cn split w::?, tko General .X,(ai!Lng of Board .Llee~,g Agenda's, checks for vendors, over:',ig[:: deliveries a,",d any otker required correspondence. Arno,.::'.: ~ ~ased o:', vt-for years cost and will be svEt with t?.e General Fut. d. The District's administrative offices are located at Coral Springs L=provement Diswict whic,~ bi!l~ the Dismct $200 per month. This amount will be split with the General Fund. Page 16 PORT OF THE ISLANDS ~ ' V '~; ' ~' Water & Sewer Fund Budget 16G 1 4 T:-.e Dts~ct c',~"rent!y has its L"~suza.,".ce ?ol.icy witZ the Fionda Leag",,e of Ci~des, L".c. The Florida League of Cifi~, Inc. speda2zes Lu provid;..ng L~u.r~uce coverage for Goverru~e:ual Agencies. 'Erie foHowL-',g amounts are based on prior yeazs cost ~n General Fund Water & Sewer General Liability $2,552 S2,552 $5,104 Automobile Liability $881 $851 $1,702 ProFerty $0 $4,409 S4,409 Boiler & Machinery ~ 52,147 52,147 Treasurers Bond $282 $252 ITotal 53,,;85 510,241 $13,925 PrintL'~g and bk'~dNg agenda packages for board meeti,'~gs, printing of com?u:efized c,hecks, corr. espo=dev, ce, sta~ona:'y, enveloFes e::. 510,241 Advertising of mont,'2;- boa:d :'.eef--..~,. :ub!ic hearings, ar.d ar.',- other legal ad;'erfismg ,~kat ~av be requ~red. ' ' Ban/< charges and aay other n'2sceIIa,',.eous charges that the Dm~ct ma;' ir, cur. Any supplies that may need to be ;,~c,kased duzJ. ng the Fiscal Year, i.e., paper, rrffnute books, file folders, lake. b, Faper c~ps, etc. Th.e D.s ..... =ay purchase a ,~2e :~b2-.et or ~y other small ca?i:ai item. TOTAL A DMLNISTR.a. Ti%'E Page 17 PORT OF THE ISLANDS Water & Sewer Fund Budget The Dis~ct curcendy has two Hull time employees who ace Licensed Water & Sewer Plant Operators. These employees are responsible for all road d.'aLnage operations, mosquito control and operating and maL'~takffng the District's Water & Sewer Plant. The amount for salaries a/so includes a Faa O-~?,e/overtime reel wb~ich is anti~:ated based on b:.~e acrs'iv,,. The fol/owL~g are t,ke projected payroll expe~,se for tee fiscal year ;v,hich 'frill split with tee General Fund: Salaries S74,0~0 Part time/overtime $10,C~0 HCA Taxes @ 7.65% ~ Total ~ Health ?.sura_ace benefits w~ be peeled with other special :u.-'cose ta~ing d;-s~crs ia the state to receive beret rates b~ed on a largSr ~ou:. The amo~: ~ based on prior ye~s cost. · ~e Dis~ct w~ con~bute 6% of i~ employe~ ~oss wages to a reOcement acco~t wMch w~ be ~b~hed by ~e D~ct. ~e D~,,c, has i~ workers compensation with the Horida Lea~ae of Ciffes, ~c. ~e vremium ~ based ~n L% followMg and wi~ be spEt with tee General Fun~; 545,213 $2Z20 52.276 1 l~r,e D;.s~ct crawer, tlv has ~ ,--, , · c,,n_.c.s fcc we:i,,..-,d rnonitorlr.,~, lab testing, we'2 Held raomtorine, etc. Based on :flor years cost, the a.m, ouat sko...la. not exceed $38,~C0. ' ........ ?' Fas a ceL"'.~a: :acre ;-- :e!e.-..e~.. cent:o! of '~.e ',:'el! Ee~d; ace?dar =hone f~r no,. ' .... . -' ,..~a :ers,:r~e!, telephone and ,tax machine at water plant. ~3ZC0 Page 18 PORT OF THE ISLANDS Water & 5ewer Fu~nd Budget The l~.s~ct cu~,ently has 9 electric aCCotmt$ with Lee County Coopera~ve for L~rigarion, l~ sta~or~s, water a~ waste water plant. Based on prior years average moWdnl¥ eIectric bills the a.mount for the ~cal }'ear is a.s follows: Ever~ingstar Cay 9310¢~C4I I Newport Drove 9310C6C4G9 Sewer Pl~t 920114~207 $90 517376 Cays D~ve-~ 93082~¢~0 56 ~72 41 L: Caj,'-~ 93040 IC42~ ~9 ~::. Se~,'er Plant ' 92011462~5 $136 Water Plant ~201t4~2~3 ~ a,er Plant 930~80335 ;Veil Field 9408I~2~4 $92 51,1C5 Con tmgency(10%) $5,3~ The District will incur nume:ous :eFak.s and maintenance the hscal :,'ea.- on the wa,'e; phn:, waste ;,tater pia:-,t, itriga,-.'3a s:,'ste.m., etc. $59,228 535,¢00 Page 19 PORT OFTHE ISLANDS Water & Sewer Fund Budget Tke foLIowLng opera~,~g supplies will be purchased during '.,ke fisca[ yea: L~ arder to oFerate he water & waste wat~ system: Cb, lomne will be p~rd'~ased for the water trea:'ment Frocess and or,her chemicals on an as ne~! basis. Nfisceilaneous operat4w, g sut~pli~s for the water, waste water and i.rr. igafion, i.e.P.V.C, pipe, tools, uniforms, cleating supplies, etc. ~'~e ?u..-c.;',ase a~'-,d L"~st~2a:!¢.-'. cf wa:er & irrigation n',,eters. Due icn e ' ' The Dist~ct's employees w~ :'.eed to re:'.ew tkeir water and ',v~ste :v~ter plant operaff~"~g licenses. .42so, su~scff. F~ons to American Water ;','crks Assaciaffons, et':.. · ,,,' a & a v~ Excess b..u~ds ,~,~U ~e placed m a reaewaI and replacement 5.u',d .:.vt ar,-,' fa,u,_ re?Iace~ent of equi.~:,,er,,~ or mackL"teo,/. $35,CC0 $29.$,737 I ~LUTION 98-8 LEVYING A NON AD VALOREM ASSESSMENT FOR WATER MANAGEMENT AND ROADWAY COST WITHIN THE PORT OF THE ISLANDS COMMUNITY EVIPRO~ DISTRICT FOR PERIOD OCTOBER 1. 1998 THROUGH SEIrI'EMBER 30, 1999 166 WHEREAS, certain improvements existing within the Port of the Islands Community Improvement District and certain costs of operation, repairs, and maintenance are being incurred; and WHEREAS, the Board of Supervisors of the Port of thc Islands Community Improvement District finds that the costs of operation, repairs and maintenance of thc District during 1998-99 b-ill amount to $236,439: and WHEREAS, during 1998-99, the Port of the Islands Community Improvement District will be required to pay approximately $7,31.:1.q0 for deb~ sera'ice on the District's Series 1990 Special Assessment bonds ti,r those facilit,es constructed to serve property within the District; and WHEREAS, the Board of Supervisors of the Port of the Islands (;ommumty Improvement District finds there are 1022 taxable units within Arc:is I and II of the District; and WHEREAS, tho Board of Supervisors of the Port of thc Islands ('emro.tory Improvement District finds, based upon the report of the District l']ng~nc~r, that the assessments on the affected parcels of property to pay fi~r the spec,al ;~ud peculiar benefits is fairly and reasonably apportioned in proportion to the b. netits received as set forth in the attached exhibit A; NOW, THEREFORF. BE IT RESOLVED BY TIlE BOARD OF SUPERVISORS OF THE PORT OF TIlE ISLANDS CO5LSCtYNITY EVIPROVEMENT DISTRICT; Section 1. A non ad valorem assessment as provided fi~r in ('baptcrs 190 and 197 Florida Statutes, (hereinafter referred to as assessment, is hereby levied on the lands within the District. Section 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. Section 3. That the said assessment levy. and the lists of lands i,~clt,,l.d in the District are hereby certified to the Collier County Appraiser on Exhibit "A' attached hereto, to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Port of the Island Community Improvement District. BE IT FURTHER RE, SOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED, this 20th day of August, 1998 by the Board of Supervisors of the Port of the Islands Community Improvement District, Collier County, Florida. · Thomas L. Barnard Chairman Secretary STATE OF FLORIDA COUNTY OF COLLIER SS.: BEFORE ME, personally appeared Thomas L. Barnard and Gary I,. Moyer to me known and known to me to be the individuals described in and who executed the foregoing Resolution as Chairman and Secretary respectively of thc Port of' the Island Community Improvement District and acknowledged to and before me that they executed such instrument and that the seal affixed is the corporate seal of said Port of the Islands Community Improvement District and that it as affixed to said instrument by due and regulatory authority. WITNESS my hand and official seal in the County and State last aforesaid this 20th day of August, 1998. Notary Public ",' :':,~,g~ ['UBI.JC STATE. OF FI.('~RIL%'~I COMMISS|ON NO CC4212..'~ I ,~.: ':'.".'~!'~¢~0'~ c~.~, ~0'.' '~, I'." ' 16G Port of the Islands Community Improvement Distzict Adopted Budget Fiscal Year 1998/99 August 20. 1998 TABLE OF CQNTEN-i'$ General Fund Budget Debt Ser~'ice Fu:~d Budget Water & Sewe:' Fm-,d Budget Fage 1-9 Fa:,: PORT OF THE ISLANDS G F~\'ERA L FUND Adopted Budget ~cal Yea~ 19~/~) J ADOPTED ACiU'AL FROj'ECi'5, :D TOTAL ADO ~F/ED 3L'DGET TI-~U N~ PRO~D ~ B~ g~O~ F/Y I~g7,'98 4/~/~ 5 MON~5 9/~/98 F/Y 1998/9a TOTAL ~ENZ~S [ 9~,593.~ sgl,~Z01 3147,213.43 525.~.~7 44 522~.;39 ENG~E~G Sl 2,~C&O0 S3,1~.26 5Z,~7 ACCOU%~'G ~,~7.CO S2,I 27.~ 51 Z: 9 ~4 ~,~7.C0 ~3,S29 RECORDD/G SEC~TARY $2~ l 5.CO 51,350.~ 5,%4.~6 52315 Co 52, ~ I CO~.~R T~ ~O.CO $~3.8 ~U~E ~.~ $161.~ ~RB~GE ~BA~ ~.~ ~.~ ~.CO ~.CO T~L & PER D~M ~%~.~ ~1~ ~.~ ~!.7S ~PHO~ Sl~.~ ~.~ ~AGE Sl~0.~ ~.69 ~34.3 P~'G & B~D;C i%~C.~0 52~34 5: 7~ % ~422.3C 55,7,? O~CE SUTP~S ~<0.2C ~98.32 3:: 3 ~ 1 ~: 2.: 3 55,779 D~S,LIC~'SES,~R. 5175.C0 Sl~.CC ~.CC S175 C0 5175 C~A L Ob~_.~ Y ~0.~0 ~C~ SAI--k-~=S/WAG E S- S-~,CCO.3C $24,207.1 ~ $17,39,3 54 $4 :,459 ~.'" 542/J~:0 ~CA TAKES 53.36~ CC ~,,~9.1. $' ,3'~' %' ~,: 6-9 92 53. Z: 3 Pa I PORT OF THE ISLANDS GF~'ERAL ~ Adopted Budget Fiscal Year 1998/99 ADOPTED PROj'ECTE. aD TOTAL ADO ~{WED Bb-,','OG ET ACTUAL N"~CI' ?ROj~Cq'E_- D ~ BUI~ET F/Y t997Ig~J L'L'L'L'L'L'L'L'LT~U 4/30/98 5 MO.",'~.-.'S 9,,".~,,'~~. FlY 1998190 :NSL',~A.'~C E S Z,5~,O $2,07532 542; W.C. ~'~NCE SZ~6 S2,276.0~ 57 3~ S:.276 2c 52,276 ~ UG~'G S15,~ ~9.~ S7,~.15 516,953.92 S16,816 ~GA~ON WA~R ~ ~.17 5~ 45 S~54.62 ~,~O ~L~NANCE-D~'AGE ~,~0 ~.Cg 5Z,~,:C.CG ht~L~O CONSOL S~0,~ ~,62Z42 gjC5 FiELD S: 73,~22.00 $87,~30.30 S76.67C.."~ 5: 643,:,?, _,-~' '5: 7,~.~..,.5 ] E TOTAL EXJ~EN'DIT'jKES S~5,994.C0 S119,442,17 $95,,~64 ~9 $2~ N'ET [NCO.ME (LO'35) ASSES,SMENT 5232,743 $233.~9 AD~ DISCOL."N ~'TS & COLL. ~ GRCS$ ASSE55N~NT $ ..... , ! $2~.33o ] ASSESSABLE UN%TS i,]Sd 1058 IEN'TS PER UNIT S~4.72j PORT OF THE ISLANDS tn un'tv I r v m n is~ict General Fund Budget Fiscal Year 1998-99 The District will levy a non-ad valorum as,segment on all taxable property within the Port of the Islands Community Improvement District in order to pay operating and maintenance expenses [ncurr~ during the fiscal year. During the Fiscal Year the Dis~ct should have an average ~ala::ce S60,0(X3 invested at @ 5%. 5!33,439 'V. ne Flodda Statutes, allows eac,~ suFervisor to Ire paid $2'~.~ for the time devoted to Dis~ict business and board meetings. The amoun: for the Fiscal Year is based on 5 supervisors and 12 monthly meetings. The fees ~.-ill be split with the Water & Sewer Fund. The District's attorney '.,Ail be providing general legal ser',-ices to the ? .__ Dis~ct, i.e., a~tendance and preFaration for monthly meetings, reviewir~g contract.s, agr~men~, resolution~,e:c. The amount is ha~.~d on Frior years cost. The Dis~ct's engineer w~lI be providing general engineering services :o the Dis~ict, i.e., attendance and preparation for monthly meetings, revie'~ng invoices, and va~ous projec'~s assigned as directed ~,,z the Board of Supervisors. $8,0CO Page3 PORT OF THE ISLANDS General Fund Budget The Dis~ct has contracted with Gary L. Moyer, P.A. to Frovice Management, Accounting and Recording Secretary Services for the Di.s~ct. The services include, but not limited to, recording and ~-an.s~--iption of board meetings, administrative sec'ices, budg..~t preparation, all finandal reporting, annual audits, etc..The fees are ~s follows: Management Accounting Recording Secretary 58R69/per year :L3,~29/Fer year 52,431/per year The District is requited to armually have its financial records audited by aa independent Certified Public Accounting Firm. The fee the fiscal year based on prior years cost. The Dis~ct processes all of its finanda! activities, i.e. accoun:.s Fayabt,:, finandal statements, payroll, etc. on a main frame computer owned Gary L. Moyer, P.A. Computer time is billed at $70 per/hour not to exceed $1,CC'~ for the fiscal year in accordance wiLh the management con:act for the same. The computer time charge will be split with the Water & Sewer Fund. The District issued Series 1990, Special Assessment Bonds that are deposited .,,Ath a Trustee at First Union National Bank. The annuaI trustee fe~ is based an prior years cost and ~,411 be split ',~ith the Water & Sewer Fund. The Dis~ct has con~acted with Deloitte & Touc?,e. independent cerNfie] public accountants, to annually calculate the l~isrrict's Arbi~age Rebate Liability on the Series 19ox), Special Assessment Bonds. The amount is based on the cu:rent contract and will be split with the Water & Sewer Fund. The Collier Count'/ Tax Collector charges 1.5% for the collect'ton of the District's operating av.d maintenance assessment. $14,529 $3,5C0 Page 4 168 1 PORT OF THE ISLANDS mmunit'v [rn r v mnt Di tri General Fund Budget Represents cost incurred L'y District superviors or employees for t'raveI related expenditures. Telephone and fax machine, amount based on prior years cost and b'ill ~ split with the Water & Sewer Fund. Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is kased cn prior years cost and will ~e split with the Water & Sewer Fund. $250 $IC~ The District's adminis~a"dve oiSces are located at Coral SF.~n;:s Improvement District which bills the District $2LnO per r:',.on',h. Th:s amount will l~e split with the Wa:er & Sewer Fund. The Dis~ct currently has i~s Insurance Policy with the Florida Leag-:e ci Cities, Inc. The Florida League of Cities, Inc. specializes in l~rovidir, g insurance coverage for Governmental Agencies, The following amounts are based on prior years cost:. General Fund Water & Sewer Total General LiabiliLy $2,552 $2252 S5,104 Automobile Liabili ,W $851 $,~1 $1,702 Property, S0 $4,4¢9 S4,4C9 Boiler & .Macb, ine.,-,' $0 52,147 $2, I47 Treasurers Bond $2,.q2 $252 Sg-~4 [Total 5,3 Zx35 $10,241 S1,2CO 53,6.5,5 P~r,~ng and hit',ding age.-.da pad<ages com?u,~eNzed checks, cor'r, es?onde.nce, sra6onar':', envelopes etc. Page5 PORT OF THE ISLANDS mmuni [m v ~nt Di ~ict General Fund Budget Advertising of monthly be.~rd meetings, public hearings, and any other legal advertising that may be required. Bank charges and any o'--'-.er miscellaneous charges that ti~e ~s~c: m, v incur. Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file foider~, labels, paper clips, etc. o The Dis~c: is required to Fay aa annual fee to the DeFar,.':ne:'.t ~i Community Affairs for 3175. TNs is t.ke only anticipated exFev, div.-'re for this categoo'. A mon R I1 The District will be billed annually for administrating of the Series I999, Special Assessment Bonds and calculating and levying tee annual operating & maintenance and debt ~rvice assessment. The District may purcb, a~e a file cabinet or any other small caFi,~al item. TOTAL ADMINISTRATIVE :S6(~,4!4 ] Page6 PORT OF THE ISLANDS mm ' v nt istri t General Fund Budget 545,213 T'ne Distri~ carrentiy has t'...'o full time employees who are licensed Water & Sewer Plant Operators. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The amount for salaries also includes a part time/ore,me Fool wl'Jch is antidpated basoJ on future activiw. ~'~e follo'.~4ng are the projec:ed pa?oll exl~ense for the fi~a! '.'ear which w~II be split ',~'~:h the Water &. Sewer Fund: Salaries S74,0CO Pa~ time/Overtime $I0,C~0 FiCA. Taxes ~ 7.65% $6,426 Total Health insurance benefits will be pooled with other special purpose taxing districts in the state to receive better rates based on a larger group. The amount is based on prior years cost, The District will con~bribute 6% of its employees gross wages to a retirement account which '..rill be established by the Dis~ct. The D'Ls~ict has its workers comFensa~on w~th the r"loada Lea~',:e of. Cities, Inc. The premium is based on tee prior years sa!aries ara '.~'ii[ ~ split with the Water & Sewer Fund; 52,520 $2,276 Tl~.e District currently has a con,'act with Big C,vl~ress Landscab'e Co=Fan?' to maintain the Distffct's ~ght of Ways and biedians. The a=ou.".t for the fiscal year is based on the following: Annual Amount(54,069 per month) Addi~or. al Total $72,CC~ Pa~e7 PORT OF THE ISLANDS m un'v~ I v i tri General Fund Bud§et The Dis~'~.~ ca~enfly has 4 e!ec~c accounts wi~ Lee Counv/CcoFera,~ve £or $~'eet Lights located on EMs~'ict Roads. Based on pzior years avera§e mont.kly electd, c bills the a. mount for the fiscal year is as follows: ~ Monthly Annual] count N'ame Account ~ Amount Amount Newport Dr/ye 9210290573 EvenL'~s',ar Cay 93010705CO Tamiami Trail 9201140198 S5~0 56,962 S 35 $ 432 $127 $1Z27 $1,2.5Z 516,5i6 Port of the Isles 9607~CC~$ Contingency(% 10) ~[otal Amount The Dis~'-ict is cu:'rendy being billed far irrigation water for :he common areas the Dis,.'-rkt is required to main-~ain. The amount is ka~:d ca pm:r, years ccst. The District currently maintains on the sou~ side of the District, the main road parallel to the airsmp from the entrance off US 41 to Ne,,pon Cay - and Newlvor'; and Morningstar Cays. On the north side, the main road from the enhance off US 41, around the east end of the hotel to the wa',er plant, and the road from the water plant to the north boundary, cf the property,. The amount to maintain these roads should not exceed $7,~0 during the z~scal year. $16,$16 $10,CC~ Page . PORT OF THE ISLANDS (~o~nmuni~ Improvement District General Fund Budget Any maintenance on the District's drainage system that may be requL-ed. The District has recently purchased a mosquito sprayer and will be utilizing Dis~ct personnel to spray for mosquitos during the fiscal year. The estimated amount fcr c.,~e.~cals ar, d other needed supplies should not exceed $10,CC0. $10,C~0 Any miscellaneous repairs av.d maintenar, ce on the District's ~':-uc.ks, street lights, and any other items that are not covered under the rcads and drainage maintenance. Any operating supplies that '~nll be required during the fiscal year, i.e. fuel for trucks, uniforms, miscellaneous tools, irriga~on amd landscaFe supplies, etc. 51,7C0 $176,025 PORT OF THE ISLANDS Adopted Debt Ser~qce Fund Budget Fk~al Year 1998-99 51,020.!75 S635,948 S4M.gC5 $i,070 ~-q. 5!,016,515 ] OT'ru:--R Dk-~T SE'RkZCE COSTS SO Sl I ~ ~ $1 t,CC9 $11290 L%' ~ ~.-EKE~- I i / i $2~0225 $2~.325 .:.; $260 325 5247.~C0 PRLN'CIPAL - 5/I $2-r'0,CC0 SO $25C,CCC $~G£C0 5275,CC0 LNTEREST - 5/l $~,9,323 SO 52~,2CC 525.a,250 5247,5C0 [TOTAL EXPENSES 5,w.,0,650 $196,3.34 ~ :' '~ ........ ~,- ~: :e: ~ z-~ 5751 [N'ET L"qCOME $'Z29,525 $339,615 .'.5,54. ;7-.~ 52552200 $235, (I)Net [n. co~.e will pay C~,e 11 / I Debt Se. PAce Paymmt i~ tZe next Fiscal Yea: pffor to rece/',~mg assessments. !'./1 1.c8 !i/I/99 bi.est Pa?m-,~.: $249.5~ 5235,125 [To , s s, x25I Sced~ Assess~ Add: ~sco,~z~ ~ CoEe~o~s ~ f 5 5;2,~7~ ~6,2;f9 Gro~ Sv~ A~ess=~ 5714315 5W1,4~ ] Page 10 5/ $/ :1/ 5/ I/ 3 IT3,925.C0 :/ ~ ~2~,:¢0.:0 9.c~C¢C0 1T3,925.00 5~3,925.0C ~,' 5 :55,CC~.:~ ;.:¢CCC0 155,025.00 11/ 1/ ~ 5/ 1/ 9 11/ I/ 9 S/ 1/10 Oacec S/ 1/9~ ait~ DeLivery of 5/ 1/98 Average Cc~l:>cn Average Life ~ [ c ~ 9.0~00~: usl~ ICe.0oeoCCO ~ [ c ~ 9.~0: Fr~Oe~ivery Date pre¢~ar.=-~, by Prmger, McCarthy ~ SeaLy Key: PORT OF THE ISLANDS % · WATER & SEWER FUND Adopted Budget F~sol Ye~ I~B / 99 A~OICED PROj'ECT~. :D TOTAL ADOPTED BL72CE'= ACTUAL N%'~ff PROJ'EC'~D ~ B Ln2GET ElY 1997/95 ~rr3U 4/~0/95 5 MCh'iiLS 9t30/199~ ElY 1998199 STA:,;DBY/*~'N. C--{ARG ES WATER 5E'/ff.R IRRIGATION F'~"rE.R FEE COh.'~;ECTION r:-EE LN'TE_. -REST ~CO,~ TOTAL RE',ZVJ:J SLTER?ISOR5 ATTO R.VEY E NG LN'E E.:L.~G ACCOL.%'C?;G A.NWL,' A L AUD~ RECGRD[NG SEC ?.ET~-IY MANAG'--aR CONL~ b~ ARBFFR~GE REBATE: b ~LITf BILL~G TRAVEL & ~AGE LEGAL AD~R~SD;G O~R ~ CE;~G~ O~CE EOTALA ?,t2=.S?- 562553 CO 555,:64.23 5172952 552,55:35 ~65.2"% l SALA.~/WAG ES RCA I'A.X2.5 HEALTH INSL'K,LNCE PENSION C_ INSU'R,ANCE. 517,29(] ~ 541,498.02 S42.CC0 51,3:0.~,: :53,169 94 S.32 I. 3 52~,C,C.C0 52A,'9.63 $2,E0 5: ,2.CO.CO 52,366. ~9 52,520 ~.CO 52271 50 52276 PORT OF THE ISLANDS WATER & SEW1ER FUND Adopted Budget F'~:al Year 199~/99 ADOPT~ PROj'ECTED TOTAL ADOPTED BU12GET ACTUAL N ~"~T. PRO~CTED ~ B L'DGET DE,eCL.T~,.ON F,.'Y 19~7/98 T!-~U ¢I~/98 $ MGN'~.-'.S 9/:~0/!~9 F/Y 1998199 P~ I3 pORT OFTHE ISLANDS Water & ~wer F~d Budget F~ Ye~ 1~99 Represent~ the standby fees a.nd mini~'-~um ch~g~s for ~e D~s~a-kt's uti,iv/ system 'd.'~at ..viii be collected ca ~e prope~/owv, ers Count-/Tax Bill. W & w v · . ,~a,e. and '.vas:e water consu.m?ticn and future cor~,ect:or~ to thes:s,e .... .... ~e D~' '~' ..... a~ates the foUowmg revenues: $240,~'77 Water Revenue $ 33,475 Sewer Reve~.ue $ 63,733 ir~zafior, Rever. ue $ !1,763 Total Meter Fee ?.!eter eyre. ecl:on c2~arges re:rese:',t the ccst a~d L~,staHation cf C".e meter a: $250 per 5,/$.. meter. Each r',ew resident wiIl Eave boa, a potable water meter amd im irrigation meter ir~talled. La:get meters would be based o n t2'~e acVaa! cost of the meter, plus 5200, The D:s,.c, anScipates ea,"v£'~g $500 of L'~ierest income during tee fiscal year based on prior years revenue. TOTAL KEVENUE 515,CC0 $362,251] Page 14 PORT OF THE ISLANDS · V V ~'~ Water & Sewer Fu~d Budget 1 The Honda Statutes a.Uows each superAsor to be paid S200 ?et mee'k--,~ for ~-.e .~_m,e devoted to DLs~ct busLness a,-'.d board meeffngs. T'r.e amo,.a~.: for t~he F~cal Year ;,s ba.sed on 5 super4sors and 12 monody ~.ee.".n~s. The fees will be The DLstTict's a~orney wLU be provid~g general legal se:','ices :o the DLsL--kt, i.e., a~endance and prepazation i%r monthly meetings, reviewing contracts, agreements, resolution,etc. The amount is based on prior years cost. The D;.strict's engineer w~ be providing general eag~,eerL:'.:~ ser,'kes :o t~,,.e [~H.S,,'Tict, i.e., atte~dar, ce and pre?arat~or, for :nont?.iy ~.eet:ngs, reviewLng invoices, aad vaff. ous projects assigt, ed as directed b:; ~".e BoarJ of Supervisors. 56,000 S,],CCq $8,0C0 ~',.e Dts~ct has contracted with Gary L. Moyer, P.A. to provide Management Accou. ntmg and RecordLng ~etary SerAces for tke D~c:. The se~gces include, but not l~ted to, recordL~S aad tra~c~Ft!on of ~o~'~ =ee~.gs, ad~n~atlve se~,':ces, FreFara~on, al! fL~aaCal reForff~g, ~ua! audits, etc.?ne fees ~ ~ fol!ows: Acco Recording ;.~,,.~v/:er ye:t: ~,$29,'ber yea: $2,431/Fer ],'ear Tb.~ Dbtrict is requLred to ant, uaE? have its ft.'~ancial records audited by an Lndependent Cerff..ged P'a~L~c Ac:ota'~.g Firm. The fee tee fiscal ye:rr :s based on ;trot ','ears cost. 55,000 Page l5 PORT OF.THE ISLANDS Water & Sewer Fund Budge~ T'r.e Ding-,c: .=:¢cesses all o,~ Lis fimxndal activities, i.e. acco~.'-.ts ?a:;sble, Y_-,a~ciai s:l:eme:',~, Fay:oil, etc. on a m~ai~ flame comFuter o:vr..ed ~. Ga.-/L. Moye:, P.A. Ccmputer time i.s billed at $70 i~er/hour not to exceed $1,GC0 for the 6.scal year C't mccordance with the n~xnage~er,: cortege: .hr ."-'~e s~,e. 'I'ne computer ti,me c,har~e ~ be spilt with the Ge_'-.eral F,-:.",d. ~r.e ~s ..... :s3ued _Cedes I,;~, SFecial As~essmer. t ,~cr. di that de:csi:ed '.,,'::k a Tr,.tstee at Fkst Umor, Natio~a! Bari<. Tko w.:.stee fee :.s based o,". Frier Fee's cost and w,,.l! be sFiJ: :,':th '2'.e Ger.,,.ral Fund. The Disc=ct has con,acted w::h De!al:ce & Touche, k~deFer, de~: ce.-ti.;:ed ?ubi~c ac:o,,=.tar, ts, to ar.=.uaZv c~c'~ate C",e D;.s,.":4.ct's .4,rEit:a~e Liab~r,' or, ~-,e Series 199.], 5.=-e-ai .'-.ssess,-..er, t Bar, ds. T':te i.':-..ou::: based cn the ,=u:'rer, t car. tries a~,J w": ~,e iFiL: with E-,e Get, eta[ 'C. ne D:st.~ct has a cash feceS?ts, customer se.,~'ice and c~-,er :e!a:ed se~'ices. Represents cost iacurred by District su?e,w~ors or employees /or ~ra,/el related exFev, dimres. s;k: '.v::h :he Ger. era~ F'.m,J. Ma::~,;. of 52ard .%f"°';-~----,~ Ase.".da's, d',ecl~ for ',e ....... ~,e .... g.., d;,?:;-,--;-~s ir.d any ache: :-, ..... od corres:onde:,.ce. Amour.: :s "',ce,4 or, · z~,'s ~' and w:ij ~e s~E: · ':" · - ........ ,.m tko General Fu,-.d. R e r. ta I ~ea_Le~ Pose 16 $8CC, S t'>} 168 PORT OF THE'ISLANDS Water & Sewer Fund Budget The DisC. c: c,a,"rently has its Lasurance Policy with the Florida League of Cities, Lac. The Florida League of Cities, Inc. specializes in providing L.-tsur~r. ce ccverage for Gcve,.-r,.mental Agencies. The following amounts are based on pr.or years cost: ~)escri~V, ar. Ge:'.eral Fund Water & Sewer Tota[] Ge:',erM Lia~,ty 52,552 $2,552 55,104 AutornobEe Liab Lti,? $85i $851 $I,702 Prope.-9/ $0 $4,409 $4,409 Boiler & Macl-dnery $0 S2,147 S2,147 Treasurers Bond $252 $282 $564 T~tal $,3,695 510,241 513,926] $10,241 PrmtL.~g a~d bindi.v.g agenda packages for board meelxngs, p,'inting of computerized checks, correspondence, stationary, envelopes etc. Advertising of monthly board meetings, public hearings, and any other legal advert/sittg that may be requi,"~d. t u t a Bar. k charges and a~'~y other .-rdsceUaneous charges ff',at Lhe Dis,,',,ict may incur. Any supplies that may need to be purchased d.a. ri,ng the F~cal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. The District may purchase a ~e cabinet or wy other small capital item. TOTAL ADblLNISTKATWE $5O0 $65,295 ] Pa$~17 1 PORT OF THE ISLANDS Water & Sewer Fund Budget Ti-,e DLs~ct c~':entlv has two 6.illtime employees who ~e ~ce~ Water &~age Feb=om, m~co ~l ~ ~g ~ m~ta~g the ~ct's Water & ~wer P~t. ~ ~o~t for s~ ~o ~dudes a pa~ ~,e/ove~,e pool w~ ~ ~dpat~ based on ,~... ac~v,.. TEe fo~ow~g are C~e proje~ed Fa~vo~ ex=erie for the fiscal ve~r wNch ~vi',! ~o spE: ;vtC~ C~e Geaer~ F,~d: ' ' ' Salaries S74,CC0 7art ,'i,,-,e,' overff_-.e $10,000 ~CA Taxes ~ 7.65% ~ Total ~ Heal;h L"~ura:'.ce be:'.eff:s ',v;'! ~'e zcclCd '*';th oC'~er szec:ai ='-::~,:s¢ :a dhs,.'.,c:s L". :he state .'o zece.;;-e bet:er :a:es based on a la-z,.~- t: :u~. The amou_--.: ,.s ~'~sed on p~ior yeazs c~st. The Dis~c: will cont'ribute 6% of its employees gross wages to a retL-ement accotmt which will be estab~hed Dis~ct. The Dis,tr.'ct has £~s workers compensation with tee Florida League cf Cities, Inc. 'rke premium, is based on the following and :vi!! lo svlit with the General ?'-a".d; ' - S45,213 $2,276 ...... 2, has con=acts for wetlo, nd monitoring, !ab tos';n.- · ,,zee ~ield mcmtorL-.g, eta. Ba~ed on ~r~:r yeats cost, the a.-:', e.,_u-,: should not exceed $,~$,~C~. ' 538,000 $3,5~0 Page IS PORT OF THE ISLANDS Water &: ~wer Ft.md Budget 1 The D~ct c-~,-:e:,,:17 has 9 elec~c accounts with Lee Cou.:-.p. C~c?e.'ltve fo~ Lin'gabon, ~t s:a~ons, water and waste water pla.,t:, t)ased ox .~o: years avera§e montkl,~ eIec~ic bills the amount fc~r t?.e Y~c!; ;.~- is as £oiI0ws: ' . .., ' Acco,,,.--.: Name Account # Amour:: ....... E','e:'.z.-.zs.,r Ca'/ 931C0~C4I I Ne'.vFar: D::;.e 93i0C~0A09 Sewer P~an. 9201140207 Cays Dr:ye-L5 93082C(}540 S6 41 & Cay-L5 930401062S $49 Sewer P,a:,. 92§I14.7205 $I36 Wa:er P~a:.: Water Plan: 93G7250335 $1349 ~,-. Fie!/ Contingency(lO%) The D'-sr::ict '.rill incur numerous repa::s a~t mamtena.-.ce th.'oughcut the fiscal ,','ea.- on '.he water plant, waste water plant, ~mgation system, etc. $33,0C0 PageI9 PORT OF THE ISLANDS Water & Sewer Fund Budget 1 ~ $35,000 Tke followL-~ operath~g supplies will be purchased dud. ag the f~,scal year Ln order to operate the Wa:er & wrote water system: Ci'dorLae will be pu.r~.ased ,~or t?,e water treatme.nt process and other che:'Jcals o,~ a~,'t as needed basts. *fJsceUar~eous operating supplies fzr the water, waste water a~d Lr:igab~on, i.e.P.V.C, pi?e, too[s, c!ea~'~J~ng s,.:'ppUes, etc. The purchase a.qd ir. sta~at~-o.'t c~ water & irrigat'~on rv, eters. ]~ue 'c · ' ' The Di~t.~.ct's employees wU .-.eed to rertew their water a:'.d :v~-ste water plant operating licenses. A!so, subsc:iptiorm to American Wa:er ','Forks Associations, etc. wa - a $75,000 Excess ~,.a'.ds ,.vill be placed m a renewal ~.,'td replacerr, ev.t b~".d for future re?Iacement of equipmer, t or mac.h.Lnery. TOTAL PLANT $295,~7 ] Page C0 166 MARY W. MORGAN SUPERVISOR OF ELECTIONS COLLIER GOVERNMENT COMPLEX 3301 TAMIAMI TRAIL EAST NAPt. ES. FLORIDA 34112-4902 TELEPHONE: 941~.774.8450 FAX: 941~774-9488 l 6G August 7, 1998 Mr. Gary L. Moyer, Manager Land Development & Management 10300 N.W. Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: PORT OF THE ISLANDS COMMUNITY DEVELOPMENT DIST. Attached is the demographic report of the June 1, 1998 voter registration in the community development district. The cost of providing these statistics is $25. The check should be made pay- able to the Supervisor of Elections. Please forgive my delay in forwarding this matedal to you. Sincerely, Mary W. Morgan Supervisor of Elections Encl. ~ooo~ 00000 00000 ~ooo~ b~o~~ 00000 00000 00000 January 29, 1999 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-.~01 ~ Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.ID. 12600 Union Road Naples, Florida 34114 Reference: From: Minutes of Meetings held October 15, 1998 Gary L. Moyer Manager Enclosed for your records Supervisors of Port of referenced above. is a copy of the minutes o£ meeting held by the Board of the Islands Community Improvement District as GLM/jmr RECEi',/Et) 10300 N W 1 llh Manor · Coral Springs. Florida 33071 · i954~ ;'53-0380 · Fax 1954) 755-6701 1~~ OF MEETLNG PORT OF THE ISLANI)S CO3~'HUNITY E',IPROVE3IE NT DISTRICT 1 The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, October 15, 1998 at 4:00 P.M. at RV Recreation Hall, 12425 Union Road, Naples, Florida. Present and constituting a quorum were: Tom Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Richard Burgeson Chairman Vice-Chairman Supervisor Superwisor Supervisor Also present were: John Petty Bruce Anderson Marlene (Samsi Marchand Several Residents District Staff Attorney RV Park Owner FIRSI' ORDER OF BUShN'ESS Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present at roll call. SECOND ORDER OF BUS~ Approval of the i~Iinut~ of the August 6, and August 20, 1998 Meetings Mr. Barnard stated that each Board member had received a copy of the minutes of August 6 and August 20, 199S meeting and requested any additions, corrections or deletions. Mr. Strohm stated the biggest one was on page 18, I think that was Barry Berger speaking and not Mr. Wolsky and on page 14, we ~;eforred to Mr. Marchand and it is Ms. Marchand. On page 10 it says, "We still need Corine" I believe it is Chlorine. In several spots they spelled Mr. Barnard's name wrong. On page three, where Ms. Strohm's name is, it should be Ms. Wolsky. ~}ded by Mr. Wols~ }Jail in favor the minutes of the August 6 and August 20,11 1998 Meetin s were a roved as amended. October 15, 1998 Port of the Islands C.D.D. THIRD ORDER OF BUS~ Staff Reports Mr. Barnard stated I would like to pass on that Mr. Benson called and said that looking at the agenda, it did not appear to be any engineering issues, however that he would be available by phone if needed. I told him th:~t I felt that would be appropriate. A. Attorney - Report on Election Procedures Mr. Anderson stated one acre, one vote. If you have 20 acres that are platted into 40 lots that is 40 votes. The Statute provides that each acre or fraction thereof and when you have legally created a separate piece of property that constitutes the right to a single vote. Mr. Barnard stated what about when a property has been divided according to a development plan commonly known as a SDP, Site Development Plan, developed into condominiums of which some are built and some are not. Ob~%usly, the ones that are built have people that are living in them and each one of those people gets a vote. What happens when there is a !40 unit condominium that has been approved and has a site development plan, 52 of those units have been built and sold and has voters living in them, is the remainder of that site carry the votes for the unbuilt tmita or does it carry the votes for the acreage? Mr. Anderson asked has the Declaration of Condominiums been filed and approved by the State? Mr. Barnard responded it has been filed. It is a phased condominium, but there is a Declaration of Condominiums that has been approved. .Mr Anderson asked are there seperate tax bills for each of the condominium units that are unbuilt? Mr. B~rnzrd ~,~ed there are _~ep~r.~e ~x ~,JJ,s £,~r e,2,~J~ ,o£ ~ condominium sites, the phase sites, but each one would get one tax bill. I think there are 19 phases in round numbers, five of which have been built and there are 14 phases which have separate tax bills, but the units in those phases do not get separate tax bills. It does not make it easy. Mr. Barnard asked is it one vote per si~e or is it because those sites have 12 condominium units in i't, is it 12 votes or is it acreage, one vote per acre? It will be an issue. Mr. Anderson responded we generally Collow what the Property Appraiser and Tax Collector recognize as a separate tax parcel for the demarcation from when it goes from acreage to a fraction of an acre. That is a good question. 2 October 15, 1998 Port of the Islands C.D.D. Mr. Barnard stated and requires further study. It effects whether a Developer would have 12 votes for 12 unbuilt sites, 10 votes for 10 acres that do not have buildings on them or whether he would have 88 votes for future condominium building that are not build yet. Mr. Gatti asked is it critical at this election time? Mr. Barnard responded I do not know if it is critical. It is just a question that I had. *Is. Strohm asked are there any other people being nominated for the next election? Mr. Barnard responded that will happen at the meeting. Ms. Strohm asked don't you do it ahead of time? Mr. Petty responded no. You can certainly state your intentions to do so, but at the Landowner's meeting you will take nominations from the floor. Mr. Barnard stated Mr. Gatti and Mr. Wolsky have both indicated an interest in continuing on the Board which I am please to say we are glad they have expressed that interest. I guess the other issue is one that was an issue last year and I would just like for you to reiterate. There was a question raised last year at the election as to whether or not the 174 acres which is West ofthe canal, North of Route 41, which is not sets'ed by the development and is not assessed by the CDD, but is included in the District's lands and does have one vote per acre and I would like for you to reconfirm for us that it is in fact correct. Mr. Anderson stated that is in fact entitled to exercise those votes based on the number acres. It is not a question of whether a person is assessed or not. It is in the boundaries of the District. Mr. Barnard stated as an offset to that I will tell you that there is a 7 acre piece which is accessed for 90 assessment units which will only get 7 votes simply because it is acreage and the votes are not according to the assessment units. Does anybody else have a question for Mr. Anderson regarding election proceedings? Mr. Gatti asked is the election at our next normal meeting or is it November 3rd? Mr. Barnard responded November 3rd. Mr. Gatti stated so that will be a special meeting. Mr. Barnard stated I do not know if that requires the Board to convene. Mr. Petty stated it does not. The District Manager will hold the meeting and conduct the voting. Mr. Anderson will be here to answer questions. 3 October 15, 1998 Port of the Islands ~.D.D. Mr. Ms. acrea-e .Mr. McNeil asked does the election has to take place in November? There are quite a few people who are not here until December. ,Mr. Barnard responded it is mandated by State Statute. Ms. Strohm stated it is not mandated just for us. It is part of the election day overall in the State of Florida. Mr. Barnard stated if someone requests a proxy, they may get a proxy. .Mr. Petty stated a proxy will be available at the meetin,,,,. Strohrn asked the hotel is on 22 acres, would that give them 22 w~tes? Anderson responded yes unless they have split it up the ownership. Strohm asked how does it effect the RV Park? The same way by Mr Anderson responded yes. Unless there are pads that are individually owned. Mr. Berger stated if the title is in the hotel's name, they have acrea,,,,es. Would that not be consistent with any Developer. As lon~ as it is in his name, it would just be acreage and not units? Mr. Anderson responded if it is split up in the public records and offered fi~r sale to individuals, that makes a difference. .Mr. Berger stated so there has to be a point where it is offered for sale. They are offered for sale at each stage of construction. We need to he clear on what point it moves from acreage to unit. Mr. Barnard stated that is the question that we have asked him to address. Mr. Anderson stated forget the offered fi~r sale. That was an editorial comment. I am looking at the public records. Mr. Berger stated it is in the Builders name as an acreage until it gets sold. .Mr. Barnard stated no. Selling has nothing to do with it. It is where it becomes an individual tax bill regardless of whom the tax bill /goes to. If it is an acreage parcel and it has not been divided, the acreage goes to the person wht~ gets the tax bill. If it is a development site that has been divided into individual parcel, the only question that I think remains is for .Mr. Anderson to be able to address-- and it may be a moot point and it may not matter, }>ut at some point it might-ds the tax bill for phase 14 has 12 condominium units in it but it is one tax bill. Is it one vote or is it 12 votes':' That is the only issue that we really do not have an answer too. Mr. Gatti stated we obviously are going to have to know the answer to it before the election. I suggest that you do an amendment to the Board and outline 1 October 15, 1998 1 Port of the Islands C.D.I). not only the specific concerns that Mr. Barnard brought up, but the entire general procedure that we should know so that not only we know about, but ir necessary we enn distribute it to whomever is interested. Mr. Barnard asked will you be here Mr. Anderson? Y, lr. Anderson responded I was planning to. Ms. Marehand stated it will be here. Y, Ir. Petty stated how it starts is that the l}istrict Mannger will come in and open the meeting. He will describe some of the preliminaries and go through those steps. One of the first steps is that we will elect a Chairman from the group of l,andowners that will be here to basically run the meeting. We, as mnnagers, will be glad to assist this person from the floor in running that meeting, but ali directions and comments will be directed to that I,andowner and that l,nndowner will be the Chairman for that meeting for the running of the elections. You can askqt, estionsto the Manager or theAttornev as the need arises. We will then pass out ballots. The ballots are to be filled ~)ut for all Landowners. If any Landowner has a question over whether they have a v~te or not. we can answer it then I can tell you typically, the questions are, "I),) my wife and I both get a vote? The answer is no. You have to choose one or the other. We will count the w)tes and typically the Chairman will draw people from the group to help receive the [)allots and also the Manager will tabulate the ballots as well and we will post the results right then. The Supervisors that are elected at this meeting will be put into office at the first meeting in November which will be the third Thursday of the month. There will bo no other District business handled at that time other than the election. It is up to the Chairman whether he allows them to have five or ten minutes for anybody that is nominated to give a brief description of why they think they are best suited for the job. A resident asked are there five people running for three openings'? I}oes everybody vote for three? Mr. Petty responded you can only v(,te fl~r the three positions. The two who receive the most votes receive a f,>ur 3'ear term. The ~)ne with the least amount of votes get the two ye~ir term. A resident asked then we vote for the top three'.' .\Ir t'etty resptmded you vote for three pe(,ple. There can be five people at the electl(m. You pick the ones you like the best and you assign your vote. If you have one vote, you assign it for one of the three positions that are open. These are October 15, 1998 Port of the rslands C.D.D. the types of questions we will be going over at the meeting. There are three positions open. Mr. Barnard stated say that again. That does not sound right. .Mr. Petty stated there are three positions that you have to fill. Mr. Barnard stated and if you have one vote? *Ir. Petty stated you have one vote for position one. You have one vote for position two and one vote for position three. Mr. Barnard stated you have one vote for each Supervisor. I did not hear it that way. Mr. Petty stated you cannot say I like this person more so I am going to give him all three of my votes. Ms. *Iarchand stated the terms are only two for four years and one for two years. Mr. Petty stated as a voter, you really do not have to worry about that. That is done when the tabulations are completed. A resident asked if each person gets one rotc., how does anybody get more than the others'? Mr. Barnard responded by those that have more votes. Some people have 300 votes. Some people have one. Mr. Petty stated you can vote for Mr. Smith. You can vote for *Ir. Jackson. We count the votes and Mr. Smith will have "X" number of votes at the end and Mr. Jackson will have "X' number of votes at the end. Whoever has the highest number of votes receives the four year term and whoever has the least number of votes of the top three receives a two year term. .Ms. Wolsky asked do you have to be a re~stered voter of Collier County? .Mr. Petty responded you do not. You have to be a Landowner, a Citizen of this Country and over 18 years ofage to vote. Ms. Woisky asked do you have to be a Landowner to be on the Board? Mr. Petty responded you do not. You only have to be 18 years of age and a citizen of this Country. Mr. Anderson stated once we have 250 registered voters within the District at that time we begin shifting from votes based on acreage to votes that are cast by re~stered voters only. Mr. Barnard stated we have 120 right now. Within two years I would estimate that we very could have 250 registered voters. Mr. Gatti stated in that it is both husband and wife. 1 October 15. 1998 Port of the Islands C.D.D. Mr. Barnard stated that is right. It is just like a regular election. Mr. Anderson stated the names will appear on the ballot and you will have to go through qualifications with the Super~Ssor of Elections and get your name on ballot. It is a more complicated procedure than we have now. Ms. Marchand asked why are proxies not sent out routinely? Why does someone have to ask for them? Recognizing that this is a seasonal type community where a great majority of the people at this time of the )'ear are not here, why would there not be a mailing to everyone and then if they do not ~Ssh to exercise it or if they plan to be at the meeting they do not need it? can be changed. Mr }%try stated you are making an a~sumption that people will want to asslgll their vt~te and typically the assumption is that everybody wishes to carry their own vote. Ms. Strohm asked are you thinking of an absentee ballot rather than a proxy7 Ms. Marehand responded that is what I am thinking oL Mr. Petty stated in this fo~ of an election it is not appropriate. A proxy is the fo~ that you would use. The proxies are available if anybody needs one we x~ll be glad to offer them. We have copies with us today and there x~411 be copies at the meeting. Mr. Oatti stated if they are not here, then the proxy is meaningless. Mr. Petty stated we have copies here and they are available from our o~ce. All they have to do is call our office and we will send them out to them. Ms. Marchand asked how many people ar~ in the development? What is the number'~ How many people cio you send bill.-.' to J~)r water? Mr. Barnard responded my ~'uess is probably around 230. Mr. Petty stated you would not usu the utility bills. You have to use the Property Appraisersm roll. It would take me probat)ly about four days to get labels from the Property Appraiser and quite sometime to put that together and I will tell you that the ownership is different from the utility bills by quite a large margin. A resident stated I went through and did a sum'ey based on the telephone book and I came up ~th 246 individual names of property owners. Mr. Bamard sMted that is about what I would ~ess. October 15, 1998 Port of the Islands C.D.D. 1 *Ir. Gatti stated that would reconcile into plus or minus 240. That is 120 votes because there are some singles. .Mr. Barnard stated that is ownership units. Ms. Strohm stated there are 170 names in our new phone book. Some owners own more than one property. Perhaps if we got the word out that we do our electrons like the State of Florida does their election and if you are out of State you pick up the phone and you request a proxy. I lived in New Jersey when I had property here and they did not automatically send me a proxy. I had to request it. Y. Ir. Barnard stated if you are not going to be here for the election on November 3rd, you need to request a proxy ballot. Y. ls. Strohm stated I think it would be rather costly in manpower to send those out automatically. Y. Ir. Barnard stated it would certainly be to late to do it for this election. By the next election it may he a moot point because it may be by registered voters. B. En~,4nc~r There not being any, the next ite~n followed. C. Manager 1. Acknowledgment and Assignment of Management Agreement M,' l)t. ttv stated there is an assignment letter of our Management Agre,_-ment that has been put into 3'our packa,,,,e. I have a ct)rrected version that Y. Ir. Anderson has reviewed. .\Ir. Barnard stated this District is managed by a group which is owned by .\Ir. Moyer. Mr. Moyer was our original District Manager. Mr. Petty has been taking over that position for five or six years now. Originally Mr, Moyer used to come to our meetings. He company grew and grew and grew until he finally got so big that somebody has purchased him. A major company out of Great Britain and the good new for us is that they intend to keep the staff intact. It will virtually have no effect on us. When it, came up last month and we were not scheduled to have a meeting I asked the District Manager to poll various Board members because they needed it approved before October 1st. I told him to poll the members, assuming that you do not hear any objection we can put it on the agenda for this meeting. That is what this issue is. Shall we read it into the ruer,rd or d(, we need to or just announce that it is an assignment of our .Managem.:nt Agreement from Gary l,..Moyer, P.A. to Severn Trent. .\Ir (;~ttti a.-:kcd wh~t is the term of'~ur contract with Mr. Moyer? 8 October 15, 1998 Port of the Islands C.D.D. Mr. Barnard responded it does not have a completion date. It has a 30 day cancellation provision. Mr. Gatti asked does everything carry over? Mr. Petty responded yes. It is a 60 day cancellation. We are not asking for any new points in the contract. It is simply a change over of named and carry forward into effect. It has basically been to what Mr. Meyer has always referred teas a hand shake agreement where this Board carries the authority. Iftheyare d~ssati.-:ficd v,'ith out' s~;rvices, with 60 days we w~ll transfer over to any institution that you choose. In this agreement that you have hefore you and what Mr. Andersnn has put in here is an addition that insures that the people that have been serving this District remain serving this District which means .\Ir. Mossing, Mr..M,,ver and myself will still be involved until you decide otherwise that wt, keep the continuity of what has been going liOn ,MOTION by Mr. Gatti seconded by Ms. Strohm with]] all in favor the Acknowledgment'and Assign, ment[] Letters of the Management Agreement to Severn ['rentl[ [[Environmental Services~was a roved. 2. Meeting Dates Fiscal Year 1999 .Mr. Petty stated we have a listing of the meeting dates as required })7' State Statute for the following Fiscal Year. It is basically in conformance with our current policy of having it on the third Thursday of every month with tim one special meeting on November 3rd, 1998 for the I,andowner's meeting. We would like that also to be approved. [[OMOTION [)7' .Mr. Gatti seconded by Mr. F, urgeson]] /with (ill in favor the .Meeting Dates for Fiscal Year 1999[[ [as presented was approved. FOUR'III ORDER OF BUSLN'ESS Supervisor's Requests and Audience Comments .Mr. Burger stated I think there was an open item from the last meeting about Parks and Recreation for the participation in the channel markers. Ms. Strohm stated .Mr. Anderson was supposed to look into that fi)r us for the channel markers. 1 9 October 15, 1998 Port of the Islands C.D.D. Sir, Anderson stated I believe that the District can lawf'ully expend l)istrict monies to provide channel markers under the District's Parks and Recreation powers. Mr. Barnard stated now. How much and wheredo we Ms. Strohm asked is Mr. Simmons looking into that'? Mr. Berger responded we have an initial quote of approximately $10,000 t~) bang the posts up to code and the signs up to code. We are at risk here becau:~e by State law if those are not maintained properly they slmuld l~e rem~ved immediately, Really. we nerd thc, m up. Thcvare in violati.;~ need the Board to address ti:is situation. thc specific use ~ives us pause fi~r thought. $t0,0()() is m~t :t~ :~n~,u~t we have laying around in some channel marker reserve ~'und. number of owners in this community that are n,t boaters and mij~ht nr~t wisl~ t,, have their District dollars spentin that manner. M,,st {,t'them are. hut I can see where a l,~t of them might not be and it v,'{,uld }m m~m[.'thir~M ne(:d to hmk at these areas and certainly the [)istrict, if it fixxrts it apt~lic:~bl,., t,, donate equipment with another government agency would first h;~ve an i~ler- agency agreement thai would lay out the ground rules. Mr. Barnard asked are we talking ahout Collier County lh~rk and Recreation? Mr. Petty responded [ do not want to say right now look at specific documents. Recreation? Mr. Berger responded those channel markers are in the new Ten Thnusand Island Preserve. They are in there so yes we bare to work with the State agency to really determine who does what and where. Mr. Petty stated first we would c~me up with an a~,,cnda {~i' what mir intenti{ms were and then we would take tlmt tc~ thc State would bring dmt beibre the i¢,;ard for them t{, review it ami ask i;~t' their help. Mr. Gatti stated that is the point that I would like to expl{~re betiwe we get into this. I subscribe to the idea. It is a good idea to have this done. The question 10 1 October 15, 1998 Port of the Islands C.D.I). 1 ~s are we r~:sponsible fl~r doing it totally or are we responsible fl~r doins any part of ~t a~d if wi, do it, what responsibility from a legal standpoint do we assume. That cullce~'Iis ille a little bit. So I think our first step should be to see what alternative fundin~ is available here. As this East part. of the County develops more ~nd more and v.'ith t}~e trail becoming a scenic route alon~ with everything else that goes l~vlb~'e wt: just dccidt, t~ spend .~ 10.000. Nit. (';atti stated that is a grind point. 5lr..McNeilstatcditmi~htbe EversladesNational Ik~rk. It m:~v},,~l}u, Tcn and the roms going to Everglades City x'~ , - ~ere originally put up by tim Sr~vernrnent and [nuinta]ned by the government. The channel markers }rare were privately put up ~rLd p[uvatcly maintained and that is the difference. I pm'sonally believe tzmu that they maintain those channel markers if they arc approached in the think if there is a little bit of' co,q>eration there, we might ~'ct s.mct}fing done. I think tl~e next step is who do ;'.'e use here to approach thc r,thcr asencics to 5Ir. Burnard asked where do you start? What asency do we start with? .Xlt'. Str',~hrn responded [ think we start with ~*ur'sclvcs. I thir~k wc start 5Ir. (;:~tli sl:tt~,d t'r,',m an or,I'm'come,it .~t:tnrtpoint--and hulp mc hcrc--I th;~k I st:u t;,., ~,r three dif!'crent agencies out thc. re enfi~rcin~ thc channel speed, s~ there arc a whole litany {~f different agencies involved out there. A resident stated they are only enforcing the speed out there and the fishing laws. There are not r~sponsible for the maintenance of the land itselL The land .XIr ¢;:ltti statcct thc ,mc pi~x'c directly [)k~}liIlrt rnv }lo[ISc }Ills (:}I/ti1SC(I' d,);,.'~l tim canal. 11 October 1.5. 1~' ' .L)a Ih)~'t ~,F tl~e Isl;Inds C.[).I). .Mr. (;atti stated let's start with some of' these ,State a;;em:ies and s,e where we can go with it. Ms. Strohm stated I believe when I was working a~ the hotel the original letter instructing us to repair the channel markers came from the Coast Guard. Mr. Barnard stated I believe that they are the ones that ultimately have responsibility for the channel markers. Ms. Str{~hrn stated they instructed us that tbev were in need of repair or replac[~m~:z~t :~nd they gave us a tirne limit. ~lr tl:tr~ard stated g,~in~: hack '.v}mn this was a si~Mle ov.'m~r pr~pcrty we just t,,,,k put up pr,)pcrly'.' ~Ubo woulct t}~cy sue? Mr t~:u'nard responded I think there are obviously a :~tzmber of issu,~s that m.,(..d t,) b~_. address including how can we gel someimdv else to P:U' to take care ~,f it. 5Ir (;atti stated let me take iL on as a personal assignmen[ and I will work with .Xlr {}t2rger and Fmc if we can track down some of this. Mr. I'ctty stated you cantmt bare two Supe)'visors involved bnn~ it back Lo the [~,~ard for discussi()n. .Mr l;crger stated we also have to think of terms ()t' tim ),ew ,)wncr ()f the hotel. I,'IFI't I oIUr)EI{ OF BUSINESS Approval of Invoices On ~I(9'I'I©N by .Xls, Strohm seconded by .\Ir. (;atti $6,953.1.1 and October S, 1998 i,, thc arl~ourlt lbr thc (;eneral Fund; and invr>ices tlr August in tim amount of S.I,S73.-tS; ~eptembcr 21, 199S i~ thc amount of S [0,71.t.22 and October 8, 1998 in the anloun ,~1' S23,855.60 2>z' the Water and Sewer was approved, .\Ir. Barnard stated prior to the last item I would like to make a short comment. Over the past eight years, I have enjoyed being associated with each of 12 October 15, 1998 Port of the lsl:,nds the various members of tho Board over those years. :\ including the ones here t, oday and cert.ainly enjoyed working with the Staff ant] with the professional we have. I thank you all for allowing me to serve as your Chairman for eight years and I have determined that, it. is time for step forward and take my position so I will not be a candidate for elect, im~ to the Board on Tuesday, November 3rd. 5Ir. Petty stated you will be missed. SIX"III ORDER OF BUSLNESS Adjom'nment The meeting was adjourned at 4:,10 Richard Gatti ~', 16G 1 Thursday October 15, 1998 4:00 P.M. 1. 2. AGENDA PORT OF THE ISLANDS COM~MUNITY hMPROVE~IENT DISTRICT RV Recreation Hall 12-125 Union Road Naples, Florida Roll Call Approval of the Minutes of the August 6, and August 20, 1998 Meetings Staff Reports A. Attorney- Report on Election Proccdurus I; En~qneer C. .Manager 1. Acknowledgment and Assignment ,f Management Agreement, 2. Meeting Dates Fiscal Year 19!)9 Supervisor's Requests anti Audience Comments Approval of Invoices Adjournment Gar9 L. Mover, P.A. Lind Developmcn~ '5- .x!a::,~qcmcnl October 1, 1998 (;oral ,<prm~ts, }'lorkl;l ~071 (')5-I) 753.0 Board of Super~-isors Port of the Islands Community Improvement District Dear Board members In this era of merger and acquisition mania I have been fortunate enough negotiate the sale of my business to a large international utility company .My and that of other staff members associated with my company will nut because of this acquisition and we will still be involved in thc ruutinc the District as provided for in my contract. As part of the sale, however, the purchaser i~ rcqucsun~ acknowledge that there exists a valid contract, that thc I)i~tr~ct set off or set asides a~ainst the contract, and that L}:t. [~our~! :tppr~,'., .... : 't~,. assignment of the contract. I am enclosing a lcLtur L}laiL ackr,~,v.l,:,i;~,., ~i, .... · provisions and I will ask the Board to authol~zc, ot:r ('hairnla~ Thanks for you consideration of my request. Sincerely:, / Gary L. Moyer Manager GLNUdh Cc:chef 15. i998 Pon of fi'~e Islands Community Development District Subject: Purchase of Gar.,' L. Mo':'er, P.A. by Severn Trent do .... of Supervisors: .',lo'.'cr is m)v.' cnza~zed ir, thc process '" ,,:nh rc,.lt:cstcd Services. Inc. ("ST".). As part of the requirements of the Contrac~ ct Sale. ST '~ ' ' .".1oyer obtain front you (a} confi,,'-mation ofceaain t~cts conce:'r, in~ the ' 2 ........ .vhich ,~¢~c,, -.- ST will retv in purchasing ,ho., . assets of Mover:. and ¢b) . the :\_rc~m.nt From Mover to ST. Accordindv, bv simdn~ b. dow you arc hercbv cern:ermine the 2. 'FEe Agreement ',','ill no~ be temdnated with g. ric, r notice :rs required ia the Agreement as rcsuh of the sate of the assets of Meyer to ST and conscc.~ irs hereby gi'.'cn :,~ ti~c assimm~cnt of tke Agreemen: bv Mo)er to ST. 4. ST shall ensure the contint:ed services x, .......... be ...."~ ...... d bv ST. ..... 'r' ()!: 'i't i[£ IY, L.-\ND5 L'(3,X.I.M[ :Nl I'Y [.X [P P,C)V E.M [~'<'}' /Tt~ oG ~TZ'7. 13~'~ar'd. C~:.i rpc rs o n G .USERS'BETS'F, WP:t' Port oft.he hlands CID'.MOYER ASSICN TO ST '~,?d DISTRICT FINANCIAl. CORPORATION 1 September 15, i998 Port ot the Islands Co n ..... n., Improvement District IC~3f)0 N.W. i lth Manor Co:al 5prin,q Florida 331)7i P,c: t"~rchase of IDzstr:ct F ........... Corpt):';,,tior~ bv Sc'.~:::', Trc::t Dca: Port of ;he Islands Corn ..... z.".'?, Improve:hoot [)is:.'-!,: There is currently a Improvement I);strict dated October I. Lt~')~g l'{,r accn,:n::::z ,.crviccs. DFC is now engaged in t?:e process of soiling al) (,r !t:~ ;:ssc:~; Environmentai Services. Inc. {'ST'). :'ks part of thc req,zire:ncats Sale. ST has requested that DFC obtain from you ray confir:nation concerning the Agreemenl on which facts ST ,,,.'ill re/;' J.q purcha.,,ing thc anti lb) 5'our consent to the assignment of the Agreement from Accordingly. by signing below you are hereby confirming the ackno'~'i'cdg:ng '.,our consent ~o t.h¢ asv, gnment of ~he Agr..:cm~:nt: ',.' .......... :'ull counrerciaims or defaults existing under thc Agree;nc;:: a~a/nst I)FC. The Agreement ,.,.iii not be terminated prior to the cxpiratiun ~,r' its term as a result of the s~e of the assets of DFC t,~ ST and ct,nscnt is hcrcbv ~ivcn to :he assi~nr::ent of thc ,X..r~- -['here have been no ?'-'2-:.'~' .... made to ~ ar.d except for 5 ................ thc,'~ arc no :~xtm~cq mvcd [o [)[:C ft~r services ret:de:ed," ',- ' - · DISTRICt FIN.~NCIAL CORPK)R,.VFION Page 2 Please acknowledge that the above statements are true and correct by signing a copy this letter and returning it to the undersigned. Thc foregoing state.rm2nts are tn:e and correct as of Scptc::;bc: 15. I'I9S. Port of th~>~andfCommttfi,ty Improvement District ~,/,/~..~.~ ~ By ~/ C~ ~~-.--~Z ........ ,/ / ~ ~ .... /, 16G I Notice of Meetings Port o[' the Ishmds Community Improvement I)istFict The Board of Supervisors of the Port, o£ the Island Comrnuni~.y lmprovcmc~t District will hold their meetings for Fiscal Year 1999 in the offices of the District ~t the RV Recreation Hall, 12425 Union Road, Naples, Florida at 4:00 P.M. on the third Thursday of each month as follows. October 15, 1998 November 3, 1998 (Landowner's Meeting) November 19, 1998 December 17, 199S January 21, 1999 February 18, 1999 March 18, 1999 April 15, 1999 *lay 20, 1999 June 17, 1999 July 15, 1999 Aug'ust 19, 1999 September 16. 1999 There may be occasion.-; when unu or ;l~o:'c ~upc,,'vl~uF~ '.~ll telephone. At the above location there will be pre~er~t a spcakc:' any interested person can attend the meeting at the above lucat~oH and bc I'~;llv informed of the discussions taking place either in per'sun u:' communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District, Office at 195.1,~ ?53- 0380 at least five calendar days prior to the meeting. Each person who derides 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 evidence upon which such appeal is to be based. ?:tel ExD~nclilures Fur~d Bctcnco 13/'~7 Port of the Islands Community Improvement District }'-216,170.57 ~ 7.-~, 7,335.2 7 -~ 1 -2- ~gvenu~s Income (Loss) Port of the Islands Communih/Improvement Dislrict Waler & Sewer Fund For t,"'e :erect ~r, Cir,G ~eDtemc~t 30. I;q3 ','/&$ Fund Pt'otcle~ 5uCgel Ac:ucl , Budg_et Thru C9/30/9~ Th:u C9/30/9,3 ','cricnce _.. :.i ;2:~'?7 'z:~' '" C2. Z" i.; 34 5] l l L ; Z<. f 5; 44 ',; ;. ~Z,~ 443 522 :,:',.2 2C :.~ (' ~.Z",] ft :;t ;;.';i ]J ';:.;']S Retcinod Earnings 10/97 Retained Earnings 09/98 .~. $44,719.60 ~i1.5~4.$2 5'~'~,264.42 Port of the Islands Community Improvement District Debt Sen/ice Fund ?3:-C-::',e,"'.t .Of ..... r.~, ,~p,~.:~,,~- & ze::,C Z: ::'. ::','-:~ 1 Revenues: :,?,,'eres: :?,c c,~', .-2 ~eser'.e S,'.b. %%: . .z. ,,~. !Total Revenues 5819,506.35 ' Exoenditures: Orr, er Se~,: ~e:',':3o "' .... .:i~ - .,. ;: Total Expenditures .................................... $815,571.28 :Excess R_ /=,,u~s~, ~'~ ~ $3,,o'~,07 Fund Balance 10/97 ~-~,023,277.51 iFund Balance 09/98 $1,027,212.58 -4- Port of the Islands Community Improvement District Capital P~oject Fund Statement of Revenue & Expenditures For The Period Ending ~ ~'~-~, ~O .e~ .......... 1~98 Revenues Total Revenues $2.77i.24 E;_f<penditures :Total Expenditures .... $0.00, ~Excess Revenues $2,771.24 !Fund Balance 10/97 .~56,780.70 iFund Balance 09/98 $59,551.94 16[ 1 Port of the Islands Community Improvement District Summary of Check Registers General Fund Dote Check Number Amount Total $30,3;45.49 Water & Sewer Fund Date Check Number Amount 8/31/9~ '~ ..... x ........ 9/21/98 4515/Z63~ $i0,7i4.22 1~/'8/'98 4~2,,'~~ ~ :~ ~' Total $39,443.30 '.3 1 .: 7 .7 g o g 1 O0 O0 Z oo 0 0 -5~ § § o oo 7 0 0 0 0 O0 C § ,5 21; § 7- § ~ 0 0 -- 0 0 0 .r Wl r. cz) MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # 1 TO: FROM: DATE: RE: Sue Fitson, Administrative Assistant Board of Coumy Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit CourL,'Finance Department March 4, 1999 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. South Florida Water Manaqement District 1. Pursuant to Florida Statutes Chapters 189 and 190, the South Florida Water Management District has submitted the following: (a) (c) (d) Thankyou Comprehensive Annual Financial Repod ;or FYE 9/30/98 Management Letter for FYE 9/30/98 Schedule of Governing Board Meetings for 1998-1999 A map of the District Public Facilities Repod I~c'~l~ 16 1 South F'lorid VV'ater Nlanagcmcnt l)istrict ', till ( ;un Club Road, Wc.~ I alto Beach, ]:l.rhla ~.~4 ~ · ~t I ) ~ ~6 Nsllli · I ~V,V]'S f ~11 -1 ~2 2f)-lg FIN 12 February 2.'i. I')')t~ Clerk of ('our, s ('oilier ('ountv ('ircuit Court Finance lJept 2,71 .-\irpon Rd. ('ou~ Pl~a Ill Naples. Florida 34112 I)car ('lcrk td'('(mlls l'ursu,mt tt~ I:I,ORII)A S'[ATt'TF:S 189.415(2). 189.418 (3)(a),(I))and (c). and ISg.41S{4) fiscal xcar ended September 30. 10')8 list ol'thc District's schedtded Governing Board mcclinus map iq'the District which shows all COtllllV boundaries xxhifin Iht l)iqlic~ ['ublic Facilities Rep(m Update (sec (}ODilB!_Pzogra~) puhlicatitm} Per instructions of the Departmenl of Banking and Finance. thc Annual I,t,cnl ( ,,,x c~ n.~,.,l Financial Report is m~ kroger being submitted because the District is a component t,,t ,4 thy ,qtal¢ of Florida l)eparlment of Environmental Pn~tection In order Ibr tls to keel> our mailing list current, we v, ould appreciate addressed you correctly as shoxgll above. Please note any chlulgCS a~ld I'Cttll'll copy) along xtilh any questions or conlnlents on the enclosed inlbrmation Iltllcd (/11 Iht letterhead .Sincerely. I,tobcr~ N (}ray Dirt.,,.'tor of ..\ccounlh~u and Financial Services RN( 3.1ailing ..\ddrc..s: P.(). I~,x 24t ,,'qO. Wc,t I'.dm tL..t~ I,. FI. 'i';4 l,,-4,,~,~1 166 I 1998 SCHEDULE OF REGULAR GOVERNING BOARD MEETINGS January ]4 Governing Board Workshop '3:00 am January 15 Governing Board Meeting/Regulatory Meeting ?,'.30 am ? ¢)1~ pr,~ Fet)rL~ary 1 1 Governing Board Workshop FebrLJar¥ 12 Govermng Board Meetmg Regulatory Meeting ?, .~.) ~rn ?:l)~l I~, March 1 I Governing Board 'vVorkshop March 12 Governing Board Mee~,ng. Regufatorv Meet,ng Aprd 15 'Governing Board Workshop Aprd 16 'Governing Board Meeting.'Regulatory May 13 Governmg Board Workshop t):00 am May 14 Governing Board Meeting/Regulatory Meeting 8:30 arn;2:00 June 10 Govermng Board Workshop 9:00 am J.ne 11 Governing Board Meeting/Regulatory Meetmg 8:30 am 200 p., July 8 Govermng Board Workshop l) O0 ~r~ Juiy 9 Governing Board Meet,ng Regulatory Meeting ?, 30 am 2:0()I~m AugtCst 12 Governing Board Workshop ALi~.ItJS', I] G(~v~:rr~u~9 ['~oard Monitor19 [?~:9ulatory September 9 Governing Board Workshop 9:00 am Public HearlT~g on Tentative FY 99 M/I/ages & Budget D' /.5 I~f~ Se[)~emt)er 10 Governing Board Meeting Regulatory Meeting 8 30 am 20(1 Public t-te,]r/r~g on F¢nal FY 99 Ml?lages & Bfidget October 14 Qovernmg Board Workshop f~:0() Oclober 15 Governing Board Meeting, Regulatory MeelJng ~ ;~(I Novert~l)er 12 'Governing Board Workshop f) 00 am November l:j 'Governing [Joard Meelirlg 'i;legulatory Meet,ng .~; 30 (~r,i ? (l(I i,rH December 9 Governing Board Workshop 9:00 am December 10 Governing Board Meeting/Regulatory Meeting 8:30 am'2:O0 pm *Please note: April Board is in third week of month to accommodate PB County School-~s Spring Break. November Board is Thursday/Friday to accommodate Veterans Day (Nov I 1"'). I I I I I I I I I I I I I I I I I I I SOUq'tl FI. ORII)A WATER M,'\NAGIiMI(NT I)IST!~I(7!' .M AN,kG EM EN'I' L E'I'FE R FOR THE YEAR ENDED SEIrrFEMBER 3__~0~_1_9~)_8 1 I I I I I I I I I I I I I I I I I ?kRTHUR MANAGEMENT LETTER PURSUANT TO TIlE RULES OF TIIE A_UD[TOR GF~FOR TIlE STATE OF FLORIDA To the Governing Board of the ~mth Florida 'Water Xlanagement District: We have audited the general purpose financial statements of the South Flo~da Water .Managen~ent District (the "District"), as of and for the year ended ~ptember 30, 1998, anti have issued our repurt thereon, dated November 16, 1998. We conducted our audit in accordance with generalb,, accepted auditing stanclards anti Govcrmncnt Auditing Standards, issued bt' the Comptroller General o~ the United States. Those standards require that we plan and perform the 'audit to obtain reasonable assurance about whether the general purpose financial statemenLs are free of material misstatement. The purpose of this letter is to comment on those matters described in Rule 10.554(1)(e) as required by' the Rules of the Auditor General for the State of Floricla. /\ccordingly, itl connection with our audit of the general purpose financial statements of the District, as described in the first paral;raph, we rep~rt the following: A. CURR~~MENDATIONS Consistent with the prior ,','ear, there are no material weaknesses in financial management controls at tile District. However, opportunities will continue to arise to improve existing practices. Accordingly, the following recommendations to improve financial management, the District's accounting procedures and internal control structure were developed during the September 30, 1998 audit. REPORTING ON FIXED ASSETS Obse~'ation The District has invested over S1 billion in fixed assets. At yearend we noted that fixed assets had not been rolled forward nor reconciled to capital expenditures for the last quarter of the fiscal year (i.e. reporting was not t/mely). P, ecottzmettdatlot~ :ks the District has such a great investment in fixed asseL,; and a ctub. to maintain compliance over fixed assets in accordance with ~e Rules of the Auditor General. we recommend that the District evaluate its Sources to rep~rt timely on fixed assets and monilor comphance with the applicable rules and regu la t ions 1 I I I I I I I I I I I I I I I NDERSEN Due to unforeseen circumstances and high fourth quarter volume at .vearend. the normal tixed reconciliation schedule was not met. Sta~ assignmenLs have been made and w-rk contH~ues to reborn t~ the normal schedule. It is expected that the r~onciliations will ~, done nn thL'~r normal m,m~hiv schedule b)' ~une ~MATION SYSTEMS [)urmg ~h{, Course o( our audtt, we noted that much o( the [)Jstr:ct's at~qicat ~)n s,~lt',var,. ,., ,~ , ~ . q-d "~ and d~d m): offer ~eatures needed by Di.stzict [~ersonneJ The District currently operates various financial so[~'are applications that ate not in s~ep with current technology. Furthermore, ~ese applications are poorly integrated. This inefficient configuration is costly and will not effectively meet ~e D~trict's demand ~or op~mal use o~ increasingly scarce financi,;I ~SOUtC~S. The District should perform an intense, ~orough evaluation o[ financial software needs with emphasis on process efficiency and conSoL Other important [eatures o~ a new system would include intel;rat applications, so[h~'are maturi~., rehabili~, and compatibility with state-of-the.art compu ~er hardw,lre The District concurs. I I I I i I I I I I I I I I I I I I i I I / RTHUR A DE SE,',,: B. I'RIC)R ~ E ..'~ [,l 'the t~dlowln,~; ~s a sun~marv ~)t' the ."x.'ptember 30, ]t~7 recommendahon~ a~ communk,lh,d m tht' prmr year'~ man,b;ement h:tter dated .%'overn~,r 18, I~)7 and the current status ot imph'mentat.,n ~l Iht~, rc~'ommenda~mns In addmon, all recommendalmns made dur]m; earlier ,lud~l p,'r[,,,t~ ar,, tull~ I. Transaction Authorization ]-he Dl,,trlct shnuld preclude processing nf ch,lnge,~ to emphw,.e inh~rmahtm '~:ItJlO~lt i~r,~p,,rlv authorized/ amended withholding documents and preclude processing contnlct ,P,?menLs wlth()ut nil necessag, slg-,naturvsprovid ngauthorization/approval Failuretoahldebythemh,rnalc(~lr.l,,,,,,lt.rth by ~he l')istrJct may result in unauthorized payments and/or m~saj:~proprmtion Management concurs with the recommendation. However, the District recently changed third administrators (TI(.\) and ~'rocesses related to the de/erred compunsahon p~an. Em[)l,)v(,,.,s will autlmr~z,, all changes directly with the TPA by telephone or ~e [nlernet in the future h~ ttlr~% thL, written c~)n~irmalmn to the employee and an electronic chan~e h) the [)i.slricl The ()ll'~c~, General has schetJu]ed a chec~ register/voucher review [or March l~)g and will mcJud,, lo *)nsure that the recomrllt.lldatioll related to contract payment autJmrizatJons has I'~'t'tl C. rre~:t The District has implemented a new Deferred Compensation l.~rocedure. In accordance with Ibis new procedure, each employee is now responsible for setting up, and making changes to, their accoulll l'~)' either using the phone or the plan administrator's website. In designing this new procedure, the l)islricl made sure appropriate controls were present that prevented unauthorized transactions. Specifically, each employee Ls given or chooses a Personal Identification Number (PIN) that the), must use to access their account. Once an employee has made necessa~, changes, they are sent a confirmation, either m writ ~ F or by e-mail. The Benefits Unit also receives a monthly ba~'k-up reF,,rt from tl',e plan admmistr,m,r, reflecting all changes. The :\ccounts Payable Unit has reinforced their disbursement procedures. The .'\ccount.,~ l'ayal, h, Supervisor, the Treasurer and the Chief Financial Officer review all checks over $101L()dO to ensure thal they have proper documentat-ion, as well as signatures, before they are disbursed to vendors. (.)ur oftice selected 10 payments to test the controls of the current disbursemi.,nt procedure VVe found no instances in which payments were disbursed without proper authorization 1 I I I I I I I I I ! I I I I I ! I AARTHuI~ NDERSEN 2. Strategic Planning the [)l~,trlct should u.pdatt- ils brag-range strah,g~c plan capital and o~','ratmg bu~ g,.'t~ annu,lJlv that are properly a Management omcurs w~th the rtx'ommendation. District stall memN,r,, are ~n th,. i,r,~,.%% ,,I ul,,i,~lln); the Strategic Plan for consideration in time t~ guide the d,-'veh)pmenl ~t the i.x. ]~g~ bud!;,,,, (.)ur office rev~ev.'ed a draft cop3, of the DLstrlct's Strategic ['lan ]'hi... new lalan was dratted It delineates the Dkstr,ct's strategic goals, which are supported by current ant] pmp,.~,:d budq,,l% l'h,, District will have complied with this recommendation upon release ~( the m~ai C. trategic I'lan 3. Crant Accounting The District should develop a compliance checklist derived from the grant agret n~,,nt?, and for each grant type to assure that all applicable compliance rt~]uiremt, nts ar~, covt,r~,tJ '/his d., um,,nl would ~'e as a control device to facili~te compliance w~th all grant reqmr~'mt,:~ts ,md oversighLs X~mcompliance with stipulations set forth m the grant agreemcnt may r,'MJlt funding Management concurs with the recommendation. Several checklists have been developed by the Department of Con.struct~on and I.and 5. I,magcment checkhst is generic and contains sectmns in areas of Finance, Persc~nnel. ['rocurement ,lrltt I'ro~t'rJv other checklisLs are more specific in that they address compliance ISgtlt, S h'} ,I partite r );rant or The incorrect indirect c~)st rate, applied to the Aquatic ~'t'ed C,)ntrol Grant. specilically 207, Corps of Engintmrs (COE) Aquatic PI,mt Program, Management has developed a formal procedure (Lake Fund 207 Invoicing Procedures} to track both rates, m terms ,~f thfllars, ~m a monthly bas~s Tins alternative procedure adequately addresses this msue. I I I I I I I I I I I I I I I I I I i AARTHU NDERSEN 4. Security Violation Reporting and Review lye rtx'nmmend that wr,tten procedures bt, developed by ~e DLstrict requiring s.,curltS, vz-lat,ms h. revmwed on a d,ulv bas~s ¢uch revtew must ~ evidenced in writing to pr,w,h, tn,m,b;,,m,,m with means to verff~ that the contr,q ts actually m place and operating as mtendt,t~ The OIHce ()l' Inspector General plans to conduct a~!audit of Inlorm,ltmn svsh,m st'~ :lrItv Iht, audit currenth, m the planning stage and fieldwork will COmmence shmtly Nhmag,,m,:,t th.h.rs ils until the audit ~s completed and the spL~ific findings'are reviewed and evalu ~ted Written prch[odtlro5 have not been developed by the District to peri.tm a tl,~ll}' r~,,.'i~,w ~,I ~,,turl violatmns }to~,ever, the Inspector General's Off/ce has conchided an au,itt of th,, I3b, trict's systems secun~,. Our audit recommendeti that a dedicated posit~m bc ust,~bhsh,,d h,r ,m 5)'stems ~'curitv Officer. Management has concurred. C. (TFHER MATFERS in connection with our audit of the general purpose financial statements of the District. We rt~port the following matters described in Rule 10.SM(l)(e) as required by the Rules of the Auditor (;eneral for State of Florida: 1. No irregularities were reported in the preceding annual financial audit. 2. The DtStrict is exempt from filing the annual financial report with the [~epartmcnt Banking anti Finance pursuant to ~'ction 218.32(1)(a) bt'cause it is a conffmnenl unit the State of Florida, Department of Environmental Protection 3 The District is not and was not during the fiscal ,,'ear in a state of financial e:'i'~ergenc?. ,,is consequence of conditions describt, d in St'chon ";18.503(1). Florida Sta tu res 4. No violations of Jaws, rules and regulations were dis('overetI wilhin thc st'l~pt, financial audit that did or did not materially affect the financial 5 N'o dlegal or improper expenditures were d scovered wi/hit, the S('t~[~t? lit [bt' audit that tJid or did not m,~leriai/y affect the [itlanci,l] si,Itt'mt, IlLs I I I I I i I I I I I I I I I I I i I AARTHUR NDERSEN :':~' ma;ters requirim, corr~,ctnm :as de!ined bv b',uh,~ ~ tin, I0 5~l[1][e]~ ~ that dZd':~r d~d riot materzalJy altect th,. ~m,m~ ~al stah, ':~ts ~,.r,. l'he ~outh FlorMa Water .Management District {the '[hstrkt") ~s a puN. ~'~rp,,r.m,,n ,wgamzed under Fh)rida Statutes. Chapter 373 and contr, lk.d by a (;,w,.rmng H~,ard consisting; of rune mem~.rs appointed by the G,wernor to stl¢)'erpd h)tlr-,.,,,lr h.rms The [3istrlct is financndlv independent as evidenced by the aulhtw~t,, h, m,lk,, and . ppr~we ~ own budget, the power to tax. Ihe aulh~r:tv t(~ buy and s,,ll auth(~rm., to incur debt ']"he report 1.,, Inh,nded s~)leb., f-r the use of the Distrkt and the and sh.ujd nt)t be used for any other purpose. 'l'his restrlcthm Is this report, which upon acceptance by the Governing Board. is ,I matter ~'e~t Palm Beach. Florida, NovemN~r 1~, ]~8 CAPITAL PROG South Florida Water Management District CAPITAL PROGRAM DOCUMENT FISCAL YEA 1999-2003 Governing Board Frank V,'illiamson, Jr., Chairman, Eu.'gonc K Pcttis. Vke L hai~m,m M~t, hc'llW lk'rgor VeraM. Cartcr, Wilham E (;raham Wi~h.m If.mm, Executive Director Deputy Executive Director Trevor Campbell Michael Slayl.n Planning Department Daniel M. Car),.. D~roctt~r [)can Powoll DcpLzty D~rc'~t~r Policy, Economics & Business Division i Steve ReeL. Director Program Manager (}r u.g!.~ Mallm.Ecr Technical Assistance Dick March Kevin R(¢lt;c'r!; VifltZc [:Llr;.l~ ~rlc Maps l~rbara Br~vcn Design, Photography, & Printing SFWMD Visual Communications [)ivislorl Covur Design Chon Cralt 1 TABLE OF CONTENTS INTRODUCTION FIVE YEAR CAPITAL IMPROVEMENTS PLAN REVENUES &. EXPENDITURES STANDARD BUDGET REPORTING INDEX OF CAPITAL PROJECT SUMMARIES WATER RESOURCE LAND ACQUISITION/MANAGEMENT EVERGLADES RESTORATION Last V,'CA S'['A :, Rulunhcr~c'r Rc'~l~ratl~m Works ......... STA ~, St'ct? m ',; ' ' WCA OPERATION & MAINTENANCE OF REGIONAL FLOOD CONTROL SYSTEM lmm? >:;.t' "'.' ..','5.,,ti:~!l- ilupulr'- [~iku r)~:~ .h !',.. ;'~h'~:' 5!,,lI'';~ !".t? \~.{rlrl~ i'Ul)l~ Nl.lt:, :' !',.:. ~,:'..'.V (,Lilt R~_',q:,~umcr, t- Pr(,lu.t t'ui',: r'. :-'., :'l<,,~ r:lt'nt~ 5tr,.k'A:rc :.l,,,h;,.,t!',n- Rcl'alr. I(, ,) TABLE OF CONTENTS (CONT.) C(),~'~hat,.ht't' k.~na[ Ph,:l~c' IX.' h'nprovcmcnt> G~}ldcn (;:~tc C'dna] Weir ,: I Big C~Trcs~ Balm Water Management Improvements ........ WATER MANAGEMENT PLANNING & IMPLEMENTATION Water Resource Development/Critical Restoration Projects FLORIDA BAY/SOUTHERN EVERGLADES RESTORATION Florida [',ay C t I I i*'r, ,lcd Modificagons Fl(wida If, a,:: ,\lt;dilicd Water l)clive~' Project ......... KI$$1MMEE BASIN RESTORATION ...... Kissimmcc River Restoration ................................. DISTRICT/BASIN MANAGEMENT & ADMINISTRATION [', 50 Rcpla~.cmcnt ...... f:icld ()[,cra hon,, LOWER WEST COAST ECOSYSTEM RESTORATION I lenderson Creek Structure Modification ...................... DISTRICT BUDGET PRIORITIZATION SYSTEM Capital Budgeting Prioritization PrCx:css Paper ......... Numeric al Ra,,~km~s of Fiscal Year 1999 Program F. lcmcnt', Page 118 I ,?4 INTRODUCTION TheiYgq-2(fl)3 ' '' ~ t ,lt~ ....i'n~gram tlqaJmg S720 137.541) supports thc environmental cllhLirltctUcnl priorities described ill the ilgC, llCy'5 strait, pie Project StJmmanc~ :,t tt~c ~cope purpose past accomplishments ,urrent schedule dlld ~1 Jt,caith:rl map /or each capital projed that is Distrkl ~Wllt'd related. For FINed[ 'fear J~}~9 l~rty*lour ul,l) summaries COllJribtltc t~Wdrd several project pha-c, arc rutlcded m cakh ~umm~th' current and Jtltllrt' t~) District land acqu:>iti~ m dc>~gn, pcrm~ttmg and c~mstmctlon Thc Sccrctaa' ,,t. the ,M'm,.'. ~ required h) u ,replete thc leasibilily Cumprchcn~ivc Rcvltw Studv as um~ulatcd m The V..'ater RcSOUlcUS Dc'.'t copy of'thc ~m~pruhtm~i,.c pldn b',' }LIIv I 199~) Future editions td this Legislation cicscribcs thc dmtr~..~, implvmcntat~m s~ralcgy lor the water d~ ~( tlttlUlq arc, fld p[,,nnmg ]t'vt'J ;1Ild ;itu predicated upon antlt ip,'ttt;d Include expected s(,urcc, oI revenue h ~r planned improvemenLs and i> t(, bc prupart'd m ,, Ithlilnt fixed capmJl t~utlav Ik ~rmat de~'nbcd in Sectk m 216 (~3. Section 216 043 13)~bl t S. mandates a lull explanation ortho basis Ior program which rcqtnrcs lhu latility, an explanatkm of thc inability histnrical background MIernatwcs. ,:nd anticipated changes in operating c,,st> both mJt~,d ,md int()rmatl~ ~n i~ addrt'~-cd In thc purp,,sc ~cttion ~)f thc projed summarw~ EXPLANATION OF PROGRAM CATEGORIES It.(" ' :,l,i]: r I't,.).~rjm lc;c~ .:' / t': I'] ; Water Resource Land Acquisition & Management 2('~ dl'm~, '~i~.L ~)~;r !'i/, ~ :- '.~.~!:~ f~, ~LIp.,tI:~:! ~':~,,,,r,lr~,~ Pr~..crx',~!;, :: .! , : , , ~:',,.: .~ ,I~',;.,:I :: :~: ,~ir,:n'. ~ I,d,h .il~ ~] u~ Everglades Restoration thcJvcrgl,,dc-~ ,rt,,t'r 'k,t~,,pn,vldc d-~urldhahi~h~rthcl~ng Operations & Maintenance (O&M) of Regional Flood Control Systems works dlld Water Management Planning and Implementation W;ik'r t}tJJJi:v fl., ,.: "' It .t:', 'f~ ,,mid t!, Florida Bay/Southern Everglades Restoration Kissimmee River Restoration Ik.'tWcut~ 1'~2 ,~;~d i'?l thc' U .'4 ,\rmyCorpF,(ff I!rJglncersdrtd~cd th~ svstcm Itlb~ d 5~, mdc ~bl~aJ ff.' .~l In 1u76, Iht' J:l~,rlda l~gisJalurc Lrcdlc'd fittidv rco,mmcndcd a ~arlidl backfill plan Lo fill ah()ut 22 miles ()l thc c' .~ completed ;~b(,ul 43 tmlc~ ()t thc (~rlginal river channel will be ru~lorud and wetland %,,)1) hc rc~b~rud [hu Kl~ltl~rl~'c River RuM~)ration Pr~));r~m~ I~ ~,u~¢,]~,,lh, ,,;:r~, bC;rlL'I~iLI~ ?t;r:~' '~C- t~r 'L:~:b~ ~I~ :[~t' rc'?~ ,' ,~[~d jr1 J.,kc ()kuc'L h, ,J't'u ~'>', District/Basin Management & Administration "~' T',it~C, '~jL~lTL'tl!tr~t~ ~ r~,~Tt~ ~r,.]¢~ ,'~ :~u , : ', . ,~,. ~, :., ., ,~ ~.,',~ ~ ',, ,.:,~ , ,,, Lowe~ West Coas~ Ecos]stem Restoration DISTRICT BUDGET J"}RIORITIZATION PROCESS ARc'r, ~, , · Kk".Lk,;~ .... ' ""' "'/""/" [~' rxJdhh~h Lrllur,a h,r FY99 CAPITAL PROGRAM PRZORITIZATION PROCESS svs~cm und ,.LJ ,,.,,rip-,ih ,. · ' . . ,. ,t, , . ,, ,,I/, i 1 EXPLANATION OF CAPITAL PROJECT SUMMARY Each ~r,J;cct th~', vail he. L::~dcr,.vay durra§ fiscal years 1'499 to 2003 is u.. iLMc'd summary is ordered by pr~)grarn catc~oO. in the table of contents Capital Prolect i/~dcx acccwdmg ?, thc catcqones idcmilied m the standard budget rcpomng fi,treat dcscr pl OhS, ~chcdu',cs and cost infl~rmatlOR IS provided The [oH,>wlng IahJu Manager 'J, ,rq,~.: Parl. nershlps and C ,st Sh.wc Pr(:jccts and ¥, So)pc .'",.¥ c{ PF~ qt:c! P!',:lst. Description Title of thc pn)je,.t Malor program mca rci,rcsvntc,,i Pr,)gram att'a rcj'rt'sctv~.d E]cnlcrq,'aCtlViW art',~ rc;':t'~t'ntt'd EstllllatC oI' District September. l maintenance phas(. Name of thc pre,lust m,m,qlcr Name of each contributin!l scheduled dollar am~unt in-kind semccst Names of spccilic sub Tr car~'-ovcr pr,~lccts arc xic:.tll]c.t Briefly explains Ibc spec:tic their product and tmhty explanation of thc basis fi~r program which reqmrcs thc inability of existing facilltlt, S historical back~rt>tmd, additional ,~pcralmV o Lists the t,,p three ;. Lists thc t~ ,p three, :blcct:'.'cs Describes thc phasccs~ , during a part;cuiar tis, al []Stihl/IfC ~1 [)l'-~tk ' ~",1"'~ ,iztHrt ,; FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 1999-2003 South Florida Water Management District I,ANI} AC~IIISll'I()N 16G 1 ~Y,tl'l-:l( I():S()UI(('[: I)KVKI.( )I'.'H t:3'1 I'l(().lr:( '1 ~ .] REVENUES ,~UIIFACI-: WA'FIll{ I'l{O.II.:('l'.~ ] ~?r ~,Iz: ', .,::,i. : r...t i LTOTAL E X PEt~DITURE~ fl,v. Mo,,Hicd J,,dc~ ~,,~ FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 1999-200,3 South Florida Water Management District SUPPORT AND ADMINISTRATIVE FACII,ITIES CONSTI{UCTI¢)N EVERGI,AI)ES CONSTRUCTION PR()JECT* FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 1999-2003 South Florida Water Management District 16G l EXPENDITURES li(T P ' SI'A.I la. Il -"1 \Vt',t SFA-2 Work, X Ou'/:hr.~ I'S I(i3351 S.5.\ Balm Run,,ff Dr.¢r~,m Wurk~ 2.170,77 3.33'/'.455 25,958.676 8.887.868 3.279,31 20,782.7! 4.874 4' 30.~ 3.4~4,01' 301 34.~I C, 395 8~a 5.~58 241 4.4~9 '~63 'c~, ~ 0 0 .......... 4 ..... ~-'. {fi3 305 1. ' ';" I,ANll MANA(;EMENT II'IOOII,",%IVI-; ()1 'Il I 5.5 ? 4 I H 3 "_ '_ L?. '[? FIVE-YEAR CAPITAL IMPROVEMENTS PI.AN FISCAL YEARS 1999-2003 South Florida Water Mana§ement District 16' 1 035000 FYOI ' 4 FYO_._..~2 8.555000 t; 313 FV0__.A EXPENDITURES G-93 Automallon ~ Stahon M(~hficahon~ Repair, Lake Okccchobcc PS P cp<,v, er:nc Prolcct ( ulkcr! Rcpla~cm,:nT, .~tru¢lurc Modllicalhm,, Rc~a;r~ 1 620.000 535000 1,320,~00 Navnzamm I.ock~ Rcfur!'pdl:ncr~I~ 0 ('anal [ c~cc ~Luntcna:'.¢ 545 000 C(~.ha1¢hcc (:amd Pha.c IV h:~r,,'.cmcnt 1.720 000 BCB I.and Fa~cmcm~ 75 000 (hqdcn [ ;.~t¢ Lanai ~.t.'c~r -'*1 0 ('.mM ('-n'.c',.mcc (a~a,m, 1 3['5 000 I clcmcu, ! a~dm¢, [m£n-, c::,cn[~ 30o oo0 ~{1~~~,', cmcr,!~ TOTA~ 854 733 354 73:3 200.000 0 0 830,000 1 025,000 7%0 000 ;0~ 500,000 500.000 SOO 000 330 000 4t'5 0,/0 4,'n OOn ~,~,f, 1.13S DO0 1 215 0(.0 ',iff 0,)~) c .: " 2 500 C, LO ' I ,~ STANDARD BUDGET REPORTING INDEX CAPITAL PROJECT SUMMARIES Land Acquisition Water Resource Development Projects Surface ~¥~tRF Projects l lcndcr~, .~ C r~ck Structure M~xhfication ........ Support and Administrative Facilities Conslm~tion Field ~'~vratl ~ns Cc~qcr Everglades Const~ction Project STA-I East (mcludin~ C-%1 WcsL) STA-1 V,'cst V,'nrks and OuUlow Pump Statu)n (G310).. East ~','CA .xA i iydrnpattcm Rest,~r,m,,n STA-5 ..... OF 16G 1 J ), I,~ L' I 0 STANDARD BUDGET REPORTING INDEX OF CAPITAL PROJ£CT SUMMARIES (CONT.) Land Managcmcnt (Save Our Rivers/P2000) Operation and Maintenance of Regional Flood Control Systems Slnlclurc M~'~ifi~alh~n~ Rcpair~ Navigat~(m I ~-k Rcturbi~hmcnls ..... Canal q c~cc ,Mamlcnance C(kohalchce Canal Pha~c IV Improvemenls ~B land Ea~menls Cork~rew Lanai Impnwcmcnts CR951 Canal Impro~cmcnls .. . (](~]dt'P (~alct Canal Wc~r ~I L'unal L, ,nvcv;m~c Lapa~lty . Tclcmctp.' Facflmcs impn wcmcnL~ ......... t~g C)grc~ f~m Wa[ct Management Improvements Page 1 II 16G 1 WATER RESOURCE _LAND AcQuISITION/ MANAGEMENT (SAVE OUR RIVERS/PRESERVATION 2000) Save (')ur Rivers Status Map Save Our Rivers Acquired Lands Save Our Rivers Potential Acquisition Save Our Rivers - Targeted fo~ Acquisition of Outstanding Rights Other Significant Non-SOR Projects (includes acquired and future acquisitions) Water Resources Land Acquisition (SOR/P2000) WATER RESOURCES LAND ACQUISITION Major Program Name Program Element/Activity Name & Number Partnerships and ~ SOR, CARL strict-wide Water Resource rams IWalerResourceLandAcq/Mgmt ] IA~nd Acquisition Cost Share (SOR/P2000) i~ects FY 1999 Estimate $3 1 .o0o,oo0 Completion D a t e Ongoing Manager Contact Chuck Rinaldi and Costs within Activit..~_~ As a part of its mission, the District protects and manages the wetlands, lakes, bays, and rwers of south and central Florida for the purpose of safeguarding the quality and supply of the region's wa[er resources, now and for the future. The process requires the District to evaluate suitable lands, appraise lhom and make olher inspections and then negotiate with the landowner. Successful negotiations are memorialized ~n an Agreemonl for Sale and Purchase that is taken to the Governing Board for approval and then closed. Once acquired. Ihe Dislricl can implemenl management strategies to protect and enhance the water resources. - Purpose: Plan Linkage: SOR Land Acquisition & Mgr. Plan; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Additional Operating Costs: $1,500,000 covering five years. State law requires the District to manage water and related resources for the benefit of lhe pubhc while providing environmental protection and enhancement, water supply, flood control, and water quality protection. In 1981, the Florida legislature created the 'Save Our Rivers' program for the states water management d~stricts to acquire environmentally sensitive rand. The statute enables the water management districls Io use certain funds to acquire fee htle and other interests in land needed Id manage, protect, and conserve the slato's walor resources. The Preservation 2000 Act, enacted by the Florida legislature ~n 1990. also added land acquismon tunds Io tho Save Our Rivers program. The Conservation and Recreation Lands (CARL) program ~s the Dopadmom of Environmenlal Proteclion's (DEP) counterpart Io the waler management districts' SOR program 1997 1998 ~ 1998 ' JAcquisitions in CREW Project ~u~s~tion in Atlantic Rid~stem Phase ~isition ~Permittin,q_ Construction Project FY 1999 __O&M Total Cost $31 M Phasl Schedul FY 2000 1999 Objectives acqt,usihon programs m SOR FY2001 $30M FY 2002 FY 2OO3 S30M S34 8M _.~ 16G 16 WPA Study Area ~ Exkt~g Emt Corot B~ir IAd~r~o~ll Wit*Ir Pr,~,irvl A~i~. WPA's Land Acquisition in East Coast Buffer 1 Major Name Program Element. Activity Name & Number Partnershi_ps and IP2000~'Farm B,II - CARL. 100% S c~_~..p e: The lands and hydrologic systems of SOuth Florida have been greatly altered as devoloprrenl t~aS progrf;s%ed WPA's LAND ACQUISITION IN EAST COAST BUFFER Program Fstrict-wide Water Resource FY 1999 ~ams Eslimate $28,400.000 WaWa~ResourceLandAcq/Mgm, ] C°mpletion I D a t e December 31, 2004 IAa06. Land Acquisition ] Manager C o n t a c t Dawn Ro~(f Cost Share Projects and Costs within Activity__ 50 50 [ 1992, Congress authorized a Comprehensive Review Study of the Cenlral arid .%outnorr~ Florida Prelect I,~ (Restudy). Its purpose ~s to determine the feasibility of re-engineering the system for restoration of lho Everglades and Florida Bay ecosystems while providing for olher water related needs Water Preserve Areas Od/PAs) have been iden,fied as a major element of the Restudy. The WPAs included here and delineated in tho Save Our Rivers Land Acquisition and Maqagement Plan are identified as the East Coast Buffer. Tho East Coast Buffer consists of a tolal prelect area of 70.883 acres Iocalod in Palm Beach, Broward and Miami. Dado Counties The WPAs are envisioned as a system of marshlands, reservoirs and aquifer recharge basins that could be managed to store excess runoff, restore nalural flow patlerns, recreate wetlands, provide water quahty treatment and provide a buffer between the Everglades and development 1 Purpose: Plan Linkage: SOR Land Acquisition & Mgt. Plan; Areas of Responsibd~ty, water supply, water quahty, flood protection, natural systems; Anticipated Additional Operating Cosls: $200.000 covering five years, The WPAs have six objectives: 1)Wellands to enhance or maintain their ecological value; 2) Reservoirs lot uso as slorage facilities; 3) Stormwater atlenuation areas to attenuate flood peaks and temporarily capture water lha~ would bo lost to tide; 4} Water quality treatment areas Io improve the physical, chemical and bio;og~cal quality of surface waters; 5) Groundwater recharge areas to allow surface water ID m~grate downward to the water table: and 6) Mitigation areas to offset the loss of natural lands elsewhere. 1997 1998 Accomplishments /'~"~ Coast Buffer - s~gned contracts and closed since 10/t/97 - 43 tracts of land in Dado and J Broward Counties for a total of 321 acres Phase Land~isition ~Permittin~._ Construction O&M Monitorin Total Cost Project FY 1999 S28.4M 1998 1999 Ob'ectives Continued land acqu~sd~on Phase Schedule FY 2000 FY2001 FY 2002 $0 F...X 200._._~3 ~ POLK 2 ~ RUSSL~ ROAD flENDRY coI~ RONRO~. DADE o 2o A [LAN DC OCEAN Public Use Facilities Major Program IDistrict-wide Water Resource Name Mt~ms [ $0 P r o g r a m [Water Resource Land Acq/Mgmt Oct. 2003 & Element/Activity lab06 - Development of Public Name & Number [Use Facilities LesWood Partnerships and Cost Share Costs within Activity~ FY 1999 Estimate Completion Date Manager Contact Projects and The scope of work is to construct appropriate public access day use and security facilities on Save Our Rivers (SOR) lands at locations to be determined by the SOR 1999 Land Acquisition and Management Plan. The work would be site work, access road, retention swale(s), caretaker facilities if appropriate, p~cn[c benches, vehmle parking, trailhead and nature trails, overlook observation boardwalks and elevaled platforms, information kiosk. handicapped features, fencing and xeriscape landscaping. The projects are predicaled on Ihe premise that appropriate public/private volunteer work and fund contributions will be forthcoming to ful!y complele projects. Purpose: Plan Linkage: SOR Land Acquisition &Mgt. Plan; Areas of Responsibility: water supply water quality, food ' protection; natural systems; Anticipated Additional Operating Costs: $60,000 covering five years. F orida State 1981 Resource Rivers Act legislation requires lhat appropriate public access facilities be provided as an adjunct to the SOR land acquisition program. Additionally, these projects and others in the SOR public access program will foster a positive public image of the SOR program. Basis for 1999 projects is Florida Statute 373.59(10) and District Land Management Policy 5,001 which requires lhat SOR lands be accessible lo the public for recreational uses. 1997 ,' 1998 Accomplishments Corkscrew Marsh Pub. Use Facilities Shingle Creek Pedestrian Bridge Lake Russell Environmental Center Rd. Phase ~n ~rmittinL Construction O&M Total Cost Pro_j.ect Phas~ FY t 999 $0 1998 / 1999 Objectives No projects scheduled untd FY2000 Schedule FY 2000 $300,000 FY 2002 FY 2003 $300,000 Itt EVERGLADES RESTORATION LAKE OKEECHOBEE 22 STA- 1 East (including C-5 1 West) STA- 1 EU ST ([NC UDINO C-5 1 WEST) Major Program JReg~onal Restoration Program Name I P r o g r a m Ev~lades Restoration Element Activity rEverglades Const Proiect Name & Number ~~ncl. C-St W). Be10 Partnershi_ps and Cost Share iThe Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%).tolls {2.5%'). FPL Mit. (2 I%), 2000 (5.3%). Federal (23.5%) FY 1999 Estimate Completion Date Manager Contact ects and Costs $3.337.455 July, 2004 P. Moczynskt (CEE)/ Jim] J within Activity~ asr (incl. C-51 Wesl) will consist of a slormwater treatment area of approx. 5350 acres (effective J eamentreatment area) including canal enlargement, levee conslruction, water control structures, and pumping jtrst~it°ns- The construction will also include fha relocation of a power transmission hne. Construct,on of STA1 'JEast will reduce the long-term flow-weighted total phosphorus concentration in runoff from the C-51 West Basin to 50 parts per bdlion prior to its discharge Io Water Conservation Area 1. The objective is Id reduce the phosphorus levels in waler entering the northern Everglades ecosystem to an interim target of 50 parts per billion. Purpose: ~ of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: Sl.522,033 covenng five years. Florida's Everglades Forever Act (passed m May '94) outlines a comprehensive plan to restore a significant port,on of the remaining Everglades ecosystem through land acqu~s~lion, conslrucbon. research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the s9read of exotic species. The Act prowdes direchon to the SFWMD to seek participation of tho USACE for the design and construchon of STA-1E. With the passage of the federal Water Resources Development Act in late 1996. the USACE was authorized to complete the design and construction et STA-1E. ]'ho D~strict and tho Corps are currently negot~ahng a Proiect Cooperative Agreement (PCA) dehnmg the ~esponsibihtios el each agency during the remaining design, construction and operational phases of tho project 1997 ~, 1998 Accom_plishments Execute Project Cooperahve Agreement Approve Land Grant Agreement w; USDOI Pro Phase ~sition )esig~ / Permittinq ;onstruction _...__....,_._._ ~&M Monitorin Total Cost ect Phase FY 1999 $3 337M 1998 1999 Objectives Complete Detailed Design Report (DD[q) Complete demgn for PS 319 Schedule FY 2000 $3 390M FY200t $2 252M FY 2002 S ! 205M FY 2003 OKEECHOBEE 24 STA-IW Works and Outflow PS (G-3 10) 16a STA- 1W WORKS AND OUTFLOW PS (G-310) N a m e tonal Restoration Program $ 25,95 L~. ii 76 Estimate Program IEverglades Restoration Completion [ Date January t. 2000 ElemenPActivity [Everglades Const. Project Manager Name & Number [STA1 W & PS Ba20/22 Contacl V~ctor Powell, p E Partnerships and Cost Share and Costs within Activity~ The Everglades Censtruction Project is being funded by various sources. Agtax (21.6%), ad valorem (45%), tolls (2.5%). FPL Mit. P2000 (5.3%), Federal (23.5%). (2.1%), iProjects e: ~Vesl Works will involve the construction o! a 6,700 acre wetland, which incmporalos Ihe existing ] 'Everglades Nutrient Removal Prelect (ENR), 18 miles of levees, three concrete spillways, culverls and relaled ancillary facHihes STA-1 West Outflow Pump Slation (G-310) a 2,800 cfs capacity pump slahon Ks located at the south edge of Cell 5 in STA. I Wesl Works and directly southwest of tho existing O-251 outflow pump slation for lhe ENR project. It wdl d~scharge to Water Conservation Area ~ ILoxahatcheo Nalional Wddhte Refu.qo). P u_...~j~ 0 s e: Areas of Responsibdity: water quality, natural systems; Anticipated Additional Operaling Costs: $4.723,829 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydropenod), and prevent the spread of exohc species. The overall restoration and cleanup after1 described in the Act ~s known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out tho Everglades Program. These STAs will be large constructed wetlands that receive stormwater runoff from the Everglades Agricultural Area. adjacent walersheds and regulatory releases form Lake Okeechobee. lne purpose of this project ~s Io reduce the phosphorus levels in water entenng Ihe northern Everglades ecosystem Io 50 parts )er billion 1997 ,, 1998 Accomplishments 1998 1999 Obiectives JConst. Contracl executton, Notice lo proceed, ['Ongoing construction and complehon of JBegin Constr . STA-IW - Plans Compl.. Contract J STA-1 W . geg,n Const STA-t Out. ~'~ ,'~ [Contract Award. Beqm Const STA. 1W. P.S. [ Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning Land Acquisition '" Design / Permiltin,q Constr.ction ~ ~ ~ ~ (~ ~: Monitoring ~ ~ ~ ~ ~ ~~~.. ~ TotalCost $25.958M $8 30~,343 '$0 $0 '$0" LAKE OKEECHOBEE -'7-- I WCA 1 Inflow and Distribution :-51 WCA 2A 26 STA-I Inflow and Distribution Works STA-1 INFLOW AND DISTRIBUTION WORKS Major Program Name Program Element/Activity Name & Number Partnerships and IRegional Restoration Program Everglades Restoration IEverglades Consl. Proj. STA 1 & D Be21 Cost Share The Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit.(2.1%). P2000 15.3%), Federal (23.5%) Scope: FY 1999 I $1,870,557 Estimate CompletionDate I December 3'' 2001 Manager I Contact M,ke Curloy Projects and Costs within Activity, This project redirects the discharges from the SS-A Pump Station via the L-40 an0 L-7 Borrow Canals to the proposed STA-1W or STA-1E. The work includes the construction of three (3) water conlrol struclures (G- 300, 301 and 302) and associated by-pass perimeter levee leading lo lhe STA. 1W project. This project will also include the construction of Structure O-311. This will be the inflow water control structure direchng flows from the S-5A into STA-1E and will be constructed concurrent with STA-1E. Areas of Responsibility: water quality, natural Systems; Anticipated Additional Operating Costs: $146,360 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan Io restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve waler quality, water quantity (hydroperiod), and prevent the spread of exobc species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry oul the Everglades Program. Most of the work effort will be Ihe responsibility of the SFVVMD. The obiective of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to an interim target of 50 parts per billion, 1997 ~ 1998 Accomplishments 1998 1999 Objectives IOngoing construction IOngomg const. & complehon of STA-1 I Inflow ar,d D~str~but~on Works Project Phase Schedule Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning Land Acquisition Desi,qn / Permittin,q Construction ~.~ ~ ~ ~i~,"~ ~'~ f~'~ Monitorin~ ~ Total Cost $1.870M $669~413 $1.379M $357.609 $0 16G 1 LAKE OKEECHOBEE _J STA-2 S-6 WCA 1 WCA 2A 2~ STA-2 Works and Outflow PS (G335) 16G 1 STA-2 Wombs AND OUTFLOW PS (G335) Maj°r Pr°gram [Regional Restoration Program ] FY 1999 Name Estimate $34.024.470 Program Ev~lades Restoration Date Completion [ Element,Activity IEverglades Const. Proj. Manager r Name & Number [STA2W&PS Ba30/22 Contact [ ~ and Cost Share Projects and Costs within [The Everglades C-~'nstr~ P~S be,rig lfun,ded .by venous sources.- Aglax (21.6%), l I ad valorem (45%),tolls (2.5%), FPL M,t. (2.1%), lP2000 (5.3%), Federal (23.5%) S c__~__p e: STA-2 wd~ be developed to provide a total effective Ireatment area of 6,430 acres, siluated generally er] and May 30. 1999 A~s RamseL.~ Activity__ surrounding the Brown's Farm Wildhfe Management Area There will bo a feral of approxmmlely 17 milos of levees conslructed m the inflow, interior and discharge works combined This project will also include lho construction of STA-2 Outflow Pump Station (G-335) , a 3,400 cfs capacity pump stahon located al the southeast COrner of STA-2, which will discharge into Water Conservation Area Purpose: Areas of Responsibility: water qualily, natural systems; Anticipated Additional Operating Costs: $4,462,373 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan Io restore a significanl portion of lhe remaining Everglades ecosystem through land acqu~mtion, cons/ruchon. research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall resloration and cleanup effort described m the Act is known as the "Everglades Program." The primary components of the ECP are the six (6) Stcrmwater Treatment Areas. referred to as STAs These STAs will be large constructed wetlands that rece,ve slormwalor runoff from the Everglades Agncultural Area, adiaCenl watersheds and regulatory releases form Lake Okeochobeo. Tho purDoso of this project ~s I0 reduce the phosphorus levels in water entenng lhe northern Everglades ecosystem ~o 50 part )er bdlion 1997 ' 1998 Accomplishments 1998 1999 Obiectives [Const. Contracte×ocut,on. Noticetoproceed. I IOngo,ng construc,,on anJ complehonof IBegin Constr.. STA-2 Project Phase Schedule Phase FY 1999 FY 2000 FY200I FY 2002 FY 2003 Planning Land Acquisition " Design / Permittin.~ Construction ~- ~i ~ ~! ~ .... ~ Moniloring ~ ~ .~_ ~ ~ ~ ~~~~ Total Cost $34.0~4M $7~684.298 S0 $0 $0 OKEECHOBEE C-51 CONSTRUCTION ~%. National \% I Wildlife ~q. I Refuge x~x~ WC~ ~A 30 S-5A Basin Runoff Diversion Works S-5A BASIN RUNOFF DIVERSION WORKS Major Program IReg,onal Restoration Program Name I P r o g r a m I Everglades Restoration E I e m e n t~ A c t i v i t y{ Everglades ConsL Prol Name & Number 1SA Basin Diversion Ba3t Partnerships and Cost Share IThe Everglades Construction Project is being funded by var,ous sources. - Agtax (21~6%) advalorem {45%).tolls (25%). FPL Mit. (21%). P2000 (5.3%), Federal (23.5%) scope: Projects FY 1999 J $8.88 7.86'J Estimate I Completion May ~. 2000 Date Manager C o n t a c t Ralph Hayden and Costs within Activity The scope of work includes lhe enlargement of lhe Ocean and Hitlsboro Canals and consmJcl,on of G 3,11 A portion of the runoff and agncultural d~scharges from the S-5A Basra wdl be redirected from .~lormwaI¢;r Treatment Area lW to Stormwater Trealmenl Area 2. The basic objqct~ve of these rnod*f~c, ahons and improvements ~s to reduce the tolal phosphorus load discharged to the Arthur R Marshall Loxahatchee Nalional Wildlife Refuge. Purpose: Areas of ResDonsib,hty: water quality, natural systems; Anticipated Addit,onal Operat,ng Costs $I,16011 covering five years. Flonda s Everglades Forever Act (passed ~n May '94} oulhnes a comprehensive plan tO restore a s,gmficanl portion of the remaimng Everglades ecosystem through land acqu~s,tion, conslru¢.tion. research and regulation. The general goal is to improve water quality, water quantity (hydroponod), and prevent the spread of exotic species. The overall restoration and cleanup effort doscubod m the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate effods to carry OUt lhe Everglades Program. MOSl of the work effort will be the responsibilily of the SF'WMD. The purpose el th~s project *S I0 red~rect a podion of S-SA Basin flows Item STA 1W to STA 2 and lhoreby reduong phosphorus loading to the Loxanatchee Nalional Wddlife Refuge (WCA-1) 1997 ' 1998 Accomplishments 1998 1999 Objectives canals (Ocean and Hdlsboro ;1rid G 341) Project Phase Schedule Phase FY, 1999 FY 2000 FY200t FY 2002 FY 2003 plannin,q Land Acquisition Dost,on / Permittin.q Construction M._onitoring Total Cost $8 887M $6.395M $0 $0 LAKE OKEECHOBEE I '---'"'- D ~ ""%. ",,, .. ~ ~- N~ ~ s-6 WCA-2A Hydropattern Restoration .~2 WCA-2A HYDROPATTERN I~d~STORATION Major Program I IRegional Restoration Program Name ~ P r o g r a m [ Everglades Restoration Element/Activity IEvergtades Const. Proj. WCA- Name & Number [2A Ba33 Partnerships and Cost Share ITheEverglades Construction Project is being funded by var,ous so, urces. Agtax (21,6%), ad valorem (45%), ,oils (2.5%), FPL Mit, P2000 (5.3%), Federal (23.5%) (2.1%) Scope: FY 1999 Estimate Completion Date Manager Contact Prelects $3,279,316 October 31, 1999 Agnes Ramsey and Costs within Activity, WCA-2A Hydropattern Restoration Works consists of a modification to the ex,shag L-6 levee and borrow canal. The levee and borrow canal w~ll be modified to result in a sheet flow approximation along the northwoslerly perimeter of WCA-2A, restoring hydropattern. The sheet flow will allow wider distribution of water to the Conservation Area therefore resulting in an approximation of the nalural Everglades system. This modificahon will exlend from the new outflow pump station for STA-2 northeasterly to the STA-2 inflow canal from S-6. a total length of approximalely 39,750 feet. Purpose: !Area of Responsibility: natural system; Anticipated Additional Operating Costs: S168,092 covering live years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan lo restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulalion. The general goal is to improve water quality, water quantity (hydropenod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Acl is known as the "Everglades Program". The Act calls on many state and federal agencies Io coordinate efforts to carry out the Everglades Program. Most of the work effort will be Ihe responsibility of the SFWMD. The purpose of this project is to improve the volume, timing and distribution of water entering the Everglades. 1997 / 1998 Accomplishments 1998 1999 Obiectives Pro~ect Phase Schedule Phase FY 1999 FY 2000 , FY2001 FY 2002 FY 2003 Planning Land Acquisition Design / Permitting Construction ~ o & M Monitorin~ ~_-_-~-~-_-~-_- ....~~ ~ ~ Total Cost $3.279M $1.179 $0 $0 $0 LAKE OKEECHOBEE , / / \, / Pum~ Station $-7 ,, Hole¥ Pump \L-23 "' WCA 3A L-5 WCA ~ t WCA 2A STA 3/4 Womcs STA 3/4 Wombs Major Program I IRegional Restoration Program Name P r o g r a m IEverglades Restoration E I e m e n t. A c t i v i t yI Everglades Const. Proj. Name & Number ISTA3/4 Ba40 Partnerships and Cost Share IThe Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%),tolls {2.5%), FPL Mil, (2.1%) P2000 (5.3%). Federal (23.5%) ,Scope: FY 1999 Estimate $20,782. 799 DateC°mpleti°n I Oct°her "2003 Manager L Contact . RandyBushoy, P.E. l,,P, rojects and Costs within Activity 1 Stormwater Treatment Area 3/4 wdl be developed lo provide a total effective treatment area of 16,600 acres. extending generally from the Holey Land to U.S. Highway 27and north approximately. 3 5 miles hem L-5 levee and canal system. STA 3/4 is intended to accommodate inflows from the S-8/S3 arid S-7/S-2 Basin~. The project will include the construction of Supply canals, Inflow Pump Slation G-370 and G-372. gated spillway 371 and G-373 and U.S. Highway 27 Bridge Relocation. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $129,999 covering five years. Florida's Everglades Forever Act (passed in May '94) outhnes a comprehensive plan to restore a significant portion of Ihe remaining Everglades ecosystem through land acqu=s~tion, construchon. research and regulation. The general goal is to improve waler quality, water quanhty (hydroper~od), and prevent the spread of exotic species. The overat! restoration and cleanup effort described in the Acl is known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. These STAs will be large constructed weCands that receive stormwater runoff from tho Everglades Agncultural Area. adjacent walersheds and regulatory releases form Lake Okeechobeo. ]'ho purpose of this project ~s to reduce the phosphorus levels in waler entering the norlhern Everglades ecosyslem Io 50 parts )er b,llion. 1997 1998 Accomplishments 1998 1999 Obiectives Project Phase Schedule Planning Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Land Acquisition Design / Permitting Construction O&M Moniloring TotalCost $20.782M $5.658.241 $4 489663 5 78416M IS 51 977M ~4KE OKEECHOBEE Hole¥ Land L-23 1 STA 3/4 L-5 WCA 3A Station C-51 WCA 2A 36 East WCA-3A Hydropattern Restoration EAST WCA-3A HYDROPATTERN RESTORATION Major Program Name Program Element/Activity Name & Number Partnerships and Regional Restoration Program Everglades Restoration Everglades Consl. Proi. East WCA.3A Ba41 Cost Share IThe Everglades Construction Project is being funded by va.ous sources.- Agtax (21.6%), ad valorem (45%).tol~s (2.5%), FPL M,I. (2.1%), P2000 (5.3%). Federal (23.5%) Scope: FY 1999 Estimate $0 Completion April 30. 200,1 Date Manager [ Contact Randy Bushey, P.E Proiects and Costs within Activity The District is mandated to complete the construction and modificalions of water control fac~hties and levees. required to utilize treated discharge from STA 3/4 as a source of waler for hydropattern restoration el norlheast WCA-3A. Discharge w41 be directed across the northerly perimeter of WCA-3A (east ct the Holey Land) for a length of approximately 9 miles. The objective of this plan element is to restore hydropattern along the northerly perimeter of WCA-3A west of the Miami Canal and east of Levee L-28. Purpose: Area of Responsibility: natural systems: Anticipated Additional Operabng Costs: 'Fo be determined Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a s~gmhcant porhon of the remaining Everglades ecosystem through land acquisihon, construction, research and regulation. The general goal is lo improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program". The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The objective is to ~mprove the vOlume, timing and d~str~t)uhon Of water ente.ng the Everglades. 1997 1998 Accomplishments 1998 1999 Obiectives Project Phase Schedule Phase 'FY 1999 FY 2000 FY200t FY 2002 FY 2003 Plannin~ Land Acquisition Desi.qn / Permitting ~~j~ Ii~i~.~? -- O&M Monitorin9 TotalCost $0 $705,946 I $148.115 ] $6 361M I S5 57,1M OKEECHOBEE 1 "C-51 C.13~. BAS~ WCA 1 STA-5 Discharge ~ ,73 M,~na~emenl Hole¥ ^,,,, Land WCA 3A L-5 WCA 2A 58 STA-5 STA-5 Mater Program I' Nam e Regional Resloralion Program P re g ram l'Everglades Restoration Element;Activity i~verglades Const. Proj. Name & Number Be50 Partnerships and Cost Share IThe Everglades Construction Project is being funded by venous sources - Aglax ad valorem (45%).tolls (25%). FPL Mit. P2000(5.3%). Federal (23.5%) (2.1 ,Scope: Eslimate $4.824,4 18 Completion Date July 21. 2004 STA ] Manager Contact 'i-om Johns, P.E Projects and Costs within Activil)/ STA-5 includes but is not limiled to the cor4~uction of e welland of approximately 5,120 acres. Included in STA 5 are more than 18 miles of canal and levee construction, concrete culverts with sluice gales, lelemetry controls and related ancillary fac~hties, modifications Io lhe existing L-3 levee and conslruction of four seepage/supplemental waler supply pump stations. STA-5 is intended to improve the quality of water discharged from the C-t39 Basin. Purpose: Areas of Responsibdity: waler qualily, natural systems; Anticipated Additional Operating Cosls: $3.664,288 covering bye years. Florida's Everglades Forever Act (passed ~n May '94) outlines a comprehensive plan to restore a signdicant portion of the remaining Everglades ecosyslem lhrough land acquisition, conslruction, research and regulation. The general goal is Io improve waler quality, water quantity (hydroperiod). and prevent the spread of exotic species. The overall restoralion and cleanup effort described in lbo Acl is known as the "Everglades Program". The Act calls on many stale and I'ederal agencies to coordinale efforts to carry out Everglades Program. These STAs will be large constructed wetlands that receive Stormwalor runoff frorn Everglades Agricultural Area, adiacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is ~o reduce the phosphorus levels in water entering Ihe northern Everglades ecosyslem Io 50 paris )er billion. 1997 / 1998 Accomplishments 1998 ' 1999 Obieclives JConsl. Contract Execulion, Nolice to Proceed, JOngoing conslruchon and complol~on of jRegin Construction . STA-5 Works J STA-5 Works and Discharge Canal Pre ect Pha~ Schl .__.._._.._. Phase FY 1999 FY 2000 FY200I FY 2002 FY 2003 Land Acquisition '---"---'--- "'"'---'------- ~ -------------- ..----_____...__ Monitoring T, otalCost $4.824M $0 $0 $0 St 065M OKEECHOBEE WCA 1 '-,. ~ ,,,,/ Land ~ WCA 2A WCA 3A C-51 Rotenberger Restoration Works ROTENBERGER RESTORATION WORKS NameMaj°r Program [Regional Resloration Program P r o g r a m [Everglades Restoration Element. Activity [Everglades Const. Proj. Name & Number ~Rotenber.qer Partnerships and Cost Share The Everglades Construction Project is being funded by va.ous sources- Aglax (21.6%), ad valorem (45%), toils (2.5%). FPL M~t. P2000 (53%). Federal (23.5%) Ba51 (2.t%), Scope: Projects FY 1999 Estimate $853.152 Completion I February 3, 2000 Date Manager Contact Fhch Virr~fl. PE. and Costs within Activity/ This plan element is inlended to restore hydropattern on lhe Rolenberger Tracl, a total of jusl over 29,000 acres. A Pump Station of 240 CFS is planned along the western edge of the tract adjacent Io STA.5. In add~tion four culverts are planned along the east side on Miami Canal. Hydropattern rosloralion w~ll restore lbo doplh, duration of flooding, t~mlng and distribution of freshwater flow in an area where this distribution has diminished. Purpose: Area of Responsibdity: natural systems; Anticipated Additional Operating Costs: $233,000 cove.ng hve years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive Dian to restore a signdicant pOrtion of the remaining Everglades ecosystem Ihrough land acqu~s~lion, conslruchon, research and regulation. The general goal is to improve water quality, water quantity (hydrope.od), and prevent the spread of exohc species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort wdl be the responsibilily of the SFWMD. The purpose of thrS project is to improve volume, timing an0 dislribution of waler entering Ihe Everglades. 1997 1998 Accomplishments 1998 1999 Objectives award conlract, start construction Project Phase Schedule Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning Land Acquisition Design / Permittinq constructio. 0 & U Monitorin~ Total Cost $853,152 I $580.305 $0 $0 S0'" i C-13~ J STA l SICTION 1 LAKE OKEECHOBEE Holey Land ,.,-] WCA 3A WCA 2A I-5 C-51 WCA 1 .,/ 42 STA-6 Section II 16G STA-6 SECTION II Name & Number ISecton2 Ba62 Contact J~m Kunard. Partnerships and Cost Share IThe Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%).tolls {2.5%). FPL Mit. (2.1%). P2000 (5.3%t. Federa~ (23.5%) Scope: IProiects and Costs within Activity 1 STA-6 Sect,on 2 Will involve the addition of 1,430 acres of stormwater treatment area to treat runoff from USSC Umt 2 and from the lower C-139 Basin prior to discharge ,nto the Miami Canal and eventually into the Everglades Protection Area. The improvements consist primarily of new inflow, outflow, exterior and perimeter levees; inflow structures, and outflow structures; new bridge; and seepage return pump station. Purpose: Areas of Respons~bdity: water quality, natural systems; Anticipated Adddional Operahng Costs: $0. