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Backup Documents 04/28/1998 RBCC REGULAR MEETING OF APRIL 28, 1998 NOTICE: 1. 2. 3. 4. 0 April 28, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 28, 1998 9:00 a.m. ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEARING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA I'T'EM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO TIFE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILI, NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TFIE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE: (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIH; CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS, OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Rev. Harold Brown, Lely Presbyterian Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA Approved and /or adopted with changes - 5/0 APPROVAL OF MINUTES Approved as Presented 5/0 A. April 7, 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation ',,later G,leek . Director. Adopted 5/0 proclaiming week of 1,1ay 3 -9, 1998 as Drinkiny To be accepted by Edward Finn, Interim ?'later Page 1 April 28, 1998 2) Proclamation proclaiming week of May 17 -23, 1998 as Nat=ional Public Works Week. To be accepted by Ed Ilschner, Public Works Administrator. Adopted 5/0 3) Proclamation proclaiming Saturday, May 2, 1998 as Hispanic Heritage Day in Collier County. Adopted 5/0 B. SERVICE AWARDS Presented 1) Barbara Pedone - County Administrator's Office - 15 years. 2) Glenn Price - Stormwater Management - 15 years. 3) Louise Hardy - Parks & Recreation - 5 years. 4) Jacqueline Hart - Parks & Recreation - years. C. PRESENTATIONS Presented 1) March of Dimes WalkAmerica event report to the Board of County Commissioners. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Paul Harvey of Fish Finders, Inc., requesting waiver of park fees at Cocohatchee Park and Barefoot Beach Preserve for a kids' fishing tournament as part of the Silver Slam event. Approved 5/0 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) CONTINUED FROM 4/7/98 - Approve an Alternate Road Impact Fee Calculation for the Naples Heritage Golf and Country Club (NHGCC) Development. Added (Commissioner Denied 4/0 (Commissioner Hancock abstained) 2. Emergency Approval of $6,400 to pay for materials to install 400 feet of culvert extending under the access road to Sawgrass Subdivision to reconnect the existing ditch. (Commissioner Page 2 April 28, 1998 Hancock) Approved 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Health Planning Council Res. 98 -108 appointing William Shafer - Adopted 5/0 B. Appointment of member to the Utility Authority. Res. 98 -109 appointing Robert Bennett - Adopted 5/0 C. Appointment of member to the Hispanic Affairs Advisory Board. Res. 98 -110 appointing Sandra Buxton - Adopted 5/0 Added D. Status of Free Trade Zone and Customs Officer. Chairman to send a letter in support of a Customs Officer within the area - 5/0. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Jack Pointer 2. Ty Agoston PUBLIC HEARINGS WILL BE HEARD I14MEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC ' Z a y ' N 2 1 B. ZONING AMENDMENTS 1) Petition No. PUD- 86- 22(1), Dr. Neno J. Spagna representing Peter and Mark Longo, requesting a rezone from "PUD" to "PUD" to comply with the sunsetting requirements of section 2.7.3.4 of the Collier County Land Development Code and to reformat the original. Pine Ridge Center PUD into a style presently utilized Page 3 April 28, 1.998 by all new PUDs for property located in the so,sth•r,est quadrant of the Pine Ridge Road (CR -896) and I -75 Interchange Activity Center, east of Pine Ridge Center West PUD, located in Section 18, Towniship 49 South, Range 26 East, Collier County, Florida, consisting of approximately 8.73 acres. Ordinance 98 -31 - Adopted with changes 5/0 2) Petition No. PUD -88- 11(1), Dr. Neno J. Spagna representing Anthony F. Jancigar, Trustee, requesting a rezone from "PIM" to "PUD" to comply with the sunsetting requirements of cectian 2.7.3.4 of the Collier County Land Development Code and r_o reformat the original Pine Ridge Center :;est PUD into a ,tyle presently utilized by all new PUDs for property locar_r.,ci in the southwest quadrant of the Pine Ridge Road (CR -986) and I -75 Interchange Activity Center, west of Pine Ridge Center PUD, located in section 18, Township 49 South, P.ange 26 Ea ";_ , Collier County, Florida, consisting of approximately P.P7 acres. Ordinance 98 -32 - Adopted with changes 5/0 Continued to May 12, 1998 3) CONTINUED FROM 4/14/98 Petition No. PUD- 96 -12, J. nary Futler, P.E. representing Royce 0. Stalling, Jr., requesting a rezone ira7. Rural Agricultural to "PUD" Planned Uni Dc 'c_or,mfint or a multi- family development for property located east and acilace -, t t0 one -..alf mile "or _:7 of Da•. -s Eo..levarc (SR. -.,4) �.. sc _.. ;! a_ _.ect_on 4, To.,r.shin 50 South, and Range 26 East, Collier Count*,-, Fioricia, consisting of approximately 39.82 acres. 4) Petition No. PUD -87- 40(3), Douglas A. Wood of Siesky, Pilon cs Wood representing Falling slaters Beach Resort, Limited, requesting an amendment to amend the Woodfield Lakes PUD for the purpose of changing the name of the PUD; To delete a stipulation requiring an access road from the project to U.S. 41 East (Tamiami Trail East) and to rezone 2.5 acres from ";•. Rural Agricultural to "PUD" Planned Unit Development and to incorporate same into the renamed PUD for property i.ocate(:', east of C.R. 951 and on the north side of U.S 41, in Sectian: Township 51 South, Range 26 East, Collier County, Florida, consisting of 69.32 acres, more or less. Ordinance 98 -33 - Adopted with changes 5/0 5) CONTINUED FROM 4/14/98 Petition No. PUD- 91 -2(1) :•]illia R. 'vines, of Vines & Associates, Inc., representing Robert- Hardy, requesting a rezone from PUD to PUD 'having the effect of amending the Northbrooke Plaza PUD to increase the amount of gross floor area devoted to retail /service /offices; revising, the number of development tracts from three to two; making other changes to the PUD to reflect changes that have occurred since the PUD was first approved and to update the references April 28, 1998 to those in effect, and to amend the Piaster Plan for property located in the northwest quadrant of I -75 and Naples- Immokalee road (C.R. 846), in Section 19, Township 43 South, Range 26 East, containing 43 acres, more or less. Tabled for further information - 5/0 Ordinance 98 -34 - Adopted with changes 5/0 6) Community Development and Environmental Services Division representing the Collier County Board of Commissioners requesting the following street names changes for str.eF�t: located in Golden Gate Estates, Unit 95, Section 4 To,fjnship 49 South, Range 26 East, Collier County, Fl�rida; 1st Avenue I1.1r1. is to bE changed to Teak Wood D ve; J r Avenue N . t•1. is to be changed to Coral Wood Drive; 5h Avenue 11,,;.1,•1. is to be changed to Hickcry Wood Drive; and 7t Avenue II. ,'1. is to he changed to Cherry 6-ood Drive. Resolution 98 -111 - Adopted 5/0 • • 1) Petition AV 98 -005 to vacate a portion of the platted 10 foot :ride Drainage Easements o:. lots 3, 4, 10, 11, 27, 28, 32, 33 and 37, Tract 5, according to the Plat of "Pelican Strand Replat -1B" as recorded in Plat Book 29, Pages 23 through 27, Public Records of Collier County, Florida. Resolution 98 -112 - Adopted 5/0 2) Petition AV 97 -029 to vacate a portion of a 7.5 foot •:ide Drainage Easement in Lot 1, Block C, and to vacate a portion of a 7.5 foot wide Drainage Easement in Lot 9, Block C, according to the Plat of "Briarwood Unit Two ", as recorded in Plat Book 22, Pages 92 through 94, Public Records of Collier County, Florida. Resolution 98 -113 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU- 97 -27, William L. Hoover, AICP, of Hoover Pla:,ninq, and Beau Keene, PE, representing Golden Gate Assembly of God Church, requesting Conditional Use "1" of the Estates Zoning District for reconfiguring the property boundaries of an existing church and for addition of buildings eRd parking for prFRerty located at the Northeast corner of 39 Street S:•1 and 29 Avenue SW, in Section 36, Township 49 South, Range 26 East, consisting of 5.07 + /- acres. Resolution 98 -114 -- Adopted 5/0 2) Petition No. V -98 -4 Robert L. Duane representing Naples Community Hospital requesting a 30 foot dimensional varia-zce Page 5 April 28, 1998 from t• :.o required 15 foot setbacks to zero feet, to construct a building across a common property boundary in PUD zoning districts, for property located in the Collier Health Center PUD and the North Naples Medical Park PUD zoning districts, located in sections 22 and 23, Township 42 Sou. h, Range 25 East, Collier County, Florida. Resolution 98 -115 - Adopted 5/0 3) CONTINUED TO 5/12/98 Petition CU -98 -2, Kim Patrick Kobza, Esquire, of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting Conditional Use "4" of the C -4 zoning district for a used car lots for property located on Golden Gate Parkway, east of 50`"h Street S:; and t::est Oil Tropicana Boulevard, further described as lots 3, 4, 5 & 6, Block 248, Golden Gate, Unit 7, in Section 28, Township 49 South, Range 26 East, consisting of 0.57 + /- acres. 4) Petition 7I -98 -3, Anita L. Jenkins of '.]ilson 1,1iller, Barton & Pee'-, --nc., representing Naples HRS Partnership, requesting a 6 foot variance from the required side yard setback of 15 feet to 9 feet for property located at 215 North Airport Road, further describe3 as Tract "B" of Airport Road Plaza, in Section 36, Township 49 South, Range 25 East, Collier County, FL. Resolution 98 -116 - Adopted with changes 5/0 5) Petition V -98 -1, A. Kurt Ardaman, representing ABC Liquors, Inc., requesting a 15 foot variance from the required 15 foot landscap-2 buffer strip to zero (0) feet for property located on the north side of Tamiami Trail East and further described as Lot 36, :Maples Grove and Truck Company's No. 2, in section 11, To*:rnsn-p 50 South, Range 25 East, Collier County, Florida. Continued Indefinitely - 5/0 14. STAFF'S COMMUNICATIONS A. County Attorney regarding Lorenzo Walker's property 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and /or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMFSJTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit :1c. Page 6 59.639 Grey Oaks Phase 1 -B 22, located in Sections 24 East: generally bounded on Kensington PUD, on the West Golden Gate Parkway, and on propose:: Livingston Road. April 28, 1998 Lakes 26, 27 and an addition to Lake and 25, Township 49 South, Range 25 the North by 1,1orld Tennis Center and by Airport Road, on the South by the East by Trlyndemere and the 2) A resolution approving the Local Housing Assistance Plan (HAP) for fiscal years 1998 -1999, 1999 -2000 and 2000 -2001 as required by the Florida State Housing Initiatives Partnership (SHIP) Program; Approving a maximum award schedule; Approve increasing administrative costs of the HAP to a maximum of ten percent of the total allocation; Authorizing submission of the HAP to --he Florida Housing Finance Corporation for review and approval; Authorizing the necessary certifications by the Chairman of the Board of County Commissioners; Approving the Inter -Local Agreement; and approving the effective dates. Resolution 98 -106 P.equest to accept an alternate security for T.^laterways of Naples Unit T-rjo, and to enter into a new construction and maintenance agreement with the Developer. B. PUBLIC WORKS 1) Adopt a Resolution authorizing the acquisition of lend by gift or purchase of fee simple title interests and /or non- exc.1 -usive perpetual, road right -of -way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests by easement for Golden Gate Boulevard Project, CIE No. 62. Resolution 98 -107 C. PTTBLIC SERVICES 1) Approval of a Renewal of Sovereignty Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. D. SUPPORT SERVICES 1) Amendment to the Hazards Analyses Update Agreement. 2) Agreemen_ between Collier County and the Florida Department of Community Affairs for the Development of a Unified Mitigation Strategy for Collier County and its Municipalities. E. COUNTY ADMINISTRATOR 1) Recommendation that the Board of County Commissioners award Bid #98 -2791 for bollard lighting in Pelican Bay and approve a Page 7 April_ 28, 1998 Eu('aet amendment for tran - >fer of f,jnd:, from C- -)nivai t_o Other Operating Supplies. Awarded to St.onel fight. Corp. in 1-he amount. of $ 16, 740.00 2 BA 98 -209 _ . HOARD OE•' COUNTY COMMISSIONERS G. MISCELLANEOUS CORPFSPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECOP.D WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS 1) Endorse the Sheriff's Office grant application for funding for the State of Florida, Department of Community Affairs' Anti - Drug Act Formula grant Program. {serious Habitual Offender Comprehensive Action Plan Program). 2) Endorse the Sheriff's Office grant application for cont:i.nued fun6ina for the State of Florida, Department of Community Affairs' Anti -Drug Act Formula Grant Program. (Street Clam, Preventi,Dn and Apprehension Program). I. COUNTY A'MRNEY J. AIRPORT AUTHORITY 17. ADJOURN Page 8 3 AGENDA CHANGES BOARD OF COUNTY COA AHSf SIONERS' MEETING APRII,_28, 1998 MEETING ADD: ITEM 8(R)(2) -EMERGENCY APPROVAL OF $6,400 TO PAY FOR MATERIALS TO INSTALL 400 FEET OF CULVERT EXTENDING UNDER THE ACCESS ROAD TO SAWGRASS SUBDIVISION TO RECONNECT THE EXITING DITCH. (COAIMLSSIONER HANCOCA). CONTINUE: ITEM 12(8)(3) TO 5112198 MEETING: PETITION NO. PUD- 96-12, A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" FOR A AfULTI- FAA111, Y DEVELOPMENT FOR PROPERTY LOCATED EAST AND ADJACENT TO .SANTA BARBARA BLVD. (PETITIONER'S REQUEST). PROCLAMA TION WHEREAS, water follows a natural cycle from Earth to air to Earth again; and WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, our health, comfort and standard of living depend upon an abundant supply of safe drinking water; and WHEREAS, the Collier County Board of County Commissioners• believes that citizens should have a safe and dependable supply of water both now and in the fiaure; and WHEREAS, ive are calling upon each citizen to ride the water cycle and give drinking water a hand by protecting our source waters from pollution, by practicing water conservation and getting involved in local water issues. NO Tf' THEREFORE, be it proclaimed by the Board of County Commissioners• of Collier County, Florida,` that the week of May 3- 9,'1998 be designated as r . - DRINKING WA TER WEEK Hhy} DONE AND ORPk THIS 28th ,Day of ApH ` D HT E. BROCK, CLERK rJ Z.. PROCI_AMA TION WHEREAS, Public Works sel- ices provide the physical infrastructure that is essential to our (.'aunty's economic and social growth as well as its improves/ livability and quality of life; and WHEREAS, the support of an understanding and in fo rmed citizenry is vital to the efficient operalion of Public {forks systems and programs such as water, stormwater, sewer, streets and highways, public buildings, and waste collection; and WHEREAS the dedication and teamwork of Public {Yorks employees enables the Cougy to satisfy its citizens needs, meet demands for improved services, seek new technological advances and address growth and expansion issues; and WHEREAS, the health, welfare, safety and protection of our County citizens is the Public 11'orks employees continued challenge to high - quality service performance; and WHEREAS, the County's Public H'orks deparintents are staffed with dedicated employees whose professional pride and attitudes reflect the trust and importance placed in their job performance. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 17 -23, 1998 be designated as NATIONAL PUBLIC WORKS WEEK in Collier County and encourage the public to participate In assisting the Public {Yorkrs officials to efficiently and effectively develop, strati, educate and meet the most pressing needs facing our County today. DONE AND ORDERED THIS 28th Day of,tpril, 1995. 11V-11G1 •. BR 'K, CLERK S-493 PROCLAMA TION WHEREAS, America has been known as the "Melting Pot", the world where the value of a broad diversity of cultures contributed to the development of our democratic and pluralistic society; and WHEREAS, the Iispanic heritage of over 28 million Americans is an essential part of our identity as a nation and of our role as a leader of nations; and WHEREAS, the 20, 000 and more Hispanic Americans living in Collier County are an integral part of the domestic life of Collier County and are becoming increasingly active and visible leaders in the community. NOW THEREFORE, be it proclatmid' by the Board bfC6un C.'ommissioners ojCnllier County l~7orida, thdt Satirrdrn Alciy7 (1998 bg designated as• Ml'SPAMC HERITAGE DAYIN COLLIER COUNTY ia9 X41 '±: Ff. S f•.' �j� �y -. t k'.Y. � i � comet rngtaring the 9t unntia! eienf �rCinco de ,V, ,wk_ ` DONE AND ORDERED THIS 20 Duv dfAprll `199K AV A HOARDOFCOUNTYCO ,S1C)NER,S r f r C Of LIE R CO UNT} ; FLDRID� gR "r • �' * L. r.AO y #bve RA AR2►si3 j 'CH it A" T. s s IC T E. B OCK, CLGRK� FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .ST NAME —FIRST NAME— MIDULE NAME NAME Of BOARO COUNCIL COMMISSION, AUTHORM. OR COMMITTEE Hancock, Timothy L. Collier County Board of Commi_,siunt r: AIUNC ADDRESS 3301 Tamiami Trail E., Admin. Bldg. Naples CnI l ier ,,TIE ON WHICH wr11L OCCLik RLU April 28, 1998 THE BOARD. COUNCIL. CoxtMISSION, AUTHORITY, OR COMMITTEE ON a'HICH I SERVE. IS A UNIT OF: � (� � M i 0111' X: COUNTY +' OTHER 1.0-CAI At %ENC`! iV� NAME of POLITICAL SUBDIVISION: C ^11 ler C�,_niy \t1 }'USITION IS: API'OIVTI�L 7: ELECTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council. commission, authority, or committee- It applies equally to members of advisory and non - advisory bodies who arc presented %ith a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law arc mandatory; although the use of this particular form is not required by law, you arc encouraged to use It in making the disclosure required by Law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before - ompleting the rc.,crsc side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inurc-s to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the spc6zl gain of a principal (other than a governfent agency) by ss'hom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsibl'! for rccorc:ag the minutes of the mee(ing, who should incorporate the form in the minutes. ` APPOINTED OFFICER: A pers- -)n holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure w.`.ic inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (o(her than a government agency) by whottl he is retained. A person holding an appointive local office otherwise may participate in a matter in lwhich tie has a conflict of interest, butt :mss: disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whr: er made by (tic officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WI::CH T:iE VOTE `'.'ILL H1: TAKEN: • You should complete and file this form (before making any attempt to influence the decision) twith the person s;, Ms' f �r recording the minutes of the meeting, who %will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other mernbers of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of 8g1'�� IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Timothv L. liancc>ck , hereby disclose that on Apri 1 28, 1998 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or X inured to the special gain of J. Richard Soars, Father- in -La,:: (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item 8 R 1 . 19 'r`0 X)4r1Dni• t' �i4ly4t!iy 4_ Approve an Alternate Road Impact Fee Calculation for the' Naples Herit�gc: Golf and Country Club MiGCC) Development. After consultation with the County Attorney, I abstained from voting on the absve matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, coml:.i :On or agency who is pre: ;ent at any meeting of'such body at which- in ,officirtl recision, rGling or ether official act is to be taken or adopte:`nr3y nhst�ia voting.. .e'cc:Ept when, With r[:spect to any such member, there is, or iappe =s tc be, a possihle cotlf 1 ict of interest. under the provisions of S-112.311, S.112.313, or 5.112.)1143. In such cases, said member shall comply wit;i tho disclosure requirements of S.112.'143.. I atstained firm vctin:3 cn th:s matter sirce my father- iricw, J. Richard Bars, 'as jam- d-3scd a amrrtmiitium in iWles iiaritage that is rauzently under anstr r:tia-t. J-culd the item be appra eel, a dirort firkin iil Ix ref it aaaldzomk-- to my father- imlav, therefore I an recluixed to attain frcm %ctinq. Dace Filcd Signature ' Timot'rty L. Hancock NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQ1 IR =n D!SCLOSURE CONSTITUTES GROUNDS FOR AND PIAY 11E PUNISHED BY ONE OR MORE OF THE IFOLLO\`.'I`G: IA; ?EACH.\IENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION i:`: SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FCiw ,3 . io #,ti 1 O A'" 04 RESOLUTION NO. 98 -108 A RESOLUTION APPOINTING WILLIA,ti1 C. SHAFER TO THE BOARD OF DIRECTORS OF THE HEALTH PLANNING COUNCIL, OF SOUTHWEST FLORIDA, INC. WHEREAS, the Board of County Commissioner received notification from the Health Planning Council of Southwest Florida, Inc., that there is currency a vacancy to be filled by the Collier County Commission; and and WHEREAS, a press release was issued by council soliciting applications for appointment; WHEREAS, the Executive Director of the Health Planning Council of Southwest Florida, Inc., has submitted its letter of recommendation to the Board of County Commissioners, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, COUNTY, FLORIDA, that William C. Shafer is hereby appointed to the Board of Directors of the Health Planning Council of Southwest Florida, Inc., to fulfill the remainder of the vacant tern, said term to expire on September 30, 1999. This Resolution adopted after motion, second and majority vote. DATED: April 28, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BA SARA B. BERR }, Chair J- Approved as to form and legal sufficiency: David C. Weigel County Attorney DC%%'Ikn J O B' 0! RESOLUTION NO. 98 -109 A RESOLUTION REAPPOINTING ROBF,RT C. BENNETT, .JR., TO THE COLLIER COUNTY NVATER AND WASTEWATER A[JnlORITY WHEREAS, Collier County Ordinance No. 96 -6, created the Collier County Water and Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of Five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be technical members and two (2) members of the Authority shall be lay members; and and WHEREAS, there is currently a vacancy on this board under file category of lay member; WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD 01, COUNTY CONINI1SS10NERS OF COLLIER COUNTY, FLORIDA, that Robert C. Bennett, Jr., is hereby reappointed in the lay member category to the Collier County Water and Wastewater Authority fora 4 year term, said term to expire on May 21, 2002. This Resolution adopted after motion, second and majority vote. DATED: April 28, 1998 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: David C. Weigel County Attorney t>CWYkn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA • I oC "44 RESOLUTION NO. 98 -110 A RESOLUTION APPOINTING SANDRA BUXTON TO THE 111SPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91 -37, creating the Hispanic 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 that the Advisory Boaro shall consist of nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and IVHI:RL-AS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Sandra Buxton is hercbv appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 1999. This Resolution adopted after motion, second and majority vote. DATED: April 28, 1998 ATTEST: DWIGHT E. BROCK, Clerk l , Approved as to form and legal sufficiency: David C. Wcigcl County Attomey ADVnnx, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA w om 1OD14WIN John C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy J. Ccnsianune District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail • Naples. Florida 34112.4977 (941) 774.8097 • Fax (941) 7743602 Office of Regulations and Rulint!s U.S. Customs Serice 1300 Pennsylvania AVC111.1c N%V Washins, ton. D.C. 2(1229 Dear Sir or Madam: April 'Q. 1998 The Collier Collnt%' Board of Commissioners would like to voice their support for the fort of Entry designation proposed filr Southwcst Florida International Airport (SHA). The Customs Service is aware that the SFIA has experienced a great increase in domestic iliu'hts and major interest generated by international airlines to sen•ice the area. :\dditionalI . SF[: \. granted Free Trade lone Status in 1997 by the l'.S. Department ofConutlerce. will he ahlc to Utilize a Port of Entry designation to enhance commercial enterprise and economic diversity in the re,ion. Part of the territory incorporated in the Free Trade lone for SHA is located at Immokalce Regional Airport in Collier County. We rcyucst Collier County he included in your Port of' Entry designation. The SFIA has no objection to this modification. Collier Count. located just 40 miles from SFIA. is an up and coming, commerce and tourist center, already acknow leducd a; one of the top urowth counties in the State of Florida. Opportunities gist for this area to compete world-wide in light industry aril tourism. Please accept this letter as support by the Collier Count' Board of Comnlis,ioncrs fOr a Port of Entn- designation. The Port of Entry designation would provide another enhancement fir the Southwest Florida economy. The Board of Commissioners respectfully request your consideration of this application. Very truly yours. Zl �. Barbara B. Berry. Chairman Commissioner. District 5 BBBlch Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News +----- - - - - -- NOTICE OF INTENT TO CONSIDER ORDINNANCE BOARD OF COUNTY COMMISSIONERS thcoon TUESDAY, TUESDAY, NANCY SALOGUB 28, 1998, In the Boord- PO BOX 413016 traatlon Sulldlnp A Collier leer NAPLES FL 34101 -3016 County Government Cen- REFERENCE: ter, 3301 East Tomlaml Trail, Naples, Florida, the Board of County Commis- %lows will consller en, .octment of a' Lounty Ordinance. TM meeting 001230 800551 will commence of 9:00 posed OrdlinarKi Is the pro- 57673940 NOTICE OF INTENT TO flows. AN ORDINANCE State of Florida A AMENDING ORDI- County of Collier N NANCE NUMBER 91.102 THE COLLIER Before the undersigned authority, personally C COUIZTY LAND DE- appeared B. Lamb, who on oath says that she serves W VELOPMENT as the Assistant Corporate Secretary of the Naples C COMPREHENSIVE Dail News a dail newspaper ublished at Na lea Z ZONING RHE ULA• in Collier County, Florida: that the attached C CORPORATED AREA c of advertising was O OF COLLIER COUNTY, newspaper on dates listed. I ING THE OFFICIAL Affiant further says that the said Naples Daity Z ZONING ATLAS MAP flews is a newspaper published at Naples, in said C NUMBERED 9618N BY Collier County, Florida, and that the said O C ASS H newspaper has heretofore been continuously S OF THE HEREIN I published in said Collier County, FLorida, each E ERTY FROM "PUD" TO day and has been entered as second class mai L D PUD" PLANNED UNIT matter at the post office in Naples, in said K KNOWN AS PINE Collier County, Florida, for a period of 1 year P RIDGE CENTER, FOR next preceding the first publication of the O ON THE SOUTH SIDE attached copy of advertisement; and efflant O OF PINE RIDGE ROAD ((C.R. 896) APPROXI- further says that she has neither paid nor M MATELV 3/4 MILE promised any person, firm or coporetion any T WEST OF 1.75, IN SEC - discount, rebate, commission or refund for the S SOUTH RANGE 26 purpose of securing this advertisement for ( EAST C publication in the said newspaper. T ( T 0 AD SPACE: FILED ON: Signature o Sworn to an PROVIDING FOR TH REPEAL OF ORDI- N: 0412 NANCE NUMBER 87.9 AS AMENDED, THEE FORMER PINE RIDGE CENTER PUD- AND BY PROVIDING At! EFFEC- TIVE DATE. Petttion No. PUD -86- 22(1), Dr. Neno J. Floe . Inc 100,000 INCH rreepreseentinpns r ona 04/13/98 Mork Longo requesting on amendment to the Pine --- -- ---- ---- ----- -- -- ----- --- -- - ------- --- ------ Rldw CerterPUD. f� A Copy of the proposed f Affiant /" ' the Clerk to thonBoard and -� Is available fW Inspection. All Interested partles ore d Subscribed before rile this/-L— day of Ci. 1 19 invited to attend and be heord. Personally known by me ^� t C es�toYappeal a decision of I / the Board will need a re- cord of the proceedings periolning thereto, and therefore may need to ensure ihat o verbatim record of the proceedings Is mode, which record in- cludes the testimony and evidence upon which the appeal is to be twsed. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Judi; BARBARA B. BERRY, Fav f.04t1,t15�1, CHAIRMAN DWIGHT E. BROCK, Fed•; CLERK arnr7(p t q;l .I By: /s/ Moureen Kenyon, Deputy Clerk SAprE AL ll 12 No. 118418! 1281 Y1 --- -- ---- ---- ----- -- -- ----- --- -- - ------- --- ------ Rldw CerterPUD. f� A Copy of the proposed f Affiant /" ' the Clerk to thonBoard and -� Is available fW Inspection. All Interested partles ore d Subscribed before rile this/-L— day of Ci. 1 19 invited to attend and be heord. Personally known by me ^� t C es�toYappeal a decision of I / the Board will need a re- cord of the proceedings periolning thereto, and therefore may need to ensure ihat o verbatim record of the proceedings Is mode, which record in- cludes the testimony and evidence upon which the appeal is to be twsed. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Judi; BARBARA B. BERRY, Fav f.04t1,t15�1, CHAIRMAN DWIGHT E. BROCK, Fed•; CLERK arnr7(p t q;l .I By: /s/ Moureen Kenyon, Deputy Clerk SAprE AL ll 12 No. 118418! 1281 Y1 41. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, ctc.) ❑ other: 12B1 '''4 R RRRRRR RRR RR RRRR RRR *RR ## RRR #RRRR RRRRRR *RRAR *RRR RR RR RARRR**RR RRRRR #RRA# RRRRRR *RR RR RRRRR RRR RRR # #tRAA #RR RRR RR Originating DcpU Div: Comm.Dcv.Scry. /Planning Person: ,� �.�!`� Date: �� 9 I �b Petition No. (If none, give brief description): PUD -86-22(1) Petitioner: (Name &. Address): Peter Longo ono Mark Longo, 1135 Gallcon Drive Naples Florida 3-110'2 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Dr. Neno J. Spagna, Florida Urban Institute Inc 3850 27 "' Avenue S\V ti•tplcs Florida 34113 Hearing before XN X BCC BZA Other , Requested Hearing date: L G C Based on advcniscmcnt appearing 15 days before hearing. Nc%vspaper(s) to be used: (Complete only if important): XXX Naples Daily NcNNs Other Proposed Text: (Include legal description & common location & Size: ❑ Legally Required Companion petition(s), if any & proposed hearing date: Does Petition Fee include advert isirig cost? No If Yes, what account should be charged for advertising costs: 113- 138323 - 049110 P Reviewed by: U Approved by: Division Head Date County Manager Datc List Attachments DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or B7,k: Initiating; person to complete one coy and obtain Division Head approval before submitting; to County Manager. Note: If legal document is involved, be sure that any necessary legal re-vict+•, or request for same, is submitted to County Attorney before submitting, to County Manager. The ManaVer's office is ill distribute copies: ❑ County Manager agenda file: to ❑ Requesting; Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file RRR RR RRRRRRRRRR R *BARK # *ARRR *R RR RRRR RR RRRRA RRR ARR RRRRR AR R #RRARRR RRRR RARR RARRR RA RRR #RR #ARRR #RRRR #RRRR RR RRRRRR FOR CLERK'S OFFICE USE ONLY; cc Date Received: ? ,/ Date of Public hearing- �.) r 1 Date Advertised: OF PAGES .3- (including this cover) IIIIIII111I[111IIlIlI 1111111111IlIlll lllllillllitlllllllllllill TO: KS - JUDITH FLANAGAN LOCATION: NAPLES DAILY NEWS FAX NO.: 263 -4864 COMMENTS: Re: �2-< -C ✓ 'FROM: ELLIE HOFFMAN - MINUTES 6 RECORDS L LOCATION: Collier County Courthouse FAX 110: ( 813) 774 -8408 PITONE 210: (813) 77zi- ,,940h 745 03 -27 1 13:20 746 03 -27 15:38 00 °01'59 FDa sent: ,.w L 1, D A v I 92634864 Time sent: 281 _a 068CO08000008A13 Z OF PAGES .3- (including this cover) IIIIIII111I[111IIlIlI 1111111111IlIlll lllllillllitlllllllllllill TO: KS - JUDITH FLANAGAN LOCATION: NAPLES DAILY NEWS FAX NO.: 263 -4864 COMMENTS: Re: �2-< -C ✓ 'FROM: ELLIE HOFFMAN - MINUTES 6 RECORDS L LOCATION: Collier County Courthouse FAX 110: ( 813) 774 -8408 PITONE 210: (813) 77zi- ,,940h 745 03 -27 1 13:20 746 03 -27 15:38 00 °01'59 FDa sent: ,.w L 1, D A v I 92634864 Time sent: 281 _a 068CO08000008A13 March 24, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider an ordinance known as the Pine Ridge Center PUD Dear Judy: Please advertise the above referenced notice one time on Sunday, April 12, 1993, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl. :-purchase Order No. 800551 12BI NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 28, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRGM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 3/4 MILE WEST OF I -75, II,I SECTION 1P,, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.73 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87 -9, AS AMENDED, THE FORMER PINE RIDGE CENTER PUD; 7,1ND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD -86- 22(1), Dr., Neno J. Spagna, Florida Urban Institute, Inc., representing Peter and Mark Longo requesting an amendmen -_ to the Pine Ridge Center PUD. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /,-Maureen Kenyon, Deputy Clerk (SEAL) 12 R J -: March 24, 1998 Dr. t leno J. Spagna Florida Urban Institute, Inc. 3850 27th Avenue S.W. Naples, FL 34113 Re: Notice of Public Hearing to consider PUD -86 -22(1) Dear Petitioner: Please be advised that the above referenced petition i,.:ill be considered by the Board of County Commissioners on April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily Nevis on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure CC: Peter and Mark Longo 1281 ORDINAINCE ^;3- IC4 ORDINANCE AMENDING ORD:N;uNCE ','UXBER 91-'102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, 'WHICH INCLUDES -HE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOF-AT-D AREA OF COLLIER COUNTY, FLORIDA, BY AIMENDING THE OFFICIAL ZONING .•.TLAS XAP `!LqIBERED 9618N BY C'A1i*G1'L,.G ZONING T -LASSIFICATION OF THE HERFTIN DESCRIBED PE-11-.11 PPOPERTY FROM "PUD" TO "PUD" UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER, FOR PROPERTY LOCATED ON THE SOUTH SIDE 07 TNE RIDGE. ROAD (C.R. 896) po:.: 7�pp' I y I?ILE WEST OF 1-75, IN SECT-=.- 18, T O'V-11 +S 11H I P 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF 8.73 ACRES; PROVIDING FOR THE REPEAL OF ORDIZ',TA24CE_ N71BER 87-9, AS AMENDED, THE FORMER PINE RIDGE CENTER PUD; AND 3Y PROVIDIING �_N EFFECTIVE DATE. real property; NOW THEREF-CRE 57 IT ORDAINED BY THE BOARD OF COUNTY C011,24ISSIONERS OF COLLIER , Y'=F1,IDA; SECT: '_N OINE: The Zoning Classification of the herein described real propert-i �ocazied :n sect i�n _?, Township 49 South, Rance 2,� East, Collier County, Florida, is chance,; from 'PUD" " 1-PTJ711 Pl ar-, ned 'jn__ Development -)Ocu .7 en t , at '_ ac'- e d h e r e C o a s E x }7' is incor-7,ra eir, and by reference 7,ade car- ereo f . The Official Zoning a s erect 96 i D 1 n the Collier Cour-v Land -Development :'ode, is amended according;.. Ordinance Num,'-_er --7-9, as amended, r:no,r;n as the Pine Ridge Centel PUD, adopted :937 -y the Board 31 County Co,7bmissioners -t Coll e r --:D u r, t -Y, :-,ere ny repeaieG' ;7. ent ret.;. SECTION 77-RE7_:_ :,rdlnarce -hail 'e Czme effec::�ve. up-n -re Departmen-_ cf -1- -r. :eno J. SPac.-Ia of Florida Urban :ns-_Jtute, :nc., representing Pete: - Longo and Mark Longo, petitioned the Board of CounLv Commissioners �o change the 7cnina classification �. the herein described real property; NOW THEREF-CRE 57 IT ORDAINED BY THE BOARD OF COUNTY C011,24ISSIONERS OF COLLIER , Y'=F1,IDA; SECT: '_N OINE: The Zoning Classification of the herein described real propert-i �ocazied :n sect i�n _?, Township 49 South, Rance 2,� East, Collier County, Florida, is chance,; from 'PUD" " 1-PTJ711 Pl ar-, ned 'jn__ Development -)Ocu .7 en t , at '_ ac'- e d h e r e C o a s E x }7' is incor-7,ra eir, and by reference 7,ade car- ereo f . The Official Zoning a s erect 96 i D 1 n the Collier Cour-v Land -Development :'ode, is amended according;.. Ordinance Num,'-_er --7-9, as amended, r:no,r;n as the Pine Ridge Centel PUD, adopted :937 -y the Board 31 County Co,7bmissioners -t Coll e r --:D u r, t -Y, :-,ere ny repeaieG' ;7. ent ret.;. SECTION 77-RE7_:_ :,rdlnarce -hail 'e Czme effec::�ve. up-n -re Departmen-_ cf -1- PASSED AND DULY ACOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiencv Ma rie M. Stud Assistant County Attorney f /FUG- 95 -22(:; G ?DINANCFI 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman 1291 W., PINE IDG . C ENTER. (A PLANNED UNir DEvT•.LOPMENT) PREPARED FOR: PETER LONGO AND MARK LOW0 735 Galleon Drive Naples, Florida 34102 PLANNING CONSULTANT TANT: Dr. Neno J. Spagna, President Florida Urban Institute, Inc. 3850 27 Avenue S W Naples, Florida 34117 941 -455 -2168 Ste, ENG EM: Terrence L. Kepple, P. E. Kepple Engineering, Inc. 568 Commercial Boulevard Naples, Florida 34104 941- 403 -1780 LAND SURVEYOR: Hatton & Spencer 100 Isle of St. Thomas Naples, Florida 34114 941- 774 -7981 Date Filed Date Revised /x /98 Date Reviewed by CCPC Date Approved by BCC Ordinance Number WX 1281 TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF E..\'Mr S STATEMENT OF COMPLIANCE SECTION 1 PROPERTY OVA'NERSHIP AND DESCRIPTION .................. 2. SECT70N 11 PROJECT DEVELOPMENT REQL-ME'E;v ?S 4 SECTION III CO1LMERCIAL AREAS PLAN 6. SECTION I%* DEVELOPMEN, T Coj\j\ fE ;STS .......................... 1281 ■r LIST OF E,X IB US EXIMIT "A" PUD DOCUMENT F-)G 3TT T" PUD MASTER PLAN/WATER MANAGT•,NI 14T PLAN FXIUBrr "C" BOUNDARY SURVEY FXT TMrr "D" CON4POSI T - , MASTER PLAN .12BI -v STATEMENT OF COMPLIANCE The development of approximately 8.79 acres of land in Collier County, as a Planned Unit Development to be known as the Pine Ridge Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center PUD will be consistent with the growth policies, land development regulations. and applicable comprehensive planning objectives for the following reasons: I. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 314 mile west of the intersection of I -75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project is compatible and complimentary to existing and future surrounding land uses as required in Policv 5.4 of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policv 3.1 of the Future Land Use Element. SECTION 1 1.1 P P S 12DI "I 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 to he developed under the project name of Pine Ridge Center PUD. ' 1•` That portion of the East 1/2 of the West 1/2 of the Northeast I/4 of the Northwest quarter of Section 18, Township 49 South, Range 26 East, Collier County, Florida, King South of Pine Ridge Road, a 150 foot right -of -way. (8.73 acres, more or less). The subject property is owned by: Peter Longo and Mark Longo 735 Galleon Drive Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the Pine Ridge Road /Whippoorwill Lane intersection approximately 314 mile west of I -75 in the unincorporated area of Collier County, Florida. R. The property is currently vacant. The entire project site currently has Pine Ridge Center PUD zoning and this application constitutes a request for PUD zoning. The project site is located within the I -75 canal basin as 'shown on the Collier County Drainage Atlas sheet A -27. Runoff from the site will flow easterly to the I -75 canal system. The project will be designed for a storm event of 3 -day duration and 25 -year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. Elevations of the property range from 10.5 feet NGVD to 11.5 feet NGVD. The site is within the Zone "X" per Flood Insurance Rate Map (Firm Panel # 120067 0425 D). 2 12PI The sot? type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The north 1/2, more or less, of the site has been previouvf<r farmed and is classified as Fallow Crop Land according to the Florida Land Use, Cover and Forms Classification System (FLUCCS), Florida Department of Transportation, published September 1985. The Routh 1/2, more or leas, is pine /palmetto upland and is classified as Pine Flatwoods according to FLUCCS. The Pine Ridge Center PUD will include a mixture of commercial and office uses. The Pine Ridge Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for propc»ed features and facilities rm . Unifo guidclineg and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatment, fences and buffers. - The Master Plan is illustrated graphically on EXl-TMIT "T3 ", PM Master Pla e n. A lnd Use Summary indicating approximate land use acreage is shown on the plan. � � • : tt+ � yl ��I For the purpose of achieving the most desirable and effective design f the subject providing the most efficient use of the land and the siting f building t access providing the g �s, controlling access and m8 greatest degree of corrrpatibtlity with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting on the west, known as the Pine Ridge Center West , and whose legal description is as foilown, see EX MIT "D" "COMPOSITE MASTER PLAN": That portion of the Welt 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying South of Pine Ridge Road, a 150 foot right-Of-way--, (R.87 acres). ThL1 Tim' is presently owned by Anthony F. Jancigar, Trustee, whose address is 7622 Pebble Creek Circle, Naples, Florida 34108. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as a condition(s) of this PUD approval by the County. • • ' �� This Ordinance shall be known and cited a4 the "Pine Ridge Center PUD Ordinance ". SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS .12-81 4* s The purpose of this Section is to delineate and generally 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 2.2 GEN , nL A. Regulations for development of the Pine Ridge Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County_ Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from am- other applicable regulations, the provisions of those regulations not otherwise provided for in the PUD remain in full force and effect. E. Development permitted 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 budding permit issuance applicable to the development. 4 12BJ '*'% A. The project Master Plan is illustrated graphically by EXHIBIT "B" PUD Master Plan, B. Minor modifications to EXHIBIT "B" , may be permitted at the time of Site Development Plan approval, subject to provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in EXHIBIT "B ", easemrnts such as (utility, private, semi- public, etc.) shall be established and/or vacated within or along the property, as may be necessary. A. E.l -HMIT "B ", PUD Master Plan, constitutes the required PUD Document. Except as otherwise provided within this PUD Document, any division of property and development, shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of an platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or outer development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. SECTION III COMMERCIAL AREAS PLAN I 2B 1 '01 The purpose of this Section is to identify specific development standards for Areas "A" and "B" of the site as shown on EXHIBIT "B ", PUD Master Plan. Areas designated on the PUD Master Plan are intended to provide commercial land uses. especially those serving travelers, and office uses. The 8.79 acre. more or less, site is located in the southwest quadrant of the Pine Ridge Road/Whippoory ill Lane intersection and is included in the I -75 Pine Ridge Road Interchange Activity Center. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures-, I. Open space. 2. Stormwater Management Areas. B. Arca "B" Permitted Principal Uses and Structures: 1. Auto supply stores (group 5531). 2. Depository institutions (groups 6021 -6062 (Commercial Banks, Savings Institutions, and Credit Unions)). 3. Eating Places (group 5812 ). 4. Gasoline Service Stations, (group 5541) Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding truck stops - retail. Diesel pumps may only be provided for automobiles and trucks of I ton or less capacity). 6 12 BI 411 5. General Warehousing and Storage (group 4225 miniwarehouse, warehousing and self- storage only). Warehouse and storage structures shall he set hack a minimum of 200 feet from the CR 856 right -of -way. 6. Health Services, (groups 8011 - 8099). 7. Hotels and Motels (group 7011), total maximum density is 26 units per acre. 8. Insurance Agents, Brokers, and Services, (group 6411). 9. Miscellaneous Retail (group 5912) Drug Stores, Florists (group 5992). 10. Personal Services (group 7231). 11. Professional Offices, Medical Offices, and ?Management Consulting Services (groups 8711- 8748). 12. Real Estate Agents and Managers (group 6531). 13. Travel Agencies (group 4724). 14. Video Tape Rental (group 7841). 15. Any other commercial use or professional service which is comparable in nature with the foregoing uses. D. Accessorvv Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813, only in conjunction with Eating Places). 3. Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANpAgpS A. Minimum Lot ea: Twetve thousand (12,000) square feet. 7 12RI w-9 B. Minimum Lot Width: Seventy -fne (75) feet. (1) Principal Structures: (a) Front Yard - Twenty-five (25) feet (b) All Yards Along Pine Ridge Road- Twentv -five (25) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard external to the PUD - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. (2) Accessory Structures: The minimum yard areas for Accessory Structures shall be the same as for 'he yard requirements of a Principal Structure. (3) Yard setback requirements shall be measured from the right -of -way line in the case of Pine Ridge Road. In the cases where the property is prodded access through an casement, the setback requirements shall be measured from the outside edge of the private casement along which the subject property abuts, Seven Hundred (700) square feet for the principal structure on the first habitable floor. E. Maximum Height Fifty (50) feet. F. Off- Street Parking and Loading Requirements As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 8 12 B 1 G. Landscaping and Buffering Requirements As required by Division 2.4 of the Collier County Land Development Code in effcct at the time of building permit application. 11. aim As required by Division 2.5 of the Collier County Und Development Code at the time of building permit application. 1. distance Between Pdocit?al Structures Ten (10) feet. J. Major Solid Waste Collection Areas Major solid waste collection areas shall be screened on three (3) sides by a setitn (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall Am meet the architectural standards further described in Section 4.8.B of this PUD Document. , Pole lighdnt, shall be prohibited. Architecturally finished lamp postq not exceeding a height of twenty (20) feet shall be required. Lighting shall meet the architectural standards further described in Section 4.8.13 of this PUD Document. Lighting shall be designed so that glare does not cvend off -site onto adjacent properties. 21 SECTION IV DEVELOPMENT COMMITMENTS 12 P 1 019 The purpose of this section i9 to set forth the regulations for the development of this project. 4.2 QEEJZa All facilities shall be constructed in strict accordance with Final Site Development flans, Final Subdivision Plans 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 the official County Land Development Code shall apply to this the PUD is not to be platted. The developer, roject even if the land within per his successor and assigns, shall be responsible for the commitments outlined in this document. 4,3 PUD MASTER PLAN A. EX -DBIT "B", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, 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 approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. 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 in the project. 1 • _ •' • �� .•. A. A Site Development Plan in accordance with Division 3.3 shall be submitted per County regulations in effect at the time of site plan submittal. The proiect is proposed to be completed in several phases. B. The landowner(s) shalt proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Collier County Land Development Code. C. An armual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 10 128 1 fo l ,_� A. A water management plan shall he submitted to include location of the discharge control structure and cross - section of the pro.jcc( perimeter berm. B. If the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right -of -way shall meet the requirements of Collier County Right -Of= -Way Ordinance No. 93 -64. 4.6 WATER MANAGEMENT :1. A shared water management agreement shall he recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District SFWND), Chapters 40E4 and 40E -40, this project shall be designed for a storm event of 3-day duration and 25 -year return frequency. 4.7 UTILITIES A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An S" minimum water main shall be required to serve the site, providing calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. The Developer is responsible for the jack and bore under Pine Ridge Road to supply the project with wastewater collection. A minimum sized line of 4" is required for the Water the Sewer District acceptance. C. All facilities extended to the site and which lie in platted rights of way shall be owned and maintained by the Collier County Water /Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with tho mquiromonts of Collior County Ordinance No 97 -17 and all fodcral, state and other existing rules and regulations. 11 1261�� 4.8 !RAEFIQ A. The proposed joint access road shall be privately maintained. *nc developers shall establish a legal entity responsible for all future maintenance of this PUD. as a condition of approval B. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92 -422, the Collier Coi+nty Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County .shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of' any median opening at any point along any road frontage of this protect. C. Substantial competent evidence shall be provided by the developer to the ciTcct that the project is designed to provide capacity and treatment for historical roadwav runoff. In addition, site drainage from this project shall not be permitted to discharge directly into any roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be provided prior to th.- issuance of any Certificate of Occupancy for the development. F. Compensating right -of -way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing right -of -way. Such dedication shall be considered site related and there shall be no road impact fee credit due the developer. F. The County reserves the right to acquire right -of -way for the Pine Ridge Road six -lane project at a fixed cost for land and improvements without severance damanca at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right -of -way acquisition shall be made available to the County within i.20 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. H. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits arc issued unless otherwise approved by the Board of County Commissioners. 1-) 12-R1 All required improvements, excluding right -of -way donations for roadway segments specifically mentioned in the County's Five -Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92 -22, as amended, the Collier County Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. • l_u A. Pursuant to Section 2.2.25.8.1 of the Collier County Land Development Code. if during the course of site clearing, excavation or other construction activity a historic or archeological 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 and Development Services Administrator or his asignee be contacted. B. tU buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 4.10 ENVIRONMENTAL A. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4 CCLDC, as amended. B. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Plannffig Environmental Review Staff for review and approval prior to final site plan/construction plan approval. , C. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 13 ------------ .--- -. - - -. It - ® – – – – – – – – – – – - � � � a �. ---------- ._y —g�_� | /- - - - - -- –. . �� .�..... 5 !, � ■ ! ! � � 12R I �� 22 | |; ■!�, lr =� . f'|; 7�} 3� �! ! !� � '� {� {!�� § � �- < � \ 9) a § 22 | |; ■!�, lr =� . f'|; 7�} 3� �! ! !� 11,17TON e� SPEA'C'ER PRO!'L'SS/ON..4L LAND SURYL70RS ' x eY -' 33• 99- r I reun7.• Fo1 I i r� ..i r•f. r ! r Il •, I ! ___�\\ Iii- Lrxr f �.��-; __"_��_ L yh r v r )'� • q I I 1 SDVtr'..' f III I•• IDI 11� �i I I CL'AYf ! ' Dflt1 4f' • Ir' , Rllnrf. s1o.1r er _ lJf lr• b I 1 MDRD Iff If' � i _ O ` O O O O 1 R O • .n � h N h N y O O ...r. •..r r. 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O.T 0 0•rf0 . 1 EXHIBIT "c" ` E71 SIR -- - - - - - - - - - - va •svia ��..._ __ _ _ 1281.10% A �y J l ;G A" AV �12a i��13 ..11-1 GRL ;IIIANCE, 98- 31 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHEN I'JE ZONING REGULATIONS FOR THE UNINCORPORATED AREh OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP tlr, ?r;�;ERED 9613f1 BY CHANGING THE ZONING CLAFSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DE•JFI,OPMENT KNOWN AS PINE RIDGE CEiITF.R, FOR PROIERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD (C.R. 896) APPROXIMATELY ; MILE --S-, OF I -75, IN SECTION 13, T0WNSHIP 49 SC'J:H, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.73 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NU -MEER 87 -9, AS AMENDED, THE FORMER PINE RIDGE CENTER PUD; AND B'i PROVIDING AN E1'F}•1KCT1VE DATE. -E-PE AS, Dr. enc J. Spa gna of :ior i4d a Ur.:an ..:solute, In_ 12 B 1 -4-z representing F'eter Lon(io and Mart: Lcnac, Of C011nty Commissioners t:C ._}'.Finge the Zoning classification of the herein described real property; NG:7 THEREF;)RE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONFR.S OF COLLIER COUNTY, FLORIDA; SECTION CPT:;: The Zonir, iassification of the herein described real prnpert, f located in Sect:r ~. Township 49 South, Range East, Collier Cnunty, Florida, is c..ncF:d from "PUD" to "P?JLr" Planned ??nit Development in accordance r.e PUD Domiment, attac'r.ed neretc as Exhibit 'i, ", which is incor, vte-. :-.c. -nn and by reference ...de _ _ „ere °. The Offic.al Zor;ing :._i -..: .,?,: „ere -1 961�N, as cies,__.be -, in Njmher 91 -102 t}e C.ollicr Development iS :ierefi'j amended accnrdingly. SECTION . 10: Ordln::ncF� 37-9, as amender., :no'w:i as _::e i'i. ^,e Ridge Center PUD, adopt�•,i or: i {ar..,, 2%, 19� },y tl.e Boar %.' of Cc��nly ;'��mmissi D (- , : -) f Co1.1_er _n :erery repeaIea SECT:vII 'lllwi._,. This Grdi:;ancc Shall become e[.`ective ,:oon .._.. fit. }: the Department cf State. -1- 12814' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this �.� clay of c,...r 1998. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Suffici,�.rajr�Ln'S Mar' rie M. Studenti Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: _ BAR RA B. BERRY, Chai an .1281�w, , PINE RIDGE, CENTER (A PLANNED UNIT' 1)I'V'1 ?LUI'iff'.N'I') PREPARED FOR: PFITFR LONGO AND MARK I.ONGO 735 Galleon Drive Naples, Florida 34102 PLANNING ('ONSUL7'AN'I': Ur. Neno .l. Spap-na, President Florida Urban Institute. Inc. 3850 27 Avenue S W Naples, Florida 34117 941- 455 -2168 CIVII., ENGINEER: Terrence L. Kepple, P, E. Kepple Engineering. Inc. 568 Commercial Boulevard Naples, Florida 34104 941 -403 -1780 LAND SURVEYOR: Hatton & Spencer 100 lslc of St. Thomas Naples, Florida 34114 941- 774 -7981 Date Filed Date Revised 4,"29;'98__ Date Reviewed by CCPC Date Approved by BCC y,2 f/9? Ordinance Number 91- 3 / 1M BI•I* "A" 12B1 :r_s TABIA", (A" (,()N'1*1-,N'I'S TABLE OF CONTENTS ............. USTOF ExFuBrrs . . . . . ...................................................................... SI'A'1'1-*,,\11--',N'I'()I, ('-*(),\,11'1,1,,%N(-'l . ............................................................. I. SECTION I PROPERTY() WNERS1 111) AND DESCRIPTION .................. 2. SECTION 11 REQInRENWmrs . . . . . . . . 4. SECTUM III COMMERCIAL ,MZEAS PLAN ......................................... 6. SECTION 1 I(). 1291i4.o I.IS "I' OI,' 17XI I113I "I'S 1:x11113FF IIA- PUU DOCUMENT EXIIIT3IT "I3" YUD iVIAS"I'LR I'1,;1N- 11';1 "I I;R �lAN�1GI:1II�.NC PL.� \N EXIIII i,r "( "' BOUNDARY SURVEY 1 :xI H13 IT `'T)" CONIPOSFIT ,MASTFIR ITAN 12x1 %, STATENENT OF COMPLIANCE; T1�e development of approximately 8.79 acres of land in Collier County, as a Planned l snit Development to be known as the Pine Ridge ('enter PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center N TI) will be consistent with the growth policies, land development regulations, and applicable cornprchensive planning objectives for the following reasons: The subject propetty is N ithin the Interstate ActRity Center Land Usc Designation as identified on the Future Land tisc ;Map, as described in the :wivity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Usc Iaement permits commercial land uses in this area. The subject property is located approximately 3/4 mile west of the intersection of I -75 and fine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses as permitted by the Future Land t sc; i-Aement. The subject propem•'s location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land t ise Element. 4. The project is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 6. All final local development orders for this project are subject to Division 3.15, Adequate NMI.; Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of, the Future Land Use Element. SECTION 1 1.1 PURPOSE; 12B14o 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 to be developed under the project name of Pine Ridge Center PUD. 1.2 LEGAL DES(:' PION That portion of the East 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest quarter of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying South of fine Ridge Road, a 150 foot right -of -way. (8.73 acres, more or less). 1.3 PROPERTY OWNERSI-iI11 'I-he subject propem, is owned by: Petcr bongo and Mark Longo 735 Galleon Drive Naples, Florida 34108 1.4 GENERAL DESCRIPTION O1' PROPER YY AREA A. The subject property is located in the southwest quadrant of the Pinc Midge Road'Miippoorwill Lane intersection approximateK- 3/4 mile west of I -75 in the unincorporated area of Collier Countv, Florida. B. The property is currently vacant. The entire project site currently has Pine Ridge ('enter PUD zoning and this application constitutes a request for PUD zoning. 1.5 PHYSICAL F)ESCRIPTION The project site is located within the I -75 canal basin as shown on the Collier County Drainage Atlas sheet A -27. Runoff from the site will flow easterly to the I -75 canal system. "Ihe project will be designed for a storm event of 3 -day duration and 25 -year return frequency as well as water quality in accordance with the rules of South Florida Water \,Ianagcmcnt District. Elevations of the property range from 10.5 feet NGIvD to 11.5 feet NGVD. The site is within the "Lone 'A" per Flood Insurance Rate klap (Firm Panel 4120067 0425 Ill). 2 12 8 1 r- q The aril type of the project is shnwn as ( )idsmar line Sand on the Collier ('aunty Sail Maps. The north 1'2. more or less, of' (lie site has hcert pre'.iously fanned and is classified as Fallow Crop Land according to the Florida Land I *se. ('over and Forms Classification Svstcm (I. 1.UCCS), I.loricfa DCparttnent of''fransportation , published September 19X5. The south 1, 2, more or less, is pinc'palmctto upland and is classified as fine Flatwoods acLording to FLUCIC'S. 1.6 PROJECT I)I_,`SC:RII1'j'I()N The fine Ridge Center PUll will include a mixture of commercial and office uses. The: fine Ridge (`enter P(JI) intends to establish guidelines and standards to ensure a high and consistent level of' quality for proposed features and facilities, Uniform guidelines and standards will he created for such f ;atures and facilities as landscaping, signage, lighting, roadway treatment, fences and buffers. The %faster Plan I illustrated graphicallN• on I',.l'IMIT "B ". PT 'D Nfaster flan. A Land (.'se Summan- indicating approximate land use acreage is shown on the plan. 1.7 SIlARF1) f_1C'I1.Cf [f: For the purpose of achieving the most desirable and effective design of the subject propc o' a y nd prodding the most efficient use of the land and the siting of buildings. controlling access and providing the greatest degree of'compatibility with the surrounding lands, it is the intent of this P(M to share certain common facilities such as, but not limited to. a main access road easement. ingress and egress from Pine Ridge Road and water management with the propctl'v abutting on the west. knotivn as the Pine Ridge Center West , and whose legal description is arc follows. see I',.lT HBIT "I)" "COMPOSITi. ASTER PLAN ": That portion of' the West 1 ? of the %Vcst 1.2 of the Northeast 1 4 of the North��est 1 4 (d Section 18. 'Fewnship 49 South. Range 26 East. Collier County, Florida. wing South of Pine Ridge Road. a 150 foot right -of -war•. (8.87 acres). This property is pr„senth, owned by Anthony I-'. Jancigar, Trustee, «hose address is 7622 Pebble Creek Circle, Naples, Florida 34108. The sharing of' the!;e facilities does not limit, in any manner whatsoever. thc; right of each individual propertN owner to use, assign, Icasc or dispose of its indi,,idual lrroperly in a manner of its choosing subject to the limitations prescribed herein as a condition(s) of this 1'('1) approval by the County. 1.8 Sf IORT 11111', Hiis Ordinance shall he known and cited as the "Pine Ridge Center M'I) ( )rdinance ". 0 SECTION II PfZO.II�,C'I' I)I;VI�,I,nI'MI;N "I' RI�,(�l1IRI�,MI�,N'I'S 2.1 PURPOSE; 12 BI .'M The purpose of this Section is to delineate and generally 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 2.2 GENERAL A. Regulations for development of the Pine Ridge Center PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District, applicabIc sections and parts of the Collier County land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to pro'ide development standards, then the provisions of the most similar district in the Collier County band Development Code shall apply. 13. 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 PUB. All conditions imposed and graphic material presented depicting, restrictions for the development of' the Pine Riclge (`enter Pt: D shall become part of the regulations vdilch L,ovcrn the manner in which the PUT) site rllav be dc%-clopc(l. 1). I nless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise pro�idcd for in the Pt.,D remain in full force and effect. E. Development permitted by the approval of this petition NNill be subject to a concurrcncy re\,iew 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 5itc Development Plan approval, Final Plat approval, or building permit issuance applicable: to the development. 4 126. 2.; DESCRi ITIOjJ OF I'ROJECI' I'I,AN AND PROPOSED LAND USiIS A. The prq�jcct `faster flan is illustrated graphically by FXHiBIT "13" PUD Master flan. B. Minor modifications to F,XI IITIFF "I3" , may be permitted at the time of Site Development Plan approval, subject to provisions of' Section 2.7.3.5 of the Collicr County Land Development Code or as otherwise permitted by this Pt 1I) Document. C. In addition to the various areas and specific items shown in FA 1 11131T "13 ", easements such as (utility, private, semi - public, etc.) shall he established and or vacated within W* along the property, as may he necessary. 2.4 RIEIA'I ED PROJEL 1' PLAN APPROVAL REQUIREMENTS A. EXI IIBIT "I3 ", PUD Master Plan, constitutes the required ITTI) Document. Except as otherwise pro-,ided within this PUL) Document, any (11\11sion of property and development, shall he in compliance with the Subdi,.lslon Regulations and the platting laws of, the State of Florida. 13. The proLisions of Division 3.3, Site Development Plans of the Land I )evclopniew Code, \%-hen applicable, shall apply to the development of all platted tracts, or parcels of land as pro,.ided in said Division 33 prior to the issuance of a building permit or other development order. C. Appropriate instnrments will he proxided at the time of infrasinrcture improyrments regarding any dedications and the metltodolo�- for providing perpetual maintenance of common facilities. 2.5 AMI;NI-)M!;N'!'S 'i'O Pt1I) IX)CI IMFN "I' (-.)R I'i1I) MAS'I'FIZ I'I AI I Amendments may he made to the PUD as prodded in Section 2.7.3.5 of the Land D�:vclopmcnt Code. 1201 SECTION III COMMERCIAL, AREAS PLAN 3.1 PURPOSE "Ilse purpose of this Section is to identify specific development standards for Areas "A" and "13" of the site as shown on EXHIBIT "B ", PUD Master Plan. 3.2 GENERAL, DESCRIPTION Areas designated on the PUD A- laster Plan are intended to provide commercial land uses, especially those serving travelers, and office uses. The 8.79 acre, more or less, site is located in the southwest quadrant of the Pine Ridge Road/Whippoonvill bane intersection and is included in the 1 -75 Pine Ridge Road Interchange Activity Center. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected. altered or used, or land used, in whop or part, for other than the following: :1. area I'ctmittcd Principal lJses and Structures: i . ( )perl Space. 2. Stormwater Management Arcas. B. Area " B" Permitted Principal Uses and Stnrctures• 1. Auto supply stores (group 5531). 2. Depository institutions [groups 6021 -6062 (Commercial Banks. Swings Institutions, and Credit Unions) J. 3. Eating I'laces (group 5812 ). 4. health Services, (groups 8011-9099). 5. 1 iotels and Motels (group 7011 ), total maximum density- is 26 units per acre. 6. Insurance Agents, Brokers, and Services, (group 6411). 7. Miscellaneom Retail (group 5912) Drug Stores, Florists (group 5992). 6 1281,-4 8. Personal Services (group 7231). 9. Professional Offices, Medical Offices, and Nlanagcment Consulting Scr,.iccs (groups 8711- 8748). 1 Real Btate ,Agents and Managers (group 6531). 11. Travel Agencies (group 4724). 12. 'N'ideo Tape Rental (group 7841). 13. Any other commercial use or professional service which is comparable; in nature with the foregoing uses. 1). ,Accesson. Uses: 1. lines and structures that are accessory and incidental to the Permitted t 1scs within this I't D Document. 2.. Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: Seventy -five (75) feet. C. Minimum Yards: (1) Principal Structures: (a) Front Yard - Twenty -five (25) feet (b) All Yards Along fine Ridge Road - Twenty -five (25) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard external to the PUD - Fifteen (15) feet. 7 1281 (e) hear Yard - Fifteen (15) feet. (2) Accessory Structures: "rhe minimum yard areas for Accessory Structures shall he the same as for the yard requirements of a Principal Structure. (3) Yard setback requirements shall he measured from the right -of'way line in the case of Pine Ridge Road. In the cases where the property is pro'.ided access through an easement, the setback requirements shall be mc;asurcd from the outside edge of the private easement along «hich the subject property abuts. D. Minimuha Floor Area Sevcn I lundred (700) square feet for the principal structure on the first habitable floor. E. Maximum f1cip jit Forty (40) feet. I fotelsi;vlotels 3 stories or 40 feet whichever is more restrictive. I . Otl= Street_l'arl;in and I oading Kequiret»ents As required by Division 2.3 of the Land Devclopment Code in effect at the time of building permit application. G. Landscaping and Bufleriu Requirements As required by Division 2.4 of the Collier County Land Development Code in cflect at the time of building permit application. I -1. Si >ns As required b, Di\,lsion 2.5 of the Collier County Land Development Code at the tune of building permit application, except pole signs are prohibited.. Distance Between Principal Structures Ten (10) feet. 9 1281 . -� Major Solid Waste Collection Areas Major solid waste collection areas shall he screened on three (3) sides by a scycn (7) foot high opaque masonry wall with an opaque bate on the remaining side For access. Such masonry wall shall also meet the architectural standards further described in Section 4.8.13 of this PUD Document. J. Liahtiny Pole lighting shall be prohibited. ;Architecturally finished lamp posts not exceeding a hcigl►t of twenty (20) feet shall be required. Lighting shall meet the architectural standards further described in Section 4.8.13 of this PUD Document. Lighting shall be designed so that glare does not extend off -site onto adjacent properties. 9 1 281 4t SECTION IV 1)1; 12.81 4.5 ENQIN ET, RING A. A water management plan shall be submitted to include location of the discharge control structure and cross - section of the project perimeter berm. B. If the property is subdivided into two (2) or more parcels, a plat shall he required. C. A shared access agreement shall be recorded prior to final construction plan approval. 1). Work within the Collier County right -of -way shall meet the requirements of Collier County flight -Of -Way Ordinance No. 93 -64. 4.6 WATER MANAGEMENT A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Mules of the South Florida Water IManagctttent District SF\V\; fl)). Chapters 401:4 and 40r -40. this project shall be designed for a storm event oi' 3 -dav duration and 25 -year return frequency. 4.7 UT1LI1*IFS A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. 'Ilse developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An 9" minimum water main shall he required to serve the site, providing calculations can show that a minimum of 750 GPM is available to serve the commercial activities on the furthest part of the properly. 13. County sc\v.r service is available via a 12" force main located on the south sic!,. of' Pinc Ridge Road. 'Ilte Developer is responsible for the jack and bore under Pine Ridge Road to supply the project with wastewater collection. A minimum sized line of 4" is require, for the Water the Sewer District acceptance. C. AU facilities extended to the site and which lie in platted rights of way shall he owned and maintained by the Collier County Water/Sewer District. The facilities. whether owned by the Uistrict or privately owned, shall be reviewed and installed in accordance Willi the requirements of Collier County Ordinance No 97 -17 and all federal, state and other existing rules and regulations. 11 12B 1.! 4.8 TM: F1 C A. The proposed joint access road shall be privately maintained. The developers shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUI)• 13. The County- reserves the right to restrict and'or modify the location and use of' median openings on fine Ridge Road in accordance with Resolution 92 -422, the Collier County Access \ lanagement Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project. nor shall the County be liable for any claim of damages due to the presence or absence of' any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be prodded by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition. site drainage from this project shall not be permitted to discharge directly into am, roadway drainage system. D. An eastbound right turn lane serving the access roadway shall be prodded prior to the issuance of any Certificate of ()ccupancN• for the development. E. Compensating right -of -way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing right -of -way. Such dedication sliall be considered site related and there shall be no road impact fee credit due the dcyeloper. F. "I-he County reserves the right to acquire right-of-v--ay for the fine Ridge Road six -lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present marker value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right -of -way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center %Vest site. whichever comes first. G. Road improvements required for this project, both site specific and yvstem capacity. shall he in place prior to the issuance of any Certificates of Occupancy for the development. H. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless other«ise approved by the Board of County Commissioners. 12 129144 All required improvements, excluding right -of -way donations for roadway segments specifically mentioned in the County's Dive; -Ten Year Work Plan, shall be considered `'site related" as defined in Ordinance 92 -22, as amended, the Collier County (toad Impact Fee Cndinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 4.9 PLANNNG A. Pursuant to Section 2.2.25.8.1 of the Collier County band Development Code, if'cfuring the course (if site clearing, excavation or other construction activity a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier Coun(y Code Enforcement Department and Development Services Administrator or his designee be contacted. 8. :V11 building,, lighting, signage, landscaping and ,isible architecture infrastructure shall be architecturalh, and aesthetically unified and shall comply with the Architectural and Site Design (. defines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent +tiith the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.10 F,NVIRON LN -FAI. A. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4 CCLDC, as amended. 11. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservatiorupreservation areas, shall be submitted to Currcnt Planning F,mironmental Review Staff for reiew and approval prior to final site plan/constniction plan approval. C. Petitioner shall comply with the guidelines and recommendations of the U.S. Dish & «Vildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Micrc protected species are observed on site, a Habitat %Management Plan for those protected species shall be submitted to CutTent Planning Environmental Staff for reicw and approval prior to Final Sitc Plan, Construction Plan approval. 13 "Ut r P: Y'7 F !, r es c - - -------- 1 2B I -lp wr t 1. b. tl ! jii � �I � ti .1 IN - - -------- 1 2B I -lp *s,:r 1, . Z1.1. L L " A L DU DIP T K-1`1 &' SPAIA"(111 1/1, •,4NP •o`/A'V .•ORY N me "tr 39, r ..... "W"Ftf ( r 'It l I,- of 'I • - "7 . 4 1 .,� 1, ! r ",;! I T Y,kt,loi�l I ,t; :4 j'Ir 1011 1A Wj, 11100 "1 A[ rJ .4 At tJf -rF k,'••4 :f"'y'r .,6 [1 THE POW or bF CIFSCPIRF.D THrlj', E l,0Wt-.k,F r, FOR A r,67AIJCE 't 9A0 11 &[j I i. "i •j 111 3 E FOP A p15TAFJC[ Cl 3.•f 14 f i Will p D, N r"A A r,;srA•,e:f CJ A I G-I A Nllf)"F PADIU�, POINT Rf A k GO' r A C c Cr SA04 54 FEET T1-E&EFP' 5•D R" 'IIF' ',-, J'"fRL I FIGHT CC 6A f LINE or P-x RG 1 , R• 4 )1,i THENCE RUN A E % I C P t. i ILOW, r11F A+-- (-t PVJ RElfir, THE SCII)T •,E RL I ill, ✓1 T U, 4 ✓ 2' A 'FWPAL E OF C,3* M a4' k C, A'., = oc, r , p 1 "i 'A Of ;1) THE PC 'i v, 71 ACPE, MOPE LEST; .iK,, rcu 1 97049tl Y7MV nr,rHt r " . or THI IF 1": M, rNr St S,X,rol "t , _r 11 1I.NSMO. " of, RAAC LIT. .WILMF fit Ah. INWkA (V INC rwrm Or pl.vt plilri A043. o1w, , '10 fvlr kl.mt OR It 4r. oil I,c V.IkF 0"WITLIP1, N,Wfirh '" or 047; Of, '04'97 ;'pFpXpFr) F, jo 31f11W LONUO 1.'1? 110NG0 P' LV04 K`iTt(Al a- 14 1 nr N 891 34. 17- F S 82' 3.5' FO* Jt' 34'-711' (0111o. 3.427'!F) , bit if lot 14 O. Ki V--to rl I.M ♦ A 21 to, "lop f, f is it to L t W D S1.4 4. 1 •0 r{•.1 . pt-1.1411 ptft-[Wt .mmv 0 • # C 0 • "A"'Ifilf CON"OL 10• -4"- 10% h 11110 loo'r 'of PYTITRTT 1281 � -A or 12tsp- vs.141. *s,:r 1, . Z1.1. L L " A L DU DIP T K-1`1 &' SPAIA"(111 1/1, •,4NP •o`/A'V .•ORY N me "tr 39, r ..... "W"Ftf ( r 'It l I,- of 'I • - "7 . 4 1 .,� 1, ! r ",;! I T Y,kt,loi�l I ,t; :4 j'Ir 1011 1A Wj, 11100 "1 A[ rJ .4 At tJf -rF k,'••4 :f"'y'r .,6 [1 THE POW or bF CIFSCPIRF.D THrlj', E l,0Wt-.k,F r, FOR A r,67AIJCE 't 9A0 11 &[j I i. "i •j 111 3 E FOP A p15TAFJC[ Cl 3.•f 14 f i Will p D, N r"A A r,;srA•,e:f CJ A I G-I A Nllf)"F PADIU�, POINT Rf A k GO' r A C c Cr SA04 54 FEET T1-E&EFP' 5•D R" 'IIF' ',-, J'"fRL I FIGHT CC 6A f LINE or P-x RG 1 , R• 4 )1,i THENCE RUN A E % I C P t. i ILOW, r11F A+-- (-t PVJ RElfir, THE SCII)T •,E RL I ill, ✓1 T U, 4 ✓ 2' A 'FWPAL E OF C,3* M a4' k C, A'., = oc, r , p 1 "i 'A Of ;1) THE PC 'i v, 71 ACPE, MOPE LEST; .iK,, rcu 1 97049tl Y7MV nr,rHt r " . or THI IF 1": M, rNr St S,X,rol "t , _r 11 1I.NSMO. " of, RAAC LIT. .WILMF fit Ah. INWkA (V INC rwrm Or pl.vt plilri A043. o1w, , '10 fvlr kl.mt OR It 4r. oil I,c V.IkF 0"WITLIP1, N,Wfirh '" or 047; Of, '04'97 ;'pFpXpFr) F, jo 31f11W LONUO 1.'1? 110NG0 P' LV04 K`iTt(Al a- 14 1 nr N 891 34. 17- F S 82' 3.5' FO* Jt' 34'-711' (0111o. 3.427'!F) , bit if lot 14 O. Ki V--to rl I.M ♦ A 21 to, "lop f, f is it to L t W D S1.4 4. 1 •0 r{•.1 . pt-1.1411 ptft-[Wt .mmv 0 • # C 0 • "A"'Ifilf CON"OL 10• -4"- 10% h 11110 loo'r 'of PYTITRTT 1281 � -A t t' 1� Ailf ------ --------------------- 2 B a A :e W b a 4 N U , ,ta � o- dL ,K N • .11 in I .Y .N M M .04 to a 't E. 1� Ailf ------ --------------------- 2 B a A :e W b a 4 N U , ,ta � o- dL ,K N • .11 in I .Y .N M M .04 to a ,o dP�Y itAA1a II ail 1 281 *'. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E;. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98 -31 Which was adopted by the Board of County Commissioners on the 28th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of May, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissione V : Maureen Kenyon Deputy Clerk Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- NOTICE OF INTENT TO BOARD OF COUNTY COMMISSIONERS C CONSIDER ORDINANCE ATTN: NANCY SALOGUB t that on TUESKDAY APRIL PO BOX 413016 2 28, 1998, In the Board- room, 3 Floor, F FL 34101 -3016 t t aion BuidingA oler County Government Cen- ter, 3301 East Tomloml Troll, Naples, Florida, the Board of County Commis- sloven will consider en- actment of a County REFERENCE: 001230 800551 O Ordinance. The mealrr++pp 57674418 NOTICE OF INTENT TO A A11M, The tMle of me p¢ra posed Ordlnance Is as fd• State of Florida l laws: A County of Collier N AN 0 Before the under.iigned authority, personally 9 NANCE NUMBER appeared B. Lamb, who on oath says that she serves C COUgTY LAND DE. VELOPMENT CODE as the Assistant Corporate Secretary of the Naples W WHICH INCLUDES THE' Daily News, a daily newspaper published at Naples, Z ZONING R NSIVt ZONING REGULA• in Collier County, Florida: that the attached T TIONS FOR Ti4E UNIN- co of advertising was C CORPORATED AREA newspaper on dates listed. F FLORIDA, BY AMEND - Affiant further says that the said Naples Daily I INC, THE OFFICIAL News is a newspaper p � ZONING ATLAS M � Z CHANGING THE �ON- newspaper has heretofore been continuously I I O ING CLASSIFICATION published in said Collier County, Florida, each S SCRIBED REAL PROP• day and has been entered as second class mail " ERTY FROM ' matter at the post office in Naples, in said D DEVELOPMENT Collier County, Florida, for a period of 1 year R KNOWN AS PINE next preceding the first publication of the F FOR PROERTY LO- attached copy of advertisement; and affiant CATED ON THE SOUTH further says that she has neither paid nor R ROAD APPR0XI- promised any person, firm or coporation any W WEST O 1 discount, rebate, commission or refund for the S 18, F purpose of securing this advertisement for E SOUTH RANGE 26 publication in the said newspaper. T TY h•LORIDA CONSIS- TItfG OF 8.8f ACRES' PUBLISHED ON: 0412 R PROVIDING FOR THE` NANCE NUMBER 88.87 AS AMENDED, T CENTER WEST PUD' AND BY PROVIDING AN EFFECTIVE DATE. PetMlon No. PUD -88. 110 AD SPACE: 101.000 INCH d Dr. Nero J. Spopno, Flor - FILED ON: 04/13/98 r representing Anthony F. ------ - - - - ---------------------- --- - -- '------------ --- -- - - -- questing a reclassification to the Pine Ridge Center Signature of Affiant / WestPU A Cap of the proposed Ordinance Is on file -It. i 1, the Clerk to the Board ono Sworn to and Subscribed before me this /.) day of L I, 14 I Is available for Inspection. All Interested parties are Personally known by me i hcvlardted to attend and be Any person who decid- es to appeal a decision of the Board will need a re- cord of the proceedings pertoIning thereto, and therefore may need to ensure That a verbatim record of the proceedings Is mode which record In- cludes ike testimony and evidence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, Judi,h FLORIDA ru•. •t BARBARA B. BERRY, t,1Y C01.4.11$SIOh CHAIRMAN Febrl;j DWIGHT E. BROCK h717Jf D THRU Tw CLERK By: /s/ Maureen Kenyon, DepAufy Clerk April 12 No. 1193971 -12132- .1292 ..� • COLLIER COUNTY FLORIDA kJah REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS IMP To: Clerk to the Board: Please place the following as a: 15 XXX Normal legal Advertisement (Displav Adv., location, etc.) ❑ Other: *RA * * * *A **A * ** ** ** * *AA ** ** AAA** ** * ***A* * * * **AA ***A **A **R *A* *** AAA * *A * *A * ***A * ***A* **A AAA ** * * * * * *A * *A* ** * ** 7 � . Originating Depti Div: Comm.Dcy.Scn,. /Planning Person: (~ •1-� -, ��, � ,� ,Z Date: I i"l Petition No. (If none. give brief description): PUD -85 -1 1(1) I Petitioner: (Name & Address): Anthony F. Jancigar Tntstec 7622 Pebble Creek Circle N•tplcs Florida 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Dr. Nero, J. Spigna, Florida urban institute, Inc., 3550 27 "' Avenue SW. Naples Florida 3.11 17 Hearing before XXX BCC BZA Other — r Requested Hearin, date: � , `! Based on advcniscmcnt appearing IS drys before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily tic%%s Other Proposed Text: (Include Ieeal description & common location & Size: Companion pctition(s). if any & proposed hearing date: ❑ Legally Required Does Petition Fee include advertising cost'? Yes ❑ No If Yes, \%hat account should be charged for advertising costs: 113- 138323 - 649110 Rc%icwed by: 1� r� C C s Appro\ ed by: Division Head Date County ]Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one cov and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that anv necessary legal review, or request for same, is submittal to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County. Manager agenda file: to ❑Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. A * * ** ** * ** * *A* *A*AA*A *AA ** AAA* * * ** * * *A*** AAA***** A*** A********* A**** A******* ** * * * ** * * *A * * * ** * *A * * *A* * * ** * ** FOR CLERK'S OFFICE USE ONLY: Date Received: 5' Date of Public hearing: Date Advertised: Fu�ME Ilk �\ j = OF PAGES � 3 (including this cover) I HIM III 1111111111111111111III1111111111I Jill Jill I III III 111111 T0: LOCATION: NAPLES DAILY NEWS FAX NO.: 263 -4864 COMMENTS: Re: FROM: ELLIE HOFFMAN - MINUTES 6 RECORDS LOCATION: Collier County Courthouse F'AX 110: ( 813) 774 -8408 P110141, NO: (813) 771,- Rl,n(� Tai F 03 -26 10:20 00001'04 742 03 -27 09:31 00 °01'07 743 03 -27 09:35 00002'08 Date .sent: - i w 941 774 6179 61a A ?0 3?25 92634854 2 0�/ 1I 0688708000009800 OK 1 0680008000008800 OK 3 068C008000008Al2 Time sent: v- 12R2 ,4 March 24, 1998 Ms. Judith Flanagan Naples; Daily News 1075 Central Avenue Naples, Florida 33940 Re. Notice of Public Hearing to consider an ordinance known as the Pine RiJge Center West PUD Dear Judy: Please advertise the above referenced notice one time on Sunday, April 12, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Maureen Kenyon, Deputy Clerk Encl . Purchase Order No. 800551 12132 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 28, 1998, in Lhe Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Ploard of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FI,ORIDf -�, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9612N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAi., PROPERTY F ROI•: "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOi'1N AS PINE RIDGE CENTER ZEST, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD APPROXIMATELY 3/4 MILE '.' ?EST OF 1-75, IN SECTION 18, TOINSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.87 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NU2,IBER 88 -87, AS AMENDED, THE FORMER PINE RIDGE CENTER t•JEST PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD -88- 11(1), Dr, Neno J. Spagna, Florida Urban Institute, Inc., representing Anthony F. Jancigar, Trustee request -.ing a reclassification to the Pine Ridge Center Iles-- PUD. A copy of the proposed Ordinance is on file .,ith the Clerk t() the Board and is available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board gill ne,_d a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, rrhicli record includes :he testimony and evidence upon which the appeal is based. BOARD OF COUNTY ( _'01�24ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. _EERRY, CHAIRMAN Df1IGHT E. BR.00K, CLERK By: %s / :laureen Kenyon, Deputy Clerk (SEAL) 12B 2 wt March 24, 1998 Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle Naples, F1. 34117 Re: Notice of Public Hearing to consider PUD -88 -11(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on April 2n, 1998, as indicated on the enclosed notice. The legal notice pertaining :o this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure CC: Dr. Neno J. Spagna 1282','1 March 24, 1998 Dr. Neno J. Spagna, Florida Urban Institute, Inc. 3850 27th Avenue S.W. Naples, F1. 34117 Re: Notice of Public Hearing to consider PUD -88 -11(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure CC: Anthony F. Jancigar, Trustee 12B2-- ORDINANCE 98- AN CRDI;IA.NCE AMENDING ORDINANCE LUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CJDE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED A-AEA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLAIR:ED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER FOR PROPERTY LOCATED ON THE SOUTH S-DE OF PINE RIDGE ROAD APPROXI:,tATELY ; MILE WEST OF I -751 IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.87 ACRES; - OVIDING FOR THE REPEAL OF ORDINANCE NL74BER. 88 -87, AS AMENDED, THE FORMER PINE RIDGE CENTER VEST PUD; AND BY PROVIDING AN EFFECTIVE DATE. i PE:'.EAS, Dr. .lent Spagna Of ..c'__da Urban institute .nC representing Anthony F. Jancigar, Trustee, petitioned the Board of County Commissioners to -hange the Toning classification of the herein described real proper.;; ".O'rt TNEP.'7CRE BE IT ORDAINED BY THE BOARD OF COUNTY COMIMISSIONERS OF COLLIER. COUNTY, FLORIDA; The Zoning C]assifiCaticn of the herein described real property located in Sectior. 18, Township 49 South, Rance 26 East, Collier Count /, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zonine Atlas Man numbered 9618N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Numi)er 88 -h7, as amer.ded, i:nown as the Pine Ridge Ceater 'r;est PUD, adopted :>n November , 1.85 the Board of County Corinissioners of CC)il_E?r County, 13 : -erect' repealed In its ent-irety SECTION THREE: Department c` State. _:: ;Pon ___lnc With ne -1- 1282 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjo 'e M. Student Assistant County Attorney UPUD -88 -111:1 ORDINANCE/ 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman -2- 1292- PINE RIDGE CENTER WEST (A PLANNED UNIT DEVELOPMENT) ANTHONY F. JANCIGAR, TRUSTEE 7622 Pebble Creek Circle #204 Naples. Florida 34108 PLAINNING CONSULTANT: Dr. Neno J. Spagna. President Florida Urban Institute, Inc. 3850 27 Avenue S W Naples. Florida 34117 941 -455 -2168 CIVIL. ENGIlVEER: Terrence L. Kepple, P. E. Kepple Engineering, Inc. 568 Commercial Boulevard Naples, Florida 34104 941 -403 -1780 LAND SURVEYOR: Hatton & Spencer 100 Isle of St. Thomas Naples, Florida 34114 941 -774 -7981 Date Filed Date Revised 3/5.'98 Date Reviewed by CCPC _ Date Approved by BCC Ordinance Number r�/�siie]�ii� TABLE OF CONTENTTS WOM PAGE TABLEOF CONTENTS .................................................. ............................... i. LISTOF EXMITS ........................................................ ............................... ii. STATEMENT OF COMPLLikNCE ................................... ............................... 1. SECTION 1 PROPERTY" OWNERSHIP AND DESCRIPTION .............. 2. SECTION H PROJECT DEVELOPMENT REQUIREIME\TTS .............. 4. SECTION IH COMMERCIAL AREAS PLAN ' SECTION 1V DEVELOPMENT COM ffl-N ENTS ..... ............................... 10. 1 z.e 2 LIST OF EXi-IIBITS EXHIBIT "B" PUD MASTER PLAWWATER MANAGEMENT PLAN EXHIBIT "C" BOUNDARY SURVEY EXI -IIBIT "D" COMPOSITE MASTER PLAN u 1282 STATEMENT OF COMPLIANCE The development of approximately 8.87 acres of land in Collier County, xq a Planned Unit Development to be known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: I. The subject property is within the Interstate Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element. The Future Land Use Element permits commercial land uses in this area. 2. The subject property is located approximately 3/4 mile west of the intersection of I -75 and Pine Ridge Road which makes it an integral and important part of the overall development of the southwest quadrant of the interstate land uses as permitted by the Fut-.uc Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The Project shall be in compliance with all applicable County regulations including the Growth Management Plan. 6. All final local development orders for this project arc subject to Di-vision 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 12$2 SECTION 1 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 to be developed under the project name of Pine Ridge Center West PUD. i/ • That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying South of Pine Ridge Road, a 150 foot right- of -way. (8.87 acres, more or less). The subject property is owned by: Anthony F. Jancigar, Trustee 7622 Pebble Creek Circle #204 Naples, Florida 34108 A. The subject property is located in the southwest quadrant of the Pine Ridge Road/Whippoorwip Lane intersection approximately 3/4 mile west of I -75 in the unincorporated area of Collier County, Florida. B. The property i9 currently vacant. The entire project site currently has Pine Ridge Center West PUD zoning and this application constitutes a request for PUD zoning. The project site is located within the 1 -75 canal basin as shown on the Collin County Drainage Atlas sheet A -27. Runoff from the site will flow easterly to the I -75 canal system. The project will be designed for a storm evrnt of 3-day duration and.25 -year return frequcncv as well as water quality in accordance with the rules of South Florida Water Management District. Elevations of the property range from approximately 10.0 feet NGVD to 12.0 feet NGVD. The site is within the Zone "X" per Flood Insurance Rate Map (Firm Panel #1120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. The north 1/2, more or less, of the site has been previously farmed and is classified as Fallow Crop Land according to the Florida Land Use, Covrr and Forms Classification System 2 1282 -. (FLUCCS), Florida Department of Transportation, published September 1985. The south 1/2, more or less, is pine /palmetto upland and is classified as Pine Flatwoods according to FLUCCS. �• / i •► The Pine Ridge Center West PUD win include a mixture of commercial and office uses. The Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent lvml of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatment, fences and buffers. The Master Plan is illustrated graphically on EXHIBIT "B ", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement, ingress and egress from Pine Ridge Road and water management with the property abutting on the east, known as the Pine Ridge Center, and whose legal description is as follows, see Exhibit "D" "Composite Master Plan ": That portion of the East 1/2 of the West 112 of the Notthcast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying South of Pine Ridge Road, a 150 foot right -of -way. (8.73 acres). This property is presently owned by Peter Longo and Mark Longo whose address is 1135 Galleon Drive, Naples, Florida 34102. The sharing of these facilities does not limit, in any marmer whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual property in a manner of its choosing subject to the limitations prescribed herein as a condidon(s) of this PUD approval by the County. This Ordinance shall be known and cited as the "Pine Ridge Center West PUD Ordinance ". K SECTION II PROJECT DEVELOPMENT REQUIREMENTS • r. • 1262 The purpose of this Section is to delineate and generally 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 A. Regulations for development of the Pine Ridge Center West PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Pine Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in the PUD remain in fug force and effect. E. Development permitted by the approval of this petition will be subject to a concurrence_ 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 the development. A. The project Master Plan is illustrated graphically by E1'1-1 Fr "B" PUD Master Plan. 4 1 282 B. Mmor modifications to EMU= "B" , may be permitted at the time of Sitc Development Plan approval, subject to provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in EXHIBIT "B ", casements such as (utility, private, semi- public, etc.) shall be established and/or vacated ctiithin or along the property, as may be necessary. 2.4 RELATED PROJECT PLIVN APPROVAL REQ IR MENTS A- EXI-iIDIT `B ", PUD Master Plan, constitutes the required PUD Document. Except as otherwise provided within this PUD Document, any division of property and the development of land shall be in compliance with the Subdnision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Iand Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 33 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. SECTION III COMMERCIAL AREAS PLAN 12B2 -- The purpose of this Section is to identify specific development standards for the site as shown in Area "A" and Area "B" on E,=IT "B ", PUD Master Plan. Areas designated on the PUD Master Plan are intended to provide commercial land uses, especially those serving travelers, office, hospital and health service related uses. The 8.87 acre, more or less, site is located in the southwest quadrant of the Pine Ridge Road/Whippoorwill Lane intersection and is included in the I -75 Pine Ridge Road Interchange Activity Center. UNNEW 3-1100 No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: �i�: � : ' tiat t • in �• � .1 , t • • � . I. Open space. 2. Stormwater Management Areas. B. Area "B" Permitted Principal Uses and Structures: I. Auto supply stores (group 5531). 2. Depository institutions [groups 6021 -6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812 ). 4. Gasoline Service Stations, (group 5541) Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding truck stops - retail. Dicscl pumps may only be provided for automobiles and trucks of 1 ton or less capacity). 5. General Warehousing and Storage (group 4225 miniwarehouse, warehousing and self - storage only). Warehouse and storage structures shall be set back a minir ium of 200 feet from the CR 856 right -of -way. 6. Health Services, (groups 8011- 8099). R 12e2 - . 7. Hotels and Motels (group 7011), total maximum density is 26 units per acre. 8. Insurance Agents, Brokers, and Services, (group 6411). 9. Miscellaneous Retail (group 5912), Drug Stores, Forists (5992). 10. Personal Services (group 7231). 11. Professional Offices, Medical Offices, and Management Consulting Services (groups 8711- 8748). 12. Real Estate Agents and Managers (group 6531). 13. Travel Agencies (group 4724). 14. Video Tape Rental (group 7841). 15. Any other commercial use or professional service which is comparable in nature with the foregoing uses. D. Accessory Uses: I. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document 2. Drinking Places (group 5813, only in conjunction with Eating Places). 3. Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area• Twelve thousand (12,000) square feet. B. Minimum Lot Width,- Seventy-five (75) feet. C. Minimum Yards: (1) Principal Structures: (a) Front Yard - Twenty-five (25) feet. 7 1282 (b) All Yards Along Pine Ridge Road- Twenty -free (25) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard external to the PUD - Fifteen (15) feet. (e) Rear Yard - Fifteen (15) feet. (2) Accmu ny Structures: The minimum yard areas for Accessory Structures shall be the same as for the yard requirements of a Principal Structure. (3) Yard setback requirements shall be measured from the right -of -way line in the case of Pine Ridge Road. In the cases where the property is provided access through an easement, the setback requirements shall be measured from the outside edge of the private easement along which the subject property abuts. Seven Hundred (700) square feet for the principal structure on the first habitable floor. Fifty (50) feet. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Landscaping and-Buffering Rgquirements As required by Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. H. Sign. As required by Division 2.5 of the Collier County Land Development Code at the time of building permit application. I. Distance Between Principal Structures Ten (10) feet. 9 1262 - u:• . iment •t s Major solid waste collection areas shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8.13 of this PUD Document. Pole lighting shall be prohibited. Architecturally finished lamp posts not exceeding a height of twenty (20) feet shall be required. Lighting shall meet the architectural standards further described in Section 4.8.B of this PUD Document. Lighting shall be designed so that glare does not extend off -site onto adjacent properties. 6 SECTION IV DEVELOPMENT COMMITMENTS r. • 12132 The purpose of this section is to set forth the regulations for the development of this project. All facilities shall be cmgructed in strict accordance with Final Site Dcvelopmcht Plans, Final Subdivision Plans 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 the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be resperosible for the commitments outlined in this document. A. EXHIBIT "B ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, 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 approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. 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 in the Project labit U11 W-0 A. A Site Development Plan in accordance with Division ;3.3 shall be submitted per County regulations in effect at the time of site plan submittal. The project is proposed to be completed in several phases. B. The landowners) shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Collier County Land Development Code. C. An annual monitoring rcport shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 10 1292 A. A water management plan shall be submitted to include the location of the discharge control structure and a cross - section of the project perimeter berm. B. If the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right -of -way shall meet the requirements of Collicr County Right- Of-Way Ordinance No. 93 -64. • A. A shared water management agreement shall be recorded prior to final construction plan approval. B. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E -40, this project shall be designed for a storm event of 3-day duration and 25 -year return frequency. �Vl M A. County water service is available via a 12" water main located on the north side of Pine Ridge Road. The developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. An. 8" minimum water main shall be required to serve the site, providing calculations can show that a minimum of 750 GPXI is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main located on the south side of Pine Ridge Road. The Developer is responsible for the jack and bore under Pine Ridge Road to supply the project with wastewater collection. A minimum sized line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which He in platted rights of way shall be owned and maintained by the Collier County Water/Sewer District_ The facilities, whether owned by the District or privately owned, shaU be reviewed and imstalled in accordance with the requirements of Collier County Ordinance No 97 -17 and all federal, state and other existing rules and rcgulatiom9. A. The proposed joint access road shall be privately maintained. The developer shall establish a legal entity responsible for all futwe of this PUD. maintcnancc as a condition of approval 11 1282 B. The County reserves the right to restrict an&'or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92 -422, the Collier Countv Access Management Policy, as it may be amended from time to time. and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to 'a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. D. ;'Ln eastbound right turn Iane serving the access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right -of -way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing right -of -way. Such dedication shall be considered site related and there shall be no road impact fee credit due the Developer. F. The County reserves the right to acquire right- of -wav for the Pine Ridge Road six -lane project at a foxed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value based on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right -of -way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, whichever comes first. G. Road improvements required for this project, both site specific and system capacity. shall be in place prior to the issuance of anv Certificates of Occupancy for the development. H. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at the time building permits are issued unless otherwise apprm -cd by the Board of County Commissioners. All requurd improvements, excluding right -of -way donations for roadway segments apecificalh, mentioned in the County's Five -Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92 -22, as amended, the Collier Countv Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 12 r. II. i as �s vra +v�d - E : --- - ---- -- — ---- - - -- - -- ------------------ MjI+ gil II I+ �i I ' �.4 N OI u41D1/0.+ M��ry 6r IY /J 1 1292 a a � t a R a b 1 O0 LU � I � c x .c° W 1 a' a� e • e: ii 89` §e :3 12a" ;3x8�a Wig_ E is ►.i�lS .! �C$d2 a� e • e: ii 89` §e :3 1282 -, 11117TO:v a SPIE'll,csR.. 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I•... ••.9.,! ' •f w.1.r •f, 1.C.- •••D.... i \..... .. ..•r1 ti w... .. .1. r rr• . raN I •• ••c . . q•'•.w •••a\ r".• 1 �. y w0-: Ireit+nes... rew .•1 ... DOC t••9 Lf..'r�. . •r.• c1.........f1 �.. Lr+ a :..IO .1 r 1 EXHIBIT "C" �rif ai f ss��4 c B�tlgYf c ;EQ•� c RLK . M M' 1P 1 =a 1.' ■ M N' IY 1 ________ _ ____ _ _ _ p c .y 1282 i Pik: Lwm� OMMME • / 4 ORDINANCE 98 -Y2 1.31 ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS 14AP NL14BE:RED 9618N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRO14 "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CENTER rIEST, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PINE RIDGE ROAD APPROXIMATELY .y .• :iLF. WEST OF I -75, IN SECTION 18, T0'•iNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.87 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBS -R 88 -87, AS AMENDED, THE FORMER PINE RIDGE CENTER WEST PUD; AND BY PROVIDING AN EFFECTIVE DATE. ;IHEIREAS, Dr. N•:�no J. Spagna of Florida Urban Institute, Inc., 12B2M* representing :•.•, ^cn; F. Jancigar, Trustee, petitioned the Board of County Commissioners to cringe the zoning classification of the herein described real property; NO''W THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The 'Zoning Classification of the herein described real property located in Section 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "f, which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. Ordinance Number 88 -87, as amended, }mown as the Pine Ridge Center West PUD, adopted on November 8, 1988 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- 12 S 2 4 ' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -.7.? day of` 1998. ATTEST: DWIGHT E. BROCK,-Clerk / Approved as to Form and L�a�r �lzff•i�iena.y. `�Jillt�.t�c,L• 7i � l r.y'�c��Gu.f.. Marjo 'e M. Student_ Assistant County Attorney f /PUD -88 -1111) ORDINANCE/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: �- BARB B. BERRY, Chair ap -2- 12B2 of PINE RIDGE CENTER WEST (A PLANNED UNIT DEVELOPMENT) PREPARED FOR: ANTHONY F. JANCIGAR, TRUSTEE 7622 Pebble Creek Circle 11204 Naples, Florida 34108 PLANNING CONSULTANT: Dr. Neno J. Spagna, President Florida Urban Institute, Inc. 3850 27 Avenue S W Naples, Florida 34117 941 -455 -2168 CIVIL ENGINEER: Terrence L. Kepple, P. E. Kepple Engineering, Inc. 568 Commercial Boulevard Naples, Florida 34104 941- 403 -1780 LAND SURVEYOR: Hatton & Spencer 100 Isle of St. Thomas Naples, Florida 34114 941- 774 -7981 Datc Filcd Date Revised 4/29198 Date Reviewed by CCPC Date Approved by BCC !Xlz Ordinance Number __Ef -_'?_ WN 10 10 i 128274* TABLE OF CONTENTS ' PACE TABLEOF CONTENTS .................................................. ............................... i. LISTOF EXHIBITS ........................................................ ............................... ii. STATENIEN'T OF CONlPLLANCE ................................... ............................... 1. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION .............. 2. SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS .............. 4. SECTION III COMMERCIAL AREAS PLAN ............ ............................... 6. SECTION 1V DEVELOPMENT CONDAUNIENTS ..... ............................... 10. i 1282, die LTST OF E.xTl BITS EXHIBIT "A" PUD DOCUMENT E)G-HBrr "B" PUD MASTER PLAN/WATER MANAGEMENT PLAN EXT -IIBTT "C" BOUNDARY SURVEY EXI-HBIT "D" COMPOSITE MASTER PLAN 1262 o; STATEMENT OF COMPLIANCE, 'Ihc development of approximately 8.87 acres of land in Collicr County, as a Planned Unit Development to he known as the Pine Ridge Center West PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management flan. The commercial facilities of the Pine Ridge Center West PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: File suhiect property is within the Interstate Acti,,ity Center Land Use Designation as identified on the Future Land Use ivlap, as described in the Actv6ty Center Subdistrict of the Urban - Commercial District in the Future band Use Elcment. The Future Land Use E'lemcnl permits commercial land uses in this area. The subject property is located approximately 3/4 mile west of the intersection of 1 -75 and Pine Ridge Road which makes it an integral and important part of ttte overall development of the southwest quadrant of the interstate land uses as permitted by the future i,and Use Element. The subject property's location in relation to existing or proposed community facilities and sertiices permits the development's intensity of land uses as required in Ohjectivc 2 of the Future Land Usc F,lement. The project is compatible and complimentary to existing and future surrounding land uses as required in Polio• 5.4 of the Future Land Use F,lemenl. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 6. ;W final local development orders for this project are subject to Division 3.15, Adcquatc Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. SECTION l 1.1 PURPOSE 1262 V 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 to be developed under the project name of Pine Ridge Center West PUD. "a 10139we ; ' • That portion of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, lying South of Pine Ridge Road, a 150 foot right -of -way. (8.87 acres, more or less). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Anthony F. Jancigar, "trustee 7622 Pebble Creek Circle 9204 Naples, Florida 34108 1.4 GENERAL, DESCRIPTION OF PROPERTY AREA A. The subject property is located in the southwest quadrant of the Pine Ridge Road1WHppoot-w ll Lane intersection approximately 3/4 mile west of I -75 in the unincorporated area of Collier County, Florida. 13. The property is currently vacant. 'The entire project site currently has Pine Ridge Center West PI;D zoning and this application constitutes a request for P[11) zoning. 1.5 PHYSICAL, DESCRIPTION The project site is located within the I -75 canal basin as shown on the Collier County Drainage Atlas sheet A -27. Runoff from the site will flow easterly to the I -75 canal system. Tlie project will be designed for a storm event of 3 -day duration and 25 -year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. Elevations of the property range from approximately 10.0 feet NGVD to 12.0 feet NGVD. The site is within the Zone "X" per hlood Insurance Rate Map (Firm Panel 0120067 0425 D). The soil type of the project is shown as Oldsmar Fine Sand on the Collier County Soil Maps. "The north 1/2, more or less, of the site has been previously farmed and is classified as Fallow Crop Land according to the Florida Land Use. Cover and Forms Classification System 2 12B2 00 (FLUCCS), hloiida Department of Transportation , published September 1985. The south 1 '2, more or less, is pine /palmetto upland and is classified m fine Flatwoods according to FL(1('('S. 1.6 PROJECT DESCR1PTION The Pine Ridge Center West PUD will include a mixture of commercial and office uses. Thu Pine Ridge Center West PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signagc, lighting, roadway treatment, fences and buffers. The Nfaster Plan is illustrated graphically on F \I II13IT "B", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the plan. 1.7 SHARED FACILITIES For the purpose of achieving the most desirable and effective design of the subject property and providing the most efficient use of the land and the siting of buildings, controlling access and providing the greatest degree of compatibility with the surrounding lands, it is the intent of this PUD to share certain common facilities such as, but not limited to, a main access road easement. ingress and egress from Pine Ridge Road and water management with the property abutting on the east, known as the Pine Ridge Center, and whose legal description is as f01lows, see Exhibit -D- "Composite ,Master Plan ": That portion of the East 1/2 of the West 1!2 of the Northeast 1/4 of the Northv.esl 1%4 of Section 18, "township 49 South, Range 26 Fast, Collier County, Florida, lNing South of' Pine Ridge Road, a 150 foot right -of -way. (8.73 acres). This property is presently owned by Peter Longo and Mark Longo whose address is 1 135 Galleon Drive, Naples, Florida 34102. The sharing of these facilities does not limit, in any manner whatsoever, the right of each individual property owner to use, assign, lease or dispose of its individual propcily in a manner of its choosing subject to the limitations prescribed herein as a conditions) of this PUD approval by the County. 1.8 SI IORI TITLE This Ordinance shall be known and cited as the "Pine Ridge Center West PUD Ordinance ". 3 SECTION II I'ROJEC "I' DI VEI,OI'MI:N'I' RF,QUIRI;Ml,,N "I'S 2.1 PURPOSE 1282 . , The purpose of this Section is to delineate and generally 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 NNEEMENTRAM, A. Regulations for development of the fine Ridge Center West PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District, applicable sections and parts of the Collicr County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier 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 date of adoption of this PUB. C. :111 conditions imposed and graphic material presented depicting restrictions for the development of the Pinc Ridge Center West PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations. the provisions of those regulations not otherwise provided for in the PILL) remain in full force and effect. 1:. Development permitted by the approval of this petition will be subject to a concurrence 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 the development. '� �• 3 WIN 161,•' 02 WIN A. The project `-taster Plan is illustrated graphically by EXHIBIT "I3" PU) Master Plan. 4 1292 P. i\linor modifications to F.lI iIT31'1� "I3" , may be permitted at the time of Silc Development flan approval, subject to provisions of Section 2.7.3.5 of the Collicr County band Development Code or as otherwise permitted by this P111) Document. C. In addition to the various areas and specific items shown in EXHIBIT "13 ", casements such as (utility, private, semi - public, etc.) shall be established and'or vacated within cr along the property, as may be necessary. 2.4 RELATED ED PRO WCT PI AN AI) I'ROVAI. IZI �LJIIZI M� N'I'S A. EAHIBIT "I3 ", PUD ;Master Plan, constitutes the required PUD Document. Except as otherwise provided within this PUD Document, any division ot' property and the development of land shall be in compliance with the Subditiision Regulations and th:: platting laws of the State of Florida. 13. The provisions of Division 3.3, Site Development Plans of the band Development Codc, when applicable, shall apply to the development of all platted tracts. or parcels of land as provided ill said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be prodded at the time of infrastructurc ilnprovcnlcrlls regarding any dedications and the methodology for prodding perpetual malritcnancc of common facilities. 2.5 AW:NDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments ma }v be made to the PUD as prodded in Section 2.7.3.5 of the band Development Code. 5 SECTION III COMMERCIAL AREAS ITAN 3.1 PURPOSE', 1282 The purpose of this Section is to identify specific development standards for the site as shown in Area ",A" and ,Area "B" on EAI 11I3I'1' "B" Pi ID h Iastcr Plan. 3.2 DI�.SCRIPTION Areas designated on the PUTD Master Plan are intended to proNide commercial land uses, especially those ser,.ing travelers, office, hospital and health ser,.ice related uses. The 9.X7 acre, more or less, site is located in the southwest quadrant of the Pine Ridge Road/ WhippoorwilI Lane intersection and is included in the I -75 Pine Ridge Road Interchange Activity Center. 3.2 PERMITITD USES No building, structure or part thereof, shall be erected, altered or used. or land used, in %\ hole or part, for other than the following: A. Area "A" Permitted Principal Uses and Structures: 1. Open splice. 2. Stormvater Management Areas. B. Area `'I}" I'ei-mittcd Principal Uses and Structures: 1. Auto supply stores (group 5531). 2. Depository institutions [groups 6021 -6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 3. Eating Places (group 5812 ) 4. Health Services, (groups 8011- 8099). 5. 1 lotels and Motels (group 7011), total maximum density is 26 units per acre. 6. Insurance Agents, Brokers, and Services, (group 6411). 7. Miscellaneous Retail (group 5912), Drug Stores, Florists (5992). X. Personal Ser%ices (group 7231). Le 12-8 ,24 9. Professional Offices, Medical Offices, and Management Consulting Scr'.1ccs (groups 8711 - 8748). 10, Real Estate Agents and Managers (group 6531). 11. Trav;l :Agencies (group 4724). 11 Video Tape Rental (group 7841). 13. Any other commercial use or professional service which is comparable in nature with the foregoing uses. I). ;Accessory Usus: I. Uses and structures that are accessory and incidental to the Permitted Uses within this Pi;I) Document 2. Loud speakers and public address systems are prohibited. 3.4 DEVELOPMENT STANDARDS A. MlnitilUm Lot Area: Twelve thousand 02,000) square feet. 13. Minimum I,ot Width: Seventy -five (75) feet. C. Minimum Yards: (1) Principal Structures: (a) front Ward - "twenty -five (25) feet. (h) All Yards Along Pine Ridge Road - Twenty -five (25) feet. (c) Side Yard - Ten (10) feet. (d) Side Yard external to the PUD - Fifteen 0 5) feet. (c) Rear Yard - Fifteen (15) feet. (2) :Accessory Structures: 7 1282'' '17ie minimum yard areas for Accessory Structures shall he the same as for the yard requirements of a Principal Structure. (3) Yard setback requirements shall be measured from the right -of -way line in the case of' fine Ridge Road. In the cases where the property is protiided access through an easement, the setback requirements shall be measured from the outside edge of the private casement along which the subject property abuts. D. Minimum Floor Area Seven Hundred (700) square feet for the principal structure on the first habitable floor. 1:. MaXiML1111 f 1601t hortv (40) feet. floteMotel 3 stoHes or 40 feet evhichcvcr is more restrictivc. I.. Off- Street Parking, and Loading Requirements As required by Division 2.3 of the band Development Code in effect at the time of' building permit application. Lands )ing and Buffering Rccluirc;mcnts As required by Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. I-I. sipalis As required by Division 2.5 of the Collier County Land Development Code at the time of building; permit application, except pole signs are prohibited. Distance Between Principal Structures Ten (10) feet. J. Major Solid Waste Collection Areas :Major solid waste collection areas shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8.1 t of this PUT) Document. 9 12B2,-1� The minimum yard areas for Accessory Structures shall be the same a,, for the yard requirements of a Principal Structure. (3) Ward setback requirements shall be measured from the right- of'-wiy line in the case of' Pine Ridge Road. In the cases where the property is protiided access through an casement, the setback requirements shall be measured from the outside edge of the private easement along which the subject propel y abuts. D. Minimum Floor Area Seven Ifundred (700) square feet for the principal structure on the first habitable floor. I;. MaxinlLim 11cight forty (40) feet. fioten,lotel 3 stories or 40 feet whichever is more restrictive. I... Off-Street Parking, and Loading g Requirements As required by Division 2.3 of the band Development Code in effect at the time of building hermit application. G. .andsca�ing and Btttfcrin z Requirements As rcyuircd by Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. IL sip'ns As required by Division 2.5 of the Collier County Land Development Code at the time of' building permit application, except pole signs are prohibited. I)istance_Between Principal Structures 'Fen (10) foe,t. Major Solid Waste Collection Areas :Major solid waste collection areas shall be screened on three (3) sides by a seven (7) foot high opaque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.8.B of this PUD Document. 12824 K. Li9,11tins Pole lighting shall be prohibited. ,Architecturally finished lamp posts not exceeding a height of nventy (20) feet shall be required. Lighting shall meet the architectural standards fut1hcr described in Section 4.8.13 of this PUD Document. Lighting shall be designed so that glare does not extend off -site onto adjacent properties. 9 12B2 0, SE'CT'ION IV f)F,,Vf;I,OPMI-',NZ' COMMI "I'MFN'I'S 4.1 PURPOSE, the purpose of this section is to set forth the regulations for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final Site Development flans. final Subdivision Plans 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 the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. 4.3 1111D MASTER PLAN A. EXHIBIT "B", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall riot be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. 13. AH necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCIIEDULI, OF 1)EVELOPMEN'I', "MONITORING REI'OR 'I' A. A Site Development Plan in accordance with Division ;3.3 shall be submitted per County regulations in cflect at the time of site plan submittal. The project is proposed to be completed in several phases. B. The landmimer(s) shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Collier County Land Development Code. C. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. lU ?P2 vl� 4.5 F.N LEBIN. -a A. A water management plan shall be submitted to include the location of the discharge control structure and a cross - section of the prole perimeter B. if the property is subdivided into two (2) or more parcels, a plat shall be required. C. A shared access agreement shall be recorded prior to final construction plan approval. D. Work within the Collier County right-of-way shall meet the requirements of Collier County Right -Of -Way Ordinance No. 93 -64. 4.7 WMUUMN A. A shared water management agreement shall be recorded prior to final construction plan approval. 13. In accordance with the Rules of the South I'° r, Management D (SF W'MD), Chapters 40E4 and 40E -40, this project be designed for a storm event of 3 -day duration and 25 -year return frequency. A. County water service is available via a 12" water tan located main to provide both potable the north side of Pine Ridge Road. The developer is responsibl e to p the water and fire fighting capability to the sit g� smuhuttt ghat a water main 77 0 GPI�i required to serve the site,, providing calculations is available to serve the commercial activities on the furthest part of the property. B. County sewer service is available via a 12" force main lc and bore under Ridge Road Ridge Road. The Developer is responsible for the J to supply the project with wastewater collection. A minimum sized line of 4" is required for the Water Sewer District acceptance. C. All facilities extended to the site and which He platted Distric. fights The`fac lilies, vt etl owned and maintained by the Collier County Water/Sewer owned by the District or privately owned, shall t neereviewed o 97-17 and all installed ederal, state and with the requirements of Collier County Ord other existing rules and regulations. 4.8 IRAEMIC A. The proposed joint access road shall be privately maintained. The developer shall establish a legal entity responsible for all future maintenance as a condition of approval of this PUD. it Imo• B. The County reserves the right to restrict and/or modify the location and use of median openings on Pine Ridge Road in accordance with Resolution 92 -422, the Collier County :Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the Count y he liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. C. Substantial competent c,,idence shall be provided by the developer to the ellcct that the project is designed to provide capacity and treatment for historical roadwav runoff. In addition, site drainage from either project shall not be permitted to discharge directly into any roadway drainage system. 1). An eastbound right turn lane serving the: access roadway shall be provided prior to the issuance of any Certificate of Occupancy for the development. E. Compensating right-of-way fbi- turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing right -of -way. Such dedication shall be considered site related and there shall be no road impact fee: credit due the Developer. f. The County resem -cs the right to acquire right -of -way for the Pine Ridge Road six -lane project at a fixed cost for land and improvements without severance damages at the time needed. The basis of cost for any such acquisition shall be at the present market value horsed on the present zoning or on the applicant's cost to acquire the land, whichever is less. Any such right-of-way acquisition shall be made available to the County within 120 days of notification to either or both developers of the County's need for the land or at the time of filing for the first building permit for this site or the Pine Ridge Center West site, w-hicheNer comes first. U. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development H. Road Impact Fees shall be paid in accordance with Ordinance 92 -22, as amended, and shall be paid at trc; time building permits are issued unless otherwise approved by the Board of County Commissioners. MI required improvements, excluding right -of -way donations for roadway segments specifically m:.ntioned in the County's Five -Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92 -22, as amended, the Collier Countv Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. 12 12H2 • 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Collier County Land Development Code, if during the course of'site clearing, excavation or other construction actixity a historic or archeologi,;al artifact is found, all development %vithin the minimum area necessan, to protect the discovery shall be immediately stopped and the Collier County code Enforcement i)epartment and Development Senices Administrator, or his designee, contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified and shall comply with the :architectural and Site Design Guidelines and Standards of'the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, sips, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. A common architectural theme for the entire project shall be designated at the time of site development plan submittal. 4.10 ENA-IRQNA, I I -, NTA I A. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. 13. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning environmental staff' for review and approval prior to final site plart'construclion plan approval. C. Petitioner shall comply with the guidefines and recommendations of the U.S. Dish &. %Wildlife Ser%ice (1-1SFW*S) and Florida Game and Fresh Water Fish Commission (FGF��TC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a I iabitat Management Plan for those protected species shall be submitted to Current Planning 1:nvironmental Staff for review and approval prior to Final Site Plan,Construc lion Plan approval. 13 a A c 0 C yL ski � s ' sC� 164 ��3 h ".�-H2Xw i .4 K # a •I to 1i 4 W 3 Y; f� i JAI siR��s Y \ :3 w� e� 11,4TTON A. •SPF. A'Cf_ R PR0rf.V.W17A'41 1AA'P .vVRVr?V#.v 110473' IN I?RIRI' (r) f' rp.•, M�r•p•1••F 1 ✓.•ryl ►M.•Of �__. �-_ 1•..1• Nlw.♦•I;M aAw �Ili'••4 � Ili r.Nw + ✓��1 ,.EGAL CF SraiGTiCTI r n...w. yr'y'• •1 •..E yno•uwCA• rO4ytA Or SFC TION IA ^, w•,•,.•r a0 •• ;\I +u o.yi,E. :r, EAST COIUEe COUI•• • cLJo';;• T.ENCE Agri N 110' 33 30' E A10N0 T.IF .1041. L,yc Ot t.i NOOTawEST 1,4 Of SA,t1 AErtlnt. 1. r ') A A 0-%-A CC 0c l,SA 77 VEET •0 1..E N:+o t.wr Sr C ^e.lE4 Cr ' -E *IS' taE wfS' v; Oe IM N.o •..I AtT a ^c •..E yni +..•ACS1 �,A fr SAID SF C'r'1 '! 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'• •V, D• .I, 1. p•rin ♦.. r EXHIBIT "C" 12B2 • — — -- --- - -- 2S c LI A r �i a� 3 v 4+ � a a � Y M Vp•.w.N N w wwNb" 0400" hrN.j N ~044 ww 6APP I JA .n .w r .01 M ♦r .to M ■ .1110 PA I B 2 %s o, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98 -32 Which was adopted by the Board of County Commissioners on the 28th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of May, 1998. DWIGHT E. BROCK ` Clerk of Courts and Clerk Ex- officio to Board of County Commission rs Maureen Kenyon Deputy Clerk A Naples Deily News Naples, FL 33940 `' Affidavit of Publication Naples Daily News ---------------------------------------- --- +---- -- --- --- --- --- ------ - -- BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB Po BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 800551 57674738 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the 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: 04/12 ING ,ing on TUESDAY IL 28, 1"S. In the ORDINANCE ENDING ORDI• NCE NUMBER )2 THE COLLIER t�TY LAND DE- HPINCLUTDES THif APREHENSIVE IING REGULA. IS FOR THE UNIN- PORATED AREA OLLIER COUNTY, 21DA BY AMEND - THE OFFICIAL NG ATLAS MAPS BERED 1603N AND i_ BY CHANGING rKVPERTY FROM PLANNEDT UNIT P DE, VELOPMENT KNOWN BEACH RESORT WATERS FOR PROPERTY LO. CATED EAST OF C.R. 9Sl AND AND ON THE NORTH SIDE OF U.S. /1, IN SECTION 3 TOWN. SHIP EAST, COLLIER FP 8 CONSISTING OF LESS, PROVIDING FOR THE REPEAL OF ORDI• NANCE ASAMENDEEOR 9-r.2 LAKES PUD' AND BY PROVIDING AN EFFEC- TIVE DATE. AD SPACE: 95.000 INCH Douplos A. Wood of Sies. ky, PIlan b Wood, repre. FILED ON: 04/13/98 senting Foiling Waters Beach Resort, Limited, re- -------------------------------- ------------------ +------------ auestfng o zoning change -- from "PUD" "PUO" Signature of Affiant to Plonned Unit Develop. ment known as Foiling S!iorn to and Subscribed before me this Waters Beach Resort Ltd„ day of � � P I 1 ofr LPr located i end on the north side of U.S. t 1. Any person Personal Ly known by me - ,4 c r Who decld. es to oppeol a decision of the Board will need a re- cord of the proceedings pertolnlnp, thereto, and therefore may need to Irecord of the a oceed nQ is mode, which record In. cludes the testimony and evidence upon which the OP I is to be posed, ARID F OUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, •, CHAIRMAN DWIGHT E. BROCK, CLERK CLERK BY: /s/ Judy Akel, (SEAL Clerk April 12 No. 1176167 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, ctc,) ❑ Other: 'i AAAAAAAAAA RAAARR AA ARAAAAARRRRRRR ARARRAARAARAAA #AAA AA RRAAYRAA RARA RRA RAA AA ARRAAAAAA ARRAAAA RR AAR aRAf ARf RAAR J Originating DcpU Div' Comet Dcv.Scrv. /Planning Person. J Date: Petition No. (If none, give bricl'dcscriptiott): P D -37 -aft 3 �~ Petitioner: (Name & Address): Falling Waters Beach Resort Limited, 7200 Davis Blvd. Naples, Fl. 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Douglas A. Wood, Sicskv, Piton & Wood, 1000 Tamiami Trail North Suite 201. Naples, FL 34102 Hearing before XXX BCC BZA Other Requested hearing date: �-_ Based on advertisement appearing 13 da)s before hearing. Nc%vspaper(s) to be used: (Complete only if important): XXX Naplcs Daily Nc%cs Other Proposed Text: (Include legal description & common location & Size: ❑ Lcgally Required Companion pctition(s), if any & proposed hearing date: Does Petition Fee include advertising cost'? e No If Yes. % %hat account should be charged for advertising costs: 113-138323-649 110 (:-1 C G r! Reviewed bv: Division head List Attachments: 3 i ' 1 7 Approved b\ Dale Count• Manager DISTRIBUTION INSTRUCTIONS Daic A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting; Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. R RAARRRRAR RRRRRAA AAA RARARARRR AARRRRR ARA RA RRA AAA RAA AR Rf ARARA AA AA AAR AAA ARRARAR AA AAAAA RAAAARAf RA RfA RAAAAA AA RfR FOR CLERK'S OFFICE USE ONLY: Date Received: `j�1,5�`f Date of Public hcar m; 18 9 Date Ad\ernsed. if ..? 4 Ililltitltlttl 111tilllll li1111ItI Illllillll1ti11IIl1ItII1.IIIIIi Tot - - -- - -- ' rocaTZOxt mans nLM sm P'AZ l�O. t 263 -,4864 COHHEaiTSt Be: IIIllI11IIiI1i[1lilllll 111llllll lllilIlIiltliIilliliiiiI[ItII1I PROM! JUDY AKEL - MINUTES 6 RECORDS LocATioN: Collier County Courthouse 'y F= Na: ( 813) 774 -8408 (813) 774 -8406 IPHONE'NO: 715 03 16� 14 15 00 °01'56 192634864 1 OK 1 3 TOTAL ttPGA 42 Date sent: ITime sont: March 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD -87 -40(3) Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, 4c'O"ly eile"z Judy Akel, Deputy Clerk Purchase Order No. 800551 12B4 #9 - NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998, 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. AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTRY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1603N AND 1603S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FALLING WATERS BEACH RESORT LTD., FOR PROPERTY LOCATED EAST OF C.R. 951 AND ON THE NORTH SIDE OF U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.39 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92 -76, AS AMENDED, THE FORMER WOODFIELD LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Douglas A. Wocd of Siesky, Pilon & Wood, representing Falling Waters Beach Resort, Limited, requesting a zoning change from "PUD" to "PUD" Planned Unit Development known as Falling Waters Beach Resort Ltd., for property located east of C.R. 951 and on the north side of U.S. 41. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Judy Akel, Deputy Clerk (SEAL) 1 ?-P4w'% - March 16, 1998 Douglas A. Wood Siesky, Pilon & Wood 1000 Tamiami Trail North, Suite 201 Naples, FL 34102 Public Hearing to Consider Petition PUD -87 -40(3) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deouty Clerk Enclosure 1 ?�4w` _ March 16, 1998 Falling Waters Beach Resort Limited 7200 Davis Boulevard Naples, FL 34112 Public Hearing to Consider Petition PUD -87 -40(3) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure v ORDINANCE 98- ORDI: :ANCE AMENDING ORDINANCE NUXBER :1 -102, THE COLLIER COUNTY LAND DEVELOPMENT ODE, iiHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCC ?.PORATED L REA CF COLLIER COUNTY, FLORIDA, ?'t AMENDING THE OFFICIAL ZONING ATLAS" MAPS NUMBERED 1603N AND 16035 BY CHANGING THE Z0111' :G _LASSIFICATION CF THE HEREI:: :FSC ?:BED REAL PROPERTY FROM "PUD" "'0 "PUD" 'J;;IT DEVELOPMENT K;10'rJN AJ t! LLI:IG ;ir.TEP.S ..EACH RESORT :,TD. , FOR L'C,;7v: EAST OF r R. 95I AND C:: .... NORTH ":DE CF ,.5. 41, ItJ SECTION 3, TOWNSHIP RANGE 26 EAST, COLLIER CCUNTY, FLGR:%A, CONSISTING OF 76.39 ACRES, MOPE DP. ....JJ r.0'JIDlI'IG FOR THE REPEAL jF rP.DIt1T.t1�:., ::UMBER. :2 -76, AS AMENDED, THE FORXER 11000E IELD LAKES PUD; AND BY AN EFFECT i'... DATn. 1 ?B4"K - / �l n '/ i7�id, representing Fallinc ilaters �eacn ?.escrt, ..united, petitioned the Board of County Commissioners --, '.hange -he "nine __assificatio:, ;f the herein described real property; NOW THEREFORE ?E :T ORDAINED ?Y THE BOARD OF COUNTY COMMISSIONERS OF COLLIER ^OUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in 3Act_on 3, .- ,wnship i S Ut ., Range � East, :ounty, Florida, is changed from "PUD" to "PUD" Planned ^.it Selo Deg cner.t in accordance •.pith the PUD Document, attached hereto as Exhibit "A ", which is incorp; rate ne -e .. an ,- of _y reference made part hereof. The Official Zoning Atlas ..'Dg .',umrered _G03:1 and _603S, as described in Ordinance Number 91 -1C2, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance `.;mter 52 -76, as amended, known as the Woodfield La'res PUD, adopted :j, 1992 by ~!;e Ecard of _,unty Commissioners of Coll_er 'sUn•y, Iss hereby repealed in its ent_re* . 1284"10. - This ',rdinance shall beco.me effective upon filing with the Department -,f _'t3te. PASSEL ADOPTE': ::y Esard ::f -sr%rnissisners of :71 ATTEST: DWIGHT E. -EROCK, Clerk Approved as is Form and Legal Suff!cienc7 Marjorie X. Student Assistant ':Oun_y Attorney VPUD-41-4�:3, BOARD OF COUNTY COMMISSIONERS COLL:-:'R CCUNT'.," =�GRIDA BY: BARBAFA—B-. —BERRY, -Chairman -2- ?q4 "'0 -- FALLING WATERS BEACH RESORT A PLANNED UNIT DEVELOPMENT BY FALLING WATERS BEACH RESORT, LTD. NAPLES, FLORIDA PREPARED BY: Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS 10911 BONITA BEACH ROAD, SE BONITA SPRINGS, FLORIDA 33923 REVISED OCTOBER 19, 1992 BY THE COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT LIST OF EXHIBITS EXHIBIT "A" - PUD MASTER CONCEPT PLAN PHASE 11 EXHIBIT "B" - PUD MASTER CONCEPT PLAN PHASE 1 12P4"% - 1 -1 2 -1 3 -1 4 -1 5 -1 INDEX SECTION I - PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE SECTION 11 - PROJECT DEVELOPMENT SECTION III - COMMUNITY COMMERCIAL SECTION IV - MULTI - FAMILY RESIDENTIAL SECTION V - DEVELOPMENT STANDARDS LIST OF EXHIBITS EXHIBIT "A" - PUD MASTER CONCEPT PLAN PHASE 11 EXHIBIT "B" - PUD MASTER CONCEPT PLAN PHASE 1 12P4"% - 1 -1 2 -1 3 -1 4 -1 5 -1 ' iPI, aw� SECTION 1 PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE I.I PURPOSE The purpose of this section is to provide a legal description of the parcel, state the ownership and provide a description of the existing conditions of the parcel. 1.2 LEGAL DESCRIPTION A. PHASE 1: COMMERCIAL The parcel of land is more particularly described as follows: A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the East 1/4 corner of Section 3, Township 51 South, Range 26 East, run S 00 °41'31" W 629.67 feet; thence run N 53 °20'16" W on a line 400 feet north of and parallel with the North Right -of -Way line of Florida State Road 90 (US 41), a distance of 4350,31 feet to the East Right -of- -Way line of State Road S -951 and the POINT OF BEGINNING of the herein described parcel of land; Thence N 35 040'08" E 920.00 feet along said Right -of -Way line; Thence S 54 °20116" E 239.00 feet; Thence S 35 040'08" W 920.00 feet; Thence N 54 020'16" W 239.00 feet to the POINT OF BEGINNING. CONTAINING 5.05 ACRES MORE OR LESS. Subject to easements, restrictions and dedications of record. B. PHASE Ii: RESIDENTIAL. A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Beginning at the East '/4 corner of Section 3, Township 51 South, Range 26 East, tun S 00 °41'31" W 629.67 feet; Thence run N 54 °20'16" W on a line 400 feet North and parallel with the North Right -of- Way line of Florida State Road 90 (US 41), a distance of 4111.31 feet; Thence N 35 040'08" E 920.00 feet; Thence run S 54020-16" E 3468.61 feet to a point on the East section line of said Section 3; Thence S 00 046'03" W 492.58 feet along said East section line to the POINT OF BEGINNING, except that portion lying south and East of Street Road S -951 canal. Containing 69.32 acres more or less. Subject to easements, restrictions and dedications of record. A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Florida. From the East Quarter corner of Section 3 run with Section line South 0° 41' 31" West, a distance of 612.57 feet; thence North 89 ° 18'29" West, a distance of 722.35 feet to the intersection of the West right -of -way line of a County Drainage Canal with the North right -of -way line of State Road 90 (Tamiami Trail); thence with said Trail right -of -way line North 54 ° 20'16" West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right -of- -way line North 54 ° 20' 16" West, a distance of 220.00 feet; thence North 35 ° 39' 44" East, a distance of 400.00 feet; thence South 54 ° 20' 16" West a distance of 220.00 feet; thence South 35 ° 30' 44" West, a distance of 400.00 feet to the POINT OF BEGINNING. 12B4 "4 _ 1.3 OWNERSHIP The subject property is owned by Falling Waters Beach Resort, Ltd. 1 4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the east side of the Isles of Capri Road ((C.R.. 951) approximately 400 feet north of Tamiami Trail East (U.S. 41) The site is further described as being bounded on the west by Isles of Capri Road (C.R.. 95 1) ; on the East by [Henderson Creek; on the south by numerous small parcels fronting U.S. 41 which are about 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The project site contains approximately 76.87 acres of land presently zoned PUD, Planned Unit Development District. The subject property lies within the Collier County Water - Sewer Area and the Collier County Water Management District No. 6. 1.5 PHYSICAL DESCRIPTION The subject site is relatively flat with the exception of a Swale along CR -951. Elevations range from 5 2 to 8.6 with the average grade being elevation S.S. Topographic data indicates that the land probably drained southerly before construction of U.S. 41, but that she etflow pattern is presently obstructed The property adjacent to the north boundary appears a to drain into an abandoned quarry presently being used to store untreated drinking water for the Marco Island public water system and into Henderson Creek. Three soil types are present on the subject. property, as depicted by the soil survey for Collier County, Florida. These are 1) Broward fine sand, shallow phase 2) Ochopee fine sand marl, shallow phase and 3) cypress Swamp. A natural plant community of slash pine flatwood with palmetto occur on this site along with invading exotic hardwood species. The majority of the site is Pine flatwood and Cabbage Palm. In the areas of the site where scattered pines exist, the understory is composed of Saw Palmetto along with Wax Myrtle, Saltbush and Brazilian Pepper. Where Cabbage Palms are the dominant canopy, the understory is wild grape and Brazilian Pepper. Species of oaks are intermixed throughout the site. There is a small special treatment area in the northeast portion of the site, which will be preserved during development. 1.6 STATEMENT OF COMPLIANCE The Falling Waters Beach Resort Planned Unit Development is consistent with the Collier county Growth Management Plan for the following reasons: A The project site is designated Urban Residential and Mixed Use Activity Center on the Future Land Use Map and in the Future Land Use Element. The permitted uses in the commercial portion of the PUD are permitted in the Mixed Use Activity Center designation. The permitted uses in the residential portion of the PUD are permitted in the Urban Residential and Mixed Use Activity Center designations. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. The property lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre). The project provides for interconnection with the adjacent property to the North resulting in no subtraction of density. Also, dual access to arterial roadways is provided (C.R 951 and U.S. 41) resulting in the additions of 1 unit per acre . (from 3 units/acre to 4 units/acre). Properties designated Mixed Use Activity Center are Permitted a density of up to 16 units per acre which can be spread over the entire project. The full density of 16 units per acre is deemed appropriate and is awarded to this site. 15 acres, of the residential portion of this PUD are within the Mixed Use Activity Cenrsr land use designation resulting in 240 units (15 acres X 16 units/acre) . 54.3 acres of the residential portion of this PUD are within the Urban Residential land use designation 1.2 12B4 *4 - resulting in 216 units (54.3 acres X 4 units/acre). The total number of units permitted by the Density Rating System for this site is 456 for a density of 6.6 units/acre as no other provisions of the Density Rating system to add or subtract density are applicable . Therefore, the density of 6.5 units/acre (451 units) permitted by this PUD conforms to the Density Rating System contained in the Future Land Use Element, B. The project is compatible with surrounding land uses as required by Policy 5.4 of the Future Land Use Element. SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE 12-84 -1, _ The purpose of this section is to describe the general plan of development of the project, including land uses, density and phasing. 2.2 GENERAL Regulations for development of Falling Waters Beach Resort 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." Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PROJECT PLAN The project conceptual plan is shown on the accompanying Exhibits "A" and "B ", "Master Concept Plan" Phase I and Phase fl. The drawings show the land use tract which also includes the road right -of -way, In addition to the various areas and specific items shown on Exhibits "A" and "B ", utility, private, semi - public, etc., easements shall be established within the project as necessary for the service, function or convenience of the owners and tenants. 2.4 PHASING Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may be permitted to be hauled off -site in accordance with Division 3.5 of the Land Development Code Falling Waters Beach Resort Phase I (Commercial) will be developed as the lake excavation nears completion. Failing Waters Beach Resort Phase 11 (Residential will be developed in approximately four (4) phases. Estimates of the construction periods and number of dwelling units in each phase are included in Table I. The sequence, number of units in each phase and type of units in each phase may change during the course of the project as dictated by Market conditions, or as demand for certain types of housing becomes evident. TABLE I Phase ESTIMATED DEVELOPMENT PHASING SCHEDULE Completion No. of Units Start 1 112 1994 2 112 1996 3 112 1998 4 115 2040 2.1 128401 - The 21.5+ acre lakes will be excavated in accordance with Division 3.5 of the Land Development Code The excavated take depth will be ( -)6.5 feet NGVD. Excavation material may be permitted to be hauled off -site in accordance with Division 3.5 of the Land Development Code. 2.5 S1TF. DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Division 3.3 of the Land Development Code shall be followed for Site Development Plan approval. A. In the case of clustered buildings, required property development regulations may be waived or reduced provided a site development plan is approved under this section. 2.2 1?B.4m%- SECTION fit COMMUNITY COMMERCIAL 3.1 PURPOSE The purpose of this section is to indicate the development plan and regulations for the area designated on Exhibit "B" as Community Commercial (Phase 1). 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 49,000 square feet of floor space may be constructed. 3.3 USES PERMITTED A Per Article of the Land Development Code - All permitted (principal) uses and structures as allowed by C- 1, Commercial Professional District and also the following: I. Automobile service stations - fuel dispensing only (subject to all provisions of Section 2.6.28 of the Land Development Code and Section 3.4,H of this PUD document regarding the Marco Island Water supply). 2. Food markets. 3. Fast Food restaurants. 4 Restaurants. 5. Any other commercial use which is comparable in nature with the foregoing listed uses and which the Development Services Director determines to be compatible. B. Accessory Uses: I . Accessory uses and structures customarily associated with the uses permitted in the C -1 District for the C -1 uses. 2. Accessory uses and structures customarily associated with the uses permitted in the C -3 District for the C -3 type uses 1 isted in "A" above. 1 Signs as permitted in Division 2.5 of the Land Development Code. 3 4 REGULATIONS A GENERAL All yards, set- backs, etc. shall be in accordance with the following. B MINIMUM LOT AREA 1.0 acre C MINIMUM LOT WIDTH 200 feet. D MINIMUM YARDS I . Abutting C R. 951 - 50 feet 2. Street yard - 25 feet 3 Side or rear yard (other than C R 951 or street) - IS feet. E. MINIMUM FLOOR AREA 1. Ground Floor: Minimum 200 square feet. 2. Ground Floor: if elevated, Minimum 200 square feet. F OFF - STREET PARKING REQUIREMENTS As required by Collier County Regulations (Division 2/3 of the Land Development Code) in effect at the time Site Development Plan approval is sought. G. MAXIMUM HEIGHT 3.1 1284",* - Fifty (50) feet above the first finished floor of the building. El. No automobile service stations, convenience gores with gas pumps or other minor auto service uses, e.g., oil change business, shall be permitted unless and until the rock quarry pit to the North which provides water to Marco Island is discontinued as a source of public potable water supply. No PUD amendment is required to enact these uses once said use has been discontinued. Automobile service stations, convenience stores with gas pumps or other minor service uses shall be located on the southern half of the commercial parcel . 3.2 1,. - SECTION IV 2 P r MUTLI- FAMILY RESIDENTIAL 4.1 PURPOSE The purpose of this section is to set forth the regulations for the development of the phases within Falling Waters Beach Resort Phase If as designated on Exhibit "A ". 42 PERMITTED USES There will be a maximum of 451 dwelling units and one office on the site. No building or structure or part thereof shall be erect d altered or used, or land or water used, in whole or in part, other than the following e, A. PRINCIPAL USES I ) Multiple family dwellings, villas, cluster housing and one office. 2) Recreational areas - tennis courts swimming pool, clubhouse, ctc. 3) Commonly owned open tracts (jogging tract, lake, cypress preserve). 4) Water management facilities (owned by owner's association). . 5) Mandatory recreational membership area. 6) Commercial Excavation. B ACCESSORY USES I ) Customary accessory uses and structures 2) Signs as permitted by Division 2.5 of the Land Development Code. 3) Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. 4) Walls and fences constructed of materials and finished architecturally compatible with the principal structures to which they are accessory, shall be permitted subject to the provisions of Section 2.6.11 of the Land Development Code and this document 4.3 MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, there will be no minimum lot width, depth or area except as established by setback requirements set forth below. Overall density however, shall not exceed 6 5 dwelling units per gross acre 4.4 BUILDING SETBACK REQUIREMENTS The dimensions for minimum building setback shall be as follows I ) From all paved streets - 35 R. from pavement edge 2) From all property lines - 35 ft. 3) From the Henderson Creek maintenance easement - 25 ft. 4) Between structures - 20 ft or 1/2 the combined heights, whichever is greater. 4 5 MAXIMUM HEIGHT OF STRUCTURES The maximum height of all dwelling structures shall be 35 feet AS measured from the finis d floor of the first dwelling level as determined from the Flood Insurance Rate Maps. 4 t 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelling unit shall be 1000 square feet. 47 OFF STREET PARKING Off street parking shall be provided as required by the Division 2.3 of the Land Development Code in effect at the time of application for Site Development Plan Approval. 4.8 PROJECT LIGHTING Project lighting shall consist of appropriate street and pedestrian oriented site illumination. 4.9 COMMON AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other than the following: A. Principal Uses 1) Jogging tracts and walking paths. 2) Picnic areas. 3) Tennis courts, swimming pool and similar recreational and sporting actisities. 4) Storage of equipment for maintenance of common areas. S) Uses associated with maintenance of utility services as approved by the Development services Director. 6) Water management areas and facilities. 7) Preservation area. 8) Mandatory recreational membership area. 4.10 COMMON AREA OWNERSHIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership of a property owner's association or some such similar organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in Subsection 2.2,20.3 of the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4 11 RECREATIONAL FACILITIES Same as Section 4.9 above. 42 SECTION V DEVELOPMENT STANDARDS 5.1 PURPOSE 1294, The purpose of this Section is to set forth the standards for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official county Subdivision Code shall apply to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits "A" and "B ", Master Concept Plan, illustrate the proposed development. B The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site design alterations may be permitted subject to approval by the Development Services Director in accordance with Subsection 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. The roadways shown are to remain private. E The surface water management system will be owned and maintained by a property owner's association The water management system will utilize a man -made lake for detention of storm flows. Discharge will be to Henderson Creek. The swale along the CR -951 right -of- way will remain and a culvert will be installed at the entrance road. The culvert will be of sufficient size to maintain existing flow. 5.4 PROJECT DEVELOPMENT The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measure as the construction of signs, landscaping, erosion control and other similar - in- function facilities shall be taken to accomplish the above set forth objectives 5,5 ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS A Petitioner shall be subject to Division 3.9 of the Land Development Code requiring the acquisition of a vegetation removal permit prior to any land clearing. A site clearing plan shall be submitted to the Project Review Services Environmental Staff for their review and approval prior to any substantial work on the site. This plan may 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 possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B (Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design landscaping plan will be submitted to the Project Review Services Environmental Staff for their review and approval. This plan will depict the incorporation or native species and their mix with other species, if any, The goal of site landscaping shall 5.1 - 1 ?B4"% be the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C All exotic plants, as defined in Division 3.9 of the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals shall be filed with and subject to approval by the Project Review Services Environmental Staff. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Project Review Services Environmental staff notified. Development will be suspended for a sufficient length of time to enable the Project Review Services Environmental Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Project Review Services Environment Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E The boundaries of the "ST" preserve area shall be flagged by the petitioner, and subject to the review and approval of Project Review Services Environmental Staff. The area shall be fenced off prior to development activity. Only conservation - oriented uses, approved by Project Review Services Environmental Staff, will be allowed in this preserve area. The petitioner shall consult the U.S. Army Corps of Engineers and the Florida state Department of Environmental Regulation (DER) concerning the possibility of their wetlands jurisdiction over some areas on site. G. In the Site Development Plan process, the petitioner shall make every effort to incorporate mature oak trees in their existing locations into the project landscaping. This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for the preservation of the trees. Oaks which cannot be accommodated as such, may be transplanted by knowledgeable personnel to other areas on site. H Littoral zones of the lakes shall maintain a slope of 6:1 to a depth of 4 feet. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation in these areas shall be controlled. I Detailed site drainage plans shall be submitted to the Project Review Services Section for review. No construction Permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Project Review Services Section J The stormwater generated by this project shall be directed toward the south/southwest section of the project site K There shall be no on -site disposal of sewage effluent L- A 20 ft wide strip of land along the entire Henderson Creek frontage shall be reserved for use as a future easement for canal widening and maintenance purposes M This petition indicates that a portion of the development will be zoned commercial In the interest of protecting the Marco Island Public water supply from possible contaminants generated by the development, the Collier County Pollution Control Department shall have the opportunity to review future projects (Site Development Plans and Plats) associated with the commercial parcel 5 2 1284 -'99 - If the Collier County Pollution Control Department or other County departments request or require monitoring wells near the rock quarry pit to the north, the petitioner shall provide such monitoring wells and submit generated data to the appropriate County departments. 5.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5.7 WATER AND SEWER 1) Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinances No. 88 -76, as amended, and other Applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 3) The on-site water distribution system to serve the project must be connected to the District's 20 inch water main on the north side of S.R. 951 consistent with the main sizing requirements specified in the county's water Master Plan and extended throughout the project. During design of these facilities dead end mains shall be eliminated by looping the internal pipeline network. 4) The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on site pump station. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the county's sewer master plan 5) The existing offsite water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. b) The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the County's approved solid waste disposal service to provide for solid waste collection service to the Falling Waters Beach Resort project area 5 9 OTHER UTILITIES Telephone, power, and TV cable service shall be made available. All such utility lines shah be installed underground S Z - 12-B4" " 5 1 RIGHT -OF -WAY DEDICATION See Section 5.17 5 11 ARCHITECTURAL REVIEWS All buildings constructed within Falling Waters Beach Resort must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 5.12 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks and building separations as delineated by Section 2.6 2 of the Land Development Code, 5.13 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 5.14 LANDSCAPING AND BUFFERING All required landscaping and buffering shall be in accordance with Division 2.4 of the Land Development Code 5 15 WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted to the Project Review Services Section for review at the time of development. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Project Review Services Section 5 16 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following: I) There shall be only one access to C. R 95 I . It shall serve all of the commercial parcels and the residential portion of the project. The access shall be subject to permitting in accordance with Ordinance 82 -91. The access point shall align with the access point in Lely Resort PUD across CR -951 to the west 2) The developer shall provide left and right turn lanes on C R. 951 at the project entrance. If at all feasible, this construction shall be coordinated with the four laning of that roadway The entrance road intersection with C R. 951 shall include arterial level street lighting 3) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer The signal will be owned, operated and maintained by Collier County, 4) The developer shall provide up to 50 feet of right -of -way along the east side or C R 951 for turn lanes, bikeway, and drainage purposes The exact amount will be determined w;ien the right -of -way permit is applied for and shall be consistent with the County's comprehensive Plan and Growth Management Studies which establish the long term Transportation needs along C. R 951 . 5) These improvements are considered "site related" as defined in Ordinance 85 -55 and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Ordinance 85 -55; the 54 128404, - residential units shall be based on the fee for Multi- family Development and the commercial units shall be based on the fee for General Commercial Development. 5.17 POLLING PLACES Polling places shall be permitted as provided for in Section 2.6.30 of the Land Development Code. 5 18 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD Document shall be met by the developer prior to issuance of the final Certificate of Occupancy. 5.19 PLATTING Platting, if required, shall be in accordance with Division 3.2 of the Land Development Code. Platting shall be required if units are to be sold fee simple or if the project is developed as an integrated Phased SDP, in accordance with Section 3.2.4.4 of the Land Development Code. 5 20 BUFFERING A landscape buffer in accordance with Section 2.4.7, Alternative B, of the Land Development Code, shall be provided around the entire perimeter of the site except a more stringent buffer shall be provided if required by Section 2.4.7 5 5 I ?R,4 s EXHIBIT A. A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Beginning at the East IA comer of Section 3, Township 51 South, Range 26 East, run S 00 °41'31" W 629.67 feet; Thence run N 54°20'16" W on a line 400 feet North and parallel with the North Right -of- Way line of Florida State Road 90 (US 41), a distance of 4111.31 feet; Thence N 35 040'08" E 920.00 feet; Thence run S 54 020'16 "" E 3468.61 feet to a point on the East section line of said Section 3; Thence S 00°46'03" W 492.58 feet along said East section line to the POINT OF BEGTNNTNG, except that portion lying south and East of Street Road S -951 canal. Containing 69.32 acres more or less. Subject to easements, restrictions and dedications of record. �74�� - _. Ex arr 8 A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Florida From the East Quarter corner of Section 3 run with Section line South 00 41'3 1" West, a distance of 612.57 feet; thence North 89 • 18'29" West, a distance of 722.35 feet to the intersection of the West right-or-way line of a County Drainage Canal with the North right -of -way line of State Road 90 (Tamiami Trail); thence with said Trail right -of -way line North 54 ° 20'16" West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right -of -way line North 54 ° 20' 16" West, a distance of 220.00 feet; thence North 35 ° 39' 44" East, a distance of 400.00 feet; thence South 54 ° 20' 16" West a distance of 220.00 feet; thence South 35 ° 30'44- West, a distance of 400.00 feet to the POINT OF BEGINNING. . • FALLING WATERS BEACH RESORT ACCESS ROAD TO U.S. 41 HONORABLE PAMELA S. MAC "KIE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY RESPECTFULL Y SUBMITTED BEVERLY B. MCNAMARA 129 4 "EN ED 1-f L� '�? % 129 April 28, 1998 TO: Honorable Members of the C'o Board of C.'ounty Commissi r County oners �UM1i: Beverly McNama Falling Waters B sclReaide t Resort RE: Access Road From Falling %Vate rs To U.S. 41 East Ladies and Gentlemen: Attached please find pictures otthe access road mentioned above, everything looks like a ring of land' ditches, laying in finishing this roadway. pipes, Recently the developer has intimated that finish the access road and has suggested at does not wish to a pool in that area. RBestcd that he "mkt„ put I rnPeCtfully request that whkh 1 have also Attached refer to my letter of from a March S, 1998 very concerned neighborrith' together with a letter For safety reasons alone, we need this access road. ReipeCt fully Submitted. G pal, 12B 4 6660 Beach Resort Drive Unit #16 NsP1es, Florida 34114 April 28,1998 honorable ;tiiemben of the Collier County Board otConnty Commissioner Dear Sir /�i ads m: My name is Sandra Ssmissks, s concerned resident of Falling Waters Besch This letter b written due to my CgNCg� that the devtbper of Failing W �� Beach Resort is trying to renege on the promise that we would have a st ondters road to and from [1S, Highway 41, access llsving two separate accesses was one of the main reasons we purchased our almost two years ago, You see, l have s seventy -six year old mother who resides unit Msnstte Road. I felt very confident in the fact that 1 would besbit to reach on quickly in case of an emergency. My mother no longer drives and 1 am her her caretaker, She has numerous health problems. Recently Alligator Alley was closed and traffic was diverted south on 951, could forget trying to go south as the traffic was One long for at least THREE (3) hours,,,,,,, backed up approximately 8 miles would have been for any emergency vehicle to the BEACH bow difficult it resident bad had an emergency at this time, ll RESORT if any There moat s some us and give us Iegs"ties that would require this developer to keep is w the originally planned TWO (2) accesses to main highways, ord to Please take the time to understand bow concerned we fftk not only for all the other residents who are going to be residing here who aref counting or rIves but TWO accesses from Beach Resort. My bead and 1 feel chested,,,,! After on s�►ng contracts of purchase to find ont now that the developer is +rat rjcee in h. Promise. lle not truly thinking of our safety keeping is expense- Please do not deny as a FULL Access Road. lining his Pockets at our Sincerely yours, 4 n Sandra and Michael Ssmlaska 128 ,MARCH S, 1998 TO: COLLIER COUNTY PLANNING CO:MAIISSION BOARD OF COUNTY CO-'#itifISSIOYERS FROM: RESIDENTS OF FALLING WATERS BEACH RESORT RE: PROPOSED A.%IF,ND.%fENT DELETING ACCESS ROAD FRO�1 FALLIN WATERS PROJECT TO U.S. 41 FAST C' J Dear Sir/.Madam: Attached please find a petition plus (2) articles in su delete the access road as mentioned above, for the follows g reasons: to 1OT (1) There are only 8 buildings occupied, approximately 20 more to be constructed. Why can't this issue wait until the occupants of these buildings can have a say concerning directly this access road since they will be burry? affected and closer to the access. In other words, what's the big (2) That increased construction at Fiddlers Creek and Rattlesnake Hammock will greatly increase traffic now on to 951; (3) That the access ingreWegress is necessary for safety vehicles should have the option of enters g the project r wit out a ba�l�ergency e it stands now, the existing ingreWegress is inadequate to accomodate delivery trucks and the gate has been struck at least 4 to S times. (4) And for other reasons to be discussed at meeting time. We reslxctfuil appeal to your good judgement and consideration to us as residents y who have to live here and are subject to anything this developer decides to do. Please deny the Petition to Amend at this time. RESPECTFULLY' SUBMITTED. M§6 128 4 WE THE IINDERSIGNED RESIDENTS OF BEACH RESORT, FALLING WATERS DO HEREBY OPPOSE THE DELETION OF THE ACCESS ROAD FROM THE DEVELOPMENT TO U.S. 41 EAST AS PROPOSED IN PUD-87 -44(3) "04 �. NAME: �� a� - ADDRESS: NAME: A a 4.t e. S,4101 ! ,q sir 9Y/1 ? 7 S' a NAME: � ADDRESS: io NAME: ADDRESS: NAME: , ADDRESS: i ADDRESS: NAME: ADDRESS: rrt � ,y , NAME: '�' 4'r ' - I - — .:�1� -IL ADDRESS: i � � � �, ��, �IX. ��1 1 NAME: r. , /,y ADDRESS: 5 c:✓ r 1 J. 12e 4 WE TiIE; UNDERSIGNED RESIDENTS OF BEACH RESORT, FALLING WATERS DO HEREBY OPPOSE THE DELETION OF TILE ACCESS ROAD FROM THE DEVELOPMENT TO U.S. 41 EAST AS PROPOSED IN PUD4740(3) NAME: ADDRESS: ADDRESS: A (�%IJ ADDZS-. • NAMADD _ I 1tuA —<i � NAME: A ADDRESS: NAME;: ADDR S1 0.) rA T 6 - G NAME: ADDRESS: NAME: A/ ADDRESS: ADDRESS:_-, • ;' NAME: ADDRESS: -� t-7 r7 ,< �' WE THE UNDERSIGNED RESIDENTS OF BEACH RESORT, FALLING WATERS DO HEREBV OPPOSE THE DELETION OF THE ACCESS ROAD FROM THE DEVELOPMENT TO U.S. 41 EAST AS PROPOSED IN PtTD- 8740(3) NA1tE: I' � ADDRESS: i 7 r 1, L4 ' NAME: -�' / �3 ) L` ADORES.: . , 0, -, 2 Ch) ; �, f /; y`` l'?fh C r i n e. NAME: , ADDRESS- o - Ole r, tiAME: AD DR NAME: o " s ADDRES.'• f 70 NAME: �� Y ADDRESS: •ac -7 • _ NA%1E;: 1 ' ADDRF NAME:: ADDRESS: NAME: r r ' ADDRESS: NAME: � F-'� • • � ADDRESS: 7' A 1o'1 rn r, n t ry;"f ool 3y01i (7) (1) WE THE UNDERSIGNED RESIDENTS OF BEACH RESORT, FALLING WATERS DO HEREBY OPPOSE THE DELETION OF THE ACCESS ROAD FROM THE DEYELOPiMENT TO U.S. 41 EAST AS PROPOSED IN PIED - 8740(3) 128 4 NAME: r ADDRESS: NAME.: ADDRESS: !t Z, 7 - ov ! r NAME: ADDRESS: � NA,1i E• ADDRESS: -►� r i,., NAME: ADDR ES. : NAME: ADDRESS: ADDRESS'- S A,tif E.: ADDRESS ot � NAME: ADDRESS: NAME: ' i I 3 yir y 12844,1 0?DI.' ANt -F 98- 33 A. :J ;RD:.JA:J ".. A.:,..t; ;:1.: ORDINANCE NUMBER. +' -102, THE ;.i.iE:? n!1:JT'f LAND DEVELOPMENT COMPRF.HEIISIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER. COUNTY, FLORIDA, BY AME`IDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1603N AND 1603S BY CHANGING THE 7.ONrNG CLASSIFICATION OF THE HEREIN DES(-P.IBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FALLING WATEPS BEACH RESORT LTD., FOR PROPERTY LOCATED EAST OF C.R. -";i AND ON THE NORTH ,ICJ: OF U.S. 41, IN SECTION 3, TOWNSHIP 51 30'J"H, RANGE 26 FAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.39 ACRES, MORE OR PROVICING FOR THE REPEAL OF ORDINANCE 11'1M6ER 92 -76, AS AMENDED, THE FORMER i1O0bFIELD LAKE^ PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Douglas A. Wood of Siesky, Pilon & Wood, representing Falling staters Beac7, Resort, Limited, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE :3E IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ccrTrnu nrrr. The Zoning Classification of the herein described real property locate! in Section ?, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which i:, incorpor,3ted herein and by reference made part hereof. The Official Zoning Atlis 'Saps numbered 16031; and 1603S, as described in Ordinance Number 91 -1Ct, th-. C,>ilier County Land Development Code, are hereby amended acccr di. ^1y. SECTI0:1 "?,0: Ordinance N, ;mce: 92 -76, as amended, known as the Woodfield Lakes PUD, adopted on Cc_oier 19, 1992 by the Board of County Commissioners of Collier CoLnry, is hereby repealed in its entirety. me 12B414-# SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2y day of i�,y l � 1998. 7 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY, _ BAR S f r Approved a's'to Forrr and Legal Sufficiency Marjd�ie t4. Stu ent Assistant County Attorney -2- 1284 *4 FALLING WATERS BEACII RESORT A PLANNED UNIT DEVELOPMENT BY FALLING WATERS BEACI I RESORT, LTD. NAPLES, FLORIDA PREPARED BY: Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS 1911 BONITA BEACII ROAD, Si: BONITA SPRINGS, FLORIDA 33923 REVISIONS PREPARED BY SIESKY, PILON & WOOD ATTORNEYS AT LAW 1000 N TAMIAMI TRAIL SUITE 201 NAPLES, FLORIDA 34102 REVISED MARCH 4, 1998 BY THE COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT EXHIBIT "A" 12B4m INDEX SECTION I - PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE 1 -1 SECTION it - PROJECT DEVELOPMENT 2 -1 SECTION III - COMMUNITY COMMERCIAL 3 -1 SECTION IV - %IIJI.TI- FAMII.N' Rl*SiDGN,rlAl, 4 -1 SECTION V - DEVELOPMENT STANDARDS 5-1 LIST OF I; XIIIBITS EXHIBIT "A" - PUD MASTER CONCEPT PLAN 12844 -4 SECTION I PROPI:R7 Y O%'NF.RSI IIP. DESCRII'T ION AND STAT1 ?M111 ?NT OF COMPLIANCE. I I PURPOSE. The purpose of this section is to provide a legal description of the parcel, state the ownership and provide a description of the existing conditions of the parcel. 1.2 LEGAL DESCRIPTION A PHASE 1. COMMERCIAL The parcel of land is more particularly described as follows A tract of land lying in Section 3, Township 51 South, Range 26 Fast, Collier County, Florida, being more particularly described as follows Commencing at the Fast 114 corner of Section 3, Township S I South, Range 26 Fast, run S (X1'4 I'31" W 629 67 feet, thence nun N WNW W on a line 400 feet north of aril parallel with the North Right -of -Way line of Florida State Road 90 MS 41), a distance of 4350 31 feet to the East Right -of -Way line of State Road 5 -951 and the POINT OF BEGINNING of the herein described parcel of land, Thence N 35'47OR" F. 920 00 feet along said Right -of -Way line, Thence S 54'2716" U-239 00 feet, Thence S 35'40'08" W 920 Oo feet; Thence N 54 °20'16" W 239.00 feet to the POINT OF BEGINNING. CONTAINING 5.05 ACRES MORE OR LESS Subject to easements, restrictions and dedications of record B PHASE It RESIDENTIAL. A tract ofland lying in Section 3, Township 5 I South. Range 26 East, Collier County, Florida, being more particularly described as follows. Beginning at the Fast '% corner of Section 3, Township 51 South, Range 26 Fast, nun S (X)^41'31" W 629 67 feet, thence run N 54'20'16' W on a line ,I(X) feet North and parallel with the North Right - of- Way line of Florida State Road % (US 41), a distance of 41 1 1.31 feet; thence N 35 °40'08" E 020 00 feet, thence run S 54'20'16" 1: 3468 61 feet to a point on the East section line of said Section 3, thence S W'46'03" W 492 58 feet along said East section line to the POINT OF BEGINNING, except that portion lying South and East of Street Road 5 -951 canal. Containing 69.32 acres n.ore or less Subject to easements, restrictions and dedications of record C PI IASI: III RECREATION PARCEL A parcel in Section ?, Township 51 South, Range 26 East, Collier County, Florida From the East Quarter corner of Section 3 run with Section line South O' 41' 31" West, a distance of 612 57 feet, thence North 89 ' 18' 29" West, a distance of 722.35 feet to the intersection of *he West right -of -way line of a County Drainage Canal with the North right -of -way line of State Road 90 (Tamiami Trail), thence with said Trail right -of -way line North 54 ' 20'16" West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right -of -way line North 54 ' 20' 16" West, a distance of 220 Oo feet: thence North 35 ' 39'44" East, a distance of 400 00 feet, thence South 54 ' 20' 16" East a distance of 220.00 feet, thence South 35 ° 30'44" West, a distance of400 00 feet to the POINT OF BEGINNING Containing 2.02 acres more or less.. 284 13 OWNF'RSiiiP The subject property is owned by Falling Waters Beach Resort, Lid 1 4 GENERAL DESC.RiPTION OF PROPERTY AREA The subject property is located on the cast side of the (C R 951) approximately 4fm feet north of Tamiami Trail Fast (U S 41) The site is further described as being hounded on the West by C.R.. 951, on the Fast by Ilenderson Creek. on the South by numerous small parcels fronting U.S. 41 which are abort 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The project site contains approximately 76.97 acres of land presently zoned PUD, Planned Unit Development District The subject property lies within the Collier County Water - Sewer Area and the Collier County Water Management District No 6 1 5 PHYSiCAL DESCRIPTiON The suhjcct site is relatively flat with the exception of a swale along ('R -951 Iilcvations rang: from 5 2 to 8 6 with the average grade being elevation 5 5 Topographic data indicates that file land prohably drained southerly before construction of 11 S 41, but that sheetllow pattern is presently ohstnucted 'I he property adjacent to the north houndary appears to drain into an abandoned quarry presently being used to store untreated drinking water for the Marco Island public water system and into Henderson Creek Three soil types are present on The subject property, as depicted by the soil survey for Collier County, Florida These are 1) Broward fine sand, shallow phase 2) Ochopec fine sand marl, shallow phase and 3) cypress Swamp A natural plant communityof slash pine flatwood with palmetto occur on this site along with in%ading exotic hardwood species The majority of the site is Pine flatwood and Cabbage Palm. In the areas of the site where vattered pines exist, the undcrstory is composed of Saw Palmetto along with Wax Myrtle, Saltbush and Brazilian Pepper Where Cabbage Palms are the dominant canopy, the undcrstory is wild grape and nrazilian Pepper Species of oaks are intermixed throughout the site There is a small s fecial treatment area in the northeast portion of the site, which will he preserved during development 1 6 STATi:.MLNT or ('omm,I,1NC1. The Falling Waters Beach Resort Planned I'nit Development is consistent with the Collier County Growth Management Plan for the following reasons A The project site is designated Uthan Residential and Mixed Use Activity Center on the future Land t'se Map and in the Future Land IIse Element The permitted uses in the commercial portion of the PIED are permitted in the \fixed Use Activity Center designation The permitted ones in the residential portion of the PUD arc permittcd in the Urban Residential and Mixed Ilse Activity Center designations Properties designated Urban Residential arc permitted a base density of up to 4 units per acre 'rhe property lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre) Properties designated Mixed Use Activity ('enter are permitted a density of up to 16 units per acre which can he spread over the entire project The full density of 16 traits per acre is deemed appropriate and is awarded to this site 15 acres of the residential portion of this PUD arc within the Mixed Use Activity Center land use designation resulting in 240 units (15 acres X 16 units/acre) 54.3 acres of the residential portion of this PUD are within the Urban Residential land use designation resulting in 216 units (54 3 arses X 4 units/acrc). The total number of units permitted by the Density Rating System for this site is 456 for a density of 6 6 units/acre as no other provisions of the Density Rating System to ade or subtract density arc applicable Therefore, the density of6 5 units/acre (451 units) permitted by this PIID conforms to the Density Rating System contained in the Future Land (Ise Element 12 1294,q : d. The project is compatible with surrounding land uses as required by Policy S 4 of the Future Land Use Element 1.1 SECTION If PROJECT DEVELOPMENT 2.1 PURPOSE aR4f4,. The purpose of this section is to describe the general plan of development of the project, including land uses, density end phasing. 2.2 GENERAL Regulations fix development of Falling Waters Beach Resort 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." Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PROJECT PLAN The project conceptual plan is shown on the accompanying Exhibit "A ", "Master Concept Plan ". The drawings show the land use tract which also includes the road right-of-way. In addition to the various areas and specific items shown on Exhibit "A ", utility, private, semi-public, etc, easements shall he established within the project as necessary for the service, function or convenience ofthe owners and tenants 2.4 PHASING Lake excavation will begin upon receipt of the required Excavation Permit. Excavated material may be permitted to be hauled off-site in accordance with Division 3 5 of the Land Development Code. Falling Waters Reach Resort Phase I (Commercial) will be developed as the lake excavation nears completion Falling Waters Reach Resort Phase II (Resi(lential) will he developed in approximately four (4) phases Estimates of the constriction periods and number ofdwelling units in each phase arc included in Table I The sequence, number of units in each phase and type of units in each phase may change during the course of the project as dictated by market conditions, or as demand far certain types of housing becomes evident TABLE I ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Completion No. of Units Start 1 112 1994 2 112 1996 3 112 1998 4 115 2(100 The 21 5 + acre lakes will be excavated in accordance with Division 3.5 of the Land Developnent Code The excavated lake depth will be (•)6 5 feet NGVD Excavation material may be permitted to be hauled oft site in accordance with Division 3 5 of the Land Development Code 21 2 S SITE DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Division 3 3 of the Land Development Code shall be G Development Plan approval A In the case of residential structures with a common architectural theme, re( development regulations may be reduced provided a site plan is approve( County Planning Commission in accordance with Article 2, Division 2.6, Se of the Collier County Land Development Code 22 1284 . SECTION III COMMUNITY COMMERCIAL, 3.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area Jesignated on Exhibit 'A" as Community Commercial 3.2 MAXIMUM SQUARE FOO'rAGF? A maximum of 49,000 square feet of floor space may be constructed. 3.3 USES PERMITTED A Per Article 2 of the Land Development Code - All permitted (principal) uses and structures as allowed by C- 1, Commercial Professional District and also the following: I . Automobile service stations - fuel dispensing only (subject to all provisions of Section 2 b 28 of the Land Development Code and Section 3A. 11 of this PUD Document regarding the Marco Island water supply) Food markets 3 Fast food restaurants 4 Restaurants. 5 Any other commercial use which is comparable in nature with the foregoing listed uses and which the Development Services Director determines to be compatible. B. Accessory Uses: I Accessory uses and structures customarily associated with the uses permitted in the C -I District for the C -I uses 2 Accessory uses and structures customarily associated with the uses permitted in the C -3 District for the C -3 type uses I isted in "A" above. 3 Signs as permitted in Division 2 5 of the Land Development Code 3.4 REGULATIONS A. GENERAL All yards, set - backs, etc. shall he in accordance with the following B. MINIMUM LOT AREA 1.0 acre C ,MINIMUM LOT WIDTII 200 feet D MINIMUM YARDS I Abutting C R 951 - So feet 2 Street yard - 25 feet 3 Side or rear yard (other than C . R 951 or street) - 15 feet. E. MINIMUM FLOOR AREA 1. Ground floor - Minimum 700 square feet. F. OFF-STREET PARKING REQUIREMENTS As required by Collier County Regulations (Division 2.3 of the Land Development Code) in effect at the time Site Development Plan approval is sought. G MAXIMUM HEIGHT Fifty (50) feet above the first finished floor of the building. ;. 1 1 ZR4 ".o N. No automobile service stations, convenience stores with gas pumps or other minor auto service uses, e.g., oil change business, shall be permitted unless and until the rock quarry pit to the North which provides water to Marco Island is discontinued as a source of public potable water supply. No PUD amendment is required to enact these uses once said use has been discontinued. Automobile service stations, convenience stores with gas pumps or other minor service uses shall be located on the southern half of the commercial parcel. 3.2 SECTION IV MULTI- FAMII.Y RESIDENTIAL. 4.1 PURPOSE 12-84 4 The purpose of this Section is to set forth the regulations for the development of the phases within Falling Waters Beach Resort Phase 11 as designated on Exhibit "A" 4.2 PERMITTED USES There will be a maximum of 451 dwelling units and one office on the site No building or structure or part thereof shall be erected, altered or used, or land or water used, in v, hole or in part, other than the following. A PRINCIPAL, USES 1) Multiple family dwellings, villas, cluster housing and one office 2) Recreational areas - tennis courts swimming pool, clubhouse, etc. 3) Commonly owned open tracts (jogging tract, lake, cypress preserve) 4) Water management facilities (owned by owner's association). 5) Mandatory recreational membership area 6) Commercial excavation B ACCESSORY USES I ) Customary accessory uses and structures. 2) Signs as permitted by Division 2 5 of the Land Development Code. 3) Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. 4) Walls and fencesconstnutedofmaterialsandfinishedarchitecturallycompatiblewith the principal structures to which they are accessory, shall be permitted subject to the provisions of Section 2.6 11 of the Land Development Code and this document. 4.3 MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, there will be no minimum lot width, depth or area except as established by setback requirements set forth below. 4.4 BUILDING SETBACK REQUIREMENTS The dimensions for minimum building setback shall be as follows I ) From all paved streets - 35 fl. from pavement edge. 2) From all property lines - 35 fl 3) From the Henderson Creek maintenance easement - 25 fl 4) Between structures - 20 fl or' z the combined heights, whichever is greater. 4.5 MAXIMUM HEIGH,r OF STRUCTURES The maximum height of all dwelling structures shall be 35 feet as measured from the finished flo3r of the first dwelling level as determined from the Flood Insurance Rate Maps. at 12941" 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelling unit shall be ION) square feet 4.7 OFF STREET PARKING Off street parking shall be provided as required by the Division 2.3 of the Land Development Code in effect at the time of application for Site Development Plan Approval. 4.8 PROJECT LIGHTING Project lighting shall consist of appropriate street and pedestrian oriented site illumination 4.9 COMMON AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other than the following: A Principal Uses 1) Jogging tracts and walking paths 2) Picnic areas. 3) Tennis courts, swimming pool and similar recreational and sporting activities 4) Storage of equipment for maintenance of common areas S) Uses associated with maintenance of utility services as approved by the Development Services Director, 6) Water management areas and facilities. 7) Preservation area. 8) Mandatory recreational membership area. 4.10 COMMON AREA OWNERS IIIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership of a property owners' association or some such similar organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in Subsection 2.2 20 3 of the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4 11 RECREATIONAL FACILITIES Same as Section 4 9 above 4.2 1 294«4 -. SECTION V DEVIiLOPMENT STANDARDS 5.1 PURPOSE 'fhe purpose of this Section is to set forth the standards for the development of this project. 51 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Code shall apply to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits "A" and "B ", Master Concept Plan, illustrate the proposed development B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall he understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site design alterations may he permitted subject to approval by the Development Services Director in accordance with Subsection 2.7 3 S of the Land Development Code C. All necessary easements, dedications, or other instruments shall he granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. The roadways shown are to remain private. E. The surface water management system will be owned and maintained by a property owners' association The water management system will utilize a man -made lake for detention ofstorm flows Discharge will be to I lenderson Creek The Swale along the CR -951 right -of- -way will remain and a culvert will be installed at the entrance road. The culvert will be ofsufiicient size to maintain existing flow 5 4 PROJECT DEVELOPMENT The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem Such measures as the construction of signs, landscaping, erosion control and other similar -in- function facilities shall be taken to accomplish the above set forth objectives 5.5 ENVIRONMENTAL AND DRAINAGE. CONSIDERATIONS A Petitioner shall be subject to Division 3 9 of the Land Development Code requiring the acquisition ofa vegetation removal permit prior to any land clearing. A site clearing plan shall he submitted to the Planning Services Department for their review and approval prior to any substantial work on the site This plan may 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 possible and how ro 'Ids, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Planning Services Department for their review and approval. This plan will depict the incorporation of naive species and their mix with other species, if any. The goal of site landscaping shall be the St 1 284 - , recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in Division 3 9 oft he Land Development Code, shall he removed during each phase of construct ion from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion ofthe site by such exotic species. This plan, which will describe control techniques and inspection intervals shall be filed with and subject to approval by the Planning Services Department D If during the course of site clearing. excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Planning Services Department Staff notified Development will be suspended for a sufficient length of time to enable the Planning Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The boundaries ofthe "ST" preserve area shall be flagged by the petitioner, and subject to the review and approval of Planning Services Department 'fhe area shall he fenced off prior to development activity Only conservation- oriented uses, approved by the Planning Services Department, will be allowed in this preserve area F The petitioner shall consult the U S Army Corps of Engineers and the Florida State Department of Environmental Protection (DEP) concerning the possibility of their wetlands jurisdiction over some areas on site G In the Site Development Plan process, the petitioner shall make every effort to incorporate mature oak trees in their existing locations into the project landscaping. This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for the preservation of the trees Oaks which cannot he accommodated as such, may be transplanted by knowledgeable personnel to other areas on site If Littoral Tones of the lakes shall maintain a slope of b 1 to a depth of 4 feet All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation in these areas shall be controlled I Detailed site drainage plans shall he submitted to the Planning Services Department for review No construction permits shall he issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department 1 The stormwater generated by this project shall he directed toward the south/southwest section of the project site K There shall be no on -site disposal ofwwage effluent L A201`1 wide strip of land along the entire I lenderson Creek frontage shall be reserved for use as a future easement for canal widening and maintenance purposes M. This petition indicates that a portion of the development will be zoned commercial. In 'he interest of protecting the Marco Island public water supply from possible contaminants generated by the development, the Collier County Pollution Control Department shall have the opportunity to review hiture projects (Site Development Plans and Plats) associated with the commercial parcel. If the Collier County Pollution Control Department or other County departments request or require the monitoring of the wells near the rock quarry pit to the north, the petitioner s ;;all 5.2 1284 provide such monitoring of the wells and submit the resulting data to the appropriate County departments. 5.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing ofthe easements for installation of underground utilities shall he selective so as to protect the maximum number of trees and natural vegetation. 5.7 WATER AND SEWER 1) Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations 2) All customers connecting to the water distribution and sewage collection facilities to he constricted will be customers orthe County and will be billed by the County in accordance with the County's established rates 3) The on -site water distribution system to serve the project must be connected to the District's 20 inch water main on the north side of S R. 951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities dead -end mains shall be eliminated by looping the internal pipeline network. 4) The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on- site pump station The Developer's Engineer shall meet with the County stafl'prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. 5) The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 6) The existing off site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 SOLID WASTE DISPOSAL Arrangements and agreements shall he made with the County's approved solid waste disposal service to provide for solid waste collection service to the Falling Waters Beach Resort project area 5.9 OTHER UTILITIES Telephone, power, and TV cable service shall be made available. All such utility lines shall be instal!ed underground. 5.10 RIGHT -OF -WAY DEDICATION See Section 5.17 5.11 ARCHITECTURAL. REVIEWS 53 )- 2 B 4 All buildings constructed within Falling Waters Beach Resort must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 5.12 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the constriction of the principal structure and shall conform with the setbacks and building separations as delineated by Section 2.6.2 of the Land Development Code. 5.13 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 5.14 LANDSCAPING AND BUFFERING All required landscaping and buffering shall be in accordance with Division 2 4 of the Land Development Code 5.15 WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted to the Planning Services Department for review at the time ofdevelopment. No construction permits shad be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. 5.16 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following I) There shall be only one access to C.R. 951. It shall serve all of the commercial parcels and the residential portion of the project. The access shall be subject to permitting in accordance with Ordinance 82 -91. The access point shall align with the access point in Lely Resort PUD across CR -951 to the west. 2) The developer shall provide left and right turn lanes on C.R. 951 at the project entrance. If at all feasible, this construction shall be coordinated with the four - laning ofthat roadway The entrance road intersection with C R 951 shall include arterial level street lighting. 3) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County 4) The developer shall provide up to 50 feet of right -of- -way along the cast side or C.R. 951 for turn lanes, bikeways, and drainage purposes The exact amount will be determined when the right -of -way permit is applied for and shall he consistent with the County's Comprehensive Plan and Growth Management Studies which establish the long term transportation needs along C. R. 951. 5) These improvements are considered "site related" as defined in Collier County Ordinance No. 92 -22, as amended, and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Collier County Ordinance No. 92 -22, as amended, the residential units shall be based on the fee for Multi- family Development and the commercial units shall be based on the fee for General Commercial Development. .5.4 L ?B4,0., 5, 17 ACCESS TO U.S. 41 Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept Plan, Exhibit "A ", with the following conditions: 1) Left and right turn lanes shall be provided at the entrance if and when required by FDOr. The entrance road intersection with U.S. 41 shall include arterial level street lighting at the time it is constructed 2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the emergency entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. 3) These improvements are considered "site related" as defined in Collier County Ordinance No. 92 -22, as amended, and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Collier County Ordinance No. 92 -22, as amended; the residential units shall be based on the fee for Multi- family Development and the commercial units shall be based on the fee for General Commercial Development. 5.18 POLLING PLACES Polling places shall be permitted as provided for in Section 2.6.30 of the Land Development Code. 5.19 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD Document shall be met by the developer prior to issuance of the final Certificate of Occupancy. 5.20 PLATTING Platting, if required, shall be in accordance with Division 3.2 of the Land Development Code. Platting shall be required if units are to be sold fee simple or if the project is developed as an integrated Phased SDP, in accordance with Section 3.2.4.4 of the Land Development Code. 5.21 BUFFERING A landscape buffer in accordance with Section 2,4.7, Alternative B, of the Land Development Code. shall be provided around the entire perimeter of the site except a more s'ringent buffer shall be provided if required by Section 2.4.7. ACCESS TO U S. 41 /RRUmd 5.5 r l �� IAN �N� INS ItIll 1Ii� ? W4•i I Iii r•� rj u = STATE OF FLORIDA) COUNTY OF COLLIER) I, MIIGHT 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. 98 -33 Which was adopted by the Board of County Commissioners on the 28th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of May, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commission rs. B Maureen Ke yon,,.,, Deputy Clerk Maples Daily News Maples, FL 33940 Affidavit of Publication Maples Daily News WARD Of Colony COMMISSIONERS ATTN: NANCY SALOQO PO WX 413016 NAPLES Fl 3-L101 -3016 REFERENCE: 001230 800S51 57665196 NOTICE Of INTFAT TO State of Florida County of Collie► Before the undersigned autherity, personally appeared e. Laab, WW on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nevi, a daily newspaper published at Naples, In Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiont 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 heretafore been continuously published in said Collier County, Florida, each day and has been entered as second class "it wetter at the post office in Naples, in said Collier County, Florida, for a period of 1 year newt preceding the first publication of the attached copy of advertiseaent; and offiant further says that she has neither paid nor promised any person, firs) or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. FMISHEO ON: 03/29 AD SPACE: 1031000 INCH I FILED ON: 03/30/98 ------------------------------------------ Signature of Affisnt Sworn to and Subscribed before as this i day of Personally known by me PTO CO14S ERA ORMANCE K "roes riven � ow t�UES6Ar, RL 144, 2 f ba, a Msrranan sLACOM Cal- of o "a of of the 7rdinalce Is as RDINANCE IINO ORDI- IV OF q OR FOR ORDI- 91 -67, PUD- 91 -,�, wa- VVAMs of nes 3 &erf 3. may '+o on omenonwni 10 01 Oroowe Plaza C oNseof fhe proposed O► are on nle wHh WW CW% fo fhe Board and we ovoRoble for Inswc- 1010M AM I"Wesred porMes a iled to anend and Any person who decid- es to ono" o decision of fhe Board will need o re. Cord �of fhe proceedings ter � mWwrio ono ffW efore ov need to ensure +or a verbatim record of Ow proceedings Is mode es f} which record In- clud►e tesrlmony and M Woo K0 upon which the MP, RSOUNTY COL LIEN *COUNTY, FLORIDA AR AA�RiA B. BERRY, WIR HT B. BROCK, or. /s/ tint i wr on, DeputyCierk AAarch 29 No. 1170S9a 1 285 12R5� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please poste the following u a: XXX Normal k:gal Adw msemcm ❑ Othcr (Display My. location. etc ) AAAAAAAAAAAAAAAAAAAAAAAAAA AA AA ►AAAAAAAAAAAAAAAA AAA AAAAA.AA�7�AAA AA AA AAAw AAAAAAAAAAAAAA AAAAAA►A Af Af 1AA AAA Originating Dcpt/ Div: Comm Ikv Scry /Planning Petition No. (if none. gins brief description): Date: Oa _ 11(0- tie Petitioner: (Name & Address) Robert S Hatdr 1i2n9 Burnham Road tiaplcs FL 3� 119 Name & Address of any pemn(s) to be notified by Clerk's Office t tf more space is needed. att.7ch separate sheet) Wiliam R, Vittex Vines R �, plo. f_ 1a n1 Nearing before XXX DCC BZA Other Rcgttcstcd Hearing date �� 4- ��5 Based on advertisement appcinri; I S ays before hearing. Newspoper(s) to be used. (Complete only if important): XXX Naples Daily Ne.ns Other Proposed Tcxt (include legal dc;cription & common location & Site: Companion pctition(s). if any lie proposed hearing date Does Petition Fee include adnerti;ing cost' [-Yes ❑ 113.1393234p491 in Rcvic%%-cd bn ❑ Lcgally Required No If Yes. i. hat account should be charged for advertising costs: �C�i Division Hcad Date List Attachments: Appro.cd by Counts Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division If cad approval before submitting to County Manager. Note: If legal document Is involved. be sure that any necessary legal rc.icw. or request for same. is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original 8. Other licarings• Initia4rg Division Incaj tt approvc and sabint: original to Clcrk's Oacc. retaining a coryy for file. AAAAAAAAAAAAAAAAAAAAAAAAAAA• AAA AA AAAAAAAAAAAAAAAAAAAAAAAAA AAA•AAAA AAAAA AAAAAAAAAAf AAAAAAAARAAAAA A�AASAAAA•A FOR CLERK'S OFFICE USE ONLY: Date Received: /9 f Date of Public hcanng: /��,?— Date Ad.cn,sed:i� OF PAGES__ (including this cover) lt[ 11It tt11tii1111tit1it1I1111lIt [fill III 1I1I111IIti11111111111 TO: LOCATION: NAPLES DAILY WM VAX Ito.: 263 -4864 COM)ONTS: Re: FROM: ELLIE HOFFMAN MINUTES b RECORDS LOCATION: Collier County Courthouse FAX Zia : ( 813) 7 74 -84 08 PHONE 210: (813) 774 -8406 692 1 03-061 09:16 1 00"02'38 1 192634e64 693 1 03-06 09:43 1 00.01'57 19 92634864 Date gent: �jv�9� Time sent: 1265• 128 5!t March 5, 1991 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD- 91 -2(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, March 29, 1998, 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. 800551 12 B 5''� NCTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tummy APRIL 14 1998 in the Boardroom, 3rd Floor, Administration Building, Co lier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a .County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "Pt10" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTHBP.00KE PLAZA, FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF I -75 AIND NAPLES- IMMOKALEE ROAD (C.R. 846), IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91 -67, AS AMENDED, THE FORMER NORTHBROOKE PLAZA PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition PUD- 91 -2(i), William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting an amendment to the Northbrooke Plaza Planned Unit Development (PUD). Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invit -ed to attend and be heard. 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 bas(-d. BOARD OF COUNTY CC14MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIP14AN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 28 5 O-A March 3, 199w Mr. Robert S. Hardy 6289 Burnham Road Naples, FL 34119 Re: Petition PUD- 91 -2(1), Northbrooke Plaza PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128 5'09 March 3, 1998 Mr. William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, PL 34103 Re: Petition PUD- 91 -2(1), Northbrooke Plaza PUD Dear Petitioner: Please be ad•rised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APR Boardroom, 3rd Floor, Administration Building Government Center, 3301 East Tamiami Trail, Nap Board of County Commissioners will consider the County Ordinance. The meeting will commence at title of the proposed Ordinance is as follows: IL 14 1998, in the Collier County Les, Florida, the enactment of a 9:00 A.M. The AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 86195 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTHBROOKE PLAZA, FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF I -75 AND NAPLES - IMMOKALEE ROAD (C.R. 846), IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91 -67, AS AMENDED, THE FORMER NORTHBROOKE PLAZA PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition PUD- 91 -2(1), William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting an amendment to the Northbrooke Plaza Planned Unit Development (PUD). Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) *` "ORDINA4CE98 � � xf AN ORD19' C , 91 -102, THE"COLLIER COUNTY'LAN VE ENT �. CODE, WHICH INCLUDES THE COMPREHENSIVE' ZONING REGULATIONS- FOR-;THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY A14ENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLAN14ED UNIT DEVELOPMENT KNOWN AS NORTHBROOKE PLAZA, FOR PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF I -75 AND NAPLES- IMMOKALEE ROAD (C.R. 846), IN SECTION 19,'TOWNSHIP 48- SOUTH, RANGE 26 EAST, ` COLLIER' COUNTY; FLORIDA, CONSISTING OF 43 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91 -67, AS AMENDED, THE FORMEP. NORTHBROOKE PLAZA PUD; AND BY "PROVIDING AN EFFECTIVE DATE.. " WHEREAS, William R. Vines,�of.Vines & Associates, Inc., representing Robert S. Hardy, petitionedi,,tfie�,Board of County Commissioners to change the zoning classification of the herein des'ci d real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official- Zoning Atlas I-lap numbered 8619S, as described in Ordinance Number 31 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-67, as—amended, known as the Northbrooke Plaza PUD, adopted on July 30, 199111" C;;- nr:issi;,ners of Collier County, is hereby repealed in its entirety.`' SECTION TriREE: This Ordinance ,hall become efftrct vj• upon filing with the id -)f Sta`a. Z ,nYwi. � We _ Yyl. *. . .. ..Nt1k : l • a'aa!y " X 0 F f 12 -8 -97 NORTHBROOKE PLAZA A PLANNED UNIT DEVELOPMENT Preparcd for: CITIZENS & SOUTI TERN TRUST COMPANY (Florida) N.A. Prepared by: Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 34103 Phone: (8 13)) 262-4164 Date Filed: Date Revised: Date Recommended by CCPC: Date Approved by BCC: Ordinance Number: EXHIBIT "A" 129 5'" 12D5a% SECTION PAGE LOCATION MAP I STATEMENT OF COMPLIANCE ii PROJECT PLANNING TEAM iii SECTION I. PROPERTY OWNERSHIP AND DESCRIPTION 1 SECTION II. PROJECT DEVELOPMENT 3 SECTION III. PROJECT DEVELOPMENT REGULATIONS 7 SECTION IV. DEVELOPMENT COMMITMENTS 15 ATTACHMENT "1 " PUD MASTER DEVELOPMENT PLAN LAST c•f s In NI C -..IS I°R TPrIE u.l t lWnrt,. rY /1 r. ul I S(AI L• 11 ISrInS RtSr u.i AI ter' blar7 n. 4tF[S m cf vnn11A c PRts CR 846 wRAE( c.inx 5 f'1•tlj tat{ tR R(Cry. I rl i(0 IIIN� /pit. - Illr',.t� ARi �yy 1`,1 r{VR Y SU 7°R IK RM�I rlrrK !•(31r f - - 11.( rstAn . /Ian/YD1 I'll, ERriw I -I 75 °rIR U tartrc. I,.rf 'A1 ♦IA wU'rR INOS g k V I w[ufro] ur(.IRat «rxxrttnccr RtXL [ PY DMMIIf -- DmncEl t� f, ME 1- 75 DIP lIRPIID a_,] /, Mr]- J P C rrLVSIPI II /IRI( rPr •', rt�,II Plrr[ Iar M EI�r lMf[3 n �- API] wDOD "?R 4] ; ( , rf +n+Ic] n. rtlR PINE R10CE ROAD � �( 9, RC(aj 4u fMf�t 1. >I•f 01 HOLE, MONTES do ASSOCIATES, INC. 101 AD 2 09 cd15U( NIG FlIGItItERS - W(0 SIIRSEY(MS p7L(Q NAPLES RCIQTA SPRINGS ronr ►4tiT15 1L PROJECT MIT P°NTE COLLIER COUNTY, FLORIDA NORTHBROOKE PLAZA LOCATION MAP 12 B 5'`10 ',EE CNTY CGUIER CNTY ]'rr rq 1 88.102 12 8 5 '0% STATEMENT OF COMPLIANCE The development of 39.9 acres of land in Collier County as a Planned Unit Development to be known as Northbrooke Plaza, together with development of a 2.855 acre access road, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The commercial and residential facilities developed within Northbrooke Plaza will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The Future Land Use Elornent of the Collier County Growth Management Plan provides at page LU -1 -33 that "if any project is 75% within an Activity Center, the entire project shall be considered to be within the Activity Center." Slightly more than 80% of the subject property lies within an Interstate Activity Center. 2. The Future Land Use Element provides that, at page LU -1 -33, Activity Centers are intended to be mixed use in character, i.e., commercial, residential, institutional. Northbrooke Plaza will be a mixed use project. 3. The Future Land Use Element density rating system provides, at page LU -1 -29, that with respect to residential development, "if the project is within an Activity Center, up to 16 residential units per gross acre may be permitted." The residential component of the project complies with this provision. 4. The project will be served by a complete range of services and utilities, including potable water, sanitary waste treatment and disposal, electric power, telephone, cable television, solid waste removal. 5. The project will be in compliance with all applicable County regulations including the Growth Management Plan. 6. All final local development orders for the project will be subject to the Adequate Public Facilities Ordinance. 1285.14 PROJECT PLANNING TEAM The following professional firms comprise the Northbrooke Plaza Planning Team which prepared the PUD Master Plan, PUD Document, and all of the support materials which comprise the PUD Application package. Vines & Associates, Inc., Land Planner /Project Coordinator Hole, Montes & Associates, Inc., Engineers /Surveyors Kevin L. Erwin, Inc., Ecologist Barr, Dunlop & Associates, Inc., Traffic Engineers Young, vanAssenderp, Varnadoe & Benton, P.A., Attorneys Marketing Management, Inc., Market Analysis SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1 ?, 5 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 to be developed under the project name of: Northbrooke Plaza. The project site is 39.9 + /- acres in area. The legal description of the project follows this page. ': •' • ► : Title to the property is currently in Land Trust #5405, held by Citizens & Southern Trust Company (Florida) National Association, Naples, Florida P.O. Box 1857, Naples, Florida 33939 -1857. The property owner is the rezone petitioner. A. The property lies in the northeast quadrant of the 1 -75 /immokalee Road interchange in Section 19, Township 48 South, Range 26 East. B. The property is coned -A-2 PUD, , proposed to be rezoned to PUD Planned Unit Development for commercial, residential, and related uses. The property is bounded on the south and west by the Immokalee Road Canal and lies within the Cocohatchee River watershed. Elevation ranges from about 1 1.5 feet to 13 feet above mean sea level, averaging about 12.25 feet. Wetlands on the property are limited to a .49 acre triangular area in the southeast corner of the property. Most of the vegetation on the property is pine and associated upland plants. The southwesterly portion of the property was cleared and used as a storage /work area when the 1- 75 /lmmokalee Road interchange and the associated canal relocation construction was undertaken. Soil types on the property are predominately Arzell fine sand. There is a minor area of Broward fine sand along the westerly edge of the property, and a small amount of cypress swamp soil at the southeastern edge of the property. HOLE, MONTES AND ASSOC., INC. CONSULTING ENGINEEf1S — PLnNNEns — LAND SURVEYOM 1285 '"1 IIMA File No. 88.102 1/6/89 39.9 here Parcel (project area) A parcel of land looted in the Southeast cpuarter of Section 19, Township 48 South, Range 16 Last, Collier County, Florida, being more particularly described as follows: Cornnrence at the 'SUUlheilSt corner of Section 19, Townshlp 48 South, Range 26 Last, Collier Counly, i=luricJa, thence run South 89 °34'36" West along the South lint! of the Southeast cpuarter of the said Seclio►r 19 for a distance of 100.00 feet; lhenrce run North 000112154" West parallel with the East line of the Suutheasl quarter of (lie said Section► 19 for a distance of 100.00 feet to a Puint on ihr. Northerly litre of a 100.110 fool Coutrly Canal easement and the POINT OF L'I:GI1`1111MG of the Marcel of land herein described; thence continue ' o tii UU"tl1'S4ir--i eY t pparallel with the East line of the Southeast quarter of the said Section 19 for a distance of 1,2113.75 feet; thence run South 89 °17106" West for a distance of 450.00 feet; thence run North 45045100" West for a distance of 200.00 feet; thence run North 281313100" West for a distance of 321.01 feet; thence run North 78 155138" West fur a distance of 544.92 feet to the Northeasterly cut-tier of a drainage easement recorded in Official Record Book 365 at Page 414 of the Public Records of Collier County, Florida; thence run South 01 1137119" Last alony the Easterly fine of said drainage easement for a distance of 11112.73 feel to the beginniny of a tangential circular curve concave to the East; thence run Southerly along the arc of said curve to the left, same beiny the Easterly line of said drainage easement, having a radius of 2,650.79 feel thruuyh a central angle of 1003110811, subtended by a chord of 486.711 feel at a bearing of South 66115312311 East, for• a distance of 487.43 feel to the end of said curve; thence run South 11 109'17" East along the Easterly line of the said drainaye easenrenl for a distance of 675.77 feet; thence run South 118 "49'110" Cast alone) the Easterly line of the said drainage easement for a distance of 279.67 feet to a point on the Northerly line of a 10U-00 foul County Canal easement; thence run North 8903413G" East along the Northerly fine of the said 100.011 foul Counly Canal easenrenl for a distance of 873.61 feel to the POINT OF BEGINNING. Containing 39.90 acres, more or less. Subject to easements, reservations or restrictions of record. Uearings shown hereon refer, to those shown on the State of Florida Department. of Transportation Right -of -Way Maps for- Florida State Road No. 93 (Interstate 1 -75) Section 03175 - 21101. This leyal description was derived fr•on► infurnrrtion shown on the Florida Department of Transportation Right -of -Way Map of Stale Road No. 93 (Interstate 1 -75) Section 03175 -2401, Sheet 3, Collier County, Florida, together with supplementary infornraliun provided by client. This description has rwt been field surveyed. ISAIPS MOVIE ... LAVI .. QWV .. • • :: to • • • • • < :11�� :1 • • WIN • • i • • • I • • • - • • • • • - • • =••l�•l•Ir ■ ►Hrl• • • • Ii• •� The Northbrooke Plaza project will be comprised of a mix of commercial and residential uses. Typical uses will include gasoline service stations, restaurants, general retail facilities, hotels /motels, offices, and multi - family residential units. The project applicant /developer will not be an end user. End users will typically be regional or national corporations which routinely locate in interstate interchange commercial developments. The project owner /developer will secure appropriate plan approval and zoning, install access drives, utilities, and other required infrastructure, and market ready to build on sites for development in accord with the approved PUD Master Plan, PUD regulatory document, and applicable other regulations. This ordinance shall be known and cited as the "NOR-i HBROOKE PLAZA PUD ORDINANCE ". 2 SECTION II PROJECT DEVELOPMENT 1285401 The purpose of this Section is to describe the bask development objectives and to generally describe the project development plan. ► - M. A. Development of this project will be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance in effect at the time of Site Development Plan /Subdivision Master Plan approval(s). B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance in effect at the time of Site Development Plan /Subdivision Master Plan approval(s). C. All conditions imposed and all graphic material presented depicting restrictions for the development of Northbrooke Plaza shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived by appropriate authority, the provisions of regulations not otherwise provided for in this PUD shall remain in full force and effect. A. This site is planned as a mixed use commercial /residential project which will provide commercial services to highway travelers as well as to residents in the vicinity. In addition to conventional interchange related and surrounding neighborhood serving commercial services, conventional residential and /or retirement residential usage with supporting medical and related services will be incorporated in the project. The PUD Master Plan, known as Attachment "1 ", which by reference is made part of this document, divides the property into Tracts A and B, arid e, each of which is the subject of detailed standards which are set forth in this PUD document. The exact boundaries of development parcels are to be established at the time of construction plans and platting approval. B. At the time of initial PUD zoning, no detailed development plan for the entirety of the site exists. The development intention is to provide 3 I ?B5 1 appropriately zoned sites, with all necessary utilities in place, to accommodate commercial and related development projects, such as national motel and /or restaurant chains, gasoline service stations, retail facilities of various kinds, offices, and a residential development component. Since the project development sponsor will not be the end user of the various mixed use complex, plan approval will occur in four steps. The first step is establishment of the PUD document which includes developmental standards and regulatory requirements for the entire property. A Preliminary Subdivision Plat shall be submitted to Collier County for review and approval for the second step. Upon SfVFP Preliminary Subdivision Plat approval, construction plans and a Final Subdivision Plat shall be submitted for review and approval which will be the third step. For the fourth step, one of the following will be provided for: 1 . The developer of any platted tract or parcel which is not intended to be further subdivided shall be required to submit and receive approval of a Site Development Plan in conformance with the requirements established within Section c--z-mn ordinance Div. 3.2 of the Collier County Land Development Code. 2. The developer of any platted tract or parcel which is hiterrd-ed to be further subdivided shall be required to submit and receive approval of a Subdivision Maste, Plan fc, that tract in Flugul'ertions if to -Vrt9m3f-S'IV'JP did not show specirfic-Tl-e�p� within ti-rat tract 0, Palce+7--T-herv;-COI!StpucttuiI plans and a plat simff be sabi-nit that further subdivision as required by Div. 3.3 of the Collier County Land Development Code. The owner may be-abfe -tQ make adjustment to the tract boundaries, road alignment and other site improvements. Determination of whether the changes are substantial, or insubstantial, and the review process to be followed shall be in accordance with the Collier County Land Development Code. 0 /99 11 $ 913 262 5791 VINE:: s u';OG. PFi ?. j...� C—. Permitted -thy fp+fowin tab! fH Ar)(7 fd AXffvi4LfM M AC Gas stetions 8 Q Not- appifr eb+e Per -Z.O: - Restattiants r�-6 i-8-, 006 Per - .O: - Gone, 1 F etaif 97+ 9 -996 pet-z-, 6. moteHHotef 9-.0 Per Z,9- @fffce 375 6{i�@66 f'er--Q- • fdi liti.+OT" . Resfderrtfaf 14-! {'t►r -�-@- - �$0 Aoceas -Road 4-855 • add 44--x-55 . .. flO8'&,—&ivn9 tile east ... .. • .. ... A� 1235 A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Subdivision Regulations Land Development Code and the platting laws of the State of Florida. B. Attachment "1 ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat Master Plan shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdivision Regulatiorts Land Development Code. E: C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. All platted streets within the project shall be private and shall be the common property of the project landowners. ... . . ... .. . . . . . . . . .. . . E: C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. All platted streets within the project shall be private and shall be the common property of the project landowners. SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT A The purpose of this Section is to set forth the development regulations applicable to Tract A of the Northbrooke Plaza project. (Refer to PUD Master Plan). ►A IN8491 No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1 . Automobile service stations. Vehicle cleaning, service and repair facilities are permitted, except for repair facilities involving engine removal, body repair, or painting 2. Hotels /motels 3. Offices 4. Financial institutions 5. Medical offices, laboratories, clinics, health improvement facilities, nursing homes, hospitals 6. Restaurants (conventional, fast turnover, and /or fast food); cocktail lounges; night clubs 7. Drive -in facilities for permitted uses 8. Food stores, drugstores, retail stores, personal service uses, supermarkets, movie theaters, and associated uses which are characteristically located in shopping centers 9. Automobile dealerships, which may include service and repair facilities 10. Commercial and non - commercial recreational uses and facilities 11. Civic, cultural, religious, and public service uses and facilities h 02 "2:/99 11154 a et: 262 579t VINES t 411110C. P,1)4 12R5-- , 12. Shopping centers 13. Any other commercial use or professional service which Is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible with and appropriate for inclusion in the mix of Tract A permitted principal uses. B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. A. Minimum Yards: 1 , Front: 15' 2. Side: none, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. 3. Rear: 25' Lakefront. 0' 54, . Any yard abutting an exterior boundary of the 39.9 acre tract: 25'. 65. Distance between structures on the same site: One half the sum of the building heights. B. Maximum Hotel /Motel Density: 26 units per acre. C. Minimum Hotel /Motel Unit Size: 300 square feet. D. 1,,0jt0.p' h lrt eri�i�y; )~ r F�arrniCted uses qth t;xFiari .Af;:gras.l "+e>S.2bi ffoo�r.rfa;:1~o�;v�ry ecfC�{`: �u:[: y4/ a��{$ �j4-' nnr.. Lr�; elfpr�2i�ysft�o :l #j?6s:�7,O;0U� >sg..: # "► maximum J�yli •l�Q I. Y.Y.M.4�17�r 1r,��t: O. +rs�i t C 92/23/98 11135 a 813. 252 5791 VINES L ASSOC. F•.I1', 1 ?R5- i DE. Maximum Building Height: Three stories above ground level parking. Taller buildings may be authorized at the Site Development Plan approval stage, provided that In no event shall building height exceed ten stories. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, and that the taller building will not depreciate the intended character and quality of the overall project or of nearby land uses. £F. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. PG. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as to be minimize their visibility from a street right -of -way or an adjoining property. GH. Off street parking required; As determined by the Collier County Zoning Ordinance in effect at the time of Site Development Plan application. Hi. Signs: As permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 9 I 2,e 5 "if USE looms Mg. QVISM OWAIMIG I - _�l a 0 17 Front: -1-51' 3-. Rea, m 25' 0 ngteg@@ sets I2Jmos=2s.,j&=" or- Is w;,Wl S �4 9 1 ofillill 01919 Isis n I loon __4G2v,6*.i "a- M sj��2mpn�q 111 11 ---------- =__ __4G2v,6*.i "a- M sj��2mpn�q 111 11 1 18 M14 019111 WAN4019A Olt 2 1,10 :. IIIII r- Signs, — Sign-erdi 12 3.EB.1. 3.EB.2 SECTION III PROJECT DEVELOPMENT REGULATIONS TRACT E B The purpose of this section is to set forth the development regulations applicable to Tract E B of the Northbrooke Plaza project. (Refer to PUD Master Plan). No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. Single and /or multiple family residences 2. Housing facilities for the elderly and infirm, including medical and other support facilities and services incidental to the operation of the project on behalf of project residents 3. Family care facilities, group care facilities (Category 1), care units (not including uses found in group care facilities, Category II), nursing homes (subject to Section 8.53 of the Collier County Zoning Ordinance) 4. Civic, cultural, religious, and public service uses and facilities 5. Social, recreational, and related uses whose primary purpose is to serve the residents of Tract EB B. Accessory Uses: 1 . Accessory uses and structures which are customarily associated with the permitted uses. 2. Project sales and administration offices and facilities. 3. Signs as permitted by the Collier County Sign Ordinance in effect at the time of sign permit application. 13 a 02/23/98 11136 a 813 262 5791 VINES L ASSOC. P.05 9 01 ►I ► s► A. Minimum Yards: 1. Front: 25'. 2. Side: 10' or half the building height, whichever is greater. 3. Rear: 25'. 4. Any yard abutting an exterior boundary of the 39.9 acre tract: 40' . 5. Distance between structures on the same site: one half the sum of the building heights. B. Maximum Building Height: Five stories above ground level parking. Taller buildings may be authorized at the Site Development Plan approval stage, provided that In no event shall building height exceed ten stories. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, and that the taller building will not depreciate the Intended character and quality of the overall project or of nearby land uses. C. Maximum Residential Density: x-6.12 units per gross tract acre. D. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are norrnally located above ground shall be placed and screened so as to be minlrrllze their visibility from a street right -of -way or an adjoining property. E. Off street parking required: As determined by the Collier County d Dd reioprYA`,h3: adb at the time of Site Development Plan application. F. Signs: As permitted by the Collier County Sign 0I I. ianceLA -hd'. Dev410,M6f1t. COO in effect at the time of sign permit application. 14 92/23i90 11,36 a 813 262 5791 VINE' g p'�'14G, 1f,/ g5yM, 4.2. 4-.9, SECTION 1V DEVELOPMENT COMMITMENTS The purpose of this section Is to set forth the development commitments for the Northbrooke Plaza PUD project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Ptar*sFJA s and all applicable State and local laves, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Official ions and 0.0Vbl6r)MOnt JDW6 in effect at the time of Site Development Plan / Subdivision M►aater--PlanPlBt approval(s) shall apply to this project even if the land within the PUD is not to be platted, The developer, his successor and assigns shall be responsible for the commitments outlined in this document, The developer, his successor or assignee agrees to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer agrees to convey to any successor or assignee in title any commitments within this agreement. .. .. . : .. . . . . . . . .. . • • i Kf mf -Tfo- t i G C-A %0 r!k 882 - ststivn Aestem R$TAt +" 4" ent f foteWMW 013 Frame OffiM 8 flestawants 44;1 6e1161 ell net" OffiCe3 e Havederttial 33 9 166:6 D- d*ct"Ycnffvr- -,mre specifi, ttnitted {fsca- W-1 e2i23 /IS 11137 $ $13 262 5791 VINE: Z A' >'Or `_08 'R 5 a-2-e% 4.43. SCHEDULE -Of- DEVEI_oPM N1 The PUD applicant will riot be the end user of the improved sites to be established in Northbrooke Plaza, and a definitive development schedule cannot be established at this time. Based on the expected rate of development in the general area of the Northbrooke Plaza project, it is estimated that project development will be initiated In 49921999, and that development of the individual sites within the project will be concluded by the year 2e*02005. 4.54. 7�iAfll6EQUATION s• •• • • •� • T • its me • 9W. 16 92/23/99 11137 a 9t3 262 5791 v1PIE 0•.03 12B5 So .... • . r,r•ui•t•10•,fM•I11u•goal, ff.1811 .. • • .. A. A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. i • • • - • FOAM& -.—Oi • • • • • • • • f . - Board • • to epproval. Otheivylse, it may be • • . • E),- Hght of toway permit • Big eypress Basin • allow dischwge-intolhe • • • _ • adjacent to the west and south ropety lines slyall be ded-licated to Big A • Basin • maintenance. F • • • loctrtoonO shall be established • the final 1 • • plat. • • • • • • VZj4 JIM. r • - • . • • • . 0,16 =SAG 9 • • • • • s • • - • _ • 19 12 B so% . . . . .. .. .:. 2 lion .. 4.7. UTILITIES A. This project shall be designed for central water and sewer systems. eounty Utilities Division will altirriately .. potable the sevvege gene-ated by this pioject. ... .. .. tior, to Supply potable wate, to the ;rr,,Ject . . .. .. ment cominences, th uvuuIr-,t Bt his . operate nterini vvater svpgly .. .. .. fe-cifives adequate to ineet all requirernents of t! ... .. TOM rcflxfauff if an existing pivate utility mill be utilized provide service the project such service shall be .. proje connecting avai'able. agoeenient shall be enteied into between .. .. binding . successurs regarding any inteiin, treatment facilities to be utilized. T. agreerrient must be legally sufficient to the evantr to the .... of . . . docaments fo, .. d be in confonnance :: got -01?.ILIR.Ilqi4somiliti-ilLfteAsist It —a 0 MO. 20 il :No 0, 20 85�� ... .. . . . . . ' . . - . . . . . N.. .. .. iffi .. . .. . A. Access into each tract as shown on the master development plan is informational only. Access road and site access location and number is subject to Subdivision boaster ptan Plat or SDP approval. eB. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. BC. Detailed paving, grading, site drainage and utility plans shall be submitted to Project 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 Project Review Services. ED. Work within Collier County right -of -way shall meet the requirements of Collier County Right -of -Way Ordinance No. 82-91. 21 I. > cz 5 . ► :•► u ► A. A protected species survey, specifically for gopher tortoises (Go h "r ,s polyphemus), shall be conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Development Plan (SDP) or Subdivision Master Plan (SMP) submittal. B. Wetlands shall be flagged by the developer, to include Collier County jurisdictional lines, and shall be field verified by Collier County Project Review Services Environmental Staff prior to and as part of the Site Development Plan /Subdivision Master Plan approval. Said approved wetland boundary shall be indicated on the SMP and final site development plan /construction plan. C. All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed prior to final (site development plan /construction plan) approval and designated as a conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704.06. D. An exotic removal, monitoring, and maintenance (exotic-free) plan for the site shall be submitted to Project Review Services Environmental Staff for review and approval prior to final site development plan /construction plan approval. E. The developer shall be subject to all environmental ordinances in effect at the time of Site Development Plan /Subdivision Master Plan approvals. F. The 0.49 acre wetland area located in the southeast corner of the site shall be mitigated to comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. Accessory structures must be constructed simultaneously with or following the construction of the principal structure. 22 A1/2'./93 It#$$ a eta 162 5791 • . .. 0A g 00tfit S R 05'14C. F . to L.[i� • • . • • r • S . . • _ . • • _ . . • • . .. . .. • .. LrILEM.-I.T.F ce• �• /i..��•�ir.•.••nN••►v �• • • 3' via • ... • • • :' • • z• • • i L • • • • • r .. • . • 7a ism • • • • . . • . • . • .• -- TTsJ L•rf q TI•. • • -1 v-P]j?2AJMF-A wj OA 19AW. • . a 4.161 POLLING PJAM y Rooms shell be provided within common areas for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. 23 0112.19e 1183e s $13 262 5?91 Vt"ES t ASSOC. P.11 1F�5,wi Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90.24 at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this project. 24 4: ,23/94 11134 Z I23 262 S711 a -;or. 1. IT-0 I I g$ O ''w1J V 400 t4 y w R �1 OKLW._ -- > wrIM1✓I M n� WAN's, inc. Qj � 4�M A�OIfTA Nth • Y /'1l IA>ti Mfi61a10Q 0 0 h Q 1 L__ r r� �t ■ M d� h nryd \l p CJ M n .0 v ROHM & HARDY ��00KE PLAZA ra M�ar� PAD. MASTER PLAN - �. Northbrooke Plaza 1 2 8 5 PUD- 91 -2(1) Northbrooke Plaza is located within the northeast quadrant of the interchange area at 1 -75 and Immokalee Road (CR -846). The petition seeks to revise the major generic land uses and the intensity of development: increasing commercial area from 196,000 to 270,000 sq. ft., decreasing motel /hotel rooms from 150 to 130 and residential units from 150 to 120, reducing tracts from 3 to 2. Concerns: • Vagueness of the amended PUD. More definitive proposal for the various land uses is needed. • Potential for poor first impression at gateway to Naples. This quadrant needs master plan development. • Lack of traffic planning, relying on access management plan. This is not sufficient given the complexities of traffic in the area. • Increased transient use in residential area. Interstate services (motel, gas, fast food) are commingled with residential services. Unlike other Collier Co. 1 -75 exits, these services will abut communities on 2 sides. • Lack of local neighborhood commercial services. Residential development east of 1 -75 needs nearby neighborhood commercial services. • Potential exists for building heights up to 10 stories. Three stories is ccnsistent with nearby office space and surrounding residential area. • No provision for landscaping and visual design elements. Commercial space will be visible on all four sides and abuts residential communities. • No provision for frontage road for access from nearby communities. Immokalee Road will be 6 lanes at build -out and planning for frontage access should be considered now. • Inconsistent with Commissioners' top goals for growth planning. C. Permitted ORI category development is Indicated on the following tablet 2 B 5 • The maximum leasable floor area for all Retail and Services and Office uses Permitted in Tract A Is 270,000 sq. ft. Maximum permitted motel /hotel density is 26 units per acre. For every 26 motel /hotel units approved, the maximum Permitted 270,000 sq. ft. of retail and service plus office use shall be reduced by 10,000 sq. h. The development intensity of..;:the various ORl categories permitted In this project shall not exceed 80% of the applicable ORl threshold -DRI categories permitted by this 'project Include retail and service development;: office :development; hotel or' motel development; residential development; or"multi =use development.' A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to Insure compliance with the PUD Master Plan, the Count Land'Development Cgdi and the platting laws of the State of Florida. B. Attachment "1 ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat'Master -Plan shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdivis;orr- Regulationa land Development Code. 7 ACRES L-rAWN .'t PARKING FLOOR AREA SP�5C UA2. ROOMS MAX, UNITS Retail and Service variable '. Par LOC `na na Motel /Hotel variable • Per LOC 130 na Office variable • Per LOC na na Residential 10 na Per LOC na 120 TOTAL 39.8 270,000 Per LOC 130 ` 120 • The maximum leasable floor area for all Retail and Services and Office uses Permitted in Tract A Is 270,000 sq. ft. Maximum permitted motel /hotel density is 26 units per acre. For every 26 motel /hotel units approved, the maximum Permitted 270,000 sq. ft. of retail and service plus office use shall be reduced by 10,000 sq. h. The development intensity of..;:the various ORl categories permitted In this project shall not exceed 80% of the applicable ORl threshold -DRI categories permitted by this 'project Include retail and service development;: office :development; hotel or' motel development; residential development; or"multi =use development.' A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to Insure compliance with the PUD Master Plan, the Count Land'Development Cgdi and the platting laws of the State of Florida. B. Attachment "1 ", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat'Master -Plan shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the Subdivis;orr- Regulationa land Development Code. 7 128 5 A. The PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. AB. A protected species survey, - sp�_0{ for gopher tortoises (�Q.rus oolvnhe =11 shall be conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Development Plan (SDP) or Preliminary Subdivision Master Plan (PSMP) submittal. In the event that Gopher tortoise are present on site, a Gopher tortoise relocation /management plan shall be submitted to Current Planning Environment Staff for review and approval, A copy of the relocation /management plan shall be included on the final site development plan. lei, LWAKIA .. ... . ... . .. • ail ... lr1LL•� mac* ova-(: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and be subject to review and approval by Planning Services Environmental Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County lurisdictional wetlands. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site shall be submitted to Protect- Rev Planning Services Environmental Staff for review and approval prior to final site development plan /construction Plan approval. E. Ths-d Section 3.9.5.5 of the CCLDC requires a minimum of twenty -five (25) percent of the existing native vegetation on site be preserved or re- vegetated (per 3.9.5.5.4.) In accordance with the following: 1. A minimum of 2.88 acres of native vegetation shall be preserved /re- vegetated in the 20 foot wide buffers which will surround the project and separate Tract A from Tract B. 24 126 5 2. A minimum of one half (.5) acre of the .7 acre oak hammock, near the west boundary of the PUD (FIUCCS 4399), shall be preserved. 3. A minimum of three (3) acres of native vegetation shall be'preserved/ re-vegetated in Tract B. 4. A minimum of 1.06 acres of native vegetation shall be preserved/re- vegetated in Tract A. The distribution of the 1.06 acres shall be committed to at the first development order submittal (i.e. SDP or PSP) for Tract A. 5. Collier County Planning Services Environmental Staff may administratively approve requests to adjust the above commitments, as long as a minimum 7.44 acres of required native vegetation Is provided. •. . . . . . . .. s' • Accessory structures must be constructed simultaneously with or following the construction of the principal structure. 4.++10. =1S All signs shall be in accordance with the Collier County Sign Ordinance in effect at the time of building permit application. All landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of construction plans application. _►• _ A landscaped buffer a minimum of 20 feet in width shall be provided adjacent to all perimeter boundaries of the 39.9 acre tract as well as between residential and non-residential uses of the 39.9 acre tract. 25 12B 5 A minimum of 30% of the total acreage of this PUD shall be left in open space in accordance with the Collier County Land Development Code. At the time of submission of the Preliminary Subdivision Master Pientsi fSMP" Plat or SDP(s), a minimum of 30% of the total acreage of any area previously approved, together with the area being requested for approval, Tract AM Milliollum of 3016 of the total acreage of Tract B, and a minimum of 3056 Of the totaf ac, eage of T; act ect this PUB shall be identified as open space. on tile SMPfs). This stipulation is designed to ensure that the 30% open space requirement has been complied with is applied to the property in the aggiegate or-es Ordirvence No. ()9. Preservation of Native a labitat and Tree Removal Pepmit) when development Is complete. _.:. •r• 4.164 POLLING PLACES Rooms shall be provided within common area for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. 0 1,115-Mlaw Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordin,wic e Nu. 00 24 in thu uarliu;,t ur MMI 10 Occur of vithot firth SDP bppfovbf, or building permit issuance applicable to this project. 3V 02/10.16 16#16 Z $is 262 1?91 ut"[5 t Assoc. ►.02 THE NAMES AND ADDRESSES OF THE DENEFICIARIES OF LAND TRUST 15405 AND THEIR RESPECTIVE BENEFICIAL INTEREST ARE AS FOLLOWS: Banner Enterprise:, Inc:. 2.75% c/o Edward Streit, President 320 East Indian 'frail Aurora, I1 60202 George W. Barnette, Jr. 5% c/o Barnette Contractors, Inc. P.O. Box 1190 Wise, VA 24293 BCGM V Partnershit) c/o Mr. Louis Conrad Box 22160 Clovaland, 011 44132 James A. Brown, Jr. 1051 Clark Street Abingdon, VA 24210 Robert R. Katzenmeyer 1 /8t Trustee for Robert R. Katzenmeyer Defined Keogh Benefit Plan Self - Directed Pension Downing Frye & Assoc., Inc. 3411 too. Tamiami Trail Naples, FL 33940 Si Georgo E. Kawamoto 5% 6976 Pebble Park Circle wont Bloomfield, 141 48033 51 John M. Kelly 2.5% Kelly & Assoc. Financial Serv. 105 So. Butler Street Madison, WI 53703 Edgar E. Davis 2.514 Downing Frye & Assoc., Inc. 3411 N. Tamiami Trail Naples, FL 33940 Earl L. Frye 2 -3/8t Downing Frye t Assoc., 1 r1c: . 3411 N. Tamiami 'trail Naplea, FL 33940 F. Boyd Fowler 111 Hill Street Grundy, VA 24614 Douglas L.P. IlAmilton 24 Simara Street. Stuart, Fal 33494 Joseph B. Lankford 30 Chapel Lane Bella Vista, AK 72714 Frank P. Lipps 1504 Locust Street La Chateau Apartments Elkhart, IN 46515 5% Ernest J. Nagy 1003 industrial Parkway P.O. Box 1124 Elkhart, IN 46515 2.5% J. D. Nicewouder P.O. Box 430 Clintwood, VA 24228 Daniel R. Harper 7.51 c/o Harper Bros., Inc. 5351 Six Mile Cypress Parkway Ft. flyers, FL 33912 Indian '.Grails, Inc. 5% c/o W. P. Himburg, Chairman 109 E. Comstock Owosso, MI 48867 Kenneth 1?. Nicewonder Y.O. Box 430 Clintwood, VA 25228 Mark D. Nicewonder P.O. Box 430 Clintwood, VA 24228 2.5% 5% 7.5% 10% 2.5% 5% •2 ., 1t -*!/ 1 17 j •13 262 57$1 VINES s ASSOC. PISS 129 5 LAND TRUST 15405 Page 2 PCDM -86, A Michigan Co- Partnership 5� c/o Ward D. Powers, Partner Powers, Chapman, D'Agoatino, Meyers, McTiguc & Milia 3001 W. Big Beaver Road - Suite 704 Troy, MI 48084 Ribek Company 3 -3/4% c/o Mr. Edward J. Mace 2335 N. Tamiami Trail Suite 408 Naples, FL 33940 Whitebird Realty 51 1285 Qulfshore Blvd. NO. Naples, FL 33940 Paul F. Wagner 1• 110 Crestview Drive Abingdon, VA 24210 Marilyn W. Wittus 2.5♦ Revocable Trust Agreement Dated 12/13/82 c/o Marilyn W. Wittus, Trustee Parker, Wittus i Company Suite 315 Travels Tower 26555 Lvorgroen koad Southfield, MI 48076 1 2B 5 ORDINANCE 98-34 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON APRIL 28, 1998 WAS NOT PROVIDED TO THE CLERK OF THE BOARD'S OFFICE FOR TRANSMITTAL TO TALLAHASSEE. PLANNING STAFF, RON NINO, INDICATED TO THIS OFFICE THAT SAID ORDINANCE WILL BE BROUGHT BACK BEFORE THE BOARD AGAIN IN THE FUTURE. f. Neplas ally Mews Maples, IL 33960 Affidavit of Publication Metes Daily News BOARD OF COUNTY COMFIISSIMERS ATM MMY SALOGJB P0 901 613016 NAPLES FL 36i01 -3016 REFERENCE: 001236 1131363236691 57676615 NOTICE OF M KIC MCA State of Florida Canty of Collier Before the undersigned authority, personalty appeared B. lamb, rho on 04th says that sty serves a* the Assistant Corporate Secretary of the Naples Deity News, a deity newspaper published at Naples, in Cattier County, Florida: that the attached copy of advertising was published in said newspaper an dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Maples, 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 advert i ll4 od i t; and of f i aflt further says that sty has neither paid nor promised any ptrson, firs) or coporation any discount, rebate, eomission or refund for the purpose of securing this advtrtiseaant for publication in the said newspaper. PUBLISHED ON: 06/12 NOTICE OF PUBItC HEARING. Notice Is hereby elves that the Board of County hole Go MR 29, 19 In * e Boardroom, 3rd Oloor, Ad- nNnlst►onan BulkSM Col- Ur Canty Government Center, 3701 East Tornio. nN trait, Naples, Florida. The meellnq wH( boon of 9:00 A.M. The hoard will consider Petition No. SNP -94 -z Community Develop- ment and Envlron- me�nlf0ool Services thei }lam Ceo.4, Beard Of County Commission- ", reaijoom the toll- towing ltreet name cunt" tor streets to- COW In Golden Got@ Ellate% Unit 911, in S.e• an6 nhh+ Ah, R� East, Cettlor Couty lddex Ott Avema NA. N to be SShamed in Teak Wood O►ivr d Avenue N.W. h b ln. chan0*d to Car - d Wood Orlve; 11h Av*- nu* N.W, Is to be Changed to HICkery Wood Drive; and 71h Avenue H.W. K to be ehonp*d to Cherry Wood Drive os lat Moak record- ed ki P 9, Poo* 61 d the OMCId Pe- cords of Coskr County, Florida Any person who de- ck *s to opp*d o dect- slam at the Dowd will need o record of the proceedings oeltairnlT thereb, ow therefore may need to enure ttnai o vermanm record of the Proceedings Is made, which record Includes RM hsNnwnv and even dente Wal pwphkh�, 1M A O�y►QtCQUNTY ARM `� 1,11 COSUHiV, SAAIS,AAA S. BEPPV, "WIM.'Ht NE. BPOCx' CLE BY: /s/ Judy Akof, 00" CW% AD SPACE: 71,000 INCH ( �oorait No. 1176431 FILED ON, 06/13/44 --- ---- ------- -»- » » »_ »_ »«. .7...» .. »�------------------------ --- Signature of Affiant Sworn to and Subscribed before at this� day of Personally known by as �r ,.1+ t f �� . t• �w<i,, l 12961041 A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Adhvrtiscmcm (Display Adv,. location, cic. ) ❑ Other: f offfffoof 000f offffffffffffffffff ffff /fffffffff ffff ffff• fIf ffffflfofff Originating Dept/ Div Comm. Dev.Sen•./Planning Person: Petition No. or none, gnv brief description): i fofff►fffffof fool( ► ► ►•f•f► ►ffff LL-14c. X, - Petitioner: (Name & Addremi Community DevcklRMI 8 -miMrimcnial Scmm Division 2)(i)() N Horseshoe QHvC, Naolcs EL 34014 , Name dt Address of any persons) to be notified by Clerk's Office (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hearing date C �' Based on advcrtiscrricnt appearing IS days before haring. Newspopcos) io be used. (Complete only if important): XXX Napics Daily News Other ❑ Legally Required Proposed Text (include legal description & common location A Sire. Petition No, SNR -" -2 Community Qtvcloon&nj an Em•ironmental ScniM, Division rcerescmin& the Collier County Board of County Cont r Ling the following is reet Companion pctition(s), if any do proposed hearing date: Does Petition Fee include advenising cost? Oxes 111.1191214491 Itt Rcv ic« cd b� Division Hcad Dale List Attachments ❑ No if Yes, what account should be charged for advertising costs: Approved by County Manager DISTRIBUTIOY INSTRUCTION, Date A. For hearings before BCC or BZ.A: Initiating person to complete one coy and obtain Division Head approval before submitting to County Managtr. Note: If legal document is involved, be sure that any necessary legal review, or request for same. is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute topics: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings• Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. t000fff000fffffof ofo ffff► / /ffflffff ffoffffoif fffof fffoo ffffoofffffoffAOOf ofoffo /f (ffff if if Doff of oo(ffff off► FOR CLERK'S OFFICE USE WILY; Date Received Date of Public hearing: -0fl3if Date Advenised. ......... . OF PACES - �..� 1 B 6 w ■ (incl.udinq this cover) 0 II tIIlillt[I itI1IIItIIII it Itillll titiitlIlilliltilllltlIl.Ili[11 To: . Locissog: Sze naw Inz wo s 1tt lltllit 1111tt IIIII[ lI IIIIIIIlIIII tIIlIItIIIIItIItltillll . IItI 1?ROHs JUDY AKE1. - MIHUZES b RECORDS LOCATION: Collier County Courthouse PAZ NO: ( 813) 774 -8408 ' PHONE "NO: (813) 774 -8406 720 1 03 -17 11:54 1 ofr 01.56 Date aunt: &11711? e 92634364 Or! 3 TOT pPrS 52 Time sent: 111 •eo l�p /1% 1286.9, March 17, 1998 Ms. Judith Flanagan Naples Daily !dews 1075 Central Avenue Naples, Florida 34102 Re: Notice cf Public Hearing to Consider Petition SNR -98 -2 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 19:8, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Judy Akel, Deputy Clerk Account t1o. 113 - 138323- 649110 128601 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998, 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 wil consider Petition No. SNR -98 -2, Community Development and Environmental Services Division representing the Collier County Board of County Commissioners requesting the following street name changes for streets located in Golden Gate Estates, Unit 95, in Section 4, Township 49 South, Range 26 East, Collier County, Florida: 1st Avenue N.W. is to be changed to Teak Wood Drive; 3rd Avenue N.111, is to be changed to Coral Wood Drive; 5th Avenue N.W. is to be changed to Hickory Wood Drive;and 7th Avenue N.W. is to be changed to Cherry Wood Drive, as recorded in Plat Book 9, Page 45 of the Official Records of Collier County, Florida. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /.Judy A;;e, Deputy Clerk (SEAL) 1 ?8601 March 17, 1998 Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: Public :tearing to Consider Petition SNR -98 -2 Dear Petitioner: Please be ad-zised that the above referenced petition will be considered b-/ the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel , DF!puty Clerk Enclosure I2U6wfg RESOLUTION NO. 98- E::OLUTION RENAMING 1:7T AVENUE N.W. TO "TEAK ;00D DRIVE "; 3PD AVENUE N.W. TO "CORAL WOOD DRIVE "; 5" AVENUE N.W. TO "HICKORY WOOD DRIVE" r:1D 7T" AVENUE N.W. TO "CHERRY WOOD DRIVE ", ;RICH STREETS ARE LOCATED IN GOLDEN GATE —TES UNIT 95, LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, . --CRIDA. Y;HER =::S, Soard of County Commissioners is authorized pursuant to author-4.y ,apter 336.05, Florida Statutes, to name or rename streets and roads, except for ;ertain state roads; and WHEREAS, the Soard of County Commissioners has been requested to confirm the renaming of 1'� Avenue N.W. to Teak Wood Drive; 3`d Avenue N.W. to Coral Wood Dr_:e, ..venue 11.W. to Hickory 'r7ood give and 7`" ue N.W. Aven to Cherry 'r ;ocd D_ :e. These streets are located in Section 4, Township 49 South, Rance �F ��st, Collier County, .lorida, Golden Gate Estates Unit 95, according to the plat thereof, recorded in Plat Book 9, Page 45, of the Official records o: Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, _t _.. necessary for identification purposes to confirm the name cf _nese J_rnat_, P;OW T �..�FC ?.', 3E iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. COUNTY, FLORIDA: The name of these streets are hereby changed from 1" Avenue N.W. to Teak Wood Drive; 3`1 Avenue N.W. to Coral Wood Drive, 5`" Avenue N.W. to Hickory Wood Drive and 7`" Avenue N.W. to Cherry Wood Drive and are confirmed as such. BE IT F'JRTHER. P;ESOLVED that this Resolution be recorded in the :'ublic Records cf » i_ier County, Florida, and noted upon the maps of the street and zonine atlases cf Ccllier County, and notations made on the referenced Plat. 12264% T` adopted of ter .Notion, eccn.. and majcr ty vote. 1998. ATTEST.-. BOARD :F COUNTY COMMISSIONERS COLLIER COMITY, FLORIDA DWIGHT :.. BROC�, Clerk BY: BARBARA E. BERRY, Chairman Approved as to Form and Legal Sufficiency: Mario �e M. Student Assistant County Attorney SNR -99 -2 ?ESCL,7:a:/ April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YES 1 am for the proposed street name changes. [ am against the proposed street name changes. ►: 12B April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YE f am for the proposed street name changes. I am against the proposed street name c _ -. . SMWe ..•40 �• MOEN ges. 1 2B 6 PH )-NE 128 these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes 5381 3rd. Ave. N.W. 455 -4023 April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. &i;!� am for the proposed street name changes. NO I am against the proposed street name changes. SIGNATURE ADDRESS PHONE 6-11__ 5q.L i j1d .Qom. I�.CJ, ?a'd ifos- I 12B these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes April 28, 1998 Dear Sirs: 5381 3rd Ave. N.W. 455 -4023 This is a letter of communication to show my interest in the matter of renaming our streets. GES I am for the proposed street name changes. NO I am against the proposed street name changes. TURE ADDRESS 455 ") &:ie\ I 12B these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes 5381 3rd Ave. N.W. 455 -4023 I 2 b April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YES am for the proposed street name changes. NO I am against the proposed street name changes. SIGNATURE ADDRESS PHONE I r F�e 4 ��Cr I I 122 6 these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes April 28, 1998 5381 3rd Ave. N.W. 455 -4023 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. QE91 am for the proposed street name changes. NO I am against the proposed street name changes. Sff;NAT iRE V ADDR ESS PJLQNJE ; 1 2B these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes April 28, 1998 5381 3rd Ave. N.W. 455 -4023 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YES); I am for the proposed street name changes. NO I am against the proposed street name changes. SIGNATURE ADDRESS I T: [ice R 1 ?B 6 these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine 1•loles 5381 3rd Ave. N.W. 455 -4023 April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YES I aJn for the proposed street name changes. NO 1 am against the proposed street name changes. ►: i •J A. 0 12B 6 ; these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes April 28, 1998 Dear Sirs: 5381 3rd Ave. N.W. 455 -4023 This is a letter of communication to show my interest in the matter of renaming our streets. YES am for the proposed street name changes. I am against the proposed street name changes. SIGNATUR _E ADDRESS � 1 41SSS E-77� W. y 12B 6 these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes 5381 3rd Ave. N.W. 455 -4023 April 28, 1998 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. Y 1 I am Ibr the proposed street name changes. NO I am against the proposed street name changes. 0 ►: 12 B these name changes before they send us our letters or do the signs, so no need to worry. If you could please take just one minute to sign this show of support or denial, and drop it in my mail box, I would be glad to take it with me to the meeting. Thank -you, Christine Holes April 28, 1998 5381 3rd. Ave. N.W. 455 -4023 Dear Sirs: This is a letter of communication to show my interest in the matter of renaming our streets. YES 1 am for the proposed street name changes. NO I am against the proposed street name changes. SLGNATUBE ADDRESS PHONE �% J,Y" 9-3Vf 2q,� 6,,(. �/.O . 0 2313094 OR: 2414 PG: 2595 RICORDID In OIPICIAL RICORDS of COLLIER COUNTY, ?L 04/30/58 at 02:57PN DWIGHT 1. BROC1, CLIRI RIC I11 10.50 COPIIS 2.00 CLLR I ?0 iHI BOARD 1 28 6 LIR I ?1 0lPICI 4TH ?LOOP. RESOLUTION NO. 98- Ai RESOLUTION RENAMING 13T AVENUE N.W. TO "TEAK WOCD DRIVE "; 3 ?D AVENUE N.W. TO "CORAL WOOD DRIVE "; 5T" AVENUE N.W. TO "HICKORY WOOD DRIVE" ANC 7T" AVENUE N.W. TO "CHERRY WOOD DRIVE ", WHICH STREETS ARE LOCATED IN GOLDEN GATE ESTATES UNIT 95, LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, 1�icept for pertain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of 1" Avenue N.W. to Teak Wood Drive; 3rd Avenue N.W. to Coral Wood Drive, 5`" Avenue N.W. to Hickory Wood Drive and 7`" Avenue N.W. to Cherry Wood Drive. These streets are located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 95, according to the p:.at thereof, recorded in Plat Book 9, Page 45, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of these streets, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER. _3UtdTY, FLORIDA: The name of these streets are hereby changed from 1'` Avenue N.W. to Teak Wood Drive; 3`' Avenue PI.W. to Coral 'Wood Drive, 5`" Avenue N.W. to Hickory ',food Drive and 7" Avenue N.W. to Cherry Wood Drive and are confirmed as such. BE :. FURTHER RESOLVED that this Resolution be recorded in the Public Records cf Collier County, Florida, and noted upon the maps of the street and zoning a -. s, >s cf Collier County, and notations made on the referenced Plat. if * ** OR: 2414 PG: 2596 * ** 1 2H This Resolution adopted after motion, second and majority vote. Done this J y day of 1998. ATTEST: ,'DWI T E. BR CK, ,F_'lerk' Approved as to Form and Legal Sufficiency: Marjo 'e M. Student Assistant County Attorney SHR -98 -2 RESOL7TIM/ �'�n's BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: � 1 I BAR?,�RA B. BER.R<, , Ch -47FTi kri Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 800835 57678073 NOTICE OF PUBLIC HEA 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 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: 0412 04/19 AD SPACE: 63.000 INCH FILED ON: 04/19/98 -------- - - - - -- BARBARA` CHAIRMAN OWIGHT CLERK BY-. /s/ Ellie H iDQPLrr Clerk April 17, 19 --------------------------- Signature of Affiant / Sworn to and Subscribed before we this r� ( day of rc 11 1 1¢�i Personally known by me NOTICE OF 3LIC HEARING No. 11811 25 -Irith A. Flanigan _ :SS014 N CC5C8787 EXP!RE,, r_ February ;•�i•: • N 1 9, 2C`00 ....., ti •r ^E:'ro;;'Mrruvn.S�Naw,f.v.c the Ad- Ca. 1 1 N4,� i OF PAGES (including this cover) 11l itl[ 11IIt1111f1111I11111111t1111111ItI1I1111IIlllllllli11111 TO: Ms. JMTTH FIJI. lilwl.a,j��jji�L LOCATION: NAPLES DAILY NEWS FAX NO.: 263 -4864 •i COMMENTS: Re: II III ► I III fI III 11 III 11fIi11111111 III lll fltllllllllllllllllf11111 FROM: ELLIE HOFFMAN - MINUTES 6 RECORDS LOCATION: Collier County CourthouIse FAX NO: (813) 774 -8408 PRONE 'NO: (813) 774_8406 2 C 1 as Date Went: ��fg Time gent: TOTAL TIME ABBR DATE ST.TIME 1D STATUS t:PGS DEPT CODE COMM.CODE 9NO. 03 -24 03 -24 12:05 16:19 00'01'21 00'02'06 9042813832 OK 2 058C008000008C11 92634864 OK 3 058C008000008A1D Date Went: ��fg Time gent: 12 �J Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk of the Board: Please place the following as a: I X/ Normal Legal Advertisement 10/ Other: (Display Adv., location, etc,) ..................................... . 1 ................... .. ......... . ........... . ..... .. ......... . ................. ....f................♦ Originating Dept/Div: Trans portation/Public Works Person: Rick Grigg Date: March 13, 1998 (Sign clearly) I -,r- 6 G¢i4p4 ............................................................................... ............................... .............I.— ........ Petition No. (If none, give brief description): Petition AV 98 -005 ........................................................................................................... ............................... Petitioner: (Name & address): Pelican Strand LTD., 10621 Airport Rd. North #1, Naples, FL 34109 x ?'r V/1 -1 ti..yr. Name & Address of any person(s) to be notified by Clerk's Office: See List of Adjacent Property Owners (If more space needed, attach separate sheet) Hearing before: /X/ BCC / / BZA / /Other ........................................................ ............................... t.. N.............. ............................... Requested hearing date: April 28, 1998 Based on advertisement appearin4 19ays before hearing. Newspaper(s) to be used: (Complete only if important /X/, /X/ Naples Daily News or legally required /X/) / / Other .............................................................. N........................................... ............................... Proposed Text: (Include legal description & common locations & size): PETITION AV 98 -005 TO VACATE A PORTION OF THE PLATTED 10' WIDE DRAINAGE EASEMENT ON LOTS 3, 4, 10, 11, 27, 28, 32, 33 AND 37, TRACT 5, ACCORDING TO THE PLAT OF 'PELICAN STRAND REPLAT -1 B" AS RECORDED IN PLAT BOOK 29, PAGES 23 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Companion petition(s), if any, & proposed hearing date: ........................................................................................................... ............................... Does Petition Fee Include Advertising Cost? Yes /X/ No /p/ If yes, what account should be charges for advertising costs 101 - 163610 - 649100 ; ................................................. N. �1H.. NN.. N. M. 3iN{.... N........................ ............................... Reviewed by* Date 311 Approved by: Date Division Head Ed 11schner County Administrator Robert F. Fernandez List Attachments- (1) Resolution (2) Legal Description (3) List of Adjacent Property Owners ........................................................................................................... ............................... A. For hearings before BCC or I.Z6: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal documents is involved. be sure that any necessary legal review, or request for same. is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: B. /X/ County Manager agenda file; /X/ Requesting Division; /X/ Original to Clerk's Office Other hearing ,5: Initiating L? i n Head to approve and submit original to Clerk's Office, retaining a copy for file. ........................................................................................................... ............................... FOR CLERK'S OFFICE USE ONLY Date Received Date Advertised Date of P.H. 12C1 March 24, 1993 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV -98 -005 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998 and again on Sunday April 19, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800835 12C1 afs NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998,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 AV -98 -005, Karen Bishop of PMS, Inc. of Naples, as agent for the petitioner, Pelican Strand LTD, requesting the vacation of a portion of the platted 10, foot wide drainage easement on Lots 3, 4, 10, 11, 27, 28, 32, 33 and 37, Tract 5, according to the plat of "Pelican Strand Replat -1B" as recorded in Plat Book 29, Pages 23 through 27, Public Records of Collier County, Florida. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 12G1" March 24, 1998 Pelican Strand LTD 3706 Horseshoe Drive South Naples, FL 34104 -6142 Re: Notice of Public Hearing to consider Petition AV -98 -005 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure I2C1'a March 24, 1998 Ms. Karen Bishop PMS Inc. of Naples 2335 Tamiami Trail North Suite 303 -B Naples, FL 34103 Re: Notice of Public Hearing to consider Petition AV -98 -005 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C1 ", March 24, 1998 Pelican Strand LTD 10621 Airport Road North, #1 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition AV -98 -005 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 98- 7 i 2 C 1 all. 3 RESOLUTION FOR PETITION AV 98 -005 TO VACATE A PORTION OF THE 4 PLATTED 10' WIDE DRAINAGE EASEMENT ON LOTS 3, 4, ]0, 1 1, 27, 28, 32. 33 AND 5 37, TRACT 5, ACCORDING TO THE PLAT OF "PELICAN STRAND REPLAT -IB11, AS 6 RECORDED IN PLAT BOOK 29, PAGES 23 THROUGH 27, PUBLIC RECORDS OF 7 COLLIER COUNTY, FLORIDA. 8 9 WHEREAS, pursuant to Section 177.101, Florida Statutes. Karen Bishop of PMS, Inc. of Naples, as agent for 10 the petitioner, Pelican Strand LTD., does hereby request the vacation of the above - described casements; and 1 1 WHEREAS, the Board has this day held a public hearing to consider vacating said easements as more fully 12 described below, and notice of said public hearing to vacate was given as required by law; and 13 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access 14 of other property owners. 15 NOW, THERLFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 16 COUNTY, FLORIDA. that the following be and is hereby vacated: 17 See Exhibit "A" attached hereto and incorporated herein. 18 BE IT FURTHER RESOLVED, that the Clerk to the Board is herebv directed to record a certified copy of this 19 Resolution in the Public Records of Collier County, Florida, and to make proper notation of this vacation on the 20 recorded plat as referenced above. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK. Clerk Approved as to form and legal sufficiency: j A l Heidi F. As ton Assistant Countv Attorney BOARD OF COUNTY CON04ISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman 12C I wt December,1997 EXHIBIT 'A" 5►4 E a-r I or 14 LEGAL DESCRIPTIONS A-v R8- o05 OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 3 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 3 OF PELICAN STRAND REPLAT 1 -13 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS. BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 3 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: 57 ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) December, 1997 12 C 1 .14 EXHIBIT 'A" SNEEr Z of 14 4'J 'q 13 -00-5 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 4 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 4 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET SOUTH OF THE NORTHERLY LINE OF LOT 4 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) 12f I rut iil.nia la I / / / r r 1 U� C! / o� G W f.- G F- W j J � f � ' A d 4 } W O G p fU jun II 3 -� Li r 3¢ -e cr # w AAA LO 4 to 139! 6t 6 2,11 i �g�� u r.6 � M V l 01 I W I` / uj Q V Q W' 1 / 1- m uj � / I ICO a o 3 Of ,ec 9'�-�' rti 0 m 0 I I • I l I I N l anG 7 C O / lI l + U N W � / a II 3 -� Li r 3¢ -e cr # w AAA LO 4 to 139! 