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a s~gnihcant portion of the rema,ning Everglades ecosystem through land acquisition, conslruction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. Thc overall restoration and cleanup effort described ,n the Act is known as the "Everglades Program" The Ac! calls on many state and federal agencies to coordinate efforts to carry oul the Everglades Program. The primary components of the ECP are the six (6) Stormwater Treatment Areas. referred to as STAs. These STAs will be large constructed wetlands that receive stormwaler runoff from the EAA. adjacent watersheds and regulatory releases form Lake Okeechobee The purpose of lhis project ~s to reduce phosphorus levels in water entering the norlhern Evergla0es ecosystem to 50 parts per billion 1997 ' 1998 Accomplishments 1998 1999 Objectives [STA 6 Sect,on II- Detailed Des,gn Comi)letion II I Project Phase Schedule Phase 'FY 1999 FY 2000 FY200t FY 2002 FY 2003 Planning Land Acquisition ~'~ Design / Permittinq ~~'~.'.. !~?~.~?'_.i~;j~_!~i~'~i~i!;! Construction ~..~~ O&M Monitorin~ TotalCost $30,695 $4.529M $26,593 ~ $13,563 ~ $5.160M l..AK£ ~ OKEECHOBEE Holey Land L.4 LEVEE ,, C-51 WCA 1 L-5 WCA 3A WCA 2A 44 West WCA-3A Hydropattern Restoration WEST WCA-3A HYDROPATTERN I STORATION Malor Program IReg,onal Resloralion Program Name I Pro g ram IEverglades Restoration E I e m e n t. A c t i v i t y Everglades Const, Proj. West Name & Number WCA-3A Ba63 Partnerships and Cost Share IThe Everglades Construction Proiect is being Ifunded by vanouS sources- Agtax (21.6%), lad valorem 145%l,tolls (25%), FPL M~t. (2.1%), IP2000 (5.3%1. Federal (23.5%) Scope: FY 1999 [ $5,666,064 Estimate Completion I July 1. 1999 Date Manager I Contact R,ch V~r(::j~l, P.E. iProiects and Costs within Activity 1 The objective of Ih~s plan elemenl is Io restore hydropaltern along the northerly perimeter of WCA-3A wesl of the Miam~ Canal and east of Levee L-28. This will be accomplished through the development of a sheet Ilcw approximation along the affected three mile length. The Sheet flow wilt allow wider distnbution of water to the Conservation Area therefore resulting in an approximation of the historic natural Everglades system, The source of water supply for th~s sheet flow will be discharges from the Rotenberger Tract and the outflows from STA*6. Purpose: Area of Responsibility: natural syslems: Anticipated Additional Operating Costs: $1,954,268 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan Io restore a significant )ortion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation The general goal is to improve water quality, water quantity (hydropenod). and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act ~s known as lhe "Everglades Program". The Act calls on many state and federal agencies Io coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The objechve is to ~mprove the volume, timing and :listribution of water entering the Everglades. 1997 , 1998 Accomplishments 1998 1999 Obiectives Pr~ ecl Phase Schedule Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY 2003 [Planning Land Acquisition Design / Permitting Construction Monitorine Total Cost $5 666M $0 $0 I $0 $0 OKEECHOBEE k)uth FL Con~ervll; South Shorn )O Cloeter Farms DD ~ Fa~m= C-51 WCA 1 WCA 2A 4~ 298 Districts Diversion Works/Closter Farms 298 DISTRICTS DIVERSION WORKS/CLOSTER FARMS Major Program N a m e egional Restoration Program P r o g r a m IEverglades Restoration Element Activity IEverglades Const. Prol. Name & Number [298 Districl Works BaT0 Partnerships and Cost Share IThe Everglades Construction Project is be,ng funded by var,ous sources . Agtax (21.6%), ad valorem (45%), tolls (2.5%). FPL Mit 1%), P2000 (5.3%). Federal (23.5%) (2. Scope: FY 1999 i $3.464 015 Esllmate ' · Completion Novemh,:r 1,3. ;?003 Date Manager Contacl J~m Kunard. P.E rProjecls and Cosls within Activity South Florida Water Management District is funding wOrks of the 298 D~stricts (East Beach Waler Coetrol 1 District, East Shore Water Conlrol District, South Shore Drainage Distncl and South Florida Conservancy District) for the design and construction of diversion wo~ as described *n lhe Everglades Forever Act. Tho Soulh Florida Water Management Districl is also funding wOrks of Ihe Cloister (Lease 3420) Farms I'or the design and cons/ruction of diversion works as described irt the Everglades Forever Act. The pnmary objective of these modifications and ~mprovements is Io reduce tolal phosphorus loads discharged directly tr) Lake Okeechobee by redirecting flow southward (away from Lake Okeechobee) ultimalely to be Irea/ed by STA. IW, STA.2 and STA. 3/4. Purpose: Areas of Responsib,hty: water quality, nalural systems; Anticipated Additional Operating Cosls: $0 Florida's Everglades Forever Act Ipassed in May '94) oullines a comprehensive plan Io restore a s,gnificant porlion cl thr; remaining Everglades ecosystem through land acquisilion, conslruchon, research and rogulalion. The general goal is Io improve water quality, waler quanlity (hydroperiod), and prevent lhe spread of exolic species. Tho Act calls on many state and federal agencies to coordinate efforts to carry oul the Everglades Program. Tho primary components of the ECP are Ihe six (6) Stormwater Trealment Areas, referred Io as STAs. These STAs wilt be large construcled wetlands Ihal receive stormwaler runoff from the Everglades Agrlcullural Area, adjacorll watersheds and regulalory releases Jorm Lake Okeechobee. The purpose of this project is 1o reduce phosphorus loading Io Lake Okeechobee by redirecting Ihe Ch. 298 Districts' d~scharge south for treatment by the SI'As. 1997, 1998 Accomplishments 1998 1999 Objectives const, for East Shore and East Beach Waler 3420) Farms Diversion Project Control DIstncts Project Phase Scheduh planning ~ _ _~ .................. Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 ~Land Acquisition Design / Permitting Construction O&M M o niter in.(:l Total Cost $3.464M $4 025M S0 S-309 OKEECHOBEE 5-76 1 ,, C-51 48 Northern L-8 Basin Improvements NORTHERN L-8 BASIN IMPROVEMENTS 16G 1 FY 1999 Major Program Regional Resloration Program $605.270 Name Estimate Program [Fverglades Restoration Completion February 28. 200~ Element/Activity [Everglades Const. Proj. " Name & Number ~Northerd L-8 BaT1 . J,m Sttlrcj~s. f')E. Partnerships and Cost Share Costs within Activity The Everglades Construction Project is being funded by various sources.- Agtax (21.6%). ad valorem (45%).tOils (2.5%). FPL Mit. (2.1%). P2000 (5.3%). Federal (23.5%) Date Manager Contact iProjects and Scope: The Northern L-8 Basin Improvements are intended I0 redirect discharges from Ihe norlh L-8 basin to Lake Okeechobee. Improvements include a new divide structure (S-316). which will allow for h~gher walor stages in northern L-8 in order to discharge into Lake Okeechobee. and pump station (S.309) which will replace gravity discharge to Lake Okeechobee. S-76 Modifications will allow for improved operation of the existing S-76 structure. Purpose: Areas of Responsibihty: water quality, natural systems; Anticipated Additional Operating Costs: $37.035 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acqu,s~tion, construction. research and regulation. The general goal is to improve water quality, water quantity (hydroperiod). and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program'. The Act calls on many state and federal agencies lo coordinate efforts to carry oul the Everglades Program. Most Of the work effort will be the responslbilily of the SFWMD. Tho objechve ~s to redirect runoff from the norther part of the L-8 Basin to Lake Okeechobee. 1997 / 1998 Accomplishments 1998., 1999 Objectives ] ] ]Commence Des,gn o, DivideStructurel(S'3t6) I Project Phase Schedule Pt~-~. FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning Land Acquisition Design / Permittin,cj Construction O&M MOnitorin~ TotalCost 5605.270 $1.191.686 ;Sl 037.802 $0 $0 OKEECHOBEE 16~ 1 / WCA 2A i STA Public Access Facility STA PuBuc ACCESS FACILITY Major Program IReg~onal Restoration Program Name [ P r o g r a m Everglades Restoration Element, Activity IEverglades Const. Proj. Name & Number [Access Be82 Partnerships and Cost Share Pubhc IThe Everglades Construction Project is being funded by various sources, - Agtax (21.6%), ad valorem (45%.tolls (2.5%). FPL Mit. (2.1%), P2000 (5.3%), Federal (23.5%) Scope: FY 1999 Estimate I $0 D a t e October 31, 2000 Manager I Contact J~m Kunard, P.E. Projects and Costs within Activity The public access site will be approximateh/ 2 acres in size, The site is located 500 feet soulh of SR 880. The facilities include a picnic pavilion, observation tower, boardwalk and landscaping plan. No mandated completion date is established in the EFA. Design was compleled in Fiscal Year 1997, The current plan for access is in the northwest corner of STA-1W, this will allow public viewing access to an STA. Purpose: !Area of Responsibility: natural systems; Anticipaled Additional Operating Costs: S30,000 annually, Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion o! the ~remaming Everglades ecosystem through land acquisition, construction, research and regulation. The general !goal is to improve water quality, water quantity (hydropedod), and prevent the spread ot exotic species. The ;overall restoration and cleanup effort described in the Act is known as the 'Everglades Program". The Act calls 'on many state and federal age. cies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The purpose for public access is mandated as sel forth in the EFA. 1997 1998 Accomplishments 1998 / 1999 Objectives IDemgnc°mpleted I INoprojoctsarescheduloduntilFY200O Project Phase Schedule Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning] Land Acquisition iDesi,cjn / Permittincl Construction O & U Monitoring] Total Cost $0 $1,071.657 $0 I $0 I $0 OPERATION fig. MAINTENANCE OF R IO ai. F .oo LAKE OK£ECHO~££ L-13 SA-N CO. $~-s CO. A I'LAN~7C OCEAN COLUER UONROE CO. 54 G-93 Automation G-93 AtrrOMA OS MajOrName Program IMatlOistrict'wtcleprogramsWatm' Resource Program lSysteml'OSM Regional Flood Co~trol Element/Activity ICa0l - Communication and Name & Number IControl Systems Partnerships and Cost Share Scope: I FY 1999 I Estimate $0 Estimated [' ComDletlon October 1. 2000 Manager / C o n t a c t Ralph Hayden Projects and Costs within Actlvit~, The scope of work consists of hardening the G-93 slructure against hurricane force w~nds and ir~stallinq a remote acquis~t;on and control units. Purpose: IPlan Linkage: OMD Mmntenance Sche(lule; Areas of Rellx)ns~bility wate~ sul31~y, flood protechon, natural syslems; Anticipated Addftional Operating Costs: reduced Ol~erat~on and maintenance cosls The telemetry system provides control and communicalions wilh remote sitas for mon~tonng at~d regular,rig the flood control system. Hardening of th~S facility and installing remole acquisition control un~ts ~mproves the D~strfcts communications and flood control Ol:)erations of a regional wide System. 1997 1998 Accomplishments 1998 1999 Objectives INo prelects are scheduled until FY2000 1 act Phase Schedule Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY .2003 Planning] ~ Land Acquisition Design / Permittin~ ~~.! - Construction ~~ O&M ~ Monitoring Total Cost $0 $200~000 $0 $0 $0 L-13 -AR~A OF DETAIL CAN, HENDRY CO. COLLL~R CO o lO A ~AN~C OCEAN PROJECT S-6 S-? S-8 S- S-129 S-131 S-135 S-331 S-332D CO~ MONROE C0. L-2~ 56 Pump Station Modifications/Repairs PUMP STATION MODIFICATIONS/REPAIRS 16 , I '.~ajor Program IDistrict-wide Water Resource ;~ n m e JMgt Programs ? r a g r a m IO&M Regional Flood Control [System ~lement/Activity iCaO2 - Pump Station ,'lame & Number JModificationlRepair .?_?oiects and Costs within Activity PS S127,129,131 Bldg. Refurbish. ($150K) PS S127,129,131 Elect. Improv. ($300K) PS S33t Engine Automation ($150K) PS S7 Hardening/Renovations ($tS0K) PS S7/S8 Fuel Tank Replacement Scope: FY 1999 Sl.620.000 Estimate Estimated Completion Oct. 2003 Manager C o n t a c t Ralph Hayden Projects and Costs within Activity 6.) 7.) 8.) S135 Electrical Improvements ($120K) Automation for Pump 332D ($300K) c/o PS Hardening Renov. S-6 ($150K) I; ho scope of work consists of the following: 1) Pump Station Building Returbishment~ - repaint, waterproof and i,~.al at pump stations S-127, S-129. and S-131; 2) Electrical Improvements - replace load centers at pump 'l~!ations S-127, S-129. and S131; 3) Engine Aulomation - install automated controls at Pump Station S-331' i:] Pump Station Hardening & Renovations - reinforce building structure to withsland 155 mph winds al Pump ',Station S-7; §] Fuel Tank Replacement - replace fuel tanks and secondary fuel tanks at pump stations S-7 and l~ with double walled tanks: 6) Pump Station S. 135 Electrical Improvements - replace generator, switch gear. lnd 240 voIIs IO 3 240 volts; Automation for 332D Automate the station change singe phase phase 7) Pump !~or remote operation and control; 8) PS Hardening Renov. Ph.2 S-6 Vent. - Structural improvements Ior !,ncreased wind resistance. There are no partnerships and cosl shares associated with Ihis project. ~u~ure years fund,ng will pay for similar work al other pump stations to be determined in the future. There are Purpose: iPlan Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated !/.dditional Operating Costs: reduced operation and maintenance costs. The District's Pump Stalions are an integral i:~act of the SFVVMD's flood protection cepabililies. The purpose of these projects are to provide increased operational reliability and efficiencies. Several of the Dislricrs pump stations are over 40 years old and require upgrading existing systems I0 current standards. Many componenls of the pump stal~ons are deteriorated and are Inet safe or do not function in a reliable manner. The stations, which are critical components IO the flood control ~system, need to be hardened against hurricane force winds. The fuel conta,nment system needs to bo upgraded to ,.~revent leakage into environmentally sensitive areas. Some pump stations do not have 3 phase power and are ia~',,ersely affected by voltage fluctuabons. 1997 1998 Accomplishments Pump station hardened Fuel containment Pro act Phase Phase 1998 , 1999 Objectives S331 Aulomation; S 7 Fuel Conlainmo.t S7 Hardening; Electrical Upgrades Pump Sta Refurbishmenls; S-135 3 Phase Schedule FY 2000 FY200t FY 2002 FY 2003 Monltorin~ Total Cost $ t .025M 57 MILES 0 10 AI~A OF D~TAIL- CO. ST LUCIE CO. A TLAN TlC HIGHLANDS CO. G LADES CO. CO. }fENDRY co LAKE OKEECHOBEE WEST PALM BEACH 58 Lake Okeechobee P. S. Repowering Major Program Name Program Element/Activity ~Name & Number 1 Scope: a DiStrict-wide Water Resource ] FY 1999 ms Estimate $0 stem Completion Oct. 2003 mp Station Manager / n/Repair Co ntact Ra~ Cost Share and Costs within Activity~ iPr.~jects The scope of work is to replace the existing Caterpillar diesels with digitally controlled engines. The existing pump engines are thirty-five years old and have not undergone a major overhaul. At Pump Station S-127, stahon crews have noted numerous engine breakdowns for extended periods of time. Future years funding will pay for similar work at pumpstations S-133, S-135, S-131, & S-129 which are located around Lake Okeechobee. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas o! Responsibility: water supply, flood protection; Antici ated Additional Operating Costs: reduced operation and maintenance costs. The pumping stations are a vital ~ ~ of Ihe Central and Souther~ Florida Flood Control Project, a public works project that protects South Florida isidents frOm flood, while assuring a stable water supply The north shore pump stations (S 127 are ov years old and Ihe engines are originaI Pure statio~l~rew , ) er th,dy-five .~ . . _ · P s have reported breakdowns to the um n ' me~r ex[enswve age. Harts for these engines may not be available because of their age. P p e glnes due to Pump slat~on personnel agreed with their consultant's report of 1993 which stated that if the pump stations are fully automaled, the existing engines need to be replaced and compatible with the digilally controlled engine rnStrumentalion. 1997 1998 Accomplishments None 1998 / 1999 Objectives are scheduled until FY2000 ] Pr< ~ect Phase Schedule Phase FY 1999 Acquisition / Permitting. Construction &M Total Cost Mollitorim FY 2000 FY2001 FY 2002__.~ FY 2003 ,59 L I MARTIN CO. LAKE OKEECHOBEE ~AR77N co. BEACH CO. PROJECT S-2 S-3 S-6 S-127 S- 129 S- 131 S- 133 S- 135 S-140 2-333 ~OLL[ER CO. COLLIER NONROE CO. t-13 CANAL -ARKA OF D~TAIL o IO A rLAN OCEAN Pump Station Backflow Gate Replacements PUMP STATION BACKFLOW GATE REPLACEMENTS Major Program Name Program D~trict-wide Water Resource ~rams yst MeRegional Flood Control m Ica02 - Pump Station Modification/ReDair Cost Share Element/Activity Name & Number Partnershi_ps and ects Estimate Oct. 2000 Estimated Completion J Manager / [ C o n t a c t Ralph H~den and Costs within Activity__ The scope of work includes the replacement of deteriorated backflow gates at various pump stations which is essential for the start-up of the pumps for the pump stations. Over the years, the seals between the gate and the structure have deteriorated causing leaks. This result causes a longer start-up period for tho pumps since it takes longer to draw vacuum with the gates leaking. Future years funding will pay for work at S-3, S-2, S.140, S-127, S-129, S-131, S-333, & S-135. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas o! Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The pump stations have been in operation for over thirty years without a major overhaul of the backflow gates. The existing gates have deteriorated and have developed numerous leaks. The skin plates are corroded and the seals do not prevent backflow. This diminishes the ability of the vacuum pumps to prime the station pumps. Further deterioration of the gates will make the station inoperable. 1997 ,,' 1998 Accomplishments S-9 backflow gate refurbished Proiect Phase Phase La~d Acquisition Design / Permittinq. Construction O&M Monitorin .~ Total Cost FY 1999 $0 1998 / 1999 Objectives No projects are scheduled until FY2000 Schedule FY 2000 $330 000 -- FY200t FY 2002 $465,000 FY 2003 $470,000 ~ 61 o lO d Ud ~/ AEEA OF DETAIL CO. PROOECT LOCATIONS LAKE OKEECHOBEE ]~LRTIN CO. PAL~ BE~CH CO. H~iNDRY CO.~ PROSE:CT L-13 WF~T PAI.~ BEACH WCA ! ~ A IT_AN TIC OCEAN B,~,C 62 Project Culvert Replacements Major Program Name Program Element/Activity Name & Number Partnerships and PROJECT CULVERT REPLACEMENTS m riCt-wide Water Resource FY 1999 s Estimate S~stemO&M Regional Flood Control E s t i m a t e d Completion ea~3 - Project Culvert Manager ~acement C o n t a c t Cost Share Scope: $535,000 July I, 2000 Zan Ku¢ller ~ and Costs within Activit,/ ll,) PC06 o~65--~e~ee ('~0~) -- ~ ]2,) PC15 on C41A Canal ($225K) 3.) G204/205 Riser Repairs ($60K) The project culvert replacement projects consist of the following: install turbidity screens; construct temporary bypass road: dewatering plan; excavate, remove and dispose of exisling pc p~pes; inslall new pc p~pes and endwalls: and reconstruct existing levee road over pc pipes and remove the temporary bypass road ar,d culvert system. PC06 on L-65 Levee . Replace a 72 inch five barrel steel culvert with flashboard m-kind. PC15 on C41A Canal . Replace a 72 inch five barrel steel culvert with flashboard in-kind. G204/205 Riser Repairs - Replace ten risers with operating plalform. Replacement of these aging project culverts are important because of their flood control utility. Purpose: Plan Linkage: Culvert Replacement Plan; Areas of Responsibility: waler supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. District staff completed a project culvert survey under the five year Structure Inspection Program and identified culverls that needed to be replaced. A total of 770 project culvert sites were inspected. These surveys were conducted by each field station which has the responsibility for maintaining these project culverts located within their respective geographic areas. Each site was graded on a three levels: poor, Iair, and good condition.,:. If the culvert was in good condition, Ihe recommendation would be to investigate the culvert in five (5) years. If the project culvert was in poor condition, the recommendation would be to repair or replace it in-kind. The vast majority of project culverts hadlever been inspected. 1997 . 1998 Accomplishments [~-L(~5 -P---'~ on L61 Levee /PCO3-L63S LPCOS-L65 Phase De§i n / Permittin Coilstruction Mo'nltorin ~ Total Cost 1998 ,' 1999 Objectives P~06 on L,~5 Levee IPC15 on C'~IA Canal IG204/205 Riser Repairs ect Phase Schedule FY 1999...~ FY 200~.~_[ FY2001 FY 2002 FY 2003 $1.040M TBD 166 1 H~DR¥ NONROE L AREA OF DET;GL A 17_ANUC O0£AM Structure Modifications/Repairs 6~ STRUCTURE MODIFICATIONS~ REPAI RS Major Program ~-wide Water Resource Name ~s P r o g r a m [O&M Regional Flood Control Element/Activity ICa04 - Structure Name & Number [Modification/Re_pair Projects and Costs within Activity 2! S-71 Gate Op~,rator Replacement ($270K) 31 S-72 Gate Oomator Replacement ($250K) ',",/est Feeder Weir Modificalion ($55K) PS S127/13: Gearbox/Motor Re~ Scope: FY 1999 Estimate Estimated Completion [ Oct. 2003 I Manager/[ Contact Zan Kuqler Projects and Costs within Activity 17.1 c/o S-13A Repair ($150K) [8.) cio G74-75 Gate Replacement (S75K) 93 c/o S-SA EWS Gate Automation ($50K) $1,320,000 Th,:, Scope of Wor~ consists of the following: 1) G-78 Gate Installation - is a single barreled 72-inch corrugated metal pipe culver~ located at C-23 about 15 miles southwest of Ft. Pierce. The existing wooden flashboards leak and .,.,,ill be replaced with a stem operated gate system; 2) S-71 Gate Operator Replacement - replace dual stern ga~e operator with cable mechanical lift operator; 3) S-72 Gate Operator Replacement - replace two gale operators with drum and cable hoists; 4) West Feeder Weir Modification - construct reinforced concrele cap; 5) PS S127/131 Gearbox/Motor Replacement - replace the gate lifts with hydraulic operators; 6/7) S-13A Repair - replace culvert risers and barrels; 8) G74-75 Gate Replacement - Add gates and electrical service; 9) S-SA EWS Gate Automation - Replace gates with motorized operators and controls. There are no partnerships and cost shares associated with this project. Future years funding will pay for similar work at olher structures throughout the District's regional area. Purpose: Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated ional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to maintain ~cl water control facililies. Further deterioration of these facilities ',',,ill restricl the District's ability to de flood control and water supply. The various gates and operators are deteriorated and need cement/repair. Some of these structures have been in operation for over 20 years withoul having major ,rs done to the structures. The primary functions of these struclures are flood control and water supply for ac:r~culturaf and environmental uses. 1997 1998 Accomplishments 1998 / 1999 Objectives Listed Prolecls and Costs within Aclivity Service bridge repairs Phase ~sition Des~ n / Perrnittin Construction O&M Monitorin Total Cost Project Phase Schedule FY 2002 FY 2003 -'-~-~320 M $1.135M $1.215M S740,000 $480.000 POLK 16G 'I GLADES HENDR¥ OKEECHOBEE MARTIN PROIECT o 20 PKI~ BEACll Navigation Lock Refurbishments Major Program Name Program NAVIGATION LOCK REFURBISHMENTS District-wide Waler Resource ams sM Regional Flood Control lem Element/Activity ~ucture Name & Number JModification/Repair ~s and Cost Share 166 FY 1999 Estimate Estimated ComDletion Manager / Contact $o October I, 2000 ~den within Activity The scope of work for lhe S-193 Navigation Lock consists of removing lead paint and repairing all corroded 1 structural members of the lock structure. Lead paint is considered a hazardous material and requires extrication from lhe work site Io meet current environmental regulations. Other work includes replacement of fender/pile systems and other miscellaneous structural repair. Future years funding will pay for similar work at other navigational locks such as S-65E, S-65A, and S.65D. Purpose: P!an Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. S-193 is a sector gated navigation lock on the norlh shore of Lake Okeechobee. The lock is the conveyance channel for boat traffic into and out et Taylor Creek and the lake. The lock was constructed in the 1960's. Since its construction no major refurbishment have been performed on the gates. Corrosion has developed on the structural members and needs to be attended to Thi will insure lhat the design life expectancy of the structure wilt be increased and wdl function proper y 1997 / 1998 Accomplishments Phase La._.~n~sition Construction Project Pha FY 1999 O&M 1998 1999 Obiectives No projects are scheduled until FY2000 e Schedule FY 2000 $575,000 FY200~ 5465,000 FY 2007. S440.000 FY 2003 $480,000 16G I 0 20 ~Dk'~AIL LAKE OKEEC~OBEE PROJECT LOCATION' HENDRY PROJECT IX)CATIONS COLMER OCEAN MONROE ~CT LOC ATIOKS Canal/Levee Maintenance Major Program Name Program DFC-strict-wide Water Resource ~s s~sMteRegional Flood Control m Element/Activity ICa05 - Canal/Levee Maintenance Name & Number Partnerships and Cost Share Sco.pe: FY 1999 $545,000 1 ] Estimate Estimated October 1, 2003 Comoletion Manager [ Contact Zan Kuq. ler Projects and Costs within Activity ~ Ban-"-~- Stabihz----'--~tio~ (~'230K-----'~-- 2.) c/o '¢,/PB Canal Improv/L12 Maint ($315K) Tho scope of work Ior lhe C-24 and West Palm Beach canal projects consists et mamtenance dredging r)f canals, ~esloring degraded levees and stabilizing eroded canal banks Selecled reaches of eroded canal hanks are reshaped and stabilized wilh stone rip-rap or aquatic vegelahon. Some mamIenance dredging may bo required lo reslore the canal prism to ~Is original design section nu;ure years funding will pay for similar work at C-25, C-1. O-102. C-51. L-8 and Hdlsboro canals and levees Purpose: fP!an Linkage: Canal Conveyance Plan; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to maintain the ca'~al conveyance capacity and District's levees to provide flood prolection. A five-year inspection plan of the D~stnct s canal system was completed in 1995. The inspection ~dentified canals thai needed maintenance dredging and canal bank stabihzation to maintain the functional integrity of the D~stricl's flood control syslem. 1997 1998 Accomplishments 1998 1999 Objectives Phase Desi n / Perm'dtin Construction ~'&M Monitorin Total Cost Project Phase FY t 999 $545,000 [S~art design on C-2,1 Compl(;le WPB Canal m~prover'n,':rds Schedule FY 2000 $890,000 FY2001 $615 000 FY 2002 5400,000 FY 2003 TBD fib 0 I 2 BONITA SPRINGS_~ LEE CO. .._~_ ..... ~'6 LL-:i-~ '~ ' COCO COCO #2 #3 Cocoha t~. hee Canal 7O Cocohatchee Canal Phase IV Improvements l COCOHATCHEE CANAL PHASE IV IMPROVEMENTS Major Program Name Program ict-wide WRier Resource ams s ~t~eRegional Flood Control m ICa06 - Big Cypress Basin Cost Share Element/Activity Name & Number Partnerships and ] ] ] ects FY 1999 $1.720,000 Estimate Estimated Completion Oclobor 1. 2000 Manager /r Contact Bob Laura and Costs within Activity~ The proposed scope of work for this project includes channel improvements {deepening and widening) approximately a four (4) mile reach between Mule Penn Quarry to Corkscrew Canal. Two (2) oxlshn(.] curverts wdl be replaced wilh two 12) new bridges, which will be two lane. 100 ft in length and s,Jpporfed on concrete :)des. One bridge wdl be located at Mule Pon Ouarry and the other mid-way between the quarry and lbo canal. :unds for the construction of this project will be encumbered in FY 1999 and expended over a two year period between FY 99 and F-Y 00. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas et Responsibility: water supply, flood prolecbon; Anticipaled Additional Operating Costs: reduced operation and maintenance costs. The easterly segment of the Cocohalchee Canal between Mule Penn Quarry and Corkscrew Canal is hydraulically deficient to provide adequate levels of flood protection to the rapidly developing area. In order to achieve the desired objectives of flood control and water supply, channel improvements will be necessary to implemenl the surface waler management plan for the area. The present configuration of the canal and road crossings cannot provide the required flood protection level service from a 25-year, 3-day design storm event. The proposed project is recommended to be ,mplomented lo avert the above problems, padicularly to enhance flood control measures to safeguard public welfare and satoty This project includes canal excavation, construclion of an automated galed wrier COntrol StruCture. and relocation of several bridges and culverts. 1997 ' 1998 Accom.plishments [Cocohatchee Phase 3 Improvements 1998 1999 Obieclives e channel m~provements ,n FY 1999 Phase ~ition ~ermittinq.. Construction O&M Monitorin Total Cost Project Phase Schedule FY 1999 $1.720M FY 2000 FY200t FY 2002 FY 2003 0 I ? RING co. ~ ~~-e~. ~ .... coco COCO BCB Land Easements Major Program Name Program Element/Activity Name & Number Partnerships and INono BCB [~ND EASEMENTS trict-wide Water Resource FY 1999 rams Estimate Ls O&M Regional Flood Control Estimated rem Coml~letion ICa06- Big Cypress Basin Manager Contact Cost Share and Costs ] $75,000 Sopter'nbor 30, 1999 Bob Laura/Clarence Tears within Activity ~ The scope of work for lhis project consists of the acquisition of easements and othcr land ~nlerests necessary for tho improvement of the Cocohatchee Canal These interesls may include bolh permanerll and h:~rnporary easements. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: waler supply, flood protechon: Anticipated Additional Operating Costs: reduced operation and maintenance costs, The Cocohalchee Canal Phase 3 Improvements Project is the Ihird phase of a four-phase improvement plan on the Cocohalcheo Canal m Colher County. The Cocohatchee Canal drains a 186 square mile area consisting of mixed development, agrrculture and natural areas. The canal was created as a source of fill material for Immokalee Road and has no original hydraulic design. The objectives of this project are to raise the level of flood protection, increase waler supply and enhance environmental quality. 1997 ,, 1998 Accom.plishments 1998 Project Phase Schedul Phase ~uisition ~ Permitting,. Construction O&M Monitorin Total Cost FY 1999 FY 2000 1999 Obiectives et Easemerqs for Phase FY2001 FY 2002 FY 2003 $0 $0 $0 16G 1 o i 2 A~£A OF DET~tlI. 74 Corkscrew Canal Improvements Major Program Name Program CORKSCREW CANAL IMPROVEMENTS trJct-wide Water Resource rams sLs sO&M Regional Flood Control tem Element/Activity [ Name & Number Ca06- Big Cypress Basin Partnerships and Cost Share FY 1999 Estimate Estimated Completion Manager / Contact [~rojects and Costs ,o Oct. 2003 Bob Laura within Activity__ The scope of work for this project includes channel improvements Ideopenmg and widomng) lot 3.5 miles of canals, culvert replacements, and two (2) Iow-head water control slructures to prevent overdramage et wetlands in the Corkscrew Regional Ecosystem Watershed, and to, reduce occurrences of rlUlSallCO flooding lor the residential area nor:h of CR 846. ' Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anlicipated Additional Operating Costs' reduced operation and maintenance costs. The Corkscrew Canal and its side ditches lhave been adopted as "Works of the Basin' effective FY 1994. Presently unconlrolled oulflow through the canal system overdrain an extensive portion of the Bird Rookery Swamp of the Corkscrew Regional Ecosystem Watershed. The canal system also does not have adequate flood conveyance capaoty due to small cross-seclional area of the channels and numerous undersized culverls. Obiectives of this project are the following: t)support lhe long term viability of potable and agricultural water supplies. 2) control recurrent flooding problems, 3) reduce excessive freshwater discharge impacts on downslream estuaries, 4) enhance natural system functions and values on publicly owned lands, and 5) establish outflow control elevations for water managemem facdmes lhroughout the BCB watershed 1997 1998 Accomplishments 1998 1999 Objectives Commence hydrauhc rnodehn.~ Phase ~uisition Desi n / Permittin Construction D&M Total Cost Project FY 1999-- s~o Phase Schedule FY 2000 FY2OOt FY 2002 FY 2003 $0 S1 M 0 2 4 L BONI TA ,~mRINGS GULF OF t~EXICO CR951 Canal Improvements Major Program Name Program CR951 CANAL IMPROVEMENTS de Water Resource ams s~sO&M Regional Flood Control tern Name & Number Ca06. Big Cypress Basin Partnerships and Cost Share S c._~.~..p e: FY 1999 S0 Estimate Estimated[ Completion October t. 2001 Manager , Conlact Bob Laura and Costs within Activit..y_~ The scope of wo,k 'or tins project consists of c~anneJ ~mprovements to the existing canal from Vanderbil~ Beach Road north to CR 846. culver! replacemenl and tho construcl~on of a new ',,"e*r. The CR951 Canal prOvides stormwater "nanage,-.-ent for tho urban and sem~-urban areas of Golden Gate. as well as sources of rechargr; to the searby water supply, ¢,'ellfields of Golden Gate City. Collier Counly's comprehensive plan mandates flood protectiOn for the 25-year. 3-day storm event m urban areas of Colher County. Construction easements for the project may be obtained by cooperation of the land owners al no COSl to the D~strict. Funding for Ihe construction of this proleCl will bo encumbered m FY 2000 and expended over a two 'fear period between FY 00 and FY 01. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection: Anlicipaled Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to upgrade the existing canal syslem for a continuous populalion growth in the Big Cypress Basin. This project is part of the overall planned improvements for the CR 951 Canal. The project consists o1' approximately 2 miles of canal enlargement and replacement of several privately and publicly owned culveds. The CR 951 Canal was originally excavated as a source of hll material for construction of OR 951 roadbed, The October 'g5 storms caused extensive flooding m th~s area. The CR 951 Canal provides stormwater management for the urban and serm urban areas of Golden Gate. as well as sources of recharge to nearby water supply fields of Golden (]ale (;dy Facilities for conlrot of ,h_ canal as ,well as canal enlargement wdl enhan(';e water management flJnCtl()qf,; ir'~ lho area. 1997 1998 Accomplishments Phase Land~isition D e s?_.q.~.Lq_Q_L_P e r m i u i n cj. Construction O&M Project Phas, 1998 1999 Obieclives Commence planning Schedule FY 2000 $3.000,000 FY2001 FY 2002 FY 2003 0 1o LEE CO. _ _~ COCO+~ A TC~EE GOLDEN GATE HENDRY CO. co LU~',~ CO. AREA OF DE-rAIl. PROJECT LOCATION ~S~' F~-D£R L-29 7~ Faka Union Weir No. 4 Rehabilitation Major Program Name $0 FAKA UNION WEIR NO. 4 REHABILITATION M ~L~._~pcoDistrict-wide Water Resource rams sy O&M Regional Flood Control stem Oct. 2003 Element/Activity[ Name & Number Ca06 - Big Cypress Basin Bob Laura Partnerships and Cost Share Costs within Activit~__~ Program S c.~.~_p e: The scope of work for this project includes the replacomord FY 1999 Estimate Estimated Completion Manager / Contact [ ~ects and of a we~r strucluro with a .qalod/'spillway shuchJrO. 1 It ~s proposed to perform a detailed hydrologic-hydraulic planning study for relrOfilling the struclure m FY2000. Collier County's comprehensive plan rear, dates flood protection for the 25.year. 3-day storm r:,vrmt m the urban areas of Colher Counl,/ Land acquisition for th,s project will be obtained by donahons at no cost to Ihe O~stuct. Funding for construchon of /his project will be encumbered in FY 2003. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anticipaled Additional Operating Costs: reduced operation and mainlenance costs. The Faka Union Canal Weir No. 4 provides importanl water control functions for groundwater recharge to the adjoining Eastern Golden Gate Eslates wellfield of the Cily of Naples Water Utility, It was constructed approximately 25 years ago as a V-notch weir. In 1983, the Board of Collier County Commissioners added provisions for water storage wilh stop log operation. Tho slop logs were not leak proof and were susceptible Io continual vandalism. In 1992, the Big Cypress Basin Operalions and Maintenance slaff modified tho struclure by tel)lacing tho stop logs wilh winch-operable slool ga~es. Due Io lhe strategic importance of this aging structure ~n preserving the wollhold, d ~s necessary Ihal a complete retrofit be performed ir~ the near future 199'7 1998 Accomplishments Phase ~sition ~rmittinL Construction O&M Monitorin Total Cost 1998 1999 Obieclives proj¢.,cl5 arc, schedud(?,-j urllil FY2000 Project Phase Schedule FY t 999 FY 2000 F Y[-"-¢"~'-~2002 FY 2003 $80O,00O 166 1 ~fILES 0 E ~ CUL F OF i~ LOCATfON-~ t BONITA SPRINGS Golden Gate Canal Weir No. I GOLDEN GATE CANAL WEIR No. I Major Program Name Program Element/Activity Name & Number Water Resource SystemO&M Regional Flood Conlrol ICa06 - Big Cypress Basin Estimate ] Estimated [ Oct' .' 2002]Completion Contact Robert Laura Partnerships and Cost Share S C O..I..I.p e ' fThe scope of work includes lhe retrofitting of the existing County's comprehensive plan mandates flood protection for Collier County. lProjects and Costs within Activity___ weir structure tO a gated spillway strucluro. Collier the 2S-year, 3-day stnrrn ¢',,onl in tho tJrt)an areas el Land acquisition for th~S projecl ,,','iii bo obtmned from donations at no cost to the D~stricl. Funding for construction of this prelect wdl be ~n FY 2001 Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection: Anlicipated Additional Operating Costs: reduced operalion and maintenance costs. During the last decade ten water control structures have been modified or reconstructed in the Golden Gate Canal and its tributaries lo achieve better management objectives. However, in spite of the modification of the upstream weirs, a considerable amount of freshwater is being discharged continuously through Golden Gate Canal Weir NO. 1 to Naples Bay. In addition to :he impact of this overdrainage on the water table, the shock load of freshwater d~scharges have been found to bo detrimental lo the aquatic biota of Naples Bay. The structure is now 30 years old Due to the strategic importance of this weir in waler management of a large basin, ~ts structural rehabilitation needs to bo considered in tho near fulure. Modification of this weir with prows~ons for a more efficient system of operable flood control gates wilt be able to prowde ~etler water mgt. flexibdTty for water conservahon and flood control 1997 1998 Accomplishments 1999 Objectives 1998 [In,lhnl~r ? Project Phase Schedule Phase _and Acquisition Design / Permitting. Construction O&M Monitorin Total Cost FY t 999 ,S0 FY 2000 ,SO FY200 ,S2.500.000 FY 2002 ,S0 FY 2003 ,SO 0 I0 LA~£ O~EECHO~£E PAL~ BEACH CO. L-15 CANAL PROJECT N A I-LANI7C OCEAN 82 Canal Conveyance Capacity Major Program Name Program Element/Activity Name & Number ~s and CANAL CONVEYANCE CAPACITY de Water Resource ams nal Flood Control iCa07 · Canal Conveyance Capacity-'J Cost Share FY 1999 Estimate Estimated Completion Manager Contact Scope: I $1.385,000 [~-~er 1. 2003 John Leslie ts and Costs w~thin Activity L10/L12 Canal Maintenance, Reach ~---------L--~ J The project scope ,nvolves maintenance dredging of the West Palm Beach Canal. The work will be accomplished i-'~- a Phased manner Phase 1 is from Pump Station S-SA wesl to the sleel span br dge. approximately 8.000 linear feet This work is scheduled to start in FY98. The limits of the olher phases have not been determined yel. The sDo~l mater~al from lhe canal ,,',,ill be excavated by drag line or hydraulic dredge to restore the canal prism lo ~ts original design section. This work will provide improved conveyance capacity in Ihe canal. Purpose: Plan Linkage: Canal Conveyance Plan; Areas of Responsibility: water supply, flood protection; Anticipaled Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to mainlain canal conveyance capacity and the District's levees to provide flood protection. A five year inspection plan et tho Distr~cI s canal system was completed in 1995. The inspection identified canals that needed maintenance dredging and canal bank stabilization 1o maintain the functional integrily of the District's flood control system. 1997 1998 iCompleled Phase Phase ~sition Construction O&M Pro ect J.- ~].'3U.SM,_L $505.000 Total Cost Accomplishments 1998 , 1999 Objectives Commence work on Phase 2 __s4oo,ooo $400,000 TBD ' B-B6 ACME S-39 FT. LAUDERDALE ~[F. ST MIAMI FIELD STAT]ON ~/AJ~J SOUTH HOM~ESTEAD FIELD STAT~0N S-173 S-~E L-28 SA-S SA-N CLEWISTON FIELD STATION FA_ES S-SA S-5AW GL~DZ~ 0~££CH 08E£ H]U~DRY COktn~ ]~ONROE PAL~ B{iACH ~IL~ o lo Telemetry Facilities Improvements TELEMETRY FACILITIES IMPROVEMENTS Major Program [District-wide Water Resource r Name ~ams L $300.000 p r o g r a m [O ,MRegional Flood Control r jSystem L Oclober 1, 2000 Element/Activity [ Name & Number Cb01- Emergency Management Ra~~ Partnerships and Cost Share Activity__ FEMA Mitigation Funding-S1,388,000 (FY99~ Sco~e: FY 1999 Estimate Estimated Completion Manager / Contact cts and Costs within -L'-ooop ~e'-eCac-Tm-~men~ Ire) Work ,ncludes the upgrading and hardening of tho District's tolomr;try and comrntJnication syslems. This project involves the hardening of the South Loop System to withstand 155 mph wind loads. Th,s projecl includes the strengthening of eight telemetry lowers. The S-124 project involves the replacemenl of the control building and installing Remole Acquisition and Control Units (RACU), so Ibis structure can be remotely operated from tho Conlrol Room at the headquarters building in West Palm Beach. The Soulh Loop conlrol buildings will ho replaced wi~h ,ore-fabricated concrete buildings capable of withslanding suslained winds of 155 mph. PtJroose: Plan Linkage: none: Area of Responsibihty: flood protection; Anticipated Adddional Operating Cosls: reduced operation and maintenance costs. The telemetry system provides control and communications with remote sites for monitoring and regulating the flood control system. It also provides a back-up communications link and operating field units. The South Loop System, a system of microwave towers for remote control et structures and communications for the D~strict in the South Florida region, was completed in tl,e mid 70's to enhance flood control and the recently completed Norlh Loop System will enhance response time for flood control in the K~ss~mmee Basin This syslem is crilical in the efficient operation and control during norrnal and emergency cor'ddions. The hardening of these facilities agmnst hurricane force ',,,'rods rs wtal Io onsuro conlintJOd operation of ¢.L~r water control systems and lo m~Jntain continued cornmun~cahon.s .,vdh emerger~cy ro.'s[]onso w`ork forces 1997 1998 Accomplishments S t,'..OF. Teleme!r,;, Towers Phase .Land Ac uisition Design / Permittinq Construction O&M Momtorin Total Cost P r o_..~e c t Phase FY 1999 $300,000 1998 1999 Objectives t S Lo¥~lcG Repl & Teleruelry lower~ Schedule FY 2000 $220.000 FY200~ FY 20O2 S350,000 Z $573,000 FY 2003 $700,000 16G 1 CULo/ MEXICOI 0 2 4 .{J~}iA OF DL~I'AIL BONITA SPRINGS F T , ~ ] ¼ Big Cypress Basin Water Management Improvements 86 16G 1 BIG CYPRESS BASIN WATER MANAGEMENT IMPROVEMENTS Major Program D['~'trict-wide Water Resource Name ~s $2.854.733 P r o g r a m [O&M Regional Flood Control SL~ st em July, 2000 Partnerships and Cost Share within Scope: FY 1999 Estimate Estimated ComDletion Manager Contact Projects and Costs Activit_,~.~ 1,) c/o Cocohatchee Phase 3B ($925K) 2.) c,'o Coco Canal Improvements ($809.3K) 3.) c/o Coco Structure #3 ($750K} 4.) cio Lucky Lake Structure ($250K) ~c/o CREW Land Ac~~ The scope of work consists of the following: 1.) Cocohatcheo Phase 3B - channel deepening and widening of tho Cocohatchee Canal east of 1-75 to CR951: 2.) Coco Canal Improvements . replacemonl of throe bridges across the Cocohatchee Canal; 3.) Coco Structure #3 - construction of a two bay gated water control strucluro on the Cocohatchee Canal. 4.) Lucky Lake Structure - construction of a sheet pile weir structure with gates ~o reduce overdrainage from Ihe Lucky Strand and Stumpy Strand wetland areas; 5) CREW Land Acquisilion - These funds wdl be used for the purchase of lands in the CREW SOR project. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Respons~bility: waler supply, flood prolechon: Anticipated Additional Operating Costs: The Coco Structure #3 and the Lucky Lake Slructure are new works Annual operating costs are eshmaled to be S16.000 and S20,800 respectively. Tile Cocohatcheo Canal Phasr~ 3[] dredging and bridge widening shall provide ~mproved flood control of the tributary regton bringing tho level of )rolecllOn IO an estimated 25 year storm. The Cocohalchee Structure ~3 shall prevent over drainage fbf tho Cocohalchee Canal while passing the design storm. The Lucky Lake Structure shall prevenl overdrainago to the Lucky Slrand and Slump Strand wetland areas. 1997 , 1998 Accomplishments 1999 Obiectives Cocohatchoe Canal Phase 3A Dredging 1998 Phase P~t Phase tFY 1999 Land Ac uisition Oesi n / Permiltin ~ Construction ~ --4 ---- Monitorin =~= Total Cost ..J, s2 854M Schedule FY 2000 SO 1 S0 FY2001 FY 2002 $0 FY 2003 ~16~ 1 MANAGEMENT PLANNIN~ & ~~ , ~,~, IMPLEMENTATION POLK OKE£ CHOBE£ HENDRY COLL[ER MONROE DADE A TI. ANTIC OCEA IV Water Resource Development/Critical Projects Major Name WATER I:~SOURCE DEVELOPMENT/CRITICAL PROJECTS pr~District-wide Water Resource Mgt rams Water Mgt Planning & ~at on im~lmplemD - Mgt Planning Wafer & entalJon Program Program Eleme~t,,'Activity Name~& Number Partnerships and Cost Share Multipl~ partnerships including USACE. Miami-[~ade WASA. Palm Beach County Lee Co~Unty, Martin County. Big Cypress Basin ! Scope: FY 1999 $13,179,649 Estimate Estimated Ongoing Completion Dean Powell Manager Contact ed List Costs within Activity___ I Th~s aCtiwty covers Iwenfy-five separate s~Jb-projects, involving partnerships between the Distrmt and federal. 1¢ I Istale and local government entities These sub-projects were divided into two hsts. based on priority ("A" ist of mgher ,?rlonty dems and a "B" list of lower priority). The "A' hsl. for 'which all proiects arc; Il:Hod ;ir; ,r:rdical. JmchJdeS Ten. MHe Creek in Martin County. lhe 0.4 structures m Dado County. Lake Okeechobee Water IRetent~on/Phosphorous Removal north of Lake Okeechobee, S-9 W'ater Quality Improvement near Lake Okoochoboe I~ . land the Southern Crew project m the Lower West Coast Area. The olher lwenly projects on lhe "B" hsl mclude a var,ety:of projects, including a proposed Caloosahatchoe Reservoir. Southern CREW R(:storal,on. moddicahons to tho ~_-8 ~ys'tem. Dado Uldity Cost Share, and a Regional ASR Pilot Project. Specd~c slatutory authordy lot lbo water resourC~e development projects comes from Chapter 373, F. S.; specific statutory aulhority for the crdical restora~llon projecls comes from the Federal Water Resources Developmenl Acl of 1996. I Purpose: Plan Lf~kage: Regional Wafer Supply Plans; Areas of Respons~bddy: water supply, water qualHy, flood protechon, natural[Systems: Anticipated Additional Operating Costs: by individual project. Tho purpose of thru actrvdy ~s to cooperatively develop District water resources in partnership with various federal, stale and local governmenl agencies. Most of the sub-projects on [his list are multi-year undertakings wHh some flexibihty as to' the s~ze and tirmng ~f completion of the sub-projecls and the cost-shanng arrangements. Precise specdicat,on of oul-year costs and scl~edules will be dependent upon decisions to be made by tho Distr~ct Governing Board arid by the partners in resource developmenl and critical restoralion prelects 1997 ~1/ 1998 Accomplishments MultlOIi accor~'~phshrng~nts varyinq by Su[",~,[~rc!eCt t Pro oct Phase Phase uisition Total Cost $13~179M 1998 / 1999 Objectives Schedule FY 2000 FY2001 FY 2002 FY 2003 TBD TBD TBD lBO 92 16a 1 -------------- P r o_,Lec t Te n- M i I__.___~e Creek Crllical ecl Llsl C-4 :i Structures LO ,Wat_.___._~er Retention/Phosphorous Removal _S-9 '~Water Quality Improvement ~d valorem__[ So. Golden Gates Hydrologic Restoration _L.-8 Option _Site ~1 Reservoir NE Broward Secondary Canal Rechar~le ~uifer Well Drillin_~LEC ~DWASD) Utilit% Cost Share Re~l ASR-PBC-HilIsboro ~1 ASR Pilot Plant SJRWMD/SFWMD Acjuifer Recharge LO ASR ~ Sediment Bred i.d.d.d.d.d.d.d.d~ Loxahatchee Sio~stem Rest. L~ake ~ Trafford ~ Watershed Imp, of Recomm, Re-Establish Flow-Camp Keis Strand So. C~REW Restoration ~.P2000/CARL._)_ Tamiam~i Trail Culverts L-31Et___~Flow Distribution Pro~ect _Floridan Aquifer Well Drillin~l. LWC Cal°°Sahatchee Reservoir X X X X X WRD Pro ecl X X X X X X X X X X X X X X X .15~ 1,_ FtORIDA BAY R~~ STORATION/ S~UTHERN R~$TOR~TION _1 16~ 1 Everglades iai Park ~, ~. S-.3.31 Detentio~ ~~' Zone ],., '11 tfS-332C[ Buffer Zon~ ReBlac 2 ." -~ · ' : ~ ' ' I [F~II~ . ~ ". Degrade ~S:~ 9 7 .',. ~ "~ ~ k.. · ~. ............. ~.-- .; : ',.. Florida Bay: C-1 I 1 Project Modifications Major Name Progr Program FLORIDA BAY: C-I I I m ElemE t/Activity Name Number Partm ~ships and i- <Et8o% n t FY,99? PROJECT MODIFICATIONS Regional Restorahon Programs ] Southern Everglades/Florida Bay Restoration J tEa02 - Land Acquisition ] Scope! 16,J Cost Share 1 FY 1999 Estimate S4.750 000 Estimated December 31. 2003 Completion Contact Lma Snlilh ects and Costs within Activity~ Tn m,,,on IP2000) Canal (~111 basra ,'C-111) is Iocalod ~n soulheastern Dado County and includes tho borrow canal Io L 31 i'4 SOuth otS.331, the borrow canal to L-31 W. and canals 110 & 111 which are all integral fea!uros of the C&SF Prol-ect.~he Assmtant Secretary et the Army approved the Corps of Engineers Final Inlegrated General Reo,;alu~tion Reoort and th,'2 Environmental Impact Statement. dated May 1994 The modificalions phcnn,;(t mClL~de Ionslrtlch3n of levees canals and pump stations ~n the Rocky Glades transmon lands~Frog Pond nrf.~as ¢,nhanc~the flow of water from the tradd~onal headwaters of Taylor Sloug,h to Everglades National Park and FiO',da Bay. Cor~structlon of a pump stahon and spreader canal and moddrcahons to canals ~n lbo lower C I11 ',)asm w~l promote sheet flow so,;th towards the panhandle of Everglades Nalional Pa'k Land aO(JHISlhOrl ir1 [S~Pport~of Ihs prelect is fee interest ~n all lands wilhin the prelect boundary The remaining acreage tn acquire in the Rocky Glades ~ ' ' ~s :: '5.250 acres. , PurpoSe: I ?~o.d'f'ed JtO the a r Surface. Oporalio c. ontr~but The proj E, verqlad f,oo~ pr( age: C&SF Resludy: Area of Responsibility: natural systems; Anhcipated Addmonal Operaling Costs: ]nnually. The canals and structures m the basin were conslructed to provide flood conlrol, lhon wp;re ID provide water delivenes lo Ihe Everglades National Park. Enwronmental concerns have persmled due ?ation of the hydroperiod which has affected the Everglades ecosystem and its enwronmenlal values. ~ater overflow to the Everglades National Park and Northeast Florida Bay are poorly dislribuled. ~al releases of large volumes of freshwater and the loss of groundwater and overland shoot Ilow have id to a deterioration of the Everglades ecosystem and a reduction of manne and estuarme productivity ;Ct modificahons are designed to: 1) Restore historic hydrologic condilions 2) Protect natural values of Is National Park 3) Ehminate damaging fresh water flows Io Manalee and Barnes Sound. and 4) Mainlam cotton east of L-31N and C-~11. 1997 /J 1998 Accomplishments 1998 , 1999 Objectives ~ construchon of S-332 D pump stahon ] [Execute PCA Amendment I~Compl.et~.Complet Spoil Mound. Removal, in lower C-111 JEXOCkJle Condemnation Agroern(;nl ~',arfie land cost estimate J ~Replace Taylor Stou~ J Schedul, Phase Land Ac'uisition Construction Monitorir~ i Total Cost P r o_]_e c t Phase $4,750,00( FY 2000 $o FY2001 FY 2002 FY 2003 TBD TBD J Isee inset ;-343A 3 4 5 Miles WCA-3A Everglades National Park L-30 Raise X WCA-3B S.3 Northeast Shark River Slough Chekika '0 05 Everglades National Park Seepage Co~lector~ & L e?e__._~ ,8.~arc Mile. Area inset] Florida Bay: Modified Water Delivery Project V6 Major Name FLORIDA BAY: MODIFIED WATER DELIVERY PROJECT ~rogram Program Elemel/Activity 1 [ Reg~ona~ Resloralion Prograrns I FY 1999 [ Estimate $0 Southern Everglades/Florida Bay 1 Estimated December I 2004 [Resloralion Completion sEb02 . Mod. Water Dehverios Manager ilion Name ~ Number Contact SusanOIson PartnerShips and Cost Share an...._~d Cost______~s withi~n ~_ Scope:t .... CC, ntt,el I e ' . .... -., > d '" -J"~l~l~ Jg ~tJDLJgS[ emergency mOasures be aken O COrrec he h,~drn n,~ r ,r-~, ~· ' ' ') '(' } # :r ir,: qogheasI Shark Rwor Slough Congress authorized and 1he COrps cgn('Juclf~d ~ [)rorjram nl · ,',,ale- :~el~verms to tqo Park In December 1989 President Bush s~gned [he '[¥err~lad*tS b~ahonnl Pnr~ ProteChO and ExDans on Act Th,s act authorizes expans,c,n el tho ENP Io ~ncludo an adddinr~al 107 [)()fl lzes lhe comStrucho~ of modfftcahons io tho C&SFFCP to the hr., ef,l of lbo ENP Purpose: Pl~an LinkAge: C&SF Restudy: Area of Responsibdily: natural syslems' Anl~cLoated Add tnt, -,, !be de',err~ned. The primary objechves of this Dr i ¢.! ,.qr¢ tn ~ ,__ - _ o,e ........ ,,,,=,,uu F~u ~a ufa rosoLrces ) ENP ~n Shark r~wer S~ou. gh (SRS) through slructural and operational water management alterahor, s to the C&SFFCP A seconda¢_~objective is to develop an initial operating plan based on res or ng, to the oxtenl possible, lbo natural hydrologi0~COndilions within the ENP and other contiguous Everglades habdat thai may be necessary to achieve the primary o~eclive. The proposed plan will alter the timng, volume and location of water associaled wdh Iho original C~Struclion of L-67A. L-67C & L-29 Structures will be added: to allow the d~schargo of walor from the WCA [A to WCA 3B. in the L-67A borrow canal to prevent overdramage of north WCA 3A. and to serve as oullets froJ~l WCA 3B to provide deliveries to the SRS. L-67 extension and its borrow canal will be removed restore h~roogic inleraction for SRS 1997 ~1998 Accomplishments 1998 1999 Obiectives Near,no cO. repletion cf S355A&B . alonq Tam+a.m~ tail and acQu~slhoq of S ructurr,~ , appro:, ~330 acres of .property ,n the 8 5 SMA Phase ~uisition ~Permittmq Constructicin O& M I LTotal Cost project FY 1999 No pro!ecls are schoddh?d tmhl FY?000 Phase Schedule TBD FY2OOt TBD FY 2002 TBD FY 2003 ] BASIN LOWER .... f; ',; BASIN / ,_ xl'~ ! .,...,~. \ :Air Force Range ~ Prairie ( %': ' State ) .. Prese.e · '~-- ,,$:~; . - ...... Major Program Name Program Element Activity Name & Number Partnerships and KlSSlMMEE RIVER RESTORATION Irlct-,c.qdoWaler Resource ams ] IO&M Regional Flood Conlrol Fd01 - Ktssmnmee River ] Restoralion:Land A c cL~b~ Cost Share FYgg = sam Scope: Tho Kissimmee FY 1999 Estimate Estimated Completion Manager Contact Projects and Costs [Land ,A.C a t j iS)', lO fi/. FYO9 $: FYO0 $ ~ 0 01',,,'~ FY01 $10.0M 5.05 7.000 Decemt)r:r 31. 2009 ~'~,"tt r i C I ~ Stra Or~_~ wilhin Aclivily River Restoration Projecl will roslore the ecological integrrty et lho hmtormat Kissmlmoe River/floodplain ecosystem through two major conslruction components The Headwalors Revitalizalion component wdl restore more natural waler level fluctuations in Lakes K~ssimmee. Cypress. anct Halchmeha in ,htr upper Kiss~mmee basin. Two ex~shng canals and the Lake Kiss~mmoe outlet slruclure (S-65) that d,schargos to lhe river will be enlarged, tn the lower basin, natural flows will be reslored to Ihe river channel and floodplain. This will be accomplished by backfilling 22 miles of the oxmting Canal 38 (C-38). rr:conslructing 9 redes of remnant nver channel, and removing Iwo water control Slructures and tho adjacent locks (S-65B and S 65C). Acquisition of !he necessary lands reqmrod Io implement the prelect both in the headwalors and river ','alley is also a critical component of lhe project The total project cost ~s $415M P u r p o s e__~_.__._~ Plan Linkage: O~slr~(:l Water Management Plan. Areas of Responsibddy water s psly. water quahly, flood approximately ~ ~ v .,f ~ ' s by ~40 recreahng square miles of lhe river/floodplain ocosysem, mdudmg 43 mdes of contiguous river Channel and 27.000 acres of floodplain wetlands. Olher benehts include: res:oration of critical fish and wddlife hab~?al necessary lo recreale biological dtversity in the floodp:amecosystem:re]proved water quahty (e.g.. increased dissolved o:,',tgen ,n the river channel and reduced nulrient loads to Lake Okeechobee), 1997 ,,' 1998 Accomplishments 1998 1999 Obieclives Conhnued Collechng basel,ne data Implementahon of upper Begin backfilhng of C-38. Implementation of upper basra constructron ] Conlmued ac u..~ lands for Phase ~ construchon Phase Land~isition Construction 3& M Restoralion Evaluation Total Cost Proj. ect Phase FY 1999 S ~ 5 o5 7~__.__~ Frnalize basehne data collechon. Finalize u.?.p~er basin construction. Schedule FY 2000 S IOOM FY2001 $100M _j FY 2002 FY 2003 1 DISTRICT/BASIN ~AGEMENT ~t A~MINIST~TION MILES 0 5 lO AREA OF DETAIL OKEECHOBEE L-Pt PAL~ BEACH CO. BROWARD CO MARTIN CO. PALM HEACH L-1 -SA SR 80 " ;-8 SR SR 80 PROJECT LO C ATIO N B-50 Replacement B-50 ];~EPLACEM ENT Male/ Program ~s,n Managemenl & I FY 1999 N a rile LAdmin p rog~ram Estimate ~ Bldg. Improvemonls I Estimated I N~-Water Control Completion Element Activity ~ Nami~ & Number pilal Program Manager Partnerships and Cost Share Contact Projects and Costs 'r /-----'-~) 0 0,0 0 0 ~~une 1. 2002 ~ Hiscock Scope: T:'.e P!oject scope consists of the following: !., replace aging, obsololo buddings w~th modern, energy efficient bLMdi,,'lg$. 2t provide faohties and Silo wdh South Florida archdecture ',','h~ch ',',',F improve Ihe Ion(] form asset ',f:tue and marketabddy of the prOperty, 3! reconfigur,.', the sde to. opt,m,ze sdo .~duahon and lo u"nprovn aeslhelics of ,h._ s,le and prowde interior designs that r'na~rnlze the fuactional,t,,,, 3f interior . ,l..x,,,tl ty for cc,: up:racy changes v',,hmh (:nhance ~ spaces ;n FYi99 prehmmary engineering ',';ill be reqLured 1o address regu!alory and proiecl feas~bddy,'phasing issues ,~l'~o in FY99. :he Dm~ricl w~ll sohcd Iora des~gn.'build firm or other enhty to design and conslrucl Ihe prelect (tO7.0QO sq fl~ The replacement facihlies wdl be phased to minimize ~mpacts t') operalions on Ihe FtQ site Ccnstr~ction complehon is anlicipated m mid-2002. Purpose: ~ge: Headquarters Master Plan. Areas of Respons~b~hty: waler supp y water quality, flood protec ion: nalural.~systems: Anhc~pated AddrtJonal Operating Costs: reduced Operahon and rna'r]tonance costs. Tho primary pre;oct obiechves include replacement of obsolete buildings B-50 (107.000 sq. fi). [~-34 (13.000 sq. fl.). B-~3 (5,000 sq. fi) and related facihbes wnh modern officionl buddings. The il 50 Build,no ',*,'as conslruclod :n several phases start,rig ,n 1969. A 1991 report by a consullant indicated thai :~umerous deficiencies exmled m 8-50 including electrical and fire code v,olal~ons. 'nadequate eleclr~cal service hnd severe HVAC deh2r~oration A second report ~n 1994 reconfirmed the 1991 report findings, h]te. rrrn repairs ;'/orr: ,~tuthor~zod ,'.,hdc the District analyzed aiternahves (, e renovations or replacement of B*50J In April. 1995 fi'to Gc,.,'erning Board direcled that the B-50 Building be replaced Subsequently. inma~ planrung has slatted ,ncl.;:Jlng aCqu~Slllon Of a F~etd Operations Center sde - 1997 / 1998 Accomplishments Pre ~'ninary piar:n,ng ,nmated Phase Lan~~isition Construction O&M ~ / FY 1999 FY 2000 S6M Total Cost S1 M Pr~e Schedule FY2001 S6M 1998 1999 Objectives CL~ orn r)lr~e d;2s!qrl ~FY 2002 S2M FY 2003 $0 within A ctivilL_._~ 16a 1 MILES 0 5 10 AREA OF DETAIl. AAEE 0 IC~'ECHO BEE PALM BEACH CO. BR0 WARD CO. MARTIN CO. PA/~ BEACH CO 75 S-§A SR 80 SR 704 SR B0 PROJECT LOCATION B-1 Emergency Operations Center B-I Mal°r Program D,stnch'Basm Manac.]emeqt & N a m e Admm Program EMERGENCY OPERATIONS CENTER Facility Bldg. Improvements & Non-Water Control Element Activity [ Name & Number Lp01 . Capital Program Partnerships and Cost Share 1.6 :., I FY 1999 l $2 .,;~ ~:~ Estimate, ' Estimated Completion December t, 1999 Manager Co nt act Les Wood Projects and Costs within Activity Scope: Th;. prelect SCo0o ~S lo construct a three story building (approx~mate!y 18.000 sq ft.1 at the r~ast end of H~o B 1 Hc::a::qt~arters The addllion will house the DIslrict's critical [aohties. such as tho conlrol room and COr:'2.,Jler room. as ,veil as prcwdo a base for emergency response lo burr,canes 3nd 31her crdicaJ events fhe fac,i:v ..,dl be designed for 200 mph w,nds ~n accordance with ASCE 7 95 and mermds Ihe D~str,cl h) carry out ,Is :-.:mcal functions aher a hurncane event A~so the Eec provides a h~gh tevc. t of protedior~ for vdal records. 7, h~:7: .s ~mDortant ',o the Dislriot 5 [unCtlOmahty after a major hurricane event. Thr: 2urrenI design tS I0 malch B-1 arghdec~urally with cast-m-place re~nforced concrete wails Preca%t wall par'ds will be placed on lhe OutSide for archilectural aesthelics. ConslruCbon *S scheduled to t)e complete by [~ c ..c. mber. 1999 Purpose: Plan Unkage: Headquarters Master Plan; Areas of Responsibility: water supply, water quality, flood proteclion. natural systems: Anticipated Additional Operating Costs: $108,000 annually. Inadequate hurricane protection leaves lhe District exposed to more risk than is desirable. Throughout the state. Eec facilities are being constructed by other governmental agencies in response to new knowledge about hurricanes. Current facilities are designed under old codes to 120 mph. without proiectile consideralions In a Category 3 event, the Headquarlers s~te becomes vulnerable to winds higher than 120 mph. This exacerbates the Distncrs abihty to }royale flood protechon Io localized areas due Ir:, lho hurricane event One alternahve ~s the no*btaM altornaliv,r; an:; accept the risk of B-1 suffering a d~rect hit from a hurricane, which ~s not acceptable under current cordmons The other alternative is provide duplicate systems at distant Iocal~ons which is prohibilively e x,;:.e n swe 1997 1998 Accomplishments 1998 1999 Obiectives Co'-',,')lete flnat des~eq Construchor~ of EOC taciliPf ~ Phase Schedule ..... FY200 !Phas~ , , Momtorin T~ r',^~ .............. ~'- $0 FY 2002 $0 FY 2003 $0 0 5 10 AREA OF DETAIL- L4KE 0 KEECHO BEE L__. ~ Psu~ sEAca co. BRO WARD CO. MARTfN CO. PALl8 BEACH 704 -hA SR 80 PROJECT LOCATION Field Operations Center POLX PALM ~,~CH P.S. L,4 ~ £ OK££CH08££ HENDRY COLM~R 0 ~0 A ILAN UC OCEAN OMD Field stations Improvements FIELD OPERATIONS CENTER Major Program D,strict/Basm Management & FY 1999 Name Admin Eslimate S3.200.000 Non-Waler Control Completion Ocloher 1. 1999 Element'Activity I I Manager ' I Name & Number Up01 Capital Program Contact Mike Hiscock Partnerships and Cost Share Projects and Costs within Activit.,y__~ Scope: The scope of work consists of the design and construction of a two story, 40,000 sq. ft. building and related silo work on a five acre site. The buildings will provide office, workshop, and warehouse space. The Field Operation Cenler wrll house the field operation units of ESDA, Hydrogeology, and Water Quahly Divisions. The facility will be budl on a s~te that has been acquired immedialely nodh of the West Palm Beach Field Station with access from Sansbur,/ V/a,/ The pr:;!ecl ,,,,ull be b~Jilt using a design/budd process where the design archdecb'(;ngmeer and conslruChon co ~lractor are soloctocl ~n one sohcilatton process. Construction is anticipaled Io be complole on Oclober 1. 1999 Funding for thru proioct wdt be encumbered in FY 1999. Purpose' -- PIan Lrnkage: HeadQuarters Master Plan; Areas of Responsibdity: water supply, waler quality, flood prolocIion. nalurni :systems. Anhc~pated Additional Operating Costs: S240.000 annually. The Eleclronics and Data Mana?;ment Divisions were combined to form the ESDA Division in early 1996. A report produced in June 1996 m:,,s indicated a need for locating alt the components of the dwision al one location. Curremly the lormer Data Management Division is located at a leased facility in West Palm Beach and Ihe former Electronics Division is Ioca[ed at the headquarters silo. Subsequent discussions have taken place Io consolidale other field operation unqs. Water Quahty and Hydrogeology Divisions, into one building with ESDA. The new slrategically Iocaled, funchonatly designed office and shop facilities will provide lhe District with a single poinl of contacl and serwco for data acquisition, monitoring remole control requirements and electronics maintenance. 1997 1998 Accomplishrnents 1998 / 1999 Objectives Phase ~ition Desi n / Permiltin Construction O&M Monitoring. Total Cost P~se $3.2M Schedule FY 2000 FY2001 FY 2002 FY 2003 S0 $0 $0 $0 Major Program Name Program Element'Activity Name & Number Partnerships and OMD FIELD STATIONS IMPROVEMENTS lDistrict/Basin Management & Admin. [Facd~ty & Bldg. Improvements Non-V/aler Conlrol ILp01 . Capilat Program Cost Share 16 q 1 Estimate $270.000 Estimated Completion October ~. 2003 C o n t a c t Zan Ku~lor Projects and Costs within Activity Miata, FS Storaqe t:i,dO. Rr~pnirs W.PB. FS Fuel Pump ,qeplaco. ($210K) Scope. The scr;r.,e of work conslslS of the follcvvinr/: 1l I'¢,,am~ F~eld Station . repair storage buddings and make site ~mpro'.'err'ents. 2) ",'."est Palm Beach Field Station - replace lhe fuel pumps and lanks Future ','oars lundin3 v,;tll pay for s~milar work Io upgrade Ihe District's vanous field stations Purpose' Plan L nkage: F~eld Station Master Plan: Areas of Responsibility, waler supply, water quality, flood prot[;chnn. aatural systems' Ant,opated Additional Operating Cosls: reduced operahon and maintenance costs The Dislrict's consultanl developed a Master Plan Io make improvements to the Dislr~cts various lield stahons. The report shov,,ed mai the exmhng configuration of structures on lbo Field Station sdes ',,',,ere ¢ol conducive for elficionl operaho:;s Th, e Master P/an made recommendations to ~mprovo operational efficiency as well as maximize the overall use of the property. The recommended changes improves tho D~stncrs capabilily Io mainlain ds wtal e/ement~ (flood co'qlrol and waler supply} during and after a d~sasler event 1997 1998 Accomplishments K~ssmrno.:? F S ADA Modifi,.galions Phase ~uisition Construction O&M Total Cost Project Phase FY 1999 1998 1999 Objectives Cornmence wOrk on lhe above listed acllvihes Schedule FY 2000 FY2001 S 1 2M Sl 5M III LOWER WEST COAST ECOSYSTEM RESTORATION ~ILES 10 ~-- HENDR-~CO. /COLLIER CO. ~---,~REA OF DETAIl. HENDRY co. COLLIER CO. ALLIG ~, TOR Al_LEV Henderson Creek Structure Modification 16G 1 HENDERSON CREEK STRUCTURE I~ODIFICATION Major Program Name Program Element Activity Name & Number Partnerships and Lower V/esl Coast Ecosystem Rosforahon Tamiami Trail Flow Enhancement lNb0t - Research and Plan Coordination Cost Share Florida DEP--Rookery Bay National Esluarme Research Reserve through a granl from Nahonal Marine Fisheries Center -- S200,000 BCB/SFWMD .. S30.000._(.in.kind services_L~ Scope: FY 1999 I S200,00o Estimate Estimated Completion December l, t999 Contact Clarence To;irs and Costs within Activily~ The project will revolve minor structural modifications Io the existing gate operating facddy of lhe Henderson Creek We~r No. 1 fWorks of the Dislriot. operated and maintained by SF"WMD) The costs of the slruclural modd~cahons are $120,000 The projecl also includes equipping the oporahng syslem w,th automated water level controls and radio communications. The COSl of the commumcahon and cOnlrol system is S,[~0,000 Purpose: Plan Linkage: Big Cypress Basin S-Year CIP: Area of ResDons~bdity: nahJral systems: Antmipated Addihonal Operahng Costs: reduced Operahon and maintenance cosls The ex,shag discharge facilihes of the Henderson Creek Weir NO : cons~sls of a sluice gate fl2×4'), a flap gate (4 x4) and an overflow spillway, The ex~sling manual 3peral~on w~th a fixed SCl of dry and wot season controls cannot achieve the desired tango of fre,shwater dehver~es to lhe Rookery Bay Esluary -a prisline aquatic reservo of Southwest Florida A moro uniform release of frest,..,ator ~s required I0 maintain Ophmum levels Of fresh and sallwaler m~x for the health Of lbo aquatm b~ota, The Rookery Bay I',labonal Estuarine Research Reserve has obtained a granl from lhe Nalional Marino Fishenos Confer for retrofilfing the existing operalmg facility to achieve that goal and requested lhe assistance ol the OiStr~Ot The Big Cypress Basin Board agreed to be a partner in this effort. 1997 1998 Accom__plishments Cocohatchee ~anal Phase Improvements ~"~ BCB Watershed Plan H&H Model Developmenl ~ehon of BCP~ Admin But!dm0 Phase ~uisidon ~ermilting Construction O&M Total Cost Project FY t 999 $200.000 1998 1999 Obj. ectives ~1~". Implementation of Coco Ph IliA/lilt3 plans 12 Relrofil of Henderson Creek We~r No ~ Lake Waler Conlrol Sfruch~re Phase Schedule FY 2000 FY2001 FY 2002 FY 2003 DISTRICT BUDGET PRIORITIZATION SYSTEM Capi~a~ gu~efing He~ps C~ea~e AUgnmem~ Manage O~ga~zafiona~ Change, a~ ~c~ease Peffo~a~ce i~ Wa~e~sbe~ Res~o~afio~ W~te~ Q~ali~y, F~oo~ P~o~ecfio~ a~ ~a~e~ $~pp~y M. Kent Loftin, Chief Engineer, South Florida Water Management District* John Rogers, Vice President, CH2M [till ABSTRACT KEY WORDS Introduction ,]rlalvsi.,-; t(~()Js, and the drive to irnpr()'vc c~msplre t[) yield numcr()us and ctlrvc?,, L[ll (.Jcsigrlcd h~ wc ,_ir(_' dMng. h~ these aspcclF,, [~esi(.lus Lillufldino h~ tilt., d,]',,' t() d,:p,' with Ibc' t'Vt'l l~t'Ut~t'llt p~flitic,~l t{)mplcxitius, thu rcsoL~rct.~ ncttds ar'u mci. Mt,c,tin~4 Illl[if't, require Itu ,rr)mqh pl;,nr~ln~ and I~ud~4cl~rb: c~rrunt arm I'LIIIII'C d( II'.,'ilJL's Including; rc'xuarch adt/Vlllc~ c'xtc~lSiVc J~md adqtlJSitJ()rls, illl(] I)tliltJJllt[, t)pcrElllflg. ;llld lllOjlIIEIIIIII/~ major pub]it inl'raMrLK'lj~rc l'h(' Cu~h~mcr hast Js vcJT divurqc,, ktqllJ'Wllth ql dill; ,rlq t tl',lt qllt'D, h ff ;llllllt'tJ lt'N ~tlri ~"-. Iht' ~J V.).I[~ ~,~ tl~kJ~'t'. ~'1t IHI[~I', v,t' Iht' ',t'~ ,1~ tit: l*',t'Ilc~,, ,)[ Ih~' tc~ll[~[', :~',-,tT tt,-lh, r~).!rl:~t.,.,,Jtltl,,rt, iI[i ;,~: rk'. t~:,,,...ii.t` ~P:~ t ',;;'-t',} Pr,"',t,lr~lltLilh,tjJ'. '-',;i~[', 'r'i ~:~Qqr -t ;~rl, '~l!i'.". [k'h'rIlllllllV} Ultimatcl],,, somu ilCUds will hc dulurrud ()r ~)t't,r in ~)r(k.r In hm(I hijihcr pri()rily ncuds 'l hb, w~ll /IIw~IVS lit' Ullp(~ptlJar h) hi)lilt CLISII)IDCI'S ,HltJ he justified hv a Sotllld ducisiun lllakitlg pr Addilionallv,'thc pr{)cuss rlltlSl bu easily untlcmt~xxl and dcfcns]blc In mom ~r~anizali{ms,'pri~rili/;fli(m is quickly hucoming (mu ~l Iht Ill( ~$1 t r)lllplit/llt.'d lllallD~c,r~ rnuhl rll~l~it, dilliculi lr'dtJt,()rls hcl,,x't.~.l~ l(x) ~dtt, n these, Ch(HCC~ dFC suhjt'ctiv(' drkl rcitctivt, llt'tds It m dill]cull I~ ndcrslarxl i~xLIt.'S l('t ak,nu t'xpl;llnin~4 [hcst' dc~ Isi( h, ~V.' [Jlc'~t' (]t't I~l()tl~ ,Itt' ~Jf'llCttllt'd illltJ lll;IdC/,If1 ~'.'~ilt'l' ~Uplfl)' t, ~ a~rk Ill[lift: illl(l srch~r. Ibc sI/l~:t,s St'fill ('V~'ll hi~hcr 'h) addrc'ss thc'he ISNHt'% ~lfld LICJlJuvc and SLlSlalnud high pcrl~rn~allCt,, t~ud~clin~i and · S(~uth f I, uda Walcr Mana.qcmcnt District 3301 (;LII1 Club R(~ad ~,Vcst Palm )~cach. I h~rithl .U,,/lu I1~ bUM I/C'-,~ p r~ ~ct".,:.- a I!tJ ,:11~ I L.ItI. Irc impn )v,,.'m,J nfs mUSt be guided t~,,' a n~xtcl ~1' the business that is ,.'omplctc. omsistun!, and clearly underslc, od A prin,:q-flcd approach h~ capital impro;'ement and blKJ'.d, ut dL'vL'l~I]mcnt lllllst bC ~.1 maior hll:-:;iness [' )CLI'q [~: C[1FllrL' ~,;r. tcgic, hm~ P,.'Flll IS.qLK'F arc addict',rid sin/ultdnc~usly with kc',' short ICl'Ill CtlM~m~c'r nc'c'ds ,qnd [~n K'L'.~q impriwcmcnl~ Leadership Currcntl)'..'4!:WMI) h,t'- a ',.'ixi~rl and rlllF~if,tl c(m~pc'liticm l¢~r lund~n~ lhcru arc als,~ p(flllKaJ and Ibc illi[idl dip ~rt I,~ dc".cL~p ,.l principled [)ri(~ril)/,~ti~m pn,~u>- V.'d~ vic'wed us ptISl[l~C [~',' Ibc · Thc It~lla] [)r()('c~ c~)uld not provide appr(~priatc Ic'vc.l~ ~ ~1 dlflurcnlK~linn lo clearly express thc bcnu ils. ~r value t,'~ the organization bud~ut item · It ~, ~uId m)t pr()vidc a c()ntinu()us ranking ot all [m~lu, ts Ir, m~ a tx:nctit,'cast basis · II ,.,~u]d n~q pr, wkk. Ihu flexibility h~ L'aS~Iv 41h~w input Irf)m dillcrunt levels v.'ilhi~ thc c)r ( h,'Jn~L'S that ,',tcurrcd dtJrinN Iht tmdgc'l · Di,J [% ,I hc'Jp rt'ltlb )r,.c' )f)[l~ IL'Fill III','CFImL'R[~ ~llld I;rI~r",[I,',~;l }ri !',r~:,, t'~- izl I]lc i~rL, r~hf.;i~l,)rl i~l Iht, A New Process, Defining Needs I~) unsur,., dn cIIi,.'u.'n~ and clfcctivc bud§ct priorlt~/,,lj, m pr(),u-- thc impr()vc, d system sh()uld provide a(.4t'r%' ~4~(il- dirlt] ,tratc~ic plan Crc'dm/xilP,' '.'.'qb all ctl.~t~)H1crs C(:,lu l, ,rottkc dL'~l~m,]ll makin~ ¢)n key tradc()lls ALL t'h'-I~lJllv [l: llSL'rk i)[1([ ctlM()mc'rs Scrt't'tilll~ ()I unruul~stic items CLIFIv ill thc · Dulcnsible, undur~,tandablc easily audited. * Considurati(ul hl StlrllllhlrV, thc' Idedh/cd ll~q all iispi'L l~ ~','~'I(' was dcvcl( iKillr 11/ Framing the Problem Ibc ph flqcln \','d', II',llllCII Ir, Ill!', II)I(X' h'v('b, ~1 itlr~irtllilllr~ll ['()]1('¢ IhMlt'% d()tl()l ]t'llil tradu~ dis d nd pru ,~itlzdii( }fl I ()r CX/IIII[))(', I1 ih l't'S(lLlrCCs 'f'httrch)rtL nlaj{)r agum y ix lit JUN WL'I'U C()llsJdt'rcd 1() bt' Jll ~l L'ilI(,~ji)FV [hill is ()vt, rardlin~4 alld cxcltldcd I'r()m lilt t)tl(]~c,~ J)rJ()FJlixalJ()n pr()cL, SS NL'XI 0fL' k(.",' ('ii'mt'IllS (fl Iht' [)l'i()rJli/;llj( tJc'cisi(mh IhL'SC Irlc'Judt' Iht iNSLJCS llllil rlltlS[ addressc, d ill thc hudgcl pri{)ritizali(m tlc( kllL'h ils pJ(~rllllrl~ MudJt'$ t ,l[)iloJ irllJ)rf}vt'lllt' L'tL Ihcl'u uI'C tqhL'F Ikh[l('~ Ihdl sh{)uM I~(' ~UILJI'CSNL'd It p,~<kiblu stkh ;m d?.('l/~ ,,' ;tkJrllil]islr';~li~ll whi, h will Irll[lr( wumc'r~t Customers ](~l]t' ClItlCIi,,'C lhL' r~rlOrlll/,:lll~)ll * Governor's , Lesislature , Local Oovemm~n[s , The Public , Waler Utilities , A~ficullure * Govemin8 Board . EMT , Prosram Manasers * Subject Matter Expels The Prioritization Process Step I.Strategic Planning cn'a~u~ dirccti{m and aliMnmcnt h)r pre,grams and SJcp 2. Accommod~lJon o[ M~nd~cs 5pL'L well defined, JJlC'I/]~IlC r0qtlJrcmcnts SJcp 3. Feedback ~rom previous~ear prcvu HlJr~( ,r pl'h)rjJiz~tJjr~l (~'tJSI(U1S ~lrt~ TIII&JvzL'd ~llld Step 4. Weighting objectives and criteria I[lltrii)Utc~ hru [~(]Jlc ',' dcc'i~l()rlS Tht'su v,'t'lghtx Slep 5. Definin~ Ylilily Funclions ,~ value LrJLcFI, )11 I' )IrIli~1~ u[iIJ~V ILII1c[i()II~ IJlLt[ dc~crihc [I1c CFltL'rh ~Ti SlOp 6, Budget ~recnin~ ---~uidulinc~ arc inli~rmdlh ,n liar ~lcm~ Lhal a~c unlikely I() be fundud. 5lep 7, Program Componenl Consid~r~lion pro, ram uJcmt'nts and aclivilius arc idunlilied and or~ani/c,d Step 8. Prosram Component Development dclailud hiurarchical programmatic list is SIep 9 Criteria 5codn8 ~rRuria aru~(~,rud bv Slep 19. Developing Cost Data pr()vidc ~ '~[ dLild 5lep I I. Rankin8 and So~in~--all bLld~u[ Slep 12, Collaboralion and Communicalion lhu di l'crcnccs Bud~cl ilums thal seem lc) unj()v discussion, 4 rnurits 120 Step 13. Review and Confirmation ,~1'~ Step 14. Public Meelings rcsulls~q Itlc lm(tgcl h}rllrlls ' Step 15, Board Approval hud~cl Develop Evaluation Model and Format for Alternatives U~JII~ a h('l ()l ',t'ui~_¢}/It'(] /llC'dhllr('m('/ll, iilt. I. .111 ()r~4;tlll/;ili~,llx (lulivt, r,., ~,1 '4'FVIt('S It~(' dhl~4rarn ~i I~tJrt' I ) xtl~,,~'~ thc ~ff~lUt tiv('s t{mplr)?llg thc. pr, russ c'M[Jbllshc.~ tl, ~w luchnical and Vuhlc )ild~lllUiiIs drt' /IM'd l~ Idclllllv prL'lcrrcd ,~[lc;'/ldllVc's ['lit' pr(>tc'sh will WhV Iht'st' allcrn;tlwc.h dfc. prulurrcd and will prl]vJdu thc ~asrs I, ~r t (,rlltlltlrlitdlJll~ illRJ dc'lt'lltJllH~ lhis prr)t uss will chlilbJish IlK' UplmUm,~lunu:,$ and [)uvcl~pmg and applying Ibc prUmli/alum m(xlul ,s a h)rmidahlu l;Jsk lhal inv()lv(.,~ kev ~rllt'ria WL'rU as~.~ ~t'~l WL'i~4hls i~ldicalin~4 IIh'~ IHlp~Ft~IllCc (irttJ V(I]LIt' ~','iI~1 ruspct'l Ir) hLId~'t't41'V t m,~lly, uldqv VdlLIL% Ill/15[ bC assigned h) I{LIch bllLJ~4L'l Jlt'lll JS lustud il~4ilillst thc t'l'iJL~I'ill wilh ll)[L'rviiJ rcH~, )IISL' ~ISSI~II(X] J~)r each L I'J[ul'iJ best represents its expected pe{'fom'mnce v.,ith respect to that criterion. The expected benefits for each budgc~ Item arc then calculated mathematic-ally u~ing its expected performance for each cri'.cn, ~:~ and the appropriate utility values and x,:ei~]hts Fi?,ur,' 2 illustrates this process (B/C), and [lotted to >hmv rclJ~tivc differences in bencfit,'co::: arno:w, budqct items. This is illustrated in [:igurc 3 Benefits of Idealized Prioritization Process agency ~:,>als, axd str,~tu~;ic trier, · Rank set o1- pfiont:e:~ · Crcdibili~/with at! c~u<omcrs · t4igh performance mctncq · Screening of u~realm:ic items early in the process · Collaborative dcc~s~cm making on key tradcofi~ related utility runcticm. Ftjlur'u:, 4 aim 5, xtv,w each criwrimn lmplen~cntation to I)atc SFV,'I',',D's use ora I;rion',ix;~tu)n uxb! developmerx[ is still trader dcvulopmcnl agency's initial attempt to) pr'inritize itx txM~,,ut, thc methods and model t;scd x'.'uru ('rllrJC, {v,,,,illS,' IIIr',:d]',' to the expediency of tho ellinl ltl'!'{)rl:; the process in the subsequent )','ar w~'ru the method and the model. 'ibc priofitization method and model a~; delfi('ted in lift'.. paper will se~,e SFWMD well over hmo and not require major revamping in future years. prima0, focus in future years will t~: t,~ m, ,r,' lullv implement all feature:. ~l' Ilu. tw, l,.I. collection technKit~es, a~d lin,. t~m~m,, ,,r criteria, weights and utilitic~ SFWMD Goals and Measures [ SFWMD Goals i Customer Sabsfa¢on ][Organizahonal Effecl~veness~ J C ;;~.~7h~-.'7. (;,;7,;.T~F.;i ii L,r.r:Er&a~./t,~.;'O L.__ Pr "'~h~Ct Dehv~,r, t; ~- waluatioc, et ii' Specify Objectives, Criteria. and Weights Calculate Objective 1 ~ ~ ObJec[ive2 Objechve3 Define Scales a nd Utilities : ~,p~d , v.', ~,,',,: ~ j ~ , Pc~orm~ncc' ,/ Benefit / Cost Curve Cumulative Costs 122 Mission t£lcmcnt Criterion I 0.7 ~ / A B C D E Proactive/Strategic Direction] A~'~ .,,t7 ~s no( st'al~ic, bu( has ~ome l:X:,lental re~ula~ ~uled. annual ac~ty. Acl,v, ty develops Iong-te~ stralegies to meet ('ritcrio~ 3 0.8 :; / 0.4 1 0.. . . A/B C D E -0.2., 1 -0.4 · NUMERICAL RANKINGS OF FY99 PROGRAM ELEM !2 1 Program Elcmcnt I'rojcct Type Cumtdativc [ )ara Processing Dmt net u99 Database District 985 9o Restudy Comprehensive Plan Dist riot u 7O 'Water ['rcse~'c Area Feasibility Study District '~7~J Y Program Element Support Distmt ';70 3, Data Collection Di:,tn, t tu,'~ ECB/Watcr Prcsc~'e Area Implementation District '1(,I 3~, l.]boratoo, Analyses District 953 75 C&SF Project Operational Plan District I0 Mile Creek [):strict ';/~ 4? c: Upper East Coast Water Mgt I'lannmg &. Impl District 9.17 Program Element Supj)o:t District 9.17 47 t.-8 Option District 945 ')1 i C&SF Restudy District 9.13 17 Research, MoniiodnS, and C<,nrdinatior~ R(T, ional '~.I 2 x :;ustainable South Florida l.ocal 942 Quality Control/Data Reporting District 9.t I Program Element Support District ')33 13 ,', Ki5simmec Basin Water t, lgt. l'lannirq,, & Impl DistrJ(t 933 13 a }tydrologic Monitoring I)istrwt 9:51 ProiTam Element Suppon l)i:;trict 931.(,7 h Water Quality MonitorinF, [)i5,~r]cJ. ')29 ~1 '_'&'SF Restudy fi<l. Fcas]b;htv [)i:,tr:,: '<7, .1', 'q;tc i Rcstorati,)n [)mtr:,: ,,5,~:,,., .~ t_[LC Water Mgr. Pla:mlrzg & hnpl. Di'.tr;,:: t,I 7 *..' Program Element Supp¢7~ DmtrlcI '*17 [Siocontrol Exotic Plant I)i'.;trt,'l '~I~, u Structure OpcratJon~. District ',1,1 Pumping Operations District '~l 4 Y, Ware r Resource Development Projects I)ist net ', 13 :, Regional Cost Share PBC ltillsboro Dmtr;ct q 13 24 Regional ASR Pilot Project I)~stnct 913 24 Agricultural ASR Evaluation District '~ 13 2.1 SJRWMD ASR Cost Share D~stnct '~13 2.1 Program Element Suppon District ~}13 24 Program Suppo~ District 913 24 Ecological Analyses & Evaluation Regional 913 a. L.O. Research and Data Collection Regional 912uI Program Element Suppo~ Regional 912 0 I Program Element Support Regional '*12 el t'rogram Element Support Regional '*12 Caloosahatchee Water Mgt I'lannlng I)Jstr~c~ ', il Muaiity Control/Data [4c[)ortinF, Dtstr:ct ,,,,,, '; c',c m et~, Mai ntcna nee Dmt tiC: ' q } ,' ' >4FRSM Developmcrx [):r. tr ;c', ',~) / ('-.1 Structures Dlsd:i'[ ,~,,, i~ SWIM Plan Update Rc};t ',:',::: '">', I, d Evrglds Works o~ thc' Di'.;l Permittmp, laep, J, mi:: ',~,t u, ';,;rth I'ahn isc'a, h Crv k'.'Lit(:r Ll~lt I'hm l>m'.rh t ', ,: ' I raimng..'Dc)ctm~ct~tatv.:~ I);5tr].' '.'h' ~; Dade Water Mgt PJlm l)mtrx:t ~'ht dh t',~astal Broward Comp Water Mgt Plan [)mtrh t s,,., .,,, Code ih05 L'L'I)4 'JO02 Kho l Kb02 ;)il2 ~'; h99 Ck ~)aO 1 )dO I :)}05 CI06 ~-] ~ ~hr)2 NUMERICAL RANKINGS OF FY99 PROGRAM ELEMENTS (Cont.) Program Element h \Vatcr Usc Permitting Program l'.'Icmcnt Support Program Support h 1_O Planning l_akc Okeechobcc Ir~bularv Sedimclq Removal I.akc Okcech~hcc Water Retention & Phos. Rcmtwa} {'r~gram Element Support Pro~Iram E]cn~cnt 5upp~rl Autr m~atiorl h~lrumcnt h~stallalion [ ~ xr~hatchcc SIc~ugh Data Processing Database I I lydrologic Modeling Program Element Support Program Element Support Chmate Studies k [.xolic,'Aqua[iC Plant Gmlrol Aquatic Plant Control Program Element Supp{~rl 5 Palm I~cachCtvlntcgratcdWatcr Rcs Plan Program F. Icn]cnt Support t vcrgladcs Stormwatcr M,magcmcnl ..Xcmc/Wcllington rake Tralford Restoration M,xlc{ Maintenance/Upgrade Data Processing District-Wide Modeling Support l tydrologic & t tvdraulic Analyses iq',~giam Ilcmcnl Sup{)t~rt Rcgirmal Implementation Tamiami 3rail Flow ILnhanccment Research and Plan C-ordination Plan r)cvclopmcnt and Coordinalkm Kiss. Basin Water Supply Plan Development SWIM Plan Implementation lntcragcncy Modeling Support Structure Maintenance - Pump Relbrbishmcnt EAA Water Storage Feasibility Studv a Kissimmcc Restoration Rcscarc~ Pr,~gram Element Support c Exotic Spccius Control Mclalcuca Control Pr{,gram [:lcmcnt Support d 1.0 Exotic Control [ Right-of-Way Management d Data lSvaluati(m Rcp(~rting [~ ~ILi Evaloati(m Rup(~rtil~g Pr ,gram Element Supp,~rt i'r. ~gram Suppr~rt DV,' Major Program Supp{,rt } H~at~cia} ~[SfiCbFlllCll[ Water Cogscrvatkm ECB [mplcmcntaticm Equipment Mainl i. EC Minimum Flows and Levels Project Type l)istricl District Di~,trict I,tc!;Tt~r~al [)lstriLt [)iqtr~ct I)iqtri~t t)istrt~t District [)ist/i~t Dislrict Regional l)is~ riot Dlqlrlc[ Di~trkl I)islri( t [)i~ltk [ District I)iqrit t R c)',, m. ~l District District Regional I)islrkt District Dismct Rcgi~mal Rc'gi~ m Ilislrlt'l l)iqricl [)islrlt l [)}hlrltl Diqlrit t [)NIFIt t l~istrk t [)ISITIL[ 166 1 Cumulative Benefits 891 2 I 891 2l 8')1 2l S9 I ) h 88t~ 5 I 885 8~2 2 I 878 24 ,s77 s75, ~)1 87F, 87 ,%7F, 72 ~7F, 72 h~, I 23 857 856 7() 85.1 27 852 5h 85() 75 851) 850 6') 8F,() 15 8f,() 15 84'1 5 I 848,9i 125 NUMERICAl. RANKINGS OF FY99 PROG~m ELEMLN'IS (Cont.) Program Element t; I.X.' Water Supply Plan I)cvch ~pmenl Watcr.',hcd BMI: Research C::mplian~ c Reporting [l]lhl I valuali(,1 & Reporting %l .~ I LdM/C-SI Wcsl ~[A I Wost W:~rk~ hi.RI Inll(:w [)i~tllbt]lhm qiA 5 '.',it --I V/CA Ihrin~ t~l Displa,ud Workcr~ Programmatic Envir(,nmental Impact Statcmunt KCP Program Oversight ECP Program Managemenl Pr{~gram I~lcmc, nl Supporl Water Quality Improvement Sllatcgic.~ h KRP. Fn[]invcrin}] :-' ;[ '.'.c-t N u ,tld U~L' l'crr~lilltnj] hlvcqq~q,.- J ~tllptTl(:lll twIr~nmt,lqdl FloWS & Icvcls i'r, ,qram Klcmcnt Support I :,cai G()v (;t~mprehcnsivc Planning ~,al Gov Comprehensive Planning i'r,:qram Llcmcnt Support ,, al Implcmcnlali(m ~'r dram I lcmcnl SUl~p()ll Project Type l)i.strKl Rc.Ri~ )hal Rt'!~i( mal t'] t'[,q, )ti,il i<t };i. I(c~:n)p.il l,',t );:, ,n,ll F',cgl, [.] t'?,i: iH.il Rcgi:mal Regional RC'gl~ :n,:l [hM r I~ [ I~iqrk t ]~lMrk t Nt'~H, DisIH~ l Dislri,.t [}islrict I)t-lrkl 16G 1 Code :~al7 Dk Dk()l I )o 12 I )b~ ~4 Gg99 Nd) I Cg0l CIO I Ed04 Gc GcOI ~)b,~7 (; d Gd' ~2 Gd99 Kc05 Gh NUMERICAL RANKINGS OF FY99 PROC, RAM ELEMENTS (Cont.) Program Element Project Type Cumulative Benefits I. 2,'< I'c'a~flqlitv Study [)i*.ttl~. t S.' I ,,2 Biscayne Bay hnplcn~cntation DiMritt 817 b3 I t'rrcstrial ~qant Control l)iqritt 815 Communication & Contnfl Systems [)mtrltt 812 88 I:ngmccring AclJvitics Dmtrkt SI 2 75 k Dmtrict Water Management PlaR l)Nritl s()'~ Pr,~gram t3ement Support Di,t ntt ~l~,~ ( )thur I~qu~pmcnt Maintenance D~qm t x()7 I.~ )wL'r WcsL C(~ast Water QtlilJily MOllih prl~lg Rt~l, m,,J 8~)h I.WC Water Quality Monitt)ring Rcglonal g~)(, Develop Rainfall Driven Schedules for Evrglds l)~stricl 8~5 f Water Control Structure Maintenance Dmtnct g(i,1 ENR Proiuct Management Rog. mai xu4 37 Mgnt. Scheduling. Budget Develop. & Ox)rd Regional x~).~ Para Analysis & Reporting Rcgi~mal X~)l / i i ribal ()utrcach I ~,..,I s<~rl Mclalt:uca C~ mtr¢l RUSH, ,nut 7'~'~ ()' FRcgional Rest Major Program Suppart Rcgi~.x,I 7u,~ Apjqiuati(m Compliance &Criteria Dcvcl i)lq~ht ,"/ /~ Machine Sh~p [)iMrlt t )"~7 C-139 Annex Rcgl~)t~al /'~t, I I Prngram Management Rcghm;d /'L~ 85, l'r(~gram Elcmcnt Support i4L.jll()ll;ll 7,1~ Pn ~gram Support Rcgi~ mai ," M i -ter, ~ Bay/Water.hod ,A~scssmcnt l)lMrKt /' L? f'n~gram [ilumcnt Adnunlstrativu Supp(~rt [ (~caJ ;',i,? .; I ask Force Coordination Rugi()ndl i'u.( Berm/l.cvec Maintenance Dmtrict /',1 Construction Distrk t ,"~1 I Program CoordinationiPMCl/Han Develop Rk'~i()lldJ }'X,' .12 . Government Aflairs l.otai ;'8n 52 Fcderal/Congressiunal Outreach Ix)cai /~, 52 State/Legislative Outreach [_~>tal 78(, I ~)cal Outreach [.~t al 78G 52 I ~ff~bying ~Rcgistcrcd) l,,cal ;Sn 52 t'r(~gram F. Icmcnt Support I~ ~t al /Sh b2 Min Flows & I.cvcls Big Cypress Nat'l Preserve I)Nr~t ,'x0 28 t '.'crgladcs Supplemental I cchn~ dogies Rt'51i~ mai 7x{, Maintenance Support I:~ILLIIIv [)lslrlt [ 7X,J 112 C-Itl I,tc~ll( ~l/iil 782 d PtiJq~c Affairs I.(~taJ ;Hrl nl PLlhlic ]/l[()rlllilti(~ll [.ileal 7~() hi i'uhlic Rclati(ms I ~tz,~ 78¢) ~,1 Program Element Support l.ocal 78(I 6 I tydrogeok)gic Studies District 77963 t%'drogcologic Modeling I)istrtt t 77u 63 h Water Conscr,.'ati(m I(~cal 77~ o9 127 t28 Code Xx'J9 Bb BN*9 BI f:Ct) I Car,7 Da 18 NUMERICAL RANKINGS OF FY99 PROGRAM EL£M£NTS (Cont.) Program Element Pro§ram Element Support Program Support I~)cal Major Progran~ Support a l(nvirorlmellld[ Resource Pt'.rmJlli~g t'n~gram [dement Support Canal Maintenance ~ Big Cypress Basin Watershed I'rojct:t Kcolngical Assessment C, ,nto:.:r Mapping ~[ydrtflogic, ih'druulic :Xl,,duhng !'t:,gram Elcn~cnt Suppt,-t f'r<~grum F. Icmcnt Support I ri't, Managemcn[ ?,lr?nit~r]ng & Reporting ' ','al?r I.'.cs(~u reef Program Suppt,rt Purmilling I WC Water Sup[fly Plan g C/Jrlal/llCVCC Nlamtcnance b Rcseard~ and Data Collection Program Element Support I%~uhm~',Tcrmfltmg El'licicncles r Skmnwatcr Treatment Areas O&M C'a hal '1 .c vcc Maintenance Pump & Structure ()pcrat]ons ~ KRR t'mgram Management Internal Coordination Lxtcrnal Courdinalion /'r~ :jeer Budgeting l'rugrarn Klumcnt Supp~rt Rcghmal implcn~cnlalion :i Capital Program Pr, ~r~irll f.[unlL:rll 5tJp[7~ :ri ~'r~ ;gram I. Icmunt Support c ,Media Relations Media RclalJons Program KIcmcnt Supporl , [xpcrimcntal Program r)purational and Structural tmplcmcntali~m ['~,gram Element Support L'.'rglds Class III Phos Threshold Rsrth Canal Conveyance Capacity Regional AS~ Pilot Project~ I.EC Plan Regional Implementation Program Element Support Program Support Operations & Maintenance Project Type l.()Cdl l_(x:al Ixx. al I):st ri,._t l)istm, t l)i~,trk t [)lMrlct I)i',tmt [ )i'.,trlt I [)istrict ()istrict I)istrit. t f)iktri,l ~)iMrh t Disl rk l [)iqrk l [)islrkl [)~slrk t Rr}~i~nal [)lstrlt I Rqm mai Rt:gh mai R(;gi~ mai lic~li( )rial Rcgk mai Rcgi()nal DiSIFict I.: :c I (,tal l.()cal f~cgi, mai Rt'gi~ )Il;Il Regional DlsLricL District Dislricl Rcgkmal Regional Regional Cumulative Benefits }'/;'4 i:' ,'f, '}'6 2.1 ,q, / ~, 2.1 7 '4 /, ~ ,q.l , /I '(~(, ~,~ /f,() // 7rd: 7/ 760 70 /f,() 70 /f,f) 70 7(~( I 7fl 7t,Q 7(~ /J'.7 /r,) bi /hi 7~, /4:) 7'lq /47 5(, 7,17 5;, 747 5t, 746 57 746.45 74629 7462U 7'1,1.'13 744.43 743.48 Code .: Iq,08 Bg02 i hO I ~ ,,,~ NUMERICAL RANKINGS OF FY99 PROG~M ELEMENTS (Cont.) Program Element L;;R Data An,:~lvsis Pr~,~r~m Elcmem Suppurt Pr~gr3m Support C)puri,tinnal Plan DevekMmcnt t.ngmcuring Anah'scs & Design 5Cl~alrlolc [:.ntitlc~cnt Study ~lydroh ,gic Modeling ','.'cst [5~)vnt.,m Farms Xt~rth SI;rings Imprtwcrllcnt District Pn~gram Element Support <nnstruction Management & Permits SEA ()ptimi/ation Rcscarkh & Modeling q04 Permit Research In llow monitoring Water Quality Basin Assessment .:. Seminole Rose.alton Miccosukee Rese~'atlon [:.stablish Eco/tiydro Needs of EPA ['rt~lcct ,Management St: ~rmwalc. r ~i)'dn flogic M(mitoring and Reporting Program Flcmcnt Supp~rt ".'.'Q Mt~nitt~rinll S~>uthcm Fvcrgladcs F mcrgcncy Managcmc'nt Program Element Support h Modilied Water DdwerJes Program Element Support [:vrglds BMP Effectwcness Rsrch c [:Jorida Keys Water Quality Plan Program Element Suppnrt 5tc'.,,'a rdship Fcedc~ Canal I 28 Interc(..ptt,- i. 28 Basin Program Iflcment Support V.'Q Data Analysis-Southern Everglades a C-I I I Projc6t Implementation Program Element Support h~terim Property Management Interim Property Management Program Element Support Local Implementation WQ Data Analysis-Fk~rida Bay Structure Maintenance - Manatee LEC Local Implcmentatkm Project Culvert Replacement Structure ModilScati(m/Rcpair C-harlottc }larbor 1 idc Review/Appraisal F.n,.'in)nmcntal Audit 5urvcy/[ cgal Duscripti~,n M.'~otiatkm Land Acqutsiti(m Phc.gram Element Support a land Acquisition t~xtcrna[ Coordinatkm & Public Outreach [:.ngincering Atqalvscs & Design In lake research: cxot~cplams Canal/l.cvce Maintenance Project Type Reg, m.~l Regi~mal Regional Regional Regional Regional Rcgi(mal Rcgi~ mai [)l-Irk l [)i<lrict Regional Rt'gion,,l Regional Regional Regional District District District District Rcgk~r~ai District District [)istric~ [~istrict District District District District DistrJct District District District Rcgiona', Rcgiona~ I>istrict 16 - 1 Cumulative Benefits 7.12 %? ?,12 T.:, /,12 7.12 7.12 ;',1 ? ~, I 7.Hi 7.1 /,~5 37 735 1 735 :33 7.3.'~ 99 732 87 73261 728 3O 728 3() 727 ~.~ 727 ,i 4 72~ ~3 723.~ I 722 22 7 8 39 7 8 7 774 / 774 7 7 / ~, 'iff 7 i~, 4,1 714 7 t,} 40 714 40 712 712..I 71146 71146 711.27 711.27 711 27 7 700 t 5 7().{ 11 7Ol 7/ 7Ol 77 7Ol 77 7Ol 77 7Ol 77 7Ol 77 77~1 77 129 13O Code !.', ! ~'~1 bh I 0 Iai.: F_dl t5 laf),l C1,14 Cd NUMERICAL RA~KINGS OF F~99 DROGRAM ELEMENTS (Cont.) Program Element ~turmwaler Master Planning Regional Implementation ,Mercury Research & Monitoring c Non ECP Work Xlcrc~l~' Scrcc, mng RcB~rlin~ Water Quality J S(). Evrglds/Florida Bay Research& I'ro~ram [3cmcnt Supp~rf tight ~ a ltalf 5qunre Mik' Area Italian Ri,,'crl.agoon,Sl l.u, ic V,'4t~tc:w;]lcr Master DrlJJitl~ z Pn~gram Support i.and Acquisition In lake research: nulr/cnt l;~ct~Ls ENR Permit Monitoring I Criteria Development Support Criteria Development Support Model ]ethnology Devel/Applications Program Element Suppo~ !n-l_ake Water Quality Mnnitormg lt~ lake research water level impacts program Elcmc, nt Support lC) ','A,rks of thc I)istrJcl Pcrmltlin~ I~r~'.4ram t-:lcmcnt fiupJ~orl Pn~Rram Element Support Pr~grarn [:.lcmcnt Support L'.'rglds Fn(,d Web/Wading Birds Ilydro Ix~cal Implcmcntali(m Database Developmenl VTQ Monilorm~ - Fl()rkla Bay Internal Coordinalion f~;fi ~upport I3k;: V,'Q & t l)'dr(~d?naml~ t~1~ ~dciinR ¢ BavRc~ - Fresh 112()in'llov,'cllec[son Amlqcn[ watershed mOlllh)rJll~ L','~rks of thc District Permits Moniloring Dairy Monitoring [:lec[rical Shop F Bay Res. - Sea grass mor[alily & algal blooms Mowing In lake ecological trend assessment lid. l.icen~e Tag Projects lake ~ Watershed Database/GIS Development Allernatwe Water Supply Source Initiative Enf(~rcemcnl Eco Response to Restoration Activities d Contamin. Assess. & Reined, - kVlr Cid Struct C, mtamination Assess. & Remediation Project Type Regior,al District Regional Regional l".e.'4i(m a 1 I,k, gional Region,il Re~iorl:d Rcgion.~l Distrk I Rcgi~mal Dislrkl l)istrict Region,il l)istrkl Dislrict L~ ~c a I District District District District Regional Regional District Rcgnmal Rc~i(~rlal Regi(mul Regional Regional [)istnct l( ~CaJ Rc~i(mal Rcg~orla! Regional Regional District Regional District Regional District Regional Loc a I District Regional District Dmtrict Cumulative Benefits 692.5V 690 .1,~ (,89.55 (,~7 51 f~R7 5 l h~f) 73 n75 I ~ (~74 97 n74 73 653 29 6~2 652 62 652 62 (~2 62 652 60 64.$ I1 [~4 I 7 I 594.11~ 584.53 5~3.34 579 92 579.5~ 56925 567.57 556.13 5,13.40 54O.3O 532.66 532.6(~ Code Program Elemen~ Rcmcdiation N~m Walc'r Remediation-Non Waler C/S C'n99 Prc~ram Element Support bhO7 EI',,X Water Quality Standards Evaluation c [o5 t~ ,undaU, Survey}Marking .',,bO6 Dcvlpmnt of t'u~lic Use Facilts [:aO5 t lydologic Modelin~ IM02 RcgulatoD, lntb Managcmcm c:1~)2 F~re/Sc,uritv IdOl Groundwater Studies k, ~1 ..Xpplicamm. Compliance & Crilcria Devcl cT)I Public Use [',d..)2 RcgulatoO' Info Management ~ i02 Cooperative Agreements l~ ~,2 Rugulal~D' Into Management ,r ,2 ~' Icclrical u,l~ .-'mah'tic al Lnharlccments k ~ DJq/Siting/CZM L,x~ Pre)gram Element Support lc ~ I i'r~lcct Review :h~5 ~ () Sccmc Frail ', ,3 C;cncral c'~ I,; Ntrutturc Security '. ~, ~i ~ c~uIFrllc, llt , ;, (;cneral Maintenance c' ,,~9 Program [~lement Support Iq,~,,~ Rc~c'arch Integration with IiCi' ','..,xi I-ur~ctir~nal Support t, laj(~r Pr(,q Support , ro V'chlclu/l{qtJipmcnl , ~ 2 Support to Othc'r Departments C~., 4 C'a rpcnt~: C, ,,,~ i'amt & [k)dy Shop .,%r ,5 [)cbt Service - l_and Acq [5~)llds & M Programs as Collected (Att~butes I-S are N/A) NUMERICAL RANKINGS OF FY99 PROC, RAM ELEMENTS (Cont.) Lb, ;.1 ()utrcach & Training I_q q kmergency Management lqOI f~mc'rgency Management I_q,;~ ir're,gram Element Suppurt l.h h Supplier Divcrsm: and Outreach l.n,.,3 c >ccupathmal Satctx; l.g g Procurcmenl 1.~ 12 PF~ )L Llrc[llgtl[ 1-)~"* Pr,~gram Element Supp~rt In n RJ~R ManagcrllCnt [ n'~', Pre,gram Element Supp~r't ~ r:*'2 f~t'm:l]th ,'",drll I n Jsl r u t~ u~ In,,, ").. ~upatuma] Ilcaiih Ihr..~ C ,ri:tact Compliance Analysis & Support [.n, ~ Insurance AdmJnlstraHotl ' Ix ,r, i Rccruitmcnt/Rcmocati~ m [.c(~, Icchnical Review& C(x~rdinali~m [.d d Legal Supp(~rt Project Type I )l'-,l rl~. r Di:qrlt_: Rc}.;i~ ~r' J I l)istrKt Distric' Re.git mu l Rcgiull.ii Regional Distri,..t Reglor, al Dislrkl Dlstri,. t District Di.,,t th_ t i)i'-!rh t I)i'-t rI,~ t Distri,~t Dlslri,_l P. cgi~ mai [)lSlt h. l Distrt,t [)~str~cl Supp~ ~rt St,pp{,rt Support Supp~rt Support Support Supp~ 5upp{ ,ri Supp~ Sup[x,rl Supp,',rt Support Supporl muppt~r't Nupp~rt 5upp~ ,ri Suppt)rt Cumulative Benefits ,',j~, :t.-'l l :, 17 4s :, I.i 4.1 f,;hi 8t ')~,h ~,2 ,),)h ,hi,) 13 4 ~ I h2 342 .~l .{.'l 2 il $,1~) .~ ,?s.1 72 2 14 ,'2 () ~)f) 423 .),i .1.?.*, 423 24 ,I I~, .912 3,q~, 44 37h IO 373 II 372 ~,l 131 132 Code ".M~ I ;,;' rllf)f~ '.. MoO2 I NUMERICAL RANKINGS OF FY99 PRC~R~M ELEMENTS (Cont.) Program Element : Govt.'rrirllcrlt arid Admirllstratl()tl Regulation & Planning Program l-:lcmcnt St,ppor! I}istrict-wMc V,'atcr Resources Klarlat~cmci'lt [ ¢,_'h meal lntc§ratk~n xvv.' 'I [l'~h;ri'll3th ,Il add (')utrcach c Scr','i~.c (..'cl'Itcr :\dllliBi'.,tr,Hltm 5ttr\'icc Ccntcr :\dlr'tilllUtrdth!I1 CI'.'iI \'A~rks Plan '.','uh Dcvt, lopnwnl & (;',S, Rum~;tc Sc, n<!rLq ?.l ','.T.i (crltl],.ati,,n & Vc:~,h,r [);ddh,~.t :::r rm.:ti, m %orris. cs !'"',!2. F,iHTI hllpJumt'rlttlth~ll & ['r, ;perry ,,\ppra~scr/lax Collector Ir'us : [;udgcting P, udgct I)cvch~prnent/^dmtnistrati{m Pr,>gram l-:lcmcnt Support C',, ~mmkll'llCations ErlhaflcemeDt m Hnancial Management l ransactmn Process d~a)?oll/AP/Pelty Cashl Fixed ;\sscls/Invcrllop,.' Ac('tJuritirlg I ax Administratmn ['r~grarn F. Icmcnt Supp,~rt ) cJcc()mlllklnlcatl~)rlS, Admllll:,trati()fl p I:au & f~,1d)4 IrrJpr~wt'r:.'muT'mt~. I:-;Orl-\VLdt r C, ntr,,i~ c~:pital f'roglam iMlicv Management and C(,(,rd ,r:acflity Opcratmns and M,~intcnancc c I cra.q-Term tt(,ri,.'~,rl PIitBIlilI~ t'r,~gram F. lcmcnt Suppc,rt Program Support Inlb Systems & 'rcchnol(Lqy ()n .'-;itt.' 'Iraintn~ Pr{~g,r;_'m} Klemunt Sul. pnrt Pr, %,r,:lm .ql~pp* <,! dl',','d FL' [')CVCh i .r?l pJo.V::c Dc,.'cl~pmcr~t 5vstcms Intcgratlon Lxccutivc ,Management Ih',,gram Klcmcn~ Support Ct)mpcnsatlon Administrah{m h Fntcrprise Enginecnng .\llirmdtivc Action/E[:O P,,licv Management & Coordination Supp~ ~rt ,, It{m~an Resources Management Pr.,gram Element Support Vmion/Mission/Stratcgic Planning lnlbrmation Systems & Technok)gy Planning f'ravcl Se~,iccs Governing Board Bricling & Support Program Element Support hnd User Support Project Type Supp~ ,rt Supp* Supp, fiupp~rl Supp,,~rt SLJpl*~t %Upp~ SupJ,~tt Stlp[~ '-,uI'[' 5upp~ Supp( Supp~rt Supp, Supp{,~t Support Suppt~rt Supp, Supp~ Sept)( ,rt Supt'~ Supp,)rt Supp~ 41 Supp, %upp~rl Supp~ ,t I StJppt )~ t Supporl Supp~ul Supp~rt Support Stlpp{~rt Cumulative Benefits 3/2 , }"l 3/./ Ill .~hJ (I() 3 J.' 2'u, .I,~ 2S~ ;',h 259 7,I ,?.l, 2.1, ?"1 I 243 "' 24 I 23,h n2 23 1 3h 2 J / 2()'} 4') 2O2 8 I 197 2,1 185 ()5 I 7h Cc~le I kti8 I c02 MhOI ih',, i m i NUMERIC.AL RANKINGS OF FY99 PRO(;RA,',t ELEMENTS (Cont.) Program Element Project Type [ mph?cc Roi/dj,m,. SUlT~rl k [nft~rmatlon Sharing ~'n~rarn [:lcmcnt Supp(~rt Supp~ Mail Services Supp~rt Scc rctanal [Mol Services Supp~ General Accounting Supp~rt a Rethinking Suppcrl Rethinking Group Support Program Element Suppom 5upp ~rt Year 2~Xl Compliance 5upp~ G, wcrning Board Business Operations Supp~ ,rt c' ~ntinunus tmprnvcmcnt Nupp~ll Rt'Cnglnccrlng ACllvitic~ ;'r~,gram idcmcnt Supp:,rt Supp, F,c. owing 'Warch~u.c M,in,t~t lllt. nl 1. & ,ti Programs as Submitted (Attributes I-$ are not alwa):~ N/A) q lmcrgen~y Management Supp~,~l ] rnc'rgcnuy Manage mcnl 5tipp~,rt i'h %'ram I!lcrncnt Supp~ t. Ivll Wt~rks Plan [ )lq rk.t wide Water Rcs, )urt'(:~ ' ,'~ ~lrll(:i[ Intcqratirm c Sca'itc Cuntcr Administrath~n hcrrvlcc Ccnlcr :MJmlnistrati(m ;'~,,gram [qcmcnt Support /~utrcach & ~raining h Supplier Divcrsitvand Oulrcach tk ;licy Management'and . [~xcculivc Management Program Element Suppo~ ~'~,~gram Implcmcmation & Review ( )ccupalional Safety < Procurement c, retract Administrati~m Pn ~k tlrement Prr~gram Element Supp~rI r' }4i<k Managcn~cnt ['r ,~r;tm Elcmcrq Supp~rt E',c nc'fits Adminislrat~,n ~.tq~ati~,ndltlcalth ~ ntratt C,~mpliancc ,.Mkdx'*l~ ~ Supp,~rt P~ h.v MandgcmcrH & C'~ ,, ~rdlp,lllt)lq Supp,,rt ?.~, r~ntmcnt 'Rch ,~ amen ,.] { e~a] , ".'crrlmcrlt &lid .Xdmlr11>tf,dl, Pr '~_~Uilll [{lenient St;pp~rt ~nk~rrnation 'lcchn{fl¢~gy ManJgcmcnt & Support l'r~,xram klcmcnt Support InlrdMructurc Management kl 'WIH: Certification & Vendor Database Ma,nt KIc:clronic [)(~umenl Managcmcnl Inl~ ~rmation Services Ca~h/Debt/Investment Mgl Supp,~t't "u[X'. Il 5upp, ,It Nt.l['~[ x ,ri Supp~ ,H 5, uppl~rt 5lll'~p(d l :~ tlppt ~rt Support Supp()rt Suppurt Supp~rt Suppt,rt Support Suppt ~rt Supp~ ~rt 5upp~ ,ri Stlpp~ 5upp~ Sup[x ~rt Supp~,rt Support Supp, Supp(,rt Supgx Supp~rt Supp~rt 5t;pp~ 5upp, ~rt 5t;pD ~rt Support Support 5upp~ ~rl Support Support Support Supp~ 1 Cumulative Benefits q~ 77 r,)' /7 5/ ;'/ II 44 ,~ I 2 2S :si2 /71 71773 716 14 716 Iq 3t).? ,9) 9)2 9) .9)() r, I 372 ~).1 342 72 312 7,1 291 133 Code NUMERJCAL RANKINGS OF FY99 PROGRAM ELEMENTS (Conl.) Program Element "' ~' [>t, ,qrom I Joint, nj Supp, ~rt :'r, ~gram Llcmcnl Supp, Pr,~gram Support Software Development Emph}ycc Devclopmcal I-.nd User Support ! rnpl~ 5'c0 RclalJr k hd(~rm,ilh)t~ Sh,:rrrT Mill %t'L rL'tZi[IdJ Ih :( )[ ~('l VILLiN ," qr,irn Llc'mcnl ~ , ~lltJlllh)Ll5 Jmpl~ WL'IJlCfll h'.e'cll~Jncc, rJrl~ AL livitjcs ,z Admmislr~livc supp~,rt Pr: ~granl EJcmcnl Support Nuucivin~i/~Varch(mse Mana~emcnl Project Type SLli'p, %u;-i .... ~Ul'P %u['p, ~t:ppr SUpp~ql St:pt:( SupD 5upp( ?qU['['~ 't' 5upp( 5lJpp( bupp~ Supp()rt 5tJppt 5upp, 16f 1 Cumulative Benefits .."il .) .-~.~, .). i.:, .)..'1.) .' ') i ltd, II I II i 16G ~ !-? fi' rrrzl- Ffr rrr frrl- september 30, ! 998 South Florida water Management District ~A Component ~nit office St~te of Florida I I I I I I I I I I I I I I I I I I COMPREHENSIVE ANNUAL FINANCIAl. REI'ORT SOUTH FLORII)A WAFER MANAGE~IENT DISTRI(3' A Component Unit of the State ~1' Florida Fiscal 'fear Ended September 30, 1998 Prepared Bx' ,\ccounting and Financial Services Division Robert N. Gra~; Director INDEPENDENT AUDITORS Arthur Andersen LLP 1 I I I SOUTH FLORIDA WATER MANAGEMENT I)ISTRICT COMPREHENSIVE ANNUAL FINANCIAl. REPORT [:OR THE FISCAL YF. AR ENDED SEPTEMBER 30. 1998 TABLE OF CONTENTS I.'VTROD UCTOR }' SECTION Page LEITEP, OF TRANSMITFAI 1-I REPORT COMPOSITION .................................................................................................................. 1-2 [. Introductory Section I-2 II. Financial Section III. Supplemental Financial Info~ation Section .............................................................................. I-2 lX5 Statistical Section I-2 X'. Disclosure Section ........................................................................................................................ I-3 VI. Federal Single Audit ............................................................................................................... I-3 VII. Schedu!c of State Financial Assistance I-3 HISTORICAl_ ANI) CL'RRENT SE~ING I-3 District Bac~ uround ............................................................................................................ l- Geographic Boundaries of the District General Opcranons ....................................... . .................... Regulatory ['ox~ ers ......................................................................................................................... 1-5 Other District Programs ................................................................................................................ I-5 RE'x'I [(W OF THE REGIONAL ECONOMIC CONDITION AND()b*'I'LOOK' ............ I-5 Ovcrvie~ of the L~al Economy. .................................................................................................. I-5 Major Industries and Population Trends .............................................................................................. 1-6 Furore Economic Outlook ....................................................................................................................... 1-6 MAJ()R INITIATIVES 1.6 Everglades Restoration ......................................................................................................................... I-6 Florida Ba~ - Southern Everglades Restoration ....................................................................................... 1-7 ............................................................................................................................ 1-8 Kissimmee Restoration Lake Okeecho~e Restoration ................................................................................................................ I-8 Water Resource L~d Acquisition and Management ............................................................................... 1-9 Water Resource Programs 1-9 Water Resource Data Acquisition and Analysis ...................................................................................... I-10 Govemmem and Public Outreach Program ............................................................................................. l-11 INTERNAL CONTROLS ................................................................................................................. Principles of Financial Management ...................................................................................... Budget Adoption and Controls ..................................................................................................... 1-11 Accounting Controls .............................................................................................................................. 1-12 Audit Controls ......................................................................................................................................... I- 12 MANAGEME~'S DISCUSSION AND ANALYSIS OF FINANCES ..................................................... I-12 Financial O ~rat OhS ~ ........................................................................................................................ 1-13 Financial Position ......... .............................................................................................................. 1-15 Cash Management ..... Debt Administration 1-15 Cenificale of Achievement for Excellence in Financial Reporting ..................................................I-16 -Xckno~ edgments ..................................................................................................... l- 16 ORGANIZATION CHART - LIST OF PRINCIPAL O~CIALS ................................................................ I-17 GFOA CERTI~CA~ OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING ........ 1-18 i TABLE OF C6 3,TEA 7S I Continucdl~ I I FI.VA.VCIA L SECTIOA' Exhilfil ~ ................. II-t REt'c)R'F OF INDEPENDENT CERTIFIED PUBI,IC ACCOL'NT:\NTS (,t-.. t..I,,..\I., Pt_ I,,1 .)SI': FI N ..X NC I ..\ I~ STA'FEMENTS ('embincd hLdc:ncnt ol Re',enucs. I~xpendHurcs and ('hangc', Fi:nd B.da::,.¢ -All (;.,~:ernmental Fund T>pes .......... -'*. _ II .4 ~'~,mbined >,~..Ic.m;:nt of Revenues. Expem.hmres and ('han~t.',, Fund B.:l.mcc - All Go,.ernmental Fund Types - Budget and A,:tua!. .\ · . . . II-~, Statemen~ ot ke'.enues. Expenses and Changes in Retained Earnings Propne:a:? Fund Type - Internal Sera. ice Fund ................... .\. ";tatcment cq' ('ash FI",.,. s - Propnc:,:r.', Fund T.', pe - Internal Serx ice Fund .\ :. II-I~ Note~ to ~t~t. Financial Statements II- I I C()>,IBINING. INI)I\'IDUAL FUND AND ACCOUNT GROUP FIN..\NC[,-\L S'I.,VI'E.MI!NTS ANI) SCI tEDL'LES GeneraI Fund 111-2 Comparatr,'e Balance Sheet ....................................................................... B-1 .......................... 1II-3 Statement of Revenues. Expenditures and Changes in Fund Balance - Budge! and Actual ........................ Special Re',enue Funds ............................................................................................... lll-,'$ Combining Balance Sheet C'-I .................... lll-tO Combining Statement of Revenues. Expenditures and Chan~es ir, Fund Balance ................................................. I'-' ................... III- 1.2 SIatemeni of Re~.enues. Expenditures and Chan:zes in Fund Balance - Budget and .Actual Okcechobee Basin ....................................................................... ( '-.; ............................ lib t 4 Big Cypress Basin ...................................................................... C'-..1 ......................... III- 17 Surface \Valer Improvement and Management ..................... ('-5 ......................... III-19 Save OurR ,.'ers ............................................................. ('-~ ............................ Ill-20 Departmenl of Environmental Protection-Aquatic ['lam ('onm,l .. ('--. ..................... 111-22 .-\rm.', Corps of Engineers-Aquatic Plant ('ontrol ............... ¢"-× ................. 1II-23 i ,'reda Pov. er & Light .MitJsalJon ¢'o ........................ 111-24 t)riando Beltway Mitigation ...................................... ('-If) ....................... 111-25 'Wetlands .".'litigation ................................................................... ('- 1 I ........................... III-2t. Indian River Lagoon Restoration ............................................ C' '~ · -i ............................ III-27 Everglades Contributions ................................................................ C- 13 ............................ III-2S Intermodal Surface Transportation and Enhancement .Act ............ (7-14 ............................ l II-2q Capi:al Projec: Funds .................................................................................................................... 111-3 I Combinin~ Balance Sheet ................................................................. D-I .............................. 1II-32 Combining Statement of Revenues, Expenditures and (/hanze., in Fund Balance l ~-2 .................. 111-3-1 Statement of Re,,enues. Expenditures and Changes in Fund Balance - Budget and Actual District ........................................................................ 1)-3 .......................... 111-36 Okeechobee Basin .................................................................... 1)-.1 .............................. III-37 ii I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS ( Con:im,.d~ I I I I I I I I I I I I I I I I /:INA.\'('IA 1. SECTIO.Y (continued1 l.:xhilfi4 ~ Big Cypress Basin .............................................................. I)-5 ................... 111-38 Sa,,e Our Ri%ers .................................................................... I)-( ................... Ill-.lO E,.erglades Trust Fund .............................................................. I)-- ........................ ltl-4 I Federal Emergency Management Agency ..................................... D-S ........................... III-43 Florida Bay. ................................................................................... I)-9 .................... 111-44 Schedule of Acti~ ity b.~ Revenue Source and Project Element E,.crglades Trust Fund ........................................................... I)-1{~ ............ III.45 (-;.eneral Fixed Assets Account Group ..................................................................... 111-16 Comparative Schedule of General Fixed Assets by Source ........ t:-1 11I-.17 .Schedule of General Fixed .Assets - bv }:unction and Acti,.il,, ..... 1:-2 ........ 111-48 Scheduh: of Changes in General Fixed Assets - by Function and ..\cti~L,,. F.-3 ...... III-49 ( i::neral Long-Term Liabilities .Account Group ......................... Comparafit e Balance Sheet ................................................... Comparative Statement of Changes in General Long-Tern', l.u&~l:tx:~ Schedules of Special Obligation Land Acquisition Bonds Series. 1903 .......................................................................l--3 .............. III-53 Series 995 ..................................................................... 1--4 ........................ I11-54 Scrie~ I996 ................................................................................... }:-5 ............................ II1-55 .............. 1II-50 . t'-I ..... III-5t ~'-2 II1-52 S TA TISTICA L SECTION DEMOGRAPHIC INDICATORS Annual Percentage Increase in Population .......................................................... G-I .............................. Ix,'. 1 Annual Rainfall ................................................................................................... G-2 ............................. IV-2 Unemployment Rates .......................................................................................... (.i-3 .............................. IV-3 Per Capita Income ............................................................................................... G-4 .............................. [",,'-4 .-\ssessed Value of Taxable ProperLy. .................................................................. G-5 .............................. IV-5 .Assessed Property Value Per Capita ................................................................. G-6 .............................. IV-6 Assessed Taxable Property Value Changes by Component ............................. (;-7 ............................. I\'-7 Employees Per 100.000 Population .................................................................... (i-8 ............................. IV.S REV!:.NUE INDICATORS c;~,vernmental Funds Revenues Per Capita .................................................... tf. t ............................ 1\'-o GuvemmentaI Funds Revenues by Source ........................................................ ~1-2 ................... IV-10 }'ropert? Tax Revenues .............................................................................. ~I-3 ...................... IV-I 1 Property Tax Revenues - Principal Count.',' Taxpayers ................................. }f-4 ................... IV. 12 I)~ striTt Property Tax Ra~e ............................................................................. I ~ .5 ........................ I V. 13 Basin Propert.,, '['ax Rates .............................................................................. ~I-¢, ...................... IV. 14 h~'~ ::stmen: Ticlds ........................................................................................... tt-7 ............................ IV-15 EXPENDITURE tNDIC.-\TORS Ex penditures Per Capita ...................................................................................... I- 1 ............................... IV- 16 Expenditures by Major Object ................, ........................................................... 1-2 ............................... IV-17 Expenditures by Function ................................................................................... I-3 .............................. IV-18 iii TABLE OF CO/bTENTS (Contimted~/ I I STATISTICAL SECTION (continued) ~. E×hibit l'aee OPERATING INDICATORS ('urrcnt Ratio ....................................................................................... J- I .................. Ix,"- 19 ','et Debt Per Capita .................. ......................................................... Ratio of Net I)cN t:, Assessed Value J-3 ....... I',.'-2 I Ratio of Debt Sen ice to Total General Gm. emmental Expenditure~ J-4 x.' ',", I ).~bt to Capital .Asset Ratio ..................................................................... J-5 .............. \'-23 WO t< K t.O.-\ D I N D 1 C :\T O R Permit ..\pplications Received ...................................................................... K-I .............. I\'-2.1 Water Moved b', District Pump Stations ..................................................... K-2 ............... I".'-25 Water Management Lands Trust Fund Activip, ...................................... K-.: ............. IV-26 !'rescrx afion 2000 Trust Fund Activitx ................................................... K--~ ........... Ix,'-£7 l.and Acqutsmon Trust Fund Act ~. t.', ............... K-5 ........... IV-28 DISCLOSURE ,%'ECTION S.E(' RULE 15c2-12 DISCLOSURES District Agreement and Effective Dates V- I Annual Financial Information ............................................................................................................ V-2 Security for the Bonds ........................................................................................................................ \'-2 Documentary Stamp Tax .......................................... ;; ............................................................................ 