6t 6 2,11 i �g�� u r.6 � M V l 01 I W I` / uj Q V Q W' 1 / 1- m uj � / I ICO a o 3 Of ,ec 9'�-�' rti 0 m 0 I �I I I • I l I I l lI l + l rr I lr r� 11 �' t�� rl • � I �I I I • I l I I l lI l 1 �I ,l it ZW�J �u� a- ' c4 r Q'Z' rims ~Z:x IC 3:U1 � W N�� 3 7-- o; QC' k'O Li o 7 �I Y� f( 4� C1A-j O a T rn s r� rW T n: a ti n nj :r 2 OJ n December, 1997 1 2 y' l I EXHIBIT'A' 5.+aET' 4 o;= 14 AV 98-005 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 10 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 10 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 10 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY. DATE SIGNED: /� - / I- 9i ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, ING LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) i i 1, December, 1997 EXHIBIT 'A" 5-,w a F--r 5 o >` I+ ovg13 -ao5 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 11 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY. FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 11 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET SOUTH OF THE NORTH LINE OF LOT 11 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTH LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED:- r I - S S ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) I T� is Y Ply 4lizaCli� :: ® ■i8 ZED ■o:i tai ?qtr$ —.4 1 1 41 - . , o �Q A e SRI I •{ f ell .4 � w w� A ♦ n ♦ ♦ iP ti cq O M A T N " � I a, I 6 !T f W I I I 88,cz �63.�15' CNR) 9 � X01 N W b ck: .4 n Q •n '" }�Y Z � a U � Z \ mo h�? O W �� 1 O Z � k' a 1 J W ,£0'bLi N Ji ru co 3 AC,8C.9L S O .-4 ,1 LIP Lt 3 „06.8C.9z S ° r2 0 Z RI- S.. Li I aZ dQ ) A � c r W 0 Q) I da p > Q° b if? G7 N c ou M ,£0'bLi N Ji ru co 3 AC,8C.9L S O .-4 ,1 LIP Lt 3 „06.8C.9z S I S.. Li I D P q `Q � c a 3 o W I Q° in N I O/ cv a � W e � a` u 6 I o a- I V J w a „ c m I )- C 1 4"1 December, 1997 EXHIBIT 'A" SHEET 17 AV'7 -005 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 27 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 27 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 27 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ``� ^' • DATE SIGNED: ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 33 (SEE ATTACHED BOUNDARY SKETCH) December, 1997 I 2C 1 I" -% EXHIBIT'A" e,"E „T H OX 14 AvRB- 005 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 28 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 28 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 28 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID WESTERLY LINE FOR ITS ENTIRE LENGTH, PREPARED BY: DATE SIGNED:_ ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) i m N Q G N � � m W a� 2' _ 1 2C1 Re /� Lo fit, : rigR cr D ; j 1W .1 DO s t "' m U 1 30 oN� = N aFI j t _aQ: ys� r V �QW oNu z I Z� �Y W J �[QW ac v vta� II� r ~ x 00 1 111 U •Q� k� o9 Y < ZUQggu CD W ~ aQNV 1 O� Jz a a '�. "NR) 41.96' W � H Q Q 280 a M a > ILO LO W A N_01'06'04 ?56.20' --- - -c.-- NID co W 2% m O v n % N 01'06 04' E 131 -F• 'Nr'; i f W V "1 1� 0 I W � W I � N m I I O p W z v CL Z �I cz j W W� Z ~ OD d III U 1 / N Q cr I a n.! m N Q G N � � m W a� 2' _ 1 2C1 Re /� Lo fit, : rigR cr D ; j 1W .1 DO s t "' m U 1 30 oN� = N aFI j t _aQ: ys� r V �QW oNu z I Z� �Y W J �[QW ac v vta� II� r ~ x 00 1 111 U •Q� k� o9 Y < ZUQggu CD W ~ aQNV 1 O� Jz a a '�. "NR) 41.96' W � H Q Q 280 a M a > ILO LO W A N_01'06'04 ?56.20' --- - -c.-- NID co W 2% m O v n % N 01'06 04' E 131 -F• 'Nr'; M cl C L a v� yp c l O � u n r. 1� o I m I r,; I m I I I c v CL Z j W W� Z ~ mS 1 O U 1 / N Q cr rPV �t N W a M cl C L a v� yp c l O � u n December, 1997 Z2C1all EXHIBIT'A" +� Sr+E ST /o of 14- A v 46 -caaa LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 32 OF PELICAN STRAND REPLAT 1 -8 (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 32 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 32 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED:_ ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) December, 1997 EXHIBIT 'A' SHE -7- if cc 14_ LEGAL DESCRIPTIONS f�V q8 -j OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 33 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION W TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 33 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 33 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID WESTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: 1.) -! 7' 7 ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) 1 2C al i E 1� go 0 W Q W W z z U Q ca V1 W I Q ; a a Li o J +a Ill V Cu �W V" N in O cj LM I O O i �rv0 14 z N a W I X° �� Q I �• aa �s III$a of gyp; -r vil !;I I-M w b � CD N 08' 30' 05 ' E 1613 97 �o z z O ' �i I I Q 1 W CA m o Ill `v N J 160.x" V (i I it li J z puW L N 08' 30' 05 ' E 1613 97 0 162.57- W �o CY) M O ' �i I I 0 162.57- W Q U Q 1 LJ ) CT. �- CA N (Y) o Ill `v N 08'30'05" i 160.x" Cy-1 •J cr N -17 s t. Q per- at it ' M i tl r li M I I � ' O t J I c l i Z3) a I ❑; I I. l7� d II I; Z i l 2 4 •% � t a a � U 3 �z z �m0 t1 1 U � i V1 cp ►-�W y ;c W� ^ 2Ow o� �aW 8� IX V) (4W z W o; Jz Lj U � WQ a 0 7 12 Cl m z O r_ ti c r m 0 m Lj CD 0 c LJ ) CT. �- I Io I it li z u O_ CC ,I I U r I I I 12010 December, 1997 EXHIBIT 'A" 5H F- e:-7- /3 0;= 14 A\/,I0- 005 LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 37 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 37 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 37 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS #5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) i �,1 I �I I I 3y QQ i� d gg �r dl .Q 333 e d� ._1.. rb p { m %� x4 73ti i3 lsi x? fill / OZ'! / f r M Lj �a6j Y=C O '/1 / W ° J d W n Zvi 1 �+ g i ~QW rr 3 ( x v) 61 q Y / 1 1 —jZ 0' ,02 f91 a a0 L, 0c 8£• c-" l 9L N W rn Of- D I N l /N ; o li,! W a 0� J Li / ca Li co M 1� 0c 8c• n I I I 9,/ N 2 a i LLJ U) a / o ~ c �O Iti I / cu CL ♦ JI / 1?C1 997 COLLIER COUNTY NOTICE OF AD VALOREM TAXES AND NON -1D VALOREM ASSESSMENTS NT EARNED 4X IN NOV 13% IN DEC 12% IN JAN T DUE 110,816.01 1I0i IN MAR ruuE I MILL RATE 111, 970.31 113, 124 .6? 114 , 279 01 11S,433-34 AMOUNT AI7THORITY j 3.7265 5.8340 2.5900 1,788,079 .8$72371 1.0535 14 .8216 Au TA<LOXEM TAXES 29,032 .28 couNTY 4S ' . 6 S SCHOOL •STATE 20,171 . 12 SCHOOL •LOCAL CITY 6,804-44 OEPENOENT 4,376-90 WATER MGT. 912 6.29 INOEP.SPECIAL 4T6:66 VOTER APPR. DEBT 115,43334 5 COLLIER COUNTY TAX COLLECTOR 1 COURTHOUSE COMPLEX • BUILDING C•1 1 NAPLES. FLORIDA 34112.4997 MILL COOE 1 14 9 Q ES CROW COOS I y3 P LICAN STRAND LTD 20 NAPLES FL OE34104 DR -6142 RATE PEA I NON -AO VALOREM ASSESSMENTS ROADS WATER/SEWER COMM. IMPROVE, 115,433-34 GARBAGE Ic.� PELICAN STRAND T COMBINEO TOTAL' TRACT F LYING N OF PELICAN PAID - 98/01/22 113,124.67 STRAND REPLAT -1A REC# 2S83.29 GUY L. CARLTON - TAX COLLECTOR 0000066679700762 0011543334 0000000000 00000 9SE SIDE FOR FURTHE3INFC11MATION THIS AREA FOR TAX CC =:EC': °'S 2313084 OR; 2414 PG; 2556 ROC E 500 Retn: COPIES S 156 .00 CLERK TO THE BOARD RICORDED in the OFFICIAL RICORDS of COLLIER COUNTI, FL INTIROFFICI 47H FLOOR 04/30/98 it 02:51FN DWIGHT B. BROCK, CLERK 1 r, i OIT 1240 1 l� RESOLUTION NO. 98- 112 RESOLUTION FOR PETITION AV 98 -005 TO VACATE A PORTION OF TT If: PLATTED ]0' WIDE DRAINAGE EASEMENT' ON LOTS 3. 4. 10. 11. 27. 32. 33 AND 37. TRACT 5. ACCORDIN(i TO TllF PLAT 01* "PELICAN STRAND REPLAT -113 ". AS RECORDED IN PLAT BOOK 29, PAGES 23 TIIROU(;II 27, PUBLIC RECORDS OF COLLIFR C'OIJN'I'Y. FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, Karen Bishop of PMS. Inc. of Naples, as agent for the petitioner. Pelican Strand i.TD., does hereby request the vacation of the above - described casements: and WIIEREAS, the Board has this day held a public hearing to consider vacating said casements as more fully described below, and notice ofsaid public hearing to vacate was given as required by law: and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, TI IEREFORE. BE IT RESOLVED 13Y 'rill: BOARD OF COUNTY COMMISSIOiJF,fts OF COLLfER COUNTY. FLORIDA. that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. 13E: IT FURTFIER RESOLVED. that the Clerk to the Board is Itcrebv directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notation ofthis vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGFIT' E. BROCK. Clerk COL1 :R COUNTY. FLORIDA 13AR RA E3. 13ERRY, Cmirn a Approved as to form and legal Sufi icicncv: y ; f Icidi F. Ashton Assistant County Attornev vii jV � OR; 2414 PG; 2557 .1 2C 1 December, 1997 EXHIBIT "A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 3 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF I -AND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 3 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 3 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: 57 ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) OR: 2414 PG: 2558 1 2C 1 December, 1997 EXHIBIT *A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 4 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23.27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2,5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 4 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET SOUTH OF THE NORTHERLY LINE OF LOT 4 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTHERLY LINE FOR ITS ENTIRE LENGTH, PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) m n n o 61 �a61 a � A / 3 7 � r i, P A W F- o' � / d W A N 1 I ° t X11. III fit I a 61^.,! 11 3 �g r a `s :;:�§ ,� � �b � is �Q �� Er �� 111i r � I .n 2c 1 'o� CL y" \ \ q Y .tom s� rb N ci t0 a, 7 c n� > m (tij � ,r 3J VQ N c o �1 I7 t I PRI l� ¢ rill W o > w M s Ifi n !�' � ,; i it •'� $f , q O I II rJ 1 l� iI '1� 1 � , Z I Mo I v a ~ :) A M a � W Y / D Ln F- Qil JIl f.- Z ZoNu� Q:x $� W ` v V, u JZ Q u � cr 0 7 CL y" \ \ q Y .tom s� rb N ci t0 a, 7 c n� > m (tij � ,r 3J VQ N c J Q I a a ¢ W o > w M a, ! Ifi n � nJ O !�' � ,; i it •'� $f , q O I II rJ 1 l� iI '1� � , CL y" \ \ q Y .tom s� rb N ci t0 a, 7 c n� > m (tij � ,r 3J VQ O ti - !�' � ,; i it •'� $f , q � , OR; 2414 PG; 2560 12C December, 1997 EXHIBIT "A" cC— 4 n 1 l LEGAL DESCRIPTIONS Q B �� OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 10 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 10 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 10 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: ✓ DATE SIGNED: ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC 1-6#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) 1 OR: 2414 PG: 2561 2C 1 1 December, 1997 EXHIBIT `A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 11 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 11 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS, BEING 8.75 FEET SOUTH OF THE NORTH LINE OF LOT 11 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID NORTH LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS #5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) 2 C 1 �� • � � � �� a�, � is c� �! �a �� J � � cv lit j;t lilt }� P tlisi!l:is ®��8 ® ® ®�:t��:SA�:iisa °�i 7,a b ° ~ CL 1 ' S5, w�� h3 ` '1 ►— zw o� O t 1 1 1 U <0 Wag W t , a UQ M� co P� CD a a 1 VO � O � N GQ �• I � � � I rTi ►""� ru iI rl— I m .rte --- - - - - -- 1 —t_— w A i rn 01 3 0 Q .-r co I a, I vi i Cr cc, o z LF r c ' i � 3R o S rII I ; December, 1997 OR: 2414 PG: 2563 EXHIBIT "A' LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 27 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY. FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 27 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 27 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: DATE SIGNED:_ ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 33 (SEE ATTACHED BOUNDARY SKETCH) 0 December, 1997 OR: 2414 PG: 2564 12C 11 EXHIBIT `A" ..� � G► 'fir LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 28 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 28 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 28 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID WESTERLY LINE FOR ITS ENTIRE LENGTH, PREPARED BY: DATE SIGNED: ROGER H. HARRAH LS#5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) . i� iiirCi 5"!,0;0 A f- U N 0 Z 0 3 q I j ¢94 D j) V U O � 1 I ' W a W C6 v� o n�JJ m � N �F-pU m Wm ae) a U a go Moil ei'w ?� lit g! • D� [D 12C 11 4 7o I r7 L' tD 3 3 2. a � z -� m0 T�� q Q .J V L a- u, Of� 0, n Z � Q W �V, .n W a Z LJ 40 k'o; �Q 3 J.L n N m � C l al CJ'1 L' W OI � a n I N 0 f- 1 O } � Z L J 111 , 1 U r.; L' tD 3 3 2. a � z -� m0 T�� q Q .J V L a- u, Of� 0, n Z � Q W �V, .n W a Z LJ 40 k'o; �Q 3 J.L n N m � C l al CJ'1 L' c� a' OI I N 0 1 J F i 111 , 1 U r.; j c •1 c� 1 I (I II Q V W i J � = a� r, � 3 o� v a 4 C 1 Q ' 1 I W � 1 I. 11 D -=i a �[i i a 28Q to N 01'061 4 156.20 Z 27 W (A i. �i 1 • � L' tD 3 3 2. a � z -� m0 T�� q Q .J V L a- u, Of� 0, n Z � Q W �V, .n W a Z LJ 40 k'o; �Q 3 J.L n N m � C l al CJ'1 L' c� a' OI ri rz r.; c •1 c� r m = a� r, � 3 December. 1997 OR: 2414 PG: 2566 1 C ,14 EXHIBIT "A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 32 OF PELICAN STRAND REPLAT 1 -13 (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 32 OF PELICAN STRAND REPLAT 1 -8 AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8.75 FEET WEST OF THE EASTERLY LINE OF LOT 32 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID EASTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY: 2-- 5 -- �, �4- � DATE SIGNED:_] -rj 7 ROGER H. HARRAH LS #5294 COMMUNITY ENGINEERING SERVICES, INC 1-1345572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) ol December, 1997 OR: 2414 PG: 2567 1 2C 1 EXHIBIT "A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 33 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18. TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 33 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS: BEING 8.75 FEET EAST OF THE WESTERLY LINE OF LOT 33 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID WESTERLY LINE FOR ITS ENTIRE LENGTH. PREPARED BY DATE SIGNED: ROGER H. HARRAH LS #5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) d� 9 fill 8 1 Z ��, .,oLO ,I y e n AAAtr C ' ji # a � CID W K N af oL 1 M /t� ,0� W i I , r � I i I !, I N o 5 �a r? a I N 08' 30 01 ui Li Lj <l F- 4 � v K�P :n �] Q it w a ¢ + a > W � n ~ f W a f i Q djI o� r- MM CID W K N af oL 1 M /t� ,0� W i , r i I !, �I o 5 �a r? a I <l K�P :n W � am J i r- CID ZWI m2r ^� I U Q VI O lZ.t Io N z:j g <Na t Z W o r D Z It I' o �7 � (I, c, II C -I r. C (1 ci j' Y O N H� N Oo W K N af oL 1 M /t� ,0� W i , r i I !, �I ZWI m2r ^� I U Q VI O lZ.t Io N z:j g <Na t Z W o r D Z It I' o �7 � (I, c, II C -I r. C (1 ci j' Y O N H� N Oo i - OR; 2414 PG; 2569 12 C 1 December, 1997 EXHIBIT 'A" LEGAL DESCRIPTIONS OF PARTIAL EASEMENT VACATION FOR TRACT 5 LOT 37 OF PELICAN STRAND REPLAT 1 -B (PLAT BOOK 29 PAGES 23 -27) SITUATED IN A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA A STRIP OF LAND 2.5 FEET IN WIDTH SITUATED IN TRACT 5, LOT 37 OF PELICAN STRAND REPLAT 1 -B AND WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS; BEING 8 75 FEET NORTH OF THE SOUTHERLY LINE OF LOT 37 AS MEASURED PERPENDICULAR TO AND RUNNING PARRALEL WITH SAID SOUTHERLY LINE FOR ITS ENTIRE LENGTH, PREPARED BY: °'- DATE SIGNED: ROGER H. HARRAH LS #5294 COMMUNITY ENGINEERING SERVICES, INC LB#6572 9200 BONITA BEACH ROAD, SUITE 213 BONITA SPRINGS, FLORIDA 34135 (SEE ATTACHED BOUNDARY SKETCH) O 9 mill b LJ .! d m X ��• �# j = Y" $ c. RR SR d gel � � 8 Ia X �y7 - 9 Nf �$$ aa ie �� i a Z J zm2A a 1 D ug ! rs Z I V ~ Q 10- JZ.D Z � - I 9, rn cv � N •� I N ►—� Io cv .p. (\j 't-y va V'1 U1 A 'O n W N I ^ (� I o } ° � s X J I� YNPV ' Q � N ico It) O ` Lj o ; �,n CL n M 2� 1 j _� n cu 9z N � 4 � J a f 1� cr CL / b J / n r ai Naples Deily News Naples, FL 33940 Affidavit of Publication Naples Daily News ----- ----- -- ------------------ - - - - -- ----y------ --------- - -- BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB Po BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 800835 57674654 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the 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: 04/12 AD SPACE: 68.000 INCH FILED ON: 04/13/98 ---- ------ -------- ----- Signature of Affiant ' *- --- ------------ Sworn to and Subscribed before me this i day of -` +.y. 19': Personally known by me u ✓� > "ti : i , �.��' ^�! +^^ 0110 oAol ui cFs AND KM NS 'UBLIC HEARING e is hereby given the Board of County nissioners of Collier N, will hold o public no on TUESDAY, 2E, 199E In the ]room, 3rd gloor, Ad- tration Building, Col- County Government r, 3301 East Tomio- Butler, P.E. of Buffer Ern pintering, Inc., as agent for the petitioner, Repub. Ilc Development Corpora. lion of Ohio, Inc. requesting the vocation of a 7.5 Development Ca- Poration of Ohio, Inc., re- questing the vocation of o 7.5 foot wide drainage easement In Lot 1, Block C and to vacate a portion R a 7.5 foot wide drainage easement In Lot 9, Block C,k according to the plat of "6riorwood Unit Two ", as recorded In Plot Book 22, Pages 92 through 94 Pub- lic Records of collier County, Florida. All Interested Parties ore Invited to attend, to reppaster to speak and to submit their oblections If MY, In wrMing to the Board Prior to tine Public hearing. Any person who decld- the Bid will ndecision d o re. cad of the Proceedings Pertaining thereto, and therefore may need to ensure ghat a verbatim record of the proceedings Is mode which record In- cludes ire testimony and oepviideence upon which the BOA aRID Is toOF�COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Ellie Hoffman, 0 'uty Clerk (SEAL) April 12 No.11E0797 .. " ;,.r;r,;,, 1) C 2, 40 Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk of the Board. Please place the follow!ng as a / X/ Normal Legal Ad✓ert!sement ! u/ Other_ (Display Adv.• location, etc.) ........................................................................................................... ............................... Originating DeptiDiv: Trans po•tation /Public Works Person Rick Grigg Date: M. -ch 16, 1.998 (Sign clearly) .................................................. ............................... ... s:4 .. r Ida- ................. Petition No. (If none, give brief description). AV 97 -029 �.z4 :'�: .......................................... ..............................: .................... ............................... Petitioner: (Name & address): Republic Development of Ohio, 3150 Republic Blvd., North 93, Toledo, OH 43615 Name & Address of any person(s) to be notified by Clerk's Office: See List of Adjacent Property Owners (If more space needed, attach separate sheet) Hearing before: /X/ BCC / I BZA / /Other ............................. ............................... .................. ............................... .. :.- .- . - ...... . Requested hearing date: April 28, 1998. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important /X/, or legally required /X /) / /X/ Naples Daily News Other__ Proposed Text: (Include legal description & common locations & size): PETH ION AV97 -029 '10 \'A(';\ I I•: A PORTION OF A ".�, F00F \MIDI: UR:\IN;\(ifi EASEMLINT IN LOT 1. BLOCK C. AND "1O VACATF A POR'T'ION OF .\ r.5 FOOT WIDE DR: \IN: \GE. F; \SF\IEN I IN I.OT 9, BLOCK C, : \('('ORDIN(i M fill.: PI.:\ I OF 1•13RIAR\\'()OD I'M C I WO ", AS RECORDED IN PLAT 1300K 22. PAGES 92 THROUGH 94. PVBLIC RE( -ORDs OF COL Lll:lt C'Ot'NT Y. FLOI:ID:\ Companion petition(s), if any, & proposed hearing date: ....................................................................................................... ......................::— ...... Does Petition Fee Include Advertising Cost? Yes /X/ No !uI If yes, what account should be charges for advertising costs 10 1 - 163610-649 100 Date3 /i '�<< 1�._ 9' 9� ................. Approved by Date ...................... .................... Reviewed by Division Head Ed Ilschner County Administrator Robert F. Fernandez List Attachments (1) Resotu:io•i (2) Legal Description (3) List of Adjacent Property O,.vre,s ........................................................................................................... ............................... D_I$TRIBUTION_INSTRU.CTIONS A. For hQ -r ncs bp`o _e BCC c, BZA In !lat ng person to compietr' one cony and obtain Dr,-soon Herd X o,- ;,o'.,?' submitting to County f.tana ;er fr'ote _If Ir�g�l_�2_��,menfs ir.gweG'� �eure teat an ;__necr�ssary_lec, r.: ;; or request for same. is 5u5mittr_d to �o�nty Attorney bttif9re�u�m_ttna to_�Q4nly �.1�n�g?r The Manager's C)r`,ce v;,ll distribute copes: B. IXI County (,tanager acer.d�: file. /X/ Requesting Division, !X/ Original to Clerk's Office Qth?,r hear ng5 In tat re Q. 15:c_i__HeL-J to approve and submit org ral to Clerk's Office, retaining a copy for f. -e ........................................................................................................... .......................I....... FOR CLERK'S OFFICj USE _ N Y QF iQ RQL-TV -_-Qd _Q�te Advertised QaLe--Qf P H, t am. Elk OF PAGES_ (including this cover) Illlllllllli lllllll 1111I1t 1t lIII11 I111[ItI11IIlIIIIItI111It11I1 TO: Ms. JUDITH VLARACAN LOCATION: NAPLES DAILY NEWS FAX 270.: 263 -4864 - i COMMENTS: Re: ntn III iiitnnnniniiinniirnninunintiiiiiiuinni� FROM: ELLIE HOFFMAN - MINUTES b RECORDS LOCATION: Collier County Courthouse FAX 270: ( 813) 774 -8408 PiiONE NO: (813) 774 -R40fi 732 1 03 -19 733 03-20 734 03 -23 735 03 -23 16:30 00 °01'54 15:56 00 001'29 09:12 00 °01'52 15:43 00 °01'45 92628664 9416575792 92634864 92634854 0V 3 OF 2 pv CIV 2 0688008000009E15 06aeoee6Ei000AE10 068C1X08000008Al2 068C008000008A16 ED a:t:(e) sent: / 9,, Time Sent: /�tj� 12 (1) 2 PmA March 23, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV -97 -029 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998 and again on Sunday April 19, 1998. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Ellie Hoffman, Deputy Clerk Enclosure Purchase Order No. 800835 I (,2411 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998,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 AV -97 -029, Gary Butler, P.E., of Butler Engineering, Inc., as agent for the petitioner, Republic Development Corporation of Ohio, Inc., requesting the vacation of a 7.5 foot wide drainage easement in Lot 1, Block C, and to vacate a portion of a 7.5 foot wide drainage easement in Lot 9, Block C, according to the plat of "Briarwood Unit Two ", as recorded in Plat Book 22, Pages 92 through 94, Public Records of Collier County, Florida. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) I �C2dv. March 23, 1998 Mr. Gary Butler, P.E. 2223 Trade Center Way Naples, FL 39109 Re: Notice of Public Hearing to consider Petition AV -97 -029 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 1262 so-4 March 23, 1998 Republic Development of Ohio 3150 Republic Blvd., North #3 Toledo, Ohio 43615 Re: Notice of Public Hearing to consider Petition AV -97 -029 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure CfRCG /� A Dwight E. Brock Clerk March 23, 1998 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. Box 413044 NAPLES. FLORIDA 34101.3044 12G2�s CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to Consider Petition AV -97 -029: Petition by the Republic Development of Ohio, more fully described on the enclosed Notice of Hearing. Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998 and again on Sunday, April 19, 1998. Any questions regarding this Petition should be directed to Russ Muller, Engineer, County Transportation Department at: (941) 774 -8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 1 >(;24`1 RESOLUTION NO. 98- 2 RESOLUTION FOR PETITION AV97 -029 TO VACATE A PORTION OF A 7.5 FOOT WIDE 3 DRAINAGE, EASEMENT IN LOT I, BLOCK C. AND TO VACATE A PORTION OF A 7.5 4 FOOT WIDE DRAINAGE EASF,MF.NT IN LOT 9, BLOCK C. ACCORDING TO "fHE PI„ 1T' 5 OF "BRIAR WOOD UNIT TWO ", AS RECORDED IN PLAT BOOK 22. PAGES 92 THROUGH 6 94, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 WHEREAS. pursuant to section 177.101, Florida Statutes, Gary Butler, P.E., of Butler Engineering. Inc.. 8 as went for the petitioner, Republic Development Corporation of Ohio, Inc., does hereby request the vacation of 9 the above described easements: and 10 WHEREAS. the Board has this day held a public hearing to consider vacating said easement~ as more 1 I fully described below. and notice of said public hearing to vacate was given as required by law; and 12 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient 13 access of other property owners. 14 NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMVVIISSIONFRS OF 15 COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: 16 See Exhibit "A" attached hereto and incorporated herein 17 BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified copy of this 18 Resolution in the Public Records of Collier Countv, Florida, and to make proper notation of these vacations on the 19 recorded plat as relcrcnced above. 20 This resolution adopted after motion, second and majority vote favoring same. 21 DATED: 22 ATTEST: BOARD OF COUNTY COMMISSIONERS 23 DWIGI IT E. BROCK. Clerk COLLIER COUNTY, FLORIDA 24 25 26 27 28 29 30 31 32 33 Approved as to form and legal sufficiency: kj� L fie i i F. Ashton �^ Assistant County Attorney By: BARBARA B. BERRY, Chairman Antonio Trigo, PLS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION I�-C,2*1K .Ex Ni SiT A QV (941) 594 -8448 FAX (941) 594.0554 A portion of the easterly 7.5 foot drainage easement of Lot 1, Block C, Briarwood Unit Two, as recorded in Plat Bock 22, Pages 92 through 94 of the Public Records of Collier County, Florida and being more particularly described as follows$ Commencing at the southeasterly corner of Lot 1, Block C, Briarwood Unit Two; thence westerly along the southerly line of said Lot 1 and the northerly right -of -way of Briarwood Boulevard, S 88 026'20" W a distance of 7.50 feet; thence N 01 033'40" W a distance of 20.00 feet to the POINT OF BEGINNING; thence continue N 01 033'40" W a distance of 100.33 feet; thence run N 88 026'20" E a distance of 2.50 feet; thence run S 01 °33'40" E a distance of 100.33 feet; thence run S 88 026'20" W a distance of 2.50 feet to the POINT OF BEGINNING. Containing 250.82 square feet Prepared by 4:-11� L.S. tifi ,'1 e No. 2982 Se e sheet 2 of 2 for sketch of Description SKETCH OF DESCRIPTION 0 !: �./ Lot 2 NOT A SURVEY Ra dlus = 5000.00' 7.50' N.88'26'20'E.--'- 2.50' M co as Lot 1 ° vi Briarwood Unit Two 3 0 3 a i+� C3 � o O Z P.O.S. S 88.26'2o'W. z 250' ° ow o� v ti a 4i C') vo 0 o +• J 4. O a C : 12 G 2 wo ExHig /T 'f�' SraEET Qv917-oZ9 7.50' Drainage Easement Lot 1 Bricrwood Unit Three I,( I P.O.C. S.88'26'20'V✓. Southeast corner 7.50' of Lot 1, Briarwood Unit Two, PB 22, BRIARWOOD BOULEVARD Pages 92 -94 GENERAL NOTES: 1 NI distances are in feet and decimals thereof. 2 Bearings are based on the East line of Lot 1, Briorwood Unit Two, Plat Book 22, Pages 92 throw h 94, Ccllier County, Florida. Being S.O1'T3 K. A. TRIGO & ASSOCIATES, INC. DATE Jan 28, 1998 PROFES910NAL LAND SURVEYORS & PLANNIM 2223 TRADE CENTER WAY DRAWN BY: AT SCALE: N.T.S. NAPLES, PWRIDA 33942 SHEET 2 OF 'L FILE NO. 97.0--23.01 LAND SURVEYING HU9IIIr S i SM4 Antonio Trigo, PLS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION A portion of the easterly 7.5 Lot 9, Block C, Briarwood Unit 22, Pages 92 through 94 of the County, Florida and being more follows: �- A V 11'7- of (941) 5948448 FAX (941) 594 -0554 foot drainage easement of Two, as recorded in Plat Book Public Records of Collier particularly described as Commencing at the northeasterly corner of Lot 9, Block C, Briarwood Unit Two; thence westerly along the northerly line of said Lot 9 and the southerly right -of -way of Mt. Hood Court a distance 8.48 feet along the arc of curve concave to the south, through a central angle of 02 046'36 ", having a radius of 175.00 feet and being subtended by a chord which bears S 87 009'53" W 8.48 feet; thence S 30 °39'01" E a distance of 38.83 feet to the POINT OF BEGINNING; thence run N 59 020'59" E a distance of 2.50 feet; thence run S 30 039'01" E a distance of 94.00 feet; thence run S 59 020'59" W a distance of 2.50 feet; thence run N 30 039'01" W a distance of 94.00 feet to the POINT OF BEGINNING. Containing 235.0 square feet Prepared by A � P1L.S. 1 r� Ce #f�cate No. 2982 Date : See sheet 2 of 2 for sketch of Description ■ 4 12C2all SKETCH OF DESCRIPTION s 4,, 4 A v 97- ozq P.O.0 Neap G�uR1 Northerly M�. Corner of Lot 9 / Briarwood Unit Two a� w v, ww �w 0 N.59.20159'E 2.so' P.O.B. Lot 10 Z O to Lot 8 W.fl o °� o .fl o ww o w� Curve number 1 Radius= 175.00 Delta= 02'4636' Arc= 8.48 Tangent= 4.24 Chord= 8.48 Chord Brg. S.87'09153'W. GENERAL NOTES: 1 NI distances are in feet and decimals thereof. 2 Bearings are based on the Northeasterly line of Lot 9, Brfarwood Unit Two, Plat Book 22, Pages 92 through 94, Collier County, Florido. Being N.30'39'01'W. E e oq e Sisk► 66 NOT A SURVEY �4r A. TRIGO & ASSOCIATES, INC. PROiPi MONAL LAND 9UR MIm Ic PLANNM DATE Jan. 28, 1998 2223 TRADE CENTER TAY DRAWN BY. AT SCALE; N.T.S. NAPS' FLORIDA 33942 SHEET 2 OF FILE NO. 97.0623.01 LAND SLgrVZ II?G BUSIIi>M / M4 i2C2a% Rpl Pg Fm UT UL 8 FC[s21 OC[NR1 I012476888184211612887288881[ FOLIO 1247688818421 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 14B31 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81/1 81 SALE DATE [ 81[88881 S AHT [ 81 ACRES [ .171 TOLEDO TRS— >1491[2611311 LEGAL -1 BRIARWOOD UNIT TWO —2 BLK C LOT 1 —3 —4 OH [ 881 LND L —USE IHP MKT ASD +AGADJ —1997 TAX ROLL - 43615 1514 CERT -96 —UAL $[. 237151 $[ 81 $[ 237151 $[ 237151 AREA CW CERT- 97 —URL [ 237151 [ Bl [ 237151 [ 237151 11/18/1997 02:35 PM CURRENT —EX —AMT TAXABLE S[ 237151 [ 237151 HHSTO —X $ [ 81 HILL —CODE 188% —X S [ 81 [ 1281 CNTY S[ 88.371 MSTU $[ 34.181 CIU —X $ [ 81 S —SL S[ 138.351 WHB $[ 13.331 UET —X $ [ 81 MILL —RATE S —LB $[ 61.421 ISO $[ 39.891 BLD —X $ [ 81 115.88681 CITY S[ .881 UADP $[ 1.271 WID—X $ [ 81 —1997 - AG —X $ [ 81 (1997 TAXES) TOTAL $[ 376.731 WH -X $ [ 81 —CERTIFIED— LOCATION [NA UINTAGE LN 15621 RES477 11/18/1997 02:35 PM 5 VULIU 1247688818681 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 24831 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81 /[ 81 SALE DATE [ 8][88881 S AMT [ 8l ACRES [ .171 TOLE -1997 TAX ROLL - * * * ** * ** TRS- >[491[261[311 DO ON 43615 1514 AREA CW j LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND CERT -96 -UAL CERT- -97 -UAL j -2 BLK C LOT 2 L -USE IMP $[ $[ 237151 [ 237151 I -3 8l [ 81 ! _4 MKT $[ 237151 [ 23715] CURRENT -EX -AMT ASD +AGADJ $[ 237151 [ 237151 ;i HMSTO -X $ [ 81 MILL -CODE TAXABLE $[ 237151 [ 237151 CIU -X $ [ 81 81 [ 1281 CNTY S[ 88.371 HSTU $[ 34,181 UET -X $ [ 81 HILL -RATE S -SL S[ 138.351 S -LB S[ WHO $[ 13,331 i� BLD -X $ 1 81 115.88681 CITY $[ 61.421 ISO $[ UADP $[ 39,891 WID -X $ [ 81 -199 ? - ,881 1.271 AG -X WH -X $ [ $ [ 81 81 (1997 TAXES) TOTAL S[ 376,731 -CERTIFIED - { LOCATION [NA UINTAGE LN 15741 RES4 ?7 11/18/1997 02:35 PM 12 G 2 yo.,q X { FC[•2] OC[NR1 ID[247688818841[612Be72800011 Fm UT UL FOLIO 1247688818841 OWNER> PARKER, KATHRYN T STRAP 846954 C 34031 1586 UINTAGE LN ORB /P[ 21921/114281 SALE DATE [ 71186961 $ AMT [ 1789881 ACRES [ 181 -1997 TAX ROLL - jI TRS- >[491[261[311 NAPLES FL 34184 8884 AREA CW LEGAL -1 BRIARWOOD UNIT TWO BLK C CERT -96 [ 811 LNO S[ -UAL CERT -97 -UAL -2 � 3 L -USE IMP $[ 249811 81 [ 249811 [ -3 1145481 -4 MKT $[ 249811 [ 1394411 CURRENT -EX -AMT ASD+AGADJ S[ 249811 [ 1394411 HMSTD -X S [ 258881 MILL -CODE TAXABLE S[ 249811 [ 1144411 1882 -X CIU -X S [ 81 S [ Sl [ 1281 CNTY S[ 426.461 MSTU $[ 164.551 i UET -X S [ 81 MILL -RATE S -SL S[ 667.651 S -LB S[ 296.401 WMB S[ ISO S[ 64.311 BLD -X WID -X S [ 81 S [ 115.88681 CITY S[ ,881 UADP $[ 192.581 6,121 8l -1997- WH -X 91 (1997 TAXES) TOTAL $[ 1817.991 CERTIFIED - LOCATION INA UINTAGE LN 15861 RES477 11/18/1997 02:36 PM Rpl Pg Fm UT UL 8 FC[:21 OC[NRl ID[2476888118711612887288881[ j FOLIO 1247688811871 OWNER> ALUAREZ, HECTOR R =& CAROLINA STRAP 846954 C 44B31 988 BRIARWOOD BLUR ORB /P[ 19981/1 6441 SALE DATE [311[18941 $ AMT [ 1587881 12 G, 2 off * * * * ** ** -1997 TAX ROLL- ******** X ACRES [ .16] NAPLES FL 34184 8882 AREA CW TRS- >[491[261[311 [ CERT -96 -UAL CERT -97 -UAL ;I LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND $[ 288251 [ 288251 -2 LOT 4 OR 1998 PG 644 L -USE IMP $[ 928211 [ 963431 II -3 MKT $[ 1136461 1 1171681 -4 ASD +AGADJ S[ 1136461 [ 11/18/1997 02:36 PM 1178551 TAXABLE $[ 886461 [ 928551 MILL -CODE [ 1281 CURRENT -EX -AMT HMSTD -X $ [ 258881 188% -X S [ $[ 81 CIU -X S[ $ [ 81 UET -X $[ $ [ 81 BLD -X 154.841 S [ 81 WID -X .881 S [ 81 AG -X S [ 81 WH -X �I S [ 81 11/18/1997 02:36 PM 1178551 TAXABLE $[ 886461 [ 928551 MILL -CODE [ 1281 CNTY $[ 343.841 MSTU $[ 132.361 S -SL $[ 537.851 WMB S[ 51.731 MILL -RATE S -LB $[ 238.421 ISO S[ 154.841 [15.88681 CITY $[ .881 UADP $[ 4.921 -1997- (1997 TAXES) TOTAL $[ 1462.361 -CERTIFIED - LOCATION [NA BRIARW00D BLUD 15981 RES477 12C2 smv R,1 Pg Fm UT UL FC[M21 OC[NRl I012476880112311612887288881[ FOLIO 1247688811231 OWNER> PARKER JR, LAWRENCE D =& BILLIE STRAP 846954 C 54B31 912 BRIARW000 BLUD [ * ' ORB /P[ 28941/[23771 [ 8l -1997 TAX ROLL - SALE DATE [311[88951 81 UET -X CITY $ [ $ AMT [ 1358881 BLO -X S [ 8l ACRES [ .281 NAPLES FL 34184 8882 AREA CW TRS- >[491[261[311 CERT -96 -UAL CERT -97 -UAL LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND $[ 262441 [ 262441 -2 ''LIOT 5" L -USE IMP $[ 888941 [ 831411 -3 MKT S1 1863381 1 1893851 -4 ASD+AGAOJ $[ 1863381 [ 1893851 CURRENT -EX -ANT 1 HMSTD -X S [ 8l i' 188r -X $ [ 8l CIU -X MILL -RATE $ [ 81 UET -X CITY $ [ 81 BLO -X S [ 8l WID -X $ [ 81 AG -X $ [ 81 WH -X $ [ 81 11/18/1997 02:36 PM TAXABLE $[ 1863381 1 1893851 MILL -CODE MSTU $[ [ 1281 CNTY $[ $[ S -SL $[ MILL -RATE S -LB $[ 115.88681 CITY $[ -1997- 487.621 MSTU $[ 157.281 638.151 WMB $[ 61.481 283.311 ISO $[ 184.881 .881 UADP $[ 5.851 (1997 TAXES) TOTAL $[ -CERTIFIED - LOCATION [NA BRIARWOOD BLUD 9121 1737.691 RES477 Rpl Pg Fm UT UL FC1s2l OC[NRl 10[247688811491[612887288881[ I FOLIO 1247688811491 OWNER> WESTGATE, GEORGE A =& ANN M it STRAP 846954 C 64B31 934 BRIARWOOD BLVD ! ORB /P[ 28721/112851 SALE DATE 1261196951 $ AMT [ 1524881 ACRES [ .281 NAPLES TRS— >[491[261[311 LEGAL -1 BRIARW00D UNIT TWO BLK C —2 "LOT 6 —3 —4 CURRENT —EX —AMT HMSTO —X $ [ 258881 1882 —X $ [ 81 C I U —X $ [ 81 UET —X $ [ 81 BLD —X $ [ 81 MILL —CODE FL [ 81l LND L —USE IMP MKT RSD +AGADJ TAXABLE 2 at v; —1997 TAX ROLL - 34184 8882 CERT -96 —UAL $[ 255881 $[ 898611 $[ 1154411 $[ 1154411 $[ 984411 [ 1281 CNTY S[ 349.721 MSTU $[ S —SL $[ 547.581 WMB $[ MILL —RATE S —LB $1 243.861 ISO $[ 115.88681 CITY $[ .881 UADP $[ AREA CW CERT--97 —UAL [ 255881 [ 932661 [ 1188461 [ 1188461 [ 938461 134.941 52.741 157.861 5.821 WID —X $ [ 81 —1997 - AG —X $ [ 81 (1997 TAXES) TOTAL $1 1498.841 WH —X $ [ 81 — CERTIFIED— LOCATION [NA BRIARWOOD BLUD 9341 RES477 11/1811997 02:36 PM Rpl Pg Fm UT UL FC[:21 OC[NR1 I0124768881165116128872888811 FOLIO 1247688811651 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 74831 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81/1 81 SALE DATE [ 8][88881 1 $ AMT [ 81 -1997 TAX ROLL - X: ACRES [ .241 TOLEDO OH 43615 1514 AREA CW TRS- >[491[261[311 $ [ CERT -96 -UAL CERT -97 -UAL LEGAL -1 BRIARWOOD UNIT TWO [ 001 LND $[ 275631 [ 275631 -2 BLK CLOT 7 L -USE IMP $[ 81 [ Sl �i -3 MKT $[ 275631 [ 275631 'i -4 ASD +AGADJ S[ HMSTD -X 188X -X CIU -X UET -X BLD -X WID -X AG -X WH -X CURRENT -EX -AMT TAXABLE $[ 275631 [ 275631 [ 275631 275631 $ [ 81 MILL -CODE $ [ 81 [ 1281 CNTY $[ 182.721 MSTU $1 39.631 S [ 81 S -SL $[ 168.881 WMB $[ 15.491 S [ 81 HILL -RATE S-LB $[ 71.391 ISO $[ 46.361 $ [ 81 115.88681 CITY $[ .881 UAOP $[ 1.471 $ [ 81 -1997- $ [ 81 (1997 TAXES) TOTAL $[ 437.861 $ [ 81 - CERTIFIED- LOCATION [NA BRIARWOOD BLUD 9781 RES477 11/18/1997 02:36 PM Rpl Po Fm UT UL FC[s21 OC[NRI I012476880118111612887200881[ I FOLIO 1247688811811 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 84B31 3158 N REPUBLIC BLUD STE 2 ORB /P[ 8] /[ 0l SALE DATE [ 0][88881 $ AMT [ 8] 1. 2 C 2, wm ,% * * * * * * * * —1997 TAX ROLL- ******** ACRES [ .191 TOLEDO OH 43615 1514 AREA CW TRS— >[491[26][311 228581 [ CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND S[ 228581 [ 228581 i —2 BLK CLOT 8 L —USE IMP S[ 81 [ 8l —3 MKT S1 228581 1 228581 —4 ASO+AGADJ $[ 228581 [ 228581 11/18/1997 02:37 PM CURRENT —EX —AMT TAXABLE $[ 228581 [ 228581 HMSTO —X $ f 01 MILL —CODE 188'/, —x S [ 81 [ 1281 CNTY $[ 82.171 MSTU S[ 31.711 CIU —X S [ 01 S —SL $[ 128.641 WMB $[ 12.391 UET —X S [ 81 MILL —RATE S —LB $[ 57.111 ISO $[ 37.181 BLO —X S [ 81 115.88601 CITY $[ .881 UAOP $[ 1.181 WID —X S [ 01 —1997 - AG —X S [ 01 (1997 TAXES) TOTAL S[ 358.381 WH —X S [ 8l —CERTIFIED — LOCATION [NA MT HOOD CT 8321 RE3477 11/18/1997 02:37 PM z i FC[.21 OC[NR1 I01247688812841[612887288881[ FOLIO 1247688812841 OWNER> REPUBLIC DEU CORP OF OHIO INC a STRAP 846954 C 94831 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81/1 81 SALE DATE [ 81[88881 S AMT [ 81 —1997 TAX ROLL — ACRES [ . .181 TOLEDO OH 43615 1514 I TRS— >[491[26l[311 CERT -96 —UAL LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND $[ 281371 —2 BLK C LOT 9 L —USE IHP $[ 81 —3 MKT $[ 281371 —4 ASD +AGAOJ S[ 281371 CURRENT— EX —AHT HHSTD —X S [ $[ 81 188x, —X S [ 28.961 8l CIU —X S[ S [ 8l UET —X 11.321 S [ 81 BLO —X 52.151 S [ 8l WID —X 115.88681 $ [ 81 AG —X $ [ $[ B1 WH —X $ [ 81 11/18/1997 02:37 PM TAXABLE V 281371 HILL —CODE AREA CW CERT -97 —UAL [ 281371 [ 81 [ 281371 [ 281371 [ 281371 [ 1281 CNTY $[ 75.841 HSTU $[ 28.961 S —SL S[ 117.481 WHB $[ 11.321 HILL —RATE S —LB $[ 52.151 ISO $[ 33.881 115.88681 CITY $[ .881 UADP $[ 1.881 —1997- (1997 TAXES) TOTAL $[ 319.911 —CERTIFIED — LOCATION [NA MT HOOD CT 8241 RES477 FOLIO 1247688812281 OWNER> WARDIN, NERNHARD =& JOHANNA STRAP 846954 C 184B31 816 MOUNT HOOD CT ORB /P[ 22611/128971 -1997 TAX ROLL - SALE DATE [171[12961 $ AMT [ 1745881 ACRES [ .231 NAPLES FL 34184 4794 AREA CW TRS- >[491[261[311 CIU -X CERT -96 -UAL CERT -97 -UAL LEGAL -1 BRIARWOOD UNIT TWO [ 811 LND $[ 268181 [ 268181 -2 BLK C LOT 18 L -USE IMP $[ 81 [ 1185881 -3 MKT $[ 268181 [ 1365981 -4 ASD +AGAOJ ISO S[ 229.771 115.88681 CURRENT -EX -AMT HMSTO -X S f 81 188X -X S [ 81 CIU -X $ [ 81 j UET -X $ [ 81 BLD -X $ [ 8l WID -X 5 [ 81 AG -X $ [ 81 J WH -X i� $ [ 81 11/18/1997 02:37 PM 91 268181 [ 1365981 TAXABLE S[ 268181 [ 1365981 HILL -CODE [ 1281 CNTY S[ 589.831 MSTU $[ 196.421 S -SL S[ 796.911 WMB $[ 76.761 MILL -RATE S -LB S[ 353.791 ISO S[ 229.771 115.88681 CITY 51 .881 UADP S[ 7.311 -1997- (1997 TAXES) TOTAL S[ 2169.991 -CERTIFIED - LOCATION [NA MT HOOD CT 8161 RES477 Rpl Pg Fm UT UL FC[S21 OC(NRl I0124768081246][612887288881[ FOLIO 1247688812461 OWNER> MAESTRO, JOSEPH P STRAP 846954 C 114831 DONNA M TAYLOR ORB /P[ 19741/115471 PO BOX 951 SALE DATE [ 81188941 $ AMT [ 428881 1202 mq -1i -1997 TAX ROLL - ACRES [ .251 LAKE ZURICH IL 68847 8951 TRS- >[491[261[311 CERT -96 -UAL LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 881 LND $[ 338481 -2 LOT 11 OR 1974 PG 1547 L -USE IMP 51 81 -3 MKT $[ 338481 -4 ASD +AGADJ $[ 338481 CURRENT -EX -AMT TAXABLE S[ 338481 HMSTD -X $ [ 81 MILL -CODE 188% -X $ [ 81 [ 1281 CNTY $[ 123.151 MSTU $[ CIU -X $ [ 81 S -SL S[ 192.881 WMB $[ UET -X $ [ 81 MILL -RATE S -LB S[ 85.591 ISO $[ BLD -X $ [ 81 115.88681 CITY S[ .88] UROP $[ WIO -X $ [ 81 -1997 - AG-X $ [ 81 (1997 TAXES) TOTAL $[ WH -X S [ 8l X AREA CW CERT -97 -UAL [ 338481 [ 81 [ 338481 [ 338481 [ 338481 47.521 18.581 55.591 1.771 525.881 ,� -CERTIFIED - LOCATION [NA MT HOOD CT 8881 RES477 11/18/1997 02:37 PM Rpl Pg Fm UT UL FCI 21 OC[NRI I0124768001262116128072080011 FOLIO 1247688812621 OWNER> REED, KERRY G =& JACQUELINE H STRAP 846954 C 124831 PO BOX 131 ORB /P[ 28531/121871 SALE DATE [ 1][85951 $ AMT [ 320881 ACRES [ .311 TRS- >149][2611311 LEGAL -1 BRIARWOOD UNIT -2 LOT 12 -3 [,! NAPLES FL TWO BLK C [ Oil LNO L -USE IMP MKT ASD 12(.:2max -1997 TAX ROLL - 34186 8131 AREA CW CERT -96 -UAL CERT -97 -UAL $[ 415861 [ 415861 51 1165591 1 1289911 S1 1581451 [ 1625771 11/18/1997 02:37 PM CURRENT -EX -AMT TAGADJ S[ TAXABLE $[ 1581451 [ 1331451 [ 1625771 1375771 HHSTD -X $ [ 258881 MILL -CODE 188;: -X 5 [ 01 [ 1281 CNTY $[ 512.681 MSTU $[ 197.831 CIU -X $ [ Ol S -SL $[ 802.621 WMB $[ 77.321 !� UET -X $ [ 81 MILL -RATE S -LB $[ 356.321 ISD S[ 231.421 !i BLD -X $ [ 81 115.88681 CITY $[ ,081 UADP $[ 7.361 WID -X 1 $ [ 81 -1997- AG -X � WH -X S [ $ [ 8l (1997 TAXES) TOTAL $[ 2185.551 81 - CERTIFIED- = LOCATION [NA MT HOOD CT 8801 RES477 11/18/1997 02:37 PM Rpl Pq Fm UT UL FC[s21 OCINRI I01247688812881[612887288881[ FOLIO 1247688812881 OWNER> WHITELEY TR, MARGARET E STRAP 846954 C 134B31 881 MOUNT HOOD CT ORB /PI 19951/122791 SALE DATE 1281118941 $ AMT t 81 ACRES t .311 NAPLES TRS— >[491[261[311 ? C z a, —1997 TAX ROLL — FL 34184 4794 AREA CW CERT -96 —UAL CERT -97 -11A1 in LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND S[ 415861 [ 415861 —2 LOT 13 OR 1995 PG 2279 L —USE IMP $[ 1872911 [ 1113581 MKT $I 148877] [ 1529441 _4 ASD+AGADJ $[ 1488771 [ 1529441 CURRENT —EX —AMT TAXABLE $[ 123377] [ 1274441 HMSTD —X $ [ 258881 HILL—CODE loaf —X S [ 81 [ 1281 CNTY S[ 474.921 MSTU S[ 183.251 I� CIU —X S [ 81 S —SL SI 743.511 WMB $[ 71.621 UET —X S [ 81 MILL —RATE S —LB $[ 338.881 ISO $[ 214.381 BLD —X S [ 81 115.88681 CITY $[ .881 UAOP V 6.821 WID —X S [ 5881 —1997 — AG —X S [ 81 (1997 TAXES) TOTAL S[ 2824.581 + WH —X S [ 81 — CERTIFIED— i LOCATION [NA MT HOOD CT 8811 RFS477 11/18/1997 02:37 PM Rpl Pg Fm UT UL FC[M21 OC[NRl I012476888138111612887288881[ FOLIO 1247688813811 OWNER> UAN WISSEN, RIEN L STRAP 846954 C 144B31 BEVER, ELAINE M ORB /P[ 22391/[ 9591 887 MOUNT HOOD CT SALE DATE [151[18961 $ ANT [ 81 1.2C2o4i ** * * * * ** -1997 TAX ROLL- ******** ACRES [ "Jul NAPLES FL 34184 4794 AREA CW TRS- >[49l[261[311 HMSTD -X CERT- 96 -URL CERT -97 -UAL LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND $[ 399711 [ 399711 -2 LOT 14 L -USE IMP 51 1811681 [ 1849861 -3 MKT $[ 1411311 1 1449571 ' -4 + ASD RGR 81 S -SL 11/18/1997 02:38 PM CURRENT -EX -ANT DJ S[ TAXABLE S[ 1411311 1 1161311 [ 1449571 1199571 HMSTD -X $ [ 258881 MILL -CODE 188; -X $ [ 81 [ 1281 CNTY $[ 447.821 MSTU $[ 172.491 f CIU -X $ [ 81 S -SL $[ 699.831 WMB S[ 67.421 UET -X $ [ 81 MILL -RATE S -LB $[ 318.691 ISO S[ 281.781 BLD -X $ [ 81 [15.88681 CITY $[ .881 UADP $[ 6.421 WID -X $ [ 8l -1997 - AG -X $ [ 8l (1997 TAXES) TOTAL S[ 1985.651 WH -X $ [ 8] -CERTIFIED- LOCATION [NA MT HOOD CT 8871 RES477 11/18/1997 02:38 PM RP1 Pg Fm UT UL FC[s21 OCINRI ID[2476888132711612887288881[ FOLIO 124 ?688813271 OWNER> OOMZALL, RAPHEL L STRAP 846954 C 154831 MARION C HESSEN ORB /P[ 19981/1 6341 813 MOUNT HOOD CT SALE DATE [311[18941 S AHT [ 1453881 —1997 TnX ROLL - * ** * * * ** x AREA CW CERT -97 —UAL [ 242251 [ 889931 [ 1852181 [ 1852181 [ 882181 115.341 45.881 134.941 4.291 1274.341 [ 81 - CERTIFIED- LOCATION INA MT HOOD CT 8131 RES47? 11/18/1997 02:38 PM [ .181 NAPLES FL 34184 4794 itACRES TRS- >[491[261[311 CERT -96 -UAL LEGAL -1 BRIARWOOD UNIT TWO BLK C I 811 LND S[ 242251 -2 LOT 15 OR 1998 PG 634 L -USE IMP $[ 788451 -3 MKT $[ 1822781 -4 ASD+AGAOJ S[ 1822781 CURRENT -EX -AMT TAXABLE S[ 772 ?81 !; HMSTD -X $ [ 258881 MILL -CODE leer -X $ [ 81 [ 1281 CNTY $[ 298.941 HSTU $[ y' CIU -X $ [ 81 S -SL $[ 467.991 WMB S[ UET -X S [ 81 HILL -RATE S -LB $[ 287.761 ISO $[ BLD —X S [ 81 115.88681 CITY $[ .881 UADP $[ WID —X ! S [ 81 —1997- AG -X S [ 81 (1997 TAXES) TOTAL S[ WH —X S x AREA CW CERT -97 —UAL [ 242251 [ 889931 [ 1852181 [ 1852181 [ 882181 115.341 45.881 134.941 4.291 1274.341 [ 81 - CERTIFIED- LOCATION INA MT HOOD CT 8131 RES47? 11/18/1997 02:38 PM 1 2G2 �R Rpl Pg Fm UT UL FC[s21 OC[NR1 ID[24768881343][612887288881[ Ij FOLIO 1247688813431 OWNER> MC DERMOTT, JOHN J =& BEUERLY A STRAP 846954 C 164831 819 MOUNT HOOD CT ORB /P[ 21331/128871 —1997 TAX ROLL— SALE DATE [261[12951 $ AMT [ 1451881 ACRES [ .181 NAPLES FL 34184 4794 AREA CW TRS— >149][26][311 CERT -96 —UAL CERT -97 —UAL !I LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND $[ 242251 [ 242251 —2 LOT 16 L —USE IMP $[ 769871 [ 798261 —3 MKT $1 1811321 1 1848511 —4 ASD+AGADJ $[ IA11321 [ 1848511 11/18/1997 02:38 PM CURRENT —EX —AMT TAXABLE $[ 761321 [ 798511 il HMSTO —X $ [ 258881 HILL —CODE i� 1881; —X $ [ 81 [ 1281 CNTY $[ 294.581 MSTU $[ 113.681 —X $ [ 81 S —SL $[ 461.181 WMB $[ 44.431 ICIU UET —X $ [ 81 HILL —RATE S —LB $[ 284.741 ISO $f 132.981 BLD —X $ [ 81 115.88681 CITY $f .881 UADP $[ 4.231 WID —X $ [ 8] —1997- AG —X $ [ 81 (1997 TAXES) TOTAL $[ 1255.821 WH —X $ [ 81 —CERTIFIED — u LOCATION [NA MT HOOD CT 8191 RES477 11/18/1997 02:38 PM i 1 Rpl P9 Fm UT UL i FC[•21 OC[NRl I0[247688813691[6128872888811 FOLIO 1247688813691 OWNER> KLINK, ALFRED R =& GAIL 0 STRAP 846954 C 174B31 825 MOUNT HOOD CT ORB /P[ 19951/122881 SALE DATE [281[18941 ( $ AMT [ 1383881 ACRES [ 111 1 L. I✓ 2 '1 : -1997 TAX ROLL - . NAPLES FL 34184 4794 AREA CW 1 TRS- >[49][Z61[311 CERT -96 -UAL CERT -9? -UAL I LEGAL -1 BRIARWOOD UNIT TWO BLK C [ 811 LND $[ 158241 [ 158241 -2 LOT 17 OR 1995 PG 2288 L -USE IMP S[ 749741 [ 778871 -3 MKT S[ 987981 1 936311 -4 CURRENT -EX -AMT HMSTD -X $ [ 258881 100111.-X $ [ el CIU -X $ [ S] UET -X S [ el ! BLD -X S [ 8] WID -X S [ 81 + AG -X S [ el WH -X S [ 8l 11/18/1997 02:38 PM ASD+AGADJ S[ 987981 [ 935221 TAXABLE $[ 657981 [ 685221 MILL -CODE [ 1281 CNTY $[ 255.351 MSTU $[ 98.531 S -SL 51 399.761 WMB $[ 38.511 MILL -RATE S-LB $[ 177.471 ISO S[ 115.261 115.88681 CITY $[ .881 UADP $[ 3.671 -1997- (199? TAXES) TOTAL $[ 1988.551 -CERTIFIED - LOCATION [NA MT HOOD CT 8251 RES4 ?7 Rpl Pg Fm UT UL 8 FC[s21 OC[NR1 ID[24768881385][612887288881[ FOLIO 1247688813851 OWNER> SWANSON, MARK 0 =& MARY ANN B STRAP 846954 C 184831 833 MOUNT HOOD CT ORB /P[ 21581/[21811 SALE DATE [211[82961 $ AMT [ 1379881 1 2C2 as —1997 TAX ROLL — ACRES [ .181 NAPLES FL 34184 4794 AREA CW TRS— >[491[26l[311 115.88681 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOO UNIT TWO BLK C [ 81l LNO $[ 213751 [ 213751 —2 LOT 18 (1997 TAXES) TOTAL $[ L —USE IMP S[ 81 [ 837941 —3 —CERTIFIED— MKT S[ 213751 1 1851691 —4 RES477 ASD +AGADJ S[ 213751 [ 1851691 CURRENT —EX —AMT TAXABLE S[ 213751 [ 881691 HMSTO —X S [ 258881 MILL —CODE 188% —X S [ 81 [ 1281 CNTY $[ 298.751 MSTU $[ 115.271 CIU —X $ [ 8l S —SL $[ 467.711 WMB $[ 45.861 UET —X $ [ 81 MILL —RATE S —LB S[ 287.641 ISO $[ 134.851 BLO —X $ [ 81 115.88681 CITY S[ .881 UADP $[ 4.291 ( WID —X S I 81 —1997- ') AG —X $ [ 8l (1997 TAXES) TOTAL $[ 1273.571 WH —X $ [ 81 —CERTIFIED— LOCATION [NA MT HOOD CT 8331 RES477 11/18/1997 02:38 PM 1202 a-m r Lt L1z, Uc [ NH 1 I U [ 247688814881 [ 612887288881 [ 1 FOLIO 1247688814881 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 C 194B31 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81/1 8] -1997 TAX ROLL - SALE DATE [ 81188881 $ AMT [ 8l [ 81 188J -X ACRES [ .221 TOLEDO OH 43615 1514 TRS- >[491[261[311 81 CERT -96 -UAL LEGAL -1 BRIARWOOD UNIT TWO [ 881 LNO $[ 267191 -2 BLK C LOT 19 L -USE IMP $[ 81 -3 $ [ MKT $[ 267191 -4 ASD+AGAOJ $[ 267191 CURRENT -EX -AMT TAXABLE Of 20191 HMSTO -X $ [ 81 188J -X $ [ 81 CIU -X 155.881 $ [ 81 UET -X S -LB $ [ 81 BLD -X S[ $ [ 8] WID -X .881 $ [ 81 AG -X $ [ 8l WH -X $ [ 8l 11/1811997 02:38 PM MILL -CODE [ 1281 CNTY S[ 99.571 MSTU $[ S -SL S[ 155.881 WHO S[ MILL -RATE S -LB $[ 69.281 ISO S[ 115.88681 CITY S[ .881 UAOP $[ -1997- (1997 TAXES) -CERTIFIED - LOCATION [NA MT HOOD CT TOTAL $[ AREA CW CERT -97 -UAL [ 267191 [ 81 [ 267191 [ 267191 [ 267191 38.421 15.821 44.951 1.431 424.471 8411 RES477 fY Rpl PQ Fm UT UL FC[s21 OC[TR1 I012476888844111612887200001[ FOLIO 1247688884411 OWNER> LEES III, WILLIAM J =& TINA M STRAP 846954 A 34B31 862 BRIARWOOD BLUD ORB /P[ 28661/115931 SALE DATE [ 61105961 i S AMT [ 1581881 C —1997 TAX ROLL — X R RED [ .171 NAPLES FL 34184 8888 AREA CW TRS— >[491[261[311 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT TWO BLK A [ 811 LND $[ 218261 [ 218261 —2 LOT 3 L —USE IMP $[ 986421 [ 1823841 ` —3 MKT $[ 1196681 1 1234181 i —4 ASD+AGADJ $[ 1196681 [ 1234181 li CURRENT —EX —AMT TAXABLE $[ 1196681 [ 984181 HMSTD —X $ [ 258881 MILL —CODE 188% —X S [ 81 [ 1281 CNTY $[ 366,731 MSTU $[ 141.511 i� CIU —X $ [ 8l S —SL S[ 574.121 WMB $[ 55.311 UET —X $ [ 81 MILL —RATE S —LB S[ 254.881 ISO $[ 165.541 BLD —X $ [ 81 115.88681 CITY $[ .881 UADP $[ 5.261 WID —X S [ 81 —1997 - AG —X WN —X S [ 81 S [ (1997 TAXES) TOTAL $[ 1563.351 8l — CERTIFIED— ;I LOCATION [NA BRIARWOOD BLUD 8621 RES477 11/18/1997 02:30 PM I : Q 1x -q 02 Rpl Pg Fm UT UL I FC[s2] OC[NR1 I012476886846711612887268681[ 1 --2 3 LOT 4 L —USE IMP S[ 1894981 [ 1136591 " MKT $[ 1375331 1 1416941 —4 ASO +AGAOJ $[ 1375331 [ 1416591 J CURRENT —EX —AMT TAXABLE S[ 1125331 [ 1166591 HMSTD —X $ [ 258861 MILL —CODE i 188 —X $ [ 81 [ 1281 CNTY S[ 434.731 MSTU $[ 167.741 CIU —X $ [ 81 S —SL $[ 688.591 WMB $[ 65.561 UET —X $ [ 61 MILL —RATE S —LB $[ 382.151 ISO S[ 196.231 BLD —X $ [ 81 115.88661 CITY S[ .881 UADP $[ 6.241 WID —X $ [ 6] —1997 - AG —X $ [ 8l (1997 TAXES) TOTAL $[ 1853.241 WH —X $ [ Bl —CERTIFIED— LOCATION [NA BRIARWOOD BLUD 8841 RES477 11/18/1997 02:30 PM FOLIO 1247688884671 O OWNER> PRIMUS, U UERDELL G STRAP 8 846954 A 4 44B31 884 BRIARWOOO BLUD { O ORB /P[ 2 21191/[15421 — —1997 T TAX ROLL- ,` S SALE DATE [ [15][11951 S AMT [ [ 81 !� A ACRES [ [ .211 N NAPLES F FL 34184 8888 A AREA CW TRS— >149112611311 C BRIRRWOOD U CERT- 96 —UAL CERT -97 —UAL UNIT T TWO BLK A [ [ 61] LND $[ 2 288351 [ 2 288351 11/18/1997 02:30 PM Rpl Pg Fm UT UL 81 FC[s21 OC[NRI I0124760008403116120072008011 FOLIO 1247688884831 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 A 54B31 3158 N REPUBLIC BLUD ORB /P [ STE 2 I2C2 X SALE DATE 81/[ 81 [ 81188881 —1997 TAX ROLL — !� $ AHT [ 81 ACRES TRS— >[491[261[311 [ .191 TOLEDO OH 43615 1514 AREA CW LEGAL -1 BRIARWOOD UNIT TWO [ ee1 LND CERT -96 $[ —UAL CERT- -97 —UAL 249361 [ !� —2 BLK A LOT 5 L —USE IMP $[ 81 [ 249361 81 _4 MKT Of 249361 [ 249361 CURRENT —EX —ANT ASO +AGADJ TAXABLE Of Of 249361 [ 249361 I HHSTD —X $ [ 81 HILL —CODE 249361 [ 249361 188 —X CIU —X $ [ $ [ 81 [ 1281 CNTY $[ 92.931 NSTU $[ 35.861 UET —X $ [ 81 81 HILL —RATE S —SL SI 145.481 S —LB $[ 64.581 WHB Of ISO $[ 14.811 BLD —X $ [ 81 115.88681 CITY Of .881 UAOP Of 41.941 1.331 WID —X $ [ of —1997 - AG —X WH —X S [ $ [ 81 81 (1997 TAXES) TOTAL Of 396.131 —CERTIFIED — LOCATION [NA BRIARWOOD BLUD 15811 RES477 11/18/1997 02:30 PM r.- -rusar:. 8T�i5i'� FC'I 21 OC[NR1 ID[247688885861[61288728888ll Fm UT UL it FOLIO 1247688885861 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 A 64B31 3150 N REPUBLIC BLUD STE 2 ORB /P( 81/1 B 1 SALE DATE [ 81188881 AMT [ 81 ACRES [ 171 I2C2w.14 Krt -1997 TAX ROLL - 11/18/1997 02:30 PM TRS- >[491[26l[31l TOLEDO OH 43615 1514 AREA CW LEGAL -1 BRIARW000 UNIT TWO [ CERT -96 -UAL 881 LND S[ 287881 CERT -97 -UAL [ -2 BLK A LOT 6 L -USE IMP S[ 81 287881 [ 8] '! -3 -4 MKT S[ 287881 [ 287881 CURRENT -EX -AMT ASD+AGADJ S[ TAXABLE S[ 287881 [ 287881 it HMSTD -X S [ 8l MILL -CODE 287881 [ 287881 188% -X CIU -X S [ S [ 81 81 [ 1281 CNTY $[ 77,141 MSTU S[ 29.761 UET -X S [ 81 MILL -RATE S -SL S -LB $[ 128,761 $[ 53.611 WMB $[ ISO S[ 11,631 34,821 BLD_X ID X S [ 81 [15.88681 CITY $[ .881 UAOP $[ 1.111 S [ 81 -1997- AG -X WH -X S [ S [ 81 8l (1997 TAXES) TOTAL S[ 328,831 -CERTIFIED- LOCATION [NA TETON CT 8891 RES477 11/18/1997 02:30 PM 1202 ■� < l,R, I U < «(btJdUU:2Z,16128072800011 1 FOLIO 1247688885221 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 A 74B31 3158 N REPUBLIC BLUD STE 2 ORB /P[ 81 /1 81 -1997 TAX ROLL - SALE DATE [ 81[88881 S AMT [ ACRES 81 [ .181 TOLEDO OH 4361.5 1514 TRS- >[491[261[31l LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND CERT -96 -UAL S[ 216881 -2 BLK A LOT 7 L -USE IMP S[ 81 -3 -4 MKT $f 216881 CURRENT -EX -AMT ASD +AGADJ $[ 216881 HMSTO -X S [ 81 HILL -CODE TAXABLE S[ 216881 188r -X CIU -X S ( $ ( 81 f 1281 CNTY $[ 88.581 MSTU S[ UET -X S [ 81 81 HILL -RATE S -SL $f 126.811 S -LB S[ 55.941 WMB $[ ISO S[ BLD -X S [ 81 115.88681 CITY $[ .881 UADP S[ WID -X 5 [ 8] -1997- AREA CW CERT -97 -UAL [ 216881 f 81 f 216881 ( 216881 [ 216881 31.861 12.131 36.331 1.161 AG -X $ [ 81 (1997 TAXES) TOTAL $[ 343.131 WH -X $ [ 81 - CERTIFIED- LOCATION [NA TETON CT 7931 RES477 11/18/1997 02:30 PM ,r Rpl Pg Fm UT UL �± FC[•21 OC[TR1 I012476800078411612807200001[ 1 FOLIO 1247688887841 OWNER> BENHARDT, JEREMY =& MARGERY STRAP 846954 A 284831 732 TETON CT itORB /P( 22381/121841 SALE DATE [281[89961 S AMT [ 1344801 1202 w-w -1997 TAX ROLL - ACRES NAPLES FL 34184 4798 TRS- >1491126][311 CERT -96 -UAL LEGAL -1 BRIARWOOD UNIT TWO [ 811 LND $[ 222751 -2 BLK A LOT 28 L -USE IMP $[ 81 -3 HKT $[ 222751 -4 ASD+AGADJ $[ 222751 CURRENT -EX -AMT TAXABLE S[ 222751 HMSTD -X $ [ 01 HILL -CODE 108 Y. -X S [ 81 [ 1201 CNTY $[ 379.691 HSTU $[ CIU -X $ [ 0l S -SL $[ 594,421 WHB $[ i UET -X $ [ 81 MILL -RATE S -LB S[ 263.891 ISO $[ BLD -X $ [ 81 115.88601 CITY $[ .881 UADP $[ WID -X $ [ 81 -1997- 1 AG -X $ 1 81 (1997 TAXES) WH -X $ [ 8l - CERTIFIED- LOCATION [NA TETON CT 11/18/1997 02:29 PM TOTAL $[ AREA CW CERT -97 -UAL [ 222751 [ 796141 [ 1818891 [ 1818891 [ 1018891 146.581 57.271 171.381 5.451 1618.681 7921 RES477 .i ? l L, a i X Rpl Po Fm UT UL FC[s21 OC[NR1 ID[2476888888711612887288881[ FOLIO 12476888888 ?1 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 A 214831 3158 N REPUBLIC BLUD STE 2 ORB /Pf 81 /[ 81 —199? TAX ROLL— SALE DATE [ 8][88881 $ ANT [ 81 [ 81 HILL —CODE ACRES [ .281 TOLEDO OH 43615 1514 AREA CW TRS— >[49l[261[31l 81 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND $[ 222751 [ 222751 i BLK A LOT 21 L —USE IMP $[ 81 [ 8) _3 —4 S[ MKT $[ 222751 [ 222751 81 HILL —RATE ASD+AGADJ $[ 222751 [ 222751 j CURRENT —EX —ANT TAXABLE $[ 222751 [ 2227 HNSTD —X $ [ 81 HILL —CODE 51 81 [ 1281 CNTY $[ 83.811 HSTU $[ 32.831 CIU —X UET —X 5 [ 8l S —SL $[ 129.951 WHB S[ 12.521 $ [ 81 HILL —RATE S —LB $[ 57.691 ISO S[ 37.471 BLD —X $ [ 81 115,88681 CITY $[ .881 UADP $[ 1.191 WID —X $ f 81 —1997 - AG —X WH —X $ [ $ [ 8) (199? TAXES) TOTAL S[ 353.861 81 —CERTIFIED— LOCATION [NA TETON CT 8881 RES477 11/18/1997 02:29 PM Rpl P9 FM UT UL FC[s21 OC[TR1 ID[247680088231[61280720888)[ FOLIO 1247688888231 OWNER> REPUBLIC DEU CORP OF OHIO INC STRAP 846954 A 224B31 3158 N REPUBLIC BLUD STE 2 !� ORB /P[ 81 /[ a] SALE DATE [ 01188881 AMT [ 81 126,2 "--� * ** * * * ** —1997 TAX ROLL- ******** X ACRES [ .26) TOLEDO OH 43615 1514 AREA CW TRS— >[491[261[311 294881 294881 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT TWO [ 881 LND $[ 294881 [ 294881 —2 BLK A LOT 22 L —USE IMP S[ 8l [ 8] —3 MKT $[ 294881 [ 294881 I —4 ASD +AGADJ S[ $ [ 11/18/1997 02:28 PM CURRENT —EX —ANT TAXABLE S[ 24 9881 [ 294881 [ 294881 294881 HHSTD —X S [ 81 HILL —CODE 188 % —X $ [ 81 [ 1201 CNTY $[ 189.881 HSTU $[ 42.481 CIU —X 'i $ [ 8l S —SL $[ 172.831 WHO $[ 16.571 UET —X $ [ 81 HILL —RATE S —LB S[ 76.371 ISO $1 49.681 OLD—X $ [ 01 115.88601 CITY $[ .881 UADP $[ 1.581 WID —X $ [ 01 —1997- AG —X $ [ 81 (1997 TAXES) TOTAL $[ 468.431 WH —X $ [ 81 — CERTIFIED— LOCATION [NA TETON CT 8241 RES477 11/18/1997 02:28 PM FC[M2l OC[TRI I01247688889841[6128872888811 9 Fm UT UL BE FOLIO 1247688889841 OWNER> WHEATLEY, TOMOTHY M K =& LYNDA STRAP 846954 B 441331 KREUZSTRASSE 41 ORB /P[ 22961/122251 SALE DATE [281[83971 $ AHT [ 418881 66851 HAUTSTUHL I d- (", 2 rq ,% * * * * * *** -1997 TAX ROLL- ******** W ACRES [ .16] GERMANY CURRENT -EX -AMT AREA CW TRS- >[491[261[311 229911 [ CERT -96 -UAL CERT -97 -UAL LEGAL -1 BRIARWO0O UNIT TWO [ 881 LND S[ 229911 [ 229911 -2 BLK B LOT 4 L -USE IMP $[ 81 [ 81 -3 MKT $[ 229911 1 229911 ! -4 4 ASD +AGROJ $t 229911 [ 229911 11/18/1997 02:32 PM CURRENT -EX -AMT TAXABLE $[ 229911 [ 229911 j HMSTO -X $ t 81 MILL -CODE 188x -X $ [ 81 t 1281 CNTY $[ 85.681 MSTU $t 33.861 CIU -X $ [ 81 S -SL $[ 134.131 WHO $[ 12.921 UET -X $ [ 81 MILL -RATE S -LB $[ 59.551 ISO $[ 38.681 BLD -X $ [ 81 115.88681 CITY $[ .881 UADP $[ 1.231 WIO -X $ [ Al -1997- AG -X $ [ 81 (1997 TAXES) TOTAL $[ 365.251 WH -X $ [ 81 -CERTIFIED- LOCATION [NA BRIARWOOD BLVD 8891 RES477 11/18/1997 02:32 PM 12C,� gif X FC[:2] OC[NR1 1012476800092011612B87288881[9 Fm UT UL FOLIO [247688889281 OWNER> KUTHE STRAP 846954 B 54B31 ANNELIESSEAKUTHERER ORB /P[ 21481/1 2251 DRESDENERSTR 58 SALE DATE [121[82961 $ AHT [ 81 67663 KAISERSLAUTERN ACRES [ .161 GERMANY * * * ** * ** -1997 TAX ROLL - * * * *X *** ' TRS- >[491[2611311 AREA CW LEGAL -1 BRIARW00D UNIT TWO CERT- 96 -URL CERT --97 -UAL -2 BLK B LOT 5 1 811 LND $[ 229911 [ 229911 -3 L -USE IMP $[ 81 [ 1824151 -4 MKT $[ 229911 [ 1254861 CURRENT -EX -AMT ASD +AGAOJ $[ 229911 [ 1254861 HMSTD -X $ [ 81 MILL -CODE TAXABLE S[ 229911 [ 1254861 188% -X CIU -X $ [ $ [ 81 81 [ 1281 CNTY $[ 467.331 MSTU $[ 18 0.311 UET -X $ [ 81 MILL -RATE S -LB $[ 78.481 BLD -X $ [ 81 115.88681 CITY $[ 324.881 ISO $f 218.951 WID -X $ [ 8] -1997- .881 UADP $[ 6.711 AG -X $ [ 81 WH -X $ [ 81 (1997 TAXES) TOTAL $[ 1992,281 } -CERTIFIED- LOCATION [NA BRIARW00D BLUD 9111 RES477 11/18/1997 02:32 PM 1202 x ii Rpl Pg Fm UT UL 8 FC[;21 OC[NRl ID[ 247688889461[612887288881[ jJ FOLIO 1247688889461 OWNER> GRAICHEN, HANS PETER =& GEROA i STRAP 846954 B 64B31 JENAERSTR 21 ORB /P[ 21751/121951 ii SALE DATE [ 291 [ 84961 S AMT [ 368881 INGELHEIM -RHEIN ACRES [ .211 GERMANY -1997 TAX ROLL - 11/18/1997 02:32 PM TRS- >[491[261t311 AREA CW I LEGAL -1 BRIARWOOD UNIT TWO CERT -96 [ 81l LND S[ -UAL CERT -97 -UAL j -2 BLK B LOT 6 L -USE IMP S[ 284581 8l 1 284581 [ -3 1824151 -4 MKT $[ 284581 1 1388731 CURRENT -EX -AMT ASD +AGADJ $[ 284581 [ 1388731 HMSTD -X S [ 81 MILL -CODE TAXABLE $[ 284581 [ 1388731 188% -X CIU -X $ [ $ [ 81 [ 1281 CNTY S[ 487.781 MSTU $[ 188.181 UET -X $ [ 81 81 MILL -RATE S -SL $[ 763.511 S -LB $[ 338.961 WMB S[ ISO S[ 73.551 BLD -X WID -X $ [ 81 [15.88681 CITY $[ .881 URDP $[ 228.141 7.881 $ [ 81 -1997- ; AG -X WH -X $ [ $ [ 81 8l (1997 TAXES) TOTAL $[ 2879.841 .,, -CERTIFIED- LOCATION [NA BRIARWOOD BLUD 9331 RES477 11/18/1997 02:32 PM 2 �% j FC[M21 OCINRI ID[24768888962116128872888811 FOLIO 1247688889621 OWNE V WOLFORD, ROBERT T =& CHARLOTTE STRAP 846954 B 74B31 955 BRIARWO00 BLUD ORB /P[ 22481/1 4851 -1997 TAX ROLL - SALE DATE [171[18961 * * * * * * * * $ AMT [ [ 1942881 ACRES [ [ .21] N NAPLES F FL 3 34184 8 8881 TRS- >14911261[311 C CERT -96 - -UAL i; LEGAL -1 B BRIARWOOD UNIT T TWO t t 811 LND S S[ 2 274891 -2 B BLK B LOT 7 L L -USE IMP S S[ 8 81 !E -3 M MKT $ $[ 2 274891 -4 A ASD+AGADJ $ $[ 2 274891 CURRENT -EX -AMT T TAXABLE $ $[ 2 274891 HMSTD -X $ $ [ 258881 M MILL -CODE 188X -X $ $ [ 81 [ [ 1281 C CNTY $[ 4 475.161 M MSTU $[ CIU -X $ $ [ 81 S S -SL S[ 7 743.891 W WMB S( UET -X S S [ 81 M MILL -RATE S S -LB $( 3 338.251 I ISO S( BLD -X S S [ 81 I I15 88681 C CITY S AREA CW CERT -97 -UAL [ 274891 [ 1258281 [ 1525891 [ 1525891 I 1275891 183.341 71.661 214.481 [ .881 UADP S[ 6.821 WIO -X $ t 81 -1997- AG -X $ I 81 (1997 TAXES) TOTAL $( 2825.681 WH -X $ [ 81 - CERTIFIED- LOCATION INA BRIARWOOD BLUD 9551 RES477 i 11/18/1997 02:32 PM Rpl Pg Fm UT UL 8 FCI,21 OC[NR1 ID[247688889881[612887288881[ FOLIO [247688889881 OWNER> GILLIES, ROBERTS =& EUPHEHIA J STRAP 846954 B 84B31 967 BRIARWOOD BLVD i ORB /P[ 22841/1 3431 SALE DATE [ 91187961 S AMT [ 2839881 i 12C2w9i L -1997 TAX ROLL - ACRES [ ,211 NAPLES FL 34184 8881 TRS- >1491126][311 CERT -96 -UAL LEGAL -1 BRIARWOOD UNIT TWO [ 811 LND $[ 274891 -2 BLK B LOT 8 L -USE IMP $[ 8] -3 MKT $I 274891 -4 ASO +AGADJ $[ 274891 CURRENT -EX -ANT TAXABLE $[ 274891 HMSTD -X $ [ 81 NILL -CODE 81 [ 1281 CNTY S[ 595.311 MSTU $[ CIU -X $ [ 81 S -SL S[ 931.981 WHO $[ UET -X $ [ Sl HILL -RATE S -LB S[ 413.751 ISO $[ BLD -X $ I 81 115.88681 CITY $[ ,881 UADP $I WID -X $ I 81 -1997 - AG-X $ [ 81 (1997 TAXES) TOTAL $[ WH -X $ [ 81 - CERTIFIED- 11/18/1997 02:33 PM AREA CW CERT -97 -UAL [ 274891 [ 1322611 [ 1597581 I 1597581 [ 1597581 229.711 89,781 268.721 8,551 2537.881 LOCATION [NA BRIARWOOD BLUD 9671 RES477 Id(a2W" -i FC[s2] OCINRI I0124768881888116128872888811 ] FOLIO 1247688818881 OWNER> UASSEUR, THOMAS A =& PATRICIA M STRAP 846954 B 94831 977 BRIARWOOD BLUD ORB /P[ 21261/1 1351 —1997 TAX ROLL — SALE DATE 1 7111295 * * * * * * * * S AMT I 1687881 CURRENT —EX —AMT TAXABLE ACRES [ .211 NAPLES FL 34184 8881 AREA CW TRS— >1491I26][311 258881 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT TWO BLK B I 811 LND $1 274891 [ 274891 —2 LOT 9 L —USE IMP $[ 942191 I 1136891 —3 MKT $1 1217881 1 1411781 —4 ASD +AGADJ $I 121 ?881 I 1411781 11/18/1997 02 33 PM CURRENT —EX —AMT TAXABLE $1 967881 [ 1161 ?81 j HMSTD —X $ [ 258881 MILL —CODE 1881 —X $ I 81 [ 1281 CNTY S[ 432.941 MSTU $[ 167.861 CIU —X $ [ 81 S —SL $[ 67 ?.781 WMB $I 65.291 UET —X $ [ 81 HILL —RATE S —LB $[ 388.981 ISO S[ 195.431 BLD —X $ [ 81 [15.88681 CITY $[ .881 UADP S[ 6.221 i WID —X $ [ 81 —1997 - AG —X $ [ 81 (199? TAXES) TOTAL $[ 1845.621 WH —X $ I 81 —CERTIFIED — i LOCATION [NA BRIARWOOD BLUU 9771 RES477 11/18/1997 02 33 PM 1.2C2•s� FC[s21 OC[NR1 ID[24768881826116128872888811 1 r FOLIO 1247688818261 OWNER> DINA, VICTOR STRAP 846954 B 184B31 999 BRIARWOOD BLUD ORB /P[ 21811/122451 —1997 TAX ROLL— SALE DATE [131[85961 i $ AHT [ 1515881 ACRES [ .211 NAPLES FL 34184 8881 AREA CW ' TRS— >[491[261[311 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARW00D UNIT TWO BLK B [ 811 LND $[ 274891 [ 274891 —2 LOT 18 L —USE IMP $[ 81 [ 1119841 —3 MKT $1 274891 1 1394731 —4 ASD +AGADJ $[ 274891 [ 1394731 CURRENT —EX —AMT TAXABLE $1 274891 [ 1144731 HHSTD —X $ [ 258881 HILL —CODE 188 % —X S 1 81 [ 1281 CNTY $[ 426.581 MSTU $[ 164,681 I CIU —X $ [ 81 S —SL S[ 667,841 WHB $[ 64.331 UET —X $ [ 81 HILL —RATE S —LB S[ 296.491 ISO $[ 192.561 BLD —X $ [ 81 115.88681 CITY $[ .881 UADP $[ 6,121 i WID —X $ [ 8l —1997- 1 AG —X $ [ 8l (1997 TAXES) TOTAL $1 1018.521 WN —X $ [ 81 —CERTIFIED— LOCATION [NA BRIARWOOD BLVD 9991 RES477 11/18/1997 02:33 PM =Main Ffame Rpl Pg Fm UT UL FCIs21 OCITRI I0124768082122116120 7288881[ FOLIO 1247688821221 OWNER> BRIARW000 OEU CORP STRAP 846957 A 14831 PO BOX 8725 ORB /P[ 23811/135151 SALE DATE [ 41184971 $ AMT [ 81 12Gz . * * * ** * ** —1997 TAX ROLL- ******** X ACRES I .281 NAPLES FL 34181 8725 AREA CW TRS— >[49][261I311 368721 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARWOOD UNIT THREE [ 881 LND 51 98551 [ 368721 —2 BLK A LOT 1 L —USE IMP $[ 81 [ 81 —3 MKT $[ 98551 [ 368721 i —4 ASD+AGAOJ 51 98551 I 368721 !I HMSTD —X 188 % —X C I U —X !� UET —X BLO —X WID —X AG —X WH —X CURRENT —EX —AMT TAXABLE $[ 98551 I 368721 $ [ 81 HILL —CODE $ [ 81 1 1281 CNTY $[ 137.411 HSTU $[ 53.821 $ [ 8l S —SL $[ 215.111 WHB $[ 28.721 $ [ 81 HILL —RATE S —LB $[ 95.581 ISO $[ 62.821 $ [ 81 [15,88681 CITY $[ 1881 UADP $[ 1.971 $ [ 8l —1997- $ [ 81 (1997 TAXES) TOTAL $I 585.751 $ [ 81 —CERTIFIED — LOCATION INA UINTAGE LN 15581 RES477 11/18/1997 02:40 PM I 2ca30% X Rpl Po Fm UT UL FC[s21 OC[NRI I012476888214811612887288881[ ,I FOLIO 1247688821481 OWNER> KOTSONIS, GEORGE j STRAP 846957 A 24B31 188 MANHATTAN AUE APT 714 ORB /P[ 21391/[ 2881 —1997 TAX ROLL— SALE DATE [171[81961 AMT [ 449881 ACRES [ ,191 UNION CITY NJ 87887 5228 AREA CW TRS— >[491[26][311 CERT -96 —UAL CERT -97 —UAL LEGAL -1 BRIARW00D UNIT THREE [ 811 LND S[ 98551 [ 355861 —2 BLK A LOT 2 L —USE IMP S[ 8l [ 1189921 —3 MKT S1 98551 [ 1464981 —4 ASD +AGADJ $[ 98551 [ 1464981 's CURRENT —EX —AMT TAXABLE S[ 98551 [ 1464981 HMSTD —X $ [ 81 MILL —CODE 188% —X S [ 81 [ 1281 CNTY $[ 545.921 MSTU S[ 218.651 CIU —X $ [ 8l S —SL 51 854.671 WMB S[ 82.341 UET —X $ [ 81 HILL —RATE S —LB S[ 379.431 ISO S[ 246.431 BLD —X $ [ 81 115,88681 CITY 8[ ,881 UADP 5[ 7.841 WID —X $ [ 8l —1997 - AG —X $ [ 8] (1997 TAXES) TOTAL $[ 2327.281 WH —X S [ 81 —CERTIFIED— LOCATION [NA UINTAGE LN 15461 RES477 11/18/1997 02:40 PM Rpl Pg Fm UT UL j FC[s21 OC[NR1 I0124768882164][6128872888811 FOLIO 1247688821641 OWNER> STRANG, WOLFGAN =& SYLUIR STRAP 846957 A 34831 GEMARKSTR 98 ORB /P[ 22291/1 1511 SALE DATE [161[89961 $ AMT [ 2288881 5189 KOELN 1 2G2 a% —1997 TAX ROLL — I! ACRES [ .191 GERMANY CURRENT —EX —AMT AREA CW TRS— >[491[261[311 $[ CERT- 96 —URL CERT -97 —UAL LEGAL -1 BRIRRW000 UNIT THREE [ 811 LNO $[ 98551 [ 355861 —2 BLK A LOT 3 L —USE IMP $[ 8] [ 1289881 —3 MKT $[ 98551 1 1564941 —4 ASO+AGAOJ $[ 98551 [ 1564941 LOCATION [NA UINTAGE LN 15421 RES477 11/18/1997 02:40 PM CURRENT —EX —AMT TAXABLE $[ 98551 [ 1564941 HMSTD —X $ [ 81 MILL —CODE 188% —X $ [ 81 [ 1281 CNTY $[ 583.171 MSTU S[ 225.831 CIU —X $ [ 81 S —SL $[ 912.991 WMB S[ 87.951 UET —X $ [ 81 MILL —RATE S —LB $[ 485.321 ISO S[ 263.241 BLO —X $ [ 81 [15.88681 CITY S[ .881 UAOP S[ 8.371 WID —X $ [ 8] —1997 - AG—X $ [ 8l (1997 TAXES) TOTAL $[ 2486.871 WH —X $ [ 81 — CERTIFIED— LOCATION [NA UINTAGE LN 15421 RES477 11/18/1997 02:40 PM Rpl Pg Fm UT UL i IFCIM21 OC[NR1 I012476000218811612887288881[ FOLIO 1247688821881 OWNER> COLONIA TWO INC STRAP 846957 A 44031 2228 SNOOK OR ORB /P[ 23811/[ 7921 SALE DATE [ 31184971 $ AMT [ 2125881 12CZ� * * * *** ** -1997 TAX ROLL- ******** [ .281 NAPLES FL 34182 1578 AREA CW I�ACRES TRS- >14911261[311 j HMSTO -X CERT- 96 -URL CERT-97 -UAL LEGAL -1 BRIARWOOO UNIT THREE [ 811 LND $[ 98551 [ 369811 -2 BLK R LOT 4 L -USE IMP S[ Bl [ 1128981 -3 MKT S[ 98551 [ 1498791 -4 ASD +AGADJ $[ 98551 [ 1498791 S [ 81 115,88681 CITY S[ ,881 UAOP $[ 8.821 WID -X $ [ 81 -1997 - AG -X $ [ 81 (1997 TAXES) TOTAL $[ 2388,991 WH -X $ [ 81 - CERTIFIED- LOCATION [NA UINTAGE LN 15381 RES477 11/18/1997 02:40 PM CURRENT -EX -AMT TAXABLE Of 98551 [ 1498791 j HMSTO -X $ [ 81 MILL -CODE 188x -X $ [ 81 [ 1281 CNTY $[ 558.521 MSTU $[ 215.521 CIU -X $ [ 81 S -SL $[ 874.391 WMB S[ 84.241 UET -X $ [ 81 MILL -RATE S -LB S[ 388,191 ISO $[ 252,111 BLD -X S [ 81 115,88681 CITY S[ ,881 UAOP $[ 8.821 WID -X $ [ 81 -1997 - AG -X $ [ 81 (1997 TAXES) TOTAL $[ 2388,991 WH -X $ [ 81 - CERTIFIED- LOCATION [NA UINTAGE LN 15381 RES477 11/18/1997 02:40 PM Rpl Pg Fm UT UL FC[M21 OC[TR1 I0124768002401116128072000011 FOLIO [247688824811 OWNER> KIRCHNER, HAROLD =& SALLY STRAP 646957 B 14031 1541 UINTAGE LANE ORB /P[ 21841/[ 9621 SALE DATE [161[85961 $ AMT [ 349681 12G2mA * * * ** * ** -1997 TAX ROLL- * * * * * * * * X ACRES [ .251 NAPLES FL 34184 8888 AREA CW TRS- >[491[261[311 $ [ CERT -96 -UAL CERT--97 -UAL LEGAL -1 BRIARWOOD UNIT THREE [ 611 LND $1 90551 [ 317751 _3 BLK B LOT 1 L -USE IMP S[ 81 [ 6) 'i -4 MKT ASD+AGAOJ $[ 98551 [ 317751 1HMSTO -X 168X -X CIU -X UET -X BLD -X WIO -X AG -X II WH-X CURRENT -EX -ANT $[ TAXABLE $[ 98551 [ 98551 [ 317751 317751 $ [ 258861 MILL -CODE $ [ 81 [ 1281 CNTY $[ 118.411 MSTU $[ 45.691 $ [ 8l S -SL $[ 185.381 WMB $[ 17.851 $ [ 81 MILL -RATE S -LB $[ 82.381 ISO $[ 53.451 $ [ 61 115.88681 CITY $[ .881 UADP $[ 1.78] $ [ 8l -1997- $ [ 6l (1997 TAXES) TOTAL $[ 584.781 $ [ 8l - CERTIFIED- LOCATION [NA UINTAGE LN 15411 RES477 11/18/1997 02:44 PM Rpl Pq FM UT UL 8 FC[s21 OC[TRI IDf24768882584116128872888811 jFOLIO 1247688825841 OWNER> UON GURETZKY— CORNITZ, JACK R STRAP 846957 B 24B31 2228 SNOOK OR ORB /P[ 22961/121191 SALE DATE [281[83971 $ RMT [ 398881 ACRES [ J � c0 z # s i * * * * * * ** —1997 TAX ROLL- * * * * * * * * 11/18/1997 02:45 PM ,331 NAPLES FL 34182 1578 AREA CW TRS— >[491[261[311 CERT -96 —UAL CERT- 97 —URL LEGAL -1 BRIARWOOD UNIT THREE [ 811 LND $[ 98551 [ 342231 —2 BLK B LOT 2 L —USE IMP S[ 81 [ 8l —3 HKT S[ 98551 [ 342231 —4 ASD +AGAOJ Sf 98551 [ 342231 CURRENT —EX —AMT TAXABLE $[ 98551 [ 342231 HMSTD —X S [ 81 HILL —CODE i 188% —X $ [ 81 [ 1281 CNTY $f 127,541 MSTU S[ 49,211 CIU —X $ [ 8l S —SL $f 199.661 WMB $[ 19.231 UET —X $ [ 81 HILL —RATE S —LB $[ 88.641 ISD $[ 57,561 r BLD —X $ f 81 115.88681 CITY S[ .881 URDP $[ 1.831 WID —X $ [ 81 —1997 - AG —X $ [ 81 (1997 TAXES) TOTAL $[ 543.671 WH —X S [ 81 —CERTIFIED — LOCATION [NA UINTAGE LN 15371 RES477 11/18/1997 02:45 PM •Retn: . 2313080 OR; 2414 PG; 2535 RIC FII 21.00 CLIRI TO THI BOARD RICORDID In the OFFICIAL RICORDS of COLLIER COUNTY, FL COPIES 5.00 INTIROFFICI 4TH FLOOR 04/30/98 at 02:48FH DWIGHT I. BROCI, CLIRI IIT 7240 RESOLUTION NO. 98- 113 1 2C 21 RESOLUTION FOR PETITION AV97 -029 TO VACATE: A PORTION OF A 7.5 FOOT WIDE DRAINAGL' EASEMENT IN LOT' I. BLOCK C. AND TO VACATE A PORTION Of- A 7.5 FOOT WIDE DRAINAGE: I:ASENIEiNE' IN LOT 9. BLOCK C. ACCORDING TO THE PLAT OF - BRIARWOOD IINIT •I WO'% AS RECORDED IN PLAT 1300K 22. PAGES 92 TI IR00011 94. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. WI IEREAS. pursuant to section 177.101. Florida Statutes. Gary Butler. I'.E.. of Butler Engineering. Inc., as agent for the petitioner, Republic Development Corporation of Ohio. Inc.. does hereby request the vacation ol'the above described easements; and WHEREAS. the Board has this day held a public hearing to consider vacating said casements as more fully described below, and notice of said public hearing to vacate was given as required by law; and WI fEREAS, the granting of the vacation will not adversely affect the ownership or right of'convcnient access of other property owners. NOW, T'IIEREFORE, BE IT RESOLVED BY TIfE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein 131: IT I -'URTlIER RESOLVED. that the Clerk is hereby directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notation of'these vacations on the recorded plat as referenced above. This resolution adopted after motion, second and majority vote favoring same. DATED: A I"I I:S f: DWIGIIT E. BROC K. Clerk Approved as to form and legal sufficiency: I Icidi F. Ashton Assistant County Attorney �jf;r�` L, r {3 {rTiTnS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I3y: 413A - 1 ARA B. BE RY. C i Antonio Trigo, PLS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples. Florida 33942 LEGAL DESCRIPTION lac 2+ (941) 594.8448 FAX (941) 594.0554 A portion of the easterly 7.5 foot drainage easement of Lot 1, Block C, Briarwood Unit Two, as recorded in Plat Book 22, Pages 92 through 94 of the Public Records of Collier County, Florida and being more particularly described as follows; Commencing at the southeasterly corner of Lot 1, Block C, Briarwood Unit Two; thence westerly along the southerly line of said Lot 1 and the northerly right -of -way of Briarwood Boulevard, S 88 026'20" W a distance of 7.50 feet; thence N 01 033'40" W a distance of 20.00 feet to the POINT OF BEGINNING; thence continue N 01 °33'40" W a distance of 100.33 feet; thence run N 88 °26'20" E a distance of 2.50 feet; thence run S 01 033'40" E a distance of 100.33 feet; thence run S 88 026'20" N a distance of 2.50 feet to the POINT OF BEGINNING. Containing 250.82 square feet O Prepared by cU .sue re:,l .L.S. rti is to No. 2982 v 1 S'S w rn See sh eet 2 of 2 for sketch of Description 3 SKETCH OF DESCRIPTION Lot 2 NOT A SURVEY IPe drus = 5000.00' 7.50' N.88'26'20'E. 2.50' v ti Lot 1 0 W W ��EET 2 ax 4 Z\/'?'7-o,-c7 12C zt 7.50' Drainage Easement Lot 1 Briarwood Unit Three O.C. S.88'26'20'V. Southeast corner 7.50' of Lot 1, Briarwood Unit Two, PB 22, BRIARWOOD BOULEVARD Pages 92 -94 O N .J� 1—+ "d w v GENERAL NOTES: 1 All distances are in feet and decimals thereof. 2 Bearings are hosed on the East line of Lot 1, Briorwood Unit Two, Plat Book 22, Pages 92 through 94, Collier County, Florida. Being S.01'33'4(TE. A. TRIGO & ASSOCIATES, INC. PROFl MNAL LAND SUR MIM k p�gRg DATE Jan 28, 1998 2223 TRADE CENTER WAY DRAWN BY: AT SCALE: N.T.S. NAPLES. FLORIDA 33942 SHEET 2 OF 2 FILE NO. 97.06 ?3.01 LAND SURVEYM BU MMS / 3964 Antonio Trigo, PLS President A. TRIGO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 LEGAL DESCRIPTION A portion of the easterly 7.5 Lot 9, Block C, Briarwood Unit 22, Pages 92 through 94 of the County, Florida and being more follows: I 2C 2 (941) 594.8448 FAX (94 1.) 594.0554 foot drainage easement of Two, as recorded in Plat Book Public Records of Collier particularly described as Commencing at the northeasterly corner of Lot 9, Block C, Briarwood Unit Two; thence westerly along the northerly line of said Lot 9 and the southerly right -of -way of Mt. Hood Court a distance 8.48 feet along the arc of curve concave to the south, through a central angle of 02 046'36 ", having a radius of 175.00 feet and being subtended by a chord which bears S 87 009'53" W 8.48 feet; thence S 30 039'01" E a distance of 38.83 feet to the POINT OF BEGINNING; thence run N 59 020'59" E a distance of 2.50 feet; thence run S 30 039'01" E a distance of 94.00 feet; thence run S 59 020'59" W a distance of 2.50 feet; thence run N 30 039'01" W a distance of 94.00 feet to the POINT OF BEGINNING. Containing 235.0 square feet Prepared by 7� A�� ic}4 P \L.S. F1 rich Cer Yf cate No. 2982 Date L See sheet 2 of 2 for sketch of Description c a N .sue N w SKETCH OF DESCRIPTION Noon oo�R� M� 2 Lot 8 W.fl 0 Curve number 1 Radius= 175.00 Delta= 02'4636' Arc= 8.48 Tangent= 4.24 Chord= 8.48 Chord Brg. S.87'09'53'V. P.O.Q. Northerly Corner of Lot 9 / Briarwood Unit Two N.59.20'59'E, --� 2.50' P.O. B. f�\�s GENERAL NOTES: 1 AJI distances ore in feet and decimals thereof. 2 Bearings are based on the Northeosteriy line of Lot 9, Briorwood Unit Two, Plat Book 22, Pages 92 through 94, Collier County. FWdo. Being N.30'39'01'W. \ Lot 10 v1 Wo � W 3 � C'1 s S.5912 : *CIO 5 '1 • e ti Oto�e�e�ti • 9�. X05 4/ 66, I �c 2 I 0 N rte. F� N W dog NOT A SURVEY A. TRIGO & ASSOCIATES, INC. DATE : Jan. 28, 1998 PROYESMONAL LAND 9UIMMRS & PLANNIR4 2223 TRADE CENTER WAY DRAWN BY: AT SCALE: N.T.S. NAPLES, FLORIDA 33942 SHEET 2 OF FILE NO. 97.0623.01 LAND SURMING BUBINIS98 ; 9964 Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News ----------------------------------------------- ---•-- ---- --- ---- ---- -- -- -- ---- BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB NOTICE OF PUBLIC HEARING PO BOX 413016 Notice Is here b given that the Board County NAPLES FL 34101 -3016 gr Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 2E, 199E In the Boardroom, Floor, 3rd Ad. ministration Building, Col- REFERENCE: 001230 800551 lier County Government met Tra13301 East Tornio. 57674731 NOTICE OF PUBLIC HEA The meefir wll'bepin of 9:00 A.M. State of Florida The Board will consider County of Collier Petition CU -97.27 Wit. from L. Hoover, AICP, of Before the undersigned authority, personally Hoover Planning Shop - appeared e. Lamb, who on oath says that she serves Pe and Beau Keene, P ., rearesennng Gatd- as the Assistant Corporate Secretary of the Naples en Gate Asserr>DIv of Daily News, a daily newspaper published at Naples, God Church, requesting Conditional Use °t" of in Collier County, Florida: that the attached the "E" Estates zoning copy of advertising was published in said dish id for reconflgurinq the property twundorles newspaper on dates listed. of an existing church Affiant further says that the said Naples Daily arW for oddMon of bulid• Iran and parking for News is a newspaper published at Naples, in said Prop" located on the normeosf Collier County, Florida, and that the said corner of 39th Street S.W. and 29th newspaper has heretofore been continuously Avenue S. W. ' in Section 26, Townshlp 49 South, published in said Collier County, Florida, each Range 26 East, consis. day and has been entered as second class mail tin0pof5.07acres. matter at the post office in Naples, in said AnY Person who de. cedes to appeal a deci• Collier Count for period of 1 year Yr Florida, . P Y sion of the Board wilt next preceding the first publication of the need o record of the proceedings pertaining attached copy of advertisement; and affiant thereto, and therefore maY need to ensure ih a further says that she has neither paid nor a verbatim record of the promised an person, firm or c ration an P Y P . Y Proceedings Is mode, which record includes discount, rebate, commission or refund for the the lestlmonv and evl.,, purpose of securing this advertisement for dente uPW which the appeal Is to be bosed. publication in the said newspaper. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, PUBLISHED ON: 0412 RA BARB B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/ Judv Akel, Deputy Clerk April 12 No. 1176180 AD SPACE: 62.000 INCH FILED ON: 04/13/98 Signature of Affiant -----------------------------+--------------------------- r Sworn to and Subscribed before me this day of a; f 19`.'±' Personally known by me 44 . t'/1. l 3A i A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following; as a: XXX Normal legal Advertisement (Display Adv•, location, etc.) ❑ Othcr: 13 A 1 w% *******AA k*A** A*** RA* AR*** R* *A *A*AA **AA *R *k *k *k * * * * ***AAR *A kk kk A A*A *R *k*RA R * *k * *k *R *AAA **RA A *A * *Ak AA *kA *A* Originating Dept/ Div: Comm.Dcv.Scrv./Planning Person: Date: j • / / • i Petition No. (If none, give brief description):�7.27 Petitioner: (Name & Address): Pastor Jeff Fowler Golden Gate Assembly of God_Church. 3Rm) ��r,, n,• c,,, 3.3117 Nan-1c & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) William L. Hoover. AiCP l,Homer Planning Shoppc Crrstcllo Drive k2?t7� Ics FL 34103 and ,%I flc ;r�r F ;care. P fit lt) Asni;r Drive Naples FL 3•i 10.3 Hearing bcforc BCC XXX 13ZA Other Requested Hearing date: ZRj Based on advertisement appearing 15 d;rys bcforc hearing. Ncwspaper(s) to be used: (Complete only if important): XXX Naples Daily Ncus Other Proposed Te..xt: (Include Icgal description & common location �� Site Planning ine Sho c and Bcau Kc:nc, P.E. represcminc Golr!rn r,,, . ,. East. consisting of S 07– �r�s ❑ Leg ;illy Required Petllion No CU -97 -27 Willi:un L lla,�cr AfCp Hoo�cr mbl�' of God Church. rc ucstine Condirion�l (;s, of rlrc an cxistin9 church and for addition of buildin-•s and akin Avenue S. W. in Section 26 Toni 4,� t P'— p oath Rank N, Companion petition(s), if am' & proposed hearing date: -- Does Petition I-cc include advertising cost) LJ Yes 1 13- 133323 -6491 10 ❑ No If Yes. ulurt account should be charged for advertising costs. Reviewed hy: P.0 0 C)D ` Approved by Division FfcacJ Datc County Mana1,jcr Date Attacltmcnts: DISTRIBUTION' IN•STIM-c-rIONS A. For hcarin;;s before BCC or BZA: Initiating suDmittirr•� person to complete one coy and obtain Division fiend approv:d before to County 1lanaticr. Note: If le";' document is involved, be sure that any necessary legal for same, is submitted to County Attorney bcforc submittin" to County Atanagcr. The ,U ;rnagcr's office n ilhdotribrrtcst colrics: ❑ County Mana. -cr agen(Ij file: to Clerk's Office ❑ Requestin;, Division ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a cope for file. R *R *RA* MBAR #kk AA*RkARRA *A *RRAR *AfeRARAAR *A *BRA *kRAA * #Rk AA RRRRAA * ** AAA * **ARAAk# *MBA RA RARA RARRR AR RAR RAR #ARARRR FOR CLERK'S OFFICE USE ONLY: Date Received: Datc of Public hearng: i i 9 Date Adscrtiscd: lifill fill III IfIf11111111111If III fill 11I IlIlIll Jill III III.tiilll TO: KAMM CQTB X63 -48" ■ i c o - 97--27 �llilliiillli[illltllli1111tII `~' IIIIlI1 tI1IlIIIItIIIIIIItIIItttltt PROM: JUDY AKEL MINUTES 6 RECORDS LOCATION: Collier County Courthouse PAX NO: (813) 774 -8408 PHONE ' NO: ( 813 ) 774-8406 713 03 -16 12:04 1 00° 02' 19 1 q*:)a7 lOCA Date aunt: OK 1 3 TOTAL IIPGS 38 Time sant; 13 .4 1 six March 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU -97 -27 Dear Judi: Please advertise the above referenced notice one time on Su April 12, 1998, and kindly send the Affidavit of Publication in duplicate, together with charges involved to this office Sunday, Thank you. Sincerely, ��c�Z�— Judy Akel, Deputy Clerk Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, Will hold a public hearing on TUESDAY, APRIL 28, 1998, in the Boardroom, 3rd Floor, Administration Building, Government Center, 3301 East Tamiami Trail, Naples, Florida. Theunty meeting will begin at 9:00 A.M. The Board wi.l consider Petition CU- 97 -27, William L. Hoover, AICP, of Hoover Planning Shoppe, and Beau Keene, P. Gate Assembly of God Church, requesting ConditionaleUSes"1" of thed"E Estates zoning district for reconfiguring the existing church and for addition of buildings and pparkingu for rpropertyn located on the northeast corner of 39th Street S. Ul. and 29th Avenue S. W., in Section 26, Township 49 South, Range 26 East, consisting of 5.07 acres. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Judy Akel, Deputy Clerk (SEAL) 1 :31 A I ws March 16, 1998 Pastor Jeff Fowler Golden Gate Assemply of God Church 3899 29th Avenue, SW Naples, FL 34117 Public Hearing to Consider Petition CU -97 -27 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure 13A1 w-i March 16, 1998 Mr. Beau Keene, P. E. 240 Aviation Drive Naples, FL 34104 Public Hearing to Consider Petition CU -97 -27 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure 13 A I w; March 16, 1998 William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive #220 Naples, FL 34103 Public Hearing to Consider Petition CU -97 -27 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1958, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure 1 3W A1. !X1* RESOLUTION 96- A RESOLUTION PROVIDING FOR THE RECONFIGURING OF THE PROPERTY BOUNDARIES OF AN EXISTING CHURCH AND FOR THE ADDITION OF BUILDINGS AND PARKING, :ONDITIONAL USE "l ", IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 26, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.3.3 in an "E" Estates zone for reconfiguring the property boundaries of an existing church and for addition of buildings and parking on the property hereinafter described, and has found as a matter of fact (Exhibit "A. ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. : A. ;IOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP of Hoover Planning Shoppe and Beau Keene, P.E., representing Golden Gate Assembly of God Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for reconficuring the property boundaries of an existing church and for addition of buildings and parking in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: I. The ?lanning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application„ shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91 -102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 3. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. CCLDC. 4. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -2- �A This Pesolution adopted after motion, second and majority vote. Done this day of 1998. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: MarjcUie M. St dent Assistant County Attorney f/CU -97 -27 PESCL= -Or -3- P.OAPD OF ZONING APPEAL COLLIER COUNTY, FLORIDA. BY BARBARA B. BERP,Y, Chairman FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A C- 1,01710NAL USE PETITION FOR CU -97 -27 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. sranting the conditional use will not adversely affect the public interest and frill not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency •frith. the Land Development Code and Growth Management Plan: Yes No S. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and ccntrol, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated �. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for apprcval DATE: F /CU•37-27 FIMING OF FACT CHAIRMAN/ CHAIRMAN: 7X"T -7- i. "♦ . I. Al #a % CU -97 -27 Legal Description The west 520 fat of Tract 1 SO and the west 520 fat of the south 150 feet of Tract 149 and excluding the 60 foot easement f r 39th Street Southwest right -of way Golden Gate Estates. No 28 as recorded in Plat 13ook 7. Pages 19 20 of the Public Records of Collier County. Florida EXHIBIT "B- I, 0 N 1 e_ I MOW 9MUMNION3 3N33}i .......... PHI me s� �l�t • ii�� [ ��l�i��3 das�� j ; � � c� E OMWZ S71V1S7 _ 9 -- - - - - - - - - - - - - - -- --- I .. i i ..................... «. J.. «....r. -. �.. 1 J I I O v l _ ___ ____ ____ __ __ _______ -_ __ - - -___ __ __ __ 1 y= Mo 'WWW3 .001 K• Y 3 f� I� p �I A �, � 13A .1. Item no.: File no.. Routed to: Date received: 00 NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 11, 1998 To: Marjorie Student Assistant County Attorney From: Fred Reischl, Planner II Planning Services Re: CU -97 -27 (Golden Gate Assembly of God) This document has been reviewed for typing & spelling errors. Background of request: Conditional Use request to reconfigure the property boundaries beyond the legal description of an existing Provisional Use for a church Documents attached: Proposed Resolution 3 V' c This item has not been previously submitted. Action requested: Please review as to form and legal sufficiency. Other comments: Please respond in written form to Cecilia Martin, Planning Services. Thank you. Z MIA% RESOLUTION 98- 114 A RESOLUTION PROVIDING FOR THE RECONFIGURING OF THE PPOPEPTY BOUNDARIES OF AN EXISTING CHURCH AND FOR THE ADDITION OF BUILDINGS AND PAPKING, CONDITIONAL USE "1 ", Itl THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.%.;. OF THE COLLIER COUNTY LAND DEVE- LOPXENT CODE FOR PROPERTY LOCATED IN SECTIGiI 26, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER. COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws rf Florida, and Chapter 125, Florida Statutes, has conferred on Ccllier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of partizular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and cDnstituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations mad,, and provided, and has considered the advisabilit.y of Conditional Use "I" of Section 2.2.3.3 in an "E" Estates zone for reconfiguring the property boundaries of an existing church and for addition of buildings and parking on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable mattE-rs required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP of Hoover Planning Shoppe and Beau Keene, P.E., representing Golden Gate Assembly of God Church with respect to the property hereinafter described as: Exhibit "3" which is attached hereto and incorporrar.r(d by refcr�:nc. )i_r.in be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the Estates zoning district for reconfiguring the property boundaries of an existing church and for addition of buildings and parking in accordance with the Conceptual Master Plan "C ") and subject to the following conditions: The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91 -102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifa =t is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contac=ed. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. CCLDC. An exotic vegetation removal, monitoring, and maintenance (exoti(: free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current. Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -2- 5k 1 •� This Resolution adopted after motion, second and majority vote. Done this ' day of 1998. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Formm and Legal Sufficiency: Marj ie M. Student Assistant County Attorney f/CU -57 -27 PESOLUT:CCS r , -3- BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: 4RRA4�4 BER , C �. A 1 ■ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -97 -27 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes t"�No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes c/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes --' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (•- be recommended approval DATE: CHAIRMAN: Gu-G F/CU -97 -27 FINDING OF FACT CHAIRMAN/ 1 3�1'!If CU -97 -27 Legal Description .17 ; The west 520 feet of Tract 150 and the wcs 520 feet of the south 150 feet of Tract 149 and excluding the 60 foot easement for 39th Street Southwest n igh t-of way Golden Gate Estates, Unit No. 28, as recorded in Plat Book 7 Pages 19 20 of the Public Records of Collier County, Florida. EXHIBIT "B" ' � I a F 2 . jj p h�� ti 5 ti•� J z u ° N N �- Z+r N u W , > I� JNUUNION3 3N33N j Y i rr. 1 �t �R: � � � T� :_ i a 3 1 2 s •.1 tj t M, ii i! xrif iAjf jlji 3i � � j ; i� �, c� E I� �� gf� j a � _ �� I ,.' /'ter O J 11 -------------- ^------------- ��- - - - - -- -- ( CL, - - - - -__ -_ ___ 1 , �- 5�- -T-;;m rr�r rrrm - -� I I ,� IAOM WNVj .00l IS{ M D i� I.i � . iii .� n� Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News '-----------------------------------------------+---------------- i BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB Po Box 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 800551 57674703 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve: as the Assistant Corporate Secretary of the Naplet 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 Oil: 04/12 AD SPACE: 73.000 INCH I FILED ON: 04/13/98 - -- -- - --- --- ----- --- -- --- --- -- - ------ -- - -�. Signature of Affiant Sworn to and Subscribed before me this -1. L_ day of 19�' Personally known by me -� NOTICE OF Notice BIslChereb HEARING that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998 In the Boardroom, 3rd IOOr, Ad. minlstrafion Bull ding, Col- lier County Government Center, 3301 East Tomia. mi Troll, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V•98 -4 , Rob. ert L. Dunne of Hole, Mantes 6 Associates, InC., represe Mina Naples Community Has. foot variance t from the retired 30 feet setback to 0 feet from o common Perimeter property line for Properties In a PUD toning district located on Immokalee Rd. (SR 816), In Sections 22 and 23, Township 48 South, Ronge 25 East, Collier CountY,Florldo further described as fhe west. ern perimeter property boundary of Lot 7, of the North Naapples Medical Pork Subdivlslon as re. corded In Plot Book 26, Pages 46.47 and the eastern perimeter prop. ertY boundary of Troct C, of the Collier Health Pork Subdivision as re. Corded in Plot Book 17, Pa Records ofC Collier County, Florida. Anv person who de• cldes to appeal o decl- Sion Of the Board will need o record of the proceedings Perfalning (hereto, and therefore may need fo ensure ttw{ a verbatim record of the Proceedings Is mode, which record Includes the testimony and evi. adpepnccee upon which the BOARDS OFeb COUNTY COMMISSIONERS COLLIER FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BB'r /%/ Judy Ake[, (SEAL) April 12 No. 1176211 �A�M� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XM Normal legal Advertisement (Display Adv., location, ctc.) ❑ Other: i ******************►►►****************************************************** ** * * * ** ►* * * * *** * * * ►* ► ►* * * * * * *** Originating DcpU Div: Comm. Dcy.Scrv/Planning Person: � ��c.e.�cs Date: J- 12 —9 Petition No. (If none, give brief description): V -98-4 ��✓/ Petitioner: (Name & Address): Navies Community Hospital 350 7's Street No Naples FL 34102 Name & Address of any person(s) to be notified by Clerk's OMce: (If more space is needed, attach separate sheet) Mr. Robert L. Duane, Hole. Montcs & Associates lnc '714 Tenth Street South Naples FL 34102 Hearing before BCC XXX BZA Other Requested Hcanng dart: zi, / -, ,`5 /'1) Based on advertisement appearing 15 days before hearing. Ncwspaper(s) to be used: (Complete only if important): >M Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. V -99-1 Robert L Duane of Hole Montcs & Associates. Inc. representing Naples Community Hospit•tl reouesting a 30 foot variance from the rcouired 30 foot setback to 0 feet from a common penmeter protxrty line for prooer•ttes to a PUD zoning district located on SR 8460 in Sections 22 and 23 Township 48 South, Range 25 East. Collier County. Florida Companion pctition(s), if any & proposed hearing to Does Petition Fee include advertising cost? Yes ❑ 113- 138323 - !049110 pL t 0 Rcvic��cd by: "0 Division Hcad` Date List Attachments: No If Yes, what account should be charged for advertising costs: �_j Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Bead approval before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal review, or request for same. is submitted to County Attorney before submitting to County Manager. The ,Manager's office will distribute copies: ❑ County INIanager agenda file: to ❑ Requesting Division Clerk's office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **►***************►***********►*►*****►***************************►********* * * ** ** *** * * * * * *A* * *.. - - -- FOR CLERK'S OFFICE USE ONLY: Date Received: // Date of Public hearing: `/�� Date Ads ertised: 0 4 � # OF PAGES - . , � - -- . 3A2'' (including this cover) IiiIIIIIIIII IIIIIIIIIIIIIt tlllit l [1i11II11tltIIIIIIIIIIII.II[III To: - -- zoc zox: Ran= neII.T RM Tax No* S 263 -4864 ' I I[ IIIIIIi[ tIIIIIiIIIIIIIItIiII IIItIIIIItiIIIiIIIIIllItlllI11M FROM: JUDY AKEL � HIHMS 6 RECORDS LOCATION: Collier County Courthouse 'y FAX NO: ( 813) 774 -8408 PHONE'NO: (813) 774 -8406 1 719 1 03 -161 15:46 1 00 °02'21 92634864 1 OK 1 3 TOTAL UPGS 49 Date sont: Time sent: 1.3A�r� March 16, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V -98 -4 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Judy Akel, Deputy Clerk Purchase Order No. 800551 1.; A 2 *4,w NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V -98 -4, Robert L. Duane of Hole, Montes & Associates, Inc., representing Naples Community Hospital, requesting a 30 foot variance from the required 30 foot setback to 0 feet from a common perimeter property line for properties in a PUD zoning district located on Immokalee Rd. (SR 846), in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida, further described as The western perimeter property boundary of Lot 7, of the North Naples Medical Park Subdivision as recorded in Plat Book 26, Pages 46 -47 and the eastern perimeter property boundary of Tract C, of the Collier Health Park Subdivision as recorded in Plat Book 17, Pages 50 -51, of the Public Records of Collier County, Florida. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Judy Akel, Deputy Clerk (SEAL) 13 2 March 16, 1998 Naples Community Hospital 350 7th Street No. Naples, FL 34102 Public Hearing to Consider Petition V -98 -4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure 13 A 2 14% March 16, 1998 Mr. Robert L. Duane Holes, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Public Hearing to Consider Petition V -98 -4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Judy Akel, Deputy Clerk Enclosure RESOLUTION NO. 98- RELATING TO PETITION NUMBER V -98 -4, FOR A VARIANCE ON PROPERTY HEREINAFTER :ESCRIBED ::1 COLLIER COUNTY, FLORIDA. 13 A 2 .w �< WHERE .S, -e Legislature c -_ to f the State of Florida in Chapter 125, Florida Statute:, has conferred on all counties in Florida the power to establish, cocr:inate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, tt:e County pursuant thereto has adopted a Land Development Code (Ordinance :;o. 91 -102) which establishes regulations for the zoning of particular ?eographic divisions of the County, among which is the granting of •variances; and WHEREAS, t ^e Board of Zoning Appeals, being the duly elected constituted Boar: of the area hereby affected, has held a public nearing after notice as in said regulations made and provided, and has considered the advisability of a 30 -foot variance from the required 30 foot setback to 0 feet from a common Perimeter property line as shown on the attached Plot plan, Exhibit "A ", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement rave been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorccrated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all ma - -ters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -98 -4 filed by Robert L. Duane of Hole, ;- lontes E Associates, Inc., representing laoles Co=un4ty Hospital, with respect to the property hereinafter described as: The western perimeter property boundary of Lot 7, of the North Naples Medical Park Subdivision as recorded in Plat Book 26, Pages 46 -47 and the eastern perimeter property boundary of Tract C, of the Collier Health Park Subdivision as recorded i% Plat Book 17, Pages 50 -51, of the Public Records of Collier County, Florida. c and the same hereby is approved for a 30 -foot variance from the required 30 foot setback to 0 feet from a common perimeter property line as shown on the attached plot plan, Exhibit "�: of _he PUD zoning district :Therein said property is located, subject to the following conditions: Property owner is subject to the County's platting requirements should three (3) or more 'parcels (from either parent parcel) be created. 2. :North Naples Medical Park shall record and relinquish its interest in the ten (10) foot platted landscape buffer easement along the western perimeter boundary of lot 7. BE :T RESOLVED that this Resolution relating to Petition Number V-98 -4 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this _ day of , 1998. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: YYI�c- �c9.1.c.c- •ii1 • G�t,lc�(.Z� Marjo me Pd. Student Assistant County Attorney f/':•93 -4 PESO- �Tlc ?; -2- I P.U.D. COLLIER !\TH CENTE 7U, I �I t. �i U UIW'J14 I a] S �I d,op bff ow — �.- �f• 30 foot setback -�{ I staff parking I 0 ' SQZ P.U.D. NORTH NAPLE: I� MEDICAL PARP I _\ I � service �E- -30 foot set')ack I I I Exhibit A V -98 -4 i i I I I I I I I I I I I { I I I I I I I I I I I I I I I i RESOLUTION NO. 98- 115 RELATING TO PETITION NUMBER V -98 -4, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and 1HERE,:S, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 30 -foot variance from the required 30 foot setback to 0 feet from a common perimeter property line as shown on the attached plot plan, Exhibit "A ", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -98 -4 filed by Robert L. Duane of Hole, Montes & Associates, Inc., representing Naples Community Hospital, with respect to the property hereinafter described as: The western perimeter property boundary of Lot 7, of the North Naples Medical Park Subdivision as recorded in Plat Book 26, Pages 46 -47 and the eastern perimeter property boundary of Tract C, of the Collier Health Park Subdivision as recorded ir, Plat Book 17, Pages 50 -51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 30 -foot variance from the required 30 foot setback to 0 feet from a common perimeter property line as shown on the attached plot plan, Exhibit "A ", of the PUD zoning district wherein said property is located, subject to the following conditions: 1. Property owner is subject to the County's platting requirements should three (3) or more parcels (from either parent parcel) be created. 2. North Naples Medical Park shall record and relinquish its interest in the ten (10) foot platted landscape buffer easement along the western perimeter boundary of lot 7. BE IT RESOLVED that this Resolution relating to Petition Number V -98 -4 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,i r 1998. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA J �13A A . B Approved as to Form and Legal Sufficiency: it • &V—k,4 4 k Marjo e M. Student Assistant County Attorney t/V -99 -4 P.ESOUJTiG1f • I I P-U.D. COLLIER TH CENTEO 3 -cl 7i ie--**, Fll� J 1J r� ----------------- i I n�tK� In�: I drop -le P -U.D. NORTH NAPLES MEDICAL PARK I service -,;,- , 1-r, - -�\ � I I I I j I- - --! f I I i I I 30 foot I I 5;etback�� Ec- -30 foot set-mck I I I I I TFF — o —I— I I I I I I staff parking I I I I Exhibit A I I 0 _ I v -98 -4 I I Naples Daily flews Naples, FL 33940 Affidavit of Publication Naples Daily News 13 A '! " - --- +-------- ------------ BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 800551 57674721 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily flews, 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 flews 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: 04/12 AD SPACE: FILED ON: 62.000 INCH 04/13/98 NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County rommissiorws of Collier ' County, will hold a public hearing on TUESDAY, APRIL 28, 1998 In the Bo0rdr00m, 3rd floor, Ad. ministraMOn Building, Cali. lier County Government Center, 3301 East Tornio. ml Troll, Naples, Fiorlda. The meeting will begin ot 9:00 A.M. The Board will consider Petition V•98.3, Anita L, Jenkins, of Wilson, Miller, Barton d Peek, Inc., rep. resenting HRS Partner. ship, regueSMng o 6 foot variance from the re. outred side Yard of 15 feet to 9 feet for property lo. cated of 215 North Airport Rood further described OS Pratt "B" of Airport Road Plaza, In Section 36, Township 49 South ROnpe 25 East, Collier County, F for Ido, All Interested parties are Invited to attend, to register to speak and to submtt their objections H any, In wrMinq� to the Board prior to the public hearing, Any Person who decid- es to 0PPe01 o decision of Me Board will need a re. cord of the proceedings Pertaining thereto, and therefore may need to ensure fhal a verbatim record of the proceedings IS mode whch record In. cludes The testimony and evidence upon which the OPP001 IS BOARD taOF� COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /S/ Ellie Hoffman, DepAL Clerk Apr II 12 No. 1180661 --------------------------------------------------------------"-- Signature of Affiant Sworn to and Subscribed before me this day of U H t 19.7" Personally known by me 'i 4 r:ln --w I OF PAGES_ (including this cover) [if TO: LOCATION: NAPLES DAILY NEWS FAX NO.: 263 -4864 COMMENTS: Re: �, c.,—. _�, 1EJ �J- � FROM: ELLIE HOFFMAN - MINUTES d RECORDS LOCATION: Collier County Courthouse FAX 210: ( 813) 774 -8408 PHONE "210: (813) 774 _8406 92628664 OK 9416575792 OK 92634864 1 OK i 3A O's Time sent: `��s•'q/�l, 732 03 -19 16:30 00 °01'54 733 03 -20 15:56 00 °01'29 734 03 -23 09:12 00 °01'52 EQWent: 92628664 OK 9416575792 OK 92634864 1 OK i 3A O's Time sent: `��s•'q/�l, A,�M� March 20, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V -98 -3 Dear Judi: Please advertise the above referenced notice one time on Sunday, April 12, 1998, 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. 800551 13A440 is NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center., 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V -98 -3, Anita L. Jenkins, of Wilson, Miller, Barton & Peek, Inc., representing HRS Partnership, requesting a 6 foot variance from the required side yard of 15 feet to 9 feet for property located at 215 North Airport Road, further described as Tract "B" of Airport Road Plaza, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. 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 COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) March 20, 1998 Naples HRS Partnership P. 0. Box 13452 Pensacola, FL 32591 -3452 Re: Public Hearing to Consider Petition V -98 -3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure �. )a4r March 20, 1999 Ms. Anita L. Jenkins Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane Naples, FL 34105 Re: Public Hearing to Consider Petition V -98 -3 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 1993, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 93- RELATING TO PETITION NUMBER 7 -98 -3, FOR A VARIANCE ON PROPERTY HEREINAFTER DSCRIBED :N COLLIER, COUNTY, FLORIDA. 7HEP,EAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coord:.nate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code 'Ordinance t:o. 91 -102) which establishes regulations for the zoning of particular gec.ranhic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected consti -uted Boarc of the area hereby affected, has held a public hearing after r.otice as in said regulations made and provided, and has considered the advisability of a 6 -foot variance from the required side yard of 15 feet tc 9 feet as shown on the attached plot plan, Exhibit "A ", in a C -5 zone fcr the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Jevelcpment ^ode for the unincorporated area of Collier County; and ",HER•EAS, al: Interested parties have been given opportunity to be heard bf -'.is Rea=d in public meeting assembled, and the Board having considered all ma•. -ers presented; ;7019 THEREFGRE BE 1T RESOLVED BY THE BOARD CF ZONING APPEALS of Collier County, F:orida, that: The Petition 7-98 -3 filed by Anita L. Jenkins, of Wilson, Miller, Barton. Peek, _nc., representing Naples HRS partnership, with respect to the property hereinafter described as: Exhibit "B" -,hich is attached hereto and incorporated by reference be and the same hereby is approved for a 6 -foot variance from the required side fare of 15 feet to 9 feet as shown on the attached plot 13A4 *,t plan, Exhibit "A ", of the C -5 zoning district :Therein said property is located, subject to the following conditions: ':his variance is for the encroachment deDicted in Exhibit "A ". Any other encroachment shall require approval of another variance. BE :. RESOLVED that this Resolution relating to Petition Number -7? to recorded in the minutes of this Board. :'his Resolution adopted after motion, second and majority vote. Done this - day of 1998. ATTEST: BOARD OF ZONING APPEALS Dr]IGAT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: ,sa o r,1_9c �-,� MarjEir1e t7. Student Assistant County Attorney f/7 -3? -3 ?ECLUT:C`t -2- 13A 4,m% ZONING • C -5 PROPERTY LINE 15' SETBACK PER SOP 96 -87 I /........ /.... /.I TRACT A I' I I "'EGSiMC ...I c .. HRS_ c�sDW. _ I! TA' INGRESS /EGRESS JI 7 f fig+ \!ASEVENT TO MRS BUILDING �I T1��N. AIRPORT jt�p I 3 OF �A REAR ppp AlIII HRS 8 FROH�OF •, I ' ; 8UILDING a I 9. I - T1 T 7, - -,5 SETBACK PER COWER COUNTY i RLWran 11jLLL1p x J 11 ZONING C-S EXI> II , It�1i TRACT c j o TST I ! x BUOUN� 1 "� RAW ROAD " HRS CHILDREN AND FAMILIES SERVICES BUILDING NAPLES HRS PARTNERSHIP WILSON MILLER SYWI1'N1 l.wN4/t AKMRRM CMiTRTlM� t+r wr.. �. «. .ru ►ra ww.w�i..ww�'�rw�irr �r�'fA..'ri�i �«-w� r.. n.rr r...r.. ,• FT'� r /f r� - -T .. EXHIBIT "A" 1'A -wv LEGAL DESCRIPTION Parcel "B ", Replat of Tract "B" of Airport Road Plaza, as recorded in Plat Book 28, Pages 3 -4, of the Public Records of Collier County, FL. EXHIBIT "B" 13A 4 RESOLUTION NO. 98 -__I_L6 RELATING TO PETITION NUMBER V -98 -3, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 12.5, Florida StatuteS, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6 -foot variance from the required side yard of 15 feet to 9 feet as shown on the attached plot plan, Exhibit "A ", in a C -5 zone for the prepe-rty hereinafter described, and has found ;,s a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier Count•; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the °card having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING is ?? F.LS of Collier County, Florida, that: The Petition 11 -98 -3 filed by Anita L. Jenkins, of Wilson, Filler, Barton & Peek, Inc., representing Naples HRS partnership, witch respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same hereby is approved for a 6 -foot variance from the required side yard of 15 feet to 9 feet as shown on the attached plot -1- 13A 4 plan, Exhibit "A ", of the C -5 zoning district wherein said property is located, subject to the following conditions: 1. In the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform t., the provisionrs Of ` -h'- applicable zoning code in effect at the time of reconstruction. 2. Development Plan shall indicate the continuation of -he sidewalk to the eastern access door. 3. The Site Development Plan shall indicate landscaping along the southeast corner of the addition, which shall include, at a minimum, three mature palm trees and shrubbery. 4. This variance i for the cncc�aC�iment depicted in Exhibit "A ". Any cth•ir encroachment shall recuire approval of another variance. BE IT RESOLVED that this Resolutijn relatin'1 to Petition Number V -98 -3 be recorded in the minutes of this Board. This Pesolut_on adopted after motion, second and majority vote. Done this 11-1j �14 day of 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD Or ZONING APPEALS COLLIER. COi iiTY, i_.OPIDA 4BAVA B. 4BE 4,haiti�t n ` - -- �.hairt an's ApprDilp4ta;:.1 te,; Form and Legal Sufficiency: [Marjo ie f ?. S tudent Assistant County Attorney -2- 13� 4 EXHIBIT "A" ZONING . C -5 PROPERTY LINE 15' SETBACK PER SOP 96 -87 ............ I TRACT A i I' E aeTK . . . ,', 24' INGRESS /EGRESS EASEMENT MRS D%oCN' -t.] I ;;� 'FAMUS ' Z TO MRS BUILDIN I 2111N. NRpW RW _1 l_ J ........� ¢ , ` MAIN AC FRONT OF A REAR OF � ' ........ -REAR g i �—IO HRS Bye C, 8 C L%tl „ ; l z 0 I I i 3.02' : Tj d Lni,�-i�-...._ ii, , S I 15' SETBACK PER COLLIER COUNTY � z ZONING u C-5 i w iL it I. EXISTING - I t ST UNION II " ' ' ' . tJ i TRACT C , W a `�+.I•>b�r-szic•._•.y.�,y L �3 lam. -� _ — .�.rsy. — —Lti� �s RAM ROAD HRS CHILDREN AND FAMILIES SERVICES BUILDING NAPLES HRS PARTNERSHIP WILSON Q v }E9 938 >R--- ` Js MILLER OX.11L A xmm a ko MTmucT10!1 N�[7n • �39JE - n;•; , 1101 Niy. yr. Iti.• Nq. ,. •r•.. Iyn., NIN -Wl 111.1 11.11 ... -,N1 I,• IN 11 NI•IIII J (• � /7!^ r EXHIBIT "A" 13A 4 LEGAL DESCRIPTION Parcel "B ", Replat of Tract "B" of Airport Road Plaza, as recorded in Plat Book 28, Pages 3 -4, of the Public Records of Collier County, FL. EXHIBIT "B" N 11 � 11 1 II 11 „ IN 'I I � I i1 .ti t r4 PARCEL A C -5 ZONING HE y '1 l I II 11 'I I 1 1 1 1 1 1 I 1 1 ' 1 11 11 11 11 I 11 II 11 �I 1 I 1 I 1 1 1 I 1 1 11 I II I 11 t � 1 11 I, I N II 1I 1 dI it t III I I III I O III ^ 1, ill I .I 11 u O cr I• ;i,l I 1: 11 J I 0- �i C i O I I I I I al I I; III it I II! !I l PARCEL A C -5 ZONING HE y RADIO ROAD 100' R.O.W. (EXISTING) 13A 4 1 i I 1: ti i FRONT )-D I 1' 1 If 4 BUIUANG C -5 ZONING :•r• 4 .t .Ir Itc � ill' ;'..0 ....�.�. i.... rn:rF'✓' .e f.•R•rc.. I RADIO ROAD 100' R.O.W. (EXISTING) 13A 4 FRONT )-D FAMILILS BUIUANG :•r• 4 .t .Ir Itc � ill' ;'..0 ....�.�. i.... rn:rF'✓' .e f.•R•rc.. '', .. o l ,� . .. a � t � i/r �+ � .. J ...:;Y.t.h. � r ^� J � » 4 i .. .. f � , ' � _� � � �� 3 � ., rn� t r 1. • r.• i. I � � t • Tie � �� i ' • ` G r S t �. I � ,' , a s� � ., �' � - s�' .: �' �S]e � :�yi i � (jii� `A r � � is xw � ' , � "�� 1'r � i .:• . ._ . �_. �� ~ -i� x;� r: .; , ,� � �. .� ��t ' ! r 0,. �3 y i � � �`�� _ �.� 1� ; '"'�`� r)� ' " � r'� Tl f(,,,. ., Y . .'" "'"may"" TTTT �� s �•1 ,; ♦�� s �� " ss ' •. .r J ,r, . •+ r i� � a�. 1, �-- � z �,,� �. 4 . . t . 13A 4 February 20, 1 992 Mr. Stave Del Gallo Naples HIRS Factru-rchip P.O. Box 13452 Pcnaacola. FL 32591 -3432 Re: Setback Variannce Dear Mr. Del Gallo: "Thank you for bringing to any attention your in cnt to petition for a Setback variance. This letter is to verify that I own the property to the out o the State of Florida Depa iment of Children and Farnillos building site, ac jsacnt to your an= z property line; e»d I have no objection to a variareo to yaur setback. I undcotand that Yo wAll petition for the setback along your eastern property 6oursdat7► to be reduced from fifteen fC (IS') to nine met (9'). Considering that our properties have similar s backs, I believe slut the rtquested variance will not have a negative impact on lay property. ecmore, a code minimum landscape buffer between the two properties will suMcc and no cr buffering will be necessary. Sinccrvly. >• Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily News FILED ON: 04/13/98 --------------------------------------- -- +--- -- ------ -- ----- --- - - - - -- • _f Signature of Affiant Sworn to and Subscribed before me this i day of Personally known by me ry , ".r Judith A Flanigan _ntr,;a•� ��s :��, tea. - -A" \.- TA'.'•i ... NOTICE OF BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING Notice ATTN: NANCY SALOGUB n hereb given that the Board o% County PO BOX 413016 Co°unt'�?, will hol o publ� NAPLES FL 34101 -3016 heoRrIng on TUESpay, �._,L�B, -- n the oom, id Floor, Ad. minisfiotion Building, Col. Iler County Government Center, 1301 East Tornio. REFERENCE: 001230 800551 TheTmeetlnp?will beg Florida. a 9:00 A M. 57674356 NOTICE OF PUBLIC HEA The Board will eonsldef Petition V -98.1, State of Florida A. Kurt Ardarn , Es. lo Fir lm, County of Collier ePresentinngk ABC Liquors, Inc, reyuestln9 a 15 too t variance Before the undersigned authority, personally fro e m th re Ire 15 foot [on dscop. appeared B. Lamb, who on oath says that she serves I. burffee striv to 0 feet as the Assistant Corporate Secretary of the Naples TamomleTrolllEastd(U.S Gaily News, a daily newspaper published at Na Les P 41) further described as Lof 36, Naples in Collier County, Florida: that the attached Grove and Truck Company's No. 2 in copy of advertising was published in said section 11, Township So South, Range newspaper on dates listed. 25 East as recorded in Plot Book 1, Affiant further says that the said Na Les Dai t y Page 27, of the Public Re. News is a newspaper published at Naples, in said Fladidaot Collier County, Collier County, Florida, and that the said All Interested parties newspaper has heretofore been continuously are invited to attend, to register to speak and to published in said Collier County, Florida, each submit their obiections u day and has been entered as second class mail any, In wrking to the Board Prior to the matter at the post office in Naples, in said ri Public Collier County, Florida, for a period of 1 year Any erson who decid- es to appeal a decision of next preceding the first publication of the the Board will need a re- attached copy of advertisement; and affiant cord of the Proceedings pertolning thereto, further says that she has neither paid nor and therefore mov need to ensure /hat promised any person, firm or coporation any o verbatim record of the proceedings discount, rebate, commission or refund for the Is made which reco rd In. eludes tfie purpose of securing this advertisement for and testimony evidence upon which the publication in the said newspaper. OA RD toOFbased, COUNTY BLISHED ON: 0 412 COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK /usf // aureenKenyon, BBY: ep (SEAL AD SPACE: 65.000 INCH ) April 12 No.1184007 FILED ON: 04/13/98 --------------------------------------- -- +--- -- ------ -- ----- --- - - - - -- • _f Signature of Affiant Sworn to and Subscribed before me this i day of Personally known by me ry , ".r Judith A Flanigan _ntr,;a•� ��s :��, tea. - -A" \.- TA'.'•i ... COLLIER COUNTY FLORIDA •' REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: �P • 13A5101 RkA *A kkR kkR# RRA# RR# RR# #RkRRARRA *AR #RRk *Ak * * *kkA * *RRkk AR R #RRARR *RR # * #Rk RRRk A *RRRARRARR #kRRRM #M # *RRRRA *RA #RA Originating Dcpt/ Div: Comm. Dcv,Serv./Planning Person: / ^' 1 ' ", ' ( ,/Date: Petition No. (IL none, give brief description): V -98- i1 Petitioner: (Name & Address): ABC Liquors. inc 8989 S Orange Avenue Orlando FL 32821 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) A, Kurt Ardaman, Esquire Fishback Law Firm. 170 E. Washington Street Orlando FL 32801 Hearing before BCC XXX BZA o Other Requested Hearing date: a + Based on a6crtiscmcnt appearing 15 days before hcarin b Newspaper(s) to be used: (Complete only, if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. V -98 -I A. Kurt Ardaman, Esquirc, of Fishback Law Finn. representing ABC Liquors. inc. requesting a variance of 15 foot from the regc uired 15 foot landscaping bt f r strip to 0 feet for property located on Tamiamr Trail East (U.S. 41) firrther described as Lot 36 Naples Grove and Trick Compaq, • s No_ 2, in Section I l• Township 50 South Range 25 East Collier County. Florida. Companion pctition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? OKes ❑ 113 - 138323 - 6.39110 Revic%%cd by: 0 SJ< I Division Head List Attachments: No If Yes, what account should be charged for advertising costs: r�' /'�)"6�'b Date Approved by: County. ,Managcr DISTRIBUTION iNSTRUCTiONS Date A. For hearin '-s before BCC or BLA: Initiating person to complete one coy and obtain Division Ifead appr•u+al hcfore submitting to County Manager. Note: If Ichal document is involved, be sure that any necessary legal rcvic +, or request for same, is suhrrritted to County Attorney before submitting to County Mana -er. The i<lana;er's office will distribute copies: ❑ County. -Manager agenda file: to ❑ Requesting Division ❑ Ori Final Clerk's Office " B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy for fiic. RMRRfA #RRRRAR } *R # *RAARRRRARR #k Rf R }RA *R RA R #ARA RR RR #8888 }RARR RRR R *RRAAR * }AR *R }RRARR }RARRRA RRAA RR RA RR *888888 RR FOR CLERK'S OFFICE USE NLY: Date Received: — Z Date of Public hearing % �! '� �— Date Adycniscd: �� %y \\ a z OF PAGES (including this cover) II IIIIIIIIIIIIII fill IIIIIIIIIItitl III11111IIIIIt[IIIIIIIIII1111 TO: LOCATION: NAPLES DAILY NEWS FAX NO.: 263 - 4864., COMMENTS: / r _ Re: .i� -C,.C_ .t* mom. l � •- ' � -- FROM: ELLIE HOFFMAN - MINUTES 6 RECORDS LOCATION: Collier County Courthouse FAX 210: ( 813 ) 774 -8408 PHONE •NO: (813) 774-8406 741 10:20 00 001'04 742 L03-27 09:31 00 °01'07 743 09:35 00'02'08 744 12:50 00 °01'52 Date sent: -7 I 13354 941 774 6179 OK i 06880c�30pp0098pO 614 890 3325 OK 1 068CO0 88no 92634864 OK 3 068C00300000eA1� 92634864 OK 3 068C008000008A14 Time sent: 1 -5 �tjAa; March 24, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider V -98 -1, ABC Liquors Inc. Dear Judy: Please advertise the above referenced notice one time on Su April 12, 1998, and send the Affidavit of Publication, in nday, duplicate, together with charges involved to this office. �Sincerely, Maureen ny K on, Deputy Clerk Encl. Purchase Order No. 800551 13A5•� NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 28, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V -98 -1, A. Kurt Ardaman, Esquire, of Fishback Law Firm, representing ABC Liquors, Inc. requesting a 15 foot variance from the required 15 foot landscaping buffer strip to 0 feet for property located on Tamiami Trail East (U.S. 41), further described as Lot 36, Naples Grove and Truck Company's No. 2 in Section 11, Township 50 South, Range 25 East, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s /Maureen Kenyon, Deputy Clerk (SEAL) 13A .5,0 March 24, 1998 ABC Liquors, Inc 8989 S. Orange Avenue Orlando, F1. 32824 Re: Notice of Public Hearing to consider V -98 -1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure CC: A. Kurt Ardaman, Esquire Fishback Law Firm 25Abws March 24, 1998 A. Kurt Ardaman, Esquire Fishback Law Firm 170 E. Washington Street Orlando, F1. 32801 Re: Notice of Public Hearing to consider V -98 -1 Dear Petitioner: Please be advised that the above - referenced petition will be considered by the Board of County Commissioners on April 28, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 12, 1998. You are invited to attend this public hearing. Sincerely, Maureen Kenyon, Deputy Clerk Enclosure CC: ABC Liquors, Inc. 13A5144 RESOLUTION t10. 98- RELATING TO PETITION NUMBER V -98 -1, FOR A VARIANCE ON PROPERTY HEREIN..FTER DESCRIBED 1N COLLIEn COUNTY, FLORIDA, �iEREAS, the Legislature of the State of Florida in Chapter 125, i iori,Ja ;ta :,;c�;, has conferred on all counties in Florida the p,)wer to establis!:, coordinate and enforce zoning and such business regulations as Ire necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cod,! (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning APPeals, being the duly elected constituted P,oat•d of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, n; hrr, considered the advisability of a 15 -foot variance from the required 15 foot landscaping buffer strip to 0 feet as shown on the attaches. pot Plan, Exhibit in a C -4 zone for the property hereinafter described, and found as a matter cf fact that saris :acs. Provision and arrange -ent have been made concerning g all T"latters required by sa_d regulations and in accordance w!- c :fin 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and all interested parties ^ave been f••';_ J _. in public ...��t_. assembled, consider =•d all ,:3tters presented; iT RES)Lj —D - J _ B'. BOAR C? ZC;. _. _ .._ . _....S ')f Cc_1i =_ Cc'_.,ty, Florida, that: P9ti V -98 -1 Bled by A. ..,.rt Ardam.,an, Es^ _re of si.b 1 is La,. re pr-:�s<..,ng ABC Liquors, 1.n C., w_th r? hereinafter described as. Spe =- the p: Per Lot 36, in Plat County, be and the s, Nap:-es Grove and Truck Company's No. 2, as recorded Boo.*: 1, Page 27, of the Public Records of Collier Florida. 3m? hereby is approved for a 15 -foot variance from th�- . _•_ � ^_ buffer to C _»_ as 13x504 attached plot plan, Exhibit "A ", of the C -4 zoning district wherein said property is located, subject to the following conditions: This variance is only for the 13 foot reduction of the required 15 foot landscape buffer to 0 feet as dipicte -1 on the attached site plan. BE IT RESOLVED that this Resolution relating to Petition Number V -98 -1 be record•�d in the minutes of this bv_ This Resolution adopted after motion, second and majority vote. Dore• this _ day of , 1999. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. :-,ROCK, Clerk COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency: MarjofJie Student Assistant County Attorney c , I r-'Mrlr%INU FHUVIDEP----�61 js PARKING LOSS 3 SPACES ws AFTER CONDTTrol 3 A 5 Du MP STEM SITF M-AN Cuumstin .01 - 9 , ( \ W CA 'PIN CCU -A-4 t r y 0. ;oe 0) 14 SPA:fs Ilk I SPACES :i"llice L scar -XPiRIT 11-N" TAMIAMI TRAIL PLAT BOOK 2. PACE FINIiT I1nNNZmz -r. f �hTI91t. , alitt)ADIAN. AIILi nt4 & 170 EAST WASHINGTON STREET ORLANDO. FLORIDA 32801-123911 1 i A G. BEN rISHSACK 0893•19911 MARK r AHLEn$ A. KURT AA DAMAII It L7.I'WI C 14017) 4.1', JOHN r, OENNETT PHtllp r. 90NU5 t A. 1..01 11 •1 i`�� ill r� 1 JULIAN K. DOMINICK MICHAEL T. SHERIDAN CHARLES R. STEi'TEn. Jn April 20, 1998 Mr. Raymond V. Bellows, Principal Planner Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Re ABC Liquors, Inc., adv. D01' - Collier C'OUntV Petition No V -98 -1 Our bile No. A6-10717 Dear Mr. Bellows Pursuant to the Collier County Planning Commission's direction, I have enclosed language for the two (2) conditions to be apply to the variance to the fifteen (15) foot landscaping buf er [or your review and approval: Condition 1: In the event the gross floor area of the buildings on the subject property are increased beyond their existing area as of the date of the approval of this variance, the fifteen (15 ) foot landscaping bufTer must be met unless otherwise approved by Collier County. Condition : In the event the existing buildings are razed and the site is redeveloped, the fifteen (15) landscaping buffer requirement must be met unless otherwise approved by Collier County Please call Ric after you have reviewed this to confirnt that the language is acceptable to You and ('curnty staff'or presentation to the Board o1'C'ounty Colnmissioncrs A hurt AKA mac I 6A21;0 MMORANDUM Date: April 28, 1998 To: Greg Mihalic, HUI Director From: Maureen Kenyon, Supervisor, Minutes & Records Re: Resolution 98 -106 and Inter -local Agreement Between the Board of County Commissioners and the City of Naples Attached please find a certified copy of Resolution 98 -106 and the original Inter -Local Agreement as referenced above which was approved by the Board of County Commissioners on April 28, 1998, (Agenda Item #16A2). Upon execution of the original inter -local agreement by the City of Naples, please provide the original to this office and a certified copy will be provided to you as the original is to be retained by the Minutes and Records Department. If you have any questions, please feel free to contact me at: 774 -8399. Thank you. Enclosure 5A RESOLUTION NO, 98- 106 RESOLUTION APPROVING 'E'ME LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 1998 -1999, 1990 -21)00 AND 2000 -2001 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES (SMP) PROGRAM', APPROVING A MANEMUM AWARD SCHEDULE' INCRI :,\SING ADMINISTRATIVE COS'T'S OF 'I'lll: LOCAL HOUSING ASSISTANCE PLAN TO A MANEMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION, AUTIIORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA MOUSING FINANCE CORPORATION FOR REVIEW :\ND APPROVAL; AU'rilORIZING THf: NI :C'E :SS: \It)' CERTIFICATIONS BY THE: CEIAIRMAN OF THE BOARD OF COUNT1' CO\EMISSIONERS, APPROVING 'fill: INTI:R- LOCAL AGREEMENT BETWEEN COLLIER COUNTY AND TEIE CITY OF NAPLES-, AND APPROVING THE EFFEC "1'IVI: D:\TFS, WI WREAS, the Florida State Lcltislattire enacted the William F. Sado%sski All'ordable I lousing Act on July 7, 1092 (the "Act "), Section 420 907, Cl - , Florida Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package-. for state and local housing prograrns to better enable local governments to meet their responsibilities for atlordable housing in accordance with their comprehensive plans, and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments fir development anti maintenance of aflbrdable housing, and WHI-RHAS, the Hoard of County Commissioners of Collier C'ountV, Florida, enacted Collier County ordinance No 93 -19 on April 13,1993 establishing the ('ollicr County Local I lousing Assistance Program in accordance with the Act, and \VI IEREAS, through Resolution 93 -159, the Board of County Commissioners adopted a three \ear Local Musing Assistance Plan outlining the intended use ;►f SHIP funds for fiscal Years 1992 -1993, 1993 -1994 and 1994 -1995, and 11'HERFAS, through Resolution 95 -284, the Board of ('gong Commissioners adopted a three year local Housing Assistance Plan outlining the intended use of SIIII` Funds for fiscal years 1995 -96, 1996 -97 and 1997.98, and WIIE:RE.AS, the Act requires in order to qualify fur additional S1 11P I unds, lucid governments must develop a new one to three year local I lousing Assistance flan outlining the local governments' use of Sill Funds; and W1IFREAS, the Act also requires the local government to adopt it maximum riwnrd schedule, an average cost per unit, and a maximum cost per unit fur eligible housing benefiting from SHIP Awards, and WHEREAS, the Act limits the administrative costs of the Local I lousing Assistance Program to five percent (5 %) of the total SHIP allocation unless the Board of County Commissioners, by this resolution, increases the percentage to a maximum of 10 °%, and WHEREAS, it is in the best interest of Collier County to quality fix the S1 III, Funds, and all action taken by the County in furtherance of such qualification is liar it valid county purpose NOW, THEREFORE, be it resolved by the Hoard of County Commissioners of Collier County, Florida, that. 1 The Hoard of County Commissioners hereby approves the Three Year Local Housing Assistance Plan for fiscal years 1998 -1999, 1999 -2000 and 2000 -2001. 2 The maximum award schedule for SHIP Funds under the local Housing Assistance Program shall be S 15,000 per eligible housing, unit 3 The average cost per unit for eligible housings benefiting from SI IIP A\%ard% shall be 565,000 4 The maximum cost per unit fir eligible housing benefiting from awards made pursuant to the SHIP program shall not exceed SI 18,264 for existing eligible housing units and S 106,365 for newly constructed eligible housing units 5 The annual administration costs of the Local Housing Assistance Program shall be increased to a maximum of 10% of the local SHIP allocation 6 The Chairman of the Hoard of County Commissioners is authorized to submit the Local Housing Assistance Plan, a copy of %%hich is attached hereto and made I part hereof, to the State of Florida (lousing Finance Corporation for its review and approval 7, The Chairman of the Board of County Commissioners i. authi' rind to execute the certifications annexed to the I lousing Assistance Plan on behalf of the County k 'I he Chairman of the Board of County Conmtixxioners hereby approves the Inter -Local Agreement between Collier County and the City of Naples 1) This Resolution shall take effect immediately upon its adoption This Resolution adopted after motion, second and majority vote favoring same. DATED % f/ ATTEST DWIGIIT Ei BROCK, Clerk Approved as to form and legal sufficiency I (cidi F Ashton Assistant County :\porno\ jd1l'Nhirdrc -A, BOARD OF COUNTY COMMISSIONF.1 S COLLIER COUNTY, FLORIDA fly. 44bara4lftnern, COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (SHIP PROGRAM) ♦ Prepared for Collier County and the City of Naples lln: I PROGRAM DESCRIPTION General Information 1 Proposed Use of S. H.1. P Funds 1 Public Input 1 Plan Implementation Responsibilities 2 II LOCAL HOUSING PARTNERSHIPS Housing Partnerships M III HOUSING ANALYSIS SUMMARY Background 5 Rental Housing 5 Housing Units 6 Substandard Housing 7 Employment & Wages 7 IV PROGRAM STRATEGIES AND SUPPORT Impact Fee Relief g Housing Rehabilitation g Down payment /Closing Cost Assistance 10 Land Acquisition/Transfer 11 Demolition with New Construction 12 Special Needs Housing 13 Emergency Home Repair 14 Expedited Permitting for Affordable Housing 15 Plan Affordability 16 Non - Discrimination 16 Advertisement and Outreach 16 Support Services 16 Administration 17 Three Year Budget 19 V TABLES 20 VI HOUSING INCENTIVE STRATEGIES VII HOUSING DELIVERY GOALS CHART VIII TIMELINE IX CERTIFICATION X INTERLOCAL AGREEMENT COLDER COUNTY HOUSING ASSISTANCE PLAN: SECTION I PROGRAM DESCRIPTION Collier County, in conjunction with the City of Naples, is the requesting applicant for funding assistance under the Slate Housing Initiatives Partnership (S H I P ) Program Collier County, a non entitlement community, contains a population of approximately 203,112 (1997) Naples is a city of approximately 21,332 (1997), and has been a Community Development Block Grant entitlement city since 1986 The City of Naples' entitlement status qualifies the City to receive automatic funding assistance annually from the U.S. Department of Housing and Urban Development (H U D ) The Housing Assistance Plan (H.A.P.) is a three (3) year plan beginning with fiscal year 1998 -99 and ending on June 30, 2001. Estimated resources available for the countywide program is $1,240,387 FY 1998 -99, with $135,698 allocated to the City of Naples and S 1,104,689 for unincorporated Collier County, These figures are based on the December 1998 S.H. I. P. Program allocation report and are subject to additional funding by the State Legislature in the Spring of 1998 This Housing Assistance Plan sets forth the goals and strategies for increasing the supply of affordable housing throughout Collier County. This Plan meets the provisions of Chapter 67.37 of the Florida Administrative Code, State Housing Initiatives Partnership Program The City of Naples and Collier County has entered into an Interlocal Agreement providing the County with the authority for the local administration of the S H I P program. Both communities view affordable housing as a community -wide problem with no jurisdictional boundaries Housing assistance provided through this program benefits the enure community and not just the jurisdiction in which the housing act:vrty occurs PROPOSED USE OF S.H I P FUNDS Collier County, noted as one of the fastest growing communities in the United States, has a need for housing that is affordable for the lower income families in the area rhos Local Housing Assistance Plan is designed to increase the availability of affordable housing by utilizing various strategies. The strategies available under this Plan provide assistance to very-low and low income families All eligible families will be able to receive assistance by participating in the one of the strategies in Section III of this Housing Assistance Plan. PUBLIC INPUT The Collier County Housing and Urban Improvement Department (H U.1 ) prepared this Plan with input from the public and the Affordable Housing Commission Public input was solicited at the January 12 and February 16, 1998 Affordable Housing Commission meetings regarding the S. H. I. P. Program. The meetings on the Housing Assistance Plan were advertised in the local newspaper of general circulation. xE The Collier County Housing and Urban Improvement Director and his designee will be responsible for the implementation of the strategies identified in this Housing Assistance Plan, When applicable, the H.U,1, Director will work with the various, local financial institutions in an effort to promulgate and implement the strategies which may require the applicant to secure a loan in order to qualify Additionally, the H U 1. Director will be soliciting other county departments, the City of Naples, local builders and contractors, and other housing entities for assistance in the implementation of the strategies. The total cost for coordination and administration of these strategies will be funded by the S.H.I.P. funds and will not exceed 10% of the total allocation, I COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION II LOCAL HOUSING PARTNERSHIPS .• Collier County has always maintained local housing partnerships with interested groups throughout the area whose Input has been sought on affordable housing issues and in the preparation of the S.H,I.P, program documents. Representatives of these groups are routinely invited to attend public meetings regarding the development of the Housing Assistance Plan, Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. A few of the existing groups who have been consulted are-, 1. Collier County Banking Partnership, 2. Salvation Army Transitional Living Center, 3. Collier County Extension Service -- University of Florida 4. Affordable Housing Task Force. 5. Habitat for Humanity. 6. League of Women Voters. 7. Alliance for the Mentally III, 8. Collier United for Rights and Equality (CURE) 9 Housing Committee -- Chamber of Commerce /EDC Coalition 10. Family and Consumer Sciences Advisory Committee 11, Community Housing Partnership of Collier County, Inc 12. Saint Matthew's House 13 Collier County Housing Authority 14. Collier County Housing Finance Authority The primary grouo providing assistance with the development and implementation of the County's housing programs is the Affordable Housing Commission. The Commission is an advisory committee made up of citizens representing lending institutions, developers, community -based housing and service organizations, and providers of professional services relating to affordable housing. This group functions as the Local Housing Partnership for Collier County and the City of Naples The Commission holds monthly meetings that are open to the public Responsibilities of the Commission include monitoring the City and County's Growth Management Plans, identifying opportunities to network and brainstorm for ideas and solutions to the affordable housing situation. Both City and County staff participate in monthly meetings to provide technical assistance. Other non - profit organizations and individuals are invited to render their advice and suggestions. Recent highlights for the promulgation of housing services within the area include Collier County has recently provided a $60,000 deferred loan to the Community Housing Partnership of Collier County, Inc., for the rehabilitation of affordable housing units • County and City staff are preparing a presentation on affordable housing with the Chamber of Commerce and Economic Development Council of Collier County id t,1% ♦ In fiscal year 1997, the Collier County Loan Consortium, Inc. in partnership with the Collier County Extension Service and County /City Government, approved 131 mortgage loans through the Home Loan Program valued at 9 89 million dollars Allocations for fiscal year 1998 have increased to 11 million dollars The Home Loan Program is designed to assist very-low, low and moderate income residents who are interested in purchasing a home in Collier County Program benefits include free home buyer education programs, no private mortgage insurance required, low m,Irket interest rates, fixed ratelfixed terms and just a 3% requirement for down payment ♦ The Collier County Extension Service, with support of Collier County government and the City of Naples, is interested in creating a newsletter to provide various information on housing issues, home repair ideas, financing, etc. to all S, N I P legatees. The newsletter will be mailed quarterly to approximately 400 recipients, ♦ Collier County is 'leading the way" in seeking membership in the National Partners in Homeownership. National Partners in Homeownership is a public - private partnership formed in 1995 to increase homeownership opportunities in America. The partnership consists of over sixty five national organizations representing real estate professionals, lenders, home builders, non - profit housing providers and federal, state and local governments. 4 14 COLLIER COUNTY Houma AssISTANCE PLAN: SECTION III HOUSING ANALYSIS SUMMARY [: The Housing Analysis Summary has been included in this Local Housing Assistance Plan to identify the current housing situation in Collier County. An analysis of the local housing conditions for very-low, low and moderate income households housing can assist us in the identification of future needs within the County Affordability is defined as, "a unit with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of thirty percent (30%) of an amount which represents fifty percent (50°x) for very-low income, sixty percent (60°x) for low income or eighty percent (80%) for moderate income of the median adjusted gross annual income." Utilizing the 1990 Census Income Data, as well as the 1998 median income data for Collier County, we are able to identify that a four (4) person family earning $27,050 would be considered very-low income, A four (4) person family earning $43,300 would be considered low income (see Table 1) The 1990 Census also reported on the affordability of housing by identifying the total number of households living in non - affordable housing units Of the households earning less than 80% of the median income for Collier County, 10,705 households, or approximately 17 "Ab of the total occupied units, were reported as living in non - affordable housing. The need for affordable housing was classified for all areas of the County: CENSUS DESIGNATED ARI East Naples Golden Gate Immokalee Lely Marco Island Naples, City of Naples Manor Naples Park North Naples Palm River RENTAL HOUSING VERY -LOW, LOW, & Mi 1,089 1,231 1,161 291 598 1,249 299 728 1,178 213 ERATE UNITS There are 5,579 rental units within apartment complexes within the coastal urban area (see Table 2) and 1,192 rental units in the Immokalee area. These units were examined in an effort to determine their affordability for very-low, low and moderate income persons. The maximum rent limits allowable under the State Apartment Incentive Loan (S A I L.) Program, the Low Income Housing Tax Credit (L I H T C.) Program and the Collier County Affordable Housing Density Bonus Ordinance were utilized, respectively, for this study. Of the 5,579 aforementioned apartments, 1,218 (21.8%) units are affordable for the very-low income households At the low income level, there are 2.589 (46.4%) apartment units identified as affordable housing The number of units available to the very-low and low income households has improved significantly since these figures were last reported in the previous Housing Assistance Plan. Of the 5,052 apartment units recognized in the previous Housing Assistance Plan, there were only 435 (8.6%) affordable units for very -low income households. At the low income level, there were only 1,562 (30 9%) apartment units identified as "affordable." The Department of Housing & Urban development is presently updating the apartment inventory of the urban area Updated 1998 information will be available in the fall. An increase of 1,515 apartment units will be evinced in the update. The number of affordable units for very -low and low income households will also be shown in the fall of 1998. Figures will show an increase in the percentage of affordable units for both very-low income and low income. The median rent for rental units in Collier County in 1996 is $700 per month (see Table 3). The most common rental range was between $400 and $600 per month ('q%), followed by $600 to $750 per month (2596). Tenure patterns in the County indicate that there are approximately 18,384 persons paying a monthly rent On the other hand, there are 43,319 homeowners in the County (see Table 4) All units investigated meet the affordability criteria at 80% of income households There are limited incentives available for moderate income households under the S.A.I L . L I H T C or Collier County Impact Fee Waiver or Deferral Ordinances The 1990 Census provides us with an inventory of units and illustrates the occupancy status for those units. In Collier County, as much as 34.5% of the total units are vacant at one point in time during the year. Nearly 70% of those vacant units are reserved for seasonal residents. It is estimated that during peak season in the coastal urban areas, the seasonal population is approximately one -third greater than the permanent population It is also estimated that the Immokalee Planning Community experiences an influx of approximately 12,000 people during the winter months which is an increase of nearly 90% of the permanent population. AREA-- POPULATION ..W...v�.� ......................... ............................... COASTAL URBAN 245,746 IMMOKALEE 33,899 HOUSING UNITS In the year 2000, it is estimated that Collier County will have 156,975 housing units (see Table 5). Based on the 1990 Census and the high -range population projections by the County, the number of housing units in the County was generated by dividing l 6A 2 1.1 the high -range population projections by person, per total dwelling unit figures from the 1990 Census. In 1995, the median value of all single - family homes in Collier County was $136.483. The majority of those homes (30%) were valued at $200,000 and higher (see Table 6). Household sales information can be found in Table 9. An important component of the housing market in Collier County which affects the livability- status is the age of the structure. Repairs and rehabilitation costs rise as the age of the structure rises. 1989 to March 1990 1985 to 1988 1980 to 1984 ...._ .......... .......................... .. .... I ....... I .................. ................. ... 1970 to 1979 1960 to 1969 1950 to 1959 _ 1940 to 1949 Prior to 1939 EMPLOYMENT AND WAO ES 7,255 19, 980 21,127 .............. 30.099 .......... . 10,760 3,416 727 801 The employment base in Collier County has increased over the years coinciding with the population growth. The majority of the work force is employed in the retail trade and service industries (see Table 7). The Florida Department of Labor reports that in 1996, the total labor force in Collier County was estimated at 81,500 The service industry has an employment of 24,392 and the retail trade industry employs 18,807. In 1996, Collier County's unemployment rate is 6.0°x. A steady decline in the unemployment rate since 1992, when 9.4% of the people were unemployed, has made the County a more attractive place in which to locate a family and/or a business. Income rates vary throughout the County (see Table 8). In 19%6, the majority of households earned $50,000 or less. Twenty eight percent of the households earned $25,000 or less, while 36% earned between $25,000 and $50,000. 7 COLLIER COUNTY HOUSING ASSISTANCE PLAN: SECTION IV PROGRAM STRATEGIES STRATEGY I: IMPACT FEE RELIEF DESCRIPTION: 16A,-). Homeownership: Impact Fees imposed on new construction of single family units for very-low and low income first time home buyers' may be waived or deferred provided the applicant meets all the qualifications established in the Collier County Impact Fee Ordinances. The participant must occupy the home as his/her /their permanent place of residence. The maximum amount of SAAR dollars allotted per unit is $6,500. The assistance is in the form of both a waiver and/or a deferral, no recapture is required. The average amount of home ownership impact fee relief paid with S. H I. P dollars is estimated at $6,C00 per unit. This strategy is an ongoing policy and is functioning as intended. 'A first time home buyer is someone who hasn't owned a home as their pr;ncipal place of residence in the past three years. STRATEGY 11: HOUSING REHABILITATION DESCRIPTION: Homeownership - R - epair: The Housing Rehabilitation Program is targeted for very-low income homeownrs throughout the County. The program encourages the use of volunteers and skilled labor to completed the needed repairs in order to help minimize costs. All identified repair work will include improvements needed to correct housing code violations and/or deferred maintenance. Funds for homeowners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment upon sale of the property, loss of homestead or refinancing. The maximum amount of S.H.I.P. dollars loaned per unit will be $15,000 The average amount of homeowner rehabilitation paid with S. H.1. P. funds is estimated at $10,000 per residence. Rental Repair: Funds will be available to property owners to correct housing code violations, provide handicap modifications and rehabilitate property Funds will be available in the form of amortized loans for up to twenty (20) years, with an annual interest rate of five percent (5%). Property owners will be required to provide two dollars ($2 00) of private funds for every one dollar ($1.00) of S H I P funds contributed Other funding sources, such as Community Development Block Grants (C.D.B.G.) may be sought to supplement this program. Landlords must rent their units to very-low and low income persons for a minimum of 15 years, or the duration of the loan, whichever is longer. Compliance will be monitored annually by the County The maximum amount of S.H.I.P, dollars provided per unit will be $15.000 for homeownership and $5,000 for rental properties The average amount of rental rehabilitation paid with S.H.I. P. funds is estimated at $3,500. State mandated maximum price per unit: The average price per assisted unit: $118,264 (Existing Units) $106,365 (New Construction) $65,000 1 STRATEGY III: DOWN PAYMENT /CLOSING COST ASSISTANCE DESCRipmhl: Down payment /closing cost assistance will be available to very-low income first time home buyers in conjunction with rehabilitation or emergency repairs for any existing dwelling unit Additionally, down payment/closing cost assistance will be available to very-low and low income homeowners participating in the Demolition or Land Acquisition/Transfer Programs, This Is available for single family, villa, duplex and condominium units, A deferred payment loan of $2,500, with zero percent (0%) interest, will be provided to first -time home buyers for assistance with their down payment and/or closing costs In addition, a deferred payment loan of $2,500 with zero percent (0 %) interest will be provided for rehabilitation or emergency repairs for the qualifying unit The combined deferred loans of $5,000 will be secured by a mortgage to be paid in full to the Affordable Housing Trust Fund when the dwelling unit is sold, a loss of homestead or refinancing The terms of the loan are indeterminable A deferred payment of $5,000 with zero percent (0%) interest will be provided to homeowners participating in the Demolition or Land Acquisition/Transfer programs to assist with the costs of new construction All recipients must declare the dwelling unit as their principal place of residence State mandated maximum Drice Der unit: The average price per assisted unit: 10 $118,264 (Existing Units) $106,365(New Construction) S65.000 STRATEGY IV: LAND ACQUISITIONITRANSFER WITH NEW CONSTRUCTION INITT4M 151M Collier County has recently initiated a land acquisitionitransfer program The initinl focus of the program is the acquisition of vacant land which can be developed for affordable home ownership opportunities. Some of the acquired properties will be obtained by the County through delinquent property taxes, The funds will be appliod to the cost of clearing title and/or purchasing property and increasing the scope of the program Acquired lots will be made available for purchase by very -low and low income families and non - profit organizations. Those very-low and low income families who qualify for the program will be permitted to take advantage of either the Impact Fee Relief or Down payment Assistance opportunities. Commencement of construction for owner - occupied dwellings will be required within twelve (12) months of closing on any acquired parcel. The maximum amount of S. H, I. P. dollars provided per property shall be $5,000 No provisions are required for the recapture of the funds MEMM". The average price Per assisted unit: $65,000 11 STRATEGY V: DEMOLITION WITH NEW CONSTRUCTION Collier County, through the Housing Assistance Plan, has initiated a demolition program in conjunction with new construction, A deterred payment loan of $5,OOU with zero percent (0%) interest is provided to very-low and low income homeowners of substandard mobile homes or single family dwellings found not to be possible or cost effective for rehabilitation, The initial loan will be applied to the costs of demolition The County is presently exploring the possibilities of donating selected substandard mobile homes to local scrap metal or recycling establishments in an effort to reduce the costs of demolition. In addition, participants qualifying for this program will be allowed to take advantage of either the Down payment Assistance or Impact Fee Relief opportunities As a result, the participant may have an increased chance in securing a loan for new construction. The average price per assisted unit: $65.000 17 STRATEGY VII; SPECIAL NEEDS HOUSING DESCRIPTION; I h ''Z I -F� Down payment assistance will be awarded to not - for - profit organizations sorving special needs clients for the purchase of homes, apartments and /or land The nct -for- profit organizations will be selected on a first come -first serve basis The assistance will be in the form of an interest free deferred loan The non - profit organization must rent the units and/or make them available to very-low, low income and special needs residents for a minimum of fifteen (15) years. Compliance will be monitored annually by the County All strategies of the Housing Assistance Plan are available to those persons with special needs. For example, special needs individuals may participate in the Rehabilitation and Emergency Home Repair programs in an effort to make housing modifications such as handicap ramps, grab bars, guard rails or other necessary additions and/or repairs. Individuals are accepted on a first come -first serve basis The maximum amount of S.H.I. P. dollars provided per unit will be $3,000 13 STRATEGY VIII: EMERGENCY HOME REPAIR DESCRIPTION: Collier County will initiate a program geared toward emergency home repair. The Emergency Home Repair Program targets very-low and low income home owners who will be accepted on a first come -first serve basis, Priorities will be given to elderly and handicapped home owners whose homes need repairs to correct life threatening, health and /or safety defects and energy efficiency. Corrections will also be made in order to alleviate exposure to natural environmental elements. Funds for home owners will be available in the form of a deferred payment loan at zero percent (0%) interest, with repayment in full upon the sale of the property, loss of homestead or refinancing. No provisions are required for the recapture of the funds. Terms of the loan are indeterminable. The maximum amount of S H I P funds to be loaned per unit will be $5,000. Funds shall be utilized to pay the cost of actual emergency repairs and other associated expenses necessary to assuage the urgent housing repair needs. KUII u u •: t• t The averaoe price nor assisted unit: ,A $118,264 $65.000 16.011 STRATEGY IX; EXPEDITED PERMIT PROCESSING FOR AFFORDABLE HOUSING Collier County has contrived an Incentive to builders, developers, etc. for the croation of affordable housing. The Housing Element of the Collier County Growth Management Plan states that the number of affordable housing units shall be increased to meet the housing needs for all residents of the County. In an effort to promulgate affordable housing, Collier County Ordinance Number 89 -39 was adopted on July 18, 1989 by the Collier County Board of County Commissioners. Guidelines were established to provide for the expeditious processing of development orders and permits which specifically address the housing needs of very-low, low and moderate income persons. The process of expedited permit processing for affordable is ongoing and functioning as intended, 15 1 6A2 1A All strategies relating to home ownership will comply with the income limits adjusted for family -size, established by the Florida Housing Finance Corporation The monthly mortgage payments, including allowance for taxes and insurance, meet the afford011ity criteria (housing costs should be approximately thirty percent (30°x6) of the households gross monthly income). The rental units receiving assistance under this Plan will comply with the rental rates of units adjusted to bedroom size, established by the Florida Housing Finance Corporation. NON- DISCRIMINATION Discrimination is strictly forbidden on the basis of race, religion, creed, color, age, sex, familial status, marital status, handicap or national origin in the use of S. H I. P dollars The Department of Housing and Urban Improvement will advertise the availability of the Housing Assistance Program at least thirty (30) days prior to the beginning of the application period. The Department will publicize the S H I P Program via newspapers, public service announcements, lenders, realtors and various neighborhood organizations. SUPPORT SERVICES The County and the City provide information to all participants of the Local Housing Assistance Programs regarding other existing community services that may be able to provide additional assistance. These supportive services can include home owner maintenance, money management services, transportation assistance, etc Job training opportunities are also available through the Collier County Cooperative Extension Service Some of the support services available to S H I P recipients in Collier County include- 1. Job Training Partnership Act/Workforce Council of Southwest Florida 2. Meals on Wheels 3. Help on Wheels 4. Good Wheels & The Collier County Division of Social Services 6. Better Living for Seniors 7. The Collier County Council on Aging & Tri- County Nutritional Program 9. Tri- County Senior Services (Our Place Senior Center) 16 1' 10. Senior Friendship Center - Health Services 11. Senior Community Service Employment Program 11 Consumer Credit Counseling Service 13. Paint Your Heart Out Naples 14. Collier County Extension Service AommTRATNE EXPENSES The administrative responsibilities for the S.H.I.P. Program are to be completed by the Collier County Department of Housing and Urban Improvement. Ten percent (10%) of the total S. H.1 P. funds that will be used for the administration of the program The resolution stating the percentage adjustment is attached to this Plan. The funds will be used for employee salaries, office expenses and any other expenses required to facilitate the implementation the strategies indicated within this Plan. In addition, some of the funds will be used to produce a questionnaire -type survey that will be targeted at the local builders and developers in an effort to provide the citizens of the county with a list of single - family units priced between the $50,000 to $80,000 range. The information collected from this survey will be included in a brochure and made available to potential very-low and low Income first time home buyers and any other interested parties. 17 16A? It AgMINISTRATiVE COST 13RF-AKIDOWN Figures are listed as percentages ACTIVITY 1998/1999 1999/2004 2000/2001 1. Staff Salaries 54 54 54 2. Other Staff' 16 16 16 3. Office Supplies 17 17 17 & Equipment 4. Advertising & 8 8 8 Copying 5. Miscellaneous' 5 5 5 TOTAL 1 100% 100% 100% ' Other staff includes Social Security, regular retirement, health & life insurance, etc. ' Miscellaneous may include encumbrances for studies, surveys, travel, etc. 18 m I�.�'��< -4 rn N 00 - v = 3 J CZ N NA N 1i 1 Mw � �i N NIN 'v O G1O O CDN��Q� m � 4 N WW _ N'N s � � �m SQ,�Q, 5Q� QQQQQ$,�i N m t� Q d �Na O A V1 Ln Ali EJ1 j �Np CA N Q�� O ! NW m N W N 4A N � N N1V411 i � N V O N Co0(A)N O rn o� v rn .1 b,1? 1•i SECTION V TABLES 8 1 6A2 I- i :. zo nr Om m;u r0 --� Z D oro m N l� A N W V W tNp y Z y ca 1 4T CCDCA] Q �. IA moo, � o M n O N N � m co co co co co a) a) o0 m w v, aw rn w ao rn N N N N d p p N < O �r A Ln to D V V► CNl� UNi N N N N O N Q1 Oo O Or �t �R Z � a m Ln a c � , A 'v O; i� C� X m>� D Z M m n c Z G, v m A 4D =m 0 C N (A Z C) a c M O r 0 m C; N 1 A �? , A OD A L n n N N 4a �g IQ Cb . a O Nd A d CD < CD N CD -J co N co -+ CD A N CD M N CD M -+ CD r 1 A �? , A OD A L n n N N A 800 Cb N O O A d CD CD CD N CD -J co N co -+ CD N CD N CD M N CD M -+ CD r D D co A QJ Zm a O tJ� co O '4 ccpp cG N A N � N QD V tj � ►� -� O t1t N N � yy NN tN�► N N V V t j OQ LnY, p Y p Y, tL" t1,tj+ N W 16A2) , i Oil L" m to co N � O A A CD NN N w 41 N N co -+ co W m W co N CD -` co m T W coo N a) -+ co D D D D v' D A o � W A L" W W N N 1 C D D o N 50 to N IQ 0 N OL C O � O O O O lNl+ O v Oa N OD -4 I6A2 TNT N�W .�► $ �A A1i`2 N� A-A Z N�d tpp W O± Q O A O A O O O A O N GND CA co co co ED w CD co co W Q� D D D ;o ;o ;o D A D v' D N J J mY' 4A Ln Y, 0 N N O O a N Ln N N 0 N N b O O O g $ r O ul J .� m N N I 6A Z I,$ V -+ tGt� A A N* - ;a V A y -' � a1 A VNj m Ld 0;o W 111 i W��3j QNp - +0 0�1 W W c9 , O W Ah g "' N O OD O OAD OAD v OV W N ..► W N N -+ W N N -+ N f� i:3 1zi �CD7 m M 00 v �O N OV tWD c00 N V $ -• 8 y Q1 5Y� G1 N V G1 V N N SvA+ O O O O O V N � 9 Q N N � V Mm O mm S03 ego c��.1 m � �o o V1 Uf N O O O t Ol � N C O1 D t D QO N C �a d � Al °Al �3 cb N Q1 16A 2 Il V N to W N J W co ;o N CD M —► co - co -A W m N m N co N a) co z? W m 22 �� co D pp D A D .A D D co to W Gp N Q� O A L" ��ipp� �l�ppa A W w ja t0 SE ow w M � 70 tN11 O N CTS N 0 N N I V t 1 t N v NI fit O N A 16R2j-1 .a H 14 14 O M en T. O IN Z C S Tm N O m T N m D r Z cn m D 0) r m w t g F N Co Qom_; d O X 41 m N N CL 0 d a O N cD C1 C Z O m 1 Units gN Og Ng O � O twgA �$ N O O O Q O O O C O O f V I 1i I I , 16A2,A m z TC N m -� > m A m m z U) i 6A 2 1.10 Retail Trade Q Wholesale Trade Agriculture Service Industry W Construction Government Manufacturing Financial Services n vp 0 r 3mA m ;0 O n r o M -goy Z m CAI 9 Bp P 8 H: a h r J � � a v r a 16A 2 IA ri�� v N Y Y I r m D 3 -< A Z Oo Om 3 Q, m o0 D r c m TABLE 5 162 HOUSING UNIT PROJECTIONS REA 1995 2000 2005 2010 F-nco 104,325 _ 16,124 �— 139,889 16,874 179,910 -- 17,624 � - - -- -" - -- - - -217 197,751 224,515 - 18,374 223 243,112 rr- a a Total _ City of Na les Ever lades Cit -� Y –_ 206 -" 212 County Total 120,655 156,975 Source: Coff"Br County Planning Department. 29 a d N 0 a a 3. (b N v b b Of w N 16A2- i O c U) m O r VI 'v^ D ov r m n O 3 CD r ' ^ Z V+ = J 0 J U � m W J O 0 = U 19A1) 16A2, M co 0 N .e 4 Q 0 . a 0 U 0 U 0 0 — V r` N CD M O O V L) N N O d ti N r r' N cc) o0 �r N r r N e- N LO O Q) LO CD CD M In O O O O O m CO tl- O ` w cyi V 00 0 CD �.. O � r d V Coco LO r M: rl_ m O N ' 00 N 1C� O ;0 40% _ O m co M .- +' Nell- N co r V 00 co `R .- to LO IT LO v Lo o 0 o r o 0 r, 0 cO C 00 w N CD m .- LO (D co O O .L+ cO N O J �` cv 'E o t.L _ 0 0 0 N cn U � F0— 19A1) 16A2, M co 0 N .e 4 Q 0 . a 0 U 0 U 0 0 16A2. SECTION VI HOUSING INCENTIVE STRATEGIES �i Vol -� 16A 2 ORDINANCE NUMBER 94 -31 H AN EMERGENCY ORDINANCE PURSUANT TO THE STATE HOUSING INITIATIVE PARTNERSIIIP (SHIP) PROGRAM; rem m 1H27282930 PROVIDING FOR TITLE AND CITATION, PROVIDING y �p �5 J, FOR CREATION AND ADOPTION OF THE LOCAL p-- FFORDABLE HOUSING INCENTIVE PLAN AS REQUIRED 0 Rr N ['1► r� pe, Y THE STATE HOUSING INITIATIVE PARTNERSHIP H •� HIP) PROGRAM; PROVIDING r s FOR DECLARATION OF � =� ERGENCY; PROVIDING FOR CONFLICT AND Q4'IQ EVERABILITY; A170 PROVIDING FOR All EFFECTIVE T '" Me <00z ATE. O EREAS, the Board of County Commissioners of Collier County, Florida, enacted Collier County Ordinance No. 93 -19 on April 13, 1993, as amended by Collier County Ordinance No. 93 -33 on June 22, 1993, establishing the Collier County Housing Initiative Partnership Program; and WHEREAS, the Ordinances were forwarded to the Florida Department of Community Affairs for approval; and WHEREAS, the Department of Community Affairs has approved the Collier County Local Housing Assistance Plan and the County's participation in the State Housing Initiative Partnership (SHIP) Program; and WHEREAS, the William E. Sadowski Affordable Housing Act enacted on July 7, 1992, Section 420.907, et. seq., Florida Statutes, Chapter 91-37, Florida Administrative Code, as amended, requires each County or eligible municipality participating in the State }sousing Initiative Partnership (SHIP) Program to adopt an Affordable Housing Incentive Plan within twelve months after the date of the adopt-,on of the Ordinance establishing the Local Housing Assistance Program; and WHEREAS, the Affordable Housing Advisory Committee held a public hearing on April 14, 1994 and adopted the final Affordable Housing Incentive Plan for recommendation to the Collier County Board of County Commissioners; and 1WH EREAS, immediate enactment of this Ordinance pursuant to Section 125.66(3), Florida Statutes, is necessary to meet the deadline of June 21, 1994 set by the Department of Community Affairs; and - 1 - 16A2 i WHEREAS, the County risks losing the SHIP funds if immediate enactment is not completed. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Collier County, Florida that: SECTION I: Title and Citation This Ordinance shall be known and cited as the "Collier County SHIP Affordable Housing Incentive Plan ". SECTION.II: Adoption of Housing Incentive Plan The Housing Incentive Plan is hereby created and adopted. A copy of said plan is annexed to this Ordinance and adopted by reference and made a part of this Ordinance. All recommendations provided in the Housing Incentive Plan are subject to adoption by the Board of County Commissioners by Resolution or Ordinance after appropriate public hearings, prior to implementation. SECTION III: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If 'any phrase or portion of this Ordinance, or the particular application thereof,, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION IV: Declaration of Emergency The Board of County Commissioners does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and the Board of County Commissioners, by no less than four - fifths (4 /5ths) vote of the membership of the Board of County Commissioners Of Collier county, Florida, does hereby wai i ve notice of intent to consider the Ordinance. SECTION V: Effective Date A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board of County Commissioners of Collier County, Florida, with the Department of State of the - 2 - State of Florida, its soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners Of Collier County, Florida this 14th day of 7unc, , 1994. ATTEST: B DWIGHT 'E... BROCK, CLEV. ,, C// Approved as to form and legal sufficiency: / I Heidi F. Ashton Assistant County Attorney GM /rj /110 D"OF COUNTY COMMISSIO14ERS IER COUNTY, FLORIDA - 3 - .`eONSTANTINE, Chairman Thij ordinance filed -with the Secretory ckAluiel Cftice th, day o� and f that fail' ^ed day tiJ , ! f: :Ii!/J�llJl� IbA2I_% AFFORDABLE HOUSING ADVISORY COMMITTEE . INCENTIVE PLAN RECOMMENDATION WORKSHEET I 6A 2 I. Name of Local Entity: Collier County II. Incentive Under Consideration: 11 The affordable housing definition in the appointing resolution. III. IV. V. VI. Current Status: The local government currently does not have a program for this incentive. Explanation of Existing Regulation Regarding This Incentive: It is important to have a standard definition of what affordable housing is in order to develop programs that will target very low, low, and moderate income families. SHIP funds in Collier County may be used to provide housing for very"low and low income families. At least 30 percent of the units assisted with SHIP funds must be for very low income families and an additional 70 percent must be for low income families. Under the present definition, affordable housing is a unit with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 30 percent of an amount which represents 50 percent (for very low income), 80 percent (for low income), or 120 percent (for moderate income) of the median adjusted gross annual income for households in the county. Explanation of Advantages /Disadvantages of Changing or Adopting this Incentive: Advantages:_ The Affordable Housing provisions of the Impact Fec Ordinance defines affordability in an identical manner as the Housing element of the Comprehensive Plan, which is defined as housing where the occupant is paying no more than 30 percent of income for gross housing costs, including, for owner - occupied units, principal, interest, taxes and insurance, 4nd for renter - occupied units, rent plus utilities. The use of 30 percent to define affordable is especially useful in maintaining consistency with the private lending industry% The typical underwriting limit used in the private sector for housing costs is usually less than 30 percent of income. The implementation of Collier County's down payment, closing cost and impact fee waiver and deferral programs are greatly facilitated by this definition as the programs function as a public - private partnership. Disadvantages: Not Applicable. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: The definition allows participants in the program to retain a significant portion of their income for other expenses such as medical treatment, child care, food and transportation. Negligible Effects: None Known. Page Two Housing Incentive Plan #1 1 6 A 2 •t 1 VII. Housing Cost Reduction Anticipated from Implementing this Recommendation: None. VIII. Recommendation of Advisory Committee: Definition already in effect. IX. Recommended Schedule for Implementation: Already in effect. �erso�n, Signed: Date: �Chair visory Committee i 1 AFFORDABLE HOUSING ADVISORY COMMITTEE /� INCENTIVE PLAN RECOMMENDATION WORKSHEET 6 A 2 I. Name of Local Entity: Collier County II. Incentive Under Consideration: 12 The Expedited Processing of Permits for Affordable Housing Projects III. Current status: The local government does have a program for this incentive. IV. Explanation of Existing Regulations Regarding This Incentive: Collier County has adopted expedited processing procedures to speed the rezone and approval and permitting, of developments for affordable housing in Ordinance No. 89 -39 adopted July 18, 1989. The affordable housing committee has held discussions with representatives of each of the County development services departments involving additional expedited processing regulations. V. Explanations of Advantages/ Disadvantages of Changing or Adopting of This Incentive. Advantages: Any reduction in time it takes to process a permit for an affordable housing project, whether it is for a ingle home or several hundred units result in reduction in the selling price of the home. Waiting for permits, resubmitting rejected applications and coordinating with multiple regulatory agrnciefi is time consuming. This translates � nto dollars when considering that during this period the land payments and interest are accruing and personnel must be paid to process the permits. Each additional $1,000 in cost resulting from permitting delays will add $2,768 to the cost of the home over the lifetime of the mortgage. (Thirty Years A.P.R. 8 1/2 %) Disadvantdges: If affordable housing projects are further expedited in the permitting process, it is likely that non - affordable developments may take longer to process. VI. Provide an Explanation to as to the Negligible Effect or Benefit to the Public Health, Safety or Welfare. Benefits: Any reduction in the cost of housing makes more housing available to more people, especially those with lower incomes. VII. Housing Cost Reduction Anticipated From Implementing This Recommendation: $2,768 and tip depending on how much additional time can be reduced from the permitting processing time. Page Two }lousing Incentive Plan 12 L A 2 . VIII. Recommendation of Advisory committee: If applying for an affordable housing density bonus which does not involve a rezone, go directly to the Board of County Commissioners for review and approval without requiring public hearing by the Collier County Planning Commission. If rezone is required for affordable housing, set aside two slots at every planning commission meeting for affordable housing issues receiving priority treatment. Decrease the amount of processing fees for rezone applications. Also, decrease fees for site development plans If rezoning PUD for affordable housing, amend section 2.2.20.2.4 of the Land Development Code regarding minimum area required; 10 acres - if affordable housing, no minimum area required. Decrease landscaping requirements and parking requirements for affordable housing projects. Minimize stipulations for approval regarding roadways, traffic lights and other developmental stipulations for affordable housing developments. Develop a model set of PUD plans that are sealed and approved to provide to interested developers of affordable housing developments. IX. Recommended Schedule for Implementation: Ongoing. Signed: Date:_ -� y , Chairp rson, Advisory Committee. ti r AFFORDABLE ROUSING ADVISORY COMMITTEE. INCENTIVE PLAN RECOMMENDATION WORKSHEET 2 6A 2 1 I. Name of Local Entity: Collier County II. Incentive Under Consideration:_ #3 Modif ications ofI.mpzjct Nee Requirements III. Current Status: The local government does have a program for this incentive. IV. Explanation of Existing Regulations Regarding This Incentive: Impact fees for affordable housing are waived or deferrer?, under impact fee ordinances. All impact fees are - ..waived for very low income first time home buyers, 50% are waived and 50% are deferred for low income first time home buyers, and moderate income first time home buyers can receive a 25% deferral of their impact fees. Impact fees for rental housing are deferred for either a six or fifteen year period with various deferral options depending on the percent of very low income and low income tenants. There are repayment requirements and deferrals must be repaid either in six or fifteen years depending on the options ;elected by the developer. Rental projects must be maintained as affordable housing for a minimum of fifteen years under these programs. V. Explanation of Advantages/ Disadvantages of Changing or Adopting This Incentive. Advantages:_ Currently, impact fees** for a single family dwelling unit are between $4,300 - $6,300 depending on where the unit is located within the county. Multi- family impact fees are between $2,300 - $4,300 per unit depending on the the location of the unit within the County. These fees are a substantial proportion of the cost of affordable dwelling units, and any reduction of these fees increases the economic feasibility of providing affordable housing. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety or Welfare. Benefits: A reduction in impact fees will increase the availability of newly constructed housing for very low, lot.-I, and moderate income families. LJ(1 li_gible Effects: None Known. VII. Housing Cost Reduction Anticipated From Implementing This Recommendation: Up to $6,300 per unit is realized from infrastructure impact fee relief. Additional affordable housing could be built with additional impact fee waivers and deferrals. AFFORDABLE HOUSING ADVISORY COMMITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET b A a I. Name of Local Entity: Collier County II. Incentive Under Consideration: #4 The Allowance of Increased Density Levels. III. Current Status: The local government does have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an affordable housing density program as a portion of the Land Development Code. This program provides increased density for housing that is affordable to very low, low and moderate income families. This program has been used for the development of both rental and ownership affordable housing with increased density levels. V. Explanations of Advantages/ Disadvantages of Changing or Adopting This Incentive. Advantages: The affordable housing density bonus program does not need to be amended. The incentives are very good and the procedures are not difficult to use. Disadvantages: Not Applicable. VI. Provide and Explanation as to the Negligible Effect or Benefit to the Public Health, Safety or Welfare; Benefits: The affordable housing density program allow; for additional units which increases the supply of safe, decent affordable housing for very low, low or moderate income f- amilies. Continued marketing of the program should make it more widely used in the future. t Negligible Effects: None. VII. Housing Cost Reduction Anticipated From Implementing This Recommendation: A value of approximately $4,000 - $8,000 per unit is saved as calculated by the cash contribution factor of the affordable housing density bonus program. The market value of the affordable housing density bonus allows reduced rents or reduced land costs for home ownership units. Page Two Housing Incentive Plan 13 VIII. Recommendation of Advisory Committee: 16A241 Collier County should increase the amount budgeted to reimburse the impact fee funds for fifteen year deferrals for affordable housing projects. IX. Recommended Schedule for Implementation: Define funding source and budget funds for granting fifteen year impact fee deferrals for affordable housing for very low and low income families, by December 1994. Signed:- C airpe on, Adviso y Committee Date: . f Page Two Housing Incentive Plan #4 VIII. Recommendation of Affordable Housing Committee: Continue to aggressively market the affordable density bonus program. IX. Recommended Schedule for Implementation: Ongoing. signed:_ — Date: b - 6/' Chair erson, Advisory Committee r� AFFORDABLE HOUSING ADVISORY COMMITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET 16 A 2 1 I. Name of Local Entity: Collier County II. Incentive Under Consideration: 5 The Reservation of Infrastructure CaP city for i{ousing f_or Very _Low and Low Income _. Persons. III. Current Status: The local government does not have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County, as well as other Florida communities, is subject to the provisions of the Growth Management AA' (Florida Statutes, Chapter 163, Part II) which requires that public facilities and services, i.e. "infrastructure" be in place "concurrent" with development:. The result of this requirement is that all new development must be located where existing services are available or where there are funds readily available to provide these services. In Collier County, a final development order cannot be issued for any development unless the following facilities are available in a capacity sufficient to service the future development. • Roads • Drainage • Parks • Water • Sewer • Solid Waste The Collier County Comprehensive Plan, provides the desired level of service for these facilities that must be present in order for development to occur in any given area. For every development order application (including single family permits), ah analysis is made as to whether these facilities are available for thfe new development. The availability of these services, both Row,and in the future, is dependent on the Capital Improvements Program, which is a funding plan based upon anticipated revenues and the estimated costs to provide the services at the desired level of service. The types of infrastructure that are of primary concern for affordable housing is that of potable water and sanitary sewer. These forms of infrastructure are provided by government -owned and private utilities. The capacity of these utilities is closely monitored by the county through the issuance of development orders. Page Two Housing Incentive Flan n5 1.6A2; "% Infrastructure is provided upon demand through density levels. It is the connection fees that is a major cost to any type of development. Due to bond convenants, it is not possible to waive or discount connection fees to any type of development, such as affordable housing. It would be possible to consider emending existing bond convenants, or to provide that future bond convenants allow for a deferred connection payment or a discounted connection fee for affordable housing projects. 1n a deferred situation, the developer would be required to pay the fees at the time of certificate of occupancy rather that plat approval for affordable housing. V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive. Advantages: A. deferral or reduction in the payment for infrastructure connection would result in varied iwivings depending cn tho time of deferral and construction permitting. Disadvantage,_ There would be a minimal impact on the capitalization of infrastructure project funding. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits_ Any cost saving in the provision of affordable hour;.ing should result in a reduction of the sale price of homes, which would benefit very low, low and moderate income families. If Negligible Effects: None known. VII. Housing Cost Reduction Anticipated from Implementipg this Recommendation: Variable depending on time of deferral or discount amount. f" VIII. Recommendation of Advisory Committee: 1. Consider amending existing bond convenants to aIIc•.•, for deferra Is and discounts in the payment of sewer and f,ater utility connection fees. 2. Consider- allowing for deferrals and discounts for affordable housing projects in future bond convenants and for infrastructure connection fees that are not governed by bond convenants (if applicable). IX. Recommended Schedule for Implementation: Consider leclal implications of amending existing bond convenants, by December 1994. Signed: _ Date: C�ip rson, Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTED: INCENTIVE PLAN RECOMMENDATION WORKSHEET 1 6A2 I. Name of Local Entity: Collier County II. Incentive Under Consideration: 16 Transfer of development rights as a financing mechanism for housing for very low income and low income persons. III. Current Status: The local government currently does not have a program foi• this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: None. V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive: Advantage: The Transfer of Development Rights ( "TDR") concept is based on the premise that development rights may be separated from the total "bundle" of property ownership rights of a parcel and traded within the limits of the governmental jurisdiction. The environmentally - sensitive, or other public interest area, from where the development rights may be severed and sold, is called the "sending zone ". The associated area where property owners may purchase the separated rights and use them to increase density on their land is the "receiving zone ". The parcel owners in the sending area receive monetary value for the rights sold and their parcels are restricted to commercial, or agricultural use in perpetuity. i Specifically, the requirement to provide funds for affordable housing could be imposed upon the sender, or receiver of TDR, or both. The magnitude of the contribution could either be a.fixed amount per TDR unit, or a sliding scale which would manifest the concept of a volume discount. In many ways, this mechanism would be analogous to the linkage concept utilized to generate affordable housing funds from the developers of commercial projects. Vi. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. None. VII. Housing Cost Reduction Anticipated From Implementing This Recommendation: Variable depending on density invoicing allowed. Rage Two Affordable Housing Incentive #6 16A2 I'% For example, let us assume that the Affordable Housinq Contribution ( "AHC") would be a flat fee per TDf2 unit. Consequently, anyone desiring to increase the density on a particular parcel would have to pay: 1. the owner of the sending property whatever compensation he, or she deemed appropriate; and 2. an AHC to Collier County in the amount equal to the per unit fee times the number of additional TDR units actually approved on the receiving property. In practical sense, such an approach would likely lead to transfers occurring primarily from the eastern portion of Collier County to the coastal areas. It would, therefore, seem logical that some limit would be required on the TDR, either on the basis of: 1. the establishment of a maximum number of development rights, specifically equal to or greater than, that which could be transferred to any particular property; or 2. a limit on the TDR to certain geographic areas within ten (10) miles; and /or 3. an annual limit for all of Collier County. VIII. Recommendation of Advisory Committee: The TDR concept is just one more planning tool. As such, it could be very effective in protecting open space, agricultural lands and /or environmentally sensitive properties. However, without proper controls, this tool could create an imbalance of development in the coastal areas of Collier County. We believe 4 that a well thought out TDR ordinance could serve. the 'dual purpose or saving sensitive development parcels, while" also serving as a source of funding for affordable housing. . XI. Recommended Schedule for Implementation: Consider developing program by December 1994. Signed • o<? Date: Chairp rson, Advisory Committee AFFURDABLE HOUSING ADVISORY COMMIT'T'EE INCENTIVE PLAN RECOMMENDATION WORKSHEET 1 6 A 2 ^ +� I. Name of Local Entity: Collier County ZI. Incentive Under Consideration: #7 Reduction ofparkina and setback requirements. III. Current status: The local government currently does have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County has reduced parking and setback on low and affordable housing on an individual project basis. V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive: Advantages:_ Not all projects are reviewed as Planned Developments. It is recommended that the Land Development Code be amended to allow for administrative approval of parking and setback relief for all affordable housing projects. DisacLyant,�es: There are some affordable housing projects that do not fit: the mold of most developments - such as elderly housing. Projects for the elderly must either provide excessive amounts of parking or undergo a variance procedure that may or may not allow a reduction. Building the parking or undergoing the variance procedure adds both time and money to the cost of the project. These costs must be borne by the development which must then increase the cost of the units to the recipients. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: The relief of parking and setback requirements can reduce costs of housing and therefore increase the number of available units and lower the final cost of the housing to the occupant. Negligible Effects: None Known. VII. Housing Cost Reduction Anticipated From Implementing This Recommendation: This depend; on the size of the project. Page Two Affordable Housing Incentive #7 VIII. Recommendation of Advisory Committee: 16A21 ` After reviewing the handout regarding the reduction of parking and setbacks requirements and the Collier County Land Development Code, we submit the following recommendations: 1. Allow for elimination of stripping of general parking areas over five spaces or skip spacing (one line for every two spaces). 2. Increase compact car spaces from 25% to 35 %. More and more people are driving smaller autos. The auto industry is gearing itself for additional compact production. Parking should be reflective of this change. 3. Allow for "Multiple Parking Areas" or common lots. 4. Promote the shared parking concept where applicable. 5. Maintain 1.5 parking spaces per unit for multi - family. 6. Allow secondary parking areas to be constructed of a limerock base and surfaced with mulch. This acts as a porous base that assists in drainage and is less costly /expensive to install and maintain. 7. Allow administrative parking variances especially for Senior Establishments. 8. Promote the use of one way streets to reduce paving areas. 9. Reduce right of way widths. 10. Rear and side setbacks of the project should be reduced in cases where the project abuts a similar project. 11. Encourage parallel parking in areas along roadways. XI. Recommended Schedule for Implementation: Signed: Date:_ 6 / Chairper on, Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET 6A 2 I. Name of Local Entity: Collier County II. Incentive Under Consideration: Configurations L8 Allowance of 'Zero -Lot Line III. Current Status: The local government does have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County Land Development Code provides for zero -lot line configurations. For projects that do not ,qualify, there variance procedure available. is a V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive. p g Advantages:. Zero lot line configurations are a creative way to increase the spatial advantages of property so as to allow for better on -site amenities as well as reduce development costs. Disadvantages: Care must be taken to avoid overcrowding of units Of poorly planned site layouts. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: Zero -lot line configurations can reduce costs of housing and therefore increase the number of the available units and lower the final cost of the housing to the occupant. N-�U— - ible- Ef- _fects: None known. VII. Housing Cost Reduction Anticipated from Implementing -this Recommendation: Depends on size of project. VIII. Recommendation of Advisor ` y Committee. Amend the 'boning Ordinance to allow the ad s Of zero -lot line configurations for n'nive approval affordablehousi IX. Recommended Schedule for Implementation: g prO]ccts. Consider amendments by December of 1994. signed: �� •Chair Date:_ p rson Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTEE INCENTIVE PLAN RECOMMENDATION WORKSHEET 1 I. Name of Local Entity: Collier County II. Incentive Under Consideration: #9 Modification_ of Street Setbacks and Sidewalk Requirements III. current Status: The local government does not have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County Land Development Code provides for the modification of street setbacks in general -.-for projects being reviewed in the Planned Development process. Planned Development applications submit a schedule of deviations from the 'Zoning Ordinance, that may include setback requirement-,, as part of the application process. Section 2.7.5.6 of the Land Development Code contains criteria for the approval of the deviat-inn�;. V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive. Advantages: Not all projects are reviewed as Planned Developments. It is recommended that the ordinance be amended to allow for administrative approval of the modification of street setback and sidewalk requirements for certified affordable housing projects. Disadvantages: Care must be taken to retain quality in developments as well as public safety. VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or welfare. Benefits: The modification of street setback and sideway; requirements can reduce costs of housing and therefore increase the number of available units and lower the final cost,of the housing to the occupant. Negligible Effects: None Known. VII. Housing Cost Reduction Anticipated from Implementing this Recommendation: Depends on size of the project. VIII. Recommendation of Advisory Committee: Consider a mechanism where affordable housing projects that are not Planned Developments may obtain administrative relief for street setback and sidewalk requirements provided certain criteria are met. IX. Recommended Schedule for Implementation: Consider zoning amendment by December of 1994. Signed: a- a- 1�T��i,,� Date:` Chairpe son, Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTEE 6 e 2 INCENTIVE PLAN RECOMMENDATION WORKSHEET T1 I. Name of Local Entity: Collier County II. Incentive Under Consideration: 11.0 The esta_bli_hmont of ;1 Process by which a local government considers before adopt_ion1 Policies, procedures ordinances, regulations ,_ or._plan provision F. that have a significant impact on the cost of houSLug III. Current Status: The local government currently does have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: Collier County has adopted an executive summary and fiscal impact statement (ESFIS) . The intent of the ESFIS is to provide more information for the board and affected citizens with regard to the purpose, need and costs of proposed resolutions and ordinances of a regulatory nature. Under the ESFIS, a consistent format is used that requires the first four sections of the ESFIS be completed and approved by the County Commission, prior to the staff drafting any new regulations relating to the Comprehensive Plan and Land Development Code. This pre- review process is aimed at correcting instances where staff uses a great deal of resources in developing proposed regulations, when there is a lack of firm Board direction and consensus as to the need for the proposed regulation. The first four sections of the ESFIS that are required prior to the county directing staff to draft new regulations, does not include information that pertains to the fiscal impacts that the proposed regulations will have on the cost of housing. Fiscal Impact is dealt with in section 5 of the ESFIS. In the past this has resulted in much staff time needlessly expended on ,unpopular proposed housing regulations. V. Explanation of Advantages/ Disadvantages of Changing and Adopting this Incentive. Advantages_ The current process established (ESFIS) should accomplish .its objective. Disadvantage_ The primary fiscal objective of the ESFIS is to determine the fiscal impact on County resources. For the F.S!'IS to function under the intent of the SHIP program, those policies procedures, ordinances and regulations that have a significant impact on the cost of housing, need to be considered in the initial four sections of the ESFIS. Page Two � C A � Housing Incentive Program x'10 vf� VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, of Welfare. None. VII. Housing Cost Reduction Anticipated from Implementing this Recommendation: Varies depending on how regulations can be reduced by this process. VIII. Recommendation of Advisory Committee: The current ESFIS should be amended as follows: 1. what new or changed conditions create the need for implementing this regulation at this time? 2. Does the proposed regulation duplicate, parallel or expand upon any existing local, regional, state or federal regulation? 3. Does the proposed regulation significantly affect the cost of housing. 4. The Housing and Urban Improvement Department will be responsible for _receiving before adoption pol_iciesl Procedures, ordinances regulations or plan provisions to determine if there may be a significant impact on the_c0st of housing and submit findings to the Board of County Commissioners. _ IX. Recommended Schedule for Implementation: Signed: r'- �* Date: rte' Chair erson, Advisory Committee a` INCENTIIVELPLANURECOMMADVISORY ENDATIONCWORKSHEET 6 A 2 1 I. Name of Local Entity: Collier County II. Incentive Under Consideration: x`11 Preparation of a Printed Inventory of _Locally Owned Public Lands Suitable for Affordable Housing. — III. Current Status: The local Government currently does not have a program for this incentive. IV. Explanation of Existing Regulation Regarding This Incentive: None. V. Explanation of Advantages/ Disadvantages of Changing or Adopting this Incentive: Advantages: An inventory of parcels suitable for affordable housing will be classified, maintained and managed. It will return non - revenue generating and non -tax producing properties to a profitable status. It will also stimulate the economy with the production of jobs and help assist the County in providing affordable housing. Disadvantages: If a land bank is to rely on tax delinquent properties, the maximum processing time can take two - five years. Cost in conveying property coupled with quiet title action must be funded. Tax deed sales are unable to give interested parties complete control over the conveyance process due to open bidding at tax sales. .1 VI. Provide an Explanation as to the Negligible Effect or Benefit to Public Health, Safety, or Welfare. Benefits: Adequate sites for affordable housing will increase the supply of housing available for very low, low, and moderate income families. Negligible Effects: Not Known. VII. Housing Cost Reduction Anticipated from Implementing this Recommendation: $3,000 - $10,000 per unit. Land costs reductions from low cost acquisition or donation. VIII. Recommendation of Advisory Committee: 1. Start a land bank program for suitable affordable housing properties. 2. 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I— X X X X X X— i w -- --�j - -i _I- X X X t- - -_ - -; x x I 1_ , 1x x f i XIXI 1 • Xi x�x ID xix o X,x, .+ X X N XI i , -- i I _i_._1 -- x V I I— 1 11 I x i� X X x x a 16421 co ZZ o � m o O :3 n � D r m M CD CD 00 -A CD CD CD Z bA 2 f, rn W r rn �� rn � n � D r rn N O O O c -n 0 m x v m -v v m < a < m M a C Q 1 (<o o (D bn (moo C m n 0 0 3 m �..o <v� CA O N 0 m N 0 7 3 a n O Eh N. dO N X V x X to - x x x x m -k a X x x x x X x x x ,,; „ xxxx -� i - - -- xXxx N -- 1_ - x X x w X x X �x x at ix x 4n X X x to x x - X X N x - +x - -- - I � X N x w o I11_ X A ° f, rn W r rn �� rn � n � D r rn N O O O 16A2 9 -K a rn D r rn o D rn C7 -n c � D r rn N O O O N O O �I-n r n�'0 m di(o mID I� ro A 4 < a c Q m m a s o m n c n ° o ST I n � N _ � R x x a - - -- - - - X -- _ -- X x x b - - - -- - - - - -- - -1 - - -_ Xxxo _ I{ X X x X .J. (I xiX x x I - -I -� x -- X X _. W - - -I -1 X tr I i ( X X pf N x X a ! x xI I- o _ j i II Ili X Ix N 1--1- H-1 -Lk, LI L1- ] � _ _1- � - -- x _ x W -I- - - - - -f - -'�- -1 - -- -1x I G 4 X q a rn D r rn o D rn C7 -n c � D r rn N O O O N O O 16A2�.,w SECTION IX CERTIFICATION CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: COLLIER County /City 16 A 2 .t ilk (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, color, age, sex, familial status, handicap, religion, or national origin. (3) A process for 3clection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) wIII be unable to comply with the provisions the plan. (7) The Local Housin�-1 ;assistance Plan shall provide for the expenditure of'SHIP funds %�lthin 211 months following the end of the State fiscal year in which they are received. (S) The plan confc,rms to the Local Government Comprehensive Plan. or that an amendment to tl:- Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing, .Assistance Plan. (9) Amendrnents to the approved Local Housing_ Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. I 1 1 t Amounts on d, Poslt ill the local housing assistance trust fund shall be invested as permitted b% lacy. (12) The local hous:n <_ assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be fonyarded to the Corporation as soon as available. (13) An interlocal entit�' Shall have its local housing assistance trust fund separately audited for each state fiscal year. and the audit for - warded to the Corporation as soon as possible. 16A2 Page Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIFITC) Program shall comply with the income, affordability and other LIITFC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 13 years for compliance with tenant income requirements and affordability requirements. Witness Chic leered Official %fitness 0111, 12 t4 Atte (Sedl)ttt`'s} Chairwn'S SIC Barbara B. Berry, Chairperson Type Dame and Title /'0 — Date f ppro 'Ad -s to f�nr I6A2, Page 3 Ccrtification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies:. (1 5) Developers receiving assistance from both SHIP and the Low Income Housing "Fax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenth income requirements and affordability requirements. WitrlrsS Witness 0 iZ .at st: y /3� to 0hairmati's si�ra�t;ra �:tls. Barbara B. BerrN1, Chairperson Type Name and Title 122-1, / � /,/- V Date Approved as to fFrm & logli " "!ffi;i��' 1 6A 2 11 SECTION X INTERLOCAL AGREEMENT 164211 SECTION X INTERLOCAL AGREEMENT 4 n h _ INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this a2d' day of April, 1998 by and between Collier Country, a qY political subdivision of the State of Florida, acting by and zr through its Board of County Commissioners .(the "County ") and the City of Naples, a municipal corporation created and existing under the i�3ws of the State o£ F1'o a, acAting by and through its City Counc i. ? (t:he "City ") . WITNESSETH: WHEREAS, Section 420.,9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act" "SHIP "), authorizes moneys in the Local Government Housing Trust Fund (the "Fund ") to be distrii-,uted to approved counties and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined that SHIP funds r_,in be more effectively and efficiently utilized and managed when the County and the City work cooperatively to address the community's affordable housing needs. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual 1 x ' X� pyj f k�ro *�' tai fln IMRO covenants and agreements hereinafter set forth, the parties hereto agree as follows:'..: ,," .�� 1. The City and.the County do hereby agree that the moneys in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes,,shall be allocated between the County and Cit-y as follows: 3 City 10.94% !runty 89.06$ For Fiscal Year, 98 -99 the State allocated 10.94% of the SHIP funds to the City and 89.06% to the County. Therefore, no less than 10.94% of the total allocation will be earmarked for the City of Naples in any given year. These percentages are based upon the January 1998 SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier County and the City of Naples. 2. Unl(rss earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement-. : ;hall run concurrent with the distribution of moneys in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this a�� day of April, 1998 shall expire on the 30th day of June, 2001, unless at such time 1 6A terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation ") to distribute and allocate the moneys in the Fund in accordance with this Interlocal Agreement and authorize the Corporation.to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The moneys distributed will be deposited in the below 1i.iLed Depository Account or Accounts: N7 itions Funk Acct# 0000005193 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account is maintained for the parties hereto they agree to pay their pro -rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remains effective het:•r,er.n the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 6. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agroo, to cooperate in ensuring that the requirements and spirit of the statute are satisfied. ap df k'4.a'i b A a mvi 4 4� 7. The parties 'to this agreement recognize the contributions of the,yjoi�it' ity /County Affordable Housing ,rs .0 . Commission (A11C) and agree toy appoint AHC members to the Affordable Housing Advisory Committee in accordance with the SHIP requirements i.n 920.9072 (2)(b)4. and 420.9076 (2), Florida Statutes and County Ordinance No. 93 -19, as amended. The County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall administration monies from the SHIP allocation. Said admini:'r.3tion allocation shall not exceed 10% of the total SHIP alloca,.ic)n in accordance with 420.9075(6)and County Resolution 9E- ___Z4U The County will establish, administer and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93 -19, as amended and SHIP requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County which are the parties to this Interlocal. Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of r.he next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the �i mvi „,� 4� 4, 16AP, noticing party shall cease to be _a party to this Interlocal Agreement and this Interlocal,Agreement shall terminate and be of ,A no further force or effect ;.as Ito such party„ and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statutes. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 11. Attached to this Interlocal Agreement are copies of the SHIP enabling legislation and the rules promulgated to implement same. Both parties acknowledge that the Statute and rules are incorporated herein as if they were reprinted. 12. Attached to this`'Interlocal Agreement are copies of the Ordinance No. 93 -19, as amended which creates the Collier County Housing Assistance Program,'establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. I 6 - IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. DATED: _'1_ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: AL By: 2, ZDOIGHT E. - ► • .. .� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: H DI S ON ASSISTANT COUNTY ATTORNEY DATED: y / /$�� CITY OF NAPLES, a municipal corporation ATTEST: r By: 1.� L-t- TARA A. NOR N, TY CLERK BILL BARNETT, MAYOR L'LA— �uu coo e. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /f KENNETH B. CUYLE ITY ATTORNEY N 1 6AZ 14"K �'• ORDINANCE NUMBER 93- 111 &'y i.• •`ar AN ORDINANCE PURSUANT TO THE STATE 11OUSI11;T% ;y ()F ST -'TE o INITIATIVES PARTNERSHIP (SHIP) PROGRAM; PROViDi2Jb FOR' INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR `THE CREATION OF THE LOCAL HOUSING TRUST re, —fie FUND; PROVIDING FOR A LOCAL HOUSING PARTNERSHIP; PROVIDING FOR ESTA13LIBIIMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE DESIGNATION OF RESPONSIBILITY FOR IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE LOCAL HOUSING INCENTIVE PLAN ADOPTION; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County adopted the Collier County Growth Management Plan as its Comprehensive Plan on January 10, 1989 pursuant to the requirements of Section 163.3161 et sea., Florida Statutes, and Rule 9J -5, Florida Administrative Code; and WHEREAS, Collier County has attempted to address the problem of lack of adequate and affordable housing for very low, low and moderate - income households in the County and the need for innovative programs to assist in the provision of such affordable housing by including provisions in the Growth Management Plan including objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.3, policy 1.5.4, objective 1.6, policy 1.6.3, objective 2.1, policy 2.1.2, policy 2.1.5 and policy 2.1.6 of the Housing Element; and WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act, outlined in Section 420.907 et. sea., Florida Statutes, and Chapter 9I -37, Florida Administrative Code, as a comprehensive funding package for State and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans. WHEREAS, Collier County has prepared a Housins Assistance i Plan which is consistent with Section 420.907 et_,sea`, Florida J Statutes, Chapter 9I -37, Florida Administrative Code and the Housing Element of the Growth Management Plan of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY C014MISSIONERS OF COLLIER COUNTY, FLORIDA THAT: -1- I6A21 SECTION I. Intent and Purpose A. The intent of this Ordinance is: 1. To make affordable residential housing available for Very Low- income Persons, Low - income Persons or Moderate- income Persons and those Persons Who Have Special Housing Needs. 2. To combine local resources and cost saving measures into a partnership by using private and public funds in order to reduce the cost of housing. 3. To assist in building the organization and technical capacity of Community -based Organizations to optimize the role of Community -based Organizations in the production of affordable housing. 4. To promote innovative financing techniques designed to meet the special needs of Eligible Persons or Eligible Sponsors; encourage developers to construct low -cost housing; and encourage innovative design of Eligible Housing that provides cost savings. B. The purpose of the Ordinance is to accomplish the stated intent by implementing an affordable housing program which will be monitored by the Collier County Affordable Housing Director and the Local Housing Advisory Committee. The purpose of the Local Housing Assistance Program is to better meet the objective, and policies of the Housing Element of the Collier County Growth Management Plan by increasing housing opportunities for Persons Who Have Special Needs and for Very Low - income Persons, Low- income Persons and Moderate - income Persons while providing for the protection of natural resources, and planning for community development and economic growth. SECTION II. Title and Citation This Ordinance shall be known and cited as the "Collier County Housing Initiatives Partnership (SHIP) Program ". i SECTION III. Definitions •f As used in this Ordinance, the terms: A. Adjusted For Family Size - means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility '716 A2 determined as provided in Subsection (14) , Subsection (o) and Subsection (Q) below, based upon a formula established by the United States Department of Housing and Urban Development. B. Adjusted Gross income - means wages, income from assets, regular cash or non -cash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development, Adjusted For Family Size, minus the deductions under Section 61 of the Internal Revenue Code of 1986, as amended. C. Affordable - means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed thirty (30%) percent of that amount which represents the percentage of the median adjusted gross annual income for the households qualifying under the definitions of Very Low - income Persons, Low - income Persons or Moderate - income Persons. D. Award - means a loan, grant or subsidy funded wholly or partially by the Local Housing Distribution. E. Community -based Organization - means a non - profit organization that has among its purposes 'the provision of affordable housing to Persons Who Have Special Needs or Very Low - income Persons, Low - income Persons, or Moderate - income Persons within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one -third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR, Part 92.2 and a community development corporation created pursuant to Chapter 290, Florida Statutes, are examples of Community -based Organizations. i F. Eligible Housing - means any real and personal property located within the County which is designed and intended for the primary purpose of providing decent, safe and sanitary residential units that are designed to meet the standards of Chapter 553, Florida Statutes, for home ownership or rental for Eligible Persons as designated by each county or eligible municipality in 16A21A participating in the Local Housing Assistance Program. G. Eligible Person - means one or more natural persons or a family determined by the County to be Persons Who Have Special Housing Needs, or Very Low - income Persons, Low - income Persons or Moderate - income Persons according to the Adjusted Gross Income of the resident as Adjusted For Family Size. H. Eligible Sponsor - means a person or a private or public for- profit or not - for - profit entity that applies for an Award under the Local Housing Assistance Program for the purpose of providing Eligible Housing for Eligible Persons. 1. Grant - means a distribution of a portion of a Local Housing Distribution to an Eligible Sponsor or Eligible Person to provide assistance under the Local Housing Assistance Program. J. Housing Assistance Plan - means a concise description of the Local Housing Assistance Program adopted by this ordinance with an explanation of the way in which the program meets the requirements of this Ordinance and Sections 420.907 through 420.9079, Florida Statutes. K. "'Loan - means a pledge of Local Housing Distribution moneys to an Eligible Sponsor or Eligible Person to partially finance the acquisition, construction or rehabilitation of Eligible Housing. L. Local Housing Distribution - means the proceeds of the taxes collected under Chapter 201, Florida Statutes, deposited into the local Government Trust Fund and distributed to counties and eligible municipalities participating in the State Housing Initiatives Partnership Program pursuant to Section 420.9073, Florida Statutes. M. Low- income Person - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed eighty (a0 %) percent Of the median annual Adjusted Gross Income for households within the State or 80% of the median Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the County, whichever amount is greater. With respect to rental units, the 16A21-4 low- income person's annual income at the time of initial occupancy may not exceed eighty (804) percent of the State's median income Adjusted For Family Size. While occupying the rental unit, a loan income person's annual income may increase to an amount not to exceed one hundred and forty (1404) percent of eighty (80 %) percent of the State's median income Adjusted For Family Size. N. Metropolitan Statistical Area - means, as defined by the U.S. Census, one or more entire counties economically and socially integrated that have a large population center which meets the following criteria: (1) one central city with 50,000 inhabitants or more; or (2) a central city with at least 25,000 inhabitants provided: (a) that the city's population taken together with that of contiguous places totals at least 50,000 inhabitants and constitutes, for general economic and social purposes, a single community, and (b) the county or counties in which these places are located have at least 75,000 inhabitants. O. Moderate - income Person - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that -is less than one hundred and twenty (1204) percent of the median annual Adjusted Gross Income for households within the State or one hundred and twenty (1204) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within the Metropolitan Statistical Area, within the County, whichever is greater. With respect to rental units, the moderate- income person's annual income at the time of initial occupancy may not exceed one hundred and twenty (120%) percent of the State's median income Adjusted For Family Size. While occupying the rental unit, a moderate - income person's annual Adjusted Gross Income may increase to an amount not to exceed one i hundred and forty (1404) percent of one hundred and twenty (120 %) ,J Percent of the State's median income Adjusted For Family Size. P. Persons Who Have Special Needs - means individuals who have incomes not exceeding those of Moderate - income Persons and, because of particular social, economic or health - related circumstances, may have greater difficulty acquiring or -5- c� � �1 6a2, maintaining Affordable housing. Such persons may Have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing cost; resulting from their unique needs and high risk of institutionalization. Such persons may include, but not be limited to, persons with developmental disabilities; persons with mental illnesses or chemical dependency; persons with acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) disease; runaway or abandoned youth; public assistance recipients; migrant and seasonal farmworkers; refugees and entrants; the elderly; and disabled adults. Q. Very Low- income Person - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed fifty (504) percent of the median annual Adjusted Gross Income for households within the State or fifty (50 %) percent of the median annual Adjusted Gross Income for households within the Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within the County, whichever'is greater. With respect to rental units, the Very Low - income Person's annual income at the time of initial occupancy may not exceed fifty (504) percent of the- State's median income Adjusted For Family Size. While occupying the rental unit, a Very Low - income Person's annual income may increase to an amount not to exceed one hundred and forty (1404) percent of fifty (504) percent of the State's median income Adjusted For Family Size. SECTION IV. Creation of the Local Housing Assistance Trust Fund A. The Local Housing Assistance Trust Fund is hereby created and established. I B. All moneys received from the State pursuant to the State Housing Initiative Partnership (SHIP) Program and any other funds i received or budgeted to provide funding for the Local }Iousing Assistance Program shall be deposited into the Local Housing Assistance Trust Fund. Administration of the Local Housing Assistance Trust Fund shall comply with Rule 9I- 37.008, Florida Administrative code. C. Expenditures other than for the administration and implementation of the Local Housing Assistance Program shall not be made from the Local Housing Assistance Trust Fund. D. Amounts on deposit in the Local Housing Assistance Trust Fund shall be invested according to Collier County investment policies and procedures. All investment earnings shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. E. Until utilized for the purposes thereof, moneys in the Local Housing Assistance Trust Fund shall be held in trust by the County solely for use pursuant to the Local Housing Assistance Program. All Local Housing Assistance Program income, including investment earnings, shall be retained in the Local Housing Assistance Trust Fund and used for the purposes thereof. F. The County agrees that the Local Housing Assistance Trust Fund shall be separately stated as a special revenue fund in the County audited financial statements. Copies of such audited financial statements shall be forwarded to the Florida Housing Finance Agency as soon as such statements are available. .SECTION V. Local Housing Partnership A. The Local Housing Partnership is hereby created and established. B. The Local Housing Partnership shall include, but is not limited to, the County, Community -based organizations, for - profit housing developers, lending institutions, providers of professional services relating to Affordable housing, and service organizations working on behalf of Persons Who Have Special Needs. C. The Local Housing Partnership shall assist in the implementation of the Local Housing Assistance Program in accordance with this Ordinance, Sections 420.907 through 420.9079, 1 Florida Statutes,, and Chapter 9I -37, Florida Administrative Code. SECTION VI. Establishment of the Local Housing Assist,nce Program A. The Local Housing Assistance Program is hereby created and established. 2, B. The contents of the Local }lousing Assistance Program include: (1) this Ordinance entitled "the Collier County loousing Initiatives Partnership (SHIP) Program "; (2) the dousing Assistance Plan; (3) Certifications; and (4) Appendices. Items one through Four of this Subsection B, copies of which are annexed to this Ordinance, are adopted by reference and made a part of this ordinance. C. The Local Housing Assistance Program shall use One Hundred (100) percent of the funds held in trust as follows: 1. The funds may be used to provide the local matching funds in order to obtain federal housing grants for federal programs. 2. The funds may be used to provide for the following capacity building strategies for Community -based organization. a. Operating and administrative expenses. b. Training for real estate development. e. Training for construction project management. ' 3. The funds may be used to implement the following locally - designed strategies: (a) Purchase assistance; ownership opportunities may be created for Eligible Persons through mortgage reductions, and /or low or no interest loans for down payments and /or closing costs. Acquisition /rehabilitation; Very Low - income Persons and Low - income Persons may be awarded funds to acquire existing housing units for renovation. (c) Impact fee assistance; Eligible Persons may be awarded funds for the payment of waivers or deferrals of impact fees for Eligible Housing for Very Low - income Persons and Low- income Persons. (d) Land Acquisition; the County may through purchase or donation acquire land independent r D. J 1 + i6A2, Of a specific project for the express purpose of providing Eligible dousing at a future time. (e) Construction /rehabilitation; (1) the County may provide locally - designed strategies that create or preserve Affordable housing through the construction or repair of homes for Very Low - income Persons and Low - income Persons. (2) The County may seek local developers and contractors and other organizations willing to construct Affordable housing which offer such incentives as the County adopts in its Local Housing Incentives Plan. These incentives may include, but are not limited to, assistance in the construction of the infrastructure for eligible neighborhoods, impact fee credits or payments and /or the purchase of the land by the County upon which construction will occur. (f) The cost of administering this Local Housing Assistance Program shall not exceed five (5k) of the State Housing Initiatives Partnership (SHIP] Program funding, guaranteed from the State of Florida, unless such costs are 0. x increased to a maximum of ten (10 %) by County Resolution pursuant to Section 420.9075 (5), Florida Statutes and any amendments thereto. The County shall coordinate its efforts with financial institutions as follows: 1. The County shall work with banks and savings institutions to meet their obligations under the Community Reinvestment Act (CRA, to affirmatively address the credit needs of the entire community. • i F 1 bA2 1.4 In meeting their obligation, banks and savings institutions shall be encouraged to engage in activities that include, but not are limited to the following: Increase efforts to make loans for home mortgages and home improvements in conjunction with *government insured lending programs such as FHA and VA; make loans with high loan to value ratios when there is private mortgage insurance; provide assistance to existing or emerging Community -based Organizations; extend lines of credit and other financing to Community -based Organizations; and provide a secondary market for Community -based organization development loans. 2. The County shall seek lending institutions to work with Eligible Persons or Eligible sponsors in providing low -cost loans, interest point buy -down programs and other cost - saving mechanisms in order to facilitate home ownership for Very 'Low-income Persons and Low - income Persons and Persons Who Have Special Housing Heeds. E. The County shall provide incentives for the preservation and production of Affordable housing for Eligible Persons including, but not limited to, the donation of land or availability of low -cost land or land -lease arrangements, assistance in the construction of h infrastructure, availability of impact fee credits or deferrals and /or security deposit credits or payments. F. The Local Housing Assistance Program shall include all other lawful objectives not previously listed if said i objectives have been adopted into the housing Assistance Plan in the manner provided by statute. J G. In implementing its dousing Assistance Plan, the County shall: 1. At least thirty (10) days prior to the beginning of any application period, advertise the availability of the Local Housing Assistance Program in vuo E 16 A 2 , newspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. 2. The County shall, in its Housing Assistance Plan, adopt a maximum Awards schedule or system of Awards that comply with the following criteria: (a) At least sixty -five (65 %) percent of all the funds made available in the County shall be reserved for home ownership for Eligible Persons. (b) At least seventy -five (75 %) percent of the total funds shall assist with construction, rehabilitation or emergency repair of Affordable housing. (c) The sales price of new or existing Eligible Housing shall not exceed ninety (90%) percent of the median area purchase price in the area where the Eligible Housing is located as established by the United States Department of Treasury in accordance with Section 3(b)2 of the United States Housing Act of 1937. (d) All housing constructed, rehabilitated or otherwise assisted with the funds provided from the Housing Assistance Plan must be occupied by Very Low - income Persons, Low - income Persons and Moderate - income Persons. At least thirty (30%) percent must be occupied by Very Low - income Persons, and at least an additional thirty (30 %) percent by Low- income Persons. (e) Loans shall be provided for periods not exceeding thirty (30) years, except for deferred project loans or loans that extend beyond thirty (3C)' years which continue to serve Eligible Persons. (f) Eligible rental housing constructed, rehabilitated or otherwise assisted from the Local Housing Assistance Program is reserved for Eligible Persons for fifteen (15) years or the term of assistance, whichever is longer. Eligible Sponsors who offer -11- ' 16A21 rental housing for sale before fifteen (15) years from the date of issuance of the certificate of occupancy or that have unsatisfied mortgages funded under this program must give a first right of refusal to eligible not -for- profit organizations for purchase at the current market value for continued occupancy by eligible recipients. (g) Eligible owner - occupied housing constructed, rehabilitated or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be subject to the recapture provision of the mortgage revenue bond program contained in Section 143(m) of the Internal Revenue Code of 1986. (h) The total amount of monthly mortgage payments or the amount of monthly rent charged by the Eligible Sponsor or his designee must be made Affordable. (i) The cost per unit and the maximum cost per unit for Eligible Housing benefiting from Awards made pursuant to this Local Housing Assistance Program will be established by County resolution. (j) A qualification system for applications for Awards will be established through the Housing Assistance Plan. (k) The staff or entity that has administrative authority for this Local Housing Assistance Program shall annually monitor and determine tenant eligibility and the amount of the subsidy pursuant to the provisions of this Ordinance and State and Federal law. The County, the Local Housing Partnership, and all Eligible Sponsors shall not discriminate on the provision of Affordable housing to Very Low - income Persons, Low - income Persons or Moderate- income 'Persons on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the loan application process for Eligible Housing. I 6A Z 7. The County shall comply with all rules and regulations 0i the Florida (lousing Finance Agency in connection with required reporting of compliance of its housing Assistance Plan. 4. Prior to receiving an Award, all Eligible Sponsors or Eligible Persons shall enter into an agreement with the County, agreeing to comply with the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this Ordinance. In the event of a transfer of ownership of property to an Eligible Person or Eligible Sponsor pursuant to the Housing Assistance Plan, the County shall require a covenant in the deed or mortgage stating the grantee or the mortgagor agrees to comply with the terms of the affordable housing criteria provided under sections 420.907 through 420.9079, Florida Statutes, and this Ordinance, which covenant will run with the land in the case of a deed. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement of the agreement insuring to the benefit of the County. SECTION VII. Designation of Responsfbility For Imol mentation Of The Local Housina Assistance Program. The Affordable Housing Director is designated as the person responsible for the development and implementation of the Housing .r Assistance Plan. Such person shall be responsible for .t l coordinating with the Florida Housina Finance ana.,,-„ ....a facilitating the funding of the State Apartment Incentive Loans (SAIL) and setting up advertisements and workshops to advise potential home buyers of the existence and terms of the housing ♦Assistance Plan. Such person will work with the Local )lousing Advisory Committee and other Affordable housing groups to monitor the success of the Housing Assistance Plan and provide advice and suggestions as to methods for improving the effectiveness of the Housing Assistance Plan from year to year. The total amount paid for administrative expenses in connection with the development and -13- � F— �ibA2, implementation of the Housing Assistance Plan, including any costa of employee salaries and benefits, shall not exceed five (51) percent of the total SHIP funding amount in any given year, unless such costs and expenses are increased to a maximum of ten (10%) percent by County Resolution pursuant to Section 420.9075 (5), Florida Statutes and any amendments thereto. SECTION VIII. Creation of the Local Housing Advisory Committee. A. There is hereby created the Local Housing Advisory Committee (the 'Committee"), whose members shall be appointed by resolution of the Board of County Commissioners with recommendations from the Naples City Council. B. The Committee shall consist of nine members. Five members shall constitute a quorum. The Committee may not take formal actions unless a quorum is present but may meet to hear presentations if duly noticed. The Committee shall include the following: 1. One (1) citizen who is actively engaged in the residential home building industry; 2. One (1) citizen who is actively engaged in the banking or mortgage banking industry; 3. One (1) citizen who is a representative of those areas of labor engaged in home building; 4. one (1) citizen who is designated as an advocate for Low - income Persons; 5. One (1) citizen who is a provider of Affordable housing; 6. One (1) citizen who is a real estate professional. C. Members shall serve for two -year terms and may be re- appointed for subsequent terms. i D. Meetings shall be held monthly for the first year of Committee's existence and quarterly, or more frequently as necessary thereafter. E. The Committee shall comply with the Government in the Sunshine Law, the public records law and the special provisions regarding notice of Local Housing Incentive Plan considerations found in Section 420.9076, Florida Statutes. flinuter, of the meeting will be kept by the Collier County Affordable housing Director and shall be submitted to the Board of County Commissioners and Naples City Council. F. The Committee shall annually elect a Chairman, Vice - Chairman and such other offices as it deems necessary. The Chairman is charged with the duty of conducting the meetings in a manner consistent with law. G. Staff, administrative and facility support for the Committee shall be provided by the Board of County Commissioners and City of Naples. H. The Committee shall have the following duties: 1. The Committee shall review established policies and procedures, ordinances, land development regulations and the Housing Element of the Growth Management Plan of the Board of County Commissioners and Comprehensive Plan of the City of Naples and shall recommend specific initiatives to encourage or facilitate Affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing Policies, procedures, ordinances, regulations or land provisions; the creation of exceptions applicable to Affordable housing; or the adoption of new • policies, procedures, regulations, ordinances or plan provisions. At a minimum, the committee shall make recommendations on affordable housing incentives in the following areas: (a) Affordable housing definition in the i .l appointing resolution. (b) The expedited processing of permits for affordable housing projects. (c) The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment. 116A2, (d) The allowance of increased density levels. (e) The reservation of infrastructure capacity for housing of Very Low - income [persons and Low - income Persons. (f) The transfer of development rights as a financing mechanism for housing of Very Low - income Persons and Low - income Persons. (g) The reduction of parking and setback requirements. (h) The allowance of zero -lot -line configurations. (i) The modification of sidewalk and street requirements. (j) The establishment of a process by which the local government considers before adoption, Policies, procedures, ordinances, regulations, or land provisions that have a significant impact on the cost,of housing. 2. Within nine (9) months from the adoption of the Ordinance, the Committee shall make recommendations approved by a majority of its members at a public hearing concerning the adoption of the Local Housing Incentive Plan. Notice of the time, date and place of the public hearing of the Committee to adopt final affordable housing incentive plan recommendations shall be advertised in a newspaper of general' circulation in the county before the scheduled hearing. The notice of the public meeting must contain a short, concise summary of the affordable housing incentive recommendations to i be considered by the Committee. The notice shall .J also state the public place where a copy of the Committee recommendations can be obtained by interested persons. SECTION IX. Local HouSina Incentive Plan Ado t' Within ninety (90) days after the date of the receipt of the affordable housing incentive recommendations from the Committee .Y 2, and the applicable public hearing, the hoard of County Commissioners shall' adopt by ordinance, the Local Housing Incentive Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners sha11, upon adoption of the Local Housing Incentive Plan, send a copy of the Plan to the Florida Housing Finance Agency by certified mail. SECTION X. Conflict and Sgverabiiit-y, In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION XI. Effective Date. This Ordinance shall become effective thirty (30) days after formal adoption. PASSED AND DULY ADOPTED by the Board of'County Commissioners of Collier County, Florida this /3 day of 1993.** •AF,��;J, "'r• >` BOARD OF COUNTY COMMISSIONERS T., 2,O,BFtOCK� CLERK COLLIER COUNTY, , FLORIDA 'c' :r•';• .,;;:�1•.�(• Off:! • BY ' , �' :•. :t`? URT L. SAUNDERS, CHAIRMAN A 1?RO,U� TO.. FORM AND LEGAL SUFFICIENCY �. H IDI F. AS TON ASSISTANT COUNTY ATTORNEY - and the applicable public hearing, the Doard of County Commissioners shall' adopt by ordinance, the Local !rousing Incentive Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing Incentive Plan, send a copy of the Plan to the Florida Housing Finance Agency by certified mail. SECTION X. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases and their application shall not be affected thereby. SECTION XI. _Effective Date. This Ordinance shall become effective thirty (30) days after formal adoption. PASSED AND DULY ADOPTED by the Board of County commissioners of Collier County, Florida this 13 day of 1993.• ATT BOARD OF COUNTY COMMISSIONERS �QWIGHT•� •�,OpROCK, CLERK COLLIER COUNTY FLORIDA BY: URT L. SAUt7DERS, CHAIRMAN /A I?ROUE �4 TO FORM AND AL SUFFICIENCY ,�Pj LEG FFICIENCY I F. ASHTO TON ASSISTANT ASSISTANT COUNTY ATTORNEY 1 6 A 2 1A Book 109 • Pagc Agenda Item 13 Meeting of 4/15/98 r-- RESOLUTION 98 -8226 A RESOLUTION APPROVING A STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) HOUSING ASSISTANCE PLAN AND AN INTERIAC.AL AGREEMENT WITH COLLIER COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act in 1992, as a comprehensive housing funding package; and WHEREAS, the City has participated in this program since its inception through a partnership with Collier County government; and WHEREAS, it is in the best interest of the City to qualify for SHIP funding and continue the partnership with Collier County through an Interlocal Agreement on the administration of the SHIP Housing Assistance Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That a State Housing Initiative Partnership (SHIP) Housing Assistance Plan and an Interlocal Agreement with Collier County are hereby approved, copies of which are attached hereto and made a part hereof. Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 157H DAY OF APRIL, 1998. Attest: Tara A. Norman, City Clerk -- M: \REF \C0UNCIL \RES \98 -8226 Bill Barnett, Mayor Approved as to form and legality: l.S. Kennet B. Cuy er, Attorney Regular i<lcethig of Wednesday, April 15, 1998 P2�ge a Resolution 10. Consider accepting an undergrounI 61 ty2 -Development Services easement and granting two quit -claim - Continued from 4/1/98 deeds for the previously vacated alley adjacent to the Inn on Fifth, 5`" Avenue South at 7`h Street. Continued to 516198 Regular Meeting/Mernul Van Arsdalell'-0 -Bid #98 -30 11. Award a bid for the construction of a public parking garage on 4`h Avenue South pursuant to April 9, 1998 Bid Opening \ Funding: Community Redevelopment Fund. Continued to 516198 Regular MeetinglHermsl Van Arsdalel7 --0 - Development Services 12. Consider accepting the Florida Department of Transportation (FDOT) Feasibility and Functional Design Study for Count:✓ -wide signal systems including an improved City signal system. Continued to 516198 Regular Meeting/Nermsl Van Arsdale/7 --0 Resolution 13. Consider a State Housing Initiative - Planning Partnership (SHIP) Housing Assistance Plan and related interlocal agreement with Collier County. 98- 8226 /blacKenziel7-lerms /6- 0(Co},le absent) -5 Resolutions 14. Consider correcting the length of terms of -City Clerk Moorings Bay Special Taxing District Advisory Committee Members. 98 -8111 correcting the length of term of Merrill Joh itsoriliVla cKen aelCd }'1 e/7 - -0 98 -8722 correcting the length of term of William Thomas M4 ac enie1Co}-le/7 -0 98 -8223 correcting the length of term of Roger Zit ckerlilta eKen ci e/Coy,l e/7- 0 98 -8124 correcting the length of term of William Kroeschel lliVlacKenueiCoj-lel7 - -0 98 -8225 correcting the length of tern: of George Ehrhard0i McKenzielCoj*.17 -0 ..� 16A2, State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan Program Information Sheet Please complete the following information: LOCAL GOVERNMENT: Collier County CHIEF ELECTED OFFICIAL: Barbara B. Berry, Chairperson ADDRESS: 3301 Tamiami Trail East Naples, Florida 34112 TELEPHONE:(941 ) 774 -8097 FAX:e41 ) 774 -3602 CONTACT PERSON: Greg Mihalic, Director, Housing & Urban Improvement ADDRESS: 2800 North Horseshoe Drive Naples, Florida 34104 TELEPHONE:(941) 403 -2330 FAX:(941 ) 403 -2331 INTERLOCAL AGREEMENT: YES/NO (Ifyes, list other participants in the intcrlocal agreement) City of Naples (The follou-ing it f rnraiiot mast be fw-12ished to the Agelmcy before ory fiords con be disbtrrsed) LOCAL GOVERNMENT EMPLOI'ER FEDERAL ID NUMBER: 59- 6000558 MAIL, DISBURSEMENT TO: Collier County Finance Department - Court Plaza 3 ADDRESS: 2671 Airport Road South Naples, Florida 34112 (3/95) Attention: Kelly Jones 16A309 COLLIER COUNTY LAND DEVELOP.NIF.NT CODE, CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREE,'\IENT FOR SUBDIVISION il\t- PROVEMENTS entered into this day of L 19 ' between (�,t'�,, -pf J,;Nt th gtorL hereinafter referred to as "Developer," and the oard of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the' improvements required by said subdi- vision regulations, said guarantees to be incorporated in a bonded agreement for the construc- tion of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: / / AV'' W �f 1 G►�.•�t�l � / 4fc, Q.1./ X-C Wt Cv = fJirr�.f L,linl 7"Gir r within __z_a _ months from the date of approval said subdivision plat, said improve- ments hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (at- tached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $J6 11O, which amount represents 1010 of the total con• tract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land De- velopment Code, Collier County, may call upon the subdivision perfor• mance security to insure satisfactory completion of the required improve- ments. The required improvements shall not be considered complete u ntil a state ment of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, there• with specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. however, in no Supp. `o. I LDCA:10 APPENDIX A— STANDARD LI-.GAI. DOCUMENTS event shall the Development Services Director refuse preliminary up• proval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. G. The Developer shall maintain all required improvements fora minirnum period of one year after preliminary approval by the Development Ser- vices Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Ser• vices Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Devel- oper's responsibility for maintenance of the required improvements shall continue unless or until the 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 Developer may request the Develop- ment Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for re- view by the Development Services Director. The Development Services Director may grant the request for a reduction in t11e amount of the subdivision performance security for the improvements completed as of the date of the request. S. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Ad• ministrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improve. ments. 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, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WIEEREOF, the Board and the Developer have caused thjs Agreement to be executed by their duly authorized representatives this .. day of y 4' SUPP. No. 1 LDCA:I I 16A3q COLLIER COUNTY LAND DEVELOPMENT CODE SIGNED, SEALED AND DELIVERED IN THE P SEN�p� Printed or Typed Name Printed or Typed Name ATTEST: DWIGHT E. BROCK, CLERK uty Clerk ApPr ved as tq for nd legal sufficiency: --J J ,--- (`--County Attorney igll4t:'^ 0rit Supp. No. 1 LDCA:12 (Developer Name) By: �cJ.4Trrw.aYJ J"vi�.; f/F�t.rUirl Jar. Lon; r✓,py� //- Printed or T—vpcd Name /✓c•7i,r Title BOARD OF COUNTY CONINIISSIONERS OF COLLIER COUNTY, FLORIDA By: Ch an I 6 3 COLLIER COUNTY LAND DEVELOPMENT CODE ONE YEAR MAINTENANCE BOND BOND 1217.913 97 KNOW ALL PERSONS BY THESE PRESENTS; that R•o•M.c., rw. -- Pi -- -.�... ______� (hereinafter referrod to as "CONTRACTOR ") and., •I E_QCIMPANY, 9025 North Lincbemh [jrive, Peoria, Illinois 61615 (hereinafter referred to As "Surety ") are held and tlrmly bound unto Colller County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Thirty Trumnd' one fkyrkva Eift",° 89/L00 _,__ Aollars (5 30,lm.w) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, Armly by these presents, Contractor, Owner and Surety are used for Angular or Plural, as the context requires, THE CONDITION OF THIS OBLIGATION Is such that wereas, the Owner, Waterways Joint Venture, has submitted for approval by the Board a certain subdivision plat named wA IT TW ,,,_ and that certain subdivision shall include specific improvements which are required by Collier county Ordinances and Resolutions ( hereinaftor "Land Development Regulations "). This obligation of the Surety $hall commence on the data this Bond Is executed and shall continue until the dato of final acoeptance by the Board of County Commissioners of the speolfic improvements described in the Land Development Regulations (hereinafter the "Guaranty Period "). Tbis Bond covers the one (1) year maintenance period until inspection and approval by Collier County. NOW, THEREFORE, If the Owner and Contractor shall well, truly and faithfully perform Its obligations and duties In acoordance with the Land Development Regulations during the guaranty period establithed by the County, and the Owner and Contractor shall satisfy all claims and demands Incurred and shall bully Indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's and Contractor's fhllure to do so, and shall reimburse and repay the County all outlay and expense which the County may Incur in making good any default, then this obligation shall be void, otherwise to remain in lull fbroe and effect, PROVIDED, }FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no ohRnge, extension of time, alteration, addition or deletion to the proposed specifio Improvements shall in any way alfbot its obligation on this Bond, and It does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, tltat it is expressly agreed that the Bond shall be deemed amended automatically and ImmWIA161y, without formal and separate amendmentx 16A hereto, so as to bind the Contractor. Owner and the Suroty to the till and futhfal performance in acoordanoe with the Lind Development Regulations, The term "Amendment," whetover used in this Bondi and whaher refening to this Arend, or other documents shall lualude any alteratlon, addition oar modiiloation of any eharaoter whatsoever, IN WITNESS WHEREOF, the parties hereto have caused this to be exacutad this 26th, day of January, 1998 H8 14. - �.J v W mss .D.M.C., IM. 3 WATERWAYS JOINT XMIAME �f Leh �v.f,.r .Ore. �,r,w�"'� nee. � �f Ge..�. -•l i�rf''Er- Jay E. ,Attorney n-Fact and Florida Resident hgent (941)275 -8226 NOTARY AS TO CONTRACTORS STATE OF FLORIDA . COUNTY OF & 0 k t I eR The foreaoln j Instrument was acknowledged before me this .3..,,dey o1M..._.Q�� '100% by &bMj MA 0.40WS.�,ii• Cow @LV%Ad.Adof'R.D.M.C.,' Inc. ►� Is perpon M4 tc M _ or his prodnoed p9•e �� • ' xA4' 1tAALFNB A �AIB [:- v mnx grATE OF FLOR1Da C014iMMN NO. CC38' t co%(Ml56ION . AUG. G,19�8 16A 3 NOTARY AS TO OWNER STATE 0 bA COUNTY OF 11 eQ Tho fbhSoing lamment "knw*190gq)#wM* thlia_dsy of nA&Jll . 199% by 'e of WAlorways point Ysnturo. b tome __ r or hu pmduood NMAV PrUDIUC 9TA OP FLORIDA COMrcOM NO. CMM. 1 AiY CONINJISSION FV. AL'C. 6.1" NOTARY AS TO SURETY; STATE �OF FLORIDA COUN • \ % Of A Em.��rw The fonSoinS Iasstrumsnt %w acknowledSod before me this, day of �,�P9 8by -,., Attx'e�` for the �a� �i, Jay L. wooer. -_ ...,:�,.1fe Sgnij awn to me x or has produced u Idsntlflutlon, �,v► WENDY L. HINGSON _ COMMISSION * CC 637111 lilandY L. , tbtaty.....a..�... CXPIAES MAY 23, 2001 90MMD n+w -44OF VAnANX BONDING CO., INC. t 16A 3 NOTARY AS TO OWNER STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this L7 day of to nAc L` 199$ , by Richard Davenport, as President of Waterways Development, Inc., a Florida Corporation, General Partner of Waterways Joint Venture who is ✓ personally known to me, or has produced _ N rN ry 2 as identification. I Y I $ I 9025 N. Lindbergh Dr. • Peoria, IL 61615 Know All Men by These Presents: 16A POWER OF ATTORNEY • s • 3 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI TSURANCE COMPANY, an Illinois corporation, does hereby make, constitute and appoint D. A. Valenti, Robert Trobec, Stephen E. Schurr, lay E. Woody, Stephen P. Humcnchick, Wendy L. Hingson, Denise A. Madden, jointly or Severally Fort Myers Florida in the City of , State of its true and lawful Agent and Attorney -in -Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any Performance or Payment or Labor and Material or Maintenance or Supply or Bid Bond providing the bond penalty does not exceed Four Million Dollars ($4,000,000). The acknowledgement and execution of such bond by the said Attorney -in -Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the company by the President, Secretary, any Assistant Secretary, Treasurer, Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary and Assistant Secretary, or tea Treasurer - -14 Attorneys -in -Fact or- Agents who shall have authority to issue bonds, policies, or undertakings in the name of the ``Company. The corporate seal is not necessary for tlie validity of any bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation. The fgnature of any such officer and the corporate seal may be printed by facsimile." (Blue shaded area above indicates authenticity) IN WITNESS WHEREOF, the RLI Insurance company has caused these presents to be executed by its President with its corporate seal affixed this 1st day of March. 1996. PNCF �. �� •, C� ,,� RLI INSURANCE COMPANY a�,GQaPORgl� A9: . SEAL President State of Illinois I SS County of Peoria ) ''. • • • • • • • • S L 1 hJ 0 ��•�• On this 1st day of March , 1996, before me, a Notary Public, personally appeared Jonathan E. Michael, who being by me duly sworn. acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI INSURANCE COMPANY and acknowl- edged said instrument to be the voluntary act and deed of said corporation. CERTIFICATE I, the undersigned officerof RLI Insurance Company, a stock corpora. tion of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable: and further- more, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, l have hereunto set my hand and the seal of the RLI Insurance Company this 2.6th, day of . Janliacy , 19" . • RLI INSURANCE COMPANY ota Pu lic By: - 'OFFICIAL SEAL' President KATHY A. YESKE NOTARY PUBLIC, STATE OF ILLINOIS MY C"ISSION EXPIRES 03/22/99 SPA01513/96) 1681 wig RESOLUTION NO. 98- t ()? A RESOLUTION AUTHORIZING TI IE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND /OR NON - EXCLUSIVE, PERPETUAL, ROAD RIGHT -OF -WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE, DRIVEWAY RESTORATION AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR- LANING IMPROVEMEN'rS FOR GOLDEN GATE BOULEVARD BETWEEN C.R. 951 AND WILSON BOULEVARD, CIE NO. 62. WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted Ordinance No. 97 -55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97 -62; and WHEREAS, the four - laning roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard are component parts of the Transportation Element of the County's Comprehensive Plan, and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the four - laning roadway improvements for Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; -Page 1- 1681 mot The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. The road right- of-way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests by casement and /or the fee simple title acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE No. The Board has determined that the construction and maintenance of the four - lining transpor- Cation improvements and related facilities are necessary for a public purpose and is in the best interest of collier County. The construction and maintenance of the transportation improvements and related facilities arc compatible with the long range planning goals and objectives of the Growth ,Management Plan for Collier County. It is necessary and in the best interest of Collier County for the Board to acquire the road right -of -way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests by casement and /or the fee simple title identified in Exhibit "A "; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non - exclusive, road right -of -way, slope, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests easement and/or fee simple title on the properties identified in Exhibit "A ". The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre- qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost - effective manner. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00 /100 Dollars (S100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels, S. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, !teal Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective casements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired road right -of -way, sidewalk, utility, drainage, maintenance, driveway restoration and temporary construction interests by casement and /or fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Office of Capital Projects Management, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro -rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifteen Thousand and 00 /100 Dollars (S15,000.00) or the current purchasing limits established by the Collicr County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. H. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 1661 !g 12. Where the property owner agrees, by sworn affidavit or agreement ( "Purchase Agreement" or "Easement Agreement "), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those casements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owners) of record, in those amounts as shall be speci ficd on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collicr County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collicr County, Florida, said casements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. 14. This Resolution supersedes Resolution No. 96-396. THIS RESOLUTION ADOPTED on this,-2�r da of _�.f Y /.1� , 1998, allcr motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: BA ARA B. BE R 'Y, C V Approved as to form and legal sufficiency: t � Heidi F. Ashton Assistant County Attorney 23298 76 OR; 2428 PG; 0051 RECORDED in OFPICIAL RECORDS of COLLIER COUNTY, PL 06/08/98 at 12:06PN DWIGHT B. BROCE, CLERK REC HE 10,50 COPIES 2,00 Retn: BIT 8991 TY 8990PBR 1 r, l� L r I INTER OFFICE This Instrument Prepared By: Deborah Trim Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 RENEWAL OF SOVEREIGNTY SUBMERGED LANDS LEASE This Renewal of the Sovereignty Submerged Lands Lease is entered into this 20th day of March, 1998, by and between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ( "Lessor "), and the Board of County Commissioners of Collier County a political subdivision of the State of Florida ( "Lessee "). WITNESSETH: WHEREAS, the Lessor did grant to the Lessee, that certain Sovereignty Submerged Lands Lease No 1105342 15, to be effective from April 6. 1993 through April 6, 1998 (the "Lease "); and WHEREAS, the Lease was recorded on August 29. 1995, in Official Records Book 2093, Page 1783, Public Records of Collier County, Florida; and WHEREAS, the Lessee has requested that Lessor renew the Lease and Lessor agre:s to renew the '_ease. NOW, THEREFORE, the Lessor and Lessee agree as follows: 1. Tlie Lease is hereby renewed from April 6, 1998, the effective date of this ]case renewal, to April 6. 2003, the expiration date of this lease renewal. 2. All of the original terms and conditions of the Lease shall remain in full force and effect and binding upon the Lessee throughout the lease renewal period; except for the following: 3. The Lessee, at its own expense, shall record this lease renewal in its entirety in the public records of Collier County within fourteen (14) days after receipt of a fully executed lease by the Lessor and Lessee, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease renewal document in its entirety which contains the Official Records Book and pages at which this lease renewal is recorded. Executed on the day and year first above written. (021 WITNESSES: Original Signature TypecVPrintcd Name of WitneesssL' Origina Signaturc Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF LEON * ** OR: 2428 PG: 0052 * ** 16C BOARD OF TRUSTEES OF TILE INTERNAL IMPROVEMENT TRUST FUND OF TIES STATE. OF FLORIDA (SEAL) lly �- 11 Pam Gerard,f$$W Bureau of Public Land Administralinn, Division of State Lands, Agent for the Board of'rrustecs of the Internal Improvement Trust Fund "LESSOR" The foregoing instrument was acknowledged before me this Pam Gcrard. �* b �_ day of �' �/i 19, by Bureau of Public I and Administration Dio of State ands as at nt for and on behalf of the B�oOaprdaof�irr�ur�sgtees of the Internal Imnro% ement Trust Fund of the 'State of Florida rda. who is personally known to me, AP RP OVED AS TO FOR. A`D LF�GA�I j� 7 � / t il1llr c* Notary Public, State of FI ida DEP A I I orn13l ArlEST: WITNESSES: DWI-',,4T E. BROCK, CLERX J Orig-na,SigEmattute �` t v,- -� only, y'� ;� Typedr'Printcd lame of Witness Printed, Typed or Stamped Namc.A "•.!` My COMMtSS10N r CC671555 EYDUri 5 Septemter J, 1001 My Commission Expires: .1,jA1Kt 114 contnission /Serial No. Board of County Commissioners of Collier County, a olitical subdivision of the State of Florida BY�Origin Signaturc o Gxccu tg Auth ity Barbara Berry "IyPed ,'Printed Name of Executing Authority Chairman Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF HLRID} COUNTY OF 0 LIIR ;ritnesstacl Frd ��77 The foregoing instrument was acknowledged before me this - nth day of !�' Barbara Be rry as Chairman, 1'or and on behalf of the Board of County Commissioners of Collier llier Count, a political subdivision of the State of Florida. She is personally k1 �n me or who has produced identification. as My Commission Expires: Notary Public, Stat ofd" /or/d�, [,lam Commission,Scrial No, Printed, Typed or Stamped Name VW SUE Pace 2 of 2 Pages f 7� M Ito% won: a000� Sovereignty Submerged Land Lease No, 110534215 An I 6 1 AMENDMENT BETWEEN THE STATE OF FLORIDA AND COLLIER COUNTY THIS AMENDMENT, entered into between the State of Florida, Department of Community Affairs (the Department), and Collier County, herein referred to as the "Amendment" amends Agreement (the "Agreement ") Number 98CP- 3V- 09 -21 -22 -005. WHEREAS, pursuant to Article IV, MODIFICATIONS, either party may request changes to the Agreement; and WHEREAS ARTICLE IX, STANDARD CONDITIONS, provides that the County agrees to be bound by the provisions included in the Standard Conditions attached to an incorporated by reference in this Agreement; and WHEREAS, the parties to this Agreement concur that the following modifications need to be made to Article II, COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS: C. The payment of the percentages of the fixed fee amount will be ;Wade on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. Fifty (50) percent of the hazards analyses shall be received by the Department not later than June 1, 1998 except that a later date may be agreed upon in writing by both parties to this Agreement. The final fifty (50) percent sha11 be received by the Department not later than August 1, 1993. Absent any extenuating circumstances, and except as otherwise provided in this Article, work submitted after August 1, 1998 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment C). The County shall submit an Attachment C, for payment tha: is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment C, for the twenty -five (25) percent final payment, to the Department with required corrections to the hazards analyses within for*:y -five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable. The county emergency management director, or an ON 160 1 official designated in writing by the director, shall sign the Financial Invoice (Attachment C). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of Article IV, Amendments A, B and D, and this Article. E. In the event that the County submits less than fifty (50) percent of the hazards analyses on June 1, 1998 or on August 1, 1998, then the payment due on each occasion shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. F. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. G. The Department shall immediately notify the County by Certified Mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. 2 WHEREAS, the parties to this Agreement concur that the modifications need to be made to Attachment A, SCOPE OF WORK AND SCHEDULE OF PAYMENTS, HAZARDOUS MATERIALS SITE - SPECIFIC HAZARDS ANALYSES. (The entire modified Attachment A follows). Attachment A I. DESCRIPTION OF WORK I bD 1 I TASK 1: Review and Update of Hazards Analyses A. Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State Emergency Response Commission (SERC) that they have present those specific Extremely Hazardous Substances (EHSs) designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ). It is required that each Attachment B facility be contacted by written survey, telephone or on -site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Hazard Identification a. Location of the facility and SERC Code b. Chemical identities C. Type and design of storage container or vessel d. Maximum quantity on -site and amount in largest vessel (or interconnected vessels) e. Nature of the hazard f. Transportation routes to the storage facility g. Evacuation route(s) directions from the Vulnerable Zone (VZ) based on wind direction 2. Vulnerability Analysis a. The extent of the VZ that may be affected give; a worst case release scenario. This analysis shall include a map and a north arrow with a specific scale (bar, numeric, or word) which clearly identifies the site and VZ boundaries and, where necessary, an awareness of contiguous states or counties that would be affected by a spill or release. b. Identification of critical facilities or sensitive institutions located within the VZ and an estimate of each critical facility maximum expected occupancy. 3 1 bU 1 C. An estimation of the total exposed population within the VZ. (This total should reflect the combined total of critical facility maximum populations plus the residential /commercial population within the VZ.) 3. Risk Analysis a. Probability of release b. Severity of consequences of human injury C. Severity of consequences of damage to property d. Severity of consequences of environmental exposure e. Historical Accident Record B. Identify and list those facilities in Attachment B for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate county location, if known). 3. Facility does not have EHSs on -site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; and b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 2: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: ��. Notification of the County's contact person, address, telephone number and software utilized within thirty (30) days of the execution of this Agreement, as outlined in Article IV. 3. Submission of one completed hazards analysis by December 31, 1997 for review for consistency with the established planning criteria. 50 160 1 C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. D. Submit a list of facilities in the County believed to have present EHSs as designated by the EPA in quantities at or above the TPQ, but have not reported to the SERC and are not included on Attachment B. E. Votify response agencies within the County of the availability of hazards analyses information and make information available upon request. TASK 3: On -Site Visits A. Conduct a detailed on -site visit for at least thirty -five (35) percent of the facilities listed in Attachment B, to confirm the accuracy and completeness of information in the hazards analysis (Task 1). Prioritize the facilities to be visited based upon the following criteria: 1. New facilities as evidenced by the "Date Notified" column on Attachment B. 2. Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receives an on -site visit. This will allow for the achievement of the 100 percent on -site visitation goal desired by the SERC. B. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale C. List facilities on Attachment B for which an on -site visit: was performed for the required thirty -five (35) percent. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. 5 16D 1 II. SCHEDULE OF PAYMENTS A. The first payment of twenty (20) percent of the fired fee amount may be made within thirty (30) days of the execution of this Agreement dependent upon receipt of items listed in Article IV.B. of this Agreement. B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B submitted and approved as indicated on Attachment C, Financial Invoice. C. Twenty -five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, within the time frames provided in this Agreement. 9 16D 1 t WHEREAS, the parties to this Agreement concur that the modifications need to be made to Attachment D. (The entire modified Attachment D follows). Attachment D Provide the following information for each facility listed in Attachment B. 1.0 Facility Information 1.1 Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and /or address compared to the Attachment B listing. 1.2 Facility Emergency Coordinator Provide the name, title and telephone number (including 24 -hour) of the designated facility coordinator. 1.3 Transportation Routes List the main routes used to transport chemicals to and from the facility. 1.4 Evacuation Routes Based on wind direction, identify the route(s) to exit the largest VZ. 1.5 List of all EHSs On -site Provide a list by Chemical Abstract Service (CAS) number of all EHSs used, produced, or stored at the facility. 1.6 Facility Identification SERC Code and geographic coordinates (latitude and longitude). 2.0 Hazard Identification Provide the following information for each EHS at or above the TPQ at the facility 2.1 Chemical Identity Provide proper chemical name, CAS number and natural physical state of each EHS according to Exhibit C of the Technical Guidance for Hazards Analysis. VA 16D 1 2.2 Maximum Quantity On -site Express in pounds the maximum quantity of each EHS the facility would have on -site at any given time. 2.3 Amount in Largest Vessel or Interconnected Vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. 2.4 Type and Design of Chemical Container Indicate the storage method for each EHS, i.e., drum, cylinder, tank, and their respective capacities. 2.5 Nature of the Hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. 3.0 Vulnerability Analysis 3.1 Extent of the Vulnerable Zone (VZ) Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. 3.2 Critical Facilities List facilities and their populations within the VZ which are essential to emergency response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. 3.3 Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would be affected in a worst case release. 3.4 Estimated Facility Population Provide an estimate of the number of employees for the facility. 8 160 1 4.0 Risk Analysis 4.1 Probability of Release Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. 4.2 Severity of Consequences of Human Injury Rate the severity of consequences if an actual release were to occur. 4.3 Severity of Consequences of Damage to Property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. 4.4 Severity of Consequences of Environmental Exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. 