5.'-2 Funding and Allocation of the Trust Fund ....................................................................................... V-3 Documentary Stamp Collections and Debt Sen'ice Coverage ................................................. V.3 t'se of the Trust Fund .................................................................................................................. V-3 l-:.scro~v and Reserve Funds \'-4 ..\nnual Debt Service Requirements ........................................................................................................ V-4 Audited Annual Financial Statements .................................................................................................... V-5 Required Notices .................................................................................................................................... \:-5 Histor,cal Documentar>. Stamp Tax Collections and Debt Service Cmera<e .... N-1 ............................. \"-6 Water Management Lands Trust Fund - District Account ....................... 7'. ...... N-2 .............................. V-7 FEDERAL SINGLE AUDIT ...................................................... x.'l- I S Ctt El) [_'L E 0 F S TA TEI' 1.% A 3, CIA L A SSIS TA ,,VCE .................................................. \'Il. iv I I I I I I I i I I I I I I I I I I I I I INTRODUCTORY SECTION I I I I I I I I I I I I I 1 South Florida Water'Management Di--strV ct 3301 ¢; un Club Road, %Vest Palm Beach, Florida 33406 · (561) 686-8800 · I:1, \VATS 1-800-432-204~ I T O: Ti)D (561) 697-2~74 GOVERNING BOARI) MEMBERS AND SAMUEl. t5. i'OOLE 1II I SUB.II{CT: (,OMPREIlI{,NSIVE ANNUAl. FINAN(,IAI. P, EI'()I~,T - FY 199,'.; I I I I I I I I 'i'hi-: C,,nlprehcn<i'.t- Annual Financial Reporl (commonly callcd the '('AFR' entitle; and :tm,t< for =~hich thc Board is Iin,ncially acctmntable ' )ur ,,[,cr;H~n: resull-; lot the 5'ea~ ended Scplember 30 x~erc Revenue< t,*taling S335.5 nfillion, pfim~ily composed of 5209 S millim~ lrmn prtTerty taxes and 5S9 4 million I?om federal ~d slate so~ces. Expenditures Gl 52S48 million, including S193.2 million for operation,. 583 S million li,r t'apilal ,~utlay. and 57 8 million tbr debt service ()ur financial position at September 30 relxmS As<ets approximating 516 billion, pmn;~ly comp,~ed of capital assets ~51 1 hillitm ~ :md i. ~ c-et tilt'Ill< ,5363 I millionS. Li,bilitirs of S152.6 million, including bonds payable oI' SS3 5 million Net equity oF 515 billion that includes our Sl.l billion in capital asset~ plus unexpcndcd 3345 million Responsibility lbr ~e integrity, objectivity, accurncy, completeness and fai~e.<s of presentalion oF Ihcsc linancial statement~ rests ~tith manngement. The General Puq~osc Financial Stalemcnls and i.divitlual nmd slatcmcn~s were prepped in confo~nity with generally accepted accounling principles (GAA[')for g~,vernN/crlta] entities To our knowledge, the illlYrlllalioN i3 accuralc in all material respects ami I',irly present< our llnancial positim~ and operating results. The rep~m includes disclosures required t~, provide ,m undergtanding of our linancial affairs. I I I I I I I Thc District maintains a system of internal accounting coniFerS designed to provide (a) reasonable assurance lhat assets nrc sat~gmarded against loss or unauthorized usc and lb) reliable thmnciat recto-ds For ,~e in prep:rang financinl stalemenls ~d for maintaining accountability of assets The concept of rcas,mablc, ;;urance is bnsed on recognition that the cost of an intenml control system sht)uld nol exceed Ibc bc/lclhs A~ur Andersen LLP. independent audiN)rs, has audited the tinancial statements in accordance wilh generally accepled auditing stnndards ~d included n review of inte~al accounling controls m the extent nSeC'ssaO' to exwess an opinion on fl~e fairness of these tinancial statements A,~eph M Moore Robert N Gray ( ) CqfiefFinancial Officer Director. Accounting~d Financinl Se~ vices .; anuaO' 15. 1999 Ge,.-..rrr::,:.. Frank \\':iL.m; ,,~..Ir.. CEa~rmar. Eugene k 7'er?:~, V:ce Chairr'r;a:: Nhtck, ei~ %' B,:r~er I-I Vera 51. Ca=er Richard A. Machck Samuel E. Poole III. Executive Director Wilham E. C;raham Michael D..MintDn %hchael Sla?'~on. Dcpuq.' Execut,ve [)lrec~or \Villiam } tammond *linam Singer Mai. ling Address: P.O. Box 24680, \Ve~t Palm Beach, ?L 33416-.-U',80 REPORT COMPOSITION The organization, form. and contents of this Comprehensive Annual Financial Report conform lo generally accepted accounting principles (GAAP) of the Governmental Accounting Standards Board ,G.a. SB,, and the guidelines prescribed b.~ the Government Finance Officers Association ffJF()AI. It ~,mtains seven major sections. I - 1NTROI)t'C'I'ORY SECTION Thc District's historical and current setting that summarizes our slalutOr) crealitm. ?ovcrnam.':. artd management plus our boundaries and locations: A re,. lev. of the regional economic condition and outlook, including ma.ior industries, populalion trends and the fut'are economic outlook: .-\ '~t:~:rnar~ :,t' ou:' major initiatives of the pas~ >ear and major actix itics in thc future: -\ dJscussior. :,:' o'ar internal controls, including a brief o,. er", ie~t of our Prb:ci! h'~ ',/,~w:~,c,w~::. budgeting and accounting controls, audit commiltcc c~. crsi,.:}ll, arid audil~: Xla~agcmcn: s discussion and analysis of the District's finances, includinaz our :~pcratmg result>. ~Snanc~al p~>ition, cash management and debt administration: Recogmtion of financial reporting awards received by the District. I [ - FINANCIAL SECTION that contains the Report of thc Independent Certified Public Accountants. and General Purpose Financial Statements including Notes to the Financial Statements. I11 - SUPPI.EMENTAL FINANCIAL INFORMATION SECTION that includes detail financial statemcr~s ,,f individual operating and capital funds plus statements and schedules of fi\cd assets Imcluding ~;~frastmcture~ and outstanding District debt. These are grouped as follows: · Combining Financial Statements Individual Fund Financial Statements, anti .-\ccount (;roup Statements and Schedules. - ~TATISTIC.'~L SEUFION presents ten ','ear trends of data in cha~ts, graphs and narrative tor ~he ;oliowing indicators: Demographic Revenue kxpenditur= Operating · \Vorkload 1-2 I I I I I I I I I I I I I I II SoLuTe FkORm.-x Wa'rEa MAN^CEM£NT D s'rR]cT 1 I I I I I I I I I I I I I I I I x,' . DISCLOSURE SECTION that presents annual financial information and operating data for all outstanding bond issues (the ".Annual Information") consistent with Rule 15c~-l_ of tile Securities :md Exchange Commission. This section also makes a positive statement regarding thc nonoccurrence material exents during the ,.'ear. VI FEI)ERAI. ~INGI,E AUDIT thai contains the Reports of tile Independent Certified Publit' · \,,.',,untants relating t,) Federal l'rograms, tile Schedule o[ Expenditnrcs ol Federal A'.t. ards. and schedules of Findings and Questioned Costs for the current and prior fiscal xc:,rs. \'II - SCIIEI)t'I.E OF STATE I:INANCIAL ASSISTANCE that coma!ns thc t,,cp~' ,rl of Im. lcpcndcnt <'cnified Public -',,ccoumant< on F. xamination of Managcmem's ..\sscrtion aN,ut ('ompIi:,ncc \:nh ',pccified Requirements of State Financial .Assistance :md the Schedule of SL*tc l"in,mci,H A,stslancc HIS TORICAL AND CURRENT SETTING I)ISTRICT I:}ACKGROUND South Florida's subtropical extremes of hurricane, flood, and drought combined with efforts to populate th:s "ne,.,, frontier' led the U.S. Congress to adopt legislation creating the Central and Southern Florida Flood Control Project (C&SF} in 1948. i'ac project s pnmao goat ,.,,as to se~'e the needs of the region's growing agricuhur:d aud mbau popuiattons and Id protect and manage :tater resources. The U.S. Army Corps t,f F. nginccrs (C()E~ would. ,,'.er me fo]lowing decades, design and build a vast netv,'ork of lex'ecs, canals, and drier imi',rovc,J ',,ater"xa,.'s. and water ccmtrol structures designed to help manage thc oflen unpredictable ,acalhcr .:,.trcmes of the region In t949 the Florida Legislature created the Central and Southern Florida Flood Control District/F('DI ac~ as the local sponsor for the project, operating and maintaining the v. ater control nelv. ork with funding ~r,~m property taxes levied within District boundaries. Throughout its history, this regional water rcsc,,rcc :::':nc,. exolved and grcv, primaril:, in response to population gro,.~.th and development and ils. impact '.'. ,~ter resources, Thc Florida Water Resources Act of 19,_ launched the most significant change, itl thc slate's appro:~ch I(', natural resource management. This legislation divided the state into five retzional v. atcr management districts and greatly expanded the responsibilities of the existing FCD. '['his included a greater cmph:,sis on water quality and em. ironmenta[ protection initiatives. Thc FCD x~ as renamed the South Florida Water Management District in 1976. and nexx boundaries were dra,.,.n to encompass the region's primao' watersheds. Since 1949 the District has grown into a multi- faceted agency responsible for most watez resource related issues - from providing flood protection and x~ater suppl.,, protection to people living in cities and on farms to restoring and managing natun. 1 ecc,s.vstems. Thc I)istrict's Go,.eming Board is composed of nine members appointed from specific~ geographic areas ',,.ithir. our boundaries. The members are appointed by the Governor and are coal;treed bv lhe Florida Szna;:: .Appointments are usualh.' made on a staggered basis as vacancies occur. Board members serve v, ithout saiaD, for a term of four ???'ears. The Board elects its own officers, including a chairman and vice- chairman. I-3 1.,I SOUTII FLORIDA V~ATER ~'][AN:\GEMENT DISTRICT (;EOGRAPHIC BOL.'NDARIES OF TIIE DISTRICT Water management district boundaries are based on natural, hydrological basins rather than political or count,,' limits to allow for effective and efficient planning and management. The boundaries of the District zncompass all or part* of the 16 counties listed below, covering a total area of 17.930 square miles. More than 5.9 ~nillion pcopk live within the District's boundaries. Counties t?,ro~ ard Charlotte Collier Miami-Dade Glades Hendr'5,' dando Highlands Lee Martin Monroe Lake O.:eec."o:ee Orange' Osceola* Fo~ Mver~ Okcechobee' Palm Beach Polk' St. Lucie SOUTH FLORIDA WATER MANAGEMENT DISTRICT Key West GENERAL OPEIL&TIONS West Palm Beach For~ LauderCale The District's water management system includes roughly 1.800 miles of canals and levees, with 200 primal' water control structures operated by the District. Nearly 2.000 smaller structures are in place s~ stem-wide to control inflows from secondary, sources (local. municipal, or count> drainage and/or water control districts)into the District's primary, system. The District has 29 pumping stauons which can move imndrcds of millions of gallons of water in and out of storage areas, providing both water supply anti flood protection, The man-made water management system undergoes continuous enlargement and refincmenI with nc~ construction, acquisitions and upgrades to the existing network. This enhances the system's ability m pro, ide flood control and water supply protection as well as preserve ,.tater quality and environmental ~ alues. District employees are located at facilities across our 16 county jurisdiction to offer the public more direct and responsive access to permitting and other agency functions. These locations include eight Field Stations located in Kissimmee. Okeechobee. Clev,'iston. \Vest Palm Beach. Fort Laudcrdale. Miami. Homestead. and Naples. District headquarters are in \Vest Palm Beach with Service Centers located in Broa'ard County. Fort *l.,,ers. Naples. Martin Count>'. Miami. Orlando. Okeechobee. and Big Pine Kev. The Big Cypress Basin Service Center and Field Station are headquartered in Naples. Operations and policies for the Basin are directed by a six-member Basin Board and are carried out by Basin staff, under the direction of the Basin Administrator I-4 I I I I I I I I I I I I I I ! I I I Sol:'rt~ FLORmA W.&TER i¥I;~.NA, GEMILNT D~STR~CT I I I I I I I I I I I I I I I I I I RE(; L'I,..\TORY POWERS Thc District has a number of regulatoU' programs designed to protect the region's water resources. I;nder ~he state's 1993 environmental streamlining initiative, land alteration activities or xxorks affecting water resources are regulated under one type of permit - the Environmental Resource Permit. The management districts and the Florida Deparlment of Environmental Protection IDEP) ha,,c dc~chqx.'d uniform wetland delineation, mitigation banking, and environmental resource permitting criteria. Thc District is also resFonsible for regulating consumptive uses of water. 5'.', pcs of activities regulated bv District include: Projects v, ith impacts on wetlands or other surface waters (dredge and fill~ Surface Water lmpro'.ement and Nlanagement (S\VIM) "Works of the District" [.7se of District lands, canals or levee rights-of-way 'Faking water from lakes, canals, streams or aquifers Draina_oe s', stem construction or operation, and ' V%'cll co~:struction (.}TilER DISTRICT PROGR.\.xIS Fhc District's responsibilities reach far beyond regulator5.' programs and operations. The [)istrict acquires. manages, and often restores lands through Florida's Save Our Rivers ISOILi an.l Preservation 2000 programs. i-:n'.ironmental education targeted at schools and at thc general public is an important I)islricl Partnerships and coordination with other levels of government and other agencies help support watc~ resource development projects, development of alternative water supplies, water conservation, reuse, and slorm~va:er management goals. Research. data collection and analysis help ensure District projects and programs are effeclivc and efficient. Emergency operations and management are a cornerstone of District operations, espcciall> during the hurricane season, or the seven-month dry season when serious water shortages can occur. The District is also a leader in melaleuca, aquatic weed. and other exotic pest plant control. REGIONAL ECONOMIC CONDITION AND 0 UTLOOK O%'[-iR',,'IEW OF TIIE LOCAL ECONOMY South Florida's economic performance from .','ear to .,,'ear is closel5 related to the iJ.S. econorn,,'s overall health. As expected, the nation's lox,., unemployment rate. Iow inflation rate. lox,,' interest rates, steady .job creation and a bullish stock market have contributed to the continued growth in most of thc businesses that make up the local economy. South Florida's economic expansion over the pas: several years has also been fueled by the addition of new residents seeking to enjoy an improxed job situation and life-style in a favorable climate. 1-5 .MAJOR INDUSTRIES AND POPULATION TRENDS Thc number of new residents that mo\ed to south Florida during the last decade has increased thc 7opulation by an a',er.',ge of tv.o percent annually, about tv,'icc the national growth rate. Thc nc,,x rc',,Idcnl.~ pre,vide a boost to ecouomic growth by stimulating demand for homes, iurnishin.,zs, cars and scr,, ices Th~: tourism industry performed remarkably ,.,.'ell. ahhough it was hurt b,, Io'aer numbers of foreign ', isi:ors due to a slowdown in the Asian economies. A health.,,' U.S econom,,, cheap gasoline and cul-ratc airf.~res encouraged additional domestic tourists to south Florid:]. offsetting the drop in '['he construction industry continues to thrive in most of sou:i: Florida. Residential h~,u~m. c,,unties ,,tithin thc District totaled approximately 64.000 ill l'.:'~t, and !~)'}~ tl,,u,.mz ,.tarJs rcm:ii,cd ,ir,rog in !(~9S. and arc projected to increase m t,(,.O00 in 2002. l'h~. entertainment ind],stry has surged ahead in recent .'.ears. espcciall.x in .',l~ami-l)adc (',,urn'. In ~.dd~hon to gr.)x~tk in television and feature film production, the indust~ has ,.:M~ericnccd grov. th in cable and ,d'.ertising production, fashion photo~aphy and recorded music. Entertainment is the regi,m's k, swst growing business sector. '.,. ith revenues in 1998 expected to approach 52 billion. FLTrURE ECONOMIC OUTLOOK South Florida's economy is expected to perform well in the coming }ears. In addition to gro'.~th in thc toua,m, construction and entertainment industries, the region should experience solid grmtth in international trade, business and financial sen'ices, telecommunications, and medical-pharmaceutical industries. The population of the District is predicted to continue to grm~ at ~:s fast pace. xxhile ]nemployment is expected to remain lox,,'. Companies ,,,.,ill continue to relocate to south Florida. drav,,n b,. :ts high quality of life. abundant financial resources, expanding port facilities and proximity to :ntcrnational airports. MA JO R INI TIA TI VE S 1': VE R(;I,A 1') ES RESTORATION F]onJa's Everglades is the largest subtropical wetland in the United States and a unique resource. Thc F.;cr;zlades "Ri~er of Grass" contains a diversity of planls and 'aildlifc nor found an'.whcrc clsc itl thc i 'r,~t:-d States. For more than a centup:', man has altered the ecosystem 1o provide for Ire development of a ~rt,,~ mg population, for agriculture, and for protection against deadl,, hurricanes anti droughls. Toda', the Everglades faces critical challenges as a result of more than 100 >'ears of chanues, l'i']osphorus- cnnched agricuitural stormwater runoff is upsetting the ecosystem's delicate kalanc~. Other thrca~s include changes in the quantity, distribution and timing of fresh,.vater: an infestation of non-native plants: merc~m,' accumulation in the tissue of some Everglades fish. birds and animals: anti a reduction in the size of the Everglades marshes. The Everglades Forever Act. passed by the Florida Legislature in 1994. established requirements essential to restore significant portions of the Everglades. The Everglades Restoration Program is thc South Flor/da Water Management District's plan for achieving the requirements of the Everglades Forever Act. The Everglades Storrnwater Program has been initiated to ensure that water quality standards are met at all District-controlled structures that pump water into, through or from the Everglades Protection Area. I-6 I I I I I I I I I I I I I I I I I I I SOUTtl FLORIDA I,¥ATER MANAGEMENT DISTRICT ! I I I I I I I I I I I I I I I I I Thc Everglades Restoration Program is composed of the following seven major activities: Everglades Construction Projccl Research and Data Collection · F. verglades Works of the District Permitting · Exotic Species Control · Stormv,'ater Treatment Areas Operations and Maintenance · Everglades Stormv,'ater Management Program Support I-he E~erglades Construction Project continues in its efforts to design, permit and construct Stormx~.ater ['reatment .Areas rSTAs~. Construction of STA-6. Phase I, was completed during fiscal year 199S. Trealcd d~,charges began on December 9. 1997. following a six-xteek start-up period. Construction of S'I'A-1 \Vest. including the Inflow and Distribution Works. STA-2 and STA-5. progressed well through thc fi,,cal ',car Contracts '.~ere awarded for the engines, equipment and facilities construction for the STA-I West and ST.A-2 outflow pump stations. Additionally, the design was completed for the SS-A Basin Diversion ,Ocean and Hillsboro canal enlargements), a component of STA-2. Other fiscal ,.ear 1998 program accomplishments include: Development of simulation models to predict the effects of phosphorus reduction and h.~ dropcriod management actions on the Everglades ecosystem Determination of wavs to optimize the removal of phosphorus runoff using Best Management Practices and Stormwater Treatment Areas · Documentation of the phosphorus removal performance of the Everglades Nutrient Removal Project · Investigation of various "supplemental" technologies, such as microfiltration, chemical addition and solids separation, and periphyton-based STAs for further reducing the phosphorus load from STAs Documentation of baseline water, soil. and vegetation conditions downstream of the STAs, and Investigation of mercury fate. transport and bioaccumulalion as affected by phosphorus reduction and hydroperiod management strategies FLORIDA BAY - SOUTIIER.N' EVERGLADES RESTORATION The purpose of the Florida Bay - Southern E,,,erglades Restoration program is to restore a more natural quality, quantity, distribution and timing of flows to the Southern Everglades ecosystem and Florida Bay. The primap:, focus of the program is the structural modification of the C&SF Project to allow increased flo~t s into North Shark River Slough. Taylor Slough and Florida Bay. The C-III South Dade Project focuses on the restoration of flows into Ta`.'lor Slough and the panhandle of Everglades National Park. The Modified Water Deliveries Project focuses on the restoration of Northeast Shark River Slough and the Everglades Expansion Area of Everglades National Park. Thc Experimental Water Deliveries Program allows for operational modifications to the system, which will provide data for the projects currently being constructed. I-7 Sou'm Fl. omn^ W^'rF R M,xN:xc, F.,,,m,,,"r D s'rmc'r Construction is more than 95 percent complete on two new water control structures (S-355..\ and 5-355111 that will help to restore more natural water deliveries from Water Conservation Area 3B tr~ Nonhcasl .'-;hark River Slough. part of the Everglades National Park Expansion Area. Construction to r:fisc Tigcrtail c'am?, a Miccosukee Indian tribal community, also is nearing completion The camp was raised eight foci t<~ protect it from higher water levels that will result once the project is completed ['ndcr the C-l il Project. more than 600.000 cubic yards of materia] x~a,. removed from thc lcxec thc ,¢~uthem side (q'the ('-II1 canal. This work immediatelx improxcd water distribution bx all{~wing .,;~tc: from the canal tn overflow the southe~l banks, thereby c~tabli:,hm~ a more n;nur;d shccl-jl{,x~ ~.~ arc: azross thc panhandle of Everglades National Park and on lo FIr~rida Bas. In addition. ,.~f :~ nc~* pump station i5-332[)1 ~as completed in 1997 to help rz~cstab'.~sh m~rt natural water Ic~cl~ ~hc Taylor Slou~h ponion of Everzlades .National Park and detixer more fresh,water to [:lr)rida .md s~cifications have been completed for a new elevated bridge to replace thc Taxlor 5hmgh bridge ~:xcrglades Nati~nal Park. The ne~ bridge is needed to alleviate constriction ,q' l~,~x~s thru,ugh Taxl,~r :,lot~Th to Florid.: Ba~. [~ I S:':,IM M EI-~ RESTORATION Bcr,~ccn 1962 and 1971 the L'.S. Arm.~ Corps of Iinginecrs dredged the Kissimtncc Rivet. ~hich turned t03 miles of pristine river into a 56-mile long canal. Its purpose ~as to keep thc grm~ing cities Kissimmee and Orlando du'. During the 1940s. flooding caused damage in those The environmental devastation of the dredging was staggering. As natixe vegetation disappeared, s~l did the animals depending on it for food. nesting and cover. Only I0.000 acres of x~cll;mds rem:tin ~f x~ h;~l had hcen 40.000 la lO76 the Legislature created a commission to study restoration of the river. After ye;irs of sludics and :xpcrimentin~ with ways to restore the aver. a plan evolxcd to fill 22 miles of thc canal with original ,po~l material, fi~rcing thc v. ater into the historic river channel and floodplain. The project also calls fm rcm,~ing tx~o of six dams and locks along the canal. When finished. 43 miles ,;f the hislr~nc ri,.cr wil be r:._'qt,.~red and about 40 square miles of river/floodplain ecosystem will be restored. l'he District and the federal government will share the estimated S45';' million cost to restrlrc the aver. The COE will co',er the costs for construction and design of the restoration. Tr, date. the l)istrict has h,,u~ht about 95 percent of the 87.000 acres needed, including land around thc upr:vcr lakes m hold more ~atcr The first large-scale phase of filling tile canal is scheduled to start ~n the spring ~f 19{)~) and bc i]ll:,ilcd in 2002 The final phase is scheduled to be completed in 2C)10 I,AKE OKEECtI(,~BEE RESTORATION l.ake Okeechobee ~s a critical habitat for wading birds and migrator). ',~ateffo,.vl. a source olc drinking and ~rngation water, pan of a trane-Florida navigation route, and is an economicaIl> important commercial and recreation fishe~'. The purpose of the Lake Okeechobee Restoration Program is to protect and enhance these natural and societal values of the ecosystem, which are now threatened by excessive nutrient inputs, the spread of exotic vegetation, and unnatural water level variation. Restoration efforts involve the District and several state and federal agencies. .".laior activities supported in fiscal >'ear I998 included the recommendation of a new regulation schcdutc fo: :he lake that provides improvements for the littoral zone and estuaries and enhances water suppl5 I-8 I I I I I I I I I I I I i I I I I I I I du~ng droughts. Also supported ,.'..'as the formation of a multi-agency, issue t,,., ]rn lhal ,.'.,'ill prc, dm.'c au ac.~?n plan in fiscal )'car 1999 for controlling phosphorus load n~2 from tilt. ~alcrshcd and polcnlial lak~measures. I I I I I I I I I I I I I I I I R! arch x~as conducted to e~.aluate responses of algae itl thc liltoral zone to increased nulrlen[ inputs. l!nfiscal >ear 1999 will be expanded to consider nutrient addilion impacts on inxcncbralcs and fish. ~7~ ,les ,, ere imtiated to measure oxygen depletion and phosphate release in,o bc),um, ,,'a~cr~ ,n [he mid- la~ region, and research was completed regarding diet habits of commercial aod sport fish I.~m:zqcrm st~ es to exaluate effects of lake s~ge on submerged algae were continued. Research directed ev~ ~ating lhe effectiveness of different herbicide treatments lot comr, d uf torpcd,, grass x~ a~ ct~ntinut'd. (71 .ruction of the field-scale ex~fimcntal ~cf pasture arra3s, installation {d flumes, and ingl hmentation of the pastures was completed at the Buck Island Ranch for re,catch axM~'iatcd x~ itl~ op ~;zat~on oI enxironmentall5 sensitixe beef cattle operations Modeling cI~ons include de, flopment and validation of watershed and m-lake models. Thc I.ake {)kcc'cht~bct. Wakzr Mc ~el was used in support of the Central and Nouthern Florida Flood t',mm~l Pr~H::c~ Requdx ~V.. ER RESOL'RCE LANI}:[CQ['ISITiONAND ~IANA(;EMEN'I Th~ stale aud wa[er management districts remain committed to preser',inz land~ ~hat arc cs~cnlial res( fin~ and maintaining larger regional ecosystems. Through the Saxe (ht~ Rial. rs pr.~r n. ~hc hasA~nt approxm~ately S4 ~0 mdhon to acquire 317.900 acres to conser',e the rcsion ~ ~ atcr resources as ' ' - ' e 'e-E 'er.la,lesecosvstem. In ~cal year 1999 the I)istdct will l~us on acquiring lands within the Eas Co: st Bufler. Walm I rcscrxc Are~. and .-ktlantic Ridge. The East Coast Buffer is a series o( public x and pnxatclv m~ncd lands qre~hinc from central Palm Beach County lo Miami-Dude Coum~. and is located adjacem 1o the Icxcc sep~tinz the Water Conse~'ation Areas from urb~ development. TThe buffer provides multiple benefits fore,°st of which is environmental enhancement of the Everglades. followed by groundwater recharge. Land stewardship is another important element of the program. Funds are proposed for management. maintenance and capital improvement. These functions include habitat proteclion and enhancemenL prescfi~d burning, environmental monitoring, and public recreation such as hiking, camping, and horseback hding. The District's Interim Pro,ny Management program will assis~ in our efforts implementing management plans designed to reduce costs and ~) manage rcsporsibl~ those lands acquired for other Districl uses. ' ' ~V.-~I'ER RESOURCE PROGRA.".,IS The Go'.erning Board approved the District's Upper East Coast Water Supply Plan during the second quarter of fiscal 5'ear 1998. The plan is the first to be completed in the state under recent legislation. This planning document is the product of a public process, which relied heavily on an advisory co~nmittee representing the interests and concerns of the region. The planning effort proxided a forum to x~eigh projected water demands of urban areas, agriculture and the environment a~eainqt available supplies. The (;overning Board also approved the Lov,'er East Coast Regional 'Water Supply Interim Plan durin.,z the second quarter of fiscal 5.ear 1998. This plan provides District staff and '.~,ater users with a work plan to identify model development needs, regulator3., direction and other related activities. Thc txkemy-?ear regional water suppl.',' plan for the Lov, er East Coast will be completed in Ire 5'ear 2000. SotrrH FLORm,x WATER I~'IaN.XGE,XlENT DISTRICT '1 l'he Seminole Entitlement Stud.',' was completed during the fourth quarter ol Iisca] xcar lUUS 'I his x~o~k calculated the entitlement amount for the Seminole Big C.~press Reset\alton. Thc (;-,.crmng Ih,ard x', ill receixe thc entitlement recommendations during the first quarter of riscal ','ear 199u I'hc [)raft Background Document for the Kissimmee Basin Water Supply l'lan x~as comp!clod during tile first qt, aner of fiscal .','ear 1998. During tile second quarter thc ptelimmar5 protect c{mlph:tion ,chedule ,.ta~ de~cloped and ground water flow model dexelopn',cnt I,egan I;~'~ Ibc lhild tltlarlcl izround,aatcr IlltXJel de~.clopmcnt for this planrling elforl had ~.urpassed ,he 5~')'; c~,l~lptcli~,r~ pO:l:I t)unn~2 thc tk.~rd quarter ,',f fiscal ,.car 199,', thc Districl ct,mplctcd the I)istrict-wide Water Assessment. v. hich is thc first requirement scheduled in ('ka;,:ct 3-L Flt,rida ?,t;mllcs l'hU, d<,cumcn: :ncludcs den:and assessments for 1995 and projections [or 2020 l,,r -~x catcc,,r~c, t,I usc. hxdr,~h,:ic ,',stv~ dcscrlpti,)llS, xxatcr resource analvsi~ for the COtl~UCs \\il}lin :a~h o1 thc [)~qriql's l{~tll plato]ill rec,,ms, and a sch:dulc for completion of lumrc ~atcr suppl5 plans I )ne of the maj,)r efforts underway is the joint planning stud.,.' b.', thc District and tire I'.S. Army ('orps }:n.,.:ineers to improve the Central and Southern Florida Flood Control Project t('&SF Rcstmh ~ h, lire'C{ t'ulure water suppl.,, and t'lood protection needs while protect,ag and rc:aoring natural svslcms. F!orida House Bill 7t5 directs the water management districts to plan k,r a goal of a one-in-ten level ccnaint,, for water supply. During fiscal 5'ear 1998 the Restud.,. team began fi)rmulating measures to e'.aluate whether the stud,.- is approaching thai goal in the plan iteration process. Furlher. as tile team maximizes augmentation of the resource, issues of ecologic:,l continuilx are being evalu:tted more thoroughl3. ",VATER RESOURCE DATA ACQUISITION AND ANAI,YSIS tt5 drologic and meteorological monitoring continue to be a vital comptmenI of thc Water I~,cs,,mcc 1)ala Acquisition and Analysis Program. Future water management, operational planning, and scicnlific decisions \till be made based on the acquisition and analysis of data \Vater quality monitoring pro,.ides data tor evaluating ~,.aler quality cc, nditi,,ns in specific areas to de,ermine thc performance of demonstration and research prc0ect~, and lot planning purp~scs. Thc :najorit? of data collected is required to meet mandated requirements of thc E,.erglades }:ore\er ,.\ct. thc 5, ettlement Agreement. Rule 40E-(,3. Memorandums of Agreemenl. anti permits. Non-compliance c,f thc manda,ed requirements can result in significant fines and litigation. Ilydrologic monitoring provides for the continuation of ground x~ate; research, monitoring, and modeling projects and is necessary to collect data and information needed to support regulat~ry, planning and restoration efforts. Much of the hydrologic monitoring work is needed to complete waler suppl> plans, water use criteria development, and restoration activities, alt of ~hich haxe mandated completion dates. This effort '.,.'ill continue in fiscal year 1999 and beyond Data evaluation reporting provides data and written reports on water quality and hydrologic conditions to address permit and legally mandated requirements, research efforts. Governing Board concerns, and public inquiries. This reporting supports district-wide monitoring programs, including the Stormwatcr Treatment Areas of the Everglades Construction Project. 15vcrglades Nuuicnt Removal l'roiecL E'.crglades Stormwater Program. Southern Everglades. Florida [ga'.'. Lake Okecchobee. aud tile Water (.',;reservation Areas. l- 10 I I I I I I I I I I I I I I I I I I SOUTtl 17LORIDA WATER ~'I.a,N^GE,'q~*;NT DISTRICT I ! I I I I I I I I I I I I I (;OVEIL\'MENT AND PUBLIC OUTREACI! PROGRAM Thc objective of the Government and Public Outreach Program is to inlorm and educate c~t~zens and elected officials on water management goals and initiatives through a combinalmn el comrn,micati~m acti'.ities. Specific programs and projects include production and distribution of print, audic~-,,~sual and electronic products; media relations: water resource and censer'alien education for adults and .',m~fl~: participation in community events: and intergovernmental coordination and assistance. During fiscal >'ear 1998 the District worked with local officials to resolve issues in areas ¥.hcrc lands arc needed for v,'ater resource purposes. We also wor~d with the Office of Water Policy and local government representatives to expand the draft Guidebook for Creating Effecw~e l.inkages Bet,,vccn Water Suppl.,,' Planning and Land Use Planning. We entered into an agreement ,.~ i:h Palm Beach :., develop a master plan for the 20.000 acre farming area v. est of Florida's turnpike for tile count\':. proposed Agricultural Reserxe Study. 1'he District is interested in building reserxt,~rs on a porln',ll et thc azncuitural reser'.c and supports Ihe stud,.' as a v. ay to integrate ~atcr and land usc planmng ~utreach effort> '.t~th the tqispanic communit,, sYere continued and expanded tc include ..\lr~can- .-\mcncan audiences in Palm Beach. Broward. and Miami-Dade counties. \Ve als,, initialed commumt~- based minority outreach in other areas throughout the District. Fhe media outreach program ~tas expanded through the outsourcing of x~riters (~ generate rm~re Waler resource-related articles for both the print and electronic medium, and throuo[' fi'~c usc ~d advanced computer technology to more effectively communicate tile District's m~ssion, go:~ls, and x~a~er resource objectives. \Ve continued the water resource education program b? pro'.iding infmrnation and training to students and teachers, and by pro~iding financial assistance for the true:mortal o.)st.sharc Ipartncrship~ projects. The adult education and outreach program was expanded to include thc corporalc commtmilx and to further de\clop and implement a volunteer pro~am. INTERNAL CONTROLS PRINCIPLES OF FINANCIAL MANAGEMENT Management acknowledges its responsibility for sound administration of our financial resources. Tiffs responsibility begins with our Principles of Financial Management. 'i"hese are sixteen guiding principles established by our Governing Board that reflect the core beliefs of how v,e dc, business. One of Ibc pnnciples says that u.e '.,.'ill maintain accountability and prudently use financial resources. As an integral part of our goal of fiscal accountability, we currently provide useful, timel'., and accurate financial information for reporting, analysis, and decision making. Accountability requires presentation of relevant information in a ~,.ay that attracts attention, retains interest, and is understandable to the citizenp:. Thc objective of this report is to communicate as clearly as possible our operating results and financial pos~xon. [:~L'I)(;ET Al)OPTION AND CONTROLS 'Ft',c 'Iruth-in-Millage (TRIM/ Act enacted by state legislation requires discl,~surcs of |nformation regarding tax millage and budget adoption. Each .','ear. folio,alan the requireJ disclosures and thc condzcring of hearings for taxpayer comment, the Governing Board sets the tax rates and adopts a budget ,"or a!i funds. The Governing Board also approves budget transfers among departments and capital projects during the year Management applies a level of control at which expenditures ma5' not exceed the budget at the 1-11 , '. .... 'T IJISTRICT ma object level within a department and fund. We use encumbrance accounting to rcscr,,c budgeted appropriations for obligations incurred but not received. 1 I I .-St CCOL,'NTING CONTROLS .Management is responsible for maintaining an internal control structure designed t,'~ assure that [)istric: assets are pro~ected from loss. theft, or misuse. The concept of reasonable assurance rccoznizcs that cost of a control should not exceed the expected benefits, and the el ah:ation of co,,ts and bc"ncfits requires management's estimates. The Governing Board and management hale a plan ol organization anti pt ic cs m place ~o safeguard assets. ;aiidate the reliability of accounting data. promote operational efficient,,, and encourage adherence to prescribed managerial policies and procedures. \Ye belicxc these existing in'tcrnal accounting controls adequately safeguard assets and provide reasonable, but not absolute, assurance proper recording and reporting of our finances. :\UI)IT CONTROLS The .Audit Committee of the Governing Board assists the Board in fulfilling the District's fiduciary and statuto~' responsibilities. The Audit Committee oversees the internal and ex\eh.al audit functions. The Chief Financial Officer and the District's General Counsel are ex-officio members who assist the Committee in its performance of responsibilities regarding District governance, financial repot\inc, and internal controls. ~ The internal audit function is carried out by the District's Inspector General. ~ho is bired bx the Governing Board. The Office of the Inspector General regularly conducts efficiencv, effectivenes~ and economy audits of District operations according to an annual plan approved by the At~dit Committee. The audit staff review, rs compliance with policies, procedures and controls bi evaluating the extent of compliance with established policies, plans and procedures. Florida Statutes require that an external audil of our annual financial statements be performed bv a firm of independent certified public accountants. The objective of this audit is to express an opinion \'hat the District's financial statements are fairly presented in conformance with generally accepted accounting principles rather than to express an opinion on our financial position. We haw complied ,.~ith this requirement and the auditor's opinion letter is included in the Financial Section of this Report. A Management Letter from the independent auditors provides recommendations to the Audit Committee to strengthen and improve internal controls and accounting procedures. The independent auditors, under the provisions of the Federal Single Audit Act of 1996. also undertake a Sinzle Audit of Federal grant programs administered by the Dis\r/ct. In addition, the auditors perform an audi'~ of our state grants, which results in the Schedule of State Financial Assistance. The audit reports resulting from the Federal Single Audit and the Schedule of State Financial Assistance are included in sections VI and VII of the CAFR. MANA GEMENT'S DISCUSSION AND ANAL YSIS OF FINANCES I I I I I I I I I I I I I I This summaD, continues the District's financial accountability to the Go'.ernor l.egislature, taxpayers. citizens, special interest groups and other users of our financial statements. It gives a brief, objective and nontechnical overview of operating results and changes in our financial position for the )'ear ended September 30. We urge reading this discussion and analysis with our financial statements. I- 12 I I I SOUTlt FLORID.~ WATER MANAGEMENT DISTRICT I I I I I I I I I I I I I I I I I I FINANCIAL OPERATIONS ()ur financial operations are expressed in terms of the amounts of revenues and expenditures that arc recorded in a fiscal .,,'ear. Revenues are the total amount of cash received by the District. or expected to be received soon. and are classified by their sources. Expenditures are the total cash spent or payable by the District and are classified by their character and function. TOTAL GOVER.N.'MEN'rAL FUNDS REVEN"UF~S OF $335.5 MILLION `.*.'ere approximately. 6.1G higher in fiscal year 1998 than in 1997. and are composed of five major sources. The table below shox~s the amounts received for each source and the changes in the amounts from the previous .','car. Ten-year historical rexenue trends are shown on page IV-10 of the Statistical Section. GOVERNMENTAL FUNDS REVENUES FISCAL ~'EAR 1998 Increase Percent of Percent (Decreasel Increase Amount of Total from FY { 997 IDccreasc ~ ProFcny Taxes 5209,808.109 62.5~ $18.493.620 9.7G Intergovernmental 89.440.887 26.7~ (5.444.260~ (5.7':; ~ Interest 23.130.204 6.95 5.1 i.icenses. Permits and Fees 9.088.486 2.7~ 2.313.563 34. I Other 4.086.838 1.2% (1.239.433) (23.3q:~ Total 5335.554.524 $100.0% S19.303.571 6.1% Property taxes continue as our primary source of revenue, providing 62.5% of our revenue in fiscal year 1998. The revenue from property taxes of $209.9 million in 1998 represents an increase of 5,18.5 miilion from 1997. This increase in revenue is partly the result of the increase in the millage rate as ',*,'ell as from increases in property values and new construction throughout the District. Intergovernmental revenue, at 26.7%, represents our second largest categoo of revenue. The District received S89.4 million from various federal and state agencies in fiscal year 1998, although this is S5.4 million less than we received in 1997. The majority of this revenue was provided by the Florida Department of Environmental Protection and the U.S. Department of the Interior lo assist ihe District in acquiring land necessary for water management. Interest revenue totaled 523. I million in fiscal ,',ear 1998. an increase of S5.2 million, or 28.9G over thc amount received in 1997. The increase is the result of prudent investment management coupled wilh higher interest rates and a larger average cash balance than in recent >'ears. Licenses, permits and fees provided $9.1 million of revenue in fiscal >'ear t998. an increase of S2.3 million over 1997. Most of this revenue source is restricted to the acquisition, restoration and maintenance of environmentally sensitive wetland areas, a process commonly known as "wetlands mitigation." This revenue source fluctuates from year to year. depending on the number of acres of land involved and the estimated costs of the restoration efforts. Other revenue represents moneys received from many diverse sources. The .54.1 miilion received in fiscal year 1998 was primarily composed of property leases, civil penalties and the sale of surplus District property. SoUTH FLORIDA WATER L/ISTRICT TOTAl. GOVERNMENTAL FUNDS EXPENDITURES OF $284.8 MIl.LION ~vere approximatel,. $II1 million ~3.J,¢['1 lo,act in fiscal .,,'ear 1998 than in 1997. ,",lost of the decrease was in capital outlav'cxpcndilt, res. which decreased by 5,29.2 million (25.8%) from 1997 to $83.S million in 1995. Areas thai showed major increases in fiscal >'ear 1998 ~ere Outreach and the Ecosystem Restoration. Water Resource ['MHuati,n. and Planning Departments. The table below shows the ar~ounts expended b,. catcgorx or dcparm~cnt and the changes in the amounts from the previous year. Ten >'ear historical exp~enditurc irends are shm~n nn page IX,'. 18 (,f the Statistical Section. GOVERNMENTAl. Ft'.Xl)S I".XPENI)ITt'RI.iS Flsc.xt. 5.'£.xR 1998 Illcrca.sc Percem ~ Decrease) Amount of Total lmm FY 1997 Administrative S43.185.373 15.2c;- $1.243.912 Outreach 17.604.973 6.2 % 3.24'7.657 Construction and Land Management 16.054.903 5.6% 628.087 Regulation 8.095.106 2.Sq f45,354~ Operations and Maintenance 49.797,476 1 =5"; 330.413 Ecosystem Restoration 24.762.978 8.7'~; .".77.1.768 Water Resource Evaluation 20.152.736 7 1 "; 5.658.201 Planning 13.512.949 4.7~'; 2.693.301 Capital Outlav 83.802.257 29.4"5 (29.2t0.688~ Debt Service 7.866.097 2.8c;- 1.694.027 Total 5284,834.848 Sl00.0q i5,9.985.676} increase Decrease 3.0G 4.1c; 24.9% (25.8q 27 4G Expenditures for Outreach programs have increased steadih' o~cr tiac past several ,,'cars. For liscat 3'car 1998. outreach expenditures totaled S17.6 million, an incre'asc of $3.2 million (22.'6C:;) from fisca! >ear 1997. This area includes government and public outreach, scp.'ice centers, local govcrnmcnl pannerships and cost-sharing programs, minor/t.,, outreach, water conservation, environmental cducmitm and teacher training efforts. This increase in expenditures reflects the District's continued efforts at environmental education and the development of partnerships with other levels of government, other agencies, and the public to help support the water management needs of the region. The Ecosystem Restoration, Water Resource Evaluation. and Planning Departments expenditures increased by a combined total of $12.1 million from fiscal year 1997. These departments contributed a large portion of the effort toward the District-wide Water Resource Manaeement Programs and the Regional Restoration Programs in fiscal year 1998. The increased expenditures by these departments represent our continued commitment to water management planning and the implementation of programs to enhance and preserve water resources. Capital outlay expenditures in fiscal .,,'ear 1998 decreased b', $29.2 million compared with 199'1 largely due to a reduction in expenditures for land purchases. A review of the capital outlav expenditures over last ten years showed that the 1998 expenditures were higher than any year prior to 1996. The District has plans to continue purchasing a substantial amount of land in the coming years and has budgeted $138 million for land purchases in fiscal year 1999. I- 14 I I I I I I I I I I I I I I I I I I Sou'n~ Fl.omD..x V', :x'n-:R M,X~,X(;F:M~.:N'r I)~s'rmcr 1 I I I I I I I I I I I I I I I I I I:INANCIA L POSITION In addition to revenues and expenditures. ~,.hich report the results of our opcration.~ for a fiscal scar. ire l)istrict's financial position provides information on ho,.,.' '.','ell x~c are able to continue our o[x.'ration~, the future based upon the amount of financial resources remainin~ at the end of a fiscal ',ear. The amount of the financial resources available to the District is the difference bct~eeu assets l items ,,~ e ,,x~ n and liabilities (amounts we owe to others). In the private sector the net financial position is called retained earnings. In government, it is called fund equity, At September 30. 199S thc total fund equity of Ibc District '.~as $I 5 billion. ?.lost of the D~strict's fund equity is composed of capital assets, such as kind. buiklinus, x~ater qructures, and equipment. These items are reporled as general fixed assets and thcv increased I,,, $92 million during, the fiscal )))'ear. from 51.058 billion at September 30. IC~t,~'' to $1 lS{i billitm at September (fAStl :~ lA.X .~. ¢; EM ENT -\nothcr major facior in the increase in fund equity during fiscal ~,ear 199b was thc mcrcasc in Ihc cash and in~.estmem balance. Total cash and in'.estments al Septe~nbcr 30. 1998 ;irc $363 m~llitm. ~)r approximatel.,. S46 million higher than the S317 million balance at September 30. 1997. Thi:, incrcasc resulted mainlx from the accumulation of revenues to fund capital purchases in thc next few years. primarih' /'or the Everglades Construction Project. This project is expected t~, ha,.e signilicam cash requirements to pa,,.' for construction work. especially in fiscal )))'ear 1999. ()ur cash position is bolstered by our aggressive but prudent investment policy. Cash not currently needed for operations is placed in a variety of investments, depending on how soon the cash will be needed spending. Our investment policy complies with Florida Statutes. v. hich allov, s us to invest in the following: · Direct investments in U.S. Treasury securities and U.S. Agency obligations. Repurchase agreements fully collateralized by U.S. Treasu~, securities. Investments in the Florida Local Government Surplus Funds Trust Fund. General obligation bonds of an,', incorporated count)))', city. town, school district or road and bridv, c district located in the State of Florida. Insured or full,, collateralized certificates of deposi! of banks and s; ,. injs anti hi.in associalicms, and Money market accounts u.'hich are invested in United States Treasur,. Securities. DEBT Al)MINISTRATION Thc District's debt is composed mainly of the unpaid balance of Special Obligalion Land /\cquisiti,m Bonds. These bonds were issued to finance thc purchase of environmentally sensitive lands and are szcured bva share of statewide documentap., stamp tax collections. 'Fbe District ha,, no general obligatior blinds authorized or outstanding. Our credit rating remains at ,,',,aa for tt~ese insured bonds. Thc tolal liability for our bonds at September 30. 1998 is $83.5 million. We are obli£ated for payments on these bonds through 2015. ~ ' CERTIFICATE OF ACIIIEVE.',,IENT FOR I;'XCELI. ENCE IN FINANCIAl. REPORTING Ibc Go',ernment Finance Officers Association of the United Stales and Canada ~(.;FOA~ av, arded a Certificate of Achievement for Excellence in Financial Reporting to the South Florida \\'atcr Man;uzemcnt [)tstrict for its comprehensive annual financial report ((7AFT,) for the fiscal ,,ear ended Septemi~cr 3(), 1')97. The C'enificate cf Achievement is a prestigious national av, ard recogni:~in.e conformance ~.ith thc hizhest standards for preparation ora state and local government financial rep,~ns. In order ;,~ hc a'~arded a ('caificatc of,.\chicxcmcnt, a ',2oxcmmcni unit mu~t pubJt~h an ca~Jl~ rcadalqc .:nd efficicmlv organized comprehensive annual financial repom x~ho~c cenlcnt> conh~rm I,~ proOf;ifil ,tandards. Thc ('AFR must satisfx both gencrallF accepted accountin~ prmc~pl,.., and applicable k'~al :cquiremeruq .\ Certificate of Achievement is valid for a period of one ,,'ear only. Thc South Florida Management District has received a Certificate of Achievement for the last eight consecutive years \\'c believe our current report continues to conform to ~he Cer'tifieate of Achievement program requirements. and we are submitting it to the Government Finance Officers Association for rex'iex~ · -\ CKNOt, VI.EDGM ENTS \Ve extend our sincere appreciation to the Governing Board, Execume Office and the man', l)islr~cl employees x~ho provided countless hours of research and preparation in the de'.elopnlcnt of this report. 5, N'cial thank, goes to the emplo)ees of the Accounting and Financial Sen'ices I)ivision for their diligence in the production of this report. I. 16 I I I I I I I I I I I I I I I i I I SOt;TI! FI,OmDA ~V,\TER ~IANAC,,EMENT DISTRICT I I I I I I ORGANIZATION CilART - LIST OF PRINCIPAl. OFFICIAI,S GOV'ERNOR 1.~wt, m I I I I I I I I BI¢, CYPRESS BASIN BOARD GOVERNING B()ARD (--------------~ f Det~utv Executive Ir Ionda Ko~ Orlando P~..enda H~g Dtrecmr flkeec.hobe¢ B Ill Stm'amel. Du'~ctot FL Myers John Morgan. Martin/SL Lude Ch~p Mem..am. Ehn~tor D~.metor Paul h{,l~,. Rom,m Gastes[ D~-t,~:tor Httmber~o AIo~o. 1-17 Certificate of Achievement for Excellence in Financial Reporting Presented to South Florida Water Management District For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30. 1997 Reportm~ ~s presente~ ~,' the Governmen: F~r:ance Officers .qss:2c~ahor, cf ~he Un,ted States an8 (' 2:wernment un::~ ,]r',d pubhc emp~o?~ ral rement reports ICAFRs) achmve the anJ ~ -~¢mc~al reportmq Execu!~ve 1-18 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 GENERAL PURPOSE IAL SECTION FIN:\NCI:\L STATEMENTS I I ! I I I I I I I I I I I I ARTHUR ANDERS N LLP R£PORT OF INDEP£ND~NT C£RTIFI£D PUBLIC ^CCOUXTANT$ the Governing Board of the South Florida Water .Management District: %'e h.p,'e authted the accompanying general-purpose financial statements of the fx)uth Florida Water Management D~strict (the "District", a component unit of the state of Florida). as of and for the year ended ~ptember 30, 1998, as listed in the Table of Contents. These general-purpose financial statemenLs anti kupplemental financial statements and schedules referred to below, are the responsibility of the District's management. Our responsibility is to express an opinion on these general-purpose financial statements and supplemental financial statemen'ts and schedules based on our audit. Except as discussed in the following paragraph, we conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audiLs contained in Govcrmncn! Audittn,~ Stan,lards (1994 Revision), issued by the Comptroller General of the United States. Those standards require th,it we plan and perform the au&t to obtain reasonable assurance about whether the financial statemenLs are frt.e ol malermt m~sstatement. An audit includes examining, on a test basLs, evidence supporting theamounLs and disclosures m the financial statements...\n audit also includes assessing the accounting principles used am! significant estimates made by management, as well as evaluating the overall financial statement presentaBon. We believe that our audit provides a reasonable basis for our opinion. Governmental Accounting Standards Board Technical Bulletin 98-1, Disclosures about Year 2000 l,sm's, requires disclosure of certain matters regarding the )'ear 2000 issue. The Diso'ict has included such disclosures in Note 19. 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. Accordingly, in-sufficient audit evidence exists to support the District's disclosures with respect to the year 2000 Lssue made in Note 19. Further, we do not provide assurance that the District is or will be year 2000 ready, that the District's ,.'ear 200(I remediation efforLs will be successful m whole or in part, or that parties with which the District does bus[ness will be year 2000 ready. In our opinion, except for the effects of such adjustments, if any, as might have been determined 1o be necessary had we been able to examine evidence regarding year 2000 dis'closures, the general-purpose financial statement's referred to above present fairly, in all material respects, the financial posit/on of the South Florida Water · Management District, as of September 30, 1998, and the results of its operations and the cash flows of its proprietau' fund type for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued our report, dated November 16, 1998, on our consideration of the District's internal control over financial reporting and our tesLs of ils compliance with certain provisions of laws, regulations, contracts and grants. Our audit was performed for the purpose of forming an opinion on the general-purpose financial statements of the South Florida Water Management District taken as a whole. The combining, 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 the general-purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion is fairly stated, in all material respects, in relation to the general-purpose financial statements taken as a whole. West Palm Beach, Florida, November 16, 1998. II-I Exhibi; A- 1 Page 1 of 2 SOUTII FLORIDA WATER MANAGEMENT DISTRICI' COMBINED BALANCE SHIiET - ALL FUND TY'PES AND ACCOU,'NT GROUPS SEPT'F~%gBER 30. 199g GOVERNMENTAL FUND TYPES I I I I :\SSF3'S A.\'D ODtER DF. BIT.c, SPECI..\I. (.APl'IAI. GENER..\I. REVEN1.'E PROJECTS Case and Inves:menls Accounts Receix able Due From Other Governments Due [rom Other Funds In'.'enloD' Other Assets Fixed Assets Amoum to be Provided for Reurement of Long-Icftu Liabilities T( ) ,~ Al. ASSET S AND OTHER DEBITS LLMIILITIES FUND EOUITY AND O~ LL-~BIL[TIES Accounts P~'able ~e To ~ F~ Due To ~ Govemm~ Defied Rev~ue Comp~t~ Abs~c~ Payable Sell' Instate Claims Capi~ Le~es Conde~a~on ~d ~er Clams B~k I.o~ Payable Bonds Payable TOL.~ LL&BILI~ES 542.123.032 575.827.422 $23o.89~.175 516.939 2.145.258 1.873 635.005 2.100.447 O.ll ,~62 612.121 10.482 941.683 75.026 83,992 250.870 543.360,484 581.710.923 5242.964.308 $8288,432 $3,606.978 5;I 1.754.068 612,121 1,298 102.958 450,000 8,491.390 4.669.099 11.755.366 I I I I I I I I FUND .E_.QUqTY AN'D OD{ER CREDITS Fund Balance - Reserved Fund Balance - Unreserved Desolated Undesignated To'~l Fund Balance Retmned Eamin~ Investment In General Fixed Assets TOTAL FU'N'D EQU'lrl%' .&ND O'I-HZR CREDITS TOTAL LL-XBILITEES. FUND EQUITY AND OTHER CREDITS 18.488.906 32.468.382 12,830.585 29.799.980 3.549.603 14,773.462 34.869.094 77.041.824 34.869.094 77.041,824 $43,360.484 S81.710,923 SEE ACCO.XW,MNnflNG NOTES TO THE FINANCIAL STATEMENTS. II-2 54.471,853 109.597.648 67.139,441 231.208.942 231208,942 $242,964.308 I I I I I I I I I I I I I I I I I I I I I I I PRe ,~PR3'ETAR y F~ '>:D TYPE I:; I-~KNAL SERVICE $5.268.60~ 71.165 169.f3~ $5.509.311 $21.2l~ 87.0O0 3.487.490 5.595.704 1.913.607 1.913.607 $5.509.311 ACCOL.'NT GROUPS F LXT~D ASSETS £.ONG-TEm\I LI.MqIL£1'~S 1.150.534,004 S I. 150.534.004 TO2 ..LL I MEY. IOIL.kNDU?.I ONLY, 1998 1997 S363.117.236 $317.415,429 4.606.663 2.990.807 3.677.414 4.722.994 612.121 14.882.237 952.165 774.~89 579.427 577.505 1.150.534.004 1.058.069.6~8 t.150.534,004 1.150.534,00.4 $1.150.534.004 124.067.769 124.067.769 113.949.72t $124.067.769 $1.648.146.799 $1.513.383.380 12.330,000 3.428.638 21~46.000 3.518.131 83.545.000 124.067.769 $124.067.769 523.770,692 $28.005.258 612.121 14,882.237 1298 206.982 552.958 6.905.701 12.417.000 I1.~2.000 3.487.490 3.657.104 3.428.638 1.672.221 21.246.000 13,692.500 3.518.131 83.545.000 87.075.000 152.579.328 167.739.003 105.429.141 53.184.831 152228213 106,924.047 85.462.506 126.458.448 343.119.860 286.567.326 1.913.607 1.007.353 1.150.534.004 1.058.069.698 1,495.567.471 1.345.644.377 $1.648.146,799 SI.513.383.380 1 E,,chibit A- 1 Page 2 of 2 II-3 Exhibit A-2 Page I of 2 SOUTH FLORIDA WATER MANAGEt,,mNT DISTRICT ^u. oovm',~mm~ m.~D re'ES 1 I I I REVENUES S PECIA I. CA Pl'l ,\ I. GENER./\I. REVENU[: I'ROJE('TS I Prope:'t.x Taxe, intergo~ emmenta] Interest Licenses. Pemu:s and Fees Total Revenues EXPENDITL'RES Currenl Operating Administrati', e Ouuea:h Constructmn gu'id Land Management Regulation Operations and Maintenance Ecosystem Restoration Waler Resource Evaluation Planning Capital Outlay Debt Se~'~ce Pnncipal Re~/remem Interes~ and Other Fiscal Charges Total E×pend,ures Reve'nues In Ex:ess of Expenditures OD'2ER FINANCING SOURCES 1USES) Operating Transfers In COerating Transfers Out Capital Lea.se Proceeds Bank Loan Proceeds lo~d Other Financing Sources (Lrses~ Revenues and Other Financing Sources (Uses) In Excess of Expenditures FUND BALANCE AT BEGINNING OF YEAR CUNK.rLATIVE EFFECT OF A CHANGE IN ACCOU.'NTLNG PRLNCI~LE FL.rND B.M...ANCE AT BEGINNTNG OF YEAR. AS RESTATED FL.rND BALA.NCE AT END OF YEAR 391,009 I6.940.137 3.394.7fl4 5.42.1,934 ~.0_~.8_. 7.064.651 1.274.432 1,985.556 85.66'.C 30 ] 2~,.625.~4~ 36.674,426 4.905.340 6.891,765 19.688.208 5.2'58 10.868.880 8,095.106 35 49.797.441 411200 16.505,777 12,741.955 548.085 83.990.867 94,295.345 4.676.163 26.330.395 185.508 2.300.406 (2.131.4711 (8,362.835) 1.580,592 799.236 ~365,371 ~ ~5,263.193) 4.310.792 21.067.202 30.577,713 55,999.699 30.558,302 55.974.622 $34.869,094 $77,041.824 SEE ACCOM:PANYLNG NOTES TO THE FINANCLAL STATEMENTS. H-4 530.,I 4.59':' 72.109.741 14.310.566 8,6.850 ~6.._6 } .754 1.61) 5.61)7 25.000 5.180,765 7.846.001 222,909 83.802.257 3,530.000 4.336,097 106.548.636 19.713.118 9.711,432 { 1.703.040) 3.518.131 II.526.523 31,239,6,11 199.989.914 ('20.613) 199,969,30__........_..._..__~1 $231,208,942 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 tOTAl , NIE.MOIL~NT)UM ONLY) 199 It 199'~ $209.808.109 $1 o 1.314.489 89.4-10.687 94.885.147 23.130.20-; 17.950.123 9.088.486 6.774.923 4.086.838 5.3262'~1 3 .......... 316.250.953 -13.1,55.?': 41.9-II.a61 17.60.1.97; 14.357.316 16.05-1'.~03 15.a26.816 8.095.10~ 8.140..;60 a9.79'.176 a9..~67.063 24.762.97g 20.988.210 20.152.736 14,494.535 13.512.0ao 10.$19.648 83.8022? 113.012.945 3.530.00 ', 1.735.000 4.336.Oq," -L437.070 284.834.848 294,820.524 50.719.67~ 21.430.429 12.197.346 30.383298 (12.197.346) (30.383.298) 2.379.828 1.071289 3.518.131 5.897.959 1.071.289 56.6t7.635 22.501.718 286.567.32~ 264.065.608 (65.10lt 286.502225 264.065.608 5343.!19.860 $286.567.326 I1-5 Exhibit A-2 c page 2 of 2 Exhibit A-3 Page I 0:'3 COMBD;ED STATEMENT OF REVENqJES. EXPENDII'UT, ES AND CILANGES IN FUND BALANCE BUDGET AND) ACTUAL - ALL GOVF. RN,'MENTAL FUND TYPES FOR TIFE ~.'.'.~\R ENDED SEPTEMBER 30. 1998 GENERAl. t' LLND REVENUES Property Taxes Intergovem mental inlerest L~censes. Perm:ts and Fees Other Total Rex enues EXPENDITURES Current Operating Administrative Outreach Const:'uction and Land Management Regulation Operations and Maintenance Ecosystem Restoration Water Resource Evaluation Planning C apihal Outlay Debt Service Principal Retirement Interest and Other Fiscal Charges Cont:ngen~' Total Expenditures Revenues in Excess of floss Than) Expenditures OT-HER FINANCING SOURCES (USES}: Operating Transfers In Operating Transfers Out Capital Lease Proceeds Bank Loan Proceeds Total Odaet Financing Sources ('Uses) Revenues and Other Financing Sources (Uses) In Excess of(Less Than) Expenditures FUND BALANCE AT BEGL',,,rNTN'G OF YEAR CUMULATI",,q~ EFFECT OF A CHANGE IN ACCOL,'NTING PRINCIPLE FL.'ND BALAN'CE AT BEGIN.'NING OF YEAR. AS RESTATE[) i[-b~D) BALANCE AT END OF YEAR BUDGET ACTUAl VARIANCE- I"A VORABI,I{ ('~.';NF/\ VORABI .F,~ S80.606.712 S81.583.o50 So 76.338 400.527 301.0~Y9 ( 15.518) 2.260.000 3.394.'04 1.134.704 1.841.075 2.1)23.835 t 82.760 305.320 1.274.432 939.112 8.5.419.634 88.667.030 3.247.396 44.538.467 36.674.426 7,864.041 15.428.142 6.89 I. 765 8.536.377 114.782 5.258 I09.524 8.961.374 8.095.106 866.268 742 35 707 967,988 411,200 556.788 25.108.844 19.171.122 5.q37.722 16.202.203 12.741.955 3.460.248 670.742 67(L742 1 I 1.993.284 83,990.867 28,002.417 (26.573.650~ a.676,163 31.249.813 220.292 185.508 (34.78,:1) (2.141,333) (2.131.471 } 9,862 4.828.761 1.580.592 (3.248,169) 2.907.720 (365.371) (3.273.091) (23.665.930) 4.310.792 27.976,722 30.577.713 30.577.713 (19.411) (19.411~ 30.558.302 30.558.302 $6.892.372 $34.869.094 $27.976.722 SEE ACCOMPANYING NOTES TO 'D-[E FINANCIAL STATEMENTS. II-6 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 Bt 'DGET ACTUAL CAPITAl. PROJECTS FUND VARIANCE- VARIAN('E- FAVORABLE ' F..\ VORAB I E (UNFAVORABLE) BU'DGET ACTUAl (UNFAVORA BI,E) S,~,~.: ~9._0_ $8~.210.462 $9,L.57 $3~.874.627 S39.014.597 $139.97. --: 3,703 16.9.10.137 (2,803,566) 140220.000 72.109.741 ~ o8. I 10.259 -' ~, 3.436 5.424.934 2.141.498 .1,865.000 14.310,566 9.445.566 ~21.079 ':,064.651 4.243.572 299.000 1.985.556 1.695.556 ---.--._.__~ .~826.85_1_..~0 826.850 .4_. 120.625.740 6.2.18.317 ] 8,~.9.9.6~ 126.261.75.1 t ~;7 697..~73 ] .... I .5; 5 .1.o05.3.10 2.012.255 2.690.02, 1.605.6o7 I.(~.L.;2¢, '- v ,,~.a73 i,:1.688.208 ', ~ l_.l _ 1.265 25.000 "~ ~..000 · ~ .... L3a6 i,3.868.880 4.740.466 9.501.746 5.180.765 4. 320.~)81 5 -: 5'~.15t .19.797.441 7,461.710 - ? -.696 ] 6.50.., 7, 9.221,919 · : -~5.602 981,614 183.988 3 ~ ', e.606 548.085 5262.521 I. } 82.667 1.182.667 136.482.136 94295.345 42.186.791 ~_. ~ t)4.713 26.330.395 48.435.108 2.-~41.5 { 8 2.300.406 (141.112) g c~i 1.316) (8.~6~.83.) 548.481 402.000 799.236 397.236 ,~.067.798) ~5,263.193) 804.605 (2&172,511) 21.067.202 .19.239,713 55.999.699 55.999.699 r25.077~ 125.077~ 55.974.622 55.974.622 $2-.802.111 577.041.824 $49.239.713 19.309.391 7.846.001 11.463.3oo 1.000.000 222.90~ 777.0Ol 214.403.377 83.802257 130.601.120 3.530.000 3.530.000 4.336.097 4.336.097 315.388 315.388 255~111 026 106.548.636 148,562,390 (71,151.3~9) 19.713.118 90.864.517 10.094.839 9.711.432 (383 407) tl.704.000) (I.703.040} 960 8.390.830 3.518.131 526.523 ¢ 62.760.560~ 31.239.64 I 199;989,914 199.989.914 3.518,131 3.135.684 94.000.201 $94.000.201 (20.613~ (20.6131 199.969.301 199,969.301 $137.208.741 $231.208,942 Continued xhibit A 3 Page 3 of 3 SOU'D! FLORIDA WATER MANAGEMENT DISTRI(.'I' COMBINED STATEMENT OF REVENU'Efi. EXPENDITURES AND CtL,%';(;LS IN I.I;NI) BAI ANCI, BUDGET AND ACTUAl.. ALL GO'~T. RNMENTAI. FL~'D TYPES FOR THE YEAR EN'DED SEPTEMBER 30. 1998 ]'()IAI ~.',FEMOR..\NDUM ONI.Y~ : ;,:~.mscL Perm~t~ and Fees ~ rd~er .rotal Revenues ~' XI'ENDITURES t urrem Operating \dmmlstratl~.e ¢ ~utreach ~ onm-uction ~d Land Managemem Regulation ~ tperanons and Maimenance }' cosystem Restoration ',*, azer Resource Evaluation Planning t. -ip~tal Outlay i *~:b~ Sen'ice :'nncipal Retirement :r, lerest and (.Kher Fiscal Charges , ,,r::ingenc} ~ oral Expenditures Revenues in Excess of(Less Than) Expenditures OTHER FINANCING SOURCES (USES): t oerating Transfers In t ,Tcratmg Transfers Out Cap:la] Lease Proceeds Bank Loan Proceeds '; o~ O~her Financing Sources (Uses) P.e'. roues and O'&er Financing Source~ (Uses) Ir. Excess of(Less Than) Expenditures FUND BALANCE AT BEGLN~'ING OF '~T_.AR CI'Mt/LATI'v'E EFFECT OF A C}L.%NGE IN ..\ C COL ."NTI'NG PRINCIPLE FUND BALA. NCE Al' BEGINNING OF ',.'~ R.E STAFED FUND BtM.ANCE ,AT END OF ~t.'EAR BI. tI)GF ] ,,\£' I] l.,\l. \',.\RIAN~ I:- I:A V(}I(..\liI.I- t [ S207.720.544 S209.808.10q. S2.u87.565 160.370,230 8%410.887 17{U'12%3431 10.408.436 23,130.2C~ 12.721.768 4.662.154 9.088.486 1.126.332 595.320 .1.086.838 3.491.518 383.756.684 335.554,524 ~48.202.160 54.146.080 43.185.373 I0.96~L 110 38262.615 17.604.973 2U.657.642 25.225.874 16.054.903 % I 7t).'-~7 I 8.96; .374 8.095. I {.1~ S6~5,265 57.259.893 49.797.~, 76 7,462.417 46.005.075 2.1.762,978 21.242.097 26.274.446 20,152.7 't6 6.121.710 23.012.809 13.512349 9.499.860 214.403.377 83.802.257 130.601.120 3.530.000 3.530.000 4.336.097 -1.336.097 2,165.797 503.586.446 284.834,848 (119.829.7621 50.719.676 2.168.797 218.751.598 170.5.19.438 12.756.649 12.197.346 (559.3031 (12.756.6491 (12.197.346~ 559.303 $230.761 2.379,828 ~2.850.9331 3.518.131 3.518.131 5,230.761 5.897,959 (114.599.001~ 56,617.635 286.567.326 286,567,326 (65.1011 (65.1011 286.502.225 286,502.225 5171.903.224 5343.119.860 667.198 171.216.636 $171.216,636 SEE ACCOI',Lr'ANYING NOTES TO TIlE FINANCIAL STAFEMENTS II-8 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 SOUTtl FLORIDA WATER MANAGEMEN'I DISTRIC'I STATEMENT OF REV'ENI~S. EXq>ENSES AND CHA2gGES IN RETAINrED EARNIN(;.',; PROPRIETARY FUND TYP£; INTERNAL SERVICE FOR ~ YEAR ENDED SEPTEIVI~ER 30. 1998 WITH COMPARATIVE TOTALS FORTHE YEAR ENDED SEPTEMBER 30. 1997 IO9S OPERA1 iNG REVENUES Charges I~,r Set, ices Insur~ce Ser, lemenl To=al Operating Revenues OPERATING EXPENSES Claims Expense Premiums Expense Personal Services Contractual Sen'ices Current Charges Distr/c~ indirec~ Costs Total Operating Expense~ Operating Income Total O_her Revenues .NET R-ETA[NED EARNI'NGS AT BEGINNING OF YEAR CUMUI_ATI\T EFFECT OF A CHANGE FN ACCOUNTING PP-~'NCIPLE RETA.rNED EARNINGS AT BEGI':CN~gG OF YF_,kR AS RE. STATED $3.317.258 3.317.258 1.37.552 176.938 772.136 136.958 20.346 383286 2.817.2916 500.042 408.552 408.552 908.594 1,007.353 {2,340) 1.005,013 Sl.913,607 RET,MN'ED EAP~\'iNGS AT END OF ~tT. AR 1 53.123.528 8,115 3.131.643 1.396.322 20-1.177 790.950 197.508 22.691 390.583 3.002,231 129.412 340.148 340.148 469.560 537.793 537.793 S1.007.353 Exhibit A-4 SEE ACCOIVlJ:'ANYING NOTES TO THE FINA~N'CIAL STATEMENTS. II-9 E~uhibit SOUTH FLOKIDA WATER NLANAGEMENT DISTRICT STATEMENT OF CASH FLOWS PROPRIETARY F'UND TYPE · INTERNAL SERVICE FOR THE IT~AR ENDED SEPTEMBER 30. 1o98 WITH COMPARATIVE TOTALS FOR TIlE '~-EAR ENDED SEtrH:.MiiEp, CASH FLOV.'S FROM OPERATING ACTIVITIES Cash Received from C~er Funds for Insurance Sen'ices Cash Recewed from Insurance Settlements Cash Paymen:s to Vendors for Goods and Sen'Ices Cash Payments to Employees for Sen'ices Cash Payments to Other Funds for Administrative Service~ NET CASH PROVIDED BY OPERATING ACTIVITIES S3.317,258 1.875,922. (383.28~, 2.10.o 14 (ASH FI.¢)'9,'~ FROM INX'ESTING ACTIVITIES Imerest on P~led Investments CASH AND CASH EOU[VAkENTS AT BEG~%'ING OF C;.7~.A~IVE EFFECT OF A C}L&N'GE ~' ACCOL~'TING P~'C~LE CASH .~'(D CASH EQUIV.-~ENTS AT BEG~'ING OF ~. AS ~STA~D CASH ,LN'D CASH EQUIV~ENTS AT EN~ OF 468.552 · 1.621 ..1 ,X l (2.340~ 4.61%141 $5.268,607 RECONCILIATION OF OPERATING GAIN TO NET CASH PROVIDED BY OPERATING ACTIVITIES OPER~a, TING GAIN M3.rUSTMENq'S TO RECONCILE OPERATLX;G GAIN' TO NET CASH PROVIDED BY OPERATING ACTIVITIES: (Increase~ Decrease in Accounts Receivable ~ Increase) Decrease in Other Assets Decrease in Accounts Payable Increase (Decrease) in Compensated Absences Payable Increase f'Decrease~ in Liabiliv:' for Insurance Reserve TOTAL AD;USTM£NTS ':ET CASH PRO\'IDED BY OPERATLNG ACTIVITIES $500.042 (41,703) 10,516 (13.327) (45,000) (169.61.1) (259,I28) $240.914 SEE ACCOMPAN%'ING NOTES TO TIlE FFNANCL~L STATE,MEN-tS. II-10 $3.12:;.528 ~.115 1.685.79I 278.310 3-10.148 -1.OO3.O14 4,1103,014 $4.621.481 $129.412 10.399 (8,614) (2,017) 1,1,000 135.139 } 4 Iq,907 S278.319 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 '1 I I I I I I ,1) ~17~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEIq'EMBER 30, 1998 INDEX DESCRIPTION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ...... II-12 SU.',.IMAP, Y OF SIGNIFICANT ACCOUNTING POLICIES ........................ I1-12 ~a} Reporting Entity. · ' ................................................... I1-12 (b~ Basis of Presentation: Fund Accounting ...................................... II-13 ,c, .Measurement Focus ..................................................... Ibl3 ~d~ Basis of Accounting .................................................... I[-I3 ~e~ Bud.~ets and Budo~etan .Accountine .... ' ..................................... 11-14 ~f) Chanze in .Accounting Principle ........................................ li-15 AccountingChanees (h, Encumbrances ..................................................... 11-16 ~i~ Cash and Investments ............................................. I1-16 (i) Inventory. ' ' ' ........................................................... I1-17 ~k~ General Fixed Assets ...................................... - ......... II-17 ~1) Land Trust Funds ...................................................... I1-18 (m) SWIM ]'rust Fund .~:, II-19 (n) Compensated Absences, : :~i~' : ............ [1-19 (o~ Fund Balances .......................................................... II-19 (p) Total Columns on Combined Statements I1-19 CASH AND I. \ ESTMENTS .................................................. H-20 ACCOU~"NTS RECEIVABLE. .................................................. II-21 INTERFL'ND RECEIVABLES AND PAYABLES ................................. Il-21 PROPERTY TAXES INTERGOVERNMENTAL TRANSACTIONS · ' ................................... Il GENERAL FIXED .ASSETS ................................................... II-23 DEI-TRRED RE VENL'E ...................................................... II-23 GENERAL I.ONG-TERM LIABILITIES ........................................ I1-24 OPERATING I.EASES ..................................................... II-26 CAPITAL LEASES ......................................................... II-26 RESERVED ANT) UNRESERVED FUND BALANCES ............................. 11-27 DEFINED BENEFIT PENSION PLAN. .......................................... II-27 OTHER POSTEMPLOYMENT BENEFIT5 ...................................... lI-2S INSURANCE ACTIVITIES. .................................................. 11-28 OTIIER LIABILITIES-CONDEMNATION PROCEEDINGS ......................... II-29 COMMITMENTS AND CON.TINGENCIES...: .................................. II-30 STATUS OF YEAR 2000 PROJECT ............................................. II-30 1 II-fl SOUTH FLORIDA \VATER M.ANAGEMENT DISTP, ICT NOTES TO TIlE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ' 1; DESCRIF'770.V t)l: 771E SO['TII FLORIDA WAFER .U.4.%I(;t.2.UE. V7 I)ISTI/If'T Ihz South Florida \Vatcr .',lanagement District ~the District} is a public corp,,ration orgamzcd under Florida Statutes. Chapter 373. and is controlled by a Governing Board consistine of nine members appointed b~. thc Governor to staggered four-year terms. The District is financially independent as c', idenced by the authority to make and approve its own budget, the power to tax. the auihorilx to bux and >ctl property, and the authority to incur debt. [he District coxers all or pans of sixteen counties in'Central and southern Florida. Thc primar,, obiectix c:, ,~:' the District are to promote the natural systems protection and restoration, developmcnl and proper utilization of surface and ground xvater within District boundaries and to prexcnt damage from fl,~ods, soil eros:on and excessive drainage. To accomplish these objectives, thc District is empowered to mana,._,c and rc!zulate thc usage and storage of water v. ithm District boundaries and 1o acquire properties and co[~strucl facilities as necessary. The District ,.~.orks in concert with the State of Florida ~the S~atc} and .-\gcncic,, of ~;u: Federal Go~ e:nmcnt to accomplish the previously' described water management objectives. .2 ~ .%' &'M.I, IA R 't' Ob' SIG:VIFI 6",4,',,'ir ACCO UNTING POLICIES I'hc accompanying financial statements conform with eenerallv accepted accounting principles for ?ov:_'n~mental units as prescribed by the Governmental :\~countin'g Standards Board IGASB} and other rcco,gnized authoritative sources. Pursuant to GASB Statement No. 20. Accountinc and Financial ,~r~netarv Funds and Other Governmental Entities That Use Proprietary Fund Acc~mrnin,.2. District has elected to apply only the Financial Accounting Standards Board (FASB) Statements and Interpretations. Accounting Principles Board (APB) Opinions. and Accounting Research Bulletins {ARB) ~ssued on or before November 30. 1989. unless they conflict or contradict GASB pronouncements. The more significant accounting policies are summarized in the following paragraphs. The District follo,.~ s the standards promulgated by GASB Statement No. 14. The Financial Reportint, Entity. to define the reporting entity. The financial statements include all operations over which the I)istric~ is financially accountable. Accordingly. these financial statements include all funds and account uroups of the District. including trust fund assets held and invested for the District by the State of Florida. The District has not identified an5' component units and is not a participant in an)' joint venture. The District is a component unit of the State of Florida. The State provides fundimz for District programs through the sale of State debt. the sharing of documentary stamp revenues, and tl~c approval of various annua~ grants and entitlements. II-12 1 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 I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEbIENTS SEPT£MBER 30, 1998 t'21 S UMMAR Y OF 5 IGNIFICANT ACCO uNTING POLICIES (continued~ ~ h ~ Basi.,~ Presentation: Fund A ccountin ~ The accounts and financial statements are organized on the basis of funds and account 2roups. each ~ hich is considered a separate accounting entity. ]'he operations of each fund are accounted for v. ith separate set of sclC-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures/expenses. The following fund types and account groups are used and su~;m~arized in thc financial statements. GOVERNMENTAL FL~'D TYPES -- General Fund -- Special Revenue Funds -- Capital Projects Funds PROPRIETARY Fb~'D TYPE Proprieta%' funds account for activities which are similar to those often found in the private sector. -- The Internal Service Fund accounts for theDistfict's self-insured risks related to general, automobile, and workers' compensation liabilities. ACCOUNT GROUPS: -- General Fixed Assets Account Group -- General Long-Term Liabilities.Account Group to) 3leasuremen! Focus Governmental fund types are accounted for on a flor; of currenl financial resourct, s measuremenl locus. Their operating statements represent increases and decreases in net cun'ent assets. Thc resulling fund balance is considered a measure of expendable available financial resources. The propnetaO. fund is accounted for on a flow of economic resourcea measurement focus. Its operaling statements represent capital maintenance which measures increases and decreases in net total assets. Cd) Basis o(Accountin_~ The modified accrual basis of accounting is used by the governmental fund types. Revenues are recognized when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to pa)' liabilities of the current period. Revenues susceptible to accrual are ad valorem property taxes, interest on investments, and intergovernmental revenues. I1-13 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 * ~ 5! 'M,tlAR}' ()t: SIG,VIFI[:4NT ACCO[ WThVG POLICIh'S ( c(.innucd~ td ~ Btt.xt ~ of A cz'ountin g. t continu ed~ l'ropert3 taxes are recorded as revenues in the fiscal 5ear in x`.hich the.', are lexied, provided the,,' arc t oilected in the current period or within sixt5 days thereafter. Interest on inx ested fund> is rcc~gnized when came& lnlergo`.emmental re`.enues which are reimbursements for specific ptlrposcs or projects arc rzcognized in the period in ~`. hich the expenditures are recorded. F. xpenditures are recorded when the related fund liability is incurred, except for unmatured interest tm general long-term debt v.'hich is recognized v. hen due. and certain compensalcd absences Mnch arc recognized when the obligations are expected to be liquidated with expendable available tinancial r:zsources. 'lhe accrual basis of accounting is used by the proprietao' fund. Revenues are recognized ~thcn thcx :irc :arncd and measurable, t!xpcnses arc rccogmtcd at the time the liabilities arc incurred ~ e'~ BudPc;s and Budeeta~' Accounting_ Budgets arc adopted on a basis consistent with generally accepted accounting principles. 'l'hc rcpom:d budgetaU' data represent the final amended budget as approved b.,. the Governing Board. Budgets arc adopted for all funds The Governing Board approved tv.'o supplemental budget appropriations resulting in a net decrease in appropriations of 531.981.391 during the fiscal .,,'ear. The effect `.,.'as to decrease appropriations in thc General Fund by 556.000. in the Special Revenue Funds by 55.224.391 and in the Capital Projects Funds b'. 526.701.000. l'he Governing Board also approves budget transfers among departments and capital projects during ~ ear. Management applies a level of control at which expenditures may not exceed the budget at the major object level v. ithin a fund and department. The five major object levels are personal services, operating expenses, capital outlay, debt sen'ice and reserves. Department directors can approve line item ovem,ns as long as the total major object budget within a fund and department is not exceeded. l'he following budget overexpenditures `.`.'ere noted at September 30. 1998: · Operating expenditures exceeded the budget of the Office of Business Resources in thc Special Revenue--Okeechobee Basin Fund b> 553.779. Personal service expenditures exceeded the budget of the Ser`.'ice Centers in the Special Revenuc- Sa~,e Our Rivers Fund by S24.846. 'These overexpenditures were funded by a,. ailable fund balance. II-14 1 I I I I I I I I I I I I I I I I I I I I NOTES TO THE FINANCIAL STATEI~ EN I 21 . OFSl~Stcom~wdl IPriotto the current fiscal )'ear the District accounted for its investments in t'.S '] reasury Notes and h~Cv Obligations at amortized cost. which approximated thc market v~lue of tlw mxcstments, l~tfcctivc I O~t~r 1 1997. the District began accountine for these in~'estments at market x,duc and recordinE the cha~es in the market ~alue of the investments as an increase or decrease in Ire carrcnt year's revenue, ill accordallce with fASB Statement No. 31..4ccnuntin[' ami Reporting' t~,r ('crlatn ':nd~Or~Lrterna!lnlc'~tmcn:P°°l'~' ~n a~dition, thc bccinninc fund balances of thc funds that ox~n these inxestrncnrs haxc I~ccn rcxlatcd h, rctq~t the marLct x alues of the inxestments as of October 1. 1997. Thc cumulati'.: cltcc't t~l th~ chanTc ~cc~ntin,' prmci~tc is a net decrease in fund balance and retained carnines of 5(,7.441. as ~ Net Chan=c in I I Fund B~~alan~qRq,aincd Earn,ng, ~. General S I ~ ~q (~77 I S~c~al Revenue --. I Capital Projects ( 20.(, 1 ~ ~ I Internal Se~ice ~2 34CU ~ ~ ~ Accountine Chanee.~ II)un~g fiscal year 1998 the Disthct entered into a ne~ acreement for its emph,vec deleted om~pcnsation pla~Under the previous acreement the assets and income of the plan ~ere solely the ~rope~v and richts I of t~ District. subject to th~ claims of the District's general creditors. Under the new agreement the assets and~come of the plan are held in ~st bx~ a third paw for the exclusive benefit of thc panicipatin~ ~.mo[fivees and their beneficiaries and are not subject to the claims of the District'q ?ncral creditors. I ;n p~xiouq vza:, thc assets and liabilities of the defemed compensation plan ha~c been reported 5du~a~ fund ~'.~ m accordance ~ith GASB Statement No. 2. Hinderer. under thc provisions oI thc I recently' issued ~}&SB Statement No. 32. Accounting and Financial Reporting./hr Internal Revemw ~'ect~ 4*7 Deterred Compensation Plan.,. this new defe~ed compensation plan d~s no[ meel the criteria :'or ~nin= as a fiducia~' fund because the plan assets are not bein~ held by thc Diotrict in a tmstcc I ca~tv or as an agent for individuals, private organizations, other governmental units an~or other funds. liab~ les of the Dismct beginning with the year ended September 30. 1998. 'Fh.~fore. the assets and liabilities of the deleted com~nsation plan are not ~ing reported as assets and &ss~ and liabilities relating to employee salves and the v~ious withholdines and employer con~utions of the District are accounted for in a single fund. Prior to the cu~ent year the District repo~:d these assets and liabilities in an agency fund (a fiducia~' fund type). Beeinning with thc fiscal ve ~ :d September 30. 1998. these assets and liabilities ~e re~ned in the General Fund. A:to ~ ~ .It>ned of thein itsaCC°untingfinancial ch~eSsmtements.noted above, the District d~s not cu~cmly have ~y fiducian' funds SOUTH FLORIDA WATER IM. ANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEblBER 30, 1998 1 ! ! 'UMMAR }' OF SIGNIFICANT ACCO LWTING POLICIES (con tin u ed ~ I lt l Encttmbra.~tce$ T1 )istrict utilizes the encumbrance method of accounting. Under this system, commitments tbr the ex~ of resources are recorded in order to rcser~'e that portion of the applicable budgetary ~priation. All appropriations lapse at year end. Encumbrances representing uncompleted contracts and pt orders are recorded as a reserxation of fund balance at 5'ear end and reappropriated in the ensuing y~ budget. tit Cash and Investments Ti District utilizes pooled cash accounting whereb)' excess monies are aggregated for investment purposes. Negative cash balances in indMdual funds are reported as inteffund pavables with oflsetting receivables recorded ~n loaning fund(s). Cash includes currency on hand and demand deposits. Fl°ll~da Statutes authorize investments in (1) United States Treasur~' securities unconditionally guaranteed by~e full faith and credit of the United States Government. (2~ ~Jnited States Obligiations. (3~ Re~rchase~ Agreements collateralized by United States TreasUry securities perfected by a transfer of title of~e underlyim, security. (4) General obligation bonds of any incorporated county, city. town. school dis~'ict or road ~nd bridge district located in the State of FlOrida. (5) Insured o( full~.' collateralized ce~ficates of deposit of banks and savings and loan associations approved under Chap(er 280. Florida Sta~tes. and (6) Money market accounts which are invested in United States Treasury, securities. Investments in United States Treasur~' Securities and United States Agency Obligations are stated at m~et value. Amounts reported in e:~temal investment pools are based on information provided by the Sta agencies that manage the investment pools: The Local ov rn ent Su I is a highly liquid investment pool available for ~vesting temporarily idle cash by Florida governments and is managed by the State Board of tdmmistration (SBA). In order to accommodate pool participants with readily available cash. a ~bstantial portion of the portfolio is placed in short term securities. The SBA informed the amc~pants that the pool met the criteria to be considered as "2a-7 like", as defined by GASB tatement No. 31~ effective September 30. 1997. Accordingly, we have reported the fund at the same as the pool shares allocated to the District. ! I I I I I I I I I I I The Water Mana,,ement Lands rust n and the ~ 2000 Trust Fund are 'estment pools for moneys received by the State on behalf of various State and local governments ir the acquisition and/or management of environmentally sensitive lands (see Note 21). The State reasurer administers the investment of these trust funds until the participating governments request for reimbursement of program costs from the Florida Department of Environmental The District's participation in this external investment pool is involuntary. We have the fund value for reporting by multiplying a factor provided by the State Treasurer by thc ~'munt of the District's portion of the pool. I I I IX'!6 I I I I I I I I i I I I I I ! I I I gUMMAR Y OF S, GA'IFIC4NT ACCO L'3iTIA G POLICIES ~ cmttimwcl) SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ~ (i~ Caxh and [m'cstment.~ Ico~ttinttedl During the year the District did not directly inxest any resources in derivatives. Invcsm~cnts made through State-administered trust funds include derivatives. These investments are made on a pooled basis and Iht individual risk to the District is unknown. F~u~ses of the Statemenl of Cash Flows. all highly liquid investments with a maturity of three m,nths or'ss ~t hen purchased are considered cash equivalents. tory is stated at average cost and consists of fuel, chemicals and supplies held for consumption. Thc recorded as an expenditure at the time individual inventory items are consumed. (k ~ General Fixed Assets al fixed assets are those acquired for general governmental purposes. Assets purchased arc recorded as ~penditures in the governmental funds and capitalized at historical cost in the General Fixed Assets AcCOunt Group. Public domain ("infrastructure") general fixed assets consisting of certain improvements other than buildings, including bridges, water control structures, canals and levees are capitalized along with~other general fixed assets. Maintenance. repairs and minor renovations not capitalized. No de~ciation~ is provided on general fixed assets, nor has interest been capitalized during construction. Th~l~acquisition of land and construction projects utilizing resources received from Federal and a~ehT'cies are capitalized in the General Fixed Assets Account Group when the related expenditure is mcun'ed. Amounts expended by Federal agencies on projects related to District activities are not included in r~venue and expenditures because the District has no control over the projects or the expenditures of thc Federal funds. Donated assets are recorded at their estimated fair market value on the date donated. Exl:~.nditures 'hich materially increase values change capacities or extend useful lives are capitalized UlX/~n sale or reurement, the cost is eliminated from the respective accounts. ThJ:tatement-- of Revenues. Expenditures and Changes in Fund Balances reports capital °utlav exp~dltures separately for the capital projects funds only. The capital outlay expenditures for the general and~l~cial revenue funds are included in the totals by function. Capital outlay expenditures of the general $4,749.629 and $3,274.810 and of the special revenue funds total $5,985,606 and $4,989,385. res ively for 1998 and 1997. II-17 SOUTH FLORIDA WATER M. ANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEY, IBER 30, 1998 2 ~ SU:tI..IlAR}' Ob' SIG.VIF1CA:VT ACCOU.VITNG POLICIES ,t~ Lzmd 7?est Funds I 'nder Florida Statutes. the District is entitled to monies from the State of Florida which are allocated and appropriated to the Water Management Lands Trust Fund and the Florida Presen'ation 2000 Trust Ftmd The Florida Department of Environmental Protection {DEPI acts as trustee of these trusl funds. Thc purpose of these trust funds is to acouire environmentally endangered lands which are subject lo approval by the DEP. ' ' - [t ~s the District's policy to recognize monies received through these State trust funds as intergovernmental revenues at the time monies are appropriated and allocated to the respective trust funds since the District is the only entitx authorized to spend the funds. The District also accrues and recognizes interest revenue car-ned on these trust funds v, hich is allocated to the District. This method of revenue recognition reflects the District's legal entitlement under Florida Statutes to receive these monies. The Water Management Lands ]'rust Fund ,,','as established in 1981 and primarily receives monies from a portion of the documentar), stamp excise tax collected by the State which is allocated and appropriated 1o the District in accordance with Sections 373.59 (l} and (7). Florida Statutes. These revenues provide thc security fl0r the District's Special Obligation Land Acquisition Bonds ~'see Note 10}. Monies are released from the trust fund for debt sen'ice, acquisition, management, maintenance and capital improvements as scl forth in the District's five-year land acquisition plan. The District records act~:'ity of the Water Management I ands Trust Fund in the Save Our Rivers Special Revenue Fund and in the Save Our Rivers ('apital Projcc;s Fund. Thc Florida Preservation 2000 Trust Fund was established in June 1991. and for the first eight years of a ten ?ear program, the District has received .$221.1 million plus interest of S18.7 million from the issuance of State (not District) revenue bonds. Of the monies allocated for the purchase of statewide water management lands, such monies are in turn also allocated and appropriated to the District in accordance with Sections 373.59 { I ) and (7). Florida Statutes. Monies are released from the trust fund for the purchase of water management lands and lands necessary to implement surface water improvement and management plans as set forth in the District's five-year land acquisition plan. The District records actMtv of the Florida Preservation 2000 Trust Fund in the Save Our Ri;'ers Capital Projects Fund. Under the terms of agreements between the District and the DEP. if the District does not spend its share of thc monies in the />reservation 2000 Trust Fund within 33 months of receipt, the DEl" may request reallocation of unspent funds. The District spent the first six allocations within the required timeframes. The remaining allocations of approximately $53.3 million at September 30. 1998, received in May. 1997 and May, 1998, (plus subsequent interest earned.~ are required to be spent by February, 2001. It is the opinion of management that the District will expend the funds within the designated limeframes since the District current/,,, has land purchases pending in the amount of $30 million and has included land purchases in its current capital improvement plan in the amount of $184 million. II-18 1 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 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINAI~'CIAL STATEMENTS SEPTEMBER 30, 1998 ' ~ .51 'MMAR}' (IF SIGNIFICANTACCOL"NTING POLICIES tcoutinucd; ~ m I S U,'IM l?ust Fund ['ndcr Florida Statutes. the District is entitled to a p0rtion of the annual State appropriation for the Surface \Vat.,:r lmpro'.ement and Management ISWIM~ program. These funds are deposited in thc SXVIM Tmsl Fund ~ith the Florida DEP acting as trustee. The purpose of the trust fund is to provide reimbursement It~r a p,'~ion of the costs associated ~ith detailed planning and implementation of programs to restore and pr,,tcct designated priority water bodies. It is the District's polic.', to recognize rcxcnue at thc time monies :m: ,:Ilocated to the trust fund since the District is the onl,. entity authorized to spend thc hind',. 'I his mz:5od of revenue recognition reflects the District's legal entitlemcm under Florida .Malute, I(, rc~.c~xc t~l, ,-:-' mo~ies. tn ~ Com. pensated Absences DJ<net emplo>ees are granted a specific number of vacation and sick leave da,'. s v, ith pay. Employees arc permitted to accumulate a maximum of 360 hours (45 days} of ~/acation as of the final payroll ending m December of each ,,,'ear. Excess time is forfeited if not used v,'ithin 3(} da,,s after the final payroll Empto.'.ees are reimbursed upon termination for a percentage of unused sick leave after at least I0 % cars .~ ,,er,. ~ce. The costs of vacation and sick leave benefits (compensated absences l are budgeted and expended in ~:,.e respecti'.e operating funds ,.,.'hen payments are made to employees. Howe',er. the liability for all accrued and '.ested ',acation and sick pay benefits and sick leave benefits expected to become vested is rec,,rded in the General Long-Term Liabilities Account Group for employees paid from governmental fun~:- Employees of the Internal Sen, ice Fund have this liability recorded in that fund. ol Fund Bolauct,.5 ]),esot\aliens of fund balance arc reported to indicate a portion of fund balance ,.thich (i~ ts nc,t appr,?priable for expenditure or ~2,~ is legally segregated for a specific purpose, Designations of fund balance identif', tentative plans for the future use of financial resources. The undesignated fund balance ~s a'. affable for future appropriation. t_p_Z Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that the)' arc presented only to facilitate comparative financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Such data arc not comparable to a consolidation since interfund eliminations have not been made in the aggregation .f these data. Comparative total data for the prior .,,ear are presented in thc accompanying combined financial sta:ements in order to provide an understanding of changes in the District's overall financial position and operations. I II-19 SOUTH FLORIDA WATER I~'I. ANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEblENTS SEPTEMBER 30, 1998 ~[ 6~ , 31 CASH AND INVESTMENTS l'he District's im, estments are categorized to give an indication of the le`,el of credil Inet markct~ risk assum~ed by the District at September 30. 1998 based on various investment categories as lo ho'.~ scct, ritics are registered, insured or ,.,.'here held in custody. These credit risk categories are: ~. I1 ) Insured or registered investments or securities held by the District or held bv the District's "~[i agent in the District's name. · ~2~ Uninsured or unregistered investments for which the securities are held b`, the c, mntert,:.t b,. its trust department or agent in the District's name. ~3~ l'ninsured and unregistered investments for v, hich the securtties are hctd b', Ibc co,nlcrparly · or b`, its trust department or agent, but not in the District's name ~'ash and in~ estments as of September 30. 1998 is composed o~' the l'ollo~vmg: Investments Held b'. District: U.S. Treasury Notes U.S. Agenc.,. Obligations Investment Category 34.594.660 S $ $ 34.59.1.660 191.844.113 1'11.844.113 226.438.773 $ $ 226.438.773 34.201.020 Investments in Local Government Surplus Funds Trust Fund Investments Field by Trustees: iWater Management Lands Trust Fund ;~orida Presercation 2000 Trust Fund' Total Investments ('ash Deposits: Money Market Accounts SWLM Trust Fund Demand Deposit Accounts (Float~ Total Cash Deposits Pert`,' Cash Total Cash Deposits and PetLv Cash Total Cash and Investments 339.698.186 31.3') 1.006 _7O4. I I0.773.858} 23.382.05tl 37.000 23.419.050 363.117.230 The money market account balance of S31.391.006 was collatcralized ~ith securities £icld b.~ thc pledging financial institution or by its trust department or agent, but not in lhe District's name. The demand deposit account balance was 51.045.549 according to the bank statements and was co`,'ered by Federal depositor> insurance or ',,,'as insured through the State of Florida public depositeD' collateral pool. II-20 I I I I I I i I I ! I I I I I I I I I SOUTH FLORIDA %VATER M. ANAGEMENT p ISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 I I I I I I I I I I I I I I I I ACCO UNTS RECEIVABLE .-\c¢ounts receivable at September 30. 1908 consist of the folio',,, :: :~ Special Capital ! 5 General Revenue Pro.iects · i~ Fund Funds Funds Florida Power & Light Co. S S 4.000.954 S InterEst 503.405 909.7% 1.795.204 Wetland Mitigation Permits 1.151.801 Leases I 0,185 70.130 AllOwance for Doubtful Accounts - 14,000.0001 $ 516.939 $ 2.145.258 Internal 5, cr~ icc Fund Total 5, 71.105 4.(x)0.954 3.279.51(} 1.151.80! 80.315 94.083 14.000.000 ~ $1.873.301 5, 71.165 54.606.663 The~cei,,'able from Florida Power & Light Co. represents amounts owed b% the electric utility under contract, ~ with the District. The contract provides fundinn~ to respond to any water quality or other envn'onmental~ ,~effects that may occur ~'hen the utility constructs a power line through water conservation areas under the control of the District. An allowance for doubtful accounts has been recorded a~ainst this receiviible until permit contingencies are resolved. 15) INTERFUND RECEI!OtBLES AND PA}'ABLES lnteffund receivables and pa)ab]es as of September 30, 1998 are as follows: lnterfund Payables $ 408,029 204.092 S 612,121 · [':::i Okeechobee Basin 5~ Department of Environmental Protection · ~?- Aquatic Plant Control ~rmy Corps of Engineers o Aquatic Plant Control Interfund Receivable $ 612.121 612.121 II-21 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ~ 6) PROPER'['}' TAXES The District is permitted by Florida Statutes to levv loxes up to .800 mills per 51.000 of assessed x aluat~on. l'he rate le,.ied for a majority of the District for f'/scal ','ear 1998 was .697 mills. Property ir, xes :irc lex ~cd zach November I on the assessed value listed as of(he prior January 1 for real and person:,l property Iocaied within the District. The assessed value at January 1, 1997. upon ahich thc fiscal year 1998 lex,,' :~ aS based. ~'as apprOkimately $296 billion. : :: -x four percent discount is allowed if the taxes are paid in November. with the discount declinm{2 by percentage point each month thereafter. Taxes become delinquent on April I oI each year. DJlin~tuen/ property tax certificates are sold to the public beginning June I. at v. hich time a lien altachcs propert.,.. Bx fiscal year end. virtually all property taxes are collected either dircctlx <~r throm2h tax :::rtificate sales, t'roperty tax revenues are recorded b) the District based on the amount nf receipI~. reported bx the count.,.' tax collectors. Property taxes receixable from the countx tl,x colkx'lo[~, :il September 30. 1~98 and included in tax revenues are S354.126. t T~ L'VTERGO~, I:.R.'~. IEY,"FAL TIL4;\SACTI03, S .-\mounts due from other governments at September 30. 19~8 and intcr~ovcrnm,.mtal rcvcnm..s for 199,~, .~)nsist of thc folloxving: ~ U S. Army Corp of Engineers ['.S. Federal Emergency, Management Agency I '.S. Department of the Interior liS. Fish and Wildlife i Florida Department of Environmental Protection Florida Department of Transportation Various Counties: Ad Valorem Taxes Property Appraiser Fee Credits Tax Collector Fee Credits ()ther Goxernments l.css Allowance for Doubtful Accounts Total September 30. 1998 1998 Due From I ntergovem mc n tal Other Governments Revenues 330.910 $ 1.016.357 529.329 1.342.037 22.824.328 1,528.702 1.060.857 59.670.178 16.952 2.125.000 354.!26 1.384.948 962.000 367.428 tl.329.136~ 3.677.414 $ 89.44o.887 Property appraiser and tax collector fee credits represent refunds of fees charged in advance for expenditures b.', the various count>' property appraisers and tax collectors. Florida Statutes require refundinu to the various local governments an)' unexpended fees. ~ 1 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 I I SOUTH FLORIDA 1,rATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEblBER 30, 1998 t?) GENE~L FIXED ASSETS A summary of' changes in general fixed assets follows: Lane BuildJ Equil Impn COBB In Pro.eSs Balance at Bala,cc at October 1. Adjuslmems/ Scplcmbcr 30. 1997 Additmns Retirements Reclass~ficatmns 1998 512.957.366 S 52.964,183 $(15.354.942~ $ 215.613 $ 550.782.220 36.585.668 65,109 : (65.223} 363.551 367~49.105 71.984.272 9.039.744 (4,622.273} 432.091 76.833.834 10.155.330 19.580 33.100 10.208.010 413,428.819 33.516 1.360,859 414.823.194 12.958.243 51.023.348 ~ 3.042.950J 60,937.6a 1 1.058.069.698 $113.145.480 $(20,042.438 ~ $ ~63,q,736} $ I. 15o.53,1.oo-~ DEFERRED REVENUE Gener : Fund Specil Revenue -- Ok~ ~obee Basra Fund Type of Revenue Intergovernmental Reason for Deferral Pending review by other agencms 16~i 1 Am{~tlg! 102.958 Intergovernmental Pending review by other agencies S 450.000 [erred Revenue $ 552.958 II-23 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ENEtL.tL LONG-TERM LIABILITIES :fllo~.ing is a summar'x' of changes in general long-term liabilities for the fiscal year ended Se ~tember 3C~. 1998: 1 Balance at Retirements October 1. and 1997 Additions Adjustments I.: cquisition Bonds 5 87.075.000 S $ (3.530.000, ComPensated .Absences 11.510.000 820.000 Capital Leases 1.672.221 2.379.828 162~ BankLoan}} 3,518,131 3.518,131 Condemnation and Other Claims 13.692.500 7.553.500 21.246.000 ' S113.949.721 $ 14.271.459 S(4.1~3.411, i ': S 124.067.769 Con nation proceedings are discussed further in Note 17. Spe~ill.~,.~ Obli~,ation. Land. Acquisition Bonds are issued by the District to provide funds for the acquisition of en,,n'onmentallv~ . sensmve lands. Principal and interest on the Land Acquisition Bonds are secured by a lien on d*~¢umentary stamp excise taxes collected statewide by the State of Florida and allocated to the'State's five ~ater management districts through the Water Management Lands Trust Fund as shown in Note 2(I). The D'~trict accounts for debt service transactions in the Save Our Rivers Capital Projects Fund. All cial Obligation Land Acquisition Bonds issued prior to the current fiscal ,,'ear were refunded in 19931q4and 1995 to reduce subsequent debt service payments. The resulting de"eased bonds totalinu 549.750,000 were paid in full by the District's agent on October I. 1995. Issu...__~e Amount Maturity Rate_._~Ss 99.,3 Refunding S 36.260.000 1998-2015 4.25-5.25~ 995 Refundin2 17.975.000 1998-2006 4. I 0-5.00% 99~ ~cquisi tion 35.000.000 1998-2015 4.15- 6.00c/~- ~ :, S 89.235.000 II-24 Balance ;ti September 3(/. 1998 $ 83.5-15.000 I ?.428.638 Remaining Balance S 35.385.000 15,505,000 32.655.000 S 83.545.000 I I I I I I I I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEbIBER 30, 1998 ~ I0~ GENERAl, LO,SG-TER. I LIABILITIES Jcontinued~ .,,'ear requirements to amortize debt outstanding as of September 30. 1998 are as follows: Principal Interest Total 1999 e, 3.665.000 $ 4.191.315 $ '7.S5(,.315 2000 3.820.000 4.032.838 5'.852,838 200 ! 3.985.000 3.861.824 7.846.824 2002 4.160.000 3.677.680 7.837.680 2003 3,450,000 3.501.187 6.951.187 2004-2008 19.900.000 14."/52.131 34.652.131 2009-2013 25.605.000 8.849.432 34.454.432 2014-2016 18.960.000 1.608.056 20.568.056 S 83.545.000 S 44.474.463 S 128.019.463 I I I I I I I I I During fiscal year 1998 the District entered into an agreement with a com~nercial bank to provide financing for various capital projects. The agreement is in the form of a line of credit to the District in an amount not to exceed $10,000,000. The interest rate is calculated as a percentage of the U.S. Treasur~ seven-year note rate. The District made an initial draw of $3,518,131 on the line of credit in September 1998. in order to fund the construction of an addition to the main office building that will be used as the Emergency (_)potations Center (EOC). Under the terms of the loan the District agreed to make semi-annual payments of $284.201 :'or seven .,,ears ~.~.ith an interest rate of 3.37~. The District will repay thc loan from legally available revenues of thc General Fund. Fiscal year requirements to amortize the loan as of September 30. 1998 are as follows: Principal Interest Total 1999 $ 453.631 S114.771 S 568.402 2000 469.048 99,354 568.402 2001 484,988 83.414 568.402 2002 501.469 66.933 568.402 2003 518.511 49.891 568.402 2004 536,132 32.270 568.402 2005 554.352 14.050 568.402 S 3,5t8,131 $460,683 $ 3,978,814 II-25 ' l_f). OPERAThVG LEASES SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 '[he3~,istrict is committed under various operating leases for building, office space and data processing cq.u,.p~ment. Lease expenditures for the year ended September 30. 1908 amounted t- $I 350.643. [:ulurc m,mmum lease payments for these leases are as follo~,'s: ~ Fiscal Year Endin~ Se__e_e_e_e_e_e_e~.mber 30 Minimum l.case PavmenI:. 1999 S 1.085.637 2000 737.149 >.3.574 I I I I I I I I I ti2) CAPITAL LEASES The ~Djstrict has several lease agreements that qualify as capital leases for accountin~ rm oses and have been~corded at the present value of their future minimum lease t~avments in th~ .~e~erP~al fixed ass t~, . . . g ..et accoun_t group as of the mcept,on date of the lease, i., ,~} The owing is a schedule of the DiStrict's future minimum lease payments under the capital leases, and the p~ent value of the net minimum lease payments as of September 30. 1998: Minimum Lease Payments Fiscal %ar Endine Se~30 1999 2000 2001 2002 2003 20O4 2005 Total minimum lease payments Less: Amount representing interest Present value of future minimum lease payments $ 911.306 911.306 749.614 59.5.014 404.856 295.811 21.213 $ 3.889.120 ~460.482) 3.428.638 I I I I I I I I I II-26 I ! I I I I I I I I I I I [ I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEblBER 30, 1998 166 (13} RESERVED AND UNRESERVED FUND BAlANCE. C; Reserved Fund Balances. Reservations of fund balance at September 3~). l')gS consist o~ thc hdl{~x~ General Special P, ex enuc Capital Project Fund Funds [:u nds Encumbrances $ 18.488.906 5, 25,059,660 5. 54.471.S53 ,",litigation Construction 1,425,745 Long-Term Management 4.136,559 Land .Acquisition 1.846.418 $ 18.488.906 $ 3..468,38~ S 54.471.853 The reserxes for mitigation represent funds set aside to acquire, restore and manage wetlands These reserves are accounted for in the Wetlands Mitigation Special Revenue Fund. All reserved amounts arc legally required based on District regulator5.' permit conditions. Unreserved Fund Balances - Designations of fund balance at Septctnber 30. 199$ consist following: Subsequent Year's Expenditures Economic Stabilization Kissimmee River Restoration Future Capital Projects General Special Revenue Capital project Fund Funds Funds $ 8.675,585 $ 22,047.980 4.155,000 4.209.000 2.543.000 1.000.000 S 12.830.585 S 29.799.980 S 109.597,648 S 109.597.648 (14) DEFINED BENEFIT PENSION PLAN The District has adopted the provisions of GASB Statement No. 27. Accountin~ for Pensions by State and Local Government Em~. in the following disclosure: Plan Description: The District contributes to the Florida Retirement System {the SystemI. a cost-shari,g multiple-employer defined benefit pension plan administered b.~ the State of Florida Division of Retirement. The System provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. The Florida Legislature established the System under 11-27 SOUTH FLORIDA ~('~ATER I~I.~%'AGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 Chapter 121. Flor:da Statutes. and has sole authority to amend benefits provisions. Each ,,'ear tt:c System issues a publicb a`.ailable financial report that includes financial statements and requireti supplem~niar,, information. That report may be obtained by s'fiting t6 the Florida Department of Management Ser',icc~. DMsion of Retirement. 2639 North Monroe'Street, BUi!dlng C. Tallahassee. Florida 32390-1560 Funding Policy: The System is non-contributor), for employees and the Distric: is required m cnntribulc actuafiall,, determined rate. During the fiscal ,,ear the rate was 17.22'7.: of annual coxercd pa,,mll contributions of the District are established an~l ma)' be amended b,. the 5ta~c l,cgi,,laturc Thc' l)istricl', contributions to the S.x stem for the ,','ears ending September 30. 1998. 1997. and l',m ~ ct: 5lt .SS6.6-2. and $11.659.608. respecti,, el3.. equal to the required contributions for o'.ch ,. ear 15~ OTttER POSTEMPLO}'MEA'T BE.VEFITS cTohmebiDnTttirZ~:o~r~ma or~7~mae~,Tt iunsC~seot~°~,.~am to employees, f! igc, .'. ', determined b,...: · ' ' ,, P .' "- ' =' p '" .er 'ice with Florida P, etirement S,. stem emt'q ~,.'crs t:ndcr the retirement mccnli',e, the District pays three `.ears of medical insurance premiums for Ibc rcti~m~ emplo?ees and bet~.teen 50q and 100,c,t of their dependent,~' premiums, dcpendin,z cm Iht! number c,l service ',ears. ' The D:stnct recorded medical insurance expenditures of $191.257 for 31 employees v, ho participated in the retirement incentive program during fiscal year 1998. Premium payments are budgeted and expended based on the number of eligible employees and their dependents and are restricted to current participants. Future estimated expenditures based on current participants are summarized belo`.v: Fiscal Year Ending 5_~tember 30 1999 2000 Total Estimated E_j_penditures $ 183.657 S 193.700 INS [ :R~4NCE A CTI ~ 7TIES The District is exposed to the various risks of loss related to tons. theft of. damage m and desmlcdon of assets, errors and omissions, injuries to employees, and natural disasters. In 1976 the District established a self-insurance program for its v,'orkers' compensation exposure. The District is to~allv self-insured for workers' compensation claims. In 1986 the District established a self-insurance progra'm for automobile and general liability claims. The District's financial exposure for automobile and general liabilit?' is limited to SI00.000 per person and 5200.000 per occurrence pursuant to Section 768.28. Florida Statutes. The District transfers its risk for personal and real property through thc purchase of an insurance polio,. The coverage is ~vrmen on a 100% replacement/stated value basis, with var2,,.imz retentions. The Districi fully insures its liability for employee and retiree medical benefits. Settled claims have not exceeded the amount of commercial coverage or the legally defined liability limits in any of the past three fiscai years. 1 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 I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 ,/6~ INSURA.\'CE ACTIVITIES (continued~ I i~c self-insurance program is accounted for in the Internal Ser,,ice Fund Expenses relating to insuram'c ar,: charged to other funds based on a cost allocation study. These expenses include actuarial estimates utilizing the Casualtx Actuarial Society Statement of Principles Regarding Propcrt:, and C:,suallx [.(-,s and l.,,ss Adjustment Expense. The actuarial figures are utilized to determine the amounts needed t() pa? pn~,r and current '.ear claims and to establish a rcserxc for catastrophe losses and for losses incurred bt[I mq reported ([BNR~ at year end. 'I he total estimated liability as of September 30. 1998 is $3.487.490 and is presented on a discounted hasi,~ using an expected investment yield of 5%. Changes in the Fund's claims liability amount for ~he last three ? cars are summarized below: Fiscal Beginning Current Claims and: Yeast Liabilit,, Ch_h~ges in Estimates 1996 S 3.591.737 $ 1.270.058 Claim Payments Endintt l.iabilitx S 1.339.830 $ 3.521.065 1997 3.521.965 1.396.322 1.261.183 3.657. t04 1998 3.657.104 1.327.552 1.497.166 3.4 fi 7.490 ~ i 7 ~ OTfIER LIABILITIES- CONDEMNATION PROCEEDINGS ]'he District is party to numerous lengthy condemnation proceedings fas plaintiff1 and inverse condemnation proceedings (as defendant or co-defendant) regarding the taking of private lands throughout Ire District for public use. The court ma)' rule that there was no taking of land b3 the District resulting i. no liability to the District. Where a taking is ruled, the court determines the value of the land claimed by the owner and payment is made to the owner upon transfer of title to the District. In such cases, all pa.,. ments have been made or accrued for the year ended September 30. 1998. At September 30. 1998 the court has yet to rule on a number of proceedings for which the land value liability, if any. and title transfer date is undetermined. The District's estimated future liability for the p.~rchase price of these lands (including attorneys' fees, interest, and other costs) is approximately $21.2 million and is recorded as a long-term liability (see Note 10) in the General Long-Term Liabilities Account Group. Should the court rule that there is no taking of land or that the value of thc land claimed by the owners is lower than the amounts claimed, the estimated future liability will be adjusted at that time. When the court niles that there is a taking, the District ,.,,'ill levy the necessary taxes, then budget and appropriate funds to pa5 the liability to the landowner. II-29 SOUTH FLORIDA WATER M. ANAGEbIENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1998 1 I I £,. COMMITMENTS AJ~'D CONThVGENCtES The District participates in several Federal and State assistance programs which are subject to financial and program compliance audits. Such andits could lead to reimbursements to the grantor agency for disallowed expenditures. Ho~vever. management believes such disallowances, if any. will be immaterial. ! I ti 9~ STATUS OF }'EAR 2000 PROJECT The Year 2000 Project seeks to ensure that the operauons of the District are not ad','crsel5 affected b.'. computer systems and other equipment thal may not be able to process data accurateb when thc last tx~ c~ digits of the >'ear change from 99 to 00. The District began to evaluate the impact of the .,,'ear 2000 on the District in September 1997. ']'t~e tolal project costs expended through September 30. 1998 are $760.000. The project is expected to be completed by March 3I. 1999. with a total estimated cost of Sl.2 million. The work completed to date or curremlv process for the Year 2000 Project is summarized into four stages: ~1) awareness. (2~ assessment. remediation, and ~4~ validation and testing. During the awareness stag~ a budget and a project plan were developed. The project plan included estimated timeframes for completion of all stages. Presentations on lhe Year 2000 issue were made to the Governing Board and all levels of management. Dunng the ~ each department prepared an inventory of all areas which could be affected by the year 2000. From this inventory a determination was made as to which items or areas needed modification or replacement. The areas of concern identified by the team were hardware (personal computers, workstations, servers, network and any equipment with a computer chip), software (packaged. custom, operating systems, compilers, etc.), data shared with other agencies, telecommunication systems (phones. data network, telemetry, system), data collection devices, facilities management systems (security. environmental control, elevators, fire alarm) service providers and critical suppliers. I I I I I I I During the remediation stao..qe all affected areas identified by the departments arc being updated or replaced for ,,.'ear 2000 compliance. I In the opinion of management the percentage of computer equipment used by employees that is year 2000 compliant as of September 30, 1998 is: · Personal computers: 85% · Workstations: 77% · Macintosh: 100% All financial systems software and most of the other critical software aplications, such as scientific databases, have already been convermd. Management believes thc following tx'stems are 5'ear 2000 compliant: · Advantage 2.0 Financial Systems and ROSS Payroll and Human Resources System · Agricultural Models · Automated Remote Data Acquisition and Monitoring II-30 I I I I I I I I I I I I I ! I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATENIENTS SEIVI'EblBER 30. 1998 19) STATUS Ob' YEAR 2000 PROJECT,continued_42 Control Room Operator Interfaces Computerized Maintenance Management System Data Collection and Validation Processing District Permitting Databases Ground,xater Models H... d to- Meteorological Database Laboratory Information Management Lake Okeechobee Ecosystem Database Land Acquisition Management Information System l.andscape Models Natural Systems Models Or~,anic Database ': Surface Water Models Water Qualit? Database Water Qualit? Models The major systems of the District that are not .,,'et )'ear 2000 compliant as of September 30. 1998: · Meteorological Support Systems · Supe~'isor?' Control and Data Acquistion Telemetry System The va il dation and tetin ta e consisted of (1) sending letters to the manufacturers of all the software. hardware and equipment with potential year 2000 impact. (2) reviewing thc responses received from thc manufacturers, and ~3) in-house testing of the software, hardxvare and equipment lo validate the manufacturers' claims of the ?'ear 2000 readiness. Each custom software package being convened ~as thoroughly tested b.'. both programmers and end users prior to being put into production. The District catalogued 711 packaged software products currently used by staff. Of this total. 210 have been tested for >'ear 2000 compatibility. Of the 210 tested. 188 O0%1 passed the test and 22 failed. We will complete the testing of these products and resolve any problems during fiscal ?'ear 1999. The District has contacted the outside parties who transfer the semi-annual bond principal and interest payments to the bondholders on the District's behaifi These parties have indicated that the bondholders will receive their scheduled payments without interruption during and after the year 2000. Although we anticipate no delay in the payment of bond principal and interest, the District has no control over the 5'car 2000 remediation efforts of external third parties. It is possible, therefore that even if the District were to pay all of its obligations on time, the noncompliance of external third parties involved in thc transfer of prir~cipal and interest payments could adversely affect the timeliness or amount of payments to bondholders. During the first quarter of fiscal .,,.ear 1999 the District will be testing the telephone system, the computer network, and the telemetr?' system, in addition to thc packaged software products. Management believe, that the Year 2000 Project is on schedule to be completed by .',,larch 31. 1999. No interruption of an'~ critical District functions or duties is anticipated. 1 I I I I ! I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I COMBIN'ING, FINANCIAL SECTION INDI¥IDUAL:iFUN'D AN'D A CCOUN'T G ROt'P FINAN'CIAL STATEMEN'TS A.~'D SCHEDULES I I I I I I I I I i I I I I I I I SUPPLEMENTAL FINANCIAL INFORMATION 1 GENERAL FUND Thc General Fund is maintained to account for all financial resources and transactions not accounted for in another fund. III-2 ~ 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 SOUTH FLORIDA WATEP~ MANAGEMENT DISTRICT GENERAL FUND CO~ARATIV~ BALANCE SHEET AND 1997 ASSETS Cash and ln,.estments Accounts Receivable Due From Other Gos emments Due From O~her Funds Inventor' O~her Assets TOT.-M. ASSETS L-LB IL ITIE S A.\'D FL."N'D . .,MN'C LIAB~ITIES_ .-\ ccoum$ Payable Deferrecl Revenue TOTAL LL. kBILITIES Reserved Encumbrances Unreserved Designated Subsequent Expenditures Economic Stabilization Undesignated TOT/M. FUND BAL.&'qCE TOTAL LIABILITIES .&N'D FUND BALANCE $~2.123.032 516.o3~ 635.00~ 10.482 $43.360.4S4 88,388.432 102.958 8.491,390 18.488.9G6 8.675.585 4.155.000 12.830.585 3.549.603 34,869,094 543.360,484 IH-3 16~ 1 1907 $32,660.406 67'1.512 163..187 11.023 S33.u27.3~3 S3.101.041 158.609 3.349.650 10.¢)96.378 13.555.704 3,635.000 17.190.704 3.290.631 30.577.713 533.927,363 Exhibit B-I ExhiNt B-£ Page 1 of ? SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENEKAL FUND STATEMENT OF REVENL'ES. EXPENDITURES AND Ct-L~\'GES IN FUNI) BAI ...\NCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. IqoS R k VI:!.NUE S Propers>.' Taxes intergovernmental Interest Licenses. pernuts and Fee~ Sale of Distri~ Propert>.' Indirect Costs Recovered Refund of Prior Yearn Expenditut~ Leases Other Total Rexenues B L'DG F..T ACT1 '..\I. VARIANC[.- ~ UNFAVORABI,E ~ S80.606.712 406~27 .841.075 205.000 53.620 85.419.634 S81.583.O50 301.009 3.304.704 2.023.835 i27.077 583.286 477.407 59.663 226.o9~ 88.647.03, $976.338 ¢15.518) 1.134.704 182.760 ~ 77.923~ 383.286 442.407 6.04 3 215.299 > .... ~96 I I I I I I I E.'~ENDITURE S Adtmni.qrauve Executive Office Personal Serxices Operating Capital Omlay Total Execum'e Office Financial Management Personal Sen. ices Operating Capital Outlay Total Financial Management Inspector Gen~raJ Personal Ser'~i ce~ Operating Capital Outla.,. Total Inspector General Counsel Personal Services Operating Capital Outl~' Total Counsel Enterprise Engineenng Persona/Sen'ices Operating Capital Outla? Total Enterprise Engmeenng 1.782.731 862.563 73.000 2.718.294 1.877.326 491.058 3.951 2.372.335 641.918 51.595 565 694.078 2.776.432 1.350.800 7.370 4.134.602 6.634.075 9.108.155 3265.667 19.OO8.707 III-4 1.7,~l.?ll* 4 ~2.57o 2.2 *0.2.~ 1 1.846.'783 347.527 3.601 2.1~7.911 634.248 56.751 293 6'71.202 2.753.086 937.589 7.173 3.697.848 6.52 6.401.481 1.588.326 II.5 Ih.835 21.012 389.984 17.047 448.043 30.543 143.531 350 17.1.424 7.670 14.844 272 22.786 23.346 413211 197 436.754 IIj ? .q4 7 2.706.674 1.~77,341 .1491.~62 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 SOUTH FLORIDA WATER MANAGEMEN'T DISTRICT GE,~RAL FUND STATEMF. NT OF ~S. ~'DI~ES AN~) CltANGES IN FI :ND BAI.ANCF BLUET AN~ AC~;AL FOR ~H: ~ ENDED SEPteMBER 30. IOqg Business Resources Personal Sem.'ices Operating Capital Outla? Total Business Resources BUDGE1 A£' FI. V..\RIAN('I-- FAV¢ )RABLF { 17NI' AVORABI.E ~ 7.337.68S ¢,.702.1S7 ....~, 6.O.g 1 ..l fi6._1.1 t u, ,o.683 14.916.231 I :.24~hZS'~ 1.675.04' 604.1 ~fl go.00o ~, 14.11o 694. 130 gO.~O 614. 130 3~,674.426 7.8~ .Gl l Big Cypress Basin Administration Operating Total Big Cypress Basin Administration Total Admininrative Outreach Government and Public Affairs Personal Services Operating Capital Ou:Iay Government and Public Affairs 1.532.741 1.499.031 33.710 4.047.763 2.025.131 2.022.632 11.053 7.676 3.377 5.591.557 3,531,838 2.059.719 Scm'ice Centers Personal Services Operating Capital Omla> .q erxqce Centers 1.972.161 1.919.785 52.376 7.836.855 1.4.10.1-1" 6.396.,'743 27.530 .~7._39" q 9.836.585 3.359.02" 6,476.658 15.428.142 6.891.765 8.536.377 36,662 2.058 34.6¢1 78,120 3200 74.920 114,782 5.258 109.524 7~59.847 7.154.003 105.84.1 1.461.713 756.390 705.317 239.814 184.707 55.107 8.961.374 8.095.106 866268 Continued Total Outreach Construction and Land Management Personal Services OperaUng Total Construction and Land Management Regulation Personal Sen'ices Operating Capital Outlay Total Regulation IH-5 Exhib Page Exhibit ft.2 Page 3,4 3 SOUTH FLORIDA WATER ,',,L,~,NAGEMENI' DIS'IRIC'I GENE I:UXL FLeD STATEMENT OF REVENUES. E.'~ENDITUq:LES AND CtbM'gGES IN 1. I :NI) BAI.ANtT BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. ioo,x VARIAN('F- I' AV~ )RABI.I. BUT)GET AC'I-l: ,\I. ~ UNi'.AV~ W, ABI E ~ EXPENDtTI.:RES Operauons and Maimenance Operating Total Operalions and Ma:ntenancc 742 742 %7.988 967.088 10.850.5.12 I 3.016.093 1 241.30o 2f.105.844 8368.7]1 7.505.763 327.709 16.202.203 670.742 I I 1.993.284 126.573.650~ " 220292 {2.141.3331 4.828.761 2.907.720 {23,665.9301 30,577.713 {19.411} 30.558.302 $6.892.372 35 707 35 71)T al 1 .::¢K, s5,~.788 ~11.2o0 I '.L070.3~ ~8 180.23.1 '.: 72.024 <,6.[.$.06Q ] .127.89(~ 113.419 1c~.I"1.I22 <.c~37.722 8.272.112 96.619 4.142.178 3.363.585 327.665 12.741.955 ~ .460.248 670.742 83.9o0.867 28.002.417 4.676.163 31.240.813 185.508 ~2.131.471 ) 1.580.592 (3.248.169~ t365.371 { {3.273.O911 4.310.792 27.u76.722 30.577.713 ~19.411t 30.558.302 $34.869.094 $27.076.722 Ecosystem Restoration Operating Total Ecos5 ~tem Restoration Wa~er Resource Evaluation Personal Sen ices Operating Capital Outla? Total Water Resource kvaluatton Planning Personal Services Operating Capital Outlay Totzl Planning Contingeno' Managerial Reserve Total Expenditures Re~,enues Ln Excess of {Le~s Thanl Expenditures OTffER FLNTANCD~G SOURCES (USES) Operating Transfers In Operating Transfers Out Capital Lease Proceeds Total Other Financing Sources IUses} Revenues and Other Financing Sources {'Uses) In Exces~ oflLess Than) Expenditures FUND BALANCE AT BEGI3,,"NTNG OF ST..AR CU.~flJ'LATIVE EFFECT OF A ClbMXJGE IN ACCOUq'~'TING PRINCIPLE FU,"N'D BALANCE AT BEGIN."N'ING OF YEAR. AS RESTA]'LD FU2,,'D BAI.ANCE AT END OF h .'EAR 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 SPECIAL REVENUE FUNDS Special Revenue Funds are maintained to account for Ihe proceeds of specific revcm~c sources lhal arc legall.,¥ restricted to expenditures for specific purposes, ¢)keechobee Basin Fund To account for the normal operating expenditures of the Okeechobee Basin which is an area coxering all part of fifteen counties in South Florida. Financing is provided bra .313 mill propert~ tax intergovernmental revenues, permitting fees and interest earnings. ' Big Cypress Basin Fund To account for the normal operating expenditures of the Big Cypress Basin which is an area cmering ;ill part of two counties in Southwest Florida. Financing is provided by a .278 mill tax levv and interest earnings. S~d,'l M Fund %, account for expenditure.~ made to enhance the environmental and ~,~,erlic ',il]tlC ~)~ MH~aC'C ~;liL'f5 ~l~ pre,vialed in Scctmn 375.451. Florida Statutes. Financing i5 proxided b3 an appropriation of the FlorJd~ Depanmem of En~ ironmcntal Protection and allocated in the Districl's name and deposited in thc ~urfacc Water Improvement and Management Trust Fund administered by the State of Florida. 5ave Our Rivers Fund To account for expenditures made to manage and resto~ ~nsifive water resource lands within the District. Financing is provided by a portion of (i) d~ument~*tamp tax revenues appropriated and allocated in fl~c District's name and deposited in the ~ofida Water Management Lands Trust Fund administered by the State of Florida. ~2~ regulato~ fines, and (3) interest earnings. DEP Aquatic Plant Control Fund To accoum for expenditures made for aquatic plant control in the Kissimmee River and Upper Chain of Lakes. Financing is provided by the ~ofida Dep~ment of Environmemal Protection. Army Corps Aquatic Plant Control Fund To account for ex~nditures made for aquatic plant consol in ~ke Okeechobee. Financing is provided by the A~y Co~s of Engineers. . Florida Power & Light .Mitigation Fund To account for expenditures made for water quality improvement in the \Vater Conservation Areas and Everglades National Park. Financing is provided by Florida Power & Light Compan,,. a priYate electric utility. During fiscal )'ear 1998 this fund ',,,'as closed. ' Orlando Beltway Mitigation Fund To account for expenditures made to formulate, design and implement a plan to mitigate the environmental effects on the Shingle Creek Swamp of construction of the Orlando Beltway southern corridor. Financing is provided by a grant from the Central Orlando Beltway Authority. We: .,ntis Mitigation Fund To a,count for expenditures to create new wetlands or improve alternative existing wetlands due to the destruction of designated wetlands. Financing is provided by private and other governmental contributions as part of the required permit. 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 I6G Indian River Lagoon Restoration Fund iT, aez'mun'li, r ex..~t~li~t..s meuliaure.~.eu.vimm~am~'at~.at~ic.~ab~aa~.qm~f~t..~c~atr~4n, wl~.lnd&m,, . ontrlbu'tor s. Intermodal Surface Transportation Enhancement Act Fund To account for re:enues and expenditures associated with grant funds provided by thc Federal l-tighway Administration through the Florida Department of Transportation. The funds x~,ill be used for detailed planning, design, and implementation of a scenic trail around the western rim of Lake Okeechobce. Thc District has not received any funds for this project. 1 1 III-9 Ex. hiNt C- 1 Page I of ~ .ASSETS Cash and Investments Accounts Receivable Due From Cr~her Govemmen:s Due From Other Funds Las emor: TOTAL ASSEIS SOUTH FLORIDA WATER MANAGEMENT DISTRICT OKEECIIOBEE BASIN 5-16.67.1.201 639.539 809.529 612.121 925.851 S.19.744.285 SPECIAL REVENUE FUNDS COMBINING BALANCE SHEET SEPTEM'BER 30, 1998 ANT) 1997 CYPRESS S3,847.636 S5.755.420 52,144 .10.338 48.787 15.832 255 $3.064.654 SAVE OUR R/VERS DEP AQUATIC PI.ANT CONTROl. S6.520.g,)3 S< 7oq ',eR S6.6u6.:)_. S'12.326 1 ARM Y CORPS AQUATIC PLANT CONTROl. 2285C8 5228.928 5;24.836 204.092 228.928 $228.928 LI.M3ILITII= S .AND FL.'ND BAL.~'qCE LL&B[LITIF S Accounts Payable Due To Other Funds Deferred Re~.enue ' Fund Balance - Re~er,'ed Encumbrances Concretion Long-Term Management Land Acqmsition Fund Balance - Unreserved Designated Sub~quent Exp~dit~es Economic S:bili~tion Kissimrnee River Restoration Furore Capital Projects Man~ement of Lands Undesignated TOTAl. FUND BALANCE TOT,kL LIABILITIES AND FL.'ND B.M.ANCE S2.853.413 450.000 3.303.413 18.960.172 13.909.617 4.010.000 2.543.000 7.018.083 46.4-40.872 S49.7.1.-1.285 S276.800 S92.114 S304.297 408.020 276.800 92.114 1,142,549 3,958.380 787.323 63.980 133.500 1.553.058 1.081.906 199.000 1.000,000 1.434.087 7.520 4.645.579 (63.980~ 3.909.136 5.518.958 6.514.808 $3.964.654 $$,795.758 S6,606.922 $712.326 m m m m m m m m ! m m m ! m m m l m 1 I I ! I I I I I I I I I I I I I I BELTWAY MITIGATION $1.839.807 24.596 Sl.864.~03 1.750.000 114,403 1.864.403 1.864.403 WETL.~NDS MITIGATION INDbM~ RIVER LAGOON EVERGLAD£S RESTORATION CONTRIBUTIONS I O'I Al. 1998 I ~97 $10.942.197 $219.748 $27.510 1.300.035 2,952 '~: 328 300.877 S 12.5-13.109 S222.700 S27.838 $75.827,422 $69.236.29¢) 2.145.258 1.282.599 2.100.447 2,816.377 612.121 1.780.614 941.683 763.066 83.992 76.990 $81.710.923 $75,955.936 $3.606.978 54.368.450 612.121 14.718.750 450.000 869.037 4.669.099 19.956.237 61.810 1.425.745 4.136.559 1.846.418 85.446 25.059.660 15.751,481 1.425.745 1.871.286 4,136,559 1,891,931 1.846.418 3,105.099 3.619.899 !.452.678 12.543.109 $12.543.109 137254 222.700 S222.700 27.838 27.838 $27.838 22.047.980 12252.756 4209~00 3.993.000 2,543.000 6200.000 1.000.000 1.000.000 273.158 14.773.462 9,660,988 77.041,824 55,999.69q $81.710.923 $75.955.936 Exhibit C- l Page 2 of 2 Exhibit C-2 Page I 0£2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16G 1 SPECI/'d. KEVF_,NUE FUNDS ('OMBININ¢i .qT..\TEM'ENT OF REVEN1.,"ES. EXT'ENDITURES AN'D CHANGES IN t-OR THE YEARS ENDED SEPTEMBER 30. 1998 AND 1097 Properl3. ~ a.xes Lntergovernmtmtal Interest Licenses. Permits and Fees Sale of Dis:net Propert? Refund o: Prior Yeats Expen&tures Leases Pn,. ate Donat:ons Other Total Rt". enues EXPENDIU 'R.ES Current Operaung Admimstranon OutreacL Construct:on and La,nd Management Operation~ and Maintenance Ecosy~em Restoration Water Resource Evaluation Planning Total Expenditures Revenues M EXcess of Eyq::~lldi t utes Operating J ransfers In Operating .transfers Out Capital Lea.*e Proceeds Total O't, her Financing Sources ~ L'ses* Revenues and O~her Financing Sources ~Uses~ In Excess of ('Le~ Than } Expenditures BEGINN'ING FU."N'D BALANCE CUNRJI. AIIVE EFFECT OF A CHANGE IN ACCOL .'NTING PRINC~LE BEGIN%'INC, iq,'N'D BAI,AN('i!. AS RESTA VED ENDING [-Z,."ND BALA.NCE &RMY :' I)I:P CORPS SAVE AQUA'HC AQUATIC OKEECItOBEE OUR PLAN'I PLANT BASllq SWI~! RIVERS CONTROl ('ONTROI. S83.956.220 2.004.970 57.211 3.779.787 278.336 282.856 21.950 278.589 30(: 566.409 40.100 60.240 S 2.778.333 4,474 3( 3 53.q'c, 432.327 10.651 19.50S 668. 183.019_._ - 157.23q Ol.112.09.0 5.652.130 2.8.12.o~3 5.751 2.810.536 '~ n ' %344.338 525.6S*, 8,*P,.2a, ~ S.075.578 258.929 2.529.042 42.337.366 625 461.214 6:1 ??. 12S 52 I. 1 (,8 16.261.319 217.771 979.402 2.212 98.775 i 367.528 79.910,314 2.355,762 ~:., I,I10,979 3.798.554 6.477.128 521.108 ~8.. 36. 178.1,192 il.201,776 ,~,,z'~'e,~//- 1,7ti,984 1.953.274 '" " 1.665.310 265.333 365.763 (2,676.192) (1.959.330) ~206.880, ~99236 ~_8~..6_~ !178.892~ (211.6461 (1.959.330) 265.333 158.883 ~282.362~ ~178.892~ 10.990.130 1.337.0-17 1.997.317 2.112.157 35.471.943 2.575.187 3.521.641 4.402.651 (21.201~ 13.098~ 35.450.742 2.572.089 3.521.6-11 4.a02.651 S46,440.872 $3.909.136 $~.518,958 $6.514.808 $ S I I I I I I ! I I I I I I I I I I I I I I' I I FLORID.\ PO~T P ,~. ORLANDO LiGi~: BELTWAY MIT1GA l"d ~N MITIGATION 13.567 WETLANDS NflTIGATION $ 650250 6.759,845 13.667 7.410.095 9.950 2.331 £'.x)- 12.281 74, i _' I 13.667 7.397.814 (74A.<t- :, (670... I , 113.667 668.398 1.750,736 IN'DIAN RIVER LAGOON RESTORATION 165,830 13.684 179,514 81.782 81.782 97.732 4.000 (2,314,616) (2.310.616) 7,458,8~4 1124,968 2.153 (2.923~ 670.55' 1,750,736 7.455.911 Sl,864,403 $12.543,109 124.968 $222.700 III-13 EVERGLADES CONTRIBUTIONS 1.45~ 1,05o IExhibi~ C-2 Page 2 of 2 2.505 25341 (81 25.333 $27,838 'I¢)1,\1 I q98 I ¢)t) 7 $89.210,462 576.335,062 16,040,137 12.852,320 5.424.934 5.037.133 7J)64.651 .1.O62,971 278.880 296,415 ~36,758 306,133 '28.6(il 313.5q0 1,050 2.5~ 340,258 1.606.262 2.505 120.625.740 IOl.803,286 · 1.905.34o 6,089.612 10.688,208 6,634,761 10.868.880 10.589.097 49,797.441 48.740,347 16.505,777 12.320,410 981.614 745.149 548,085 1,278,182 9.1,295.345 86.397.567 ~ ~ ¢ 26 33(,305 ...0. 15.405,719 2.30¢).a()6 1,819.602 (8.362,835) (19.924.522) 799,236 1,071.28~ (5.263,193) (17.033,631) 21.067.202 (1,627,912) 55.999.699 57,627,611 125.077) 55.97~.622 57,627.611 $77.041.824 $55.999,699 Exhibit ('. 3 Page ! o~; Taxes Imermwemmental SOUTH FLORIDA WATER MANAGEME?Cr DISTR1CF g'IATEMENT OF REVENUF. S, EXPENDrrURE8 AND CHANGES IN FUND BALANCE i ;o.'nses. Permi:s and Fees Sale of District Property. Retund of Prior Years Expenditure~ (' I o:al Revenues EXPk M)!TURES :ral:', e :al Management ~cratmg Total Financial Management Personal Sen'~ce~ OFerating Total Counsel Ente~nse Engineering Operaung Outlay total Enterprise Engineering }"t uslt: c ~i Resources Pc:¢,maJ Sen ices Operanng Cap:~l Omla> mai Business Resources rot,a/Administrative .Outreach Go~emment and Public Affairs Opera:rog Total Government and Public Affairs SPECIAL! '~N~rE OF, EECHOBEE BAS~ ~ EXPENSES A.,'D CI.L BL'DGE T AC 1~'..X~ ~ ~, 3.~3.678 2.~4.97o 2.g75.~0 3.779,787 : 215.~ 282.856 50,~0 278.5g9 ; 170.~0 566.40o . 70..~ Ig3.01t, 89.383369 9 I. I; 2.090 I. * 2$. 321 1230 1.230 " I ~30 1.230 285.623 283.586 2.037 " 686.523 2~.015 482.508 972.146 487.601 484.54q 67.900 59.968 7.032 46.682 43.380 3.203 114.582 103.357 I 1.225 182~531 162.060 20.471 2.~2.334 2.056.113 (53.779) 5,8~ 1.40q 4.395 2.~0.665 2.219.578 (28.913) 3278.623 2.810.536 468.087 Exhibit C.3 Page 3 of 3 kXl'i. ?,T)ITUKES SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL.REVENUE FUND OKEECHOBEE BASIN' STATENLENT OF REVENUES, EXPENDITURES AND CtL,\NGES IN FUND B/\I.ANCI-~ BUDGET AND ACTUAL FOR THE 'fEAR E~qDED SEPTEMBER 3¢,. 1998 VARIANCE FAVORABLE BUDGET ACT1.;AI~ (UNI"AVORAB LE Contingency Managerial Reserve Total Expenditures Revenues In Excess of fi. ess Than} Expenditures O~{ER FINANCING SOURCES CUSES~ Operating Transfers In ( ;perating Transfers Om CaF:i'ml Lease Proceeds I oral O,.her Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of(Less Than) Expenditures FL.'N1) BAL.KNCE AT BEGINNqNG OF YEAR CUMULATIVE EFFECT OF A CHANGE IN' ACCOUNTING PRINCIPLE FL'ND BALANCE AT BEGINNING OF YEAR. AS RESTATED FL%'D BALANCE AT END OF YEAR 853.025 109.154.172 i .776.753 (2.676.192) 402.000 1497.439) 35.471.943 35.as0.?a2 $15.182.900 79.910.314 11.201.776 1.665.310 a2.676.192~ 799.236 {211.646} 10.990.130 35.471,943 (21.201) 35.450.742 $46.440.872 853.025 20.243.858 30.072.179 ,111..143) 397.236 285.793 31.257.972 $31.257.972 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 SOUTH FLORIDA WATER MANAGEM~N'I' DISTRICT SPECIAL REV~"~'E FUND . BIO C~RESS BASIN STATEME~ OF Ia IN ~ BALANCE 'FOR 'r}~,.~ 30. 199S, BUDGET ACTI;M. RF\'i.?,I ~S Propc~ ,'~: Yaxes imcrgovemmental interest L~c~mses, Permits ~d Fees %ate of Distfi~ Prope~' 2e~ur;d o[ Prior Years To~! Re~mues EXPE Administrative VARIANCt' f'AVOR..\BLI. il ~NF $5.239.114 $5,25.1.2.12 %15.12,~ 57.211 57.211 ' 278.336 27,";.336 21.950 2 · iii. ] I RI Big C?press Basin Administration Personal Services Operating Caplta] Outlay Total Big Cypresa Basin ^dmini~mti Business Resources Operating Total Business Resources Total Administrative Sen'~ce Centers Personal Sen'ices Total Omreach Const."ucfion and Land .Managemen! Personal Sen'ices ¢Oerating Cap:tal Oullay Total Consu'uct~on and Land Management 5.239.114 <.~,52. I 3o 494 127342 572 1,005.471 901,671 77.000 1.984.142 109.854 109.854 2.093.996 184.845 10.335 63.749 258.929 122,610 122.610 3,604.182 7.769 7.760 250.061 44.810 63.749 358.620 I Exhibi! C~ Page I of 2 II LC, 2~ 55.023 1.392.265 50.142 1,497,430 12.756 12.756 1.~10.186 7.769 7.760 65.216 34.475 99.691 Continued Ex~hibit C'-4 Page: ol ' SOUTH FLORIDA WATER N1ANAGENIENT DISTRICT SPECIAL REVENUE FU.'ND BIG CYPRESS BAS;IN STATEM~EN'I' OF I~.VEN'UES. EXPF~N'DITI./'RES ANff) CHANGES iN FUND BAt. AN(]: BIJI~ET AND ACTUAL FOR THE YEAR ENDF..D SEPTEMBER 30. 1998 EXPkNDITL'RES Operations and Mainttmance Personal Sen'ices Total Operations and Maintenance Water Resource Evaluation Operating Total Water Resource Evaluation BUDGET 12.531 12.531 6.506 6,500 329.6.12 4.319.244 AC~CAI 625 62~ 2.212 2.212 2.355.7~,2 3296.377 t 1.059.330, i 1.959.3301 1.337.047 2.575.187 (3.098) 2.572.089 $3.909.136 VARIANCt- l'A\q )R/\B[.[' ~1 TN! ..\\'~ )RABI.I!; 1 11.906 .;.288 ;20.642 I);63.482 2.376.507 202.6"0 262.670 2.639.177 2.639,177 (. ogtlrlgen~..' Managerial Resen e Total Expenditures Revenues in Excess of(Less Than) on~ F~.~,,,.','CrNO SOt,XCES COSTS, 919.870 Operating Transfers l.n Operating Transfers Out (2.222.000~ Total Other Financing Sources (L'ses~ ~2~22.000~ Revenues and O'&er Financing Sources (Uses) In Excess of(Less Than) Expenditure~ (!.302,130~ FU,'ND BALANCE AT BEGI~,~G OF YEAR 2,57~,i87 CU.%fULATIVE EFFECT OF A CHANGE IN . AC COUNTI'NG PRD,'C~LE ~3.09g) FU~T) BALANCE .AT BEGIN,'NrNG OF YEAR. AS RESTATED 2.572.089 $1.269,959 FUND B.M. ANCE AT END OF YF_AR I I I I I I I I I I I I I I I I I I I '1 I I I I I I I I I I I I I I I I · ,.~ 16G SOUTH FLORIDA WATER. MANAGEMENT DISTRICT SPECIAL R~/ENUE FL~'D SURFACE WATER I~MPROV~.M~Wr A.ND bLad';AGEN[ENT ~SWIM) STATEMEN'r OF RE¥~NLT. S, EXPF~N'DrrURE$ AND CI-LadgGES 12g FUND BALANCE BL'I~ET AND ACTUAl. FOR THE YEAR E%'DED SEPTEMBER 30. 19q8 , R E '.'.:: NUE 5 BUDGET ACTUAl [mcrgo~ cmmentaI Re:und of Prior Yea:s Expenditures l,aS1 To'~l Revenues Exhibit C-5 EXPENDI'I~ S¢~ce Centers i ~perafin8 Total Orca'each Eco~-s:em Restoration Operating Total Ecosystem Restoralion Pla,~ning Operating Total Planning \'ARIANCE ~ UNF AVORABI.E ~ 10.65 i 2.778.000 2.8.12.o63 ~,.1 ?63 .54~4..99. 4.242.995 763.940 $525.68(, 525.680 21v.771 217.771 36'L528 367.528 1.110.97o 1.73!.984 265.333 265,333 1.997,317 3.521.641 $5.5 ! 8.958 Total Expenditures Revenues In Excess of(Less Than) Expenditur¢,t OTHER FLX;.a,NCING SOURCES (USES) Operating Transfers In Operating Transfen Out Tot~J O~er Financing Somces (Uses} Revenues and O~er Financing Sources (Uses) In Excess of(Less Than) Expenditures FUND BALANCE AT BEGLNNING OF YEAR FL,"ND BALANCE AT END OF YEAR 763.940 1.548275 1.548.275 6.555.210 ~3.777.210i 265.33 ~ 265.333 (3,511.877) 3,521.641 Eiil9 $_:.717315 3.717.315 546.169 546.169 I.I 80.747 1.180.747 5..144.23 I 5.509. 104 5.509.194 $5.509.194 Exhibit C-6 Page I of 2 [mcrgox ernm~nlal Lnteresl Refund of Prior Years Expenditures Leases Or.her SOUTH FLORIDA WATER blANAGEMENT DISTRICT SPECIAL REVEN%'E FLqqD SA%~E OUR KIVERS STATEMENT OF REVENUES. EXTENq)ITURES AND CtL&NGES IN [ L'ND BAI.AN£'E BUDGET AND ACTUAL FOR THE YEAR END~ SEPTEMBER 30. 1998 ~; BLq)GET ACTUAl. ~ ~' 2O0,000 Total .$4.474.303.. 432.327 19.598 668.361 157.230 \'ARIAN(.'t: FAVOBL.\B I.E ~ UNFAVORABI.F.~ $1.274.303 132.327 19.5q8 .168,361 lW.23q 3.700.000 1 E,'~'EN'DITL'RE S Business Resources Operatm~ ('apttal Outla~ 7otal Administrative Service Centers Personal Services ()peratmg Capital Outla.~ Total Outreach Construct;on and Land Manag~m~m Personal Services Capitol Outl~ Total Construction and Land Management Operations and Maintenance c~peratmg Total Operations and Maintenance Ecoa'stem Restorat;on Operating Total O~erafions and Maintenance Tota; Expenditures Revenues in Excess of(Less Than) Expenditures 26.200 7.090 33.290 248.339 894,741 104.900 1,452.268 535.246 3.631.346 648.598 648.598 6.000 6.000 5,567,214 ¢1.867.214~ 275.185 436.526 98.529 808.240 1.433.577 i.045.058 50.407 2.529.042 461,214 461214 3?98,554 1.953.274 3?.232 (24,8.16) 458.215 6.371 430.740 18.691 598.774 484.839 1.102.304 187.384 187.384 6,000 6.000 1.768.660 3,820.488 I I I I I I I I I l I I I I I I I I DISTRICT · SPECIAL REV~'NIJE FUND SAVE OUR RIVERS STATE~EENT OF REV'ENUES. EXPEN~ITLIRES AN'D C}IANGES IN FUND BALANCE BUIX~ET AND ACTUAL I FOR THE YEAR ENrDED SEPTEbfBER 30. 1998 Exhibit C-6 Page 2 of 2 BUDGET ACTUAL VARIANCF FAVORABLE ;NI'AVORAB LE I I OTteR F12q...LXCING SOL'RCES (L'SESt (~perating Transfers In Operating Transfers Out Total Other Financing Sources ('U.~) Re',,enues and Other Financing Sources In Excess of(Less Than) Expenditures FL ,'N~D B.aJ.ANCE AT BEGINNING OF YEAR Fb,'ND BALANCE AT EN'D OF YEAR 395.432 365.763 (310.000 ~ ¢ 206.880 ~ 85.432 158.883 (1.781.782) 2.112.157 4.402.651 4.402.651 $6.514.808 (29.66o 103.120 73.,151 3.893.9Y} $3.893.939 I I Exhibit C-7 SOUTH FLOR.IDA WATER MANAGEMENq- DISTRICT SPECIAL REVENUE FUN'D DEPAR'rMEN-r OF ENVIRONMENTAL PROTECTION - AQUATIC PLANT CONTROL STATEMENq' OF REVEN-0E$. £XPEND~S AND CHANGES IN FUND BALANCE SEPTEMBER 30. 1998 Bt'DGET 1 ACTUAl. S6,759,490 6.750,4o0 VARIANCE FAVORABI E I UNFAVOR.-M3LE ~ [ntergovernmentnl Total Revenues S7,649.380. 649 ($889.890) Operations and Maintenance Personal Sen'ices Operating Total Operations and Maintenance Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOL'RCES (USES} (Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing So~rces (Uses) In ExCess of(Less Than) Expenditures FUND B.M. ANCE AT BEGI~%'ING OF YEAR F-L~'D B,M.A.x,'CE AT END OF YEAR 522.816 6.81 .... 6 7.338.042 7.338.042 311338 p!i.338) f...~ 11.338) 241.630 6.235.408 6.477.128 6,477 128 282.362 (282.362) (282.3621 281.186 579.728 860.914 860.914 ~28.976) 28.976 28.976 $ 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 Intergovemmema! Total Reveaue~ soUTH MANAGEMENT DISTRICT ARMY CORPS OF ENG~S . AQUATIC PLANq' CONTROl STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BAI./\NCE BUDGET AND ACTUAl. FOR THE YEAR ENDED SEPTEMBF. R 30. 1998 Bt,T)GET $1.250.~5 1250.645 AC]-UAI S~O0.O00 \'ARIANCI I ..X x.'{ ii :N['AVORA BI.I: ~ ~: ;<P_~: XDI 7t.'_R_~b }pcrat:ons and Maintenance Personal Services Operazmg Total Operations ~nd Maintenance Total Expenditures Revenues In Excess of (Less Than) Expenditures 284.493 676.245 960.738 289.907 O/HER FINANCING SOL'RCES (USES) operating Transfers In Operating Transfers Out Tozal Other Finan~ng Sources CUm) Revenues and Olher Financ:ng Sources {'Uses) In Excess of(Less Than) Expenditures FL'N"D BALANCE AT BEGINLNING OF YEAR FUND BALANCE Al END OF Y'EAR 153.483 367.625 521.108 521.108 178.892 tl78.892) (178.892) ~$55C,645~ ~550.h45~ m.23 Exhibit C-I 131.010 308.620 41o.630 439.630 1111.015) 111,015 111.015 Exhibi! ('.5 REV'F NL'ES Interes: lotal Revenues EXTE N DI Y'k.~ SOUTH FLORIDA WATER MANAGE, lENT DISTRICI SPECIAL REVEN~E F'L~'D FOR ~ ~ ~ S~mER 30. AC VARIANCk I'AVORABI.E Il ;N['AVORABI.[i ) 156.987) 1.500 1.50O 20.00O 6.687 26.687 28.187 750 751) 20.000 26.687 27,437 750 74.012 (6.2371 {744.563) 6.237 f74,1.563 } 6.237 16711.551 ~ 668.398 ~.1~3 670.551 5 t oral Adm/mstralp.'e F. to>.', s:cm Restoration O;.cratmg (apt:al Outlay Total Ecosystem Restoration Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FiNANCLNG SOURCES fUSES) Operating Transfers In Operating Transfers Om Total Other Financing Sources Revenues and Other Financing Sources (Usesl In Exce,s of(Less 'Fna~ ) Expenditures t670.5511 668.398 2.153 670.551 FUND BAi~-MNCE AT BEGIN.'NING OF YEAR CL.~,il.'I.A FIVE EFFECT OF A CHANGE IN ACC OL ,%TLN'G PRINCIPLE FL,"ND BALANCE AT BEGLX.~'ING OF YEAR. AS RESTAT'ED FL.'ND B,\L.KNCE AT END OF YEAR I I I I I I I I I I I I I I I I I I I I I I I ;! 'l I 1 I I : I I I SOUTH FLOPdDA WATER.MANAGEMENT DISTRICT BUDGET A,',,'D ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 199g Total FL'.x'D BALANCE AT BEGtN~TNG OF YEAR FL'ND BAZANCE AT END OF YEAR BUDGET $ $1.750.736 AC F~/AI. $113.6a' I 13/,t,? 1.750.730 $1.864.403 VA R IA I'/sV¢}RAIH.h I (,rNl' A V{ }RABI. E ~ $113.667 113,667 $113.667 Exhibit C- 11 L~censes. Permits and Fees Tom! Rescues benice Cent~'. s Operatin~ Total Outreach SOUTH FLOR/DA WATER IVLA. NAGEMENT DISTRICT SPECIAL REVF_.Nq.,'E FL'ND WE~S MITIGATION STATEMF._~'I' OF REVENUES. EXPE2TDITURES A~D CHANGES IN FL."ND BALANCE BUIX~ET AND ACTUAL FOR 'r~ w.~ ~,a)~) sm'ma~ 30. 1~9s 2.606,079 6.759.84_, 2.606.07o 7.410 t 95 VAKIANCE FAVOKABLE {UNFAVORABLE) S650.250 4.153.766 4.804.016 10.560 9.950 610 10.560 9.950 610 onstruction and L~d Managemem Personal Ser,.i :.es Operating Capital Outlay Total Construction and Land Managemem Total Expenditures Revenues tn Excess of(1.ess Than) Expenditures OTHER FINANCING SOURCES (USES) C~erating Transfers in Operating Transfers Out Total Other Financing Sources Revenues and Other Financing Sources (Uses) In Execs of(I2ss Than) Exp~ditutes FL~'D BALANCE AT BEGI2~'ING OF YEAR C-'UMULATIVE EFFECT OF A CHANGE IN ACCOU.'NTING PRINCIPLE FU.'ND BALANCE A1 BEGIN,'NING OF AS RESTATED FU,~','D BALANCE AT END OF YEAR 30.000 231,800 300.000 572360 2.033,719 4,000 (2.35 !,079 } (2,347,079) (313360) 7.45S.834 (2.923) 7.455.911 ITL26 2.331 2.331 12~81 7.397.814 4.000 {2.314.6161 (2.310,616) 5,087,198 7.458,834 ~2.923) 7,455.911 $12.543.109 27.669 231.800 300.000 559.469 560,079 5,364.095 36.463 36.463 5.400,558 S5 400558 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 SOUTH FLORIDA WATER MANAGEN[ENT DISTRICT SPECIAL REVENUE FL'ND FNDIAN RIVER LAC-OON RESTORATION STATE.%fENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE :: BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTENfl3ER 30. 1998 ~ mergovemmental To~i Revenues BUDGET AC'FUAL SI 70.000 5165.830 13.684 170.000 179.514 Planning Operating Total Planning Total Expenditures Revenues tn Excess of(Less Tha~) Expenditures FL.'ND BALANCE AT BEGINNTNG OF YEAR FL.'ND BALANCE AT END OF YEAR Exhibit C-12 KI-27 VARIANCE FAVORABLE , UNTAVORABLE) {S4.1701 13.684 9.514 294.969 81.782 213.187 294.969 81.782 213.187 294.969 81.782 213.187 024.96% 97,732 222.701 124.968 124.968 ($1) $222.700 5222.701 Exhibit C-13 Interest Pn race Dona:ions To'al Revenues BALANCE AT BEGI?,,,'NI~'G OF YEAR CU.MUi_~TIVE EFFECT OF A CFL~,'GE IN ACCOL~'NTING PRINCIPLE FL.':','[) BALANCE AT BEGIN.'N'ING OF YEAR. AS RESTATED FUND BALANCE AT END OF YEAR SOUTH FLORIDA WATER MANAGEMENrT DISTR/CT EVEROLADES CONTRIBtmON$ STATEMt!~-r OF REVI!IN'UES, ~ ,.rl'JJR~ AND CHANGES IN FUND BALANCE MBE 30, 1998 s .tgx2__ET AC~'~. S - $1,45~ . · 2.-~oC · 25.341 25.34 I 25.333 25.333 ~ S27.83g a I I I I I I I I I I '1 SObq'H FLORIDA WATER MANAGE~N~T DISTRICT SPECIAL REVENUE FUND I~'TERMODAL SURFACE TRANSPORTATION ENHANCEMENT ACT STAYEME~-r OF RE'vT. NUES. EXPENDITURES A>rD C! L~NGES IN FL,,",:D BALANCF. BUDGET AND ACYUAL FOR THE YEAR F~\qDED SEPTEMBER 30. Intergovemmen',al Total Revenues Toml Oulxcach BUDGET $I .692.000 !.692.000 Total Expo~ditu~es Revenues In Excess of (Less Than) Expenditures O1-F~R FINANCING SOURCES (USES) Operating Transfers In O~eratmg Transfers Out To~l O~er F~nancing Sources ('Uses) Revenues and Other FinancLng Sources (Us~) In Excess of (Less Than) Expenditures FI.'N'D B.~LANCE AT BEGI2~.'N'[NG OF YEAR FI ,'ND B.-~.\'CE AT END OF YE. AR 1,692.000 1,692.000 1.692.000 AC'IlfAL Exhibit C-14 VARIANCE F/\VORABI.li ( UN[-AVORAI),LE ( $ 1.692.000 ) ~ 1.692.000 ) .692.000 .692.000 .692.000 I I I 16G 1 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 CAPITAL PROJECTS FUNDS Capital Projects Funds are maintained to account for financial resources to be used fi)r thc acquisititm construction of major capital facilities. : ,.~-!i; ' District Fund To account for cap]tM expenditures on projects associated with district-xv~de functions. }:immcing is prox ided through transfers from the General Fund. : Okeechobee Basin Fund To account for capital expenditures on projects benefiting the Basin, Financing is prox idcd thr{mgh transfers from the Okeechobee Basin Special Revenue Fund. Bi~ Cypress Basin Fund To account for capital expenditures on firing the Basin. Financing is prm ided thro,gh transfers from the Big Cypress Basin Special ReVefi~ Fund. ~a~ e Our Rivers Fund T,. account for capital expenditures for the purchase of sensitive water resource land and principal ;n:zrest payments en special obligation land acquisition bonds. Financing is provided through allocations :r~,m the Preserx'ation 2000 Trust Fund and a portion of (1) documentao' stamp tax revenues appropriated an2 allocated in the District's name and deposited in the Florida Water Management I.ands Trust Fuml administered by the State of Florida. (2) regulatory fines, and {3} interest earnings. !% erglades Trust Fund I,, account for capital expenditures to construct six storm water treatment areas to cleanse stormwatcr run- o.". from the Everglades Agricultural Area (EAA)through naturally occurring biological and physical pr,,cesses. Additional objectives include hydropefiod restoration and water supply. Financing is provided :hr-ugh a. 100 mill tax lex')', non-ad valorem assessments to property owners in the EAA. State and Federal CCrntributions. and interest earnings. Federal Emergency Management Agency Fund 'I',, account for capital expenditures on projects funded Fl,,rida Bay Fund :~4 !~" Te acc,rant for capital expenditures associated t~min~ of flows to Florida Bay. : the Federal Emergency Management Agency. a more natural quantity, distribution, and III-31 Exhibit D- l · Page 1 of 2 Cash and Inve,gments Accmmts Receivable Due F rom Other Governments Due From Other Funds O~her ~sets TOTAL ASSETS L [ L IAB FLITTEI Accounts P~'able Due lo O~,her Funds Due 'fo O',her Goverrzmenu Deferred Revenue TOTAL LIABILITIES Fund Balance. Rescued Encumbrances Fund Balance - Unreser,.ed Designated Subsequent Expenditures Undesignated TOTAL FUND BALANCE TOTAL LIABI1 ITI~$ ANrD FUND BALANCE SOUTH FLORIDA WATER MANAGE.~LENT DISTRIC1 CAPITAL PROJECTS FUNDS COMBf~q2qG BALANCE SHEET SEP~..MBER 30. 19911 AND 1997 OKEECItOBEE BIG CYPRESS DISTRICT '~ BASIN BASIN S5.062.972 $5.575.191 $6.264.161 20.661 7,.80. 84.284 ~~ $5.048.171 $6,348,445 $91,782 S171.612 $ 171.612 .2,13.960 2.056.456 1.596.000 1.100.000 1.419,000 4.752.445 2,647,891 2,001 .I03 4,991.85 ! 5.476.559 6.348.445 $$.648.17 ! S6.348,445 16a 1 SAVE OUR RI~,T, RS $101.177,338 25.012 166.85 I $101,370,101 $634,432 1.298 635.730 20,.109.821 27.128.144 53.196.406 100.734.371 $I01.370.101 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 t¥¥ERGL-Sd3ES TRUST FUN"D 3; 1~I.750.369 2a5.782 250.695 $116.824.003 $10.854.856 10,854.856 _8.74~.054 :4.758.397 2.468.696 105.969.147 S116.824.003 FEDERAL EMERGENCY MANAGEMENT AGENCY $187.898 529.329 $717.227 $1.386 S 1,386 FLORIDA BAY 56.880.246 92.482 S6,972.728 TOTAL 1998 1997 $239.898.175 S202.477.0.17 1.873.301 1.345.996 941.962 1.227.105 12.938.136 250.870 250.!75 $242.964.308 5218.238.459 S11,754.068 $12,000.021 163.487 1298 206.982 5.878.055 11,755.366 18.248,545 9.471 414,091 54.471.$53 20.468.656 124.181 315,481 109.597.648 66.014.429 582.189 6.243.156 67.139.441 113.506,829 715,841 6.972.728 231208,942 199.989,914 $717227 $6.972,728 $242.964.308 $218.238.459 1 Exhibit D- 1 Page 2 of 2 Exhibit D--" P~ge 1 of" · SOL'TH FLORIDA WATER MANAGEMENT DISTKICT CAPITAL PRO~'ECT$ HANDS COMBINING STATE..MI~IT OF REVI~qI.~$~I~lq'DITLIRES AND CHANGES 1N FUND BALANCE FOR THeE YEARS EI~DED'~gl~rrEMBleR 30. 1998 AND 1997 I I I I REVENUES Ad Valorem Propen) Taxes A~icuhu~al Privilege T~.xes Lqter~ox emmental lmeres: Sale of DiStract Propert2..' Refund ~,f Prior Year Expenditures Leases Other Total ReVerlues EXPENDITURES Cument Operating Administrative Outreach Construe'lion and Land Management Ecos.'. stem Restoration Planning Capital Outlay Debt SerxJce Prmz:pal Retirement Interest and Other Fiscal Chazges Total Expenditures Revenues In Excess of(Less Than) Expenditures OTHER FIN.&NCFNG SOURCES ('USES) Operaung Transfers Operating Transfers Out Proceeds of Bank Loan Total Other Financing Sources ('Uses) Revenues and Other Financing Sources (Uses) In Excess of(Less Than) Expenditures FUND BALANCE AT BEGINND4'G OF YEAR CU,'MULATTVE EFFECT OF A CHANGE IN ACCOUNTING PRINCIPLE FUND BALANCE AT BEGDINI~G OF YEAIL AS RESTATED FUND BAI..~NCE AT EN'D OF YEAR OKEECHOBEE BIG CYPRESS DISTRICT BASIN BASIN $ S $ 428.353 236.950 370.662 339.685 126.453 ~J}~ ] ~ 925.468 5'76.635 ~, 1.335 23~' 10.915 I79.599 4~?.642 3.681.887 223.301 729.'/10 3.694.13? 402.900 (636.394~. (2.768.669) 173.735 1.855,000 2.676. ] 92 1.959.330 (4.000) 3.518.131 5.373.131 2.676.192 1.955.330 4.736.737 (92A77) 2.129.065 255,114 5.569.036 4.219.380 255.114 5369.036 4.219,380 $4,991.g51 $5.476.559 S6.348.445 SAVE OUR RIVERS s 48,262.355 5.155.232 7,706 1.772 5.984 598.763 5.1.031.812 17.110 2.434.418 29.529.515 3.53O.OOO .1.336.097 39.847.140 14.184.672 2.166.870 (1.699,040) 467.830 14.652,502 86,068,190 13.679 86,081.869 S100.734.371 I I I I I I I I I I I I I I I[I-34 I I I I I I I I I I I I I EVE RGI.~d3E$ l-RUST FUND 526.850.865 12.163.732 22.200.748 7.930.000 8.013 20.009 57.150 69230.517 1,526.978 2.323.765 7,156.634 49,722,900 60.730.277 83OO.240 1.054,040 1.054.040 9.554.280 06,449.159 96,414.g67 $I05,969, I47 EM~RGENCY MANAGE~N~ AGENCY $ 962.535 96_.53 60.184 25.000 147.012 232.196 730.339 730.339 (14,498) (14,49g~= S715.84! FLORIDA BAY TO~'AL 1998 1997 526.850.865 S25.327.208 12.163.732 12.859.770 72.109.741 81.803.008 14.310.566 10.088.155 15.719 397.882 148.234 39.966 63.134 (~1.153 599.763 197.935 441.471 126261.754 131.355.077 912.276 (470,805) 7343,533 1.605.607 1.I02.i45 25.000 5.180.765 4.641.610 1'7,$46,OOl 7,372,585 83,802257 113,012.945 3,530,OO0 1,735,000 4.336.097 4.437.070 106.548.636 132.301.355 19,713,118 (946278) 9.711.432 28,356.667 (1,703.040) (9.538.7091 3.518.I31 11.526.523 I8.817.958 31.239.641 17.871.680 199.989.914 182.118.234 (20.613z ~.972,~8-~*~ $231,205,942 II1.35 182,1 ! 8,234 S199,989.914 1 Exhibit I)-2 Page 2 of 2 ~ ~'~ 16G SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PRO/ECTS FUND DISTRICT STATEMFNT OF REVENUES. EXPEND~S AND CHANGES IN FL.~D BAI.ANCE BUIX}ET AND ACTUAL FOR TH~ YEAR ~,'DED S£PTEMBER 30. 1o98 Intergovernmental Int~r~t BLTX]ET ACTUAL 25.000 25.000 3022.717 i.?a8.106 2.050.823 2.075.823 (2.075.823) $18,800 73.516 1.000 93.316 21.354 21.354 232.068 476.288 708.356 729.710 (636.394) 1.855,000 3.518,131 5.373.131 4,736,737 255,114 $4.991 851 1 VARIAN'CL FAVORABI.E i UNFAVORABL£) $18.800 73.516 1.000 93.316 3.616 3.616 70.619 1.271.818 1.342.467 1.346.113 1.439.429 3.518.131 3.518.131 4,957.560 S4957 560 Construction and Land Management Operating Capital Ouday Total Con.~tru~ion and Land Managemmat Total Expendi,'ures R~venu~s In Excess of(Less T'han) Expenditwes OTHER FINA~N'C1NG SOURCES (USES) Operating Transfers In Operating Transfers Proceeds of Bank Loan Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of(Less Than) Expenditures FUND BALANCE AT BEGLN'N'L~G OF YEAR FUND BALANCE AT END OF YEAR i.855,000 o I (220.823) 255.114 S34291 I I I I I I I I I I I I I I I I IU-36 I I I I I I I I I I I I I I SOUTH FLOI~DA WATE~ MANAGEMENT DISTPdCT O~OB~ BASffi STA~ OF ~~. ~~S ~ C[~GES i~ FUND BALAnCe= B~ ~ A~ B~ET AC~'AL $ 1.000 1.000 Interest R~:~nd of Prior Years Expenditures F~ei~ M~agemmt atm8 Ear.rise Engining ~tmg : Toul Ent~fise Engm~g C~ ~on ~d L~d Mmagem~t E~ I~ R~stora~on R~u~ In Exc~ of (L~ ~) Ex~di~ O~ ~&~C~'G SO~CES ~SES) g Tmsf~ ~ Re~u~ ~d ~ F~c~g So~c~ ~~CE AT BEG~O OF ~ 752 1.752 165.463 5.475.127 $428.353 370.662 126.453 925.468 1.000 1.0OO 335 335 1.335 10.915 2.345.833 2.356.748 1.336.054 1.336.054 3.694.137 (2.768.669) 2.676.192 2.676.192 (92,477) 5.569.036 5.640.590 258.979 1.387.263 i.646242 ?,288.$84 (7.288.584) 2,676.192 2.676.192 (4,612~92) ,. ,~,'c ,f, $956644 $5.476 559 Exhibit D-4 V:M~,IANCE FAVORABI.H { UNTA VORA B I.E } $428.353 370.662 126.453 {}25.468 417 417 417 154.548 3.129.294 3.283.842 258.O79 51.209 310.188 3.594,447 4,519.915 4.519,915 $4519 915 open Exhibit ;~" ~ :! ~' ~ SOUTH FLORIDA WATER. MANAGEMENT DISTPdCT CAPITAL PROJECTS FUND BIG CYPRESS BASIN' STATEMENT OF R. EVENUES. EXPENT)FrURES A.~D CHANGES IN Fi/ND BALANCI.. BUDGET ANT) ACTUA& FOR THE YEAR ENDED SEPTEMBER 30. 1998 VARIANCE FAVORAIII.E REX .BUDG£I ACTUAL { UNFAVORABLE $ .~ '. $236,950 $236 950 i 'rom Revenue~ 5~6.635 .~76 63~ Land Management 601.800 179.599 '~', '~ 4 ....OI 4.2....~,~o_2 2:3.3ol. 4.o21.6o~ Construct:on and Land Management 4.846.702 402.900 4.443.802 __tgerial Reser~ e 3O0.0O0 300.000 Re~' lotal Expenditures 3.146.702 402.900 4 743 80') lul~ ¢$ In Exces$ of(Le~$ Than) Exptmditures 173.735 5.320.437 ANCLNG SOURCES (USES) Ig Transfers In Transfers Out (262,670) J~er Financing Sources (Uses) Rcw L and Other Financing Sources (Uses) In E.~S_ s of CLess Than) Expenditures FU,'ND B~kN'CE AT BEGINNING OF YEAR FUND B~A~NCE AT ENT) OF YEAR 2.222.000 !.959330 -~,~(~'~'~'~'~'~'~. ¢4.O00) · 2.218.000 1.955.330 ¢262.6701 I (2,928.7021 2,129.065 5.057.767 9.380 4.219.380 ! ~ S6 348 445 $5 057 767 I I I I i I I I I SOUTH DISTKICT .... . , ~:~: CAPITAL PR0/ECTS FUND : SAVE OUR RIVERS STATEMI!NT OF REVENUES. EXp£~ITUR~s AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1998 Intergovemmemal Sale of District PropcrD. Refund of Prior Years Expenditures Leas~ ~ Total Revenues F'm~ Management Total Financial Management Bt/IX}ET S91375,000 1.5.,10.000 ACTUAL Exhibit I)-6 Page 1 of 2 VARIANCE FAVORABLE (UNFAVORABLE) 17.890 17.890 31.851 31.851 40.000 4O.000 17.110 17,110 06.851 Counsel Total Counsel Enterprise Engineering ~ To~al F~terpnse Engineering B usin~ss Resources Operating Total Business Resource~ Total Administrative :, 5,813,078 ~i,! 94.s22.399 Construction and Land Management cq~J O~ay ~To~] Construction and Land l~nagemmt 8e~ce Prind~al Retirement i?~ 3.~30.000 Inte~s~ md Other Fiscal Charges 4.336.097 Total Debt Service 7.866,097 Total Expenditm'es 102.295,347 R~v~ues I~ Excess of (Le~ Than) ~8itur~ I11-39 S48,262,355 (M 3.612.645 5.155,232 3.615,232 -.3'¢)fi 7.70~, I "~" 1.772 5.984 $.q84 598.763 598.763 54.031.812 (39.383.188~ 17.890 17.890 31,851 31,851 40.000 40.000 17.110 17.110 17.110 89.741 2,434,418 3.378,660 29.529.515 58.979.806 31.963.933 62.358.466 3,530,000 4.336,097 7,866,097 39,847,140 62.448.207 14.184.672 23.065.019 Continued SOUTH FLORIDA WATER MANAGEMENT DISTRICT I , c~rr~!~o~crs ~,~ fl STATEMENT OF 1LEVE2qlJF..~. ~l~lql)~ ~ CHANGES IN FU2~D BALANCE " AC1-CAL ~ !/NE AVORABLE ~ m OTHERFINANCEaG SOURCES (USES~ · ' ~g Transfers In ,,$6.6~ ..... I F L .'N'D BAL~"~C E ^ T B EG[N.'~'I~G OF YE.,kR g6.06g. ! 90 86.065., 90 ' I £ L .%K,~LA.T~'E EFFECT OF A CHANGE ACCOI.,.~.'TING PRINCIPLE 13.679 13.679 ~ I FL'ND BALANCE Al' BEGLN.'N'D~'G OF YEAR. AS ~ST^TED $6.0g 1.g69 86.081.869 - !.' :-':: ~ ~ , ! ! ! ! ! ! I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND EVERGLADES TRUST FUND STATEMENT OF REVElqUES. EXPENDrrtJRES AND CHANGES IN FUn'ND BALANCE BUDGET AND ACTUAL FOR 'HIE YEAR ENE)E~) SEI:rrEM~ER 30. 1998 R~~ Ad Valorem ProperS.' Taxes Total Re~'enues Financial .Managemem Personal Ser~qces To~d Financial blanagement Personal Ser~'ices Operating Total Counsel Business Resources Petsc~ Services Total Bus~ness R~sot~.es Total A~i~ve Conm~ ~d L~d P~ S~s C~ ~ay To~ Con~o~ ~d ~d Eco~'~ Restoration P~nal Se~ices Capi~ ~ ~ E~'~ R~oa BUDGET ACTUAL 89.137.127 82.796 50.699 133,495 144.459 1.181.266 1,325.725 31.905 2,495.809 · ' 933.21 i 1.685,477 47.553.218 50.171.906 1.833,909 15.155,948 65.022.748 82.012.605 S26.850.865 12.163.732 22.200,748 7,930,000 8,013 20,009 57,150 69.230.517 78.372 3.813 82.185 67.122 581.674 648.796 11,960 784.O37 795.997 1.526.978 928.965 1.394.800 10.472.402 12,796.167 1.725.947 5.430,687 39.250.498 46,407.132 1 Exhibit D-7 Page I of 2 VARIANCE I. AVORAB[.I( INFAVORABI.I( $333.264 (193.204) (24,736.7521 .1.605.000 8.013 2O.009 57.150 9.006.610) 4.424 46,886 51.310 77.337 599.592 676.929 19.945 220.647 240.592 968.831 4.246 290,677 37,080.816 37,375.739 107,962 9.725261 25.772250 35.605.473 Continued Page 2 of 2 SOUTll FLORIDA WATF, R MANAGEMENT DISTRICT CAPITAL PRO/ECTS FUND EVERGLADES TRUST FUND .qlATEMEN'r OF REVF,,.NI~S. EXPENDrI'uRES AN'D CHANGES IN FUND BALANCh BUIX~ET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1998 VARIANCE FAVORABLE BLT)GEl ACTUAl. ~UNI'AVORABIoE~ 15.388 73.965.431 54.(158.821 (960~ ~9601 Commgm~' Managerial Re~¢rx.¢ Total Expm~ Rev~ues ~ Excess of(L~ ~a) ~p~ O~R F~.~C~'G SOLACES ~g T~sf~ ~tmg Tr~sfe~ Toffi ~ Fm~c~g ~c~ ~) Rex'~u~ ~d ~er F~g ~c~ ~ Ex~ of ~s ~m) E~di~ ~ B~NCE AT BEG~G OF ~~ E~ OF A C~GE ACCOU~'G P~C~LE ~ B~CE AT BEG~G OF AS ~STA~D ~ B~NCE AT 15.388 , ':;~4 1~.695.708 (45.558.581 ~ .055.000 .055.000 · (44J03.$81) 96.449.159 (34292) 96.414.867 60.730.277 8.500.2.10 1.054.040 1.054.040 9.55.1.2q6 96.449.159 (34.2921 96.414.867 $105.969.147 54.057.861 $54.057.861 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 STAI'Ebfl~rf OF .. [nrc:governmental Total Rcvenue~ E XPEND[~URE S .kxecuti% e Office OTerating Capital Outlay Total Execuw.'e Office SOUTH FLOR/DA WATER MANAGEMEN'T DISTR/CT CAPITAL PROJECTS FUND AGENCY ~ F~ B~CE 30. 1998 ACTUAl. $96..53. 96~.53. $470.000 470.000 60.615 27.069 87.684 87.684 25.000 25.000 60,184 11.390 71.57a 71.57,1 25,000 25.000 135.622 135,622 232.196 730.339 (14.4981 Exhibil EL8 VARIANCI.: FAVORABLE rNFAVORABI.E} $492.535 492.535 431 15.679 16.ll0 16.110 I I 16.111 508.646 5508,646 Total Ad.,mm strative Serv;ce Cc-nlt'rs Operating Total Outxeach Constru~on and Land Maaagemen~ ~ ' Capital Ouda:,.' Total Construction and Land Manag~mt , Toul Expendinm~ Re~enue~ In Exce.~ of (Le~s Thru) Expenditures BALANCE AT BEGLN~I~'G OF YEAR FL.'ND B.,hLANCE AT END OF YEAR 623 248.307 221.693 I 14.498) ~S715 841 Ex~ibi~ D-9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND FLORIDA BAY STATEI~=NT OF ILEVENUES. EXPE.N~ITURES AND CHANGES IN FL.'ND BALtMNCE BUIK~ET ~ ACTUAL FOR THE YEAR Ei~'DED SEPTE.M~ER 30. 1998 Total Operations and .Maintenance Ecosystem Restoration Operating Total Ecosystem Res~oraion Planning Opera~ng Total Planning BUDGET S937.500 937.500 300.000 VARIANC'F. I FAVORABLE ACTUAL [UNFAVORABLE) ! S , $937.500} · 141.471 441,47 I 441.471 ~496.029~ I 689.367 689.367 222.909 222,909 912276 (470.805'1 7.443.533 1 300.000 I 300.000 1.371.188 1.371.188 I Total Expenditures Revenues In Excess of(Less Than) FUND BALANCE AT BEGINNING OF YEAR FL.'ND BALANCE AT E3~'D OF YEAR 2.060.555 2.060.555 1.000.0q~ 777.091 1.000.000 777.091 I 3.360.555 2.448.270 I (.2,423,055) 1.952250 7.443.533 I I I I REVENI ;ES Kd Valorem Proper? Taxes Agricultural Privilege T~xes Alligator All~' Excess Toll Revenues U.S. Departmem of the Interior [nlercs! Sale of Dismcl ?roperS. Rotund of Prior Years Expenditures Leases Total Revenues EXPE:;DITURES Everglades Construction project Program Manag~mm! STA 1 East STA I West STA 2 STA 3 4 STA 5 STA 6 Acquisition of Ivlitigatima Land Public U~ of STAs for Rt~-a'~alion 298 Districts and 715 Farms Imptovement~ Preliminary. D~ign ofEverglad~ Con.~'tm~o~ Rottnberg~r Restoration WCA-2A Hydrope, iod R~toratiun West WCA-3A Hydrop~'iod Restoration East WCA-3A Hydroperiod Resloration Northern L-$ Basin Impto,,'~ments Pro_~amn~fic Environmental Impact St~ement ProperS.' Appaiser and Txx Collector Fees A.~c~aJ Privilege Tax Support Total Expenditures Revenues In Excess of Expenditures OTHER FINANCING SOURCES (USES) From the Preservation 2000 Trust Fund From Florida Power & Light Mifigatiun Alligator Alley Excess Toll Revenues One-ha. If to Florida Bay Regoration Fund Total C)~her Financing Sources (Uses) Cumulagve Effect of a Change in Accouming Principle R~'enues and Other Financing Somces (uses la Excess of Expendiaa~ $OUTH FLORIDA WAT~R MANAGEMENT DISTRICT 16fi 1 SCI'II~D~ ;OURCE Ah,~D PROJECT ELF~MENT fg4~=': TRUST FUN'D SEPTEmbER 30, 19~8 ~:~: '~' FI SCAL IN C EPTION ~ YEAR TI IROt IGI! .SEPTEMBER 30. 1097 IO08 SEPTEMBER 30, 1098 $94.646,325 526.850.865 $121.4~7.19 38.764.610 12.163.732 ,0.9.8.34 .. 17.000,000 2.125.000 19.125.00~' 20.075.748 20.075.74g 13.684.563 7.930.000 21.614.563 248.545 8.013 256.55x 12.2q4 20,000 32363 ~0.64~ 57.15U 607.7~: 164,906.982 60.230.517 234.137.490 2,576.871 1.922.406 4.409,27 20.246.352 3,564.856 23.81120 24.285.926 16.469.978 40,755.90 ! 6278,968 17.907.497 34.186.46 19.598.772 6.665.375 26,264.14 15.828,371 11.583.437 27.411.80' 2.391.876 710.560 3.102.43 2.673 13.138 15.81 ' 182 I 8 430,984 010.603 1.341.58 844,787 844.78 392,246 392.24, ' 17.689 154,034 171.72~ 2.908 52,192 55.1 347 34 16.2'86 4.586 20.87._ 218.119 44.549 262,66',, 2.420.881 2.420.88 164.554 726.719 801.2'~: 105.718.445 60,730,277 166.448.72 59,188.537 8.500.240 67,688.77 31,760,622 1,054.040 32.814.66: 14.000.000 14,000,000 (8.5o0.ooo~ ~8.5oo.ooo) 37.260.622 1.054,040 38.314.662 (34.292) ~.34.292) $9 519 938 I 16G 1 GENERAL FIXED ACCOUNT GROUP General Fixed Assets are those fixed assets used in governmental fund type operations. These exclude assets accounted for tn a proprietary fund. To be classified as a fixed asset, a specific piece of property must possess the following attributes: (l) be tangible in nature. (2) have a life longer than one year. and (3) h;~ve a value of $.fi00 or more. ' ' ;, ~ III-46 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 SOUTH FLORIDA WATEI~IVlANAGEMEN'T DISTRICT 0EIq'EI1AL FIXE:D?:~ ACCOUl,,'r GROUP COMImARATIV~ $CI-{~DUI~ 0{~~ FIXED ASSETS BY SOURCE IOO8 Land Buildings Equipment Improvements Water Control Structm'es (.'onsn'u~ion In Process $550.782,220 36,940,105 76.833.834 10,208.010 414.825,194 60.937,641 ~534.004 fN'X: Bonds and Nines Capital Budgel Appro~riafiou State Programs Donations O~er Financing Unclassified - Fixed A~sets Acquired Prim' te 1991 S68374.622 303.975.197 411.639272 25,397201 26.360.199 314,787,513 SI.150.534,00-1 Exhibit E- I 16~ 1 ] 0,:17 5512.957,366 36,585.668 71.084,272 10.155.330 413.428.819 12.958.243 ~ 1,058,069.698__ $65.785.970 249.806.957 376.744.514 18.330.574 14.422.926 332.978.757 $1.058.069.698 U1-47 I I I 1 16G 1~ I I I I I GENERAL LONG-TERM LIABILITIES ACCOUNT GROUP I A self-balancing group of accouna ,-.~tablished to account for the unmatured portion of spccial obligation debt. coml~nsated ab.~n~ amd~long-term liabilities. I I I I I 1 I I I I I I SOUTH FLORIDA WATER DISTRICT GEI~'ERAL LONG-TERM LIABILITIES ACCOLrNT GROUP COMPARATI%'E BALANCE SHEET SEPTEM~BER ~30, 1998 AND 1997 Exhibit I:. I lbG 1 I ! G~'ERAL:ONG- _z-_- ~_..-,s C Land Acquisition Bonds Series 1993 (F_xhibit G-3) Sene~ 1995 (Exhibit G4) Series 1996 (Exhibit Condemnation and Other Claims Capital Leases Bank Loan Compensated Absence~ 1998 $124.067.769 S35.385,000 15505.000 32.655.~0 83.545.000 21.246.000 3.428.638 3.518,131 12.330.000 $124.067.769 1997 $113.949.721 $35.615.00o 16.795.000 34.665.000 87.075.000 13.692.300 1.672.221 11.510.000 $113.949.721 Exhibit F-2 DISTRICT ACCOUNT GROUP co.~.,aarr.-~ ~^m,m,"r ~~ii~ o~ ~o~-~m ~ms FOR ~ ~~'~~ 30. 1998 ~ I~7 1998 5113.049.721 1997 5124.069.121 Balances at Be~nning of Year Additions: Bank Lorn Compensated Absences Condemnation and Other Claims Capital Leases Total Additions 3.518.131 820.000 7.553.500 2.370.828 14,271.459 1.180.000 1.071,28o 2.251.289 Retirements of Land Acquisition Bonds: Series 1993 Series 1995 S~i~ 1996 Other Reductions: Capital Lease Payments Condemnation and 13~he~ Claims Total Reductions (230.000) 129O. OOO) (2,010.000) (623,411) t4.153.411) [220.000) (!.180.000} (335.000) (173,199) (I0.462.$00) (12.370.689) Balances a~ End of Year $124.067.769 S113.949,721 Ifl-52 I I I I I I I I I I I I I I I I I I I 1 PA'¥ .'MENT DATE 10 01 98 0~ 01 99 10 01 99 O4 0l '00 I0 01 00 0-1 01 01 I0 01 '01 04 01 02 I0 01 02 04 OI 03 i00l 03 c..d 0I 04 1001,04 04 01:05 10.01 ,'05 04 01'06 10~01 ,'06 O4,01 <07 10;01 ~07 04:01/08 10/01.08 04/01/09 I0/01.,'09 04/01/10 10:01/I0 04/01/I 1 lO/Ol/11 04,01 12 I0'01 12 O4/01:13 10:01 '13 O4/01 14 10,D1 14 04,01 '15 lO.Ol 15 TOTAL SOUTH FLOKIDA WATER MANAGEMENT DISTRIC'I GENERAL LONG-TERM LIABILITIES ACCOUNT GROUP SCHEDULE OF SPECIAL OBLIGATION LAND ACQUISITION BONDS A , ,*- ;, 30. 1998 INTEREST ~ PRINCIP/d. P. AYMENT ' "~ PA~ .'5,~NT $916.501 911.401 911.401 905.901 905.901 900.05 i 900.05 ! 893.841 893,841 887.144 887.144 880.064 880.064 8"/2.469 872.469 864....~ 864.144 411.993 41 i.993 316.706 316,706 216.563 216,563 111.037 111.037 $240.000 250.000 260,000 270.000 285.0¢)0 295.000 310.0o0 325.000 1.860.000 2.815.000 2.955.000 3,105.000 3275.00O 3.445.O0O 3.630.000 3.815.000 4.020.000 4.230.000 $23.911.593 $35.385.000 Exhibit F-3 16G PRINCIPAl. BALANCE OUTSTANDING $35.145,000 35.145.000 34.895.000 34.895.00{} 34.635.{}00 34.635.000 34.365,000 34.365.000 34.080.0()0 Yl.080.000 13.725.0()o 33,785.000 33.475.01')o 33.475.000 33.150.OO0 33.150.000 31 290.000 31.290.000 28.475.(')00 28.475.000 25.520.000 25.520.000 22.415.000 22,415.000 19.140.000 19.140.000 15.695.0O0 15.695.00O 12,065.000 12.065,0OO 8250.000 8,250.000 4.2930.000 4.230.000 Exhibit PA~ ,'MEN'[ DATE I0,01 98 04 01.99 10.01 99 0401 00 10 01 00 04,01 01 10'01.01 04 01,02 10'01.02 04'01/03 10/01;03 04,'01,04 I001,04 04,01.05 10/01,05 04,01,06 1001.06 'I'OTAd. DISTRICT GENERAL SCTW=DULE OF SPECIAL SERI~S 1995 AT SEP'rF2vIBER 30. 1998 [~'['ER.F~T PRINCIPAL PA~'T PAVemENT ACCOUNT GROL'P LAND ACOL'ISITION BON'I)S PRINCII'AI. BALANCE OUTSTANDING S356.095 328~23 328.523 299228 299228 260.958 260.958 219,332 219.331 20.625 20.625 51.345.000 ] .3o5.0oo 1.780.000 1.850.000 i.940.000 2.025.000 2.125.000 2.220.000 825.000 $14.160.00{I 14. ] 60.000 12.765.000 12.76¢.00¢) 10.085.000 10.98 ~ o. 13 ~.0o0 q.I 35,O(ffJ 7.195.000 7.195.000 5.170.0OO 5.170.00O 3.045.000 3.04 5.000 825,000 825.000 S3.369350 $15.505.000 III-54 I I I I I I I I I I I I I I I I I I I I I I SOUTH FLOtUDA WATEK ~L,XNAGEMENT DISTRIC] ~'euxt LOSC,.Ve~ u~mrms Accotm'r sc~Dut~ o~ sP£cua, oma~no,,a t~D ACOmsmos ~ SERIES 1996 AT~rI'i~CBER ~0. 1998 [:.xhi bfl F-~ PRINCIPAl. PAYMENT , IN'IliR~T PRINCIPAL BALANCE DATE PAYMENT PAY'MIENT OUTSTANDING 10'01 98 OaOl 99 10'01 99 lO Ol O0 0-10I Ol I0'01 Ol 0~01 02 I0'01 02 (~ Ol 03 10:01 '03 04,01 04 IF, 01 04 04 01 05 10'01 '05 04,01 06 10:01.06 04;01,07 I0/01,'07 0~01;05 10/01/08 04/01/09 10/01/09 04/01/10 IO/Ol/lO O,l~O 1 ,'I i I0/01 'I 1 OaO1 12 I0,01 12 Oa. Ol 13 I0.01 13 0401 14 10.01.14 04,01,15 10,O1 15 I I I I I 860.977 817.818 817.818 769.967 769,967 725.719 725.719 677,778 677.778 648.379 648.379 616.774 616.774 583.1.19 583.149 546.939 546.939 508.458 508.458 466.JgJ 466,39~ 421 373.484 321.'/86 321.786 266.15_· 266.155 206.$50 206.$50 141,750 141,'/50 SI 7.193.317 2,080,000 2.175,000 1,945,000 2.0.10.000 1 225.000 1.290.O00 1,345.(~)0 1.420.000 1.480.000 1.565,000 1.645,000 ! .740.000 1.830,000 1.935.000 2.0~5.000 2.170.000 2,295.000 2.430.000 $32.655.000 I I I I TOTAL 30.575.00h 30.57%0n0 28,400.1K)(I 28,400J)00 26,455.000 26.455.000 24.415.000 24.41 23. 190.Ot)O 23.190.0oo 2 21.900.000 20,555.~,~ 20,555Jg}0 19.135.Of)fl 19.135.000 17.655.~0 17.655.~0 16.~0.0~ 16.~0.~ 14.445.~ 14,~5.~ ! 2.705,~ 12.705.~ 10.875.0~ 10.875.000 8.940.~0 8.940.~0 6.805,000 6.895.~0 4.725.0~ 4.725.0~ 2.430.~ 2.430.~ 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I 16G ~CA~ S~c~o~ 1 I I I :SOUTH FLORIDA \X:ATER DEMOG~P~lc INDICATO~ FIFCAL ~'~ ENDED SE~MBER 3.~% 2.8% 2.1% 1 0.7% 0.0~ 1989 1~ 1~1 1~ 1~3 1~ 1~5 I~ 1~7 1~8 EXHIBIT C;- 1 ANNUAL % INCREASE IN POPULATION Source: Univcrsit? of Florida Bureau of Economic and Business Research Population growth during the 1990~ ha~ ~'~ than what was experienced in the 19808. This decline is due to a decrease in the number of individnab in ~U.$. population who typically move to Florida: people reaching retirement age and tho~ in their twenties. De~ite this moderate slowdown in population growth. South Florida continues to be one of the fastest growing areas in the United States. The slow growth in 1993. a 3'ear in which Miami-Dade county had a decrease in population by 31.785. can be attributed to Hurricane Andrev.. 1989 [ 1990 i1995 T 1996 1993 [ 1994 1.317.512! 1340.220 Count)' Bro~'~d · Charlone Collier M~arm- Dade Glades Hendry · H~ghlands Lee Marun Monroe Okeecholx'e * Orange · Osceola Palm Beach · Polk $~ Lucie Tot~ Annual 186.504 8.551 7.358 f 7,495 367.410 I 376.702 1.13.214 i 150.171 5.062.934 t 5,185.648 5.638,922 1,392.252 487 193,036 2.043.316 9.413 30.157 7.566 383.706 I 14,464 83.789 33.6~3 143.8,1.8 139.724 981.793 12.676 175.458 5.745.327 I.SOe~ * A mounts shown represent population only for the portion of the county within District boundaries. 210,095 30.308 30.364 119.370 I I I¥-1 EXHIBIT G-2 7O ~LORID.-\ \VATER MANAGEMENT DISTRICT FISC.~L YEAI~ ENDED SEPTEMBER 30 65 ! ANNUAL RAINFALL I 6O 55 - 50 Source: SFWMD " Meteorologist aS aO 35 3O 1989 1990 1991 1992 1993 1994~.1~$ 1996 1997 1998 [---"] Annual Rainfall ~ Normal Rainfall average of 52 inches. For the eurrenl fi~ai year rainfall w~ $1ightl¥ higher than the District's historical average. 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'~XIIIBIT ~; ; 16~ 1 UNEMPLOYMENT RATES ..\b-tr;g. t [ h~Tida II1:..'I1', ~ DJ.qrl¢ l m Flor,d:~ ~ I..'nJted ~hlle,. Thc D~smct. as a uhole, has experienced a cons~stentJx hmhcr unempJox mcnt rate tJlan boll1 }'Jr,rlda and tr,: I_ rated $tatg5 Alt. hough the D~stnct unemployment rate decreased m 19(~8. the t:ham.cs IH iht.' tmcmpJ,,x mcnl rare, '~armd from count,, to countx The raflge ofrates m 1998--from 2 I",, m Monroe c.mntx to IX J', m ficndr,. Erc,x~d. 51% , 55%. Charlotte! 48% ' 54% _ Cr,l.~er 45% ! 55% . :,h~m~-Dade 6 4% fi ?% . ( )kc~chobee ~ Oran,~e ~ Osccola ~ Palm Beach ~ Palk ~ .',: [.uc:e 9 ~'o 125% Dt~,tnct Avcrae¢ 6 5% ' 3% Honda .a. verac: : :.:'cJ Stare:, .-%eraae J,' Ir', [,'q EXH;}:?: , '.. Jh'd."lC,', ha', experienced stead~, pcs capita incom;: gro',gth ,'.ct Ibc Ich ~,.:.H 1,ci;,~l persona income per capita conslstcntl) exceeding thai of FJorida and the L'mlcd Stdk's ~VlJJll[l Iht' J)lMrb.'[ IJh' zount,v, hax e a higher personal income per capita th~ tl~'J~lerior counties The District', per c.',pm~ rate a ,~. < 2'-; in the latest >ear. State and national growth ral~s v,,er¢ 5. I q and 5.3q respccu', County Brov. ard Charlotte Collier ',ham~-Dade Glades .D~strlc' Honda Ay United Sta:es Avg 15.183 15.815 9.290 10.699 11.655 14.921_ 15,9_05' 15.6...~ 2'1..~40 I 24 706 '6 IO'~ 27.12~ 17.847 1[~.012_ 1~.977 20.539._.~.__21 .6.6.1 . .- 30.9~, ' I-.34(*' 19.26t~ 2( o14 21 12.87 13.354. ] 5.f~*' 14.'~9 ~4.22x ~ JIM.Vt 17.~)S 17.t~,o !- 174 ~ ":~ 23_ 1~.7_S'j~._ h;h and, _._; -:50. 1.1.2g0_ IS...3~--15.576~ 16.060 16.22t. lt,.'~.l Monr,~ L 16.~3 1'.820 ' .0.183; 21.~8 · ~kcecho~e~ I1.~; 12.419 1292[ Oran~e~ ~Sg~'l 164~I 1'1~, ..... rJ~eola ~ 13~216~ 13.613 1 4.361 1 4.7 12_ Beach ~6.~ 29322_ Polk ~ 1~8 ~3863 ! 14.06[ I.uc~e 12.'5' 14.~7 14.~3 15.181 16.9~I 18.1~ ~ 19.787; 20.917 16.640 1 18,07.4 30.42~, 31.02~, 32.230 ~;.51'~ ;¢,.05'7_ 3S.OS 15.6o6: 16.194 . It,.sss _.l.".sx4 15)91 15.766 15.773 16.4S; 1~.747 21.814 ~ 23.055 ~ 24.034 ' 25.546 19.797 21.655 I 23.031 24.108 t 20.8~ ~74.4 I I I I I I I I I I DEMOGICa. PHIC INDICA'rORS FISCAL Y -E~RS ENDED SFPlI:.,XIBER 3() F. Xt tlBIT G-5 1 ASSESSED VALUE OF TAXABLE PROPERTY Sources: County Property Appraisers 1990 1991 1992 1993 1~:J,4 1995 1~ 1997 1998 1999 Since ad valorem taxes represent the largest portion of revenue for the District, the trends in property value assessments are an important gauge of fiscal stability. For fiscal year 1999 the assessed value of taxable property greg by 6.68%. The slow growth in 1993 and 1994 was attributable to a decline in the reassessments of the value of commercial property due to high vacancy rates, coupled with property destruction of Hurricane Andrew in 1992. Assessed value for each fiscal year represents the assessed value as of January I si of the prior calendar year. For exarnple, FY 1999 represents the assessed value as of January 1, 1998. IV-$ % I0- Sol-r}! FI.()RII) ~ \V.\TF~R ,1! \N.\¢;FLMHNT ])I.4'I'R/CT )I:.,I£~,IL~PHIC 1Nl)l~ ..\'1 (.~R.- }:I3c..-~L h'E SEPI'FMBI .R 1989 i(~0 1591 1~02 1993 1994 1595~: 1996 [*h~. 3,§q increase ill the asr~ assessed property 5.063 i 5.186 I PopulJ:I.m ~Thot:, j nd -, 1597 I~ 16~ 1 I ASSESSED PROPERTY VALUE PER CAPITA Incre,~ ,c tn 1998 over the t997 level indicmcs th;~t thc for 1998. This indicator measure~, thc 1991 1994 ASSESSED PROPERTY VALUE SI~,5.o-0 $205.62~ S225.192 $36.55 1995 199t, 199~ I q~;,~ 5.639. i.745, 5..~5"i 5.q74 S39.650 $42_537 I I I I I I I I I I I I I I I I I SOUTH I-;X1 tlBIT G-7 DEblOGRAPHIC INDICATORS l'~qc - -- AS~S-~ TAXABLE Ioq,- ~ PROPERTy VALUE " -- CHANGES BY 8q~. ~-- COMPONENT ~ ~':.i~iili ~ I I~1 I ILI Sources: S~VMI) 4~,' ~[~~g Budget Office [] Net Additions -4%- ~-- 1990 1991 1992 199~ 1994 1~95 1996 1997 1998 1999 Because ad valorem rexes represent a substantial share of the District's revenue, changes in property value arc important to assess. The growth in Ixoperty values within the District is attributable to a mix of new construction and additions and reassessment of existing propertT. Net new additions, which are a measure of business activity. represented increases in assessed value of 2.81't, an~ 3.09% for fiscal years 1998 and 1999. respectively. Reassessments. which can be an indicator of taxpayer~ continued ability to pay property taxes, accounted for increases in assessed value of 3.18% and 3.5~ for the same two year period. Reassessment Of ExisUng Property ( I ) Represents new construction, additions to structures, annexations. &annexations. and other adjustments. ' Assessed value for each fiscal year represents the assessed value as of January I st of the prior calendar year. For example. FY 1999 represents the assessed value as of January I. 1998. IV-7 25- 20- 5- FISCAL' IBER 30 um~ of Employees! 1.289 1.332 1.425 EMPLOYEES PER 100,000 POPULATION paralleled the District's population growth over the ten ~ploy~$ is more closely correlated 1o the expanding / i ----------- ~ 5.745.327 q 8~;6 678 I I I I I I I I I i I I I I I I I I I SOUT RIDA \~:ATER ~ L~NAGEMF_NVI' DISTRIC~ I I I I I I I I I I REVF. NUE INDICATORS FISC.M. YEL&IL'; ENDED SEPTEMBt'~R 3c, EXHIBIT H- I 16a 1 $10 GOVERNMENTAL FUNDS REVENUES 'PER CAPITA Sources: Audited Financial Statements. University of Florida Bureau of Economic and Business Research. [] Other Revenues [] Property Tax Revenues 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 The growth in revenues per capita through 1992 was attributable in part to the growth in intergovernmental revenues, a'non-propeny tax source, which resulted from expanded responsibilities as a result of legislative mandates and delegation from the State of Florida. In 1994 ad val°rem tax revenues increased due to the millage increase for Everglades.restoration. The property tax increase in 1995 - 1997 resulted primarily from an increase in assessed valuations and a 1997 increase in ad valorem millage rate~ for alternate water supply projects. % [ncrea$e (Decrease) PopulaUon PER CAPITA R.E-VENLf£S Properv.- Tax Revcnue,~ $19~ Total ~ EXHIBIT H-2 ~('ATER ~IANAGEMENT DISTRICT I FISCAL YEARS ENDED SEPTEMBER 30 ' 250. 50- 1989 199~ 1991 l[~J~ 19'93 1994 1995 l~J~ 1997 1998 GOVERNMENTAL FUNDS REVENUES BY SOURCE r-I Other I Permits [] Interest El Intergovernmental l-I Property Taxes I I I I I I Although property taxes continue to comprise the largest share of revenues, its percentage of total revenue has dropped from 76.9% in 1989 to 62.5% in 1998. The significant increase in intergovernmental revenues, which expanded from a iow of 14.2% in 1989 to 30.0~; in 1997 is due in part to funding for expanded functions assigned the District. In 1992 and 1993. the District received substantial revenues from Florida Power & Light for water quality improvement projects. The receipt of these funds caused the sharp increase in other revenue for t~ese two years. ' I I I I I I I I I I I S, ,' '-I'It FI.ORID.k \'('ATER MANAGEMENT Db-H~T ' I I I I I I I I I I I I I I I I I I :22'~i -' ':~I PROPERTY ~ ~ TAX ~1~4, REVENUES 525 , I(XIlll{II ! I ', ) F.I.) SEI' II-SIBf .R l()x() l't(}~) I(X)I 1992 1 cZ.)3 1994 I (.~;)5 1 ~x)(', 190' Ad ,.alorem propert) taxes comprise the largest re'.'enue source for the I)lstnct. From l')Su source declined in proportion lo total revenues. In 1994. ad valorem propert5 taxes increased a, re,.enues due to the increased millage rate neces.~D' for berglades restoration. In addition, thc l)~str,ct bcga, an agricultural pri¥ilege tax for Everglades re.~m'ation in 1995 ~-hich substantially incrcasrd m.xes from agricultural lands leach counties. 46- 5X ~ 5.59 3.18' ~_.~8~ $33.314 ; ?,6.5S.1 : (, ;' 25 :r 2.(,(,( ~ ?.r,(,.; ', ' ~ ' 1~ I x') 221 .... '? .'.<.' ";t. 1 '..5":' ', ~.~P',, : ~.';:; ~ 4.__. 4.44~ 5,hl I ~.~(,5 , - b..51 ' L(,-~ 5.~3 i(,.',1() 2.'14 2.94~ 3.42~ L-~3 4,19u .),6,. 43,~I 48.296 ~ 313)45 221 233 i 254 2~4 ~ 4,46~ 4.69~; 5,4 ] ') $191314 1,6 : '" ~ ~(' 1 t5 1¢,1 '2,5 - -- ' ~,.~2', o.--3 ?.'F*5 3335 3.821 3,8-~ 3.I43 i 3.4-'8 1.6(h; 1,760 2(5~8 ! -o l" L'SS $96.826 '~.46Y, 190 2345 26.954) 21()' · ( &'v.. Beach · P. lk 3: Luc:e Total · \ ?.,o~rltS 'the county ~lthm D:smct bt~undane~ EXHIBIT H-4 I~LORIDA WATER MAN^GEMENT DISTRICT REVENUE INDICATORS l FISCAL YF_.{RS ENDED SEPTEMBER 3(, i 00%. I 9oo,. PROPERTY TAX 80%. REVENUES I 7o,~,. PRINCIPAL ~o%. COUNTY I $0%. TAXPAYERS 40%. [] l)ade I 30%. [] Broward 2O%. · Palm Beach T 0o/,. mOther I 0% 1989 1990 199! 1992. 1995 1996 1997 1998 I Palm Beach. Broward, and Dade counties have Consistently generated the greater portion of property tax revenues over the ten year period, comprising 70% of total tax revenues in 1998. but declining from 73~ in i989. Palm Beach count)' now pays the second largest amount and percentage of taxes, primarily due to thc levy of agricultural privilege taxes beginning in FY 1995. County, Property. Tax Revenue Colk'cfion's (Thousands) I Percent of To'al Propern.' Tax Revenue 1989 1998 i 1989 1998 Bro~ard $20,950 $40,376 21.63% 19.24% * Charlotte 28 39 .03% 0.02% Colher 3,801 10,630 3.92% 5.07% NLiaxu Da& .'9,102 55,367 I 30-05°''° 26.39% Glades 150 2238 .15% 0.11 ~'~ ltendrv 465 2,732 .48% 1.30% ° Highlands 105 260 . I 1% O. 12°'0 Lee 6,735 14,990 6.96% 7.14% Martin ZIM2 $,9Z3 2.94% [ 2.82% Monroe 2,392 5,322 2.47% 2.54°,'o ' Okeechobee 303 ' 556 .31% 0.27% * Orange 4,741 12,433 4.90% 5.930,'0 * Osceola 1,609 4,190 1.66°./o 2.00% Palm Beach 20,678 51,045 21.36"/0 24.33% i ' Polk t 170 288 .18% 0.14°:0 .... St Lucie,[ ~755 5,419 I 2.85'!'o 2.58% Amounts shown represent property, taxes only for the portion of the county g-ithm D:stnct boundane~ I I I I I I I I I I IV-12 I SOl 'tH FLORIDA \'CATER ~L~NAGE.\tENvr DISTRICT I I I I I I I I I I I I I I I I I I 1988 ~ 989 The maximum District of 2.;3 n~lls in 1994 toahi (J.35 }- ~25 ~ {)5 1990 1991 1~J2 )ICATORS SEFTEMBER 30 ]:.XHIBIT } I- 5 1 !~3 1994 1995 1996 1997 DISTRICT PROPERTY TAX RATE r-'~Tax Rate Lc,.'~cd ~ Maximum Rate mills Since 1988. The actual rate has varied from a 1o~ Mills ~ 1993 District Tax Rate Levied 0.248 FISCAl ¥1.2.~ RS -, ~ ~ ~ - TAX RATES ~ MaxImum ~ecclw~c Basin inc~ased. I I I I i I I I I I ! I I I I I .%, )I;Ttl FI.ORIDA \'CATER l~L%NAG 1991 FISC:sL SEPTEMBER I"XI [IIWI' 16b i 1992 1993 1994 1995 1996 1997 1998 Ireturn that is higher than the benchmark INVESTMENT YIELDS [] Distnct Y~eld --Benchmark SBA~Y,eld This table shou, s thc rate of rellim on investments managed b~ the DJstricl After intere'~t rate~ '.'radualh dechned from 1989 through 1994. the interest rates and interest revenue increased substantialh, in fisc;,l year 190( The :omparison of District rates with the benchmark yieltI indicates thai the District has ~,eneralh. rece~ed a rate (,f I I I I I I 19q4 ' 199~ i I(Y)6 lU')7 I.~,~;F_.STMENT YIELD ", Int~ Incom~ ~stnct Ax IN%'F~[EN~ BA~NC~ (MILLIONS] DI~RI~ AN~ BENCllMARK (SBA) COMPARISONS SBA .Annual Average Rate (2) j 7 ln%~ 3 67~ x 7~ T 5 51% s e ~ ~ne ~sm~ ~mgs ~'er Bcnc~k (3) S~74 ~ ~ i. D~s nol include :merest e~:ngs on the ~r Ma~gement ~nds Trust Fund and the Prese~at~on 2(~ TtuM }.und ~2~ B~d on ~e ax erage }mid for ~e ~on~ l~al ~v~nt S~lus Funds Trust Fund tlc.. SBA ~ml }. ~ 3~ D~smct ~ings ~ Be~b~ = ~] ~ Molly Investment Balance" tim~ ~e "Rate IV. 15 EXIIIBIT I-1 ~OU~ FLORIDA \X:.~TER MANAGEMENT DISTRICT EXPF~, DITURE 1NDICATORS 16~ FISCAL YEARS ENDED SEPTF..',H3ER ~,, s-~.~-l S5~l $35 S3O-~ S25 - EXPENDITURES PER CAPITA .<ource~: .\udltcd }'manclal Statements, L'mverqt:' of Flonda Bureau of Econorruc and Business Research S2o- SIS- SI0- [] Capital Outlay S5- l~l Operating. Nlgmt & I)eN Service SO 1989 1990 1991 1999. 1993 1994 1995 1996 1997 1998 The increase m per capita expenditures over the last ten years was largely thc result of ~ncreascd capttal expend:nares for acqmsmons of environmentally sensitive lands and replacement of an aging flood control tn frastrucnare. Ex~£:,,rDrr~ams (T~oUS~DS) Op<..raung. Mgmt & Dcb~ .";,em-me Cap:tal Outiay · ~ laC,t'~lf,,~ 83.802 Pop,,l,uon ,q'ho~sands) % Increase EXPENDITURES PER CAPITA Operating.. M~.wnt & Debt Ser.'tce ~ $25 18 } Cap:t~ C)uda;' ~ 2 '-: ~ 'l';tal 'S23 52 $2652 $34 26531,90 $2- 95 ~ IV-16 I I I I I I I I I I I I I I I I I I I rD.', W^TER ! ---- -- ~ -- EXPE~I~ ~~ -- MAJOR OBJECT ~ ~ Sources: Audited Financial ~ ~ '~ 1 Statements . -- ~' /, l 1989 l~ 1~1 1~ 1~ I~ inc~c in total ex~ndim~s during thc last six ye~s is mainh' due to an increase in capital outlay ex.nd Ex~ndimres for debt ~ice hav~ remained steady, while o~rating and management ex~nditures have im during the ~n veto shorn hem. J 9 I~.0~ l~.0q EX.H[B FLORIDA \V~TER 3,[ANAGEMENT DISTRI_.____~_~ EXPENDITURE INDICATORS FISCAL YF_-~RS ENDED SEPTEMBER 30 EXPENDITURES BY FUNCTION S200- $150' S100- $5O' S0 1 Debt Service [] Capital Outhy [] Resource Phnning 8: Evahation · Operations & Maintenance Q Regulation f'{ Construction & Land Management 71 Outreach [] Admmistra tire 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 The increased expenditure level over the past decade reflects the increased v,'orkload resulting from .additional responsibilities deJega~l to the District Fluclllatiot~$ {n total expenditures are due mainly' to thc variations ,n the level of capital outlay expenditures. · - IV-18 I I I I I I I I I I I I I I I I I I I SOLm__..._&~ EXtlIBITJ-I !'°- 16r 1 FISCAL Y~,A~ ~ SEPTENFBER 30 0- 1990 1991 1992 1993 1994 1995 1996 1997 1998 ratio indicates ability to m~-t mn'~ntlYmatnring obligations utilizing current assets. The current ratio of at Sq~t~mb~r 30. 1998 indicates that the Diarist ha~ mor~ than sufficient cash and future cash item-q availabi~ current obligations. The incr~ from 1993 through 1995 resulted from a significant reduction in current I (:un Current $~ ~ FLORID.~ \'~'ATER ,MANAGEMENT DrSTRICT EXHIBI' OPER--,TING INDICATORS ] R~ 1 FISCAL YE. ARS ENDED SEPTEMBER 30 .. NET DEBT $~4 PER $12 CAPITA S 10 ':~ ''~'' I~ net debt per capita ~ an indicator of debt burden. The debt burden dechned t'rom 1')88 t,, I)9_'" 'i'}~c mcreases~1993 and 1995 resulted from the refirmncing (at lower interest rates~ of the 1986 bonds and thc ,ncrease m 1996 resd~d from the ~ssuance of adchtionfl Land Acquisition Bonds. Although the net debt per capita increased to ~1,,:5;4r. 5 m' w~sw~l~`thmth~cce~tab~b~undanc~f~5~pe~ta~b`~theD~mct.s~rtr.`?~i~..~nd [~ c Thousands Outstanding Less Service I Net ig I Population 5.533 I 5.639 t Per Capita S15.45 514.87 I I ,,,,?.0/_ ~.~, ~ I ,bx],t',' t~Pav ~e outsund,ng debt obbpnon from p,ope~, t~es, a malor revenue sourer.. I I ~d~lue 026~ I 021% 033% t 1~31% (129o/; I 1 IV-~I EXH I B IT J.-4 5c} - 5c; - OPERATING INDICATORS FISCAl YEARS ENDED SEIrrEMBER 30 I A \~..R .MANAGEMENT DISTRI 16~ 1 RATIO OF DEBT SERVICE TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES I I I I I I I I 1%¸ 19119 1990 1991 1992 I~ 1994 1~9~ 1996 1997 1998 ( . · This ratio measures the armual debt aervice req~t in relation to expenditures. Dunng thc last ten years, thJs ratio dechned from 5.19% to 1.71%. The Di~tdc~ $bin~pler~$asmd FinancialManage~ent lurers tl~s raUo to no tm, re than 15%. The D,smet's ratios indicate that debt aetvJ~ doe~!lot comprise a major pot'non of total general governmental expend:tufts. Maior bond rating agencies continue t°~ top"~tings to debt of the District. D£m' S£RV~C£ CTHOUSA.%rDS) :'~n---~"~2~ $215 S6.172 $7866 Total ExpenchruR. s RATIO OF DE~r S£RVIC~ TO TOTAL GENI~RAL ~JOI,~R.~rM£N-I'AL EXPENDITURES ?.aao i 4-4°0 4.59%~,.,_ ~-,o ........... ~ -~ I 'l°e 3 80~.~ 441% (1) Excludes retlnanCmg/defeasance. A principal payrtmat orS1,115,000 was included m the 1996 refinancing. (2) Excludes bond issuance and othe~ cost~ i; ~';{;~. ' Includes general and ,pecial ~ fua~la ~ :, I I I I I I I I I I I I I I I I I I I I I I I bc ~[' · i! FI.ORID.~, \'('.VII:.R MAN. G ~MENT I,iXI IIBIT I-:~ 16[~ 1 1989 1~) 19~1 1992 1993 1994 1995 1996 19<)7 DEBT TO CAPITAL ASSET RATIO 'l'}us mchcator ,,!-debt management measmes the amount of debt outstanding m ratio :,, capital ,,"'ct:,,,: ,hown. the rano declined from 9.26% m I989 to 6.49% m 1995. In 1996. the issuance .f l.and cau,( .: ~e ~ m mcrea~ ~e ~ct'~ ~t~ ~e debt to capital max:::', :m of~ 0. ! ! I I I I I EXHIBIT WOR. KI~A;~ICATORS FISCAL YF..AR$ ENDI~ $£1ri'EMBER 30 X.~'. X 'A 'MENT DIS'I'RI T PERMIT APPLICATIONS RECEIVED Source: SFWMD Regulation Department I I I I [] SWIM & Everglades Works Of The DtStrict 121 Consumptive Use 0 ~ Environmental Resource 1989 1990 1991 1992 1993 1994 1993' 1996 1997 1998 The regulatory permitting function, which promotes the conservation and proper use of surface and ground water, has expanded at the District. In 1989. the District instituted a user fee to recover the cost of processing applications. The number of permit applications issued during the last ten years ranged from a Iow of 1.879 in 1996 to a high of 2.739 in 1989. Permit Applications Received Consumption Use [ 1~~7- ~;Tal ~i ,,.,' .,~ _ _ ~-', ,a/ Io/ol )~JI 367~ 70~ SWIM & Everglades Works Of The District 16 Total ApplicationsReceived 2.739 2~67 2m~ 1,879 2.031: 2..4 I I I I I I I I I I I I I I EXHIBIT K-2 WORKLOAD INDICATORS FISCAL Y~ ENDED SE~MBER 30 ~ _ . 2___ _ ] WATER MOVED 4.~ ~BY DISTRICT PUMP 3~ ~~ I STA~ONS I ~_~ i 19~ 1~ 1~1 1~2 1~3 :':~;~ i9~ '~'~ 1~5 19~ 1~7 1998 ~e amount of water mov~ by ~ag ati~~ ~a ~a ~ amount of rainfall ~ceiv~ (~e exhibit H-2). The no~al amount of wat~ ~m~ in a y~ is 1~,~ ~ f~. ~fing ~e ~ought ye~ the amount of water pureed w~ I~ ~ no~. ~ ~ ~ ~ ~ d~t ~ 1~!, ~e ~nual amount of water pum~d has ~n . ~ Moved By ~p S~ I EXHIBIT WORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 3O S35 S15 $5 ~$5) ~S15) 1989 1990 1991 1992 1993 1994 1995.1996 1997 1998 S30 S20 S15 SI0 $5 WATER MANAGEMENT LANDS TRUST FUND ACTIVITY Source: Florida Department of Fnx ir(mmental Protection r---'n D~Sbursernents -""-Bahnce at Year End The Water Management Lands Trust Fund, established in 1981 by the State of Florida. provides funding for acquisition, management and maintenance of environmentally sensitive lands. The major source of funding is provided by a portion of the documentary stamp excise tax collected by the State. Other sources include interest income and civil penalties. The annual additions have remained relatively constant over the years, while the annual disbursements have fluctuated depending on the size and number of major land purchases occurring in a year. Doc~.menta,-'v Stamps I 11 891 ...... ; .... l.,= , 17,8 r Total Ackhnons 19 80 Land Acqmsiuon~ ~ S?4) 0,2.84)~ (2..661) (4,1M) (8,641) (1,680) .Xt~mtenance I ~i '131) (823) (2.000) (1,.$58) (1,~ ~,426) ((7,929) intergovernmental ~ ~' t~'720) (4,329) O (I) (17) (15) 07) (33) Total D,sb~eats (11.540) (6337) (21,611} (20,fi$3) . ,115)-- (9~97) (9,772) (20,309) (13,980) E.:.ch..~g Balance $23,231 IV-26 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 SO~ f'f{ FI.ORID..% \'(:~TER ~ ~NAGE~ ENT DISTRI EXIHBFF K .~ \~7ORKI.OAD INDIC..VFORS FI.<CAL YEARS ENDED SEPTEMBER 3o S70 16S 1 PRESERVATION 2000 TRUST FUND ACTIVITY 52O $5O 5,0 ,$20~ S2o Source: Florida Dcpartmen! cfi Environmenlal Protection ~ Additkms [2222 Drsburscmcnts "'""'--Balance at Year lind Ss0) So 1991 1992 1993 1994 1995 1996 1997 1998 The Preservation 2000 Trust Fund. established in 1991 by the State of Florida. provides funding lor the purchase of water management lands and lands nea:erk~mty to implement surface aater improvement and management plans as set forth in the District's five-year land acquisition plan. The major source of funding is provided by an alloc.,uon of the monies received from the sale of Stat~ r~u~ bonds. The District received an increased allocation ;f bo~d pr~eed, s in 1996 for land purchase, for, theE~ E.tst Coa,t Buffer $i--- .o,, ....... rust t'una nas oeen the lundin,,, ~ouree t~,,~ ;~~7..Z . . -,-; ~. :,.~. tne rresen'ation zuuu .............. '~"uu'l~ ~ ~~ ,:~slZi~'s land acqui4fions. r TRUST FUND ADDITIONS '[ I I Bond Proceeds /merest Ir. come Total Ad&nons ~~, $4:',i~ S24.114 S550 ' TRUST FUND DISBURSEMENTS $23.604 S2.376 S25,980 [ l.and Acquisiuons i $0 (S10058~ t~') ~r,n'. ,,~a --.oo, ~ ........ ~rb~age Rebate ~ J q~'~S ~ ~' ~ ,, --- o,, a,) ~,, - I ~, ~ En~g B~nce I $28.366 m.479 S69m~a~,, I ~:' ~r ! ~ ~,~t }aa~12 S I;52.370 $38.280 E-XH I B IT K-5 WORKLOAD INDICATORS FISC:~L YEARS ENDED SEPTEMBER 30 16a 1 $20 S 10 LAND ACQUISITION TRUST FUND ACTIVITY ,510) ~520~ 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 ~ Additions I"-'I Disbursements Balance at Year End The District's Land Acquisition Trust Fund was established in 1983 with funds received from the sale of District SpeCial Obligation Land Acquisition Bonds. Receil~ from the bond sales are restricted to the acquisition of land for use in managing, supplying, conserving and prmecting water resources in the District. The funds were depleted by the end of 1993. During 1996 t~e Dislrict rec~ved an additional S34.4 million from the sale of District Special ObligatiOn Land Acquisition Bonds. Th( Begmmng Balance I I I I I I I I I I Transfer from Transfer from SFWMD Reimbursement: Broward County Reimbursement: State of Honda Sale of Land Net Bond Proceeds Total Additions TRUST FI~.~'D ADDITIONS . TRU~ Ft:ND DIS~t~'TS Land Acquisitions[ (8.450) (11.739) Ending Balance $2.884 $20 0. I $2.288 $2.368 $0505884535.840 $25.796 IV-28 I I I I I I I I I I I I I I I I I I 16G 1 t~aE S~cno~ S.E.C."RrLE 15c2.12 DISCLOS[RES I I I I I I I I I I I I I I I I I S<)UTH FLORID.{ WATER ~£~NAGF_.MF. XlT Dlsrmc~ CONTINUING ANNUAL AND DISCLOSURES I he following d,sclosures comply with ~: ~-~ ~DISTRICT AGREEMENT AND Commission (SEC) Ru'e 1~c2-12 (bXSR-'O~;4 ~ , D L Effective in 1995. the amendments ~4~ ..~jrespective Bond Resolutions, the Dislrict .',greed municipal bond underwrimrs to gain ~~ ?to provide continuing disclosure of ~.~) annual .,ssurance from bond issuers that they will Ixovid¢'"~':7~, informalion and (b; notices of material events upon :ont,num~ ~fi~ issuing its · annual information and · notices of material events t'or disclosure to the secondaD., bond market. To ~nter the bond market, the District and other :ssuers of state and local government securities are indirectly affected by these amendments. We are using this Section of the District's Comprehensive Annual Financial Report to comply with our continuing disclosure agreement. · Special Obligation Land Acquisition Refunding Bonds. Series 1995 and · SpeciaIObligation Land Acquisition BondS. Series 1996. We are also providing this information for the only other outstanding District bonds: · SpeciaIObligation Land Acquisition Refunding Bonds. Series 1993. No~it'~ of Recipient Annual Finnndnl Notice of Failure to Provide Information lrtnand~ ~tnteme~ts Materiai Events Annual Financial .... Information SEC Rule 15c2-12 SEC Rule 15c2-12 SEC Rule 15c2-12 SEC Rule 15c2-12 Co) (5} fi) (A) Co) (5) (i) (B) (b) (5) (i) (C) (b) (5) (i) (D) Effective I~'E ( 1 ) EffeCove lYE (1) Effective Effective April 1 After Jan. 1, 1996 After J'an. 1, 1996 Suly 3, 1995 After EYE ( 1 ) Each N'ILMS~ {2) or the MSRB (3) X X Each NR.M$1~ f2) X X , Paymg Agent (4) X X X X Under~Titers (4} X X X X { 1 ) For the District. the date first effective w~ for Fiscal Year Endexl O:'Y~) September 30. 1996. {2) Nationally Recognized Municipal $~curitit~ Information Rglx)sitory. C3} Municipal Securities Rulemaking Board. c4 ) Required under Governing Board Resolution 9~-2~, $ec0o~ 24. m connection with the issuance of the Special Obligation ~ Acqui$itioo Refimdillg l~ Sga']~ 1995. :*:':!~U'I'}!~:' FLORIDA WATER M2,,N.'sGEMENT DI.CFRICT ANNUAL FINANCIAL INFORMATION DOCUMENTARY STAMP TAX SEC Rule 15c2-12(bX5)(i)¢A) requires annual financial information and operating data that are generally consistent with the presentation included in the Official Statements for each Bond issue. The State of Florida imposes an excise tax on documents (the "Documentary Stamp Tax"), Under current law. the DocumentaD' Stamp tax is levied upon certain instruments whereby interests in real property are conveyed, original issues of stock. As a background, the following paragraphs bonds and debentures issued in the State of Florida. summarize the "Security for the Bonds" appearing !&~promissory notes or other written obligations to ........... . pay money and mortgages recorded in the State of mtne umcsa[ statements. ~unsequent paragraphs, · _ . . ' ..... - · · :...a t:._.__._, ;~ Florida. In general me amount ol the t~ocumentatv tables and exhibits contain the re~u,s~, ,u,u~ ~,, _ · , information and operating data to include ~ ;~Stamp Tax due with respect to an instrument is pon the amount of indebtedness evidenced · Pledged revenues. · Funding and allocation of monies and ~ of the Trust Fund, and · Historical debt service coverage. SECURITY FOR THE BONDS The Bonds are secured by a first lien on and payable solely from the "Pledged Revenues" as provided in the Bond Resolution. ]'he Bonds are limited obligations of the District. As such. the District. the State of Florida. or any public body in the State shall not · pledge its full faith and credit to the payment of bond principal, interest or premium; or · directly or indirectly be contingently obligated to levy any taxes or to make any appropriation for payment except from the Pledged Revenues for debt service on the Bonds, Pledged Revenues consist of all monies allocated to the District. and dc'~ited in Management Lands Trust Fmxl (the "Trail r-.mitt) which consist of: · a share of the Documentary Stump Tax, · investment earnings, and civil penalties. The Pledged Revenues equally and ratably secure the Series 1993. 1995 and 1996 Bonds. The Trust Fund is maintained by the Florida Department of Environmental Protection. or secured thereby, or in the case of documents Iransferring interests in propert.~, upon the ~,,eonsideration for the transfer, or, in the case of ~' ~"~i' stocks and bonds, upon the face value or actua i~Value thereof Documentary Stamp Tax is collected by the evenue of the State of Florida ~'the "DOW') and b)the Clerks of the Circuit Courts of the counties in Florida on behalf of the DOR. The Documentary, Stamp Tax is distributed, for various purposes, pursuant to a statutorily-prescribed formula. Under current law. the DOR distributes the Documentary, Stamp Tax collections and investment earnings, thereon, as follows: · The first 7% to the State of Florida General Revenue Fund to pay a portion of the costs of geheral goverument, The costs of collection and enforcement of the DocumentaD' Stamp Tax are deducted by and for the use of the Department of Revenue. A portion of the then remaining Documentary Stamp Tax collections (including investment earnings) are required to be deposited in the Trust Fund. There is no assurance ~at the Florida Legislature will not change the percentage allocations to the General Fund. thc Documentary Stamp Tax collections to the Trust Fund, or the percentage of · the Trust Fund allocable to the District. Likewise. the Legislature could implement an appropriations .~.bill affecting the distributions to the Trust Fund :~:~ $1iCh changes, if made. could affect distributions to 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 I I SOL'TH F~L. ORID..~ ~'.~T'ER thc Trust Fund. However. contract with the d~umentaD' stamp ~venues The following table illustrates the historical taxation rates and percentage distribution to the Trust Fund. IIlSTORICAL DOCUMENTARY STAMP TAX RATES AND TRU,~' FL'ND DISTRIBUTION 'Year EtTective Tax fPer $100) ] Tax tPer S100! % to Stoc'ks/Bonds/~lortgages[ Deeds Trust Ft~ntl 1963 S.15 I .... 1981 1985 198'7 1990 1991 s.32 1992 FUNDING AND ALLOCATION OF TH~ I'RUST FUND S.45 7.20-'/, $.50 $55 I 9.20'~ 6.90,% S,60 [ 6.56'3~ S.70 5.84ck Revenue. Therefore. variations m the percentage of Documentary Stamp Tax collections distributed lo ~ Trust Fund are reflected therein. Deposits distributed to the Trust Fund began accruing to the District and the State's other four '.~ ater management districts in August 1981. Under present law. moneys from the Trust Fund inet of DEP's administrative expenses} are allocated monthly among the State's five water management districts in the following percentages: 30% - South Florida 25% - St. Johns River 25q - Southwest Florida 10% - Suwannee River 10% - Northwest Florida DOCUMENTARY STAMP COLLECTIONS AND DEBT SERVICE COVERAGE Exhibit N-I (Page V-6) entitled "Historical i~ Documentary Stamp Tax Collections and Debt Service Coverage" reflects Documentary Stamp Tax collections, but not any investment income thereon, refunds or other adjustments (including DOR administrative fees) to the account from ghich distributions are made by the Department of The projections of "DocumcntarT Stamp Tax Collections and Debt Ser','ice Coverage" in Exhibit N-I are based in part upon the assumptions that the Documentary Stamp Tax rates and percentage of total revenues allocated to the Trust Fund shall remain constant with the above table and that the percentage of the amounts in the Trust Fund allocated to the District shall remain at 30~. USE OF TIlE TRUST FUND Expenditure of moneys from the Trust Fund is limited to payment of debt service and the acquisition, management, maintenance and capital improvement costs of certain lands included within the District's Five. Year Plan and to DEP's cost to ~lmtnlSter the Trust Fund. The District is to issue revenue bonds payable from the Trust Fund only for such purposes. Moneys in the trust fund not needed to meet land acquisition and management costs, or current debt ~-'rvice. are invested by the State Treasurer to the credit of the Trust Fund. in the manner provided by · *"~4~oOU'TH FLORIDA WATER ~La. NAGEMENT DISTRICT . Florida law. lnteresl received on such mveslmen~,! is credited to the Trust Fund and proportionally allocated to the District, A l.ife-to-Date Anal}'sis of the Distficfs Account within the Water Management I~nds Trust Fund appears on Exhibit N-2 fPage ¥'-7}. ESCROW AND RESERVE FUNDS Txvo funds provide security for payment of debt service on outstanding bonds: · An Escrow Fund ~'ithin the Trust Fund and · A Surety Bond issued by MBIA and held by the Trustee Trust Fund Escrow An agreement between the District and the State Department of Environmental Protection ("DEF') requires DEl:' to set aside and escrow from the fir~l moneys allocable to the District in the Trus! Fund. sufficient moneys for the payment of principal and interest on the Bonds becoming due in such Bond establishment and maintenance of thc Reserve Fund for the purpose of making deposits in the Debt Sen'ice Fund in the event the moneys therein are insufficient for the payment of sums due on thc Bonds. and for no other purpose. Moneys on deposit in ~he Re.rye Fund shall be maintained for the benefit of thc holders of t~e Series 1993. 1995. '!996 Bonds. and an.',' parity obligations of thc District issued pursuant to the Resolution. The District is required to have on deposit in thc Resen'e Fund an amount of money and/or I)cht Serx ice Reserve Fund Surety Bonds equal to thc Re.sene Fund Requirement. Beginning in 1995. fl~c Dislxict obtained a Dcb~ Scrvv:c Reserve Fund Surer.,, Bond to meet this requirement. The Reserve Fund Requirement is defined in the Resolution tta mean. at any time. an amount equal to the lessor of (i) the maximum amount of principal of and interest on al/Outstanding Bonds due in an5. succeeding Fiscal Year. or (ii) the aggregate of ten (10%) of the original proceeds of each Series of Bonds. Year. DEP is obligated to pay Trusl Fund moneys ~ Upon the issuance of Additional Bonds. the sufficient to pay debt service as it becomes due'on Disa'ict must meet the Bonds to the District's Paying Agent. Hmvev~, !?;~l~imment. the added Reserve Fund such payment shall not excec, d the District's cumulative portion of funds in the Trust Fund. ANNUAL DEBT SERVICE REQUIREMENTS Debt Sen/ce Reserve Fund/Sureq,- Bond Debt sen'ice requirements on the Series 1993. 'l'he Bond Resolution provides for the 1995 and 1996 Bonds are as follows: ANNUAL DEBT SERVICE (Principal & Interest) REQUIREMENTS (Millions) Bond Years { ... . i' Ending October 1 j ,omi 200O 7.94 2001 7.93 2002 7.03 2003 7.03 2004-2OO8 35.15 2009-2013 ' 35.1.$ ~ l eries 1996 $2.07 [ S20~~1 ~.~ 2.07 2.38 3.49 2.07 2.07 2.07 2.37 2.38 2.37 3.49 2.58 2.59 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 St )L'TH FLORIDA ~,~'ATER ~t~NAG~ME.%'T Dfc'tgit~ AUDITED ANNUAL FINANCIAL STATEMENTS I I I I I I I I I I Section II of this Comprehensive Annual Financial Report contains the District's C.,eneml Purpose Financial Statements and related Report of Independent Certified Public Accountants. These statements are consistent with the General Purpose Financial Statements contained in the Official REQUIRED NOTICES The following table lists each malerial event and required notice defined in SEC Rule 15c2-12 (b)(5)(i)(C) and rD). Since none occurred, tile table confirms that no notice to the NRMSIR or the MSRB and the SID v. as required for any of the material events related to each of the indicated , Land Acquisition Bond Series currently Statements in compliance v.'ith SEC Rule 15c2' : ,,? outstanding. This confirms compliance v.'ith SI:,{..' 12¢b)¢5)(i)tA) and (B). <,~ Rule 15c2-12 ~'b)lS)(i}(C) and CD} from Jul.,,, 3. '!~i 1995 to the date of this report. NOTICE OF MATERIAL EVEN'rS i( OR FAILURE TO PROVIDE REQUIRgD LAND ACQUISITION i~ONDS ANNUAL FINANCIAL INFORMATION RULE . SERIES SERIES SERIES SEC. ! DESCRIPTION ~ 1993 1995 1996 tC)(l ) Principal and intereat payment delinquencies. None None None ~C}(2j i Non-payment related defaults. ] None None None iC)(3) Unscheduled draws on debt service reserves None None None reflecting financial. . difficulties, l : Unscheduled draws on credit enhancements ! C)(-I} i reflecting financial difficulties. NOne None None i Substitution of credit or liquidity providers, or their (C}(5} i failure to perform. ';5~ None None None Adverse tax opinions or events affecting the None None None (C)(6) mx-exempt status of the security ~" (C)(7) t Modifications to rights of security holders. None ] None None ~C){8) i Bond calls. None None None (C)(9) [ Defeasances. None None None (C)(10) Release. substitution, or sale of property securing None None None repayment of the securities. (C)(l 1) [ Ratings changes. , ,~?,:,i None None None Default of the Florida Department of Environmental None None None r-) Protection on its obligations under the Agreement. I Failure to provide annual financial information or ~D) ' None None None i operating data in a timely manner. (*) Required under Governing Board Resolution 9:5-28. Section 24. in connection with the issuance of the Special Obligation Land Acquisition Refunding Bonds, Series 199:5. FLORIDA WATER hL~.NAGE'XlENT DISTriCT FLX/-I I B IT N-I HISTORICAL DOCUMENTARY STAMP TAX~ Ac'ruM ~'OR STA~ ~ PRol£crm~ for STATE STATE OF FLORIDA LCTIONS A~D DEBT SERVICE COVERAGE ~tltS JUI~E ~ 1~2 - 1~8 JUNE 30, 1999 - 2008 State Slate State Trust Fund Fiscal Year Documentary Distribution Allocations Ended Stamp Tax to the to the June30 ~1) Collections (2) Trust Fund (3) District (4) 1982 t?~ S 189.444,748 S 13,605.4-10 $ 4.081,632 1983 207.634,834 14.324.658 4297.397 19~ 297,677,436 20,679,363 6,203,809 1985 305.535.647 21,002.846 6,300.854 1956 339.915253 31,611,716 9,483,515 198'~ 416.10".536 39.161,833 I 1,748,550 19S$ 4al .037.757 40.223.t~6 12,067.154 19~9 -1-~,7.526.574 40.137.549 12.0-11265 1990 429.586.620 37.918.001 11,375.400 1991 469.952.103 28.982.217 8.694.665 1992 504.021.673 28.2922.688 8.466.806 1993 639.012,875 32.616.494 , 9.784.948 1994 774.924,927 42.821.383 :~72.846.415 1995 695282.881 37.375.100 i::~i11,212.530 1996 775,150.811 41.066.768 ~:~:!:i']~2320.030 1997 8,~4.220,724 45.171,478 · 13.551.443 1998 1.045.380.664 55.025.629 16.507.689 Pro_leered: 1999 965.100.000 51.400.000 15.420.000 2000 1.003.600.000 53.400.000 16.020.000 2001 1.046.9(X).000 55.700,000 16.710.000 2002 1.092.200.000 58,200,000 17,460,000 2003 1.147,900.000 61,100.000 18.330,000 2004 1,205,000,000 64200,000 19.260,000 2005 1,258,700,000 67,000,000 20,100,000 2006 1.313,800,000 70.000,000 21,000,000 2007 1.372,100.000 73,100,000 21.930,000 2008 1.432.600,000 76.300.000 22,890.000 DISTRICT Annual Debt Se~ice RequiremenLs & Coverage on Outstanding Bonds Debt Service Coverage Requirements (5) Ratio ¢6) n 3.440.013 1.$0 x 4.369.950 1.44 x 4.952.902 1.91 x 4.653.525 2.52 x 4.654.9'*5 2.59 x 4.651.230 2.59 x 4.653.237 2.44 x 4.654.627 1.87 x 4.650.607 1.82 x 4.650.957 2~ i0 x 4.451.184 2.89 x 2.072 709 5.41 x 5.297.815 2.33 x 7.935.048 ! .7 i x 7.932.147 2.08 x 7,935.483 1.94 x 7,935,192 2.02 x 7,933.455 2. l I x 7.031.905 2.48 x 7,030,470 2.61 x 7,027,925 2.74 x 7,028,485 2.86 x 7,028,815 2.99 x 7.032.605 3.12 x 7.028.128 3.26 x f I ) Represents thc Sta~e's fiscal year of June 30; not the District's fiscal yea~ of September 30 ,)n Exhibit N-2. (2) Som'ce: I~gislative Division of Economic and Demographic Research. The Honda Legislature. (3) Actual Source-DEP Analysis of Fund Sta~s & Activity. Proj~ted Source-The Florida Legislature, Joint Legislative ManMcment Committee, Division of Economic and Demographic Research, Long Term ~ Stamp Tax ~ts-Post Session, Consensus Estimating . Conference, Book 2, "Revenue Analysiff', Vohn~ 13. Summer 1998. Distributions to the Trust Fund ~ ~.S4% of ~ts~e of Fknida Documentary Stamp Tax revenue forecast in accordance with Chapter 201, Florida Statutes. Amounts have been e~pressed net of certain DOR admlmstranve expenses and are rounded to the Ileatesi $100,000. t4) Allocations to the District exclude ~vil penahies or investment earnings on amounts within the Trust Fund. ~5) Represents debt service principal and interest requirements for bond years ending October 1. (6) R--.~'esents the number of times ~ do~nnentary stamp al~e~ons (excluding interest income and civil penalties; see ' Exhibit N-2) to Ihe Dislrict within the Trust Fund ~'er ~ annual debt service prin~il~al and interest requirements. (7) Disn'ibution of ~tary Stamp Tax revenues to'lite Water Mana~emem Lands Trust Fund began in August 198 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 I I I SoL'134 FLORIDA WATER .~£'sN.~GE,MF_\'r DISTRICT 1 EXHIBIT N - 2 Water Management Lands Trust Fund - District Account Life-to-Date Analysis: Jul.,,' 1.1981 - September 30. 1998 DISTRICT FUND District R E ¥ E N U ES E X P E N D I 'I U R E ,"; BAI,ANCE F~scal Year Documental. Allotted Aoquiltlion/ Debt Ended Stamp Civil Maintenance State (2~ Service ~3} As Of Sept. 30 (Ii Taxe~ Cos~ Transfer~ Pavment~ Sept. 30 19s2 05 months, S 51055.98~ $ 0f S ~ ' 0 S o $ o $?.~24.~.~8 1983 ,~.865.970 0 673.014 6.1~,955 0 0 4.801 195,.1 6.185.86o 0 643.$14 143.40' o 4.208.787 7,278.976 19~5 6.737.625 5.000 88-1.4.13 0 0 -L339.638 10.5o6.4o6 1986 10364.840 0 1.010,435 1.26o.9~7 0 2.155.571 I ~.5 It,. 113 198' 12,607.498 0 1.424.474 2.6~5.000 0 4.653.525 25.249.560 1988 1 i.501.906 97.800 1.603.2S9 12.842.828 0 4.654.975 '~ .0.954 1980 I 1.890.924 160.628 1.916.000 6.889.1.35 0 4.651.230 23.381.909 1990 10.677.733 32.065 2.272.977 2.397.451 0 3,940,262 30.026.07 I 1991 8.515.201 100,785 1.772.578 15.930.142 1,782.504. 3.898.731 18,804.158 1992 8.6~4...6 636.071 8'~8.699 15.596.662 435.000 4.650.607 8.261.785 1993 I0.563.3.11 8~.8~7 580.623 4.663.491 0 4.452.043 10.373.042 1994 12.~i26,086 141.974 551.016 5.533.806 1.067 4.451.184 13.606.061 1995 I 1269A47 150A31 89'/.960 3.426.633 ! 5.968 4.020.190 18.a61.108 1996 12.560.685 109.7A5 !.~i.~1 ?,3~1.0~0 15.378 2.425.615 22,580.616 199' D.6.~.810 ~9.8~9 16.575 7.931.180 17A03.258 1998 I'/.876.979 ,~0.1.700 ' I,.$~.~77~: ~,017,610 33.020 7.928.657 23.231.317 L~te.'ro-D~ $1'/5.472.122 $2.191.2~ $t9.~2..~ii'$103212.75~ '~2.299.512i68.362,105 $23231.317 Represents the Dmrict's fiscal year of September 30; no~ the State's fiscal year of June 30 on Exhibit N- 1. Transfers in: FY 1991-92 represent payments of interest in those years to support the Preservation 2000 program. FY 1994-98 represent payments for DEP administrative expenses. Represent transfers from the Water Management Lands Trust Fund to the Debt Service Fund held by the Trustee. Amounts will vary from the actual debt service payments due to accumulated monies such as interest earnings in t~.e Debt Service Fund. includes the required escrow amount represenUn8 ~he debt service payments for the next bond year (see Exhibit N- 1 ). ~6~ 1: I I i I I I I ! I I I I I I I I I I I 168 1 FEDERAL SINGLE AUDIT I I I I I I I ! I I ARTHUR D£RSEN LLP ? REPORT OF INDEPENDE,NT CERTIFIED PUBi.IC ACCOUNTANTS ON Tile SCiIEDULE OF ~PENDITUR~ OF FEDERAl. AWARDS To ~e Govermng ~ard of the ~u~ Florida ~%'ater Ma~gem~t Dm~cl. We ~ve aud~t~ ~e ge~ral-pur~ f~l s~tem~ of the ~u~ Florida Water Mana)Ienwnl X'ear ~ptem~r 30, 1~8, and have issued our report Dmmct Ithe O[ and for · er~n dated Novem~r 16, 1~, which was qualif~ ~au~ Im~ufficient auda evidence t.xi~t~ Io sup~rt ~e D~.stnct's d~l~u~ w~ r~l to ~e year 2~ msue. Thee generaI-pUrpo~, financial ~tements and lhe ~hedu[e referred lo N. Io~' are ~e n~ns~bdav ot the DIstricl's t)ur managt, menl r~pom~bil~ l~ to expr~s an opinion on ~e ~ral-pu~ f~nanoal s~temen~ and the ~hedule refe,~ to ~low ba~ on our audit. Except as d~us~d in the pr~mg ~ra~aph, we co~ our audit m accordance wi~ generally ~cce~te~ aud,~ng s~ndar~ ~ me s~r~ for ~ai audiS con~i~ m G~mmrnt Au,htmg ~s. (1~ R~mlon) ~ ~ ~;~~ ~al ~ ~ Unit~ Stat~. ~o~ s~ndards r~e mat we pl~ a~ ~.~ ~. ~ ~ ~~ ~ura~e a~ut whe~er ~e general- pur~ f~l s~t~ a~ ~ ~~~~L. An audit ~clud~ examinin~ on a t~t ~..~id~e sup~ ~ a~ ~ ~ ~ ~ ~al-~ ~al s~temen~. An a~d~ a~ ~lud~ ~ ~e ~n~ ~ u~ and si~cant ~emat~ made by management, a~ well as evalua~g ~ or.aU ~! s~te~nt pr~n~fion. We ~lieve ~at our audit pro~d~ a re~nable ~s~ for our open. ~r audlt was made for ~e pu~ of ~ing an op~n on ~e g~ral-pur~ financial statemenLs of · e ~bict ~ken as a whole. The accom~n)~g~ule of Ex~ndi~r~ of F~eral Awards L~ p~ for pur~ of addi~o~l ~ ~d ~ a ~ui~ ~ of ~e ~al-pu~ financial L~..~e info~n in ~I ~a~ ~ ~~ ~ ~e ,udi~ng pr~urm applied in ·aumt ot me g~a~-pu~ ~1 ~~'a~, ~ our option, g f~irly printed, in all material r~ts, in rela~on to the ~ral-pu~ f~ial s~tem~B ~ken as a whole. West Palm Beach, Florida, November 16, 19q8. ARTHUR ANDERSEN LLP REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ON COMPLIANCE AND INTERNAL CONTROLS To the Governing Board of the .'-,outh Florida Water Management DistriCt: We have audited the general-purpose financml statements of the South Florida Water Management District (the "District', a component urdt of the.~,~tate of Florida), as of and for tho year ended September 30, 1998, and have issued our report thereon dated November 16, 1998, which was qualihed because insufficient audit evidence exists to ~upp0~ the District's disclosures with respect to the year 2000 LSsue. Except as discussed in the pi'l~cedi~ ~ltence, we conducted our audit in accordance with generally accepted auditing standards and ~ ~s applicable to financial audits contained in Go:'crnment Aud~hng Standard~ (1994 Revision), ~ by the Comp~oUer General of the United States Compliance As part of obtaining reasonable assurance about whether the Districts general-purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provLsions of laws, regulahons, contracts and grants, noncompliance w~th which could have a direct anti material effect on the determination of financial statement amounts. However, providing an opinion on comphance 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 reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the District's internal controls over financial reporting in order to determine our auditing proct~u~ for the purpose of expressing our opinion on the general-purpose financial statements and not to provide assurance on the internal control over financial reDort]ng. Our consideration of the intemad ¢onl3'oi over financial reporting would not necessarily disclose all matters in the internal control over financial Ir~rUng that might be material weaknesses. ~'~ material weakness is a condition in which the d~ l~,~0peration of one c~ more of the internal control i:omponents does not na~uce to · I~latl~lo~~ tlmt ~ts in amounts that would be material in relation to the financial ~lal~en~ ~odtlt~ may ~xcur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no ma,ers revolving the internal control over financial reporting and its operation that we consider to be material weaknesses. However, we noted othe; matters involving the internal controls over financial reportang that we have reported to management of the District in a separate letter dated November 16, 1998. This report is intended for the information of the Governing Board, the District's management, the Auditor General for the state of Florida, and Federal and state awarding agencies and paSS-through entities. However, this report is a matter of public record and its distribution is not limited. West Palm Beach, Florida, November 16, 1998. 1 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 I AKI'H ' ERS£N LLP 16G REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ON COMPLIANCE AND INTERNAL CONTROLS RELATED TO FEDERAL PROGRAMS the Governing Board of the I South Florida Water Management District Compliance We have audited the comphance of the .C.~outh Florida Water Management Lhstnct (the "D~str,ct'. com~nent unit of ~e state of Flor~daL wi~ ~e ~'~ of compliance r~uiremen~ dt~ri~d in the U.~. Office of Management and Budget ('OMB") C~r~lar A-133 C~phance Su~mtnt (Revved June ~, 1~7) ~ are applicable ~ each of i~ mawr F~al p~a~ for ~e year ~d~ ~ptem~r ~, 1~ The E S~t's major F~erai pr~a~ am ld~ ~ ~ ~m~: of Audi~r's R~ui~ ~fion of the ~a~ ~nymg ~u~ of F~m~ ~d ~~ ~. Comp~e ~ ~e r~uirements of laws. n ~om. con~ac~ a~ ~an~ app~ab~ to ~ ~ ~ ~r F~erai pr~a~ ~ ~e r~mibili~, of ~ ~ s ma~ge~t. ~r r~i~- ~ ~ ~s ~ opinion on ~e D~ict's compliance ba~d ~ ~r audit uct~ our audit ~ comp~ m a~ot~e ~ (1) ge~rally accepted audi~g s~ndards, (2) ~ ~ ~ards appl~ab~ ~ ~1 aud~ con~ ~ ~ment Audi~ng Stan&rds (1~ Rev~ion), ~ u~ ~ ~ Com~l~ ~al ~ ~ U~ ~, and (3) O~ R~ Cir~lar A-133, Audits of S~, ~at ~m~ts, and N~-~fit ~im~ ~ ~ s~dar~ ~d O~ C~lar A-133 r~uire ~t ~m phn ~d ~o~ ~ audit ~ o~ ~b~ m~ a~t wh~er no~ompliance oI comp~e r~u~b ~ ~ a~ ~t ~uld have a db~ and material eff~t on a ~ ~eral ~ro~,m ~,~. An audit ~lud, ~, on a ~t ~s~. evidence a~ut ~e ~t s comp~ance ~ ~ r~u~m~ ~d ~o~8 such o~er pr~edur~ as we co~idere~ n~ m ~e c~~. We ~eve ~at our audit provid~ a re~ble b~ for our opinion. ~ audit d~ not provide a lesal d~Uon on ~e D~ct's ~ompiiance wi~ ~ r~uiremen~. ~ °u~ op~on. ~e ~ ~ompUed. ~ a~ ma~Hal r~. ~ ~e r~u~emen~ referred to a~ve are~appUeable to each of i~ major F~eral pr~a~ for ~e year ~d~ ~p~m~r I~8. lnt~l Conffol ~er Compli~e ~ m~agement of ~e D~ ~ ~mible for ~b~8 ~d ma~8 eff~ve ~te~l consol ov~ comp~e wi~ r~u~em~ ~ ~. ~~. con~ and ~ appUeable to F~eral pro~a~. In pla~8 ~d ~o~8 our audi~ we c~ide~d ~e ~'s ~temal consol over comp~ce wi~ r~u~ ~t could ~ve a d~ ~d ma~l ~ on a major Federal pro,am ord~ ~ de~e our audi~ pr~u~ ~r ~ ~ of ~sm~ our op~on on compliance and ~ ~t ~d re~ on ~! eon~i ov~ ~p~ ~ ~rd~ ~ OMB ~ir~lar 1 ARTHUR 1.6G ! ~ /~NDERSEN I 13 r considerabon of the internal con~'ol over compliance would not necessarily disclose all matters ,n the I ~,nternal control that m~ght he material weaknesses A material weakness ~s a condition in which the aesig~ or oporat~on of one or more of the internal control components does not reduce to a relatively Iow l~.~the rLSk that nonce mpiJance with applicable requirements of laws, regulations, Contracts and grants I t~:~o, uld.~ mate. ml.m relat~.on to a m~ r-ede~ pm~am being audited may occur and not ix. j~_ v,:~,,mm .a ,tuneiy ~::.llonl~ coame olr performing their assigned j_.n~ao~_: .~e no.te~..no ma. llets IrlVolvt118 Il,lc ~?nttol over compliance and its operation that we ~rJ~,.,, .I~ ~s intendS. Jot the ir~otmal~on of tl~ (~temin$ Bo~'d, the District's management and recj~rd and its dlstTIbUtion ~s not limitedre~eral aha state awarding agencies and pass-through entities. Howe,,er, thLs report is a matter of public I West Palm Beach, Florida. I ~ November 16, 1~)8 I I I I I I I SOUTH FLORIDA WATER MANAG£MENT DISTRICT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS 1 I I ! I I i I I I I I I I FOR THE YEAR ENDED SEPTEMBER 30,1998 I. CASH FEDERAL FINANC~IAL ASSISTANCE U.S. Department of Interior Stormwater Tr'~a~,~t. flt ~ ,ll, l ~ Land Acqu~aitions East Coast Buffer/Water Pre, rye A~m Land Acqu'*it~on~ Carroll Prop~q~.', Wa~er Man~gem~nt ~ in EAA FB2 u,S. Army Corp~ of _Engim.*~ Aquatic Plant Control Program Pass-through State of Florida D~partn~n~ of Environmental Pro~e~'tion Aquatic Plant Control Program $ubtotal Federal Emergency Mana~,~ment A_Lmno' Pas~-through State of Florida ~ of Community Affair~ Disaster Relief Funding Agr~nn~nt Hazard Mitigation Grant Disaster Relief Funding Agreemen! Subtotal U.S. £nvironmental Pr0~'tion A_~ncv Wetland.~ Con.~'ation Grant Federal Federal Catnlog Grant Number Number ' STA-1E ' FB1 ~ ~' ' FB2 IZI00 DACtYl 7-89-H-0001 12.100 DACW17-85-H-0020 83.516 961LM-7A-14-00-20-008 83.516 95DP-2M-13-00-21-014 83.516 93E0-1R-13-00-20-149 Il. NON-CASH FEDERAL FINANCIAL ASSlSTANC~ '~ Total - Ail Fede~ Gren~ ~ 'Federal catalog number was unavailable. The accompanying notes are ~,~ integral pa~t of this schedule. Expend itures/ Revenue Recognized S 20,482,169 2,646,210 23,218,765 745,188 3,679,745 4,424,933 467,557 485,991 101,732 1,055,280 55,651 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16G NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS SEPT~MBL:R ~0o 1998 1~! .SCOPE O~ 3UDIT PURSUANT TO OMB CIRCULAR A-13':~ /[11 Federal grant operations ot South Florida Water Management Dmtrict (the "D~strict") are included in ~e scope of the Office of Management and Budget ("OMB') Circular A-133 audit (the *Single Audit"). The Single Aud,t ~'as performed in accordance with the provisions of the OMB Circular A-133 Comphance 'h~pplement (Revised lune30, 1997, the 'Compliance Supplement'). Compliance testing of all requirements, as described in the Compliance Supplement, was performed for the grant programs noted below These programs represent all Federal award programs and other grants w/th fiscal 1098 cash and noncash exlrmndaures m excess of $300,000 that ensure coverage of at least 50 percent of Federally ~g'~nted funds Actual coverage is approximately 80 percent of tota] cash and noncash Federal award program expenditures ' Fiscal ~998 ~laior Federal Award Pro~'_ am Description _Exl~enditures Stormwater Treatment Area al East Land Acquisitions East Coast Buffer/Water Preserve Area Land AcquisiUons $ 20,482,169 _ 2,646,210 programs were considered ]ow-risk Type A programs for the 1998 audit: Aquatic Plant Control Program Disaster Relief Funding Agreement Hazard Mitigation Grant SL'MMARY OF SIGNIFICANT AcCOUNTiNG POLiClp~ ]'he accompanying Schedule of Expenditures of Federal Awards includes all Federal and state pass- through grants to the District that had activity during the fiscal year ended September 30, I998. This schedule has been prepared on the modified ~ccruai basis of accounting. The bases of accounting are described in Note 2 to the District's general-purpose financial statements. FINDINGS OF NONCOMPLIANCE. 0T~e~e were no findings of noncompliance identified in connection with the 1998 Single Audit· The status dings identified in connection with the 1997 Single Audit are presented in Schedule Il. 4. i ..AUDITS PERFORMED BY OTHER 0gGANIZATION_q There were no audits performed by Federal grantor agencies or bv subgrantor organizations of the District's admirrtsttat~on of Federal financial assistance programs in 19~8. 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 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SCi IEDULE I - SCHEDULE OF FINDINGS AND QUESTIONED COSTS - 1008 Summary of Auditors' Results VG, ha~' audited the hna~-ial statem,.nL,, ot the .%.~uth Florida 1A'ater Management l)tstrict (the DLstnct"). as ol and tot the year ended ~qeptember 30, 1..q98, and have issued our report thereon dated November 16. 1998, which was qualified because insufficient audit evidence exists to support the DLstnct's disclosures with respect to the year 2000 issue. Except as discussed in the preceding sentence. ~,,'e conducted our audit tn accordance with generally accepted auditing standards and the standards applicable to financ~l audil~ o~m~ned tn ~nn. at Audit~n$ S~andards (1994 Revision,. ~ssued by the CompO'oli~. ~..~. Unit~ States Our audit did not disclo~ an), ~o~0~t~whi~h is considered material to the financial statements of the D~.sO'~-L nor ~fid om' am~t~ any material weaknesses in internal controls !'~ We have ~Ssued an unquahfied opinion dated N~ember 16. 1998. based on our consideration of the District's compliance with the .types of compliance requirements described in the OMB Ctrt~t/ar A- ~35 Cce:?han¢~ $~/~¢~ (Revved June 30.1997) that are applicable to its major Federal programs for the year ended September30. 1998. The results of our auditing procedures disclosed no instances of noncompliance with those requirements that are required to be reported in accordance with OMB Circular A-133. .~:~.ype p. rog~ams ,'as S300,000. The District', ma~or programs for the I998 Single Audit are the ~/!~_to_.rmwater lr_eatment Area #1 East Land Acquisitions and U.S. Department of Interior East Coast Buffer/Water Preserve Area Land AcquisiUons grants, the U.S. Army Corps of Engineers' Aq uatic Plant Control Program (including the state pass-through program) and the Federal Emergency Management Agent' state pas.'~-through Hazard MitigaUon Grant and DL~aster Relief Funding, .Agreement. The District did qualify as a low-risk auditee for the 1998 Single Audit. VI-7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SCHEDULE I! - STATUS OF PRIOR YEAR (1997) FINDINGS Finding No. 1 - Matching .Cornplia nc~ Requirement Per the Framework Agreement belween the Dismct and the Department of Interior in the grant application (the 'Grant Agreement"), the Federal funds expended for land acquisition will be matched by non-Federal funds on a dollar for dollar bas~S. Per the Grant Agreement, an alternate cost sharing approach was granted by the Depar~nent of Interior to allow the purchase/acquisition cost of prior properS,, purchases m ~e East Coast Buffer/Water Preser~.e Area made by the District subsequent to the enactment of the Farm Bill (December 120 1996) to be treated as the 50% match in lieu of cash Qu estionc~l Cost/Noncomv~ ~P. er the FBI Grant AgreemenL prior pu to be the Distncrs match for jobs one ~_~rough tour o~y. A~ ,~,~ ~ ~ ~o "~ as , subsequent jobs which has not yet bee~ a ~'~ ,,. was reflected as a match by the District Managcm~t' s R~spo~s~ - Ce~rec~ Acl~o~ Pi~ As noted, Grant Agreement No. FB1 provided I:hat the cost of some thUg'-four parcels of land previously approved for purchase by the DistriCt would be 'matched' a~amst the cost of four additional parcels 0obs I throush 4) spectfical~ tdenUfied for Federal funding. The cost to date of the thLrty-four parcels (one has yet to d~e) ti q~Proximately $20.8 million. The total cost of the four additional parcels to be matched with fedetld leads amounted to S18.4 million, for a difference of $2.4 million. In accordance with the Gra~t Asl~elnent: 'The District shall receive a credit towards future purchases if the value of the matching properties exceeds the value of the four parcels described below in Jobs 1 through 4." Further, Amendment 1 to the Grant Agreement provides that: 'It is understood that from t~me to I~me a credit may be due to either party because of such discrepant3.' between the parties' respective col~butions to the Grant. Such credits will be reconciled, reflected in the District's ftnancia! ~, and applied to future purchases." Further: ~n accordance with 43 C.F.R. 12.90, Inlerfi~ ~ 'make any necessary final cost adjustment at the end of the Grant period. Such adjustment will account for the remainder of any exc~s funds or property, values either party may have contributed to the Grant for the purpose of meeting the cost share req u ,rement. 