4.5 Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). All other provisions not inconsistent with this amendment shall remain in full force and effect. J 16D 1 TERMS AND CONDITIONS IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their undersigned officials as duly authorized. FOR THE COUNTY: COLLIER COUNTY BY: A horized C o A t 0 ►c►a Barbara Berry, CHAIRMAN Board of County Commissioners Name/Title Date: 59- 600055& Federal Employer ID Number DWIGHT E. BROCK, CLERK B (Del uty i *)S Approved as to Form and Legal Sufficiency Thomas C. Palmer, Assistant County Attorney 10 FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Aut rized Departme Official JOSEPIi F. MYERS, DIRECTOR DTYTSTON OF FMFRf'FN['Y MANAGEHE1T Name /Title Date: /5- �iV E ;.::.ID, 1„ Date: April 30, 1998 To: Ken Pineau, Director Emergency Management From: Maureen Kenyon, Supervisor Minutes & Records Department Re: Agreement regarding the Development of a Unified Mitigation Strategy Enclosed please find the original document referenced above and approved by the Board of County Commissioners on April 28, 1998, (Agenda Item #16D2). Please forward the agreement to the Department of Community Affairs for the required signature and upon completion, kindly return one fully executed original document to Minutes & Records . If you should have any questions, please contact me at: 774 -8399. Thank you. Enclosures Contract Number: 98 -LM -4H -0921 -01 -011 CONTRACTUAL SERVICES AGREEMENT THIS CONTRACTUAL SERVICES AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Collier County (hereinafter referred to as the "Contractor "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Federal Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding for the preparation of a Statewide Mitigation Strategy project, including the development of Local Mitigation Strategies and pre - identification and prioritization of HazardMitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and B. WHEREAS, the Contractor represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the Local Mitigation Strategy services identified herein, and does offer to perform such services; and C. WHEREAS, the Department has a need for such services in order to formulate the Statewide Mitigation Strategy, and does hereby accept the offer of the Contractor upon the terms and conditions hereinafter set forth. [remainder of page intentionally left blank] 16020% NOW, THEREFORE, the Department and the Contractor do mutually agree as follows: SCOPE OF WORK. The Contractor shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement, to the satisfaction of the Department. The determination of satisfactory performance shall be at the sole discretion of the Department. 2. INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Contractor and the Department shall be governed by applicable State and Federal laws, rules and regulations. PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end August 31, 1999, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. No deliverables shall be accepted after August 31, 1999 and no request for payment nor invoices shall be accepted after September 30, 1999. 4. MODIFICATION OF CONTRACT, Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement All refunds or repayments to be made to the Department under this Agreement are to be made payable to the "Department of Community Affairs," and mailed directly to the Department at the following address: Cashier, Department of Community Affairs Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 2 160210 a. All original records pertinent to this Agreement shall be retained by the Contractor for three years following the date of termination of this Agreement or the submission of the last deliverable, whichever is later, with the following exceptions: (1) If any litigation, claim or audit is started before the expiration of the three- year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings are resolved. (2) Records for the disposition of non - expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. (3) Records relating to real property acquisition shall be retained for three years after closing of title. b. All records shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment A - and all other applicable laws and regulations. C. The Contractor, its employees or agents, including all subcgntractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited 3 16D2 0 , to, auditors retained by the Department. 6. REPORTS. a. The Contractor shall provide the Department with the reports identified in Attachment A, in accordance with the dates specified therein. b. If all required reports and copies prescribed above are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Contractor if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Scope of Work. C. Upon reasonable notice, the Contractor shall provide such additional program updates or information as may be required by the Department. 7. MONITORING. The Contractor shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work are being accomplis4ed within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. 8. LIABILITY. a. Except as otherwise provided in subparagraph (b) below, the Contractor shall be solely responsible to parties with whom it shall deal in carrying out the terms of 4 1602!f this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, the Contractor agrees that it is not an employee or agent of the Department, but is an independent contractor. b. Any Contractor who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Contractor to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 9. DEFAULT: REMEDIES TERMINATION. a. If the necessary funds are not available to fund this Agreement as a result of action by the Legislature, the Office of the Comptroller, FEMA, DOE, or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate. The Department may, at its option, exercise any of the remedies set forth herein and the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 5 16D? (1) If any warranty or representation made by the Contractor in connection this Agreement shall at any time be false or misleading in any respect, or if the Contractor shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (2) If any material adverse changes occur in the financial condition of the Contractor at any time during the term of this Agreement as indicated by the financial condition revealed in any reports filed or to be filed with the State of Florida or another source, and the Contractor fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (3) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information. (4) If the Contractor has failed to perform and complete in timely fashion any of the services required under the Scope of Work (Attachment A). b. Upon the happening of an Event of Default, the Department may, at its option, upon written notice to the Contractor and upon the Contractor's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 2 16D2adf (1) Terminate this Agreement, provided that the Contractor is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail (first class), postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph 10 herein; (2) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (3) Withhold or suspend payment of all or any part of a request for payment; (4) Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Contractor to determine the reasons for or the extent of non - compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Contractor to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Contractor to reimburse the Department for the amount of costs incurred for any items determined to be noncompliant; and (5) Exercise any other rights or remedies which may be, otherwise availabl;, under law. The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Causes shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Contractor to 7 1602104 permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. d. Suspension or termination constitutes final agency action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative proceeding rights and applicable time frames. e. The Contractor shall return funds to the Department if found in non - compliance with laws, rules and regulations governing the use of the funds or this Agreement. f. This Agreement may be terminated by the written mutual consent of the parties. It is agreed that such mutual consent shall not be unreasonably withheld. In the event of termination Contractor may be paid for all noncancellable costs and obligations incurred in performance of this Agreement. g. Notwithstanding the above, the Contractor shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Contractor. The Department may withhold any payments to the Contractor for purpose of set -off until such time as the exact amount due the Department from the Contractor is determined. 10. NOTICE AND CONTACT. a. All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. D I6D2W1. b. The name and address of the Department contract manager for this Agreement is: Daniel Arlotti Department of Community Affairs 2555 Shumard Oak Boulevard. Tallahassee, F1 32399 -2100 The name and address of the Representative of the Contractor responsible for the administration of this Agreement is: Robert Fernandez, Administrator Collier County Board of Commissioners 3301 East Tamiami Trail Naples, F133962 d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in 10.a. above. 11. OTHER PROVISIONS. a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Contractor in this Agreement, in any subsequent submission or response to the Department's requests, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and within thirty (30) days written notice to the Contractor, cause the termination of this Agreement and the release of the Department from all its obligations to the Contractor. E 16D2810 b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. C. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Contractor shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Contractor. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. d. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Contractor agrees to comply with the Americans With Disabilities Act (Public Law 101.336, 42 U.S.C. Section 12101 etet sect), if Applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. f. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide 10 1602wo any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact business with any public entity in excess of Category Two ($15,000 in September, 1996) for a period of 36 months from the date of being placed on the convicted vendor list. 12. SUBCONTRACTS. a. If the Contractor subcontracts any or all of the work required of the Contractor under this Agreement, the Contractor agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations and the terms and conditions of this Agreement, and (ii) the subcontractor shall hold the Department and Contractor harmless, consistent with Paragraph 8 of this agreement, against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. b. This Agreement contemplates subcontracts with municipalities within the Contractor's county. Attachment A describes items to be included in the Scope of Work for those subcontracts. The Scope of Work for subcontracts shall not be modified without written authorization from the Department. The contractor shall provide copies of those subcontracts with the municipalities to the Department within ten (10) days of execution. 11 16D2400 13. TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. 14. ATTACHMENTS. a. All attachments to this Agreement are incorporated as set out fully herein, b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. C. This Agreement has the following attachments: Attachment A - Scope of Work Attachment B - Federal Lobbying Prohibition Attachment C - FEO Standard Conditions Attachment D - Critical Facilities Listing Attachment E - Funding Allocation 15. FUNDING /CONSIDERATION. This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $108,000. The amount allocated for each subcontract is provided in Attachment E - Funding Allocation. Payment will be made in accordance with the provisions of Attachment Ai- Scope of Work. The Contractor shall be paid an amount equal to 10% of each subcontracting municipality's allocation from the Department (the administrative fee), to compensate for the expenses of administering the subcontract. In the event that a municipality declines to participate through the subcontract, the Contractor will not receive the administrative fee for that municipality but the Contractor may retain 50% of the municipality's allocation from the Department, to compensate for costs associated with hazard identification and vulnerability assessment. If the Department determines it necessary, the parties agree to amend this Agreement following the first contract period, and 12 16D2"1 identification of participating and non - participating municipalities, in order to reflect the revised contract amount representing the revised total allocation to the Contractor. 16. STANDARD CONDITIONS. The Contractor agrees to be bound by the following standard conditions: a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. b. This agreement is not renewable. C. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. d. Travel expenses are included in the total compensation provided herein and shall not be separately compensated. e. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the Contractor in conjunction with this Agreement. f. The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized 13 60 2 *00. aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 17. STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 18. COPYRIGHT. PATENT AND TRADEMARK a. If the Contractor brings to the performance of this Agreement a pre- existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Contractor shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Contractor shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. C. Within thirty (30) days of execution of this Agreement, the Contractor shall 14 disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph b, have the right to all patents and copyrights which occur during performance of the Agreement. The Contractor shall be granted a royalty-free nonexclusive license to use patented or copyrighted material for research or educational purposes. 19. LEGAL AUTHORIZATION. The Contractor certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Contractor also certifies that the undersigned possesses the authority to legally execute and bind Contractor to the terms of this Agreement. 20. VENDOR PAYMENTS. Pursuant to Section 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within forty (40) days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. 15 Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (904) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. FOR THE COUNTY: COLLIER COUNTY BY: A thori Barbara B. Berry, Chairman Board of County Commissioners Name/Title Date:�� SAMAS Number 59- 6000558 :, .-.Federal Employer ID Number DWIGHT E. BROCK, CL B Yom/ .. Attest n signa re only, trve.1 as to Form and Legal Sufficiency Thomas C. Palmer, Assistant County Attorney t� FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Authorized Department Official Name /Title Date: w ATTACHMENT A SCOPE OF WORK LOCAL MITIGATION STRATEGY Purpose 1602 ut The Contractor shall develop a Local Mitigation Strategy (the LMS) using the Department of Community Affairs'(DCA) publication The Local Mitigation Strategy: A Guidebookfor Florida Cities and Counties, hereafter referred to as "the Guidebook " as well as other applicable guidance. Contractor shall solicit municipal participation in this process, through subcontracts with each municipality within the county, in order to• achieve a single unified, LMS. Subcontracts with Municipalities The Contractor shall solicit the participation of each municipality in the county, in the preparation of a single, unified Local Mitigation Strategy, by written communication to the Chief Administrative Official of each municipality. That communication shall reference the Department's notification to the Contractor and the municipalities regarding the Local Mitigation Strategy and shall advise of the availability of the Local Mitigation Strategy funding for the municipality, in an amount identified by the Department. The communication shall include a subcontract between the Contractor and the municipality for the municipality's review and execution. The subcontract shall include appropriate terms and conditions and a scope of work supplementing the Contractor's work, as described hereafter. The Contractor shall supply to the Department copies of executed subcontracts with municipalities within ten (10) days of execution. The Contractor shall be paid an amount equal to 10% of each subcontracting municipality's allocation from the Department (the administrative fee), to compensate for the expenses of administering the subcontract. In the event that a municipality declines to participate through the subcontract, the Contractor will not receive the administrative fee for that municipality but the Contractor may retain 50% of the municipality's allocation from the Department, to compensate for costs associated with hazard identification and vulnerability assessment. If the Department determines it necessary, the parties agree to amend this Agreement following the first contract period, and identification of participating and non- participating municipalities, in order to reflect the revised contract amount representing the revised total allocation to the Contractor. Payment and Deliverables Schedule This is a fixed -fee contract. The Department will pay compensation at the end of each contract period, based on completion of activities identified in the scope of work, the submission of all deliverables listed below within the scheduled time frame, and a determination by the Department that Contractor has satisfactorily completed the pertinent activities and deliverables. At the end of 17 26a�.*f Attachment A - Scope of Work Local Mitigation Strategy the first contract period the Contractor may be paid 20% of the total contract amount, 20 % at the end of the second contract period, 40% at the end of the third contract period, and the remaining 20% of the total contract amount at the end of the fourth and final contract period. Contractor shall submit all deliverables in a typewritten and bound format. The final deliverable shall be a compiled Local Mitigation Strategy document. All submissions to the Department shall be addressed to the Department Contract Manager. Contractor shall provide three (3) copies of all deliverables. I. l st Contract Period - Deliverables due June 30 1998 On or before June 30, 1998, Contractor shall, as discussed in Sections 1 and 2 of the Guidebook, establish a Working Group to oversee the development of the local mitigation strategy, and designate a contact person for this group. Broad representation of interests should be evident in the membership of the Working Group. It should include local government representatives, citizens, and adjacent community representatives, representing a broad range of interests, organizations and agencies. The Working Group shall include a representative from each subcontracting municipality, and should include a representative of each municipality, regardless of whether the municipality enters into the subcontract. Contractor shall establish a regular meeting schedule for the Working Group, providing, at a minimum, for quarterly meetings of the Working Group. Subcontracts with municipalities shall provide for municipal participation in the Working Group by at least one representative from the subcontracting municipality and shall designate that person or persons. The designated municipal representative(s) shall be responsible for supplying information required from the municipality by the terms of this Scope of Work and the terms of the municipal subcontract. A. On or before June 30, 1998, Contractor shall provide the Department with the following deliverables: 1. A listing of all executed subcontracting agreements between the Contractor and participating municipalities, identifying the municipal contact person for each subcontract. Contractor shall also provide a listing of those cities that have elected to have the county complete planning efforts associated with the development of the Local Mitigation Strategy, and a listing of those municipalities that have elected not to participate in the LMS process. 2. A listing of Working Group members, identifying the name and affiliation of each member, and identifying the Working Group contact; 3. A schedule of Working Group meeting dates; 4. Minutes from all Working Group meetings held during this period. B. On or before June 30, 1998, Contractor shall, as discussed in Section 1 of the Guidebook, identify and list procedures to resolve conflict between governmental entities that may arise from the development of the Local Mitigation Strategy. The Working Group may use the processes included in the Intergovernmental Coordination Element of each local government 18 b02wit, Attachment A • Scope of Work Local Mitigation Strategy Comprehensive Growth Management Plan, or other appropriate alternatives. Contractor shall submit the listed procedures to the Department on or before June 30, 1998. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these procedures. C. As discussed in Section 3 of the Guidebook, establish evaluation criteria and procedures to regularly review, update and revise the Local Mitigation Strategy to ensure it remains current and reflects changing conditions within the community. Evaluation criteria and procedures shall provide for review, update and revision activities using a Working Group established and populated as provided herein. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these criteria and procedures. Written evaluation criteria and procedures shall be submitted to the Department on or before June 30, 1998. D. As outlined in Section 4 of the Guidebook, initiate development of the Community Guiding Principles. First, identify and list government entities that perform hazard mitigation functions, including those at the federal, state, regional and local levels. List the functions that these agencies provide. List and describe all existing county, regional and municipal policies, ordinances, and programs that affect hazard mitigation activities, including, but not limited to, those found in the pertinent local government Comprehensive Growth Management plans, comprehensive emergency management plan, the emergency management 5 -year strategic plan, local floodplain ordinances, stormwater management plan policies, and local building codes. Finally, evaluate these existing mitigation policies, ordinances and programs to determine their effectiveness at reducing the potential for loss of life and property as a result of a disaster. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of these Community Guiding Principles. Municipal subcontracts shall also require that the municipality submit the following to Contractor reasonably, as determined by the Contractor, in advance of the Contractor's June 30, 1998 submission to the Department: 1. The listing of municipal agencies and the mitigation functions they provide. Include a narrative description of how these agencies help reduce losses from hazards. 2. The listing of existing municipal policies, ordinances and programs that affect mitigation; 3. An evaluation of existing municipal mitigation policies, ordinances and programs, describing their effectiveness at reducing losses of life and property. The Contractor shall compile comparable information for unincorporated areas of the County, and combine it with information submitted by or pertaining to all municipalities, for submission to the Department by June 30, 1998. 19 1602 01. Attachment A - Scope of Work Local Mitigation Strategy II. 2nd Contract Period - Deliverables due by October 311 199$ As outlined in Section 4 of the Guidebook and drawing from the evaluation of existing mitigation policies ordinances and programs completed in the previous contracting period, provide the following to DCA by October 31, 1998: A. A single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation. B. An analysis of how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of the community. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the development of the single list of mitigation goals and objectives and in the analysis of the strengthening of policies, ordinances and programs. C. Begin hazard identification and vulnerability assessment activities as outlined in Section 5 of the Guidebook and as described in the Hazard Identification and vulnerability Assessment supplement. Provide the Department, by October 31, 1998, with an inventory of the data which will be gathered by the county and participating municipalities. Identify responsibilities for collecting all data and identify potential data sources. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the county-wide hazard identification and vulnerability assessment activities and, in particular, be responsible for assist -i, the identification ofmunicipal data sources and the provision oJ' all municipal data and data regarding municipal facilities necessary for performance of the Hazard Identification and Vulnerability Assessment. D. As outlined in Section 2 of the Guidebook, identify private sector interests who would benefit from participation in the LMS process and identify how private sector involvement in LMS activities will be accomplished. Establish contact with relevant interests in the local business community and appropriate citizen groups to foster, encourage and obtain their participation. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of private sector interests and methods for private sector involvement. Submit the following to the Department by October 31, 1998: 1. Identify the private sector interests that are participating in the LMS process. 2. Identify roles and responsibilities to strengthen private sector involvement in the LMS process. E. As discussed in Section 1 of the Guidebook, by October 31, 1998, submit to the Department procedures to prioritize both municipal and county mitigation initiatives. Include how the LMS Working Group will use hazard identification and vulnerability assessment data to 20 1602019 1 Attachment A - Scope of Work Local Mitigation Strategy identify potential mitigation initiatives. F. By October 31, 1998, submit Working Group meeting minutes to the Department for all meetings occurring during this period. III. 3rd Contract Period - Deliverables due by April 30 1999• Complete the hazard identification and vulnerability assessment activities as outlined in Section 5of the Guidebook and as described in the Hazard Identification and Vulnerability Assessment Supplement. By April 30, 1999, create a county-wide multi - hazard map based on the information supplied to the County by the Department. To assist the Contractor with this task, the Department will provide the following: A. Paper maps of the county-wide hazard areas vulnerable to storm surge, inland flooding and wind, along with tables listing the results of the risk analysis providing, in particular, an estimate of potential costs and the likelihood of specific tropical cyclone events. 1. A CD -Rom containing the following: a. the results of the risk analysis for tropical cyclone events in a dBASE III format, and b. the demographic and property data on which the risk analysis was based. B. Municipal subcontracts shall require that the municipal representative to the Working Group be responsible for gathering and supplying Contractor with the following information: 1. Municipal critical facilities inventory (see attached list of critical facilities and categories compiled by the Department) 2. Listing of other municipal public buildings and facilities 3. Repetitive loss data for structures within the municipality's jurisdiction 4. Hazardous materials sites within the municipality's jurisdiction (facilities required to report under Section 302 of the federal Emergency Planning and Community Right -To -Know Act, 42 USC 11001, et seq, and implementing regulations) C. Historical flood data within the municipality's jurisdiction Contractor shall compile comparable information for the unincorporated areas of the County and combine it with all municipal data described above for submission to the Department on or before April 30, 1999. D. Contractor shall submit GIS information to the Department in completion of the 21 Attachment A - Scope of Work Local Mitigation Strategy following deliverable requirements in a GIS ARCView "shape file" or ARCInfo "coverage" format. The Contractor shall compile and submit the following to the Department by April 30, 1999: 1. GIS data indicating critical facilities (including latitude and longitude coordinates), repetitive loss property data, hazardous materials sites (including latitude and longitude coordinates and identity of facility), and designation of areas that historically flood. 2. Text shall accompany all data explaining the conditions (rainfall, river gauge measures etc.) accompanying any historical flood data. E. Contractor shall submit a list of potential mitigation initiatives as discussed in Section 6 of the Guidebook to the Department by April 30, 1999. The list shall be based upon the Community Guiding Principles and Hazard Identification and Vulnerability Assessment data developed in preceding contract period and compiled through the procedures established in the second contract period. The list shall include potential program, project, and policy initiatives at the county and municipal levels that have the potential to reduce losses of life and property from natural disaster events including but not limited to: 1. initiatives to reduce vulnerability 2. studies (including engineering studies) to identify cost beneficial mitigation activities 3. existing mitigation initiatives identified in existing local government Capital Improvements Plans for future funding consideration 4. recommended program and policy actions and revisions to further promote effective hazard mitigation. F. By April 30, 1999, Contractor shall provide a progress report of private sector participation into the LMS process. G. By April 30, 1999, Contractor shall identify potential funding sources for the list of potential mitigation initiatives. Municipal subcontracts shall require that the municipal representative to the Working Group actively assist in the identification of potential funding sources. The identification of these potential sources shall be included as an attachment to Working Group minutes submitted to the Department by April 30, 1999. H. By April 30, 1999, Contractor shall submit Working Group meeting minutes to the Department. Meeting minutes shall include the presentation and acceptance of the following by April 30, 1999: 1. all hazard identification and vulnerability assessment activities 22 � 60 Attachment A - Scope of Work Local Mitigation Strategy 2.. the list of potential mitigation initiatives IV. 4th Contract Period - Deliverables due by August 31 1999: A. Contractor shall submit the Working Group meeting minutes to the Department by August 31, 1999. B. Contractor shall provide a final prioritized list of mitigation programs and initiatives, coupled with potential funding sources and recommended dates for implementation, to the Department by August 31, 1999. C. Contractor shall submit the final Local Mitigation Strategy as a compiled document to the local governing body for formal adoption. Contractor shall ensure that document includes the list of policy recommendations and prioritized mitigation initiatives that have been agreed upon by the Working Group. Contractor shall provide three copies of the document to the Department by August 31, 1999. Contractor shall provide the Department with copies of any action taken by the local governing body upon consideration of the Local Mitigation Strategy. [Remainder of Page Intentionally Left Blank] 23 Attachment B Federal Lobbying Prohibitions The Contractor certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (e) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (f) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (g) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. Contractor Name and Title 24 1602 d Attachment C FEO Standard Conditions A. Contractor shall assist the Department in complying with the State Energy Conservation Program as described in the Code of Federal Regulations, Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations and agreements concerning the use of oil overcharge recovery (Petroleum Violation Escrow) funds. In particular Contractor shall assist the Department in complying with M.D.L. no. 378 Settlement Agreement and any subsequent orders of the Court or guidance or directives from the Federal Department of Energy. B. The Contractor agrees to comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Part 60). In accordance with the above laws and regulations , the Contractor agrees to assure, to the extent of the coverage of this Agreement, that no person in the United States shall, on the grounds of race, color, national origin, sex, age, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which the Department receives federal assistance from the Department of Energy. C. The Contractor shall permit the Department, or is duly authorized representative, to monitor the project pertaining to this Agreement as deemed necessary by the Department. The Recipient will monitor its subcontractors. D. The Contractor certifies that neither its organization nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor may not make any subcontract to a debarred or suspended party. A current listing of such parties is maintained by the Department for review by Contractors. E. If this Agreement or any resulting subcontract is for an amount in excess of S 100,000, the Recipient must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). 25 Attachment D Critical Facilities Listing Animal Related , Correctional Facility Church Clinic Communication Emergency Operation Center Electrical Emergency Medical Services Fire Station Hazard Material Site Hospital Florida Highway Patrol Landfill - Active Landfill - Inactive Landing Zone Military Base Nursing/Convalescent Police Department Potable Water Radioactive Site Red cross Refuge of Last Resort School Shelter Special Needs Shelter Sheriff Department Sewage Treatment Facility Transportation Facility Water Treatment Facility 1602 Of 16D20 7% Attachment E Local Mitigation Strategy Funding Allocation Collier County Jurisdiction Grant Award Everglades 7500 Marco Island 7500 Naples 15000 Uninc 75000 Total Award: $105,000 The total award listed above will be committed through a contract between the Department of Community Affairs and the County. All awards are intended to address activities outlined in that contract and in the Department's publication, The Local Mitigation Strategy: A Guidebook for Florida's Cities and Counties. As a condition of accepting this award, the County shall subcontract the municipal awards identified above. The final deliverable of all contracts shall be the development of a single, unified mitigation strategy. In addition to the total award listed above, the county will receive an amount equal to ten percent (10 %) of each subcontracted municipal award to assist in the coordination and administration expenses associated with this project. NR BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE APRIL 28, 1998 FOR BOARD ACTION: 16G1 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Minutes: A. Affi)rdable Housing Advisory Committee - minutes for.lanuary 12, 1998. Referred to BCC. I3. Airport Authority - agenda for April 27, 1998. Referred to BCC. C. Beach Renourishment/Maintenancc Committee - minutes for March 5. 1998 and agenda for April 2, 1998. Referred to BCC. D. Code Enforcement Board - South - minutes and agenda for .lanuary 9. 1998. I. Emergency Medical Services Advisory Council - minutes for February 25. 1998. Referred to BCC. F. Environmental Advisory Board - minutes for March 4, 1998 and agendas for March 9, 1998, April 1, 1998 and April 13, 1998. Referred to BCC. G. Golden Gate Beautification Advisory Committee - minutes for February 12, 1998, March 10, 1998 and agendas for March 10, 1998 and April 14, 1998. Referred to BCC. if. Hispanic Affairs Advisory Board - minutes for February 11. 1998. Referred to I3CC. I istorical /Archaeological Preservation Board - minutes for March 20, 1998 and agenda for March 20. 1998. Referred to BCC. J. Immokalee Beautification M.S.T.U. Advisory Committee - minutes for February 18. 1998 and March 18, 1998 and agendas for March 18, 1998 and April 15, 1998. Referred to BCC. K. Isle of Capri Fire & Rescue District - minutes for February 5, 1998, Referred to BCC. L. Lely Golf Estates Beautification Advisory Committee - minutes for February 1 1998, March 13, 1998 and agenda for March 13, 1998 and April 1 Referred to BCC. AGEND ITEM No. /e APR 2 8 1998 Pg. 16 G 009 M. Library Advisory Board - minutes for February 18, 1998 and Director's Report for March 18, 1998. Referred to BCC. N. Ochopee Fire Control District Advisory Board - minutes for January 5. 1998 and March 2. 1998. Referred to BCC. O. Parks & Recreation Advisory Board - minutes For February 25, 1998 and agenda for March 25, 1998. Referred to BCC. P. Pathway Advisory Committee - minutes of February 20, 1998 and agenda for March 29, 1998. Referred to BCC. Q. Pelican Bay MSTBU Advisory Committee - minutes for March 4. 1998. March 17. 1998 and agendas for March 4. 1998. March 17. 1998 and April I, 1999. Rclerred to BCC. R. Planning Commission - minutes fir February 19. 1998. March 5, 1998. March 19. 1998 and agendas for March 19. 1998. April 2. 1998 and April 16, 1998. Referred to BCC. S. Public Vehicle Advisory Committee - minutes and agenda for Iecember 1, 1997. Referred to BCC. T. Productivity Committee - minutes liar March 2, 1998. Referred to BCC. U. Water & Wastewater Authority - minutes for February 23. 1999. Referred to BCC. 3. Other A. Memo from Charles Konigsberg. Jr.. M.D., M.P.H.. Collier I lealth Department Director - Health Unit's Fourth Quarter Contract Nfanagement Report - October 1. 1996 - September 30, 1997. Referred to BCC. 13. Letter from 'ferry White, Executive Director of Area Agency on Aging for SW F1.. Inc. - Quarterly Monitoring Visit Report - December 18, 1997. Referred to BCC. AGENDA STEM No. Ife.a, APR 2 8 1998 Pg. Development Services Building 2800 North Horseshoe Drive 16G14% Phone (941) 403 -2330 FAX (941) 403 -2331 HOUSING AND URBAN IMPROVEMERN GEIVED MAR 1 0 1998 MEMORANDUM Board or uuunty Commissioners DATE: March 9, 1998 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Joanne Dalbey Planning Technician SUBJECT: Affordable Housing Commission Approved Minutes Enclosed are the minutes of the January 12, 1998 meeting of the Affordable Housing Commission which were approved at the February 9 meeting. /jd encl. 16G11%,P AFFORDABLE HOUSING ('01NIMiSSiON AFFORDABLE: iIOUSING ADVISORY COININ1iTTEF. COLLIER COUNTY DEVELOPNIENT SERVICES BUiLDING 2800 NORTH HORSESHOE DRIVE; - CONFERENCE ROOM "C:" .JANUARY 12, 1998 MINUTES Cecil, Jeff X Vanessa Fitz X Goodman, Sam X .loan Gust a Mark Lindner x Bruce Murnm X Mark Atom Smith X .lack Williams Casey Wolff N Staff Present: Cornlac Giblin, Susan Golden..loannc Dalbcy, Jason Sweat The nleetin( was called to order at 8:40 a.m. by Chairtllan .loan Gust. New member, Casey Wolff. recently appointed to the conlnlittcc by the City of Naplcs was not present. Gret, Milialic introduced . lason Sweat, new staff nlcrllher or I lousing and Urban inlprovcn,ent Dept. Bruce Mumm made a motion that the minutes of the December 15. 1907 meeting he approv cd. seconded by Sam Goodman, motion passed. Chairman Gust statccl the next item on the agenda is to rcvIcw the Collier County Local I lonsin Assistance Plan (11AP) and passel around a list of questions and items to address. She then asked Cornrrc wlwl needs to he done to bring the flan into compllaticc. Cormac stated \%e ;Irc in compliance, they lw c not chant -cd the rules and the only thing that nlay need to he updated is that any itcnls in the I IA 1) that we are not implementing at this tinge should be moved into the I fousIng I Tic ell IIvC PI; in (I IiP) ,I hcy want a new Ifousing Assistance flan that has specific (I:Itc•s. time tables and �ooals. "i he fill) is to be an addendum to the HAP. Discussion followcd on cacti Section of th Housing Assistance Plan. There was lengthy discussion on code enforcement and resi ential rchahilitation. Misc. COrres: IMorr i s Hancock Date: Z� constdrC , I4c'K is Itemp ftlrrp 3,// Copies To: 16G1 *A-i, Susan suggested the committee might want to think about a guide for a ]ionic titled "My Home Hook" to give to the recipients of SHIP funds to help them in the care and maintenance of a house. Due to the length of the meeting the Chairnian requested that "hand Acquisition" anti "Plans" he discussed at next month's meeting. The February meeting will be }held on the second Monday since the regularly schecliticd third MOI1daV (11111, on a holiday. 'fhe meeting adjourned at 9:50. COLLIER COUNTY AIRPORT AUTHORITY AGENDA 16G144 RF'C EIVED MAR 2 fj 1998 I ,)unt,v (,ornmissioner,. DATE: April 27, 1998 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00 P.M. Any 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 testimony and evidence upon which the appeal is to be based. Call Meeting to Order and Quorum Check II. Approval of Agenda III. Approval of Minutes IV. Administrative V VI VII. VIII a. Business Plan b. FAA Environmental Award c. Semi Annual Financial Statement Everglades Airpark a. Work Order - Obstruction Removal Immokalee Regional Airport a. Global Technologies Inc. Lease Marco Island Executive Airport Old Business a. FY 97 -98 Capital Program Status b. Work Orders - Soil Remediation IX. New Business X. Adjournment Norris Hancock Constantint� ._ Mac'Kie Berry ilrifsc, 4S: L coo; es To: yL aNP Is. J� Y OM TM( y. 16GI *g NATURAL RESOURCES MANAGEMENT 735 8TH STREET SOUTH, NAPLES, FL 34102 Tel. 941.434.4655; Suncom 974.4655; FAX No. 941.434.3059; email -- IV ED naplesnrm ®naplesnet.coz1R E MAR 3 0 1998 NOTICE OF PUBLIC MEETING 3r,ro ��` 'ounty �.��i;sir�ners The Beach Renourishment /Maintenance Committee announces a public meeting to which all interested persons are invited. DATE: Thursday 02 April 1998 TIME: 10:30 A.M. PLACE: City Council Chambers, 735 Eighth Street South, Naples, Florida 34102 AGENDA 1. Roll Call. 2. Changes to agenda. 3. Consideration of approval of the minutes of the 05 March 1998. 4. Project updates: A) South Channel /Water Turkey Bay dredging; B) rock removal project. S. 1996 /97 marine turtle activity report. 6 Further discussion of the Incremental Beach Maintenance and Management Plan, including proposal for larger sand stockpile from Bonita Grand Sand Co. 7. Discussion of committee restructuring. 8. Agenda for next meeting, 07 May 1998. 9. Open public input. 10. Adjourn. r r • - -' -E _ r Y;� aY n:� - .-: .. _ LnJ • .. .. IRE For additional information, please contact Jon Staiger at 434- 4655. (:� C ,3J' C. Staiger, D., Natural Resources Manager Norris Hancock Constantine Berry ' e _ Berry Misr.. Corres: Date: ftemf �6 Copies To. 16G1 E t GULF �7,4JVV`I City Council Chamber 735 Eighth Street South Naples, Florida 34102 Beach Renourishment/Maintenance Committee Regular Meeting March 5, 1998 — 9:00 a.m. Chiarman Lydon called the meeting to order and presided. ROLLCALL ........................................................ ............................... ...........................ITEM 1 Present: Richard Lydon, Chairman James Brennan Alexandra Gunderson Joseph Herms Hubert Howard Michael Williams Absent: Kenneth Dunne Bonnie MacKenzie Also Present: Harry Huber, Collier County Capital Projects Manager/Technical Advisor Dr. Michael Stephen, Coastal Engineering Consultants, Inc. Dr. Jon Staiger Natural Resources Manager Virginia Neet, Deputy City Clerk Michael Simonik, The Conservancy Michael Poff, Coastal Engineering Consultants, Inc. Pamela Mac'Kie, Collier County Commissioner Bill Boggess Bobby Cadenhead Media: Eric Staats, Naples Daily News David Taylor, WB 10 Beach Renourishmen0faintenance Committee Regular Meeting—;ltarch S, 1998_ 9 :00 24n. M"t Prior to consideration of Item 2, Natural Resources Manager Jon Staiger distributed the February 1998 Collier County Sea Turtle Protection Plan, a copy of which is contained in the file for this meeting in the City Clerk's Office. CIIANGES TO THE AGENDA (9:05 a. m.) ........ ............................... ...........................ITEM 2 Chairman Lydon requested discussion on efforts to obtain a second beach rake (Item 4(c) arid an update regarding the Wiggins Pass Inlet Management Plan (Item 4(d). ............................................................................................................... .........................ITFINI 3 CONSIDERATION OF APPROVAL OF THE MINUTES OF THE 08 JANUARY AND 12 FEBRUARY 1993 MEETINGS. (9:09 a.m.) MOTION by Howard to APPROVE T11F. .IANUAR1' R 1998 AIEETING A111%'UTE.S A,S PR`F.. NTFD; seconded hj, Brennan and carried 6 -0 (Brennan- yes, Dunne - absent, Gundersonyes, Hernrsyes, 11owardyes, AfacKen;,ie- ahsent, frilliantsyes, Lydon ;yea) MOTION by Brennan to APPROVE T11E FF_RRUARY 12, 1998 A1EF.T1rVG MINUTES A.V PRF_.SENTFD; seconded h'v If illiants and carried 6 -0 (Brennan- yes, Dunne - absent, Gunderson yes, Her►ns -yes, 11oward- -yes, Afachenzie- ahsent, iVilliantsyes, Lydon yes) ............................................................................... ............................... ..........................ITEM 4 PROJECT UPDATES: A) SOUTH CIIANNEL/WATER TURKEY BAN' DREDGING; 13) ROCK REMOVAL PROJECT (SEE APPENDED 19 FEBRUARY i11ENIO, HUBER TO ILSCHNER); C) SECOND BEACH RAKE; D) WIGGINS PASS INLET MANAGEMENT PLAN UPDATE. (9:10 a.m.) South Channel/Water Turkey Bay Dredging: Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., reported that the contractor had essentially completed the Water Turkey Bay portion of the project with the first containment cell 90% to 95% full. The contractor will pay a $2.25 per cubic yard severance fee to the Department of Environmental Protection (DEP) in order to dispose the spoil material at his discretion. As such, this material will not be trucked to a County right -of -way, Dr. Stephen added. Michael Poff, of Coastal Engineering Consultants, Inc., provided additional information regarding the project describing it as approximately 65% complete. He specifically noted that the intersection of the south and east channels of Wiggins Pass and the portion from the park boat ramp to the dredge channel would be surveyed and dredged in order to provide adequate water depths. The County will not be charged for this additional dredging since the contractor is already mobilized in this area. Mr. Poff also referred to prior delays due to turbidity concerns and estimated completion of the project within 30 days. In response to Chairman Lvdon, ;fir. Poff indicated that there is sufficient area for commercial vessels to navigate and mitigation aspects of the project are proceeding smoothly. The final element of this project is to place gated channel markers on the straight channel. 16GI4ts Beach Renourishment/Maintenance Committee Regular Mectine — March S. 1998 — 9:00 a.m. Rock Removal Project: Collier County Capital Projects )Manager /Technical Advisor Harry Huber stated that the Board of County Commissioners had awarded this $99,982.00 contract to C.B.E. Trucking Company, Inc. A Notice to Proceed is anticipated within the next week. Mr. Huber provided background information regarding this project noting a February 18"' site inspection of the Naples Beach with representatives of the DEP and the Army Corps of Engineers. As a result of this tour, the Army Corps of Engineers issued a Notice of Non - Compliance regarding the Collier County Beach Restoration Project; similar action is expected from the DEP. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) Additionally, Mayor Bill Barnett, on behalf of the City Council, formally requested that the Board of Commissioners expand the rock removal project to include additional areas of Naples Beach. (Attachment 1) Mr. Huber stated that a plan would be prepared to bring the project into compliance; he also indicated that the Army Corps of Engineers' permit would be extended to June 15'h; The DEP permit, however, would likely not be continued past May 15"'. Member Herms requested Committee support in accomplishing the rock removal project during 1998; however, Member Howard cautioned that the scope of the project had not yet been determined. Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., concurred and explained that, as part of the rock removal project, samples would be excavated from the street ends to develop a profile of non - specification material. Dr. Staiger informed the Committee that the contractor, Bobby Cadenhead, is prepared to bring in additional screening machinery if necessary but cautioned that turtle nesting may occur earlier (before May) due to the usually warm winter. Bobby Cadenhead. of C.B.E. Trucking Company, Inc., explained that he would be working under the guidelines set by Collier County and Coastal Engineering Consultants, Inc., and confirmed that he could provide the additional equipment and manpower should the project be expanded. Member Herms commented that since the rock material had drifted outside its original location, a larger project area is warranted. He also referred to editorials and cartoons appearing in the recent Naples Daily News "Visitors Edition "' pertaining to beach rocks and expressed concern that such remarks could adversely impact tourism and discourage visitors to Naples Beach. This, he added, reinforces the need to remove the rock as soon as possible. MOTION by Herms to RECOXWEND TO T11E COUiVTY COAtIfUSION TO PROCEED TO COMPLETE THE JOB OF REAfOP7AG ROCK FROAf 4TH AVENUE ,SOUTH TO A PPROXIMA TEL, Y 1811 A VENUF_ SOUTH AND FURTHER IF .VHOWN NECE.SVARY BY THE CORE. ,VAAfPL1iVG.V. TIII.V SEASON; seconded by Williams and carrier! 6 -0 (Brennan j,es, Dunne - ahsent, Gunderson yes, Herms yes, Howard-yes, AfacKenzie- absent, Irilliann .ti es, 1. t dnn- yes) Prior to the vote, Chairman Lydon confirmed for the Member Williams that, as President of the Vanderbilt Beach Property Owners Association, he had received only one complaint regarding rocks on the Vanderbilt Beach. Chairman Lydon then pointed out that additional funding would be necessary if the project is enlarged. In response, Mr. Huber suggested that Committee authorize additional funding requests to proceed directly to the Board of Commissioners. MOTION by Herms TO AUTHORIZE ANY ADDITIONAL FUNDING FOR THU PRWECT TO BYPA.SV COMMITTEE AND TOURLVT DEVELOPAfENT COUNCIL. REVIEW AND PROCFF -D DIRECTLY TO THE BOARD OF COUNTY COMMUMONER.V• seconded by Brennan and carried 6 -0. (Brennan- 3 Bcach Renourishment/Maintenance Committee Rcgular Meeting— March .. 1998 — 9:00 a yes, Dunne - absent, Gunderson yes, Herms-yes, Howard-yes, AfacRenzie- absent, Williams-yes, Lydon yes) Chairman Lydon then responded to Member Herms' prior comments regarding recent negative publicity by reminding the Committee that the beach renourishment project has helped the area's beaches survive recent storm events. Discussion Regarding Efforts To Obtain A Second Beach Rake: Mr. Huber stated that he was in the process of submitting specifications to the Collier County Purchasing Department, which will be followed by the bidding process. He estimated that this second beach rake/tractor would be obtained by June, 1998, but noted that this machinery is smaller and less expensive than the Beach Tech 3000 currently used. Chairman Lydon reiterated his suggestion to purchase a greater number of the less expensive rakes in order to provide better beach maintenance. Wiggins Pass Inlet Management Plan Update: Dr. Stephen referred to the draft Incremental Beach Maintenance and "lanagement Plan, specifically noting Figure 35 which indicates a larger dredge cross section for Wiggins Pass (250 feet wide at the bottom of the cut with a cut depth of 12 feet below mean low water). Dr. Stephen explained how this increase will improve future navigational depths for this channel and relayed plans to initiate the permitting process for this excavation with the Florida Department of Environmental Protection. (A copy of the material referenced by Dr. Stephen is contained in the file for this meeting in the City Clerk's Office.) Mr. Pofi then provided information regarding the recent dredging of an interim navigational channel in this Pass and explained how the new DEP permit application would keep the permit active. He also outlined other aspects of the DEP permitting process and indicated that sufficient time is available under the present Army Corps of Engineers' permit. QUARTERLY BUDGET UPDATE (9:52 a. m.) ................................ ............................... ITEM 5 Chairman Lydon referred to the TDC Beaches & Inlet Management Budget Projections and estimated costs for beach nourishment monitorine/surveys for Naples and Marco Island were noted. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) In response to Member Howard, Collier County Capital Projects Manager/Technical Advisor Harry Huber explained that the $1,135,000 budgeted for Beach Nourishment (Construction - Naples) for the year 2000 includes the rebuilding of the groin field on the southem portion of the beach. Funds budgeted for the future dredging of Gordon Pass were noted and Mr. Huber explained that monitoring/surveys projections were based on permit requirements which often include aerial photographs and beach profiles. Member Herms asked for data relating to engineering costs for the beach rock removal project while Member Williams noted that permit - related engineering fees average 20% to 25% of the total project costs. Natural Resources Manager Jon Staiger, however, clarified that Coastal Engineering Consultants, Inc., fees are indeed within the 10% industry standard. Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., further verified that his firm's design percentage for projects up to $1,000,000 averages only 6 %, but added that this percentage would increase on smaller projects. These services include plan preparation, permit coordination, surveys or observations during the construction, plus other permit requirements. MOTION by Williams to APPROVE THE QUARTERLY BUDGET A.S PRESENTED: seconded by Brennan and carried 5-1 (Brennan -yes, Dunne- 4 16G1 Beach RenourishmenOtaintenancc Committee Regular Meeting— March 5, 1998-9:00 am. absent, Gunderson-yes, Hern:s -no, llowarrl }-es, Afachenzie- absent, Willianrsyes, Ly (lon yes) Member Herms clarified that his dissenting vote reflected his opinion that engineering fees contained in the budget were excessive and out of line with other Florida projects. He also suggested using bidding process as a way to compare engineering costs. Chairman Lydon, however, suggested that the Committee analyze engineering costs during its review of the individual funding requests /contracts. Member Williams then reiterated his request for a report regarding project cost overruns and add -ons and also questioned the practice of routinely adding a 10% contingency to project requests. Member Howard then responded to Member Herms' comments by noting that portions of a project's engineering costs are related to the permit requirements. He suggested instead comparing fees for those services not required by the permit to accurately determine whether the expenses are justified. Recess 10:11 a.m. to 10:22 a.m. It is noted for the record that the same Committee Members were present when the meeting reconvened. ............................................................................................................. ............................... ITEM 6 DISCUSSION OF THE INCREAIENTAI_ BEACH ATAINTENANCE AND AIANAGEATENT PLAN, INCLUDING PROPOSAL FOR LARGER SAND STOCKPILE FROM BONITA GRANDE SAND C:O. (10:23 a.m.) Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., provided an overview of the Incremental Beach Maintenance and Management Plan (already referred to as on file) which, he added, could assist the Committee in considering Bonita Grande Sand Company's proposal to stockpile 500,000 cubic yards of sand. Dr. Stephen outlined the purpose and benefits of beach monitoring and also reviewed the Preliminary Model of Annual Beach Maintenance which is included in the plan. In response to Member Williams, Dr. Stephen provided rational as to why the proposed annual placement should decrease over time and used a slide presentation to educate the Committee on sediment movement and other aspects of beach and inlet management. He also explained how surpluses in the sediment budget occur and reviewed sediment volume summaries for the various Collier County beaches. (A copy of this material is contained in the draft Incremental Beach ;Maintenance and Management Plan.) Dr. Stephen then referred to the Park Shore Beach to explain how shoreline migration offsets erosion rates. Collier County Capital Projects Manager/Technical Advisor Harry Huber reviewed Bonita Grand Sand Company's latest proposal to stockpile 500,000 cubic yards of sand and compared it the current 50,000 cubic yard contract. Mr. Huber pointed out that the new proposal is S.57 per cubic yard less than the original contract and would save $285,000.00 based on a 500,000 cubic yard stockpile. In response to the Committee, Mr. Huber further explained that although Bonita Grande Sand Company is essentially a sole source provider, a proposal from a Felda, Florida, sand source was considered prior to the original 50,000 stockpile. Chairman Lydon then noted the costs involved in maintaining this 10 -year supply of sand. Bobby Cadenhead, agent for Bonita Grande Sand Company, said his proposal would guarantee a source and set the price for screened and processed beach renourishment sand for the next 10 years and would address the needs of the Collier County beaches. Mr. Cadenhead said the proposed base price of $5.08 /CY and stockpiling fee of $.58 /CY offers a significant discount over the prior contract and, when added to current $5.41 /CY transporting costs, competitive with the cost of 5 Beach Renourishmentaintenance Comm e Regular Meeting— March 5, 1998 — 9;11a m a /M itt < , offshore sand. Later in this discussion, Mr. Cadenhead stated that $.58 of the $5.08 price would be deferred until the sand is actually loaded onto the truck, and he estimated that the 500,000 CY could be produced in two years. He also assured the Committee that the land occupied by the stockpile would be secured for that purpose and would not be affected by future changes in ownership of the Bonita Grande Sand Company. In response to !Member Brennan, Mr. Huber clarified that there was also a $.58 /CY annual stockpile fee in additional to the $5.08 (truck loaded) price. Other aspects, such as the economics of annual beach renou6shment, as opposed to the present eight to tcn year schedule, were discussed and Dr. Stephen noted advantages of a wider beach project. Member Brennan, however, observed discrepancies between this proposal and prior proposals from the Bonita Grande Sand Company. Member Herms said he supported the plan; however, he questioned whether it was necessary to maintain, at $.58 /CY, the entire 500,000 CY stockpile for ten years. He also suggested that the entire 500,000 CY be placed on the beach sooner in order to avoid the stockpiling fees. Chairman Lydon took the position that a large stockpile would be necessary in the event of a hurricane and reminded the Committee that a comparable offshore source has not been identified, He also noted the advantage of locking in the price but stated that additional negotiations with the contractor are necessary. In response to Member Howard, Mr. Huber referred to the budget spreadsheet and confirmed that Mr. Cadenhead's proposal was indeed competitive with offshore sand costs. MOTION by Herms to REC0NfiVfF_ND TO THE COLLIER COUNTY C0Nt1AfIXW0N AND THE TOURLVT DEVELOPMENT COUNCIL_ TO EXPEND 55.081CY FOR 500.000 CUBIC YARDS OF INLAND .SAND THAT W U RE U.VF.D TO RENOURMH THE BEACH OVER THE NEXT 1 TO 2 Yz YEARN AND BE PLACED ON THE BEACH: after the discussion which appears below, this motion failed for lack of second Member Gunderson observed that this debate involved two issues: 1) the amount of sand purchased, and; 2) whether the incremental management plan should be used. She suggested bifurcating the issues and recommended additional research before placing all of the sand on the beach at once. Likewise, Member Howard suggested using available professional expertise to obtain a detailed analysis /comparison of upland sand versus offshore sand and Member Brennan concurred. It was also noted that the recent Collier County Beach Restoration Project was not completed according to the original design. The logistics and mechanics of placing the sand on the beach were discussed and Mr. Cadenhead explained that multiple beachheads would be used. (I I in the City - one or two in Park Shore - three or four in Vanderbilt Beach - four on Marco Island) AfOTION by Howard to REQUEST THAT THE TECHNICAL. .VTAFF, INCLUDING THE CONSULTANT, ANALIZE THE INFORMATION PREVENTED REGARDING THIS .VUBJECT. RE.VEARCH THE THREE DIFFERENT PROPO.VITIONS, AND ,VHOfV THE ADVANTAGE.V AND DUADVANTAGE.V OF. 1) DREDGING OFFSHORE AT 8 YEARN; 2) .VTOCKPILLNG 500,000 CUBIC YARDS OF ,SAND, OR; 3) PURCHASING 50,000 CUBIC YARDS PER YEAR AV THE EXISTING 50,000 CUBIC YARD STOCKPILE LV DEPLETED. THIS ANALY.VLV TO BE COMPLETED AND PROVIDED TO THE COMMITTEE NO LATER THAN THREE DAYS PRIOR TO THE NEXT MEETING AND WILL BE REVIEWED BY THE COMMITTEE AT THE NEXT MEETING IN THE FORAf OF A TOURNT DEVELOPMENT COUNCIL GRANT APPLICATION, • seconded by Brennan and carrier! 6 -0 Beach Renourishmen0laintenance Committee Regular Meeting— March 5, 1998 — 9:00 a.m. (Brennan yes, Dunne - absent, Gunderson-yes, AfacKenzie- absent, fV11lfantsyes, Ly(lonyes) ............................................................................................................. ............................... ITEM 7 DISCUSSION OF TIMING FOR T -GROIN AND PILE CLUSTER GROIN PERMITTING AND CONSTRUCTION (11:44 a.m.) Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., explained that the University of Florida model analysis will be a 12 -month effort and specifically relates to the performance of pile clusters. Based upon this data and using existing designs, Dr. Stephen indicated that the permit application and design drawings could be submitted within 30 -60 days after this Committee's authorization to proceed. He also predicted that the two -year completion goal for this project would be met. Michael Poff, of Coastal Engineering Consultants, Inc., provided information regarding current permit requirements to monitor the pile cluster groin at Third Avenue South for three years which, he added, was intended to provide the necessary data to permit additional groins. Mr. Pofi stated that this model study could help expedite this process. Natural Resources Manager Jon Staiger provided historical information regarding efforts to restore the T- groins north of Gordon Pass and said the potential for this option is included in the Gordon Pass Inlet Management Plan. Member Flerms addressed Collier County Commissioner Pam Mac'Kie with a question of whether the Commission realized that the model study they had approved will not research flow - through groins which once existed on the southern portion of the beach. Dr. Stephen, however, clarified that the T- groins are related to the Gordon Pass Inlet Management Plan; the intent has consistently been to study the pile cluster groin field including the structures extending into the Gulf near 18a' Avenue South and the permeable wood groins. Different configurations will be studied, he explained, and these structures will be replicated on a smaller scale using photographs and surveys of the field in order to obtain the design criteria. He also stressed that this model study will provide additional expertise from the University of Florida professionals to assist in cost-effectively permitting these structures through the Florida Department of Environmental Protection. .................................................................................. ............................... ........................... ITEM 8 DISCUSSION OF COr*LNIITTEE RESTRUCTURING. (11:56 a.m.) Chairman Lydon provided background information regarding this issue and noted his meeting with Collier County Administrator Robert Hernandez pertaining to the present composition or the Committee and its desire to adequately represent Collier County. Chairman Lydon cautioned that this representation should not be commensurate with the amount of funds collected and referred to the ,'March 4, 1998 memorandum setting forth three options for Committee restructuring. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) Chairman Lydon stated his preference for a nine - member Committee (Basis C) with three representatives from Naples/Park Shore, two Marco Island representatives, and four from Collier County. Member Gunderson commented that the Option B was the only one not to use project costs as a variable. Member Brennan suggested equal terms for both City and County appointees and said he would favor an 11- member Committee to ensure that a quorum is present. Natural Resources Manager Jon Staiger reviewed the present composition of the Committee (five County appointees - six City appointees) and explained that this restructuring was intended to provide proper representation throughout the County, including Marco Island. Since this issue was first discussed, however, Marco Island has proposed establishing a separate Tourist Development Council. Dr. Staiger predicted that neither the County nor City would support such a proposal. Member Howard Beach Renourishmen0faintenance Committee Rcgular Meeting — ;►larch S. 1998 — 9:00 am. suggested urging the County Commission to consider shoreline representation when ma ine their appointments. He also stated that the expertise of a land use attorney or an engineer on the Committee would be helpful. The Committee agreed that the membership should remain at I 1 and various options for representation were discussed. Member Herms suggested equal representation for the cities of Naples and Marco Island and Collier County Capital Projects Manager/Technical Advisor Harry Huber suggested that the Committee also consider extending the terms of the current membership during the restructuring. MOTION by Brennan to RECOA,1iVfEND TO T11E COLLIER COUNTY CONIAII&VION AND THE CITY COUNCIL THAT ALL A1FAIBERS PRESENTLY .SERVING;, WHOSE TERMS EXPIRE PRIOR TO RESTRUCTURING WILL 11AVE THEIR TERMS EXTENDED FOR .SLY MONTHS. THE,WX MONTH PERIOD TO COMMENCE ON FEBRUARY 28 1998; seconded by Hernts and carried 6 -0 (Brennan yes, Dunne - ahsent, Gunderson yes, Herms yes, Howard yes, XfacKentie- absent, IvillianLs yes, Lydon - yes) MOTION by Howard to RECOMMEND TO THE COLLIER COUNTY COi1Lt11,SS1ON AND THE CITY COUNCIL. THAT THIS COAtA11TTF_E BE COAfPRISED OF 11 MEMBERS FOUR OF IVHOAf WII.1. RE FROrtf NAPLE.V/PARK .SHORE TWO FROM MARCO ISLAND AND FIVE FRO;11 COLLIER COUNT Y,• seconded by Brennan and carried 6 -0 (Brennan-yes, Dunne - ahsent, Gunderson-yes, Herms yes, Ilowardyes, AlacKenzie- ahsent, Ilrlliamsyes, Lydon yes) OPEN PUBLIC INPUT (12:22 p. m.) ................................................ ............................... ITEM 10 Bill Boggess of 1100 8'h Avenue South reminded the Committee that the Collier County Beach Restoration Project is 260,000 cubic yards of sand below the contract design and stated that he, and the citizens of Naples, want the beach brought into compliance with the original permit requirements. He also questioned the Committee regarding the dredge depth of Wiggins Pass and prior representations pertaining to the amount of sand available in potential borrow areas. Mr. Boggess then asserted that this Committee is operating improperly and specifically noted that County- appointee Hubert Howard is a City resident, Member Williams then referred to Mr. Boggess's earlier correspondence to the Collier County Commission contending that the Committee is comprised of improperly appointed members. Inasmuch as the word "comprised" means all the Committee Members, Mr. Williams requested that Mr. Boggess be more specific in the future. .................................................................................. ............................... ........................... ITEM q AGENDA FOR THE NEXT MEETING, 02 APRIL 1998.(12:30 p.m.) In addition to the items discussed earlier in the meeting, Chairman Lydon noted that Maura Kraus, of the Collier County Natural Resources Department, would be reviewing the Sea Turtle Protection Plan. Member Herms then commented on Mr. Boggess's earlier remarks and reminded the Committee that only Mr. Boggess had demonstrated concern regarding the rocks on the beach. He asked the maittenance Cocrmittee ee ing Page 1 of 2 • .I> Z4.- 16G1r+K BILL BARNETT MAYOR urn ;, 3 March 3. 1998 Hon. Barbera Berry. Chairman 13oard of Commissioners Collier County Government Center 3301 East Tcmicmi Trail Naples. FL 31411 Z 'Re: Naples 13ecch ;Renourishment Project - ;Rock ;Removal Dear Chairman Berry and Commission Members: On behalf of the Naples City Council, we extend to you our sinczre appreciation for your commitment to spend approximately .100.000 to remove rocks from the beach in the Old Naples area. On Mondcy. March Z. 1998. the City council discussed the proposed project end agreed unanimously to ask the County Commission if they would consider additional areas for rock removal. Specifically. City Council would like to have screened all of the send that was placed on the beach from. Fourth Avenue South down to 11?tth Avenue South Th;s would include ch! materiel from the toe of the construction berm. inland to tl-,e dune area. The send should be screened down to the preconstr�cticn crede. Fdditicneily. City Council requests that chl sur ccz rocks be removed from the dune system area. We reccani=a that due to the potential increase in cast, and the potenticl ccnflic- w;th turtle nesting season. it may not be pessibie to accomplish cll of this work thrs year. Therefore, we would request your cansideretien cnd recammerdcticns reacrding phasing of this work. '5 F :GHTH STREE'SOLTH • NAPLES F-LCRMA. :II�•h'4h FAX +'+ :: I -. X!5 " ::1 E �t.�,1L �I��++r�pl�s�ACL.C;:�1 NGti;L� FA�;��lil:ht•s:+s Chairman Barbara Berry and Commission Members /March 3. 1998 Page two Maintenance Committee Meeting 16 G 1 o g Page 2 of 2 Thank you for your continued support of quality beaches in the City of Naples and throughout Collier County. Sincerely. r Bill Barnett Mayor xc: County Commission Members City Council Members Dr. Jon Stciger Dr. Harry Huber Dr. Mike Stephen MEMORANDUM 16G1 DATE: March 23, 1998 '98 MOR 24 AM 1121 TO: Harry Huber, Technical Services Supervis , OCPM FROM: Sue Filson, Administrative Assist Board of County Commissioners RE: City/County Beach Renourishment Advisory Committee As you know, %ve currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Lee R. W'eeks 6737 Mill Run Circle Naples, FL 34 109 Please let me know, in «Yiting. the recommendation for appointment of the advisory committee within the 41 day time - frame, and I ,vill prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments FROM :•LAPLAYA BEACH RESORT PHONE NO. AIJK d k A C H K t S 0 K T An lntertlContinenW Global Fartncr Resort 9891 Gulf Shore Drive Vanderbilt Beach Naples, A 34108 Mar. 19 1998 09:3141 P1 1 56144. Telephone: (941) 597 -3123 Fax.- (941) 597 -6278 — Guest/Reservutions Fax.- (941) 597 -1672 Executive Offices /Human Resources Fax• (941).597-2254 — Accounting Fax. • (941) 597 -8283 — Saks To: Company: Fax #: `�� 302. Phone #: From: , ,rne V�GGC1`� Date: a> _, � - 9b Number of pages (including cover page) Fax Message S. If them are any problems receiving this fax, place notify Darla Jo Mom at (941) 597 -3123. FROM : L'APLAYA BEACH RESORT PHONE NO. : Mar. 19 1998 09:31AM P2 1>�.VAxa 16 G 1 A NOOLS HOUSS RE109T March 16, 1998 Board of County Commissioners Attn: Sue Filson 3301 Tamiami Trail East Naples, FL 34112 VIA FACSIMILE: 7743602 Dear Ms. Filson: :allow me to introduce myself I am Lee Weeks, General :Manager of LaPlaya Beach 1Lsort. LaPlaya Beach Resort is located directly on Vanderbilt Beach in North Naples, we are one of the few resorts in which you can walk directly out of your room onto one of the most beautiful beaches in Naples. I would like to submit my application for consideration to serve on the City /County Beach Renourishment Maintenaace Committee. I have a vested interest in the decisions which effect the beaches of Naples, being the General Manager of LaPlaya, as well as a personal interest in the protection and renourishment of one of our greatest natural assets, our fantastic beaches. I was previously a resident of Naples in the early 1990'x, leaving only for business purposes and then having personally lived in the Hawaiian islands and most recently the Bahamas, I feel that I would be beneficial to the committee here in Naples. Thank you for considering my request to serve on this meaningful committee. Sincerely, Lee Weeks General Manger LW /dj 9891 Gulfshore Drive • Naples, FL 34108 # 941. 597.3123 • fax 941.597.6278 FROM : LAPLAYA BEACH RESORT PHONE NO. : Mar. 19 1998 09'32Ati P3 Lee & weeks 6737 Mill Run Circle Naples, FL 34109 (941) 514 -3055 1997 - Present LaPlaya Beach RMrt, 9891 Gulf Shore Drive, Naples, Florida • General Manager, (1197- Prexnt) Responsible for the daily operadoa of this 191 room beach resort Dtrectcd turnaround team that broagbt property back to financial stability. Organized and executed successful campaign to establish rcsort in the Florida market and local community. 1994 -1997 Attantis Resort & Casino, P.O. Box N4777, Paradise Island, Nassau, Bahamas Executive Assistant Manager, Rooms (8/94 - Present) Responsible for the re- opening of this (1.200 room) resort and casino during a S250 million dollar ttnocaiion to the facilides. Accountable for $55 million in rooms rmvcnuc and S 11 trillion to payroll with over 600 divisional employees. 1993 -1994 Grand Waika Resort & Spa, 3850 Waika Alums, Waika, Hawaii Nice President of Resort Opctxtions (9193 - 7194) Directed all operations for this Five- Diamond (780 rooms) ticstiaation m4om SpociA mgvnsibilities inctuded setting up systems for the n.-w corpor= headquarters and developing new sales and marketing strategies. 1991 -1993 The Ritz- Carttoa.Naples, 280 VanderbUtBeach Road, Naples, Florida • Executive Assistant Maaart, Rooms (12/91- 9193) Responsible for all aspects of direaiag the Rooms Division of this (463 rooms) Fire -Star, Fivc- Diamond property. Special duds included working on application team for the Malcolm Baldridgt Narioual Quality Award and acong in place of the General Manager in his abscace. 1989 -1991 Hyatt R.caency Savannah, 2 West Bay Street, Savannah. Georgia • Executive As ist= Manages, Rooms (3i89 - 12191) Directed operations of the Rooms Division (350 rooms). Responsible for cost controlling, forecasting. top and bottom line profit. and development of department managers. Routine responsibilities also iadaded serving on the Executive Commit= of the hotel and generating new ma=le neuters. 1987-1989 Hyatt Regescy Atlanta, 265 Peachtree Street, N.E., Atlanta, Georgia • Assistant Rooms Executive (11W-3/89) Serrtd as Assistant to the Regional Rooms Exc=uve. Dirocted day -today operations of Roorns Division (1,300 rooms). including n1aaa9=Wnt of Front Office, Housekeeping. Rc=vadons, Conderge and Assistant Hotel Maaagere. 16GI FRal : L'APLAYA BEACH RESORT PHONE NO. : Lee R_ weeks Page 2 Mar. 19 1998 09:32AM P4 16G1+i-v 1983 —1987 Hyatt Regency Maui, 200 Nohea Kai Drive, Lahaina, HKW IU • Front Office Group Rooms Coordinator (3187 — 11187) Controlled blocking, check -in, chock-cut of groups and conventions for this 815 -room resort Coordinated all communications between Sales and the Front Office. • Executive Housekeeper (2186 — 2187) Managed a !OS- etaplo, cc deparw=L Responsible for cleanliness of guest rooms 23 well as extensive public arras. Purchased and maintained all inventories. Awarded Manager of the Quarter. • Di rector of Recreation (7194 — 2186) With 70 employees, managed all rccrraaonal facilities of the resort Ties included tennis. suiting fleet, beach activities centa, health dub and a 55400t gacbt Also directed special evens and beach olympics. Restaurant iM"ager 10/93 — 7184) On a rotational basis, managed five ern- ProPexty rm*urants, one W& dub and four bars. The restaurants included two Holiday Award - winning during rooms. 1981 —1983 St. Andrrws Country Club, 3700 Andrews Drive, Mobile Alabama • General Manager (7/82 — 918;i) Directed all areas of operation for this 650 -mcmba Country Club. Responsible for ducting Food and Beverage operation including banquet facilities, restaurants and lounge, rcnovation of club facilities, landscaping and grounds maintenance of 250 acres, including golf course. Bachelar of Schnee — Business Administration Minor — Recreation University of South Alabama, 1980 Date cjBirth November 28, 1957 Citizensbip: United Sates Nfarried: One (Mild Health: F-Xccllem F un2isbcd upon request. 16GI BEACH MAINTENANCE ALTERNATIVES Prepared for: Beach Renourishment/Maintenance Committee CEC File No. 97.001 -9050 March 25,1998 COASTAL ENGINEERING CONSULTANTS INC Cccstci Engineering Civil Engineering Survey Environmental Pea! Estcte Acc,:: sc+ - 3106 3 �-4c,sesnoe Cave . Ncc es. Pon= 34104 . (q41) 643 -2324 • -ox (941) 643 -1143 N C� CC h CJ 'r w C 3. U w V u c C'v c c .c U Cv q C cs C Q� i c Is, M C� r Jfj � N C :J Z L U U N L cs Z z c V N og O� cV = uOC x = O .t 2 o n b4 to x c CZ cn a.. W ,n N I.= o L.] O v i GU M tz � v C C> V ; c`J V u O �^. cr Qb tz �� aJ o o o tn C? 00 M , , — v C C U U — oM� ci Vi vJ �zzw0 0 0 �, L CZ o U y U� cu y U CJ Q v Q cc Ij 6J Q ELI -16GI mq Z Q s rA ci .> C a� a� u G CJ •rd is V MM� ITV 0 C 0 U Ri W :r a 00 Q� O� H tn N s u R+ C . C G1 C t C\ O 16Gl�i I Z Z U L. C w c a� U Ci Q ai � �= � u •a •� u � v .� •..i pU Ltl N S 'O M .O c: C V) G. C. G U i� LM LM C =+ v 4.. N ) Cl C. C: N � C U � Z 79 u u u • u° L c C o c s 0. (/� N �.0 C.L C r � • � t/7 s U •� T U"� y � .L' Oy 'b = w ex y h U r ::. yt: G U L r 0 C O p 0 A v v 0 v "ri G C Z ;4 fn C w Q >_ Vi O E' U c: 10— tn Z O C C O M O P.0 C G; E" a o ff =� U `' cs p Q N 0 N O ��.. G ~ N O O L7 O C p U v� q E w •.= .. O R cn u 16GI�� Table 3 Trucking Delivery Assumptions March 25, 1998 CEC File 997001 -9050 Note: A conveyer would have to be set up permanently in two or three parking places at each of the beach heads for duration of the delivery. Sand would either be stockpiled onto the beach from the conveyer and a loader would work in the early morning hours at each of the street ends to distribute and push out the sand as it is delivered. \%C E O..S YS1.1 PPS UNSOFFICWATA1970011delsched.doc CONTRACTOR STAFF ANALYSIS 1. Seven hours per day delivery schedule: 7:00 a.m. to 2:00 p.m. Six hours per day delivery schedule: 7:00 a.m. to 1:00 p.m. 2. One truck every six minutes One truck every twelve minutes 3. Ten trucks per hour dumping at the site Five trucks per hour dumping at the site 4. Seventy trucks per day, per beach head Thirty trucks per day, per beach head 5. Eighteen cubic yards per truck Eighteen cubic yards per truck 6. 1,260 yards per day delivered 540 cubic yards per day delivered 7. Thirty days per month Twenty days per month 8. 2,100 trucks per month 600 trucks per month 9. 37,800 cubic yards per beach head, per month, delivered 10,800 cubic yards per beach head, per month, delivered 10. Ninety days continuous delivery (see attached) No delivery or operations over Thanksgiving, Christmas, and New Year weeks 11. Ninety days at two beach head equals 2,520 cubic yards per day equals 226,800 cubic yards total Three months required to deliver 32,400 cubic yards at one beach head. Seven beach heads needed for 226,800 cubic yards Note: A conveyer would have to be set up permanently in two or three parking places at each of the beach heads for duration of the delivery. Sand would either be stockpiled onto the beach from the conveyer and a loader would work in the early morning hours at each of the street ends to distribute and push out the sand as it is delivered. \%C E O..S YS1.1 PPS UNSOFFICWATA1970011delsched.doc 16 GI <4# Description of Alternative No. 2 50,000 Cubic Yards Per Year 2,773 trucks total, could deliver 50,000 cubic yards of sand onto the Naples Beaches each year. With one beach head in Vanderbilt and one in Park Shore, delivery could occur at three beach heads simultaneously at three Naples street ends and be finished in 30 days. Alternatively, delivery could span from 3 to 4 months using only one different beach head per month in Naples. Lowdermilk Park, North Lake Drive, 3`d Avenue North, 7`h Avenue South , 10`h Avenue South, 14'h Avenue South, and 17`h Avenue South are all viable delivery sites in Naples. Horizon Way in Park Shore, and Vanderbilt Beach Road in Vanderbilt Beach are also viable sites. Description of Alternative No. 3 500,000 Cubic Yards Over Two Years Eight beach heads would be needed to deliver approximately 250,000 cubic yards per year. Each beach head would be active for 3 '/2 to 4 continuous months, with a shutdown for Thanksgiving, Christmas, and New Year weeks. A delivery schedule from November through February would involve about 3,500 to 4,000 trucks per month. This plan would deliver approximately 30,000 cubic yards per year to Vanderbilt Beach. Using six to seven beach heads in Naples and Park Shore, 220,000 cubic yards per year could be delivered in this timeframe. \NC EOS YS\A PPS\NIS oFFICEIDATA%97001 �deisched.doc 16G1 44 aZo vl"11�57 MEMORANDUM TO: 97.001 (9050), Harry Huber, Jon Staiger FROM: Michael T. Poff DATE: March 25, 1998 RE: Beach Maintenance Permit Issues Beach Maintenance Program The current maintenance plan for the Collier County Beach Restoration Project proposes to renourish the beach fill segments at the eight year mark with approximately 400,000 cubic yards of sand from an offshore sand source. Also, an Emergency Stockpile of 50,00 cubic yards of sand from the Bonita Grande Sand Company was approved by the Board of County Commissioners (BCC) to provide beach compatible sand to address beach erosion emergencies. Two alternatives to this maintenance program have been proposed. First, the upland sand source is utilized to place 50,000 cubic yards of sand on the beach fill segments annually for eight years. Second, the upland sand source is utilized to place 250,000 cubic yards of sand on the beach fill segments annually for two years. Described herein are the permit issues with respect to each element of the maintenance program. The Collier County Beach Restoration Project Permits authorized a one -time hydraulic placement of over 1.3 million cubic yards of sand during the permitted construction windows. The FDEP Beaches and Coastal Systems (BCS) permit construction window expired October 9, 1997. The BCS permit expires October 9, 1998. The FDEP Wetland Resource permit (WRP) and construction window expires October 30, 2005. The ACOE permit and construction window expires November 3, 2000. Periodic Maintenance: Upland Sand Source FDEP issued permit modifications authorizing periodic renourishment of the permitted beach fill segments from approved upland sand sources in June 1997. The intent of the 16G1 • *% modification was to authorize placement of approximately 50,000 cubic yards per year of sand. Please note the BCS permit window was not extended by this modification. In personal communication with Robert Brantly, I proposed we revise the expiration date to match the ACOE permit expiration date. He indicated this was a logical choice. A request was made to the ACOE to modify their permit to authorize the proposed periodic renourishment. Michael Nowicki, ACOE, indicated this request would be reviewed after completion of the beach clean up efforts proposed for Naples Beach. The ACOE's modification process will include the standard 30 day public notice period. 8 -Year Maintenance: Offshore Sand Source The proposal to renourish the beaches after eight years from an offshore sand source will require a major modification to the existing permit or potentially a new Joint Coastal Permit (JCP) as described below. In either case, a new sand source will have to be identified and permitted. The BCC has approved this work which has commenced. Condition no. 4 of the WRP states "If any subsequent renourishment in the project area is desired during the duration of the permit, a major or minor permit modification, depending on the scope, shall be applied for." For example, a permit modification was issued to place the dredge spoil from Clam Pass within the northern reach of the Park Shore Beach Fill in January 1997. The eight -year maintenance interval falls inside the WRP permit window but outside the BCS permit window. Therefore, a new JCP including the FDEP and ACOE may be required. However, as part of the periodic renourishment modification, WRP condition no. 4 was deleted. It is possible that subsequent renourishment from an offshore sand source would be authorized through another permit modification. Due to the magnitude of the proposed beach fill quantity, it may be considered a major modification. Also, the ACOE permit would have to be modified to authorize the proposed activity. 2 -Year Maintenance: Upland Sand Source Bonita Grande Sand Company has provided a proposal to the beach committee to renourish the beach fill segments over the next two years with approximately 500,000 cubic yards of upland sand from their quarry. As stated above. the FDEP permits have been modified to authorize periodic renourishment from approved upland sand sources. Bonita Grande has received approval as an upland sand source from both the FDEP and the ACOE. However, the proposal of placing 250,000 cubic yards per year for the next two years may be deemed major reconstruction and fall outside the definition of periodic renourishment. It is my opinion that the permits would have to be modified again to allow for this magnitude of sand placement. Also. the ACOE permit would have to be modified to authorize the proposed activity. • • • RECEIYFG1 oil MAR 16 1998 Jan bard 0 'C unty COMMISSion ?r5 REGULAR MEETING OF JANUARY 9, 1998 K OF THE CODE ENFORCEMENT BOARD -SOUTH Let it be remembered, that the Code Enforcement Board - South, in and for the County of Collier, and having conducted business herein, met on this date at 8:30 a.m, in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE - CHAIRMAN: ALSO PRESENT: Jean Rawson, Attorney Norris / Hancock - �---�� Constantine: MaC'Kie - �- Berry Randy E. Merrill Rhona Saunders Lewis Oxley James Lavinski Diane Taylor Guy Adams Robert Lockhart P /,'sc. Core : Cupies TO: Page 1 i r m- i �y i : y6Pt•i FRU-i 643 $3d5 CODE ENFORCEMENT BOARD OF COLLIE& COUNTY FT ARID 12 a Date: Januar -f 9, 1998 &t 8:30 o'clock A.M. Location: Collier County Government Center, Admn. Bldg, 3rd Floor P. 1 IbGI #. t NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1• ROLL CALL 2. APPROVAL OF ACENDA 3. APPROVAL OF MINUTES November 14, 1997 4. PUBLIC HE PTNf S A- BCC vs. William H. Tort, II and Batty Tost CEB No. 97 -032 B. BCC vs. MAR LOU APARTMENT CONDOMINIUM ASSOC., INC. *CEB No. 98 -001 C. BCC vs. Robert E. and Lynn v. Cadenhead CEB No. 98 -002 5• NEW BUSINESS Amendments of By -Laws 6. OLD BUSIN .S�.S� A. BCC vs. I.K. Steuart, Trustee CEB No. 97 -026 Request for Imposition of Fines B. BCC vs. Mark G. Goatchcs CEB No. 97 -017 Request for Imposition of Fines C. BCC vs. Elizabeth Anton LaRocca CEB No. 97 -013 Request for Imposition of Fines 7. REPORTS NEXT MEETING DATE February 13, 1998 9• AWOURN • 16G3 �� January 9, 1998 CHAIRMAN MERRILL: At this time, I'm going to call to order the • Code Enforcement meeting at 8:45. We'll begin with a roll call. James Lavinski? MR. LAVINSKI: Present. CHAIRMAN MERRILL: Diane Taylor? MS. TAYLOR: Here. CHAIRMAN MERRILL: Robert Lockhart? MR. LOCKHART: Here. CHAIRMAN MERRILL: Lewis Oxley? MR. OXLEY: Present. CHAIRYLL.N MERRILL: Randy Merrill, here. And Lynn Bradeen is not present. You will note DeVito's name was not called. I'll note for the record he has submitted his resignation due to accepting a position with the county and has a conflict of interest, and it has been passed on to the commission. Do I have a motion to approve the agenda or were there any motions or corrections to the agenda? I•IS. CRUZ: Yes, sir. My name is Maria Cruz, Code Enforcement Specialist. With me, I have Mr. Ed Morad. He is acting on behalf of Linda Sullivan this morning. He is Code Enforcement Supervisor. MR. MORAD: Good morning. MS. CRUZ: There are a couple changes on the agenda. Under public hearings, we would like to request removal of Item C, and if the board would like an explanation of why staff is requesting this, I would like to call at this time the investigator involved in this case, and would be more than glad to give the board -- CHAIRMAN 14ERRILL: I don't think we need any testimony if you can just tell us the purpose that you're seeking to remove it. Are you still negotiating or has it been handled? MS. CRUZ: Yes, sir. We're still negotiating and there are a couple of personal problems on the respondent's part. And staff would like to be allov.ed a couple more days to another time to finalize this matter. CHAIRMAN MERRILL: Okay. I•IS. CRUZ: Also, under item 5, amendment of bylaws, we'd like to continue this item to the next board meeting. CHAIRMAN MERRILL: Any other changes? MS. CRUZ: No, sir. MS. RAWSON: Can I ask a question about the amendment of bylaws? I guess I need to know why we're continuing, what we're going to do at the next meeting. Do you want me to have the -- I mean, I've got the revisions here. Do you want me to have them all typed for them to sign next month? MS. CRUZ: Actually, the reason I'm asking to continue this is because I'm not aware of what this item is about -- MS. RAWSON: Oh, okay. MS. CRUZ: And Ms. Sullivan was covering this item, and she's not here today. MS. RAWSON: Okay. MS. CRUZ: But if it can be handled on your part, I would be more • Page 2 16GIof January 9, 1998 • than glad to. MS. RAWSON: What I would like to do is do both. What I would like to do is read to this board our proposed revision to the bylaws or the rules and regulations, and you know, get their input and maybe their vote. And then next time, I can have new rules and regulations ready for their signature if they approve the bylaws. And I think that it's self - explanatory why we've made the revision, and it has to do with what happens if somebody resigns. CHAIRMAN MERRILL: Why don't we leave it on and at least set for discussion today? MS. CRUZ: All right. CHAIRMAN MERRILL: So are there any other, aside from public hearing number C, is there any objection to removal of public hearing number C? Hearing pone from the board. Any other changes to the agenda? Hearing none, do I have a motion to approve the agenda, as amended? MS. SAUNDERS: So moved. CHAIRMAN MERRILL: Motion, and is there a second? MR. LAVINSKI: Second. CHAIRMAN MERRILL: Motion moved and seconded. Any discussion? Hearing no discussion, all those in favor, indicate by saying aye. All opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Approval of minutes from November 14, 1997. • Is there a motion to approve? MR. LAVINSKI: I'll make a motion we approve them as presented. CHAIRMAN MERRILL: Is there a second? MS. SAUNDERS: I'll second. CHAIRMAN MERRILL: Moved and seconded. Any discussion or any additions or corrections to the minutes? Hearing none, all those in favor of the motion, please indicate by saying aye. All opposed? (No response.) CHAIRMAN MERRILL: Motion carries. We are now into public hearings, ladies and gentlemen. * ** The first case is Board of County Commissioners versus William Tost, II, and Betty Tost, Code Enforcement Board case number 97 -032. All those that are going to be testifying in that matter, please come forward and be sworn. (All witnesses were sworn.) CHAIRMAN MERRILL: Staff, you may proceed. MS. CRUZ: Mr. Chairman, case number -- BCC versus William H. Tost, II, and Betty Tost, CEB number 97 -032, at this time we have Dave Hedrich. Dave will advise this board of the status of this case. CHAIRMAN MERRILL: Is this a status, or is this a -- MS. CRUZ: I'm sorry. This is a new hearing. CHAIRMAN MERRILL: Because this name is not unfamiliar to me for some reason. Has it been before us before and continued? • Page 3 16G1 January 9, 1998 MS. CRUZ: This case was here before the board on the November . 14th meeting. It was continued. Mr. Tost requested some more time to prepare for a defense, and the board agreed to continue this matter until today. CHAIRMAN MERRILL: I believe my recollection is Mr. Tost also agreed that he had oral notice to be here, at that meeting? MS. CRUZ: Yes, sir. CHAIR1 -!AN MERRILL: Let the record reflect Mr. Tost is not here. So at this time, do you have an exhibit that you wish to lace into evidence? to p lace CRUZ: Yes, sir. I've prepared a composite exhibit. I've provided a copy to the respondent, to the reporter, and to the board. At this time, I would like to request that this Composite Exhibit be marked Composite E?chibit A and be introduced into evidence. CHAIRMAN MERRILL: It will be marked as Composite Exhibit A. Is there any objection to it being received in evidence? Hearing no objection, it will be received. ahead. i�r. Hedrich, if you want to proceed with your testimony, go MR. HEDRICH: Thank you. David Hedrich, Collier County Code Enforcement investigator. In larch of '97, we received a complaint that a property located on 106th Avenue, S.E., in the Golden Gate Estates, Unit 150, Block 117, was in violation of the Collier County Land Development Code. After investigation, it was revealed that a mobile home structure, a travel trailer and other items had been placed at the • site, and they were in violation of the Collier County Land Development Code. Notices of violation were sent to the property owners, by certified mail. All the green cards were signed for and returned to this department. There was communication with the property owners on several occasions between them and myself involving the violations on the property, and to no avail. We were not able to come to any resolve in this matter. The son of the property owners was the one who was involved with the placement of the items at the site. He continues to use the mobile home and other structures and items placed at the site, and at this time we have had no attempt for permits to make these items legal. There has been no attempt to remove these items, in particular, the mobile home and travel trailer. A well was also dug at the site in order to obtain water for usage at the site. There were no permits ever obtained for the drilling of the well. Just before the Christmas holiday, William Tost, III, brought an Abstract of Title for the property to our office. There was something in there he felt would bring clarity to this matter and show that through somewhere in the Abstract of Title, he was allowed to place all these items there without the permission from Collier County, permits from Collier County, or anything there like that. Page 4 16 G1 A o January 9, 1993 • Through the study of the Abstract of Title, on page 188, I did come across a page here that indicated that the property was indeed governed by any and all Collier County zoning ordinances and development codes. So it did, in fact, just prove the opposite of what they were trying to show. CHAIP.MkN 14FRRILL: So what you're telling us is that the mobile home, the well, and the camper are still erected on the property? MR. HEDRICH: Still erected on the site. CHAIRMAN MERRILL: That is contrary to the code because it has not been the permitted use? MR. HEDRICH: Correct. CHAIPI -IA14 MERRILL: Any members of the board have any questions of Mr. Hedrich at this time? MR. HEDRICH: I do have photographs from yesterday, as well, showing that everything still exists, if the board wishes to examine them. CHAIPY,. ;21 MERRILL: I think those have been included, actually, in the packet. MR. HEDRICH: These were from yesterday. CHAIRMAN MERRILL: Oh, yesterday? You went out there yesterday? MR. HEDRICH: Yes, I did. CHAIRMAN MERRILL: Does anyone have any questions? Yes, sir. MR. OXLEY: I have a question in reference to the photographs of the interior of the mobile home. Are we authorized to enter a mobile home and take photographs, or did you have a warrant to enter the • mobile home, and how did we take the photographs? MR. HEDRICH: I'm not sure how those photographs were obtained. It was something I did not pay for or include in the packet. MR. OXLEY: If that is a home, even though it is not -- on legally zoned property but there was not a permit, are we authorized to go in that home? I don't know. MR. HEDRICH: Can you repeat, please? 2IR. OXLEY: I'm just trying to find out, are we authorized to go in that mobile home and take pictures, or do we have a warrant to enter the mobile home so we can take pictures? I do not know. MR. MORAD: Excuse me. I think you asked the question about can we go into a mobile home to take photographs of violations? MR. OXLEY: Permitted. MR. MORAD: Yes. We cannot force our way in. If the door is open and we can take pictures through the windows, we're allowed to do that, yes. MR. OXLEY: So we're assuming that the door was left unlocked to that mobile home? MR. MORAD: That's what I'm assuming, yes. CHAIRMAN MERRILL: Any other questions? MS. TAYLOR: What does staff recommend that we do? 2-IS. CRUZ: Staff recommends that Mr. Tost obtain all required permits, including if Mr. Tost wishes to keep the mobile home on -site, he will be required to obtain a temporary use permit for that mobile home, along with the building permit to build the main -- the • Page 5 16GI mvq January 9, 1998 principal structure. • In addition to those permits, he also needs permits from the state, because the area that he is in is a wetland area and he's required to get permission from DER and Army Corps. MS. SAUNDERS: Does staff have any recommendations as to fines or methods of forcing him to obtain these permits? MR. 140RAD: Can I answer that? MS. SAUNDERS: Sure. MR. MORAD: Also, what staff is recommending after obtaining, like Maria said, we would like to give 120 days to obtain the necessary county and state permits. I believe he has to go through Army Corps of Engineers, DER. We're also recommending that once obtaining the permits, that we give him 18 months,to do all the required inspections and also obtain a C.O., or remove all violations on the property. If. he doesn't, we'd like to request a $100 per day fine. CHAIRMAN MERRILL: Any further questions? MS. SAUNDERS: Yes. I'm not sure if this is for Jean Rawson or for you up here. When this case was brought back before us in November and continued, weren't we exactly at the same place we are now? In other words, that he was notified the permits need to be obtained; he's been notified of that. My concern is why are we giving 120 days? Is it possible, if the board so desires, to start the fines today until such time as the permits are obtained? MS. RAWSON: The answer is yes, of course it is. And then he can • always come in and ask for the fines to be suspended. I'm not sure how long it takes to get all the required permits, and I think that's probably a valid question to ask staff. CHAIRMAN MERRILL: Before we get down that road, we still are on the evidentiary portion. Are there any evidentiary questions of Mr. Hedrich? MS. SAUNDERS: Am I correct that to the best of your knowledge, there has been no action or attempt, since this began in March of '97, to obtain any kind of permits? MR. HEDRICH: That's correct. CHAIRMAN MERRILL: Any other questions pertaining to the testimony of Mr. Hedrich? Yes, sir. MR. OXLEY: Are these units being occupied or are they just sitting there? MR. HEDRICH: The units, as claimed by the owners, are occupied occasionally on the weekends. The premises is used basically as a hunting camp. else? CHAIRMAN MERRILL: Any other questions? Mr. Hedrich, anything MR. HEDRICH: No, sir. I would like to submit a copy of page 188 from the Abstract of Title that was presented from the owners themselves, which shows that the property is governed and restricted by all Collier County zoning ordinances. CHAIRMAN MERRILL: without objection, mark that as Exhibit B. Page 6 16 al 44 January 9, 1998 • Staff, do you have any other witnesses? MS. CRUZ: No, sir. CHAIRMAN MERRILL: Are there any other witnesses to be called in this case? Hearing none, do you have a summary or recommendation as to a finding of fact? MS. CRUZ: Staff recommends that this board find Mr. and Mrs. Tost in violation of Collier County Land Development Code 91 -102, Section 2.7.6, paragraphs 1 and 5, and that the board order the respondent to correct the violations by obtaining all necessary permits, including a temporary use permit for a trailer while constructing the principal building. Also to obtain the necessary permits from the state, being DER and Army Corps. Also to follow the building permits guidelines, which is obtain all necessary permits and a Certificate of Occupancy within 18 months or remove all violations. If Mr. -- the respondent fails to comply with this order, a $100 fine be imposed for every day violation continues. CHAIRMAN MERRILL: Hearing that recommendation, do I have a motion on that from the board as to the findings of fact that the Tosts are the owners of the record property; that the Code Enforcement Board has jurisdiction over the person; and that they were not present, although they had proper notice to be here; that all notices required by Collier County Ordinance 92 -80 have been properly issued; •and that the real property legally described herein Exhibit A is in violation of the sections that have been cited here. Do I have a motion to that effect? MR. LAVINSKI: I'll make a motion that all findings of fact as presented in Exhibits A and B are correct, and that the respondent be found in noncompliance. CHAIRMAN MERRILL: Do I have a second? MS. SAUNDERS: Second. CHAIRMAN MERRILL: Motion's been moved and seconded. Is there any further discussion on the motion as to the findings of fact'? Hearing no discussion, all those in favor of the motion, indicate by saying aye. All opposed? (No response.) CHAIRMAN MERRILL: Motion carries as to findings of fact. Do I have a motion as to conclusions of law that the violations of the sections so mentioned by staff have been, in fact, found, and that we have now heard staff's recommendation. Is there a motion to accept staff's recommendation? MR. ADAMS: Could I ask a question? CHAIRMAN MERRILL: Yes. Well, why don't we get the motion moved and seconded, and then we'll discuss it? Does anyone have that motion to accept staff's recommendation as to what we should do? MS. SAUNDERS: I will move that we accept staff's recommendation Page 7 16 G1. w :, January 9, 1998 with modification, if that's appropriate. CHAIRMAN 14ERRILL: Okay. It's your motion. MS. SAUNDERS: The modification being that the fines begin immediately. CHAIRMAN MERRILL: That's the motion? MS. SAUNDERS: I guess. CHAIRMAN MERRILL: The motion is, as to the recommendation, is to accept the recommendation of staff; b, to get all necessary permits within an 18 month period, I think is what you said. MR. MORAD: After obtaining all necessary permits, the 18 month period was to do all inspections and obtain a C.O. CHAIRMAN MERRILL: But the necessary permits were within 120 days then, and 18 months to get a C.O. and all inspections. MR. MORAD: Right, if he obtains the necessary permits, both state and local. CHAIRMAN MERRILL: And Mrs. Saunders' motion was that the fines were to begin today. Was there a second to that motion? MS. TAYLOR: I'll second that. CHAIRMA11 MERRILL: Motion's been moved and seconded. Now we have discussion. MR. ADAMS: I think we granted him an extension back in November for him to have a chance to, you know, come and defend himself, and I'm not sure why he's not here today. But I just feel like to impose the fines immediately, I think we need to at least give him like 30 days before we start fining him; give him a chance to come in and get all the permits and everything. O We did grant him an extension. He may or may not have a good reason why he's not here today. C'riAIP14AN MERRILL: Any other discussion on that? MS. TAYLOR: I disagree. He's had plenty of time; he's had notification; everything. The board has been more than lenient, and I agree with Rhona, we need to start the fines immediately. M,S. SAUNDERS: I would point out that our legal counsel indicated that he always has the option of coming in and asking for a waive: of fines afterwards, if he has a good cause as to why he has not been here today and so that's a modifier. 1;R . ADA1.1S : Sounds reasonable. CiiAIR1.1.A14 MERRILL: Anything further? I'm sorry. OXLEY: Can we legally start the fines today? CHAIRMAN MERRILL: Mrs. Rawson, I think that's thrown in your direction. MS. RAWSON: The answer is yes, you can. And then, of course, he has to come back in and ask that the fines be suspended or abated when he can show that the permits have been obtained, you know, that he will be back on the agenda. But sure, you know, you have that right. CHAIRMAN MERRILL: Mr. Adams, do you have a problem with that? MR. ADAMS: No, I'm satisfied with it. CHAIRIAN MERRILL: Okay. Any other discussion on the motion? Hearing no discussion, call the matter. All those in favor of n U Page 8 16CI January 9, 1998 the motion, indicate by saying aye. All opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Any further matters on this Code Enforcement case? * ** Hearing none, we'll move to the next Code Enforcement Board case number, which is Board of County Commissioners versus Mar Lou Apartment Condominium Association, Inc., Code Enforcement Board number 98 -001. First one of the year. All those that will be testifying in that matter, please come forward and be sworn. (All witnesses were sworn.) CHAIRMAN MERRILL: Would everyone please indicate their name for the record? MS. POLEN: Kimberly Polen, Code Enforcement Investigator. MR. ROBBINS: Grant Robbins, condominium association manager. MR. SZEMPRUCH: Anthony Szempruch, association president. CHAIRMAN MERRILL: Let me set out for you the process, gentlemen, since you have not been here before. They will present any evidence that they have by way of testimony. You will have the opportunity first, to ask any questions that you might have of any of the witnesses that they have. Once they are done presenting their testimony, then it's your opportunity to testify to anything you wish to testify to. They will have the opportunity to ask you questions, and then the board has the • opportunity to ask anyone questions. At the close of all the testimony, they will have an opportunity to make a recommendation, if you will, or a final statement. So will you. The board will take up any motions at that time and we'll make a decision today. Okay? MR. ROBBINS: Okay. CHAIRMAN MERRILL: So with that, staff, you may proceed. The burden is on them. MS. CRUZ: Mr. Chairman, at this time I request that a composite exhibit be introduced into evidence, as a composite exhibit was provided to the respondent, to the board members, and to the clerk of board. This composite exhibit would be marked BCC versus Mar Lou Apartment Condominium Association, Inc., CEB number 98 -001, as Composite Exhibit A. CHAIRMAN MERRILL: Let me then ask again, sir -- I didn't catch your last name. MR. ROBBINS: Robbins. CHAIRMAN MERRILL: Mr. Robbins, since you're closest to the microphone, I'll ask you. Did either one of you or both of an opportunity to receive and review that You have at about? packet that she was talking MR. SZEMPRUCH: We got a packet; we've got copies. Mr. ROBBINS: It was not sent to me. I got a copy from Tony. CHAIRMAN MERRILL: That was Mr. Szempruch? • Page 9 7 6 G1 ,,I I January 9, 1993 MR. ROBBINS: Yes. 40 MR. SZEMPRUCH: Myself and the association attorney, who apparently has a conflict of interest here. MR. ROBBINS: Because one of his associates is on the Code Enforcement Board and cannot represent us. CHAIRMAN MERRILL: Okay. MR. ROBBINS: At Roetzel and Andress. CHAIRMAN MERRILL: What that would have been would have been your notice of the hearing, a statement of violation, probabl y photographs. It would have been a document about half an inch thick. MR. SZEMPRUCH: That must be the one we have; yes. CHAIRMAN 14ERRILL: All right. Have you had an opportunity to review that document? MR. ROBBINS: Yes. CHAIRMAN MERRILL: Do you have any objections to the document being entered into evidence at this time? MR. SZEMPRUCH: No. CHAIRMrN MERRILL: Then without objection, that exhibit will be admitted. MS. CRUZ: Mr. Chairman, for the record, I'm aware that the copies that have been provided to the board, and perhaps to the respondent, pages 8 and 9 are missing. I have the original document here, if the board wishes and the respondent wishes to view these two pages at this time. CHAIRMAN MERRILL: Why don't you let them review that and make sure that 8 and 9 are included. You can then, after that, up a copy and pass it, so that the board members can take a look hatdthat, if they have no objection to that. Pages 8 and 9 are the handwritten notices of violation? MS. CRUZ: That's correct, sir. Also, let me recite that there is an error on the spelling of the last name on page 8 of Steven M. -- should be F like Frank, a -1 -k. The document reflects S like Sam, a -1 -k. CHAIRMAN MERRILL: Gentlemen, you've had an opportunity to take a look at these. Do you have any objection to them being included in that packet? MR. ROBBINS: No. MR. SZEMPRUCH : No. CHAIRMAN MERRILL: They will be admitted without objection in Exhibit A also. Staff, do you have any other physical evidence, documentary evidence that you wish to submit? MS. CRUZ: No, sir. CHAIRMAN MERRILL: Call your first witness. MS. CRUZ: At this time I call Kimberly Polen. MS. POLEN: Yes. Good morning. In July of 1997, we received a complaint regarding a violation of Section 2.4.3.7 of Ordinance Number 91 -102, as amended, at 2100 46th Terrace, S.W., Naples, Florida, more particularly described as Golden Gate City, Unit 2, Block 24, Lots 12, 13, 14, 15, and 16. 9 Page 10 16G1 January 9, 1998 I observed the violation on July 18th of 1997. The violation pertains to the failure to maintain the required landscaping, specifically hedges or shrubs missing adjacent to the vehicular rights of way. On that same day, July 18th of 1997, a notice of violation was sent out. The date on which the violation was to be corrected was August 18th of 1997. On August 8th of 1997, I spoke with Grant Robbins, the association manager, and he forwarded a request for an extension, and that is in the letter dated August 8th of 1997. Staff granted an extension and scheduled a reinspection for November 18th of 1997. Staff inspected the site on November 25th of 1997 and found the violation still remains. The violation remains as of January 6th of 1998, as well. CHAIRMAN MERRILL: Do you have any questions of Ms. Polen, either one of you? Actually, if I could have just one of you speaking for both of you, rather than kind of double teaming. So you can talk amongst each other, but let's just have one answer the questions. MR. ROBBINS: The condo association has been there since 1983, and by what I can see on the county ordinance, it looks like the violation was established in 1991. I don't know if there is such a rule governing grandfathering in, because those hedges or shrubs have not been there for well before I was there, but a long time. CHAIRMAN MERRILL: Let's just turn that into a question to you, Ms. Polen. Do },ou know whether or not they would be grandfathered under the '91 ordinance because of the preexisting condition of their property that was there before 1991? MS. POLEN: The property is associated with building permit 825076. The development occurred in 1982 and thus the '82 zoning ordinance applies to this property. And the way our code reads today is that the landscape code has been repealed into the Land Development Code, which is Ordinance Number 91 -102. So in terms of replacement shrubbery, that would be based on the '82 code. CHAIRMAN MERRILL: The '82 code was assumed and just renamed as the Land Development Code? MS. POLEN: Right. CHAIRMAN 14ERRILL: The requirements were the same in '82 as they are in '91 -- today? MS. POLEN: I know they have been amended over time. CHAIRMAN MERRILL: For them? MS. POLEN: Yes. For them it would be applied to the time of development as the standards they would have to meet today. CHAIRMAN MERRILL: Does that answer your question? MR. ROBBINS: Yes, sir. CHAIRMAN MERRILL: Do you have any other questions? MR. ROBBINS: Not at the moment. add? CHAIRMAN MERRILL: Staff, Ms. Polen, anything else you want to MS. POLEN: No. CHAIRMAN MERRILL: Staff, any other witnesses? MS. CRUZ: No, sir. Page 11 16GX *!a January 9, 1998 CHAIRMAN MERRILL: That concludes your witness portion. • Gentlemen, do you want to testify, either one of you? MR. ROBBINS: Yes. I want to explain the situation, what has transpired here. CHAIRMAN MERRILL: Mr. Robbins? Go right ahead. MR. ROBBINS: Basically, we have three buildings there, a total of 16 units. In the last year -- and it's still settling out right now -- we've had six foreclosures in there. We have a collections report where we have almost $11,000 owed to us as of December in back maintenance fees and probably about 99 percent of that is not going to be collectible because of the State law that states any mortgage prior to 1992 is not -- the lender is not responsible for paying delinquent maintenance fees. So basically,,they are in dire financial straits. They have about $200 in their checking account, and they have accounts payable of about $15,000 at this point. Some of the bankruptcies are -- the lenders have taken them over. Some have bought them just recently at Sheriff's sales, or whatever you call them. But I don't know where the money is going to come from, you know, to pay up everything in the black. Plus now, I got a quote for putting the shrubbery in of about $17,000, and I can't get blood out of a turnip. I'm sorry. I don't know any other way to put it. CHAIRMAN MERRILL: Let me redirect this. Do you have anything else to add, first? MR. ROBBINS: No. CHAIRMAN MERRILL: Does staff have any questions of Mr. Robbins? I•IS. CRUZ: No, sir. CHAIRMAN MERRILL: I have a question for you. MR. ROBBINS: Sure. CHAIPMAN MERRILL: Are you disputing the fact that the shrubbery is required? MR. ROBBINS: No. CHAIRMAN MERRILL: And it is not there? MR. ROBBINS: It's not there. CHAIRMAN MERRILL: So really, yours comes down to dollars and cents. You can't afford to put it in. MR. ROBBINS: Right. CHAIRMAN 14ERRILL: Anyone else on the board have any questions of these gentlemen? MS. TAYLOR: How many shrubberies are you talking about out there? MR. ROBBINS: The quote I got -- they're asking for a double layered hedge around the complex or the road encroachment -- and the quote that I got is quoting me 1867 cocoa plums and 900 bags of mulch, totaling $17,264. MR. SZEMPRUCH: If I can add something to that. So that those hedges would continue to grow, we would have to add an irrigation system also, because there is no irrigation system in that area. But that would be even more of a burden. Page 12 16Gl# January 9, 1998 The plants were replanted approximately four years ago, but because of no irrigation system, 90 percent of them are dead. That's just additional money we'd have to come up with. MS. SAUNDERS: Do I understand the shrubs, as required by the landscaping code have never been there? In other words, since the condo was -- MR. SZEMPRUCH: No. The shrubs have been there. tIS. SAUNDERS: So are these dead ones, ones that died several years ago and have never been replaced? MR. SZEMPRUCH: Yes. MS. TAYLOR: This presents a real dilemma. It can't be let go, because what are other owners going to think? If this can happen here, we can also do this. And the Parkway has problems enough. It cannot be allowed Co remain this way. MR. ROBBINS: Basically, what we're trying to do, as you know, in Golden Gate City, it's a major problem there with the drugs and everything else. We have been foreclosing on these units on the deadbeat owners. We're trying to get it straightened out, but it doesn't happen overnight. It takes a lot of time, as you know, in foreclosure and all this. And basically, we are trying to clean up the complex. But I've got insurance bills out there on the building that I can't pay yet, and if I can't pay these, these mortgage lenders are going to come after every owner first. MS. TAYLOR: Did you ever consider getting a shovel and going and • buying some shrubs yourself and planting them yourself? It would be a whole lot cheaper. MR. ROBBINS: Yes. I manage the association, the books, and all that type thing. I don't, per se, do any physical -- get paid. Well, I'm not getting paid anyhow, because they can't afford to pay me. But, so, no, I don't do any physical labor there myself. Tony does take care of the landscaping because of the financial burdens there. MR. SZEMPRUCH: There's a lot of maintenance; picking up garbage. As far as getting individual owners to maybe plant some in front of each of their units, we can't even get half the individual owners to pay their assessment of $142 a month. That's why there's been so many foreclosures. We have no reserves for the pool, no reserves for the roof. We don't have any reserves built up over the years, because there's been such a problem with collecting assessments from people. The bank foreclosed on them; we've foreclosed upon different people, which doesn't help us, because we get a unit that is still owned by the bank. The bank people have sold like three in the past two months or so, that hopefully, those individuals that took them over will start paying their maintenance fees. But right row, it's hard to get, out of 16 owners, to get a 20 percent response from them for anything. It's a sad situation for a condominium association. • MR. ROBBINS: There is only one owner that lives there. The rest Page 13 16GIl,-c January 9, 1998 are all used as rental property, or for whatever. MS. SAUNDERS: I have a question. I'm not sure if staff can answer this or not. Is there any way in which the county could provide the landscaping as needed, or a portion of it, in effect, under a loan arrangement or something to the individual condominium association -- association members, in other words? Could the landscaping be put in, could it be worked into their budget as an assessment on the condominium fees, and it be repaid to the county in that manner? MR. MORAD: Not that I'm aware of, no. MR. LAVINSKI: Mr. Robbins, if I might ask you one question, or two questions, actually. I'm sure you did your budget in the last 60 days, the 1998 budget. Does that reflect any of this dire need for money? Has your 1998 assessment been projected, and do you plan to do a special assessment, as allowed by page 8 of your documents here? MR. ROBBINS: You have to figure out your budget and appropriate for 16 units. If you're not collecting the money, you're still not getting it. To do an assessment, these condo docs really need to have 75 percent majority approval to do this. I have not had 75 percent ownership that is responsive, where I could take any action to do this. I have six units that were in foreclosure. CHAIRMAN MERRILL: Are they in foreclosure or actually foreclosed? MR. ROBBINS: There are five, as of the end of December, that • have been foreclosed or closed on. There is one still out there, I heard rumors that it was put up for foreclosure sale, but I have not received any paperwork as of yet from the attorney. tIR. LAVINSKI: So if these were actually foreclosed, then you do have a new owner, the bank, and they should be paying their fair share from the day of foreclosure. t;R. ROBBINS: Right. tIR. LAVINSKI: So it looks like you only have one unit that doesn't have an owner or it's in foreclosure. MR. ROBBINS: Right, at this point. I do have an owner that has two other units who is behind now, and it looks like we may have to put a lien and begin proceedings on him. MR. LAVINSKI: Okay. But I'm not sure you got my question. Is there any plans or was there any change to your '98 budget to go from 140 a month to 240 to make up the difference, to get the money for these plants? MR. ROBBINS: No, there wasn't. MR. LAVINSKI: Okay. Thank you. MR. SZEMPRUCH: The condo docs say the max that can be adjusted on the maintenance fees is like 15 percent per year without the okay of 75 percent or more of the owners. Last year, we jacked the rate up 15 percent, the max, and weren't collecting it then, haven't been collecting it since then. This year, I imagine we'll do the same thing. We need reserves for the pool., the • Page 14 16G1 Al January 9, 1998 • roof, have the maintenance done there, put the sprinkler system in, and so on and so forth. And the amount of money we're collecting now, it's just going to put a burden on the other people. But we can only put a burden of 15 percent additional, unless we have 75 percent owner say -so. MS. SAUNDERS: When a unit is in arrears, does the condo association put a lien on that unit? MR. ROBBINS: Yes. What we did is, we filed a lien with our attorney and at that point, then they send out like, you know, filed the lien, and at that point, they try and collect from the owner. If that's not able to be done, then they go for foreclosure proceedings. But normally your bank or mortgage lender has first -- MS. SAUNDERS: So you don't have any protection. If the unit goes into foreclosure by the bank and is bought by the bank, you are not one of the creditors that is paid off? MR. ROBBINS: Not if the mortgage was prior to 1992. By Florida law, they are not responsible for repaying it. MR. MORAD: Could I ask a few questions to the gentleman? You did get one quote and that was $17,000? MR. ROBBINS: Yes. MR. 140PAD: Have you attempted to get other quotes that would probably be a lot less? MR. ROBBINS: At this point, no, I haven't. MR. MORAD: Because I asked Kimberly that same question •yesterday, approximately how much she thought it would cost - MR. ROBBINS: Right. MR. MORAD: -- based on the '82 code, not based on the current code. And she gave me an approximate figure of around $3,000 to $5,000. Of course, she's not an expert, per se, or a contractor. MR. ROBBINS: Neither am I. MR. MORAD: And the irrigation part of it, it probably could be maintained manually without installing irrigation, just so the shrubs don't die again. MR. ROBBINS: Per se, we don't have a maintenance person on -site to be doing this, you know. MR. MORAD: Have you discussed any of this with the owners or the banks about the violations or maybe the imposing of fines if it wasn't corrected? MR. ROBBINS: well, most -- a lot of these foreclosures have just come down in the last month. Actually, about four of them have. One of them, I don't even have a contact at the bank other than they are in New York. And I have their address, I don't have the phone number to get in touch with them. MR. MORAD: So you haven't contacted the mortgage lenders or the banks? MR. ROBBINS: No. Other than sending the maintenance fees for the first quarter, hoping that they will pay. MR. MORAD: Thank you. CHAIRMAN MF.RRILL: Any further questions? Do you have any other testimony you wish to produce? 0 Page 15 16GI ti % January 9, 1998 MR. SZEMPRUCH: Nothing at this time, except this is a hardship case. We'd like to do something and we'd like to comply with the county's rules and regulations, but at the time, the one thing that's stopping us is the money. It's not there. Even if we could find someone to do it for four or $5,000, there is not even four or $5,000. The condo association will probably look into special assessments and see what we can do with special assessments against the owners, so we can get this done. But exactly what we'll be able to do, I'm not positive. CHAIRMAN MERRILL: Anything else? MR. SZEMPRUCH: No. CHAIRMAN MERRILL: Anything else from the board? I have one question. Have you had your annual meeting yet? MR. ROBBINS: No, that's March. CHAIRMAN MERRILL: March? MR. ROBBINS: The condo docs say March. CHAIRMAN MERRILL: Any other evidence from staff? MS. POLEN: No. CHAIR2,.AN MERRILL: That will close the evidentiary portion. Do you wish to make any statement or recommendations? MR. MORAD: Yes. Maria will. Ms. CRUZ: Staff requests that this board find Mar Lou Apartment Condominium Association, Inc., in violation of Land Development Code 91 -102, Section 2.4.3.7. CHAIRMAN MERRILL: Do you have any statement that you'd like to make other than what you've already told us? MR. ROBBINS: No. CHAIRMAN MERRILL: All right. That will close the evidentiary portion of this hearing. Thank you both. Do I have a motion as findings of fact in this, whether or not a violation exists and has been proven here today? Mr. LAVINSKI: Yes. I'll make a motion that the findings of the facts have been proved by the Exhibit A that we received, the documents here; and that they are in violation of the code as specified. MS. SAUNDERS: I'll second that. Ci-iAIRI•U -N MERRILL: I'll take that motion and expound upon it for the record. Is it that your motion is that the condominium association is the record owner of the subject property; that the Code Enforcement Board has jurisdiction of the person and of the respondent; and that they were present at the hearing; that all notices by the Collier County Ordinance 92 -80 have been properly issued and that the real property legally described in the packet is in violation of the ordinance as previously described? Is that your motion? Mr. LAVINSKI: Yes, that is. CHAIRMAN MERRILL: Is that your second? MS. SAUNDERS: Yes. CHAIRMAN MERRILL: Any discussion on that motion? All those in favor of the motion indicate by saying aye. Page 16 16G1 r4 a. January 9, 1998 . Opposed say the same? (No response.) CHAIRMAN MERRILL: Motion carries. Now, we're into the portion where you've been found in violation, what we're going to do. Do you have a recommendation as to what we should do? MS. CRUZ: Staff recommends that the board orders the respondent to correct the violation immediately or a $100 fine be imposed for every day the violation continues. CHAIRMAN MERRILL: How much time to correct? MS. CRUZ: Immediately. CHAIRMAN MERRILL: Well, that would mean when we walk out the door. MS. CRUZ: To,begin working on correcting the violation immediately. The respondent's been aware of the violation since July of '97. CHAIRMAN MERRILL: Is there a recommendation as to the time for completion? Obviously, these plants, if they are planted, are going to continue to grow. MS. CRUZ: Allow me a second, please. CHAIRMAN MERRILL: Sure. MS. CRUZ: Staff recommends that within 30 days respondent complete the compliance of the violation. in? CHAIRMAN MERRILL: When would you recommend fines, if any, kick • MS. CRUZ: Excuse me, please. MR. 140RAD: May we have a second? Kim just suggested something. CHAIRMAN MERRILL: Sure. I think my question was -- oh, I'm sorry. MR. MORAD: Kim basically wants to check. I guess in his testimony he said there was a March meeting, association meeting, for all owners involved. Kim recommended that we let them bring this to the attention of their association members to see if they would all be willing to, you know, get the job accomplished, pay for the landscaping. MR. ROBBINS: I believe it's the first Tuesday in March, but I have to find out for sure. MR. MORAD: Do you expect all the owners to be at the association meeting? 