1 I I I I I I I I I I I I I I I I I I I 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICr # SCIlEDULE 11 - STATUS OF PRIOR YEAR (1997) FINDINGS 1 1 1 1 In an attempt to balance out the cost sham and to comply wRh the above noted provision, of the grant agrecn~enL the District chose to make up the $2.4 million ~credit balance" by. applying the cost of the next five land purchases (being Jobs 7 through 11) to the federal matching portion. These five purchases totaled $1.q million, temlUng m a rea~ainmg "credit balance' of $0.5 million. This $0.5 million differential will eventually need to beja~de up so that the total District share and the total Federal share are equal. ;ii The D~Strict considers this issue to be a matter o~ minor reporting methodology, and believes it is in full compliance with the grant agreement by application of the noted cost differential to lobs 7 through 1 ] for reporting purposes. 1 1 1 1 1 t Finding No. 2 - Required Statements on Deeds Comphance Requirement Per the D~strlct s grant application, the recorded deed for each parcel acquired with Federal funds will bear the following statement:. 'This property was acquired with funds provided by the Secretary or' the U.S. Department of the Interior for Everglades restoration activities pursuant to the authority of ,C~ctaon 390 of Public t~w 104-127,110 Stat. 1022'. Ques.oned Cost/Noncompliance The warranty deeds related to Jobs 3 and 4 did not incorporate the required statement. N!anagement's Response - Cormc~ Aetna Plan The District acknowledges that the cited warnaly ~ did not incorporate the requisite language prior to recording, and has ~ a ~ ~ of the deeds oir all lands acquired pursuant to the Grant Agreement to emure complianm ~ this provision. It was discovered that due to a procedural weakness, the noted language wa~ eXCluded on other recorded deeds as well. I Internal procedures have been strengthened in order to reduce the likelihood of future deeds being recorded without the requisite clause. The non-<omplying deeds are in the process of being corrected through the recording of a notice in the appropriate legal records. Finding No. 3 - Interest Income Compliance Requifetmept The District shaU comply with the standard provisions in the grant agreement to include applicable regulations, pohcies, guidelines and requirements in 43 CFR Part 12, OMB Circular A-87, Cost Principles for State/Local Governments and OMB Circular A-133. Per 43 CFR 12.61([), "interest earned on advances' shall promptly, but at least quarterly, be remitted to the Federal agency. The grantee may keep $100 per year for administrative expenses. SOUTH FLORIDA WAT]~ MANAGEMENT DISTRICT SCHEDULE II - STATUS OF PRIOR YEAR (1997) FINDINGS 1 I I I QuesUoned Cost/Non Compliance The Distrlct was advanced funds that have not been fully utilized to date and have remained invested in instrumenL~ m order to derive a fair return. This interest has not been remitted to the Department o~ Interior. The rules of the U.S. ComptroUer General indicate that "interest earned by a grantee aftor disbursements are made for grant purposes l~ treated as program income". Managcment s Response - Correctwe Act;on Plan The District calculated what it believed to be the potential interest earnings on advanced funds for the period ended September 30, 1998, based on applicable federal regulations. This amount was recorded as a conlingent liabili .ty in the Districts financial records. Because of what appeared to be unclear federal guidelines on whether to la, eat such earnings as interest that is due back to the federal government, or to retain as program income, the District requested the U.S. Fish and Wildlife Service, by letter dated October21, 1997, to provide guidance regarding the proper treatment of these funds. The District recently received a letter dated December :30, 1997, from the Service's Atlanta Office indicating that our request had been forwarded to the Office of the Secretary of the Department of Interior m Washington, D.C. for a response. Finding No. 4 - Reconciliation of C~I Schedulea Compliance Requirement Per the Grant Agreement, cost schedules with purchase price and estimated land acquisition cost figures will be recondled on a continuing basis with the actual expenditures. Ouestioned Cost/Noncompliance The District dc~s not reconcile the actual expenditure to the cost schedules with the estimated land acquisition cost Management' $ Response - Correcttoe Action Plan The District acknowledges noncompliance with this grant provision and will begin providing budget to actual data in future quarterly report~ provided to the Interior. Finding No. 5 - Satisfaction by the Department iff Interior Prior to Land Purchase Compliance Requirement Per the FBI amendment, property containing hazardous waste or contamination of environmental concem must tx. resolved to the satisfact~n of the Department of Interior prior to the transfer of Farm Bill funds for the acquisition of stroh property. VI-10 I I I I I I I I I I I I I I I I t i t SOUTtl FLORIDA WATER MANAGEMENT DISTRICT SCHEDULE 1I - STATUS OF PRIOR YEAR 11997} FINDINGS Ouestioned Cost/Noncomoliar~ For the purchase of the Carroll Property, a clean-up credit was granted and treated as a reduction of the sale price of the property and a reservation right exists on this property which also was treated as a reducUon of the sale price imtead of program income. This clean-up is being performed by the District. This was not brought to the Department of Interior's attention prior to the District acquiring the property. Mana~ement's Response. Correctwe Actio~ Plan The Amendment to Grant Agreement No. FB2, Can, oH Property, states in part, that: "With respect to any hazardous waste ot contamination, or an)' other material matter of environmental concern regarding the Property, all such matters must be resolved to the sahsfaction of the District, in accordance with District polio., and the Service, in accordance with federal polio., prior to the transfer of any funds for the acquisition of the Property." Prior to acquisition of the land, the District identified the existence of pollutants on the property and estimated the cost to remediate such pollutants at S76,000.00. in accordance with the Agreement for Purchase and Sale between the District and the Carroll's, and per the Third Amendment to such Agreement, the ~ withheld $76,000.00 from the contract purchase price paid to the seller at closing. Since the time of closing (June 13, 1997), the District has mitial~ the remediation and clean-up of the poIJutant.s through a third party contract with an environmental engineering firm. The dean up is expected to be completed by the e~xt of January, 1998, at a cost of approximately $49,~0.00. ~ince the District assumed the mspomibi~ for the environmental clean up, and ensured payment for such remediation by witidloldtn8 hnom the ptm:hase peice an amount sufficient to cover the cost of the clean up, it is the District's position that the hazardous waste issue was satisfactorily resolved by the District prior to the purchase of the land, and therefore there was not an issue that required concurrence by the Service. Our interpretation of the dl~l grant provision is that the Service would need to be involved and satisfied where there may be a material issue of hndow~er responsibility for clean up of contamination, or where the District acquired contaminated property without adequate insurance that the remediation of such would be borne by the responsible party. VI-Il SOUTH FLORIDA WATER MANAGEMENT DISTRICI' SCHEDUI.E II - STATUS OF PRIOR YEAR {1997) FINDINGS Regard~n): the ~45.0OO 00 rese~'atJon credit, the Dist,ct granted the landowt~er, through a Use and ~cupa~cy R~e~-a~on. a r~ght and an mter~t ~ ~ proart' for a ~.od of ~r~ months, during which t:me ~e lando~mer, or h~ assi~, could tongue to u~l~e the land as a sod farm, The D~tr;ct placed a vale on ~m right at ~5,~.~. Th~ amount was deduct~ from ~e purchase price at closing ~au~ ~e ~ct did ~t ac~allv real~e any incoming cash from the ~amact~on. and ~au~ ~e ~ ~ a ~! m~t m ~ pro~ during ~e ~r~ month ~r~od, ~e ~m~ict did not ~li~e ~ ~5~.~ s~u~ ~ ~ea~ as priam income, pursua,t to federalr~--gula,o~ and ~ide~ on ~e ,u~. It should ~. noted ~at m a leHer to ~e US. F~ ~ W~d~e ~ke dat~ ~ptem~r 8, !~7, the Dm~zct s~ted it s ~s~on and ~ea~t of ~ ~$~,~ as ~-pr~am income, and r~U~t~ · e ~'~ce to adv~ us ~ such m~~ ~ ~ d~m~t ~ ~eirs. To date, the Dis,:ct h~ not r~eiv~ any no~ce from ~e ~ ~d~ ~ roue. Finding No. 6- lndir~t C~t ~te Co m pha nce, Requirement The Aquatic Plant Control grant agreement states that the lesser of 15% of total direct costs or the indirect approved rate (91.11% of salary costs for fiscal year 1997) must be. used for indirect cost The rate Ls determined at year end and any adjustments required to reflect the appropriate rate must be reflected on the last billing. ~)u c. staoned Cost/Noncompliance The D~strict increased usage oi~ a contractor for melaleuca removal begnnning in May 1997. The direct cost crossed the threshold in September 1997 whereby the indirect cost rate is less when calculated on the salaries rather than cal~lat~l on 15% of total direct cost. An adjustment was not made until subsequent to year end. A 5ana~:ement s Respon~ - Correctl~ Action Plan As noted, the District initially billed the indirect costs in the September invoice at the incorrect rate. When this was brought to our attention, the District cancelled the original invoice and rebilled at the correct rate. The District will highlight this Ix. quirement in the grant file to prevent this from reoccurring in the ful~re. Vi-12 1 I I I I I I I I I I I I I I I I I I I SCHEDULE OF STATE FINANCIAL ASSISTANCE ARTHUR ANDERSEN LLP REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ON SCI IEDULE OF STATE FINANCIAL ASSISTANCE To the Governing Board of the 9outh Fk~r~da Water Management District: We haw ,~ud~ted the general-purpose fmancml statements of the South Florida Water Management [)rstr~ct (ttw 'District'), as of and for the year ended September30, 1998, and have issued our reporl thereon dated November 16, 1998, which war, quali/ied because insufficient audit evidence exists to support the District's disclosures with respect to the year 2000 issue. These general-purpose financial statements and the &hedule referred to below are the responsibility of the District's management. Our responsibilib' is to express an opinion on the genet~-~ financial statements and the Schedule referred to below based on our audit. Except as discussed ~n the preceding paragraph, we conducted our audit in accordance with generally accepted auditing standards and the standards for financial audits contained in Got~rnmcnt Auditing Standard~ (~c~94 Revision) issued by the ComptroUer 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 m the genetal-pu~ financial statements. An audit abo includes assessing the accounting princtples used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provide~ a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements of the District taken as a whole. The accompanying Schedule of the State Financial Assistance is presented for purposes of additional analysis and is not a required part of the general-purpose financial statements. The information m that Schedule has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly presented, in all material respects, in relation to the general-purpose financial statements taken as a whole. West Palm Beach, Florida, November 16, 1998. Vrl-i 1 REPORT OF INDEPENDENT CERTIFIED PUBI. IC ACCOUNTANTS ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE t, VITH SPECIFIED REQUIREMENTS OF STATE FINANCIAL ASSISTANCE the Go~.'ernmg Board of the *,,,uth Flor~da Water Management District: '~'.,. have examtned management's assertion about South Florida Water .Manag~,ment District',, lm,:nct") compliance with the allowable cost requirements established in the grant agreement~, ap:,licable to the State grants and aids appropriations identified on the Schedule of State Financial -\,~,~tance for the ,.'ear ended .September 30, 1998, included in the accompanying managemenl assertio~ r~':'~rt. .Management is responsible for the District's compliance with those requirements. C)ur :e~,pon.sibilib,.' is to express an opinion on management's assertion about the District's compliance on ~ur examination. Our examination was made in accordance with attestation standards established by the American Irtstitute of Certified Publ/c Accountants and, accordingly, included examining, on a tesi basis, evident.- about the District's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examinal2on does not provide a legal determination on the District's compliance with specified requirements. In our opinion, management's assertion that the District complied with the aforementionect r~xlum,ment% during the fiscal ,,'ear ended September 30, 1998, ks fairly stated, in all material respects. West Palm Beach, Florida, N~wember 16, 1998. VII-2 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 SOU"Ttt FLORIDA IVATER MANAGEMENT DISTRIC-I SCHEDUL£ OF STATE FINANCIAL ASSISTANCE FOR THE YE.-kR ENDED SEPTEMBER 30, 1998 ¥I'artm~,nt of Environmental Plant Control a Plant (Smtrol ),'partm,,nt at Community Affmrs lazard 5, litigation Grant [>~sa'.t(,r Reho£ Funding Agreement <ubt~,tal Total Stale Financial ,Assistance DACWI7-85-H-(M120 12.tt×~ S ~,,3o2,5s~, C-8570-A2 N/A . __!,4 _~_~, ! 4 ~ 95-DP-2M-134~-21-014 83.51~, 9'~-EO-I R-I 3-O~-20-149 8'~.516 5.4,6'~.3, 141 16C, ':, 4. 102,589 557,55~ 5 3,289,523 1 7,605,17;; ~,1 557,55~" VII-3 ' SOL-IH FLORIDA WATER .M/XNAGEMENT DISTRICT I NOTES 'FO SCHEDULE OF STATE HNANCIAI. ASSISTANCI{ SEP'rEYIBI!R 30, 1998 I i. GENERAL ' . .,', , ' , · n,,'~al A ,~,tame m,'luded h,,r,.,n.~ rppr.,',..n[% ,;tat,~, hn,~nI ,af.as,,zqam e programs of th,, South Fi,'r,da 'Water .Managemvnt D s t~,'u us N'der,d pr%;rams passod-through the State ,,~ Florida. ' ' I 2 c,( OPE O[ A UDN- bt,~I,. ~;rant award,, have been aud~h,d m accordan ' wt , .. , I .... th th( Stat, of Flont,a fxuh,s , ,.'herin t~napt~,r lit &,X}. Audits of State GranL~ anti Atd .Appropnat OHS" ("Chaptor 10 ,*wards pa';'-ed-throu);h the State of Florida are deemed suscephbh, to audit m ,~t'llrtl i ~,., with t ,., I prcw~s~ons o; O.MB Czrc'Mar A-1'33 Comph'ance Supplcmc'nt (Revmed lune ~,0, 1997) and/~r Ch [:mal dete~mahon that the terns and conditions ol the State of Florida j,rants hdve r,.sts soMv w~th th~, re~pe~ hr,, Florida grantor agem ws. 3. BASISOF PRESENTATION ~accompan,',ng ~-hedule of State Fmanc, al Ass,,tance includes mon,,,s r,',:e,,'ed durra/ th,. f, .... ~,~nded September 30, 1~8. ~ese intones are accounted for in the Special Revenue Fund typo m ~h., }'ct's generM'pu'°se f~an~al statements' VI'I-4 I I I I I I I South Florida Water Management District 3301 Gun Club Road. \Vest Palm Beach, Florida 33406 · (561) 686-8800 · Fl. \VATS l-.q00-432- TDD (561) 697-2574 1 MANAGEMENT ASSER'FION REPORT ~ hereby assert that the South Florida Water Management District complied ~it}l cO~ requi;ements of the ~rants and aids appr°pfiatio~s identified onthe attached Schedule StYe Financial Assistanc~durine the fiscal year ended September 30. 1998 FTank W~ia~n, Jr., Chairman Eugene K. P~ Xqce Ch~an Mitche~ W. B~er VII-5 5dmuel E I'~o'o'o'o'o'o'o'o'o'o~ EXecutive Director Officer lvember 16. 1998 \Sera M. Caner Richard A. Machek Samuel E. ['~}ole 111. Exc, mwe 1 ),zc, ~.., W'dliam E. Graham Michael D. Minton Michael Slay"~on, Deputy I'.xccufivc I 1,r... t, ,, Vqilliam Hammond Miriam Singer Mailing Address: P.O, Box 24680, West Palm Beach, FL 33416-4680 I I I I I I I I I I I I I I I I I I Development Scrviccs Building North t lorscshoc Drive HOUSING AND URBAN IMPROVEM'B T0t, ts comasio.eq M E 51 O R A N I) U Nl D..\TE: T(): FROM: SUBJECT: Sue Fi lson. Administrative Assistant Board of County Comni]S~i0,.,~d~: Pkmnmg Technician': Minutes of thc Affordable Hous~g Commission Enclosed arc thc approved minutes of thc I'ollowin- m¢ctim, s ('mmnission: = =. of thc ,,\fford;,blc Ih)using ©ctobcr 199S There was not a qtlorum Ji~ November 1998 December 199S Jantlarv 1999 Il' you have any questions regarding thc attached, plcasc call mc. Itl Carter ¢On$~antfn~ t'/,isc. Cotres: Oats: ~_-?~ Co~)ies To: AFFORDABLE IIOUSING COMMISSION AFFORDABLE IIOUSING ADVISORY COMMITTEE COLLIER CO UNTY. DEVELOP,M ENT SERVICES 11UILI)ING 2800 NORTII IIORSESilOE'DRI CONFERENCE ROO31 "E' I ( I .;ct'f Cecil \'ancssa [ritz < ;oodman. Sam .loan Gust Nl:~rk Lindner ~rucc Mumm .l~tck Williams t 'ascv Wol l'f [998 MINUTES X X X X X :'ql:~l'l' I)rcscm: .l~tson .";x~cat, Grog Mihalic. Susan ~. ;olden. Jo;rant I)alhcx Fhc meeting wz, s called to order at 8:45 by Chairman, Joan Gust. There x~ its a tluortm, present. ,~c,:m introduced guests Christine Chesser and Fred Thomas. I'hc plaque was not available to be pre,eft'ted {0}Van~ssa and will be presented at thc November X'ancssa made a motion that the minutes of thc August meeting bc ;~ppr,)xcd. Xlt>ti,,n xx;,> ~ccondcd by JclT Cecil and approved by unanimous votm ~Spdatc on Land Acquisition: Brace stated ttmt the wetlands map has bccn completed ;tntl ~,rcscntcd a copy to the committee. Discussion fo]lowed. .~;tson handed out resumes of applicants who have applied for thc vacancies on thc COlltlllissit)I1 cr'l~ctivc October 1, 1998. The applicants are Robc~ Fulton. Christine Chcsscr ;md ,Xl;t;'k l.indncr. After reviewing thc resumes, and discussion, thc commission :~grccd to rcconlmc~d Xl;trk Limlncr to hc rc:q~pointcd for another term, :md Christine ('hcsscr to hc :q~pointcd h~ thc '.:~c:mcv lcl~ by Nlark :Mom Smith. Joan will corn,tot Jack Will/:m~s to lind Otll il' hc pl;ms I~, ~111;1~11 Oil thc coHl;lliSSioll. hc ('hai rmLm showed ;t video tape on Single Room Occupancy. lhcrc being no l'urthcr business the meeting adjoun~cd :,t 10:00. ibc ,~cxt meetin,~ will be held on November 19. AFFORDABLE IIOUSING COSI.",IISSION AFI;'OILDABLE IIOUSING AI)VISOI>,Y COSI311TTEE COI.LIER COUNTY DEVELOPSIENT SERVICI.:S BUIIA)IN(; 2800 NORTII IIORSESIIOE DRIVE - CONFERENCE P.{)O3,1 "E" DECEMBER 17 1998 MINUTES 16G .IcffCccil Christine Chcsscr \/ancssa Fitz Goodman, Sam Joan Gust Mark Lindner Bruce Munlnl Jack Williams Casev \Vol ff X X X Start'Present: .lastm Sweat. Susan Golden. Joannc [)albcv I'hc meeting was called lo order at $:30 a.m. There was a quorum present ..- ,:',_w~ '~' .,',: JcffCecil made a motion to approve thc minutcs ofOctobcr 22. :',)S. Sam seconded the motion. Motion passed tmanimously. , 1'~ t:1 'I u ' o i · .' : Jason passcd out copies ofthc rcport on thc { ;ommittec, prepared by Joan and Jason, stating thc accomplishments of thc Committee ~cport will be presented to thc Board of County Commissioners at th~ January l * 1999 ['he report is required by ordinance to be presented every four years. Jason asked that Jo,:~ present at the meeting to present the repom-JasOn advised that starting 1999 thc BCC will on thc second and fourth Tuesdays of the ' ' '~;: · month~. D~scussion ofeach of the requirements ,,~' thc commission in the ordinance followed.. :~'4''~, ~: '~ff}~ ' ~ ' ' : Discussion on how to acquire thc lois question. Joan suggested CHODO should be the one to do it, because they arc thc ones th;at can bring ail thc dements together that the government seems to want now. thc public ;md private coming together. Joan stated this committee is not the only one t~,ing to get those lots off'thc t:tx roll as a deficit and into thc profitable side of thc Icd~cr. Other commitlccs arc havinu same problems x~ c have. Brace stated there are 20{) lots involved with about 5(I i~l an area xvhcrc there is good activity going on, the area in the vicinity o[Orange Tree. Ih'ucc also stated that about a month a? hc scm to.lira Carter an outline that was basically 'Tut them back tm thc lax rolls". Bruce did not have a copy of thc outline with him lbr thc Colnnlissioll to review. I Ic did have Jim Carter's reply however hc chose not lo hand it out to thc C'ommissxm. [h'ttcz~ slated did not want other input at this time and WOuld have a complete package for thc thc Janua~' meeting Susan handed out a copy ofthe Work Plan for Collier County and City of Naples Florida, Xt'l~rdablc Housing Comm[ssion containing a set of goals that had been looked at by thc ('ommission some years ago. Susan suggested there might bc goals that still interest the ~ 'Cr~ ~ I V' .1 · '- Sam nonlinatcd Joan [bt Chair for anc~thcr term..Icl'I'mmlc that Joall rcm:fin as Chair and Sam as Vice Chair. Motion was seconded amd :~ppt',>vc,l ~: Jason suggested lhat due to tile lcnl4th of'today's meeting that Jiscusscd al thc Janua~' meeting. Joannc was asked to send a fax to members c n~ccting reminding them to bring at least one goal with them. .);~soi1 a~l)loullccd that hc is leaving the County ax~d~ moving to Dallas, '['cxas. therein,re this will his last meeting. '~ Fhe next meeting will be held on .. '.lcetin~ adjourned at 10:00 a.m:: ~.:~ AFFORDABLE IIOUSING COMMISSION AFFORDABLE IIOUSING AI)VISORY COM,~.IITTEE COI.IAER CO UNT'~ DI-,\ ELOP5IEN F SERVICI.~S BUII,IJIN(; 2800 NORTI! IIORSESIIOI.: DRIVI.: - CONFICI~,ENCE JANUARY 21, 1999 ~IINUTES Jeff Cecil Christine Chcsser %inessa Fitz Goodman, Sam Joan Gust Xlark Lindner Bruce ~lumm Jack Williams Casey Wolff X X X X StaffPrcsent: Grog Mihalic, Cormac Giblin, Susan Golden, Joannc Da/bev X X .\' 1 'I ]~c meeting was called to order at 8:40 a.m. There was a quorum prescm. Thc Chairman commented that her presentation of thc Af/brdablc I lousing ('ommission Report tt, the Board of County Commissioners went well. Grcg announced that Connac had been promoted to Jason's position and would ~};e staffinu the AHC meetings. . ~ Jeff made a mot/on to accept the minutes of the D~ccmbe,. 17, 1998 meeting. Sam seconded. Mot/on pass unanimously. Presentation of plaque still was not made due to the absence o£its recipient. 'I'hcre has still been no word from Jack Williams regarding his rcs/gnat/on. Joan advised she has talked to him alld Jack agreed to send a letter of resignation since he lias lllovcd out of Collier ('{,tmty, however, ti~is has not been done to date. Joan will tD, to contact Jack a~aitl. Susan will [I'V to COlllaC{ ValIcSSd. ~ Land Acquisition Update: there was no report since Bruce ',,.'as not prcscm. Cop/es were handed out of the outline Bruce sent to Jim Carter entitled 'Tut them back oa the tax rol/s". Cormac will chock w/th other count/es on what their plan is on land acquisition. Discuss/on lb/lowed. ('ore,ac prcscmcd an analysis of SlllP foreclosures which had been questioned during a rcccm meeting. Of the 500 plus loans given out 24 foreclosure notices were received in 1998, however. in checking into the notices, only 4 appeared to have been foreclosed on and arc now owned by either HUD or the first mo~gagc holder. This is an excellent record. The (~haimmn stated that the land aCqUlsiti°h ~:e~0rt ,,viii be put on the agenda agaiz~ for the Febru'ary meeting and Corma¢ ',','ill have in£ormation from other counties to report by that time. ~ Four goals were discussed and decided on. · Land acquisition · Pre-approvcdplans · Education plan · Housing Fair (title: "You can buy a house") Suggestion was made that the ttousing Fair be tied in with National t-lomc Ownership Week in J u~1¢. The next meeting will be held on February 18. Yh!iibcing no further business iii: m?tinl ~j~umed at 9:40. DATE: PLACE: RECEIVE[:: COUr T¥^mmRT^UT} OR, , 1. Febmao'8,1999 Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL l:00pm ,An)' person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimonv and evidence upon which lhe appeal is to be based. Call meeting to Order and Quorum Check Approval of Agenda Approval of January l l, 1999 Meeting Minutes Administrative A. Employee Recognition and Reward Program B. Hangar ConstructiOn Contract V. Everglades Airpark A. Obstruction Removal Immoknlee Regional Airport VII. Marco Island Executive Airport A. MSF Aviation Flight School B. Taxiway Project C. B-I 7 and B-24 Static Display D. Marco Island Film Festival E. Marco Helicopter Tours "Z'. Copies T0: Collier Count.,., Airport Authority Agenda February 8.1999 Page 2 VIII IX. Old Business A. North American Top Gun 13. Marco Commuter Sen'ice C. Civil Air [~atrol Ne~v t?,usiness A. Airport Capacity Committee Adjournment COLLIER COUNTY AIRPORT AUTttORITY MINUTES OF JANUARY 1 I, 1999 MEMBERS Michael Williams Richard Anderson Herbert Noren :PRESENT: Ernest Spinelli Gene Schmidt Steve Price ':ABSENT: Monte Lazarus STAFF: John Drury Thomas Palmer Gall Hambright PUBLIC: Ed Welch Luc Cartiere 1 I. MEETING CALLED TO ORI)ERAND QUORUM CItECK Meeting called to order at 1'15 p.m. and quorum was present. II. APPROVAL OF AGENDA Request for Sale of Non-Direction Beacon and North American Top Gun to bc added to New Business. Mr. Price moved for approval of Januar3,, 11, 1999 Agenda as amended. 5Ir. Anderson seconded the motion. Motion passed unanimously. Missing from Minutes of December 14, 1998 was the approval to sponsor a canoe in Thc Groat Canoe Race at Naples. Mr. SpineIli moved ~o approve the minutes of December 14, 1998 as amended. ~lr. Price seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. Bonded Warehouse ,".Ir. Drur5' up-dated the Board on the bonded warehouse and recommended that staff be authorized to continue to negotiate a lease with Global Technologies, Inc. and make joint applications for thc CDBG and Federal USDA grants· .Xlr. Anderson moved for approval of recommendation. ),Ir. Price seconded the motion. Motion passed unanimously. Collier Count.,,' Airport Authority Minutes Januao.' I 1, 1999 Minutes Page 2 1 B.. ()l'fA/r ~m C~ P, ental Policy .Mr. Drurv reported that an interest has been expressed from off Airport car rental agencies to serve tile Marco Island Executive Airport. Recommendation: Staff recommends that the off airport operating agreements for car rentals include terms listed in the agenda summary and lhat the Executive Director be authorized to execute these agreements on'behall'of the Airport Authority. Mr. Spinelli moved fi)r approval of recommendation. 5lt. N.ren seconded the motion. Motion passed unanimously. Sho~4 i- st commiuee _ General Consultant *Ir. Drur3' reported that staff is in the process of developing and RF() for General Consuhant. Dufresne. Heno.' lnc.'s contract expires this August. Recommendation: That the Authority establish a shon-listin,, commit:c~_, to ? through the many proposals that the .'\uthoritv will receive. /\ recommended list would be as follows: .\Ir..',IichaeI Williams. Airport Authority Chain:nan Airport Authority Board ,Member Xl'r. John H. Drury, Executive Director Mrs. Jo-Anne Learner. Finance Mana~,cr ,",Ir. Steve Carnell, Director of PurchaSing ]'he Chairman requested that Mr. Spinclli ser~'e on this Board, he accepted. 5Ir. Pr/ce moved for approval of recommendation and :~ppointmcnt of :\Ir. Spinelli. Mr. Anderson seconded the motion. Motion passed unanimously. D. Corn arativeFuel Sales Re orr *Is. Learner up-dated the Authority on the Comparative Fuel Sales Report and ansv,'ered related ques£ions. £!. T-I km'.:nr-Waitin,, I ist P~llc,: .k!r. Drur.v up-dz:tcd thc .,\uthority on tile currc:u waiting list at thc Marc,~ Islar:d Ex::cuti,,'e Airport For t-han,.2ars, its breakdown, and thc dcveh~pmcru oI' thc next t-hangar to be built. Collier County Airport Authority Minutes January 11, 1999 Minutes Page 3 1 Recommendation: That the Authority develop tv,'o waiting lists a sintzle engine list. and a twin and turbo prop list. When a hangar is constructed wc .offer beginning with twin owners and alternating with single entzine o;vncrs available hangar space. '- Discussion was held and Mr. Price agreed to discuss with blt. Drury alternative to remedy t-hangar usage. EVF. RGLADES AIRPARK A. North Turnouts Work Orde__._.._~r .".Ir. Drurv reported that the Authority has nc~zotJated a work order wilh Dufresne-Hen0' in the amount of $9..5.400.00 to construct thc north turnout work at Everglades Airpark. Recommendation: Staff recommends that the Authority approve Dufresne- l~{enry's work order in the amount of $9,200 and authorize the Chairman to execute the work order upon approval being received from the Florida Deparunent of Transportation. Mr. Price moved for approval of recommendation. Mr. Anderson seconded the motion. Motion passed unanimously. B. S~mth Aircraft Turnout-Professional Eneineerin~ Sen:ices ,",Ir. Drur3- reported that the Author/tv has negotiated a work order with Dufresne-Henry in the amount of S2{1,500 to construct the south aircraft turnout-professional engineering sen'ices work at Everglades AJrpark. ' Recommendation: Staff recommends that the Authority approve Dufresnc- t/enr)"s work order in the amount of $28,500 and authorize thc Chairman to execute the work order upon approval being received from the Florida Department of Transportation. Mr. Schmidt moved fl}r approval of recommendation. seconded the motion. /Motion passed unanimously. Obstruction Removal Pro'ect-E'nvironmental Issues ,,',,Ir. Dru~' up-dated the Authority on the obstruction environmental issues. 5Ir. Spinelli removal project- Collier County Airport Authority Minutes January 11, 1999 Minmes Page 4 1 VII. VI. I~I*IOKALEE REGIONAL AIRPORT ,'\. ,'\lrh .Id Si,,n. a~e --- Prof'e~ ~neefinu Service .',Ir. Dn~p,.' reported that the A. uthoritv has negotiated a work order in thc amount of' $11,000 with Dufresne-He'nrv to desitzn engineer airfield signage at the [mmokalee Airport. Recommendation: Staff recommends that the Authority approve Dufrcsnc- [[enry's work order in the amount of $11,000 and authorize tile Chairman to execute the work order upon approval being received from thc Florida Department of Transportation. Mr. Schmidt moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. Nit. DruO. reported that the Author/tv has negotiated a work order in thc amount ot'546.200 wid~ Dufresne-tten~. to light runway 18-36 et hnmokalcc. Recommendation: Staff recommends that thc Authority approve }tcnu"s work order in the amount of S46,200 and authorize thc Chairman execute tho work order upon approval bcinu received l?orn thc f:h)rida f)cpaamcnt of Transportation. ,Mr. Spinelli moved fl>r approval of recommendation. seconded the motion. Mot/on passed unanimously. C. RFP Fli~oht School 3, Ir. Anderson Xlr. Dru0, updated the Authority on the RFP Flight School. MARCO ISI.AND EXECUTIVE AIRPORT A. Prot~e~ F~trin~ ~'rvices '\'Ir. I)mrS.' reported that the Author/tv has negotialcd a work order in thc p. rrn',ur'~t of $34.?00 with Dufresne.ltcn~. Io rep/ace old liuhtint2 system with a nc'a lighting system. ' - ~ . ,\Ir. N~ren moved for approval of rccomniend:ilion. s,:conded the motion. ,~Ir)th)n passed un:lnimouslv. t\lr. Spinclli Collier County Airport Authority Minutes ~January 11, 1999 Minutes Pm2e 5 VIII. OLD BUSINESS IX. 'S'lmco'lsl:m:d'Exccuti,,,,c Airport parking Recommendation: After much discussion it was dccidc that Mr. I)mrycontact Civil Air Patrol inI2~rming them that thc Authority ,,','ill gix'c them 4q days to rcm~,xc their trailer from the Airport grounds. - 5Ir. Price n]oved for approval of recomn]endation. Mr. Anderson seconded the motion. Motion passed $ to I. NE W II USINESS A. &ale or'm-Directional Beacon Mr. Drury reported that the Authority de-commissioned thc NDB and requested authorization from the Authority to s~II the NBD monitor for $250 and the antenna for $250. Mr. Sp[nclli moved for approval of sale of the NDB. Mr. Noren seconded the motion. Motion passed unanimously. B. North American To Gun Mr. Drury reported that last )'car North American Top Gun came down and' for 2 weeks you can become a fighter pilot. A fee is charged, you go into lhe airplane and do fighter pilot maneuvers. Mr. Drurv ,,','anted to inform the Authority that the.,,' ,,','ill be coming down again in Fcb~ao.. X. ADJOURNMENT Y, lccting adjourned at 2:55 p.m. 1-- TRAI~SCRIPT OF THE MEETING OF THE SOUTH CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida, January 8, 1999 LET IT BE REMEMBERED, that the South Code Enforcement Board, in and for the County of Collier, having conducted business herein, me~ on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following memb~:3 present: CHAIRPERSON: Alternate: Randy E. Merrill James E. Lavinski Kathr},n Godfrey- Irwin Rhona E. Saunders Diane Taylor Robert Lockhart Lewis P. Oxley William T,, Lewis Jack G. Stirling ALSO PRESENT: Maria Cruz, Code Enforcement Specialist Jean Rawson, Attorney for the Board Michelle Arnold, Code Enforcement Director ~ris Carter Ccmstantine H.)c'Kte ~erry Da~e: Janua~/ 8, 1999 at 8:30 o'clock Location: Collier County Gover~en~ Cen~er, A~. Bldg, 3rd Floor 1 NOTE: A~Ff PERS©N '~'HO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A REC©~iD OF THE PROCEEDI~;GS PERTAII;ING THERETO, A~D THEREFORE MAy NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMO1;Y AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTy NOR THE C©DE ENFORCEMEI~T BOAP~D SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 2. 3. 4. Nove,,-zber 13, 1998 A. BCC vs. GERALD B, HUlfPHREY AND JANICE D, HUMPHREY B. BCC vs. LEONARD A. AND ALISON A. MCCULLOCH C. BCC vs. LEONARD A. AND ALISON A. MCCULLOCH D. BCC vs. JAMES P~SKI, ET. UX., AND DELORIS PENSKI E. BCC vs REBECCA L. BENIFIEL AND THOMAS H. VILBERG F. BCC vs DAVID G. HASSENPLUG AND JANET M. HASSENPLUG G. BCC vs DAVID G. HASSENPLUG AND JANET M, HASSE:;PLUG H. BCC vs CHOMAS 14. TEUFEL i. BCC vs WILLIAM T. A~ NAO:4I L. SHIRLEY J. BCC '/s WILLI~4 T. A34D NAOMI L. SHIRLEY K. BCC ';s CHARLES HENRY AND R~IATE HENRY CEB NO. 99-001 CEB NO. 99-002 CEB ~O. 9~-003 CEB NO. 99-004 CEB NO. 99~005 CEB NO. 99-006 CEB NO. 99-007 CEB NO. 99-008 CEB NO. 99-009 CEB NO. 99-010 CEB NO. 99-011 L. ECC vs. MICHAEL A. HENRY A/iD RENATE B. HF2IRY CEB NO. 99-012 M. BCC vs. MICHAEL A. HENRY, CHARLES HE~URY ;diD RENATE B. HE,~IRy CEB NO. 99-013 N. BCC vs. ROBERT L. STEPHENS, JR, A~CD A/%~; STEPHENS CEB NO. 99-014 O. ECC vs. ROBERT L. STEPHENS, JR., A3~D A2;N STEPH~24S CEB NO 99-015 P. BCC '~s. ROY J. LOONEY ' CEB NO. 99-016 Q. BCC vs. J. VICTOR SIM, ONE, KAREN GENTRY, ;CID GENIE ~b~J;E CEB NO. 99-017 R. BCC vs. DAVID GiLLIS AND BOBBIE J. GILLIS CEB NO. 99-018 S. BCC vs. ROBERT L. ROSSI & GLENDA GAIL ROSSi CEB NO. 99-019 T. BCC vs. ROBERT L. ROSSI & GLEHDA GAIL ROSSI CEB NO. 99-020 U. BCC vs. ROBERT L. ROSSI & GLE~qDA GAiL ROSSI CEB NO. 99-021 V. BCC us. DEAU~ILLE OF NAPLES COHDO,",IHILT~ ASSOCtATIO;~, iNC. CEB :10. 98-021 February 12, 1999 January 8, 1999 Om .CHAiR~.tzd~ MERRILL: Okay, we're ready to proceed. I'll open eeting of the South Code Enforcement Board of Collier Count},, Florida; call it to order and ask that roll call be taken. MS. CRUZ: Good morning. For the record Maria Cruz code enforcement official. ' , Kathryn Godfrey-Irwin? MS. GODFREY-IRWIN: Present. MS. CRUZ: James Lavinski? MR. LAVINSKI: Present. MS. CRUZ: William Lewis? MR. LEWIS: Present. MS. CRUZ: Robert Lockhart? MR. LOCK~,T: Present. MS. CRUZ: Randy Merrill? C~IAIRM3tN MERRILL: Present. MS. CRUZ: Lewis Oxley? MR. OXLEY: Present. MS. CRUZ: Rhona Saunders? MS. SAI/NDERS: Present. MS. CRUZ: Diane Taylor? ; MS. TAYLOR: Present. MS. CRUZ: Jack Stirling? MR. STIRL!NG: Present. CHAIRMA/.I MERRILL: Next item on the agenda is the approval of genda. Do I have a motion for any additions or deletions to the genda? Hearing none, do I have a motion to approve the agenda as printed? Motion to approve as printed? MS. SAUNDERS: I'll so approve. I so move. CHAIRriAN MERRILL: Second? MS. GODFREY-IRWIN: I'll second it. CHAIR~fAN MERRILL: Moved and seconded. A_ny discussion? Hearing no discussion, all those in favor, indicate by saving aye. All opposed say same. (No response.) CHAIRMJtN MERRILL: Motion carries. Before we enter into the public hearings, folks, let me make an announcement. We don't get paid to do this, and it so happens that have to be in court at about 9:10. So at 9:05, we will take a recess. and the vice chair will take over until i can get back. So when that happens, it's -- I don't mean to cut anybody off or inconvenience you, but to let you know that's what's going to happen. We'll now move into the public hearings. The first case on our agenda is the Board of County Commissioners versus Gerald B. Humphrey and Janice D. Humphrey, Code Enforcement case nu~er 99-001. Ail those who will be testifying in this matter, please come forward and be sworn. Anyone from staff going to be testifying, or not? ;.IS. AR~;OLD: Excuse me. For the record, Michelle Arnold. ~,ly ike's zot ,..,'o~-~-~,,~ very we~l We had a recuest from the petitioner, tke D,~a'~'.'~ie case, ~o be moved up prior to -- that's up to you. Page 2 January 8, 1999 That's a request from the public. And you have the option whether o~ not you ,want to adjust that on the agenda. I know that you all approved the agenda a minute ago, but -- CHAIRMA~N MERRILL: Let me do this, we have a lot of people irt t~t, audience, and I think it's safe to assume that the majority'of the people are for similar type cases -- MS. AP~NOLD: Yes. CHAIRr~'~ MERRILL: -- is that right? MS. A~.[OLD: The items A through U are similar -- are all simiia cases, and item V is the item that the petitioner is requesting to b~. moved. CHAIR~'I MERRILL: Is there anyone on the board who has any objection to moving -- leap frogging the one case? Folks, there's a lot of you here. There is one case that affect all of you. Just as a sense and a courtesy, do you have any objection if we take that case first and then hear all of yours together? Everyone's shaking their head kind of no. Ail right. Then have a motion from the board to reconsider the approval of the agend.~ and move item V to item A? MS. SAUNDERS: So moved. CHAiR~Z32q MERRILL: That's moved, is it seconded? MR. LOCKHART: Second. CHAiR[ZjIN MERRILL: Moved and seconded. Any discussion? Hearing no discussion, all those in favor of the motion, by saying aye. Ail opposed say same. (No response.) CHAIRMgd~ MERRILL: Motion carries. If you would, please, we'll get right back to you. It will the next case in line. So ~he acenda shall now read item V becomes item A, item A the following would go alphabetically, starti:~c at B down. We're now at Board of County Commissioners versus Deauviile ~Japles Condominium Association, Inc. Code Enforcement Board case number 98-021. Ail those in -- people that will be testifying in this matte~ please come forward and be sworn. MR. LAViNSKI: Mr. Chairman? CHAIRMA/~ MERRILL: Yes. MR. LAVINSKI: I'd like to be excused from sitting on this because of a conflict of interest. I am the site manager for Deauv!e o~ Naples and have been involved in this process. CHAIRMAN MERRILL: Thank you for that announcement. Any other announcements on any interest that would be confli~" to the issues in this case? Hearing none, okay, if we could have the people sworn in, (Ail speakers were duly sworn.) CHAIRM~ MERRILL: Thank you. And I'll state this so that :.,or ti~e benefit of everyone. The way we proceed is somewhat similar ' a court. Although we don't follow rigid rules of evidence, the will have the opportunity, if they wish, to make any opening rema:k~. '7hen the respondent will have an opportunity to make opening rem T.'ag e 3 January 8, 1999 ;<: ir'..' to limit those to be brief and narrow the issues. At that time we'll take testimony from the people that have ~'~.'orn in as witnesses, starting with the county and any testimony -- any witnesses that they have We'll take them on a one-by-one sas is. ' After one witness testifies from the county, the respondent their representative will have the opportunity to ask any questions lhat 'witness, based on what that witness has testified to. It's ihe opportunity that you have to testify or to tell us what '.,'our si~i,. ~'~ the story is. You will have that, but not at that moment. Once the,.., have finished with all of their witne:~ses, then it' ycur opportunity to tell us whatever you want to tell us about you: position. They will then have the opportunity to ask you any ..~us=~ons abou~ what you have told us. At the end of all of that we will close the evidentiary portia}::. :~" w~ll have the opportunity to make any final summation or closiu~ :'ez~arks. We will end the testimony portion and the board will go a iiscussion on whether or not we one, believe that a violation has teen committed, and two if in fact a violation has been committed, ',,'.n~.' the board's decision would be to resolve that violation. So having stated what the procedures are, 'we will proceed with '"'~: case by having staff hear opening comments, if an,,/. MS. CRUZ: Good morning, Mr. Chairman. Again, for the record :< ~: ~a Cruz, code enforcement official. ' The case before you, CEB-98-21, Board of County Commissioners '~rsus Deauville of Naples Condominium Association, Inc. Let the -ecord reflect that Helen Philbin, director and president of tile association, is present. Staff has prepared a composite exhibit and proviqed it to the b.';ard, to the respondent and to the court reporter. At this time, request that if there is no objection from the respondent's re:~resentative, to admit this composite into evidence, please. CHAIRMAN MERRILL: Ma'am, could I have you stand at the podium? ;,x<! --he reason we ask you to do that is because there's a microphone ih.e:e. This is being televised and we won't pick you up otherwise. Cculd ~ have your name, please? ' MS. PHiLBIN: Yes, my name is Helen Phi!bin. CHAIP~,~tA/4 MERRILL: You've heard what they've said, that there ~ ~cke5 that was sent out to you. Have you received that pa ' ~ . CK_to >IS. PHiLBIN: Yes, I have. 3HAiR~.~JC{ M~o~?: ...... ~: DO yOU have an}' o~jection to that packet b,:i;. ~:.' : ~iuced a~ this hearing? ,%:S. PHiL~IN: No, i do not. CNAiRF~AN MERRILL: Without objection, that ','ill be marked ,ts MS. CRUZ: Comoosite Exhibit A. Th'AiRMAN MERRILL: -- Composite A, and introduced at that time. Any time that you want to make any remarks, you'll, have to be s} :r~ ilng~ there. Sorry, there's no chair. ;,IS. PHiLBIN: Thank you. That's fine. '/HAl .... ~' MERRILL: All right, any other comments before we open} XtS. OK" ,: 'fas, sir. I'd just like to add ~hat the subject .;'-':'~}' being brought before this board is Deauviile Lake Club lo:: !x:]inium. It's more particularly described as Section 17, Townshi: 50, Range .16. Parcel 19. The owner of record of the subject property is Deauville of 'Naples Condominium Association, Inc. Address of record -- mailing address is 6736 -- excuse me, 5184 Deauville Lake Circle, apartment B-301, Naples, Florida, 34112. The alleged violation is existence of exotic plants, including B~'azilian pepper, melaleuca and earleaf acacia in the open spnce and preserved area. The violation was first observed on November 19th, 1997. The ' most recent notice of violation to the property owner was issued Septe~er 22nd, 1998, with a compliance date of October 5th, 1998. The final reinspection was October 9th, 1998, revealing the violation remaining. C~IR~,~: MERRILL: Call your -- do you have any opening commen[ s you would like to make? ~ MS. PHiLBiN: Well, first I would like to correct the mailing. ~address of the property. The address she gave, 5184, is incorrect. ~It's 5784. That happens to be my address. The proper address of the property is in care of Robert Hall & Associates, our management company. So I'd like that corrected. OtheTM ,~ ,~se, it seems to be in order. C~iR~ MERRILL: Have the proper owners of the property no[ified of that hearing through this packet? Did you make them awa re ? MS. PHiLBiN: Yes that was -- yes, I did make %hem aware. C~IR~ MERRILL: And are you here representing them in an official capacity? MS. PHILBIN: Yes I am. C~IPj.~ MERRILL: Ail right then, if ycu'!i call your Wltness. MS. CRUZ: Yes, s~r. A~ this time, i'll call Kiu'~erlv Keohane. MS. KEOH;C~E: Good morninc, board members. CHAIRr,L~2i MEF. RILL: Good morning. MS. KEOHiC~E: On Nove~er 19th of 1997, i did a site inspection and found ~he exis~e,.c_ of exotic plants, pr~mari!y Brazilian pepper me!aieuca and earieaf acacia in open space and preserve areas. no~iced ~he board and the registered agent on November 24th of 199'? MS. SA~IDERS: Excuse me, but we can hardly hear'. MS KEOH;C{E: Okay, thank you. I a ..... ~d -- of a compliance date of Dece~er -- a compliance date Dece~er 18th of 1997. The board informed me that they would desire a 90-day extension, which was granted, until March 1st of 1998. And the staff granted that And that gave them more time to come up ~ .... a maintenance plan and to schedule the actual removal of exotic plants. Then i went on leave and invest~ ~ca~or Alex Suleck{ handled ~, cas~ aft~~ ! -'~' on iea-.,e so she s coinc ~) come un arid ~{nish t* ,. ues ~monv. MS. SULECKi: Good morning. M'~' name is Aiexandra Sulecki. ['~'. CHAIRM~! MERRILL: Before we do this, take witnesses one at a time, if you ',.'ouid please stay here on '/our tes"imon.:,. She ma':' some cuestions of you Do you have any -:~,,~" i~ns for January 8, 1999 MS. PHiLEIN: No, I have no questions. C}:~AIRFutN MERRILL: Then I'm sorry to bring you back up. MR. STIRLING: Speak a little louder, too, please. MS. SULECKI: Okay. I was asked to -- or I started handling Ki~/uerl':, Keohane's cases while she was on leave, and on JulQ 24th, 1998, I conducted a reinspection to see if there was any progress thc e:<otics removal. I spoke ~o a contractor who advised me that he was in the of removing all of the exotics except for those in a 40-foot richt-of~way easement directly adjacent to County Barn Road. I spoke with Mr. Lavinski who was -- I was dealing with on thi:~ mat~er and advised him that the association was also responsible remora! and maintenance cf exotic plants in the right~of-way easements. I conducted a reinspection on Septer~er 22nd and f. ound that %he exotics had been remo'zed, with the exception of t'hose in the easer~ent. I issued another notice of violation pertaining only to~ ~ho~,e e:.:otics, and ,compliance -- and then after tile time of compliance, a reinspection and found that those exotics had not been remove~. This case was forwarded for your advice. CSiAIRr,LA/: MERRILL: Thank you. Do you have any questions of her? MS. PHILBIN: I just have one question. In your' reinspections and first inspections, did you -- were you aware of exotics growinq ny"where else but on our property? Adjacent properties abutting lands, had you noticed any exotics growing there? MS. SULECKi: I did not specifically notice exotics growing ?.dj acen~ lands. ! did not look there. MS. PHiLBiN: You didn't look. All right, ~hank you. CHAiP.:.tA~? MERPILL: ;tnything else? MS. PHILBIN: No, that's it. CHAIP. F3-2{ MERRILL: Anything else based upon her questions? MS. ARNOLD: Yes. Alex, did you receive any verification as u~.._ resuonsibi~~ ,_~t'/. for removing of exotics in ~h_~ easements? MS. SULECKi: Yes, I did. When the original objection came after my original reinspection on August 24th, I spoke ,with Mr. Lavjnski, and he noted that the objection to clearing those was ~hat there '~:as going to be a future e:.:pansion of Count'/ Barn which ma':' ~nc!ude this area. I then ccnr. ac~ed the transportation department and was advised '.'~ Vladimir U'-ziw, 'who is [he Drojec~ planning manager that this road 'was no5 included in the county's five-year plan for budgeted projects and wouldn't be expanded for at least five years. MS. PHiLBIN: No questions on that. CHAIRMAZ,; MERRILL: Anything else from either side? MS. ARNOLD: No. CHAiRMA3; MERRILL: Thank you Any more witnesses? '! MS. CRUZ: No, sir. CHAiRr,tAt; HERRILL: A~ this time it's ':'our opportunit,:' to tell ':'thing that you'd like to tell. us. MS. PHiLBI~: if ! could read m':' statement? Ja::'~:ary 8, 1:}99 CHAiR[.L'C: MERRILL: Sure. MS. PHiLBiN: First, I would like to thank the chairman and members of Zhe board and the me~ers of the audience for allowing ts go first. I appreciate that courtesy and -- CHAiR;,~ MERRILL: You're welcome. MS. PH!LBiN: -- Deauvi!le of Naples received two separate nctices of ordinance violation back in 1997 and one in September o~ 1998 . With respect to the notice and the order to correct in 1997, had cited Agreement D, which dealt with archeological and historical artifacts and had thef been discovered during construction and what wculd have to be done. However, the observations from Investigator Polen was that exetic plants -- Brazilian pepper, melaleuca, earleaf acacia -- existed in the open space and a maintenance plan was not on file. In the same notice, we were directed to take co,re_tire~ ~ actions if removing the exotic plants and submitting an exotic plant r~aintenance plan to prevent a re-invasion of the open space and :~reserve areas. ~e could not reconcile the violation of Section D with th~ ~%vestigator's observations, and we did, as she said, request a 90-day · ~z'~ension, which was granted by the county. Subsequent to that, we requested a full and complete copy of the Agreement 88-i02, which was between Chatham Lake Development '-rporation and Collier County. Also cited was regulation SDP-8008. Scmetime in January of 1998, a copy of the complete ordinance and ~ tree removal permit issued to Chatham Lake Development was obtained [>v the association, which listed the Chatham Lake Development ~rporation and its r -'~ epresen~ative, William C. McKinley, Associates. Xc informal!ch cn regulation 89-108 was ever received. Upon ~ -.'~. ,e~_w of the submitted material, we concluded that the hcsice of ordinance violation and order to correct had been improperly written in citing us in violation of Section D of Ordinance 88-102. Xe were made aware, through additional information received at ~hat 'ime, that Florida Statutes require every property owner to maintain his proper~y free of specified exotics, and although the citation was wrong, the or.der to correct by removing the specific exotics was not. Withou~ any delay, in January of '98, the association obtained lhe services of N~{CO, requesting that they submi5 a management plan for clearing ~he Deauville proper~y as specified in the violation and -tier. Such plan dated April 13th of '98 was reviewed, acted upon and ~:tkor~zed by the association. A copy of ~he same was sent to lxvestiga%or Polen on April 28th, which described three phases of work. Such work was planned in phases for financial reasons, since -he firs~ vio!asion was received in November of 1997, and our budge'. ~?~r 1998 had been prepared and approved with no provision for this ~,c.~. ke~.;:: ox Phase i, which included the north property and ;..r'~h half o! ' ke west line alone County Barn Road du: inc~ th~: ',.'e~k . - ~ -,~-. . ..-,-~!. was completed. - a~ a cos~ ~ $.; Phase i' '.'as completed during the week cf July the 20th, wi~h '-~<';.-'ptiox of a slr{n 25 fee[ by 600 feet along the south hal[~ abutting ~"xty Barn Ro~d, and which comprises only. one .u~- .... .. of our total Page 7 January 8, 1979 Oarea. This ','as at a cost of $14,195. Phase iii, which was the east side of the property abutting thc Royal Wood Golf Course, was completed in August of '98 at a cost o£ $1, 500. Add Go these figures the cost of the north line survey of $450, and you have a grand total of $21,070 the association' has e:.:nend~d '~"s ear Further, a maintenance plan is presently in place for a sero, i-annual inspection and removal of prohibited exotics where indicated. The cos5 for this program, for 1999 is $800. If we are required ~c remove the exotics from the remaining one percent of our proper~2...~ tP.a~ cost will be an additional $1,680. An inspection by Investigator Sulecki resulted in a violation o£ ordinance and order to correct dated September 22nd for violation of ordinance 8f-102, Section C, and not D, which was previously incorrectly cited. Our -- these were our facts. With respect to these facts and~ to the original violation and order to correct, we submit that the Deauville ~ak_ Condominium Association was not the proper party to bc held accountable for the filing of a maintenance plan. Paragraph C of the agreement filed December 30th, 1988 between the developer and the county states among other things that a maintenance program shall be implemented and this plan shall be filed with the approval of the natural resources management and community development division. O However, research shows that no plan was ever filed by the Chatham Lake Development Corp., nor was a plan filed by any' subsequent corporation. This failure on the part of both the Chatham Lakes Development and 5he government of Collier Count?' to pursue such non-filinG rendered it impossible for the association to comply with the ordinance, since no plans were ever filed. Assuming ~hat the Code Enforcement Board was able to correctly oversee the various agreements, stipulations and conformance with la',.' entered into with the Chatham Lake Development Corporation, through its remresentative and later through a subsequent developer corporation, Deauvi!le Lake Development Corp. and its president, Av{ Baron, 5hey would have noted that no documents were ~iled by this subsequent corporation prior to or after the August 19th, 1992 turnover date [o the Deauville of Naples Condominium Association. A[ suci] turnover, no documents relating to the development of condominiums were received. No maps, no plans, no financial audit, local . p ..... no _ Da r~'-s, money held for tile association, no money owed to association, and certainly no other papers necessary for us to operate under and uonform to the law and regulations were received, or turned over to an',' of our legal representatives. Thus ' - := would appear that the developer, Chatham Lake, and/or Deauvi!le Lake Club Development Corporation, appeared to be the parties res~o~sibie in this matter Yet ~ ~ - · perm_ts and certificates of occupancy '...'ere issued to the developer by the county without benefit of a cursory inspection, it should be noted r. hat such developer continues ?:~s ©notations in Collier County. Ii ':'o.~ '...'il' recall, 'four re_~ords will indicate that this assc~ia2ion came before this board several times i:] 1992 and 1993 Page Ja.q~a r}, 8, seeking relief from Mr Baron's fa{1 . · - u:e to comsiete the recreaEiona] amenities and failure to turn over the recreational parcel to Uhe association. During tha~ period, fines were levied by ~his board against Deauville Lake Corporation, which to this date have not bee~ collected, and the lien on the property remains uncollected. We, ~he association, hold a summary judgment issued by Judge Brousseau in the Collier County courts in the amount of $365,000 against ~he Deauville Lake Club Development Corporation, which wi!! also never be col!ec~ed. As a result of this failure, our association has incurred a liability in excess of three-quarters of a million dollars, which has been passed on mainly to our trusting retirees, w~o for the firs~ time in their lives have ~een initiated into condomini~:m living in Florida· As a resu!~ of the county's inability to assist us in having developer mee~ his responsibilities, we petitioned Tallahassee and lis~ed our grievances. By order dated January 6th, 1997, an order'was entered on the association,s behalf, which required that Mr. Baron iurn over ~o us all ~hat was due under the Florida st ~u~es and imposed a fin~ of $12,000 A copy of that order will be provided,, you so wish. ' Florida has no~ collected that fin e~tn~_. ~'~e have never rece~l~d anything under the order ~ha~ was direc~ied to be · - ' ' . ......... : Ms. Phi!bin excuse me, but wha~ does that ~ve ~o do with -- , ~ - ,, to MS. PHiLB!~i: ~d my back -- it's a li~le background because ~sia9 ~o ask you a question. I'm finishing now. In conclusion, we state t a~temn~o~ . ' he a Resourc=s - 'th the Department of Natural exist. - regarding exotics on their lands, even thouwh such plants If you rea~ from the earliest = report from N~.:CO, you will note that part o~ our problems emanate from overgrowth of our neighbors. in addition, this selective enforcement and the recuirement that we remove the offending exotics has caused a disturbanc~ of our n~iural areas and has reduced our wild animal population. it has been further noticed that since we were obligated and reuulred to .clear this area, our families of redheaded cockaded wozdpeckers who nested in our trees can no longer be seen or observed However. we are still faced with a resolution of the citation of --~ ..... 22nd. The area as cited comprises approximately 16,500 sc'~are feet ia area, which, as previously stated, is one percent of the total area of 1,666,000 square feet of Oeauvi!ie Lake property. in the '.'iz!2tion, the offending portion has bee}l incorrectl}, ~--:'.'atified as heine 40 fe~t in width ~ '- · ~c~ually, it is 25 feet, since Fl~ rlda Power az~.,] Ligh~ cleared 15 feet in 1997 to provide access to [~'~wer lines. The 2S fee~, as you know, lies comp!e~e!y in a r~ ldO-of-way easemen~ for the four-lane widening of County Barn Road. Th.= count}, plans indicated tha~ all growth on this strip, including Page 9 January 8, 1999 ~i'press, slash pine, cabal palms, et cetera, will be demolished to provide a {0-foot drainage swale. it is our request that we be allowed to delay the removal of. exotics on this small area until the road has begun, in order to maintain a sound and pollution barrier that now exists for Our residential units which abut the road, and to lessen the financial hardship on a group of owners already financially overburdened. In closing, let me state a fundamental fact. Selective enforcement never accomplishes the intent of the law as written, but only creates injustice where there was none before, produces animosity among its citizens, and a distaste for governmental authority. Such acEion by government agencies, though often well meaning, causes an atmosphere of distrust in those they attempt to govern. So we are asking for the right to leave that 25-foot strip intact until such time as the road comes through, to provide us with a little more sound barrier and to lessen the hardships we have already suffered. I thank you. CHAIPJ4AN MERRILL: Staff, do you have an}, questions of Ms. ?hilbin? MS. APdTOLD: No. No, we don't at this time. CHAIR~t~2~ MERRILL: Ms. Philbin, do you have any other witnosses ~:~at you have today? ' MS. PHILBi~:: No, no, I'm it. CHAiR>~: MERRILL: Staff, any rebuttal witnesses? O MS. ARNOLD: I'd just ask Alex Sulecki just to come back to : !ium. CHAIR;.t:C: MERRILL: I just remind you that rebuttal witnesses h.:ve to be limited to what she testified to. MS. AP2JOLD: Correct. Just for clarification the distance o~ ~eet, ho;; was that determined by staff? MS. SULECK!: Fort'/ feet is the total easement. Exotics may or ma',' not exist in that 15-foot portion, but 40 feet is the total area. MS. ARN'OLD: ,,e,e those -- 'was that provided on any docum~n[a-~ .- 7rcvided %0 you from the petitioner? .... MS. Su~:.z: That was verbally communicated 5o me by the .2': :: loner. MS. ARNOLD: Was there no correspondenc~ provided to you from ....... s ......... a,ing 40 feet easement, or -- MS. SULECKI: I'd have to check the correspondence. Just one ......... ,~, please. CHAIRP,LAN MERRILL: Ms. Arnold, are you referrinc to something ~hat's in the packet? MS. ARNOLD: Yes. CHAIRMA2; MERRILL: Then if you -- that's in evidence. If you'll -us% indicate what the page is, we can go to i~. MS. AR.UOLD~ There's a letter on page 14. Page i4 . CHAIRb~} MERRILL: Letter dated August 10th -- ;{S. AR:;OLE: Yes. THAIRb{.z2; XERR!LL: -- 19987 ;.:S. ;:R:;$LL: That's correct. MS. PHiLBiN: if i may, there was a letter da[ed September 15th, which was no~ in the packe~. And I can gi':e you a copy. CHAIRM:'-2; ;':ERRILL: You'll have an o~ortun; January 8, 1999 MS. PHiLBiN: Ail right. CHAIRMA2~ MERRILL: -- in just a second. We try to keep thing.,; moving in somewhat of a semblance of order. Ail right, we see the -- we see that letter. Do you have any other questions? MS. ARNOLD: I just have a procedural question. How does the Code Enforcement Department handle exotic cases if you may, for the record? ' MS. SULECKI: Exotic cases that we pursue are initiated by complaint as was this one MS. ARNOLD: Thank you. No other questions. CHAIR~TC~ MERRILL: Now, based on what she just said do you have something else to tell us? ' MS. PHiLBIN- Yes, I have one question. Do the -- does tile Departmen5 of Natural Resources act on anything other than a complaint? If you see exotics and there's not a complaint on it 'you act on it? ' ' ' MS. SULECKI: If I just may correct, it's the Code Enforcement Division, not the Natural Resources. A~nd at this time, my understanding of our procedure is that we do not act unles~ there 'i:~ a complaint. MS. PHILBIN: Terrible. So I guess we have no .hope o[ exotic~,~ ever leaving our town. I do have a letter that was not in the packet that we sent to Sulecki dated September 15th, in which we mention that we, the board, had voted to not remove the exotics in the south half of the westerly 40-foot right-of-way. It is a 40-foot right-of-way, but plants only e~xist in 25 feet of it, as I explained before. ~tnd I'll give you a copy of this letter so you'll have it. CHAIR~ZLAN MERRILL: If you would put that in the record without objection. MS. CRUZ: I'd like to see the letter. CHAIP.~Z~X~ MERRILL: Show them a cop'{ of that letter, please. Them first. MS. ARNOLD: Staff has no objection. CHA!Rf.t~2; MERRILL: No objection? It will be entered as part the evidence into the record as Respondent's Exhibit B. Anything else from staff? MS. ARt/OLD: No. CHAiR~'b~2',~ MERRILL: An'/thing else from '/ou, :4s. Philbin? MS. PHILBIN: No, thank you, just a response to our request. CHAiRMIC; MERRILL: All right. An'.v summation fr(~m staff? MS. AP.~.~OLD: No, we do not. CHAiP. M~C~ MERRILL: Any summation from you? MS. PHILBiN: No. CHAIRMA2[ MERRILL: At this point in time, unlesn there's questions of anyone from memJ3ers of the board, we' 11 close the evidentiar':, portion here. MR. ST!RLING: He're dealing with 15,000 square fee~. That's 25 b':' 600 square feet? CHAIRMA2~ MERRILL: I think it's about 16 is whaL she said. MS. PHILBIN: Yes, that's the size. MS. GODFREY-IRWIN: I have a question. E~hat does red cockaded Page 11 January 8, 1999 )odpeckers have to do with melaleuca? MS. PHiLBIN: Well, we have -- they're protected, a protected ird, and since the tree company went through and disturbed the area :utting and chopping, they're gone. And ,we were very pleased to have [hem. The'., were supposed to -- MS. GODFREY-IRWIN: The melaleucas? MS. PHiLBIN: No, they were in the cypress trees. They nest and hey build their nests there, and I think the noise, disturbance, hey'ye moved on. MS. GODFREY-IRWIN: I'm a member -- MS. PHILBIN: At this moment we've lost them. MS. GODFREY-IRWIN: I'm a member of the Audubon, and they nest in ~e old pines. I ~ MS. PHILBIN: Yes, that's where they're nesting. We have some ead trees they nest in, and we were quite delighted to have them. I o hoDe they return. ~l ~HAIP3DXN M~RRILL: Folks, at this time, as I previously had ~advised you, we re going to take -- even in the middle of this, we're ~going to take a two-minute recess. I'm going to leave to go attend the court. Ms. Saunders will take over. [- ;mhd i would -- during that time, staff, if you will determine who the first and I assume second alternate would be, since Mr. Lavinski has also disqualified himself, so the proper people would be making motions and voting. We'll be in recess for two minutes. Thank you. (Brief recess.) O MS. SAU~DERS: Ladies and gentlemen, i'd like to reconvene the earing at this point. May I ask the witnesses to come back and we'll ~on5inue 5he public hearing portion. I believe this is the opportunity for us on the board to ask any questions that we may have. Are there any questions of our witness? MR. LEWIS: Mind if I start? MS. SAL~DERS: Oh, yes. MR. LEWIS: William Lewis, for the record, i have a question for Ms. Philbin. MS. PHILBIN: Yes. MR. LEWIS: Did I understand correctly earlier, did you state hat you had a cuote or proposal to remove the exotics in the area in ~uest~on for MS. PHILBiN: Yes. MR. LEWIS: Thank you. , .MS. SAUNDERS: Ms Philbin, I have a question also. Are the exotics spreading beyond -foot easement into other portions of ~ther people's property, that 40 ~ MS. ~HiLBIN: No. or of yours? The exotics have existed on the neighbors' properties, and they're not removing them because they're under no order to do so. So we will probably be reinfected by them more than by curse!Yes. MS. SA~;DERS: So even if you removed your ~- the exotics on your 40-fooE s~rlp, are they likely to return because of tile encroaching ~eighbors? ' MS. ~HiLB~N: Oh, yes, yes. MS ~OD=~U''- ' ...... : IRWIN: Wouldn t a maintenance man keep those down ever',, si:.: months and -- Page 12 January 8, 1999 MS. P,:{ILB!N: The maintenance man will keep ours down, but we'l 1 be constantly infected by the abutting properties. MS. SAUI~DERS: And if those are removed, what does that do to ':'our sound barrier, the barrier between the road and your homes? MS. PHILBIN: It takes away some of the dense growth. 'It opens i~ up to the pollution from the cars, from the noise, and that's what we were trying to offer some protection. We did clear them in the 40-foot strip north of our entrance, because it was far enough away from buildings. But on the south half, ~t s a dif=e~ent problem. MR. LOC?~H;uqT: I have a question. MS. PHILBIN: Yes. MR. LOCKHAP, T: Did you state earlier that you wish to have a f~ve-year extension, that at the end of the five-year, you would clear i he area? MS PHI ' ~' Ei · ,.B_J: ther we would or the county, when they come ~.irough. That's coinc to all be removed for a drainage swale in the n[ans for the count'/. Yes, we're looking for an extension until the road construction 3%ar5s, and then it will all be removed. MR. LOCKiqAR?: Well, again -- MS. PHILBiN: Either way, us or the county. MR. LOC~UqA!~T: But you would in the future pa}' to have these e?:ot ics removed? MS. PHiLBIN: If we have to, sure, certainly. MS. SAUNDERS: Yes? MR. OXLEY: Yeah, Lou Oxley. Has the Deauville Association made any complaints against anybody else in that area? MS. PHILBiN: No, we are not going to complain about -- against put neighbors. I don't think that's -- we're there to live in peace with anyone, not to -- MR. OXLEY: t appreciate, that, but do you ,,no" '.v who the rsmpiainant was? MS. PHILBiN: Yes, one of our owners. One of our own, yes, an z'~.'ner in Deauvilie, yes. MS. TAYLOR: Something that bothers me a lot is this letter dated August 10th, 1998. You're stating the board of directors states that · .'su are not going to remove them, period. Even though the road · ...'su!dn'~ gc through for five years, you' re no~ going u.o do it. Even '"-ouch '/o'd've ~een told that they must be removed, and you're not xC ~.~'u EO do i~ . MS. PHiLBIN: We made that decision knowing that ,we would be '~;~!!ed before ~his board, and that's where 'se planned ~o make our ~lea. if you order us to remove them, we will comply. We will not ::c~ comply, but we' re asking for an extension so that we don't have to MR. LEWIS: One other question, Ms. Philbin. I don't understand whv 5he norsk half of the easement was cleared and not the south hall. ;.;hat 'sas the determining factor there? MS. P.::'iLBiN: The determining factor was that the building on ~t~,.: :.crth half was further away from the road and that it wasn't a sound a:~.i pciiution barrier as much as it is on the sou~h half. MR. LEWIS: Okay. One final question. Five years from now, or Page 13 Ja:~uary 8, 1999 ;honorer the county decides to e×pand Count,:. ,Barn Ro~d, 'what. are ans for ~hose people Chon? Are you planning on do~:ng some kind e~ a ~andscape buffer zone in there? ~ MS. PHILBIN: Absolutely. We can't do it now, because we woul{~ -- we're in a catch-22. The 15 feet -- or 25 foot o~[ the ea'sement that has to come dcwn for the swale, we can't put our green buffer shrubbery, which we would do a green something, whatever is indigenous to Florida -- we have a landscape architect we're talking to -- we can't put it in the middle of the exotics and the pine things and things right now, because we still have 25 feet outside of it. It will all be choked and nothing will grow. Once all that is down, including the pine and the c~ress, then we can properly landscape, re-do our entrance and all that, which is in our plans for the future. MR. LEWIS: You sort of lost me there. MS. PHILBIN: Oh, sorry. MR. LEWIS: Not being familiar with the property -- MS. PHILBIN: Yeah, if I can't -- I can't replace it now. I~''I take the exotics out now, we can't replace the barrier with new gree~] planting, because there's still a 25-foot, which has to come down by ~he count},, of pine and approved trees. MR. LE~';iS: Wouldn't you put that buffer zone on your own ~roperty? MS. PHILBiN: Yes, it would be on our own -- would have to be on MR. LEWIS: So ii would s~ill b6 on your own property line now, ~n~cn ~s outside the easement area? MS. PHtLBIN: Yes. :4R. LEWIS: So -- MS. PHILBIN: Bu[ it's in the middle of all this wild pine growth and [tings. We don't want to -- we want to know where the county's I'm not sure wheuher the county would want more from us or not, so I don't wan[ uo pu~ a lot of money into it, nei[her does the a%sociation, and ~ind we have to take it all down in five or six years from now. MR. LE~;IS: Not ~o belabor the point, but if it's -- you have a 40-fcot easement, that's all the county's got is a 40-foot easement MS. PH!LBIN: So far, yes. · MR. LEWIS: And if you put the plantings there, that would certainly come under consideration, so okay, no problem. Thank you MS. SA~DERS: Any other questions? ' MS. GODFREY-iRWIN: Well, the county -- Kate Godfrey. The will buy the property from you if they'r~ going to -- MS. PHiLBIN: The county has already, purchased the 40 feet ;4S. GODFREY- iRWIN: Okay, so -- ' MS. PHILBiN: They have the right-of-way easement for construction maintenance, et cetera. ~ MS. GODFREY-iRWIN: -- so why not take the exotics down now and ikon put your -- so when the road does come in, your plants are 2,{S. PHiLtiN: Yes, but we can't take all the Dine trees and that i ~'..,'n. MS. GODFREY-iRWiN: Then what about ~he cockaded woodpeckers~ MS PHiLBIN: ~'V,~ ~ - , ..... i don't wan~ to take pine ~rees down. The January 8, 1.999 county will take those down. MS. GODFREY-IRWIN: I thought you said -- MS. PHILBIN: The county will take those down. I just want to _eave the me!aleuca and whatever is in there, the pepper. MS. GODFREY-iRWIN: But if you plant up to where your easement begins with the county, if you take out the exotics now and plant in there what you want as a buffer, landscape buffer, by' the time they do take out the exotics in five years, it will be high enough that you do ha'.'e some kind of green -- MS. PHILBIN: But I can't get in there now. MS. GODFREY- IRWIN: Why? MS. PHILBIN: Because the property line is 25 feet behind the growth that's existing now that will come down. It's like a pine [crest. i can't set a row of, say, ficus or some of the shrubbery in the center now, because it will be putting it in the middle of the forest, i have to wait until that 25 feet is down in order -- then we can put up the buffer and we'll know exactly where we can plant it 'so it won't interfere with the highway construction. MR. STiRLING: Jack Stirling. The 600 feet that you have this ~he exotics growing upon is affecting the public that passes by~. And the county is only asking you to remove the Brazilian peppers, melaleucas and another exotic plant, and why can't you do that now and not in five years from now for the safety and welfare of the public? MS. PHILBIN: Well, across the street from ours is more melaleuca gro;~'ing that's -- .~ MR. STiRLiNG: I don't know that. MS. PHILBIN: -- going to stay there. It is. And it's growing across the street. And that will remain. But we wanted to leave it there for the sound and pollution purposes -- benefits it provides. Counsy Barn is filled with melaleuca and Brazilian pepper. That little bit we have isn't going to affect the public much. MR. STiRLING: But we're only concerned about -- MS. PHILBIN: Yeah, I know, you're only -- MR. STIRLING: -- about your 600 feet today. MS. PHILBIN: Yeah, my 600, right. But that's a very minute portion of 5he problem on County Barn Road. It's a very extensive problem. MS. A?i[OLD: f,~adam Chairman, may I ask a question? MS. SAUI~iDERS: Sure. MS. A~RNOLD: Would the -- wouldn't the easement, the exotics planted in the easement that you're -- that's in question right now, add r.c your maintenance problem, you know? Wouldn't that contribute to ?'our continued maintenance problem if you leave the exotics in easement? MS. PHILB!N: NO, I don't think so, because we --- they' re goin~3 to come from an'~rwhere from birds. I wouldn't even know how much would come from us. We're willing to maintain it, and if they cause us a problem, we' re willing to pay to clear it out. But i don't think that -- the problem is going to be on all boundaries, no5 jus[ County Barn Road. We're already -- in ~he NA2.1CO report in your package you will see that the intrusion of exotics from a neighboring property is one of our problems. So it's -- I don't ~hink we would have a problem clearing our own. page 15 January 8, 1999 O±And please understand, we want to comply with the environmental aws ~f Florida. That has never been our case that we would not ccmpl~ We're just asking for a little leeway here on this small piece ~f property. MS. SAUNDERS. Okay, I'm going to close the public portion of this ~earing. Thank ycu very much. MS. PHILBIN: Thank you. MS. SAUNNDERS: We now go into the portion where the -- where we ourselves will discuss exactly what we want to talk about. And I open the public -- our discussion portion now. MR. STIRLING: Well, I make a motion that we order her to have the exotics removed from this 25 by 600-foot section, because it's affecting the health and welfare of the public. And if you don't do it, impose a fine. MS. DSANOLD: Can I just interrupt -- MS. SAUNDERS: Yes. MS. A~,7OLD: -- just for order? Both alternates will be voting in this motion. That's Mr. Lewis and Mr. Stifling. MS. SAN:DERS: Okay. What t believe we need to do is first dgtermine whether or not there's a violation, and then our second portion is to determine what if anything is a fair judgment as to how to resolve that. So let's talk first or let's resolve first, i== we can -- let's have a motion on whether or not we agree that there is a violation. MS. IA'fLOR: Well, I make a motion that there's a violation or wouldn'' be involved here. MS. SAUNDERS: Your motion is that we find the condominium association is in violation because they have exotics on this right-of-way. Is there a second? MS GODFREY 'u · -~..~iN: I 11 make a second. Kate Godfrey. MS. SAU!;DERS: Any further discussion on just that portion? Ail in favor? Opposed? (No response.) MS. SAL%;DERS: That motion carries. Now, let's discuss what we feel is an appropriate action regarding that. MR. STiRLiNG: I suggest that we have the condominium associatio:: remove the exotics promptly. MR. OXLEY: Do we have indication whatsoever what percentage ~hat particular property on County Barn Road is in violation? Five percent, 20 percent, 90 percent? MR. STIRLING: One percent, she said. MR. OXLEY: Well, if they're one percent of the property in violation on County Barn Road, I think we've got a problem. I think everybody should have to remove, not just one percent. MS. SA~;DERS: I kind of -- i agree ',:ith you on that, and I can recc~nize 5hal there is a sound barrier situation and I can see some o~hers -- m'., c©ncern was that they're going -- ~he exotics are not cin~ to continue to spread to osher areas based on the fact that hes~ exotics are left, if I've understood this correctly. So mv recommendation is jus5 we found them in violation. I Page 16 January 8, 1999 extend it, give them their five-year extension to say or until until County Barn Road is expanded, as long as the rest of the area outside of this median, is not affected. MS. AP~OLD: Can I address -- MS. SA~;DERS: Yes. MS. ~3;OLD: -- Mr. Oxley's question? I'm not sure what percentage this project is contributing to tire exotic problem on County Barn Road; however, we are working with ti~ Planning Department and the Natural Resources Department to monitor projects and development orders that have already been approved, and identify whether or not there was a requirement for them to prepare a :naintenance plan and then go ahead with removing exotics. Staffing, thankfully, with the last budget, was increased in mv office, as well as the planning office, are working on that so we can ~o more of a proactive effort. ' But prior to this, unfortunately, that was not able. So we may ~e addressing some of the exotics along that roadway for improved~ properties. MS. ?~WSON: Just -- Jean Rawson, Code Enforcement Board ~t~orney. Just so the board knows what your charge is here today, you can only deal with the complaint that's before you, and it only has to with this particular property. And while there may be a lot of other people in violation of the code out there, we can't discuss those today. Your charge is only to decide, and You have, that there s a , i violation on this particular property, and now what to do about that ~ particular property. MS. TAYLOR: Well, it has to start somewhere. It has to. And i'm seconding his motion, that the'/ are in violation and they must bring it ~o code. ' , MS. SAUNDERS: Do you want to amend that or extend it as to what period of time and what kind of a fine? MS. TAYLOR: What does staff recommend? MS. A~.;OLD: In our recommendation, we recommended 45 days from this hearing date. And that was based on the fact that we were awar,~ of the fact the petitioner has a -- an estimate already from a company. MS. SA~:DERS: So there's a motion on the floor and it's been seconded. We're still discussing that motion. MR. LOC}~AR? Can you repeat that motion, please? Did I hear 'ou correctly sa'., five years? MS. SA~:DER~ No, no, the motion on the floor is that the MR. LOC?~ART Support staff's recommendation? MS. SAN:DERS -- exotics be removed within 45 days or a fine 50 be imposed for every day the violation continues to exist. MR. STiRLiNG: I'll second that motion. MS. SA~;DERS: You made it. She seconded it. MR. STiRLiNG: Okay. MS. SA~:DERS: If ! reworded it correctly. MR. OXLEY: For the discussion, if they remove this within 45 .ys, how long is it going to take to go back again? MS. GQDFREY-IRWI!;: Their maintenance will take care of that. Page 1'7 MS. -'~AU:;DE?.S: The'/ '~,'ill ha','e a maintenance ~- MR. O?[LE':': Even though there's other plants there that are _~] ~o contaminate their area, you don't see a problem 'with that?' ~<S. SAb7[DERS: I personally do as well, from what you're sayi~[. My -- I would urge that this small -- I think they'w~ made ~ very good faith effort to correct the problem throughout their land, and that this small portion of it, which they're being asked to leave, becau:~<: it serves a purpose, I would personally feel more comfortable with saying yes, we recognize there's a violation, but we're also going to let it go until such time as either the county gets in and cleans up the whole area on County Barn Road, and that may happen, so maybe or until the road itself is changed. That would be my leanings. MS. TAYLOP.: Five years is a long time. MS. SALP,iDERS: Yeah, you're right. And maybe what it should that it be reviewed annually or on a regular basis based on the county's code enforcement activities regarding exotics throughout County Barn Road. But I don't see a whole lot of purpose in asking the condominiu:~ association to remove these, if -- I know we can't discuss the rest ~'-~ Count'./ Barn Road in the area, but it does seem like a very ' iso!~ted case ~o me. MS. TAYLOR: But Mrs. Arnold just said that they are addressi~..~i~: o-_her areas, and it has to start. It has to start. And this is br'~'z~ht before us. MS. £AUNDERS: Your opinion. MR.=~J.~=~.~: ,r~~ there's no other discussion, I'd MS. SAUV~[DERS: Yes. MR. LE;.gIS: -- like to call for a vote on the motion. MS. SALE~DERS: Okay. Ail in favor of the MP,. Of,[LEY: ;';ould you reiterate the motion, please? MS. SAU~,~DERS: Yes, I will, once more. The motion is that the -~o::dominium association be required to remove the exotic plants in 40-=oot rich,-of-wa-./._. ~ within 45 days,, or a fine of $50 be imposed dav '_he v~olation continues to exist. Ail in favor of that motion? MR. LE?;iS: Aye. MR. STIRLiNG: Aye. MS. GODF?.EY- IRWIN: Aye. MR L O C -vdt. A3. T: Aye. MS. TAYLOR: Aye. MS. SAUV;DERS: Opposed? MR. OZLE'E: A}'e. MS. SAiR~.IDERS: Aye. The vote is fi'ce to two, I believe. Mo,!on carries. MS. PHiLBi":~., Thank you ver',,, much. MS. SAL7/DERS: The next public hearing scheduled is Gerald H,zr. 7hrey and Janice Humphrey, Board of Count'., Commissioners versus "z~!-~ Enfcrcemen" Board 99-001. At t~:~ '-~?e, in ~he interest of conser'.'ing ~ime and because ~ ' hese cases are '.'er'./ similar, as soon as Ms. Ra'4so~". -- what we' 'z-U ~o a~_ter, zL- to do, and I need legal advice, and Michetle's · ...'ell, on ho'..: ',.'e do it, i'd like [o at ieas,c narrow the procedure.~ ']o',.'.~. so thaz '~:e hear from Code Enforc~-~.-~" ......... re~:arding all of Ehese Page 18 January 8, 1999 cases at one time. We hear all the witnesses. ~.We may have to, based on the Code Enforcement instructions; vote on each one individually, but I don't think we have to go through the procedure of hearing the same thing on each and every one o[ them. ~So I'm going to ask Ms. Rawson to guide me through those procedures, if you will. ,MS. RAT&SON: i will indeed. Ms. Arnold tells me there's a differentiation between the violations in the single-family dwellings, or the alleged violations, as opposed to the mobile homes. So i think what we' !1 do is split them up into the two. And if the complaint is the same for everybody who has a single-family dwelling, what we can do is call all those cases, have the county present their case as to the single-family dwelling homes, have each of the respondents have the opportunity to tell this board whatever they want, and then you can have your discussion as to all of them, since the complaints are all exactly the same. Then we' 1i do the very same thing for the mobile home owners. MR. STIRLING: Question. MS. P~%'~;S ON: Ye s. MR. STIRLING: If they have a single-family home and a mobile · home on the same lot, then what? MS. P~AWSON: Well, then they get to come twice. MS. SAUNDERS: Yeah, I think those have all been broken up into separate cases, if I read it correctly. : MS. P~;.ISOD: I think they are, too. MR. LOC?~-iA~ET: i have a question also, though, lin regards ~o the time frames that various activities occurred, is there arty re!evanc~_. to that with regard to potential violations or not dealing with sta2e laws, codes, state activities, et cetera? MS. ?J, WSON: Well, I think we're going to have to listen to thz. county's evidence on that and what the county has to say. I understand what your point is. MR. LOCi-C~AP.T: There ma'.,' be more relevance to hear them on a chronological basis or in some individual fashion as opposed to lumping them -- MS. P~WSO:~: And we can do that, and when the count'.,' presents their case the',' can go right through them in that kind o~ an order. But we' re not going to deny anybody their due process rights. We'!l let the respondents al! have an opportunity to respond to you and no tell you what they want and have you ask them questions. But it seems to me it's a judicial economy to have the county through this and summarize it in one proceeding, or really two, as opposed to us calling each person up here separately and having the county do the same thing over and over again. But they can certainly present them in that order. That's a very 9ood poin~z. ~MR. LOCKHAET: My one further question is unlike other cases ii,at are initiated from complaints, can staff or somebody give us some background as to how these have come before us? MS. P~WSON: I' m sure they will. MR. LOC?U{ART: Thank you. MS. RA?;SON: Probably soon to be introduced in your packet is e:.:ecutive summary, which gives you some background. But I'm sure the gounty will start off with that kind of a background, especial!7 Page 1 9 Januar}, 8, 1999 t's ':'our concern. IS. SAL7;DERS: All right. That said, I'm going to ask everybody th, Pill be testifyin~ to please stand na ! - . And how you. wan~ to get t~eir CCURT REPORTER: Maybe when they come up. IS. SA~DERS: When they come up. We'll swear you in now. When me up to speak, we'll get your names, okay. speakers were duly sworn.) S. P~WSON: You know, it might be helpful to know if everybody's he So if we're going to start with a mobile -- le~'s assume we're ~o start with the single-family dwelling. If when the county sta if you would tell us which ones of these cases that we are heal ~g so that we can see if the respondents are present. IS. CRUZ: If we could start case nu~er 99 -- I'm going to call out [1 tke single-family homes, alleged violations. Humphrey. number 99-001, respondent Gerald Humphrey and Janice ~MS. HLi.~PHREY: Present. CRUZ: Case nu~er 99-002 and case number ~9-003 Leonard and Alisgn McCu!Ioch. ~ [ ~MS >[cCULLOCH: Here. ~MS CEUZ~ Case number 99 ,~ ~MS ~'~ · '~,-U~mOCz: Leonard McCulloch is deceased · * ........ D: We need to know whether or not the respondent here ;~ ' MS. CRUZ: Case number 99-005 Rebecca Benifie! and Thomas i !berg. i?R. V!LBERG: Vilberg. Here. /~S. CRUZ: Vilberg, thank you. ~(At which time, Chairman Merrill enters ~he boardroom.) ~S. CRUZ: Case nu~er 99-007, David and Janet Hassenplug ~R. HASSENPLUG: Here. - ~S. CRUZ: Case nu~er 99-008, Thomas Teufel ~R TEUFEL: Present. ~S. CRUZ: Case nu~er 99-009, William and Naomi Shirley. MS SHIRLEY: Here. ~MS CRUZ: Case number 99-012, Michael Henry and Renate Henry. iNS HENRY: Here. MS CRUZ: Case nu~er 99-014, Robert Stephens and Ann Stephens ~NS. SYEPHE~;S: Here. MS CRUZ: Also, Robert Stephens and Ann Stephens for 99-015 ~MS STEPHENS: Here. - · }MS CRUZ: 99-016, Roy Looney. ~MS GILLiS: I'm his daughter and I will speak for him. MS CRUZ: Case 99-017 J Victor Simone, Kane. ~ ' ' Karen Gentry and Genie MR. Si>:O},;E: Present. MS. CNUZ~ C~se number 99-018, David n~]iis and ,~oso~e Gillls. MS. C7{U/<: Case number 99-0220 Ro~:ert and Gie',~a Gail Rossi MS. CRUZ: If I may proceed. Le~ the record reflec~ all these respondents i called out are present Staff has prepared a composite January 8, 1999 CHAIRF~XN MERRILL: Ail right, very good. Then let's go to Mr. enifie! and Mr. Vilberg, any objection? MR. VILBERG: No. CHAIP, FLAN MERRILL: Thank you. No objection, for the record. Mr. and Mrs. Hassenplug? MS. HASSENPLUG: No. CHAIPdV~ MERRILL: No objection for the record. Thank you Mr. Tuefel? · MR. TEUFEL: No objection. CHAIR~.~ MERRILL: Thank you, sir. Mr. and Mrs. Shirley, any objection? MR. SHIRLEY: Yes, sir. CbLAIR~ MERRILL: There is an objection. We'll get right back ~o you. Michael Henry and Renate Henry? MS. HENRY: No. CHAIP~A~N MERRILL: Not here, or no objection? Couldn't see yo'u'. Thank you. MS. HENRY: No objection. CHAIR;,tA/~ MERRILL: No objection. Mr. and Mrs. Stephens? ' MS. STEPHENS: No objection. CHAIRMA~N MERRILL: No objection for the record, thank you. Victor Simone, Karen Gentry and Genie Kane. MR. SIMONE: No objections. CKAIPJ4A/{ MERRILL: No objections for the record thank you Mr. and Mrs. Gillis. ' MS. GILLIS: No objection. CHAIRFLA~ MERRILL: No objection for the record thank you And Mr. and Mrs. Rossi. ' ' MR. ROSSI: N'o objection. CHAIRM~2$ MERRILL: No objection for the record. Thank you. And the gentleman that did object was the Hassenplugs? MR. LEWIS: Mr. Chairman? CHAIRMXCi MERRILL: Yes. MS. AENOLD: Shirley. CHAiRMfd; MERRILL: Shirley. MR. LEWIS: We have skipped Mr. Looney. MS. SAUT{DEES: Oh, I'm sorry. CHAIRMA~; MERRILL: Reading off of her paper, that's MS. SAUT,IDERS: I'm sorry, I apologize. CHAIRM~ MERRILL: Mr. Looney, any objection? MS. G!LLIS: No objection. CHAIR~.t~{ MERRILL: No objections. Or Ms. Looney. No object~ons ~or the record. Going back to the Shirleys, sir, if you would kindly step to the ,microphone and tell us what your objection is to tile packet. MR. SHIRLEY: Okay, I was intending to do some construction work ':::d sc forth C.::'AiRNU, N MERRILL: Before we go -- what the packet is there for, .'_'s what the charges are, the alleged violations the notice -q~-_men~s, photographs, if any, and the ordinances The ordinances ~. '~' e ~here. · Page 22 Januar}, 8, 1999 The eni'/ facts that you really could object to is whether you have notice or to the sufficiency or allegations of the charges: We' re not going to get into whether or not the charges are true that's fcr later. The packet does not establish the charges being true. , MR. SHIRLEY: Well, mine's real simple. I applied for a building permit. $70. I gave it to him. He said it's not necessary, we don't go that far out. He gave my $70 back. That's my objection. Here's a receipt, if you all care to look at it. CHAIRt,~J~N' MERRILL: Okay, that would be again as to tile facts of 'whether or ncr a violation would be proven. The packet only establishes what the}, claim the violation is Are you following me? t MR. SHIRLEY: Okay.' ~ CHAi ~'~, MERRILL: Okay? So you really -- MS. ?~WSON: Mr. Shirley, all we're asking is, we want to introduce evidence or it's not going to be a part of the record. you have an-/ objection to the introduction as evidence, the packet'' that you've been given today? And that doesn't mean than it's prov,~ to be true, only that this board can consider it as evidence MS. SHIRLEY: But it . says the very first line, description violation, construction of st, ~ctu,e, single-family residence, with porch, so forth, without first obtaining Collier C~unty building permits, inspection and c--tificates of occupancy. Isn t that what you're ask~n~? , .CHAIRMA2.~ MERRILL: All right, again, that really would be proving ~hem to be incorrect or they wouldn't be able to prove the case. We' !1, just accept it as they're objecting, and when we come to their case, we'll have staff lay the appropriate predicates if they car] for the introduction of that evidence. ' So your objection is sustained at this time. Was there a discussion in my absence on how we would proceed? it collectively as to staff's testimony? MS. SAU?JD~RS: Staff would collectively provide the information, "heir background and their evidence on all of the sincle-family cases .and then We'd call each one of the others in individuSlly to hear ' heir! response. ' CHAIR;,~i MERRILL: Okay. Being that the Shirley case is a single-family case, staff, I 'would ask you to begin with testifying ._ :r any tes~imon-:, you have to establish the items in the packet, the "3tice and thosr~ t'!~e of things on the Shirley matter. And then 'we can go into the other matters, which wculd seem to me ; he things ~hat apply to a great deal of people That way we can :~c*'.:de the Shirley case in that ~ ' ~ -- t,l~ rest of them, if you're able : n~roduce that packet. MR. LE>;iS: Mr. Chairman? CHAi R;<A:; ;{ERR!LL: Yes. MR. LE:.;iS: Before we becin just for clarification purposes, :~.c you have Zurned to the board and also Mr Lavinski ~s back, we can c!arifv the alternates and ' : not? their positions, if 'we're voting . CHAIR;<..'C~ :"~ERRiLL: Absolutely. :'/e have a full board here. :esently ~he alternates are -- M~. AR::OLD: They would not be voting, but they can participate Page 23 January 8, 1999 Oin discussion. · CHAIRMA:; M:.~RiLL: They can participate in discussion as,~: questions. , MS. PJG';SON: They can't make motions or vote but other than ~hat, they can certainly , say whatever they please. CHAIR,,tAN MERRILL: Make or second motions? MS. P~AWSON: They shouldn't do that. CHAIRMA/~ MERRILL: Okay. Did that clarify that? MR. LEWIS: Thank you. CHAIRMAN MERRILL: Any other questions by anyone else on the board on that issue? We're looking for -- MS. SAUNDERS: It's the next to the last one. CHAIRfiAN MERRILL: Next to the last? MS. SAUNDERS: I think it's the next to the last one. ~ ~ MS. CRUp: .In.this case and the next . , . . . . ~e -e~s.ponden= Wllilam T. a_n_d ~N ' :__case we re dlscussln The alleged violatio- ~- - aom.l.L. Sh~rley, case number 99-~ . ' ~ -~ construction o: a structure, single_fa0m0~ residence, without first .obtaining the Collier County building permits, inspections and certificate of occupancy. This is a lY v~olation of Section 2.7.6., paragraph one and five, and Section · 2.2.24.5 cf Ordinance 91-102. The location of the alleged violation is 54 -- 54200 Otter Creek, ,Waples, Florida, more particularly described as Section 16 Township 49, Range 3.;, Parcel 1.8., O The owner of record is William T. and Naomi Shirley. Their address of mailing is 5120 Southwest 172 Avenue Fort Lauderdale, Florida, 33331. , The first date the violation was observed ;;as July 22nd, 1994. ?he most recent notice of violation served to the property owner was August 28th, 1998, with a compliance date of October 12th, 1998. The r~ost recent re inspection, October 26th, 1998 r~';=a~inc the violation '~'ema ining ..... Notices .,.~ served c ~ ~ · "- er~i~ied mail. Fie ::ave recei:}~ of thos,_. 7~lon~ with a notice of hearing. ~ , CHAIR..'.L'C{ MERRILL: Would 'you please mark 'he -- would you plea:sc ;rark the packet? Ms. Cruz, would }'cu please marl.: the sacker that was ~:e.n5 tc the Shirleys as Staff Exhibit 1. MS. CRUZ: Comoosite exhibit? CHA i RMAI.~ MERRILL: Composite. And i'm going to ask them in a minute whether they have received that. I'd like you to mark it and then show that to them, the item that you're marking. You may want to come up to the podium, folks, because we can't pick you up'on the microphone sitting back there too well. Let the record reflect that Ms. Arnold is handinu to Mr. Staff Composite ~fo. 1. ~ Shirley Ms. Shirley,, if you'd take a look at that, and when you're done locking at it, tell me whether or not you have received the materials that are in that composite exhibit. ;.!P. SHiRLE':'~ I no,lc_ here you ha'/e storage shed. I do have ~.some me~al containers. Kirby advised, '*'hen he came out to make the ~lns~e'£t~ons, that -~ shed would not be for ~t because -- -- you wouldn't need a permit 1 Oh January 8, 1999 CHAiRb,~; MERRILL: You can tell us about that when we get to t_'he · earing. Right now the only question that we need answered is wheth,3: or not you were sent and have received that packet of materia.ls MR. SHIRLEY: I believe so. · CHAiR~L~2$ MERRILL: Not whether it's true. Okay, we're 'not into that. Just whether you've received it. ~ MR. SHIRLEY: I have. ~ C~IR~i MERRILL: You have? ~ MR. SHIRLEY: Yes. C~IR;~ MERRILL: Okay, thank you. ~Y motions to -- as to that exhibit? MS. CRUZ: At this time sir, I would like to call my first w~ tness. ' C~IRM~.~ MERRILL: Go ahead. MS. CRUZ: Ki~erly Koehane, please. MS. P~ISON: Procedurally, now, are we going to go through just one summation of all of the cases that you've called out when we do this? ~d then we'll start with the Shirleys an~ go through everybody else and ask ~hem if they have any -- okay. - . . C~iRf.~{ MERRILL: You don't have to'stand here at thai podium, un~ss you want to, while hhey do this. MS. P3~WSON: it's going ~o be a while, sir. CS~IRt.~; MERRILL: ih will apply ~c you, but it will apply to several other people as well. Then we'll take individually in order any questions that you have of them. Okay? MR. SHIRLEY: Well, can i go in~o whit I did on irving to get MS. SAbTIDERS: In just a few moments. We need to ~ear from the counhy f,,_~ MR. SHIRLEY: Okay. MS. SAU%;DERS: -- and then you have the o or county, Ki~eriy, whatev ...... z . PP tunity to ask opportunit, to =~ questions you ~ave h Y talk -- to t ]] ,, ..... ' ~d ten you have a [~IR~; MERRILL. Le~e2i ~ [~ac,you. ~an~ to tell us. n =nc ~hose, again ,,~ .... g , or the benefit of 4r -u u~nlS to be fair to eve~o~2 ~.~_[~c_we use. And we're trying i~me.~ -: ,,~ ~,~u ax~o co be expeditious in ou~ The procedure is that they will -- they, meaning the staff or county -- will call witnesses and ~hey will ~estify one at a time. After leach one of those witnesses testifies, each one of you who respondent will be able to, if you want [o, ask them any questions aoout what [he2, have testified to. I wan~ ~c emphasize that is not ~he ~ime where you have the opportunity to ~ell us your side of the story. You will have that opportunity, but not at that time. It's a time to ask them questionn Once all of ~heir witnesses have testified and you're satisfied -ha~ you don't have anZ questions of ~hem, ~hen you will have the 3ppor~unit./ individually tc tel! us anything you want to tell us abouL vt, ur case ~ ..... h~'."ii have the opportunity ~o ask you questions. And we'll go back and forth like [ha~ one time. They'll have o~PCr~uni~v ~o r,~but anything tha~ you say, you' 11 have an opportunity ~oz[e~uc t~eir rebuttal and that's it Okay? _ ~:%~:nztum. ' ' Otherwise we go on ad Are there any questions from anyone out there as to how we're Page 25 January 8, 1999 goi::g to proceed? Okay, so we'll let you testify as to the first there is a hand? ' - MS. LEE: i've been -- MS. S~U~DmRS: You need to come up to the mike. MS. LEE: My name's Debbie Lee. I've been involved wit'h this throughout since '94, representing the various residents And whi~ you ',.'~ ~o~ . ~-~ = .... they mentioned going chronological~,, "'~ ~:, and ~hen I know since he thcught he objected to the submittal of ~ha.t that you said for him ~o go first, but I was hoping we could still go chronologically, because it gives ~he story. I~IP.~.~2I MERRILL: We will in a sense go chronologically wi~h their story. The only reason we brough~ the Shirleys up is because they ~bjected ~o the introduction of the packet. That evidence has now b,:en testified to. They haven't moved it into evidence yet, whicl~ I ass]me they'll do when we call the Shirley's case individually. And we'll ~ake a ruling on the admission of that evidence. But that Mr. S iriey may sit do~, if you'd like, or he can stand. All right }w, are there any other questions on the procedure? We'll hoper [1y kind of move through it in a good pace. Go ahead. · KEOH~E: Former investigator Michael Kirby left Collier Count [emDlo.~en~ - . , so I was assigned to the Big C~ress Sanctuary cases ~n [he fall of 1996. .... ~ Big ~r~ss Sanctuary is loca[ed in Sec ' . · ~'~. ~nqe 3~, In Collier Co~t . I'll =h .... .~o~_~6,. Township A~i of Section 16 ..... ~ _ c~.ot Interstate 1-75. conser%a~ ~ ~ . , ~ ~=~= us sur~ounclng sections are z _ -~ ..... ~. ~e Big Cl~ress area ~ ~ ..... ' ~oned Prior ~o October BOth of i991, the section was zoned agriculLure wi~h ~he Big Ci~ress area critical state concern sensitive ore r ~ ay. On July 27Ch of 1989, the county a991ied the sensitive trea~menL ~ver!ay ~o ~he entire Big C~ress area. The Big C~ress area was designated as an area of critical state concern in 1974, and April 29Ch of 15S8 land such as Section 16 were added. The intent of the conservation zoning is to review develogmen~ ~ropo~als to en~ure that the inherent value of Collier County's nauural resources is not destroyed or unacceptably altered. Co!lier County's Land Development Code establishes criteria for Permitted and conditional uses and standards. For example, ~he maximum density is one dwelling unit for every five acres. In this instance, dwelling unit is defined as a sin91e-family home. Whereas, a mobile home may be 9ermitted as a temporary use structure if a ~ingle-fa~ily home has been 9ermitted and is in the process of being The purpose of ~he Bic C~ress area of critical state concern, sensitive trea~:nent overlaO, is to ~rovide regulations to conserve thc- xa~urai, environmen~ai and'economic resources of the Big Cypresn area. Furthermore. these regu!acions provide a land and water :~za~ement systeu that wit1 preserve wa~er quality, 9rovide for the Page 26 January 8, 1999 }optimum utilization of the limited water resources of the area, facilitate orderly and well planned development, and protect the health, safety and welfare of the public. Collier County Land Development Code establishes criteria for site alteration, drainage, transportation facilities and structure installation. For example, the maximum site alterations shall be limited to 10 percent of the entire site. On November 19th of 1996, the development within the Big Cypress Sanctuary area was placed on the Board of County Commissioners, agenda for consideration. After an extensive discussion, a motion was issued to place this item at a future regular agenda. The Board of County Commissioners heard this item on January 20th of 1998. At that time, the Board of County Commissioners directed that this issue be heard by t~e.Code Enforcement Board to determine the validity of the cases and aavlse that if violations were found, the following recommendations should be considered in the CEB's orders to correct. Number one, after-the-fact building permit fees may be waived administratively Number two the structures must be consistent with zoning. Number three, the structures must meet all county codes.. Nu?~ber four, the owners must pay the value of impact fees at ~h'e t~me the buildings were constructed. And number five, the owners must paF building permi~ fees at the time of building construction. In the process of providing information to the Board of County Commissioners, I made two site visits to the Big Cypress Sanctuary oduring 1996 and 1997 and found the owners to be very cordial, helpful and honest, i observed the properties to be -- the improvements to be --maintained in a very orderly fashion. The cases before you, I have a chronology of the cases as they were bUilt. Just to kind of reflect on what that order was, the considerations, in layman's terms, are the Board of County Commissioners ..-mp~ed the properties from paying impac~ fees. And ~he reason why i can say this is because all ~he properties =reproved after -- prior to the implementation of impact fees So oaslcallv have that consideration exempted. The,:- aisc have been instructed that the permit fee appli z=rmit fees .... '~ be the '- ..... fees at the time of construction. A::d beforu l.'cu we have issues of after-the-fact permit fees, ~oda','. which are four times And that's MS. A~;OL2: Can I ask questions? ~nAzR..~. MERRILL: Okay. MS. ~RNOLD: Kimberly, can you identify how these cases were initiated, please, and the initial contacts that were made with the ~roperty owners? MS. KEOH~.IE: Yes. This case -- the cases were initiated on a complaint filed by the Department of Community Affairs. And the representative was Ms. Jetton (phonetic). She complained of leaking septic tanks, unpermitted structures, dredge and fill violations owetlands, and the lack of adequate solid waste disposable for the subject area zoned in the conservation area of critical state concern On July 22nd of 1994, an initial investigation was conducted by former ~investigator Michael Kirby, who witnessed the existence of a Page 27 January 8, 1999 single-family home '- single-family homes and mobile homes in the subject Section 16. On August 24th of 1994, Investigator Kith)- spoke 'with propert?, owners that were present at the time and mentioned the construction ~hat occurred out there did need building permits. The initial notice of violations were sent to the owners on October 28th of 1994, and the compliance date was scheduled for December 28th of 1994. On the rechecks of those particular cases, the code enforcement investigator found that there was -- there were none to comply MS. AP~OLD: Thank you. . CHAi~fJtN MERRILL: Ms. Arnold, do you have any other questions of this witness? MS. AP~¥OLD: No, not at this time. CHAIRMAN MERRILL: Before we ask you individually if you have any questions, does any member of the board have any questions of this.-- MR. LOCKHART: Yes, I do, Mr. Chairman. I would like some clarification of the recommendation or the motion that the board made· To me, the correspondence that you were paraphrasing doesn,t make sense. Can you clarify, or is it possible to have a copy of th'e transcript to the motion? MS. ARk$OLD: We do have a copy of the transcript, the board's transcript for that particular day. It's not in your packet. It -- MR. LOCKHART: Making reference to a letter dated August 28th, i998, and that states therein, the board passed a motion three to two in favor. And it goes on to state what the following points were. And it's not clear to me what the direction was for this board to do. MS. AP~OLD: August 28th? CHAIRMAN MERRILL: I think that's November 19th 1996 MS. TAYLOR: No, August 28th -~ ' - MS. SA~,[DERS: January, 1998, there's a letter to, each of the things signed by -~ I believe, CHAIRf.tA2~ MERRILL: Kimberly. MS. SA~;DERS: -- Kimberly to each of the property owners, talking abcut the Board of County Commission meeting on January 20th. MS. AR~.;OLD: Oh, okay. MS. SA~DERS: It's page 12 on the Shirley case. MR. LOC~iART: When it states, including the following points, it leads me to believe there were other comments, that these are only highlighting certain ones. So it's a little bit vague as to what -- MS. KEOH~$E: No -- MR. LOCKHART: -- the board's -. MS. KEOHANE: -- I'm sorry. Those are the only five, and that's the five I mentioned today. MR. LOCKHART: Okay. MS. KEOHA2;E: Yes. And if you'd like me to repeat those, I'd be happy to. MS. ARf~fOLD~ There was much -- for clarification~ there was much d=acussion that the board had, but the final motion that was made by tke ~oard of County Commissioners had five points to it and that was w~tat Ms. Keohane stated today. , [,IS. SAUNDERS: I have a clarification or question on that also. The last sentence in that letter says that the CEB will make a Page January 8 1999 lng which may -- then may be eligible to be forwarded to the Bureatl (sic) of County Commission for their consideration. Does that mean that we're making -- this would seem to b~ changing our authority. Are we making a recommendation, or are we that the County Commission is then going to vote on, or MS. AP~OLD: No, the decision that was made b7 the Code Enforcement Board is the final decision, unless there's an appeal. MS. SAUY,~DERS: Does not go back to the Board of County Commissioners for any reason. MR. LOCYJ~:ART: Number one of that paragraph states that items will be returned to the board's consent agenda. MS. KEOHANE: Yes, the board -- MS. ARNOLD: No, i think there was some confusion, and we ve read ~ ~ rough ~ ~ ' ~,. t,~ minutes several times. There was a question whether or not the waiver of after-the-fact fees needed to go back to the board on their consent agenda for final approval. It's been clarified that at the board meeting on the 20th, they granted staff the authority to waive those fees administratively; therefore, granted the Code Enforcement Board that administrative ability to waive those fees, if found, that that's something yo~ want to do. So it wouldn't have to go back after this meeting for a final approval from the Board of County Commissioners. MS. SAU7~DERS: So what we do here, just as in all the other cases, becomes binding? MS. ARNOLD: Correct. CHAIRMD2; MERRILL: What the County Commission has done is they've set it squarely in our lap and taken it out o~ theirs. MS. ARNOLD: Exact 1y. CH~AiP. M~ MERRILL: Okay. I've got -- were you finished? MR. LOC:'CH;~RT: Yes, sir. CHAI.,,L~2, ,'.=ERILL: I've got a question. It's my understanding from your tes,timonv that all of the subject properties that we're ta!k~ng about predate the -- in other words, the structures on them and the construction and the building, et cetera, all Predate impact fee impositions in this county; is that correct? MS ~-r --,,.- . .... On~,~: L~ot all the additlons to the structures, but the suructures themselves -- yes. An individual structure on each of thc parcels predaue the time frame of the impact fee adoptions. CHAIRtZJd~ MERRILL: Okay. So in effect, anything that predates the imposition of imoact fees, we could impose the impact fees at the ~ime of construction] which were zero. MS. KEOHA2~;E: Correct. CHAIRMAN MERRILL: Okay. I just wanted to make sure that I read this correctly. And which would make no sense to do, but that's really, the only issues that we seem to have is whether or not this board will consider and approve any after-the-fact waiver of buildin~ D~,~ fees, numbe one whether the structures, if no5 consistent ',.:ith zcning, must be consistent with zoninc an~ count.,, codes :':S. KEOHfC~E: Correct. ~ ' ' CHAIRMA2~ MERRILL: And that's it. Because items four and five re similar. MS. KEOHA:~E: Right. Page 29 ~anuary 8, ~ MS. ARNOLD: Well, no, there were building permit fees at "thc time of construction, so if there's no evide ' . , resp~ondents, that -- nco provided by the ~ CHAIRMAN MERRILL: They had a building permit at the time. '~t MS. ARNOLD: Right. , ~ CHAIRMAN MERRILL: Right. So after-the-fact ' ' . wou~d also include essentially late fe~ building permit ~ MS. ARNOLD: Well, there:s the bu[[~in ' penalty for not havin~ obt~ ~^ ~__ g per.mit fee, and there' wh t- . , ~ ..... ~ ~= ~, so yo~ nave to indicate · e nor or not they re required to pay building permit fees, and i~. they'~re required to pay after-the-fact fees, which is four times cost~o_f the initial building permit. "CH3tIR~iA~{ MERRILL: A~nd besides the after-the-fact fees and the building permit fees, 'are there any other penalties for not having building permit? ~S. AP~'OLD: No. CHAIRM7~ MERRILL: Okay. I just want to understand what we' re .dealing with here. ' MS. SAUNDERS: Can I clarify also, we're not talking here abou{ existing property that is in violation of a code, we're simply talk iht about the fact that the permits were not obtained. We have not -- are any of these -- do any of these cases property that is not up to code? Are they beinc cited for not being: un to code at this point? - MS. APS,'OLD: Well a part of the code is to obtain the building permits. ' Mi· SAUNDERS: Aside from that portion of it, are they being cited or other portions of the code, other than having relat, g to permits? -- other tha;; ;. APg$OLD: Well, not having conducted building inspection don' t ~ :now. ~ , ~ · SAU%;DERS: Okay. I understand. LOCKHART: I believe there's also questions about whether they ~ et zoning -- M ;. AP~$OLD: Right . code. MM~. LOCK~XP.T: -- and certain other items or sections within SAUI~'DEP. S: Which if you had obtained the permit we would ~.~,ow 'whether the,./ were up to code, if the,/ 'were able to. Okay. MR. OXLEY: I have a question. CHA I R?2a2,~ MERRILL: Absolutely. MR. OXLEY: Are all property owners in that area ir: violation, c: are there some property owners that are not in 'violation? MS. KEOHA/qE: Ail property owners that are represented on every case that we have, yes. Code Enforcement Board is in the understanding, with our rules and regulations that the,/ are under violation. , OXLEY: That was not my question. Do we have property owner:: in that area that have built that have got permits that are not in vioiatj ~n? ARNOLD: As far as we know, all the property owners that are in ~hi: development are in violation of the code. C} IRMA2.i MERRILL: Any other members of the board have any Page 30 January, 8, 1999 Do we have a list of'how ~uestions at ~' ' =n!s time? So i guess in order, who goes first? these things are supposed to go? ~ MS. SA~DERS: Yeah in the agenda, I thin}[ if we go back t~ this agenda. '. MS. AP~NOLD: If you'd like to hear them chronologically __ fine.CHAIRM~$ MERRILL: I think that's what they requested. That's MS. AutO, OLD: It would be the Stephens, first MS. SAb-NDERS: No. CHAIRM;~ MERRILL: No? Someone have an idea what the chronological list is? MS. KEOH3LNE: Well, in terms of the time frame of when the structures were built is how I organized the list. "CHAIRMAN MERRILL: All right, if not, then we're going to take them'lin order that they're printed on the agenda. ~ MS. A~RNOLD: Okay. ~CHAIR~ MERRILL: I think Mr. Humphrey, I believe that's you first. :~i~I'd ask also, folks, when we get down the list a little bit, if there are questions that have already been asked or points that have!'already been made, out of courtesy to your neighbors out there you might want to not belabor those too much. , If ycu've got anything you want to show us in the way o( upictures, they've got a wonderful machine over here that our tax ollars have paid for, that if you put it on up there they Can put it. P on these screens and everybody can see it. Aa~d then you can go over there and point to it and do all kinds of Wonderful things. And you can stand at that microphone and talk to us We'll move her out ~f there sc you can get to it. ' MS. ARNOLD: I'll just put it over here and the,/ can have it on ~he monitor. CHaIRMAn; MERRILL: They- can pick it up? Great. Okay, Mr. Humphrey, from what I understand, we're here to determine ~'he~her or not you need a building permit MR. HUMPHREY: Correct. - CHAIRM~.: MERRILL: And whether or not all the structures meet thc code, as far as we can tell, sir. MR. H~4PHREY: Correct. CHAIRM~ MERRILL: Do you have any questions of her, based on he~ 'estimony? MR. H~4PHREY: No, not at all. CHAIR_M~ MERRILL: Okay. Unfortunately, we're going to have to go down the line and get everybody,s answer, just like that in the record so we have a clear record We'll let you , ' ?'cu first, though. ' . -- we 1i come back to MR. H~4PHREY: Okay. I didn't write anything up to read, <zst going to free'~.'heel it for you. I'm CHAiR~.taj,; MERRILL: Thank you about that. We appreciate it gut ' ~ you don't have an},, questions of her -- . MR. HUMPHREY: No questions. CHAIRM~ MERRILL: -- hang on a second. MR. HUMPHREY: Debbie Lee can January 8, 1999 CHAiRt,L~$ MERRILL: When we get to Debbie Lee, will, but hanq on a second, we Okay, McCullochs, do you have any questions of this witnesso MS. McCULLOCH: No. · CHAIRMJ~N MERRILL: No. Her answer is no for the record'. Penski? No, for the record. MS. CRUZ: Mr. Chairman -- MS. SAUNDERS: Oh, wait, you want to do -- MS. CRUZ: -- Penski is a different -- MS. SAUNDERS: -- just the single families. and -- You want Benifiel C~LAIR~L~N MERRILL: Vilberg and Benifiel, any questions of this witness, based on her testimony? That finger like this means no? Okay. MS. SAUNDERS: Hassenplug. CHAI~Zj~ MERRILL: Hassenplug? No? Thank you. Is it Tuffel (sic) or Teufel? MR. TEUFEL: Teufel. No questions. CHAI~J~; MERRILL: No questions. Thank you, i appreciate correcting me on the pronunciation. MS. SA~';DERS: Henry -- no -- CHAIRPUL~ MERRILL: Shirley, any questions~ MR. SHIRLEY: No. ' CHAIR~zu%/~ MERRILL: Okay, thank you, sir. MS. SAUNDERS: Henry? MS. HENRY: No questions. CF~I~4AN MERRILL: No questions Thank you Stephens? ' · MS. STEPHENS: No questions. CHAIRMAN MERRILL: No questions, thank you. Looney? No questions, thank you. Simone, Gentry and Kane. MR. SIMONE: No questions. CHAI~.t~ MERRILL: No questions thank you Gillis? ' · MS. GiLLIS: No questions. CHAIRMAN MERRILL: No questions, thank you. A_nd Rossi? Rossi's here still? MR. ROSSI: No questions. CHAIRMA2~ MERRILL: No questions, thank you. There are no questions for this witness. Ms. Arnold, do you have any other witnesseso MS. A~OLD: Yes, we do. ' MS. CRUZ: Yes, sir. At this time I'll call on Alex Sulecki CHAIRMAN MERRILL: Okay, have her testify, please. MS. SULECKI: Good morning, again. On August 28th, 1998, in handling Kimberly Keohane's cases while she was on leave, I made a site visit, along with Investigator Dennis Mazzone. to determine that ~he violation still existed. At tha~ time we did witness violations tha~ still existed. ' Another notice of violation was then sent to the property owners, requesting compliance by October 12th,,.~1998, which included the before mentioned, letter from Kimberly Koehane informing property owners of Page 32 January 8, 1999 ~h. ic°unty's compliance directives and procedures. On October 14th, i spoke with Mr. Humphrey regarding permit fees, and he also indicated that he had acquired permit and inspection approvals for his septic tank. On October 19th, after the time had passed for compliance, I did research the county records to determine if an}, permits had been obtained by this property owner, and was advised by Johnny Gephart, building department customer suuervisor that no permits had been obtained. - ' , CHAIRM;~ MERRILL: For which individual are you speaking of now? i~ MS. SULECKI: For Mr. Humphrey. CHAIRMF~; MERRILL: Are you speaking on all cases, or just Mr Humphrey's? . MS. SULECKI: I believe the answer will be the same for all cases, but in this case for Mr. Humphrey. · i CHAIRMA_N MERRILL: Okay, anything else: ~{MS. SULECKI: That's all. ' ' CHAIRMA2$ MERRILL: Staff, anything else~ MS. CRUZ: No, sir. ' CHAI~j~; MERRILL: I'll go through this exercise again, startLnc with Mr. Humphrey. Do you have any questions of this witness~ ~ don,t leave yet. Ms. Sulecki? . Ma'am, MR. HUMPHREY: No, I don't. CHAiR~iAN MERRILL: Okay. And your list acain? MS. SAUNDERS: McCulloch. ~ Ot CHAiRM3~; MERRILL: McCulloch, any questions? No questions for he record. Benifie! and Vilberg, any questions? MR. VILBERG: Yes. CHAiRf.tA~; MERRILL: Yes, okay. Come on up to the podium, please, sir. If you'll step up to the podium and tell us what your name is so she can gel i~ down on the record. MR. VILBERG: Tom Vilberg. CHAIRMA/{ MERRILL: Thank you, sir. MR. ViLBERG: Yeah, I'd like to know, on the -- you say on the 28th you went out and verified all these violations v~if . . How did you -~ y them~ MS. SULECKI: We came to visit the property, and Investigator Hazzone -- the gate was open. There was someone watching your property. Investigator Mazzone walked up the driveway and did witness the propersy. MR. VILBERG: How far did he walk? MS. SULECKI: He walked out of sight of myself. MR. VILBERG: I saw him. He walked about 10 feet. He couldn't see a damn thing. But I don't understand how you come through a no violations of trespassing and no visitors allowed, you just go on people's proper~y, take pictures around the back landing. . We have helicopters MS. SULECEI: MR. VILBERG: MS. SULECKi: MR. ViLBERG: In this case, the gate was open. We didn't trespass Well, whether the gate's open -- where gates were -- or not, there's signs there, it says no Page 3 3 Ja~uary 8, 1999 trespassing. You don't -- you just go right through them? MS. SULECKI: When gates are open, we do proceed up, because we may be contacting people on the property. There's no other way to contact people -- MR. VILBERG: When you get to the property and there's'nobody there, do you still -- you just walk around then and you do whatever you want to. Because you've got pictures of the back of my house, you've got pictures inside my house. And I don't know -- nobody wa~ there. How did you get them? MS. SULECKI: On that particular occasion, we took no pictures MR. VILBERG: I understand that. ' And you, when you investigated on the 28th, you went to every property? MS. SULECKI: Yes, sir. MR. VILBERG: And you were on every property? MS. SULECKI: Not every property Some we witnessed from thc road. ' MR. ViLBERG: Some you witnessed -- okay, thank you. CHAIn,tAN MERRILL: Thank you, sir. Going down the list again. Hassenplug, any questions? MR. H-ASSENPLUG: No. CH~IRMA~.~; MERRILL: No questions for the record, thank you. Teufe!? MR. TEUFEL: No questions. MS. HASSENPLUG: I'm sorry, I did have a question. CHAI~,U~N MERRILL: Come on up, ma'am. Thank you, Mr. Teufel. We got your questions already. MS. HASSENPLUG: I would just like to -- CHAIRMA2~ MERRILL: Ma'am, could you tell us your name first? MS. HASSENPLUG: Okay. I'm sorry, I'm Janet Hassenplug. CHAIRMAN MERRILL: Thank you. MS. ~SSENPLUG: Okay. And we just received these papers this morning on the estimated fees on our permits. And on here, Ms. Sulecki kind of misquoted my husband, or misunderstood. He did not agree ~o paying the BCC prices. I just would like to note that 5his time. CHAIR~,L%/,; MERRILL: Okay. Thank you. Anything else? MS. ~SSENPLUG: That's it for now. CHAIRMA/,; MERRILL: I appreciate it. Le~'s see, i ~hink we're to Shirl~vs. Any cuesticns c witness, Mr. and Mrs. Shirley? MR. SHIRLEY: No, sir. CHAIRMAN MERRILL: No questions for the record, thank you. Henry? MS. HENRY: No questions. CHAIRMAN MERRILL: No questions, thank you. Stephens? MS. STEPHENS: No questions. CHAIR~,UC~ MERRILL: No cuestions, thank you And Looney. ' ' MS. GILLiS: No questions. CHAIRMA[,; MERRILL: Thank you. Simone, Gentry, Kane. Page 34 e MR. SIM©ME: No. CHAIRMAN' MERRILL: record. Thank you very much. January 8, 1999 No questions, for'thc you? i ~und Rossi, any ouestions: Yes please come up, tell us who you "l MR. PENA: My name is Richard Pena. I live on Rossi's property He's my father-in-law. ! CHAIn.tAN MERRILL: Okay. The reason I'm stopping you for a second is he's here, and unless you're a member of the bar or attorney Ros~iMR. PENA: I was also sworn in and I have a letter from Mr. ~{~ CHAIRM~ MERRILL: Could you put that in the record~ And can we the~ see the record so -- ' · ~ MR. PENA: I'll be glad to. CHAIP34AN MERRILL: -- make sure that -- MR. PENA: I am disabled, so excuse me -- CHAIRMAN MERRILL: No problem. MR. PENA: -- if I slur or take a little bit longer, so -- CHAIR~eIN MERRILL: Why don't we mark that as -- in the Rosgi matter, we'll call that Respondent Rossi, item A for identification. is there any objection from the staff to the admission of that? Show it to Ms. Rawson, and she can advise us, please. And Ms. Rawson, I think you know my question is whether or not this gentleman would be able to stand in for the property owner and 'd be comfortable in having him do that. ' MS. P~WSON: Well, Mr. Rossi is here. CHAI~4A/~ MERRILL: I understand. MS. RAWSON: ! suppose we could put him on the record and ask. But this letter clearly says that he has the right to discuss on his behalf. Richard W. Pena can discuss any matters regarding violations of county ordinances for Mr. Rossi, so -- CHAIPdV~ MERRILL: Mr. Rossi, I would just feel more comfortable if you would come up to the microphone and affirm that that's what your desire is. Would you do that for us? I appreciate it. Unlike everyone else who may be here, that record's a cold record Your name, please? · MR. ROSSI: Bob Rossi· __ CHAIPJ4AN MERRILL: And are you the owner of the property that's MR. ROSSI: Yes, I am. CHAIRFLAN MERRILL: And that letter that was introduced as an exhibit in your matter, is that accurate? iMR. ROSSI: Absolutely. ~'CHAIRMS~N MERRILL: Do you want him to represent you, or speak for MR. ROSSI: Yeah, somewhat, yes. CHAIR~t~$ MERRILL: Okay, thank you. ~D ,{.,. ROSSi: He has a few questions to ask. That's -- okay? CHAIR~'u%}: MERRILL: Thank you very much. MR. PENA: i appreciate it, sir -- CHAIRMAN MERRILL: Go ahead. Page 3 5 January 8, 1999 My question for Ms. Sulecki was as far as on her records, on statement,~ .. was that she has no applications or has no record of'any bullalng permits that were issued? i i~ MS. SULECKI: My research indicated there were no permits issu~d. i,~,~.MR. PENA: So does that mean that you had no applications for permits or no building permits? ii ~ MS. SULECKI: No, sir, it did not refer to applications. ! ~i MR. PENA: All right. So you have no copies or any record of any building permits that were issued at that time on any of the properties? i M S. SULECKI: That's correct. ~ MR. PENA: Thank you. ii! CHAIRIZJ~ MERRILL: Any other questions at this time? i MR. PENA: That's it. CHAIRMAN MERRILL: Thank you very much. Any other witnesses from staff, or any other testimony based t~.quest~ons that were asked here? ~ ~i~i MS. AP~JOLD: Yes, I have one question for Ms. Sulecki. Do you ha~< ~- did you find any information indicatinc that a lications h bee~ made for Mr. Rossi or any other respondent? PP ;~ad I ~!!~ MS. SULECKI: I did send out several blank forms for application, and~they may have been returned. I don't recollect at this point wh~ther I saw any applications or not. ~CHAI~4AN MERRILL: Any other questions? MS. A~OLD: No. CS~IRr~uAN MERRILL: Mr. Rossi, in your matter, since this only applies to 'you, based upon her answer right now, do you have any follow-up question to that, that she didn't see any applications? ~ ~ ~MR. PENA: No. ~i ~iiiCHAIR~.tAN MERRILL: Okay, for the record, no follow-up questions. ~ ~ Call your next witness, please. i MS. A~$OLD: We have no other witnesses. ~: CHAIR~,~ MERRILL: There are no other witnesses from staff? All right, ladies and gentlemen, aside from myse!~, the rest of this boa::~] and you have been sitting here since 8:30. 15 is now 10:30. At time '~ , w~..cut objection, we'll ~ake a 10-minute recess ~o allow you ~alk around and stretch your legs. We'll be back in session in 10 minutes. We're adjourned. ~! (Brief recess.) ii CHAIR~J~/'~ MERRILL: All right, if we can bring this back in order >;e'll reconvene the public hearings. ~ ~! Where we left off is the county has already ended its case in chief. We're now to the portion where you folks, if you want to tel2 usia.nything about your case, will have the opportunity to do so. i i~ MS. A~OLD: Can I interrupt? Mr. Chairman, if we can clarify, during the testimony of Ms. Sulecki, the question was asked about inqUliries on applications for building permits and issuance of building permits. During the break she was able to look at the records, and if she can just add that for the record, what she found. ! CHAIR~,TC.; MERRILL: I think that the appropriate thing to do, since we'd already closed that portion, is to have those folks come u:~ and testify as to anything they want to, and then in rebuttal MS . ARNOLD: Okay. Page January 8, 1999 CHAIP~Vu~d; MERRILL: -- to anything that the}, say, you could hat, if it in fact comes up. · MS. AR/~OLD: Okay. CHAIRMAN MERRILL: But we actually did close that portion. We'll start with the Humphreys, who happen to be sitting here front, and you've got your cold weather gear on. Mr. Humphrey, are you related to Ms Lee or is she a property owner with you? ' '· MR. HUMPHREY: No, we had hired her -- CHAIRMAN MERRILL: Use the microphone. MR. HUMPHREY: We had originally hired her, after a meeting out there with Mike Kirby, as our representative. CHAIR/4AN MERRILL: Do you want her to continue in that capacity? MR. HI/MPHREY: No, she's just going to make a statement and I'll go ahead with what I have to say. CHAIRFuAN MERRILL: Okay. MR. STIRLING: Could I ask a question of Ms. Lee° What is you~ title? . · MS. LEE: I was a permitting agent for the people to try to help them. I work with owner/builders, and I was recommended by the , · environmental board to them when this case first came. I was familiar with the various people and the aspects that they would have to do. And so I just sort of did a lot of the legwork for them, because this was a total confusion for the people out there. MR. ST!RLING: Are you being compensated by these people? MS. LEE: At one time I was, yeah. And now i just live there ith them. They're my neighbors. MR. STIRL!NG: What's your educational background? MS. LEE: I have an Associate of Science degree, and just lots of history. I've been working with the permit department in this count}, since 1983. MR. STIRLING: Thank you. CHAIPJ~AN MERRILL: You know what I think that I'd rather do, Mr. Humphrey, is have you call her as a witness, and you can ask her to tell us anything you want her to tell us. How's that? MR. HUMPHREY: Okay, she's just going to give you a quick -- MS. AJANOLD: And they can stand at each podium so that ~~ CHAIRMA/~ MERRILL: Yeah, if you'd like, you can stand here and she can stand there, or vice versa, and you're both heard. Ms. Lee, you're now a witness. You have been sworno MS. LEE: Yes. - CHAIR~ MERRILL: State your name for the record. MS. LEE: My name is Debbie Lee. CHAIRMAN MERRILL: And your address, please? MS. LEE: 1591 Panther Road, Big Cypress Preserve. CHAIRM3~$ MERRILL: Okay. Mr. Humphrey, ask her anything you want to ask her. MR. H~,~PHREY: i don't have anything to ask her. CHAIRM~; MERRILL: You're going to ask he right? r to tell us some[hing, MR. HUMPHREY: She's wanting to tell you somethinc, whatever it CHAIR[,b~{ MERRILL: So your question to her is please tell us what Page 37 January 8, 1999 MR H~,IPHREY: Please tell him what you want to tell him. ~ MS. LEE: Okay. As you recognize, that most of these ca, es ~real similar. The case history probably is t he same. I had submitted on behalf of all of them some information that we applied tO the board. And i just want to say that first and foremost, what we intend say here today is we deny the validity of this case, and it seems to us you're being given that authority. And the reason we do that is that the absence of building permits and inspections throughout the entire L-28 access canal area, although Its only been this Section 16 that has been selected for enforcement~ is due primarily to non-feasance by Collier County building representatives in that access was difficult and development was minimal durinq a time when the building concerns were closely associated with tax revenue production. And public officials actiqg in positions of authority should be able to be relied upon. We've provided information, which is called page eight through 13, Big Cypress Summary, which is a general history of the area. And then another important point is the Glades Electric package, in that an electric company provided service to this entire area without certificates of occupancy, based on verbal agreements with building o~ ' ~f~cials at that time. And, you know, we say that every effort was made to get permit~; and it's simply that the building officials were not willing at that time. And one other thing that I do want to -- I don't know if it -- this is a civil action, but all the other agencies contacted originally, various state and federal agencies, all decided not to take part in any charges against any of these people for the time it was done, and they cited the state statute of limitations. CHAIR~tAN MERRILL: Ms. Lee, you have -- at least we have in of us, I assume everyone has this -- MS. SA~JDERS: Yes. CHAIR,,tn2; MERRILL: -- it's an 18-page document that begins with page one with your signature at the bottom? MS. LEE: Correct. CHA!RMA/~ MERRILL: Is that the document that you're referring MS. LEE: Yes, correct. CHAIRMA'~ MERRILL: Staff, i assume s~nce You made thes~ copies, '?ou have copies of this? ' MS. ARNOLD: Yes, we do. MS. CRUZ: That's correct. CHAIRM;~.? MERRILL: If you wish to -- let me ask this to Mr. Humphrey. Do you wish to have this marked and introduce this into record of this procedure? MR. HUMPHREY: I guess so, yes. CHAIRMAN MERRILL: Okay. We'll mark it as -- for the purpose o[ this one, as exhibit in the matter of Board versus Gerald and Janice Humph~e,, ~ ~, as their Exhibit ~. However, I have a feeling that this is ~oing to go to everyone,s case~ and I'm going to ask staff, do you have any objection to this being introduced into ~he recordo MS. ARNOLD: No, we do not. ~ Pac;~ 3 8 Januar}, 8, 1999 CHAIRMA3.~ MERRILL: Without objection, it's in everyone's case ir Exhibit A, or next numbered exhibit if we already have one the case. , ~i Sorry, I kind of interjected there but I thought you wanted this there. , MS. LEE: Yeah. And one other point is that I do note right e two that the director at the time that we first addressed this 94 within just a few weeks that I became involved, did waive the )enalties. And present representatives say that he had not the [ty, although he was acting -- he was Director of Code ement and Acting Director of Administration at that time. And that time the permit fee -- the penalties were two times, and he lid waive them at that time. CHAIRMAN MERRILL: You were told that they would be waived MS. LEE: We were told -- CHAIRM3~N MERRILL: -- but they didn't have the authority? MS. LEE: ~- yes, there was a memo by Michael Kirby that said'on ?ecember 12th that Richard Clark waived those penalties, and he ~xtended our original compliance date to allow me time to prepare and !nvestigate. . CHAI~4A~,~ MERRILL: Do you have a copy of that? MS. LEE: Yes, I do. It's in your file. It should be the last pages, 17 and 18. Page 17 -- no, 18. And this was a summary done ~V Mike Kirby to date of 1-17-95. And -- CHAIRMJ~N MERRILL: Okay, I see -- MS. LEE: -- Code Enforcement does have that in their records. d that was a statement -- that was when he formally wrDte it. He ~rbally told me on December 9th that that was what was being done ~d Mr. Clark also told me that that's what was being done. CHAIRMAN MERRILL: Thank you. Do you have any further question:~ MR. HUMPHREY: No, I don't. CHAIRbUtN MERRILL: -- Ms. Lee? Staff, do you have any questions of Ms. Lee? ~ MS. AP~OLD: The letter from Mr Kirby, I can't find that in my :ket. ' iMS.. LEE: It's page 18 of my package that I submitted to Maria t . weeK. Page 18. MS. RAWSON: It's under the Rossi. ! i! MS. AP~OLD: But was there -- CHAIRMAN MERRILL: Ms. Lee? MS. LEE: Yes? !~ CHAIRMAgq MERRILL: Is this the letter that you,re referring to? is entitled enclosure E, originally submitted November 19th, Big C ess Natural Preserve? MS. LEE: That's correct. CHAIRr~A~4 MERRILL: Would you put that on that overhead so ev, ~ybody can take -- see that? And that's what you're referring to? No. There you go, so you can read the lettering. And bring it just a little bit. A little more. That's wha[ you're referring to? MS. LEE: Yes. CHAIRFuAN MERRILL: Okay. Staff, do you now know what they're Page January 8, 1999 referring to? MS. ARNOLD: Yes. Yes, I do. CHAIRMA~ MERRILL: Now, I'm going to give my packet to y~u so that it's included in the record and marked. And where we were was whether staff had any questions Of Ms. Lee. MS. AP~OLD: No, we do not. CHAIRMA~ MERRILL: Any member of the board have any questions o[ Ms. Lee? MR. LOCK~,T: Yes, I do, Mr. Chairman. Two questions, actually. One, did you state that you live in this area? MS. LEE: Yes, I do. MR. LOCK}bART: Auld in reference to your enclosure E, the second paragraph, date reference being April llth, 1994. It makes a statement about enforcement on two sites, Teufel and Martin sites. MS. LEE: Right. MR. LOCK~T: And my question is, back to the previous question I think someone else asked, all of the property in this area is mor'e or less in the same pickle because -- MS. LEE: Yes, the entire -- MR. LOCK_HA_RT: -- everyone has proceeded. Where is Tuff and ~ Martin in reference to the properties that are listed? I don't see them. MS. LEE: Those are two really hunting camps. This was how this came about. Back at that time they said oh, they're like hunting camps. A_nd those two were actually hunting camps that were included because of trash in the original violation, when the park flew over with code enforcement. And our area was picked specifically because there were some septic problems. We were allowed immediately to correct them, but building we were not allowed to correct. MR. LOCKHART: Okay. So again, maybe this question is directed at staff, and it's just to get background. What percentage of the population in the Big Cypress Preserve acquisition area are in violation, as the board has reviewed? And then kind of a side question is, if there are hunting camps that have violations of trash, appliances, other things, it seems th~' we're being piecemeal in looking at only selected permits and issues and problems, and not looking at the total area. And it's hard for me to know whether or not this constitutes 90 percent of the population in the area or 15 percent or -- can you help in that? ' MS. ~LP2{OLD: With respect to the percentage of the area that these petitions represent, the area of critical state concern -- MR. LOCKHART: Well, only in Section 16. MS. AP~NOLD: Oh, I'm not sure what percentage that is. But with respect to why we're addressing these and not others, these are the ones that were a complaint generated from the -- MR. LOCKHART: The DCA? MS. ARNOLD: Yes. MR. LOCFJqART: Which has overlooked hunting camps or has included hunting camps? MS. ARNOLD: I can't speak to that issue. MR. LOCi~qART: Is there anybody here from DCA? MS. LEE: This is the entire Section 16 population here. One Page 4 0 January 8, 1999 ection out of an entire rural area, which runs along the L-28 cana7 oad up through there. ~ MR. LOCKFJ~RT. So the Teufel and Martin sites -- MS. LEE: Are not in Section 16. MR. LOC~MAJkT: Okay. Thank you. And do you live in Section 167 MS. LEE: Yes, I do. MR. LOCKHART: But you're not on this list either. MS. LEE: I live with the Henrys. MR. LOCK~,T: Okay. Thank you. CHAIRMJLN MERRILL: Any other member of the board have any questions of Ms. Lee? MS. GODFREY-IRWIN: Yes. Kate Godfrey. How accessible is their getting to their home sites now -- MS. LEE: Nowadays -- MS. GODFREY-IRWIN: -- versus a couple years ago? MS. LEE: Nowadays, it's a little bit better. You take just a short turn right off of 1-75, which isn't really supposed to be accessed, but we're allowed for Miccosukee now. And you go about seven miles um a very dirt, muddy kind of road and then you go back about a mile ~nto theirs. ' ' And it is -- they've improved it quite a bit over the years, but from what you're used to in town, no, it's still quite a difference. But nowadays, people can get out there. MS. SAUNDERS: Who has improved it? homeowners? Has the state or the MS. LEE: No, the homeowners. They tried to get the county to ke part in helping us get various services, trash, waste disposal, which was one of their original things and schools No services were ever provided. ' · MR. STIRLING: I have a -- Jack Stirling. Are these dwelling units and mobile homes occupied by the title holders, or are they are there tenants .... ! MS. LEE: Majority are occupied by either lam -- actually, I think it's all either family or the owner. MR. STIRLING: Thank you. MS. TAYLOR~ This land is very iow, isn't it? MS. LEE: In portions of it has uplands, oak bannocks. Like to get the septics, I had to have DEP and everyone come out there. And just out of necessity, everyone is built up on the oak higher uplands. , And all of our septics that we did have repaired and everything, we got exemptions from DEP. And, you know, all of the improvements are on the upland areas of it. It's kind of an up and down. You kno,~.. how it is here in Florida. CHAI~4J~N MERRILL: You had a question of Debbie? MR. OXLEY: So you're saying the only access is off I~757 MS. LEE: Yeah. We go off 1-75, seven miles out. Now, we can also -- further down about a mile there's ~he Miccosukee Seminole reservation, and we can access Snake Road, which is a paved road through the reservation, go about 15 miles north, come back across the anil and come down seven miles. But we still have the seven-mile ir road. . MR. OXLEY: And you have to pay a toll. Page 4 1 January 8, 1999 MS. LEE: Yes. To get out -- to either go to Naples or there that we have to pay the toll. CHAI.R~t~2~ MERRILL: ;Lny other questions from anyone on the board of Ms. Lee? Thank you, Ms. Lee. Mr. Humphrey, anything else? MR. HUMPHREY: Yeah, I want to talk. CHAIP34AN MERRILL: That's -- now's your opportunity. MR. HUMPHREY: You took all my pictures down. CHAIRFtAN MERRILL: We'll put them back up there. Watch this. }tow about that? MR. HUMPHREY: I like that. CHAI~JLN MERRILL: We're good. MR. HUMPHREY: I want to make it brief as I can. I bought this property in 1979 from Roy Looney. I brought a trailer out there in '80. The first thing we did was applied for the septic tank permit and electric permit for the trailer. There was a resident out there that evidently knew somebody in Immokalee in the permit department. He brought -- evidently brought the man out on his buggy, on a wheel buggy, and approved our septi0 tanks, along with the electric department. So I have that. Then as far as the building, the Rossis were building and the Gillis' are out there, which are both friends of mine. Bob is a relative. I helped them a little bit building their home, and when they were finished, they in turn helped me build mine. Well, this was at the beginning of '83. I called the building department in Immokalee. I spoke to a Chuck Boone in reference to permits. He was familiar with the area, and the original Mr. Tillis (phonetic) had approved to go ahead, that they weren't coming out there and inspect them, to go ahead and build the home, build it to code or to the best of my ability, to code, which was fine with me. My brother-in-law happens to be a builder all his life. We built the home. The pictures are here. I have nothing to hide. You can look at it. It's built to code. There isn't -- I mean, I keep my property up. I see -- you know, I mean, you can look at that and make your own judgment on it. Then when we got the notice from Mike Kirby, I spoke to Mike Kirby. Very nice, helpful. He assured us I wouldn't have any proble~ at all with it. It went on, we had a meeting out there. He was out there with the building department. Everybody assured me it was coing to be no problem. When it come time to -- I wanted to get my permit, Mr. Kirby said you might be able to get an engineer, speed it up, make it easier, ge5 an engineer, who would fill out my after-the-fac~ building permits; come out there, inspect it, take it to them, and you know, make li~e simple. ' So I asked him did he know anybody that would do that. He says no, but if you call the building department they migh~ be able to recommend you one. ' i ca!l__ ~he Building Department, talked to Ed Perico, told him what Mike Kirb? said, and could he recommend somebody. He says no, ~hat they would do their o~'n ir, m~e~i~ 3r~ ~ece. f ~a~ we£[ f~ne Page ,I 2 :~nt my house to be January 8, 1999 ~'~ He ~ays you have inspected, come out you know, let s gc to it. to pay the impact fees first, okay? The impact fees, you know, are a lot of money. I told him, you know, that I had heard that they were already dropped, that the impact fees were -- had been no more. He says no, not to his knowledge. I says, well, how do I go to find out about that? He says to Betty Matthews. i I called up Betty Matthews, and she was on vacation at the time_. I .Spoke to her secretary. The secretary, I went through the conversation with her, and I didn't get any~where with that. So I sort of.~]just put it on the back burner that i thought that I did as much I Possibly could. ~ ~]~ Then'I got another letter from Alexandra, I spoke to her, Sulecki. Which she was very nice and helpful, it was the best that she could possibly be. , ~d i thouch~, well, maybe to e me pay the four'times t _ g ~ over all this hassle, ' he=';~I ~ut ~ ~_., .~. he fee a~d be ~one with 't th , ]us~ 1~_ ~o~6~t ~= _i~ ,j~ ~rlulng, would she kindl~, ~ ~- ~ en. So I asked ~..~ .... °gef.was. She sent me ba~ ~ ~-t~ m~ ~now w~at that ~--,~uever it ls. ~" = ~=~ner, it was about $1, 100 ~ ~d i got ~o thinking abou[ it, w y in the world should i pa ~is $1, I007 i haven't did anvthi , h. ~=~u anC show you my Dic~ ..... ~[~ou ~ ue~lded we'd go before-the ~ ~s. ~ ..... o, mu~ you make your declsion on whateve,- ~ ~d [ha~'s about all I really have t ~ . C~IR~,~; MERRILL. Staf~ ~_ . o say. ~]mpnrey, based unon ~ ~-~'- ~o,~ou ~ave any questions of Mr MS. - C~I~ MERRILL: ~Y m~er of the board have any questions of :.tr. Humphrey? MR. STIRLiNG: Jack Stirlins. Are you occupying the premises presently, ~r. Humphrey? ' MR. H~'?PHREY: Say that again? · .. T~RL~,:G: Are time? you occupying these premises at the present MR. H~PHREy: Just basically weekends. Four three days a week Three, ~four days a week. , MR. S.IRL=.~o: Nobody else is occupying it the other time? MR. u -.u~<PnxEy: No, no. But I plan on retiring out there, hopefully. ..... ~: Thank you. ~.1R. Hb~PHREY; Okay? C~IR~4 MERRILL: Any other questionso MR. LEWIS: Mr. Chairman? ~ ....RILL: Yes. MR. LEWIS: Mr. Humphrey, I have in front of me an exhibit, it ha~ a letter i believe signed by you, Gerald Humphrey MR. Hb?4PHREi': Right. - - MR. LEWIS: -- and also a building permit application. seen entered into evidence? Has that MS. CRUZ: ~:o, sir. MR. LEWIS: Would you like to enter this information into evidence? It's a letter dated Dece~er 29th 1998, addressed to the Page 43 January 8, 1999 Board of Count'/ Commissioners. ~/i CHAiRFJ~; MERRILL: And the attachments thereto? ! assume referring to the two-oage attachments? iMR. ~,'~'lS: Correct. i i MR. H~,IPHREY: Excuse me~ ~ ~ CHAIR~3I MERRILL: Would'you like that entered into the record nere today? ~! ~iR~H ~ 'H.~E~i L~ysE". ' . ~!i~ Okay. Staff, again, i know that you've given us[copies, so you have' obtained copies. Any objection to that~ ! ~ MS. ARNOLD: No, we do not. ' ' ~ ~ii~ CHAIRMAN MERRILL: Then that will be marked as the appropriate exhibit in your case and entered into the record. i ~ Thank you for bringing that up. I was kind of waiting to the end that, but I'm glad you jumped on it. Anything else from anyone on the board? MS. SAUNDERS: Yes, one question. Mr. Humphrey, to the best of yol knowledge, does your property meet the current county codes, as [nderstand them? MR. HUMPHREY: Yes Yes. Come out any time. Anybody can com~ ou ~nd look at it. CHAIRMA3$ MERRILL: I want to make clear, you built the house that's currently on the property when? What year? ~ ~ ~MR. HUMPHREY: Well, basically in '80. When Bob Rossi started, started like -~ he ordered trusses, I ordered trusses for my house. L~t'er on, maybe the end of '80, '81, had Leonard McCulloch, he was a l~g~er out there, I had a saw mill, I had my beams made up. i The actual construction I started at the beginning of '83. Compietelv -- when I say completely, I mean, you don't even see the picture, i mean with draperies hanging on the 'wall was in '85. ! CHAIR£iA/; MERRILL: Okay, that's -- ~ MR. H~PHREY: They didn't tell me to build it fast they just t°ld me to build it good. ' MS SA~DERS: O~ay. CHAIRMA~ MERRILL: That's what I needed to know is when you what year you completed it. t MR. LOCk, ART: I have a question, Mr. Chairman. I~ CHAIR~,~,; MERRILL: Go ahead. Mr. Humphrey, we still have some questions, if you'll -- t MR. LOCKHART: Mr. Humphrey? MR. H~PHREY: Uh-oh, now I'm in big trouble. MR. LOCKHA/RT: In reference to the building permit that you applied for and I understand was issued, did you have an understandi~ in any way of any inspections that may be required? MR. H~4PHREY: Can you say that again? MR. LOCKHART: The building permit or building permits, there's two copies attached to your letter -- MR. HUMPHREY: Right. MR. LOCKHART: -- when you received these, did you have an~' understanding of an}' inspections that were required or of any certificate of occupancy that would be required? MR. HUMPHREY: Certificate of occupancy I thought was with the electric, lhev did a final look at it. Page 4.: Ili January 8, 1999 O MR. LOCKHART: Okay. Again, with regard to inspections did you ever call the county? i~ MR. HUMPHREY: Oh, yes, I called the county, sure. MR. LOCKHART: So at various stages when work was completed, 'O' ? u.d call the county to come out and -- li~ MR. HUMPHREY: I called the county in '83. . '80~and '83. I talked to them ~ ~ MR. LOCK/DART: Okay. A_nd since the permit was issued, did you ever receive any correspondence from the county -- i' MR. LOCKHART: -- regarding inspections or -- , MR. HUMPHREY: Nothing. The first -- ~ ~ MR. LOCK/~T: -- time frames for inspections ~ MR. HUMPHREY: No. i MR LOC}LHART: -- or expiration of permits due to non -- ~ MR. HUMPHREY: No, we ~ MR. LOCKPJLRT: -- activity? ~ MR. HUMPHREY: -- from '84, from paying taxes, didn't hear anything from anybody until 1994 when this first came up. For t0 }'ears there was nothing -- we weren't even on the map far as I k~OW. , as MR. LOC.~ART: Okay. { MS SAU%;DERS: Excuse me one more question. Mr. Humphrey, are you~paying taxes to Collier County? '~ MR. HUMPHREY: Yes, ma'am. Yes, ma'am. ~ MS. AP~OLD: I have a -- i CHAIP34A_N MERRILL: Question down here. ~ MR. OXLEY: You say he does have a building permit~ Why does violation say Without a permit? ' fMS. ARNOLD: I was just going to ask Mr. Humphrey to clarify that!]i'll the building permit -- MR HUMPHREY: That was on a trailer. That was on my trailer. · MRi STIRLING: So you don't have a building permit for your home from 19837 . iMR. HUMPHREY: No, that's when they -- the home, they weren't goin~ to come out and inspect it. The permit on the trailer was on the septic and electric. MR. STIRLING: Mr. Humphrey, I had a home built in 1983, and I my builder got all the required permits and I got a certificate of occupancy. MR. HUMPHREY: Yes, sir, but it wasn't where we live. , iz ~his -- It wash t MR. STIRLiNG: No. MR. HUMPHREY: I mean, I'm not trying to stand here and say that if I was in Pembrook Pines where I live that I wouldn't get a buildinc permit. I'm trying to say out here, they couldn't come out there because i" wasn't accessible unless you had a four-wheel drive or a buggy. wi~en we first went out there in '79, we used a wheel buggy. In 1980 I had to buy a Bronco, which is a four-wheel drive Oehic~e, to get in and out of there. And ey~dently, they didn't have it or,didn't want to do that. That's all ~ m trying to say. I'm not t~yin~i*to say you shouldn't have one i? '83. I tried to get one. Page 45 January 8, 1999 ~ MR. STIRLiNG: Thank you. MS. ARNOLD: Can I ask Mr. Humphrey a question? CHAIRMAaN MERRILL: Well, we're going to go first down here on this end of the board and then we'll come back. MR. OXLEY: No, the primary question is documentation. You they didn't want to give you a permit. Do you have anything in writing that you can verify that with -- MR. HbI~PHREY: No. MR. OXLEY: -- or it's just word of mouth or -- MR. H~'lPHREY: No, sir, just word of mouth. That I can't hell: you with. I can tell you who I spoke to, and that's it. CHIIiR~b/N MERRILL: Ms. Arnold? MS. AP~OLD: Mr. Humphrey, what year was it that you attempted to get a permit for the single-family structure? ~MR. HLrMPHREY: Well, in '80 and '83. Beginning of '83. '80. '~MS. A~JOLD: The building department provided you a permit foz thel..mobile home but they wouldn't give you -- i'iMR. H~PHREY: That was in '80. That was for the septic tank and electric hookup. That's when I got my power was in 1.980. MS. APNOLD: And they provided you a permit for a mobile home 19807 MR. HUMPHREY: Yes. Yes. MS. ARNOLD: And at the same time, did you request a permit ~o: ~he single-family structure? MR. HUMPHREY: I didn't start that then. I didn't start that ~il '83. I called them again in '83. They said they were still no~ giving permits out there on homes. They weren't inspecting. They weren't coming out there. MS. ARNOLD: So in '8 MR. H~4PHREY: This is the electric company that come out thor,. and put power in. The}, put power in. In '80, we had power. MS. AP~.~OLD: But in 1983 you requested a permit? MR. HUMPHREY: Yes, I called and talked to Chuck Boone MS. A~.;OLD: And did you -- MR. H~.:PHREY: -- in immokalee. MS. ARNOLD: -- did you fill out -- MR. H~4PHREY: No, I -- MS. A~JOLD: -- an application. MR. H~,~PHREY: -- didn't fill out any more permits. He said ~eren't inspecting out there. MS. A~;OLD: Okay. CHAIRMAI{ MERRILL: Anything else from anyone? MR. OXLEY: You've referenced Chuck Boone. Is he available in any way, or can he be called before the board at some point in time '.'erify what the gentleman is saying? CHAIR~,tA/: MERRILL: I don't know who that question is directed t. . assume staff, because I don't know the individual. MS. AR::OL2: I don't know the individual either. And we didn't MR. H~,:PHREY: Building Department. MS. AR~;OLi: -- attempt -- MR. O:<LEY: Because if at that point in time the building ']~}oartment was telling him go ahead, we don't want to come out becau:',. '...',. don't have the availability to get there, there's som{~thing wrong January 8, 1999 ith this. Definitely something very, very wrong with this. CHAIRM~.; MERRILL: Any other questions? Mr. Humphrey, something else? MR. HUMPHREY: That's all. CHAIrmAN MERRILL: Thank you very much. McCullochs, would you like to speak on -- in }'our issue? come forward. And if you would, into the microphone, tell us your name and your address. MS. McCULLOCH: I can't talk, I have the flu Debbie is going talk ~or me. Is that okay? · ~o CHAIRMAN MERRILL: Okay, but tell us }'our name as best you ca~. MS. MCCULLOCH: My name is Alison McCulloch. CHAIRMAN MERRILL: We got that, okay. And you would like Ms. Lee to speak for you? MS. McCULLOCH: Yes. CHAIRMAN MERRILL: Okay. MS. McCULLOCH: Okay, just tell them that when we went to get permits, my husband talked to Mr. Tillis, and he told him we did need permits because they would not come out there. MS. LEE~ Do you have her -- CHAIR~'b~C; MERRILL: We do. MS. LEE: -- statement in evidence? All right. Okay, she just wants to reiterate that they settled there in 1976. At that time, when the electric company was considering putting service in there, the issue was first addressed with the building )artment in Immokalee, and they did issue Leonard a two dollar lectric permit for their site and their saw mill. MS. MCCULLOCH: It says building permit on there. MS. LEE: And it says building permit on it. It was a two permit. And that was when they first installed the electric service ri. ght at the entrance. Then in 1980, when they were going to start building their home and the electric service was coming further in, Leonard and Mr. Teufei went up to the Immokalee substation, spoke with them verbally, you know, about getting permits, and at that time it was being decided it was right after the mobile homes. And so they pretty much -- Mr. Tillis was the man's name at that t:me. They decided that they were not going to continue coming out, because all these people -- the property was beinc sold all these n~'oDle were settling in right there at '80. So they made a verbal agreement with the electric company to inspect the poles. And I believe one of the letters in my packet says %hat they had septic tanks, you know, to inform them of that. And so the.,, went up, Leonard and Mr. Teufel, and 'were told the saree thing, tha{ we're not going to come out there and inspect, so j~:s', you know, build to the best of your ability. MS. MCCULLOCH: One other detail I know my husband had septic MS. LEE: Oh, also, what they did provide to Mr. McCulloch and several other people was instructions for how to build the septic sys[em. At that time they used to allow you to build it out of crete block, coat it and put the top on. So they were given instructions on how to build the septic system by the count},. Page .; 7 CHAIR~.~d~i MERRILL: Would you like these two pages to be introduced into the record in your matter? MS. McCULLOCH: Yes. CHAIRMAn; MERRILL: Staff, any objection? MS. APd{OLD: No. CHAIRt~A~; MERRILL: They'll be so introduced and marked as in her case with the appropriate number. I'm just going to start stacking these things here for the court reporter, because I have a feeling that we're going to get several. Anything else? MS. LEE: She does realize that the way that they were treated as compared to everyone else in the county wasn't regular due to thoir inaccessibility. And that was also followed up by -- as I stated before, they tried to get school buses for her children, they tried ~o get services, and the inaccessibility was also applied to that. They actually sent their children to Hendry County, and all children out there would go over to the reservation, take a several hour bus ride to Clewiston, and attend Hendry County schools. Other ~han that, they were home schooled. She believes in equality for all in the law and feels that the'/ '~ere treated irregularly from the very beginning. CHAIRMuA/; MERRILL: Thank you. Anything else~ Staff, any questions of this -- ~ ~ ' :~S. ARNOLD: No. C~iRMgC; MERRILL: ~ny member of the board have any question:3 ;<s. McCulloch? MR. STiRLING: Ms. McCu!loch, are you occupying the premises ~oday? MS. McCULLOCH: Yes, I am. Yes. MR. STIRLiNG: Do you have a Clewiston address? MS. McCULLOCH: I work on the reservation. MS. LEE: She works as a school teacher on the reservation ':'ou no~ice, all -- . And MS. McCULLOCH: That's where I get my mail. MS. LEE: Ail the addresses, we do not get postal delivery either. So that's why all of our addresses are either over in C!ewiston or over in Lauderdale. CHAI~,~A~; MERRILL: Thank you. MR. LOCKP3~RT: I have a question. -CHAIRMJtN MERRILL: Okay. ~MR. LOC~qART: The package you submitted has a newspaper artic!(~ What paper is that from? MS. McCULLOCH: Woman's World. MS. LEE: Woman's World It was in the maga ~ MS McCULLOCH: 1981. MS. LEE: 1981. sc~_t?MR. LOCKHAtiT: Okay. So it was not in the local newspaper of ani,, MS. LEE: There was a Tallahassee Democrat ~- MS. MCCULLOCH: It was in the Naples paper about the school bus. MS. LEE: She says the Naples newspaper did carry an article ah~ut the schsol bus problem. She's no~ familiar with the article. January ~, 1999 CHAIP34AN MERRILL: Anyone else have any questions of Ms. ~¢~ :Culloch? MS. TAYLOR: Well, I have a question How did you all acquire this land? ' MS. LEE: Mr. Looney owned the entire section, which is one of %he defendants here, dating back to the Fifties. And then he agriculturally subdivided it. It's in my one package in explanation. He agriculturally subdivided it into five-acre plats. And they were aware, they did investigate, that it was one home for five acres. And then he began to sell it off to friends and family. So most of these people are interrelated, not just family-wise, but neighbors and friends that were in Lauderdale. And actually, Ms. McCulloch's husband logged the land for him at ~hat time, ran the saw mill and logged all the cypress. And a lot o~ %he homes do use, as Mr. Humphrey said, do have the cypress in their homes. It's kind of like a communal effort. CHAI~MA~N MERRILL: Any other questions from anyone on the boS~d? Thank you very much. Okay, Rebecca Benifiel and/or Thomas Vilberg. MR. VILBERG: I really haven't got a lot to say. One, the , property that I'm being charged with here I just bought in '94. The buildings and everything were there before I bought it, obviously. ~ So, I mean, I came and registered, paid taxes on the thing. I have had other property out there for a long time next to Mr. Shirley. w~d Shirley and I, back, I think it was '86, I'm not sure, made a deal ith Glades Electric to bring the -- extend the electric out. I think e had to come -- whenever the fisherman was, which was maybe 600 yards or 1,000. We each had to pay him, Glades, I think 30 or $60 a month for -- 'til we paid him $600 apiece or somethinc like that to get electricity to their property. At that point, Tom went and applied for a permit to build his place next to -- and then I had a motor home at the time, and I was clearing some land on my property. And then after he had applied, ~ried to apply, just to have a little pad and a thine that was access to m'/ motor home. And I called over here to the building permits (sic) and they told me don't worry about it, they're not coinc to come out me, probably m':' wife. ~ - -- excuse Hello? Yeah, in fact, I'm testifying richt now. Oka¥,o It's Mrs Benifiel, do you want to talk tc her? ~ ' ' MS. SA~JDERS: Hi. CHAI~iA2.; MERRILL: We do not yet have the ability ~o take testimony in that manner. - MR. VILBERG: Okay, I'll talk to you later. Okay. CHAIRMJ~[ MERRILL: I must say that this is a first. MR. VILBERG: So in either case, they told me at that point that the}, were not going to send any inspectors out there for me to do whatever I wanted to do. ' CHAIR~DX/$ MERRILL: This was in 19947 MR. VILBERG: No, it was '86, I thin}: it was. CHAIRMA2~ MERRILL: '86. MR. VILBERG: Because I started doing some -- I had a stroke in '88, and I was -- have been incapacitated since, so I know it was Page 49 January 8, 1.999 either a ':'ear or two before that And i don't know who I talked to. :%Ave no idea. But this whole thing, everything here is -- the county is trying -o take money from us, or get money from us. The people at the federal government level are trying to put all kinds of restrictions ,tn us. We' re being harassed from all directions. You people want ~our times now the permit fees? Before you wanted big money on the impact fees. And you give no services in return. None whatsoever. CF~AIPJ<A/~ MERRILL: I'm listening to you, but you're saving "you" We're not part of "you". MR. VILBERG: You're representing Collier County. CHAiRM~ MERRILL: We're representing the code enforcement laws. we don't ~- well, Collier County, we're here to determine whether or noti..there s a v~olation, and if there is a violation, what to do about it.~But we don t work for the county. c ~ein9 fair here as not to charge us with anything. I mean, that's ~he },nlY thing that's fair. There is nothing else that you could do except that. CHAiRMA2: MERRILL: Thank you very much. i appreciate that. Before you go, hold on a second, there ma':, be some questions. Does staff have any questions MS. APS~OLD: Yes, we do. Mr. Vilberg, you indicated that you purchased the property in 19947 MR. ViLBERG: Yeah. MS. APJ;OLD: And did you -- you said you were attempting acquire permits? At what time? MR. VILBERG: On the other property that I have. MS. ARNOLD: Oh, okay. MR. ViLBERG: I have property next to Mr. Shirley. I've had that ~cr a long, long time. MS. ARNOLD: Okay. Are you presently doing any additions? MR. VILBERG: Yes, ma'am. MS. APi.~OLD: Have you attempted to acquire permits from the ccunty for those additions? MR. VILBERG: No. MS. ARNOLD: Thank you. CHAIPJ,LAN MERRILL: A~ny other -- are you finished? MS. A~2IOLD: Yes. CHAIPJiAI,~ Mn..RILL: Any questions from the board? MS. SAUI~DERS: I have one question that relates to staff, actua==.. I notice in looking through this that all the fines seem to be different amounts. Are they based on when the prop -- what are the based on? Are they based on when the property 'was built or the s"-e of ihe thine or -- MS · i.~':~~-, They re based on the ~n,~ia construction time of CHAiRM~2; MERRILL: Other questions from MS. GODFREY-IRWIN: In your statement, you've commented on that on ~ your pro~_~t:, even though i.t ',.'as posted -- Page 5 0 January 8, 1999 MR. ViLBERG: Right. MS. GODFREY-IRWIN: -- and took pictures inside your home?. MR. VILBERG: Yeah, they got pictures inside the house, .they got ictures in the back, way in the back of the house, i mean, the only way they could get them, there's got to be trespassing all over the blace. I mean, it's just -- everybody's harassing. They just -- it's been going on like this now for the last two or three, four years. And the government -- I know the federal government wants us out of there. They don't want to pay us for it. The other property I have next to Shirley, I paid $10,000 for the property, paid interest for a couple thousand, had a pond dug for like ,000, had the electric company bring (sic) in for like $600. I turned down $20,000 about four years ago, and the government wants to give me $11,250, and they say they're going to make me take it. They're going to -- I refuse to sell it to them, and they're going to take me to court. I mean, this is strictly -- nothing has been fair here with the government. MS. TAYLOR: Do you feel now that you don't have to have a permit for this addition? Do you feel that you -- ~ ~ MR. VILBERG: It's not an addition, I'm remodeling. MS. TAYLOR: Well, do you feel that you don't have to have a permit for that? ~} MR. VILBERG: No, not necessarily. But, i mean, every -- I mean, I'll~!be willing to get a permit. But you want to charge me going back All i'm doing is remodeling the house 1~~ . I'm not making additions at CHAIRMAN MERRILL: Anything else from anyone on the board? Mr. Viiberg, thank you very much. I appreciate it. MR. OXLEY: Just a general question, if you would. I assume that this property was originally agricultural land. Do we know when it was given a PUD so they could put in -- i~ MS. A~;OLD: Put in what? This -- i MR. OXLEY: It was agricultural land, originally, I assume. MS. AP2$OLD: This property was originally agriculturally zoned, and it doesn't have a planned unit development. It's been rezoned from agriculture to conservation, so there's no planned unit development designation on that property. CHAIR~,~2.; MERRILL: Mr. and/or Ms Hassenplug Hassenplug, you re Ms. Lee, Ms. Rawson and I are kind of envious of you you representing so many people. .MS. LEE. Well, they're kind of nervous, and sometimes · ~CHAIRMJ~N MERRILL: I'm kidding, I'm kidding being facetious wi~hlyou' . I'm iWoutd you please tell us your names and address, please? MR. HASSENPLUG: I'm Dave Hassenplug and this is my wife Janet. CHAIRM~.~ ~ ~:nRRILL: A~d your address, please? MR. HASSENPLUG: It's 1100 Big Cypress Road. CHAIR~ MERRILL: Thank you. A_nd one at a time, what would you like to tell us, or -- MR. HASSENPLUG: Basically, the same thing you've been hearinc without being redundant at your request. Page 51 1 January 8, 1999 C~iRMA/q MERRILL: Thank you. MR. HASSENPLUG: He gave you guys a letter with our -~ C.~IRMA~ MERRILL: Would you like that marked also and placed in your file? MR. HASSENPLUG: Yes. CHAIRM~ MERRILL: Okay. D~ny objection from county? MS. AP~NOLD: No. CHAIRF~ MERRILL: I don't seem to have that one, actually. MS. AR/~OLD: I don't see a letter either. CHAIRM~ MERRILL: That may not have made it in our packet. Is it in the packet? MS. SAUNDERS: In the printout, the bound version. CHAIRM3~N MERRILL: Let me take a look here. MS. LEE: Page 12, 13, 14. MS. CRUZ: Mr. Chairman, they're referring to the first exhibit we introduced into evidence. CF. AI~AN MERRILL: Okay, we got it. MS. CRUZ: Respondent's Exhibit A. CHAIR~ MERRILL: Sorry to interrupt you, Mr. Hassenplug. MR. HASSENPLUG: ;%nd then you guys have the letter from t~e electric company that kind of collaborates some of what we have in our letter. MS. LEE: That is page 14 through 16 of the packace that I introduced into evidence. CF~IRM3~ MERRILL: Anything else? MR. HASSENPLUG: Just that we've -- we've been out there 19 zears. We've had a very peaceful existence. ~;e've never had a problem ~- Collier County never wanted to have anything to do with us. i don't think any of this would have come about at all today if .t wasn't for the federal government coming in and pushing a bunch of ~uttons and this, that and the other thing. ~nd it's just turned into lind of a very complicated jargon. And a lot of it's hard for me to understand when I read it, and 's why we hired Deborah Lee to represent us to kind of keep it in erspective. ' But we have raised five kids out there and, you know, it's just ~nnd we occupy our home and a mobile home that we've had from he beginning. We do have a house pad that we put there where the mobile home with the hopes of building our dream home. That was our plan. Amd unlike some of the others, we discovered the property cldentally. ! was taking my mother out to breakfast and that's how found this place. ' C~LAIRM3~4 MERRILL: You took a wrong turn somewhere. MR. F~SSENPLUG: It's just something I used to do for my mom once in a while. So at this time, if I could, if my wife wants to say anything, I'!' let her. CHAiRM~ MERRILL: Let's do this way: Staff, do you have any quotations of Mr. Hassenplug, based on what he said? MS. ARNOLD: No, I do not. CHAIRM3~.; MERRILL: Any member of the board have any questions of M:- }{assenp!ug? Page 52 1 January 8, 1999 MR. LOCK~,ART: Yes, I do. And I'm not singling you out in any way. What do you do for solid waste disposal? MR. ~LASSENPLUG: I'm sorry? MR. LOCKH3LRT: What do you do for solid waste disposal, trash d~sposal? MR. HASSENPLUG: We have a -~ we haul it off on the back of my Lruck. MR. LOCKHART: A_ny discarded appliances are hauled off? And where do you haul them to? MR. HASSENPLUG: Well, I work construction, and I honestly will stick it in their dumpster. My brother lives in think Wednesday of every week, and another day that they pick out stuff out front of their home. So I'll -- whenever a washing machine or a refrigerator goes bad, I'll put it in my truck on that day, or the night before, because .I. go to work in Broward, and put it in front of his home and they'll pick it up. MR. LOCKHART: Okay. And what about your septic system? Has it been functioning , MR. HASSENPLUG: I have a septic tank -- MR. LOCK/{ART: -- properly? MR. HASSENPLUG: -- that was inspected and was given the okay on. I did that from the very beginning when we first moved out there. Because that was one of the requirements of the electric company MR. LOCKH3tRT: Thank you. · CHAIR;~N MERRILL: Any other questions from anyone on the board? I have one question for you, and it's a thread that runs through all of them. Had you, prior to building or moving out there and installing -- you're in a mobile home? ; MR. HASSENPLUG: We have a mobile home that we originally lived In, and then we built a house, and my oldest son moved into the mobile home. CHAiRM~2{ MERRILL: When did you build the house? MR. HASSENPLUG: Pardon me? CHAIRM~ MERRILL:. When did you build the housed MS. HASSENPLUG: In 1983. -' MR. HY~SSENPLUG: Right. MS. HASSENPLUG: February 15th of 1983. CHAIRM3~N MERRILL: Did you attempt to get any building permits? MR. HASSED;PLUG: We attempted to get permits from the very beginning. CHAIR~ MERRILL: What happened when you attempted to do it? MR. HASSENPLUG: Well, Glades Electric required one, so we called Collier County. They referred us to Immokalee Building Department. We spoke to I think it was Mr. Tillis at the time. He was kind of very to the point, because there's been so many that were calling him. He said look, I'm very aware of the area, we're not issuing permits, we don't have the vehicles or the manpower to come out there and do ~hose inspections. Build to the code the best you can. A,nd that's what he told us, and that's the God's honest truth. CHAIRMDXN MERRILL: Is that what you did? MR. HASSENPLUG: Yes, sir. Page 53 January 8, 1999 CHAIRM~4 MERRILL: Thank you. You answered my question. MS. SA~DERS: One more question. Since that time, have you been paying Collier County taxes? MR. HASSENPLUG: Yes, ma'am. We've been paying Collier County taxes all along. We have homestead exemption on one five acres. MS. SAUNOERS: And you've never been notified by the county until this came up? MS. HASSENPLUG: Four years ago. MR. HASSENPLUG: Until the government came in. Back years ago, they did a story in the newspaper that went all over the country, so i'm sure it got over here. But it was all over the country about buses and how we had -- they had pictures. And the guy in charge of the school board, or whatever -- MS. HASSENPLUG: Mr. Munz at the time. MR. HASSENPLUG: -- okay, made the decision about the buses, criticized how bad our roads were, of being like a war zone, and wsuldn't give us buses. So we were forced to drive our kids seven' miles to the reservation, and then they would drive 45 miles to C'ewiston. So needless to say, we knew where our kids were all the tire.- CHAIRMAt$ MERRILL: Any other members of the board have any questions of Mr. Hassenplug? MR. LAViNSKI: Yes, I have one, Randy. In this time, you say you were paying taxes from basically day cxe. Have you ever seen a county appraiser's vehicle out there coming ~rom -- MR. ~SSENPLUG: No, sir. No, from what I understand, they were doing it from the air. They took air photographs and they woul~ measure the improvements and tax us accordingly. That is my understanding of how it was done. There was one appraiser who came out, I believe in the -- agricultural, and he was going to talk to me about -- i don't know what his original purpose for coming out was, but I spoke to him, and he was going to get me the agricultural discount on my other five acres that I didn't have the homestead exemption on, because I had cautle. And at the time -- he was looking for Bill Revenaugh (phonetic), as ~y wife said, and found us accidentally. But the one-mile Section 16 is fenced in with barbed wire, because there's cattle out there. So all our horses and cattle just kind of always used to run together. And then little by little we fenced in our properties individually. And so i've had -- I've got cows. and. pigs and things like that. And that's how I -- that's the on 'z t~me I sa,,: him, and it was the last time. MR. LAVINSKI: Okay, thank you. CHAIRMAN MERRILL: Any other questions? Thank you, sir. Do you wa:~t: your wife -- does your wife have anything she'd like to say? MS. HASSEHPLUG: Yes, I do. Yes, I'd just like to let you know ~::,~,. ~ m sure ':'our questions to us are why do you want to live out th~,-~ And basical~, ..... x}, you could not pay me enough money to move. O~h~ii~ grg m':' neighbors here that would lay down their lives for me and · 1 c the same for them. You cannot get that ans.;here else. We have all tried, we've all communicated, and we've all tried to Pace 54 January 8, 1999 ficht this. And we really need your help, you know, that these permits 'are passed the way we need to have them passed. I have raised five children out there, and it was very hard on my first three. I had to go to Naples and pick up releases for my children to go to Clewiston schools. That was not easy at the time when we only had one vehicle. We do not get anything, nothing for the taxes we pay. Right now mv two younger children, who are 13 and 17, are home schooled, which I pay $2,000 a year for that out of my own pocket. We have really tried to get permits. In all our honesty, I believe we have the proof here, the backing up here, to show you people that this is what we've tried to do. It was never anything undermined to anybody. And that's all I have to say. CHAiR,.tAN MERRILL: Thank you. Staff, do you have any questions of Mrs. Hassenplug, based on her testimony? Any member of the board have any -- MR. STIRLING: Do you have mail service out there? MS. HASSENPLUG: No, we don't, sir. MR. HASSENPLUG: NO, we don't. They wouldn't give us anything. MS. HASSENPLUG: I have to also pay for that. CHAIR/tAN MERRILL: Any other questions? MR. LOCKHAJtT: Yes, I have a question. And again, it goes back tc what I see are significant concerns. You mentioned that the neighborhood is close and everybody is l~ke a f~nd, relative, what have you. Have you observed anybody else illegally dumping or not taking care of trash? MS. blASSENPLUG: We're pretty environmentally aware out there. That's why we live out there. Basically there are some campers and there are people who do camp on the canal road at times. MR. LOCKHART: Have you ever observed discarded appliances? MS. ~iASSENPLUG: Oh, on -- yeah, on the canal roads, people do come out there and dump. But it's not the D~OD]~ who live out there. - r, ean, we like our homes nice. '- ''- :.:R. HASSENPLUG: We do clean it up. MS. HASSENPLUG: In fact, my kids take their three-wheelers and gc along the road and pick up cans from cambers and hunters that have cc;7~e out. MR. ?iASSENPLUG: Can I say one more thing? CHAiRFulJ,I MERRILL: Just a second. Just a second. I won't cut you off. but any other questions of Mrs. Hassenplug? Mr. Hassenplug, did you want to say one other thingo MR. HASSENPLUG: Yes. ' CHAIPJdAN MERRILL: Go ahead. MR. HASSENPLUG: I do have a trash pile of just metal. It is on my property in a pile nice and neat. Mr. Simone had contacted a company that will bring a dumpster out to our property, and we can put all our metal into that dumpster and they will haul it off for us. So we don't just go out in the woods and dump stuff, but it's in a neat pile just waiting to be hauled off. CHAIRMPWI NERRILL: Thank you, folks. Mr. Teufe!. You need to tell us your name and address. MR. TEUFEL: Yes, my name is Thomas Teufel, and £ live at 1010 ,'.!i' 'er Road. Pag. ~ 5 5 January 8, 1999 And basically, I'd just like to sa}' the same thing everybody else s. i have applied for permits, Mr. and Mr. McCulloch, when 'I got there in 1979 and '80, we had went to Immokalee to apply for permits, and they basically told us that we're rural and they don't dome out and inspect, and we just go ahead and do what we want to do with it without permits. That concerned me about getting my electric, because I knew you had to have permits. But when I applied to Glades Electric, there was no problem, and there was like the t'wo dollar fee that covered everything. And they inspected it, and they said they had an agreement with the county that the county would honor their inspections of our septics and stuff for electric purposes. My septic tank was put in by a licensed septic tank person, plus my electric was put in by a licensed electrician. And I welcome any inspectors that want to c~me ~ . . i've never in no way had the idea of deceiving or anything on geLting my permits or anything. And like I say, I think I've done everything I needed to do to try to get them. CHAi~,t~; MERRILL: There's a one-page summary. Would you like ~ha~ -- MR, TEUFEL: Yes, please. I.CHAiRMAN MERRILL: -- included in your case? .~MR. TEUFEL: Yes, sir. I~CHAIRMAN MERRILL: Staff, any objections to the one- a e summer i~ MS. ARNOLD: No objections of entering it in. i/ CHAIRMAN MERKI~L: That will be admitted into th~ record. ~ .MR. TEUFEL: I d also like to say that when I die. apply for the :~ermits and eta[ted work on my house, it was still zoned agricultural. It was back in 85. CHAIRMAN MERRILL: Staff, any questions of Mr. Teufel~ MS. AR/~OLD: No. ' CHAIRMAN MERRILL: Any member of the board have any questions of Mr.~ Teufel? MR. STIRLiNG: Do you have a two-story -- MR. TEUFEL: Yes. MR. STIRLING: -- wooden structure on your property? .MR~ TEUFEL: I have a concrete block basement and wood frame. MR, STIRLING: You have two wide trailer, travel trailer? TEUFEL: No, sir. i STIRLING: A semi trailer truck? ~R. TEUFEL: It's gone. Trailers are gone. · STIRLING: A white mobile home? MR TEUFEL: All them are gone. No mobile homes. MR. STIRLING: You have two concrete sheds? ~4R. TEUFEL: No, sir. A four-by-four well enclosures over the well. No concrete other than the house. MR. STIRLING: Two chickees? MR. TEUFEL: Yes, sir. One now. MR. STIRLING: A wooden shed? MR. TEUFEL: Sir? Page 56 January 8, 1999 MR. STIRLI~;G: A wooden shed. r'~R. TEUFEL: Yes, sir, wood shed. Out-buildings. MR. STIRLING: Thank you. MR. TEUFEL: You're welcome. CHAIRM3~; MERRILL: ;thy other questions of Mr Teufel? 'Thank you, Mr. Teufel. ' MR. TEUFEL: Well, one other thing, that house is my permanent residence. MR. STIRLING: You occupy it? MR. TEUFEL: Yes, sir. MS. GODFREY-IRWIN: Have you seen any more helicopters around taking -- MR. TEUFEL: Not in the yard -- MS. GODFREY-IRWIN: -- taking photos of you're area, or people coming around? ~MR. TEUFEL: They're out there quite often flying around, ye&. MR. HASSENPLUG: They do land. ',' MS. GODFREY-IRWIN: They do land without permission on your property? MR. TEUFEL: Yes, ma'am, i i CHAIPdVJ~N MERRILL: Any other questions? Anything else? ~R. TEUFEL: No, sir. CHAIPJ4AN MERRILL: Thank you, Mr. Teufel. MR. TEUFEL: Thank you. CHAIPdv~AN MERRILL: The Shirleys. Mr. and Mrs. Shirley. And just to remind you folks that at 12:00 noon we will be taking a break for an hour for lunCh. ~',... SHIRLEY: Well, actually, mine's going to be sort of brief. CHAIRMA/~ MERRILL: So you won't take us 'til 12:00 huh~ r.~R. SHIRLEY: So CF~IP34A~; MERRILL: Tell us your name again for the record, please, sir. [~R. SHIRLEY: William T. Shirley. CHAIRM3~N MERRILL: And your address. ~<R. SHIRLEY: Address, 5120 Southwest 172 Avenue Fort Lauderdale. Zip is 33331. ' On April, 1987, I went to Naples and tried to ge~ a permit. I was in there for close to an hour before they could even come up with a map that went that far eastward. Finally they drug one out from someplace. So I told them -- I give my plans and so forth, and then I gave him the $70. And after I gave them the $70 and so forth, he says no, Mr. Shirle}., he says, we're never going to be able to get out there. Why don't you just ~ake this money back, which I have the receipt here. And he said we never get out there, it's too far out, so don't bother. And so that's what I based it on, his word. I went there in good faith, i went there in good honor, and he did the same thing, he treaned me that way. And based on that, I left. And as I look up here behind you all, in God we trust. Well, I'm [rus%ing you all like I trusted him and he trusted me What else can I sa'/? · CHAIR[.'~J~ [<ERRILL: Mr. Shirley, tha~ document that you have, Page 57 'oui January 8, 1999 d you like that introduced into the record? MR. SHIRLEY: Yeah. This is my only copy. You can take ~ picture of it. I've got to keep it, you know what I mean? CHAIn,tAN MERRILL: If you would -- MR. SHIRLEY: I have a recollection there also. CHAI~4AN MERRILL: Well, if you would show that to Ms. Arnold. Regardless, that will 'be marked as an exhibit in his case right now just for identification. ~MS. ARNOLD: I'll make copies. i MR. LEWIS: We may already have that in our original packet. CHAIRMA2~ MERRILL: Do you have the receipt in there? MR. LEWIS: Building permits. CHAIRM_AN MERRILL: That's an original. Let's see what it comes out like. You can proceed, if there's anything else. MR. SHIRLEY: I would like to say that the people out there are very good. They're like the old pioneers. They stick together. Somebody needs help, they all pile in, just like the good 'ol dayS[ But really, they feel like they're being picked on. I know it was said one time that Thomas Jefferson said that American citizens have the right to be left alone. I looked for the law, but I didn't have the law books. But we feel like for some reason we're being picked on. But years ago, "don't worry about it." But yet, we can't sleep an night. We don't know, because the meetings and sc forth have been put off year after year after year, and we want to get it over where we can sleep at night, you know? CHAIRMJ~ MERRILL: Mr. Shirley, I'd ask you to please step up here. And is this a copy of what you have just given us to -- page i2, Ms. Rawson? Same thing. MS. RAWSON: Is that it? MR. SHIRLEY: Yeah, that's a copy. CHAIRMAN MERRILL: So that's already in the record. That's great. Okay· MS. CRUZ: Mr. Chairman, I believe that is included in case number 99-010, and we're discussing 009 at this time. CHAIRMJ%~; MERRILL: Well, we can apply it to both cases· We do have 5hat, Ms. Arnold, it's in the packet. is there anything else you'd like to tell us? MR SHIRLEY: No, sir. Thank you = ~ · ~o~ your consideration and fairness. CHAIRMJ~ MERRILL: Thank you. Hang on, you may not be off the hock. Ms. Arnold or staff, do you have any questions of Mr. Shirley? MS. A~;OLD: No, we don't. MS. GODFREY-IRWIN: Mr. Shirley or Mrs. Shirley, have you seen any helicopters flying around, other than your neighbors, taking p{"~':ures? MR. SHIRLEY: Yes, i've seen them. And when they come in sc:"~mes, ~'/~.._. come in -- of course_, i~'s posted and so forth. Tt~ev, sa',·, oh, i'm lost, do you have any idea where I'm at. Well, they know where ~hey' re at. But that's their reason for getting in there. 5u5 we do try to be good, so forth. But I have a dog, and other people have dogs up there, and they're taking a big chance, because a Page 58 January 8, 1999 lot of people want to keep dogs in there for their safety and those dogs could bite them up. So we don't want any problems. Ail we're trying to do iT get along. MS. GODFREY-IRWIN: One more question. Are they coming in a jeep equipped to drive in that area, or are they coming in a motor vehicle? MS. SHIRLEY: They come in a jeep equipped to drive that area. MR. SHIRLEY: No, you can drive right to it It's a regular automobile. · MR. STIRLING: Jack Stirling. I -- are you occupying the premises all the time? ~ MR. SHIRLEY: Not full time. I spend almost as much time there as I do at the house in town. But I plan to retire there. MR. STIRLING: How much time do you spend there? ~ MR. SHIRLEY: Oh, three days a week, sometimes four. ,:~ CHAIRMAN MERRILL: Ms. Saunders? i!~MS, SAUNDERS: Mr. and Mrs. Shirley, have you -- aside from Collier County, raising these questions with you, who else has been -- or what other government entities have been talking with you about problems? I'm trying to get a feel for where -- what other government entities may be involved with how they're doing. Has the federal gcvernment contacted you at all, has the state contacted you at all? MR. SHIRLEY: Well, the federal government has contacted me if want to, you know, sell the property, for which I don't. Other than that, I can't recall of anything. CHAIP_MA2$ MERRILL: Any other members of the board have any questions? MS. GODFREY-IRWIN: Have they offered you any sum of money for your property? MR. SHIRLEY: No. CHAI~4AN MERRILL: Thank you, Mr. Shirley. Ms. Shirley, did you want to tell us anything? MS. SHIRLEY: Yes, please. The one thing that -- my name is Nacmi Shirley, and our address in Collier County is 54219 Otter Creek Road. What I didn't like is when we got here this morning, we got this summary, two-page summary of violations. However, this is hitting the surface. This is not everything that happened. Postponements and how many times we've been over here, like about 10 times for 10 meetings, and one time we might be here 20 minutes and then they couldn't hear us at that time. And also, I wanted you to know that at the time on -- in 1994, when they complained about the sewage, we had what we thought was adequate septic. They asked us to -- gave us a violation, asked us to make new sep%ics, which we did, and which cost like $10 000 that we did not have . , BUt we tried to be according to codes -- your codes. We're ~rying to do ~hat is right. And we did this. But however, it doesn't say in here that we got permits for that, and ~hat was one of the violations that was completed. It looks like ~his le~[er says that we have not been doing anything, but we really have Page 59 January 8, 1999 'My husband and I, if some -- we have someone at our place and they put a cigarette butt, we pick it up. We try to keep it very clean, very nice, because we love it there. We don't want to sell it. We have no ideas of talking to anyone about selling it. It is not for sale. And we love it out there and we enjoy it. And we hope we can stay and we hope you guys can get this over with today so we don't have to keep worrying about it. CHAIRMAN MERRILL: Thank you. Any questions? Any questions from the board? Thanks, folks. Let me ask the next folks on here, which I think is the Henrys, okay, we're at five minutes 'til 12:00. Are you going to want to say anything? It's up to you. MS. HENRY: Yes. CHAIRM3~ MERRILL: If we do, we may want to -- MS. HENRY: Yes, I probably need more than five minutes. CHAirmAN MERRILL: All right, then, with that, at this time, ~fhen we'll take our lunch recess and that will be for an hour and five minutes. We'll resume at 1:00 at this time. The hearings are in recess. (Luncheon recess.) CHAI~ MERRILL: All right, we are ready to go back and reconvene the South Code Enforcement Board of Collier County. It is 1:04 on my watch. And where we left off was, i believe, was Mr. and Mrs. Henry. Correct? MS. SAUNDERS: Yes. CHAIrmAN MERRILL: Would you like to come up and testify, please? Whoever is going to speak first, would you tell us your name and your address. MR. HENRY: Charlie, Barbara and Mike Henry. CHAIRMJtN MERRILL: And your address, please? MS. HENRY: 1505 Dear Run Road, in Collier County. CHAI~3tN MERRILL: Okay. And I'm going to give you a minute to kind of get ready up there. And in the meantime ask you -- I have in m}' hand an item that says the Henry property and has some attachments to it. Attachment A, B -- all the way to I. A two-page document, attachments A to I. Do you wish this to be included -- MS. HENRY: Yes, please. CHAIRMY~; MERRILL: -- in the record7 Staff, an}, objection? MS. AP2;OLD: No, we do not. CHAIRMA~ MERRILL: I'm sorry? MS. AR/~OLD: No, we don't. CHAIPaVtAN MERRILL: Without objection, this has been entered into the record in the evidence of this case. Proceed, ma'am. I'm sorry to interrupt. MS. HENRY: My husband Charlie and I live in Big Cypress Sanctuary, which is in Section 16, Township 49 south, Range 34 east, Parcel 1.17. Our two sons, Michael and Ron, and their families live in the same section, on parcels 1.1l and 16 respectively. ~n before we moved to the Big Cypress in May of 1980, we a permit for our trailer, septic system and electric. After a ring summer without electricity, we finally completed the Page. 60 ....... ca, wor~ and a septic system with a hounded d:'aiu In ZeHterber o~ 1980, we were ready for- inspection and certificate of occupancy in order to be connected to electric serv~.;~. But when I called Mr. Tillis in Immokalee Building Depa'rtment, told me he would not be able to come out because he did not have a four-wheel drive vehicle, which back then was a necessity when previously dry, rutted logging roads became a treacherous morass ol bottomless muck. I was nevertheless devastated when Mr. Tillis toil! me that he would not come out to inspect. However, his next words were reassuring when he told me to ca]' Glades Electric, and he said that they would send someone to inspec~ the pole and septic and then hook us up to electricity. r told him that we wanted to start building our house and aske~i what we needed to do. He said that we did not need permits in the wcods and told me to tell my husband to build to code. Our neighbors also had the same experience. And this practic~: was further confirmed by some of the old-timers. Mr. Joe Brown told us that Mr. Tillis had said to him that it was not cost effective tc come way out here for a $40 permit. Besides, we did not get any services from Collier County. Since this was true, it made sense to us, and this protocol wa:~ further confirmed and validated again and again over the years as other people attempted to get permits, both in Naples and Immokalee. and were discouraged from following through to the point of having their money refunded and being told to come back after the roads we:. named. Over the years, we the property owners built up, improved and maintained approximately two and a half miles of roads with an estimated value of $83,000, as part of our basic infrastructure. did not cost the taxpayers of Collier County anything since we paid for it ourselves, in addition to a lot of back-breaking labor. The children out here do not go to school in Collier County because we were denied school bus pickup in 1980 by the Collier school system. So the children either attended school in Clewiston on Big Cypress Reservation or are home schooled. Our house is built to code, as Mr. Tiliis specified. It was completed in 1981, and has withstood a hurricane, several twisters severe winds in the past 17 and a half years. Later, in 1981, we built a garage and carport, and in 1984 a for our animals. That year, in 1984, we also moved a trailer, after mounted septic system was completed, because our son, Michael, wanted to be self-sufficient and live on his own. In 1991, the trailer was replaced and a driveway was made to the road. Two Collier County tax assessors, Mr. Jack Redding and Mr. Jefi Da'.'idson, came to assess our house on March 7th, 1984. We told them tha;; we~had been unable to get permits, which the}, already knew, and the'.' said that this assessment would serve to grandfather us in. We haue had homestead exemption since 1985. In October, 1984, '~.',. obtained a Collier County occupational permit for our tree farm, ~.'e ha'.'e renewed ~o this date. The lad'/ who looked at the property records and maps never men: ioned that this area was overlayed with special treatment:, a~]d w,. Page 6 1 January' 8, 1999 Oere never made aware of the ACSC designation, either. ~+Needless to say, we don't get delivery of the Naples Daily'News out here and consequently are not privy to the legal notices.. 'In September, 1992, we bought parcel number 16 from Mr. Da~] p~ (phonetic) because of criteria for exemption by the National' Park Service could be met. .Originally, the property had been acquired by Ms. Richardson, who bought the 10-acre parcel in August, 1982 from Mr. Looney. She, by herself, built a two-story house and subsequently applied for and · received homestead exemption for 1984. Because of illness she had to relinquish the property in April, 1985. ' After taking down a major portion of the house, one room was le[t intact. Mr. Poe bought the property the same month, April, 1985. dug out the pond and used the fill for a pad for his two trailers. also enclosed a small cabin left by Mrs. Richardson. This is where lived. His dogs had the run of the two trailers. In September, 1992 he decided to sell the property and we acquired it from him. The cleanup had to be extensive and took between three and four months. After renovation of the cabin, our Ron moved there. Since the existing septic system was not up we obtained a septic permit on 8-11-95 and a new bathroom was built and a septic system installed, which was subsequently inspected by HRS. To sum up, it would not have been a big deal for any of us to obtain a $300 building permit 19 years ago. Just one more step in :onstruction of our homes. But we were denied this option by a pac~ convenience between the Collier County Building Department and Glades Electric. We were the only settlement where a CO was not requisite for electrical connection, and an inspection by the engine~.~ for Glades Electric was deemed sufficient. After our initial attempts, we did not argue the point. But how man,f People would? We assumed that this was just one more example o~ services we could not have out here. For over four years now we have lived under duress in a threat dispossession. It has made us sick of mind and body. Big Cypress Sanctuary, which is as much a state of mind as it a place, has been robbed of peace and tranquility by the various contradictory decisions by community development services, which hay.. escalated to such a degree of difficulty as to make it impossible to be ~n compliance. Our property rights have been abrogated by regulations and restrictions imposed by various government entities to the point one needs an ST permit to put in a little garden. >;e are aski~g you for relief. Thank you. CHAIRMJC.; /<ERRILL: Thank you, ma'am. Staff, do you have any questions of bls. Henry? MS. ARNOLD: No, we do not. CHAIRM~J MERRILL: Anyone on the board have any questions of Hen ~- ~.- ? :,IR. STIRLII,~G: Dc you vote, Mrs. Henry? MS. HEtJRY: Yes. MR. ST!RLI[~G: Where do you vote from? MS. HENRY Broward County Page 62 January 8, 1999 MR. ST!RLiNG: From Broward. Thank you. CHAiRM;C; MERRILL: Anyone else? Thank you. Anyone else from the Henrys want to say anything? Thank.you ~, folks, appreciate it. · Next we have the Stephens. STEPHENS: My name is Ann Stephens, I live at 885 Southwe:~:~ d Terrace, Pembroke Pines, Florida. ii.!In April of 1991, my husband and I became interested in :hasing property in the Looney area. We were introduced to Mr. .]nd !Charles Henry, and with their help, we contacted Mr. Gerald ~ley (phonetic), the owner of two five-acre lots, both of which had dwellings on them. The dwelling on one lot is known as the game warden's cabin. It's the oldest dwelling in the area and was constructed in the 1950's. Dwelling on the other lot was built by Mr Hen~ley in 1981. . ~i Before we purchased the property, we wanted to be assured that we wo~Id be able to keep and make use of the proDert Mr. . M~'~.Henry ~nformed us ~ ~ ....... - Y' Hensley a~ .... !' - ~ ~= proD±ems ~ney encountered with the ~llier County Building and Inspection Department. They stated tha:; .~?~.nspectors would not come out to the Looney area ~ing in the Loone ...... = .... that not ~{ This was also verified b,- o~g~-p~l±ea ~ermits. y ~=~ proper~y owners in the Looney area. Acain, it was confirmed when we learned that Glades Electric Company ~ad special permission to hook u eie ' ' w,~hout any CO's. P ctrLc zn the Looney az-~t~ On September 10th, 1991, my husband and I myself went to Big Cypress land acquisition field office and discussed at length the criteria for being exempt for acquisition. We sta~ed we did not wan: tc purchase property if it weren't allowed to be kept or built on. A~:~] he assured us, after reviewing our documents thai we would not have- an'/ problems. , That same day we also visited the Big Cypress National Preserve office in Ochopee and met with RW Backery (phonetic), and also discussed at length the criteria for requiring an exemption from federal acquisition. He also encouraged us to think that we would have a problem meeting the criteria if we provided the electric service dates, photo, et cetera. In October, 1991, rather than make repairs and additions to the existing dwelling, we elected to raze and replace, due to termite infestation. We tore down the original structure and began the foundation for our new dwelling. The new structure was constructed current code at that time. The electric was completed by a licensed electrician. The plumbing was completed by a friend in the plumbing trade. My husband installed the septic and drain field, per Dade County code. If Collier County would have been willing to issue permits and provide inspections in 1991, we are certain our dwelling would have passed all inspections as the guidelines for construction was by Dad~. County's codes. That's all. CHAIR~.D~; MERRILL: Thank you. Anyone from staff have any questions o~ MS. ARNOLD: Yes, I just have a -- Page 63 January 8, 1999 ~'!CHAI~MAN MERRILL: Mrs. Stephens? MS. ARNOLD: -- question. You did contact the Collier County Building Department in 1991 for a permit? MS. STEPHENS: No. MS. ARNOLD: Okay. CHAIRMAN MERRILL: Any other questions? MS. ARNOLD: No. MR. OXLEY: Yes. You do mention in your opening that you knew of somebody else that did have a building permit? MS. STEPHENS: The Henrys. MR. OXLEY: They do have building permits? MS. STEPHENS: I believe they did. MS. HENRY: For a trailer, mobile home and septic tank. CHAiRM~N MERRILL: Okay, hold on. Folks, that's not going to picked uo by the record. I'll just state that Mr. Henry indicated mobile home and a septic tank. But we can't have people commenting from the audience because it will not get down and it may be important. ' Any other questions from the board? ~MR' STIRLiNG: I have a question. Jack Stirling. %Mrs. Stephens, when did you gain title to this property? ,MS. STEPHENS: In '91. ~MR. STIRLING We have in our packet we have you gained from~Gerald : Hensley. ' ~MS. STEPHENS: That's right. O!MR. STIRLING: And the date on the warranty deed is April 2nd 1993~ MS. STEPHENS: That's because there was a mixup with the -- whe:~ we first signed the deed, it was on the actual -- the other ~ive-acr,: property, and they had it quick deeded or some sort of thing. I think that was the problem. MR. STIRLING: So you never gained title to this property until April 2nd, 1993; is that right? According to the deed. MS. STEPHENS: No, there's two properties that we purchased. One was -- MR. STIRLiNG: Two properties? MS. STEPHENS: Yes. I do believe that '93 was the game warden cabin· MR. ST!RLiNG: They're both dated April 2nd, 1993. · ~=-n=J£: Yeah, that was a corrected deed. I have a '91 dee(~. Bu~ fha5 was a corrected deed that you're reading. MR. STIRLiNG: In our folder, that's what we have. Thank you. MS. STEPHENS: Thank you. CHAIRMAN MERRILL: Any members of the board have any questions? Thank you, ma'am. Mr~ Looney? Or, I'm sorry. MS. GILLIS: Well, I'm going to speak for my ~ather; is that right? And it could be combined with Gillis. CHAIR~.tA~; MERRILL: Why don't you come on up to the :r, icrophon~ first. First of all. tell us your name, please. MS. GiLLiS: Bobbie Jean Gillis. C_qAi~.~: MERRILL: Okay. And are }'~u -- Pace 64 January 8, 1999 CHAiRM~? MERRILL: Do you have authority to speak for him as -- MS. GiLLiS: Yes, I do. C}{AIRM~AN MERRILL: -- a property owner? MS. GILLiS: Yes, I do. CHAi~<~; MERRILL: A_nd he knows about this hearing? MS. GiLLiS: Yes, he does. CHAIRMFd; MERRILL: Go ahead. And we'll take you also as part of Uillis, which is -- MS. GiLL!S: Right, Dave and Bobbie. Okay, my father, Roy J. Looney, had owned Section 16 since the early 1950's. He used this land to hunt and cattle ranch. ~iIn 1978 he decided to build a permanent home and sell off some of his property. He had it surveyed and contacted a real estate lawyer who guided him through the process. After trying to get permits by going to the building department in Immoka!ee, he was told to build what he wanted. He needed no permits except what Glades Electric would supply. Mr. Tillis told him his new home would still be considered a camp, and was exempt, as all camps were in the area. My husband David at that time was a superintendent for D'Ahge>o Plastering and Design Construction, and contracted to build my dad's nome. He built the house to the codes at that time. Then in November of 1979, we went through the same process for a home of our own. I also spoke to Mr. Tillis and made sure that he was aware that we would be building a traditional home and not a hunting camp. He said that we still would not need permits way out there except for septic and electric pole, which Glades Electric would take care of. Glades did come out, as Mr. Tillis requested. The engineer inspected our septic and pole and told us this was all that was required in that area. We would have gladly paid for permits and had inspections, if we could have gotten them. We built to codes and then some. All of our electric is in conduit. Hurricane clips and over-size beams were used. We have a beautiful, safe home, a true labor of love with lots of sweat equity. We pay taxes but get no ccunty services. We as a community keep up our own roads and our children do not attend our school district. We would not complain now except for what has been levied against us. We all tried to get these permits before the fact and should not be penalized now 20 years later. Thank you for your time and consideration in this matter. CHAIR~N MERRILL: Hang on a minute, before you leave, there may ~e some questions. Ms. Rawson -- Arnold? You're Mr. Looney's -- Daughter. Yes. Mr. Looney's house was constructed in what MS. ARNOLD: MS. GILLiS: MS. ARNOLD: '.'oar? MS. GiLLiS~ MS. ARXOLD: MS. GiLLiS~ MS. AR~OLD~ 1978. And yours in what year? We started it in 1979. Of<al, thank you. CHAiR~,t~2[ ME~R!LL: Any member of the board have an'? question.~{? I do, ma' am. Real quickly, in our Dac~'~ they have given us a Page 65 January 8, 1999 ap~ of a warranty deed that appears to be between Roy J. Looney Id for your reference, it's on page 15, Roy J. Looney and David Meadows and Sherry Meadows for property identified as the no~th half of the northeast one quarter, and the northwest one quarter of the southeast one quarter of Section 16. Now, you had testified, believe, that your father owned all of Section 16. ~MS. GILLIS: That's right. [iCHAIP~ MERRILL: But did he at some point in time sell some piece of it and then buy some piece of it back? MS. GILLIS: Possibly. CHAIP~LXN MERRILL: Okay. Is that what this -- MS. GILLIS: That piece has been bought by the state. The piece ycu're -- isn't it? Isn't it the Millers? MS. LEE: What date is that? CHAI~4A/: MERRILL: '82. 30th of November, '82. MS. LEE: '827 That was another piece. It was originally owned by Millers, who were in the beginning of these proceedings, but the'y have subsequently sold to the park. A/~d that's not her piece. CHAIRM~N MERRILL: I just -- it didn't seem to match anything. I just wondered what this deed was all about. , MS. LEE: Yeah, it's not -- it's the Miller case, longer in e~fect, which is no CHAIR[,U~ MERRILL: Okay. A_ny member of the board have any othe~ questions? Thank you, ma'am. And are you -- is that all that anyone from :he Gillis matter wants to say? MS. LEE: Penski. CHAIRMAN MERRILL: Hang on I haven't gotten to -- anything else? · MS. GILL!S: No, that's it. CHAI~.L~N MERRILL: Okay, great. Then we'll take ~hat. And the next list of people will be Victor Simone, Karen Gentry and Genie Kane. ~yone from -- of those three, or ali three? Just le[~inc you know, we're -- it's the second to last one of the single-famil~ homeowners. Good afternoon, sir. MR. SIMO~E: How are you doing? My name is Joe Simone I live at 1441 Dear Run Road, Big Cypress. ' And my wife and I bought that place in '83 and kind of -- it was already standing, electric was already there. We just remodeled it. And 'when we tried to get a remodeling'permit, they told us no they weren't issuing permits for that area. ' ' And what we did, we called the Immokalee office, and they told the permit wouldn't be needed for that area, especially for remodeling, so we just went ahead and did what we had to do. basically that's it. And CHAIRMA2,~ MERRILL: Ms. Arnold? MR. SiMONE: My brother-in-law -_ CHAIRM~$ MERRILL: Oh, I'm sorry. MR~ ~SIMONE: My brother-in-law is a state licensed contractor, ~and we had a licensed electrician do the electrical work, had my ~.r°therlin-law do all the remodeling work, and then my father-in-law ~s a state licensed septic tank installer, so he did that And Mike ~ · ii Page 6~ 16G 1 January 8, 1999 K~rby signed off on all of that said all that was okay. And then now · we' re here. ' C5~IR~b~2; MERRILL: Thank you. Ms. Arnold, do you have any questions? [iMS. ARNOLD: NO, I do not. ~CHAI~uJ~N MERRILL: Any members of the board? iMR. STIRLING: Jack Stifling. ~iIs this a two-story single family? ~MR. SIMONE: Yes, sir. MR. STIRLING: Thank you. ~CHAiPdv~kN MERRILL: Two things to make sure. construct ~- , You did not ~MR. SIMONE: No, sir. CHAIRMAN MERRILL: -- the buildings on the property? MR. SIMONE: No, sir. CHAIP_MA/¢ MERRILL: YOU had indicated that there was some construction done. Were you the owner at that time where you said Mr. Kirby came out and signed off on it? MR. SIMONE: Yes, sir. We had owned it and he wanted to come out and check our septic system, and which he did, and he was thoro6ghl, y impressed with it. And he told us that's how they should be done, ~hat was that. . and CHAI~,t~2; MERRILL: When he was on the property, did he ask to look at any of the structures or do any inspections on anything else? MR. SiMONE: He looked at the house and basically he said that we~d have to go -- you know, that's when they started talking about the after-the-fact permit. ~nd I did construct a set of dog pens and that's the only thing I have really constructed. ' CF~iR~,LA2~ MERRILL: Okay, thank you. Anyone else? Thank you, sir. MR. SIMONE: Okay, thank you. CHAIRMAN MERRILL: Anyone else, sir, with you that wants to testify? No. Then Robert Rossi and Glenda Gall Rossi. Again, if Mr. Rossi -- welcome back to the podium. Again, would you and the other gentleman enter your names into the record so we have continuity. MR. ROSSI: Bob Rossi, 1570 Panther Road. MR. PENA: Richard Pena, Panther Road also. CHAIRMA2$ MERRILL: Okay. Mr. Rossi, do you want to testify, or would you want to call a witness, or what? MR. ROSSI: No, I'll say my little spiel here. In 1979, I bought the property and has -- it's basically the same stor'? as everybody else. Built in 1980, tried to acquire a permit. Same thing. But we've been paying taxes all them years. The tax collector was able to get out there. And -- CHAIPJ~J~.; MERRILL: Imagine that. MR. ROSSi: Yeah, can you imagine that? But, you know, nobody else could seem to get out there, but the tax collector came out and measured the house and got the taxes on it. But anyhow, Rick has documentation on some trailers, like I have a [mi!er permit, and all of a sudden you're not supposed to have a ~ra' ~ And we do have documentation on that, and he'd like to Page 67 January 8, 1999 that. ~CHAIPdVk~N MERRILL: I'm not going to prevent you from doing'it at some time, but I think We just took the single-family homes, and that's the only testimony we took from MR. ROSSI: Well, I have both, that's the problem. CHAI~J~$ MERRILL: Right, it's -- I just don't want to mix those two up. Is that my understanding, Ms. Arnold? MS. AR/~OLD: 'Yes. CHAIRMAN MERRILL: We didn't take any testimony as to trailers~ MS. AP~NOLD: No, not -- they're CHAIRMuiN MERRILL: We'll get to that right after we get to these okay? If you can kind of -- , MR. ROSSI: Well, that's basically all I have to say. Like I say, we did try to apply for a permit and the tax guy found his way out there, so that's basically what I've got to say. Thanks. CHAIRMA~ MERRILL: Any questions from Mr. Rossi based on his testimony? Staff, any questions of Mr. Rossi? MS. ~OLD: No, we do not. CHAIRMAN MERRILL: Any member of the board have any questions .of Mr. Rossi? MR. STIRLING: Mr. Rossi? Jack Stirling. Did you purchase a second parcel on January 22nd, 19867 MR. ROSSI: I don't recall on the date. I really don't. I can't honestly say that without looking it up. I've bought four parcels there. MR. STIRLING: Four parcels? MR. ROSSI: Yeah. CHAIRMA/$ MERRILL: Anyone else? Thank you, Mr. Rossi. Thank you. Unless there's other testimony that you want to present MR. ROSSI: No, that's it. ' CHAIRMAN MERRILL: At this time -- MR. ROSSI: Appreciate it, thank you. CHAIPJ4AN MERRILL: Okay. We've now heard from both sides and have had the opportunity to offer any rebuttal testimony. And as to the matters that we've already heard then, we'll have to close the evidentiary portion of the hearing, at which time -- at this time, the board will discuss the merits of each individual case to first find whether, in the opinion of the board, a violation has occurred. Once we -- if we cross that and find that ~here's a violation, then we'll decide ~:hat we'll do about it, if anything. So .it -- yes? i MS. SA~:DERS: Mr. Chairman, I have one question of staff that I think falls into this part. C~iAI~WA2; MERRILL: Okay, for purposes of clarification go right ahead..{ , MSi, SAUNDERS: Can you tell us at what time the county started o~t or being willing to go out and issue permits? Roughly, what was the~date when the county was willing to go out and do inspections issue permits, and -- or are they willing tc do that even now? MS. ARNOLD: The county is willing to do -- issue permits now, as i as do inspections out in that area. ~S. SA~fDERS: Can you go back a little bit and tell me roughly dc '/ou have an'., idea when -- if somebody had applied in '97, would '.' have been issued a permit in '96? What was the first date that Page 68 January 8, 1999 you might be aware of that they might have issued a perm/t? MS. ARNOLD: As far as what the county's regulations are, the county should have issued permits for someone that requested it. And they should have conducted inspections when they were called all along, as there was a permit process. '.I can't speak to, you know, what was done back in 1980 or '81 or '84 ~r '85, but those were a part of the county procedures. And as I'm not aware of anything in the codes that exempted any area, so I , can't -- I don't know. ~MS. SA~DERS: One follow-up on that. D ~ ~ in your opinion, did the ..... ~,, ~ .... o_y~u have any awareness uiaGes Electric to authorize th~"~-~9-e=~ec? nave an agreement with ~MS ARNOLD. , ~= pu~mlus to De issued? ~ · · I m not aware of an a ree . ~MS. SAUNDERS: Okay. g ment ~CHAIPdvbXN MERRILL: Also, I note that w . mat~er, and I'm going to ask staff, there i~ ~e~dt~ Rossi matter, actually, it's all three. It's about a -- dthe quarter of an inch thick. Do you have any objection to this beinu added to the record? _ MS. AR/~OLD: No, we do not. CHAIRMA2$ MERRILL: Okay, we'll add this to the record without objection. All right. First matter then is the Board versus Gerald Humphrey and Janice D. Humphrey, 99-001. Pursuant to our policies and procedures, we have to determine whether or not a violation has occurred. And at this point we'll open the floor to discussion on that issue. If anyone wishes to -- MS. SA~;DERS: I'll be happy to start, Mr. Chairman. CHAIRMAN MERRILL: -- wade in. MS' SAUNDERS: Of course. And this actually applies, in my opinio9, to every one of the cases we've heard. And I want the discussion to go on, but it sounds to me very much like the people have tried very hard to do what they were supposed to do; that there are some personal propert ri we have no right to vi · : Y .ghts that after the fact motion which is o ' olate, and I wxll, after the discussion mak ~olng to say that there's no ' ' , e a after-the-fact fees are w ~,~ ..... VlO%at~on, that all a .... , ~11 dwellings anu trailers currently on the property are grandfathered in regarding both zoning and county codes, and all future construction or remodeling must obtain the proper permits. I think that's the only fair thing to do But that's my opinion. . (Applause.) CHAIRMAN MERRILL: Anyone else care to add? MS. TAYLOR: I agree with Rhone. MR. OXLEY: Should that be without paying for any permits? MS. SAUNDERS: Absolutely. In my opinion, I don't think they owe us anything. They tried. They paid who they thought they were supposed to pal.-. MR. OXLEY~ They're paying taxes on the MR. OXLEY: -- MS 2~ SAUNDERS to give,them that They paid taxes. property and everything else, so -- We probably owe them refunds. No, we're not going Page 69 January 8, ].999 (Applause.) MS. SA~DERS: ~knd not to say that anything that goes on from ~his point, when the county has said they will go out and do the inspections, any remodeling, I think -- anything else. Any code violations that somebody reports under the normal process, go me, now they're subject to. But I just can't see it after the fact. ~CHAI~iA~ MERRILL: Yes. i~MR. OXLEY: One more question from the board. We do have access. We, being the county, does have access to all of the properties that are out there to make inspections, if you have to. ~MS. AJ~NOLD: Yes, we do. ~MR. OXLEY: Can that be set up in the near future to go out there and make inspections and bring them up to date? Is that something MS AJ~NOLD: But if there's no permits -- MR. OXLEY: -- that we can recommend to the board? MS. AP~OLD: -- what are we inspecting for? What are we approving? MR. STiRLING: I didn't hear you, Ms. Arnold. MS. ~P3;OLD: If there are no permits, what is the county expecting to approve? MS. SAUNDERS: I would think that we have to assume, just as would with any other property, that they are up to code at this point. If somebody files a complaint, then yes, we would start, but otherwise, they're grand -- I would believe they're grandfathered We don't know of any complaints, so we shouldn't be going out and Inspecting. MR. OXLEY: I would disagree. MS. TAYLOR: Who's going to file a complaint against them? MS. SAUNDERS: Probably nobody. MS. TAYLOR: That's right. I agree with you, but I also know [hat it has to be under control. It has to be under control. So Michel!e is right, you know, if there is no permit then who~ going to be able to control them? ' MS. P~WSON: Let me ask just one point of clarification for record, Ms. Saunders made a motion, Ms. Taylor said "I agree with )'cu." ~ ~as that a second? ' CHAIRFuX~; MERRILL: As I understood it -- and I'm going to -- MS. SA~{DERS: Well, she -- CHAIRMAN MERRILL: -- take the prerogative here I think she sai~i MS. SALrNDERS: I said I was going to. MS. RAWSON: Okay. Sorry, I just wanted to know where we were. CHAIRM3tN MERRILL: It was an agreement to agree. MS. RAWSON: Okay. MS.7 SALrNDERS: What I've heard so far to me says that they built. to cod~,"as much as they could. Glades Electric has inspected. They'v~ gotten septic tank approvals and the rest. So I don't think we have the right to go out and inspect because there might have been -- there might be somethinG. I think we really would have to -- if somebody was coming and -- they were Going to do some remodeling those would normally ~aid one of the gentleman ~equire permits~ ' MR~ OXLEY: Yes, that's what -- Jan~:ary 8, 1999 MS. SAUNDERS: If that happens, then I think yes, they have t~, get the permit and then you have to get the inspection for whateve~ theiremodeling is. !? CHAIRMAN MERRILL: Other discussion? ~ MR. STIRLING: Yeah, I think that's a flawed philosophy. If any of these properties are sold to a new owner and there's a building code violation, they're going to be assuming these building code violations. We don't know that there are building code violations or not unless we go out and inspect them, and they have to be inspected to find that out. Amd there should be permits. MS. TAYLOR: This is a predicament. I agree with what she says. i feel so sorry for these people, because they tried very hard to d~ the right thing. But you also are absolutely right, that they have to be under control, just like everybody else in Collier County. It has to be under control. Amd how do you go out and get it under control if there's never been anything legally taken care of? What's the an~G,~r to that? ~MS. GODFREY-IRWIN: They're already -- CHAI~,tzd~ MERRILL: I'm going to wade in here a little bit with how I see it, and I'm going to try to narrow things a little bit. As we si~ here, the descriptions of the violations are almost identical. And I'll just read the one again on the Humphrey case, because ~hat's what we're on. The description of the violation is the construction of a s[ructure -- the alleged construction of a structure, being a singl~. family home, without first obtaining Collier County building permits ~,~ and inspections and certificate of occupancy. Ail the testimony that I have heard here today, without contradiction, has indicated that prior to or in conjunction with the construction or placement of any structure on any of these pieces of property, every one of the people who testified here today said that they attempted to obtain building permits, they attempted to obtain inspectionS. And of course with the inspection would go the certificate of occupancy, assuming it passed inspection. And they made those requests of the appropriate governmental authority. That authcrity chose, for whatever reason, not to conduct those inspections, not to issue those building permits. That's the only testimony that I see before this board. That testimony again, I'll sta~e, has been uncontradicted, having, I believe, a job or a duty to take that uncontradicted testimony at its face value. I don't see where these people can be held responsible for the omission of a governmental agency to do its job. Therefore, I agree tha~ there can be no violation in any one of these cases, not becaus,: re may not be -- there may be -- excuse me, there ma}, be -- and I '~ know tha~ there is, and I'm not accusing anyone, but there may be on anybody's piece of property anywhere something that is against the code. That will exist in Port Royal that will exist in your neighborhood. ' And if it's plumbing or electrical in a house, no one will know t un,i! for some reason someone calls in an inspector to have it done. You, all testi fied that you gave county an opportunity to come out Page 71 1 Oanuary 8, 1999 t .nd look. On more th~n one occasion, obviously. And on more than one ccasion, the county, through their agents at that time, refused to do Now the',, want to hold you responsible. I can't go along,with ~. Z wi~i not vote for that. I will vote that ther olation at this time e is no ~ By that 'note -- a~d I'm speaking just for me and not fo' . ,- ~; the boa.d, and I think you all understand t~ ...... r the .est ~ ~ . . ~ -- ~nac 1[ you were ~p c~s~~uc, anything else, that zf you wer= -~ --, ........ .- anything from this point on ~ou =~ ~ .... ' .... ' ns, rna permit, and it h== ~- ~= ~--f--~%~ ~,~-.~o~ ~nan you need to get a =~ ~ w= ~a~Wecueu, anG it nas to meet code. And if it -- the inspection reveals that there are deficiencies that are not up to the code at the time that those were put in, there m~y be some corrections that need to be made. I Again, that's me speaking, not the board speaking at this time. b~t that'~ h~w I feel about it. And again, I t~v ~cau~e~?~ 5he descrSption of the violation. -= to narrow it down _~ · ~nln~ that it s before this board properly make a decision, some adjudicatory body needed to that someone had"to at you could go on about your property and your make a decision so lives on your °perry, and the government can go about its business, not in a litical sense, but in some kind of a, you know, a judicial sense. So having said all that, and maybe wasted a little bit too much of your time, that's how I feel about it. MS. AP2;OLD: Can I ask a question? CHAI~.tA/{ MERRILL: Yes. MS. AP3iOLD: If a decision had been made in error whenever tha~ ~ision was made, do we have a right to uphold that decision, re~ardiess if it was in error or not? ~ CHAIR?..~j MERRILL: i think the determination of that, personallv ~s~wnen was ~he error made? · , ~ There comes a time when -- there's a legal term called laches, when you sit on your hands or you sit on your rights so long, be it n gS~ernmental agency or an individual, you can no lon e~ co enforce those rights, even though ........... g-~. me ~nd try ~n~a reasonable time.' = ~u ~uu~u nave, nag you Gone it · } ;~d to me, 10 years, and sometimes more, after the fact of when ~n~se homes we~e~built and they had the opportunit tc ins c ,, :s ~av too lon= =o now come back a-~ ..... Y pe.t them, -~ } - thlnk =.~at =he county, through its agents who were t re at the ~-me, and by no means, no reflection on you, Ms. Arnold and the pr{~ent composition of your department, but it's now too late, in my op. lion. MS,~SAUNDERS: I agree with you completely. Part of the -- this is problem that the Collier County government obviously had. They got out~ there for taxes. They got out there -- nobody denied that so~ body was living there. They -- people were offered homestead e:.:el )tions. To me, if -he government made a mistake, the government can ~rrect it beginning with the future. Beginning at this time. The7 c ~n 'o back and say you have to pay after all this time. MERRILL: Further discussion? Yes, sir. MR LAVINSKI: Yeah, I have one thing, Randy. I sort of agree, i gue , if you look at the description of the violation. Page 72 January 8, 1999 I guess what concerns me is the case history right down below that. The original complaint on almost each and every one of these talks about leaking septic tanks, dredge and fill violations .in wetlands and lack of adequate solid waste disposal, which could be leaking motor oil into the aqn/ifers. ~' If we go along with the opinion on the violation, as it's stated in the first paragraph, do we ignore those items that are listed in %he ~case history of each of these? ~ CHAIP~t~2; MERRILL: I don't see where, when they actually went out to inspect, they found those. I think that was the complaint. But don't see -- and I haven't heard any testimony where actually any o~ that was observed other than on permitted structures. i That may have been fluffed by someone who made a complaint. ~ MR. LAVINSKI: I thought I saw it down through here that reinspections were made and the violation, you know, did exist. And guess I assumed that was the leaking septic and the wetlands filling and,so fcr[h. f MS. ~3~OLD. There was a problem with the septic, and I believe ~ · mos~ of the respondents testified that they corrected whatever septic problem. ~ CHAIR?J~; MERRILL: Okay. So really, we're still here just on the permitting issue. Right, okay. ~MR. STIRLING: Can I ask Ms. Arnold, Ms. Arnold, I've got to ask you a question. Collier County doesn't have a -- what is known as a certificate of inspection, where a property is sold and before the property can be transferred, a certificate has to be issued showing ~here's no violation? - ~MS. A~.~OLD: No, we d? not. ~i~MR. STIRLING: We d?n t have that program? ~MS. AP~iOLD: We don t have an inspection process for the sale property, ~o, we do not. ~ ~MR. S~iRLING: I see. So anybody in the future that would bu' properties of these people that live out in the -- in this area, ~n~Y~wat~ ?f v~olat~ons; is that correct? If they're there. MS. ARNOLD: If they're there. MR. STiRLING: -- because they haven't never -- they've never been~lnsuect~ ? .MS. AR]iOLD: Correct. : MS SA~DERS: That's the -- if I ma~', that would hold true as · ~'ell~iwith -_ ~S. GO~EEY-IRWIN: My house ~S SAUJDERS: -- virtually inybody e~se's house also. An initial certificate of occupancy is gained but if I came along and did ~emode!ing and the rest and didn't get the proper permits, then 'xoul~ be -- the buyer, if they're any kind of educated buyer, ought nave ~ home inspection. MR. SiiRLiNG: But there's never been a certificate of occupant'.. 3n any of these homes. MS. GODFREY-IRWiN: The':"'ze tried in vain to get that done and MS. SA~DERS: I believe any buyer -- ~S. GODFREY-IRWIN: -- the ball was dropped. MS. £A:X:DERS: -- could still get acer -- could still do a bom,. Page 73 Janu.~r7 8, 1999 Onspection. And if I were a buyer of one of these properties, I probably would call the county and say I'd like to have some --'I'd ~ike to have a home inspection done. MS. TAYLOR: I think we all have to put ourselves in their shoes. If this were happening to any one of us we would feel just ~xactly like they do. ' Tkey tried to do what was right and couldn't get it done, so now we have to make a decision whether they're going to have to be ~unished for something that they tried to make right and couldn't. Or do we say all right, as of -- from this day forward, you do exactly the way everybody else in Collier County does. You get the permits, you do everything you're supposed to do. What happened from this day back, we're going to have to forgive and forget, because you tried. You tried to do what was right And we can't -- we just can't -- I can't do that. ' MS. ARNOLD: I -- can we give you staff's recommendation? I know ~hat we have written recommendations on the executive summaries, but -- I understand what the chairman has indicated, and I think a matter ~ cf tracking and identifying what's there today would be helpful for everyone to get, or at least obtain a permit, and then request ~he necessary permits, and then get a CO, so that at least there is documentation on the records of what exists today. .':i~i~nd then if an incident were to -- . . ~egls~ered late~ oTM ~- ~ ..... or complaint were to be sook~ ......~= ~uuure, we would hav~ something on the t° indicate, at least in 1999 this is wha~ was in existence. ight now, we have no -- no paperwork, no re kat ~1 permit was re~,~-~ ........ cords that indicate ~ ..... ~ =~u uec~lne~ Dy the department, by the building department. We don't really have any written documentation tc identify for us what's there, what is existing on the particular property. And perhaps if we have them obtain a permit and get the necessary inspections, we can clear up any future problems wi~h, you know, identifying what is being done when. CHAIRt<A2~ MERRILL: Ms. Arnold, I understand what your position is, but le~'s assume for a second there's a house in Collier County, an~ [hat house is 60 or 70 years old, before they ever did building inspections and things like that, and it stayed in the same family. How is the situation any different if someone were to sell it of ~hat family and let's say it wasn't up to code and never been inspected, why is that any different than what these folks are in? ?qS. AP2';OLD: Somebody was selling the property? CHAI~4A2; ?qERRILL: Yeah, let's assume that the house was very old nd would never pass code, never had an inspection because of its age. cu!d you then want to go in and inspect that house also? MS. ARNOLD: If there was a violation that was registered, or a complaint. CHAIRSL~N MERRILL: Well, you don't know that there's a violation, it's just an old house. As we don't know there's any ' ~ · · vlozatlons in an-.' of these folks house. I'm not willing to have the government ~q$. AP2;OLD: Well, I think that my response is -~ the reason why O~iiri~here rode}. ~,'as because there was a violation. And when we .k into the particular situation, there was no records to identify what was ~here was actually permitted. So if somebod}, were to have that example that you brought up and Page 74 January 8, 1999 we investigated, we probably would be in the same situation. We would have to identify whether or not a permit existed, whether or not the building was up to code, and proceed from there. CHAIRMAN MERRILL: Ms. Rawson, before we could do any of that, would we not have to find that there's a violation? MS. RAWSON: Step one, is there a violation of -- as described in all of their petitions, construction of a structure without first obtaining Collier County building permits, inspections and certificate of occupancy. CHAIPJ~AN MERRILL: So that discussion of what staff's recommendation is is not germane to the task we have of finding whether there's a violation. That's only after, assuming we find a violation, what we would do. MS. P~WSON: Recommendations usually come after the finding o£ a violation, yes. ii CHAIRriAN MERRILL: Thank you Yes~ iiT MR. LOCKHART: A number of pgints ~ want to mak we ~ave a situation that's unique. And to perpetuatg' Number one ~t I think is sticking our heads in the sand, much like maybe another board did. So how to deal with it is something I think we should not run awa~ fr~m. The fact that there may or may not be a violation, or if there is a violation, does not mean it needs to be punitive. ~e don't need to identify that somebody did it intentionally. But a violation of building procedures, building permit procedures, due to the remoteness may not be explainable, but it's understandable. Inspections couldn't be done, vehicles were not in possession for getting access. What do you do? But again, I think we shouldn't run from it. If we can identify that there were violations and not look upon that as a negative, but simply as a starting point to correct it, that may be something we have to bite our tongue and do. Continuing, I don't think there should be any fees imposed. But do think there needs to be some accountability of the residences, some building permits issued after the fact that are starting points for whatever future activities, expansions, additions, remodelings 'hat may or ma}, not be desired. At least that way the record is cleaned up. And although this may be hard to swallow, two additional points~ -f we run away from this, it's much like running away from the Everglades being polluted. We need to try to correct th~ errors that happened in =h_ past And these areas are identified as critically concerned areas. Issues such as filling in wetlands, dredging of the wetlands, improper septic disposal, solid trash disposal, they're real problems that we try to attack and try to address in the count}, al. large, and think we shouldn't remove any segment because of its remoteness. Lastly, as has been identified, the roads were rough, not able to be driven, but today they're better. Some day you will have mail service. Some ~ay you may have school service. Shake your head and }'ou can sa}' no, but as this county grows, it's not going to say one da-.