14R. ROBBINS: Well, if it falls true to form with most condos, no. • MR. MORAD: That's my concern. MR. ROBBINS: You generally send out proxies, and generally, the majority who holds the meeting is by proxies that they mail back and not attend in person. MR. MORAD: Can I ask him another question? If you contact all the banks and the mortgage lenders, do you foresee a problem for them to put in their part of the expense, especially if they can get another quote that's lower? Page 17 16GIKoI January 9, 1998 MR. ROBBINS: First off, I have to talk with our attorney to find out what, by law, how I can -- what is required so that I can do this assessment, what I need. I don't know personally myself. MR. MORAD: So you're just going to try the assessment, the special assessment then, rather than ask them for the money? MR. ROBBINS: Ask who, the owners? MR. MORAD: All the owners, yes, the banks or the mortgage j lenders? MR. ROBBINS: You could probably approach it both ways. I don't know what kind of response you will get by asking the owners to volunteer money that we need this, without it being enforceable. CHAIRMAN MERRILL: Let me try to get to the point of this. They made a suggestion as to -- I think what your suggestion is going to come out to be is that, although we found them in violation today, we take no specific enforcement or final action until you have had the opportunity to bring this matter before your general meeting membership. Is that where you're heading? MS. CRUZ: That's correct. CHAIRMAN MERRILL: Okay. Is that acceptable to you? MR. ROBBINS: Yes. CHAIRMAN MERRILL: Actually, that did cut things pretty short. I was going to suggest to you that in talking to them, you might want to make them aware -- and I don't know if the board will vote on this today or not -- that if they do nothing, even the mortgage holders, by the fines, that I believe if we were to impose fines, either now or in the future, they are liable for those fines. And that's going to taint their title if they try to then resell the property that the banks are holding. Mrs. Rawson, I believe that that -- MS. RAWSON: That's right. CHAIRMAN MERRILL: I would think that they would want to protect their assets. It's just an observation, it's not really -- take it for what it's worth. MR. ROBBINS: No, I understand. CHAIRMAN MERRILL: We are at the portion then, if that's acceptable to you, that is staff's recommendation. Let me refrarne it again. That we have found a violation. That the order of the board would be to begin preparations to correct the violation. However, it's anticipated that there would be little if nothing done until after they have had an opportunity to have their annual meeting, which is now scheduled in the month of March, 1998. So I'm going to add on to that that wish to have this case brought back as old business in our April meeting, and at that point in time, depending on what is proposed to be done, the board will consider whether or not we should take up the issue of the imposition of fines. Is that staff's motion or did I overstate it? MR. MORAD: No, sir; you're right. CHAIRMAN MERRILL: That is the recommendation, excuse me, from is Page 18 16G1 A& January 9, 1998 staff. Do I have that in the form of a motion from anyone on the board? Hearing none, do I have any other motions from anyone on the board? I'll make a motion that this matter be continued for the purpose of determination of assessment of fines if necessary until the April meeting. That in the meantime, the respondents are ordered to take whatever necessary steps to prepare for the correction of the violation. And you are requested to reappear at the April meeting and advise us as to the steps that you have taken and the vote of your board. I'd prefer that you have documentary evidence or whatever you do to record that as to what you're going to do to make assessments so that this can be corrected in a timely manner. That would be my motion, if there is a second. MS. SAUNDERS: I'll second it. MS. CRUZ: Mr. Chairman. CHAIRMAN MERRILL: Yes. MS. CRUZ: Staff would like to request if the respondent is willing to waive the notice requirement for the April meeting. CHAIRMAN MERRILL: Good point. The notice requirement would be that they would have to send you notice through the mail, certified mail. Are you willing to accept this notice today for the meeting of April -- • MS. CRUZ: April 10th. CHAIRMAN MERRILL: April 10th, beginning at 8:30? Do you accept this as notice for that meeting? MR. SZE4PRUCH: Yes, I do. MR. ROBBINS: Yes. CHAIRMAN MERRILL: Let the record reflect both gentlemen indicated that they would. The motion has been moved and seconded. Is there any discussion on that motion? MS. SAUNDERS: I would have one comment. And that is, that while I recognize this is extremely difficult for the condominium association, that they come in April, that we're granting this extension in return for your returning in April with a plan of action; how are you going to do it? If you don't have $17,000 to do landscaping, and you can get it done for $3,000, how are you going to get it done and in what time frame and who is going to specifically do what? Show us that you're trying to correct it, is what I want. CHAIRMAN MERRILL: I think that that's what our sentiment is. You know, we want to work with you as much as we can. We understand your financial straits, but we are somewhat constrained. There is a violation that needs to be corrected. MR. ROBBINS: I know and I have to follow state law in trying to get my stuff done, too. CHAIRMAN MERRILL: Sometimes we don't work in concert with each • other, do we? Page 19 16GI ig January 9, 1998 MS. RAWSON: Mrs. Cruz, would you check? I think April 10th might be Good Friday and I don't know if this facility is closed. MS. CRUZ: Excuse me a second, please. CHAIRMAN MERRILL: We'll get a date for this motion here in a second. But is there any further discussion on the motion, except for which date we're going to actually use? Our April meeting. MR. LAVINSKI: No. In their response, could you just, at your board meeting or your unit owners' meeting, have them give attention to that paragraph 1 on page 7 and paragraph 2 on page 8 of your Declaration of Condominium? It sounds to me like you can go ahead and get your 15 percent over your current budget. The special assessments sounds to me like you can do that. The board can do that; you don't need three quarters of your members because you're not looking for money to improve, you're looking for maintenance money. So I think it's a little easier to get than what might appear. But if you can just address those and show some effort, that you can't keep flouting the law. And if the current amount, if that's no good, you need to address it and look for a new number. However, if you can't get the old number, a new higher number is probably not going to help either. But at least, I'd like to see that addressed. And possibly collecting the one percent of the previous mortgage C those folks that did foreclose, although they are not responsible for six months, I believe under the statutes they are liable for one percent of the original mortgage balance, which might help you to get toward that number. CHAIRMAN MERRILL: Did we get a better handle on that date? MS. CRUZ: Yes, sir. We are working that day. The county is open for business. MS. RAWSON: I think it is April 10th, and I think it is Good Friday. But I do believe the courts aren't closed, either. So this is, I mean, I think probably the county -- that's not a holiday. MS. CRUZ: No, ma'am, it's not. CHAIRMAN MERRILL: Okay. I guess we have a morning meeting. That's the motion. Any further discussion on the motion? Hearing none, all in favor of the motion, indicate by saying aye. All opposed? (No response.) CHAIRMAN MERRILL: Motion carries. Anything else to come before the board on this matter? Gentlemen, thank you very much for being here. Good luck to you. MR. SZEMPRUCH: Thank you. CHAIRMAN MERRILL: That now concludes the public hearing portion of our agenda. Under the new business portion we have some proposals for Bylaws. MS. RAWSON: Yes, we do. Your chairman explained to you that one of your members had to resign because he is now guarding our security for the county. And so Ms. Sullivan -- Mr. Yovanovich, who is the attorney for the north board, and I had a meeting and drafted sot.ie Page 20 January 9, 1998 amendments to the CEB rules. And at this time, I'd like to read them to you and maybe if I get your approval on them, then I can have them revised, retyped and bring them next month for your signatures. I believe we also decided at our meeting that we would like the County Commission to sign off on these, too. So once you have all signed them and approved them, I think we're going to present them to the County Commission just so they know how we are looking at attendance and voting and new members. So here are our suggested revisions. Under Article V, meetings, Section IV, attendance. D, if a member resigns, the first alternate shall be the first person considered to be seated as a regular member. The second alternate shall be the second person considered to be seated as a regular member. The alternate,shall submit a letter to the county requesting that he /she be named as a regular member. Upon the first alternate becoming a regular member, the second alternate shall become the first alternate, and the Board of County Commissioners shall appoint a second alternate. Now, the point of that revision is that you guys that are here as alternates shouldn't have to stay alternates. You ought to have the first shot at the empty seat, rather than having the County Commissioners appoint someone from outside. So we wanted to sort of protect you so that you kind of move up. That's why we need the approval of the County Commission for the entire, I believe, rules. Under Section VI, voting. C, the first alternate shall cast a vote if a regular member is absent or cannot participate in a particular hearing. The second alternate shall cast a vote if two regular members are absent or cannot participate in a particular hearing. A tie vote shall signify a finding that no violation exists. Now, that basically is something that we sort of overlooked when we wrote these rules and that is a result, and I must commend you, of questions that this board has asked me to clarify. And I clarified it in terms of what I thought it ought to be, but I think we really need to codify this and put this in our rules. So those are our two proposed amendments to the CEB rules. Do you have any problem if I ask the board to go ahead and approve those today? MS. CRUZ: No, ma'am. MS. RAWSON: Well, if you would ask for a motion, Mr. Chair. CHAIRMAN MERRILL: I'll ask for a motion to make those recommendations to the Board of County Commissioners and also those amendments to our bylaws. Anyone make that motion? Mr. LAVINSKI: Yes, I'll make that motion. CHAIRMAN MERRILL: Second? MS. SAUNDERS: I'll second it. CHAIRMAN MERRILL: Ms. Saunders. Any discussion, questions otherwise? MR. LAVINSKI: No, I think just a discussion on that alternate. • Page 21 16G1xv-S January 9, 1998 I think that's good. I know I put a lot of time and effort and is thought into this and I think the alternates should have a first shot at any vacancies, just to keep the enthusiasm and the esprit de corps moving along with the alternates. I mean, they are spending their time like all of us are. CHAIRMAN MERRILL: Perhaps on that note, on another note, is the alternates, at least on this board, have been very active and committed and are informed as to what's going on and we don't have to reinvent the wheel, if we get someone coming on board new, to be able to vote intelligently. So I think -- because of the institutional knowledge, so to speak. Mr. LAVINSKI: Right. CHAIRMAN 14ERRILL: Any other discussion? Hearing no discussion all those in favor,of the motion, indicate by saying aye. All those opposed, say the same. (No response.) CHAIRMAN MERRILL: Motion carries. MS. RAWSON: I appreciate that. What I'll do is, next month's meeting, I'll bring you a revised set of rules and regulations, including those amendments to the rules, and ask that we pass it down and all of you sign it. And thereafter, we will take it and have it presented to the County Commissioners for their approval. So, thank you. CHAIRMAN MERRILL: Thank you. Moving into old business, Board of County Commissioners versus I.K. Steuart, Trustee, request for imposition of fines. MS. CRUZ: Yes, Mr. Chairman. This case number 97 -026 appeared before this board on September 12, 1997. Mr. I.K. Steuart, Trustee, respondent was found in violation of Land Development Code 91 -102, Section 1.5.6 and Section 2.7.6, paragraphs 1 and 5. This board ordered the respondent to comply by submitting applications for permits by September 19, 1997, and by being approved and obtaining and posting the permits by November 12, 1997. Also, this board stated that if the respondent did not correct violations by November 12, 1997, that the board will impose fines or take other action to ensure compliance. Before this board today we have J.C. Caruthers. I believe Mr. Caruthers is the representative for this trustee. CHAIRMAN MERRILL: Do you have a recommendation, staff, as to what we should do? MS. CRUZ: Yes, sir. Being that the respondent has failed to comply with the order of the board, staff recommends that $100 be imposed for every day the violation existed after November 13th. CHAIRMAN MERRILL: How much of a fine? MS. CRUZ: $100. MS. RAWSON: November the what? November 14th? MS. CRUZ: 13th. The compliance date was November 12, 1997. CHAIRMAN MERRILL: Mr. Caruthers, you've heard the recommendation, do you have anything to say about that? MR. CARUTHERS: Yes, I have. We applied for a building permit -- • Page 22 16U� January 9, 1998 S MS. RAWSON: I think he probably needs to be sworn in. (The witness was sworn.) CHAIRMAN MERRILL: You were about to say? MR. CARUTHERS: We applied for a building permit in the month of September. It wasn't by the 19th, because when we went in, there were other things they wanted that we had to get for them. We received a Permit Number 97- 1000785 and we waited for word whether or not we had the permit. When it wasn't received, we contacted the Building Department and the only answer we could get was that it was held up in the Health Department. Well, when we applied for the permit, we were not requested to apply for a septic tank permit. There's a tank there; it's been pumped and it's operable. Whether or not they will want to raise it, I don't know. But we couldn't find out whether the rest of the plans had been passed. We heard a rumor that we were going to be requested or required to pay impact fees to put an addition on the house. We didn't want to go into the Health Department situation until we found out that, because if we have to pay impact fees, we're going to have to vacate, which we have about 50 percent done already, anyway. We're not going to pay impact fees for an addition to the house. We can't find an ordinance that says we should and they haven't given us one that says we should. CHAIRMAN MERRILL: Who do you mean by "they "? MR. CARUTHERS: Pardon? CHAIRMAN MERRILL: When you say "they," who are you talking about? MR. CARUTHERS: The building department. I met with them and Kimberly yesterday. We met with Mr. Perico, and we were informed that we will have to pay impact fees. If that's the case, then we will move the party off and totally vacate the property. It's a house that's been there, as best we can tell, the Johns family lived in it in the '60s. It has power, it has a septic tank and it has a well, and the house is built according to code. It's a well built house. So somewhere along the line, there had to have been a building permit. The county has no record of it; they don't go back that far. But the situation wouldn't exist. There's a thousand gallon septic tank there, and :lorida Power doesn't hook up electric without some kind of permit. So somewhere along the line there has to be one. They tell us we have to prove it. We don't know whether we can or not. But that's the way it stands now. If we have to pay that impact fee, we will be vacating the property, and we would need some time to do that, a short period of time. CHAIRMAN MERRILL: Okay. Thank you. Any questions from the board? Did you have something? MS. POLEN: If you want to know a little bit more about the building permit being issued, prior to a building permit being issued, we have to have approval from the Health Department. In this • Page 23 16 61,4 0 January 9, 1998 particular case, correspondence was mailed to the trust on October 30th of '97. So he received that communication at the beginning of November; is that correct, J.C. Caruthers, from the Health Department? MR. CARUTHERS: Yes. They sent it to the wrong address and it was about that time; yes. MS. POLEN: Originally they sent it out on the 10th of October and it was not received. So again, the Health Department tried again at a different address and communication was received in November, the beginning of November. And they wrote down their reasons for not approving the septic tank review. And so that communication has been received by the respondent. CHAIRMAN MERRILL:Health Department -- MS. POLEN: Correct. CHAIRMAN 14ERRILL: -- that refused to approve the septic tank? MS. POLEN: Correct. And that's why the building permit has not been issued. MR. CARUTHERS: Could I say something else? CHAIRMAN MERRILL: Sure. MR. CARUTHERS: It was when we received this notice that we really began to try to find out whether or not the balance of the building had been approved. Vie needed to know about this impact fee and we couldn't get any information. All they would say is the Health Department has a problem with it. And we have not at this time and had not then, applied, because we weren't told we needed to apply for a Health Department permit. CHAIRMAN MERRILL: You know, do either one of you know what it would take to ge;. the Health Department to approve it, what has to be done? MS. POLEN: Yes. As indicated in the correspondence, it says plot plan drawn t�o scale showing 900 gallon septic tank; 315 square feet put drain field and a 360 square foot unobstructed area and location of all wells within 100 feet of drain field, including adjoining property. Number one, show water line from well to house. Number 2, provide two septic system site evaluations conducted in drain field area and provide an application for septic system on form provided. CHAIRMAN MERRILL: What's the date of that? MS. POLEN: The date that this was mailed out was October 30th of 1997. CHAIRMAN MERRILL: Mr. Caruthers, did you receive that? MR. CARUTHERS: Yes. It was first mailed to Borelli Construction. I don't know who they are. CHAIRMAN MERRILL: I understand that it wasn't correct. MR. CARUTHERS: But we did receive that, yes. CHAIRMAN MERRILL: When did you get that? MR. CARUTHERS: It was, I guess, early November. CHAIRMAN MERRILL: Have you taken any steps to comply with what the Health Department is asking? MR. CARUTHERS: Well, verbally they said we would have to hove Page 24 the tank pumped, which we have had done. • of the tank and we've had an evaluation submitting with the permit application. submitting the test borings. There again, there is considerable and if we're going to be charged impact because it's going to be vacated. 16G1 g4t January 9, 1998 We have determined the size of the system which we will be And also, we will be cost involved in doing this, fees, it would be wasted, CHAIRMAN MERRILL: From what it sounds to me from what you've told me from what you've been told, you are going to be charged impact fees. MR. CARUTHERS: Yes. CHAIRMAN MERRILL: So what's your plan to do, is not do anything? MR. CARUTHERS: No. We would like to -- we'll go ahead and conform to what they want for the septic tank. CHAIRMAN MERRILL: But if you are charged impact fees, what are you going to do with the property? MR. CARUTHERS: We're going to vacate. CHAIRMAN MERRILL: You're going to vacate the property? MR. CARUTHERS: We have someone living there to take care of the place. If we move the party out that's there, there's homeless people everywhere. We can't leave it just for anybody to move into. CHAIRMAN MERRILL: Assuming that they move someone out, does that correct the violation, if there is no one living there? MS. POLEN: No. The structure would have to be removed. CHAIRMAN MERRILL: The structure would have to be removed? • MR. CARUTHERS: Yes, we would clear everything. CHAIRMAN MERRILL: We may be in that position. Thank you very much. Unless there is something else that you need to add. 2•1,S. POLE14: No. If I can answer any more questions regarding the impact fees. Ed Perico, for the record, is the Building Review and Permitting Department Director, and J.C. Caruthers and myself, Ed Perico and Bob Salvaggio, who is also a staff person that works under the Building Review and Permitting Department, met and we discussed the impact fees. And due to the lack of evidence of the structure's legal status, what property records we reviewed and everything, we cannot find any kind of building permit information on these old structures. And that's why we're here today. CHAIRMAN MERRILL: Anything else from you, Mr. Caruthers? MR. CARUTHERS: Yes. The county records only go back so many years, so there is no record. CHAIRMAN MERRILL: Anything from anyone on the board? MS. SAUNDERS: What is the amount or estimated amount of the impact fees that would have to be paid? MS. POLEN: The total impact fees would be $2,636.98, plus a building review fee, would bring the total permit to $3,109.74. MR. CARUTHERS: The addition to the house is going to cost about $2,000. MS. SAUNDERS: Do you receive any rent for the property at this time? • Page 25 16G1 January 9, 1998 MR. CARUTHERS: No. . CHAIRMAN MERRILL: Any other questions from the board? Do I have a motion from the board? MR. LAVINSKI: Would it be appropriate to get a motion at this time to -- evidently, there's been a considerable amount of effort put forward to try to resolve this and possibly to see if that impact fee could be waived, where this really is not a new structure coming on; it's been there, it existed. I thought the intent of the impact fees was to help pay for the new people moving in. This thing already exists. So would it be appropriate, possibly, to give them another 30 or 60 days to try to work out a couple of these issues that are still hanging? Because maybe these can be resolved. It appears he's making -- or the respondept is making an honest effort to try to resolve it. CHAIRMAN MERRILL: The posture the case is in right now is, staff is saying they are asking for imposition of fines because it has not been completed within the deadlines that we had previously set. So I guess that's a long answer to your question that we can do anything we want to, to extend that time. MS. TAYLOR: Well, what's the advantage of keeping this on? If you aren't renting it and you don't intend to live there, what's the .advantage of going on with this? CHAIRMAN MERRILL: Before we take that matter up, I'm going to have a five minute recess. We're in recess for five minutes. (A recess was taken.) MS. SAUNDERS: As temporary chair, I guess I will call the • meeting back to order. Would you re -ask your question? Do you remember what it was? MS. TAYLOR: Uh -huh. I'm just so curious as to why, if you don't collect rent now or you don't intend to in the future, what is the purpose of all this? What is the advantage of going on? MR. CARUTHERS: When the building is brought to code, we will collect rent. It would be income property. Also, we need to establish that the building was there prior to the imposition of impact fees. If we don't do that now, then whenever someone else builds beside the property or if we decide later to build a building, we will have to pay impact fees. So it's something that we have to settle. MR. ADAMS: I'd like to just state that I know Mr. Caruthers was at our November board meeting, although he was not on the agenda. He has been making an effort to fix the problem. I know they started to impose the fines. I would like to see us maybe try and waive those fines, as long as we continue to try and resolve the situation. That's my feeling. MS. SAUNDERS: Mrs. Rawson, does the board have any ability to recommend that the impact fees be waived? MS. RAWSON: No. I wish we were all- powerful. But we only have the ability to determine whether or not a code violation exists and make recommendations and findings of facts, and then impose fines on code violations. U Page 26 I6G11Aj January 9, 1998 MR. ADAMS: The way I understand it, if I wanted to put an • addition on my house, I wouldn't have to pay an impact fee, as long as I could prove that I had the original building permit. MS. POLEN: Correct. Mr. ADAMS: So this whole problem is just because we can't find the original building permit. Have we exhausted all avenues of trying to find that permit? Like you mentioned something about Florida Power & Light wouldn't have connected the electricity without some type of a permit. Is there something on record, perhaps? I would hate to see us -- you know, you have to vacate the property and walk away from it because we can't come up with this original building permit. MR. CARUTHERS: We're willing -- they told us that the Building Department finally, through Kimberly, they looked up in their records and they found that everything has been approved for the addition, except for this Health Department situation. fee. And so the only matter keeping us from proceeding is the impact MS. POLEN: A guide to answering your question a little bit more, we have not researched Florida Power & Light's, a private company's, documents for more information about this. The regulation to hook up electric to any structure occurred in about 1970. So Mr. Caruthers is stating that the building was on the property prior to 1970. So the county would not have any records as ito when we allowed them to hook up or any correspondence between the private utility and the county. I want to make that clear. MR. MORAD: If I can add something to that. In the earlier years, Florida Power and Light would supply electric to anybody anywhere as long as that customer paid the expense of getting the electric there, and that was without a permit. Mr. LAVINSKI: Kimberly, in your opinion, is progress being made here? Is this situation getting close to being resolved? I'm not sure that establishing fines today is going to solve it. Would 60 days solve it, get us the answer, get Mr. Caruthers the answer? If he can't waive the impact fees, then that's the end of the issue in 60 days. MS. POLEN: Well, just to give you a little bit of history, the case started back on March 18th of 1996, and correspondence has been going back and forth. The last order to correct was just issued what date was it -- September 17th; and Mr. Caruthers has been communicating with me. This impact fee information is public knowledge when you come to pull a building permit. So this basically came to me very recently, as of, say, the last few days, Mr. Caruthers has been concerned about impact fees. So you know, it's kind of late to be concerned about that if you apply in September, October. Because typically, building permits are issued in about a week if they are technically sufficient. MR. CARUTHERS: Could I say something? The impact fee problem has been there all along. It's not just recent. That is why we've s Page 27 16Gi January 9, 1998 been trying to get an answer from the Building Department since a week to after we submitted for permit. Because we need to find out if we would be charged those. MS. TAYLOR: What does staff recommend? MR. MORAD: Obviously, Mr. Caruthers can go through the County Commissioners to get a waiver for the impact fees. We recommend that a fine of $100 per day for the violations that he was found guilty of be imposed. MS. SAUNDERS: Dating back to November -- MS. RAWSON: 13th. MS. SAU14DERS : 13th. MR. MORAD: Correct. MR. ADAMS: Mr. Caruthers was here at the November board meeting. However, I don't kpow if it was an oversight, but he was not on the agenda. MS. CRUZ: That's right. There was a schedule conflict there and we could not get Mr. Caruthers on the agenda that day. MR. ADP.MS: So I guess what I'm saying, he attempted probably to do what he's doing today back in November. And I don't feel it's right to fine him from November, just because he didn't have an opportunity to speak. MS. SAUNDERS: I'm concerned that somewhere between 2 and 3 thousand dollars as an impact fee, whether justified or not, is the balancing factor in this matter. I'd kind of propose a compromise if the board agrees, and if Mr. Caruthers would agree, which is that we give you, say, 90 days, to obtain a waiver of the impact fee, or agree to pay the impact fee if you cannot waive it. If you do not get the waiver and do not pay the fee at the end of the 90 days, then I recommend that the fines be instituted starting today. In other words, I'm willing to say you can have 90 days to see if you can get a waiver. But if you can't, with this having gone on for two years, if you're not prepared, if you cannot get the waiver, to pay that impact fee -- which I don't think is a major one -- then we might as well just do the fines right now and not give you any further time. I think you have made a valiant effort. If you do pay the impact fee or if you cannot get it waived, if you pay it and you start charging rent, you're going to recapture the amount of the impact fee in a fairly short period of time. That's a business decision that I believe you must make. So my suggestion to the board was -- and Mrs. Rawson will have to tell me how to state it -- that the fines be imposed as of today, with the board's agreement that they will be waived, if Mr. Caruthers either obtains the building permit and pays the impact fees within 90 days -- I guess that's it. And pays the impact fees within 90 days, if they are necessary. Do I make that in the form of a motion? MS. RAWSON: Yes. • Page 28 16G111% January 9, 1998 • MR. MORAD: Could we add or remove the violations? MS. SAUNDERS: Yes. Within the 90 days? MR. MORAD: Right. MS. SAUNDERS: And if the violations are not removed within the 90 days, the fines begin as of today. MS. TAYLOR: I'll second that motion. MS. SAUNDERS: Is there any further discussion from the board? MR. LAVINSKI: Does that sound reasonable to you, Mr. Caruthers? MR. CARUTHERS: Yes. MS. SAUNDERS: Is that a fair way for you to work out or -- MR. CARUTHERS: That's fine. MS. SAUNDERS: -- make your decision? MR. CARUTHERS: That's fine. That will give us a chance to go before the commission if I need to. MS. SAUNDERS: Any further discussion? All in favor, please say aye. Opposed? (No response.) MS. SAUNDERS: It passed. MR. CARUTHERS: Thank you. MS. RAWSON: And those fines, just for the purpose of the motion, $100 a day; right? MS. SAUNDERS: Correct. * ** The next matter before the board is 97 -017, Mark Geatches versus Board of County Commissioners. Do we • have any staff report? MS. CRUZ: Yes, ma'am. Case number 97 -017, Mark Geatches is the respondent. This case appeared before the board on August 8, 1997. There was an order issued finding the respondent in violation of Ordinance 91 -102, Section 2.7.6. The board ordered the respondent to correct the violation by obtaining a building permit by September 10, 1997, or a fine of $50 per day will be imposed for every day violation remains. There was an imposition of fines filed during the board meeting of October of $1,450. Today we have an affidavit of noncompliance dated December 17, 1997, stating that the violation has not been removed; violation remains. At this time the staff requests that another imposition of fine be filed totaling $3,400, for a total of 68 days at $50 a day. MS. SAUNDERS: Is there anyone here to discuss this matter? There being no witnesses, any discussion from the board? MS. TAYLOR: I make a motion that we do what staff recommends. MS. SAUNDERS: Is there a second? MR. LAVINSKI: Yes, I'll second that. MS. SAUNDERS: Any discussion? All in favor, please say aye. All opposed? (No response.) MS. SAUNDERS: Motion is carried. * ** The next issue before the board is case number 97 -013, Elizabeth Anton and the Board of •County Commissioners. Will staff give us a summary, please? Page 29 January 9, 1998 MS. CRUZ: Yes, ma'am. This case is before this board again for 40 another request for imposition of fines for failure to comply with the original order of the board dated June 13, 1997. There is a problem with this item. The Notice of Hearing sent to the respondent was sent back to our department marked "refused ". I ask the board at this time for guidance whether you should want staff to take other methods of trying to serve the respondent with this Notice of Hearing on imposition of fines. MS. RAWSON: This is Elizabeth Anton, Trustee of the Elizabeth Anton revocable trust that keeps coming before this board? MS. CRUZ: That's correct. MS. RAWSON: I notice that she has a different last name now. MS. CRUZ: Elizabeth Anton LaRossa. MS. RAWSON: Yes. We have already done an imposition of fines on her before, I Chink. MS. CRUZ: That's correct. That imposition of fines was signed on October 21, 1997, for $9,000. MS. RAWSON: She refused the notice and you tried to do it by certified mail? MS. CRUZ: That's correct. MS. RAWSON: Well, I think we probably have to coast or try to get service again. It will just make her fines greater once we ;et service, because if this violation continues to exist, we're just going to continue to add on the fines. How much does she owe now, another -- time. MS. CRUZ: Excuse me one second, please. She owes $3,400 at this i MS. RAWSON: And that would be from -- MS. CRUZ: That's from the last -- I'll give you a specific date. That's from October 10th until December 4th. MS. SAUNDERS: But there was a fine previous to that, as well. MS. CRUZ: That's correct. MS. SAUNDERS: The fine's not cumulative, then? MS. CRUZ: No. The previous fine covered the date from July 11th, 1997 to October 9, 1997. What staff is requesting today would cover October 10, 1997 to December 4, 1997. MS. RAWSON: Well, I suppose due process requires that we give her the opportunity to at least have notice to come in and tell us why the fines should not continue and be imposed. So I think we probably have to try to serve her again. MS. CRUZ: Okay. MS. RAWSON: See if you can't get some service on her; put it on the next month's agenda. I've made notes about how much she owes through December 4th, so we'll just have a bigger imposition. MS. CRUZ: Okay. MS. SAUNDERS: If I may ask a question of the staff. At some point, do we do anything further than simply impose notice? Do we try and take the property, in other words, foreclose on it? MS. CRUZ: I believe that we would have to consult with our County Attorney before we answer that question. • Page 30 16GI -A-e January 9, 1998 MS. SAUNDERS: I wonder if perhaps next month when we come back, you could indicate what the estimated value of the property might be, and at what portion the Code Enforcement Board should recommend that seizure action be taken to pay the fines, rather than just having them mount up. MS. CRUZ: Okay. MS. SAUNDERS: Is there any discussion on this matter? MS. CRUZ: If I can make a correction on that quoted fine. It was calculated at $50 a day. That was my error. It should be $100 a day. MS. RAWSON: $100 a day. So it's not 3400? MS. CRUZ: No, ma'am. It's $6800. MS. RAWSON: I know. It's $100 a day. MS. CRUZ: Yes. MS. SAUNDERS: Any further action required by the board on this matter? Do we need to vote on the imposition of the fines as requested at this time? MS. RAWSON: I think probably we can't do that because she didn't get proper notice. Due process requires that at least she be given notice to come in here and have an opportunity to tell the board why the fines should not be further imposed. It might be a lesson in futility, but nevertheless, the 14th Amendment says she has a right to do that. So I believe we need to try to get service on her and then have her served, and then next month it will be another $100 a day, 30 days more. MS. SAUNDERS: Very good. All right, moving on, is there any other old business? MR. MORAD: May I ask a question on that, though? MS. SAUNDERS: Yes. MR. MORAD: If we try personal service and we make contact and we explain and she refuses the Notice of Hearing, can we just drop it at her feet or how would you like us to proceed from that point? MS. RAWSON: Well, you can get a process server or a sheriff_. They don't really care if you actually reach out and take it out of their hands or not. They drop them at their feet all the time. As long as they can catch her and give it to her. That's the best service, to have a process server or the sheriff go out, and that works better than certified mail. It's too easy to refuse that. r And we don't have posting in the ordinance yet. We are working on that. So my suggestion is -- and I'm sorry about the expense to the county -- but the best way to do it is a process server. MS. SAUNDERS: Is there any other old business to be discussed? Then I'll move us along to reports. Are there any reports? MS. CRUZ: None from staff. MS. RAWSON: I guess I can report that we have amended -- we have proposed an amendment to the Ordinance 92 -80 providing that staff be allowed to post as a method of service of process, so that our county ordinance will now comply with the state law. Page 31 1.6C1qo i January 9, 1998 Now, I don't know how far along the line that is, and whether or , not the County Attorney's had an opportunity to present that to the County Commissioners or not. But I know that Mr. Yovanovich and I have drafted the ordinance. So, as soon as I find out when that passes, I'll let you know. I'm sure staff will be very happy to let you know. MS. SAUNDERS: They deserve it. Thank you. * ** Our next meeting is February 13th at 8:30 a.m. Is there any further business before the Code Enforcement Board? Hearing none, I hereby declare this meeting adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:00 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD RANDY E. MERRILL, Chairman These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Kaye • Gray, RPR n U Page 32 I- G1 January 9, 1998 Now, I don't know how far along the line that is, and whether or Snot the County Attorney's had an opportunity to "present that to the County Commissioners or not. But I know that Mr. Yovanovich and I have drafted the ordinance. So, as soon as I find out when that passes, I'll let you know. I'm sure staff will be very happy to let you know. MS. SAUNDERS: They deserve it. Thank you. * ** Our next meeting is February 13th at 8:30 a.m. Is there any further business before the Code Enforcement Board? Hearing none, I hereby declare this meeting adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:00 a.m. CO COUNTY CODE ENFORCEMENT BOARD DY E. RRILL, �hairman These minutes approved by the Board on A�_ as presented ✓ or as corrected WRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT• REPORTING BY: Kaye Gray, RPR Page 32 RFCEIVED 16 G1.4 4, MAR 7 3 19 4 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (E,�1SAC) ionrr, ,1 r��n" 5 I rmn�5 r,nerS INFORMAL MINUTES Council Members Present: February 25, 1998 2:00 P.M. Health Building 3 "1 Floor 3301 East Tamiami Trail Bob Laird Roger Evans Rhona Saunders Gail Dolan Commander Reed Mike Davis Fav Biles Others. Leo Ochs Chief Flagg Commander Page Barbara Brown Excused. Paul Gunther -Mohr George Leamon UnexcUSed: Chiet'Jim Tobin The regular monthly meeting of the Collier County ENISAC committee was called to order at 2:05 P M. on Wednesdav February 25, 1993 by Bob Laird, Chairman. Fay Biles made a motion to accept the minutes of the January 23, 1998 meeting. Motion 2 "" by Sheldon Reed. Motion passed. OLD BUSINESS: Commander Page reported Chief Flagg was waiting on John Yonkosky to fax a copy of a document that he had received 1rom Medicare. John Yonkosky's estimation of what Medicare would pay this year came up short. Commander Page believed it was actually less than was paid last year. Commander Page stated right now they are still negotiating with Medicare. DOR is trying to find out why there has been a reduction and they will pursue. Roger Evans inquired on the additional charge. His understanding was to create the higher charge so that as a pattern of higher charge over a period of time, doesn't mean your paid that, but charged that, and then that becomes your rate base. When your rate change period comes ab ut, Medicaid looks back at the ratd'+dMr 4'r�tory, and that is what assist in increasin he rate. �l Norr i S Da`e*. Hancock Constantine 1 Itcm't `x Mac'K1e Berry Coons To: 16 G1 Commander Page stated based on the $3102 rate John Yonkosky was expecting to go f1rom S25O to $240. That didn't happen although it is still being negotiated with Medicare . Rhona Saunders inquired if'this would impact from now forward on what is collected from Medicare or what they have paid us already Commander Page replied yes, but main it is still being! negotiated. Commander Rced inquired as to the impact'? Commander Page stated currently we are charging S302 Commander Page thought we were getting a little less than we were thi; last year, 5252 So, nothing has really changed Rhona Saunders, stated the budget was based on the estimated increased Leo Ochs stated the budget for next year has not been formulated as yet. it is not necessary based on what Medicare does. Mike Symkowski, Budget Director, will be going before the Board in early %olarch with his annual Executive Summary that asks the Board to set some basic budget policy guidelines. The section on EMS, will give some historical data of the overall budget and the breakdown and the major funding sources fbr the operation being obviously act valorem and user fees. Thev will decide what kind of position (to they want to take Leo Ochs thought historically it had been half and hall'. Chief Flan,-, staled it ranges bet%xeen 6011 and 4W10 Leo Ochs stated the Board would need to decide as a policy level decision first and foremost, ho%k much ad valorem support they %pant to provide to the operations That will dictate the rates that need to be charged in order to MAX up the difference. Chief' Flagg «anted to clarity; Medicare is changing. This has been said all along. The theory was, that It' YOU have an eighteen month window and you stay above the ;Medicare allowable rate for eighteen months, then Medicare would give an increase to your Medicare rate \.,It- Yonkoskv did that eighteen months ago "rhe fee was increased above what .Medicare allowed to S302. Medicare's allowable rate for the vast majority of transports, riot all of them, was and still is $250 What that means, Medicare pays $200 and the patient is responsible fir the 20% or S50. Eighteen months ago based upon the information provided by Medicare, they said, it'you increase the rate above what we allow for an eighteen month period, then we 'gill increase what we allow. That did riot happen. Now, env Understanding is, Mr. Yonkoskv is pursuing, a review with Medicare as to way they did not increase the rate as a result of increasing the rate above what Medicare allowed eighteen months ago. Now this ultimately will become the Boards decision. Many systems have realized you cannot base your- level of service or quality of service based upon what Medicare and medical insurance's are is going to reimburse. Some of the systems have set a rate at $200, some are not charging at all. More and more systems are saying they can't play the Medicare game anymore, they are setting a reasonable fee, the public pays taxes for emergency services and the balance will be ad valorem. That decision for Collier County lies with the Board of County Commissioners. Once they set the fee, the balance will be ad valorem. The EMS division right now is what is called an 2 16G 1 w enterprise fund This means a portion of it is tax supported, a portion of it is user flees, and they have to balance each other out to be a budget. Other systems have gone to a system where the EMS system is a totally ad valorem fund, and it completely separate fund collects the revenues from fees. Lee County is one of those systems. Leo Ochs stated he felt the Board would be asked, as a policy level, if EMS has been on the average it 50/50 split, do you want to maintain that percentage split for the coming Fiscal Year.) If the Board chooses to, then Chief Flagg develops the operating budget and 50% of that will be ad valorem suppotled. Then we figure what the rate structure needs to be based on the projected call volume to raise enough revenue to fund the remaining half cif the operating budget. Chief Flagg stated the danger of approaching the budget Boni that prospective is it sends your fees potentially through the roof or you lose your level of'service Commander Reed stated if'EMS needs to go to a fill ad valorem mode and what ever gets generated back into revenue is the way to go, it is better to do that sooner than later. Diane Flagg would like to have the Commissioners understand, that EMS will state what their professional recommendations are in terms of service levels and what the projected cost for those service levels will he Based upon the third party payers. Medicare and Medicaid. DOR «ill show what they can expect in terms of a reimbursement. If they want to try to increasL' fee reimbursement through higher bills we can tell front vast experience that is not a good way to go. There may he an opportunity to increase the bills slightly through a capped mileage, that k as one of' tile previous discussion Charging mileage and capping it at seven miles, and that may help some. But going to the $350 or $380 bills, then a new issue is created with the community. Chief Flagg also stated she has given numerous presentations, advising people their EMS millage is 0. 19,950 rounded ofl'to 0.2 mills, which equates to $20 /year on a taxable value of $ 1 00,000. If your homes taxable value is $200,000 that equates to S40 a year No complaints are heard from the community on the tax amount's or the service levels. What she heard hundreds of'complamts ab0U1, before the Board made the revisions to the fee structure. was the amount of'the hill. Commander Reed stated Chief Flagg had recommended two units last year, and only received one, so that leaves the department down one unit. Leo Ochs stated on the copy of the Budget Policy there is a reference to two units being proposed. Chief Flagg stated what dictates pre - hospital emergency services is largely response time. As a result of that, in dictating the units we need, are the response times. We have to put 3 16Glo units in place due to response times. When the medics are not on a call, thev are doing other things such as community EMS programs, hypertensive screening. R glucose screening EMS units are nrnning over 100 calls a day right now. The helicopter is running over 100 missions a month which is one of the busiest ships in the State of Florida. Placement of EMS units, aril putting units in service is dictated by response times. Chief Flagg stated the projected runs for FY 98 - 15,200 billed transports Fay Biles asked how many runs were billed last year total? Mike Davis mention he noticed the emergency lane had been put into place at the Gordon River Bridge. Is it a success? Chief FlaLL answered yes, it will he a greater success when they implement the utilization of changing the signal. The purpose of the emergency lane was to Let the unit to the intersection Step two of the process is to purchase the signal "devices. There is someone that will be manning the radio at the City Corn Center so the medic unit, once the devices is on the signal, the medic unit will call the C'om Center and they will change the light to green to allow the unit to proceed across the bridge. There is no room fir an emergency lane on the bridge, so the purpose of the emergency lane is just to Lct them to the intersection, step two is to control the lights to Let theta across the bridge Mike Davis inquired about a satellite facility. Chief Flagg did riot recommend that. Gar! Dolan stated it would riot help. NEW 13CISINFSS: Commander Pale reported on an incident last week The North Naples Fire Department was allowing citizens to ride their units. EMS had an issue where a young man was video taping accident scenes and going into the patients' homes. That was a patient confidentially issue and the Fire Chief was called. C'href Fla-g-g, stated that is actually not IeLal. She had the duty Commander call, as soon as it happened, contact the fire department and tell them medical scenes are EMS responsibility. Commander Page reported on a call at the Beachwalk tennis courts. A man was feeline weak, the unit was dispatched and they responded from North Collier and they were there within three minutes, and transported the patient to the hospital. When the EMS Lieutenant was getting his times, we had a resident call complaining about the length of time it took for the fire department and EMS to get there. When Jeff' Page researched the times there was a ten minute delay from the time the Sheriff's Office received the call and ten minutes before it was dispatched it to EMS. It was researched and apparently the dispatch center dropped the call. Rhona Saunders inquired how ELLS picked the patient Lip if the call was dropped. Jeff' Page said the party called a second time. 4 1 b G1 Sheldon Reed stared the Sherift'cicsperately needs a new cad system %%ith some hack ups. The City's system, which they will he replacing in the next crtuple of months, their old system has built in timers, it' you have it call that's waitim, for more than a couple of minutes, the machine starts beeping. Rob Laird reported on the Letter to the Editor he had sent in answer to Karen Mathewson letter. After reading the letter he felt it was necessary to respond. Ile reported he had discussed his letter with Leo Ochs, and Chairman Berry, Chairman Berry wanted hint to Poll the council menihers to make sure they were in agreement to his response. Chief' Flagg, reported the City Manager on Marco had sent a letter asking I'M a proposal to provide both EMS and fire service to the City of'Nlarco She has referred the letter to the County Administrator ('file[' Flagg, also reported on March 10, she will he doing sr presentation to the Public Safety Cortimittce oil EMS. The AED Ordinance will be out of the County Attorneys Oliice by the end of February. This will successfully create the program where anyone in the community who wants an Automatic External Defibrillator will he able to call the organization, set up a class, and then he ahlc to purchase an AED In addition ENIS also has it commitment from ntanufitcturers for ninety (90) AED's, which generally run hety cen S2500 and $5000 a piece. The stUd. ' has been completed on where the AEU's should he placed, based upon stalislics F%IS will he giving Ai:U's to target areas to implement and also provide the training fir them After the Ordinance is approved, it will he advertised, then it has to go to the Board fir approval. This program will serve as a model for the rest of the nation An AED is a medical device that requires a physicians prescription. Physicians are unwilling to write a script because of the liability. It will he it complete program so John Q Public who wants an AED can stet the training, and purchase an AF.D They will also receive annual lollow up. The manu[ircturers were so interested in this program that they are willing to commit that number of AF.D's, they will be using Collier County as an example to sell the AED's throughout the nation. Roger Evans inquired as to where the liability lies with the program" Chief Flagg stated the AED's 100% of' the tittle, which is really unusual in medicine, will not, has not, inappropriately shock someone. EMS has been working with the rlianufacturer's the last tew years to get them to design an AED for use by John Q. Public. The AED's is a complete self contained K self'charging unit. All it has is a red light and a green light. If'there is something \%rang with it the red light shows If they see a red light they call EN1S. It has it five year battery It was designed specifically fir the lay public. We are real confident with the product that is there, and the law changed to include the AED's as a part of the Good Samaritan Law The last link in this pro`_ram, is putting the Ordinance together to tie the training to the AED purchase, so anyone can go out and buy it. 5 16GZ 44 Bob Laird reported on the; Commission Meeting, February 17. 1995 The P'aramedic's were honored with the Phoenix Awards He complimented Chief Flagg, fir the good work she does, as well as the medics Fay Biles did not understand Chairman Berry's comment that they have to separate fire and EMS. Chief Flaw; stated it doesn't necessarily matter how the system's are governed. Chief Flag`, does not remember hearing the City Council, or the Board of County Commissioners, or Marco City Council ever saying to the fire departments, you will not respond to medical calls, or saying to EMS, you will not respond to fire call;. Because the reality is that both systems respond to the same calls to provide the service. The issue of how they are governed is a discussion for the elected officials. But the reality is in daily operations you only benefit by partnering with things like the single vehicle response program, common fire training programs, common medical training program because you are all working the same emergency scenes In the field if it is a medical scene, the fire department gets there on the ELMS medic unit via the single vehicle response program, or they get there on a fire engine and the outcome: for the community is better if that firefighter has some hasic medical understanding. The same is true of' EMS Paramedics at a house fire. It is better for the community if each department works together. What is best is fir everyone to have some basic knowledge of each other's profession, and to be able to interface, and support each other. The reality is the Paramedics are at a fire scene, and are better serving the public providing fire ground support than just sitting in their truck Chief Flagg reported the special risk legislation is progressing The Senator that opposed it and was a result of the reason why the legislation failed last time has actually signed on as a co- sponsor of the bill this year. Chief Flagg also reported on the House 13111 in reference to the Certificate of heed process. Currently the State of Florida, has said to the Board's of County Commissioners, that it is their responsibility to assure that you have a unified approach to emergency medical services in your conurrtrnity. Then they make the decision as to how the unified approach occurs. The purpose of the (CON) legislation was to eliminate duplication of services and an uncoordinated response to medical emergencies. Years ago, before Ceti' legislation, you had multiple agencies responding to a single incident, one grabbing an arm, one grabbing a leg, and who ever pulled the hardest got the patient. That was the purpose ofthe legislation. Mike Davis made a motion to adjourn, second by Rhona Saunders. Motion passed unanimously. ectfully submitted, Barbara, Brown 6 16G1 At RECE VED COLLIER COUNTY MAR z 3 Is9s ENVIRONMENTAL ADVISORY BOARD AGE �� ,(,Jr11.• ,if;mir. April 1 . 1998'..9:00 a.m. COMMISSION BOARDROOM THIRD FLOOR — ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES - March 4, 1998 III. ADDENDA IV. CONSENT /ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. V. REGULAR AGENDA A. Planned Unit Development Petition No. PUD -97 -20 Golden Pond PUD Section 34, Township 48 South, Range 26 East Collier County, Florida B. Conditional Use Petition No. CU -98 -4 Crossroads Community Church Section 31, Township 48 South, Range 26 East Collier County, Florida VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP Hancock Constantine~ Mac'Kie Berry 16 G 1 -.: s Environmental Advisory Board Agenda ............ ..........................April 1 , 1998 Page 2 NOTES: A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on March 28, 1998, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [General Public]: Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 16 G I I t. MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: March 4, 1998 TIME: 9:00 a.m. PLACE: 3rd Floor Boardroom, Administration Building, Collier County Govemment Center, Naples, Florida EAB STAFF PRESENT Dejong X Ashton Espinar X Burgcson X Foley X Chrzanowski X Hermanson X Lenberger X Hill X Kuck X Hinchcliff X Mulhere X Saadeh X Seal X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 9:55 a.m. PRESIDING: Paul Hinchcliff, Chairman ADDENDA TO THE AGENDA: Announcement on recent staff changes within Community Development and Environmental Services Division presented by Robert Mulhere, Planning Services Department Director. APPROVAL OF MINUTES: Motion made by Mr. Hermanson, seconded by Mr. Hill and carried 7/0, to approve minutes of February 4, 1998. ITEM: Regular Agenda - Item V.A. PETITION NO: Conditional Use Petition No. CU -97 -25 "Stim's Social Club" Environmental Advisory Board Minutes ......... ............................... March 4, 1998 Page 2 REOUESTING: A social club for nude recreation. REPRESENTED BY: Gary L. Beardsley Tropical Environmental Consultants, Inc. MOTION: Made by Mr. Espinar, seconded by Mr. Saadeh and carried 7/0, to approve Conditional Use Petition No. CU -97 -25 with Staffs stipulations: Water Management: The project will obtain a SFWMD surface water permit. Environmental: 1. 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. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 2. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4.CCLDC. 3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan /construction plan approval. 4. Petitioner shall submit a topographic map for the site at the time of site development plan review. ITEM: Regular Agenda - Item V.B. PETITION NO: Preliminary Subdivision Plat Petition No. PSP -97 -6 "North Collier Industrial Center" REOUESTING: A proposed industrial subdivision. REPRESENTED BY: Marco Espinar, Collier Environmental Consultants 16G1 -411 Environmental Advisory Board Minutes .............. .......................... March 4, 1998 Page 3 MOTION: Made by Mr. Foley, seconded by Ms. Dcjong and carried 6/0, to approve Preliminary Subdivision Plat Petition No. PSP -97 -6 with Staffs stipulations: Mr. Espinar abstained from the vote. Water Management: 1. That the petitioner or his engineer submit a set of plans and calculations to the SFWMD for their assessment of his need to obtain a SFWMD surface water management permit. 2 . That the petitioner's engineer submit a more detailed drainage plan during the subdivision review process. Environmental: 1. A new Gopher tortoise survey (recent within six months) and relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Construction Plans. 2 . Prior to the pre - construction meeting for the Final Plat/Construction Plans, the petitioner shall submit a copy of the Florida Game and Fresh Water Fish Commission Gopher tortoise Permit. 3 . Prior to final Plat/Construction Plans approval the petitioner shall submit copies of all necessary environmental permits (ERP, USACOE). 4 . Prior to final plat approval a conservation Easement shall be placed over the preserves and recorded on the plat with protective covenants per or similar to Section 704.06 or the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association of like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. S. The final plat shall appropriately re -label "Tract C" as "upland or wetland preserve ". ITEM: Regular Agenda - Item V.C. PETITION NO: Planned Unit Development Petition No. PUD -98 -1 "Whippoorwill Woods PUD" REOUESTING: A proposed residential subdivision. REPRESENTED BY: Marco Espinar, Collier Environment Consultants Environinvntal Advisory Board.liout►% ............... ..........................larch 4, 19118 l' Rage a MOTION: Made by Mr. Hermanson, seconded by Mr. Foley and carried 6/0. to approvc Planned Unit Development Petition No. PUD -98 -1 with added stipulations: Mr. Espinar abstained from the vote. Water NlanaQement: 1. A SFWMD surface water management permit must be obtained prior to approval of development plans. 2. Developer shall restore existing drainage ditch along south property line to the condition it was in when it was originally excavated, and provide for an access travelway within a dedicated easement for future maintenance purposes. 3. The developer will be responsible for maintenance of the south ditch for a minimum of one year, subject to final acceptance by Collier County. Prior to acceptance by Collier County, developer will enter into an agreement with the water management director to ensure continued maintenance by the County. Environmental: No additional stipulations. ITEM: Regular Agenda -Item V.D. PETITION NO: Planned Unit Development Petition No. PUD -97 -20 "Golden Pond PUD" REQUESTING: A proposed PUD that would permit 1 to 2 story coach homes, attached villas/patio homes, townhouses, condominium and single family homes. REPRESENTED BY: Nora Patmore, Property Owner Beau Keene, Keene Engineering MOTION: Made by Mr. Hermanson, seconded by Mr. Foley and carried 6/0, to continue Item V.D. until water management issues are worked out with Staff. Mr. Espinar abstained from the vote. Environmental Advisory Board Minutes ......... ............................... March 4, 199 ;bG1 AI Page 5 COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5'h Floor, Building "F ", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Paul Hinchcliff, Chairman Min/h:1EAB Forms 16G1 116 ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD ' ECEI V ED AGENDA MAR :3 1995 DATE: March 9, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES -February 9, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation - Stormwater Management b. Annual Report VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management -Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS a. Land Planning in the Rural Area b. Growth Management Planning c. Landfill Siting VIII. PUBLIC COMMENT IX. ADJOURNMENT �soaro .�. Caunt� (.OITIRilSSfpflEr� Norr i s Hancock - Constantine Mac'Kie Berry 1.6G1400, ENVIROMENTAL POLICY TECHNICAL ADVISORY BA V6 � I V iE Q AGENDA 'BAR 3 1 1998 DATE: April 13, 1998 io iro of PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4 :00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - March 9, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation - Planning Services b. Annual Report c. Land Planning in the Rural Areas VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management - Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS VIII. PUBLIC COMMENT ADJOURNMENT IX. Misc. Cor es: Norris Date: Z Hancock // /� Constantine Item# 6.6, Mac'Kie Berry Copies To: Goren Gate Beautification Advisory Minutes of February 12, 1998 IA(31141 committee RECE ►V ED MAR 3 1998 SUMMARY OF RECOMMENDATIONS AND MOTIONS: boarn of County Commissioners 3. Corrections to the minutes of the January 12, 1998 meeting: Delete 4B as Cheryle Newman already removed the decorations. Sabina Musci made a motion to accept the minutes as amended; seconded by Chuck McMahon and carried unanimously. 6. TRANSPORTATION ADMINISTRATION SERVICES REPORT C. OCPM will be handling the bids for all new construction. There was a brief discussion. Sabina Musci made a motion authorizing Val Prince to obtain a written cost proposal of OCPM's management fees for C.R. 951, Part A; seconded by Chuck McMahon and carried unanimously. It is anticipated that a representative from OCPM will attend monthly meetings and provide budget updates. The committee, as appointed by the BCC, felt it is their responsibility for overseeing the tax dollars being spent and want to review the costs prior to drawing their fees. Cheryle will compose a letter to Adolpho Gonzalez through Dave Bobanick with copies to the County Manager and Board of County Commissioners. D. Val distributed copies of the Executive Summary regarding the funding partnership with the MSTU for C.R. 951; this was approved at the February 3r° BCC meeting. After a lengthy discussion, and since Mr. McGee is familiar with the project, Chuck McMahon made a motion authorizing Mike McGee to provide his services during construction of Part A and final design services of Part B; seconded by Sabina Musci and carried unanimously. Norris L� Hancock Constantine ftc'Kie Berry �E LE 16G1 �< Golden Gate Beaut fieation Advisory Committee Adeiuia - Mnrcli 10, 1993 1. Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of February 10, 1998 4. Landscape Maintenance Report - Chuck Buckley 5. Landscape Architect's Report - Mike McGee 6. Transportation Administration Services Report - Val Prince 7. Committee Members' Reports 8. Old Business 9. New Business 10. Public Comments 11. Adjournment Next Nleeting: April 14, 1998, 4:00 p.m. Q Golden Gate Community Center 16G1K014 (Sullen (Sate 9eautifiratiun Abuis arg Cgnmmittre Minutes of February 12, 1998 1. Meeting called to order at 4:12 p.m. at the Golden Gate Community Center. 2. Roll Call: Present: Cheryle Newman, Charles McMahon. Sabina Musci, members. Val Prince, Transportation Administrative Services; Mike McGee. McGee & Associates: Chuck Buckley, Commercial Land Maintenance: Jacqueline Silano. secretary. Absent: Bonner Bacon, Mark Houghton, members. 3. Corrections to the minutes of the January 12. 1998 meeting: Delete 4B as Cheryle Newman already removed the decorations. Sabina Musci made a motion to accept the minutes as amended: seconded by Chuck McMahon and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley reported some turf damage on median #12 and irrigation problems at the west end both of which were repaired: vehicle damage on median #22: dead cabbage palm on median #10 was removed yesterday. the second cut on the interior medians was done: trash will be picked up within the next week or so. B. Fertilization of the turf and plant material will be performed this month. C. Dead plant material was removed yesterday and will need to be replaced. 5. LANDSCAPE ARCHITECTS REPORT A. Mike McGee advised there were no major problems and that Chuck 0,111 provide a count for the replacement plants. B Mike is currently rewriting the specifications for the maintenance contract , , Bch will be divided into two areas - the Parkway and C.R. 951, and the interior medians New language in the specs will suggest smaller motivers be used performing alternative cuts so that ruts are not created. This would reauire additional man - hours. Chuck Buckley requested a mandatory pre -bid conference so that the exact details of the specs are reviewed resulting in a more accurate bid. Val indicated that a representative from Purchasino will attend a future meeting and this item should be discussed at that time v C. Mike requested a reference letter for his upcoming RFP. Cheryle wil provide one for him 16 16r1��. 5. TRANSPORTATION ADMINISTRATION SERVICES REPORT A, Val Prince distributed copies of a letter dated December 2011" from E.B. Simmonds regarding relocating the lights at the Golden Gate sign at the intersection of Golden Gate Parkway and C.R. 951. Apparently E.B. Simmonds raised the lights on poles and they are now obstructing the sign. Val will have the firm contact Bonner Bacon prior to making the adjustments. B. Val distributed copies of the Budget Status dated February 1998. A new format is being used which is more detailed and was favorably received by the committee members. There was a lengthy review, C. OCPM will be handling the bids for all new construction. There was a brief discussion. Sabina Musci made a motion authorizing Val Prince to obtain a written cost proposal of OCPM's management fees for C.R. 951. Part A. seconded by Chuck McMahon and carried unanimously, It is anticipated that a representative from OCPM will attend monthly meetings and provide budget updates. The committee. as appointed by the BCC. felt it is their responsibility for overseeing the tax dollars being spent and want to review the costs prior to drawing their fees. Cheryle will compose a letter to Adolpho Gonzalez through Dave Bobanick with copies to the County Manager and Board of County Commissioners. D. Val distributed copies of the Executive Summary regarding the funding partnership with the MSTU for C.R. 951: this was approved at the February 3`° BCC meeting. After a lengthy discussion, and since Mr. McGee is familiar with the project. Chuck McMahon made a motion authorizing Mike McGee to provide his services during construction of Part A and final design services of Part B. seconded by Sabina Musci and carried unanimously. 7. NEW BUSINESS A There was a discussion regarding upcoming improvements to Santa Barbara Boulevard and its expansion to six lanes: the director of the department involved with the project will be asked to budget funds for fiscal year 1998 -99 to do the turn lane work and to look at curbing needs As there was no further business to discuss, the meeting was adjourned at 6:15. The next scheduled meeting will be held on March 10. 1998 at 4:00 p.m at the Golden Gate Community Center. Golden Gate BeautPtion Advisory Committee Minutes of March 10, 1998 RECEIVED 4AR ? It 1998 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 3. Minutes of the February 10" ", 1998 meeting: The date of the meeting was incorrect; correct the date of meeting to February 10". Mark Houghton made a motion to accept the minutes as amended; seconded by Chuck McMahon and carried unanimously. 6. TRANSPORTATION ADMINISTRATION SERVICES REPORT C. As next year's budget will need to be prepared shortly, there was a brief discussion regarding the proposed new construction and landscape maintenance contract.. Toward this end, Mark Houghton moved to maintain the current maximum millage rate; seconded by Bonner Bacon and carried unanimously. D. Copies of Joseph Delate's memorandum estimating OCPM's charges for Phase I -A were distributed and discussed. Mark Houghton made a motion accepting the estimated costs as submitted: seconded by Chuck McMahon and carried unanimously. E. Mr. Prince distributed copies of McGee & Associates proposals for Construction Bid and Contract Administration Services for C.R. 951 part A, Phase I and for Landscape and Irrigation Final Design Services for C.R. 951 Part B. A discussion ensued. Bonner Bacon made a motion accepting the proposals as submitted; seconded by Mark Houghton and carried unanimously. Norris �� C Hancock _ Constantine�r� Mac 'KIe ferry ... ey in z 16 G 144. Golden Gate Beautification Advisory Committee Agenda - April 14, 1998 1. Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of March 10, 1998 4. Landscape Maintenance Report - Chuck Buckley 5. Landscape Architect's Report - Mike McGee 6. Transportation Administration Services Report - Val Prince /Russ itituller 7. Committee Members' Reports 8. Old Business 9. New Business 10. Public Comments 11. Adjournment Next Meeting: May 12, 1998, 4:00 p.m. @ Golden Gate Community Center I ",'r 1 I# Golden Gate Beauty"I'catfon Advisory Committee Minutes of March 10, 1998 1. Meeting called to order at 4:07 p.m. at the Golden Gate Community Center, 2, RAIL CaU- PreserW, Cheryle Nennia ►, Mwk Houghton, Chwx n MdAahon (4.20), Bonner Bacon (4:30); Sabina Musci (5:45), members. Val Prince, Transportation Administrative Services; Mike McGee, McGee & Associates; Chuck Buckley, Commercial Land Maintenance; Jacqueline Silano, secretary. Guests: Collier County employees Rhonda Snell, Purchasing; Sheilia Convery and Russ Muller, Transportation Administrative Services. 3. Minutes of the February 10", 1998 meeting: The date of the meeting was incorrect; correct the date of meeting to February 10''. Mark Houghton made a motion to accept the minutes as amended; seconded by Chuck McMahon and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley reported that 2700 pounds of fertilizer and a pre- emergent for weed control was applied. B. Chuck has taken a plant replacement inventory and approximately 70 plants will be needed. Estimated cost will be approximately S30C for plants and $300 for installation. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee stated that the medians were in very good condition. He asked Mr. Buckley to replace the oak tree on the west end of median #17 since it appears it will not survive which is under his warranty. He also asked him to tighten the guy wires on a tree in median #13. 6. TRANSPORTATION ADMINISTRATION SERVICES REPORT A. Val Prince distributed draft copies of the Roadway Grounds Maintenance Specifications for Golden Gate Parkway, work area #2 (including internal roadways), and C.R. 951 South, Part A, marked Appendix G. There was a lengthy discussion on whether or not a mandatory pre -bid should be held. Ms. Snell explained the advantages of having a pre -bid conference such as being able to answer the contractors questions at that time and detail the specification. The disadvantage is that if only one or two contractors show up, the contract would have to be re -bid. An alternative Ali could be to require a site visit prior to bidding. Val asked the members to review the specifications for final draft at next month's meeting. B. Val distributed copies of the Budget Status dated March , 1998 which was reviewed and briefly discussed. Mr. Prince advised that Sheilia was the fiscal clerk who prepares the report and takes care of the billing process. He also introduced Russ Muller who has replaced Steve Fabiano and will attend future meetings. C. As next year's budget will need to be prepared shortly, there was a brief discussion regarding the proposed new construction and landscape maintenance contract.. Toward this end, Mark Houghton moved to maintain the current maximum millage rate; seconded by Bonner Bacon and carried unanimously. D. Copies of Joseph Delate's memorandum estimating OCPM's charges for Phase I -A were distributed and discussed. Mark Houghton made a motion accepting the estimated costs as submitted; seconded by Chuck McMahon and carried unanimously. E. Mr. Prince distributed copies of McGee & Associates proposals for Construction Bid and Contract Administration Services for C.R. 951 part A, Phase I and for Landscape and Irrigation Final Design Services for C.R. 951 Part B. A discussion ensued. Bonner Bacon made a motion accepting the proposals as submitted; seconded by Mark Houghton and carried unanimously. 7. OLD BUSINESS A. Bonner reported that he met with E.B. Simmonds and the lights at the Golden Gate sign have been moved back to his satisfaction. (Chuck McMahon left at 5:35) 8. NEW BUSINESS A. Mike McGee distributed new copies of the Master Plan. Additional copies will be held at Val's office. He noted that reimbursement cost will be S120. B. Cheryle advised that Tuff Publications will print notification of these meetings for free when space is available. Also, a sign will be posted at the Community Center. 2 16G1 {� C. Bonner noted that a highway patrol car was parked in one of the medians. Cheryle will contact the Sheriffs department. D. Cheryle will follow up with Mr. Bobanick regarding the transfer of funds. 9. OTHER BUSINESS A. Copies of the following correspondence was also distributed: i. Letter dated February 11 from Ms. Newman to Mr. Gonzalez regarding OCPM's management services and requesting a written proposal of it. ii. Letter dated February 16 from Ms. Newman to Mr. Bobanick thanking him and his staff for their assistance regarding the funding partnership. Letter of recommendation of McGee & Associates dated February 10 from Ms. Newman. As there was no further business to discuss, the meeting was adjourned at 5:55 p.m. The next scheduled meeting will be held on April 14, 1998 at 4:00 p.m. at the Golden Gate Community Center. J 16x1 Y44 MEMORANDUM TO: Sue Filson, Administrative Assistant R EC E: I V ED Board of Coun ommissioners MAR 2 3 i .998 FROM: Ramiro ch, Chief Assistant Count Attorney Y DATE: March 20, 1998 O /I1fIilS$10ner5 RE: Hispanic Affairs Advisory Board For the Board of County Commissioners information please find the attached approved minutes of the February 11, 1998 Hispanic Affairs Advisory Board meeting Norris Hancock constanti Mac'Kie Herrr Cod, ,�. 16G10% HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING February 11, 1998 IMNIOKALEE COMMUNITY PARK INIMOKALEE, FLORIDA PRESENT: Frank Rodriguez, HAAB Chairman Pete Cade Jorge Chemas Frank Loney, HAAS Member David Correa, HAAS Member Eva Delashmet, HAAB Member Dr. Kate Warner Ramiro Manalich, HAAB Liaison and Chief Assistant County Attorney The meeting of the Hispanic Affairs Advisory Board commenced at approximately 7:10 p.m. Chairman Frank Rodriguez announced that there would be five minutes allotted per speaker and mentioned the agenda for the evening. The minutes for the October 30, 1997 HAAB meeting were moved for approval by David Correa, seconded by Pete Cade and there was unanimous approval. PUBLIC DISCUSSION REGARDING INIMOKALEE FARM WORKERS Chairman Frank Rodriguez introduced this Agenda Item and asked all of the members of the HAAB and the liaison to introduce themselves to the public. Frank explained the functions of the HAAB under the applicable ordinances. Frank stated that persons could speak in English or Spanish but that if they choose to speak in Spanish that there would have to be a translator provided so that all who speak English would understand. Frank explained to those in attendance that this issue had been prominent in the news but that the HAAB had not a meeting since October 30`h so it had not an opportunity to address this issue prior to this time. Frank stated that it was pleasure to come to Immmokalee to facilitate this discussion with the farm workers who primarily reside in Immokalee. 16►`I3 o¢ Lucas Benitez read a prepared statement to the HAAB on behalf of the farm .corkers. Greg Asbed translated for Mr. Benitez. A written version of Mr. Benitez' statement is attached as Exhibit A to these minutes. In Summary, Mr. Benitez thanked the HAAB for the opportunity to address the problem of falling wages for farm workers. He explained that as a matter of fairness the rates paid to farm workers per bucket of produce picked needed to be raised. He mentioned statistics from State and Federal sources that indicated the wages paid the farm workers are only a very small percentage of total production costs. He mentioned that one grower, the Gargiulo Company, had agreed to an increase to the wages paid to growers. Mr. Benitez stated the raise was necessary so that the industry would not lose its most productive workers. He also stated that falling wages caused community problems. Mr. Benitez invited the growers to show good faith and encouraged them to enter into dialog regarding the wages that arc being paid to the farm workers. Manuel Rodrigucr, who is a member of the Coalition of Immokalee Workers and a small business owner stated that he supported the farm workers and the need to raise their wages for the good of the community. Felix Deuvall explained in Creole, with translation, what some of the wage history in the area had been. He said that the wage increase was necessary because of the rise in prices and costs. Samuel Mar stated that he had been part of the hunger strike and became ill so he had to stop. He said that he could not understand why the growers didn't have the conscience to raise the wages to a reasonable level. He said that the growers actually paid higher wages in the past. At a minimum, he stated that the growers should be willing to sit down for dialog even though they had previously ignored the same request from former President Carter, Governor Chiles, the Bishop and the Cardinal. Conrado Sanchez is a member of the Coalition of Immokalee Workers who also spoke. He says that the wages that are being paid now result in working in very hot difficult conditions with no appreciable benefit for all the hard work. He said that the workers should be considered to be the basis of the local economy. Fred Heald spoke to explain the situation faced by the growers. He stated that he had grown up in Naples and that he owned a business in Immokalee. He says he has spoken to the farmers about this situation and that he believes he understands their point of view and what they might say were they in attendance at the meeting. He gave examples of farmers in businesses that have either had to downsize or have gone bankrupt. He said that everyone alleges the fanners can afford to pay higher wages. However, he says that because of imports from Mexico, the fanners can't sell their products for a price that allows payment of higher wages. Mr. Heald stated that the farmers realize that picking is hard work. However, he says that tlhe farmers would go out of business if they attempted to meet the 50% increase in pay which is being demanded by the farm workers. Mr. Heald stated that the farmers are not engaged in dialog because they know what the farm workers' demands are and that they can't meet those demands. He stated that the example of the Gargiulo Company is not truly representative of all 2 166,1 rui the other growers because Gargiulo is owned by a very wealthy parent company. Nlr. Heald acknowledges that there are still some large farms but simply because they arc not bankrupt doesn't mean that the industry is healthy. He stated that the tomato industry is on the verge of collapse in Florida compared to Mexico. Mr. Heald disputed that farm workers are being paid less than minimum wage. He stated that if that were the case, Florida Rural Legal Services can sue on behalf of those who are being underpaid. Mr. Heald stated that a second major reason why the farmers are unwilling to talk with the faun workers is that the farm workers are trying to dictate how to run the businesses and to manaLc the farmers' economic problem. Mr. Heald disagreed that there is accurate data showing that the farmers are making profits in the present economic environment Mr. Heald stated the opinion that misinformation is getting into the press. He said there arc unique problems in Immokalee. He asked why packing houses are closing in Immokalce if the farmers are making so much profit. He said that if that question can be answered then the growers would be willing to come to the table to speak. Lucas Benitez said that this type of dialog is what the growers should do in order to share viewpoints in a civilized manner. He said that the growers and the farm workers should sit as members of the same community to discuss these matters and that the offices of the coalition arc open to help answer some of the questions raised at this meeting. At this point in the proceedings, HAAB Chairman, Frank Rodriguez, indicated that an opportunity would be provided to the members of the Hispanic Board to ask questions. David Correa inquired as to what a 100 per bucket increase in the wages paid to farm workers would mean to the consumer. Mr. Heald stated that it was his opinion that such an increase would not mean anything to the consumer. Instead, the increase would simply mean more overhead for the growers to pay. He said the farmers are trying to pass a "country of origin" disclosure for consumers. He said that if consumers then chose Florida produce, the farmers might be able to pay more in wages. At this point, at ]cast one public member voiced the opinion that the growers don't want the workers to have a say in the fixing of the wages. Eva Delashmet said that the issues have become confused because of the growers not commenting about the situation. She explained that she had picked and farmed in the past. She expressed understanding and sympathy for the problems on both sides of the table. She verified that Mexico produces for much less cost. She believes the farmers are wrong in not being willing to confer with the farm workers because that showed a lack of respect. Mr. Heald stated that he agreed that the farmers lack of statements on the problem are only making matters worse. Mr. Heald did not believe the farmers would be willing to open their books because, even if they did, they do not think they would be believed. Board member Jorge Chemas urged for each side to look at both aspects of the issues. He suggested looking to see what other regions of the United States have done with similar problems. He stated that neither side should have the attitude of trying to make the other side a loser. He explained that in California 17 years of disagreement between farm workers and growers had finally been resolved through the mutual interests that were pursued by both. 3 16GI Chairman Frank Rodriguez thanked Mr. Heald for the information he provided. He stated that the HAAB had become aware of these issues mainly through this meeting and the media. Frank Rodriguez thanked the farm workers for their explanation of the issues. He stated that the Hispanic Board had listened intently and would reconsider this matter in two weeks to decide what to do with the information obtained. He stated that there seemed to be legitimate arguments on both sides that needed to be reconciled. He hoped that the Hispanic Board could reach a conclusion on this issue at the next meeting in two weeks. The meeting was adjourned at approximately 8:50 P.M. Respectfully submitted by: Ramiro Manalic , IIAAB Liaison and Chief Assistant County Attorney APPROVED BY THE HISPANIC AFFAIRS ADVISORY BOARD ON 3^ 1 ?, — , 1998. i Frank Ro Chairman of the Board cathy;rmhaabminutes 2.11 -93 4 1661 1% Presentation to Hispanic Affairs Advisory Board: Feb 11 1998 We are very pleased to be here this evening to once more address the issue of falling wages for piece rate tomato pickers here in Immokalee. We strongly believe that it is time for a raise in the piece rate paid per bucket in the tomato fields, both for the nearly 2,000 pickers that signed cards supporting the call for a raise and for the community of Immokalee as a whole, which depends for its economic health on wages earned in the fields. After having studied the problem of falling piece rates from several angles, we are convinced that a raise is fair, possible, and even necessary for the long -term health of the tomato industry in the competitive times ahead. A raise is fair for several obvious reasons: 1) The going piece rate has at best been stagnant for the past two decades at 40 cents per bucket, according to yearly Department of Labor statistics on the wages paid in Immokalee's fields. In fact, piece rates have actually fallen over that same period, as workers say piece rates up to 60 cents were regularly paid in the late 1970's, and the advent of the system known as "Day and a Dime ", Aich combines an hourly rate with a 10 cent incentive per bucket, brings piece rates down the more you pick, often to levels well below the historical 40 cent level. For example, in 1980, a worker picking 200 buckets earned $80 for his day's work. Today, in 1998, to earn $80 at "Day and a Dime ", that same worker would have to pick nearly 400 buckets, or twice what he picked eighteen years ago. 2) Over the past twenty years, the cost of living has steadily climbed. According to the Consumer Price Index, if you bought groceries for $40 in 1980, you have to pay $78 for those same groceries today. 3) To keep pace with inflation, the 40 cent bucket rate from 1980 would have to be 73.5 cents today. And today, vie have to pick nearly twice as many buckets per hour as twenty years ago jumt to make the minimum wvage. A raise is possible because: 1) According to University of Florida statistics, wages paid to pickers make up a relatively insignificant percentage of the overall cost of production of a box of tomatoes. In fact, the raise Gargiulo gave in December, a 10 -cent raise implemented over t•,vo 5 -cent steps, raises total production costs by only 1 0.10 per step, 2) The latest statistics from the U.S. Department of Commerce, from 1991 -1995, show that Collier County agricultural employers enjoyed an average rate of profit around 41 °o over the five year period, well above the rates earned by their counterparts in the 16�i��° rest of Florida, California, and the US Even if the 25 0/10 raise granted by Gargiulo had been instituted throughout the industry in 1991, employers would have earned profits at rates still significantly above those earned by their counterparts. A raise is necessary because: As Gargiulo itself said in our dialogue during the months of November and December, as a business they are increasingly losing their most experienced, most productive workers to other industries where the pay is better or the work more stable. As a result, their company was suffering from lower overall productivity, high turnover, and high training costs. That is why they decided to grant a raise: to hold on to their most productive workers, reduce turnover and training costs, and ultimately increase their bottom line. Other companies that take this approach, spending slightly more on labor to assure themselves a more stable, qualified work force, have been quite successful. Low and falling wages cause a number of problems for our community: 1) We are separated from our families while we work as farmworkers because it is impossible to support a family in the United States with these wages. 2) With rising rents for housing here in Immokalee, we are obliged to live in increasingly overcrowded, unsanitary housing, just to pay the rent. 3) Stores and restaurants and other business in our community have a harder time every year staying open because we have less and less money to spend after paying for the bare necessities like rent and food. 4) Immokalee never develops a true sense of community because, as workers try desperately to find employment outside of the fields, the population here constantly changes. That causes all kinds of problems, including a very high rate of street crime against workers, because our neighborhoods never develop any kind of cohesion. There are a world of other problems associated with our failing wages, but the solution to all of these problems is a fairer wage. The growers to this point, with the exception of Gargiulo, have refused to discuss this problem with us face to face. They say they can't afford to pay more, but the refuse to meet to show us't4,F-4 in q�r -, � , -.E , zJ:A I�.I- rnVHF P.A r '�A "C,-"),1�� No worker wants to put his boss out of business, but we will never know for sure if a raise is possible or not we don't sit down and talk. That is all we ask, and we believe it is the most reasonable of all possible demands. We know one day we will join with the Growers in a dialogue, the only question now is: When? „' -7: �ri`ti 11 nT r��tySCnw'r,;C i. 0_ T W,.4 US`s L-J lI i/�SISiINC'sYr:r =j IT CLe=t C" a ,'-C� '--1 n' f �„ i) i 1 T I H i A t T -n I ' : ,,,,y (-Fy .',L�1 T ,F.�'` t i y < N L `/ 1 : _ r• E/ r'CS��:'Lc. C C.•- c o.— 1 .� r-A L J ^ - c -c ! •c,/L fY N� T C•2_ a) *e e/ r..i_,C'� f'�•v;.P_�T �i �i -•- C>•� c1 :. C,Sa �-r ^JC • .. _i..: T, .. ....1 T" -l.S ._�.r .by -Gc it;. . COLLIER COUNT' MT COMMUNITY DEVELOPMENT . ^,ND ENVIRONMENTAL SERVICES DIVISION March 25, 1998 ,vts. Christina Eggers CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County ['reservation Board Meetine Dear GIs. Evers: 16GI 44, MAR 2 6 1998 arr, o` ! G(Jnt y Commi ;s it,rner<_ 0S ^0 NORTH HORSES710. - n-1 'r.- NAPLES, FLORIDA 3410•t This letter is to inform you that the Collier County Historic and Archaeological Preservation Board held a public hearing on Friday. March 20, 1999. I have e11L;1,,cd it copy of the minutes for your review and record,. Phase note that Joanne M. Quinn has been appointed to the Collier County I I "% Preservation Board to fill the At -Large position vacated by Debbie Cox. , I h,':, -e attached it cope of her resume for your records. If You have any questions or concerns regarding this meeting. please do not hesitate to contact me at: 941- 403 -2463. %'crn• truly yours, Ray Bellows Principal Planner (CI.G Coordinator) Historic l'resernatiomRVl3,rb cc: Vincent A. Cautero Sue Filson Robert Nfulhere Ron Jamro Nana• Siemion Preservation Board & rermitting (94 1) 403 - 2.100 Natural Resources g.tt, 7:12 Code Enforcement (941) 403 - 2.40 Planning Services 1941, 40a•23tw Housing & Urban Improvement (94 1) 403 -2330 Pollution Control (941 732 -2,1).2 REC'E'IVE[q 6G1" MAR ? 6 1998 MINUTES Board of County Commissioners COLLIER COUNTY 4S T ORICAL &- ARCNAEOLOQCAL PRESERVATION 2OARD Meeting of March ?o, iQQ8 �aance Present Loro J•o„ Young. O•0n^.n09 D,ane (7=,onxa►ex John ► kompton TkomntFran[c��l+ino Ln % ^n Ru,)p G A.,! ;`,6:e^•t Do,.d Dapsa voco ^? I �e on G;, ^d mee ?.ng .os called to O, der at Q C5 AM ADDEI\1D.r; TO AGENDA: r; r S C1, �.L CP Staff. Rao 6`e11o11 Nonc4 J,emion 9.11, DJ, Overt Gina Edward: (I laps, pa•!y f� -lewt} Corr -S: _ r. Copies To: PL.— ^.N,',11i ;G SQ RV; CES D'= P.== .RTi -1,Qi 1T REPORT: OLD BUSINESS Ave;_ r " " ^�ttr_S.4r__. u.c. u c I c^^at c Cmcima ?or {or C011:e^ C0unt4) a ^•a,. Ov. _: a ^0 ... _ ed "I iLe OICC OC PU61,C Inf ormoE•cn i- e a� :o d sc .:e, If any: to ce:u^ :u6:•c, :e it's acE-•nt'es Pe n!se writ ±nat �.... .---.,-•, . Jt ?..... �,. .a. �nf^...^e;i nom -^a: tr•e - II a:iOn ICJ^ I'Ii' Cn ±, - n t A and 'e.e : -. �cae and Is a: : "o.s To recognize tie importance anti ca•'e : Co,nE4 s ! !stor,:al anti cnaeSIC0 ! leriEage. To Eno- end it is tine Preservation Board S . ntent toga^ : :.st t. _ I,)onrd o� Cevn' q Co' - , :1c-e ^s on n4visor4 capac,t4 to protect, preserve. and perpetuate Collie^ C;unt•�•t I 1 1 er.c and ar.�oeo�ogicn! s� :e :. d :. ...., structures, 6u,!a�ngt, anti properties. It is not ti,e intent of tn�s aan:]ry 600rd and Pre ,-'anon Oranonce to deny anyone Eke use of hid properE4, but raE6er to reguloEe Eke use of suck p ^eperty in a manner Ekat .will ensure. to Eke greatest degree possi6le, tkat i+istoric &- arci,aeologicol sites and art, f acts are pmtectecl from damage. f ai -� Ot fP61 l� 61.E 6 ��i ! I _ e.I.n tc men-aneo Jos a h, Ice o u ": n�:;_ation pu s es a 4 -mon,n 4 news newsletter and or. a -p care ne. :otter tna - can 6e used to "nt stcres a'ndII speciol events• Tke polcy for geEt,ng o Pre— is to ',o•e t ^e nco ^ ^nt r se n ,eel, cr : „ n na.ance He can n!:o ko.e 6rxkvres printed suck as ti,e i-i stoat Cvde i'!ac I ^• r r _ I a,I.e n% ^n;e ^,a :�C^ �C.,^ :meetings Imov!d rnc!ude mare detailed information on tpee,al p,h;ec?s i'ena a . ^^ oa;'L-7Z � ��/a,!• t^e r;a:'es _"el mn4 6e a gecd'woo to inform tke pu61,c 060vt Eke P*ese^ atcn Morris / Hancock Constantine_ ✓ _ 1 Mac'Kie `T_ Berry �a 9s '.:* 16G1 activ.t.es. Tkore emp64ees may astittlthe prffdrJation Board in sitting up a web tits. This is a sty. CO t44 P =or non -prof .t organ;tationt. Ray Till e6tcls •rill► Marjforio StuOent to 40; j, t6 Preservation $Oard can operate as a ron. prof .t organitation. /alto. C6anne) 94 l.1, a *BUl c. Bird' t6ot dA� 6d�vsed to CWJ1r{iSf Special dvfntS Or thO r h.g6l.9ht1 of the I Oa "Octivit;et..T6e preservation Board 4ould also 6Ols into the pottibilit4 of •rOrl;ing with the IJn.vfrs1t4 of Kam; for special pnfper.•at;nn rmorctt LJtf {l4 Gv;nn Cdwar,if from t4 Nnrle: Dail.{ rle ^; ., - gCcel contact person fo» stones concerning preservation octivitie: and special events. I t . sdst d Rao Sellars patted out copies of the *Voluat.on mterio that mutt Le used when mat.ng r S;gnif :orce determ;nat;on for the National Register. Thit, ins"A;on ;dent;f;ef the range of retotmcos ontl tl+o 4;^dt of sign f nonce that Will qualify properties for list;ng in tie National Register. NEW BUSINESS: A DQM- Q 91�� s t ,,untf -_wa (�Tk. pre.er,at ;on Board d ;tcYtted a +vmor cronce1rning a proposed plo, to a hotel On Ithe fate that contains the Old I " "no Inn. NO information hot Lees pr0^nde0 at this time alt to '*hot sill 6aPpe^ r th the I'10"co Inn. fRa4 rill attend a meeting v;th the developer and their agent to ?*A* r the plan: for the :ate Roy I'll send any informat.on and, %or plant concerning the proposed hotel ;n the neat mo.ltng �'�i!•y"4 'ter- Yom." ApPI w.Pann; John Thompson pntrented ki review and recomme1,joi Cm cc-e--mg the proposed 'waiver oppl�cotton. The site opptart to 6e near the area 'sere archaeolog;ca) art.faCti hP .! 6e!^ fovnd. Tl,, Bard recommended that the -waiver 64 denied. C I of PitlfeT•Ja1tiOn B{prd ditCYlSed t�e gYah f iGat;Ons1 Of the appliCOnt I ne t}Mr4 t ^ems .tea b to O t0 recOmmend that the etc fill the cVrre•t vacanc4 with t6i applcant Tatted .n the file. The PC,-. �. . more a final r1e:.11hn on the appn;ntnent A.J»nj the Morr6. 741 m..rting DISCUSSION Of: ADDENDA: A Poo, +• Ranch . The Rosa -j Atcu,s*zl tire ;.ost;t;I.ty Of nom,nat.ng tl, =fecal 6.stor+c Site to the I \Iatc•nl Rea, -ter. R04 Bellows stated that the *Pliendt of Rohe it Ranch' are cont,nuing to r'o^� on plant to Operate tl•e ranch dt a .rark.ng museum Theo 60•,e alto made ;nqu;rie; cn how to amend tl�e PUD :on.ng to 0110- 11 m I .r the museu, ra -_i to ep!rote on the CCmmer6ol tracts. If approved, the ranch lard area •would Im"as, in t;te F,.m 4 acres to appro.ima {!ly a -e: It was alto mentioned that a National Register Defigndtion_ *pyJd ir+,t^*trQ�� Shia test of turning 1ti {c J'OrK'na ranch 6ecal Se Of the st"e. owdelinet and Cntena requmed for the mater.♦!: a ^a :QCh ni;'Vef tha' IC-an 6e U9fA ;a^ :s •t ^• ct .. a -d R. , p'JI -e v.l,,...._ !d to .�.O,S wit! tre Z41. C: 7e�eTat F -ellc6 OIJ U! ^.tea �r! : {pn i o determ re ,f a I'ya: cnal I Mfg ,ter det'gnat,on s f eaf.61e. Laura Rapp Burl\e SVgf ested that t6 f rectmat.On Board or'% On a jome propo:alS included P road 414 or Otte^ c.ntest. Concern was eta •e::eti that there may not 6e e- -_a- . •-e c-!.a•-e any complicated e.ent Lo, 4;11 contact C na 9dwards concern;n gap ^s : :o!e ^e.: paper article. Altte^dp^c_4, Lorh Jean Young stressed the •mporta, of attending all the meet,rg : :o that the Board ha: the man p0 s!r to PCCOmpI,h ;t t goals. N7XT MQ�TING: ,: ;p,;l Ii. IcCa at o :oo A. M, (Conference Room 'C') r 16GI40 COMMUNITY DEVELOPMENT AND � -2800 .NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION MAPLES, FLORII):13llr +l h d`' March 9, 1998 Ms. Christina Eggers CLG Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Eggers: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing on Friday, March 20, 1998. I have enclosed a copy of the agenda for your review and records. If you have any questions or concerns regarding this meeting. please do not hesitate to contact me at: 941- 403 -2463. Very truly yours. Rav Bellows Principal Planner (CLG Coordinator) Ilistoric Preseration,RVI3 /rb cc: Vincent A. Cautero suc Filson Robert Mulhere Ron Jamro Nanc% Siemion Preservation Board Builditw Review & Perrnittinq (941 ) 403. 2100.' + a'ry natural Resources ".0.;1 7 ;2-2161 Code Enforcement (941) 4431140. f;;:x F'lunning Services r;t ; + +:;•_'.+� +. Housing & Urban Improvement 4941► 403-21 0,', �` '1" uti n Control ++ 1 '"+ J; )' c�rx Rc:EIVED Y$J 1bG1 1, MAR 1 a 1998 AGENDA soara u, ,,uflLy COMis 0oners COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, ".MARCH 20, 1998, IN THE COMMUNITY DEVELOPMENT - DIVISION /Collier COUNTY GOVERNMENT, 2800 N. HORSESHOE DRIVE`:MEETING;ROOM . "C" NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE,APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE RAPS WILL BECOME A PERMAtiLNT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: February'20, -'1998 3. PLANNING SERVICES DEPARTMENT REPORT: 4. OLD BUSINESS: A. Guest Speaker B. National Register Review Criteria 5. NEW BUSINESS: A. Old Marco Inn Redevelopment Plans B. Petition SDP -97 -143, Survey and Assessment Waiver C. Preservation Board Vacancy - Review of resume (Vote to accept or deny candidate) 6. DISCUSSION OF ADDENDA 7. ADJOURN H;STORICAL nGE:7DA /md ri J�• Corr hvrris Date; Hancock Constantin /C/O , Berry" #' Copies To: �y �^ W. fp d *:r�` -- Skd'.' "' L4 �}'' ri my "k �r 9 ,.rr; g . IMMOKALEE BEAUTIFICATION M.S.T.iRECEIVED ADVISORY COMMITTEE Meeting February J,18 , , 1998 MAR 6 i99a ;A f r k ' Board of County Commissioners AMA r i SUMMARY OF RECOMMEND OTIONS k 3. APPROVAL OF MINUTES OF 'JANUARY'18 TH MEETING: Cherryle Thomas moved to accept the minutes as presented; seconded by Rita Avalos and carried unanimously. x �% o F jisc. Co res' Corr +s a, Hancock Date: Constantine�. --- (� Mac'KiQ Items �lo G, gRrry . J tt l{p�` v�y, ,k� °iF %e4 �u ! 1 f K I f Copies To: Collier County Government cn • 3 }{k1 Ta yy{ a1 i~ast' •1 Naples. Fk rda X W)2 mi "4'rf�`q IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE t�w/�tie'n9 ��tl`��t 1. Call to order 2. Attendance: Denise Smith, Committee Chair Rita Avalos, Committee Member /Past Chair Dorcas Howard, Committee Member Cherryle Thomas, Committee Member Val Prince, Transportation Admin. Services Joe Delate, Office of Capital Projects Management Mike McGee, Landscape Architect Chuck Buckley, Landscape Maintenance Contractor 3. Welcome /Introduction of Guests 4. Approval of Minutes from February 18, 1998 5. Maintenance Report - CR 846 & SR 29: Chuck Buckley 6. Landscape Architect's Report - Mike McGee 7. Budget Update - Val Prince 8. Transportation Administration Report/Update - Val Prince 9. Office of Capital Projects Management Report - Joe Delate 10. Old Business: A. B. C. 11. New Business 12. Open discussion on any business not needing Committee approval 13. Adjournment Next Meeting: April 15th - 5:00 p.m. @ Immokalee Community Center Collier County Government Cent}eri'• 3301 T' jrtu1rai 1 ast • Naples. Florida 3.3,962 4' ;�i 16 GI -og 1 2 IMMOKALEE- BEAUTIFICATION M.S.T.U. : ADVISORY�nCQMMITTEE Meet' wry,181 1998 The Immokalee Beautification District ., Advisory Committee Meeting of Wednesday, February 18, 1998 was called to order at 5:05 p.m. ROLL CALL: Members present were Denise Smith, Rita Avalos, and Cherryle Thomas, and members.- Also present: Val Prince, Transportation Administrative Services; Mike McGee,, McGee & Associates; Jacqueline Silano, recording secretary. Excused absence: Joe Delate, Office of Capital Projects Management; Chuck Buckley, Commercial Land Maintenance; and Dorcas Howard, member. 3. APPROVAL OF MINUTES OF JANUARY 18T" MEETING: Cherryle Thomas moved to accept the minutes as presented; seconded by Rita Avalos and carried unanimously. 4. BUDGET UPDATE A. Val Prince distributed copies of the Budget Status dated February 1998. A new format is being used which met with the committee's approval. The report was reviewed at length. B. Copies of the revised landscape maintenance contract specifications were provided to the members for the review and future discussion. 5. LANDSCAPE MAINTENANCE REPORT A. Val Prince reported on behalf of Chuck Buckley and advised that the mulching has been done and the lot has been cleaned up in preparation of the groundbreaking ceremony. 6. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee briefly reviewed some of the revisions to the contract specifications. (Rita Avalos left at 5:35 p.m.) 7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT A. Val Prince provided the members with a project update report from Joe Delate. A proposed schedule from Mid- continent Electric was included. Construction is anticipated to start on February 23. A discussion ensued. If there are no unforeseen funding problems, the project could be completed as early as September. Collier Count} Govemment Ccnt6r�, • 101ATS Naples. Florida 33962 k % ' r y r, t, EJ �M G1� OLD BUSINESS xM }` A. Val reported that he met with Traffic. Ops`:regarding the restriping of 15t Street which will be done after the road is resurfaced. 9. NEW BUSINESS A. Denise reported that she received a complaint from a Mr. Davis regarding a trench that was dug "across his driveway when the conduit was being installed. Although it was,filled in with dirt, it was not paved over and this is now creating potholes.a`_-,4.Val will.follow up on the problem. B. Mike McGee requested that the committee provide him with a letter of recommendation for an upcoming RFP. C. Denise requested that copies 'of . future" agendas be mailed to Cheryl Lewondowski, the Main Street Coordinator. 9. ADJOURNMENT As there was no further business to discuss, the meeting was adjourned at 6:00 p.m. The next meeting will be held on March 18,, 1997 at 5:00 p.m. at the Community Center. t �J yr �Y a a r- �' I e �J yr �Y a a r- �' I e W IMMOKALEE BEAUTIFICA tia&ADVISORY COMM �A zi >M10 TION.M.S.T.U... 1 b G 1 "i . ITTEE ; RECEIVED 0-1,1`1998 3 MAR 3 ? '998 SUMMARY OF RECOMMENDATIONS' AND MOTIONS w Hoard of County Commissioners 3. APPROVAL OF MINUTES OF FEBRUARYu,18T" MEETING: Denise Smith moved to accept the minutes as presented; seconded by Rita Avalos and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT.- B. Denise reported that Cherryle Thomas followed up with Mr. Williams and he claims the tree in question is not within his property line. Mike McGee requested that Mr. Williams make a written statement for the record. Mike recommended its removal since there :were no objections. L d. r" 5. LANDSCAPE ARCHITECT'S REPORT B. The west side of C.R. 846 constantly stays wet; he recommended that Road and Bridge re -muck the area to elevate it in an effort to solve the problem. 6. BUDGET UPDATE A. Mike McGee reported on behalf of Val Prince and copies of the Budget Status dated March 1998 were distributed and reviewed. He noted that the carry forward of S478,390 has been obligated to new construction. After a brief discussion, Dorcas Howard motioned to move S14,000 in Reserves for Future Construction to Lighting Maintenance; seconded by Rita Avalos and carried unanimously. B. After a brief discussion regarding next year's budget. Rita Avalos moved to continue the current maximum millage rate; seconded by Dorcas Howard and carried unanimously. ' 7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT C. Mid Continent has been delayed because a monitoring well was located in the lane where they planned to begin work. Since they can get underway elsewhere,' a $500 fine I could be imposed if the project is not completed on time. There was some discussion. Mike McGee met with Environmental Engineers this morning and they have given permission to move the well. Mr. McGee recommended capping it qnd relocating a new Well ' to the east, 511 Norris J 4 Hancock ntine II � Constya` ; •Kid -:t��, #r Mac Barry { � :�r �',�r.a�. ,, -_-�r" �7t (,.r.tzr. • :01 T•try�:ami T�'a ;� 3;.as , ti,t�lri�ifkta• "s�U: ? ±')�'_ I V 16G1 D. Denise Smith made a mo ion,, authorizing Joe Delate to prepare an E Executive,,,, Sum, ma ry req uestin A loan , of of .., $275,000 for irrigation, landscape, '�,an&,'brickw& "'16" n 0 struction seconded by Dorcas Howard and carried unanimous As there was some question'' regarding the number of years in which to pay back the loan,'-'Denise requested a copy of the state statute. 4'. tg X�'i� A 7 6' .ti d OK. ELBE UTIFIC TIO ' IMM � � ADVISORY, COMMITTEE A endA A rl 15 a 1998 1. CALL TO ORDER 2. ATTENDANCE Denise Smith, Chairman Rita Avalos, Member Dorcas Howard, Member Cherryle Thomas, Member Russ Muller, Transportation Administrative Services Val Prince, Transportation Administrative Services Joe Delate, Office of Capital Projects Management Mike McGee, McGee & Associates Chuck Buckley, Commercial Land Maintenance 3. APPROVAL OF MINUTES OF MARCH 18T" MEETING 4. LANDSCAPE MAINTENANCE REPORT:,. ; I 4 5. LANDSCAPE ARCHITECT'S REPORT" " 6. TRANSPORTATION ADMINISTRATION REPORT & BUDGET UPDATE 7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. PUBLIC COMMENTS 11. ADJOURNMENT 16G1 ,41, IMMOKALEE BEAUTIFICATION M.S.T.U. ,I I `�; ADVISORY COMMITTEE Meeting of March 18, I998 1. The Immokalee Beautification District Advisory Committee Meeting of Wednesday, March 18, 1998 was called to order at 5:10 p.m. 2. ROLL CALL: Members present were Denise Smith, Rita Avalos, and Dorcas Howard, members. Also present: Russ Muller, Transportation Administrative Services; Joe Delate, Office of Capital Projects Management; Mike McGee. McGee & Associates; Chuck Buckley, Commercial Land Maintenance; Jacqueline Silano, recording secretary. Absent: Cherryle Thomas, member. 3. APPROVAL OF MINUTES OF FEBRUARY 18T" MEETING: Denise Smith moved to accept the minutes as presented; seconded by Rita Avalos and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley reported that 1280 bags of mulch was installed; there were a few minor irrigation problems; the Purple Oueens have been sprayed for fungus. B. Denise reported that Cherryle Thomas followed up with Mr. Williams and he claims the tree in question is not within his property line. Mike McGee requested that Mr. Williams make a written statement for the record. Mike recommended its removal since there were no objections. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee met with Chuck Buckley and minor detail work has been taken care of. He also reported that the plant material is in good condition. B. The west side of C.R. 846 constantly stays wet; he recommended that Road and Bridge re -muck the area to elevate it in an effort to solve 'ohe problem. C. Mike met with Carol from the casino and will be proceeding with the plans for the sidewalk. He will apply for funding. D. Mike reported that the outside of the trashcans needed to be pressure cleaned; Chuck Buckley will take care of it. D. The street sweeper is apparently doing a good job. A long -term problem has been driveways without the proper apron, which creates soil buildup. ('l', ^..P. • "11 rSR:.am!! Till . C-.. <f • f'i,.rii.a , �(,� Mike recommended looking into further after the Main Street project is complete. 6. BUDGET UPDATE A. Mike McGee reported on behalf of Val Prince and copies of the Budget Status dated March 1998 were distributed and reviewed. He noted that the carry forward of 5478,390 has been obligated to new construction. After a brief discussion, Dorcas Howard motioned to move $14,000 in Reserves for Future Construction to Lighting Maintenance; seconded by Rita Avalos and carried unanimously. B. After a brief discussion regarding next year's budget, Rita Avalos moved to continue the current maximum millage rate; seconded by Dorcas Howard and carried unanimously. 7. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT A. Joe Delate reported that the Board of County Commissioners approved the JTA on February 24. It was sent to the State and approved. B. A purchase order for streetlights has been cut; delivery is expected in about eight weeks. The charge of S177,000 to Lumac will appear on next month's statement. The DOT has authorized keeping the old poles as replacements. C. Mid Continent has been delayed because a monitoring well was located in the lane where they planned to begin work. Since they can get underway elsewhere, a S500 fine could be imposed if the project is not completed on time. There was some discussion. Mike McGee met with Environmental Engineers this morning and they have given permission to move the well. Mr. McGee recommended capping it and relocating a nevi well 15' to the east. D. Denise Smith made a motion authorizing Joe Delate to prepare an Executive Summary requesting a loan of S275.000 for irrigation. landscape and brickwork for new construction; seconded by Dorcas Howard and carried unanimously. E. As there was some question regarding the number of years in which to pay back the loan, Denise requested a copy of the state statute. 2 8. OLD BUSINESS 16 G 1 116 A. As a follow up, Mike will check with Val regarding the cut across the gas station driveway that was made by E.B. Simmonds. a 9. NEW BUSINESS A. When Joe Delate met with Jim Chantry at the pre- construction meeting. Mr. Chantry asked if a sign announcing the project would be erected. The committee felt the funds could be better utilized elsewhere. B. Russ Muller announced that Ed Kant has replaced Dave Bobanick as Director of Transportation. 10. ADJOURNMENT As there was no further business to discuss, the meeting was adjourned at 6:05 p.m. The next meeting will be held on April 15, 1998 at 5:00 p.m. at the Community Center. 3 16G1 I' ntcF-IVEQ ISLE OF CPARI FIRE AND RESCUE DISTRICT MAR 4 1995 ADVISORY BOARD („jro )f County CommiSslonen MEETING; MINUTES Fehruiry S, 1998 Advisory Board %lembers Present: Jerry Nlarinaro Ed Hugel Phil Popovici Dexter Colvin Chris Xigogianis Ed l-luegel: I would like to call the regular monthly meeting to order. This is our regular monthly meeting. We are going to tape record this. I think there are three or fi)ur difTerent tapes, the County has one too. do they? Chief Rodriguez Yes. it is the small one right there. with the mike Phil PopoyiLi Thee are all going. Ed Huegel I think gee aught to get right with the agenda on this We will do the Chiet's Report first Chief Rodriguez: For January 1998, we had one request for mutual aid outside ofour district. We had five boat calls. medical rescue calls. «c had four rescue calls, and %%c had three fire related calls. those are stand -bys for %led Right. public assist, and one fire alarm Any question on those'? Ed f-tuegel Yes. the boat calls They have become no%�. EMS calls. are they host accidents. are they boat breakdomis? Chief Rodrigucz ;`urine rescue calls Ed Huegel You Said medical calls that they were. didn't you" Chief' Rodriguez. They were all medical calls Ed HLICLIel They were medical calls-) Chief Rodriguez Yes. Ed Huegel OK. Does anybody have any questions' Norris _ Hancock Constantino Kac'Kio Berry r,, ,. Co es 16G1 Of Phil Popovici: Yes, I have a question with the boat. Are we doing any kind of joint ser-ices with any other groups right now? I happen to be on my boat over last weekend in between gale force winds and I noticed a large number of people on the boat looked liked youngsters Chief Rodriguez We have a new program now with the Explorers, and Moe which is a volunteer here, that's all he does, he has the Explorers here once a week on a Saturday. They go over water safety, they go over first aid, and CPR, here at the station. We were going over some water safety aspects of'the boat. Phil Popovici Right, so they are similar to Boy Scouts? Chief Rodriguez. [tight, for the Island here. Phil Popovici And is the training always weekends' Chief Rodri--'uez for the kids, its on Saturdays Phil Popo%ic; The reason I bring this up is, is there always going to be Saturday training %pith these youngsters? Cause, isn't Saturday predominately a high volume boating day'' Chief Rodriguez: Well those kids are not going to be on the boat on Saturdays, this is just an introduction to our boat. Phil Popovici OK. Chief Rodriguez: They are mainly here at the station, what they are going to be doing is a lot of'classroom and a lot of films, and stufl'like that Phil Popovici I think that's great. I was just, the reason I brought that up is I was just wondering how can you respond to a call with eight or nine children on the boat? C'hicf Itodriuuez Right Thev. . Phil Popovici Let's keep the frequency down on the high traffic days on the water, maybe the kids they v ant to out on the boat some weekday, if they can swing it after school hetbre it gets dark Chief Rodriguez. India, I understand that Ed I luegel: Have you checked with the County? Are we insured? Chief Rodriguez: Yes, I checked with the County. 2 16Gl %44, Ed I luegel Do %tic have a policy that covers that'' So ifone of these kids get hurt we don't get sued by the family or the parents'? Chief Rodriguez: 1 understand. These kids are not going to he on the boat like a regular basis this will be once in a while they will be able to go on the boat, but not on any calls. Ed Fluegel: Are you covered though with insurance with the kids on the boat? Chief RodriLUe7 Yes Ed I luetel I don't have a problem with it, I just want to make sure we are covering what's happening. Chief Rodriguez Any other questions to that? Ed I luegel: Well we were going to go over the C'hiel's Report at the previous month that was riot done. I mean you only have, we are only talking ahout now from the eighteenth to the present time. The eighteen of'January. No body went over the minutes in December. Phil Popoyici I think we are going to have to ratify the minutes Ed Iluegel: YOU want to do the minutes first'' Or do you want to, you know you got the Chiefs Report up there right now. Phil f'opovici Un huh. I mean normally you ratify the minutes of the previous meeting. then go right into it. That's my, I mean, protocol is whatever Unknown: If'%ve are starting the Chief's report then let's do it. But ifyou have a question on the old stuff Ed Hiegel ThaCs the way this has been drawn up though Phil Phil Popoyici: Fine, sure. Unknown: I'm just one person one vote. Ed I-iuegel Do you want to ratify the minutes first'' Is that what you would like to da? Phil Popovici I mean, if VOL] have a question with regard to the C'hief's Report that was presented to us in the previous meetings and you want to bring up some issues, or you have questions there. I suggest now is the time to do it. Since you want to go over the operations Ed Huegel: What are we doing? Are we doing minutes first, or are we doing this first" I 16C,I (Inaudible) Why don't we go through the Chiefs Report, right? Chicf Rodriguez: Now for the Volunteer Report for 1998, as of date, we have twenty - three volunteers. Six of those which are tally State Certified - 400 hours. Two that are fifty -six hour certified. One is a Paramedic. Nine EMT's. Three First Responders. I also pmvidcd you with the list of the names of all of the volunteers, and all the other certifications that they hold, such as EVOC, which is the Emergency Vehicle Operations C OUrse and any other certifications that are important such as Hazardous Materials. So you have a list in front of you of all the navies and certifications. Training Report - Phil Popovici I don't want to table the Volunteer Report yet Chief Rodriguez OK Phil Popovici Out of the twenty -three volunteers we have I know that our numbers have chanced eery quickly, I mean we went from very few volunteers to a large number in a very short period of time which is tremendous. Are all of these individuals able to provide service to you at this point'' When they go into a truck and start it up, run to a fire. Chicf Rodriguez Well, I have a lot of new volunteers that are still in training that are not able to do that vet. Phil Popovici So of the twenty -three we have now, how many that are completely self sufTcient, if there was a call to respond, providing. they are on duty or on the Island? Chief Rodriguez Ten Phil Popovici How many? Chicf Rodriguez At least half of them that could ntn the trucks and actually perform the work ofa firefighter. Phil Popovici All right, good. Ed I fuege) I1ave they been trained to drive the truck and do... Chicf Rodri`_ucz Yes, they have EVOC'. Ed Huegel Maintain the pump, etc.? Chief Rodriguez In order to operate a County vehicle they must have the Emergency Vehicle Operations Course. Ed t fuegcl: I understand that, but they are qualified to do that? 4 16GI -4s Chief Rodriguez Yes Ed Huegel And they are qualified to run the pump and also that you have a person that YOU can depend upon'? Chief Rodriguez: Yes Ed Hucuel Do you have any other questions on that'' Phil Popovici I have another question. You know how we recently changed our access code in. Chief Rodriguez Correct. Phil Popovici: Do all ofthe individuals have the ability to get into our station? Chief Rodriguez: Yes Phil Popovici: Oh, OK. Your on reserve then until the end ofthe six months? Chief Rodriguez: They are some new ones, like at the beginning; when they first start here, I don't Live them the code because they might be here Im I day or two, they might not like it, and they might end up quitting, so I wait at least a tcw weeks before I give them the code to get into the station Phil Popovici: A wonderful job on the volunteers. Mr. Xiuogianis For the benefit of our write -ins, sometimes we use initials, and maybe some of the people in the audience won't know what is an EMT? Chief Rodriguez: Emergency Medical Technician Which is one step higher than a first responder, first aid, and one step below a Paramedic That is what an Emergency Medical Technician is. We have now elected, I don't know ifit was hrought up to the Board, but we have a elected volunteer President. Elected volunteer Vice President and a Treasurer now, and it was hrought up to 111y attention tonight that the Vice President has drafted a letter and would like to present it to (fie Board. Ed I luegel: Mier we are done with this cause I've got it few questions about your.. Chief Rodriguez: OK, we would like to make note ofthat. Phil Popovici: And I would like to follow up on what the Chiefjust said. I was presented the change ot'signatories for the "Dock Fund" and /or the "Volunteer Fund ", which list the following individuals; Kimberly Dalton as President, Earl Floyd as Vice President, and Douglas Edwardo as Treasurer. These are the three people that the Chiefs referring to. 16GI Ed Hue ,cl: All right, to get back to the volunteers. On the calls you have had during the day (inaudible) how many volunteers have shown, excluding the calls, that you have done or David has done, or, has there always been somebody with you or with Dave as a volunteer shown during the day? Chief Rodriguez: Ninety percent of the calls, yes. According to our log we have had a volunteer here. And, now the volunteers are also pulling shifts at night, where they are sleeping here at night. Tonight we have two volunteers that are spending the night and this recently started about a week ago. So, we're trying to redo our scheduling where we can work around the volunteers that have a full time job on their days off pull a full shift here and actually spend the night not just come here for four hours and go home, but actually pull a complete shift. Phil Popovici Twelve hours. Ed HueL!el OK, prior to this, your last six or seven calls that you have made or David has made have you had somebody with you each time you have gone through or responded to anything,? Lt. Butler: It would be Chief Rodriguez or myself or one of the Med Coms or there have been some calls where I haven't had anyone with me but we can go back in the log book and it will show you exactly who was there. How many calls. Chief' Rodriguez: Any other questions on the volunteers? Can we go on to the training? So far up to date we've had sixteen hours of training. On 1/8/98, we went over to the Marco Fire tower and trained on stand- pipes. On 1/5/98, we did boat operations with some of the new volunteers. On 1/29/98, we did the Memorandum of Understanding with EMS in order for the EMT's to keep their certification up to date. Any questions on training,') Phil Popovici: Was that just on that EMS stuff? Learning the techniques, doing...? Chief Rodriguez: The Memorandum of Understanding is something that we have that it is mandatory with the State to have a contract with the medical provider. Where they send a qualified instructor and they train the EMT's to keep their certification up, so their certification does not expire and'they receive three CEU's ( continuing education) to keep their certifications and they cover all the basic stuff so they don't forget and they can continue with their certification. Phil Popovici: Refreshers courses. Chief Rodriguez: Correct Phil Popovici: Ncw techniques that conic up. 16G1 Chief Rodriguez: Right, right. Leo Ochs. Mr. Chairman, I would like one miner correction, that is a State Statute but it doesn't require it strongly encourages agency's to enter into (hose contracts with the licensed medical provider. Phil Popovici: I think it's a great idea. Leo Ochs Most of the districts in the County have chosen to do that. Ed HUCgel I would like to ask just one question We have a proposal we made here hack away's where you said you had no volunteers what so ever and you were the only one handling it Ilow did you get this turned around in this short period ol'time. I'rttjust inquisitive of how you got it to it point where you are now, because in this if you rementher. Chief' Rodriguez: I have done no recruiting Ed Fluetel Do you remember this'? Chief Rodriguez Yes. I have done no recruiting. I have a lot ofpeople that are fi►Ily state certified when they come out ot'the academy there is only a 1cw volunteer fire departments in Collier County and %%e are know tier our training and a lot ofdepartments send their volunteers here. We have received a lot ot'volunteers 11rom East Naples that have been sent front East Naples to come here and also from Other departments, such as North Naples and they come over here and ask ifthey can volunteer to keep their certifications tip and that's one thing we have been taking advantage of Ed I-Iuegcl There has been a point made though, if East Naples does take the firehouse and supply the lire stafi•'that your going1 to lose you volunteers Is that fact or is that fiction" Chiet'Rodriguez: I have never heard that Ed Fluegel You haven't heard that front anybody) C'hiet' RodriQuer. No Ed I luegel 5o il'it were changed, we would still end up with the twenty -two or there about? C'hiefRodriguez Nell, I can't speak tier all ol'the volunteers, and I can't speak for C'hie+' Schank ho%k he will run the vahtnteers, so that I can't answer that. 16G144,, Ed Huegel: But you haven't heard any scuttlebutt that they were going to leave if it were changed? Chief Rodriguez. You know I don't like to go by what the grapevine says because by the time it gets back to a person it's been switched around a hundred times, so. Should I go onto the budget then? Ed Huegel: Sure, that's fine. Chief' Rodriguez: As of December 31, 1997 we have spent $39,322.90. That's as of December 31. Phil Popovici We arc suppose to get a line item. Ed Iluegel. Yes we are suppose to have that. Chief Rodriguez: I will have to go back to the minutes and review. Phil Popovici- OK. I think Mr. Page said he would do a line item for us. Chief Rodriguez: OK. I wasn't... Phil Popovici Just so we can review. Chief Rodriguez: Before we leave here I could give you a copy of the budget. Phil Popovici Good, so you can see where... Chief Rodriguez: Yes, 1 have a copy of it. Phil Popovici: I think it's good for us, its nice that we have an accumulative number. ('hief' Rodriguez: Right. Phil Popovici It gives us an understanding of where the funds are so spent. C'hiet' Rodriguez: Before we leave here I'll give you copies. Ed Huegel That's good, if we could each get a copy because I'm sure the whole board could like that Phil Popovici: Is that the green bar? 9 16 G1 Its, Chief Rodriguez The green har copy which in Iact we only receive the green har every three months We used to receive it once a month, but they changed that now, so we get it every three months Phil Popovici %1r. Page said he %kould try to speak nicely to (inaudible) get it. Chief Rodriguez: We tried to get it every month. Ed I lucgcl- He said he would have it for us at this meeting, so it's something that is on the tape and I believe it's in the minutes that lie would have that. Chief Rodriguez: I will stake sure that there is one available. Ed Huegel That's fine. Phil Popovici The question I have Chief Rodriguez: The $3 1,800 is tier Collier County Fire Control District Fund. We cover part ot'thc un- incorporated area that has no established lire department in that area. Such as, Keewaydin Island and that comes out of a fiord which is taxed at 2 mils and there are, I believe, five fire departments ill 'ollier County that receive a portion of the Collier County District Funds because the cover separate areas of that. Mr. Xigogianis How does that go with the 163,200 '> Chief Rodriguez: That is included. Phil Popovici: Inaudible Chief Rodriguez: Yes it is, that is included tier a total. Mr. Xigogianis: Who makes the bud(,et'' Ed Huegel We are suppose to make the budget Chris. We haven't in the last two years, it hasn't been done that way. Mr. Xigogianis Reviewing sonic of the minutes, I see that we were I don't know $20,000 short, and somebody gave us $20,000 to bring us to budget. Phil Popovici: It was actually $16,000 and snrne change, it was never $20,000. Mr. Xigogianis Who gives us the money when we are short on budget'? Phil Popovici. You have to review the minutes, I not sure, was that infused tom Emergency Medical Services" pi 16G1� Leo Ochs: No, it was either from Isles of Capri Fund Reserves or from District One Funds, I believe there was an allocation increase from District One to compensate for the increase in marine call volume which is District One related. Ed Huegel: Well, Leo, it didn't have to do with that, we, that was alter we had gotten the $31,000 or whatever, from that. Chief Rodriguez: This is our first year with the $31,000. 98 is ours Ed Iiuegel. But, Jeffery told us we were $20,000 over drawn at one meeting, came back at the next meeting and said to us that we were not overdrawn, in fact we had $12,000. surplus. So. I have never been able to get an answer where did it come from or how did we get that difference in $32,000 approximately. Leo Ochs What time period are we talking about? This Fiscal Year or last Fiscal Year? Chief Rodriguez: Last Ed Huegel: Was it last year? It was in May. Phil Popovici. September Leo Ochs: if it was September, it was Fiscal Year that runs through September. I'll find out for you. Phil Popovici It's borderline to be very honest with you. The one question I wanted to ask you Chief' I know we have (inaudible) accumulative number around thirty nine thousand. The reason I ask for us to look at the budget and line item is this a representative proportion of how we should be using funds? Meaning is this a, are we using it at a slower rate than normal, a greater rate than normal? So we have to sorta gauge it. Looking at a lower number will necessary provide us whether or not we are on tract with our budget, whether or not we are spending a little to much, or were saving money') Ed Huegel: Well, prior to the past two years, the Chief would make a rough budget up and we would sit with the Chief and go over what the expenditures were. Plus or minus and them it would be sent up to the County for their approval. Now the last two years we haven't done that, and I think it says in the County Ordinance that it is an obligation of tile, our board to do that budget. So that's why we are kind of concerned. We are coming to a point to where Leo is going to need numbers from us as to what our needs are. And. I think that we should get it done. That's why I ask for that stuff this month so we could, your going to be looking tier it by April aren't you? Leo Ochs: That's correct. H 16G14 -5 Ed I luegel That doesn't give us a heck cif a lot of time to go Over what his needs or what the needs would he fir Isles of Capri. Chief Rodriguez: You will have ► copy of it tonight Ed Huegel Ofyour budget for this year coming's Chief Rodriguez: Oh, no, we haven't. Ed Huegel. Well, that's what I'm talking about. Phil Popovici Well, I think that is a part of what we were talking about forecasting, looking at what potential our expenditures we see on the horizon or the potential additions, use's or projects that the lire. Chief'Rodrieucz: I believe that will come up by the end OtTehruary when we start doing our preliminary Phil Popovicr Under forecasting to, that's not just dollars, it's events, like fiir instances, like the Previous meeting forecasting, say, by the way we look to plan on working with the Boy SCOWS. or however, you mentioned the name before, but these children to help them, fire control. EMS or whatever that is, so you have like a heads up On what's going on. either by mutually or by scheduling on what you feel is corning up, so it will help to give a well rounded view of not only what has Occurred but what will Occur So we can all prepare and I'Ut Our heads touether Ed Huegel That is actually in the preview of what s happening Mr Migogianis Why we are still on the hudget. I'm looking at the minutes of May I. Board discussed tentative budget. County increased IiOn► StS,000 to $18,000 to balance our budget That is the cltiestion f ask, and everybody, said well, we never got any money to balance the budget. Ed I luegcl Wcll. we have asked that question it lot Chris. and Leo said he would get all answer tier us now Could we ;get it for tl►e next niectirtu. Leo" Leo Ochs YOUr reading from the minutes'' Mr \igogianis May I, 1997 1 can't find them real quick, but there is more than just cane where something is offbalance. Here. Our budget ;August 7, Our budget being over by $20.000 somehow- we get the 520,000 to make up the short frill. Inaudible. Ed I Iueuel Well it ended up from a 520,000 shortfall to 5312 000 which would give us .