- the doors are shut, nobody else can move in. Nobody can predict the future, but you've already seen that improvements and a little bit of civilization is coming. Another 20 Page January 8, 1999 Oears, you never know what may be out there. I don't think we need to run and say you are an island, do.what you want, we'll ignore it. I think we need to bring it somehow into the fold of the rest of the county procedures and ordinances. Or maybe you can apply for a city-ship or something like But again, I just don't think we should run from it. We need to acknowledge that there were past mistakes, but somehow try to clean the record up. In no means should anybod-:' be penalized. And I ma}, even, you know, be sticking my neck out that inspections might be done in some way through the county's own funds to somehow get the record cleaned up and get things up to a par situation with other residents in the county. MR. STIRLING: For future oWners, too. MR. LOCKH~T: Buyer beware. CHAIP~ MERRILL: I appreciate what you're saying. A~nd my concerns are more procedural and legal. We sit here as an adjudicatory body, and we can only act upon what has been brought before us. And we cannot stretch out beyond that, even though some of us may or may not want to. We have to look at the description of the violation. A~d I guess what we have here is it has been shown that they do not have building permits. That is not an issue. However, they did everything reasonably necessary, I believe, to get a building permit and were frustrated, not by themselves, but by the county, which solely controls that issuance. So there really is the nub. I don't now how we -- I don't know how we can go back and correct that. I also understand Mr. Stirling,s position and I'm concerned abcu[ hat for future buyers. MR. LOC}LqART: What about the precedence this may create? CH_AIRMA2~ MERRILL: Hopefully the county has not a ~reat history of not going out and inspecting things. So, you know, if that's the case, then we have not -- if we agree that there are nc violations, have not done anything to create that. It has already b?en created. We are just recognizing something exists. MR. LOCK,fART: But again, it will only perpetuate it, it won't correct it. And I think there's a real for it to be corrected. Because if we don't see the potential for damage to the environment to whatever, and this is a special -- CHAIRM3d~ MERRILL: I realize what you're saying, and I agree thaL in maybe a different situation it should be done. I don't know how we legally do that, based on our powers as the board with ~'hat's before us. A_nd I think we're stretching things if we try to get there. That's where I have the problem. MR. LOCK3A~RT: If it's written in the ordinance, the Land Development Code, that you must obtain a permit to const-ruct a st~ ~uc~ure, and we can back-date that, so to speak, to the time when these sZructures were built, if it's on the books as a la'.,', how can you justify that a structure exists and there's no permit? CHAIRFuAN ;'~ERRILL: But how can you get a permit when the people that issue them won't come out and give you one? MR. LOC~qAR?: Well, if you want an attorney involved in that, ~would you have left it at face value or as a verbal discussion? I beg ~ot. You would have had some correspondence you may ha'.',3 taken it to ~he County Commission level. ' Page 7~ January 8, 1999 NOW, at that point, with a letter to the County Commissioner stating that you applied or you requested and were denied, you've got all the strength in the world to say thumbs off, you know, leave me alone. .~ But talking to somebody who talked to somebody docs not' meet the ll=mus test, in my opinion, that you can walk away from the law. CF~IP~L~2$ MERRILL: I understand that. Amd, you know, if there would have been one or even two people that have come in and testified that they talked to so and so and he or she said we're not coming out there, that would not sway me. But we have here essentially 15 people or more that have come here and said exactly the same thing over exactly that time. Amd I think that that's forceful. And I don't see where having a piece of paper in your hand is going to add that much more to that testimony. MS. TAYLOR: Okay, what is -- MR. LOC~LHART: Again, I'm not looking at anybody Oeing cited .or singled out. You know, I'm simply stating that if we can use that rationale to come to the conclusion that there is a violation, and again, we're not looking at anybody having any fiscal impact, it is simply a starting point to correct what is out there as broken. ; CHAIRM~; MERRILL: I also see one other thing, too, that I'm concerned about, and it's sort of running under the surface here. That it appears to me that there are other governmental entities that have thezr eyes on this property, for whatever reason, i don't know, i can only surmise. And I don't want to be a hand in doing their work fO.p~ them. Amd I don't think that you're going there. MR LOCKHA/qT: It's contrary, is what I think. That if these can have building permits retroactively established, their land e may increase, and any proposed acquisition -_ o~. MR. STIRL!NG: I agree MR ~ .... ' · LOcKHeed: -- may be even more difficult to dc. This may b ster your position to stay there and have less impac from federal government. And if we let them stay in this limbo land. then the steam roller has a better chance to run them over. t MS. SA~;DERS: If I may, I would argue that they have an ~ccupancy permit, that it was verbally issued by designased representatives of th ...... established D~ocedure~ ~]n~j=t~t t~ey have gone through the -- =.u ~nan uney nave occu - ~?~ ~ ~n~y ~hing that we ought to do is ~c~rm,ts. And , ---=~ daces sacn to the date~ ~= ..... ~ unose occupancy = un~u ~ney asked tor ~ , · . (Applause ) ' them .n writing. CHAIRf.tA2~ MERRILL: i want to go to . Rawson firs[. ? MS. ?~WSON: You probably don't have the power to d~z that. MS. SA~.;DERS: But we do have the power to say that no violation e ;ts because they have. oMS. P~AWSON: You have the duty to determine whether or not the .ation as described in the statement of violations exists. MS. TAYLOR: What if -- CHAIRMAN MERRILL: Well -- MS.~TAYLOR: Excuse me. What i~iright today we say yes, there is a lat~on, and each one of these people must go get a building P~[~t but not pay these fines. I'm sure ever-/ one of them would be w!~±ing to do that and -- - Page Jam:,ary 8, 1999 MS. P~WSON: That's an option for this board. MS. TAYLOR: -- and have it dated as of now, but not have to pay these horrendous fines. But yet, then they would haw. their ~ermit and then everything's done. MS. SA~DERS: Well, then no, there's one more stup to'that, though. After they get the permit, somebody comes out, a government official comes out, and inspects their house and says this is wrong and this is right. Now, I've owned my house for 20 years. I'm not sure that somebody wouldn't find something wrong with it now, too. I'm not sure MR. LOCK}bART: What would prompt somebody coming out~ It would have to be a complaint. ' ~MS. SA~ERS: No, if you said they applied for the permit. ICHAI~P~ MERRILL: There would have to be an inspection and CO. ~i~'MS. GODfREY-IRWIN: ,There would have to be an inspection. '~MS. TAYLOR: But he s going -- yeah, this department s going'to do t~at. They already know what the situation is. CHAIRMA/q MERRILL: The other question that comes up is under what code are you applying, the code when it was built or the code ; · presently? MS. AP~OLD: I think there would be a little bit of both. Because right now what exists out there is some things that were built in '80 and some things that were modified and added subsequent to the riginalconstruction. And I think that the building department ould, you know, go out there and, based on their knowledge, because hey're aware of what was required around '80 and what'.~ required now and what was modified recently as in new codes, and they can make that determination as to what is safe for the residents in those homes. MR. LOCF~J%P,T: And that's in everyone's best interest. MR. STIRLING: I agree. MR. LOCKHART. The residents, especially. MS. GODFREY-IRWIN: I don't. MR. LOCKHA~RT: And if you were to get a summation of the taxes paid since the beginning of this little issue began to the present date -- and again, I don't know the vehicle or how this would be done, may~ through some assessment district, but that fund -- those funds should be possibly considered for the offsetting of the cost of inspections and whatever other, you know, reports, what have you, that would need to be done by the county or the state. If any of these residents had a violation or a code problem, I don't think they would dispute it and bring it up -- not want to bring it up to code. There probably are none. CHAIRM~AN MERRILL: Where I'm still having problems is not that issue. The issue is having to find a violation to get to that issue. And I'm concerned about finding a violation for the ramifications of that fact alone, not going out and getting building permits and making sure that the structures are safe. MR. LOC}~ART: Elaborate on the violation. CHAIRM~ MERRILL: I don't -- I simply don't know w~at Oamifications, outside of code enforcement in this counuy finding a io!ation on these properties, would mean. And I mean, 'with the federal government and with any other state government agency. I Page '?~ Z6G 1 January 8, 1999 don't know what kind of a predicament it would put these folks in. MR. LOCFd{ART: What about three months ago when somebody on Marco was building without a permit and we gave him 90 days to go out and get the proper after-the-fact permits and go through the inspections and -- CHAIRMAN MERRILL: Marco isn't in the National Preserves. MR. LOC~HART: I understand. So you're saying because the federal government and -- CHAI~4AN MERRILL: I think the whole thing has been orchestrated by someone who has designs on getting that property and turning it back to a natural state. _, . MR. LOCK3Q~RT- And that ....... · ~ ' ~ w~e ~na~.l~ you get buildin .... ~-_ re i_s~lll 9o back and I b ' certificates of ....... ~-~"'~f you Oolster that h .... elleye improved, s~c,=~Pa~Y [or valid buildin== ~-~ ~ -: .hpue.valld w o ~ - · -?-~? u~a, chat you're i . ~ e ~]uly inspected, h_ _~j~ng~n ice saying hey we're~ ~nbf~_~Osltl°n than somebody ~,~.u~ MERRILL. W~_ , · ~o=~uu, squat~rs ~MR LOCK~R- -' "~= ~ agree with ou ~ ' ~ · u-.,u.~ ~ · £ m Y -- ' but~' o ' · ean, not s uatte ~y u have, ou k · q rs, that ou ow ~M9 cTror~---- now, c~rcumvented proced r Y n the property, ~ ...... ,-~u: Unnermit~ --- -. u_es -- ~MR. LOCKi~rLRT. = _~ ~=u. p£oper~y. ~CHAIRMA2$ ME~- -- anG.you nave hunting cabins. ' .~ ILL: While I agree with you, I,don'~ know how we'd get ~here without finding a violation. See, that s the hangup I'm on. __ . MS. TAYLOR: We already decided ~.,. . . ~ e_~_a.~lolatlon, because they d~d ,t~e past t~ey have not had buil ~ ~ want to, nut th~,, ~-,~ - ~ purml~s. Not b correct the violate__ ~ ~u u. .so that's the violati~ ec~use th=y ~, we re saying they must ..... ¥?'. ~o to ~ ~c~ a oul~dlng permit now and pay whatever it cost to get a building permit. MS. SAUNDERS: No, we haven,t decided that at all MR. STIRLING: Well, I -- · MS. SAUNDERS: You're saying something -_ CHAIRMAn; MERRILL: Ladies and gentlemen, hang on a second, please. I know the court reporter is probably about ready to go crazy. One at a time, and we'll start to my immediate riSht and go dcwn that way first. · MS. GODFREY-IRWiN: People in Marco three months a~z knew that if they called to get a building permit they were told ts come down and fii~ out a building permit. ' These people called and they were told you don't need one. Ail right, you go to the electric company, they'll come out and inspect and puc in electric lines in your septic tank, that's gcod enough for t.._ county. Now we want them to come back and pay all these fees. I'm sure the county has been out there not only with helicopters but with cameras, going in their backyard to know every violation that stands, and I think from this point on, from everything that stands, that they be required to get a permit for any additions to their property. ~nything prior to that, I don't think they're in violation, because they did their utmost to try to obtain thee= permits and the county. dropped the ball. ' - , (Applause.) CF~IRMA2,; MERRILL: Mr. Stirling, going down to you. MR. STIRLING: Having been a building inspector for more than 20 Page 79 January 8, 1999 e'ears for the City of Chicago, by looking at the photographs ti]at came .n the package, I can see violations today that were previously'taken. And it's my opinion that there should be permits issued for every structure that's erected in Collier County. CHAIRM~4 MERRILL: Mr. Lavinski, any comment? MR. LAVINSKI: Yeah, I think I just foster that. i think that allowing this to go on without settling the building permit issue is going to be a miscarriage of justice, and I think that at least, we have the establishment of there ought to be a building permit and go from here on. , CHAIRMAN MERRILL: Mr. Oxley, do you have any comment? MR. OXLEY: I think I probably agree with everybody that yes, as of today I don't think they should be held for any violations, because it wasn't their fault. They tried and they could not get their permits. But as of today forward, I think they should have a permit, based on whatever the permit would have cost of when they built the house, not the high skyrocket price today, but when they built the house, issue a permit at that price and then call the inspector up and do the inspector -- do the inspection, rather, and get the job done, bring it up to date. And i imagine everybody sitting here is willing to bring the house up to date where it would meet the code requirements for Collier County. We're all residents of Collier County, we do ~'~nt to meet code requirements. I don't think that's a problem. But they should lave the inspections. CHAIP34AM MERRILL: Ms. Saunders, final comments? MS. SA~4DERS: Yeah, I do have some problems with that. I believe that while they may not have physically obtained a piece of paper that is called -- labeled Collier County occupancy permit, they '.'erbally obtained whag they -- by the designated representatives they c. btained those permits. , I find it to be really an intrusion of big ~overnment going in after the fact and saying I wang to look at your house and see if I can find anything. And hopefully there are no violations, but I'm really afraid of somebody goin~ -- of us authorizing people to ~o in a~te~ the fact and try and find violations when there's been no cc~p!aints. · That is not what we're facin~ right now. We're simply saying did ~:~ev have permits or didn't they. My argument would be yes, based on the Collier CounE7 procedures, ~key had permits. They may have been verbal rather than written but ~hey had them. , CHAIRt,U~,7 MERRILL: Ms. Irwin, you did have a final comment? MS. GODFREY-IRWIN: Well, I think that from this day forward, tkey know -- the county knows exactly what's out there. They've been dealing with helicopters overhead, they've been in yards 2aking piczures. From this day forward they should obtain the count}, permits for any upgrades that they have. To have the county go in and do inspections now, after this has een going on for four years, I don't believe in my own heart that kev could fairly give them a fair deal on going in and inspecting ~'~se propert'~o. Page 80 January 8, 1999 I think from this day forward, they do -- they have to obtain the proper permits to do the building. Up until then everything be grandfathered in. That's my opinion. ' (Applause.) CHAIP~ MERRILL: ~' Tgylor, comments? An,, fi--~ MS. TAYLOR: Well, · m right back wher~ · .... ! ,_ ~da comments? they should be given a certificat~ ~ ...... ~ ~ ~ o~ore. I think happened in the past. They ye tried and tried and tried to do the ~ ~ uuuupancy and torget what has right thing. But Michelle ~s also correct, that they must have this in order to go forward. We re right in the middle. We're styynied right here so it has to either be one way or the other. They have-to have something. So -~ CHAIRMAN MERRILL: Mr. Lewis, do you have any comments? MR. LEWIS: I have lots of comments. I think everyone on the board knows, I usually have a com~nent about something. As a general contractor in Collier County for the last 20 yea~, i've seen a lot of properties go up, a lot of things, auxiliary structures and stuff that I'd just as soon not have happen. And that's why I'm part of the board of the code enforcement., I think we have a relationship and a responsibility. We've been accepted and appointed to this board to pursue that. And in that, I know that we have to have a starting point. There has to be something in solid terms on paper, so to speak, that gives us a starting point ~o go from. I agree with most of the consent of the board, this is a beck of a predicament. I feel very sorry for the people out here that have gone through this and are still going through this today. However, our relationship to the Board of Commissioners and to the county residents is that we need to enforce the code Code says that you must have a permit. . So let's make whatever concessions that we have to i.e., you know, waive the fees, waive the fines, get the people to apply for perm/ts in a proper form and manner, have some leniency ~rom staff a permitting services to help these eo · use that leniency to assi .... P .ple in. whatever wa th we should hav~ ~ ...... ~ ~ne people in oDtai~ ..... Y e¥. can, and .... ~ ~=~ cnem in the firs~ ~__ "~ ~ permits that ~u re not askin~ the ..... t p~=ce as t~ey tried ~ .~,~ ~o ~o anything mo~e th~ ,.,~ .... to do. have had to don= had we issued the permits from 1974 on. A/id I think - ~ ...... ~ uney would we also have to adjust the codes and standards at the time that these structures were built. Certainly, if we do decide to impose fines or fees, then I think those should be associated to the time frame of when these structures were also -- should have been permitted. I also agree with Mr. Lockhart, we have to be very careful here, because we don't want to set a precedent. I, in fact, know of hundreds, probably, of structures out in the Everglades area that do not have permits, will never be permitted, will eventually be taken over and destroyed or removed. I actually had people that I know personally that had to remove camps, so to speak, which were double wide mobile homes. And this is all part of our structure towards the environment and keeping our infrastructure safe and our natural resources safe. Page 81 January 8, 1999 ~o I know these people are all part of an environmental concern; therwise, they wculdn't be where they're at. So I think they,re -- they would be willing to work. with us on that standpoint, too.. So basically I say that we need to find a violation and make some kind of concessions as to how to proceed to get this documented and into the files so we can go ahead. CHAIRMAN MERRILL: Thank you, Mr. Lewis. Mr. Lockhart, do you have any final comments? MR. LOCKH3%RT: No, no further. CHAIPuMA/~ MERRILL: All right then, at this point in time, without objection, we'll conclude the discussion area. What we have to do now is, in the findings of fact, Ms. Saunders had indicated she was going to make a motion as to the findings of fact. I will indicate that and ask for a vote on three items that have to apply to everyone's case, and that is that the people who are listed in each of the cases are in fact the owner of record of th~ ' subject property; that the Code Enforcement Board does have jurisdiction of the person of those respondents; and that they were all present either by themselves or with a representative in th~ · representative capacity; and all the notices required by Collier County Ordinance Number 92-80 have been properly issued. I'd like to entertain a motion to that effect as to all cases. MR. LOCKHART: I'll make the motion. CHAIRM3kN MERRILL: Is there a second? MS. SAUNDERS: Second. CHAIRMAN MERRILL: Moved and seconded. Any discussion on that motion? Hearing no discussion, all those in favor of the motion indicate b}, saying aye. All opposed say same. (No response.) CHAIRMAN MERRILL: Motion carries unanimously. Which brings us to the last section of the required findings of fac~. A_nd that's where I think you had indicated you wanted to make a mo[ion~ The findings of fact that we would have to make now is that the real p~operty legally described in each one of the packets is in violation of the sections and/or ordinances that have been also described in each one of the packets. D6 you have a motion as to that? MS. SAUNDERS: Yes. I'm trying to think how to say this. M~ motion would be that no violation exists and, furthermore, a verbal~occupancy permit and certificate of occupancy was granted by Ccilier County; and Collier County will, therefore, issue a written or official certificate of occupancy as of today to grandfather in all the properties thus mentioned. CHAIRMA2~ MERRILL: We have that motion. Is there a second? MS. GODFREY-IRWIN: I'll second that. CHAIRMAn; MERRILL: Motion's been moved and second. Before we move into discussion on the motion I'm going to ask Rawson, is -- ' MS. SA~DERS: Is that legal? Sorry. Page 82 January 8, 1999 CHAIRMAN MERRILL: Is that that's essentially it. Is that within the power of the Code Enforcement Board, under your understanding of our authority to impose? MS. RAWSON: I don't think you have that kind of power. I think basically her motion -- and let's get past the motion part before we get into any recowmendations. Usually recommendations come after a violation has been found. I think a motion properly is that no violation exists. And, you know, what she said in her motion is that, at least in her opinion, the, already had those CO's. ~I, don't think we can -- I don't think this board has a power to order some other agency to issue something. I think we can only determine if a violation exists, and if it does, what we're going to o gg~out ~'~ CHAIRMAN MERRILL: So the issue really -- so it -- what is it with electronic devices today? So really, is the motion -- a point of order. Is the motion order as it's been stated? MS. P~WSON: I think probably it is not, and you probably ought to amend your motion to eliminate that second part of it. BecaUse iif you passed it, I don't think we can enforce it. CHAIRMAN MERRILL: Rather than striking a motion, do you wish to amend your motion? MS. SAUNDERS: I'll amend my motion, and that will be to simply say that in the cases before us, no code violations exist. CHAIPJ4AN MERRILL: Is there a second to that motion? MS. GODFREY-IRWIN: I will second that motion. CF~I~4AN MERRILL: It has been moved and seconded. The floor is now open for discussion. Is there any further discussion other than hopefully we've already had? Hearing no discussion, we'll take a vote on the motion. And we'll do that as a roll call vote. MS. ARNOLD: Mr. Lockhart? MR. LOCK/tART: No. MS. ARNOLD: Ms. Taylor? MS. TAYLOR: No. MS. AHINOLD: Ms. Saunders? MS. SA~DERS: Yes. MS. A~OLD: Ms. -- CHAIRMJ~N MERRILL: Hold on a second. The motion is that there is no violation. MS. SAUNDERS: That's right. MS. ;LRNOLD: So yes? CHAIRMAN MERRILL: Yes means you're for the motion, correct? MS. ARNOLD: Yes. CHAIRMAN MERRILL: Does anyone want to change their vote? Yes. MS. ARNOLD: Mr. Merrill. Ms. Irwin? MS. GODFREY-IRWIN: Yes. MR. STiRLiNG: I'm not voting. MS. ARNOLD: Right. Mr. Lavinski? MR. LAVINSKI: No. Page 83 January 8, 1999 MS. ARNOLD: Mr. Oxley? MR. OXLEY: No. CHAIRMAN MERRILL: And the tally is four to three, motion fails? MS. ARNOLD: Yes. CHAIRMAN MERRILL: Is there any other motions? MR. LOCKHART: I make a motion to find the various 9rogerties as described in the 9ackets in violation of the ordinance stated. MR. LAVINSKI: I'll second that. CHAIRMAN MERRILL: It's been moved and seconded. Any discussion on that motion? Hearing no discussion, we'll take a roll call vote MS. ARNOLD: Mr. Lockhart? · MR. LOCKHART: Yes. MS. ARNOLD: Ms. Taylor? MS. TAYLOR: Yes. MS. ARNOLD: Ms. Saunders? MS. SAUNDERS: No. MS. ARNOLD: Mr. Merrill? CHAIRMA/~ MERRILL: No. MS. ARNOLD: Ms. Irwin? MS. GODFREY-IRWIN: No. i MR. STIRLING: Not voting. · MS. GODFREY-IRWIN: No. MS. ARNOLD: Mr. Lavinski? MR. LAVINSKI: Yes. MS. ARNOLD: And Mr. Oxley? MR. OXLEY: Yes. THAI~43~N MERRILL: The tally is four to three, motion passes. ~S. AR2;OLD: Yes. IHAIRMAN MERRILL: All the properties have been found in viol~ :ion of the ordinance. We now come to conclusion of law that those properties and the owners of those properties are in violation of the sections as has been stated in the record, and we have to come to the portion which is the order of the board. Mr. Lockhart, you made the motion earlier -- or made the motion that we just passed and also had indicated earlier that you have some idea as to if we got to this stage, where we would be. Do you want to make a motion? MR. LOCKHART: Yes, sir, Mr. Chairman. Motion would be that staff work with the various property owners identified in some logical fashion from the first code number violation to the last; correspond with them, discuss with them the procedure to have them submit an application for an after-the-fact building permit; to waive all building permit fees, have no identify and work with each and every homeowner with regardsfines; and inspections that may be required; waive any inspection fees; to any and have certificate of occupancies issued if these structures are found to meet the code that was in the -- that was in effect at the time that the buildings were constructed. O CHAIPdV0kN MERRILL: Could you repeat the last? I didn't catch the asr. MR. LOCKHART: To have the building codes that would apply be the codes that were in effect at the time the structures were built, be it Page 84 January 8, 1999 1980, '85, '90, what have you. MS. AR/~OLD: Built and modified? MR. LOCKHART: Pardon me? MS. ARNOLD: Built and modified? Because there are modifications out there. MR. LOCKHART: Again, if there are remodeling modifications, ~hen only those portions of the occu -- of the dwellings that deal with remodeling would be subject to the code at the time of the remodelings. CHAIRMA2~ MERRILL: Is there a second to that motion? MS. TAYLOR: I'll second that. CHAIR/iA/; MERRILL: Moved and seconded Discussions on that ~ motion? · done? MS. GODFREY-IRWIN: How do we know when the remodeling has been MR. LOC.Vd=aRT: We've had a tremendous amount of testimony, that we have, I believe, amongst us taken testimony at 100 percent truth~ so I think we should continue to work with these people, that if they say they purchased in '80 and they have a deed to that effect, and they have a little chronology that states what they did from that tiime to the present, that we have to use that as the evidence and proof of you know, the time frames. , CHAIRMAN MERRILL: I have a clarification. I want to go back to what the commissioners, order directing us to hear this case had; that they indicated that if a violation was found, we have to or should consider the following items in their order to correct. MR. LOCKHART: Where are you reading from? CHAiRMA/~ MERRILL: I'm reading from the executive summary, second to the last paragraph there. Numbered one through five MR. LOCKH3tRT: Okay. ' CHAIRMA2I MERRILL: And I want to get the meaning and the sense of your motion as it applies to these five items, because the commissioners had asked us to do that. And I think that you did answer the first one. The after-the-fact building permit fees, you're moving that they be waived as part of your motion? MR. LOCKHART: Yes, sir. CHAIRFuAN MERRILL: Okay. That the structures must be consistent with zoning, and that zoning would be the zoning to be applied at the time that they were constructed, or if modified, the modifications were made. MR. LOCKHART: Well, that is a tough one, because the first thing that comes to my mind is are there adequate easements for ingress and egress, and I have no idea how this property was chopped up and how you know, access was proposed. , None of the deeds make reference to any easements of record. They make reference to any that may be of record, but they're not included as part of the lands conveyed. So that's kind of a hard, you know, item to address '.,'hen the code or the zoning ordinance state that you cannot s,abdivide '*'~thout proper ingress and egress, and I think Florida Statutes state no one can be denied access to property. So it's -- CP~IR~,!~I MERRILL: So your motion Page 85 January 8, 1999 MR. LOCKHART: -- I would -- well, let me amend my motion Or add to my motion, and it's in maybe the best interest of everyone in this community that some type of property owner association, homeowners' association group or something of that nature be created for you to collectively work together. If you're all neighbors, and you've indicated you're all close friends, what have you, you have the same interests, the same goals, it would seem to me that having that kind of a vehicle might be good, again for you to have on record. It could be something drafted, recorded in public records that would help your position in the future with this county and the federal government. It's -- the masses have strength, individuals don't. .CHAIRMJtN MERRILL: Mr. Lockhart, I heard you just wanting to amend]your motion, and quite frankly, we're getting really unwieldy 'with ~he motion here. ~ think what I'd like to do -- MR. LOCK~T: This is unique. IHAIRr!AN MERRILL: Yeah, it is. .whil! £f I can have a little bit of latitude and prerogative to ~et ~- Iwe have the motion on the floor and we can discuss -- (R~ LOCKIiART: Okay. ~HAI~3%N MERRILL: -- these five items addressed, and then per] iS?after that discussion, retool anything that needs to be et0 led to accomplish at least a discussion of these items I hat ~ all t ' ' . . think ,. hey re asking us to do, to consider them. We don't have no a ~t them, we just have to consider them, and either adopt them or reject' them or modify them. So if we could kind of go through those. Number one, again I think is clarified. Number two, the structures must be consistent with zoning. We may have a problem with that We're not the zoning board. ' MR. LOCKHART: Correct. ;End that's where I digressed a little bit, so I apologize. ~nd maybe I can address that -- MS. ARNOLD: A~nd I think that -- if I may add for clarification. I think that issue that the board discussed at the time was whether or not the structure was a permitted use in the zoning district that it's c~:rr~nti zoned. - y MR. LOCKi~RT: So if we can limit it to that -- MS. A~{OLD: Yes. MR. LOC~HART: -- only, then I have no problem with leaving my motion as it originally was. CHAIRMAN MERRILL: Okay. So only consistent with permitted use zoning, not all the ramifications of zoning. MR. LOCKHART: Thank you. .., HAIRMAN MERRILL: Okay? I think that we'll address that and i'll t~'rig~t to you in just a second. T~en we ve got: The structures must meet all Collier County codes~and you would address that with the codes in place at the time of ~hg'l'construction. A/~d then four and five are somewhat similar: Paying of the impact es at%he time of building construction, and building permit fees at the ti~i0f building construction. And you had indicated you wished i! Page 86 to, n weren January 8, 1999 your motion, have those fees waived. MR. LOCK~SIRT: Waived. It's of no fault of their own that'they c , 't paid. And I think it's an impugnment to go back and try to olIect them. Along With the fact that no services are provided. i CHAIRMAN MERRILL: Mr. Lewis~ ~MR. LEWIS: I was just tryin~ to hel ex ed . . you,ll read the last ~ ........ P P ire matters. If board's recom ~ . ~= oM unat e~ecut~ve summary, this is not the for.i%ur m~,,datzon to u~. They nave [orwarded these cases to us prerogative. So we do not have to address those five points. So as far as the zoning matter goes, I wouldn't worry about it. That's sometking that staff can handle. CHAIRMAN MERRILL: Regardless, we have now addressed them. MR. LOCKHART: So that's my motion. CHAIRMAN MERRILL: And does anyone have a solid handle on the motion so it can be read back? All right, let me see if I -- I'll make a stab at it. That th? owners of the subject properties are to obtain the appropriate building permits at no cost; that there are to be no after-the-fact building permit fees, no impact fees imposed; with those building permits, they must have the appropriate inspections and certifisates of occupancy. MR. LOCKH/tRT: And any inspection fees are waived, and that the code will be the code at the time that the structures were built. ~ CHAIP~UtN MERRILL: Is that essentially your motion in its entirety? k MR. LOCKHA.RT: A,nd again, I throw back to the attorney whether or .n we have the power to waive all of those fees. o~m MS. P~WSON: Ordinarily you wouldn't, but, you know, the County C mission gave you all this power. On January 20th, 1998, they didn't seem to want to address that at their meeting, and they have, think, instilled this power in you. !a~ !a fi th~ i, mi or but ! MS. ARNOLD: I believe that what they granted the board the hority to do is waive the administrative ._ I mean the er-the-fact fees, but I'm not sure they extended the authority to 'Ye building permit and impact fees because of -- based on the ~sion the County Attorney, s Office said. ~ What I believe the board said is that they were authorizing us 0se fees at the time of construction, but not waive the building to ~s or the impact fees. CHAIRMAN MERRILL: I think we had this discussion to start, in almost exclusively all of this construction occurred prior to the sition of impact fees, so essentially that's a zero anyway. MS. ARNOLD: Right, but not part of the -- CHAIRMAN MERRILL: But not the building permit fees, which, as I rstand what this says, the building permit ~ees would be whatever were in place at the time of the construction be it 1980 1981 ~83, not current prices. ' , MS. A3~;OLD: Correct. CHAIRMA~ MERRILL: We could still make that part of our order it may not be enforceable. , MS. AHINOLD: Right. MR. LOCKHART: Again, I'm trying to soften the fact that there make it a zero violation or have no n!e~ to be a violation, but to Page 87 correl MERRILL: That then concludes most of the cases. Still have the -- Penski and'one Rossi matter; is that .~[Am I missing anyone? Page 88 1 January 8, 1999 ~al derogatory connotation, with no fiscal impact. CHAIRM3%N MERRILL: Well, that motion's made and -- 3.I MR. LOCYJ{ART: I think I need to add one more thing. As'my colleague to the right, there should be a time f ~ ~he. ev~nt any of the residents would not .... [~_at~che~. to this. ' ~=~ue, nnat t~ere ~eeus to De some tlme frame. And I throw out a 90, 120-day, somewhere in there, for coordination with the homeowners, to at least give them the applications and let them submit within 90 to 120 days. ~. Once the process is started, I don't think anybody's going to wal~away from it. If they're not going to be agreeing to it, then the~won't even submit, and if they won't submit within 120 days, then it ~fll have to go to icHAiRMAN some fine process to get some meat behind it. MERRILL: Is that your figure then, 120 days? ~R. LOCKHART: 120 days. ~CHAIRMAN MERRILL: That is the motion. Does everyone understand the ~%tion? ' ',~_t~has been seconded; am I correct~ ~S[ TAYLOR: Yes, I seconded it. ' '~CHAIRFU~N MERRILL: Does everyone understand the motion? MS~ A3~$OLD: Can staff understand what the fine amount wou~d after,the -- MR. LOCK}fART: $50 a day. MS. AP~$OLD: Okay. CHAIR~ MERRILL: That has to be in there. MR. LOCK3{ART: It's got to be part of the time QCHAIP3iAN MERRILL: Any discussion on that motion? Any further incursion? Yes. M~. SAUNDERS: I have a question for staff. Are you -- is code enf°r6ement allowed to ins ' ~u '~ pect properties -- let me ' p~ mblng, for examnle Le. ......... take electrical or , . . ~ · ~ u~ ~y ~ne co~e was · · ~?~=~s ~uch_more stringent in 1998, 1999 n~o~,.tg~g lQ 1980 and c~rCl~lca~e o£ o ~n=~,, ~.-_~ .... · ~= y~u ax±owed to qive a c__~ .... ~ w~=u on ~ne 1980 standards9 - MS. ARNOLD: Yes. The building department is actually the department that would do those inspections, and they would -- MS. SAUNDERS: Even though it's changed since then? M~. ARNOLD: Yeah, they would -- they know what the codes were ba - '' c~ ~n 80 and what it is now, and they will inspect based on those codes~j~aCk at the time of construction. C~AI~4AN MERRILL: Any other questions or discussion? Hearing no discussion, I'll take a -- close discussion and ask for the vote. A~{these in favor of the motion, indicate by saying aye. A~!bpposed say same (~o response.) ' CHAIRFUtN MERRILL: Motion M~. STIRLING: I'm not voting. CHAIRMAN MERRILL: -- carries. M°kion carries. That -- MR% LOCKHART: Was there a second on the motion~ TAYLOR: I did. · LOCKHART: Oh, I'm sorry. kno~ talk January 8, 1999 MS. SAUNDERS: Yeah, there's about five or six that are -- CHAIPd~AN MERRILL: And they're all similar to that other mobile home? So -- MS. ARNOLD: I believe it's Penski, Hassenplug, Shirley, Henry and Rossi. CHAIPaMAN MERR%LL: Okay, could you call out the case numbers of %hose who are duplicative. The ones that I understand, you know. iMS. ARNOLD: Okay. That you've already spoken to. ~CHAIRMJkN MERRILL: Rossi had three. I don't know which one is still left. ~MS. ARNOLD: Penski is the only property owner that has not yet testified. All the others were duplicate~ ~CHAIPd~%N MERRILL: Okay. Penskis, are you here? They're not here~ Penski? ~MS. LEE: Penski? Right here. ~CHAIRMAN MERRILL: Someone is here, they're discussing something in t~e background. ~Staff, do you have a packet on the Penski matter? MS. CRUZ: Yes, sir, that s case number 99-004. , .~CHAIRMAN MERRILL: Okay. Ms. Lee, I notice that you re here agai~ and you're at the podium. That's great. But I also know that ?'ou~e not Delores Penskl or James Penskl. '~S, LEE: That's right. ZCHAIRMAN MERRILL: In what capacity are you here~ ~S. LEE: Just Bobbie Jean was here to speak for'her sister and she asked that I speak for her. I'm the only one -- De]ores is in Nort~Carolina and she asked if I would speak on her behalf. ~C}{AIRMAN MERRILL: Delores Penski is -- ~MS. LEE: In North Carolina. ~CHAIILMAN MERRILL: -- whose sister? ~S, LEE: Bobbie Jean Gillis's. She's R?y Looney's daughter. {~HAIRMAN MERRILL: Okay. Ms. Rawson, we re getting a little far afield on the -- on notice. ,~i~MS' RAWSON: Ms. Gillis, do you have the permission to speak on her behalf? ~S.~ GiLLIS: She asked me -- ~HAI~tAN MERRILL: Can you come to the microphone, please? I'm soft, to make you do that, but -- MS. GILLIS: That's okay. MS. LEE: i do have written authorization from Delores Penski whichithe county has in their files -- I didn't bring it with me -- to represent her on any of the dealings on this property. ~HAIRMJtN MERRILL: Is it notarized? ~S. LEE: Yes, it is. ~HAIRMAN MERRILL: Okay. iSJ RAWSON: That's fine. And if you'll just state that, you you have her permission to give your proxy to Debbie. ~S. GILLIS: I have permission to give Debbie Lee the right to or my sister. ~MS. RAWSON: That's fine. CHAIRMA~ MERRILL: Staff, is there a packet in this case? MS. CRUZ: Yes, sir, there is. C}IAIRM~dg MERRILL: Would you please mark that packet. ; Page 89 ~Ms. cruz: lea~e. January 8, 1999 I'd like to mark that packet Composite Exhibit A, ICHAI~4AN MERRILL: Ms. Lee, do you know whether or not the Penskis have received that packet? ~MS. LEE: I believe she was aware of it. {CHAIRMAN MERRILL: Okay. Do you know whether she -- in your capaqity, do you have any objection to the introduction of the packet~ ?i~MS. LEE: No, please do. · :~CHAIRMAN MERRILL: Then that will be marked and introduced in evidence· i~Before we start, let me ask staff this and also you, Ms Lee: Is this~going to be essentially a reiteration of the same type violations and facts that we just heard in all other cases? MS. AP~OLD: Yes, it is. The only difference with these mobile home ~ases, and the reason why we separated them, was that mobile homesl is not a permitted use in the current zoning, conservation · zoning. It's only permitted as a temporary use while construction'6f your primary single-family structure. CHAIRMAN MERRILL: All right, then, let me ask, when did that zoning go into effect? MS. ARNOLD: '91. And in the agricultural zoning district, that was in effect at the time prior to the conse~ation district. The mobile home uses are permitted -- were permitted uses with bona fide agricultural uses. And the other thing is they were also permitted similar to today, s a temporary use while construction of a single-family structure. CHAIRMAN MERRILL: So just so I understand, that there was no prohibition to having a mobile home, as long as it was in conjunction with an agricultural use? MS~ ARNOLD: Correct. CHAIRMAN MERRILL: Did they need a permit? MS.7~ARNOLD: Yes. CHAIRMAN MERRILL: Okay. Proceed. N0,~ they go first again. MS. LEE: Okay· CHAIRMAN MERRILL: The burden's on them. MS. CRUZ: The respondent is James Penski and Delor~s Penski. Mailing address is 17240 South Essex Street Fort Lauderdale, Florida, 33231.! , i The alleged violation is placement of a mobile home and residentially utilized without first obtaining Collier County ~permit~, inspections and certificates of occupancy, building ~ This is an alleged violation of Section 2 7 6, ara five, Ordinance 91.102 T~ .......... ..._ P graph one and · ,~= ~=~punuenus was notified on July 22nd -- on Jul~ 22nd, 1994, the violation was first observed. Respondent, the most recent notice of violation was given to August 28th, 1998, with a compliance date of October 12th, 1998, and the most recen~ inspection ~;as done October 26th, resulting in violation remaining. CHAI~zJ~.f MERRILL: .Thank you. Do you wish to make any opening remarks? MSi LEE: Just simply that the way the}, described the temporary permitting, I'm fully aware of. But the three previous mobile the o~her, three mobile home permits that were issued in 1980 were Page 90 issue, " code January 8, 1999 under the 1973 zoning, and that was done a little differently. It actually had a mobile home overlay. And I'm going to need to call Rick Pena, who has that information. Then they'll all apply the same. As far as Ms. Penski, she's within the same realm. 19 -- you know~ basically the same story and everything. 4A~d i would like to state in regards to -- while I'm here for Ms. Pens-~i is Big Cypress Sanctuary -- Big Cypress Presel-ve has already take~ over this area No other buildings can be built without their pern%lSSlOn and going through various other state and federal and approvals. to inspect integrally the insides of sheds and buildings and is going to be a ve~f difficult process. ther than that, I really have nothing more to say and I'll let Mr speak on behalf the mobile homes. MERRILL: Okay. Staff, call your first witness. ~-RNOLD: Our testimony would be the same for the mobile homes 'iously. We have nothing more to add other than that previous so we don't have any additional witnesses, unless we want them reiterate what they said before. MERRILL: Does any me~%ber of the board want to hear ~he t ny again from the same witnesses? I didn't think so. 11 your first witness. . RAWSON: Is this going to apply to all of the mobile home case !hat are -- '. LEE: Yes. RAWSON: Okay. MERRILL: Good afternoon, Mr. Pena. !. PENA: Good afternoon. It's me again. RF~ MERRILL: Long time, no see. M~. PENA: How you doing? This is a packet that I did mail to the board. I believe you all received it. C,~AIRFuXN MERRILL: If it's in the recor~ ~ would ~ou -- do you wish to make it part of ~h~" the other cases, also? J ~ record in these cases M~. PENa:, Yes, I would, sir. C~AIRF~I MERRILL: Staff, any objections? M~ CRUZ: I'm sorry, sir, what was that? CH~IP~ MERRILL: In the packet that Mr Pena sent in in the Rossi itter, that's part of the record in the other cases ~ CRUZ: No. ' ~IR/~ MERRILL: No objection? It's part of the record in this case a] o Go ahead. PENA: First, one q'uestion that I have is when they sent us this to have these packets forwarded to the office of Maria Cruz b 4th, they asked for 20 copies. I would like to know who ~ 20 copies went to. iP~ MERRILL: Okay, I will allow you to ask that question, the hearing, because that's really not germane to what the PENA: Well, what my question would be is does the county t have a copy of the -- SAUNDERS: Oh, yes. -- letters that I forwarded to the board? Page 9i just! that and coupl that are board that Colli~ being prior !broth{ .i~ 22nd tl re [~homes i,:~ s t ruct fees?I about O five existi we did mobile ~gricul Janua~ Janua permitt permitt, propert rmi iopie: 1.6 1 January 8, 1999 ,. ARNOLD: Yes. PENA: You would have a copy of that? ARNOLD: Yes. ~, PENA: Okay, so -- MERRELL: That's been introduced as part of the packet. PENA: Okay. So in the beginning, I would like to go to the e, which is my first letter to the board members. If I could ke a couple minutes for you all to just review over the letter sent to you all, I'd appreciate it. MERRILL: Okay. I think that we've had that opportunity PENA: Okay, you have read over the letters. ay, the information that I have in the packet I sent out a weeks ago, so they've had plenty of time to go over the papers sent to them and present any evidence accordingly. they're saying that they have no evidence that mobile homes out in Big Cypress, but in the packet that I sent to th~ well as they have a copy of, if you go to the page of -- be the third page, which is a folio number, it comes from County. It states that the property was bought in 1986.; ~ Mr. Stirling was asking earlier about the property t -- bought again in 1986. Well, the property was bought ~ 1986, but it was transferred in 1986 from the Rossi's in-law to the Rossis. Okay, so it was transferred in 1986. if you look down at the property description, the land use, ht there that it is for residential mobile home. It states ere on the paper that comes from Collier County which they a copy of. ' look at the memorandum that Mike Kirby sent on February 'h Richard Clark, also it says in the letter that he said, to the mobile homes -- that would be on the second page lees would not have been charged for any of the single-family mobile homes in this area, since construction on all but five began before 1985. I know that this refers to the impact it's also talking not only single-family homes but also homes. so it says ~hat the structures, all but five -- that the ~ structures were constructed after '85, replacing structures that were already there. So in other words, what s replace a mobile home that already existed with the new 'ou turn to the following page, Collier County Ordinance 7.8, [ral district, adopted by the Board of County Commissioners on ~th of 1982, which was also filed by the Secretary of State [1th of 1982. If you looked at the second paragraph, accessory uses as structures, number C, mobile homes were and also allowed to be in Big Cypress. look at 1981 -- '91, when the -- it was changed to uses, single-family homes, i~ is not in there. But this d in 1986, not -- after 1981. turn the following pages, the application for the building I asked earlier when I got up here if they had any :he applications Or building permits, and they said they did Page 92 i :1 January 8, 1999. not ~have any on record. Well, it's right there. Collier CountY, i Florida application for building permit. : . ! CHAIP34AN MERRILL: Excuse me, this is the one you're referring I to, the applicaticn, which is permit 80-2169 and the issuance date is ~ 5-14-807 ~ MR. PENA: That's correct, sir. ~ CHAIRMAN MERRILL: Okay. I can't really -- the copy is bad. I can't read -- MR. PENA: I can barely make out my copy, either. But you can see that it is an official document from Collier County, Florida, which was dated on 5-14, 1980 and signed at the very bottom. Sanitarian and King (phonetic) is the signature at the time of the inspection of the subject drain field, which also gives the size -- it states a mobile hom~ on the permit. ~ CHAIRMAN MERRILL: Yeah, on the permit itself, I can read "mobile hom~" And that's the mobile home that's on the property? ~ MR. PENA: That -- ] CHAI~ MERRILL: Or that was on the property? ~ ~ MR. PENA: That's one of the mobile homes that we replaced that was existing. ~ ~ '~ CHAIRMA~ MERRILL: Okay. And has this mobile home been replaced ~ witklanother mobile home? , ~MR. PENA: Yes, it has, sir. I If you look on the building permit, which is the following page, · we also have the building permit that they said did not exist in Collier County as well. 4I also have a copy of the building permit that did exist, 1980, of the -- on the 14th of May of 1980 that did exist, which I have a copylof. So code enforcement should have been able to get a copy of it. If I can get a copy, I'm sure that they can get a copy. iliIf you go to the next page, look at the date on this one, 1997. In their evidence, they said that we did not try to apply for any ~ permits whatsoever, they have no record of us trying to apply for ~ permits. I obviously have a receipt that I received from Collier ~County where I did apply for an electrical permit. I ~I have, on the next page, my permit that was given to me in 19 -- i%n A~gust of 1997. The county never came out, followed through inspecting this, told me that it was revoked and they would not !inspeCt it. ~ ~Every permit that we applied for was red flagged. They would not igive~-Us permits. They continuously tell us that we need to get these 'ipermits Every time we go to get permits, it gets turned down ~ ~he next one, on property where I'm living, they say that we have ~septi~ tank violations. I clearly have a septic tank permit on the ~next~age, which they c?uld have got a copy of. Why don't they have a ~copY!~Of this one? That s three permits that existed that they said l did ~t exist. I've got it right there in black and white that it did 'exist~ The septic tank permit is dated in 1995. CHAIRMAN MERRILL: Are you referring to this permit dated May 9th o~ 19957 MR. PENA: That's correct, sir. CHAIRMAN MERRILL: Permit number BC-95-3. It's up to the left of Page January 8, 1999 e the date is. MR. PENA: P-94 -- TP-94 CH~IPd~tN MERRILL: Right below that. MR. PENA: Yes, sir, that's correct. CHAIRMAN MERRILL: Okay. Then we've got the right one here Ok . MR· PENA: And it says Robert Rossi. So that's another septic tank permit that we did apply for and received· If you go on farther, we sent a letter through Debbie Lee to HRS with the State of Florida, applying for a variance to apply for a septic tank, which they approved. They gave us the permits and the permission to go ahead with their septic tank, which we did. And now the!county wants to tell us that mobile homes aren't permitted. ~ So I have several different pages of permits that did exist. Not only from 1980, '95 on the septic permit, also an electrical on 1997. But .yet they say we didn't apply for any permits. This I can't understand. , ~ I had an operation two years ago, almost two years ago. They told me to go through little stress· It's been nothing but stress since 1994. All I want to know is when is this all going to end? ;;hen am I going to be finally at peace? ~iCHAIRMAN MERRILL: Let me ask you this: T ' ~re% and all the other permits, ar~ .he p~rmlt tha~ you.have cnatfs the one that ............. i_=, ~r.one p~ece of proper~y an~ ~ ~f_f~!,~:_ ~na: s the_mobile.home permit, yes, sir. ~rn%l~ ME~RI~L: And that is owned by Mr. Rossi~ '~,'~. rn~a: sy Mr. Rossi, my father-in-law I've been marr his~aughter -- we,ve been out in the mi~- _2 ..... ~ed to uuz= o~ une sver la~es ove~10 years, g :or ~CHAIRMAN MERRILL: Is there any building permits for an of other mobile homes that are out there~ Does an ~_~ the · yone have ~MR. PENA: Mr. Humphrey had permit applications that he had and a buil'~ing permit for his home, and they ruled against him, saying he had no permits. CHAIRMAN MERRILL: My question Was, is there a building permit -- and it's to you, I guess -- for the other mobile homes similar to what MS. LEE: Henry, Rossi and Humphrey all three had mobile home permits issued in 1980. Not under the temporary type use type ruling that they now have, they were under the '73 zoning, which I called him to provide in his package that was residential overlay, mobile home overlay, and it was in effect until 1982 for sure that I know of. CHAIRPULM MERRILL: Is there any other questions you have of Mr. Pena?~ MS. LEE: No. CHAIRMAN MERRILL: Staff, do you have any questions of Mr. Pena? MS. AJ~NOLD: Yes. Permit nurmber 80-21-69 what parcel is that for? ~ , MR. PENA: Which one is that again, ma'am? MS. A-R/gOLD: The building permit for a mobile home. I don't know page number it is, but it's the one that was -- PENA: The application or the building permit, m~'am? Page 94 ~ermii January' 8, 1999 ~ MS. ;J~NOLD: Yes. 80-21-69. Is that for parcel 21, what we're discussing right now? What parcel is that for? '~ MR. PENA: Well, that's -- if I look, through my, papers, & ~ould find the parcel that I reside on, if that s wha believe it's - · t you re et ' . - you have Collier Enforce g ting at. I 99,~19 it's designated as. ment Board number 99-92 -- !~ And they have not only the mobile home, but they also have a , gazebo. And if the gazebo is in violation of their ordinances, that their violation, because that piece of ro er ' s Mr. Rossi's Th ~ ........... ~. P ty is not even mine, or an ....... ' a~ ~=~%¥ ue~ongs to the state, that ~ ' u ualo ~ was my ViOlation. hey violated So clearly, they didn't even go out and see the property, where the~.property line was and who was in violation of what. All they did was~take a bunch of papers and say well, here you go, this doesn't look good. ~ A,nd it was all enclosed in the area I'm in, so therefore, it bedame my property. That would be great if it's my property, because thaei would be five extra acres I would have, but it's not mine, it's th state's that I'm in violation of. .. MS. A3LNOLD: The permit -- the information that has been presented to the board, is -- just for clarification, Js not on the PenSki property, it's a Rossi property and that's parcel 1 6. It was fori~parcei 1.6. · ~ The parcel that we have yet to discuss is parcel 1.12, and there's no records that the county has of a mobile home permit being issued on that particUlar property. iMR' PENA: If I may interrupt for one minute? t CHAI~4A2{ MERRILL: Hang on a second, hang on a second. I have a question and I'm going to ask you first, and hopefully get to the bottom of this. ~The application and the buildin ' . it's~ vet difficu' . . :~ permit g? together. However, ~ Y .-t to determine which piece o£ ro ert ' permit has been ~ ~ ........ P P y the bulld~n lssue~ ~. ~ow, nnere are three pieces of propertyg that~are here, one of which we've discussed that has a s~ngle-family hous~ on it. ' i~!MR. PENA: Right, thag's correct. ~CHAIRPtA/¢ MERRILL: Which piece of property has this application and building permi~ been issued for, and how can you tell us that? MR. PENA: I believe that the application for the building permit and the application -- and also the building permit was on the property of the single-family home. CHAIRMAN MERRILL: Okay. MR. PENA: However, I believe -- I know that the permit that was applied for for the septic tank is On the property on which I'm on, ,which~is -- you have it listed as 019. The other permit exists -- the ione t~at I was thinking of, referring to on the application of the ~buildtng permit, goes to 020. It's for 021. That application was also turned dov;n for electrical permit, which also is a mobile home. .CHAIRMA/~ ~,:ERRILL: Let's just deal with the mobile home right now, without the septic and the electric. Okay? MR. PENA: Yes, sir. CHAIRMAN MERRILL: You believe that the permit, the building for the mobile home was issued for the parcel that has the Page 95. nderstan¢ ith~ b ,I lexislng at the time. And -- January 8, 1999 i le-family house constructed on it? [ MR. PENA: That's correct. The reason that I introduced the permits was because they have to] me that permits did not exist at that time, is why those permits arelincluded. ~ CHAIRMAN MERRILL: So you're not representing this as a building permit -- t MR. PENA: No, sir. t CHAIRMAN MERRILL: -- for the mobile home? ~ MR. PENA: No, sir, I am not. ~CHAIRM3kN MERRILL: Okay, that clarifies a lot of things. I th°dght that you were. ~ MR. PENA: No, I am not. ! MR. LOC~qART: Mr. Chairman, if you look at case number 19, that legal description matches the building permit, without Penski. i~~ MS. AR/gOLD: Well, they're all Rossi. CHAIRMAN MERRILL: Right, right, he's talking about Rossi. MR. PENA: I am talking about Rossi property, sir. ~ CHAIRMAN MERRILL: Now, do you know when the mobile home was placed on the property? MR. PENA: Prior to 1986. CHAIPJ4A/~ MERRILL: Okay. But you don't know when prior to 19867 MR. PENA: I believe 1980, but I'm not sure. I'm not positive. Bec lse I didn't even come into the picture until 1989. All I can do is g% by the papers that I have in front me. · .~CHAIRMAN MERRILL: Gotcha. MR. PENA: And I obtained all these papers by coming over to Collier County, going to the libraries and going to your records department and doing research and taking time off and having to get a ridelover to here to do so on my ow~ time, not getting paid for it whatsoever. ICHAIRMAN MERRILL: And staff, do you have any other questions of Mr. ~ena? iMS. ~J~NOLD: No, I don't. ~CHAIP34AN MERRILL: ~A~,y member of the board? ~MR. STIRLING: There s two -- on 019, there's two different addresses. 1492 Deer Run Drive, and ~hen 1570 Panther Road. And that -- and Panther Road was transferred by warranty deed on January 22nd, 1986~from Patricia Ann Smothers to Robert J. Rossi and Glenda Gail Rossi, his wife. :~The 1492 Deer Run Drive, I don't -- it didn't indicate when it was -- when the deed was dated. MR. LOCFd{ART: I have a question of staff. At the time that the overlay occurred and the change from agriculture which allowed the mobile homes to the ST, which didn't, was there any kind of survey done of any existing structures? MS. ;LRNOLD: No. MR. LOCKHA/qT: If there was a mobile home, would it not have been deemed a legal nonconforming use and have been grandfathered in? :~S. AJ~NOLD: Well, and we're verifying this, but it was our iing that mobile homes are permitted only as a bona fide bona fide-- we have no indication of the overlay district Page 96 January 8, 1999 The '82 code allowed as a permitted accessory use Accessory. MR. LOCKHART: MS. AR/WOLD: MR. LOCKHART: -- mobile home. Doesn't say mobile home with a bona fide agriculture use, it just says mobile home. MS. AJLNOLD: But it's an accessory use, it's not a -- .~ MR. LOCKHART: Okay, I don't understand the distinction. If it's a permitted use, it's a permitted use. ~ CHAIRMAN MERRILL: While they're looking that up, Mr. Pena can you~tell me that when you had knowle ' . ' the~ roe _ · _ dge.of a mobile home in 1986, did ~P p rty that the mubmle home was situated on, was ther agricultural or livestock uses made of that property? e any ~ MR. PENA: Only chickens. CHAIRMAN MERRILL: Okay. MR. PENA: Ail of my chickens are like eggs. CHAIRMAN MERRILL: There's chickens raised on the property? MR. PENA: We have chickens, ducks. I believe that's all we have is 9he chickens and the ducks, right? CHAIRMAN MERRILL: And has that been a continuing use since that time? Have you always had some farm -- ~ · ~ MR. PENA: Yeah, we've always had either chickens or ducks. mean, even when the animals or raccoons are something gets our chickens, I mean, we usually replace them. ~ THE COURT REPORTER: I'm hearing several conversations going on at the same time. CHAIRMA/~ MERRILL: Yeah, Ms. Lee, you'll have to back away from the microphone, because -- what part of it didn't you get? I think he said that they've had in continuous use, they've used it to raise chickens and/or ducks since 1986. Am I correct? MR. PENA: That is correct. CHAIPdV~tN MERRILL: A. ny other questions of Mr. Pena? MR. LOCKKART: Wasn't it also previously discussed that the entire section was fenced in and catalogued by everyone on the section __ M HAIRMAN MERRILL: Right. R. LocKKART: -- SO an agricultural use existed, in my opinion. ~CHAIR~ MERRILL: Thank you, Mr. Pena, we appreciate it. ~MR. PENA: Thank you, sir. ~HAIRFJu~ MERRILL: Ms. Lee, do you have any other witnesses you want~to call on the -- ~MS. LEE: No more witnesses, just -- CHAIRM3tN MERRILL: A, ny other witnesses -- are you representing everyone else? Let me ask you this: The other people who are here, the -- let me see, that was the Penskis. The Rossi's we've -- Mr. Rcssi, anything else from you? He says no, waives to me. Who else has a mobile home that's here? McCullochs -- Hassenplugs, I'm sorry. Do you have anything you want to add? Why don't you step up here for a second. I've got a question for you. Maybe I can cut to the quick here. You're still under oath. On your property, did you have a mobile home on your property prior to 19917 MR. HASSENPLUG: 1980 we put our mobile home on the property. CHAIRMJd; MERRILL: Okay. And has it been essentially in the same Page 97 ~ion - - MR. HASSENPLUG: CHAIRM/LN MERRILL: MS. HASSENPLUG: January 8, 1999 Yes, same one -- or same parcel since then? -- has not moved, and occupied. ~ CHAIRMAN MERRILL: Do you conduct any animal husbandry or agricultural business on that parcel? pig~ MR. HASSENPLUG: Yes, sir, I have. Since we had horses, we have , we have cows, we have rabbits. We had some chickens until the coons got them. CHAIRMAN MERRILL: You've covered that. Is there anything you wanted to tell us on this issue? MR. HASSENPLUG: Yes. On the other part, they gave you an empowerment to make decisions, I guess, involving things regarding the building department; is that correct? .+ CHAIRMA/q MERRILL: I'm not sure where you're going. !~ MR. HASSENPLUG: I'm asking her if this was legal. CHAIR~ MERRILL: Why don't you come right to it and we 11 tell you what -- ' ~ R. HASSENPLUG: Well, I'm wondering why after four years, ;,you kno~ everybody playing with us on this stuff, why the board can t do 1.ike~Mrs. Saunders suggested, you know, give us -- grandfather us i . give, us our certificates of occu ........ ~ ~ ........ n. .... -- - · ~-,,~x a~u ~=u us issue the county a · eucer o~ hold harmless on these issues. , JThey have photographs, aerial photograph,s, they ve been all over ~ur~roperty taking photographs. They know we ve built, t ~e ~ve, they've ~---~-~ · ......... - hey know what - ~ ~=u~=u ~u on ~nelr lnEormatlon. ~Why can't they just say look, here's your certificaue of occupancy, you're grandfathered in, like you were talking about, and let Us issue the county a letter of hold harmless. CHAIRFJu~ MERRILL: I appreciate your position. Even though it's out of order in this hearing, I'm going to address you. :They didn't give us that authority. They gave us the authority to waive fees, some fees, certain fees, which we normally wouldn't ihave,?~ Normally we have the authority to find a violation, and if so, +to dO'. something about it in the sense of ordering its correction. We are limited in that sense, and so can't help you there. Sorry. MR. HASSENPLUG: Well, also on this issue, we have applied for our -- the permit, which I think Debbie Lee has a copy of it for the trailer or repair or whatever. MS HASSENPLUG: For the septic tank. ' I CHAIR/~A/~ MERRILL: Septic tank, okay. MS. HASSENPLUG: To enlarge it. MR. HASSENPLUG: Right. A/~d it's been the policy, I guess, from years, ago, the way this area was or whatever, it just kind of -- you know,~they just don't issue permits in this area. t Now, years later, everybody's I think having their buttons pushed from the federal government. I look at it as if you guys could make it real simple for us, we'd appreciate it. We get our certificate of occupancy, that's all the federal government wants from us, and Thank you. ~-verybody's back at peace again. CHAIRMAN MERRILL: I appreciate that. ~y questions, staff? Page 98 ! 16 - 1 January 8, 1999 i MS ARNOLD: The only question is did you all obtain a per,it for ! yourlparcel 1.15 for your mobile home? : , ~MR. HASSENPLUG: No, we could not. We could not. We did~the same thi as we did before. The mobile home was the first thing we tried to get permits for. We came in a couple of months behind the Henrys and the rest of them. And that's where we got our information is to call Immokalee, and they were not issuing permits. CHAIRMAN MERRILL: Anyone on the board have any questions? MR. LOCKI{ART: Is the Immokalee satellite branch still open? MS. ARNOLD: Yes, it is. CHAIRMAN MERRILL: Anyone else have any questions from the board? MS. HASSENPLUG: I would just like to say also that we waited four ,ears of hell for this. Amd to give us 120 days is kind of a joke~to me. It really is. And that's all I have to say. ~CHAIRMAN MERRILL: Thank you, ma'am. I understand that you're disappointed i~ the four years. This -- these eo le this board certainly didn t contribute to that. P P on We do have to put a time limit on it. And I will tell you that since -- in my year and almost two years as chairman, we've never given anyone that much time to come in compliance. Never. I me4an,i the longest we have ever done, I think, was 60 with an additional 30 after they'd asked for it, and that was a much larger situation. Okay, anything else? MS LEE: I just have a few MS. SA~DERS: May I just clarify one thing? Have any of the property owners who have trailers or mobile homes gotten a written permit that says Collier County on it? I thought I had seen 1 . MS. LEE: The one Rossi one that was originally on the single-family home was the first -- 1980, they were all ' May. ~Mr. Joe Brown was a frien~ ^~ ~ .... ~,~ - . issued one - · illis went up there and he says oh. give these guys ~ permit. He issued three of them for Henry, Humphre l~ ' n I~okalee Mr T ~ ~ ~;~ gu~£glng ~epar~ment inspector~ lone day. $40 apiece. ~ and Rossi in i~ At that time they were issued, the zoning was 1973 zon ~s wh~ I called Mr Pena, to show t~ ~ ........ ing, which · ~ ~ ~ays slngle-~amily residents, mobile home. Yet if you look at the actual zoning, which have here in front of me, it says that principal use is a single'family home and accessory use is structure other than a mobile home. But then you go to the '82 zoning, and it says permitted use is i just ag., and then accessory use is single family and mobile home in '~82 . ~ SO these were at that time not temporary use which is now the present zoning, was the number one point I wanted to make in regards to ~hat. ~ And when Mr. Kirby -- this is in your Exhibit F of Ms. Henry's presentation, when he had done this research and sent it to Ms. Matthews, he had stated there are 13 mobile homes 10 of which are permittable, three not. ' ~ And ~hen he says Section 2.2 17 21, Ordinance 91 102, allows for single-family dwellings which can include mobile homes, See attached definition of single-family dwelling. And the only three mobile homes that 't allowed is because they were on the same property· then I lost the page of the definition, but he defined this. Page 99 January , 9 . d f you want to see the definition, I will locate it. Two other points I do want to make once again, even if D.'v6 reiterated them. Statute of limitations for building without~a permit is a -- it's a misdemeanor to build without a permit. A statute of i!ii limitations, the maximum I could locate in any state law book is two years. ' ii And one other point is in regards to building safety, which was brought up so much before, you cannot integrally inspect insides of homes. And there is a statute -- a law on the Florida books, Chapter i933.21, it's on page five of my presentation, that protects owner occupied family residences from forced inspection. Although we have always agreed to either a waiver of liability or I a minimal inspection in regard to life, safety and public welfare, but there is no way that you're going to be able to get inside concrete and inside walls to ever do any kind of integral inspection. l~i CHAIRMAN MERRILL: I understand. ~! Before you leave, I want to make sure, Penski mobile home was tl situated during what year? ii MS. LEE: I think it was like '84, '85. ~I CHAIRMAN MERRILL: Okay. , ~ ~ ~MS. LEE: Oh, no, it was a few years -- it was like '82, 23, but ~ the ~lectricity was not run in til '85. ~i ~CHAI~4AN MERRILL: It was prior to 19917 ~ ~S. LEE: Oh, yeahl ~ ~ ~HAI~4AN MERRILL: And so was the Hassenplug and so was the MS. LEE: Oh, yes, yes. ~ CHAIRMAN MERRILL: Those are the only three cases that we have? ~ ~./:!~ MS. HE~Y: Henry. ~t MS. ARNOLD: Henrys. ~ CHAIRMAN MERRILL: And Henrys was also? ~ MS~ ARNOLD: Yeah, those are the ones -- ti CHAIRMAN MERRILL: Prior to 19917 ~i~ MS. LEE: Right. t,~ CHAIRMAN MERRILL: Any further questions of Ms. Lee? ~ MS. ARNOLD: And Shirley, as well. ~ MS. LEE: Shirley. Oh, yes. ~ CHAIRMAN MERRILL: Shirleys was part of 19917 MS. LEE: That was '84. CHAIRMAN MERRILL: Okay. Any other questions of Ms. Lee? Thank you. ~t ~. aff, do you have any rebuttal? , i~' MS. ARNOLD: No, just that we have no record of permits being ~issue~ for mobile homes on any of those lo~s that -- ~. ~H~.IRMA~_ MERRILL: Okay. And You're not arguing the validity of ~nne cgpies o~ the permits that were provided by the Rossis, you just ~'don't[have a record of them in your records? !~ ~S. ARNOLD: No, those permits we have a record of, but they're not f~ the parcels that we're talking about at this moment. They're for th"~ other parcels that we spoke about previously. CHAIRMAN MERRILL: Okay, I understand. this point, we'll close the evidentiary portion of the heari~ Page 100 ,l 68 1 January 8, 19,99 ~iAnd again, I want to go back and entertain a motion as to three %hings in the finding of fact: Number one, that the respective,owners of -T who are here, the respondents are here: are the owners of record of the subject property of the properties we ve just talked about; ~hat!the Code Enforcement Board has jurisdiction; that all t.he resp6ndents were here or ~hat they were here by their representative; and that all notices requlred by Collier County Ordinance Number 92-80 have]been properly issued. ~If I have a motion to that effect. IMR. LAVINSKI: I 11 make that motion. ~CHAIRMAN MERRILL: Moved. Second? MR. LOCKHART: Second. ,CHAIP34AN MERRILL: And seconded Any discussion? iHearing no discussion, all those in favor, indicate by saying a ':'e . '! All opposed say same ~(No response.) CHAIRMAN MERRILL: Motion carries. We're now to the portion whether or not a violation has occurred on the properties as previously described. -~-~ Do we have a motion as to whether a violation has occurred or MR. LOCK/iART: I so move. I make a motion that violations did occur on the various properties that were cited. CHAIRMAN MERRILL: Motion's been made. And is there a second? MR. LAVINSKI: I'll second it. CHAIR24A/~ MERRILL: Moved and seconded. We're now open for discussion. MR. LOCKHART: Only throughout that it's been consistent with what Wefve been through. cHAIRMAN MERRILL: I'm going to take the same position as I did. Again~ I don't feel that there's a violation here. And you've heard my argUments before. I'm not going to bore you with them again. Does anyone else have any comments? MSZ GODFREY-IRWIN: I go with you. MS~ SAUNDERS: Ditto. CHAIP3iA/~ MERRILL: Hearing no comments, then that is the motion. I now call for the vote. Again I would ask, as I anticipate it's going to be a split vote, for a roll call vote. The motion is that there is a violation as described in the description of violation. MS. CRUZ: Mr. Lockhart? MR. LOCKHART: Yes. MS. CRUZ: Ms. Taylor? MS. TAYLOR: Yes. MS. CRUZ: Ms. Saunders? MS. SAUNDERS: No. MS. CRUZ: Mr. Merrill? CHAI~4A/; MERRILL: No. MS. CRUZ: Irwin? MS. GODFREY-IRWIN: No. MS. CRUZ: Lavinski. MR. LAVINSKI: Yes. Page 101 January 8, MS. CRUZ: Oxley? ~ MR. OXLEY: No. CHAI~N I~ERRILL: And the tally then is four to tkree no. There's no violation. Thank you, ladies and gentlemen. (Applause.) ~: CF~IRF~2~ MERRILL: That concludes the public hearing portion of our agenda. You're welcome to stay for the brief remaining portion. I,~you do file out, I'd ask you to do so quietly. i~ Any new business? '~ MS. ARI;OLD: No new business. ~' CHAIRMAN MERRILL: No new business. Any old business? No old business. Any reports? MS. AP3~OLD: No reports. CHAIRMAN MERRILL: No reports. Any comments from any member of the board? Hearing no comments, ~e~t our nexg meeting date for February the 12th, 1999 at 8:30 in t~.room. And at this time, the meeting is adjourned. Thank you a~Appreciate it. MS. ARNOLD: Thank you for your time, everybody. ~' There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:30 p.m. COLLIER COUNTY CODE ENFORCEMENT BOARD SOUTH ~ RAND~ MERRILL, CHAI~2~ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page 102 AGENDA [ER ('OI'NTY PLANNING CO.M.MISSION WILL MEET .-\l' x:30 ..\.NI., TIIURSDAY. 15. I999 IN THE BOARD OF COUNTY ('OM,MISSION\RS MEETING ROOM. /ION BUILDING. COUNTY GOVERNMENT CENTER. 3301 'FAMIAM! FRAIl. NAPLES. FI.ORIDA: .x'~ INI)IVII)L'AI. SPEAKERS WII.L BE I. IMITED TO 5 MINI "FES ANY ITEM. INI)IVIDUAI,S SELI:C'FILi)TO SPEAK ON Ill:IIAI I' ()RfiANIZ.XII()N (IR (iRC)Up .,XRI~ EN('f)I'RA(JED ANI) ',lAY lie .XI.I.tHq't~D I0 MINUTES 'IO SPEAK ON AN IIEM II: SO RI:( '( )(iNIZED BY TIIE ('IlAIRMAN. I'ERSONS WISIIING TO IIAVE WRIFI'EN OR ~iRAPIIIC MA'FERIAI.S IN('l.Ul)lil) IN TIlE C(T(' AGENI)A PA('Kli'IS MI'ST SUBMIT SAIl) MA'FI!RIAI. A MINIMUM OE 3 WEEKS I'RI()R TO IllE RESPECTIVE PUBI.IC IIEARING. IN ANY CASE. WRFI'I'I!N MATIiRIAI.S IN'FENDED TO lie ('ONSIDIiRED BY TIlE ('('l'(' si IAl.l. ~1 'HMI'I~'Iil) TO 'FILE AI'I'R~ ~t'RIATE t'OUNTY ST,AFF A MININII M:VhN DAYS PRIOR 'FO TIlE t'UBl.lt' IIEARING. ALL MATERI:Xl. IN PRESENTATIONS BEFORE 'I'llE CCP(' WII. L BE('(~NIE A PERMANENt' PART OF THE RE(,ORD AND WILl. BE AVAILAIII.E I:OR PRIiSENTATION TO TIlE BOARD OF ('Ob%q'Y COMMISSR)NISRS Il: AI'PI.ICABLE. ANY PF. RS¢)N WIIO I)E('IDES 1'O Ai'PI'~AL A DIi('ISION OI: 'Il l I: ('('1'(' V~'II.L NIiI:I) A RECORD OF TilE PRO('FEDINGS PER'I..\ININ(i TllliRETO. :\ND TItEREFORE MAY NEED TO F-NSURE TII..VF A VfERB..\TIM RECORD OF TIlE PROCEEDINGS IS MAI)E. Wlll('II RECORD INCLI'DES TIlE TESTIMONY ..\NI) EVIDENCE i?I'ON \Vltl('ll ['lle APPFAL IS TI) BE BASED, BCC' RI:P()R'I :.~ ,N'S REPORT ISED Pl 'F~I.I(' I tE..XRINGS. l Pctm,m Nt~. PSP-,)~.I). \lark W Minor. ILl: of O (irady Minor & Assoc~ak., P.A., rcprcscnlmg (ilcn \den ,,n :he Bay 1..I'.. requesting Pre\re\nam Subd~v~smn Plat approval for Glen l:dcn on the Bay, I~ated the west s~de of Vandetbmlt Drive ~U.R. 9OI), approx~tely ~.; mile north ot Wiggins Pass Road (CR. xx~). mn SeCmm 8. l'o~shmp 48 South. Range 15 ~ East. cons~snng of 412 acres. (('.ordinator: Ron Nmo) 2c',:':,m No I'SP-'}S.22. Blair A Ioles. ILl:. t,l ('oastal lm~meerln~ ~on. located at thc x~csl clltt ~,l Madm,~n {)rive in Willoughby Range 25 East. consisting iq'5 ~t acres it'oord~nalor: Don Munay) i'c~:;,m No. I'SP.0S-23. Blair .\. Foley. PE.. of Coastal Entelneenng I ,,n,uhants. Inc. ',vhtltcrberg Development Corp-latlon. requesting Prehmma~' Subdivision I'lat .',ppmval 12~[ Wh~:~cnberg k~ta!es, located on the north side of l)a~,ls Boulevard Extension {S.R. ,%4~ ~cst of (',runty Barn 5ect~,m o.Tog, nshlp 50 South. Range 2fi East. cons, lstm~ of 3F,_.- acres. {Coordinator: Susan Mu[fa'. I'cntlon No. R.914. IO. Amln Fa[ah. representing Ra~da Ilamdan requesting a rc/,,nc lmm "('-4" to "{.'-5" for J gr,,c¢~' ,tore and bus stop fid' p[operty located at the comet of Boston Avenue and lq[st Street :urtt'.er described as I.ots I I and 12. Bh<k I. ('arson's Subd~,~'lslon tn Section J.. l'ov.'nshlp ,17 Sot, th. F, angc 29 Fast. Immokalee. Florida. consisting of 1'_ acres. {Coordinator: Susan Petit,on No Pl'I),Og-ll. George L. Vamado¢. Esq.. of Young. vanA.,enderp & Vamadoe. PA.. representing Cl.x'de C. Qumby. [ru,stce. requesting a rezone from "A" Agncuilure tn "PL.'D" Plamled t'mt l)c~ elopment to be known as Ibis Co~,e for a mixed use residential project including assisted hying housing an,: cnmlllund.x., facdmcs such as churches, schools, c~vlc and culmr, d £a¢lhllcs. for proper~y I¢~.'ated on the -outh side of lmmokalee Road. east of (}ulf Coast High School. In Section 2.7. I ,~.-nshlp 48 Soulh. Range [a,t. tt olher { 'ount3.'. Florida. conspiring of 06.5£ acres. {Coordinator: Ron P...:mon K,, { '! '-O~.q. Blair Fole.,. ,~I' Coastal Engmeenng {.'onsuhants. Inc.. representing 'lhornas Ila~'kms. rcq':e~tmg ~ ',,mhtnmal Use "5" ,,l the "~" [~tates tomng district for a I ~xmg Facility per Sub~ecl~on 2 2 ~ 5 ,~l the [.ami Development ('ode lot pr,,pcrly located at 21OI ('ount~ )LD I3I 'SINt£SS BU.$1NESS aUBLIC ('O.MMENT ITEM Ed Penco re-application of Spot Survey and Inspections. :}ISCL'SSION OF ADDENDA )URN 2 January 21. 1999 TRANSCRIPT OF THE MEETING OF THE '~ ' ~ ']~9 COLLIER COUNTY PLANNING COMMISSION Naples, Florida, January 21st, 1999 LET iT BE REMEMBERED, that the Collier County Planning io~ission in and for the County of Collier. having conducted bus'ness herein, met on this date at 8:30 a.m. in REGULAR SESSION Mu ding "F" of the Governmen~ Complex, East Naples, Florida, with ollowing members present: CHAIRMAN: NOT PRESENT: Michael J. Bruet Russell A. Budd Michael A. Davis Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Gary Wrage Edward J. Oates, Jr. ALSO PRESENT: Ron Nino, Current Planning Manager Marjorie M. Student, Assistant Counsy Attorne?' Page I COL'.~TY PLA,~G COMMISSION WILL MEET AT 8:30 A.M., THURSDAY. 21. 1999 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. 3N BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAuMIAMI TRAIL EAST NAPLES. FLORIDA: NaO_T~ INT)i~,TDUAL SPEAKERS WILL BE LEvfITKD TO 5 MINUTES ON ANY ITEM. ~E)IVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OK GROUP ARE ENCOURAGED AND MAY BE ALLOTTED I0 bIhNUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRJITEN OR GRAPHiC MATERIALS INCLUDED IN ~ CCPC AGENDA PACKETS ,MUST SUBNtrr SAID MATERIAL A MINLMUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ROLL AN~' PERSON WHO DECIDES TO APPEAL A DECISION OF TIlE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO E2q'SURE TILAT A VERBATLM RECORD OF THE PROCEEDINGS IS MADE, WIHCH RECORD' ~NCLUDES THE TEST~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. CALL BY CLERK TO THE AGENDA OF MINUTES: December 17, 1998 PLANNING COMMISSION ABSENCES: REPORT CHAmaMAaN'S REPORT ADVERTISED PUBLIC HEAdLI'NGS: Pen/~a No. BD-98-39, Miles L. Scofield, representing James Conway, requesting' a 13 foot extension to an existing dock~ creating a docking facility that would protrude 33 feet into the '.vatcrway for property located at 108 Anguilla Avenue, Lely barefoot Beach further de'~cnbed as Tract "C~' - Lely Barefoot Beach. Unit One. (Coordinator:. Rota Gochenaur) ?.-~:::on No. BD.98-43. ~en Nelson, Jr., of Nelson Marine Co, wac.non. :nc.. :~resen~ng Rudig~r Brangsb=rg, r=qu=s~g a ~4 foot boat dock =x~=mion to allow for a ~ root boat dock ~d boat lift for prope~ l~ated at 19~ San Marco D~e, ~er d~mbed ~ Lol 31, Sou~pon on ~e Bay Unit I, in Sect:on 6, To~ 48 Sou~, ~ge 25 E~L (Coor~aton Ross G~henaur) P=:mon No. PSP.98-20, ~=n Bishop of PMS, Inc., of Naples, r~r=imtmg P=bbl=brook= L~es Limited P:rm=nbip, r~ques~g Pr=l~ Sub~v~ion Plat approval for Pebbl,brooke Lakes Phu= 3. located on uh= ~ou~ sid~ of ~ohl== Road (C.~ 846), west of C.~ 951. in Secaon 27. To~mhip 48 Sou~. Range 25 [a~u :o~i=g of2~.84!acr=s. (Coor~aton Ron Nino) Petmon No. PSP-98-/I, St~h=n ~ M~, P.E., ofW~o~ M~l=r, Barton & Peek. ~c., r=presen~g Peek- Bender, Inc., r=qu=s~g ~=1~ Subregion Plat a~roval for ~dle~'ood ~e=, located on C~un =d Cor~=ll Dhv= ~ Section 24, Tom~p 48 Sou~ ~g= 25 E~[ Collier Coun%'. ::n~u~g of Siacres. (Coord~ton Ron P:nnon No. P~-98-18, Dmght Nad=au ofM~y ~g~==~g & Desi[n, Inc., r~reienting Section ~.~ Co~onhoa LLC, mqu=i~g a moo= ~m "A~ Rml A~ml~= io "P~" Plied Unit D=v~lopm=nt to be ~o~ ~ Limgston ~m for a mm of 317 multi-f~ly dw=ll~g ~iu located on me pro~sed Liv~gston Road be~==a V~d~bflt Beach Road ~d ~ohl~= Road (C.~ 846) in Section 50. Tom~p 48 Sou~ ~g~ 26 E~ Co~=r Co~, Hofi~ co~h~g of 46.73! acres. (Coordm~or: ~am Ba~tc~) P~tmon No. ~-98-22, ~lio ~. Ro~ P.E~ of RWA, ~c., ~rei~n~g Hideout Golf Club Ltd., requ~g Condi~o~ Use '1~ of~e 'A" ~g ~ct ~ ~on 2.2.2.3. for a pdvate golf com~ ~d c lubho~e facili~ for prope~ I~ated on Bmfl~ B~lev~ ~t of ~e Golden Gate Canal, in Sechons 24 and ~, To~p 49 Sou~ ~ge 26 ~ ~l~er ~, ~onda. co~is~g of 180~ acres. ,Coordmtor: S~ M~y) P,nnon No. ~-98-23, A. Gle~ S~pson r~ques~g Condi~onal Use "'," of ~e "A" Rural Agricultural zoning ~mct for e~ining per Sechon 2~.2.3. for ~op~ l~ated at 7000 Big Island ~ng~ Road. m S~ction 25, Tom~p 47 Sou~ ~ge 27 ~ ~llier ~, Honda. co~atmg or I05.32~ OLD BUSINESS NE;',' B' 'SIN'ESS PUBLIC COMMENT ITEM DISC,_ _.~IO. OF .M3DENDA ADJOURN CCPC AG~I~'', [ 2.~..'rr, d 2 CF~iKNJC: ~RUET: Good morning, i'd like to call ~o 6rder the ~r':' ~isz 1999 meeting cf the Col~er Count~' Planning Commissicn ~, ~rder. ~J~i we'll start with roll call. Commissioner Priddy? COMMiSS'ONEF PRIDDY: Here. CF~iRMA2; BRUET: Commissioner Urbanik? CC~AMIS £ i SNER URB~IK: Here. CF. AI~V~2~ BRUET: Commissioner Davis? COMMiSS lONER DAVIS: Here. CF~I~.t~/~ BRUET: Commissioner Budd? COmmISSiONER BUDD: ~ere. CHAIRMA~N BRUET: Commissioner Bruet, present. Commissioner Pedone? COMMIS£'ONER PEDONE: Here. CHAIRMA/~ BRUET: Commissioner Oates is excused. Commissioner Wrage? COMMISSIONER WP~GE: Here. CHAIPMA/~ BRL~T: Commissioner Tragesser? CO~ISSiONER TRAGESSER: Present. CHAIP3~A/; BRUET: There. Okay. COMMISSIONER PRIDDY: Right on time. CHAI~3C~ BRUET: Accounted for. Any agenda -- any addenda to the agenda? MR. NINC: No, Mr. Chairman. CF~I.~ BRUET: Approval of minutes? COMMISSIONER PRIDDY: So moved. COMMiSSiONER BUDD: Second. CHAIRMA/; BRUET: Motion made by Commissioner Pridg'£, seconded by ,. [ssioner Budd. All in favor? Opposed? . (No response.) CHAIRMA~ BRUET: Motion carries. Planning Commission absences. Hearing none, BCC report. MR. NINC: There is no report. CHAIRMA.N BRUET: Chairman's report. There is no report. Advertised public hearings. We'll move right into BD-98-39. MR. NINC: Mr. Chairman? CHAIRMA/~ BRUET: Yes. MR. NINO: Might I remind that there are agendas and sign-in Sli .S in the hallway, you might want to announce that. ] Cb~iP~MACi BRUET: Yes. All those wishing to speak %o the various issues, wcuid you please make out the little slip that's out in the hallway and submit it to Ron Nino, so tha~ we can kind of track and understand who's going to speak to the various issues that are brought before us? Thank you. Page 2 This be:ng a public hearing, all those wishing so speak to this ~ticu!ar issue, please stand, raise your right hand and repeat er the court reporter. (Speakers were duly sworn.) CHAI~U2; BRUET: Thank you. Ross? MR. GOCHENA:IR: Good morning, commissioners. For the record, Gochenaur, planning sea;ices. BD-98-59. the petitioner is requesting a 13-foot extension from maximum ~ermitted 20 feet to create a dock and lift which would ~rude a ts:al cf 33 feet into the ll5-fco: waterwa¥~ The property .ocated in Lely Barefoot Beach within a recreational tract, which .ains a nurser of privately owned docks. The bottzm of Lhe proposed site is very shallow, and dredging is permitted. The lifL couldn't function without the extension. We have a lette~ approving this project from the property owners iation, and we've received no objections. However, the project would result in only about 43 percent of the canal width maintained due to a dock extension approved for lot 94, .~ across the waterway. Since the criterion to maintain 50 percent of the canal width ~tes to safe navigation of the waterway, staff is technically to recommend denial of the petition, despite the fact that site's on a deadend canal, where boat traffic would be light, we ~efore recommend denial. Questions? CHAiPJ43d; BRUET: Any questions of staff? We'll go directly tc petitioner. MR. SCOFIELD: Good morning. My name's Miles Scclie!d, resenting James Conway, the petitioner. This is located up in Lely Barefoot Beach. And i'll go to the ~al over here and show you exactly where it is. This is -- ~his is Bonita Beach Road here. This is the entrance the Leis' Barefoot Beach subdivision. I'm sure everybody's quite iar with that. There's the ~uardhouse. This is -- this is the Beach Bcu!evard right here. The petitioner's dock is located here. When you come in, there's some common dccks. They're private ts, but there's a lot of finger docks up in this area. Then in area right here, all the way back in, this is the deadend canal. is all the Little Hickory Bay systems all through here. This is Southport subdivision here, which is more developed now. But this 11 the way in, comes in. The petitioner's dock is right here. There was a lot of docks t by the Lely -- when the PUD, when it was first built, the Lely ,le built -- there was 15, i believe -- there was eight or nine ts that were built, and then they were later sold off privately. ~hese docks are all along the main road here. It comes in. Page 3 Januar'f 21, 1999 Here's %he clubhouse over here, and the docks extend on down her . This -- in the Southport subdivision i've done, i know, four ~r ~i-;e of these already, the boat docks extensions. This is a ';ery sh~lcw waterway here. And the people on both sides,~they all have ha~tc get extensions to get out in order to get a boat right in fret of their dock. ~ The petitioner -- as is, these docks stick out approximately 14 fee~ from the shoreline. Right now there's about a foot of water in fro~t of t,hls .,nan's dock. And we have ~o extend the dock out about, i bela_ye it's about six feet, in order ~o get a boat ~ust in front Df ~he dock and then put a boat lift in. So if there weren't a boat lift, we'd have tc extend the even io]~ out just to even moor the boat there, the ride up and do~ it b~een low and high tide. With the lift going in, you know, we're Du~probably three or four more feet. .~ As Ross said, there's 43 percent of the waterway left open, '.{hiCh relates to about 49 feet. All of the boats up in this area are 3ha~!cw dra:- boa~s '''s ver'; shallow, and the only really navigable waterway is the center part cf the channel. 3o it's close ~c ~0 percent 'hat's left open. ~ i went cut yesterda'/ and made a count up in here. /here are 14 - from that pclnt back towards the deadend, there are 14 existing locks, with only one more vacant lot on the Southport side. So the ~os~ docks that could ever be in here is 15. i counted yesterday, 5he 's seven boats up in this area. The boat traffic is very It's not a thoroughfare. And there's rarely any boat tr~ fic in this area. We believe there's plenty of waterway left open between the for the size boats that are in this area. And that's what · we here requesting. If you have any questions, i'd be glad to answer them. CF~I~AN BRUET: I've just got one, Rocky. I don't have a lot ~_ 9robiems with the concept here, and concerning whatever other exs~sions and~ variances have been granted. But I do notice at 25 to 29 ~eet out from the shoreline it's five to eight and a half feet. Wha~ does -- what's the very -- and you mentioned that these boats ~elative!v small. we_~ MR. SCOFi~LD: Right. CHAIP34A/~ BRUET: Is there any compromise on the five feet to e~ght and a half feet? That sounds like a pretty good depth, unless -'m misreading this somewhere. MR. SCOFiELD: Okay, at the front of the dock where we've got %'ne )roposed six-foot addition, we have two and a half feet. CS~IRMgC; BKUET: Yes. MR. SCOF!ELD: Of low water. is our controlling depths. That's -- usually the front of the Where the -- you know, a lot of Page 4 uke :~nal up in this area, they fall -- it falls off prett',' towards the middle. ' But in rrder -- you know. that is -- that is the minimal nce -c 7o out, two and a half feet, to float a bcaz at low · ~ud even at -- you know, when we have full moon, new moon we're ncz even going to be able to get the body ~n the lift at time, usually. Or get the boat off of the lift. ' should say. CP~iPj,~; BRUET: MR. SCOFiELD: CHAIP. MA/i BRUET: MR. SCOFiELD: Ci~I~Z-AN BRUET: I understand. So -- Thank you. -- that's what we need. Any further questions? is %here ~nyone in the public that wishes to speak to the issue? il Lot, i'll close the public hearing. Pleasure of the board? COMMISSIONER DAVIS: Mr. Chairman, I'll make a motion that we ap ~cve BD-98-29. COMMISSIONER PEDONE: Second. CF. AIRMAN BRUET: There's a motion by Commissioner Davis, se by Commissioner Pedone. All in favor? Opposed? (No response.) CF~IP, MAt; BRUET: Motion carries. :~ MR. SCOFiELD: Thank you. And we'll wait the 14 days. ~ CHAIP3tAN BRUET: Yes. The applicant should be aware that this boat dock petition may be ~pealed by an affected property owner within 14 days of this lng and, ~herefore, the applicant proceeds with construction at ;r her own risk during this period. Now, in %he one staff report we mentioned that. is [t necessary !read this again, or is the staf~ report su~:: ~ ~- ..... c.e..~ That was a !itl [e different approach. MR. Ni:~O: If it was mentioned in the s~a~. report. ,r fail ~o ~hy i%'s necessary to publicly declare it. CHAi~MAt; BRUET: i would think so. MR. NINO: Because you're adopting the staff report -- BRUET: Yes. NINO: -- as a result of your action. CHAIRMAN BRUET: Thank you. COMMISSIONER PRIDDY: You still have to wait 14 days. BRUET: Petition BD-98-43. This being a public all those wishing to speak to this issue, please stand, --9.,- hand and repea5 after the court reporter. your ~ ~' Speakers were duly sworn.~ BRUET: Thank you. Ross? hi he rai: Page :4R. GCCHENAUR: BD-98-43. The petitioner is requesting a 24- ~ )t extension to create a docking facility which would protrude a :~ai of 44 feet into the waterway. The property is again located in Lt{v Barefoot Beach and contains about 300 feet of water frontage. The waterway is about 700 feet wide at the proposed site The e .ension is needed, due to the shallow bottom of the waterway, which :~ ~nct be dredged, and across the 20-foot conservation easement, :i ~ica! of these lots, consisting largely of mangroves. The project meets all criteria we've received no objections, a staff recommends approval of this project. CHAI~4AN BRUET: Any questions of staff? If not, we'll go to ~] ~ petitioner. Does the petitioner care to address the board? Anyone in the public care to address the public on this issue? ?] erefore, ' close the public hearing. Pleasure of the board? COMMISSIONER WP&GE: Mr. Chairman, I'll make a motion we approve ~ition BD-98-43. COMMISSIONER Bb~D: Second. COMMISSIONER URBANIK: Second. CHAIRM;=~ BRUET: There is a motion by Commissioner Wrage, s~=onded by Commissioner Budd. All in ~ ' , a ~or. Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Petition number PSP-98-20 And I will recuse myself in that h ~e a small investment in this project. I'll need to turn this over ~¢ Commissioner Sudd. COMMISSIONER BUDD: Okay, with that, anyone that wishes to a~ ~ress this body, please stand and raise your right hand, be sworn (Speakers were duly sworn.) COMMISSIONER BUDD: Mr. MR. NIl;O: Yes, Ron Nine, for the record. PSP-98-20 is your standard application for a preliminary su ~di';ision master plan approval. I'm not sure that 'four agenda uaCkage was complete, and I apologize for that. I handed out the ~e~o!ution to you, which the title is noted as -- you'll see Pe~blebrooke Lakes in that title. I would ask you to pull that resolution out, because within that resolution package, there's the ~ copy of the subdivision master plan showing the 52 lots about · which this subdivision is all about. .~ And as 'you can see from the map on the monitor, that this is si~pl~'~' an extension of the subdividing activity within the Richfield pU~, which is now referred to as the Pebblebrooke's development. It eX~ends the streets. The lots that are proposed are consistent with ~h~ development standards within the Richland (sic) PUD. The solution Df adoption carries forward all of the applicable p~c'.'isicnz ~f the PUD during the platting process and the development p~ccess. - The re ~"~ .... /~.~. ~c .... on ~ontalns c~rtaln stlpulatlons that I believe the p~cl~Ioner nas agreed to, or will tell you shortl,; ~ they don't ~e~,~=~h~m. ~d they do with the -- they have to do with ~ r ...... n= us =,,at the vegetation requirements o~ the Land D~velcpment Code will be respected during the develo ment rocess a ~ . P p nd ~at adequate protection will be made to rotect . _ ~ -. . P that vegetation . · .... s.~uc..o,, p.ocess. Le' me sa'.' that this PSP will next month in fact be repealed 3ecause -~-~ is ~ ' a ....... r PSR ccminc In showing these lots plus another 81. $~ nex~ month you'll see a petition for 118 lots, which includes 5~ese 52 lots. IThat has to do with something that I think is not important to u, but it was an administrative issue. And rather than require the titioner to separate the lots and 10se all of that time and vestment in 118 lots, we suggested to her that we 'would accomplish in this manner. We recommend approval. Miss Bishop is here representing the applicant. MS. BISHOP: For the record, Karen Bishop, representing ?.,Db!ebrcoke Lakes. I have nothing to add real except the z~pulat!ons. They're pretty normal. t Hearing none, we close the public hearing. What's the pleasure? COMMiSSiONER PEDONE: I'll make a motion that we approve :ition PSP-98-20 -- COMMiSSiONER D~BANIK: Second, ......... =lONER REDONE: -- subjec~ to the conditions contained in "he rescluticn of the document. COMMISSiCNER URBAn{iH: Second. COMMISSIONER WRAGE: Second. COMMISSIONER BUDD: Motion and second. All those in favor sizlnify by saying aye. Those opposed? (No response.) CO~MISSiONER BUDD: Mo~ion carries. Mr. Bruet, you're back. CHAiP34A2: BRUET: Thank you. Petition PSP-98-21. This being a public hearing, all those '...~s.~ing to %Deak to this issue, please stand, raise ':'our right hand repeat after the court reporter. (Speakers were duly Sworn.) CF~iR.U~d: BRUET: Ron? Page 7 ~. '~11 I III IIII .... II II ........ Januar%' 2', 1999 :.:R. J~..~ Again, for the record, Rot Nino. This -~iminary subdivision master plan is located in the Palm ?~ver area ~nd ',ou'!l note that it lies midway between two exist!nc -~ve!opments. The street, that's Corbell Drive, is already in place, )ining the north part and the south part, making it an integral part -f~this development. IThis deve!cDment, as yoU can see from the master plan, again was n¢!uded in the ~esolution, which I handed out later today on the U~d!ewood Three, is simply a cul-de-sac like its counterpart to the ~Yth and to the south. It's a short cul-de-sac to be titled ~rDenter Court. It simply repeats the pattern that prevails throughout that area. There are a couple of stipulations, however, that were -.~commended by staff that after further consultation with the .aveloper we agreed as staff that those stipulations 'were · _~nwarranted. The first of which is our staff felt that sidewalks 3hould be placed on Carpenter Court, the cul-de-sac. ;~,d i guess it's because of our enthusiasm that sidewalks be ~Iaced wherever possible, even though there may not be a sidewalk · ..:{thin a mile or two miles of the subject property, in this area, as '.'~u know, there aren't any sidewalks. There aren't sidewalks in the ~dl-de-sac to the north or to the south, there aren't sidewalks on TOrbeil Street, and the developer thought that that 'was not only an .npositicn, but it was simply inconsistent with the development ~haracter of the area, and they asked us if we would agree to i~leting the sidewalk requirement. Mr. Cook, who is the -- Tom Cook, who is the manager of the ~ anning engineering services section, really makes those calls more t n we do. And after consulta~ion with Tom Cook, he agreed that he d n't think it was appropriate that we ask for sidewalks, so -~erefore, we're now recommending that stipulation number two be ~!~leted. ~ Stipulation number three, if you look at your resolution of ~reement, has a provision in it for the manner in which Candlewocd .s drained into a drainage system that seizes the area. Our staff apparently were of the opinion that t.~at was a private ~rainage system and, therefore, required an agreement ,with the a~ut~ing development called Quail Crossing. Apparently that is not a private easement, a drainage easement, b t in fact is a county drainage easement. And that being the case, 5here isn't any need for an agreement between the homeowners' association. /he petitioners' agents and the owner, Tom Peek. took that issue '~ 'with acain -om Cook ~h___ "hat - where this sti:~utation ccme:~ lroo. ..... : .... m_s from a member of his staff. A~,d he ad';ised me · esterday, later in the day, that again that stipula%ion -- in view Page 8 Januar"' ~ ~%9, of tha~ information, that stizulation :lumber three would not be required and, lherefsre, staff recommends that it be deleted. So 'se recommend approval of this PSP with those two deletions. everv~hinc ..... ~ remaininu the same. ~ believe ~,~e pet itioner is sari -~ 'th . o .... wl that C.~LAiRMJC: BRUET: An',' further questions of staff? COMMiSSiONER DAVIS: i dc. Mr. £kairman. CN~iPdv~-N BRUET: Yes. COMMISSIONER DAVIS: Mr. Nino, on the sidewalk issue, the Land De';e!opment Code says ?'ou'!! put side'.,;alks in; is that correct? MR NINO: Yes, ~ ~ cor~ec~ . COMMISSIONER DAVIS: So somewhere here in their application, they're saying they're not going to. And by approving the PSP, we say okay. MR. NiNO: The?'re asking that that requirement of the Land Development Code be set aside. Now, '~_..~ Land D~v~]oDment- -- . Code does .provide for settinc~ aside required improvements upon showing that they're not necessary or best managemen~ -- or bes~ management and best engineering practices, if employed, avoid the need for that particular improvement. COMMISSIONER DAVIS: My concern 'was is that it doesn't need to be shown in the stipulations that they don't have to do that? MR. NiNO: No. COMMISSIONER DAVIS: Okay. CF_AIRMAN BRUET: Any other questions? MR. NINO: No, i stand n ~ ~ed. _or~_c~ Commissioner Da'sis is correct. We need a stipulation in here that says there -- the?' don't need to adhere to that provision of the code. Thank you ';ery much for reminding me of that. You're right. CHAI~3d; BRUET: Any further questions? If not, does the ~=.o .... care to address the board? MR. ME~S: Good morning. For the record, my name is Steve Means. I'm an engineer with Wilson-Miller, representing the petitioner.,'r m he__~= to answer any questions and to say to you that we accept the petition as written with the two stipulations deleted and the one stipulation added that no sidewalks will be required. C~IP~ BRUET: Any questions of the petitioner? Does anyone in the public care to address the issue? if not, I'1t close the public hearing. Pleasure of the board? COMMISSIONER B~D: Mr. Chairman, ~'d like to make a motion that we approve PSP-98-20 with a deletion of stipulations nu~er two and three, any additional stipulation that the petitioner does not need to comply with the Land Development Code relative to sidewalk requirements. COMMISSIONER DAVIS: Second. Page 9 CS~IR~UkN BRUET: There is a motion by Commissioner Budd, seconded by Commissioner Davis. Ail in favor? Opposed? (No response.) CF~IRMAN BRUET: Motion carries. Petition PUD-9@-iS. 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.) CHAIRMA_N BRUET: Thank you. Chahram? MR. BADAMTCHIAN: Good morning. Chahram Badamtchian from planning se~ices staff. Mr. Chairman, I have some handouts that I would like to hand them out to you. MR. NINO: Mr. Chairman, let me -- there's an issue here that I need to talk to you about. This petition has not been to the EAB. The reason for that -- we thought it was going to the EAB. The reason for that is our environmental staff person felt that the environmental impact statement was deficient in its preparation. CHAIRMuAN BRUET: Was deficient? MR. NINO: Was deficient in its preparation, and asked for a large amount of information, supplementary information, that wasn't forthcoming in a timely manner and, therefore, she neglected -- or that person neglected to set a public hearing in January. In the meantime, we had already set this hearing for your consideration. And we had made strong commitment to the petitioner that we would go forward with the petition, it wasn't really the agent's fault and -- in part. However, it's always been our position that if we can at least bring to you the recommendations of the staff that would have gone -- that would go to the EA~, we feel that under the circumstances that that might suffice, and in any event, your action can account for the fact that if the EAB makes additional recommendations, that they will be included in the staff report to the County Board of Commissioners. So I wanted to introduce to you that little problem that we had in dealing with the E~LB issue. MS. ASHTON: Mr. Chairman, for the record, Heidi Ashton, assistant county attorney. My recommendation to you is to continue uhis item and to have it heard by the EA~B. The Land Development Code does require the recommendation from the EA-B. Do you know when the next meeting is? MR. NINO: The E~LB will be meeting -- the EA/~ will be hearing chis on February the 4th, before it goes to the board. C.~LAI~3kN BRUET: Yeah, that's mentioned in the staff report. Page i0 Januar'~ 2!~ i~9i~ COMMI£SiONER DAVIS: Mr. ChairmaN, ~'cu know, _ appreciate the problem that petitioners' representatiues have, but i think this ~oard -- we ~us~ recently went on record and made it clear that until ~hese ~e~itlcns are heard by ~he EAB, we don't want ~o see them. Ciz~iR~3C.I ~RUET: i reme~er the discussion well. i feel badly in tha~ the staff is not able --- the environmental staff is not able ~o keep up with the planning and engineering staff. Maybe there's some discussion there. ~d the petitioner winds up feeling the brunt of that. I feel bad about that. ! ha~e to sav it, on the petitioner's behalf, k:ut i agree with you, Commissioner Davis. Does the petitioner care to address the board? MR. ~DERSON: Good morning, commissioners. For the record, my name is Bruce ~nderson, on behalf of the petitioner. i'd like for Mr. Nadeau to address the factual circumstances that caused this delay, and we would ask you to please hear this ma~ter. ! understand that ~his policy decision you all made recently about not -- ti,~ically no~ hearing items until after they've been to the EA~B. Amd we would ask you to waive that, as sometimes the board does on other matters that are not fixed by ordinance. MR. NA~DEAU: Commissioners, good morning. For the record, my name is Dwight Nadeau, McAnly Engineering and Design, representing the petitioner. We understand the formal policy that you recently adopted; however, when i submitted this application on Novem~,er 3rd of 1998, staff had a 45-day review period to respond to Chahram, the project planner, for a petition. Five weeks later into ~he petition, i made a call to environmental staff to find whether or not I had my January EAB meeting, and I was told that given the staffing levels and the three weeks tha~ they had been rec.-lowing applications for ne~{ staff to review petitions, that they dldn'~ have time to review my petition. So five weeks into the process, my petition had not even been opened up. And yes, there was a shopping list that environmental st~=~ provided to us to respond to. We responded to ~hose issues, and we are scheduled for the February 3rd EAB meeting. So under these situations -- under this situation, i respectfully request that we have the opportunity to be heard. CHAIRMAN BRUET: I once again -- with staff, being a bit remiss in being timely, I'm willing to reconsider this. A~ny further discussion? COMMISSIONER DAVIS: Mr. Chairman, I'd point out that if the EAB hears it on February 3rd and we hear it on Februar}' 4th, they still make their February 23rd BCC schedule. So i make a motion to continue this to our first item. CHAiRMA_N BRUET: Is that a problem? MR. N~LDEAU: That's acceptable to us. Page 11 January 21, 1999 160 COIdMiSSiONER DAVIS: I'!i make a motion -- ~. CHAIRMAN BRUET: Thank you, Commissioner. COMMISSIONER DAVIS: -- to continue this item until our first agenda item on our meeting of February 4th. COMMISSIONER BLrDD: Second. CHAiPaMA~[ BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Budd. Ail in favor? Opposed? (No response.) CN~IRMAN BRUET: Motion carries. MR. NADEAU: Thank you, commissioners. CHAIRMAN BRUET: Thank you, Commissioner Davis, for that bit of quick research. MR. ANDERSON: Will they get new ones? Will they get new staff reports? MR. NINO: Yes, they will. CHAiPdVLAN BRUET: Yes. COMMISSIONER DAVIS: Mr. Nino, you did hear me say the first agenda item? MR. NINO: Yes. MR. ANDERSON: Thank you. CHAIRM~ BRUET: Thank you. Does the staff have any suggestions? This has happened a couple of times lately, and I know it's very busy. Does the environmental group need to come and address the board? It puts us in a spot. We have a petitioner here that's anxious to move forward gith his project, and this is a serious problem to us. It puts us in a very bad position. Can we have him here, whoever is in charge of that group, and discuss with him? And maybe we can assist him with suaff. There might be something we can do. MR. NINO: Well, let me ~alk to Bob about it. We'll see. It's really not an issue of -- it's not the EAB. it's really the interface between staff and the petitioner and the agent. If we don't have the information in a timely manner, which means two weeks before the EAB hearing, we need to have a full package with complete information, sufficient enough for staff to have generated an intelligent report. CHAIPdVuXN BRUET: Yes. MR. NINO: And if we don't have that information, the staff cannot develop the report that needs to go to the EAB. And that's where the breakdown is. It's not a problem with the EAB. COMMISSIONER PRIDDY: It's my understanding that all these people ultimately report to the same person in that building? MR. NINO: Pardon? Page 12 January ~1 '99~ COMM!SSiCNER PRiDDY: All of these people inuci';ed report to the same head of development ser';ices? MR. NiNO: Yes. COMMiSSiONEN PR!DDY: Then it should be scmethinc ~ha~'s able zc be taken care of. MR. NINO: And we were cognizant cf 'four reccmmen -- 'four decision, but of course we had alread}' scheduled this particular public hearing. And we can assure you that we 'will no5 schedule an application unless it has been heard by' the EAB. But this one had already been set. CHAIP34AN BRUET: Okay. COMMISSIONER PRIDDY: Mr. Chairman, i might suggest maybe that · /ou as chairman cive Vince a call and also ~¥D~s~ -- CHAIRMAN BRUET: i will. it just puts us in an awkward position, that's all. i mean, if the staff feels that way, then it should stay at the staff level and not come here. Because you ask us in public to decide something that the petitioner has a lot of time and effort in, and we can't move forward. And that's uer¥ unfair, in my estimation. So i'll speak with Vince and maybe 'we can get Vince to come and spend five minutes with us and discuss the issue as tc how it ma'.' be rectified. Thank you. COMMISSIONER PRIDDY: i suspect he might have it fixed by then. CHAi~4AN BRUET: Petition number CU-98-22. This being a puklic hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Speakers were duly sworn.) CHAIRMAN BRUET: Thank you. Susan? MS. MURRAY: Susan Murray, for the record. The petitioner wishes to establish a private golf course and country club. Therefore, this petition is requesting conditional use apprcuai tn an agriculture zoning district to establish such a use. The site is located east of Count?' Road 951. it abuts the eastern side of the main branch of the Golden Gate Canal at the western terminus of Brantley Boulevard. The site is i. 80 acres in area. The proposed site plan indicates a golf ccurse type of development scenario, including a golf maintenance facility, which is shown in pink right here; a 5,000 square foot c!ubhcuse, also in pink, right there; a golf course driving range and an iS-hole golf course. The petitioner is also requesting accessor'f t':~e of uses commonly associated with a golf course, namely pro shop and a small restaurant. And these would be for exclusive use of the members and their guests only and would not be open to the public. Access to the site is planned by a main driveway' entrance located == c~~ of Brantl~v Boulevard Brantlev Boulevard is a privately Page 13 maintained dirt road, which not only provides access tc the subject site but also provides access to approximately eight homes before the subject site, and then property which is located between the subject site and the Golden Gate canal, which is not part of this petition. Staff reviewed the requested conditional use, with the required criteria as found in the Land Development Code, and found that it is consistent with the Land Deveicpment Code and the Growth Management Plan: that ingress and egress to the property provided that certain conditions were adhered to as described in the resolution of adoption -- and i will touch cn those shortly -- that the ingress and egress will provide and facilitate automotive and pedestrian safety and convenience and traffic flow; that given the nature of the petition of the land use, mainly in the form of open space and golf course, would have minimal effects on neighboring properties with relationship to noise, glare and odorous effects; and that given the agriculture nature of the surrounding properties to the north, south and east, that it would be considered compatible with those t~e o[ existing land uses. Staff is recommending that the Planning Commission forward a recommendation of approval cf Petition CU-98-22, with the stipulations as found in }'our staff report. Howe';er, i would like to -- in the interim between this meeting and the writing of the staff report, we did tweak a little bit of those conditions, and rather than go through all 12, i'd just like to touch on the ones that we have amended. And I believe the petitioner has also agreed to these, so we are -- staff and the petitioner is in agreement with the stipulations. The first one i want to discuss is number five, and that would need to be amended as follows: A roadway surface condition survey of the last southerly mile of 2ltd Street Southwest shall be submitted tc the Ccilier County Transportation Ser';ices Department for review and apprcva! prior to final site plan or construction plan approval. Following construction of the golf course, the clubhouse and the maintenance facility, the developer shall submit another survey. If and to the extent that the survey discloses a degradation to the last mile of 23rd Street Southwest, attributable to the construction of the golf course, the c!ubhcuse and the maintenance facility, the developer will restore that portion of the street to its preconstruction condition. Prior to the issuance of building permits for the project, the petitioner shall provide reasonable financial assurances in any of the forms authorized for subdi-zision improvement guarantees that funding will be available to make the restoration if shown as necessary by the survey. With that, we would like to delete condition number seven, prior tc the issuance of building permits for the project, the petitioner Page 14 Januar':' 21, ~999 shall post a $i~,000 bond for future road maintenance for 23rd Stree~ Southwest. 7ha~ ',.;ou!d need to be deleted, Also, a ciarifica~ion ~o nu~er eight, ihat should read, the petitioner shall pave and maintain Brant!e?' ~ouievard from 23rd Stree~ Sou~hwes~ to the clubhouse entrance to count':' standards with a minimum pavement width of 22 feet, And ~as~l'.', ~'~"~ ~: ...... ~ i0 ir. ':'cur ~} de!e~ed. With that, ''!i be happy to answer any questions. Ci~AiE~.~ ERUET: Before we enter into discussion, . need to make note that i'ue had a conversation with the petitioner's representative with respect to the project, COMMISSIONER Bb~D: Mr r~ .... airman, ~ also had the same cc~versat io~. ~-=~ r had a ccn'zersaticn, i don't know if COMMISSIONER DAVIS: ~ ~ ' the _~ was same one. COMMiSSiONER BUDD: No5 the same one, same ~erscn. COMMISSIONER DAVIS: - did meet with r~ ~oD~sentat i';e ~es C?