► S 12,000 surplus in the next month Or two months 16 '1 is Phil Popov16 I suggest we let Mr. Ochs get the information and provide us, because clearly the information will be factual even thought some of the minutes are there. That may he based on the discussion, riot necessarily based on documentation. That could have been minutes of discussion. Marked numbers, I recall seeing minus $16,000 and change. I remember the numbers, but I reserve anything until we see something. Chief Rodriguez That concludes my Chief's report. Ed I luegel We still haven't gotten December's, so you know, sometime between now and the next meeting if you could get it together. We ratified the minutes, but we didn't have the Chief's Report for December, you weren't hear and that meeting we had especially for you to do that report and then you didn't. C'hief'Rodrigiiez As far as I was told, the Chid's minutes were presented by Lt. Butler, Ed I luegel I think there was a question and we wanted you to answer it and that's why we put it onto the 18 "' of'January and then that meeting you scheduled something with the volunteers, which is admirable, but when we set a meeting and I ask you specifically could you make it a certain day, a certain day, a certain day and you said you couldn't make it, some ofthese days, we made it the 18 "' to satisfy you and then. Chief' Rodriguez Next meeting. F(I I luegel Clluld you do December 4 "' just so we have it. Dexter Colvin I make a motiL)n that we accept the Chief's Report tier this here, February . 1908 Ed If ueuel Do we have a second. Phil Popovici I'll second that Ed I IueQel Anv diSCUSSioll Ed Iiue`_el Do I have a rote on it" Motion Passed. No opposition. Mr. Muouiams Is this the proper time to ask the Chief questions that don't pertain to the budE;et? Phil Porovict Depending on Old or New Business? Ed f luegel Is it Old or New Business? 12 16GI 4,4 Mr. Xigoginnis: One of the Board Members, so what ant 101(f Business or New BUSiness" Ed Huegel: Let's do it under New Business OK Inaudible - excuse Inc. Ed Huegel. Phil has suggested that we put the minutes, go ahead Dexter Colvin: I have a copy ofthe old minutes and I'm just wondering can we clear this old issue of this old minute report can I hand this to the Chiefand just have him go over this quickly, get it tabled and have it ended so we don't have this old, old business repeating itself'. Ed Huegel: We just have that one thing, that is going to take, there is a lot of people here that probably haven't had supper or anything including Dexter. Dexter Colvin: I know, but it would only take .10 seconds lilt this man to go through this. Ed Huegel Do you have that report'? Chief Rodriguez: I have it now. January 811' Chid "s Report, Operations Report Deccrtlbcr I9. 1()Q7 We had two actual fires, two vehicle fires, you had one fire alarm, one other fire related call, three medical rescue calls, two marine medical rescue calls, zero request From other departments for mutual aid. %�e had a total loss of five thousand dollars in fire loss Ed Huegel That was other peoples property Chief Rodriguez Correct. That was it vehicle Phil Popovici That is the implied damave amount'' Chief Rodriguez. That is an estimated amount because the car was totaled. Phil Popovici This is not our equipment that was damaged" Chief Rodriguez No, no. Not at all. Ed Huegel What were the two actual fires Chief RodriLUCZ. Two vehicle tires I 1 b r I Chief Rodriguez: Volunteer Report. Twenty volunteers, six fully certified four hundred hour volunteers, two fifty -six hour certified, one paramedic, seven EMT's, two first responders, you have a total of twenty volunteers. Any questions on the volunteers? (raining Report. We had four hours oftraining, as of January R. 12/04/97 we had h:gh- rise training with Marco Island Fire Department we participated on a high -rise incident they were putting together on Marco Island. 12/06/97 car fire extrication here at the station. 12/18/97 we had fire extinguisher training. from January I, through December 31, 1997 this department ran 260 calls. Ed Huegel: I would like to ask about those 260 calls Phil Popovici I told on it second, please. Let's resume. Ed Huegel This one is done ton. Phil Popovicl I'm it technical specialist here. We are all in trouble. Ed I luegel Your showing 260 calls. Chief Rodriguez. Correct Ed Huegel Your showing automobile calls, are you considering there of a fire call or are they. in the past Ihey were always fire calls, or arc you putting them into the category of EXIS calls Because what I have, is a (inaudible) breakdown it's about 50/,50 as to I edical calls and fire calls, that I think should be, not in a drawn out thing right now, but I think you should look them over again, so that we know what are we reporting as out of those 260 as to are they medical or fire calls f3ecause you sent that paper to me and went thrc�� it pretty thoroughly and I thought in the past automobile calls were fire calls. Chief Rodriguez: I wasn't aware of that Ed HLiegeV Nell, we didn't have ERIS here them. [creak in tape %Ir Xigogianis Talking about the general boundaries, is their a map that sets out our district" t'hlef RodrIULICZ Yes there is. %1r. `CIgauianis: Does it state Fiddlers ('rcck? Chief Rodriguez Yes Ed I luegel: We have about ten or fifteen percent (inaudible) 14 16Gl �a Phil Popovici: Yell, I make a ... Mr. Xigogianis: Who determines that'? Chief Rodriguez: The State Ed HueLel: The Fire District, and the map is ours because they have given us direction, is that right Leo ". Leo Ochs: I don't know to tell voU the truth Phil Popovici: I would like to make a motion here, that Wall new Fire Advisory Board members coming into their first term, first day, should he made. Liven a copy of the Ordinance, a coley ofthe houndarics, a coley ofany other rules or regulations governing this hoard, any infi►rmation the County h ;►s that feels we should have that, inaudible, the time I have been here I Lot four inches here, however. I mean the rninirtlunl necessarN, things of the ordinance. boundary mall, what our Junction is. the or anizational structure as we were Liven, rlrrvhe six or eight months ago .Mr Xigogiams I got a lot of that, but I don't Dexter Colvin The Sunshine Law Phil Popovici The Sunshine La++ Ed Fitiegel I requested that they do that to all the new Board members. Mr. Xigogianis But, I remember the map, Jerre Marinark, At the Marco Resort (inaudible) in the next t+ m ++eeks Dexter Colvin All the new members Inaudible They are going through all the Sunshine Law Phil Popovici Does anvone inaudible memos" Ed Ifr►egel I just got a coley ofthe new Ordinance, in 89 and')?. it just came in the tax today. and I really haven't had a chance to look it over, but it's changed 11rom what we had originally, so what the point of that, I never thought ot'asking. Phil Popovici So we don't even have it. We don't know 1� 16 "'3, 1 A% Ed Huegel It's a, just was faxed to Inc. and I didn't have time this afternoon to go ahead and make copies, but I think if Leo could send each member a copy of the total ordinance, because it has been changed a couple oftimes. Leo Ochs: I'll do that. Ed Huegel: OK Lco Ochs: I think you will find that its not a substantive change from your original Ordinance, what it is, is Ordinances that talk about the review process for all ofthe Advisory Board's to the County Commission they have sit up a schedule when there is it incremental reporting period where there is staff reports hack to the County Board about each of their Advisory Boards, but I will get.. Ed Huegel: 'There is some wording changes, too, I got it and I started looking at it, and I said I really don't have the time. f'hil Popovici: If you could provide us with a complete amended copy. I think now all of members. Board members, should have it, cause all of our information is now outdated. Dexter Colvin I think what we need to do is make a list, a written list, of that items that YOU just mentioned, so that we know what we are actually talking about. And, kind of review it. Make sure that we have everything on that included and as the Board members come on it should just become part of the procedure. Ed Huegel. Well, that what's we have asked for, and that's what Leo's, that is why you grit some of those things Leo Ochs: When Ms, Berry, replaced the stenography of the tape, could you pull out that portion and review the necessary items that we discussed and /or at your discretion other items that you feel as deemed necessary . Leo Ochs. Certainly Phil popovici: So we cart, so we have all the tubes. Anyone second that. Jerry Marinaro: I'll second that. Ed Huegel: Any discussion on it.) Mr. Xigogianis Yell, when a fire call comes in, from Fiddlers Creek, does everybody respond, East Naples and Isles of Capri? Or does somebody run with a map and say, oh that is not in our district 16 16Gl?�, Ed Huegel: Chief' Shank is here, and I think after while I think we are going to have a question about that, if you want to bring that up then. Mr. Xigogianis: OK, Ed Huegel: So that we could Put that..... Phil Popovici- It is my understanding thought Chris, that fire control districts, have an unsaid, unwritten brotherhood rule amongst firemen, like police officer's and other professional organizations, that they will lend support where humanly possible, and they realize that they could be in some burning building somewhere and they have to rely on their condor shipmate or whatever you call it here in the fire department. Mr. Xigogianis: One reason I ask is I am more interested in getting money for Isles fire Department and also who would man the station. OK Jerry Marinaro I have a questions about volunteers'? Is there an age limit on volunteers? Chief Rodriguez: Eighteen years of age, to be actual firefighter volunteer. Jerry Marinaro. Do you ever do anything Ior kids that are 15 or 16, that want to become firefighter? Chief Rodriguez Tell, we have that now, we have the Explorer. Jerry Marinaro That Eagle or Explorer, that is really what that is" Chief Rodriguez: Right, exactly. Jerry Marinaro What about younger kids. Chief Rodriguez: Well, that is from 10 all the way up to 18 And, we also work with the high school, %~here high school students can come in here. We have two high school students nrnv, and we had three in the Past. Where they, Willey, Put in some volunteer time here they receive credits for theni to graduate. So. this is actually used... Jerry Marinaro This is the time to grab somehody Chief Rodriguez: Exactly, this is, they actually use this to actually get out of school early, and they can receive credit. Phil Popovici Have you gone onto the Budget Report Chief Chief Rodriguez: Right now. As of November 30 "', we spent $18, 262.60. 17 1bGI Phil Popovici: I would just like to make a comment. Chief Rodriguez: OK Phil Popovici: if we are going to take a look at the progression of (inaudible). Roughly, S 18,000, about $39,000 Give or take around $20,000. We have spent. If we have a September Fiscal Year, that we utilize, you are looking at roughly from December 31 to September. another 9 months, and if we continue spending $20,000 a month, that would be about S 180,000, Chief Rodriguez: Well, your looking at. Phil Popovici: There are certain expenditures that come in at different times. Chief Rodriguez: Well, you are looking also at where they will hold on, like when we budget for insurance, the building insurance, or the vehicle insurance, sometimes it takes them several months to deduct that from the budget and they will do it all at once and that is where that big expenditure will come into place. Phil Popovici Right, that is what I was trying to get to earlier. Chief Rodriguez: Right. Phil Popovici: That we should have a nice tracking system. So that we can see, that we can never sustain this much of a monthly outlay. Chief Rodriguez: Right. Phil Popovici: It could riot happen. So there are some sequence of events there causing greater outlay one month to the next. Chief Rodriguez: Right. Phil Popovici: I just wanted to, I know, I just wanted to bring it to the Boards attention. Chief Rodriguez: And that's for January 8" Chiers•Report. Phil Popovici: I make a motion that we accept the Chief's Report. Aye, Jerry Marinaro Second it. Ed Huegel: Any more discussion. Ix 16r;.1tot Ed Huegel. May I have a vote on it'' Aye, from the Board Ed I luegel. Motion carried. Ed Huegel: Let's talk about the minutes Phil Popovici: I guess we want to ratify the old minutes, so we can move forward. I have some questions on the minutes, ►nyself To many people talking at one time Phil Popovici' Did you receive this ycstcrclay'i This package" It should have been given to us it week bcfore, Chief Rodriguez You got the agenda yesterday? Phil Popov Ici The agenda hits a One page Ed 1-lttegel No. f got, there was another minutes on the cishteenth of the month. Phil Popovici OK, hopefully did we all have an opportunity to read it" Granted it is enconipassinu and yes, it took some time. but I wanted to discuss some things here. Dexter Colvin (inaudible) Are we talking January ?U "' meeting" Phil Popovici January R "' Dexter Colvin 0K, thank 1'ou Phil Popovici. January 3 "', rneeting. It is quite encompassing, especially since tits Berry (Brown) is an excellent stenographer. f-ven I must admit there are some inaudible times here, and I know that the minutes are probably as close to exact as possible, hilt there some inconsistencies in here with regard to (inaudible) to where she picks it tip, with that mind I think its pretty close to gospel. But I have a couple ofqucstions on this that I want to discuss First, I wanted to stet hack with you all and ask ifyou had gotten, in here it states something about that you would get with the County and discuss about Ms. Pschigoda's position as of Secretary, and you getting correspondence with, I will find it, circled it here. Did YOU have correspondence with anyone in Collier County, with regard to that" Ed Fluegel 1 spoke with Leo. I believe, and we haven't really settled anything, and I think it should he Leo, while he's here, to get it on the minutes that we have hire 1 V i6l.;1 4a Phil Popovici I did speak with Ed regarding that topic, and related to him the direction that I had received from County Administrator Mr. Fernandez, and just re- interate his direction and desire to have a full time county employee responsible for taking the minutes because he felt that it was, obviously, his responsibility as the employee, contract employee, of the Board of County Commissioners to make sure that we are abiding by all of the Sunshine Law and Public Records Laws of the State of Florida, and that to insure that to his satist'action he wanted to have one of his full time employees responsible for taking those minutes Phil Popovici. Is that being done at other Fire Control Districts? Leo Ochs I believe, Phil Popovici I guess its Ochopee Leo Ochs I believe the full tulle paid secretary County paid, employee, Phil Popovici Ms, Berry 1-co Ochs No. not Barbara Brown It would be Linda Swisher, who is our full time paid secretary at )chopee fire Control District takes those minutes. Ms. Brown, does takr, the minutes for the EMS Advisory Board, and I think you will find that pretty consistent throu-hout the County, that the full time stafTtakes the minutes for the Advisory Board's. Phil Popovici I just want to re- interate a little bit On what you just said. You said based on consistency. based on some of the consistencies, of staying with them Florida Sunshine Law, and there are no violations. Is there any information that you have with regard to that there have been intactions in these areas and who has come to that conclusion. Leo Ochs I think when we had this discussion with the County Administrator probably si.N �%eeks ago or so, and, he is new here in the County as you know, and he wanted to apparently just to establish his own directive in that regard. and when we had that discussiOn he was fairly clear to me about what he wanted to do and I've had discussions With him since then, since Ed and I talked just to make sure I wasn't misunderstanding his intentions. and I don't believe I was, so Phil Popovici And, I must admit. I think having minutes professionally (lone are probably even closest to, closest to what we will ever get to something.; as comprehensive as this Ed I hiegel Vy only question. Leo is this young lady was here with this fire board before I started here. I have been here goinu on five years She (lid quite it good job and I think the way it was handled, it wasn't done vcr }• well, and 1 still would like to know why we can't have Pat Pschigoda as Our secretary, and I would like to get some kind of correspondence that would state yOU know, is there? 21) Leo Ochs: Sure, and I will be happy to do that. Again, that I think for the record, let me just again re- interate it has nothing to do with Ms. Pschigoda's service in the past or type or quality of the minutes, I think it was just a decision by a new Administrator in terms of what his comfort level is and how he wants minutes taken for his Advisory Boards. It has nothing to do, to the best of my knowledge with the quality of the work, or anything related to that. Ed I-luegel: We really haven't gotten any bigger We are still the Isles of Capri, there are a few more houses, but it seemed to work before. And somebody quoted the thing, if it ain't broke don't fix it And when it goes to some things, it seems to be all right and other things it doesn't seem to be proper. So, if you could get something for tile, you know I would appreciate it. Leo Ochs OK .\1r Xigogianis Are we still on the minutes" Ed I Iuegel Yes, we are still on the minutes. Do you have a question'' Go ahead Mr. Xigogianis: I ask at that Board Meeting, What the C'hief's hours were? And they said eight to eight even- other day Chief Rodriguez. Correct. Mr. Xigogianis Are you working today's Chief Rodriguez. No, I and not. I am ofl'tudav Phil PopoVici. You should, it's his birthday You Should work today. Mr Xigogianis: Well. I wished him I lappy Birthdav No, I'm not trying to be belligerent or anything. I'nl Just curiOUS. Are 1'oU available on Four- clays of)" C'hiel'Rodriguez 95%of"thctime Mr, Xigogianis Are you accnuntahle tier your time or your Mierc abouts when vour oil duty? , Chief RodrIgUcz. Am I accountahle:' No, not at all Phil Popovici: I think, Chief, you can interject, recently you guys have your all (inaudible) is to actually fir physical reasons and also for respirator\,, correct? If your fighting a certain type of fire and you get all heat up and your also taking in hazardous flinles. I was told it had something to do with hazardous fume inhalation, that you can actually build up toxic levels in your hodv, I think. You tell me no►v, that's illy understanding of'whv it's orre 21 16GI`4 on two off or what ever it is. Because it would be putting you in a position that would be affecting your health and safety. Mr. Xigogianis: I have no qualms with the schedule. I was just curious as to how it worked Inaudible to many talking at one tinge. Jerry Marinaro: You wear a beeper? Chief Rodriguez. Yes Jerry Marinaro: So really, you Phil Popovici It is his time. Jerry %larinaro: No, I'm not saying... Chief Rodriguez: I carry two pagers, I carry a regular pager, and I carry a fire pager, seven days it week, twenty -four hours a day. So. To many people talking at one time. Phil Popovici: On page 30, we are also talking about receiving the schedule of the volunteers and how you are scheduling them in, that was part of a discussion that brought up and is that something that we can have in the future? I mean you had mentioned something about that earlier. Chief Rodriguez: I am working on a schedule now with the volunteers that are actually putting in the twenty -four hour shifts, but I don't want to make up a schedule just to say f have it schedule. I want to make sure that I have these personnel committed before I present a schedule and say these are the personnel that are going to be committed to these shift days. Phil Popovici Or not even, or maybe in the inception of this, just to show how you schedule them and then we call look at forecasting, later. Because I think its wonderlill. Ed I fuegel: Just a question. Leo, now, where is Barbara tonight? Are we doing it by the tape? Leo Ochs She wasn't able to make it tonight, so she said if we would take the tape she would transcribe it offthe tape and get it prepared for you. Ed I-iuegel I did ask Jeffery if he would give me a copy of the last month's tape, because obviously this one is not working properly. We have this one working now, but he did say 22 16GI he would have one here at this meting fir us so we do have a copy of it. Does that become official that tape? Phil Popovici: It public. Ed Huegel: It's public, can we get a copy? So that Leo Ochs You want a copy of this'? Or last months" Ed Fiuegcl Last months. Cause we didn't have a copy of it. Leo. Leo Ochs: Sure Phil Popovici: The last thing I want to bring up, is something you talked about Ed. Basically, 1 don't know if this is something that the Board is interested in. You had mentioned here that you wanted a list of people who are uoing to the calls Is that something. Ed Huegel That was somethin�(i I ask Rod hefore. I low many people show on the list of the people who have shown. Chief' Rodriguez: And I did submit a copy of the entire log Im 1907 to you, and who responded to each call, I made a copy of the actual log. Phil Popovici I figured if there is any other Board men►hers that want to see what is Suing on they can just go to the Chid and get one These are a couple of' issues that were there that I just wanted to discuss just to see if there acre questions. And, then I guess we go to January 20 "', Special Meeting. We found out this week that their re- structuring the volunteers and there are individuals %%hose Signatory's oil that, we also mentioned about the forecast, and forecasting events to occur Either dock, substantial budgetary issues. Or substantial events, which probably would have been nice to know. For instance, we anticipate having to take the kids out on the boat or some things that you know are substantial that could he past on to the Board. Ed Ifuegel: I think it's a great idea, hilt I think you should cover yourself; or who ever is nrnning, that program, to make sure that they are not stepping out on a limb. Chief Rodriguez: Right, I did that. Ed Hue ,cl: Just as long as you have. Phil Popovici Also, in the minutes it talks about discussion about designating Mr. Woolsey as a special advisory to the Beard. 21 Ed f Iueuel We had discussed that and what I would like to do, while this is going on, for our meeting; to do with this East Naples situation and some of the business, Skip is here, and has been here for about seven years. I would just like for Skip to be a part of it, like Leo is 'fo answer a question, no raise in pay. Just to have him for an advisory to the 13onrd, Phil Popovici: Is there any indication that it can or can not be done. Ed I Iuc ,eL Is there a problem with that, Leo. Leo Ochs. i would like to run it up the flag pole with the County Attorney's Office, have them look at the Advisory Board Ordinances, if i might, just to make sure. So that you don't do something and I have to run hack here next month and say I'm sorry but I, you have to do this, this, and this to make that happen. Ed Huegel: You know we ;ire just asking hire to, you know, we have restricted the audience until we get to open discussion. If we had a question for Skip and he was here, so fie could answer those questions, without somebody getting upset that we are doing something not according to Robert's Rules, is it. Phil Popovici You know, the only thing I can say, is 1 sit on a number of boards, and I know that many times the immediate past president, or chairman, or however you name and individual still retains on the board a voice, for a year afier in a special advisory capacity Ed Huegel Not to vote. Phil Popovici Right So, I don't know, is that what you were getting to? I:d f luegel That is what I'ni getting to, if we can do that Phil Popovici. I think Ed FIueUel I think I called and ask 'ihout that, Leo Ahnut it month or so ago, or more If you Would, ust, you know we can't do it at this meeting, but I would like an answer Phil Popovici Yes, but I could see some real mutual benefits, when you have someone that has been on the board this long that knows a lot ofthe in's and out's of the issues They could probably utilize experience, just to provide its with an observation, if you will Leo Ochs: I don't see anything wrong with that. Ed I luegel. i IC was here when the building was built. There are lots of things he could help us with 24 I 1�-G1.'011 Phil Popovici: So would you like to find out for us? Leo Ochs: Sure. Phil I'ol)ovici Any discussion oil this folks? Do you think that would be beneficial to the board. Dexter Colvin: Most definitely Phil Popovici: There was something mentioned about in house training. Six months worth. Dave had mentioned something about that. We asked him, talking about volunteers, we were talking about, why does a volunteer become initiated or ready to jump into the truck during the (inaudible). There is evidently some steps. Six months. Chief Rodriguez: Six months is the average, where we feel comflortable enough that the volunteer, it gives them enough time to get the small courses that they need such as EVOC, in order for them to drive. It gives them enough time to be orientated with the station. and the equipment, and the type of training that we do. Phil Popovici Is it all done here, this training? Chief Rodriguez: Yes, EVOC tllev have to obtain in the local area, such as Vo -tech, or in the Sarasota, it is a two day Course. Phil Popovici: Do we have to compensate these people tier this' Chief Rodriguez: No. Phil Popovici Is it a free bee? Chief Rodriguez No, it cost money. From the floor 'Twenty -five dollars. Phil Popovici Twenty -five dollars. So you guys do this out ofthe kindness ofyour heart. I appreciate that. Thank you. Ed I luegel: You know, you ask the question, Phil And I have made this up, for the board. These are the latest. When Chris Middlebrook was Chief' it was set up Rules and Re`QUIM1011S of Isles of Capri Fire District That was in, I believe, 1913, May 13, 199; That wasn't a Friday, was it? Chief Rodriguez: We have some amended rules in there, also. I don't know if you have the amended one's. 25 1 ' '71 I i Phil Popovici: Could you provide us with those? Any amendments or addendum's? Is this basically it, just a few amendments to it? Chief Rodriguez: There is a few amendments that goes with what you have right now. (inaudible) Together hack in 1993. Ed Hucgel. Almost done with here Phil Popovici That is all 1 have. So I guess somewhere in here, it state's what the criteria is for the volunteers to go through? Ed I luegel Yes, I think it says six months in there, but other fire departments, I believe, have a one year period. Chief Rodriguez: A one year. Phil Popovici. There is no way we can ingest this now. Ed HL euel No it's just for you to look at as a Board member. Not a piece of paper that was given to me a long time ago. Phil Popovici: Thank you, that's all I had in terms of reviewing those minutes. Now I will make a motion that we accept the minutes for the January 8'►' and 20" as presently. Ed Huei;el Do 1 have a second? Mr. XWoi,,ianis. I will second. Ed HUCLCI: Do I have anymore discussion? Or does anybody else have anything? Do we have a vote on it The f3oard: Ave Ed Fluegel Any nays. Ed Hues;el Motion carried. I didn't make this agenda up Leo. So I don't understand what is meant by EMS Communications. What is the purpose of that on the agenda. Lco Ochs I have no ideal Chief Rodriguez: I ask that same question when I received a copy of what I was to put on the agenda. Apparently it was miscommunication when they got it off the tape. So, Ed Huegel: Scratch it? 26 7 �. fN I "` .1 Chief Rodrli:uCZ Right. Yes, cause I ask about that w'ho was actually going to be speaking on that behalf. Ed Huegel: We have another one, the next one is: Preview of What is Happening, Forecast AfThirs R Events. Is this.... Phil Popovici That is the one we were just diSCUSSirlg Ed Huegel You requested that, Phil Popovici I was here. Jerry Marinaro: And, that was just in your and I talked to you about it. So we would get an idea in your report of'what is going on for the next month. What is happening at the stations, what events are going on. C'hiei' Rodriguez Can you give me an, as tar as what type of activities'' JerR• Niarinaro Activities, parties. everything. Ed f fucgcl Anything, that is going on that would he interesting. Jerry `1arinaro: So we will know, if someone would say what's happening at the fire department today. My answer is usually, I don't know Phil Popovici Do VOLI have anything scheduled for the up coming month? That is... Chiet' Rodriguez: Starting FebruaR' 15"'. 1 believe, or February 12 "'. We are going to be conducting forestry classes here for all the volunteer firefi_,hters here to get them certified in Lighting brush fires, the basic certification. There are three certifications, and I have gotten with the Division of Forestry and they will be holding classes here tier the next month and a halt' Ed IIucgel. I think it will be better in writing through, we will discuss this at the next meeting and put on the agenda and have it so we will discuss that Phil Popovici: Well it is going to be, you don't understand The month will have been ended. He is telling us now, what is going to be happening %tayhe at the end ofthis month, you will give us a verbal report nosy, but %%11,11 you Iorccast Im the next suhsequent month. Ifyou have anvthinu Chief RodriLUICZ: Right, A lot oftimes at the last minute. usually like lhat same day But I will put eyeRfthing that I can come up with Phil Popovici This bmrsh fire certification, that can help us on District ". I, can it not >- Chief Rodriguez: Yes, and we will also be certifying in the Basic Incident Command structure, and they will be certified in the Various Hand Tools and Florida Fire Behavior, as far as brush fires. So there is actually three classes the Division of Forestry and myself are going to be teaching here. Phil Popovici: Do you anticipate any large capital outlay out of the budget, that you know about. Chief Rodriguez: No, it's free of charge, through the Division of Forestry. Phil Popovici: No, a separate question is being asked. Do you anticipate in the up coming month that you know ahead of time, that you know of a large monetary expenditure that we have to meet next month? Chief Rodriguez: We are going to making a final payment of the East Naples truck that we purchased. That is $13,000 and that is our final payment this year and that will be corning out this month. By the end of this month they should receive their last payment on the fire engine Phil Popovici An they have received the $8,000 on the Chief Rodriguez: Yes, they have been paid for the pump repairs Phil Popovici It's paid in full at the end of this S 13.000 Chief' Rodriguez: Correct. That will he ours. Phil Popovici: Great. Ed Hucgel: Have you got a schedule of what you want to do, as far a maintaining the boat? Maintaining the pump? Because we had a problem with the pump on the new truck that we got, and I understand it was because the maintenance wasn't taken care of, and that's why it broke. Chief Rodriguez: Well, I'm not aware of that. Ed Huegel: Well, the out drive. Chief Rodriguez: Well, the pump repairs are done through East Naples, they are the ones that do all of our work. Ed Huegel: That isn't what I ask though Rod. You know, it maintenance in the house, do you clean the strainers, and all the rest of it, because from what I understand in the meeting we went to, the reason why the pump was broke. We had it seven months 29 End of Tape 91 Tape l#2 Side #I Ed Huegel: The maintenance on the heat. Because we had two out drives go and it was the same thing that happen each time and I understand that William's Capri have said that they would maintain that for you if you just have somebody bring the boat over and look at it and keep the oil level to what it's suppose to be. 'chat is supposed to be done every 40 to 100 hours. There are certain things you have to do to keep a boat, especially when you are using it the way you are. You know for coverage, you need to have it so it's right. i would like to have a meeting to get a little plan as to how you are going to maintain it or a deal with William's Capri. Chief Rodriguez: The out drives were not caused by operator error, and I have that in writing from William's Capri. I would like to mention that for the record. That was nothing to do with anvthing that any of,the volunteers or anything that any of the employees did to the out drive. \ow as tar as the maintenance goes we do have a pretty good maintenance with William's Capri, because the boat is stationed right there at William's Capri they also keep a pretty good eye on that boat '['here are only certain things that we can do, such as check the fuel and oil. Anything other (fiat that needs to be done by it proper certified mechanic to avoid any damage to any ofthe equipment. Ed Huegel. I just don't want to scc the out drive go again, nn the boat fix a third time because it doesn't have oil in there to maintain the out drive 1rom breaking. Chief* Rodriguez: That is not our fault. That was a faulty piece of' equipment Ed I- fuegel Twice Chief Rodn'U'Llez. Twice, yes. it was it rebuilt piece of'equipntent Ed I Iucgel: OK. I'll tell you what, I would just like to have a schedule that you will maintain the boat to a certain level because I have learned a lot. Jerry Marinaro Is there an item in the budget to maintain the boat" Chief Rodriguez: Yes, there is a line item. Ed Fluegel: I have owned a lot of them and you have to maintain them. They are an expensive piece of equipment to take care (if. Phil Popovici. Rod. would you be able to get with some ofthe mechanic's at William'• Capri and ask them what day would he appropriate tier a normal maintenance. 1 4) 16GIell Chief Rodriguez- We have done that. Yes Phil Popovici And then possibly put that in as a house rule or something. C'hiet' Rodriguez: Well, if you look at our log, we have a specific check list for every piece of equipment here that the fire fighters have to check when they come in, in the morning. Specific items that have to be checked. Phil Popovici Your not checking lower units fluid in an outboard. I mean that's done so many hours or I mean a strainer or whatever, I don't even know if that is correct, but you know what I'm saying, you must have somewhere somehow a maintenance log. I know when I was in the Coast Guard every so many hours we had to do the same thing, check tills and check the torque and all that good stuff' I'm certain that you are following some sort ofa Schedule Ed I fuegCI Some sort of a schedule. Your doing that. Chief' Rodriguez- Right, Ed I tuegcl. Can I move on? Phil Popovici Yes, I hope so. Ed I {UCLCI Impact Fees. I Suess E,eo would he the one to be able to help us with that, I haven't talked to Heidi lately. Chief' Rodriguez: I gave you, you should all have a copy of a letter that Heidi sent to Diane Flagg, in reference to the Impact Fees, and what they are doing, as far as moving ahead with it They want to expedite it. I just received that February 3 "' Ed I-luegcl- OK, the audience I am sure would like to know what's happening with that Mayhe Leo could move on this, Leo Ochs Ye:. I could be happy too. The Impact Fee Ordinance, the final draft of the Impact Fee Ordinance is being finished now by our County Attorney. There is a public advertising requirement, l believe it is twenty -one days, and then it can go on the Board of County Commission Agenda for approval so, 1 would suspect by the end of'March, at the latest, we should have that signed and scaled and ready. Ed I luegel 'fhe last time I talked to I leidi we were talking about the first of March, then I talked to f -teidi and she said the 15 "' would he the day we would definitely have it. Leo Ochs: Well, whenever they give me a dead line I add two weeks automatically I:d I Iucgcl: So. your telling me April I", we will have and Impact Fee') 10 Phil Popovici- Your anticipate that we should put this to hed in March. Leo Ochs- Yes sir Phil Popovi& Good. Ed Huegel. Let's stove on. Old E3usiness. Does anybody have any old business? No Old Business') Mr Xigogianis Well, I don't know when I briny; this Phil Popovici. You might as well go under old husiness Mr. Xigogianis I know we are going to have some discussion later on, and il'the audience will hear with me for it couple of'tninutcs. it will only take me it couple of' minutes I Would like to state what I have done here, or + +hat my position is as cominu on the hoard I have lived here for, I built a house here tv cnty -five years ago, I have lived here t++enty -two years permanently. There is not nurch new or different around here, except there are more homes and it lot of'kids Chris Middlebrook started the volunteer fire department if I remember correctly. Chris Middlebrook I didn't start it, but I joined in the very heginning. Mr Xigogianis OK, it worked lime, to the hest ol'mv memory and correct me Chris, no house burnt down, no one died because the took an altt1tulanCC 10 to 12 minutes instead of S or 6. Then someone said we needed paid firemen. 'Then someone said we need EMS. It looks to me like the way we are going, some people want it lire engine and an ambulance on every block An maybe some want an ambulance in their driveway To me this is ridiculous, but art }+ +'ay. it's up to the public to speak So I ant wondering where does it all end This continually need for this and need fir that and it would he interesting latter to hear front the public Then I wanted to ask does the Collier ('ortttttission have control over the North Naples or East Naples Fire Department" Leo Ochs No. Mr. Xigogianis Why can't Capri elect its own Fire Board Ed Huegel You would have to go to an Independent, you have to become. %%e're it dependent fire department, Chris, and the ('aunty Phil Popovici Correct. =I Mr. Xigogianis: What does dependent mean? Leo Ochs. Dependent means that you are under the jurisdiction of the Board of County Commissioners Mir Xigogianis: We don't want to he under them. Leo Ochs: Well then, there is a mechanism to become independent. Mr Xigogianis Well, that's what I'm asking, so don't tell me we are dependent Ed Huegel Well, I'll tell you what. Leo Ochs I didn't say you couldn't I said what you are right now Mr Xigogianis. Inaudible someone telling me we are dependent Ed Huegel Yes we are. Here is a letter from Ochopee, and I have got some for the audience that they have the same similar situation we have, from a Captain Tony Block, er, Brock. I'm going to briefly just say what he had to say. That they are having problems ith things, they want to go independent. They have asked Representative Saunders to put in on the agenda. It takes about a year to do it, and you have to have a referendum, the Stag has, don't you have to have a referendum? Leo Ochs I helieve that you do. Yes Ed Huegel. You have to have a referendum, everybody in the comnuumity has to say "yes, we want to be independent ". Which is not a bad idea. But then, you have to look at we're covered by the County right now, I'm not knocking you down, but we are covered by the County for legal advice, we are covered by the County fir Insurance. But if we moved in a direction with East Naples we also would be covered are payrolls would he covered. But, I an' going to pass these around. I have about a dozen copies of this, if' anybody wants to sec it. Jerry Marinaro. Could I have some ofthose, I haven't seen it Ed I iuegel: 10111y got this the other day, so.. NIr. Xigogianis The only reason I asked, is maybe the people in this crowd don't want Chris X on this fire board. They may want to elect their own representative. The way understand it, I got on this board, not because the County Commission wanted me, it was because this whole fire hoard wanted me. Is that correct? I_eo Ochs I believe you were appointed by the Board of County Commissioners. 32 1. � , -1 A % I:d I fucgel We nominated.. but the County Commissioners. Mr. XigogianK So really when I submitted, I thought the County was going screen rile and maybe six other people that applied and pick who they thought through their resume who would hest serve this Island Leo Ochs. That is typical what they do. Mr. Xigogianis. It is not, because these fellows recommended me. Phil Popovici. Well, I can answer that question. The mechanism that they have now is that all applicants are submitted to the County. The County then give all the applicants back to the Fire Board, the Fire Board them reviews all the applicants, and makes recommendations. It is Collier County who makes the final say. Usually what we will look for is hIISInesS experience, inaudible, concern in the Island, and things like that. Mr. \igogianis OK, well that covers that. Maybe some day we can discuss it further Leo Ochs \Fell, actually on the seventeenth of February, the Board of County Commissioners is going to have that very discussion, ahout what they want their continuing role to he in fire service with respect to the dependent districts, that they have jurisdiction over right now. Phil Popovici When is that, again" Leo Ochs The seventeenth of February. Ed I luegcl They are going to diSCUss independent and dependent and other things to do with . L_co Ochs They are going to discuss their continuing role in fire service with respect to the dependent districts that they have jurisdiction over Phil I'opovici So that may mean that there could he current change in their position with dependent fire control district'? Thev could (10 nothinu Imerestinu Nir. Xigouianis My other question is, do we have anv control over this fire department as a Board" Ed f fuegel We can only make recommendations, Chris. and then when you do the County Mr. Muogiani< So the answer is we have no control over the Fire Department, Ed Iiuegel The only control we have is the budget. ■ I Ar1141 %1r Xigogianis: Weil we don't see a budget. Ed I luegel. Two years ago that stopped. Leo Ochs I don't think that's true, I think you do see a budget, every year. In fact you %\ere readin►; from your own minutes in titay about when the Advisory Board was reviewing the budget `tr. Xigogianis: I ask before and you told me the Board makes the budget, now you tell Inc the Board don't Leo Ochs. The Berard adopts the budget. Ed I- fuegel: No. this Board makes the budget. In the County Ordinance, it calls for the Advisory Board to come up with a budget, worked out with the Chief. and then submit that to the it used to he the County Commission. Now it's your offices, ctc. so it's just that's the way it goes. That is the only thing, we can advise the County Commission. But we don't have . Mr Xigogianis. So it' I see some waste going on here. I can't say nothing to the Chief'. have to go to the County Commission and make a recommendation to the County Commission and say they are burning some electricity that they don't need to burn. Jerr1, %larinarl And they will say that they have to go to EMS and then.. Mr Xigogianis It's a big rigor more row, but I understand it Leo Ochs No, it's not bureaucratic, what its designed to do is to keep the Fire Advisory Board, for example, front making hiring and firing decisions for example or writing checks Ed I luegel We used to write checks when Chris was the Chief here. It was done through thi.: Advisory Berard and Chris 1\0iddlebrook. And that changed drastically, I think, in N'04. if' I renlcnlher That checkbook was no longer here, not even the fund for the volunteers to have a little party money that was available prior to that Mr XWogiani> %Veil, that's OK. I'm through with my Cornnlents. Phil I'opovici I would just like to filllotti up on that. Chris, can you recall were there any Slgnlflcillt Nlduetall' issues back then when you guys were writing checks, can you remenlher" Chris Middlebrook: \Veil. we had a personal volunteer checking account that was our own to use, and then there was the County Funds that we used tier purchasing the 14 equipment and those were actually inaudible got worse as the time were on. The County made county wide changes which were committed upon its so we normally would use a PO a purchase order. I would sign it and send it to the department, I think it was under Neil Dorrill at that time. He would initial it and sign oll'on it. Phil Popovici There always seemed to he the necessary funds there liar ongoing operations'' InauChhle Chris Middlebrook When we came dawn towards the end ofthe year where we weren't really that involved in our budget We were told this is what it was it was prepared by the I'uhlic SAO'/ Dupartrment and then we would be told in maybe August that we would have to not spend anymore money or hold thint_s ofl'until the next budget, because we ran out of monev. Phil Popovici So I mead, historicall\, it seems like there have heen issues that come up Thanks. Chris Ind HuesIel Anything else under Old BLISinesO Let's go on to New Business. Phil Popovici You want to go up to the dock thing? Ed I tucuel Let's go on to under Ncw BusineSS and then do the two things that are in line the %gay they are Phil, ifyou don't mind I would like to hring something up under New BusinCSS That is Chris Middlebrook and I spoke, and Chris had suggested possibly call Marco ISland. ;rod putting to-cther a package mavhc mili Marco as Car as them doing the coverage tier us and I called a Mr. McC'ool, who is there Leo Ochs Interim City Manager. Ed Hucgcl Yes. Interim City Manager and asked them it'thev would entertain anything or xvhatever I le said write tile it letter Well. I'm not going to write a letter unless the Board approk es it. So, I haven't done anything on that as far as that goes. He did say it might he COLIr months or more bel(1rC they would even he ahle to make a decision. But, as a personnel thine I look at it and say. they have major things that the\, have to resolve now on Marco hefirre, I think, before they would even entertain the step -child that we have been to them as long; as I can remember. And, I just don't know it" I'll entertain a motion if you want to send it letter to them, but I would Suggest r►ly point would he that if we are going to proceed we have asked East Naples to do it. They have done three times, I think after while you are going to shoot them down, and they are not going to come back, and then we will be sitting: in a situation where we ask for something to he done, the County Commission mureed to it, and that's what we proceeded to do with Gut Naples. So, m Personal opini.rn. as a personal opinion. right now I don't think its time to ask them. If they Settle all of'their problems and we do go as a fire department without outside paid 1hG111 help, which would be they are professional too. There is nothing wrong with them being professional firefighters. But, I would say, if they settle their problems, right now they are talking about the firemen being out of the fire house, the union is talking about this and that and the other thing. So I would personally just suggest it they want to do it next year might be the time for that to go (inaudible). We have been waiting for more than two years, all of this business has been going on. To do something about this, and now I don't see the sense in waiting another one hundred twenty days, because if we had a fire and sornebodv were killed or hurt, this whole Board would be in shock. And, I don't want to go into shock. So, I feel as if what we have gone into is something that ought to be ratified by the board, but that is something, that is the next situation. f'hil Popovici: I would like to open it up to discussion, where we just talk about it. I recall that we had had conversation awhile back with Marco Island and they had first of all no interest in it, second of all I concur with you that Marco Island has got problems in itself' just in its infancy as a new city. I mean for Isles of Capri to even entertain that Marco Island would provide Contract for Labor Hire Service, or whatever it may be, I think we're headed in the wrong direction. Clearly we have even seen in the paper where they have cut ofTtheir fire control district by Goodland. Taking a portion of Goodland, and then not a portion, and then I think it was the owner of the Calusa Yacht Club or whatever it was, there were problems, 1 think they have enough problems. Ed HUCUCI They have agreed to take over Goodland. They are servicing Goodland under an old contract that they have. They are doing that, but this is a new situation being brought up. Phil Popovici: I think there are more problems there, and let's face it, they arc not going to knew what is going on organization wise for a long time. And for us to have gone to them in the past and ask for assistance, they were not interested in providing that, and I know based on the conversations that I know of when I came on the board, that East Naples had otlered. I mean, let's face it, Marco Island is a little bit funny on their boundaries. For them to go offtheir little island to include us. That would be a shock for me. Ed Iluegel Nell, we spoke to the (inaudible) before you got on the board, and Skip was on the board. I don't know if there is anybody else, there is no one else in the room, but we spoke to them when we got to the point ofneeding coverage, because we had no volunteers We had so many problems that we decided we would go to East Naples and get it program worked out. Well. Marco told us absolutely not. They didn't want any part ot'it. No« you have a new regime. I've gone to them just before this and ask Dave Laird would he consider coming over here. And, I believe, it was tiller you had come on the board. Dave was their Chairman of the Board and David said "no" he wasn't interested at all. Now you have it seven member commission, possibly they might want it. I just think it is a little premature in their infancy to do it. But I will entertain a motion if anybody want to. 16 Mr. Xigogianis: 1 make a motion we move on. Phil Popovici: I will second that one, Ed Huegel: OK, the next thing is the update on the East Naples proposal. I would like to invite Chief Schank now to be a part of it, if we could, and them let the audience get in at the very end, after we talk we about the dock. If that's not out of line. Phil Popovici: Well, yes, I'm sorry. Ed Huegel. You want to do the dock first? Phil Popovici: No, I missed something on new business, before we jumped into this. Ed Huegel I'm sorry, go ahead. Phil Popovici: As a matter of fact, one individual from the community came to see me in my office and provided a his interpretation of our problem here on Isles of Capri and what his remedy was. As well as, a copy ofthe proposal ofthe East Naples Fire, the formal proposal, for the East Naples Fire Department I think I should make this available to the Board. It was Mr. Alfred Luckenbar that came to see me. I think all of you should get a copy of this, because he presented it to Inc. I think you should see it. Mr. Xigogianis: I have one. Phil Popovici: You've already got one. Dexter Colvin: I believe I do too. Ed Huegel: This one. Phil Popovici: Does everyone have one then'? You have these too? Well I just thought that, I don't know if everyone has had a chance to ingest any of this, but this is weak at best in terns of comprehensiveness, this is not, is cannot be construed as any type of quote I think there are good intentions involved, but if you had a chance to review this. Did you? Has everyone had a chance? Is there any final? Ed Huegel: I have only just seen it now. Why don't yew just give us sustenance of what you. Phil Popovici: You know basically what I mean if we all read this, basically it talks about do nothing. It works tine. Another thing is looking at bringing on additional hiring of three additional people, or better yet Alfred would you like to sav it. 17 16 !_,1 q% Alfred Luckenhar. Because I think it is very clear basically. ARer conversation with the Chief and tile, I spent about the last three months, I was taking intensive study of wlrat I knew you guys have no time to go to the right person's office, the volunteers and to do all of this sttrfl' I have came to the arnclusion specially, the pictures on the wall since the last har- b- clue.. Jerry Marinaro: Hold on one second. Phil Popovici: I just turned this one. Alfred Luckenbar. I would say, extensive research, speaking to volunteers of (inaudible), looking at the situation where is the problem So far, nobody could tell me where is the prohlem in the past Only what I hear today... Inaudible $20,000 in minus. S12,000 in plus. Now, my position is whatever happen last year in 1996, 1 think is not relevant. think we are living today, they were living tomorrow and that is what the (inaudible) said. liv doing nothing, il'it is working, it works today. (Inaudible) "fo many people talking at one time. Alfred Luckenbar twenty -f'aur shifts, or maybe twelve hour shifts for twenty dollars Ed Huegel: Dexter. You haven't seen this? This was proposed to the Board, by our Chief. This is what started the whole thing. Alt'red Luckenbar: (inaudible) which means we could have a (inaudible) of six hundred dollars a month we have three people. In service covering the station twenty -four hours a day That is what is in the proposal. Because in means (inaudible) one person sleeping at the station and with this proposal for an additional six hundred dollars that would be two people alike in the station. What about (inaudible). I would just like it to come out in the conversation I thinks it is something to look into Phil Popovici: I appreciate this and as I said before, I think your intentions are very good. The ability of trying to get some scheduling from the Chief and in sharing that we have an ongoing entity. that is what is in question here. Because, I think, did they hand this our? Ed 1- luegel: I handed this out Phil Popovici. You have to remember finks, what stated all of this with regard to the Isles of'Calm Fire Advisory Board looking for some professional assistance is the poor Chief here couldn't leave the island. We didn't have the volunteer base we have and the poor guy has to have a life besides a professional life And, you know we are looking at how to supplement this See, the only problem I have with volunteers, is the noble and great job you finks do, you are volunteering. And. if things change in your life, you relocate, you get a job somewhere, whatever happens its not the same commitment of having a full time =x paid person. Or having a stafTol'people available to VOLT And, I think your volunteerism is wonderful. Phil Popovici: Excuse tile, the tape needs to he turned over Break in tape. (Nothing recorded) End of Side 91 Tape 42 Large break in 1:►ltc on side 82 tape tt2 Phil Popovici: Anyway just getting hack to this I don't know if'you fiolks have this in front of you now. Does everyone have a copy that would like a copy of this. It is called "Ides of Capri Fire Department Proposal for Coverage and Capri fire Depart ment ". just, hasically, it just came on hoard And this was something that was already occurring, and was brought to my attention and this copy done. I can understand, totally, (inaudible) needed a number of things. At that point. we are faced with the fact that the actual fire chief may he moving of'the Island, and that ice %tiould not have him here The guy couldn't even go out to have a pizza We have some serious issues here, we have a tremendous number 01'volunteers being cycled through Evidentially, we have such ;► good training program, this is a hrceding _round fior paid people to get into other stations 1�'hich is notable in itself So with that in mind this c%as the intpetcls fOr us looking for a long term solution. Arid, what is a long tern solution'' 1'i`_gy- hacking with neighboring fire control district who has paid individuals, who has no problem in scheduling and actually going to a more, quote unquote, professional management. With that in mind, I know we have a lot ot'volunteers here. 1�d Huegel Let me just bring up a couple of things When this was proposed in the original proposal to put Chief-Rodriguez in the poSrtlon 111ti lyils pelt into as Chief' It was suggested he that he didn't change his job and that is "s going to he a volunteer Chiel's position with pa volunteers would get paid, too u1 that some ol'the volunteers would he getting something t��r their time It ended up +here sonlc of them got. you got a little taste of bread, and then the bread was takers away So it ended up where Rod wanted to become the tiIII time Chief, and then when this proposal came, we looked at him possibly moving Of�'tile Isles of'Capri. And that is scan• in itself Then the next thing, was the way the hiring program and that the solution to the problem was to raise the millage. We had just raised the millage from one hall'a mill to a full still We cannot do that. That has to he a referendum type oft to take care of ntillage rate What we need fior the fire department, and we felt as if; at that tune, that we didn't need that The other thing was to re- finance tine station. Well, that is not prudent in nw mind to re- finance the station to pay fior salaries. Sot, we felt as if; that started why we got into the situation that we are in now. E=ntertaining East Naples. Mr. Nigogianis Who prepared this, By IAU 1 'A "t Phil Popovici: The Chief. Chief Rodriguez- This was done over a year ago, and the re- financing of the station, was brought up by this board, This board was the one that advised me that we needed to look into re- financing the station to give us extra revenue in here to have the man power that we needed That was just something. Ed Huegel: I don't remember that, but I'll just say, that this is what happens. This is why we are entertaining this. I didn't want to interrupt you Rod, but I'm sure this was something a year and a half or so ago that came out and that's why we are here discussing this. From the floor: Inaudible. Ed Huegel Do you want to wait until we open the program. So we can finish. Otherwise everybody else will be talking. Ed Huegel. Is there any other questions on this? Phil Popovici I just want to go over the new business, like handing out to the Board members. intormation that I have received. Any information that I have received, any one in the community, especially in written firm, shall to disseminated to everyone. I don't feel that any conversation should be privileged to anyone specific Board member. Mr. Xigogianis: Well, we don't feel like it should be. I have probably had seven phone calls regarding this, and I have had brochures, and I didn't think to copy them, but that is a very elaborate presentation that the Capri residents made. Gee, I would hate to think that I would have to copy all ofthis so everybody could have one. Phil PopovlcV It certainly wasn't made available to all of the Board. I have not received any copies Mr Xigogianis: I don't know ifthe gentlemen was going to copy to all the Board. From the floor: That was mine, and I apologize for my pettiness, inaudible. Inaudible update to the new Board members. Dexter Colvin: I just think, you can't be selective, when. Inaudible. Ed Huegel: We should go on. Is there any other new business. Dexter Colvin I would like to continue on that subject that was just brought up, and I think it's OK for a citizen of this community, to come up to anyone as a member on this 40 I -6 G1 14 Beard. I would hate to think as a citizen that I had to make an appointment with Board member » 1, Beard member 42, etc. So this gentlemen has come to us and he has given us information. That is his avenue to get this information to the Board, which gets it to the County Commissioners, and yes, Phil Popovici: Were you going to share that with all the other Board members. Dexter Colvin: Yes, this would have been shared when it comes to New Business and something to be brought up, at least that is what 1 would have done myself. I'd 1-111e61cl I low Ions has that been in every body's hands. Dexter Colvin. This came into my possession in the last seven days. OK, and it's not something that I can call the Board on and say, this is it. I had to wait until I get into this public forum 1'[111 Popovici Your right. Dexter Colvin: But again, I think it is very important that a member of our community can get a word to any ofus. Inaudible. I do to, I'm not. F,d I luegel Do they have copies fir us, they same copies, thal you have Phil Popovici No, a Board member should he able to get with the Chief and have them provide it fir us. Dexter Colvin It is an overview 01'some ofthe activities that have been going on for the last year. and why again we are to this point. Phil Popovici I think I would love to have a copy of that. Dexter Colvin And I have finished reading mine, and digested it quite well, and I will past that over to you at this point. Phil Popovici No, No, I think you should get a copy. I am going to need time to digest it. Ed Iluegel: It's going to take time. Phil Popovici No. I am in full agreement with you, I am. I think anyone in the community can get up to, whomever you feel comfiortable with on the Board. IPthey want to talk about issues, but I think it's important that they are disseminated to the 41 Board. The Chief needs to know what is going on. So, you know we can all have some understanding of what's going on. Ed Huegel: Anything else under new business? Well, while we are still under New Business, we have the update of Cast Naples, and the dock update. Do you want to do the dock update and then East Naples and then we can go right into the citizens. Well, lets get the dock done. Is there any reason why we were going to talk about the dock? The balance of the account? Phil I'oPovici Yes, the reason I wanted to talk about the dock is because it was part of the minutes The previous minutes when they were talking about. I believe, Diane Flagg brought up the paint that we could not have control of a fund fir the dock. Ed I fuegel: Yes, the Chief could not sign a check. Phil Popovici: OK. We had just put in under the volunteers. Chiel'Rodriguez Well, we still have two separate accounts, we have a clock lurid. Which YOU are aware of'. that you opened up for us. Phil Popovici: How ►nuch is in that right now? Chief' Rodriguez. I believe it is $2,000 approximately in the dock fund. We also, have the volunteer fund, which is a checking account and I helieve we have about a S 1000 left in there Ed HUegel. If you had a little lirnd raiser, the money goes into that for dinners` Chief Rodriguez Correct Eel fiuegel: That's great. Phil Popovici We need donations made to volunteers Good that is all I wanted to know on the dock Ed hfuegel There is 52.000 in the fired, and the dock we figured was going to cost between $15 and $20 grand So we are a little hit short, right now We need to find somebody a little heavy with some bread and we could build the dock. Our next situation is the update on East Naples Proposal, and could we invite Chief'Schank to come up here? Phil Popovici: I think he would probably be the best person to help discuss this. Ed I- fuegel Is Tom Cannon still here, Chief? Chiel'Schank: It is starting to look like an East Naples meetinu. 42 16G1'4 Phil Popovici: Do you want to sit down? C'hief'Schank: Yes. Ed E Iuegel: Yell, come on, we will stand up Inaudible: We have an extra seat here, Ed. Ed Hues;el Would you see if'Tom ('armor, is out there. And, let's give the floor to the Chief: because he is the one who made this proposal, and you know, he can make the paints and then we will have a discussion on, on your proposal. Phil Popovici Ile is corning. Chief' Schank My proposal is pretty much what we looked at when I drew up the informal proposal, inaudible wording. I Iinges, but all in all the same. The proposal highlights four areas. The Manning of the Isles of Capri Department, East Naples Volunteer firefighter Program, Water Rescue Program, Emergency Medical Services Program What we propose to do is to place to full time firefighters, firefighters EMT's, that will staff' the station twenty -four hours a day, seven days a week. This will be accomplished by hiring three firefighters, one firefighter per shift. Fiscal impact is approximately nine -nine thousand ($99,000) Financial source is the Isles of Capri budget. Placing un- certi, State certified firefighter EMT from East Naples on each shift, Station 90 So what I am trying to say here is that with.... Inaudible: Tom: The cost of three firefighters, we look at as costing us around $33,000 a Piece Which is a little bit lower than what it would cost us in our department if we were to put these people on, an where I see some of the savings is in the retirement plan. Right nog'. everybody is in the Florida Retirement Plan, which the employer has to pay of somewhere around 27% of their salary. East Naples opted out of the Florida Retirement I�rn,1) 11 rll f'or all new employees We estimated our percentage to be somewhere around I,n;� no�� fiir rctircrnent. fiat along with some of'tIle other smaller issues such as hunker gear, hunker gear is already here. we wouldn't have to purchase that. Uniforms, that came over a little bit in the budget, $200 and we still don't know whether to use Capri's. Inaudible, or ours, so it's really a minor issue. But, these are some of the areas, that we looked at that we could save some money as far as manually. I would have to hire one additional person to make UP t��r (inaudible), and we did agree to, I agreed to hire on the two people that we have Presently employed at Capri. Those two employees would start out as beginning firefighters, at somewhere along the base salary of $23,000 a piece. Anything my Board, one of Board Commissioners. had concern that these new employees would be put to the same basic standards that is presently required by our department, and I agreed to do that. That means that they will have to meet the physical requirements and background check. 41 16rx+! -1 things ofrhat nature. But the two that Blur here, are state certified firefighters, so I don't have to much concern about the physical agility ofthcnt Thy are we doing this, for Fast Naples we also have interest in the southern end ofthe district The Mainsail Drive, and also all elf 951. We Ice) this would he a henetit to our district to have three people Inert Capri, help with ours, anti in return We would place a person down here. That would help stafl,us both ways. I described earlier in my inlormal that it would put basically four firef isthters on a scene, within a inaudible of equal untie. know for pure I have two Right now at Capri, 1f we have a fire, two certified firefighters, but the tether two not to far hchind That is a benefit to both departments. And that is what I saw, I saw a trade oil'. l3oth can benefit from it The advantage for Capri, is certainly ycnr have two firefighters working twenty -four hours a day, seven days a week. Responding with in the calls in the boundaries of Isles of('apri Some misunderstanding, I'm assuming it was some misunderstanding, I didn't feel there was, but enough people said they didn't quite understand I sat here a month cir so age► It is not the intentions of Fast Naples hire Department every brie my station, which is station 33 on 951, every time that truck uiioves for Isles of Capri to have to move off 1111s Island, Thal is riot the intent and If I ma:fe it sound that wav, I apologize. But what I %vill tell you, that if'wc do have a fire in the southern end ofthe district, Isles of Capri station will he required to move tip to participate in that fire, and vice a versa We have one real common, we are not only crniting with station 2' to Capri, hilt we are also comim, in station ? 1 Which is on the Fast Trail. m Naples Manor, along v:ith the additional help from Marco Ifyour under the Impression every time our alarm goes off; sorttchodv is going to he ofl'this Island, that is not true It is just like arty other system we have in the County. «c do have an automatic aid sit up 1Pr certain areas. where the closest station responds Now in answer to the gcntlenlan . questions earlier About Fiddlers Creek, if Tiddlers ('reek; right now had a fire in the first mile entrance ofthere. What you would get from Fast Naples, even though they are the closest department, is they would respond automatically with one engine, two, sonletinics. three personnel on Isle of('alm So that is coyercd That is an agreement that we fla%e ('aunty wide. to help each other out We do the :ante thine on the other end of our district, with Golden Gate They actually have some property where they are the closest resp0mding unit in our district So it's just a nnutual agrecnlcnt Another thins;, will say. and sometimes the people the County will look at slur millage and people in bast Naples do pay one point five mills People on Marco pay point seven eight Without getting into tile n'at nics ()fit don't look at that wow. there is only one point seven eight Ify()u put one point seven eight on some ofthe property values down here, it's not all that cheap. Our source is Tay Biles. she will tell you that In Fast Naples it is really not a had husk (inaudible) tier the fire protection which you get there. Here it would he an increase ifyuu �ticnt to I.� trill I :lilt not to sure that would he such a big impact on your taxes This Ulan is about no way, meaning it intended Io raise your taxes You ask to proposed "'oliletlllllg This 1> k0hat �%e thought we could tlo It'it is reject we go out with Iifc You still going to have Capri no matter what happens We are gains; to respond dc,wn here it' we are needed 44 16G1'I; The Volunteer Program; I'm impressed to hear the Chief has come out with a revitalized, if you %vill, volunteer program. I can't debate that. I won't intend to debate it. If I could get tell good volunteers, that is what I would like to have. I have even said it publicly. If it doesn't fly here in my own district. I have Board members that would like to see me get a volunteer program going again We at one time in East Naples had a volunteer program. And. what has happen, ifyou look hack in the 80's, we had a few years back in the 80's where the brush fire season was pretty horrendous around here, ifyou lived here at that time. When you see that smoke in the air, and everything is ashes all over Collier County, everybody wants to he a volunteer. Where they want to help out. So when you take these names on, and as soon as a month passed or two months have passed. You couldn't find these people any more. So we were unable to have a volunteer program that was able to stay in tact Before that we did 90, I'll say 00 1/n now, because you have a lot of new People that just say at least half of our department at one time was volunteers, including myself That is how I started out And as our district grew we took those volunteers on and hired them "chat is why we don't have a volunteer program. But, what has happen, and it sounds like Chief Rodriguez is capitalizing on it, is that there is an influx of certified tiretighters, that are coning out of the academy's with no place to go. What he is doing here, is exactly what I was going, and will probably do in my own district, is capitalize on those recruits looking for a place to get some experience. I can't really enough say. I had in my plan to re-organizc and it sounds like he is doing that, and I guess what I'm thing to say, is I won't know, tonight, to be honest if I can do any better than hat Chief' Rodriguez is doing. Cause it is basically my plan to do what he is doing. Boat 00 - It was asked "what qualifications does East Naples have in nrnning water rescue "" Wed. East Naples has 14 State Certified Public Safety Divers. They are well trained in water rescue. They train quite a bit in it. What I see, one of the things, we would have to learn here, if our people cane, is basically the area. That would he minimum, and how I would accomplish that, by keeping Rod and Dave and whoever the third person is down here fir awhile to help train our people in that area. That is the only thine I see in Boat rescue, water rescue, that we would have to improve on in this area. We woUld do that through the help of people here. A scenario, again, trying to clarify some things kVIiat would happen, if we had a stricture fire on Mainsail Drive? If we had a structure fire on Mainsail Drive, Gast Naples would respond and so would the unit from Capri Is there a chance you would have no coverage at that time? Yes, there is a good chance. there is also a chance, some places in my district won't have coverage. But what %%e do. (10 is if we do have a tire, is we will Marco Island to either move up to a mutual zone or come to the station. Right now'. we ask Marco to come to our station. If we have it problem on the other end, we ask North Naples, and Golden Gate. So we do our best. County wide, to make the coverage the hest that we can. But. I can't guarantee every time yOU will have someone here. Which is where the volunteers come in, if they are in Isles of Capri, aril they are going to lie here then, hopefully, there will be some volunteers hack here to rnan the station. I ant being as about as honest as I can be with you on that. Mr. Xigogianis When you mention Marco Shares, whose district is Marco Shores? 43 16G1 "11 Chief Schank: We have approximately one mile at the entrance into Marco Shores. Mr. Nigogianis: To me. that don't make sense. Chict' Schank' That goes back years, long before I was here, when they drew the boundaries Ed Hugel: It's another bureaucracy that worked it out in a diticrent way, and then (inaudible) developed, so when it was developed it was within our boundaries. Now you brought up something that you didn't know, any diflcrence. Question I have is how many men would you have here and how many arc you going to have two men, twenty -four hours a day9 Seven days a week? Three hundred and sixty -five days of the year? Chicf Schank: Right. Ed I luegel. They would he oft day and night? Two Wren'' Chiet' Schank Right. Ed I lucgcl Right now, we have one nian on twelve hours, from eight to eight, and then we have coverage by EMS and not the fire department itself. so that is the one question. Do you have EMS people in your Chief Schank We have E,\1T's, 95% of nn• department, our certified EMT's, and we have a f6v that are Paramedic trained, but not able to practice their skills Jerre %larinaro What exactly is the difference between EMS and an I;NIT's'? Chief' Schank EMS' Phil Popovici No, no EMT. C'hiel' Schank A Paramedic is actually the elite when it cones to it, Ihev arc Advanced Life Support They are the. you know. hottom line. we can do basic life support, which is CPR. ho%Nevcr, now we are aloud to defibrillate The Paramedic's. are truly, the highest grade up in emergency medicine Jerry Marinaro So you count on EMS in your department Chief Schank Absolutely Ed I lucgcl Ind they are in your fire houses YOU have people. Chief Schank We have an ambulance down at station 33 1 Think that's Medic 14, are I6GI4% Ed Huegel: We don't have an ambulance here, as such now, we have to depend on, if there is a call and we treed an ambulance we have a vehicle that can take care of a person in need. But we can't transport them. Is that right? Leo Ochs- That is right. Phil Popovici: There is one on Marco, too, isn't there'? Leo Ochs That's correct. Phil I'opovici: So we are sort of sandwiched between. Ed Huegel: But we don't have a transport as such here. The other question that I have, is the contract is a one year contract. This doesn't read like we had discussed the Possibility of a renewable, automatic renewable. Chief' Schank: What would probably happen, if this is approved, tonight, I would assume the next is to go to the County Attorney and try to turn this into a contract formally. That's what I assume the next step is. Then when you go to the County Commission and approve the concept, and let them. Ed I-lueuel. But as a request, for the people that are paying taxes here, if you had an automatic renewable roughly at this operating cost or a little bit more, or at whatever it ends up. so it is within our budget. Could we have that in the contract? Would you agree to having an automatic renewable one, to go onto the next year, if we so desire, or you so desire'? Phil Popovici: Under budgetary constraints. Chief Schank I don't know if my Commissioner is here, he may be able to answer that Phil Popovici It cost. (Inaudible) Phil 1'opovici: Of course, it would be no more mandatory because if cost escalated for certain things. We would have to insure that we were getting the revenues from Ad valorem monies, keeping pace with our growing fire control district i.e. through Impact Study, Impact Fees, and things along that nature. Ed Huegel: You know, just to have it in discussion though. Chief' Schank: Our contract with District One is renewable every year. There is no Problem with automatic renewable, I'm sure that one could be worded the same. 47 16r Ed I Iuegel OK, this budget that you have put together. This is a functional, functioning budget will work as far as your concerned and do we have the money to pay this. Cause we brought this up at their meeting and a lot of folks weren't there, Leo. So. Chiet' Schank I will tell you this is it very light budget. I don't mean to say there is room, to play with, cause there is not. It is it very light budget. Assuming we don't go crazy on any of these items. I believe there is a S20,000 Reserve, something, like that, il'we had to dip into Leo Ochs. The current budget for the Isles of Capri is appropriated at $163,200. The Operating BudLct Appropriation ofthat, the Operating Budget's portion of that appropriation is about 5141, 100, so the balance is in affect is Reserve funds. Phil Popovici So we have a $ 14 1. 100 I;d I I tie gel We have it S14 1. 100 roughly and the h Lid get that Fast Naples drew tip was S 14 1.300 and like vote said it was additional monies were Im unifiirms, so he doesn't even know- if he needs them at all. Leo Ochs I had had it big conversation, if' I might, Mr. Chairman. Find of Side 42 - Tape #2 Side #1 -TA11E #3 Jerrti- Ntarinaro I really haven't lice" much in touch because we are under investigation for Sunshine Law violation as it is Ed I fueuel \Fell. I went to the meetintt, you couldn't because of the Sunshine. Jerry Marinaro Right, How do you people feel about us coming in and paying a less millage rate fm- the same exact service as what they are setting'' Chicf Schank Our hoard. Jerr,, Marinaro The people Chief Schank The only ones that we contacted, we did bring it before the East Naples Civic :Association Board of Directors and they voted unanimously to go along with it, and that is all I can tell you. We didn't go out and campaign Jerry -tarinaro. Because, like you were asking,, because if we go dependent, then this all started with the C'hief's letter, was trying to keep the milla�.;e rate the saute and when the 49 16GI ' ' dependent and independent came up that was where the numbers of millage rate went out Of sight. Was to turn this department. Ed Huegel: The difference between. Jerre %1arinaro: No, I understand. Ed I-iueucl- I just got another point, through. The difference between theirs and ours. Is we are really utilizing his help with out equipment and our fire station within our budget that he has to pay his fire department, he has to pay for his equipment, he has to pay for the renewal nut of his budget. We arc utilizing ours and they are managing our operation. Jerry Marinaro But if I was and East Naples resident I may be upset that Isles of Capri is paying less millage than I am. Phil Popovici: Right, I understand where Jerry is coming from Jerry Marinaro: Right, for the same exact service Phil Popovici: It's a two edge sword, because if your and East Naples resident and you happen to live in the area of Mainsail, and /or Fiddlers Creek, oh boy, isn't it a benefit that you have two stations in a matter or.. Jerry Marinaro. T hat mile or mile and a half. Phil Popovici Your right, so where it may benefit some of these people and it may not directly impact Chief Schank Some of the ways of looking at it. And these are just, talking from experience, we have mutual aid. It is not uncommon, just in my own department, we had a truck from Corkscrew, a rescue truck sitting; at our department for almost five months, it was an extra, but I didn't see anybody screaming about that because there is, if they need help we give a truck help and vice versa. Automatic aid, if there is afire investigation, we won't hesitate to send our fire inspector's to another district and they may be there for hours. So it, the contract for District One, if'we ever have, and we will again, have a fire season here after El Nino leaves. There is a chance that the monies will run out and we would he paying fir District One out ofare revenues, because we arc in a contract with them so those things can happen. I guess I haven't gone door to door polling.. Jerry 11,1arinaro: No, I not asking, I'M just curious. C'hief'Schank: My selling point, and it is a serious one as tar as I'm concerned, it's a win win for both. This department here I'm even giving one mail to help cover (inaudible) section. d'1 1661.41 Jerry Marinaro- 11 seems to me 111,11 the nlillage rate here is you know the people may not want to hear it, it is bound to go up, sooner or later, no matter what steles we take. If we stay Ifle watt we are, we need more money. If we go dependent, we need a lot more money. I rtaudihlc: Independent. Jerry Marinaro Independent, fill sure after it year or two, if this works out, we will probably, it will probably be the cheapest, the lowest way ofgoing to the one and a half. Phil Popovici The only thing we have to look at folks, is that many of us, I dan't know if we really looked at, is ISO ratings. ISO ratings, basically rates the station for insurance purposes The insurance company's rate your risk level. When I first moved to the Island in 1992. we were an ISO rating of, and that was almost ofl'the chart. I think it goes to 12 or 13, 10 is it As a matter of'lava, I remember getting it hold of Chris after I Cound out when I moved to Isles of Capri, they thought it was part ofMarco Island. They said you have it rating of 5, and this is your insurance premium Well, about three days later they called and said we're very sorry. part of the Isles of'Capri . I said, "I told you that Well, we are very sorry htit we have to double your insurance premium's I said, ..excuse n)c... And they told tile about the ISO rating. Well because ofthe Chief. and Chris workins-, hard on getting these people in, having something to do with how much equipment you had, and the manpower, and training, it's a hIL fo1- 11111fa We were able to stove it dow n front I t) to 6, right Chief• Rodris;tlez flight Phil Popovici Well. if I'm nut mistaken. your 4 Chief Schank 4 Phil Popuvici So, we want to talk about everyone at least having insurance premiums savings. I know I was very happy to hear when you guys moved to h And I had a good insurance company that said. look we Will stand behind you for that first year, because we told you that quote, we are _vor►lg to stay there And then, son of a gun, a year later, you sums are at o. so it wasn't as. it was a little hit more palatable for me So there could he some, benefits Ed I lue�gel There is a benefit. Chief'Schank. There was it time where the insurance companies weren't really honoring ISO for home owners. They would tor• car insurance, and I will tell you that even my own department. we have had just as recently as last week, three phone calls from insurance Co11)panles 1�'allflllg to know, so I'm assuming and I have been told by rlty bureau, that their are more and more calling. So maybe tile\, are starting to honor it more io 16 G 1 8 Phil Popovici They did with me, that is how I know Chicf Schank: I knew I have State Farm, and they honor it already and they showed me where they honored it. It went from a h to a 4 Phil POPOvicV I just figured I would through that out there for anybody that didn't even know this stuff' It was a rude awakening for Inc. Inaudible: Because Fast Naples takes us over doesn't mean that this is going to a 4. There are a lot of things that will change and ISO rating on the Island it self. I come from eleven years ol'a numher 2 department. You can't get much better than a 2. Chief Schank And there no difference, (here is no real beneficial, financial beneficial to go to a 2 either Phil Popovici So, your saying that Chief Schank So, if you go to a, if your part of our district you will From the floor Right but that doesn't improve your water supply and everything back in here And th<tt is part of ISO too, how much water you can move. Physically in in hour. Phil Popo�ici So is it possible that the rating would not. Chiet'Schank. I disagree, I think it would change. Ed I luegcl BUt just to go on, Terry, there are two other points. We would maintain Isles ot'Capri Fire District, Isles of Capri antonvn as far as the station is concern, and the Board that V01I Would have would still be, unless you went independent *then it would he even better But It'you kept thq saute situation we have you would still have a Board that would he renewed as every two years. ' rhere is a status that new Board members can come on. So your not losing what you have their. I believe your gaining in the fire coverage Mr \igouianis Mr. Chairman. if'we could now maybe anybody and our ,guest would Want to speak now Phil Popovici Yes, maybe we should open it up. Ed I IueLel I have no problem with that Ed I Iueucl I-ci's start with Chris right now. Chris Chiel'Schank, would you know, under the concept ofthe contract if the budget constraints are so tight what happens if'we blow a pump engine? 51 Chief Schank You would go to Reserves, just like you do right now Chris. No different than what you got. Chris BUt would it corne out of Isles of Capri or Fast Naples'' If there was an accident and it mined the tnrck and it was $50,000 and we oniv have S20,000 in Reserves, where does the responsibility lie'' Ed I {ues:el Your insurance would take care of it. Chief Schank You insurance would pay tier it Ed IiUCLCI If you wrecked the tnrck, the insurance should cover it Chris. What is some object that would be insured, where the pump broke down, and we did have an 9.000 engine repair bill, that insurance didn't doesn't cover It goes beyond, we have three ol'those in a six month period and it goes hcvond our 520,000. Who is going to he responsible for seeing that the money is paid" Ed E-Iuevel %m%. I ant just going to ask you a tluestiun. Chris If we kept it the same svav and the Dump goes, what are you going to do" Chris 1 i m just asking does Cast Naples pick it up'' From the floor What is going to happen is the building is going to he paid offsoon, it's going to free up some operating capital. Ed I ILICL'CI Not until 19, not until the year 2000 From the floor That's two vears Chris Well. is Fast Naples responsible or is Isles olTapri. responsible" Chief Schank Well. we both have insurance, ifsve are under contract, I would assume it would depend where the incident occurred. Wit happen on Isles of Capri, it would be Capri Wit happened in East Naples in would he East Naples Front the floor What Is going to happen spending wise when the Union Contract is up and the nesv negotiations sets the rates higher for the salaries" Chief Schank We will have to come hack and address that From the floor Then the taxes are going to have to go up, eventually For everywhere. Correct 16GI Ed I luegel. Let's just one at a time. Rather than interrupting, il'you got something to say. From the floor: I don't mind the interrupting. Ed I lucgCI Well. I do. We got so many people that are here. George. George. Maybe for you, if you have a Union. Chief Schank: I haven't, we haven't raised our taxes since 1984, or 83. George Chief. this may be a silly question, but to do the weekends, there is 168 hours, and we are going to hire 3 men, your not going to run 168 hours with 3 men. It seems like their is it gap there. "There is 168 hours in the week, well 3 men might work 120. Chief Schank Ycu►r going to have 2 people on shift. When I say 3, there will be one for each clay, plus I'm going to add one from my district to make up the 2. From the floor In other words, these 3 men will cover, Chief Schank They are going to work 24 hours. Chief Rodriguez will work a 24 hour shift with one guy from our department. 'File next day Dave Butler will work the second shift. with one man from my department. From the floor Then what we are trying to do, is to take the total ofa week which is 168 hours So one man will work how many hours in a week? Chief' Schank: They are going to work 56 hour work week. From the floor: 56 hours, C'hicf'Schank Yes. From the floor OK, that answers Illy question. From the floor I have two quick ones. Very quick. My understanding in case some people don't know, is that we have been operating under a mutual aid agreement for many years, with both Marco and several ofcommunities. Someone has said and some cOnullents have come around that you can't rely on mutual aid for ever, you know, if yew house is on fire, you need coverage there. In reality, in our community and in our fire district. I understand that we have only ask for mutual aid assistance. I believe, under a dozen times in the last three years, and I believe, that we have provided it over 60 times So people ask its for mutual aid much more often, then we use mutual aid. lust in case any body was curious about that. The other thing is. I am under the impression that East Naples operates under the two in two out protocol. ii 16G1A (1. Chicf' Schank. That is our goal, yes. From the floor Well. currently we have it firefighter on and its my understanding, and I'm not a firefighter so I may be misspeaking, is that if there is a stnrcture fire, he cannot go into the structure until assistance arrives from East Naples or Marco. From qualified firefighters need to he there, I mean, in order for to gel things going on your own, there is no Support outside. Chic' Schank You have to write a policy to protect yourself; to say if you have to, you have to go in by yourself. We had that in Last Naples, we had to write it policy with Workmen's Compensation to say under certain terms, certain conditions, there may be tinges, where a person may have to go in by himself 1-1-0111 the floor OK, well, Mat's wonder. so that ('hicf'Schank It's a S<licty issue Imw I don't like putting.; it firefighter in by himself' I,nder any circumstances. From the tlonr. And I commend you for that and I would think the firefighters would appreciate that as well. I don't sec that there is much difference having two people on under that MO in two out protocol doesn't really change things, hccause if you have two people. for one. don't you still need two people out'' Arell't those these rare exceptions when your gout`, to violate, that two in t%vo out? Is it really it henclit to have two firefighters on. ifit is not going to. I mean, ifyou got to stick to that two in two out'' "There IS the eNception, I don't un(Icrstand, Ed Flucgel If the truck? Chic' Schank Station 23 will be here on the average within S minutes, il'you have a structure fire and the conditions are right, where we are in the Station From the floor They will he there now though, in S minutes Chict'Schank. Right not though. I can't he s;uaranteed that you are going to have 2 People front Capri I can tell you, if' I alll Ill Illy Station with 2 people, I know that is I have something. I have 2 people cooling. I knew that That is a given Unless they are on a►lmllcr call From the floor (Inaudible) of'thc area, something they ��ot to wait until the truck shows up }moot station 23. And, I mean, and I would like to, my sorry tier interrupting my wile on this, but I %%ould like to inaudihic lilr what She said f3ecause, 130h, 1 have heard you say, voil have a mutual aid is great, but fire will kill in seconds, and Eddie, I have heard YOU say "God forbid if some Should die in the interim" and stufflike this. But the truth is really, is that we get you guys dawn here, and let me go, tier the record I am Matt 54 16G1 o Crowder, and let me go on record as saying, Bob, I am not at all against the East Naples Proposal at all. So. I am just trying to clear the air on this one issue. When you say things, like fire kill in seconds the implication is that when this contract goes through, we are somehow going to have some better response time here. But the truth is, based on the two in, two out protocol, we are riot improving a thing. Because if there is two guys there, they are going to stay out there, and pour water on the thing until the truck goei up to station 23. In the current situation that would be true and if the proposal goes through that %yould he true unless you going to violate the policy because someone... Chief Schank. We have a policy that says if you have to go, your go in. Matt Crowder That's OK, granted, but in, following those exceptions, the truth is you are really not improving the response time, whether a fire kills in seconds or not, it is still the same 5 minutes fir the truck to conic down from station 23 either way. So, I would like to eo on record as saying, that this is not a case of imminent peril, people aren't going to die in the interim. It is the same 5 minutes, no matter whose in this station. (Inaudible) the vehicle fire down flue street, our guys are going to pour water ern it, till we get the people to cover the two in, two out rule, or your guys or going to pour water on it. l nless someone is in immediate danger. Chief Schank When I talk about, I'm riot one, I don't mean to be throwing out scared, it peoples minds, but the bottom line is that in my department I have two minimum at station 23 highly trained fire fighters that I know is going to go inside. East Naples is known as an interior attack fire department and that is, as long as I'm Chief, that where we are at. We will never have one person on scene. It just doesn't happen because we arc not manned that way. What I'm saying on the Isles of Capri there arc times, where I would hw, 'e to admit. there are times, by himself, now what would you rather have him standing outside or %Would You rather have those two people as a team. ,Matt Cro%�der My own point is that when you say things like mutual aid is great, but fire kills in seconds. I think that is misleading. And, I think it does scare people unnecessarily when you said (inaudible) Chicf Schank Well, I'm sorry. Ed Hueuel. I don't agreed with you. Chief Schank I want two professionals inside a house as quickly as possible, riot one. Matt Cro\%der But the truth is, either way, seconds are going to take lives no matter... (inaudible) Phil Popovici I think this is in argument that will go hack and forth that is unresolveable. '['lie one thins I want to add when Your done. 55 16 G 111, Matt Crowder: Well, I would like to just clear that up, because it is not like immense improvement in response times. That is one of the things that I think is important to notice While I have the floor could I ask Dave it question Dave you said you went on calls by yourself' Is that a situation where you put a call out for volunteers and just like no one showed up or what? Dave Butler fell, anytime the pager's go otl; the volunteers have pagers, ifthey show up they show up. Willey don't, then don't. I have no idea who is going to show up and when. Matt Crowder- So we are not really guaranteed. Dave BLItler: Your not guaranteed anything. You can look through the call book. There are calls where Chief Rodriguez showed up by himselfor ttte by myself A lot of times when we have tiled C'om 7 will he here, or maybe we will have one volunteer. Me and Chief' Rodrigucr. together here, would run that call Phil t'opovici. The only thing I wanted to add to that Matt. ifyou (10 have two people available yon do have as a Chief; is able to mustard tor;cther some real line sulks who are willing to give their time. You just can only supplement that by some of the volunteers, even though we do hear reports that sometimes they don't show So we see two right here, bineo. here's some more volunteers you can fulfill what ever a four rule is, so mean, the numbers, the greater the numbers, there it is That is Illy opinion. Ed Iluecel Willly Wally I guess maybe I shouldn't comment, hilt a week ago Thursday, was an example of what your speaking of. I was the victim, Dave did all excellent job ofanswering. Dave answered W'ho helped? My wife washed the paint out of my wounds and a former firefighter Without those two, helping to load me unto the hoard. I can't turn it oil; because my neck is still bad. Dave was the man. And he did a wonderful joh I have the up most praise Ile was alone It was two other people who helped and this is not an unusual situation I have heard Rod the other day ifiact. go on it boat call. he had to go over and pick up two people at Marco We had no one here The volunteers are excellent. mid Chris, and I was it yoluntcer for years, ten years noes. and %%e at one time: had sixteen Wluntcers Island yoltrntccrs not volunteers from c,ul there We %yore able to put these people together, but we don't have that mil'ortunately any more like I say, was laying there, the victim on the door, and I tell you it made nie think From the fluor 131.11. Wally, I would like to say, 1'111 glad that your well. I know that eVCn1llodv is very relieved that you doin>; well From the floor f3ut isn't this a fire issue" Nally No. I fCll and injured nlysclf'. 56 16G1 Ed Huegel: Peter Pete Kocik: I would like to say that. I think the Board is missing the real point here, that we have talked before and the most calls that we have here are 90% medical. So, I think, that is where we have to be concentrating on here. Now if we go with East Naples, Leo Ochs, stated himself that the South Commander, I think is the right term Would be roving or roaming So therefore, we arc going to have an extended response time from East Naples An extending response time is very critical according to the American Heart Association. We are talking just a couple of minutes that it extends by to East Naples, is getting very critical, aside from that, East Naples doesn't have ,in MOU. And, and MOU as I understand it is a Memo of Understanding. From the floor- Excuse me, but we do have an MOU dated 1493, so if there is an MOU in affect But let me say, let me answer your question there about the Commander who will he here What your going to get on scene, in minutes of the emergency calls, are at least two EMT's, being able to perlorm Basic Lifc Support. They are also trained in defibrillation so they are able to provide some instant basic life support well within minutes From the floor. I can ask my wife and she can explain, would you like to explain some of this because )ou are a little more education on this than I am. My wife is a nurse. So rtla.ybe she can expand on this. From the floor: Do all of-the BL.S units have AE;D's on hoard' C'hief' Schank Yes From the floor Are you reallv sure ofthat? Uhlef' Schank Yes 1`'1111 Popovici What is that, ntav I ask'' From the floor: The paddles. Phil Popovici The electric paddles. From the floor: I think Pete is referring; to the American Heart Association said that Coronary Artery Disease is the number one killer in America and I think that is a fact that all ofus are m� are of. What Peter is referring to is, when you (inaudible) anyone here "110 is also basic life support. Your first response whenever you find it, on the spot, with that Victim is to dial 91 1 EMS. EMS with their Advanced Life Support should assist the victim the unresponsive adult victim. So I think what Pete Is referring to Is the fact that the rescue FOLK providing us I believe �%Ith firefi�,hters /EMT's, and Peter is saying, that Step above all of that is Advanced I.Ife Support and it should he a Paramedic. Il I'm not 37 I6G1 mistaken an EMT can provide oxygen, an EMT can provide C'I'It, EMT can provide oral glucose perfusion, and EMT can automatically defibrillate a patient, il'they are trained. think Peter this refers to the fact to get an IV started, to get a patient intubated, to get cardiac drugs administered, that service will not he provided? Chief' Schank: No From the floor: A firefighter EMT. All right, here's inaudible. I1nfiortunately we had a death because ofclectrocution. Unfortunatcly we had drowning's. Unfortunately we heart attack victims. And response time is (inaudible). An EMS we have :Advanced Life Support, American Heart Association says response is within 4 minutes the chance of survival is greater than 46 %. 11' FMS responds in R minutes. the chance ol'survival is less 26%. 3 to h minutes irreversible brain damage. So I think what Poe is referring to is an ALS unit out of the station. within five minutes at Ieast you ha%e it chance. I do nor know 11'you have ALS you do have an ALS, a unit 11.MS1) An ambulance which is ALS certilied? Chief Schank. Do we have, no we don't. Phil Popoyici They do, EMS does have. To many people talking at one time Ed I fuegCl 1 would like to make one comment about this We have EMS here from R OU o'clock at niLht to K 00 o'clock in the morning We do not have EMS here all day long So you know. your rolling the dice 5W/,, nf'the way and your getting, I know Dave is and E.MT are you Dave Butler Yes, sir Ed Fluegel- And Rod, your not an E \t'r, right OK When Rod is on or when some of the volunteers are on tile\, are not the qualification that we are getting from East Naples twCnty -finrr hours a day, riot just i��CIVC hours. Pete Kocik The point is you are reducing the level Of *servicc th;tt you have now by extending_ the response time Phil Popovici: No, absolutely riot Ed I fucgCI Pete. just listen to me 11or one minute. I helieve that Leo should ans%%er a question whether we are going to have E \1S people here or not from R o'clock to R o'clock. I think that is something that should be worked out between Chief Schank and Leo Ochs Leo would be the person that would say, " are we going to have people hear or not?" Now whether its one Paramedic or another one, so long as we have somebodv here. 39 16G1lo'o. Phil I'opcwici: Could you just wait a minute, we got to do the tape thing here. Ed Hueuel Go ahead fete. Pete Kncik I want to hack up here, just fir a second. Tom, you said you have an MO or a MOU with Dr. Robert Tober, Chief Schank: Diane Flagg, signed it. Lco Ochs: I don't believe that is current. Chief Schank: It's not current. The way the MOU is written, it can't be changed without mutual consent. Pete Kncik Well I have a letter here frc >nt Dr. Tober, stating that any previous understanding or agreements are no longer valid, this is from Dr. Toiler himself. Chief Schank That is not what our Attorney says. The only difference, the MOU, that's Dr Tober's opinion. We have a document signed by Collier EMS that says in that contract, or that document that, that document cannot be changed without mutual consent lie can say what he wants, we have our reasons why we don't have an MOU. East Naples. will riot spend S22,000 to have a medic come over here and teach us basic lif'c support that we get in EN1T training now. Bottom line. lf'they want to give us something more like ALS then we will listen to them. From the floor: lie said you do have an \1011, you said you don't. Which is it. Chief Schank: I do have one. From the floor But you don't have the MOU's that some of the other departments From the floor' Isn't the Memoranduirt of-Understanding, suppose to allow the people \%ith Paramedic training to utilize those Paramedic skills? Phil Popovici It is not Paramedic training was it? Wasn't it EM "r's'? Chief Schank Basic Life Support Training, Phil Popovici: It is EMT stuff Chief Schank: It is not even EMT its basic life support Phil Popovici: CPR? w 16G1 41 From the floor: Inaudible will provide basic life BLS? OK Do you have any people who will provide ALS? Chief Schank: We have people that could, but aren't allowed. From the floor: And why is that? Chief Schank: Right now, Ed Huegel: Maybe 1-co can answer this question. Leo Ochs There is only one license. Advanced life Support Medical Service Provider in Collier County. And that is Collier County EMS, and that is a decision by the Board of County Commissioners. From the floor Dees EMS have it ALS unit at East Naples? Chief Schank Yes Leo Ochs Pardon me? Phil Popovici Yes From the floor: EMS does have an ,1LS at Station 23. Leo Ochs That is all we run is ALS. yes. all of our ambulances are ALS And there is a Collier ALS ambulance at station 23 on 9i I From the floor Does Collier County recognize their certificate of X101,1. Leo Ochs No From the floor The State of Florida clots Chief Schank: Collier County doesn't but the State of Florida does. Bottom line is it is it political issue. Ed Huegel Who signed it Bob'? Who signed it'? Did Diane'' Chief Schank: Diane Flagg signed it. Ed Huegel: Diane Flagg signed it and now it is not agreed to" Chief'Schank: If we had an N10IJ today with Collier County my people couldn't do an% more than what they are doing now That is why we won't sign it They want us to pay 60 .l 6 G 1 Collier County 522,000 to give us the same classes that we do now, on our own. We get re- certified through Edison College by EMT people with, I believe they arc EMS people. Why spend the Homey'' Now if Collier County wants to give us some Advanced Life Support Training, well we will talk. Phil PopoVici' So you just get it through a diflcrent source. Lco Ochs %1av I, Ed Huegel Sure. Leo please Leo Ochs A couple of years ago the State of Florida passed a piece of legislation that encouraged, didn't require, it strongly encouraged, I believed is the exact wording on the statute Local first responders to enter into what they call an (MOl1) Memorandum of Understanding with the licensed medical provider in the County. Which would he Collier EMS. to develop this training curriculum for first responders The obvious (inaudible) so there is a seamless consistent pre - hospital medical approach Ed Huegel Hold on a second. Phil Popovici Do we turn this over now. Ed t-fuegel I turned it over. so put a new one in Phil Popovici We don't have one I:d Huegel Yes we do, we had three Jerry Marinaro We don't haVe any anymore Leo Ochs We will keep this one _oine Ed I-Iuegel Will I get a cop}, of that'' So % %c have it To many people talking at one time. I.co Ochs In any event. that's what an MOU is, OK. It's an optional agreement between the licensed medical provider in the County and the first responders for training. We have prohabl}' executed five to six of those with independent in the County and there is probably three districts that we have not yet entered into the agreement And we continue to work to%\ards a resolution ofthat. Mr Nigogianis Could I ask a question" Iff 16G1 Chiet'Schank. The lire departments encourage an MOU, we were the ones that hrought it on From the floor The understanding I have front one ol'your personnel, Joey Crato, unless I misunderstood hint, because the two departments are not entered into this agreement. some ot'your people are Paramedics, and they are not able to perliinn Paramedic duties. Leo Ochs It has noilling to cto with Palallledics Chief Schank It is nothing to do with an \1011 From the floor I must have misunderstood Ili,,,. Mr Xigogianis Why are you concerned ihout MOU's You have it conditioning or something EN 1) 0 I TAPE 43 - SIDE 9I TAPE: ii3 - S11)E. tt2 C'liiefSchank We are not against an MOU, we just Teel that give its something tiir 522,000 Phil Popo\ ici Let's go on, From the floor I think one ofthe questions, that everybody also \rants to kno\v as f;ll• as. \ \!e ha\ c talked a lot about fire covcrage But. if' East Naples does take over the proposal. \\'hat Iti ollr i1111hulance c(1\'erim- ,e'.(1111` t() be I low are %%e going to have the alllbldance here. \here are they going to stationed. what is the response tillte `_ping to be'.1 Why does It have to he ally diticrent" They need a place to he stational Ed Huegel Joan, just to answer the first question Leo \could he the one to tell you whether lie Would supply us \\'ith it E:A1S person or not Leo Ochs As was said earlier. as most ot'you kne,\c, \\e don't have an ambulance here. currentIY No\\ ambulance \011 our too medics that man that ambulance is located at, one is up the road at 051 and the other closes one is in Marco Island From the floor That's East Naples the one that's located just right up the road Leo Ochs Yes. sir Right up 951 Station 23. Phil Popoyici Right across from Coral Isles r1, Leo Ochs: Across from Coral Isles. OK Ed I-luegel: An that's an ambulance, Leo'' Leo Ochs Yes From the floor: is there not one here? Leo Ochs: No, there hasn't been one here. As Mr. IHuegel Said, we have a paramedic firefighter here from 8:00 in the evening until 8 00 in the morning that can respond obviously, with their medical skills, but it is only one person and it's not in an ambulance. We couldn't transport anybody. From the floor. Well, not, I didn't mean the ambulance, I meant the paramedic. Leo Ochs RiLht. right Ed lluegel Leo, go ahead and finish please. Leo Ochs hat I had reconimendcd to the County Administrator is that, if we have a contract with East Napless where they have two full time firefighters EMT's here, twenty - faUr hours a day, seven days a week, that in my opinion, that would mitigate the need to have an on duty South Battalion Captain, and that is the position that is stationed here now Which typically is a roving position within that battalion would not be needed to be restricted just to this area during those evening hours any longer Phil Popovici. One thing I will acid. Leo Ochs They would still be headquartered here, if I might finish OK, so we have a battalion captain in the North and South end of the County. They have a home base, if you will, or headquarters. The one in the South Battalion happens to be the Isles of Capri station will continue to be the Isles of Capri station. Those people work a twenty -four hour shift just like a firefighter and they move around to the different EMS units, in that battalion and do ongoing training during the day and sometimes at night. When they do their administrative paperwork, usually in the evening hours. I believe. They collie back to their headquarters area and do that, and they respond from there as well. From the floor The plan ofattack what Dave did, the clay that Wally fell. I mean he had everything conli letely under control by the time they were able to respond. You know, he just worked so fast, and got everything done so well. (Inaudible) We should give him a hand. Lea Ochs. The paramedics that we have here now, are not restricted to this area during the day (11 16G14% Ed I uegel: June, just another thing to do with that. Could you be able to work something out with Fast Naples being your going to he here with your crew, I mean with ENIS, to have an EMS person in the station. Arc you going to have a problem with it. Chief Schank- We encouraged in our plan, we didn't think there would be a change Ed I- tucgel: So none of us thought there would he a change, and all ol'a sudden there were some points of interest. I think that call be negotiated and hopefully worked out with Leo and his horses. From the floor (Inaudible) the main concern is the majority ol'ottr revenue. Leo Ochs %k'ell. we would like to have art ambulance everywhere someone would like onc. hilt the reality is, we just don't lurve the ►noncy to do it From the floor. Mr. Ochs, may I ask a question? Lett Ochs Yes. I think. Ed HueJtel Sure From the flour At the County Conuttission meeting on Tuesday, were you there at the ntectine' Lco Ochs •This mist 'Tuesday? From the floor Yell. Leo Ochs yes mutt From the floor Just to throw another spoke into the wheel I'm curious about %lr Hancock's reaction to the fact EMS to he paying for somehodv to he here eight hours a day, %Olen nobody pays for anyhody to he in his district From the floor Fie is (inaudible) district through that half of (inaudible). The county is responsible for makin`, sure we have fire covet'aI, . (inaudible) to many talking at once Ed I-luegel I will tell you what, let's not argue about It Jerrti Marinaro Your point is well taken From the floor- I just wonder ifthere might be repercussions IN that. 64 16GI,+1 Leo Ochs There may be. Phil Popovici: I think on February 17 "', aren't they meeting to talk about continued fire control influence with the County. Leo Ochs. Your point well made. Ed HuegeL Leo, you would though make an elT'ort to have your emergency service paramedic here during these times or what ever can be worked out to satisfy the taxpayers here Your going to have something going on even if it's not a Commander that it's a paramedic. Somebody has to be here to take care the needs that the people feel. If they feel as if they need that and it is it taxpaying group shouldn't they get some kind of recognition to the point that they would get something like that. Leo Ochs Let me just say this. The County EMS operates as a single unified system, countywide So, the way we pull our resources is based on our call volume and our Growth Management Plan that has been adopted by the County Commissioners, and as money becomes available to bring on new units, we place those units on where they are needed, based on our response time parameters that are in Our Comp Plan. That's what governs We have our next twit frankly, Our next growth unit is scheduled to go out into the Estates area In fact that, we requested that this year, but we weren't able to of cird it. So, if we are able to get another ambulance unit funded, that is the first place it will go. And beyond that we will have to look at our next immediate call volume and response time Ed Fluegel Just a question that has been brought tip, and brought up, and brought up. Will the yOlume change here as far as the 90 /20 and the amount of calls that we are going to have here" Leo Ochs Probably trot. Ed Iiucgel Then why should there be it change in what we have? If we could have somchody here that would satisfy the lolks, that we would have fire coverage which thcv are paving a tax for. As a separate unit, they are paying a separate tax for EMS protection. Will it change any or will we still have 80/207 Because I'm in disagreement with the amount of calls that are being put in as EMS calls and lire calls, and unless the rules have changed it was about 50/50 from what I Could figure out and I'd be glad to sit With you and gO over it. Is it, will it change'? Leo Ochs No, ahsolutely trot. Phil Popovici: This gentlemen was in line. Ed HueUCl' Yes 05 16G1 From the floor My name is Eddie Webb. My question is to you C'hiet'Schank. I haven't seen a forinal copy of'the proposal yet As a volunteer, will you still allow the volunteer members to do interior tac destruction fire fighting. Chief *Schank Absolutely, like I said I'm planning on getting, if I don't get a volunteer t'orce here, I'm going to start a Cadet Program in my own district. The only thing I'm going to require, is that you are trained to do interior tac f ulitinc Phil f'npovici And ofcourse Chid Schank. That's what you are here tier Eddie Webb Is there a chance of'any other, cause at the moment we have an attack truck and one engine company. Knowing that our hudget, what it is, and more than likely you don't have the surplus in your budget to give Rod any additional equipment. Would there ever he ;r second engine placed dok%n here Im- volunteers cause obviously, once this engine leaves and is out on it scene or in it Iap in for mutual aid, there is no coverage here for the volunteer to respond there is no apparatus fir the demand. Chief Schank It' Putt not mistaken, you have in attack truck here now with a .. Lt. Butler( ") It's a 250 GPXI Chief'Schank It-its like anything in nt� 0%%II department. there is tinges when I don't have it truck available. I would simply utilize v.-hat we have available Eddie Webb And that's all I ant askim -, Chief' Schank: I can only do so much. Eddie Webb Rioht Chief Schank Inaudible do I expect the volunteers to drive the attack truck" Absolutely As far as the pumper, the only thing I could tell you in ntv department we have a driver engineer do��n here and that's.. fiat the attach truck, absolutely Any other thing you have here, any other piece ofappar'atcts Phil Popovici: You have a question in the hack there? From the floor I'm sorry, I have a question for the gentlemen (inaudihle) Mr X. To 1 b G 1 f From the floor. OK You question about the MOU. I feel that you know a lot of people are residents and property owners who are very concerned about this issue and your questions was "well what do we know about it ". I think maybe Mr. Ochs can help us, I believe a MOU is a Memorandum of Understanding is basically a protocol for first responder protocol which is written by Dr. Tober. Leo Ochs: What's correct From the floor (inaudible) The first responder to the scene of an accident basically covers or agrees to inaudible. Leo Ochs That's correct. From the floor. Since Dr. Tober is agreeing to it or writing his name basically inaudible physicians orders inaudible his position standards. Inaudible God forbid a liability were to happen and (inaudible). This is the protocol (inaudible) As f'ar as East Naples contract with Isles of Capri (inaudible) original order that Dr. Tober signed this is the protocol Leo Ochs I would suspect that in a contract document, we would, as the county, seek to transfer that liability to the first responder or the other party of the contract East Naples in this case You know, from what I hear the Chief say I think he is pretty confident about the first response capabilities of'his people. That is in fact an issue liability, that is one that if the first responding agency chooses not to execute the Memorandum of Understanding, you know they do so in whatever those consequences are potentially they have to make that decision. That's not something that the County would make for them. I am sure we would cover or transfer any risk, or ask them to perhaps hold us harmless and identify us for those types of claims if and when they have ever came. But, and we %%ould expect to do the same fir our people certainly. From the floor Right now your (inaudible) with Collier County EMS Leo Ochs I believe that we do. From the floor: (Inaudible) somebody asked about ambulances, and I spoke to the Commissioner this week and he informed me that what they try to do in Collier County is to have a respond time of six minutes. (inaudible) Located areas and I did speak to him about the issue of a possible ambulance on the Isles of Capri. (Inaudible) 1�!e are owned by fire district (inaudible) . He said that (inaudible) a possible ambulance on the Isles of Capri. (Inaudible) Fire district, our fire house (inaudible) that would be something we would have to decide on the meeting in the budget and Leo Ochs: Yes, and that is what we will he doing in about a month from now as we do every year when we prepare our budget 67 16G1 qtr. Xigogianis: In response to that lady, you say I wasn't trNwiv to he cute when I said %ghat about MOII's. That is just something I never heard ot'and I don't know how important it is that everybody here know what an %1Ol) is, but I wasn't trying to be smart. From the )loor: Sir, I didn't take it that way, (inaudible) what I'm trying to say is Ulm I think there is information that is (inaudible) we are all trying to look at the issue and ,tr Xigoviams: Do we have an MOU now'? From the floor: The Isles of'Capri, yes %%e do under Collier County FMS Yes we do Mr Xigogianis And when we lose that then we go to East Naples" Ed HLIegel Not necessarily Phil Pnpovici The tend to have one that's endorsed that needs unilateral agreement to stop it front being binding. You folk's didn't do it, they didn't do it, so technically we have a binding contract that is vie %%ed by the State of' Florida vs The County. The State is what mandates the fire control (list ricts, and I don't know tiolks, that's a piece ol'the sticky wicku Iml(IC11hle to many people talking at once From the floor. Chiet' I think you answered this before, but I just missed it. Il'there are unforeseen expenditures when and it' this contract goes through I)() I understand this rigllt, that that won't change the millage with Isles of'Capri" Ed I lueeel In order to change rile nlillace, we have to go to referendum and the MNlim -Crs have to al -free to that From the floor I know that. Ed Flucgcl We can't do that arbitrarily Phil POI)ovici Yes, we can't do that LCO OChs I would suggest that it would probably he like any other contract. That if'you Il,a\e a signed fixed term contract and there's some financial change in the contract it %kOUId he handles through some kind of'change Order Or contract amendment process that \%0Uld Phil Popovici Inaudible Leo Ochs \O Or mid \,car. whenever \'ou would need to make file change ris 16G1 4,o Phil Popoyici: You can't make a change if there's not a vote. So you would have to have a special referendum there and the issue here is, wait a minute we have a discussion going opt Ed I Iuegcl Did that answer your question') You are at the maximum now. George th -.t you can tax on the millage rate. It's set liar no more than one mill and we are at one mill even though you sec different numbers come out. 7.9 or whatever, its totally a one mill tax that we are all paying From the floor: We think maybe we could acquire, most of us are concerned about the medical and medical coverage here. Prior to us having this EMS person here at night, what kind of coverage did we have when Chris was running it, what kind of coverage did we have after Chris, what kind cif coverage do we have now, what kind of coverage will he have Phil Popovici Sure From the floor We are all confused nobody knows what is going on. Phil Popov ici I guess what we could have to go to this, this is the coverage we had hct'ore From the floor I mean, in the discussion everybody is talking different language and nobody'; knows what is going on. Phil Popovici Are we talking fire or medical? From the floor. Medical Phil Popovici Oh, I'm sorry, I misinterpreted that. Ed I IUec:el Prior to EMS corninz into the firehouse Phil Popoyici Right, we had. Ed I luegel Thev came into the firehouse and discussed wanting to trove in. We said to them that we as taxpayers here own this firehouse. Ifyou are going to come in here, help us %pith rnortg,t`_e payment, help us with the electric bill, etc., etc , etc. That was not done and then one day we had an EMS vehicle in here and things had just changed like that. With(urt us even haying gut opportunity' to do anything. Ain I right, Leo? Is that basically the �%av it went'' We asked fir some compensation from you folks. And we haven't gotten anv compensation. Were still going to pay $25,000 on that mortgage this year, next year, and the following year Phil Popoyici FXCUSe Inc. we do have some compensation fir the lighting. r19 16G1 *4a Ed Huegel. Oh, OK. Leo Ochs There is some minimal pro -rated utilities. Phil Popovici. Yes, its not a lot oh From the floor: That isn't my question. I'm not interested in dollars, I'm interested in right now we have one person here during the day, sometimes he's qualified sometimes he's not We have two people here who aren't qualified. Phil Popovici Right, one is an EMT and one is not. From the floor Prior, to EMS getting here, inaudible was there cause I know he was to my house one time. Well, we had good coverage and EMS came in a short time, and took care of my wife that was fine. Then we had EMS an([ that might he a little better. But the way I see it, East Naples was going to let two EVIT's here where we only had one when Chris was here and half of the time we have one now Ed I fuegel During the clay, from the floor rintl that's where %ve stand. I would think we could be better to have two than one WC would have better medical coverage with East Naples than we have during the day no%% Is that basically what Chief Schank During the dav, Ed Huegel Basically that is what we have achieved Ed I luegel %Ir Smith you had your hand up. ilv1r Smith Yes I just wanted to ask Chief'Schank I am a little confused about this Volunteer program hecause on the second inaudible down here, inaudible your people or Marco people object to the volunteer program 90% of the fire companies in the United States are volunteer fire companies. Some of'the big metropolitan areas are not paid fire companies, so I don't see what is so had about volunteer fire companies The next thing is, he said, the trouble with the volunteer fireman in a union lire district, is that you take a job away from a union man. You had a volunteer program tip at your station or within your district and it died out fir what reason I don't know. C'hie }Schank It died out because of'lack ofinterest in the people, historically. And don't see that in Collier Countv, but historically across the country where you have paid, hig paid, New York City fire Departments, they don't, where the unions are powertiil, they don't advise to mach to have volunteers because it holds hack from the hiring process Down here. I've been seen. I've heen here fir t%%enty- years. Twenty years with 70 1.6G1 M,% East Naples and the only reason we don't have volunteers is because we couldn't keep them. The have day time jobs, or lose interest, or whatever. That's why I say, the only reason why I say they work today is cause you have a bunch of cadets coming out of school that need a place to go. %l r. Smith The part or higuest percentage of them come out of East Naples. They don't go to you for a job, they come down here. Why is that? Chief Schank: They come here fir a joh9 Mr. Smith. They come here for training. Chief Schank I3ecause we don't have a volunteer program in place at this time. Mr. Smith noes that mean you think it will work? Chief Schank Well it will work. I know it will. Mr. Smith You mean in East Naples? Chief Schank: Absolutely, and that's why I basically said let's look into one. But that's, we will have volunteers, the thing that the union, this is a growing area. Well long, before this is still going to be a growing area. There is always room somewhere along the line, that people are going to be hired, as the area's is growing stand. We don't see a problem in our department with having volunteers in it. I can't speak tier Mr. Smith Inaudible Chief Schank: You know what it is does fir me it gives me a better tool to pull Dorn, because I know now, when this person conies to me tar a job. I know what that person can do, it helps in the hiring process. Ed Ilucuel Three years ago, let me make a point, three years ago we had a big meeting here, with a situation that we had no volunteers. The volunteer pool had gone down to practically nothing. So that is why we were kinda fi,rced into paying some people and Living some ofthe volunteers some pay too. Now we lost what we had, atier we built up it little hit, up until last year we only had according to Rod's letter, one volunteer and himself. So, you know, I'm just making a point too, that it can go up and down. I'm assuming. but I think the Chiefhas said that he would have a volunteer program and keep as many ofthem as he could into the volunteer program that would want to be here. Phil Popovici The other thing, Carter, remember I think the Chieftold us earlier. How did you start on the fire department? Chief Rodriguez. As it volunteer 71 16 G1-1 Phil Popovici. So one doesn't tend to 11orget their roots. I would hope. Chief'Schank I concur. You know, the other part ol'it is, my Wren who are (inaudible) union firefighters. who cone down here and, Chris Noble, he has worked with a lot of people and inaudible is very very good. No matter what happens here When we come dawn here at night, on Thursday nights, my men beg tile, can I Lo down to ('apr1, cause they are doing training. They lay fines down, help Rod, come hack and have the best home cooked meal you count on, on this side ofthc town. Phil Popovici This gentlemen here. From the fluor Yes, we are talking so much about the volunteers. I wrote this letter on behalf of myself and most of the volunteers, and WWII inaudible I would like to read it. It is wrote to Isles of Capri Advisory Board n►cnrbcrs And misleading allegations that have recently written about the Isles ol'C'apri Fire Department It was said by former Board member Skip Woolsey, that the volunteers in the past have at times demonstrated inability to nrn the lire truck properly. don air hack packs, know as SCBA, self contained breathing apparatus, and most other equipment It ix also said our department has no state certified fire fighters. This in short is nothing but a lie. The Isles of Capri Fire Department counted twenty -two volunteers I lere is a list of qualifications our volunteers. One Paramedic, One Paramedic in school, eight that are E-M1, certified, five that are Florida C)ut of State Certified Firefighters. lour that are in li►ur- hundred hour academy, ten that are Haz -mat operations certified, ten that are I:VOC certified (emergency vehicle operations course), two that are fifiv -six hour structural certified, and one that is currently in Eh1T school. In illy opinion the above does not sound like an un- trained, unqualified fire department. As Car as Chic1*Rodriguez Lots, he has always demanded the hest from his volunteers. We train a minin►um of lour hours every Thursday night and must pull at least a twelve hour shift once a mo rith He has always supported the volunteers in Letting all the training and certifications we can Let to help our future. The moral of our firemen has been high and we continue to he a team fir better or worse. The allegations that have been said about us are it complete injustice to our department Mid our volunteers It is our responsibilities to provide the residents of Isles of Capri the hest emergenCy scryice available. Not to he looking m er our shoulders worrying about someone else taking us over. There is no reason firr us to he punished, we have done nothing %�ron, We just want to do our jobs PIcasc let us C'hicf'Schank (inaudible) would also like to say, as far as Marco taking us Dyer. or fast Naples. you doing nothing but hurting the moral here. Ifyou want protection, and great protection, which we provide, .just let us do it. That is all we want. Ed l{uegcl I think you made a point with Mr. Woolsey, and I happen to know the man From the Hoot 'Phis was cut out of the paper, I got this out of the paper and I will he happy to shoN% it to vou. ,2 I 6G1 19 From the floor. Did they get everything printed correctly? Inaudible to many people talking. Ed I luegel: The gentleman is here in the audience and I think he should have an opportunity to, if you care to Skip. If he cares to say anything, he is here. He is the one. Phil Popovici: I think what this line gentlemen is saying, is the volunteers have a genuine affinity For what they are doing and their hard work, to provide it service and I commend you and all the volunteers. What we are really looking for is it Ions term remedy. The ability fm you Bilks to say, Hey look, you volunteers, you have to provide your own family with your own income and lets go through that (inaudible). Could you be here, two people, twenty4bur hours a day, three hundred sixty -five clays a year, around the clock From the floor I can give you a for instance, on our volunteers, recently we were called I'm mutual aid to East Naples tier it structure fire at around tour o'clock in the morning. We showed up, there was, if I ant correct, six Volunteers, and two paid firefighters. And those weren't even our district that we responded to. Phil Popoyici. What is the frequency of that'' /1nd we can pull From the floor The volunteers that come in here now, they care, everybody just being around the other volunteers, we all want to do the hest we can do. And it is going to continue to he that way. And we are going to do whatever it takes to keep us together Ed I lucgel Is that the Elks Club fire that you are talkinr.; about" From the floor Yes sir, I and Ed I luegel 1Vas there it problem uith anybody ridirn_, over a hose? From the floor n Was there a problem, I don't know if it was a problem. But there was an incident that it did happen. I'd I luegel Was that a no no Front the floor. Yes, but there also in the defcnsiyc of the volunteers, there was no traffic control. OK, and you have, you can go oft any scene and N'orr Carl pick out the bad th►rlgs that everybody does No scene is perfect, ever. Ed l iucgel 1k as it it Saturday night') From the floor It was early Sunday ntornin`; Yes, It is complete chaos and you can si; there and knit pick every single call 71 Ed Huegel I'm not knit picking, I'nl just bring a point. From the flour. C'hief'Schank can tell you any fire scene or any body else's fire scene, that nothing goes perlect Inaudible Phil Popovici ll'the Isles of'C'apri Fire Control District contracts tilt hire with another paid tire control district, does that change vour ability to want to become involved here. From the floor May I. Phil Popovici No, I asking this gentlemen here, From the floor I do know, speaking liar nlvsclf. that I trained with Rod and Dave, and they kno%% Meat I can do, and what other volunteers can do We haven't done anything wrong, why do we have to prove ourselves ;rll aver main" Phil Popovici I am not asking you that From the floor Would it change my mind" I don't know until it comes down to it. don't kno%%. I know a lot of'things are said, and then aren't done and vice versa, so Phil Popovict I'm saving that. I have a scenario. From the floor I can't answer that Phil Popm iei Can you answer that'' From the floor I would like to go right (kmil the line Because here vvc have ten people that can pro\ ide service, is that u0mu, to Chililue \.our ahility to \ %ant to come on and help the community. fight fires, get micracti\e in a fire dcp;rrt►imit I think we should all know folks. I think ever-\•hodv should ans�ker it Cause your the volunteers A lot of'people talking at one troll' From the floor If I play I come tram a background where I was a union paid firefighter had been a volunteer firefighter flor eleven years, I come in this department with over t�%o thousand hours of training and eleven years of on the jot) fire fighting specs. I just went through this situation up North beforc I moved do% %n here, and I'll tell you happens, and its nothing against union, non - union, volunteer, or anybody And please, correct [lie if I am wrong Chiet: both of'you :end any other members front East Naples here. What happens is hecause you have w o people here I'ull bore, you take a%vay persay a percentage of runs that tilt: volunteers don't make anymore You don't make auto accidents, you make medical Calls, you don't make car fire.. you don't make boat runs, you make structure tires long draw out incidents, because most of the time, if I'm at home and I 111.'C 74 16G1 on %Mainsail, I live close. If I'm at home at two- thirty in the morning and we have a coed call, or it brat call, or an auto accident, or a car fire. Irmo they don't count on me, because the }' have two people here, they have two people at fast Naples. They arc going to cover that run There is no reason fimr rile to get out of* my bed, and get my hunker gear on and start coming towards the station, because I know there are two people here, and two people up the street. Your going to get four people. That is all you need. You only need two people on most of those types of incidents On a structure fire, yea when your going to be up for three, loth, five, six hours. I'm going to get up. But what happens, over it period of time. and please correct rile, You have been a volunteer, you know what I'm saving. What happens is, instead oFinaking 80% of the calls now, I rnake 20% of the calls. And eventually, I'm still giving up 'Thursday nights for training. Every Thursday night I come in for training I go what the hell am I doing here. I'm not doing any thing. I'm not makinu any fire runs. I make two, three, four structure fires a year maybe. But vet I'm giving up every Thursday night (Willy life to be it member of a lire department that I don't get t•m do anything on that department. Now you do get to light fires, but you don't get to make the nuns Unless you are here in the station when the nin comes in. And if'your going to do that. you go fimr it paid position. I own my own company. moved my company from Kentucky to here I don't want a paid position. I want to be a Volunteer firefighter I was it recruiting director I was a training oflicer They have my training records to hack it up I have been around this and I know what's coming here. I know %khat's corvine It happens, it just happens. End of Side 42 Tape 03 SIde al - TAPE; 44 From the floor I have a question, it is probably a loaded one, but what happens at the end of'the year'' If East Naples finds it isn't feasible. Isles of Capri finds it isn't feasible, are vdhole structure is lost and our volunteer program, and these volunteers are great, and they arc corning nut, but you know when Chris had his volunteer program and those pagers went those guys were there. You didn't know how bad that car crash was going to be. If it was going to create a fire, if you were going to have to cut through (inaudible), what you %Vere going to have to do. There is somebody always needed to direct traffic. There is always somebody needed to do other things there So if you went out and maybe you weren't needed. OK Mayhc you didn't have to he there and maybe you were needed. know many ot'times Glen has come back and descrihed what has gone on and I mean Chris had his volunteers that they could call if'thev were nut there in flull florce, and I think he can attest to that. And most of the time, there was a job fimr them, if it was to watch fimr the ambulance Direct traffic or do what ever. Let him answer my question how badly they were needed and how many were needed on a call From the floor One thing I would like to say, is. Mr Xigogiani:: You weren't recognized Ed I Iueucl YOU weren't recognized. Peter is the next one on line. 75 16G1 ° i From the floor; I apologize. Pete Kocik This has to do with the contact I low C'hiefSchank you have stated in (fie contract proposal that you anticipate 6o to SO ►I1►>vc ►ills. Chief Schank You know, that's a nunlher I can't predict that Pete Kocik But based on your calls last year, but had what, over 500 hundred calls. Chief Schank 60 is probably a filir number Pete Kocik Right, OK. Probably an old figure, so there is a good chance it can go up to right') Ed I fueyel (;ond chance, it could gn down too, Pete Depends on who has the stones in their hand. Pete Kocik OK. all right lets just said htl or St) estimated With that many calls that you have is goinv to call for move up Iron here to go up and fill in 23 Correct Chicf Schank The only time I'm looking liar a move up is if we have it fire where I have to move engine 23 out. Then I would ask filr a move up. Pete Kocik Your estimating (,O to So times Inaudihle - r1uht Ed I luegcl 13►1t then'v1arco moves up C'hict' Schank That's a number Pete. I can't Pete Kocik What I'm saying, is, hO to So times that the equipment and the men are going to he of), till.,; Idand So lets say. Chief Schank If that's what it is Pete Kocik Chief Rodriguez, how Illarly mile ha \e %�C moved up in the past Inaudihle to plane people talkie__ at one tiny Ed I lue-ueL Sure they do. Inaudihle, to nlally people talking_ at one time tZ 16GI ,44 Ed I- IUCLCI: Wait a minute. Lets hold it dawn. fete, you know if we, if our station moves up Marco is going to move in certain place. Pete Kocik: Wait a minute, we don't know about Marco, Ed. You can't say that, I)CCaU5C now. E:d I luegel: On a mutual aid basis they certainly will am I right, Bob" Chief Schank If this area is without protection. Pete Kocik Now you can't speak fir theltt Ed, you can't speak for Marco. Phil Popovici- Why don't you listen to the Chief'? Ed Htieucl. Why don't you listen to somebody that is in the business? Chief Schank Il'we are stripped down on this end. Marco moves tip, and I mean, in a second what we Lot right now, is a hack up to Marco is Capri. Pete Kocik: OK, but that still 60 to RO tinics were at, Chief Rodriguez, how many times do we -,o out and move up as it is now? How many times last year? Chief Rodriguez. I believe 15 times we have conducted mutual aid, Pete Kocik In a year" Chief Rodriguez: Yes Pete Kocik So were stepping, up OP to SO times. Chief Schank If, you know, you ask me liar a number, I gave you an arbitrary number. Pete Kocik: I understand that. Chief Schank When we call Capri to Illove. Pete Kocik: That's what is in your proposal. Chief Schank When we move up, it doesn't say 60 times, I don't believe it does. Pete Kocik Oh. yes. Chief Schank: If he has only moved up to our district 15 times, that's because we needed him 1; times 77 16G1'� Pete Kocik Ilow can you say, inaudible, without having a Med Com on the Island? That's GO to 80 times more. Ed I luegel Bill, Pete, under mutual aid Marcel Island has an obligation as well as they have an obligation to go to Marco. If Marco calls us we go there, and they move drn%n. Phil Popovici: Let's keep the conversations to the ones directed Isere, please folks. Pete Kocik No what I'm saying is that increases the response time waiting on Marco to conle over or it's got to he Marco then But that increases your response time again. Ed Hucgel Not really C'hiet'Schank You know, I pill up approximately 00 to 90 times, I don't know, you know it could anytime. Pete Kocik I'm just going by that Chief Schank I can appreciate that Ed I lueuel You made your point fete. you made you point Phil Popovici Yell, absolutel}'. Chief' Schank It's the only time you don't have protection, you know I mean, there's times my people don't have protection. From the floor: Just two things, one, I just want to straiLhten out the statistic's now that people keep using. I believe the statistic is SO% of 91 1 calls nn the Isles of Capri district and I think that number comes from the 9 1 1 dispatch and not the Marco (inaudible). I 'm not, I know that's the statistic SO0`n Of() I I calls are medical not 801 /„ oRinaudible) BLIt, that's, I just want to clear that up. But my question is fair Leo Leo, the 34 "' is two vyeeks away, and I know that as you say its tier the record on Tuesday, cause that is the date you intend to hying the East Naples proposal before the Board o1'C0u1l1y Commissioners? Leo Ochs Correct. From the floor Are you going to explore anv alternatives'' Are you going to look at anything" Or are you just going to go up there with zero alternatives? Ed I luegel What (lo we have? Leo Ochs: I have already, I have been directed by my Board and my County Administrator to bring the East Naples proposal forward and theyjust discuss this agai►, last Tuesday tiVhen you addressed it, and 1 thou-ht I hear them say that at that point they 1% 16GI 4 A will review the proposal and decide whether they want to consider additional alternatives or whether they don't. Phil Popovici: That's right. From the floor- That is what they said and so our intent, your intentions are to take it up there on the 24 "', put it before them like they requested to you. Phil Popovici: Providing we ratify this here first. Ed I-luegel: We got to have a chance to ratify it. YOU know probably tomorrow, before we get done. From the floor Inaudible see it go any ether way. Leo Ochs: That is my direction. From the floor. I understand. Phil Popovici: We have got to call this Ed Ffueeel Yes. Mr. Xigogianis. I mean its ten o'clock. Ed Huegel. I will take one last question. Alfred Luckerhauer: You said at times said when to take efTect right afler the Commissioners vote on it. July or Fiscal Year, or how should this position happen. Ed Iiuegel: It will happen as soon as the Board says they approve it and the contact is drawn between their attorney and the C'ountY AtlorfleY And. who knows, what ever time it is. Alfred Luckerhauer: Which tells to me again. it is a done deal, which was what you tried to see last year Your not going to claim the alternatives. It came out very very clear, that is an alternative was Marco which are willing.; to come in. I don't know what the proceeding will be... Ed Huegel. There is no alternative there Phil Popovici: Sir, I think you are miss 1116ormed Ed Huegel I think you pretty well answered. 