~iRM~$ BRUET: Are there any questions cf staff? if none, does 5he petitioner care uo address 5he board? MR. PICKWORTH: Good morning. My name is Don Pickworth. represenUing Hideout Golf Club. Let me tell you a little bit about Hideout and what we're about, because we're kind of excited about it. It's a little different than what's been done around here in recent years. The genesis of Hideout is some folks in this ccmmunitT' who are golfing enthusiasts, Terry Archer, Larry and Mce Ken~% and Larry Bird, who wanted to suart a gulf club that would be a cc!lets club, and predominantly ~or local residents. The?', as i'm sure some cf you. mav. be uol~~ ___~, a _o~ of us have had ~he experience of when you sign up in some of these residential golf courses where me~ership is limited to residency, you have the opportunity to belong for a few years and then as the residents fill it up, ouu go the non-resident me~ers. ~.d the strictly pri'zaue clubs in town tend to be pricing at levels which certainly are be'fond the reach of most of the Naples business people and local residents, some o~ ~hese Ln the $150,000 plus range. That certainly fills a market niche for many people, but for a lot o~ folks in this community, it's nou realisuic, The concept of Hideout was a limited me~ership club, similar, I guess, to Old Florida in =ha5 the nu~er of me.ers is limited. There's no residences associated with it, A limited clubhouse facility, it is a golf club and it's a club for golfers, and with an i=[ittation ~ee 5hat would put it within the reach of golf enthusiasts here in our community. Page 15 January 2l, ~99,9 We announced -- we acquired the land, and we'll tell you a little more about that in a minute, we had an initial founding member function in earl}' ~ovem~er and started sign-ups. And of 275 authorlzed' members -- and by, the way ..... your aDD!~-~a~ion ~ sa.rs 250. At ~h_ tlme we put it in, it said 350, but :" is 275. That ~s the correct nurber. Let me correct that. We have 12~ members already in two months, which is kind of unheard of. And it's very obvious that we have hit a need, if you 'will, in the ~;aples golfing scene. Obviously, you all know we also need municipal golf course facilities, but we also need a club of this t¥~e, an~ it's shown by the response that we've gotten. Emilio 'will tell you in a minute about the -- you know, more about the course itself. As i said, it's a limited size clubhouse. in the course cf design, it has gotten a little bigger than the 5,000 feet in there, it's 6,700 feet. As Susan told you, it's limited restaurant = ~-~ ' _a ...... es. Essentially it s0 you know, pla'/ golf, have a sandwich 5',~e.. cf thin~. ,~-''s not -- the concept is not to i~ave the more traditional Country Club. We're not going to se~¢e dinners, we're no5 going ~o hold social events in ~he evening out there. We hired Harreli and Associates to design the clubhouse. We have Kelly Blake Moran, who is the architect who actually did most of the work under Vaughn Hagee (phonetic) for the Pelica~ Marsh course, if any of you have played that, and it's a great course. And that's who our golf course designer is. So we're pretty excited about the project, and it's obvious from the reception we've had that the community is also. We've heard no objections from neighboring proserty owners, i do notice someone signed up to speak. I don't know what the concern is, because certainly, you know, the neighbors that certainly i've been involved in talking to in ~his have been ';ery enthusiastic. We're going to pave Brant!ey Boulevard a~ our expense, 'we're going to ~aintain it at our expense, and the people who live along it are going to have the benefit of it. So most people have seen this as a benefit. I'l~ let Emilio tell you ali . ~e more abou~ it, and then if there's any questions or comments or concerns, we'll certainly be happy to answer them. ~nd Moe Kent is back here, he's one of the principals in the course, to certainly answer any questions. So C5~iRM_A2~ BRUET: Thank you. MR. ROBAU: Good morning. For 5he record, my name is Emilio Robau. i'm with ~he engineering firm of RWA. And I just wanted to familiarize 'yourself ali~ bit more 'with the project And the access, as shown on the map up there -- and I've also handed out some eight and a half by ll's for the public's benefits. There's essentially those two exhibits there, so that Commission could have that an hand. But the access is on White Boulevard and Page 16 Januar'! 23rd S5~=~ and over to Brantley and then back ..... =ow~=o the west to the site. Essentiai!v I'm just goin~ ko go over the site description real quickiv. We".'e been through 5he Environmental Advisory Board and were approved. ~nd essentlai!v the southern half cf 5he site -- i'm going to walk over here -- is forested. And ~he northern half of the site is forested for a portion of it. And a portion of it is an agricultural field that's currently citrus, it's active citrus grove. Been there since !986 or sc. So that's generally the character of the site. There's an existing water management portion on the north side of the site, water m~nagement plan that we're modifying as part of our efforts. As far as the -- our use, we believe, is less intensive than the current citrus grove land use out there. We're really -- if you were to put single-family homes in %his area, we have a more controlled use. We have -- we're controlling uhe amount of clearing on the property, whereas, if you had, you know, single family at five acres each, there would be somewhat uncontrolled clearing. Of course, they'd have a have clearing permits, et cetera. But we have a unified habitat management plan. We have controlled what can be done in the areas that we're preserving. We have upland preservation planned for the project. We have about 6.7 acres of wetlands. A~d those wetlands, we've only impacted a small portion of it, less than one acre on the south side, and those were state jurisdictional wetlands. Waste disposal, of course we're going 5o have the standard dumps~er so we feel that it's less intensive from the standpoin[ of waste disposal. You don't have multiple single-family units out there. We have one point of collection and so on and so forth. As far as water supply and sewer, we're going to take care of that on our own through groundwater withdrawals. We're just about finished with the permitting effort with South Florida Water Management District. And it's been a ';ery easy permit to obtain. This area has abundant water, apparently, and the district doesn't have any problems with our water use permits. Same thing goes for our potable water use permits. We're going to have a small well associated with the maintenance facility and the clubhouse site. A_nd those have been fairly routine permits ~o obtain. As far as traffic, our opinion is that we -- the traffic is going to be more consistent with the residential uses out there, and potentially less intensive than those uses. Again, we have a small amount of memberships in the club, 275 members. They're all local residents. One thing I'd like to point out with respect to the traffic is that the peak times are going to be compietel~ opposed to the residential traffic. When people who live in this area are actually Page 17 January 2~ ~.x~ going to work, they'll generally be going to the western part of ~he county, whereas -- and that's in the morning a.m. peak hour, which would occur somewhere between 7:00 and 9:00 a.m. And at that point all the golfers are coming in. So the traffic is generally the exact opposite of what the residential traffic is generating in the area. Same thing goes for the afternoon. Everybody is coming home, the golfers should be going home themselves, and of course they're generally going to go to the western part of the county. We see paving Brant!ey Roulevard -- i don't want to understate this -- as a significant benefit to the existing owners out there. Right now, Brantley is loosely maintained. There's a lot of potholes in the road. There's about a half mile of road. There is some lime rock base on it, but it's -- I don't know how much maintenance actually occurs out there, but it's rough getting to the site, the eastern portion of our site. And we're going to pave it with 22 feet of asphalt, so on, so forth, and sod the shoulders, and then you'll have a maintenance entity at that point of time. So we're going to benefit residents on Della Drive, which i haven't counted them. i thought there were more than eight, but there's quite a few people out there that's going to benefit from direct accessing to these properties. I don't think I've left anything out. I'm really here to answer any questions. We feel that this should be a fairly routine approval. We think that it's very consistent with the land uses in the area and it's a benefit to the area in general. And our efforts at paving Brant!ey are also going to benefit people from the standpoint of ingress and egress to their properties. And with that, I think i'd end my presentation. CHAIRMAN BRUET: Thank you. Any questions of the petitioner? COMMISSIONER TP~GESSER: i have a question, Mr. Chairman. CHAIP~IAN BRUET: Certainly. COMMISSIONER TRAGESSER: Are the boundaries, a perimeter of this project, going to be fenced in any way? MR. PICKWORTH: Fenced? I don't know. Are we going to fence it? MR. ROBAU: The boundaries will be fenced and they'll be appropriately buffered. I think we have like 50 feet of treed areas, wherever we have trees. And where we don't, we're going to be planting -- there's going to be a lot of money spent on native landscaping out there to create a south Florida/pine hammock look cn the citrus field portion of the property. So yes, we'll have some fencing around the property with buffering. COMMISSIONER TRAGESSER: Thank you. CHAiPJ43LN BRUET: One further question, Emilio. You agreed to all the stipu!aticns? Page Januar'~' ~ MR. EOBAU: Oh, '/es, s~. You know, .mart of ~=~..,_ -- we'ue just been ",,o_~inc.. _ with staff to c!arif';, them and make sure that for both the county and cur client that everything is clear. And that's the only reason that we clarified those things. And with the clubhouse, you k~ow ' ~: ~..~ngs start out one size and it sl~'' ' . , ~ .... ~ grc'~:s. So that s -- we agree completei?' with all the stipulations. CN~!R?IA/.I BRUET: Thank '/ou. An?' further questions? COMMISSIONER WP~GE: Just make an obseFzation. This should raise .ne local economy cause this looks like a golf ~ai~ eatinc course CHAi~4AN BRUET: An'forte in the public care to soeak to this issue? MR. NINO: i have a registered speaker, John Cowan. CHaiRMAN BRUET: Are there an'f other speakers, Ron? MR. NINO: No. MR. CON~:: Mv name is John Cowan, Kingstown Drive. I'm a real estate broker in this area for quite a long time, and i own considerable proper5'y to the east and north of this project, and i'm in full support of it. I thin}: it's going to be a big improvement to the situation out there. CHAIRMAN BRUET: Thank you very much. Anyone else care to speak to the issue~. if not, ~'1~- _ close public hearing. Pleasure of the board? CO~MISSIONER TP~GESSER: I just had one question for staff before we make a -- take action on this. I didn't see anything in here that compared this project in the way of traffic trips to what it would be if it were actua]~v in residential instead of colf course. Was that done? MS. MUP, P~Y: Did 'your -- i don't thin}: 'your TiS addressed that. did it, Emilio? MR. PICKWORTH: }~hat 'you normally do in a TIS, of course, is put out the traffic for your projected use. It's kind of interesting. In fact, we are about to file a variance petition, and so 'you're going to see us back here in a ,_, weeks, because as you know, the traff;c flow determines your parking lot size. And we believe that the parking lot size for a course of this t'.rpe is excessively large and simply requires us to create a lot more impervious surface than necessar~:,. But we're not here to officially argue that, because we don't have the numbers yet. But we're doing some studies .-- and we've talked with Ed Kant, and i think everyone recognizes that the ITE manual, which is a limited number of studies and can cover a 'wide variety of different type of courses, has a lot of numbers in it. And just the few pre!iminar~/ counts we've done on comparable courses shows us that the predicted traffic out here is going to be Page 19 rv L~ 9 9 substantially less than the 643 or 648 trips a day that the iTE manual says. But we don't have the actual numbers yet. ;~d we're going to be doing some counting at Naples National and Old Florida, which are two comparable limited membership, golf only, no residents ti~e of courses, to try to get a better handle on what the ac~ua~ number for a course of thls t~e ough= to be. As far as residential goes, again, that's hard to predict, because Brantley Bcuievard essentially is a series of easements available to all the people who have property in section 25. You could convert that into a lot of residences, I guess~ and actually end up with a lot more traffic. But how much actual development would likely take place, it's hard to say. The potential for residential in the area is high, but the actual, it's hard to say. CO~V2~ISSiONER T~\GESSER: t don't see -- you know, I see this as something that will be very positive for the Golden Gate area as far as -- I think it's going to be a great project. My concern is I know many times when you have non-resident traffic moving through a residential area, and especially with -- i'm looking at i think it's 23rd Street. It's not so much the volume but the speed of traffic. And my concern really was -- you know, and then we will only know as this moves along and you begin to have traffic out there whether you're going to have a problem. But my thinking was that if this project moves along and, you know, two years from now the usage is there and you have a speeding problem on the streets involved, we have a traffic calming program here in Collier County. it's very poorly funded, so people come in and they say, you know, we'd like to do something about the traffic on our street, you know, we're having speeding. But the problem is always how to solve that problem with the monies that are available. So I'm thinking not immediate but down the road a little bit. And I guess the question for the petitioner is, should there become some speeding issues related to the traffic using Hideout, would the petitioner be willing to participate in the cost of implementing traffic calming? MR. PICKWORTH: Well, we're going to do our own traffic calming on Brantley Boulevard. i mean, we intend for a lower speed limit on Brantley. So we're -- i mean, we're expecting that. And, you know, obviously what happens on 23rd as a public street is more of the county -- is, you know, the county has -- we can't set the speed limit on 23rd, but we can set the speed limit on Brantley. And I think our intention is to make Brantley 25 miles an hour. COMMISSIONER TRAGESSER: But you can participate in calming traffic on 23rd, if it's a problem, by helping fund the cost of that traffic calming. Because you're actually bringing people onto 2]rd that normally wouldn't be there. Page 20 MR, PiCK~';ORTH: Yeah, .~ think we can -- yeah, i ~' ' '.:u~n~ that's a fair commitment ~hat you know some propo .... r~.onate ~air share t'£pe of thing would be reasonable. COMMISSIONER TRAGESSER: =.,~,,~. ~ would just be nice to have it in there. -t may never come about as far as the problem. But you have so few residents, it's iow density out there, and if there was a cost associated with calming tra=~_c on that street, you d have a very small portion of re ' ¢ ~ ' , szd_n,s that would be able to pluch ~ to help make that happen. And since you would be actually bringing traffic to ~ ~ ~,a~ area, I think it's a fair thing to commit to. MR. PiCKWORTH: Yeah, let us work with staff and work up some app~op~a=e language, i think there's probably a wa}' that we could, you know contribute some ~a~ share of that. Yeah, that s doable. COMMISSIONER TP~GESSER: Thank you. C~tiR}Z~AN BRUET: Any, further cuestions, of ~ ~ .~h- petitioner? Have you been sworn in, sir? We need to -- please come to the .~odium, stand, raise your. richt_ hand and repeat a~er~ the court reporter. /Speaker was duly sworn.) THE COURT REPORTER: Could i have 'four name? MR. WATSON: Randall Watson. THE COUP, T REPORTER: MR. WATSON: Yes. i live on 25th Avenue. CHAiPJ~AN BRUET: Sir, you need to step richt up ~o the microphone and kind of address us. MR. WATSON: Okay. I iive on 25th Avenue Southwest, which is right across the canal from there. And i was wondering if they had any future plan of extending a bridge-over. Last year we had quite a bit of talk about a developer trying to do that, and that's my concern. CHAIRMA2{ BRUET: I'll have the staff address that. MS. MURP, AY: There's no -- there is nothing adopted in any transportation plans that show any ~ ~ ~u~ure extension of that road at this time. it was my understandinc that was the desire of a private individual -- CHAIRMA$[ BRUET: Yes. MS. MU-RP~Y: -- and had nothing to do 'with the county. CHAIR/VJuN BRUET: Okay? MR. WATSON: Thank you. CHAIRMJu~ BRUET: Thank you. MR. PICKWORTH: And our answer is emphatically no. C~I~43~N BRUET: Yes, I hear you. if there are no other speakers, i'll close the public hearing. Pleasure of the board? COMMISSIONER DAVIS: Mr. Chairman, i'll make a motion to forward CU-98-22 to the BCC with a recommendation of approval, with the Page 21 stipulations as amended and agreed to by the petitioner's representative today. COMMISSIONER BUDD: Second. C5~I.R~L~uN BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Budd. All in favor? Opposed? (No response.) CF~iP34A~; BRUET: Motion carries. COMMiSSiONER PRIDDY: Mr. Chairman, i ~ailed to get in touch with the county attorney yesterday to ask her a question, but I -- we played telephone tag. I feel I may have a conflict of interest on this next petition and need to recuse myself from participation. Because it's my understanding that this is a mining operation, which would be in competition with one that my family owns. C}[AiP34A/q BRUET: Thank you. COMMISSIONER WP, AGE: Mr. Chairman, I'll also be excusing myself on this one. A~,d beings it's the last one, I will be vacating also. CHAIPJ4A~: BRUET: We still have a quorum? This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat, after the court reporter. (All speakers were duly sworn.) CHAIRMAN BRUET: We're about to hear petition CU-98-23. MR. REISCHL: Good morning, commissioners, Fred Reischl, planning services. This is a request for a conditional use for earth mining. The property is located on Immokaiee Road in the general vicinity of the Corkscrew Island community. You can see this is the curve in Immokalee Road where Corkscrew Swamp Sanctuary is. Here is the subject site. The zoning surrounding the site is ag. with a mobile home overlay. Except to the east, which is Golden Gate Estates, unit 47, which through site visit and through conversations with petitioner is undeveloped at this time. The parce!'s approximately 105 acres in size, and it's going to be developed in seven phases, which you can see the phase numbers. Immokalee Road to the top of the picture, the phases and an environmental research area, which basically is a wetland restoration conservation area. The EAB heard this petition and recommended approval with conditions. At the hearing, speakers raised questions about water draw-down ~nd traffic, among other things. These concerns were addressed ~d where needed conditions were added to the approval by the EPd%. I'we received two phone calls -- besides what was received by environmental and engineering staff for the EAB, I've received two Page 22 January 21, 1999 .~hone calls wi~h ~uescions. about ~,~e ~project. The callers not express concrete objections, but were asking questions. Some of the conditions in the resolution include no blasting; the bottom of the excavation shall be limited to minus 11 feet NGBD; there are turn lane requirements and a $25,000 bond for possible repairs to immckalee Road. And with these conditions, staff recommends approval CF~iRMA/~ BRUET: Any questions of staff? If not, we 11 turn to the petitioner. Does he care to address the board? COMMISSIONER DAVIS: As the petitioner is coming up, i'd point out, Mr. Chairman, that this seems like a prett}' eas~' one CHAI~,~3d{ BRUET: i -- there doesn't appear to be a lot of public concern, so if you can make it quick, I think it will be to your benefit. MR. SIMPSON: My name is Glenn Simpson. I'm here to answeY any questions you may have. We've tried to be very conservative in the way we approach this project, and we think it will be good for the area. if you have any questions, i'm here to answer them. CF~IRMA/~ BRUET: Are there any questions for the petitioner? COMMISSIONER TP~GESSER: I have a question. CHAIP34A=~ BRUET: Yes. I'm sorry. COMMISSIONER T?~GESSER: Hi, Glenn. You mentioned that this is going to be in phases. And I just wanted to get a sense. Earth mining is not my major, and so do you actually create -- when this whole thing is complete, what is there, a lake, a huge lake? MR. SIMPSON: It would be -- I believe this wil]. show a little better, the graphic that's on the board. Oh, right here. The area within the boundary here will be excavated, and it will have setback and a perimeter around it of ';crying distances, depending on where it is. This environmental research area that i have will continue, because i have spent a lot of time and money planting that, trying to develop that. And it will be incorporated as part of the wetlands system. COMMISSIONER TRAGESSER: Okay. MR. SIMPSON: Be more the littoral function within that area and provide seeds for us for the rest of the project. But it will basically be a large lake with some berm and some land around the area. Also, the maximum depth of minus 11, I just want to point out, that's the maximum depth. If we hit rock or anything that's shallower than that, we stop. We're just interested in the sand and the dirt. So i just wanted to make sure that was clear. COMMISSIONER TRAGESSER: Thank you. Page 23 CS~IRMAN BRUET: Any further questions of petitioner? Anyone in the public care to speak to the issue? i therefore call the public hearing to a close. Pleasure of the board? COmmISSiONER DAVIS: Mr. Chairman, i'11 make a motion we forward CU-98-23 to the BCC with a recommendation of approval. COMMISSIONER URBANiK: Second. C~KAIRMAN BRUET: There is a motion by Commissioner Davis, seconded by Commissioner Urbanik. All in favor? Opposed? (No response.) CHAIRMAN BRUET: Motion carries. Old business? New business? MR. NINO: Mr. Chairman, I've been meaning to talk to you for some time about the PSP process, the preliminary subdivision plat process, i think you'I1 agree that that's a pretty perfunctory type of response that we're going to get from you. It's very seldom, I think, or other than the kind of issues like sidewalks that you're going to get your -- bite your teeth into. But there really is very little there for you to bite your teeth into. It seems to me that, you know, it's a lot of paperwork and a lot cf -- some of your time is taken up with perhaps something that ought to be an administrative process in its entirety. And i guess my suggestion is that you take under advisement the possibility of amending the subdivision section, division 3-2 of the Land Development Code. to make the PSP process an administrative process and not come before you and take up your time with something that is relatively -- that is basically administrative in nature, as opposed to a legislative action. CHAIRMAN BRUET: i certainly agree with the proposal, Ron. If you can take the burdens of sidewalks off of us and you can take care of them, that's fine. I don't think i've had two projects that I feel the same about on sidewalks. One time I like them, one time I don't. So if that's the only issue we discuss, which seems to be the case, certainly in the next round of LDC amendments, let's put that one in and see where it goes. COMMISSIONER DAVIS: Mr. Chairman, I don't have a problem with it becoming an administrative process, because i remember asking Mr. Nino on more than one occasion, or maybe telling the people that were here that our role is to -- as Land Development Code makes our role in this, is we're to verify that all the I's are dotted and the T's are crossed. That's really our only role. But because there -- because the Land Development Code also allows the petitioner to ask for relief from certain things, it might be a situation where it could be an administrative procedure to Page 24 approve them with their ability to make an appeal to this board if the,/ ~ ~ ~ , ~.sag,~_ with staff on ',;hat the,,, re asking relief from. That's an idea. Ci4_Ai~/,I BRUET: Some :ssue '/ou don't feel comfortable with, bring it to us. Good point. Under new business, have ?'ou had an opportunity to s~eak to the -- contact the Cit'/ of Naples? ...... ~,0: ; never contacted the CLt)' cf :;apLes. ; czd contact Lee County. The gut,' never calted me back. :'ye been bus',.' and he's p:obably bee~ bus)'. CF~i?aMA~ BRUET: i understand. MR. NINO: He may not have anything on his agenda that suggests the need for a joint meeting. ! -- i guess i need to call Ron Lee, I guess who is the acting -- C~i~AN BRUET: I ~ ~' ' ~h~,,K he s appointed now. It was in the paper awhile ago. But certainl'/ the city would be very -- }'ou know, another gccd meeting 'with them. i found it very beneficial. COMMiSSiONER DAVIS: Mr. Chairman, the wa,/ we made that happen last time, i got ahold of Jim Rideoutte, who was chairman of Naples PAB, and we just kind of worked it out chairman to chairman. So you might want to do that. I'm not sure if Jim is still chairman or if someone else is. I assume someone else is, but I don't know 'who that is. Ct~I~,tA~ BRUET: I've been tc the cit'/ recently. !'!1 try to take that off of Ron's agenda and I'll contact whomever the chairman is and work with tha~, Ron. CO[~<ISSiONER DAVIS: And i might remind 'r'ou, Mr. Chairman, that it's their turn to host it and their turn to purchase the donuts. CF~IRMA/q BRUET: Great. i will certain!~£ remind him of that. COMMISSIONER TP3.GESSER: And they can go be,/cnd donuts, if they want to. COMMISSIONER DAVIS: ! like the idea. CHAiPZ4AN BRUET: Public comment? Clay, an,z' comment? CLAY: AJPsolute!,f not. MR. NINO: Let me remind ?'ou that for those who might have some burning interest, the board will be dealing with the final consideration of the Land Development Code amendments January the 27th, next Wednesday, 5:00. COMMISSIONER TRAGESSER: They're having a planning meeting or a workshop? Is that the board, i understand, is having? MR. NINO: I'm not aware of it. COMMISSIONER TP~GESSER: Are you aware of that? COMMISSIONER DAVIS: Mr. l~ino, we've talked -- or asked before that as soon as the executive summary of the consultant's report on density reduction, when there's some printed thing about, that we would all appreciate being mailed a copy of that, because we're going to I think get up to speed on that pretty quickly. 1 Page 25 January 21~ 1999 MR. NINO: Okay. CP~I~4AN BRUET: Discussion of addenda? if non, i'll adjourn. There being no further business for the good of the County, the meeting was adjourned by order of the Chair a~ 9:40 a.m. COUNTY PL;d'~I;ING COMMISSION MICHAEL J. BRUET, CHAIRMAN TRAI$SCRIPT PREPARED ON BE5~LF CF - ~" GRmGv,.z COURT REPORTING SERVICE, iNC., BY CHERIE' R. LEONE, RPR Page 26 .,, a Fr:Et,,./Fr.. Minutes of February 9, 1999 SUMMARY OF MOTIONS & RECOMMENDATIONS: 1 M~nu,~' ,,¢c of the January 12:" meetinc:. Bonner Bacon moved to accept the m~nutes as submitted: seconded by Sa3ina Musci and carned unanimously 5 LANDSCAPE ARCHITECT'S REPORT A Mike McGee advised that the ~ncorrect plants ',','ere re,olaced the plants with ~ron problems will be treated :ms month and magnesium ,.vdl be applied to the junipers: the brown patches ~n medians 1-19 oartlcularly ~: and 9. will also be treated. 6. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT TRANSPORTATION DEPARTIvlENT REPORT With regard to the change artier for mounding '.,wthtn the medians, the charge ,,';as estimated up to S137~0 instead of the ongmal S5500 The contractor claims ',h~s '.'/as not brought to :h,e~r attention during the construction meetings. Although they 'were askeC if they had any questions they stated they .did not t,_ In the interim Mrna ,,t~ertr, xecuted...~:¢~i¢~ "-~ ,,ney. ~ ~',=, ,n~, understood =lans ~r¢~r since he felt there ,,',,as a suffioent 'gray' area to Constant tn4 ....... ~c 't:le . ' ~--_-----~.,.,--.~-,~-- Berry 1-"' Russ advised that he still cannot provide a mo',wng schedule from Mark Bu,~ham. as they are not a.cle to stick to a strict schedule. Ed Kant suggested that Road and Bridge no[iff/ Chuck Buckley ,,',,hen the ntenor roadways are mowed There was a lengthy discussion. With the addition of new equipment. the current schedule of 30~0 days will be increased tc 2'1 days. Russ will ask Ed Kant to provide the comm,ttee with the amount budgeted for mowing and/or ask him to attend the next meeting if this is not possible Russ informed the group that the Purclnas~ng Department finally agreed to grant the bid for secretarial services to PS The Purchasing Drrector. Steve Carnell. stated that he has full authcrily in making the decision, not the BCC or the committee. He also stated that this would have to be re-bid in October even though the cnginal b~d request '.,;as for one years ser'/~ce Cheryle stated that it ,,,;as her understanding that the MSTU has the authority to r'nake recommendations directly :~ the BCC even ~f against purchasing policy Mr Carnell also advised Ed Kant and Russ Muller that the Board authorized him to make the final decision ,,,,,~tncut ,ncut from Transpodatmn and ~he committee No one in attendance agreec ~,v~th th~s s~nce th~s was the point of having an advisory committee in the first ~lace. Cheryle wi!l look for ,at,C..0,.Fi,Y0¢/!....,~tter that .... "To: ~nc~cated the BCC dec, sion regarding ,h~ committee s reccr:"mendat~cn Dan reauest Purchasing to provide the committee with someth~r'g ~n ,,vnhng about their polices and procedures, blr Carneli will ~e as~ec to ,_:.e,,d a future meeting if necessary although he attended a prev~cus mee:~cg about a year and a half ago to discuss th~s ye? ~ssue COIVlMITTEE MEMBERS' REPORT A There ',,..'as a discussion regarding Mark Hcughtcn s lack cf attendance at ti~ese meetings The cc, nsensus ,,vas t~at th~s v,,cuid be :~'eemed a voluntar,/ resignat~cn Chuck McMahon made a ,motion request~r'.i~ that the Board of Ccunty Commissioners remove Mark Houghtcn from the c.":mm~ttee due 1o !ack of pa,.-t~c~pat~on: seconded by Bonner Bacon and carrie,:: unanimously Sue Fi!son ',,'.,ill be not~fied of the vacancy so that an adve~sen',e~': can be r. laced ~ O/lllll LI ~ (" Agenda- March 9, 1999 5. 6. 7. 8. 9. 10. 11. Meeting called to order Roll Call Approval o[ Minutes - Meeting of Februar,l 9, 1999 Landscape Maintenance Report Chuck Buckley Landscape Arci~itect's Report - Mike McGee PWED Report - Micah Massaquoi Transportation Administration Services Report - Russ Muller' Committee Members' Reports Old Business New Business Public Comments 12. Adjournment 1 Next Meeting: April 13. 1599, 4:00 pm @ Golden Gate Community Center Minutes of February 9, 1999 Meeting cai'ed to crder at 4:10 p m at the Golden Gate Community Center Roll Call: Present: Bonner Bacon. Cheryle Newman Charles McMahon. Sabena Musci. members: Val Prince. Russ Muller. Dan DeCasare. and Sheila Convery. Transportation Landscape Ser-v~ces: Chuck Buckley. Commercial Land Maintenance: Mike McGee. McGee & Associates: Jacqueline Silano. recording secretary. Absent: Mark Houghton. member Minutes cf the January 12:" meeting: Bonner Bacon moved to accept the m~nutes as submitted: seconded by Sabena Musc~ and carned unan~moL;Slv' 4. LANDSCAPE MAINTENANCE REPORT Chuck advised that he met with Val Prince and Mike McGee to conduct an inspection. In January he tried to skip a couple of cuts but felt that with the warm winter, the project looks better when mowed every week: fertilizer will be applied this month and the bougainvillea and juniper wilt be drenched. There have been multiple irrigation problems lately specifically on medians ,4. 9. 11, and 21 wilh clogged heads and broken lines. Val stated that there has been a problem with pump #1 and that K&B pulled the pump and removed the strainer. K&B says the strainer is not needed. The discharge p~pe needed to be replaced. He requested a service check on pump #2 and is checking with the service mechanic to see when it ,,vas last serviced. 5 LANDSCAPE ARCHITECT'S REPORT Mike McGee advised that the ~ncorrect plants ;vere rep aced the plants with ~ron problems ,,'viii be treated th~s month and magnesium ,,viii be applied to the junipers: the brown patches ~n medians 1-19 particularly 4 and 9. ,,',/ill also be treated 6. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT Mike McGee reported on C.R 951 on behalf of Micah Massaquoi who was not able to attend today's meeting. He stated that the palms and oak trees are being installed: the electric (single-phase transformer) was to be done today and the pump (single phase) will be set shortly The ma~n line was also to be pressure tested Some casing problems were discovered: they shoukJ be 24' below the surface and are not ,,'vith~n code They will ~,e redone but will cause a delay ~n connected the main line In the meantime v,,ater~ng will be done by trt,~ck. The pines are scheduled to Se delivered tomorrow To help prevent yellowing, soil ,,v~th a pH of 6 will be added by the MSTD and labor contributed by the ccntrao;or. None of the smaller malenals ',v,,i! be ~nstailed un;,i lhe man I~nr: rs funot~onmg B ¥',/~th regard to the change order for mcunc;ng '.,vrth~n the rnec:~ans the charge ','.,as estimated up to $13750 ~nstead of lhe crag;hal S5~00 '['he contractor cia'.ms th~s ,,',,as not brought to their attent;cn cunng the construction r'neehngs Although they were asked if they had any questions they stated they did not :hat they understood the plans In the ~nter~m. M~ca has executed a change order smce he fell there '..vas a suff~o, ent gra,.,' area to c.,ay TRANSPORTATION DEPARTMENT REPORT A Russ ~ntroduced Dan DeOesare who will Ce replace Russ as ~©unty Iialsoll nt these meetings. B Russ advised that he still cannot provide a r.~o,,wr~g schedule from Mark Burthen. as Ihey are nol able to stick to a stnct schedule Ed Kant suggested that Road and Bridge notify Chuck Buckley when the inter,or roadways mowed There ,,vas a lenglhy discussion ~ZTith the addition of new equipment. the current schedule of 30-40 days w~lt be mcreased to 21 da,/s Russ w~ll ask Ec Kanl to provide lhe commdtee '.,wth Ihe amounl budgeted f~r mowing and/or ask h~m to attend the next meeting if this ~s scl ~oss~ble. ~'Sabna. Muscl ',e,, '~' at ..,: C.O C m ) C Russ informed the group, that the Purchasing Department finally agreed to grant the bid for secretanal services to PS. The Purchasing Director. Sieve Carnetl. stated that he has full authority ~n making the decision, not the BCC or lhe commqtee He also stated ',hat th~s v/oulC have to be re-bid ~n October even '~,, .,_,~,.,,~ ~, the one~nal~ b~d request ',,,'as for one '/ear s service ~,'" ~,~.~/le s~ated lhal ~t ',','as her understanding that the MSTU has the authority to make recommendations directly to the BCC even ff against ourchas~nq ,oolicy Mr. Carnell also advised Ed Kant and Russ Muller that the I~card autl~onzed him to make the final dec~sicn w~thcut ~nput from Transportauon and the committee. No one in attendance agreed with this since th~s ',',,as the point of having an advisory' committee in the first place Chen/le will look for a copy of letter that indicated the BCC decision regarding the committee's recommendation Dan v,,dl request Purchasing to provide the ...... ~. ~,...m ...... e~-','/qb something ~n writing aboul :he~r policies and procedures Mr Carne!l '.',,d be asked tc attend a future meeting ff necessan/although he attende~ a :rev~ous meetm~g abc,ut a year and a half ago to discuss this very ~ssue D Russ.. ad,.nsed that a ,r~,,~c s~gr, at would be :nstal!ed at Golden Gate Parkway ar:r] 44 Street to service Golden Terrace E!emen:an/ The s~dewalk ~n the r'ned~an ',./~!1,..,~¢ changed and the mcnumen' '.'./~ll nave to be moved Russ displayed the ;:rc~osed design There '.,vas a ~r~ef d:sc:.:ss~cn Bonner Bacon motioned to '1.6C a,.t, prcve the proposed design as presented ',',.'l~h the request that decoral~ve pavers be used and ~a~d for by Road and Bridge and lo ~nch~de lhermo D~ano kev lines on the slre,';t crossir~g for h~gh ' Chuck McMahon and darned unanimously Russ advised that the median on Tropicana has been filled ~n and new sod ,.vas ~nstal!ed: additional posts ',wll be placed at the other Iocahon paved area will be added to the east s~de ~urn lane at itunler Raised crosswalks will be ~nstalled at Sunshine .t~ 20:" Hunter at 19t'' Court and Coronado @ 52"':'. F ashing beaccns v,,d also be ~r',stalled on Sunsh ne near the schcol - F Cco~es of the Februar,/ i799 budget statement "m,'e '~' ,~ · .... c,o,r~u,ed and rev~e,,ved A hstinc of th,~ members ar'd other pe~nent personnel ,,vas ~ ,.cried COMMITTEE MEMBERS' REPORT There ,,,,,as a discussion regarding Mark Houghton's lack of attendance at these meetings. The consensus ,,vas that th~s would be deemed a voluntary resCgnalicn Chuck McMahcn made a mct~cn recuesting lhat lhe Board of County Commissioners remove Mark Houghlcn from' the committee due to lack cf .3art,~c~palion: seconded ~y Bonnet Bacon and carried unanimously Sue F,Ison v/ill be notified of the vacancy so that an adverhsemenl can be placed Chery!e reported that she met ,,wth Commissioner Constanhne regarding the visibility problems wrth the median at the church s~te and he assured her that he would take care cf the matter. Chen/le requested that no left turn be made ,n~ church ,.oroCert,/ exiting" ,~ C Chon/lo requested that Russ continue to attend several more meetings vvdh Dan DeCasare dunng the ..... OTHER BIJSINESS A. Val met with the landscape architect for the new St Elizabeth Seton Church He ,,v~tl be resubmitting plans :o ~nclude s~te lines and turn~ng radius Vai ad'./~sed that water samsles ,,~ ¢. taken from the three ','dells. the county Pollution Depa~ment has recuestec addition samr..!es C V'.,;~th regard Io the MSTD b~,'u3el, t,""e ~ ~t~m_n, ,'"as caen n~cd~fied for better ~ ,h ~atron Ccc, res of :he MSTD Ooerat~na B .... t for February l ccc, ',',,ere ostr:bu'ed ~ D EBm o,mmonds met v,/~th Bonnet Bacon retarding ',he electric v/ork at pump 3 A .3027 cf ~h~ estimate for the work at S.~,..,U0 ,,'.,as d~s~nbuted No funds ,,,,,'ere C,..;dce~ed ~n the MSTD for this ',? ,,c, :~ - ~,,..,e of ..... :h~s ,/ear Vat sugcested ',vamp, g [or several months for the landscaping is "~ '-- ~ ,- ' ,i,.~s,,ed ~nd to see ff the ,unds v/~ll be a'/a~!ab!e The ccmm~ttee concurred The malter ',','as :abled for rtc,.v and v.,dl re-evaluated ~n a coucle of ' '~' , T:,CD~, ,S 10 OLD BUSINESS A Vai ad,.qsed that his crew has cleaned us the area adjacent to the canal on the ','.,est sfde of C.R. 9..51 Although Scuthv/est Ftorlda Management previously, stated that they would remove the tr'-'"'s cn ,h~ canal slcpe by December. ,hey have not staded yet. Cheryle called ,he.,. last, ,~ ' ' "'" w_ex and Val ',vdl folio,,,/up ff the v/ork has not begun by next v/eek As there ,,',,as no fuP, her u, us~ness to d~scuss, the -', w me~,nc ,,',,'as adjourned at 6 ",5 :) m The next scheduled ,:,~ ,--, me .....g ','zdl be "':.eld on March c~th at ,~ O0 ~ m at '?',", Golden Gate Community CeD!er. '" I I I I I ! I ! ! I I I 2:00 pm East Naples Community Park 3500 Thomasson Drive Naples, £1orida f"Ai'(I~S APl[)fz, i':(:i~[~A'l'lOr"t ADVISOt~Y AGE~DA February 24, 1999 'l'he F':~rk.,, :~rut I(ucre:~lion .\(1',, \',cdnvsd:l,.. l"ehru:~r,, 24. I. ( \1.1. I() I1. t'I.EI)(;I-: ()1- \I~I.I':(;I\"',('F I()'IIIE t. 1.\(;: III. I",~()( ~ I'I('~N: \11. RI:l)[ I-.5 I ~, I-¢)1.~ I)15('1 \111. ()1.1} BI $1\f.'-,5 IX. B()AI'~I) lin l~ll) I~11 I I I ! I I I ! I I I I I I I I I I I PARKS AND RECREATION ADVISORY BOARI) Minutes .lanuarv 27, 1999 I'RESENT: Vineyards Community Park 6237 Arbor Drive West, Naples, Florida l)aphnic Botcher, Chairperson .Iohn Gricc. Vice Chairperson Timothy Blackford (;il 51uellcr l,isa Barnett Edward "Ski" Oleskv .-\BSENT: .Xlurdo Smith, Recreation .Xlana~cr Bill Shclburne. Parks .Xlanager Karin English .-\ LSO PRESENT: STAFF PRESENT: Maria Ramsey. Dircclm- .lacquie llart, Secretary II ,John Dunnuck, Operations Coordinator .Joseph l)elatc, I'roject 51anager I. CAI,I. TO Oi~,I)I:2R: Thc mcctino xxas called to order at '~"X) p.m. II. PI.El)GE OF..kl,I,I.XiIANCI.; TO TIlE FI,A(; Ill. INVOCATION: by JacquJc l lart IV. AI'PI/OV.-\I~ OF 5IINI.'TES: December 16. 1999 meeting. 5lotion bv John Grice to approve September 16, 1998 minutes. Seconded bvTim Blackford. Passed 6/0. V. NEVV IiI'SINESS/I'i/ESI.;NTATI()NS a. Av,'ard Presentation- None b. Introduction Of New PARAtl Member- Vice Chair l:;crchcr welcomed Lisa Barnett to thc Parks and Recreation Advisor,' Board. ! I I I I I I ti. P,.\R.AB Officer Election - ,",Ir. Tim IUacklbrd mmlinalcd I)aphnic I~crchcr as (..'h;.lir~,onl,~ul ~.llld Johli (irice ils Vice Chairman. .\lotirm by Tim IUackl'ord to elect 51s. I)aphnic Bercher as ('hair and John Griee as Vice ('halrin:in. Seconded hv (iii Nlueller. I'axncd 6/0. Skale Park Non Compete (,'l;~usc: \1:,. Rmm, c~ ',ruled tidal 'a request ,o.m; Ill;ILl;..' h~, JJlC conccs,;ionLlirc tt~ illc[tldc ;1 IlOll-CtUllj~CJk.' to her ;l.~rcUlllelll. 'l'h¢ (.](/LIll[~, h;.id gJv¢lq the C'itv t~l' Naples $1:;.000 l't~r tire impro,.clnent o1' their skate park..\Is, l),icc ~lttribtlt¢5 h~st ;Itt,JllLh. lllCe to tire (_'ilk (ILlu tO thc inlpro,.elllCllts. Tht: (..'it',.' rd' N';lr, l,js sk;tt¢ park ! I I I I I I I I I I I This clause uill not allo;~ [he current ctmces.shmairc h~ hate Parks and Rccrcati~m Sk:uc I)ark;. [lie clau~e read>,: '"Fo l~rotcCl lilt ('t,tllltX'~, iHxff>,IHIffH£ II1 Ibc Skalchoard Park. lbr Ibc durathm oF Ibc ..~rccmcnI. ~:'lclmtin~ rcnc~at. ilcitJlcr thc C'Otllltk flor thc C't)flcc~sJt~ll;lJrC xxJJJ IllkCh[ II1. c(mtrl~U][c Itu pcribrm any in-kind sc~'icc~ m help ~uppt,rt ;mx txhcr ,katch~xmi IhciJilk ,katcr~ t,l'this 5kate ]{~;trd [":tcililx" Xlotion hv .John Grice It, support Ihe Skate I'ark ¢'lau~,e. Nt'cunded h; 'l'int Bh, ckfm'd. Passed 6/0. ~)ehind Land Purchase for Plav~round - linc land lease agreement with ['oilier ('t~tl/ltX l'ark, ;trill Rc.zrcathm thc pla>ground Ihcililx fi,r 3 ~: xcar, k,,~ thc church 5.1,.;. Ramse,. :.dated Ih;il ltnl'XlCl Fcc,, arc nut bcinu u-.cd fur Ncighhorhot~d Iku'ks per County Polio',. '[he I'ark, and R¢crcatmn are no',,, directing mqmct l~:cs l'undin,, to [,5.:,,itm;d l"ark:,. 'Ills I'ark.-, and Recto;ilion arc IookinL, at 3 pieces in thc area hut parcel ~.';3 has a liens. - ~,I' property i{alllSCV COlltaClCd XlicJlclJc .,XrnoJd td'C'udc J~llJk)rCClllCllt ;illd sJIc Staled that the Cotlnlv could satisR' thc h)an uith 56.N20. I'arccI ~i53 ~as thc least cxpcnsivc oF thc lots. hut had more liens andasscysmcnt Ikcs. Nfs. I I I I ! I i I I I I I I I I I I I I Rarnscx stated that even if the hu'~d is donated, thc icnh ',till have to be satisticd. 5,1r..\lueller su,3,~.2estcd that thc I'arks and R¢crcatlOll staFF consider ::79. Thegcntlcmenisapcrstmal Ihcndufhisandhc thc I g acres it, thc Parks and Recreation [)cpartmcnl Nix. l{amscv staled that thc propcrt5 is mote xxctland and tile :tsschsmcnt IL'c i~ vcrx hiuh. .".Is. Ramscx stated that thc dcparmlent could look int~} 2r;lIlt ~ptions hut ibc main concern is to find funding to purchase thc I'm~pc~.~. Chair\korean Itcrchcr ',uggcstcd that tile Parks and l~cc:cation l)cpilrlmcnl lllCCI with thc churcJ~ and discuhs SOIllC uther ~lJ[cl'llil[IkC tH1 lll{*kill*, Iht pla5 ground cttuipmcnt. 5tT~cstion,, ~crc nladc bx I'..\R.-\It that thc I'ark, and Rccrcalitm I)cparlmcnl purchase propcrlic~, that haxc lax liens. .x. ls. Ramscx StaLed that it i,, nt~t Ic,.z, al Ibr thc (',,tint; h~ pi rch:t,c propertlC.,, :It iI[ICtJPll. Boa/ and lleaeh Access Re~lt//Z[/: Ibc {~lycc[~c {~l'thc Ik'ach ~atcr supp~rlcd Ihcilitics and pn~icct ~iablc tq*p~rtunilich h} /lCCOIlllllOd;lIC IJlCSC flOOds. ']'hc current ~rt~xXIJl itl ('t~JJhdr ('(',UIIlk impact\ reduces thc UITlt)LIII[ OJ' COaSHII re,ion land ~lV~liJ;IbJC tbr lilltlrc development. This ~umrnarx'cxrmfincs the current /nxcnturv uJ'bcacl~ access and boat latmch lhcili~ics, current trcnd~ in tile I.cxcl of hcrvicc. ami lk~turc expansion oppo~unilics Ibr additional Ihcilitics Thc t:lble 1 invenu~rv describes tile ph.'.sicaf characteristics t}l' thc existing boat launch and beach access lhcilitics couutyx~idc includinu boat launch parks, one (J) lkcsh xxatcr bt)al I[ILIIlC}I park and saltwater beach tlCCCSS parks located ill tile COasHIJ Zt*llC ,~l'thc .'\S it stands today, beach access and boat launch parks L~rc only measured under the Regional t'ark acreage clement, ll~tis beach parkin5 ~paccs illld boat ramp fitcilitics arc rtl thc mere\ lq'thc rcuional park acreage dement. which is currently satisfied by thc I.cvcl ~*l'~crvicc rccuircmcnt lbr thc next thirty (30) years, as all state lands xvcrc added to }he measurement standard in 1990-1991. 1 I I I I I I i I I I I I I I I I I I I ! ..\lthouoh the county population continues Io Ero~v. there arc wudilionut and non-traditional oppommitics to expand boat landin~ and beach access li~cilitics through out thc Collier Count) park sxstcm~. IMuebill Parcel - :\ 4.55 acre undeveloped land on l?,luchill avenue oxvncd bk' Collier county. Parcel has an appraised value of OEI.5 million and a sale value of 53 million according to thc Collier (.'t)tllltx Real I'ropcrty Nlanagcmcnt. llench .,\ccess Fncililics - I'se :dternntives - 1. (.,\L l?,uild a neighborhood park on thc south side I~mdcd by a Jotul NISTLJ district and construct 150 beach parking spucc,¢ on thc lloFIh side t~l'lMucbill ,,Xvt. Patrons would walk to Dclnor-Wiggin¢ State Park. Trade DMuchill parcel lbr site near beach frith increased parking opportunities. ICL} Sell lSJuchill .,\',enuc and utilize revenue lo acquire parcels near beach access 2. Clam Pass I':~rkin~sion - C'onstruct a parking garage above tile existing 175 spaces parking lot. Thc cost ol'said pro cot is cstJI'tlatcd at $10.000 or space or roughly $1.750.000. tile Rcuistrx' P, csorl has expressed interest in the partnership For said project. 3. lIoni/a Bench eond Pnrcel 6 - :\ 1.5 acre undeveloped xvalcrfront parcel oxvncd by Klein l)cvclopmcnt Compan5. ..Xlth{ntgh thc property xacimt, it is zoned ti~r single lhmilv homes with a cond:tional usc to build a 9 unit development titled Spoonbill C'ovc. '['hc x'alL~c is appraised 5377.400 by thc Real l'ropc~y Nlanagcmcnt Dcpunmcrm This property could suppo~ approximately 30 beach parking spaces i1~1¢1 patrons utilize thc [3arelbot [~cach .,Xccess. 4. llusin~ - As the County continues to grow and hind becomes less available in thc coastal region, there is an option t{, purchase or lease land outside of the coustal region and oflUr busing oppc~rtunitics to beach access locations such as Vandcrhih [~cach .,Xcccss. 5. Ferry .-\cccss - ,.\nothcr creative idea is Io purchase a small parcel ~ith beach access near %'iggins pass and l~'r~ people to thc IM~rclbot [3each Prcsc~'c. Duc to limited access, thc South end of [M~rclbot l~cach receives limited usc. This option is a viable way to give patrons access one of the County's more pristine beaches. I I I I I i I I I I I I I I I I I I I IX.O 6. %'anderbil( Beach Nubdi,,'isim~ -Thc 1.2 ;,icrc [:lh~ck "C" is h>calcd alon~ thc north ri~ht-ol~way on V:mdcrhilt Ikacl~ Roud across bcacl~ parkin~ lot ad accnt to thc Ritz Carhon. Although appraised tbr S~T0.00(/ Ikom thc property appraiser's ,~ll]cc. thc land rcccnttv sold $2 000.000. Block "C" is zoned lbr commercial I~m~t Imunch I"acililics I. ['S 41 Parcel ~12 - l.ocatcd olt'['~ 41 across lhm~ Ibc Pck~Icr Nlu,z Restaurant is a txxt~ (2) acre parcel that has direct access to thc Cocohatchcc Ri\er. This parcel could support 2 boat ramps and 30 parking/trailer spaces. 2. Isle of (:apri I'arcel- There arc sc','cral vacant l'mrccls (lois 5-16. 5.i7. 548) ,.kith direct access to 'I :u'pon Ilar located ,,m thc Isle of L'apri. These parcels could bc utilized as a boat launch lacilitx. 3. l.ol Easl Of ila,,~,iev,' park -Imo/2~ arc parcel cast of"t/avvickk Park. Ztmcdasl)hmncdl)c~clopmcntlbrrcsidcntial. sin~lc/hmilv. Thc parcel is estimated to ha~c ;m associated cosI of 550.O00/acrc. but Ibc ox~ncrs would argue that thc land is x~o~h a ~rcatcr value since il is ~[alcrl?onl propcrt5. Thc parcel could idcalR support a 30 fl. ratnp illld 30 parking spaces. 4. 5loss Family I'~ (Copcl;nd - Thc \loss fumilvhas indicated tt~ stafl'a willingness to lease there 4 -"- acre pr{~pcrt> lbr :l period ~l'2f) kc;irs at IlO cosL Thc parcel is Ioc;ltcd .jtlst north ~q' Nran's [{Ch[Zltll'~lll[ ill C'opcland. A/kr thc terms of thc agrccmcat expire, ibc lhmilv \kill re- Id Business F..\..\ - Sis. Ramscv stated that .Mr. Nlc.X. larmus could not ,.2, ct thc ('o'ast Guard to commit and he xxas als(} having problems xxitl~ thc liabilitx insurance Ibr thc event. [). [toat Show - 5,1r..h)hn (iood decided to continue hi,, ['mat .shiny at thc .,\irport. in_.~Lpact Fee Study Result: ,,\ report vms distributed to shokving lout different options. Thc Parks and Recreation I)cpartmcnt ,.kill present lbur {4) park impact fcc rate stud,, option to thc Couiltv Commissior~crs on Fcbmarv 9. 1999. ~. Thc costs have bccn updated to reflect thc ct~rrcnt (199:,i) ct)st per acre or type of I'acilitv. Thc calcuhltio~ls also include standards and I I I I I I I I I I I I I I I I I I I eo costs lbr new facilities {i.e. beach parking spaces, rollcr hockey, and skate parks), which xxcre not included in the 1991 rate study. O.~ption 2. '['hc calculations arc based on the currc]H (199g) level service standard Iht all txpcs of land and fi~cilitics includino beach parking spaces, roller hockey aRd skate parks. O_~li~m 3 Thc calculations arc base on the same 1c~ cl ol'scrvicc standard,; option 2 c×cept for thc cxclu~,ion of beach access regional park land. (2) ~lion 4 t.'lilixc calculations of option 3 but usc Tt)C funds Ihr beach related expansion .~lotion bv Tim l:llnckforcl to recommend ()pd~m ~ ,-._. .'qccondcd bv (;rice. I'asscd 6/0. Reo~ionnl Pnrk [,and F'urehnse [_[.}pdnte Thc ltoard o1' ('otmlv Commissioners approved 175 acres be purchased I mile soulh of hnmokalcc Road lbr thc North Naples Regional l~:n'k l'rqicct. 'Ibc estimated coit Ibr prQjcct is approximately 514.7 million. Thc lhcilitx ~ill also include the new Parks and Recreation .Administration Of lice. Stalt' has been directed to do tx~o (21 appraisals, an cnxironmcntal audit and an assessment, ia draft plan o1'th¢ North Naples P,¢gional l~ark xxa:, distrihutcdl Dodo Park- Xls. 13arnctt inquired ii' thc I'arks and Rccrcathm f)cparlmcnt has any plans Ibr a [)og [)ark. Xls. I~arnctt suggested thc North Naples Regional Park since it is in thc plannin~ stage it would hca good idea to designate an area of that park Ibr dogs. Park Pro~dnte- Sugden Regional Park gazebo is being paving ~hich will be complete next Also preparing thc (5oldcn Gate Fitness Center project is ncarin,2 completion. C'tmcrctc sidewalk is being poured lodav. Fit]mss cquipnlcnt will be arriving (m thc I:cbrua~' 8. 1999. and install on Fcbrua~' 9 A walk through will hc dr)lie oi1 l:cbrua~' 12. 1999. (}rand opening is tentatively schcdutc Xlarch I't. 1999. South f~,egional Park is four (41 xvccks behind schedule because {~1' thc dcxvatcring. I I I I I I I I I I I I I I I I I I I Xo ~lonthlv Report fo November Monthly Report - No discussion BCC Recap - Golden Gate Pool Concession: - NtalTprcscntcd an executive summary' Io award a conccssicm agreement Ik~r thc (;t~ldcn Gate Pool. ,,\ report was presented bclbrc the Board o1' £'ounlv C'ommi:;~ioncrs showing the results oI' the proposed MSTU Ibr Neighborhood Purk in Golden Gate - stalT to rcdral~. h. P,.\R.-\B Meetino~ Schedule_- Next meeting is scheduled at ['las! Naples Community Park. February 24. 1999. .-kdo_t.)t-.-\-P:'~rk Rel)ovt - ,\ls. Karin was Sul, poscd to ~ix'c n report Jacquic send a card to Karin t~nglish 011 bchull' {~I' thc Parks and Recreation Bourd. Ms. Barnett suggested Ihat she would adopt P;ayvicx~ Park and Nit. John Gricc will adopt South Naples Regional Park since Karhl [~rlglish is out sick. VIII..-", I).10 t' R N 511-:N T ),lotion I)x'Tim IMackford loadjourn. Seconded I)vVice (3~:lirm:~n John Grice..~leetingadj{)urncdat4:(10 P..~I.. I':~ssc¢16/I}. 1 i ! I I I I i I I I I I I (~) 8 i I I I I I I i i I I I I I I BOAI~,I) OF COUNTY CO.XI,XlISSIONERS PARKS AND I~ECI~E:XTION RECAPS: February t6~ 1 2/9/99 8C I ' "' ' "'":~':':':'~'~?' 2/9/99 8C2 2~9/99 8C3 2/23/~J- 16C2 -3" /,.~,v~ 16C3 Beach Access & Boat Launch Re_port Ira.pact Fee Study ModilV lanaua~e ofGG N~hborhood Park NIB'Dj sua'ev Acquire outlying parcels located north of landfill to utilize Ibr recreational ~oses. Authorize the purchase of plasground equipment lbr Park. (n) 9 I .~ ! I ADOPT- A- PARK R~'PORT I I I I I I I I I I I I TheAdopl-A-Park Repor! is provided by lhe Parks and Recreation Advisoo. Board. Each PARAB member visits their adopled parks and gives a detailed report or Iht patios condition. The purpose of Ihis report is to help Parks :llld Recrealio. I)cparfmenl lo contin.allv improve in mainlainina p:trkfacililies. %'m q3fac~ord: r a. ~ ~ucyards Community Park C~lm P,l.ss Community Park Coo,fiatcfiee 'R/ver Park ~K:p o r! o u .3//,?,Ij9 9 ~,dward "Sf, i" Olesky: a. /mmokalee Community Park ~. Immokalee Recreation/Aquatic :kepoa on 4/28/99 .7),'Iplintv G il M ueller.· a. q~gcrtailc, Beacfi b. Soutfi £t4arco Park Report on 6/23/99 .7ofin Gn'ce: a. East ',~-,ples Community Park .~' u.q,fc n ,g,Biio n a I q'a rk ,'. ,5outb f'v~pfes Community Park 2/2.1/9o Kadn 'h:ngfish: Report on 2/2.I/99 {;isa CBarnctt' a. Gold'en Gate Commun,'ty el'ark t,. [.ely q3arefoot qleacfi c. Cl~ayvic.w Community PaN. 'g;port ou 2/2,1/99 (B) i0 I I I I I I I i I I I I I I I I I I i MEETING SCHEDULE 2:00 p.m. 9. ()clohcr 27. 19()() 'ILL\ I0. Nu',cml)cr 17, 1999 'I'BA 11. I)cccmhcr 15. 1999 'I'll,\ DATE LOCATION .I.,tnuar,, 27, 19m) \'il~cv:tr(Is ('om]nunitv I';~r'k ,..'.; '.,'~,,,-:,,.~. J:'chru:lr) 24. 1999 I(:lsl N:~plcs ('Onlml~nily I);Irk %1;Irch 24, i999 (;olden (;;lie ('OllllllllllJJv ('ClltCl' ~l)ril ]~. 1999 Jninlok;ll('~ Sports ('olnlllex .~,.*~ ,, , ~l~J~ ]6. 1999 Velel';ills ('()llllllllllJl)' Jhlrk. /'~.:,/,,..,,,.',~,', ,' .lune ]3. 1999 ~T:J~ II~l~*c .Ir. {'Ollllllllnil~ Park N()TE: ~lectin~ (late.~ could hv ch;IrIKcd duc I() Imlidav~ ~)hscrve(I. P.XR.Xll memhcr~ ~ill I)c notified 2 ~c'ck.~ prior to mcctinK d;llc in thc cx'enl ()r ;1 CIl;lll~e. IL. kRAII lll~'t'ls t'V('l'V 4il' %%'eilllcSIJIlv Of C;ICll lllI)lllll. *'~ \II-:..\.XS ,.',, i)..\TE ()l,t .\ I.()('A'I'i()N II.~,S BI'ti'tN ('II.\N(;EI). (Ii) I I 1 1.6 Radio Road Beautification Advisory Committee,~ . '.9',~' Agenda ,'r:. ' ..... , March 8, 1999 1 3. 4. 5. 6. 7. 8. 1. CALL TO ORDER 2. ATTENDANCE Crystal KinzeI-Chairman Wolfgang Schulz Bill Jaeger Kate Godfrey-Irwin Dan DeCesare Ed Kant Dayna Fendrick,-Wilson, Miller, Barton & Peek. Inc. APPROVAL OF MINUTES: FEBRUARY 8, 1999 LANSCAPE ARCHITECT'S REPORT TRANSPORTATION SERVICES REPORT OLD BUSINESS NEW BUSINESS PUBLIC COMMENTS ADJOURNMENT NEXT MEETING: April 12, 1999 ~ 4:30 P.M. at the Golden Gate Community Center Morris Clrter ¢on~tantfne Ha¢'K~e ~,~iso. Cortes: Date: ~ Radio Road Beautification Advisory Committee Meeting of February 8, 1999 1 The Radio Road Beautification MSTU Advisory Committee Meebng of February 8. 1999 was called to order at 4:30 p m at the Golden Gate Community Center. Roll Call Members present wereWolfgang Schulz, Bill Jaeger. and Crystal Kinzel Also present Sheila Convery, Transportation Services, Dan DeCesare, Transportation Engineer II, Edward Kant, Department of Transportat on, Russ Miller, Department of Transpodation, Dayna Fendrick, Landscape Architect-Wilson, Miller, Barton & Peck, Dana Kowal, recording secretary-Manpower Services Inc. Absent: Kate Godfrey-irwin. Minutes ' Minutes of the January 11, 1999 meeting were approved by Crystal Kinzel as submitted seconded by Wolfgang Schulz. Landscape Architect's Report A. Dayna Fendrick provided copies of the project report. Copies attached. B. Ed Kant discussed the fact that Radio Road was not designed for six lanes. Drainage options and issues were discussed. Further clarification is needed. C. Dayna discussed how the median, sidewalks and bike lanes would have to be adjusted or eliminated to accommodate six lanes vs. four lanes. D. Russ discussed what types of shrubs or trees would be best for the medians for drainage and longevity. Crystal asked what are the actual drainage needs, what is necessary and what will is cost? Crystal proposed skipping the March meeting so staff could resolve these issues. Ed stated that Water Management would have to answer the drainage questions. Until an application is made, it is not known what will be permitted. He stated that it could take several months maybe longer. A permit modification must be obtained before any trees or shrubs can be planted. The committee must show modifications they want to make. Once permit is granted, the project may not be changed. E. Wolfgang suggested that a brief status report to the commissioner. Russ stated that the Commissioner does get a copy of'the minutes from this committee Transportation Services Report A. Bill Jaeger asked for an update on Livingston Road. The Livingston Road intersection with Radio Road will be a major intersection. Ed provided this update: 1'~ segment Golden Gate to Radio Road will be completed in the Spring. 2"'~ segment Golden Gate to Pine Ridge fiscal year 2001. Pine Ridge to Vanderbilt Beach Road fiscal year 2002. Vanderbilt Beach Road to Immokalee Road fiscal year 2003. Immokalee Road to the County line will begin next year and will come on line before some of the other segments. B. A copy of the budget was provided. C. Bill asked what has been to paid thus far to W~lson/Miller Per Dayna the original contract is S18,500. D. Bill asked Dayna to sum up for the record, where are we with this project Dayna stated the engineering aspects and criteria must be resolved. E. Russ stated that there have been changes to the auto CAD drawings, which brings the total to approximately S22, 000 Sheda stated that the County would need something in writing. Russ stated that the application for a permit would be done in house. February 8,1999 Minutes Page 2 of 2 1 New Business A. Crystal suggested that an announcement for this meeting should continue to be made on Channel 54. Sheila will follow up on this. Adjournment Meetin9 was adjourned at 5:45 p.m. The next meeting will be held on March 8, 1999 at 4:30 p.m. at the Golden Gate Community Center. O00000000uGO0 O00000000~DO0 000000000000 qqaaqaqqqooo oooooooooooo .00 CDO 00 CD 0 CD ~ 00 000000000 ~ 00 "TOO ~ o n, o ~ ~ o ~ ~ ~ .~ ~ 000~000 000~~ 0 0 0 0 C',J ¢4 0 CD 0 0 (D 000 000 00 '~.~ 000 ~<o 000 ~ 00 '0 ',.3 '2- ..\ RI!5;OI.[/'I ION l)li('l...\l),lN(j ..\ NI!i:[) I.()R :\N [:I)l '('..VI I()N..\I. F..\i'II,ITI[:..c, :\[/TIIOI~,ITY TO Ft 'N(' I-I()N IN ('()1.1 II..R ('O1 :N'IY I:I,()ILII)A: ..\UT} 1()l~,I7,1Nr, i TI I[( ..\[ "1 } I()RITY 'I () I R A.'x'5;.,\("l I.',[ '5,1Nl!S.'q ,.\N[) I!XI{R('I.qI{ I'()\\'I{RS [:NI)I{R TI Il{ ..\(' I; I)I'iSI(;NA I IN(i ..\Xl) .,\I't'OI.',,'TIXG Till! ?,II!MtlF, R.% 'l'ltfillli()F: I-:FFf.:('TIVf( I),,\'I'I! \Vt I ILRI'~:\.~. pursuant to Sections 243.18 through 243.4h. inclusi,, c. Florida SI;IlulCS, (dcsi?atcd as Thc "t tighcr Educational Facililics ALllhorilics l,ax~" and r,:l'crrcd h~ hcrclll ;l% Ibc "Acf') thcrc has bccn crcalcd hv thc Florida I.cgislaturc a hmty c(~rp(~r;~Ic Hill] lmlitic to hc kn,)wn its lilt "C'ollicr ('Olllllv ILth{c;~tional l:;Jcililics Aulhnrilv" lJlcrcill;ll'lcr, thc "ALIIhtH'iI?'): ilrlt[ WI tf!1~,l!.-\5. Ibc .,\ull'mrilv. un,,lcr thc forms ol'lhc ..\cl. cxcrcisc ;rev pox~ cr Lmdcr thc AcI unless thc tM:u'd ol'('nlllllV ~lhc "Bo;trd"l shall declare thz~t there ~s u nccd ('OIIlIIV; \Vf ti'il), t:..\.',;, Iht ['Mi~rd hv this resolution I'~c]'ch,. dclcrmim..s Ihcrc is .-\uthcu'it v to N()\V '11tf..I-~t!I.()RI! BI( I'1 t,[l!.'-i¢)l.\'l.I)I~'~' IIif! I~()..\I),[)(~)1. ('()1 'NI 5' ('().XlXlI.'-i5I(')Nf!P,.% (')1: ('()1.I.I1!1), ('()1 '.N"l h' th;~t: 1. 'Ibc fh~ard hcrch:' I]mls lhal lhcrc i:, ~l slmrtugc ol'cdLlca~i~mal I';Icilillcs al insliluti(ms t~r higher cduciltmn las dclincd in thc ACll in ('nllicr ('~tllll,,'. ;tlltJ lhCl'C cxisls anccd ll)r an l~duczit]oni~l F;~cilitics Authorih' m I~mcliml in ('oilier ('om]tv. I:lorid;~. Accordingly. Iht ('ollicr ('ount~ f~(tuc;ttional Facilities is hcrchv authorixcd ami cmpo~ crc<t to l[illlSilCl illlV illld alt busincss and to cxcrcisc any and all pou, crs authorixcd hv thc Act fi~r ;m cduc;~tion;tl fi~ci]itics aulhorilV as Scl I~rlh iT1 ibc ACl. [Ilc l'ollov, in~ pcrs~.ms, c;~ch ~l'v, lmm arc rcsidcnls :md clcchu's ul'('nllicr ('~)lllll','. :.:[ltl ;~l ]cast one ~1' ~,', hon't is :.! Iruslcc dircclor, tq'l]ccr, or employee ~l'iIll il~t',llltllit)ll liar }lit:her cthzcilliCm ;is dclincd in thc ..\cl./u'c hereby i]l~poi~llcd to serve ils lllClllbCl'~ of'Ibc ,'MIlhOl'i~v liar thc terms scl lbrth hcsidc their numcs, umJ this rcsolulion sh;~ll For a lcnn of l]vc ,.'cars: .I.R. l luml'~hrc.x J:or ;t ICl'Ill oJ' J'OHr ',.'el. irs: l~,arbara l~,{~scnbcr,~ For a ~crm of fl~rcc years: Alice ('arlsnn [:O1' a ICI'I~I Oi' tWO ycilrs Ross ()hlcx For a term nfonc vc;u' John A?clli 000000000000 000000000000 oooooooooooo 000000000000, 000~000 000~~ 0 t~ CO 000 0 CD 0 O~ ? 0 0 :ED 0 0 0 0 0 0 0 0 0 n'" n 0 mO (DOC) Radio Road MSTU l~evenuc Ftutd 150-16254,5 [:cbrtiary 1999 OBJECT CODE 311100 311200 489200 489900 989080 LAST YEAR EST REV REV REC'D REVENUE TITLE 97/98 98/99 98/99 CURRENT AD VALOREM TAXES 234,662,40 DELINQUENT AD VALOREM TAXES 0.00 CARRY FOREWARD - GENERAL Q00 NEGATIVE 5% OF ESTIMATED REVE¢4UE (11,700.00) INTEREST - SBA 0.00 264,500.00 229.509.90 0.00 009 206,900.00 0.00 (13,900.00) 0 00 5,000.00 2,958.85 REVENUE SUMMARY 222,962.40 462,500.00 232,468.84 Page 1 1 ,-\ [~,[:,.SOI,(;'FION DI!('I..,\I4I.N'C~ .,\ NIilED [:()l>, :\N [:l)l '('.\'I I( F:\CII.ITIlLS .,\[.;TI t()[{l'I'¥ TO [:l;,X'('TIO.X.' IN ('()l.l.[l!14 ('¢)1 'X'I 5' l:l.()l~,ll)..\: ..\I;TI I()P, IZ.I.N'( i 'l ltl! :\t.'Tl t()P, I1 h' 'I'( ) I~,[ 'SINI':SS ,.\ND I{XI':P,('ISI{ I~()\\'[{1¢,.5 I;NI)I{R 'I'1 ti{ .,\(' I': l)l'.Sl( iN.-\ I l.X'r; ..\.X,'D ,,\I'I'OINTIX(.~ TI II! ,\It!.MISI!I.~.% TI 1151<I!OF: l'I<()\'lI)[N(i I:.}:}:t:,CTIVI! (designated as the "1 tighcr Educational Facilities Authorities I.aw" uml rct~'rrcd I~ herein as thc "Act") thcrc has }~ccn crcatcd by thc Florida I.cgislaturc a }~ody co~omHc and polilic I(, }~c k~(~x~ ~ as ldo "C'ollicr ('Otllllv [~ducalionrH [:acilitics ,,XtlthOrilv" (hcrcinalicr. thc "..[tllht~ril?"): ~llld \\'I l[!l~ li..\S, thc Authority. under tile ICI'IllS Of the .,\cl, m~lv Ilot lr;tlls:lcl :lily business {~r exercise ~H]y i~{~x~cr umlcr thc ,.\ct tmlcss thc [l~ilrd off('t~tllllv ('ommissiollcrs ~l'('~lticr ('OHtllv {thc "lloard"} shall dcclarc that there is anccd Ik~r thc :Xut}loritv t~ I'uncti~n ~ ithi~ ('~llicr ('OtlllJg: ~tlld \VI II(I{t!,.\S. Ibc ltom'd I,x' tills rcsolulJ,m hcrcl~v dctcrnlincs there is anccd liar Iht ,,\uthoritv to function. '<O\V TI t[!R[![:()I{I! f~I~ IT I{I:.S()I.\'t!I) t~h' Tt I1! I~O.,\I4I) OF ('()1 CON1NII.%.SI().WI!ILS OF ('Ol.I.II!t~. ('O[.;.WT5' th;~t: I. Thc lloard hereby l]nds Ihat there is zl shortage ,~l'cdt{c~li,m::{ !~cililic~ ;~t tbr :m l{ducational l:acilitics :~uthoritv to I'tltlClioll ill ('ollicr ('Otllll)'. Florida. :Xcc~rdingly. thc ('oilier ('ounlv l:ducational I:acililics is hereby ;luthL~rizcd alld cmpo~crcd lo ll'iJllSilC[ ;lll~ itlld all busincss and to cxcrcisc any and all po\vets authorizcd by lhc Act for an cducatio~lal I~lcilitics authority as scl IBrth in thc .,\ct. 2. Thc l}Hlowi;~4 persons, c~tch {~l'x~ horn and ~t lc:~st one oCxx horn is a trtlslcc director, ol'liccr. ~*r employee ol';lI1 immtitulion I~r higher education as del]ned hi thc ..XCl. iH'c hcrcby app()inlcd t~ serve :is mcmhcrs ol'thc .,[ulhorilv liar Ibc terms set f~rth }~csidc thcir n:tmcs, am~ this rcs~luli~n sh:~ll cons~ilutc appoi~Hmcnl I~r such mcm}~crs: For a Icrm o1' l~vc vcars: .I.1¢. l lunll~hrc), [:or a tcrm o1' £our vcars: il:u'b:lra Roscnbcrg For a lcrm of three years: ,,Xlic,: Carlson For a lcm~ (~l'two years [~o~s ()tMcv For a tcrm of one year John Agnclli 3. This RcsolutioI~ shall lake cFFcct immediately upon its P..\SS F.I) m~d .'\doptcd th~s ~ ")~tf:~v oF :xl~rch. 1999 161 .,VI'TI!ST: Dv,'ight 1!. Brock. ('lcrk Dcputy Cl~rk s '; "..i,:,4'~r,; c.,~ ! .. C'OI.LIF. R ('OL.:N'I Y. FI.()I~,II).,\ I/'f ITS I~O,.',,P,I) OF COt ;NTV COMNII$$1ONtip, s [$ F..-\ ~ .] Haples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 ~912501 578415&3 0SP-98-1 NOTICE OF P State of Florida C~nty of Collier Before the undersigned authority, personally appeared B. La~o, uho on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Neus, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising ~as published in said ne~sl~per 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 n~epaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the mttmched 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 OH: 03/07 AD SPACE: 62.000 INCX FILED ON: 03/08/99 Signature of Affiant Suorn ,o and Subscribed b,fore ,e this----:---'"" day of Personally known by me "' _~% C'~(~ I " ' i~ '~ ' ' NOTICE O~ PUBLIC H~ARIt,IO Notice I$ h~eby given ~ ~e ~d of C~ he~ln~ on TUESDAY MARCH 23, I~, n ~ ~dr~m, ~d m~f Cenle? 3301 E~f T~lomt Tro I, F)~I~. The meefl~ er Petition OSP-9~. r~esfl~ ~r~ of OH.Sl~e Parking Lo~ 26 ~ ~e wes~ I/2 Invffed to ~end, ~ regis- ter to ~ O~ ~ ~ t~ ~ which rectal In- BOARD OF COUNTY COMMISSIONS COLLIER COUNTY, FLOR~A PA~ELA S. ~AC'K I~, DWIGHT E. BROCK, CLERK By:/s/LI~ 5feefe, D~u~ Clerk (SEAL) COI.I.IER COIiNTY FI.ORll).-\ REOI~ESI' I.'OR I.EGAI...\I)VERTI$1.'~'G OF PI'lli. IC IIE..\RI.XGS 'tm CIc,.k m fhc Ilo;u-d: Ple;l~e place lt~e [,,Ih,~ in,., ;l~ a: XXX Normal leual .-\d',crtt,cmcnt IDispla) ..kd',.. I~alU'm. c;z ) -7 ( 31hc~ Orlt!HI;ilil ~' [)C"~I' [)t', Petlt~on .N'o ( Il' none. ?,. c brief dcscr:puon r ().<.P-'~×- I P¢litioner (N;mle&..',.,ddres~,l Xlr Da\id Sn¢od. Kuhhnan hntnnccrmp. 2,,4' [),~.,],]~l,.d ',:q'dcsFJorhla l!lI,: Name & Address of ;ltl) pcrsonls~ lo be notdScd b.', ('fork's Off'icc Azar Gallon-. ':s') .-\~q~ort Road Soulh. Naplc~ f:lor~da ~i Itu }fearin,, befor.~ XXX [2CC [IZ..\ edict / Requeslod l!c:lrlrlg d.uc ~ -'"~z'~ / 2.. -, . . .... _,..~ . P,;l%'d oil .!.4\cr:l'~ClllC:l~ ;(XX Naples Dalh >,'cv,~. Olher Az;Ir GarterS. requesling ;lpprov;fl or Off-Fire Parkmt: ;n POIIIS,.21II,i A,\ Cllllt.' OII l.OI .'~f, ;IHd IRc ~,t t.'M ': o1' [,(,I 2J~. I'Hock Ii. Naples \'ill:ts. lo sene Ih¢ c\isllilg bllsliicsfi ]oC;llCd ill ').~') ColllpillllOll p~IIIlOllls), l[:lr17, ,'C propo'.,oJ h~.]lc I 1 3-I 3,'q3 1 2-,',4,)I In '~ ..., Rcv,c',,cd b, , . ;;~i~, ',, , 7--%T.,-- 0 ,! Dn'~s~on List DISTR lilt'TI()',,' INWI II I'('TI¢)X.q Forhcarin,.,~hcf, u-ell('C,)r IIZA: Inili;~linL, l)cr~onlocmnlllutcunt, cn) andolll;lin I)i~id~m IIc;nlappro~;dl)cf, u-c sullnfillink, In COllnl) .M;ma,~,cr. Nmc: If legal doclllllenl i~ inv~dvt'd, be ~ur¢ Ihal ;ltl) llt'Ct'~,s;lr) Ic~;ll review, ~r requcsl fnr same. i~ ~uhmhled lo Cmml~ .'~llOl'llCV ]lC[Ill'l; ~uhlnillinz lu Omni\ Manager. Thc .Man;u,cr'~ nfl'icc ~ill diqribult, chi)lc< · . ~ (Jounl? ,~,{;inil,.,er ;l~Clld;I flit': Cle,'k'.~ Office I ~ Rcqueqin,z Di\iq,m __j (),'i~in;d Oilier hearings h:umhn,.z )l: ~,don head Io ;ipF, rox,.: :~nd *,ll[;lllll (lllgl:l:l] lo Clerk's ()fl'~:.e. rcl;umu.,.2' a coil.', for file Fi~X ~ OF PA~I~ ~ (I]~ILUDIlqG TI=l-rS COVER) ~ :._____ PAM PERRELL NAPLES A , 263-4703 . FRCI~: LISA STEELE LOCATION: COLLIER COUNTY COURTtt0USE FAX NO: (941) 7~4-8408 PHCINE NO: (941) 774-8406 February 5, 1999 Ms. Pam ?errell Naples Daily News 1075 Central Avenue Naples, Florida 3-1102 Re: 0SP-98-I Azar Gallery Dear Pan: Please advertise the above referenced notice one time on Sunday, March 7, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 I?A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY MARCH 23 1999L 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 OSP-98-1, David Sneed of Kuhlman Engineering, representing Azar Gallery, requesting approval of Off-Site Parking at Poinsettia Avenue on Lot 26 and the west 1/2 of Lot 25, Block B, Naples Villas, to serve the existing business located at 989 Airpor Road South, in Section 1, Township 50 South, Range 25 East. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 COU/qTY COMMISSIONERS COLLIER CO~TY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMA2; DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) February 5, 1999 Mr. David Sneed Kuhlman Engineering 2647 Davis Blvd. Naples, FL 34104 Public Hearing to Consider Petition OSP~98-1 Azar Gallery Dear Petitioner: Please be advised that the above referenced oetitlon will be considered by the Board of County Commission%rs cr~ Tuesda>,, March 23, 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 7, 1999. You are invited to attend this public hearing. Sincerely, Lisa~==_~_,~=~= Deputy Clerk Enclosure 17A February 5, 1999 Azar Gallery 989 Airport Road South Naples, FL 34104 Public Hearing to Consider Petition 0SP-98-1 Azar Gallery Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 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 7, 1999. You are invited to attend this public hearing, Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION 09- lyA RELATING TO PETITION NUMBER FOR OFF-SII'E P.'\RKIXG ON IlEREINAFTER I)ESCRIBF_D IN' ('OI.I.IEIi COUN'FY. FLOP, IDA. \VItEREAS. thc Legislature of the State of Florida in Chapter 125. Florida ,";talules, has confe~ed on all counties in Florida the power to cstablish, coordinate and cnR~rcc zoning and such business regulations as are necessa~, tgr the protection or' thc public, and WHEREAS. tim County pursuant thereto has adopted a I.and Development Code {Ordinance No. 91-I02) which establishes regulations Ibr the zoning of particular geographic divisions of thc County. among which is the allowance of of Cs{to parking, and WHEREAS. the Board of Zoning Appeals. being the duly elected constituted board for Collier County which includes tl~e area hereby al%ctcd, has held a public bearing after notice and bas considered the advisabiliw of off-site parking as shown on ~he attached plol pial~, Exhibit 'A". in an RMF-6 zone for the prope~y hereinafter described, and has I~mnd as a matter of fact that sat{s factoU. provision and a~nngemenl have been made concerning all applicable mailers required by said regulations and in accordance with Subsection 2.3.5.3, Seclion 2.7.5 and Division 3.3 of the Collier County Laml Development Code. lbr fl~e uninco~oratcd area of Collier County. and WHEREAS. ail interested pa~ies have been given opponunit~ to be beard bv Ibis Board in a public meeting and ~he Board having considered all matters presented. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County. Flo~da. that the petitio:l filed by David Sneed of Kuhlman Engineering, Inc. representing Abroad Mirziai with respecl to the property t~ereinaficr described as: Lot 26 and the west V~ of Lot 25. Block B. Naples Villas. as recorded in Plat Book 4. Page 7. of the Public Records oFCollicr County, Fiorida. be and the same herebv is approved for ol'i:sit¢ parking as shown on tile attached plot plan. Exhibit "A". of the RMF-6 zoning district wherein said property is located, subjecl lo the Following conditions: al Prior to final site development Plan iSDP) approval, an Off-site F'arking Agreement shall be approved by the Board of County Commissioners and Ibc applicant shall bear thc cost of recording the restrictive covenant and off:site parking agreement in tile Public Records of Collier County. and si'roll provide the doct,ment when subnfitting tile final SDP lbr approval. -2- I?A b) Lighting shall be dcsigncd to shield streets and all adjacent propcrtics from direct glare, excessive light, and hazardous imcrfcrcncc with automotive :md pedestrian traffic. c) Thc petitioner shall submit a final site development plan in accordance v.'ith l)ivision 3.3 of the Land Development Code (LDC). d) Tile proposed parking lot shall be surfaced with asphalt or concrete and striped accordingly. c) A 15 foot landscape buf£cr strip shall bc provided along thc residentially ×oncd property. This is to include a fence or bcml as required ira Section 2.3.4.11.4.(g) o1' the Land Development Code. No access shall be provided from the off-sitc parking Lot 26 and thc wcst V'2 of Lot 25 to any adjacent residential street. The access shall he as shown on tile attached plot plan. Exhibit "A". BE I1' RESOLVED that this Resolution relating to Petition Number OSP-gS-I be rccordcd in the minutes ofthis Board, This Resolution adopted after motion, second and majority vine. Done this (la',' of . 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APt'EALS COLLIER COUNTY. FLORIDA PAMELA S. MAC'KIE. (.711AIRWOMAN ,.\pproved as to Form and Legal Sufficicncv: Assistant County Attorney f OSP-')g-{ RESOLI :'lION 17A l't I!S'I'R I('TI\'I! ('OVliNANT ANI) f)l"I"-Sl'l'li Ib\RKING AGIU:.I:.MIiNT 'l'h~s ..\grccrncnt ts made and entered m~,~ ~t~-/ ~ I/5 day ot~5[b-, _. 1999. by and hctx~ccn Abroad Nhrzlai.. and thc ('olhcr ('oumy l~ard of( ',tartly ('ommissmncrs (thc "l~nard"). RI{('I I'ALS WtlERIL,~S. l'ctitioncr ~s thc owner ,,1")~')A,rport R,,ad Sm, th, Naples. Florida (hereinafter thc "subJect propcrty"), more particularly described as: I.m I Block B. Naples Villas. as recorded m Plal Book 4. Pa~c 7. ~f l}~c Pubhc RccoriN of( 'nlhcr ('ounty. Florida: and WI tILRILAS, thc l'etmoner wishe~ h} opL'r;llC ~d't'-$1tC parking I~ICIIIIICS (Ir1 J;llld Ill(Irc part~ct,hu'ly dcscrfl>cd a~: l,m 26 and thc xkcst ': of [,m 23. ~apJes V~llas. recorded m I'lal Imok 4. Pagc 7 iff {}~c Pubhc Ret rd~ of ('oilier County, t"h)rMa comprised of RM[:-6 zmnng: and which pcdlioncr and W~ II(REAS. tl~c proposed ofl:s~te parking does not advcrscly m~pact Iht characler and quality thc neighborhood, nor hinder thc proper future development of surrounding properties: and WIIERIL.XS. thc proposed fff-<]lc parking ,~ m contbrmancc with all of lb0 crilcna set Ibrth m Section 2.3.4.11.6 of the l.and I)cvclopmcnl ('ode: and W[IILRIL.,XS. the proposed oflLsile parking will provide twenty (20) new parking spaces which will serve m provide the necessary parking fi~r tile subjecl property: and WIIERE,,XS. thc lloard oFZonmg Appeals has passed Rcs(flutim~ Nu, 99-]_~ attached hereto as Exhibit "A". relating to Petmon ()gl'-OS. I. al~lmWmg hc prop )~cd m'l'-s~te parking. NOW. '['tlI(I/I~FORE. ~n cm~sMcramm d~crcm', thc Pctitiuncr agrees m his capacity ag linc owner of thc subject property as well as the ox~ ncr ~d' Ibc property x~ h~ch xvill provide the off-sile parking: i. 'lhal thc above rccmds arc Iruc and correct and incorporated hereto by rct~'rcncc, 2. That thc proposed off-site parking areas shall never be encroached upon. used. sold, leased, or conveyed fi~r any pu~osc except fi)r thc usc I11 cnnjunclmn with t]1¢ sub3cct prt)pcrty and used sn long as Ibc ~dT-sgtc parking tSCl]llales arc required arid lhat l}llS Agreement corlsllltllcs a restriclivc covenant. 3. That the pctitxmcr shall bear d~c expense t)t' recording thc Agrccmcnl m file ()l'ficial Records nf( 'olhcr ('ounly which shall brad thc property owner, h~s hc~rs, successors and assigns. 4. 'lha! thc petitioner ab~dc by all t~£ thc ct~nditions antl stipulations described in tile Resolum~n No. 99. 178 and by thc Site l'lan noted as Exhibit "A" attached hcrclo ;md mcarporzttcd by rcl'crcncc hcrcm. 5. '['hat all of the requirements Ik)r a ll~ard of Zoning Appeals dctcrmmalion fi~r parking rclk'rcnced in Pclitioa OSP-98-1 have hccn met and appr{wcd by ['fanning 6. *[hat this Agreement supersedes and mmlll~cs 11117 prmr l'arking Agrccn]cnt wh;ch may property which will serve its Ibc ~d'Iks~Ic parking 7. That Ih~s ;~grccmcnt shali remain m li~ll three and ct'l~'cl unless and tlnl~l Iclllltll;tlctl thc Buard. X. '1 h:~l i}:~s Agreement shall hc vmdcd hv Ibc II{~ard if mhcr off-site parking facilities arc prm'Mcd m :~ccordnncc ~ ttl~ thc rcqmrcmcnts ol'lhv~sum 2.3. t)J'lhc [.and I)cvch~pmcnt ('rotc. Agrccmcnt 5hcct. thi, Rc,mct~'c ('mcnam and ()flLN~tc I'arkmg Agrccmcnl sh:tll bccomc void and no cl'l~'ct and thc J'clmoncr shall hc required lo crnfi~rm lo all zoning rcguhmons as ctmlaincd m Collier (hmntv l.and I)cvclopmcnt ('ode. tN \VI'i'NI{S.q \\'I II~RIiOF thc part~c,~ I~crcm have ,;ct thmr hands above wrlth..n. .ATrILST: I)\~,'[GIIT/J:,. IIR()('K. Clerk / Witncsscs: - Approved as 1o }:urm and [.cgal Sul'J~cicncs.: Marjor~e M. Assistant ('ounlv hlO..\RI.) (.)F ('OtJNTY ('OMMISSI()NIiRS ('OLLI}'LI,L COUN'I Y, I"I.ORII)/,, I'AMIiI.,,\ S..M:\(" KII(. I'h'I'ITIONI!t~, ANI) ()WNliR ()1: I.,,\NI) l/P( )N \VIII('II OFF-S[TI.; lb\ ),I,[INQ :/\('II I I'll:.'q A t),t': 'l'O4~'; I.OCATI!I'~: j ' " Abroad Mirzlal lTA RF. SOIAJTION 99-_..[Z~- R F.I.,,\TI NG TO PI{TITI()N NUM [/F.R OS1'-08- l [:OR OFI:-SIT[-~ PARKING ON Iq~OPIiRT'i' t IERI'~INAF'I-F.R I)I'2";CRIBF. I) IN COIJJEP, COUN'F'~'. [:LOR. II),,\. \Vi t EREAS, thc Legislature of tim State of Florida irt (;haptcr 125, Florida Stalutcs, has confi:rred on all counties in Florida thc power to establish, coordinate and cnfi~rcc 7oning and such business regulations as are necessary for thc protection of thc public, and WIIERE..XS. lhc Coulllv pursuant thereto has adopted a I.and Development ('ode (Ordinance No. 91-1f12) which establishes regulations fi~r Ibc zoning of lXU-licular get,graphic divisions of thc County. among which is thc allowance ofoflzsitc parking. WI fERIL.XN. Ibc Board oF Zoning Appeals, being thc duly elected constituted bo;mi Collier County ~Nhich includes thc area hereby altZ'ctcd, has held a public hearing alicr notice and has considered thc advisability oF oFINsitc parking as shown on thc attached plot plan, I~xhibit "A". in an RMF-6 zone tbr thc property hcrcinalicr described, and }las Found as a lltal, lcr 0~' that salislactory proxision and arrangcmcnl have hCCll Ill[tdc concerning all applicable matters required by said regulations and in accordance with gubscction 2.3.5.3. Section 2.7.5 Division 3.3 el thc C'o]]icr County I.and Development Code. for thc tmincoq~(mdcd area of Collier County, and WIIEREAS. all intcreslcd panics I~avc bccn given oppo~qunity to bc heard by Ibis Board in a public mooting and thc Board having considered all mailers presented. NOW TIIE[{EFORE BE I'F RESOI.VI!D BY 'I'IIE BOARI) ()F ZONING AI~I'EAI.S Collier County. Florida. that tl~c pclilion filed by David Snccd of Kuhlman Engineering. Inc. rcprcscnling Ahmad Mirziai with respect to d~c propcmy hcrcinal~cr described as: Lot 26 and d~c west ~'~ of Lot 25. ttlock B. Naples Villas. as recorded in P}at Book 4, Page 7. of Ibc Public Records of Collier Coullty. Florida be and thc same hcrcbv is approved lbr ofl'-sitc parking as shc, wn on tl~c attached plot i',hm, Exhibit ".,V'. o1' thc R.MF-6 zoning district wherein said propcrty is locatt'.d, sub.it:ct to It~c following condilions: Prior ~o final site development Plan (Si)P) approval, an Off-site Parking Agreement shall be approved by thc Board et" ('ount.v Commissioners and the applicant shall bear the cost of recording the restrictive cc~,,'cnant and ell:silo parking agreement in Iht Public Records of' Collier County. :.lnd shall provide tile doctintcnt when subrnilthlg thc final SDP for approval. lTA b) l.i~i~Ling shall he dcsi?cd to shield streets and all ad.iacent propcrlics from dirccl ~larc. cxccssJv¢ h~ht. and hazardous intcrfcrcnc¢ with ;mlomoliv¢ and pcdcsl,'ian ira fl]c. c) Thc petitioner shall sul'mfit a linal silo development t',lan in accordance u.'ifl~ Dix'isinn 3.3 of thc Land IDcvclopmcnt Code (I,I)C). ti) Tile prop~-mcd parking lot shnll be surfaccd with asphah or concrete and slripcd accordingly. c) ,.\ 15 foot landscapc buffer strip shall hc provided along lt:c rcsidcnlially :,'oncd propc~y. Tiffs isto include a l~nccor berm as required in Scclion 2.3.4.II.4.(g) of thc l,and Development ('ode. F) No access shall bc provided Ii'om tl~c off-site parking Lot 26 and thc west 55 o1' l,ot 25 to any adjacent residential strccl. Ti c access shall be as shm~n on Ibc :lllaci~cd plol plan. Exhibit "A". BE I-I' RESOLVED that Ibis Resolution relating to Petition Number OS1'-98-1 bc recorded in the minutes oflhis Board. This Resolution adopted after mntion, second and m~jority vote. ~ ~;c darter ,' ; ~,;,,'t. 1999. Done A'FTEST: DWIGt tT: E. B ROC K, Clerk Approved as lo l:onl~ and I,cgal Suflicicrlcv: Marjor/~ M. Sludent Assislant County Attorney BOARI) OF ZONING ,,\I't'f!AI,S COLLIEP, COUNTY. FLORIDA IL'\MEL.,\ S. M,'XC'KIL:, CI IAIRWOMAN I'¢)S1'-9~-1 RI S()i t;l I(}N lTA OR' 2532 PG: 22?2 Naples Daily Nevs tiaples, FL 34102 Affidavit of Publication Haples Daily Neus BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #912501 57843501 V-99-1 NOllCE OF PUB State of Florida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the ttaples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper 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 pub(ication 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: 03/12 AD SPACE: 94.000 INCtt FILED ON: 03/12/99 Signature of Affiant s rn to and Subscribed before me this day of tlOTICE O~ PUBLIC HEARING tloflce tS hereby that the 80~rd Commissioners of COIli~ C~, will hold O he~lng On TUESOAY, MARCH 22 1~9, C~l e~ C~ ~vern~ lent Ce~er, 3301 East Tomlaml Troll, N~I~ Fl~ido. The meetl~ wi hln ~ 9:~ A.~ · B~rd will c~sld. er Petition V.99.1 Rlch~d D. Yova~vlc~ J~n~, P.A repre. se~ ng C~sfo Bever. o r, Lid., request)~ o )~,8 f~ v~nce ~e re~lred ~0 ~ v~d se~ck ~2.2 fe~ f~ pr~e~ m~ed ~ 4747 Pro- ~scrl~d ~ o R' o~shmp 49 a~e 25 E~f. ' NO~: All ~r~s w~- Ing~ ~anv ~ Hem m~t register wl~ P~IOR ~ ~ese~l~ ml~ m an~ Item. T~ e~o~o~d, If by the Chalr~ ~ ~nlz~lm may h~e ~lffen ~ ~hlc ~eKIol$ l~luded In muir su~lt ~ld m~erlol o minimum of ) weeks pr~ fo ~ re~ve public hearing. In le~ fo ~ c~$ldered b~ ~e ~rd $~11 ~ sub. m~ed ~ the ~r~rl~e ~ staff a minimum ~ seve~ ~vs prt~ fo public he~lng. Al; ~eKI. al u~ed In Presenf~l~s ~e rec~d. Any per~n ~o es ~ ~Pe~ a decJ$1~ ~e 8~d wild need o re- c~d ~ l~ pr~ee~t~ peHalnlng fherefo~ ~ ~, which rec~ Clu~% ~e fesfl~y ~ evidence ~ ~)¢h BOARD OF COU~TY COmmISSIONER S COLLIER COUNTY, FLOR~A ~A~ELA S. ~AC'KIE, CHAI~N DWIGHT E. BROCK, CLERK BY:/~/EIIle H~, ~c~ lTB (~3~CZ,~ TZ~S C~) NAPLES DAILY NEWS ]~C) :_____..~?0 3 ELLIE HOFFMAN FAX ND: ~ 7~4-8¢08 PHON~ NO: 1~41) 77~-8~06 February 16, 1999 Ms. Pam Perre!l Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V-99-1 Dear Pam: Please advertise the above referenced notice one time on Friday, March 12, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 178 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY~. MARqH 23L 199~, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3201 East lamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-99-1, Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., representing Coastal Beverage, Ltd., requesting a 17.8 fool variance from the required 50 foot front }'ard setback to 22.2 feet for property located at 4747 Progress Avenue, further described as a port,on of the NE 1/4 of Section 36, Township ,19 South, Range 25 East. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prio~ to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged, if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic ma~eriais included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF CO~{TY COMMISSIONERS COLLIER CO~TY, FLORIDA PA/4ELA S. MAC'KIE, CHAIR%';OMA~N DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) February 16, 1999 Mr. Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition V-99-i Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 23, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, March 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure February 16, 1999 Coastal Beverage, Ltd. 4747 Progress Avenue Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition V-99-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of Count}' Commissioners on Tuesday, March 23, 1999, as indicated on the enclosed notice. Yhe legal notice pertaining to this petition will be published in the Naples Daily News on Friday, March 12, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RE.'<,OI.[ 'TI(}N N(). ".Vili!RE.',,S. thc [.c'.-'~slaturc c,f ;i~c Slate of Florida in ('haptcr i25. ~ iorida 21;,utcs. ]Las COll)'C~ett o)1 aJJ Ct~tHlllcs l)~ FJorit~;1 tJlC po~vcr Io c~labJish, co~u'difl;llc ;llld ctlhqcc /o11111t~ ;l]ld such bllSlI1OSS regulations as arc ncccssa~' tbr I}1C prOlccl]Oll of 1}1C public: and No. 91-1(C) ~hid~ establishes rcgt]lal]ons Ibr thc ,'orang ol' parucular WI iERIiAS, thc Board of Zoning Appeals. being the dt]]% dotted ctm,l~tutcd Jloard of Ibc area hcrchv aflkcicd, has held a public hearing aider not~cc as in saltt regulations made and prnvidcd. and has c,msidcrcd thc advisability of a l 7.S-thor ~anancc I?om thc rcquircd property }lcrcmaI~cr dcscrJbctl, alkJ Jlds Ibtilld as ,l I;;;litcr o1' l}~cl thai NiIIIsI]LClOrv provlsiol~ ;Hid a~angczncnt have boon made ctmccrnmg all appJic;~blc realtors rcqmrcd by aCcortlilllCc with Ncction 2.7.5 o1' thc /,ming Regulations of said l.arld DCVCJOl~TllO)II ('OdC t}~r thc unincorporated area o (('ollicr (7otmly: and W} t[!REAS, all imcrcstcd parties [lave bccn g~x'cn opportunity tn hc hc.,:d by this Board in public mccting asscmblcd. ;tlltJ thc Board J~;iv:ng cons]tiered all maucrs prcscnx'~!: 5OW TIIEREFORE BE IT RIiS()I.VED BY TIlE IIOARD Collier County. Florida. Ih;il: Thc l'ctition V-9')-I lilcd Iw .kit. R/chard I). Yovanovich ol'(Modlcuc ('~,Icm;m & Johnson. P.A..rcprcscnl~ng('oaSlal Bcvcragc. iAd..,aith rcspccltolhc propcrlyhcrcinaltcr described Exhibit be and thc same hereby ~s approved Ibr a 17.S-flint ~ ariancc I?om thc rcqmrcd l:~ll yard soft, ack of 50 I}ct lo 32.2 foci as shown on thc allachcd plol plan. l~xhibit "A". of thc Imh~s;n:d Zoning l)islricl whcrcin said property is Iocalcd. subject to Ibc lbllmving conditions: Tiffs '.'ar~:mcc shall only apply to thc slruclurcs idcntilio, l on thc atI;~,:i~cd plal plan I Exhlbit "..V'I. B,r! H' RL:SOL\'ED Iha~ Jhis Resohmon r¢lalin~ to PcI~t~on Number \'.,;,~.1 i~c rccortlcd in .,\TTI!S'F. I)\VIGIII E. [~RO('K. Clerk ll(),,\t.[[) ()I.' ZONIN(i .'\l'l't!..\l.S COLI.IF.R ('OUN'Th'. Fl ('}Rll).,\ :\pprovcd it:,:, h'~ i",lr!ll a!ld [_t2g:tl .'Sit~t'Ilcicncv: .Marjodc ?,l. SltitJc~lt Assistant ('Otllll',.' .,\ltc~rncv gg ~, I [ Yf.A.~I. MI_N" ' I " 0 ',.a ;';,~;..-~. ,' '~ h~ .... .~''. - r c . '"' -' '' C.R 464, PO$ 32B-33z. ' ~~ ¥ P O.B .... ' ¥ . ~- ~ 0 ~ / ',',' C- - ~ ' L,~;DS PECCPDED ih C P. BJOK =ASES '202-'208 · _':8 ' /'; CORNER CONC. MONUME!i T, .. Descriptionn of parcel located in part of the northeast l/4 of Section 36, Township 49 South, Range 25 East, Collier County, Florida (Naples Production Park, not recorded) (For Zd McNamara) (Parcel 1) (Revised 3-20-91) All that part of the northeast 1/4 cf Section 36, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00'-00'-36' East 730.00 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along the east line of said Section' 36 South 00'-00'-36' East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book !278, page 1207 and 1208, Collier County Public Records; thence along the north line cf said deed South ~9'-21 '-02' West 591.04 feot; thence North 00'-01'-50- West 1.92 feet; thence South 89'-2]'-02- west 30.00 feet; thence North 05'-2]'-05' West 381.63 feet; thence North 89'-2]'-02' East 231.59 feet; thence North 00'-00'-27' West 186.20 feet; thence North 89'-06'-30" East 425.00 feet to the Point of Beginning of the parcel herein described; subject to easements for road purposes along the westerly and southerly 30.00 feet thereof, and subject tc an easem~3nt~ for utility purposes along the northerly 10.00 feet of the northerly 425.00 feet and subject to an easement for drainage, utilities and buffer strip along the easterly 30.00 feet thereof; containing 7.43 acres cf land more or less; bearings are based on the east line cf said Section l~. being 00'-00'-36~ East. WILSON, MILLER, BARTON, SOLL & PEEK, I~. Reg. Engineers an~ Lan~ Surveyors R['iSOLUTION .~O. 99-___1Z_C~ Rt!I...\TING TO PETITION NU.MItF. R V-99-1. FOR ,.\ \',-\I,~I,.\N('t-: ON PROPI!RTY I)I{S('RII3ILI) IN ('()I.I.II:.R ('()[ 'NTh'. FI.ORII),,\. \VltER}~:\%. fl~c l.cuislaturc_ of the State of Florida in Chapter ITM->. l"h~rida ~talutcs. has conl~rrcd on ali counties in Florida Ibc pox~cr In cslabiish, coordinate itlld Cliff)roe /ollin~ alltJ such business regulations as arc necessary Ibr thc protection of thc public: and WIIERE.,XS. ll~c County pursuant thereto has adopted a l.and Dcvclopmcm ('ode (()rdimmcc No. 91-102) which establishes regulations Iht thc /~mi~]g of particular geographic divisions nt' thc County. amon,, xxlfich is thc <ramin~ o/'x arianccs: and WIIERE.,XS. thc [~Olil'd of Zoning .,Xppcals. being thc duly clcclud COllSlitulcd }loard t~f thc area hereby aflbctcd, has held a public hearing after nOlicc as in said regulations mmic and provided, and has considered thc advisability ~*fa 17.8-1bot variimcc I~om Ibc required l'r, mt yard sclback of 50 l~ct to 32.2 t~ct as sh(mn tm thc atmchod plol plan. Ifxhibit ".,V'. in an Industrial Zone tbr thc properly hcrcinal~cr described, alltJ has tbtmd as a mailer {~t' li~cl Ihat satisl}tct~u-v provision arm arrangcmcnI have bccn made concerning all ~pplicablc matters required hv said ,'cgulations aml accordancc with Section 2.7.5 of thc Zoning Rcgulations of said [.and Dcvclopmcnl ('odc tbr Ibc unincoq~oratcd area o1' Col l icr ('Otlll[?i alld W~tERE,AS. all intcrcstcd panics havc bccn givcn oppommity 1o bc Ilcard By this Board ii1 pt~blic meeting assembled, iuld thc Board having considered all mattcrs prcscntcd: NOW TIIEREFORE BE IT R[~SOI.VED BY TIlE IgOAI~D 0t: ZON NG AI'I'IbXI.S Collier County. Florida. lhal' Thc Petition V-')9-1 filed hv Mr. Richard D. h'~x:mox'ich ol'(}oodloltc ('o[cnlan & Johnson. P.A.. representing Coastal Beverage. [.Id.. with rcspCcl Io file property hcrcinaflcr described as: Exhibit be and thc same hcrcbv is approved Ibr a 17.8-lbot vari:mcc I'rom thc required 50 feel to 32.2 fcct as shown on thc altaci]cd plot plan. Exhibit ":X". of thc Industrial Zoning District whcrcin said properly is located, subject lo lbo Ibllowing condilions: This variance shall only apply to thc struclurcs idcnlifictt on Ibc attached plat plan [Exhibit "A"). 1. TB BF. IT RESOL\'ED that I/tis P, csolutiol~ rclalin~ to Petition Numhc: k':)~)-I thc minulcs of this Bourd. '[his Resolution adopted after moti,m, second and majority vole. Done this ..... day of ~'l 'l '~,, ~, . bc recorded ill ATTEST: DV'/IGt I'F E. BROCK. Clerk A~qbfovcd as to"FiSrm and l.cg:,l Sufficiency: Marjorie M. Student .Assistant CotllltV Attomev B():\I~,I) OF Z()NIN(; .,\I'I'I!,,\I.S C(-)IA.IILR COUNTY. Ft.OI~,IDA · I'AMIiI..,-\ S. M.,\("Klii. ('t I:\IRW()MAN 178 :;ii i ~'f f. AG[ M. LN F ~' ', -: ';CRHER .... ¢ "'~'~ UME !~ ;: .:','3~. :£'_tCFZ£Z :', :-:;. :~CC,' ' bescriptio~ cf parcel located tn part cf the northeast I/4 of Section 36, Tcrwnship 49 South, Range 25 East, Collier County, Florida (Naples Production Park, not recorded) (For Zd McNamara) (Parcel 1) (Revised 3-20-91) 17 }3 All that part of the northeast i/4 cf Section 35, Township 49 Soutk, Range 25 East, Collier County, Florida, being more particularly descriDed as follows; Commencing at the northeast corner ef said Section 36; thence along the east line of said Section 36 South 00'-00'-36' East 730.00 feet to the POINT OF BEGINNING cf the parcel herein described; thence continuing along the east line of said Section' 36 South 00'-00'-36' East 570.29 feet to the northeast corner cf that parcel described in deed recorded in O.R. [~ook 1278, page 120~ and 1208, Collier County Public Records; thence along the north line of said deed South ~'-21'-02" west 591.04 feet; thence North 00'-01'-50' West !.97 feet; thence South 89'-21'-02" West 30.00 feet; thence North 05'-2!'-05' West 381.63 feet; ~-hence North 89'-21'-02' East 231.59 feet: thence North 00'-00'-27' West I8S.20 feet; thence North 8~'-06'-30" East 425.00 feet to the Point cf Beginning of the parcel herein described; subject to easements for road purposes along the westerly and southerly 30.00 feet thereof, and subject to an easement for utility purposes along the northerly 10.00 feet of the northerly 425.00 fee~ and subject to an easement for drainage, utilitie~ and buffer strip along the easterly 30.00 feet thereof; containing 7.43 acres of land more or less; bearings are based on the east line cf ~aid Section ~ bein~ South 00'-00'-36' East. WII. SON, MILLER, BARTON, SOl. t. g PEEK, Reg. Engineers and Land Surveyors Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMH[SSIONER$ ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 ~131383126403 57852982 VAC-99-004 NOT/CE OF 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 Ne~s is a newspaper published at tlaples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or cap, ration 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: 95.000 INCH FILED ON: 03/29/99 Signature of Affiant Sworn to and Subscribed bef~? me thi of Personally known by me '//, ~, MARGARET J. SILLS ~ '..', :' [×PIRES: A~I 16. VAC.99.0~ NOTICE O~: PUBLIC HEARIHO Notice I~ hereby oJven that fha Board of County Commissioners of Collier C~nFt, will hold o public heorlnQ on TUESDAY, APRIL ]3, 1~9, In the B~rdr~m 3rd Adm n s~at~on Building, ColH~r County Govern- men~ Ce~er, 3301 East F OrldO The meeting will begin at 9:~ The B~rd will Con~Jd. er Petition VAC-99-~4, Io vac~e ~e 25' wide Lot 4, ~e 25' wide Lot 5 ond the re~oin. ina 12' wide acceding to ~e "Quatl Creek Plaza tn PI~ B~k 15, Pooe 73, Pubhc Rec~ds Cruller C~ntv I~ated In ~ctlon 20 fownship 48 South, ~onoe 26 Eost, NOTE: All per.ns ing fn speok On onv ogen- the ooendo item tO be od- dressed. Individual ~Peak- ers will be limited to by the Chairman, o materials included In case, ~iMen materials in- tended to ~ c~sJdered by the ~rd shall be sub- C~ntv sta~ o minimum '~ public hearing. All m~erJ. al used Jn Present. ions J 8aARP OF COUNTY CO.V, MISStONERS COLLIER COUNTY, ~LORIOA PAMELA S. MAC'KIE, DWIGHT E. BROCK, CLERK BY: /~/ Lisa Deputy Clerk (SEAL) COIA.IER COUNTY FI~ORID..\ REQUES'[ FOR I.ECAI. ,.\DVEI'CFISIN('; OF PUBI,IC I IEARIS¢;S T.: ('lerk to the B-ard: Please pi:icc the f, dhming ;is a: 17C I 5 .', 5'5 ' ()SW =.'O()D I/.,::F ,~,'~,0 II1'" ?..Vi':NUF. ?:.-\PLF. S. F!. Na:::c &,.:~... ct,-,' ' ;- "cf' at,.,., pcrsom si t,.. ~-.,:' :',ohficd b', Clc:.[:'s Office (P.' more space ~s needed, attach I) ROi:EATS iL,XRi)Y 10C.:i AiEPC>RT RO.,XI) NORTiI. SIXi'E 32 NAPLES. FL 3.1109 2: S['2~! [..Wr C F :\53U'I-I'I>CG PROPERTY O'J,'NEi~S ii.::,::::: ?c:'c, rc :':XX i~CC. Rcqt:c:qcd }!cari::g date. i;:C.\ NIARC.H.23;' 1999 .'.c', .spal:<;'(sl :o b< used ;ComFlc:c c,::i', ~:' lm;x,r:ant i Pr.p.,ed Te~t: (Include legal dctcripfion & c. mmon location & Size: PETITION VAC 99-004 TO VACAT|:' Titt}; \VIDE DRAINAGE EASEMENT ON LOT 4. T}IE 25' \VIDE DRAINAGE EASEMENT ON 1.OT 5 AND TttE REMAINING 12' \VIDE D!I. AINAGE EASEMENT ON TRACT A, ACC©RDING 'FO THE Pi. AT OF "OU..\IL CREEK PLAZA PitAS,E l" AS RECORI)ED l."C PLAT BOOK 15. PAGE 73, COi. I.IEP. COUNTY. LOCATEL) i>; SECTION 20. TOWNSHIP 48 SOUT}I. P~-~NGE 26 EAST. Com.7,1n;on, V~tlt:cr.(s~, ::'any ~ p-c. ' * D,zcs Pc::tior', Fcc -'-',,; '" , X:C<- l. ~i .c:c ,~d.c:.:~,.,,~ cost~ ~ cs ~ No If Yes, what acco,mt should ~ charged l%r aclvc~t~smg cost~; I t3-13:g3 i2-~-19030 Ap?roved bi.: . ,,., :c ....,~ ....:) Ri':S¢)I.UTIO:: Wi'F!{ ,EJ':StfBFF"A" [);','is~6:l i {-,."ad I)a:c CounLv Administrator -l)i,h, 21 I,IST OF Ai~UU t'UN(} [ ROP[Y.t r O ','~I'.RS I)ISTR IBUTION INSTRUCTIONS A. For hearings before BCCorB7~A: Initiating person to complete one cop?' and obtain Division }lead approval before ~ubmitting to Count?. blanager. Note: Iflegaldocument is involved, be ~urc that any ne¢c~sa~.w' legal review, or request for same, i~ ~ubmittcd to Count?' Attorney before submitting to County blanager. ']'he ,Manager's off'ice ~vill distribute copies: XXX Count?' Manager agenda file: XXX Requesting Division XXX Original to Cierl-"; , ,ff',ce P, C;,tSer l".e~-ings: Initiating Division head to approve and submit original to Clerk's OIT~ce, retaining a copy for file. FOR CLERK'S OFFICE USE O~"/,i: % OF PAKES-~~ (~K~mD~G T~rr.~ covE~) · ~D: PAM PERRELL NAPLES DAILY 263-4703 · l/~q~f'l~y LISA STEELE {941) 7~4-8408 (941) 774-8406 March 8, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition VAC-99-004 Quail Creek Plaza Dear Pam: Please advertise the above referenced notice one time on Sunday, March 28, 1999, and again, on Sunday, April 4, 1999. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele Deputy Clerk Acct. ~1!2-!38312-649030 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAYt 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 VAC-99-004,to vacate the 25' wide drainage easement on Lot 4, the 25' wide drainage easement on Lot 5 and the remaining i2'wide drainage easement on Tract A, according to the Plat of "Quail Creek Plaza Phase 1" as recorded in Plat Book 15, Page 73, Public Records of Collier County, located in Section 20, Township 48 South, Range 26 East. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior ~o 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, tf recognized by the Chairman, a spokesperson for a group or organization may be allo:~ted 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 n~aterials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before ~he 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 zherefore, 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 COLT.[TY COMMISSIONERS COLLIER COMITY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOM?~2.: DWIGHT E. BROCK, CLERK By: /s/Lisa Steele Deputy Clerk (SEAL} t7C ,,- March 8, 1999 Joseph D'Jamoos 13356 Rosewood Lane Naples, FL 34119 Re: Notice of Publ~ Hearing to consider Petition Quail Creek Plaza -- fz~_-99 004 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of Count'/ 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 and again on Sunda-/, April 4, 1999. - You are in'zi~ed to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure March 8, 1999 First Anesthesia Associates, P.A. 860 Illth Avenue North Naples, FL 34108 Re: Notice of Public Hearing to consider Petition VAC-99-004 Quail Creek Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 13, 19~9, 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, and again on Sunday, April 4, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure March 8, 1999 Robert S. Hardy 10641 Airport Road North Suite 32 Naples, FL 34109 Re: ].fenice of Public Hearing to consider Petition VAC-99-004 Quail Creek Plaza 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, and again on Sunday, April 4, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 17C March 8, 1999 Re: Notice of Public Hearing to Consider Petition VAC-99-004 Quail Creek Plaza Dear Property Owner: 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 and again on Sunday, April 4, 1999. If you should have any questions with regard to this petition, please contact Rick Grigg at 403-2462. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Lisa Steele, Deputy Clerk Enclosure 170 LISI' OF ABUTTING AND OTHER PROPERLY OWNERS WIIHIN 250 FEET OF PROPOSED VACATION Name: Address: Zip Code: Parcel Number: ()uaii Plaza, Inc. -1500 Exect,,',ive Dri',e. 5uito Naples, FL QUd~i Plaza, Phase I Name: Address: Zip Code: Parcel Number: Roi)er! 5. H,:'irdv ,4, (.)lh~liJ ti ( in~rt,",ri f:',!rln,,r*.r'~ii) r,"o L)avi~t 13udd, Es(1. 3033 Ri',iera Driv,- Naples, Fl. ;~4 1 O3 All Remaining Propertv Quail Plaza, Phase I lk.XSI~XlE~T ~)N I,()T 4. I'IlH 27 WII)[~ I)I~.-XlN..X(H~ tL.XSI~XlI.:NT l.()T ~ ..XNt)TItH RHM,.XININ(~ 12' WII)I~ I)IL.XlN..X(H~ l~.Xgt~Xll. Xl' ()N xR.-X, ] ,-k...xCC'()I(I)IX(~ TO rile PL.,XT ()1: "()L'..xII. ('I(I~t~K PI..,XZ.X IqI..XSE 1" .-kS [{[iCORDED IN PL..XT BOOK Iff. l>.-k(J[i :~ PI'IH,I(' [~ECOR[)S ()F ('OI.I.IHR ('OI'XT¥. I.OC,,VI'I!I) IN ~H('IIt)N I'OWXSItlP ~:~ S()L'T} i. R..XN(H~ ZO pct~ttoncrs. J~]~cph I)']~mcx~s and l:~rst ..kncsthusu~ ..~ssoc~mcs. I' .k. docs hcrcbx rcqucsI thc ~aCal~On o1' Ibc [)rmnauc [.ascmcnt on l'ract .A. according to the plat of"Quad ('reck PMza I'hahc I" a~ rcc(~rdcd m Plat IF. Parc 75. Pubhc Records of ('olhcr ('ounl~. located m Sect,on 20. l',~nsiup 4~ South. Range 2(~ I'Msl. and WI I[(RH.-XS. d:c B~mrd has th~s da\ hem a pubhc hcarmu t,~ cons;der ',aczmnu <ud [)ramauc Hascmcnts aC more fuji\ described bcloxv, and not~cc of smd public hcarmv ta zaca~c k~m; ~cn as required law: and WI H~RE..XS. tho granting office ~acauon x~ll not adversely al]~c~ thc o~kncrshu~ or r~ghl of conxcmcnt access or'other propen> o~ncrs \OW. TI tEREFORE. BE IT RILSOI.VED BY TIlE BO..XRD OF (f)t.:N I'5' ()F' ('()I.I.II:R ('Ot.'>.'l'Y. FLORID..M that thc Jbllo~tmg bc and is hcrcb~ '.aca~cd Sec Exhibit ".-k" auachcd hereto and incorporated hcrcm fiiL IT FURTttER RESOLVED. that thc Clerk Jo thc l~oard ~s hcrcbx d~rcctcd Io record a ccrHIk:d COpy of Jhis Resolution m the f)t]Sc~al Records of ('olhcr ('OtHHk. Florida. and to make i)ropcr :~otal~on of · . acnHon on [hO recorded plat as rcIgrcnccd abok c l'lns Resolution adopted al~r mot]on. 5CCOlld and Illajorlt~ ~ otc Ih\ OrHl~ D A T Ii D DWIGFIT E HROCK. Clerk ('OLLIER ('OL:X'I~'. FI.Of~ID..X .-\pprovcd as to form and legal sutTicicncv [ , J...{, ./' r ,[/.",/q, ____ }[eidi F ..\shton .-~ss~stant (.'ountv ..\tton~ev P..\MEI.:\ S 5,1,.\C'KII(. ('ha~r,.,.oman 170 '. ,,hd,d ' x.- ~h¢c~ .' ,,I 245263? OR: 252? PC,: !i40 I'E'ITFION \';\(' Og-(~O.l TO V..\('..VI'I! TIII'i 25' \VIDE I)R..\IN,\(iI! E..\S[LMENT ON I,OT 4. TIlE 25' \VIDE DP, AINAG[:. I!..\SI'~hlI:.NT ON I,O'F 5 .AND TIlE RENIAINING 12' \VII)I-~ I)R/\IN..\GE I.L,\SI.~MENT ()N TR..\CT ,.\. ,,\C('O[.II)[N(} '1'O TI Iii PI,,,VI' OF "Qt/AII. ('Rli[iK PI.,,\Z..\ PI I..\SE I" :\S RF. CORDI':I) IN PI,.,VI' BOOK 15. IL.\Gt.i 73. I~UI~,I.I(' RI.[(X)RI)S OF COI.I,I[~R ('OtiNTY. I,OC.,VI'I!D 1N SIi("I'I()N TO\VNSI lip 4S SOUTI I. R..\N(}I:. 2(~ EAST WftEP, I-L-\S. pursuant Io Scctioi'~ 177 IIll. Florida Slatulcs. Robert S ll;ud>. :xs :q~cm tbl thc pclttlOJICrs. Joseph I)'Jamoos :llld F~rst ..Xncsfl~csm .,Xssoc~atcs. P .,X. dtx's hcrcbx rctjucsl thc x;xc;llJom ~fl' thc 25' x~idc Drainage Easement on Lot 4. thc 2? xsidc drainage casement on I,(~t 5 ami thc rc111;Ht~Hlg 12' l)rainagc l~ascmcnt on Tract A. according to thc plat of "Quaff ('reck Plaza Phase I" :~s rccortlcd m Plat Ih~ok \\'}tfiP, l'b\S, thc Board has th~s [Casements as more fulh dcscnhcd bcloxx, and notice ol's;u(I I~tlhhc hearing h~ xac;ttc x'.a~ ?XCll ;IS rCqllIrcd hx laxx: \vi I1! R E..Vq. thc ~rantmg o1' thc x aCatlO~l xx ill nc, I ad,. cr:,cl', a ['I~'Cl thc oxx ncrship or rn3ht ~W' c(m'., cmcnt access of' ot hcr i)ropcrt,, ov, IlCrq WOW. 'I'IIEREFORE. BI! I'[' R[[SOI.V[:.I) I~Y TI II~ B()..\RD O[" ('()t.'N'l'Y ('O.NIMISSI()NIiI.LS ()F ('()[.l,ltiR ('()L'N-I"Y. FI.OI.~ID..\. lhat lilt ft~ilov, mg bc ;ltv,] Is hcrcb,, '.ac;xlcd Sec Exhibit "/V' attached hcrcm and mcc*rp(~ralcd hclcm Hli IF I"[:RTIIf~R RI'~SOI.\'F,I). that thc ('lcrk h* thc Iloard ~, hcrchx dm.'ctcd to record a certified cop.'., of this P, csc~hltion in thc OFficial I~,ccr~rd~; {~1' ('ulhc~ ('{mnr,.. [:h~r~d;L and lo make proper iml;HI,'m o1' this x ac,:ltxon on thc recorded plal ;Is rct~'rcnccd ;tim; c This Rcsolut~on adopted al~¢r nlotlOlt, sec(md and malt~rll7 xotc l}lxormg same .,X]-FES'[' It()ARI) OF ('()['NTY ('()MMISSI()NI(RS DWIGIIT E BRO('K. CIcrk (OI.I.II~R ('OL'NTY. FI.ORIIOA ? . , ,L :_ - . t , ~ t~'~ . "~ ]~'~,~"~"~,' ')' ' I~Y ,~ ' XO~tb~'~d 5s to form and legal suffic cncv: tJc~di F Ashton .'~SSIStalll ('~tlntx -~6 OtC NapLes Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 001-156310-64 57843583 88-96 NOTICE OF INTE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ aa 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 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 03/12 AD SPACE: 110.O00 INCH FILED ON: 03/12/99 . _ .......................... Signature of Affiant Sworn to and Subscribed before me this Personally known by me IIOTICE OF ItlTEtlT TO COtlSIDEP OPDIN r, NCE tlotice is hereby qive~ that on TUESDAY, M.;,RCH 23, 1~9, in thc Brx~r dr opm, ~rd ~oQJ, ~dm{nist~ orion menf Cenfe~, 330~ ED REL~TItIG TO TH~. COLLIER COUH-. PATES, TO REtAO'.'F. I,'3Pt, CT FEE IH ,','AP- CO ISLAND; PPO','IO- lNG FOR IHCLUSIOH IH THE CODE L ~ ~"lS AND OPDi- EFFECTIVE DATE. be heard. NOTE: All persons nlo'/ ~ alloHed 10 min- tend~ to be c~sldered miffed to the of s~ven ~s pri~ to the public h&~Jng. All b~t~ the ~d will appeal i5 ~OARD OD COUHTY COMMISSIONERS COt. LIER COUH~Y, ~LORIDA PAMELA S. MAC'K IE, DWIG~tT E. BROCK, CLERK De~uf't Clerk (SE;-L~ COLLIER COUNTY FLORII)A REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clcrktothc Board: Please place the following asa: xlS"M Normal legal Advertisement (Display Ad,,'., location, etc.) [] Other: Originating Dcpt/Div: Parks & Rccrcation,,'Public Services Person: JohnDmmuck D;nc: 211~t')9 Petition No. (If none. give brief dcscripnon): Proposed amendment to Ord. 88-96. as amended: an ordin:mcc establishing thc Parks and Recreation Impact Fees Peutioncr: (Name& Addrcssl: Name & Address of an)' personlsl ~o be notified bv Clcrk's Office: (If more space is needed, attach scpar;nc shccll Hearing before X X ECC BZA Other Requested Hearing dale: (Based on advertisement appearing 10 days before canng ,,.2, -~ / 57 Ncxvspaper(s) lo be used: (Complete onh' ifimponnnl): xr--'} ,',,';lplcs Dnih' ,":exes [-'] Proposed Text: (Include legal description & common location & Size: removes Ibc collection of community park impact fees for tl~c Cilv of Marco Island. Texl includes thc pro~yoscd .)rdinancc amcndmcm Ihal Companion petition(s), ifanv & proposed hca~ing Does Pclition Fcc include advertising cost? [-"jx Yes [] No ffYcs. ~hat 156310 Rc",'ic~vcd by: Division .,\d~i"~islrato/~)csignce Dale List Attachments: One (1) strike through cop.',' ofordinance Please advertise so h maybe pi:iced on thc "''" ' . hearing. ~"":' ) ) a~cnd:l as ;1 public DISTRIBUTION INSTRUCTIONS For hearings beforeBCCorBZA: Initiating person to complete onecov, ami obtain DM.,,ionitcadapl}rmalbefore submitting to Count.,,' Manager. Note: If Icg:il document is involved, be sure that an',' necessa~' le2. al review, or retlUCr;t for same, is submitted to Count.,,' Attorney before submitting to Count)' Manager. Th'e Mana~er'.,~ office will ',lislril}ute copies: [] Count.',' Manager agenda file: to Clerk's Office x{'~ Requesting Division [] Original B. Off:er hearings: Initiating Division head to approve and submit original to Clerk's Office. rcIaining a cop.,,' for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Dale of Public hearing: el Date ..\dveniscd: . 7 170 , # OF PAG]~ (:mclA~II,,.~ ~ "covia) TO: PAM PE~RELL NAPLES DAlt. Y NEWS 263-4703 · 121~: LISA STEELE LOC_A~: COLLIER COUNTY' COURT]50USE FAX NO: (941) 774-8408 P~CINE NO: (941) 774-8406 March i, 1999 Ms. Pam Perreli Naples Daily News 1075 Central Avenue Naples, Florida 34102 .,~==: Amending Ordinan=_~ 88-96 regarding establ{shing, the Parks and Recreation Impact Fees Dear Pam: Please advertise the above referenced notice one time on Friday, March i2, 1999, and kindly send the Affidavit of Publication, in duplicate ...... tocether with Charges invol',¢',_d to th's~ office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 001-i56310-6491i0 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MARCH 23z 1999,_ in the Boardroom, 3rd Floor, Administration Building, Col!let 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 APiENDiNG COLLIER "~ <~-.~,Jl ~ ORDINANCE NO. 88-96, AS ;~3{ENDED, RELATING IO THE COLLIER COUI:TY PARKS .~'}D RECREATIONAL FACILITIES IMPACT FEE ORDIN;d';CE; A2'!ENDiNG APPENDIX A, IMPACT FEE RATES, TO REMOVE A COMMUNITY PARK IMPACI FEE IN MARCO iSLAND; PROVIDING FOP, CONFLICT AI4D SEVEP, ABILITY; PROVIDING FOR iNCLUSION THE CODE OF LAWS AND ORDiNA~$CES; AI:D BY PROVIDING FOR AI,~ EFFECTIVE DATE. Copies cf the proposed Ordinance are on file wiLh the Clerk Lo the Board and are available for inspection. All interested parties are invited tc attend and be heard. NOTE: Ail persons wishing to speak on an}' agenda item must register with the County administrator prior to presentation of the agenda ite:n 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 recosnized by the Chairman, spokesperson for a group or organization may ~e a!]otted i0 ,m~nutes 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 5o be considered by the Board shall be submitted to the appropriate Count':' staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board wi]! become a permanent part of the record. Any person who decides to appeal a decision of 'zhe Board will need a record of the proceedings pertaining thereto and t!~erefore, may need to ensure that a verbatim record of the proceedings is made, whict~ record includes the testimony and evidence upon which the appeal is based. ~ OF BO~:.D CObT.:TY COMMISS COLLIER COUNTY, FLORIDA P;uMELA S. MAC'KIE, CHAIRWO:,{A.N DWIGHT E. BROCK, CLERk[ By: /s/Lisa Steele, Deputy Clerk (SEAL) ' }Tn C 7, Di.N:',..NCi.: 5'O. ~Y)- :\50RDI,N:\~gCE AMENDING COIA.IER (X)L'.NTY ()RI~I.X,'.\.'x'('I.~ NO. gg-9fi. :\S ,.\,",IENDED. REI,:\TI.N(; '1'~) 'l'llE ('()I,I,IEI,: COt':'CFY P/,,RI,~S ANI) RECRE:\TIONAI. F:\(iII.ITII.~% 13It'..\¢5T i~./,,'Fr~S, 'Ft') RE~iOVE A CO.M,'dU,NITY .M A R(:O iSLAND; PROVIDING FOR ("()NFl .I( 'T .\ND SEVER:XBII.I'FY; PROVIDING FOR INCt. USI()N OF I.A%'S AND ORI)I,N:\NCE.C,: ANI) EFFECTIVE D:VFE. WttEREAS. the i~'m:rd of Coun:y Commissioners finds that d',cru i-~ ::~, I,,:W. cra nccd ira Marco Island for additional Community Parks: and WIIERE.,XS. the Board of County Commissioners desires lc~ rcm,', c fi:c com:mm;t7 park NOW. T~tEREFORii BE IT ORDAINEi) CO:,.IMISSIGNERS OF C(,Li. IER i. Oi.'NTY. FI.ORiDA tha:: SECTION ONE: AMENDMENT TO APPENDIX. Appendix A of Collier County Ordinance No. 8S-O0. as amc=~dc,!, sh:d] h: :u;x'::dcd as follows: .,\ PPENDIX .,\ iMPACT FiLE R,,V[ ,,\. /,.11 Parks and Recreational Facilities Impact t'm~s:r'uc!:,m v..ithm the uninco~orated area and v:ithin thc bounda:!cs of ali municipaliticq Regional Park Impact Fcc: B. All~ ')a:~,s'' a::d Rccrca:io::al Facilities I:::pact Immokalec Community Park District ~ thc Naplcs and Urbim (',qiic: (',,':m'. (',,re;re:my. Park District a~k~M-~rc~a~munh~a~istric4 shall pay thc foilo'.', i:~i: ('<m:r~m:::w Park Impact Fee: Upon EITecti', e Dale of this Ordinance $399 All Parks and R¢crcatio~tl Facilities ~¢_c~~dim:~:cc and Ira?act Nc.: St,~ fly SI!¢'TI()N TWO: ('ONFLICT AND SEVERABILITY. In thc cvc;u tlxis Ordinance conflicts with any other ordinance of Collier Cotlnty or other applicable la'.v, ti~c more restrictive shall apply. Iffy phrase or portion of thc ordinance is held invalid or tmconst~tutio:la[ by any court of competent jurisdiction, such potion shall be deemed a separate, distinct and indcpcnd:nt provision mud such holding shall not affect thc validily of flit rcmainin:4 poruor. SIi(' I lC):'; TI i i.U!l'i: INCLUSION IN THE CODE OF L.,\WS AND ORDINANCES. Thc ,,r '.'isi ,n ,,:' ti~is Ordin:mcc shall become and be Ill:ldo a parI of thc r:odc of l.aws and Ordiuanccs off'oilier ('ounty, Florida. The sections of the Ordinance may be rcmtmbcred or relettcrcd to azo:,;nplisi~ >uch. and the work "ordinance" may be changed to "section", "article". or any other;,'.~, o~rI;!Ic' ' word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become eflbctive upon filing with the Department of State. PASSED AND DUI.Y ADOPTED by the Board of County Commissioners of CoIIier County, Florida. tiffs _____ day of , 1999. ATTEST: DV,'IGIiT E. t~ROCK, C'lz~k BOARD OF COUNTY CO.',IM ISSIONERS OF COLLIER COLIN'FY, FLORIDA Approved as to ibm~ and legal su fficicI,,cv: By: PAMELA S. MAC' KIE, Chaicvo;,-~an H'eidi F. Assistant ('otu'~tv .-\ltorncv are ariel'-ions, words ~_~r=-~.~4+- .',-. ~-F,~ are 2eletions . 2 ..\.\' ()RI)IN..\.',,'('E ..\~II(NI)I.N(; ('()I.I.IER (~O[~.\'T'Y ()I~.I)I.N,\N('I.i .N(). ,~I-9,'~, ..\~ ..\.\II.~NI)t-~I), REI.ATIN('i T() 'HII( ('¢)1.1.1t(1~ ('O!'.\'TY P.,\RK.N ANI) I,~I'~('I,~E..\TI()N,\I, I",.$'11.1'1'1t:.,~ IMI',\('T I"I-~E ORI)IN..\.\'(~E; :$,II(,\'I)IN(; ,\I'I'ENI)IX ,\, I.MI'A('T I"1.~1.~ RATES. TO RE.'qO\'E ..\ (~OM.%IL'NIT~' P..\RK i.MPA('T I"EI.~ IN .M.-\ I~CO ISI.A,NI); i'I,tOVII)IN(; FOR (~ONFI.I('T ..\ ,",' I) .NI-~VI-~fL.\IIII.ITY; I'R()VII)IN(; i:O1~ INCI.L'SI()N IN Till( ('~()1)I:. f)F I.A\V.~ ANI) ORI)INAN('I.~S; ANI) BY I'R()VII)I,N(; F()R ,.\N EFFECTIVE I)..VI'E. WI II{RI{AS. tl~c I~oard ot'( '(runty ('~mun~sshmcr~ desires I~ rcnmve Iht community park impact ~e in thc Marco Island area. N()~V, I'tlt~REFORI~ [~td I'[ ()RDAINt~I) BY 'l'IIl( COMMISSIONEI¢S OF COI.I.IER (:OI:NTY. FLORIDA St~("I'ION ONE: AMEXI)MENT Tf) AI'I'ILNI)IX. Appendix A nF(*oIlier('oun~v Ordinance Nn SS-%. as amended, shall hc amcmlcd Iblh)ws: AI'Pf~NI)IX A INIPA('T J:$LIL RA'I ILS .'~ Al] Parks and ]~ccrcaJiotl;t] t'acililics Impact (Mllslrtlct~,rl wilhfH IRc Re?ma] Park hnp,~c~ Fcc: Ali Parks and l~ccrc;lli(}naJ Facihlics hnpacl ('l~llStl'tlCill~ll IICCLIFFIII~ x~iIIlill thc ,mm )~ Icc (',,mmunitv Park I)istricl Ultd thc Naplcs ami I 'rh;m ('{)flier ('mint5 ('~m]munhv l'ark SECTION T\VO: ('ONFI.ICT AND SI~VF. RABILITY. In die event this Ordinance conflicts with any other ordir~ancc of ('ollicr ('otmty applicable law. the more restrictive shall apply. If any phrase or pt)ilion of thc ordinance is hcht invalid or tmconsdtutional hy any cm~rl ofcompelcnl jurisdiction, such porlim~ shall separate, distinct and independent provisitm and st(ch h(4ding shall not affccl l}~c validity ol linc remaining portion. NI(("I'ION '1 tlRl!li: IN('l.tJNl()N IN q'lll! C()I)I'. ()F I.AWN ANI) ORDINAN('IiS. Thc pm\ ~sion of this ()rdinancc shall become ;md be made a parl ~1' linc ( Mdc ,d' l.aws a~d f )rdinanccs (d' ('otlicr ('OtllllV. I:h~rida. '1 he sections ~1' thc ()nlinimcc rclcllcrcd to accmt~phsh such. ;llld Ibc xx ork "ordJmmcc" llKly hc ch;ill,Cd or any ()tiler appropriate word. NE("I'ION FOUR: I!F[:IK"I'IVI~ DATE. This Ordinance shall become cffcclivc upon filing wilh thc l)cparm~cnl PASSED AND l)l J1.Y ,,XDOPTItI) hv thc Board of ('oumy ('ountv. Florida. this' ,-~ day of.(j_,2.J . 1999. ..\ I'I LSI': D\VI(}I iT Ii. BRO('K. ('lcrk II().,',,RD ()F ('()UN'I'Y ('()N1MINSI()NI!I~,N ()[: COLI.IER COUNTY, FI.OP, II),,\ l leidi F. :\shton Assistant County ,,\ttomcy 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 ORDIN~4CE NO. 99-23 Which was adopted by the Board of County Commissioners on the 23rd day of March, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of March, 1999. DWIGHT E. BROCK ',' Clerk of Courts an'd Ex-officio to Board County Commissioners~ .. ,, %.r~ ~ ~. ./ -, .,. ~e "' '~.''. ,., By: L~sa Steele, '.ay. Deputy Clerk .t../;it,%..~,.:~ .... ,.'.. . ... ~.~ -,, ,g ......... .. ':