79 1.6 GI 44 Alfred Luckerhaucr Its a done deal. Phil l'opovici I'Itl entertaining Ihat last (lucstimi We are done here folks. 1-co Ochs On the 24 "' it would he my intention. to hring tl)e C'hief's proposal which is really a concept, not a contract in front of the Board. Because, at that point they do decide they want additional allern;rtives explored we have not -9onc through the trnle and 01,01 -t ofactually getting a formalized contract, which lvlll take some considerable amount of tinge From the floor I would like to make this recommendation lot the record. Any, why don't you send it letter to Marco Island, take some heat offthe Board. Regardless, of their situation. regardless of whether they can turn in a viable proposal. L:d I luegcl Not I explained what I, wait it n)inute, wait it n►inutc, you asked me to do S omething I'm not one person. I've cone to the Board and laid the format out as to putting a proposal up for us to vote on. Whatever, and they didn't want to have a situation like that because of IhC, IherC is IM11111IL" m(mv,, with looking; at next year But this veal, I. 1'ete, I mean, Matt I have lived here lirr .+tt years I have been on this hoard I'm years We have gone through this bUtiInCSS now up to this point and all we are trying to do is to resolve it so that there is no, we go hack to Isles of Capri being a very relaxed happy conu)uutity again I lopefiully Phil POI) sic I V <ould like to entertain this Iasi clrresilmi and I mll make a motion %�,r table the open public discussion and look at the motion ofthc proposal. F(I I (ousel Who do you want to entertain Phil Popm ici Inaudible Front the floor Inaudible - comment that I have one final question, First ofall I would like to say, tier the firefighters, paramedics, FAIT's and e%C►-vone ofthe FATS persomic! want to say •'thank you, I k-lum this has been it yen. hard mo months Im vorr s,ttys, and I rCSpCCt and a,ln)irC all that you (io eyeryda\ and puffin`, \our life on the line and taking care of our satcty, fire rescue safety. I:\IS personnel, I really appreciate it, and I have seen how professional ". I would like to say all ofthls to the Fire Advisory Board, and hope that you really think about all of'the SuggCStions and points that were made tonight by the public, that you can see, are very well infi)rnted conulurrlity, ofwhich you are representing and I really hope that you Wll take to heart all the issues and really look at [his contract and really decide That I helie\e that \Ir Ochs was instructed by the Board of('ounty Commissioners to look at this contract Much was the same or better service Im the same or less cost If I'm wrong,, please correct n)e. %Ir Ochs Leo Ochs That is essentially ri--,ht s.1 16G1 r 4 From the floor So I Iutpe that everyone will consider that Ed NucLlel: We went to the County Commission, and asked them to help us. They, the five members that were on the Board hciore, we've got two new gentlemen on the Board. I don't even know how they are going to vote. Personally. But the point is that we went to them because we felt as if we had a problem. They listened to us and that was the proposal they came back to us and said, if you do this, do that, bring it to us and we will look at it. We don't make that decision. That is up to the County Commission only. It is up to us to ratify what we have here now and let's go on. Let's go on, 1 want to go home and have supper. Phil Popovici: I would like to make a motion we open From the floor I have a question. Phil Popovici She did. From the floor. If you would allow me one question Phil Popovici OK From the floor: My question is to C'hief'Schank is: Seeing all the road construction we have going on, on 951 from the corner of Capri Boulevard up to, up to passed Mainsail Drive all the way up. Would you predict the time frame would be from a call if'we have two fire fighters at Isles of Capri, if'Station 23, if'thcy provide support for the two Firefighters on Isles of Capri what would he the response time and would not mutual aid from Marco Island inaudible, before that the truck would be here. Chief Schank That is a hard question to answer: I don't know when this construction even is going start Ed Huegel. It's delayed another year. C'hicf Schank: The bottom line, the closest station response no matter what. From the floor OK, thank you, Phil Popovici I would like to motion we table the open discussion Ed Ffuegel: I will second. Phil Popovici: Do we have a vote on that. Motion passed 91 16 G 1 .-4 A Phil Popovici: I fas everyone seen the formal proposal'' I las everyone looked at this'? Jerry have you looked at this? Jerry Marinaro Yes, 1 have. Ed I luegel Does anybody have any questions about the proposal" Dexter Colvin: I do, first ofl, conittlu into this new, not seeing budget's before, I can't look at this and know. First ofd; I have word's like contractual S6,900. What is under contract" For me to be a Board member, and to take sides on this, 1 need to be able to bet that input. Ed Huegel. Bob, could you help me flor a moment' Dexter Colvin I see a S2,600 phone (till, that seems expensive to me, My question is - Is that for paters also? 131.111, again I should know what those are Ed Huetel: Let's take item, by ;tern. Dexter C'oMn: OK C'hief' Schank I don't have Ed I fuctcl I tot one right here. Dexter Colvin I'm taking at looking at Operating Cost that was proposed on the budget. Chief'Schank These are already fixed out ol'thc hudL'et. Dexter Colvin: OK, and I see something for Contractual, just as an Advisory Board, wonder %%-hat are we contracting, to who, to ktihat, and what is that I'hil Popovici: That is our tirll dollar amount uf'What is Ieli of-our budget. You mean 41,100. Dexter Colvin Yes, well then you conic do�tn and it says contractual S0�,800. What are WC contracting for" Then I come down and Ed Huetel Let's take one at a time. Len could probably C'hicf Schank I have my proposal but mine is just gencraliration. He's bon the Phil Popoyici IS that what you used to tOrmlllate this C'hief'Schank Yell. I took the numbers front that x2 16G1 ; , Phil Popovici. So I guCSS the question here is this. The numbers that you utilized for your Chief Rodriguez. Contractual Services, is is what we used for as far as when we were paying Pat Pschigoda that's what the used to get that money f nom Pagers, if we had to had some type of repair done by an outside person, that we had to contract with that is where that money would come from. Other Contractual Services. Ed Huegel Is there sufficient money in the budget. To take care of what has gone on in the past with the S6,800 backs. Phil Popovici Is that a fair number? Chief' Rodriguez That is what we have always kept it had on or about that. Dexter Colvin Then we go to another item, main. Computer equipment. I don't know why we have Ed HLICUcl That is a type O Dexter Colvin OK, well 1 need factual stuff ilor me to be voting on, I don't need type O's. Chief Rodriguez. That is the new so() ;Vega -hertz radio's that we had to purchase and we are making, S5,200 payments on that a year, until we pay it off Dexter Culvir OK Inaudible - So, how rnuch is o \+cd on that. ('hief Rodriguez l believe we have it couple of'more years on that. Phil Popovici: So, it's debt services then Leo Ochs: That is not discretionary, at this point. Dexter Colvin And, then I look at the vehicle payment, and I understand in one month, this SI3,000 will be wiped otThere entirely. So it's almost a non- relevant number to be in here, for me to he looking at, cause that is S 13,000 that's not really in the budget. Ed Huegel: That's this years budget. Dexter Colvin: OK Leo Ochs It is it budget item u; 16G1 Dexter Colvin: Now back to, you knew this is kind of like tinder new business, old business, it all fell under this so I can brim in up at this point. As I look at our whole purpose of being here. There is only two purposes. To advise the County Commissioners and to sit up a budget type thing. And for rile to see these numbers all of a sudden, just you know days before and not be able to look on anything more. I have a little bit of accounting and I need to see all of these numbers where things are being compiled from. I need to see where expenses are going, I understand we have a paid volunteer staff, I have never seen it breakdown at all ofthe. Ed liuegeF No more Phil Popovici That is what we have been asking fl or. for a long time. Dexter Colvin- OK, and until I can see actual numbers it's hard for me to make it recommendation un, is this it feasible contract. I don't know Phil Popovici I guess wltal }ou just mentioned especially, with regard to vehicle payment, that would mean for Fiscal Year 1999, Ed Huegel: 98. Phil Popovici: 98. That's right. There is going to he a S 1 1.000 surplus the next year. Ed fiuegel Surplus the next year, either goes into surplus or whatever. Phil Popovici: That's what I mean surplus, I don't kno%% if'it is going to be surplus. Funds to be utilized in other areas Chief Rodriguez. It won't be under• that line item. That is what he is trying to say. It won't be under that line item. I'hil Popovici Which leads me to believe. the S 14 1.3 O is really an overstatement. Ed Huetel Not this year. Phil Popovici. Not this year, but what I'm tryin- to tell you is there is much more room involved in here. Which makes it it little more ellicacy liar this gentleman. Dexter Colvin I think so. Phil Popovici: When trying to work within our budgetary constraints. S4 16G1 A Leo Ochs: When you go, ho. Let me just give you a point of reference. In the contract for Personnel Services the proposal is 59'000- The balance would be Operating, which would be $42,300. For a total of$141,300, Ed Huegel OK, sure. Leo Ochs In your current hudgct, vom ,Appropriation Aix Personnel is $77,100. Your Operating Expenses and your S5206 Capital Outlay which would be your balance. OK, plus you have a transfer payment to the tax collector, for doing your tax collection work. OK You add those together and you sitting at about $65 to $66,000. So, it looks to me what the Chief is doing to get the manning that he wants done here, is moving some of the money that you have currently in Operating into Personnel and conversely reducing his Operating to what, in this year is about sixty -five down to forty -two. So, he is in a sense moving, hecaU5C he's saving the Operating hCCaLJSe you have a one time payment of S 13,000 you have an $9.000 one tine payment for a large repair hill this year. Those are the kinds of Operating Expenses you won't have next year, that will allow him to move that into Personnel Services, to keep your budget basically where your millage rate is. Ed Ilucgel And that would he a situation that the Board Leo Ochs That is essentially what your doing. right? Ed I fuegel Would sit and work out with C'hiel' Schank, because you would have a new Chief" that he would give you a budget that you would work with. Leo Ochs Nly point is Ed l luegel: Alier we would sit and go over with who ever is on the Board. Leo Ochs My point is don't look at that S 1 3,000 as found ntonev, because that Phil Popovici Right. it has got to he utilized somewhere. Leo Ochs The bottom line is still vori need a S 14 1, 100 at least to make it work. Dexter Colvin: I can let go ofall ofthis at this point, liar fixture reference, where can I obtain records of'numbers to look at fir• fixture references to you know, for next years that is something I will, is that normally located in this building, or is this something in a County building up town? Leo Ochs: You can get it right here, tier you. Chief Rodriguez: You can get it cithcr but it's easier to get it here, because I get it every three months. I get a copy ofthe actual hud`_et �61h all the line items, every three months, I receive the green bar. Xi 16G1 i j. Ed Huegel And, we asked for the up datings quicker, I1ecaUse we wanted to try to Set our budget together for next year. Leo Ochs: We can do that, Chief Schank Here are some ol'the things we found in the line items, that we thought we could do without. It is all tabulated to an approximate amount of'numbers, I guess it is budget of'tools. I'm $200 over here on line that doesn't balance and we talked about this two weeks ago. It had to do with urtil'6rrms, it's my job to make sure, you know we find that S20() somewhere. Phil Popovici. Any other discussion issues, any areas here, I mean I have read this over a number of times. time and time again. Dexter Colvin. I think it has been hashed about as much as it can he. Phil PoPovici Ifthat's the case I would like to snake the motion. That the Isles of Capri Fire Board accept this formal proposal and ratifyy it and ask our Collier County Commissioners to consider this and work with Gast ,Naples to Put together a formal contract Ed HUCLCI I will second it Ed I lucuel Let's have discussion %1r n,opams What does this (1o' Lco. this then _oes to the Commissioners" Leo Ochs )'CS sir Ed HueLCI Yes Leo Ochs Yes Phil Popovici Thev make the decision. Chris Mr Muoulinis What happens on the fourteenth? Ed I- luegel Sep enteenth. i'1r. tigogianis. Seventeenth? Leo Ochs, The seventeenth is a separate discussion the Board wants to have about what there continuing, role will he in the Provision office services in the two dependent fire M 16G1 districts that they currently have jurisdiction aver. Isles of Capri being one, and Ochopee District the other. Ms. Xigogianis: Will that have any effect on what we are going now? Leo Ochs: Potentially. Phil Popovici: I mean, its a close call, it could go anyway. Might do nothing. Leo Ochs: I mean, they may choose to remain the way it is, they may encourage the voters to have a referendum to determine if they want to be independent. h1r. Xigogianis You don't have any thoughts as to whether we should wait until after that meeting. Leo Ochs- We are going to wait until after that meeting. Ed Huegel it will be presented after, but we don't have a meeting again, and I'm riot going to be here tier a couple of weeks Leo Ochs. Yes. I don't think you need to defer your decision tonight, on, because one of their options could be to do this. C'oulcl he to remain jurisdiction over the dependent district, but contract the operation out Which is essentially what you are proposing. Jerry Marinaro Or it could be to do nothing. Leo Ochs ties Ed FILiegel Cause it's not broke. Jerry Marinaro I would second the Ed I-IueLCI Any other discussion on it Phil Popovici End ot'discussion. Dexter Colvin As I understand this motion, we are simply motioning for the County C'ommissioncrs to make their evaluation ofNvhat we are presenting Phil Popovici We proving what we got merit here, inaudible, so they call crunch it all out, look at all the decisions, what look at this first, see if its going to work, put the attorneys together, if it doesn't let them C0171C up with something else. Whatever. So that is what 1'171 motioning. I.:d I Iucgcl. 1Vc have a motion, and a second. s7 16G1 .4 Jerry Marinaro: Well, we also had that we wanted to see the contract, if one was drawn up. Ed Huegel Absolutely Jerry Marinaro: Yes, but it has happen before where we haven't seen the contract after it's been brought up. Ed Huegel: At least, show that the voters can look at something, a finished contract before it goes to the Board, Phil Popovici: I have a question. Ed Huegel: for approval, if they are approving it, that we can at least look at it and say we agree, no we don't agree. Inaudible We would like to have somcthinr.; in here Ed Huegel. Bob, we would like to have sorncthin,, in here Jerry Marinaro: Because we would like to see and make sure what we thought was going to be in this, your Board would too. Phil PopovIcF Befiore anything is endorsed and done we would love to have art opportunity to look at this. Call us, whatever, anything %Vejust want to see, because these folks are relying on all of us. Dexter Colvl:v There is nothing mentioned in this I believe abcwt you know, either party, one year down the road. Not liking the set up. Phil Popovici: I mean their are some things involved in here Ed Hucgel ''hat's why we talked about that. Jerry Marinaro. That's why we need a preliminarN. Dexter Colvin. I understand. Chief Schank We are not proposing to the County, it'll should go to the point where the County says this sounds pretty good, I have to get hack to Leo, and his Advisory Board Phil Popovici You got to remember although we arc accepting- this as a formal proposal, the attorneys, back and forth, can take the basis of this, but can change some of the substance for a legally binding. 1bGI Jerry Marinaro: This could become a fifty page contract. Phil Popovici: It's going to be like that. Dexter Colvin: I understand. Leo Ochs You can rest assured, that the final contract document will come back here tar review by this Advisory Board, before, and I think I'll speak Cor the Chief, before either one of us recommends it to our .. Ed Huegel: And enough time to have a regular ineeting. Mr. Xigogianis: Will we have another vote at that time, or will.. Leo Ochs: If there is something in the terms that you don't like, you can certainly make that notice to the Commission Ed Huegel 1'0 say Phil Popovici: Recommendations to the County Commissions, saying we don't think its in the best interest of our community. Whatcver it may he. Or we think it's the best thing since. .. Ed Huegel There is a motion on the floor and its been second. Phil Popovici Motion second, let's vote. Ed Huegel R Jerry Marinaro All in favor Dexter Colvin: Aye Phil Popovici Aye Mr. Xigogianis: Aye Jerry ,Marinaro Aye Ed Huegel: Aye Any opposed: (silence) Ed Huegel: Any opposed: (silence) Phil Popovici Motion passed unanitttously 10 Inaudible to many people talking at one time. Motion to Adjourn: Meeting adjourn: Re ectfully submitted - L_V_� Barbara Brown Emergency Services Secretary 90 16G1 I t RECFdj kD*4 Lely Go� Estates Beautification Advisory CoViVeoe MAR 9 1998 Minutes — Meeting of February 13, 1998 County `oMM,,,ioners 16G1109 SUMMARY OF MOTIONS AND RECOMMENDATIONS: 4. Minutes of January 9, 1998: Bob Cole moved to accept the minutes as presented; seconded by Al LePain and carried unanimously. 5. LANDSCAPE MAINTENANCE REPORT C. Bob Cole expressed his concern about the frequency of the mowing schedule. The contract calls for mowing every other week with the alternate week for weed control mike McGee recommended mowing and weeding every week until conditions are under control. Norris Hancock Constantine Mac'Kie Berry f4isc. Co►rep: rp 6e lte . m?` /(a ``7711 Copics To: o 16(; Lely Gold Estates Beaut fieatioll Advisory Committee AjendR - March 13, 1998 1. Nieeting called to order 2. Roll Call 3. Approval of Minutes - Nleeting of February 13, 1998 4. Landscape Maintenance Report - Advanced Lawn & Landscape 3. Landscape Architect's Report - Mike McGee G. Transportation Administration Services Report - Val Prince 7. Committee Members' Reports: ' George Pearson Bob Cole Bob Wevers Al LePain 8. Old Business 9. New Business 10. Adjournment Next Meeting: April 10 1998, 4:00 p.m. @ Collier County Courth(W -w Complex, Facilities Management Conference Room 111 Lely GoI Estates Beaut fieationi Advisory Committee Minutes — Meeting of February 13, 1998 1. Meeting called to order at 4:00 p.m. 2. Location — Facilities Management, Conference Room 111. 3. Attendance Taken: Present - George Pearson, Al LePain, Robert Weyers. Robert Cole, members; Val Prince, Transportation Administrative Services; Mike McGee, McGee & Associates; Ken Ball, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. 4. Minutes of January 9, 1998: Bob Cole moved to accept the minutes as presented; seconded by Al LePain and carried unanimously. 5. LANDSCAPE MAINTENANCE REPORT A. Ken Ball advised that the bushes have been trimmed: Top Notch has sprayed the sod and plants for weeds and followed up again this week: the valve boxes have been cleaned: Bill Confoy will procure the valve box cover: additional mulch will be applied to the monuments on Baltusrol. B. George Pearson requested attention be paid to the weed problem at the rear of the monuments: additional treatment may be needed. He also noted problems on St. Andrews. The additional rain is problematic so more time will be allowed before advanced Lawn and Landscape utilizes another vendor. C. Bob Cole expressed his concern about the frequency of the mowing schedule. The contract calls for mowing every other week with the alternate week for weed control. Mike McGee recommended mowing and weeding every week until conditions are under control. 6. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee met with the landscape maintenance contractor at the beginning of the month and they will meet again next month to evaluate the situation. 7. TRANSPORTATION SERVICES REPORT A. Val Prince distributed copies of the budget status dated February 1998. A new format is being utilized and the committee was pleased with outcome. B. Val will check on how the S20.000 loan will be repaid. 16 G I %A 'I 8. NEW BUSINESS A. George informed the group that the tips of the medians were painted with reflective paint. He will send a letter of appreciation to Capp Breeden. the Traffic Operations Supervisor of the Transportation Department. B. Two of the jack and bores for the effluent line have been performed: Val will continue to follow up with Westcoast for an estimate for the tie -in and the Utilities Department. C. There was some discussion regarding the repairs to the stucco and refurbishment of the signs. George Pearson will speak with an instructor at the VoTech about helping with the work. D. Bob Cole reported that the at the Lely Civic Association Annual Meeting there was mention of having the condos join the homeowners association for the purpose of abolishing the M.S.T.U. and taking over the maintenance of the medians. E. George Pearson mentioned the beautification of Rattlesnake Hammock Road and suggested that a sub - committee be formed to contact the condo owners. Bob Cole spoke with the president of the East Naples Civic Association and suggested writing to the Board of County Commissioners. F. Val Prince advised that Dave Bobanick will be leaving his county position on March 13. G. Val will prepare a draft of the upcoming budget; the committee agreed to stay with the 1.5 millage until the loan is repaid. H. Mike McGee requested a letter of recommendation for an RFP. Georce will prepare a letter. As there was no further business to discuss. the meeting was adjourned at 5:15 p.m. The next meeting has been scheduled for March 13. 1998 at 4:00 p.m. in the Facilities Management Conference Room 111. 16G1 ,4% Lely Golf Estates Beautification Advisory 4vmnlr, Minutes — Meeting of March 13, 1998 LIAR 3 0 1998 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 4. Minutes of February 13, 1998 - Correct 5C to read: Mike McGee recommended servicing and weeding every week until conditions are under control; delete paragraph 8A. Bob Cole moved to accept the minutes as amended; seconded by Al LePain and carried unanimously. 5. LANDSCAPE MAINTENANCE REPORT B. Val advised that there was a lightning strike that affected the main box and, until it is repaired, the system will have to be operated manually. Copies of findings by Porous Pipe were distributed. Mike McGee requested that Ken send someone out every Monday, Wednesday, and Friday until it is repaired. 7. TRANSPORTATION SERVICES REPORT A. Val advised that the plant replacement pricing is not as specified in the contract. He has requested that Advantage resubmit showing the quantity and unit pricing per the contract. To avoid further delay, George Pearson made a motion authorizing the expenditure of up to S2500 for the labor and materials; seconded by Bob Cole and carried unanimously. E. There was a brief discussion regarding the two monuments at Baltusrol. Since they are no longer needed, Al LePain made a motion authorizing their removal; seconded by George Pearson and carried unanimously. F. Copies of the budget status dated March, 1998 were distributed and reviewed. After a lengthy discussion regarding next year's budget. Al LePain made a motion to keep the current maximum millage; seconded by Bob Weyers and carried unanimously. Morris Hancock Constantin Mac'Kis Berry Misc. Corres: / Z� Date: Itemp Copies io: 16GI46 Lely Gold Estates Beautification Advisory Committee Ajo a - Ayril 10, 1993 1. Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of March 13, 1998 4. Landscape Maintenance Report - Advanced Lawn & Landscape S. Landscape Architect's Report - Mike McGee 6. Transportation Administration Services Report - Val Prince 7. Committee Members' Reports: George Pearson ' Bob Cole Bob Weyers Al LePain 8. Old Business 9. New Business 10. Adjournment Next Meeting: 4:00 p.m., May 8, 1998 Q Collier County Courthouse Complex, Facilities Management Conference Room 111 16GI Lely Golf Estates Beautification Advisory Committee Minutes — Meeting of March 13, 1998 1. Meeting called to order at 4:00 p.m. 2. Location — Facilities Management, Conference Room 111. 3. Attendance Taken: Present - Al LePain, Robert Weyers, Robert Cole, George Pearson (4:20), members; Val Prince, Transportation Administrative Services; Mike McGee, McGee & Associates; Ken Ball, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. 4. Minutes of February 13, 1998 - Correct 5C to read: Mike McGee recommended servicing and weeding every week until conditions are under control; delete paragraph 8A. Bob Cole moved to accept the minutes as amended; seconded by Al LePain and carried unanimously. ,. LANDSCAPE MAINTENANCE REPORT A. Ken Ball reported that the weeds are now under control, most of the pruning has been done, the valve box has been repaired, the monument on Baltustrol has been mulched, the palms have been trimmed, the bougainvillea has been reshaped, and roundup is being applied at every service where needed. Fetilization will take place shortly. B. Val advised that there was a lightning strike that affected the main box and. until it is repaired, the system will have to be operated manually. Copies of findings by Porous Pipe were distributed. Mike McGee requested that Ken send someone out every Monday, Wednesday, and Friday until it is repaired. 6. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee advised that the dollar weeds are starting to die off and some resodding will need to be done. 7. TRANSPORTATION SERVICES REPORT A. Val advised that the plant replacement pricing is not as specified in the contract. He has requested that Advantage resubmit showing the quantity and unit pricing per the contract. To avoid further delay, George Pearson made a motion authorizing the expenditure of up to S2500 for the labor and materials; seconded by Bob Cole and carried unanimously. 16G 1 B. There was some discussion regarding improvements at the U.S. 41 entrance; Val will obtain quotes. C. George requested that the county refurbish the sprinkler and timer enclosure at US 41. Val will get some information. D. Mr. Prince gave an update on the effluent line. The sleeves are in; West Florida Sprinklers will be providing him with a price to run the 2 -'/2 " line from the water plant to the median. Mike faxed Bob Casey, the re -use coordinator for Wastewater Management, the HMA letter, which shows the pump size and what will be needed. E. There was a brief discussion regarding the two monuments at Baltusrol. Since they are no longer needed, Al LePain made a motion authorizing their removal; seconded by George Pearson and carried unanimously. F. Copies of the budget status dated March, 1998 were distributed and reviewed. After a lengthy discussion regarding next year's budget, Al LePain made a motion to keep the current maximum millage; seconded by Bob Weyers and carried unanimously. G. Val advised that the fiscal clerk has not yet been able to obtain an answer on when the loan will be paid back. 8. NEW BUSINESS A. George Pearson requested that a letter of appreciation be sent to Mr. Bill Berg of the Hibiscus Golf Course for planting flowerbeds that enhanced Rattlesnake Hammock Road. B. Mike McGee advised that his contract would be expiring in June. Some procedures may change regarding the award of the RFP. C. Bob Cole suggested that the committee members visit the condos to try to procure another member. As there was no further business to discuss, the meeting was adjourned at 5:20 p.m. The next meeting has been scheduled for April 10, 1998 at 4:00 p.m. in the Facilities Management Conference Room 111. Lon es To. Napics, Florida, February 18, 1998 16G1 *% MAR 2 6 1998 Board of County Commissioners LET IT BE KNOWN, that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Syd Mellinger VICE-CHAIR: Jaculyn Dering Sabina Musci Doris Lewis ALSO PRESENT: John W. Jones, Library Director Frank Cullen, Pres., Fricnds of the Library Luz Pietri, Sr. Secretary APPROVAL OF MINUTES Mrs. Mellinger noted an error in the minutes of January 28, 1998, on Page Two, under Unfinished Business which read in part that `The Marco Island Woman's Club had donated $500 for plants. It was the Calusa Garden Club. Mrs. Lewis moved, seconded by Mrs. Dering and carried unanimously, that the minutes be approved as corrected. Due to a confusion as to the meeting date, Mrs. Mellinger thanked all the members for attending the meeting on such short notice. REPORTS OF OFFICERS - None COMMUNICATIONS - None UNFINISHED BUSINESS In reference to the Marco Island Library, Mrs. Mellinger stated that a dedication ceremony will be held on March 30, 1998 at 10:00 a.m. In reference to the Regional Library site, Mr. Jones reported that the site located near the intersection of Immokalee Road and Livingston Road is the preferred location for the Regional Library. Mr. Jones asked for a vote of support from the Library Board to buy this piece of land. Mrs. Mellinger asked for a motion to support Mr. Jones' decision. Mrs. Lewis moved, with Mrs. Dering seconding the motion. It carried. / Morris Hancock ..j Constantine ✓ MAC'Kte I/ Berry 16GI The Board reviewed the nominations that were submitted for the selection of the Library's Employee of the Month. Mrs. Dering moved, seconded by Mrs. Lewis and carried unanimously, to select Denise McMahon as Employee of the Month for February 1998. Mr. Jones handed out copies of a proposal he is submitting in which lie is requesting that the County allow him to discontinue the services provided by the County's I.T. Department and allow the Library to hire an independent company to handle our data system. This would enable the Library to give patrons and library staff more efficient data service. NEW BUSINESS A Proclamation honoring Jess Nettles for 10 years of service to the County was presented to the Board for approval. Ms. Musci moved, seconded by Mrs. Lewis and carried unanimously, to approve the proclamation as submitted. GENERAL CONSIDERATIONS - None DIRECTOR'S REPORT Mr. Jones reported that there will be a Book Sale at the Main Library on February 27, 28, and March 1 ". REPORT OF THE FRIENDS Mr. Cullen reported that the Friends have purchased a second computer as a back -up. He also reported that the art exhibits were received with mixed reviews. Various art groups in town have been approached to work with the Friends in order to come up with more interesting and varied exhibits. Lastly, he stated that the March/April newsletter will be dedicated to the Marco Island Branch. ADJOURNMENT 1bG1", There being no further business to come before the Library Advisory Board, Mrs. Dering moved, seconded by Mrs. Lewis and carried unanimously, that the meeting be adjourned. Time: 2:55 p.m. 16GI41% DIRECTOR'S REPORT March 18, 1998 Festival of the Humanities The Festival was a success this year. Over 2,000 citizens attended the 18 programs and gross ticket sales approached $12,000.00. Marco Island The facility opened to the public on March 2 "d. The first day over 1,500 people visited checking out over 5,000 items. The formal dedication of the building is scheduled for March 30' at 10:00 a.m. Northern Regional The purchase of the first tract of land (2.9 acres) is entering its final stage. The owners have agreed on the price ($70,000.00). The title has already been cleared and we only await the environmental study. The second tract of land (2.8 acres) is in the negotiation stage. All indicators at this time are positive. Staff Both Betsy Gaw and Jess Nettles have retired. We have already put permanent replacements at the two locations. Carmen Ruiz is at the Estates and Jane Martin is at the East Naples Branch. One new staff member is been added to the Reference Department. He is David Chalik. We are in the process of hiring a new Headquarters Children's Librarian. She is Heidi Larison. This leaves us with one professional vacancy. It is the Extension Children's Librarian. Mrs. Norris is now reviewing 5 applications for that position. Special Merit Recipients for March The following employees have received special merit awards for the month of March: I. Elizabeth Nagengast -Head of Reference - HQ - $1,000.00 2. Carol Mitchell, Sr. Library Assistant -Marco - $1,000.00 16G I "-% 3. Pat Jacoby, Circulation Dept. - HQ - $500.00 4. Kelly Pierson, Technical Services - HQ - $500.00 5. Susan Peck, Administration - HQ - $500.00 Public Library Association Meeting I. Attendees: John W. Jones, M. Matthes, M. Norris, E. Nagengast, P. Moore. 2. 7' of snow and wind chill of 20 degrees 3. Nothing else needs to be said! Classification Title Chanize Marilyn Matthes' job title is now Assistant Library Director. The official title change was approved by the County Administrator last month. 16G1 Q#' �. RECEIVED MAR 9 1998 OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD JANUARY 5, 1998 IN THE EVERGLADES CITY COMMUNITY tifG�TRji County Commissioners In attendance were the following: Charles Reynolds, Chairman Tony Brock, Advisory Board Member Ken Omer, Advisory Board Member Michael Hart, Advisory Board Member Arita Hoffman Parker Mildred Garring Mamie Gentry Robert Smith Fran TifR Karen Merrill Vivian Storey Kathleen De Jesus Diane Ridgway Steven Hill See Attached Sign in Sheet some of the signatures I could not determine. The meeting came to order at 7PM. Chairman Charles Reynolds set out the rules for tftc meeting because of the number of people present. Charles Reynolds asked the paid Firefighters that had attended this meeting if they had something to say. Tony Brock stated that anything that the Firefighters said would not be held against them. He said the Board needed to know how they felt before they could make a decision concerning them for their benefit. Raymond Schneider said the moral is bad and people are leaving like flies. Fie cannot stand it, we should go independent or East Naples. Tony Brock asked Raymond Schneider if this was since Vince Doerr left. Raymond Schneider said yes. fie added that people are afraid to speak. Ray Lemacks wanted Tony Brock to clarify as to what he was asking of the paid personnel as far as input. Tony Brock asked Ray Lemacks if he thought they were better off now than before Vince Doerr Iefl. Do you feel your job is secure? Some one replied no. Kent Omer stated that he feels since the union has been brought in here that you people do not have a negotiating element with out some kind of union representative to make your position stronger. Ray Lemacks stated that they have it but that there is no union representative here tonight. I was not apprised as to what this meeting was about. Kent Omer stated that the Advisory Board could make a recommendation to the County Commission to try and change the bad f, jngs with the representation you have now. Misc. Ct)f es: Norris Pagel Hancock Date: 2 Constantine __- - Mac 'X ie ItemP Berry ✓ - W n_ - . I� • . •74 w! i Cil f. -- �. 7 �.. ♦ _ • Vim^ C�7 �t Y I� • . •74 w! 16 G 111410. Charlie Reynolds ,aid in other words if we do not know how you fellows feel we cannot come to anv conclusion about anything. Tony Brock stated that if you arc happy with your position than we don't have to be here. Ray Lemacks said he did not know how to respond to that and there were extenuating circumstances that go to a lot of things that arc involved here tonight. A lot of concerns of the people in the community, a lot of concerns with you guys, a lot of concerns from us as employees. I am not sure on what you are asking for. Tony Brock said he was going to speak for the board and he felt he was speaking for everyone present. We do not think anything was wrong with this Department before Vince left. There were some minor problems as there is in every Department I am sure. We have come to know you guys we appreciate your abilities we appreciate you being here for this community and for this area if you are unhappy we want to know about it. We are behind you guys and we want you to stay here. We are with you which ever way you want to go. Ray Lemacks stated the bring in of the union was because of not being able to have a voice heard, not just heard but respected for the jobs that we do. We work for you people here in this room. Our concerns for the people go further than just having a job. Our concerns arc our personal safety, the safety of our community and safety of everyone who passes through it. There has been concern in the past, we as the group, or the union, which ever you prefer to use, concerned us to a point were we addressed he issues but they fell on deaf ears that is why we joined the union. At that point things got sticky so to speak, some misunderstandings and something's that are probably in the process of being negotiation now. It concerns everybody the whole ball of wax that is in the room here and with Chief Doerr stepping down was a surprise to us all. Lt. Spaulding retiring surprised us. Andy stepping down, not so much surprise us, but we hated to see Andy go, he was a great asset to this community so was Tim, so was Vince. These are all things that surprised us and took the wind out of our sails. That is why I hope you understand that this meeting here tonight I know what you arc trying to ask , I am not sure I am answering your questions or not. I don't think that by going off and saying things that are without validity is not the right way to do it either. We all have concerns as employees, most of these concerns deal with personal safety. We understand the limits of the budget and the limits of the community. We do not feel our limits have been Addressed in a proper way that's why we felt it necessary to have a union so that issues can be addressed. The concerns are not.just one item, it is a bunch of different things, I am sure that at one time or another you have hear you see what is going on, you see what's here that is why we are here tonight. Fran Tiffs said reprimands were handed down to the two fireman who spoke to the Board the last time, she does not blame these guys for not opening their mouths. Page 16GI Diane Flagg began to speak, and Arita Parker asked who she was. Diane identified herself and began to speak again. She thinks it is important that the Advisory Board be kept advised of any changes, as she told the three Fire Personnel she met with, there are not going to be any changes. The only need for change is if the law dictates it, you the Advisory Board or Community dictates it. She said the three Firefighters expressed a concern about their jobs, she did not understand where that was coming from. There has been no discussion in reference to that, they are doing a great job, the Community is obviously very happy with them. There are no plans to do anything, just more of a fear of the unknown than an actual, in regards to anything specific. She is going to schedule sometime later to meet with the balance of the 6Toup. To kind of get an understanding of what their concerns were. Because there should he no reason to be concerned. There is a representative in Firefighter Lemacks who is the union president who does represent their issues in a very formalized process. One of the biggest issues, is they would like to increase the amount of people on duty on any given day from 2 to 3 or more. As you all know as businessmen you constantly weigh the amount of dollars available, how much you have to spend. East Naples wants Port of the Islands, because this area will develop as a cash flow for this District, in time those funds will greatly help in time funding the services provided to the rest of us here. She wants to reassure the Fire Personnel that there is no need to be concerned, their goal is to serve the Community and working together as a team. Tony [crock said the rumor is that you have taken over Isle of Capri Fire Department. Diane Flagg said no, there were four part time Firefighters, one got a full time job, one had to meet certain criteria and he chose not to. There are Iwo still there. The one Firefighwr who did not want to meet the minimal requirement is a Deputy and Volunteers for the Department. They have steadily increased the numbers of Volunteers up to 18 or 19. This is something she is interested in working with the group here, there used to be a big volunteer force of 15 to 18 now it is just a couple. Tony Brock asked if all their Volunteers were from Isle of Capri. Diane Flagg said that three of the 18 Volunteers were from Isle of Capri. She said because housing is so expensive, that is why few volunteers live there also the average resident's age is such they arc not interested in being a volunteer. however, they are involved in the Department. Tony Brock asked if she thought it would be practical for us to have volunteers from Naples. Diane Flagg said no, that there is an interest in the Community and that along with Mike Hart they are in the process of developing a good strong Volunteer Program. Tonv Brock said the reason we used to have a good Volunteer force is because the guys thought they would have a good chance ofgetting on full time, when they found out they couldn't they left. Diane Flagg stated that it is up to all of us to get the young people who would be interested in a career in emergency services to get them trained and qualified to achieve that. We have done this in other areas of the Community, she asked Mayor Hamilton to see if he would assist in developing scholarships or funding for some local people who are interested in pursuing an emergency services, that we will provide the mentoring opportunity. If they were interested in fire, they would assign them some one to be their mentor who would help them get through school and help them become the most qualified person if they are interested in medicine we will do the same thing. She went on to say they have an employee now that started with them in this kind of program. That is something she has always felt very strongly about and she would like to work with the advisory board and the Community to develop and offer that opportunity to the young people. Page 3 16GI tt Tony Brock asked why this had not been done 4 or 5 years ago Diane Flagg said she did not know why. Mike Hart said in the past they would hire a Volunteer and then with in the first year they would send them to fire college to become certified. Now this cannot be done anymore due to budget restraints. We can assure you we can find some body to send these young people to school, but we need a commitment from Collier County in writing that says if we send these people to school and that they are qualified that they will get the position. Diane Flagg said they would assign them a mentor and it will be their job to make sure they are the most qualified. We would assign them a mentor and their job will be to make sure they are the most qualified. You have the resources right here. We are obligated to provide you with the most qualified personnel but we can all work together to make sure that the young people in the Community have the opportunity to become the most qualified. A lady commented that the last time there were qualified Volunteers but they hired from outside the area any wa%. Diane Flagg said the last time there was no one qualified and the time before that was seven years ago I can't answer what happened seven years ago. Paul Wilson said both the gentlemen who were questioned about moving to this area said they would, the one who did get the job elected not to move to this area and he is protected by law. Diane Flagg once again said the last time there was no one from the area having the minimum requirements for the position. She feels they need to work towards changing that by making sure those locally that are interested in an emergency services career receive the appropriate training by working with the units, with the professionals so that they can move forward in the future. It is her understanding that there arc several here that are interested in pursing that. So far one has been helped to get into fire school, he will be starting next week and will soon be a volunteer with the District. She was speaking about Calib Morris. She said sometimes the funding is a problem and help is needed for that. She asked Dan Morris how much it cost for EMT and Firefighting courses, she was quoted a total of $750.00. Mille Garring stated that Vince DcetT had paid out of his pocket for the Firefighters to go to Fire College. Robert Mayberry clarified things by stating that they were sent to Fire College and it was paid for out of the budget. Mike Hart stated that probably one of the Firefighters will move up to the Lieutenant's position, so there will be a Firefighter position open. Our Volunteer organization would have no problem paying for someone to go to Fire College. What we are concemed about is if we spend the money to send him and he shows a desire to be a Firefighter, and passes the school, we want to be assured that he would be hired. Diane Flagg and that will be incumbent upon all of us working together to make sure that man is the most qualified. Mike }cart said that would all boil down to the description the hiring Department, is that not correct? Diane Flagg if you look there are some guidelines in the description, if you bring in a mentor to follow in that profession, then they can become the most qualified. Page 4 16 GI -41 Mike Hart stated that according to the people he has spoken to how we write the requirements in the job description will dictate who can be hired. Right now anyone with the most qualifications based on the point system can get the position. If we write that we want a local resident with in a certain time frame of the populated area. Diane Flagg if there is a young person particularly here, interested in the profession of emergency services. that we will take it upon ourselves to make sure they are the best qualified. Steve I lilt introduced himself, then went on to say the ground they are on and the building was all built by volunteers. Volunteer Fire I3cpartmcnt and Volunteer Ambulance Service, all done by the work of the Community, he said he had a small involvement in all of it. They worked for free to protect the Community and now they are getting paid for it. Will our Community continue to grow, we have lost a lot of respect for Government. Over the years this community has been taken advantage of by Government. We want our kids to have the opportunity to be part of the Community and work here. Not move somewhere else. there aren't many jobs to take. If there arc young people in the Community that want to work public service we want them to have the job, we don't want somebody else to take the job then go away. We want to build and strengthen our Community, we want our family business to be carried on. Collier County can't run everything we do, they can help and input and work together in a concerted effort but they can't run our business. We can't run their business, we have to work together. We don't want someone running our business so it doesn't work. 13ccause most people that live in the City do not understand what's unique about this area. We know the people of the area, the businesses, we know what kind of accident we are going to have in certain areas. We have a hand full of people that work as Volunteers when they are needed. lie has worked as a Volunteer part time for 15 years. We need the County to help us and to support our Fire System, our Emergency Services, our Community, Volunteer Fire Board to not cut anybody short, not to loose anybody because they spoke up and they get a bad report. I le contends if they are picked on continuously the person eventually leaves and that it happens all the time in a lot of places we don't want that to happen here. We have good people here, people that work hard here, committed, run their butts for all the people here and risk their lives on a regular basis. Joel `11 Mayberry when you say you need the best qualified, that is going to leave us out from what I understand, if I am wrong let me know when I am done. But I think you arc looking to put Paramedics Firemen as one career. it isn't one career it is two careers. Therefore it takes time to be qualified in that field unless you are already a Paramedic and nowv you want to be a Firefighter. Diane Flagg said the Community clearly recognizes there is a need for Fire expertise and medical expertise. The people with Fire expertise obtained their EMT so that they could fill a support roll. She went on to say the City of Naples and North Naples Fire Department just sent some of their personnel to Paramedic School. From the Community's prospective the more training an individual is willing to take the better we are altogether as a team to better serve them. From the Paramedic's stand point their level of expertise is in medicine, they have taken Firefighter basic to serve as a support roll to the Firefighters who's expertise is fire. Some of them have elected to go onto the 400 hour class. 'Me amount of training a person achieves only benefits there is absolutely no intent anywhere in Collier County for Firefighters to take Paramedics jobs or Paramedics to take Firefighter's jobs. They are all Emergency Services Professionals and our goal is support our colleagues whether they be Firefighters or Paramedics. Support them in their desire to achieve additional training. When she looks at Everglades City in terms of the Emergency Services Department she sees a minimum manning of 4 people. Two with fire expertise and two with medical expertise. but those 4 people provide a support roll to each other based upon the nature of the incident. Page 5 16GIO Joclym Mayberry stated she understands all that and about cross training, but you are not going to get young people to be that qualified and what we are trying say to the community is that they have a commitment here their families arc here if you train those people they are going to stay here this is where they live. You bring people from the outside, you give them that same training the next opportunity for a S10.000.00 raise up the river their gone. 'Mese people aren't going to leave for $10.000a more job or S72.000 in Marco or whatever, they will stay in this area. If there is a structure lire they can respond. if they keep hiring out of this area if a structure fire happens there is no way, even if they are cross trained if they arc an hour away they arc not going to do us any good in the community. Diane Flagg said help us help the young people in the community to achieve a public safety professional. Joelyn Mayberry said we need to know what the minimum requirements will be, we already have the commitment they already live here they already love it here, they go through the fire training, which Kalib got a scholarship for. Ile got it last year when he graduated. lie does not have the training of a paramedic, he did go through EMT school, therefore, when the job application comes up here comes somebody from Naples that has paramedic under their belt who's more qualified. Is that the qualification are you going to give them points because yes they are? We want the people to stay and to respond like they have in the past. Give them points for living in the area. The bottom line is if you hire everybody from out of here when there is a structure fire who is going. My husband is on call all the time the phone rings he goes, that is what you need and you need it within 10 minutes, not 45 minutes to an hour. Diane Flagg stated that for the last position there was no one qualified. She understands that Kalib is enrolled in the classes that arc getting ready to start and that there is another young man interested in going to school. We will work to get him into the next one. Some one asked if a position comes open can it be filled temporarily pending a local person who is in the process of becoming qualified then they would fill the position permanently. Diane Flagg stated that a part time person could be used until your local person completed fire school. The gentlemen said that he is understanding that if a local person wanted the position he would be able to fill it. Diane Flagg said they, have to maintain a certain level of service and would have to get some cooperation from the union, say ifwe use a part time Firefighter to fill that slot until this person can be brought in full time, again that would be brought about by an agreement with the union. Tony Brock wanted to know why this was not done two years ago Page 6 16G1�� Ray Lemacks stated that one of the problems has been that the District is short of man power. The man power shortage was created by putting the third man on the ambulance. It is not fair to say, now I am one of the guys that lives outside of the District, but it is not fair, and not fair to me or anyone else. the situation is the District has gotten to the point where they are relying on running the District with off duty personnel, that is not the way to do it. You need to have enough people on duty all the time to respond to a first initial response call, Vehicle Accident, I (cart Attack or whatever. The situation that we have is they are taking the Firefighter which you guys pay for away from the Fire District so now that man is not on the fire truck he is on the ambulance. That leaves the man who has Firefighting duties that day to respond to the call by himself, if there is a fire now this is a fact. 'ihcre have been many times and this is one of my biggest pct pcevL% that I have had to respond to a call by myself. Lvery Firefighter that has worked here has responded to calls by themselves. You don't scuba dive by yourself, you don't sky dive by yourself and you don't go into a burning structure by yourself. The buddy system was set up in the Fire Service years ago it was set up that way for a reason. Now what has happened here is that element of having initial Firefighters on duty going to the call has been taken away. Because that has been taken away you now have to rely on off duty personnel to respond with the guy who is going to the call by himself. Now this was created by this three man concept on the ambulance. Tony Brock wanted to know if this has txen in existence since the three men on the ambulance having to respond by yourself? Ray Lemacks before the three man concept 90% of the time we had two men on every call. Joelyn Mayberry said actually there were 4 Firefighters ready to respond besides the three men on duty you had the Chief as well. So there would be 4 qualified Firefighters on duty on any given day. Now it is not that way. That was not the decision of the Chief, that was made higher up from the Chief and therefore that has made the shortage of the personnel. Ray Lemacks stated that is one of the reasons why the union came in. We run 50 miles away from the Station , the 50 mile marker on Alligator Alley is an hour run. When the guy leaves the area to go on that call he's gone, if you have a second call you have no one to respond. I can show up to your house in the Fire truck but I can't do anything by myself. Understand what I am saying. I cannot beat the end of a hose squirting water, working the pump panel, talk on the radio, and asses the situation all at one time. I say someone is going to get hurt or killed because of this type of management and it is wrong. The people need to know that this is the reason there is so much of an up roar here. It is not because the District cannot support the Firefighters, the District has supported the Firefighters for 22 years with not problems. lust here recently and it is not for the benefit of the District it is somebody's personal agenda and that personal agenda, the people need to know the reason each and everyone of us are here is that they are risking everyone of our lives unnecessarily. Now the only thing that can be done is either to hire more people so that you can have a Firefighter on the ambulance fine. but it ain't working that way so far. The problem was created by the management side. Charlie Reynolds stated that what you say is fine two men on a truck going out here on one truck, if you say one man to a house fire, you might as well keep him at the fire house. If you have two on the fire truck you might save it, if you have three it is a lot better. You have to have the personnel to get to the people's houses and that is what we pay for, we have a high tax here. I think we need to find out some way to have at least two men on that truck when it goes out the door. Page 7 16G1co l Fony Brock stated we have to get rid of the third man on the ambulance because the budget is not going to allow you to hire. Charlie Re}nolds stated if we need to get rid of the third man on the ambulance then get rid of it, put him in the Fire Department. Diane Flagg stated that there was a policy in reference to two men on a fire apparatus when responding Ray Lemacks brought it to her attention at a recent contract meeting that it was not being followed. Those are some of the things we are looking at. She said she thought there were two people going to every fire. One of the ladies in the audience was trying to understand why we had a Firefighter on an ambulance. They said the other night so that they would not have to send out a fire engine, why doesn't the ambulance go by themselves. I don't understand. Joelyn Mayberry said to Diane Flagg you can answer that can't you? You are head of EMS aren't you? Diane Flagg stated that she was head of Emergency Services and that she works with EMS also. I think there is a point for clarification. Out current policy is when there are two people on duty they respond on the same apparatus, if the call location exceeds the 5 mile radius then they call someone in to cover the station. If there is three people on the policy again, policy is made to be reviewed, is two people are on the fire apparatus and one on the medical unit. The purpose for the Firefighter working with the medics is that instead of sending the fire truck and the ambulance we send the medic unit, it takes three pevsonnel to successfully mitigate the call. The response from the lady in the audience was that she would rather see both of them running down the road, we are paying for that truck to run down the road, I would rather pay for the gas than short change the community. If you need three people on the ambulance then plit three ambulance people on the ambulance. Diane Flagg thinks there are all kinds of options that we can work at. The lady went on to say that the third person on the ambulance was done internally no one wanted it. It was forced upon us. She said we all have known Vince for many many years, this was not nickel and dime. Vince wouldn't go to work one day and then just retire. Arita Parker posed a question to Diane Flagg, that she said she was unaware that the Firefighters were responding by themselves. Aren't you kept right up to date in reference to response calls, who goes and how often. Diane Flagg the first it was brought to her attention is when Firefighter Lemacks mentioned it that is was brought to my attention. There are individuals who are responsible for managing their own particular division. I am not a micro manager. Arita Parker, then you do not know who is on duty at any one given time. Diane Flagg, yes two minimum manning fire, two minimum manning medical, and the Chief. The third man is 56% of the time person on fire. Tony Brock asked Diane Flagg if there was any way the County could rescind that rule, can we get that Firefighter off that ambulance. Page 8 16 G1 Diane Flagg stated that these policies are constantly up fir revision, current policy is that there is to be two on a fire apparatus ecen with two on duty. Mike }cart stated that when this three man on an ambulance thing came up I know for a fact that is was totally disagreed with. Nobody not nobody could give any justified reason why. just except for the fact a call could be handled by the paramedic that was the reason of the Firefighter going. But for years before that the three man concept, if they went to the call and they needed assistance the fire truck would be enroute but normally when that unit leaves the Fire truck leaves with it 90% of the time any how. When you put that third man and he is going to the Alley and he gets to the Alley, the one man that is on the fire truck and he needs that third man on the ambulance it doesn't happen. That man is usually the driver for that ambulance to go to the hospital. What I have a hard time with is, before the paramedics would work a patient with two paramedics and transport them to the hospital. Now they have the driver with two paramedics and it has short changed us down here. Diane Flagg and again I think that certainly this is something that the group is interested in reviewing. To go back to the purpose of the three member team, was rather than responding multiple units to a single incident to respond a single vehicle. Mike Ifart stated that personally in the community they would rather see the fire truck there because they know the fireman, they don't know the paramedics. y Another woman from the audience stated that they don't know where they are going. Mike Hart said that is another problem, the community members here feel more comfortable with the Fireman that they know at the time that they are injured or hurt, than they do with just two paramedics. Robert Mayberry said originally when the three man concept was introduced, one of the reasons or explap.4tjgns was to help save cost on fuel, which he feels is a moot point, it is not that much or a reduced period. Tbe other was of course to keep the big red trucks off the road. We were pretty much in disag[=ent with having to follow that policy and sometimes now even though there is 'a crew on the unit we still send the fire truck. Sometimes on a BLS transport instead of the Firefighter going all the way into town when he is not needed, we send a fire truck down there to pick him up and bring him back to the station. On these local calls to have the second unit run is not that much. sometimes there is even a possibility that the ambulance could be involved in an accident or something on the way to the scene, and if the fire truck is already responding there is not going to he as much time lost. If there is an accident involving that ambulance and the fire truck is sitting at the station now there is a time delay for the unit to start responding. The person who was in Diane's position prior Norris Ijams, we had a meeting with him and he was pretty much in agreement to drop the three man crew. lie did ask us to give it a couple more weeks. Then before you know it he was retired himself and from that point on we did not have much of a choice to continue with dropping it. Page 9 16 G 1 I Walter McMullen he said the concept was to get the man on the ambulance to drive, because the Firemen know the area. I myself have been driving the ambulance about 20% of the time in the front and 80% of the time in the back, because the medic wants to drive the unit himself. I have been told personally by an employee of EMS that I was not qualified to drive their ambulance, that's by a couple of paramedics. Don't put me on the ambulance to drive to the scene quicker looking behind the steering wheel, it is a safety hazard for me to be in the back of that unit and get up and lean in between the console to tell the driver where to turn at. I don't do it no more, my Lieutenant said I don't have to do it no more, get in the front and lean on the console so that I can tell the paramedic where to turn . I will help them on the scene, on the way to the scene, to the hospital, on the side of the road, any thing I can to better the system. But am not going to put myself in jeopardy no more, I am not going to unbuckle myself from the back seat and lean up against the console to tell the paramedic where to turn at, that is one of my gripes. The other gripe is, you take a fireman out of the area drive him to the hospital, I can think of 4 different times I was stuck in Naples for zone coverage. 1 was stuck in the City of Naples one time and tied up for three hours for zone coverage. Another time in East Naples and another time in Golden Gate we had to cover their zone because they were tied up. Now there is a fireman at Ochopee doing EMS duties in Naples and Golden Gate I just don't think it is fair. l'ony Brock did not think it was fair either Robert Mayberry stated that prior to the three than concept, before Wink hired on, if three people were need on the ambulance due to the type of call many times we have put a firefighter behind the wheel and drive that unit into town. Usually he was shuttled back by the Sheriff's Office or some other method. Prior to the third man concept any time there was a need to have a third person on the unit, to drive that person into town because of the injuries of the patient, we were doing it. Tony Brock said you were doing it without policy. Ray Lemacks brought up the hiring process. I le mentioned that Tim Spaulding retired in November, his position is yet to be filled. Vince Doerr has retired and this position is yet to be filled. Personally I feel those two positions should have been filled from within the Department here. We have people to step into the jobs who are certified. The Lieutenant's position has not even been considered or considered to Ix- filled and the employees here are concerned. When he got into this as a career, he went to college and 3 '/- years of night school to get the education to further myself in my career. I would have been better if I had received a basket weaving course so I could sew baskets on my days off. Because none of that has ever pay off for me to further myself in my career. I started here. January 16, this month will be 7 years. I started at base Firefighter salary, seven years later I am still at base Firefighters salary. The last man that was hired in is making more money than I am and he hasn't been here but a few months. Don't get me wrong I have nothing against that man, he works good, he is a good man, it is nothing against the employee that was hired. It is just the system the way it is set up. Then whenever Tim stepped down, there was no bodv here considered for Tim's position. That has been almost two months now. Why doe it take so long to fill the position. Tony Brock asked Diane Flagg if there was ever going to be a time that we will have our own Chief from this Department and another Lieutenant. Diane Flagg stated the current policy states that the Lieutenant must be employed by Ochopee for one year for the Lieutenant's position. The position is in the process of being advertised it will only be open to the current Firefighters in Ochopee. All this stuff she has provided this information to the firefighters unfortunately only three of therm were there, she provided this information to those three. Since the Lieutenant's position is a critical position to the Department, it is to be the first one to be filled. The current guiding policy is that the position is filled from within the Department. If that did not happen, that there was no one interested in the position, or no one who met the minimum requirements for the position. Page 10 16 G 1 -4% Pony Brock asked Diane Flagg what about the Chief? Diane Flagg, we have not even gotten to there yet because first what is important and has had the greatest impact on the community is the Lieutenant's position. I have no interest in being the Chief, that is completely objective, no preconceived notions, understandings or anything else. She asked Commander Wilson to come in and Administer until we kind ofget things settled down. It is important to move very slowly and very mefliodically. The first is the Lieutenaw. Mike I fart stated the problem he could see the few others expressed concern it was awful hot, I know one individual now that would have stepped in as an Interim Chief for this Department had he been asked. As of 8 o'clock that night we had no Chief but Saturday morning Paul showed up. I le said if we take a man from your Department and put him as an Interim Chief until we can either offer that person the position or find somebody else because you going to be one man short. Well that one man would just tx like normally the Chief would have been any how he would have filled in during the day and be the extra hand. He would have been, which he is any how available at night for anything, he is on call. It was just odd that is wds not offered to anybody. I am not knocking the free help. 1 think they should have been somebody come down and said alright Vince has left is there anyone here as far as the Lieutenants that wants to step in as Fire Chief until we can bring someone in. I know there would have been a half dozen Volunteers that would have pulled up the slack for these men. Since all of this has happened those 3 or 4 Volunteers you had said they are not going to do anything. Diane Flagg said again I think it is going to be important to address some of the concerns I heard tonight And the only way we can do that is to work together as a tram. Hopefully there is a good understanding. about wfierc we can all work together in getting local people that are interested in pursuing a career in Emergency Services. In terms of who is going to get the Lieutenant's position again Department's procedure is they be hired from within. Mike I lart said there are three of them right now that want to be a lieutenant but they do not know what to do. Diane Flagg said the three people that she met with she encouraged them to get the current policy and find out what the minimum requirements were. It is going to be advertised but it will be limited just to the personnel of Ochopee. Mike Hart wanted to know why it had to be advertised if it is only going to be offered to Ochopee Personnel only. It is going to be an internal thing any how. Diane Flagg said it was just procedure. Mike Hart asked if they know who the three individuals are could the Advisory Board come to Diane Flagg and say to her lets go through here and pick the best one out of the three. Diane Flagg said she understood that they participated before and there is a good opportunity. Mike Hart said that they have participated in the hiring before, but everything that we ever recommended: just fell on the table. Arita Parker said and then we lose a Chief, a Lieutenant, and then we have all these upset Firemen, these guys are worried. Tony Brack said we need for the Chief to come from within too. Page 1 I 16 GI "I Robert May said he hated to bring up how things were in the past with the Department and stuff. but the Emergency Service Administrators prior to Diane pretty much let the Department out here operate and manage itself. I'm not sure but I think they did the same thing with the other half of the Department at that time or if there were other agencies involved besides EMS. i believe back then the Administrators pretty much let the EMS Director operate EMS, they let the Dire Chief operate the Fire Department. the reason why a lot of us got hired here was simply because the County didn't send the rules out and say these are the rules follow them in order to hire somebody. They let the Department basically chose from their Volunteers and then went through the process, whatever it was, through I luman Resources, then the person was hired. At the time with no qualifications, their salaries were held back I01/b..50o for F.MT and 5 °,6 for firefighter. After they got their certifications in those two fields then their salaries would go up to the regular salary for that position. That is basically how it happened in the past. Joelyn Mayberry stated and those men are still here, that is the point. That they didn't have any qualifications and they are still with this Department. New hires will come and go, they arc going to get qualified and leave. Curtis Smith was curious as to how she knows so much about these guys arguing among each other but she didn't know about the three man concept. Diane Flagg stated Chief Doerr shared with her some of the challenges facing Ochopee, it wasn't on the ambulances it was on the fire apparatus. I stated that was brought to my attention by Firefighter Lemacks. Steve I fill mentioned about the chain of command getting so long and so hard it is hard to hear ever thing coming down. The cars need to be open the voices need to be open so that everybody knows what needs to be done. A lot of the concern tonight is budget money. how much does it cost how much do we ha%c to play, with. Several years ago the Collier County School Board decided to close down our whcxil, the% were going to bus the Middle Schad and i ligh School to Naples because it would be more cost effective. Fhc community almost accepted it, but this is our town. our kids grew up here, our parents grew up here, they listened to that. Now they just built a new school for this community that they were going to close down because it would have been cost effective. Our community historically takes more money per perm to support any service we have, Sheriff's Department, Fire Department , EMS, gas station, grocery store. don't care what it is it cost more here. it cost more to buy the service, it cost more to use the service. it is Just part of what it is. It is going to cost more for the County to provide the service here, we have a very. very, high traffic of tourist here. We go to take care of those tourist, they are our bread and butter. Not just Everglades City. South Florida, all of Florida we have to provide that service, somebody has to pay for it. We can't pay for all of it, so the County has to step up but up a little more money a little more commitment. find new ways to make it work. bike you said about Volunteers, reassert that attitude, by having better faith in the system. The real point is it cost more money to provide services here spend it. Karen Merrill stated that we have been talking a lot about the system we have right now. I would be very interested to follow through with what we talked about, which possibly sonic other kind of system that we could be under. i don't think that we should not let that wash at this point, we are being promised a lot of things that we may or may not ever see. I think we should actively be looking at other ways to handle our own Department, whether it be our own taxing District or with East Naples and find some other alternative. so that we are not captive by someone else's whims and desires. A gentlemen from the audience stated that he has only been in the area three years but he understands there is a S10 million dollar school and there is only one man protecting it. Ife feels the County should be looking into that. Page 12 16G1 -;-4 Mike I fart said he could not basically speak for the Community but what we had for 22 years was fine, in other words the old saying if it ain't broke don't fix it. Then basically what I have seen in the last three %ears is that other ideas have been tried to integrate into this Department. Change is always hard, sonic of these changes that were brought up just don't make any sense if you just step back and look at it. Now I don't know if it's for whatever reason personal gain o►r whatever. there is;ut underlying motive here. feel like OLhopee with the union now, all the state statues and all the guidelines, we need to follow we'll follow, but basically we should be allowed with the Advisory Board and the Fire Chief to run this Department the way we think it is best for this community and leave us like that. Let Emergency Services run that end that fine, it should be Fire EMS not EMS Fire. 85% of any where you go in the United States it is bird[ :MS, We don't want to see F;MS fight fire, that is the way I feel. The' one we had wasn't broken it didn't need to be fixed. lance we get our bumps ironed out, we get our fire Chief on order, hopefully we will have some in put into that. We'll run this Department, basically all we will have to depend on Collier County for is Administrative Services as far as our budgeting or anything like that, but as far as Emergency Services saying well you need to do it like this, 1 don't think it should be like that. Someone in the audience concurred with this statement. Joclvn MaNbcrry asked how did it get like that:' KarLn Merrill stated that our money doesn't come from Collier County correct me if 1 am wrong. It comes frorn l::%cr0adLs we are a special Taxing District. Diane Flagg clarified that you are your own "faxing District. Mike I fart explained that she was General Fund and we were a Special Taxing District and that our District is 1 100 square miles. We get some money from District I but the bulk of our budget is out of the Big Cypress National Preserve in lieu of taxes + the millage of surrounding community. • Port of the Islands.. Diane Flagg said the Ochopee Fire Control District is it's own Taxing District, it's various revenue sources that generates the money is Port of the Islands, Ochopce. Everglades City and the surrounding areas, in lieu of taxes funds, the Hoard of County Commissioners has an area that they call the Collier County Fire District it gives Ochopee right around $80,000, in the event that (kopek would respond to a call in that area. The County Commissioners also help contribute a small portion of advalorem dollars to the Ochopee budget. I think if you all are interested in getting a read out where all of the funding sources are coming from I am sure Commander Wilson can get that for you. In terms of the other Departments within Emergency Services. the helicopter is totally advalorem. Isle of Capri is a special taxing District, Emergency Management is totally advalorem, EMS is a combined advaloremn and user fee. Mike I fart said that he got from the horses mouth, he said the onl% reason he stayed with Collier County. was if he ever got into a bind with his budget he could go to the Count and say he needed to borrow the money. Ile said that is the only reason this Department staved under the County. Now for the last 20 sonic years the budget has been done we have come in that budget we have never gotten into a real bind, where we had to borrow money from the County. Diane Flagg said she thinks it is important that he understand that you are your own taxing District. Paul maybe you can help me how much comes from advalorem in terms of the Fire Control District. Paul Wilson said that $394,000 in advalorem, $300,000 is from Big Cypress, $7,800 comes from general fund. lie said there ii some $200,000 difference in those figures, that he has not been able to decipher exactly where it is. Page 13 16GI Ili Tony Brock asked %hat the in lieu of taxes from Big Cypress were? Paul Wilson stated 5300.000. Diane Flagg said if they were interested in getting a break do%%n she was sure it could be obtained. It is a varied list of funding sources. Tony Brock said that Vince gave them a copy of the budget each year. Mildred Garring asked Diane Flagg about Port of the Islands. Diane Flagg said that Port of the Islands is an area that is rapidly developing, has a strong tax base. Mildred Garring addressed a question to Diane Flagg in saying did you sav some one else wanted that area. Diane Flagg said that Fast Naples Fire Department wanted that area. Mildred Garring said we gotta see about that. "bony Brock said maybe we should let them have it. Mildred Garring said no, those are taxes we get, we need that Mike Hart said he personally spoke to Chief Shank about what you have heard here tonight and he will put this any way you want it, he doesn't want Port of the Islands. He will provide protection for Port of the Islands when he builds he new station. He doesn't want to see anything that will hurt this District and have that on a good word. Joelyn Mayberry wanted to know how come the authority went away from the Fire Chief and the Fire Board to make decisions on what happened here. Who came in and said this is the way it is going to Ix- boom, without asking the Fire Board, the community, Fire Chief. How come the authority was takers a %ay when it worked for 20 years. Diane Flagg again I am not aware of anything being taken away. Joelyn Mayberry it was just mentioned tonight, on the ambulance takes away our Fireman, Ochopee Station got closed because of man power, but we do have four people on Monday through Friday. How come two can't be there and two here to respond to fire calls, that is the career they went into. I had been done 20 years prior to this. All of a sudden it has changed it has to be a certain wav, I don't think that certain wav is working. If you look at what happened to Isle of Capri. I don't think it should be run by volunteers and part time employees. Part time employees are supposed to work 36 hours or less or they are not considered part time employees. Are they going to complain if they work over that? Not at all. The new tactics that are being imposed are not necessarily the right way to do things and how come it is being taken away from the Board and the Fire Chief and just thrown up to one person to make the decision as to what happened here. Fran Tifft brought up that a few years ago in our budget we had a Deputy Chief salary and all it was decided by some one other than us that we couldn't have that. There were too many decisions not being made here they were being made higher up. Joelyn Mayberry said the higher up isn't working, it was working the other way. Frank Tiff: said if we had the Deputy Chief three years ago when Vince got ready to retire there would have been someone to fill that spot. Page 14 16G1 Diane Flagg said she thinks that position was a Captains position. A lady from the audience asked if we had not paid a salary to someone named Griffin who never showed up? Tony Brock said ycs, that was settled he was on payroll for only Iwo weeks. Joelyn Mayberry said you haven't answered my questions. Diane Flagg said what question you have asked so many. Joelyn Mayberry said she wanted to know how come the authority to run this fire lk-partmcnt went from the Fire Board and Fire Chief to running this Department and what is best for this community to one person making decisions up above saying this is how it is going to be and it isn't working. Now all these men here think they are going to be without a job, there is going to be so much put on them that they are not going to be able to do it, get reprimand, therefore legally pushed out of the system and these people have made their career and their lives this community, they are afraid where their next meal is coming from. Diane Flagg said as long as anyone who has any job follows the general guidelines there are no issues. Joelyn Mayberry said that they are being delegated stuff that the fire Chief is supposed to do, which he has the authority to do. fie has 56 hours of fire training he admitted it at the last meeting. lie has 56 hours how many hours do you think these men have, I am not just talking about just training, they have been here 20 years or more. Plus their 400 hours while they were here, but because the commitment was made from this Department to them they have stayed here and made their life out of it. Their not going to be able to reach their retirement the way things are going. If you look at what happened to Isle of Capri that is what is going to happen here. Diane Flagg said what do you mean by what happened at Isle of Capri. Joel%n Mayberry said aren't you left with one paid man left from what she understands. Diane Flagg no. Joel,,n Mayberry are you going to fill them with part time employees and volunteers. Diane Flagg said she does not know where a lot of this information is coming from, but certainly Michael is to meet with and work with the group as a team and get with these type of issues it is important to get the facts. Mike Bart said there isn't a whole lot they can talk about because of the union negotiations. The men cannot talk about what is going on until their union contract is settled that's the law. Diane Flagg said in terms of the contract negotiations that is true, but in terms of some of the things that have come out of here tonight. Mike I ]art stated that they want the uniforms left alone as they are. Diane Flagg said I agree. Tony Brock wanted to know who's idea was that. Page 15 16G1 i,-% Diane Flagg said the information that she received was that the Firefighters wanted a different uniform. Friday those three gentlemen that I met with, one of them brought up the uniforms. I prefer to stay with brown. She asked the other two and they said the would prefer to stay with brown. She feels there is some miscommunicatioti going on, you need to speak individually with these Firefighters. If they prefer to stay with brown, the only change that will happen is if there is a need for change, there is no need to change the uniform. Joelyn Mayberry said how come the fire truck was changed, to I:MS /Eire. `like I lart stated that you arc just taking the whole identity of this Fire Department away. Diane Flagg said in terms of the uniform 1 don't know what the results were. In terms of the uniform if it 50% + one prefers to stay with brown they'll be brown. Lori Hart stated why is this an issue now, why not wait for the next Chief, why is an interim Chief talking about changing uniforms. Diane Flagg the information that I received that there was a desire to. Lori I lart interrupted, she wanted to know where the information came from. Mike Hart said Diane you said 50% + one, so that is five + one. He addressed all the Firefighters in reference to keeping or changing the uniforms. It was agreed by all the Firefighters that they wanted brown uniforms. Jot,lyn Mayberry wanted to know why the fire truck had been changed to EMS /Fire, why change that. flow come all the changes when it doesn't need to be that way. Where do you sec EMS /Fire anywhere else. Diane Flagg said the verbiage on how something is written A,hcther it is EMS/Fire or Fire/EMS is kind of the same thing. Both 'T'ony Brock and Joelyn Mayberry stated that you changed it. Joelyn Mayberry wanted to know if the board was asked. If you voted on the uniforms why not vote on the Fire trucks. Paul Wilson said they mentioned about the uniforms and opened it up for discussion. There were one or two of them who did not want brown uniforms. Arita Parker introduced herself and stated that she is so upset and the people are so upset and don't even Know what is happening or our panel. We do not have a lieutenant and a Fire Chief, and I am speaking for myself I am very upset. If I call Robert up on the phone I know that he is worried about his job and he does not desire it. No body does. We care about each other. These people mean more than Fireman to us. they are more than just Fireman to us, they are more than just people to us. I would like to see our panel on this thing and I would like to see a resolution to the problems to the worries these guys have. Page 16 16G1 44 K Charlie Reynolds stated that he has been on the board for 12 or 15 years and Chairman for 8 or 9 vears and we have set at meeting for as high as two hours and a half and sent the minutes up to the County Commission and what we do don't amount to nothing. The County Commissioners have never done anything that we put down in the minutes. Since I have been on this board. If we did say something about telling Vince to do this or Vince to do that it never got done. lie pointed out Ms. Tifii< and said that is why she is not on the board any more because she couldn't get aiwhing done. I le doesn't think it is fair that we come to this place on Monday nights that the higher up people do as they please. We try to make the rules here and how we want to run the fire Company. We gotta run it the way of whose in charge of the County, Neil Dorrill or somebody like that or who ever does. It is not fair to us guys, like I said 2'/2 to 3 hours and do all this stuff send the minutes up there and Linda types them all up and everything and we never hear nothing about it. Steve 11111 stated maybe we shouldn't be County anymore. Mildred Garring said she though we should go state. Tom Brock said we are looking out for the men, long as the County can provide and as long as the men are happy we would rather stay with the County. Mildred Garring said they don't want to stay with the County it is getting to be a bad situation. You can hear it tonight. Robert Mayberry said he is not in fear of his job, but I am afraid that somebody at Emergency Services Division is going to have me retired or resign. What you people are talking about, the Advisory hoard's power I am sure you guys have been told many times that you are an Advisory hoard and that is all you are. If you all are thinking of anything else to going with I - :ast Naples or independent with A stuff: charter, that is something the citizens of this community will decide on their own and they don't really need our advice from the Fire Personnel. Tony Brock said we want to know from you if that is the way you want to go. Robert Mayberry said I think you have to decide, our jobs are here they are going to be here. We are not really in fear of losing our jobs or anything like that. You have to decide how you want to have this District operated. Chart ie Reynolds said we don't want to decide nothing how this Fire Department is run. If something comes up or Vince brings something up and so forth and we have Districts, one from Choko16 -* e,,enc from Ochopee and so forth. Each man makes a report at the meeting. Ile repeated again that anything we have ever done at the meeting ever amounted to nothing. 'tom Mitchell said we want to keep our own identity, the other thing is what the people want stay with the County or where c%cr we're going, if the people want to go that way that's the way we need to go. Tony Brock said the basic concern he feels right now if we even attempt to stay with the Cotutty is the issues of the personnel. The Chief and the Lieutenant should definitely come from this Fire D partrnent not from the outside. Ifthe Chief and the Lieutenant donot come from with in this Departracm then 1 think we should seriously consider moving else where. That is my opinion. PagV 17 16�1��K Joelyn Mayberry said the Lieutenants that are here ha%c 20 or more years ol'cxpericnce with this Fire Department, She said at the last meeting sltc asked what were the requirement for Fire Chicf, 'Ilhe response she got from the person that represented Ms. Flagg said there were no gttalifications for Fire Chicf. So there are no qualifications for Fire Chicf yet there are qualifications to hire some one on for Firefighter, Diane Flagg said that must have been Commander Page, that you were referring to, She said Commander Page was referring to an existing general order which covers all positions except Fire Chief. 'Ihc general order covers the Firefighters, Lieutenants and Volunteers, Joelyn Mayberry said don't you think it seems strange to have somebody in charge but there is no qualifications. Yet there is at least 400 hours at the beginning level, plus IN T', paramedics and all that to be hired to begin with, Diane Flagg said let me reiterate there are qualifications for Fire Chief hut they arc so broad as opposed to other position . Joelyn Mayberry said she looked for the Florida Statute that stated you don't have to hire from with in the District, she said she was told it was a law, She just wanted to know what law that was. Paul Wilson said she is talking about the People vs Fair Standard labor Act. Diane Flagg asked you mean require them to live in a certain area. Joelyn Mayberry said yes the main problem in this community if there is a structure fire, iflhc men are not from this area they will not be able to respond in time to save the structure. Whether it be the school or a $2.000 trailer. Steve I fill said we are not only talking about living in the community we are also talking about hiring in the conununity. Joelyn Mayberry concurred with this, Diane Flagg mentioned an incident on Marco Island where they wanted their Firefighters to live un Marco Island. they took it to court and lost. Joelyn Mayberry stated she works with the Park Service and they have jobs where they require that you live right there. So even though it is a law it seems that you can over ride that law if it is policy that local people can be hired here. Diane Flagg said she is not aware of any policy that can be written so. Joelyn Mayberry said the County could over ride, because I used to be in law enforcement. Tony Brock mentioned the Bronco that Commander Paul Wilson is using to go back and forth to work with. He asked isn't it supposed to remain here at the Station. Diane Flagg said not that she is aware of, it is a vchicle of the Department. Tony Brock asked did she think it is better served for him to use it than for the use of the Lieutenants or whoever may need it. Page M 16G1.0'� Diane Flagg said Commander Wilson is looking at some options to replace the vehicle that had the transmission fire. Tony Brock said as long as you are looking into it. lfthe County has to provide Paul with a vehicle they should provide it, that vehicle should be left here for the use of this Department. Paul Wilson said that the Utility Van is here and in full service. Tonv Brock stated if anything comes out of this we will have another meeting and we will post it at City Hall and we will let all of you know, thanks for coming. Meeting adjourned. The Advisory Board adjoumcd to meet with Commander Wilson. the meeting went on with the Advisory Hoard Members, Diane Flagg, and Commander Wilson. 'they gave the public the option to continue with the meeting but they wanted to go home. Mike I fart asked Diane Flagg if the State Auditors this month will determined what exactly our carry over is. Diane Flagg said usually in January. Mike Hart we were going to use part of that carry over to make a payment on the new fire truck. Diane Flagg said she believed that we had reserve money for that. Mike I fart said the former Chief wanted to wait until that figure came in, then you could do the out look basically down the road to see what is feasible as far as a payment goes. What we are trying; to dcxitsQgt get into a bind with the budget. But now in lieu of what has happened to the Chiefs xE hkio wow# nW ping to be able to afford two vehicles. Diane Flagg said Commander Wilson is looking into options, being a part of a very large Department there are always more options. Vehicles that can be transferred from one division to another division and those types of things so there won't be a fiscal impact to the Department. So those are some of the options he is looking into. Mike 1 fart said will there be a problem wC are two separate. Diane Flagg said we all work as a team. Kent Omer said we all work as a team, htit let me ask you this, we are a special tax�lhg district, would the County hAve the option to put any piece of our equiprppt where they designate. Diane Flagg said no. Page 19 16G1A.1 Mike Bart said it i; only fair that the vehicle gets replaced to what we think it is a feasible vehicle for this area it is going to Ix; operating in. It needs to be replaced, we don't need a car, we don't need a Suburban, we don't need a Ford Explorer. The basic four wheel drive utility vehicle, is mainly because when it is out there on those brush fires. you have to run under the assumption it might get lost. We don't want an extravagant vehicle out there. We just want something to replace it with. Now I don't have a problem with Paul driving the Bronco or the Van, but my personal feeling is that the Bronco is a suitable for vehicle for the Lieutenant or extra Firefighter to respond to a call the using the utility van. The utility van. I would not drive that over 55 miles per hour. Diane Flagg said maybe Commander Wilson can develop options, on what are the options out there. One of the things that is important to me. I have never worked closely with you all, because I am not a micro manager. I pretty much let Departments run themselves. Mike Ifart said that the van was put in this area at first as a Lieutenants vehicle because that was all they had then once the Bronco was given to us, it was converted to a Licutenant's vehicle. Them the utility vehicle was going to he used by the men if they needed to run out to Ochopee or if*that Bronco was down or if the Volunteers needed it for a function. There have been cases where a Volunteer has taken the van home at night, then if he needed to respond to a call he could go with it. Diane Flagg said you don't really have a volunteer program so to speak but that would be a gaxxl idea. %tikc I fart said what happen to the Volunteer Program it started down hill seven years ago, because I was supposed to get hire for this position. I had the job, I was getting ready to sign on the dotted line. I didn't fret the position tx!:ausc of what ever reasons Jay Reardon brought Rav Lemacks in and this Icfl a bad taste in my mouth. The problem with the Volunteers here is that started it. were never going to get a volunteer program in like they have any where else because most people you have volunteering are people like thyself and there are four or five of us that have jobs. Some of'us work till 6 or 7 at night, and it is hard to get us down here at lease once or twice a month or even on the weekends. Everybody around here works these screwy jobs all revolve around a tourist industry. Poor Curtis he works Christmas, I have to work , that is the problem. You can get volunteers locally conic in here. once or twice I doubt if you are going to see any beyond that unless they have a desire to be a Fireman. Charlie Reynolds said he remembers when the Fire Department was started here, he said he was president of the Volunteer Fire Department for many years. Ile stated there was money Ieft when the account was closed and they purchased a van to take the kids to town or other outings. Diane Flagg said there is a great potential to develop another Volunteer Program. Mike Hart said the hiring practice of seven years ago shot the program, there are four or five of them that don't care about ever working in the Fire Department. I am a certified structure firefighter, but I have no desire to climb ladders for a living. I go to Fight wild land fires. There is a half dozen of us or so, that stay in the Volunteer Program, but to get any of the kids out of this area to give all of their all for the Volunteer Program their going to have an assurance that maybe one day the community or some one will send them to fire school so they can get their fire training. Diane Flagg said she agreed with him 100 %, and that is what we have to do, you all can help Commander Wilson in developing a Volunteer Program. Mayor Hamilton said he would work with the community to provide the funding for the scholarships. Mike Hart said that is why we have a Seafood Festival Page 20 16G1 Diane Flagg said otir responsibility would be to provide an opportunity to mentor these young people. If they want to focus on the fire side then lets get them involved in the Volunteer program lets assign them a mentor like the big brother progam with one of the Firefighters, so that they can work the shifts with them. Mike Hart stated that he could have a man who is on the Illinois Fire Board come and talk with Diane Flagg about their Volunteer system. In his system the volunteers still keep their jobs but they get points for training and running calls, he works on a point system. Then in 20 years if he so wishes to retire he can with full benefits as the other Firemen. There is a formula that they have that x amount of dollars out of their budget every year for the men it accumulates and accumulates. They can do it and they have Volunteers knocking their door down. It supplements the paid, it doesn't hinder the paid Department, because they don't want it brought up to say if you don't do your job don't worry about it we'll find a Volunteer that will do the job and it won't cost them anything, they don't want that. You got 15 men and 10 or 20 strong Volunteers, then their problems are always solved. We could go on incentives like Golden Gate does pay per call but there's that legality in there you can only pay him for so long then you run into all these state statutes, then they are going to say you have to be a certified Fireman, you can't be a paid part time help. Diane Flagg believes that under the qualifications of Volunteer you can pay him S5 a call, but all those ideas arc what we would like to work with you on to rebuild on. We are going to need the commitment of the paid guys and that is where we are really going to need your help. Mike [fart said Andy Frenock did all the training and then there were some things that were said and done. It left a bitter taste in Andy's mouth and he said no more. Now I don't want to see that happen again, and know that the men work with all the Volunteers as much as they could, but it just has to be in black and white. If there is someway in going through the budget and everything and say okay you and you are providing training we'll give you a certain percentage more of pay because you are doing more than the average Firefighter. Because you are providing training to our Volunteers and even possibly the men. We would never have the budget to have a Training Officer but if we could just give him a little bit of incentive and then we could always bring a Training Officer in from one of the other North Naples Fire Department to do some training. You're going to have to give each man an incentive because what has happened in the past is going to dictate what is going to happen in the future. Diane Flagg said there are already resources. Commander Wilson has made contact Ed Valera and Lt. Butler at Isle of Capri. Lt. Butler is a certified Fire Service Instructor and he is part of the Emergency Services Department. fie said he would come down if this area puts together a group of people who want to become certified Firefighter Basics that he will teach them. So because you are part of a very large Department there are all kinds of resources. It just takes the commitment of ourselves to make that happen. She said she was glad to hear from Danny tonight that they did get the paper work done so that his son can get into Fire School. Very soon we will face the decision of do we want to hold, in the event that there is someone within the Fh-partment that wants to promote to Lieutenant. All those things that 1 heard tonight, there is a lot of misinformation, because those guidelines in terms of like a lieutenant have been in place for at least a year if not longer. None of this stuff is new, it is part of policy. Two guy on a piece of apparatus that is a policy for at least a year. So that is why I think it is,i"Tortantlo sit down with the Firefighters and to say look here is the written policy. Mike [fart the one thing I want to know if Danny's son Kalib gees through the school and everything. I know working for the state we have a nepotism law, in another words my wile can't work at the same place where I work at. You aiuldn't put them on the same shift, but could tic still wci k4r�ffie Departmcnt. Diane Flagg said she would have to check with the County Attorney. Mike Hart said you better check with that, because if his son jumps through all these hoops and everything. and them finds out he can't get on because his dad works here. 1 don't even want tothinic what's going to happen. Page ? I 16GI Paul Wilson said he would check with Iluman Resources, Mike I fart said he is governed by the state of Florida and most of the policies we are set up under the County follows. Because if it is going to be a problem we need to address it now. Paul Wilson said in the past we have had married and have married couples that work on opposite shifts and it hasn't presented a problem because of the uniqueness ofthe type of job. But whether or not it has changed or not I don't know. Diane Flagg said there is another option too if there is something available in another area that is always available. What she wants to do is nurture the local people, those young people that are interested in the Emergency Services Profession. We have enormous resources right here in Everglades City, we can provide those young people a future in Emergency Services. 1 :murgency Service Department is 164 people it is a very large Department and it's got a lot of branches, management, helicopter operations, and higher. So this area maybe a small town but it has enormous amounts of resources that you can give these young people an opportunity to go into the Emergency Services Profession. Mike Hart said part of the problem is when these children are raised here, they don't want to leave the area. Kent Omer said a lot of them are out there pulling crab traps that is a hard living. Mike Hart said well alright if you go to this training you might be able to get a position in Naples. I doubt if they will take it, they just do not want to leave the area. Tony Brock said they don't even want to rotate. Mike Ifart basically stated you're born here, you live and work here and you die here. They don't want to cross 92 to do it, or cross Dade County lines or Broward County lines to do it. They want to stay here and that's it. So the biggest problem in this town they don't trust anybody, that is the bottom line. 90% of the people in this town are family and they would rather keep it like that and not have to go out of town to work. There are a lot of them that do, because they know there is nothing here, now if they knew they could stay here. Tony Brock said some of them living here drive to Miami to work, still every day. Mike hart said if we could do something like that it would be fine. Diane Flagg said if Danny's son would be eligible, but in terms of the other individuals, what Isles has developed and that why they will be a great help, because they went from very a small inactive Volunteer Program and in the last two years, they now have 19 Volunteers. Granted Isle is a very expensive area to live so I think there is only three Volunteers that live on the Island. Tony Brock said that they are close enough to Naples to draw Volunteers from Naples. We can't draw from Naples. Diane Flagg and I agree but my point is, what they have now developed cause they have so many Volunteers is that they have requirement, just like this point system you are talking about with this gentleman. On Isle now to be Volunteer you have to have-a minimum of a 12 hour....... The tape ended after that sentence this brings the minutes to a close. Page 22 Also be advised the minutes of December 10, 1997 cannot be done because the tape was blank. Charlie Reynolds. Chairm n Page 23 16G1 , f 16G1 ' I RECEIVED OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING A Pre FIELD MARCH 2, 1998 IN THE EVERGLADES CITY COMMUNITY CENTER In attendance were the following: Paul Wilson Acting Administrator for Ochopee Fire Control District Charlie Reynolds, Chairman, Rep. Everglades City Michael Hart, Advisory Board Member, Rep. Lee Cypress/Copeland Lem Penn, Advisory Board Member, Rep. Plantation Island Tonv Brock, Advisory Board Member, Rep. Ochopee Kent Omer, Advisory Board Member, Rep. Chokoloskee Island The meeting came to order at 7:IOPM. Mike Hart said everything is the same, no report. Tony Brock said there is so much water out in Ochopec you couldn't have afire out there if you tried. Lem Pennell he said every thing is going pretty good out there. Kent Omer said they still don't have the blue reflector marking the hydrants out there. Also the County came down, he believes it's 97 -9 (the ordinance), there requiring numbers be put on homes. Particularly down there at Parkway Village. If they don't comply they are going to come in and name the streets with in the village and do their own numbering. Other than that everything is status quo. Charlie Reynolds said everything in Everglades City is still the same as it was last time. OLD BUSINESS AIR COMPRESSOR: Mike Hart wanted to know what the status was on the air compressor. Commander Wilson said he went to SAMS to look at the one we talked about before. They didn't carry that model any more. But they do have is a 140 PSI with sustaining 126 or 60 gallon single phase bell drive. Twin cylinder pump on top of it that is $394.99. They have a 6.5, 80 gallon which is 200 PSI with a mar 175, sustaining 145 it's a two stage it's for $699.00. That is the only two available there. The one other place that was listed in the phone book was at 1 &C Park he went over there and it's not there any more. The place used to service Ingersol Rand products. Mike [fart asked what about John Collins. Commander Wilson said he didn't go to John Collins. The other Alternatives was a couple of mail order books that we have here. We were looking in those but they were running $799 plus. Basically the same as thing as this one two stage. Mike Hart said what about that Northern Hydraulics in Ft. Myers. Commander Wilson said he didn't go up there. Kent Omer said the} have one in Miami. Norris Hancock Page I Constantino. v berry Misc. COrf S: l Date: Item# (� Copies To: 1.998 �rN ;rier, 1661 't4 Commander Wilson said he knows what he is talking about they carry ingersol Rand products. Ken (finer said he was going over to Miami tomorrow and they do have a Northern over there. I can stop and check on some of the big compressors if you like and get a rough estimate. Tony Brock wanted to know what our current status was with the air compressor we have now. Commander Wilson said the one we have here works but it doesn't pump to the 120 capacity that is required. We are looking for a sustaining 120. The air pressure on the tires is a 107, basically it would take 30 minutes to put air in the tire if they needed it. Tony Brock said that is not good. Commander Wilson said no. "Pony Brock asked along has this situation been. Commander Wilson said it has been that way for months. "fony Brock said we need to do something soon. Mike Hart said you can adapt one of those air pack bottles to fill tires us with if you have to. If push come to shove. But we are probably looking at what between $500 and $700. Commander Wilson said yes. The smallest priced one is this 5394.99 one, that is 140 PSI sustaining 120. That one would do the job because it has the 60 gallon tank on it. Tony Brock said we need to get a good one. Commander Wilson said Coleman is the manufacture on these, the Black Max series, it's used in a lot of professional shops. if you want to look at Ingersol Rand you are looking at pretty much top of the line there. That would be top dollar. Mike Hart said we also have to look for repair and parts. Charlie Reynolds said we have been with out a pump for how long six months a year. Tony Brock said we need to get one as soon as possible. Commander Wilson said the other alternative would be Craftsman because of the Sears store being local. Mike Hart said the have a State biding price. Commander Wilson said they also have a new line out I did pick up that book. I don't have it with me though. Mike Hart said we ha%e a commercial account with them. When we buy we have to be able to get it repaired if something happens. Tony Brock said, but we have to do something soon this it has been going on much too long. Charlie Reynolds agreed with him. Tony Brock made a motion for Paul Wilson to proceed in the purchase of a compressor. Page 2 16GI C.'ommandLY Wilson said the one for under 5500 could be purchased in a couple of days. the over S500 you have to take it through the steps. Tony Brock said the one you can get right away is from where. Commander Wilson said it was from SAMS. Tony Brock asked what kind of guarantee what kind of service. Commander Wilson said it is a one year warranty on the Coleman they have a turn around policy if there is something actually broke on it in that time frame SAMS does up to90 days after purchase I believe. Other wise your just dealing with the standard repair type situation. Tony Brock said the only other thing is the Northern deal, are you going to check on that tomorrow. Kent Cheer said he would do that . Tony Brock said if they don't have anything lets proceed with SAMS or whatever. Kent Cheer said he could get the information to Paul tomorrow evening. Commander Wilson said he could bring in the information on Wednesday because Tuesday he had a class to attend. The motion on the floor was brought up again and was seconded then passed to buy the compressor. Commander Wilson stated that this is pending Kent Orncr's information on Wednesday. NEW FIRE TRUCK: Mike Hart asked about the status on the fire truck. Have we got anything. Commander Wilson said if you would like to come over Friday morning some time. I am not sure exactly yet because they have not notified us. But Elite wants to bring that new type truck that they have been building the last couple of years. They're going to bring a demo down. Tony Brock asked who is this? Commander Wilson said Elite Fire, the American Eagle Series that their doing. Charlie Remolds asked when? Commander Wilson said Friday morning. Charlie Remolds asked what time? Commander Wilson said they haven't specified yet they're going to call me Thursday. The truck they are going to bring will have all the bells and whistles on it but the main structure will be pretty much the same. Mike Hart asked if they were part of E -One? Commander Wilson said they are pretty much E -One. Mike Hart asked if we had to have three different companies give a quote? Page 3 16 GI Commander Wilson said yes we will put it out there to three different companies under the type of specs that we arc looking for. Right now Elite is the only one who has cone close to it in the talking stages. Mike Hart asked if the men had expressed what type of vehicle they would like to have. Commander Wilson stated that when they first discussed this we were talking about a crew cab that's when I came up with this four door crew cab concept. The ones I have looked at it thought it was pretty good. Charlie thought it was pretty nice looking. It does allow four men to be carried safely inside the vehicle, it's a real nice truck. I got the specs on it. It is a very reasonably priced truck. I brought him down from $158.000 to $118,000 right now. Mike I [art that was with a hose reel and all this. Commander Wilson said that is not with the hose reel, that is a negotiable item Mike Ifart asked what about a generator? Commander Wilson said we are looking to stay under S 125.000 and that is with hose reel and generator both out of that. A generator alone by itself is between $3500 and S5000 depending on which one you want to get. But the hose reel will very depending on whether it comes with hose attached or not. I lose is pretty expensive from what I have been reading through these invoices. Charlie Reynolds asked if that truck would be equipped with 1200' of 3" hose. Commander Wilson stated that the entire package has a basic standard set up that comes with it. As far as the hoses and stuff like that I'll have that I list those and have them available for you Friday what would be a standard package from them other wise we're buying a standard truck everything else needs to conies from us. What we deal and negotiate hose and stuff like that usually comes from the Department. Charlie Reynolds said don't you think it would be a good idea if you went 3" on this new truck. Commander Wilson said he would like to see it go 3" since we've got some other issues I'll talk to you about when we get further into this on the Tanker. Charlie Reynolds said with that size pump with a 3" hose it should pump a lot of water. Commander Wilson said they come standard with 3" set up if you're going to do anything you'll down sire them on your own. They don't do that. Charlie Reynolds said if you have the three inch hose the connections are still the same you don't have to do anything. You'll get 320 gallons more of water off a 3" hose than you do with a 2 1/2 ". Tonv Brock said if needed the 3" hose would connect to the 2" hose. Charlie Reynolds said yes that's right. There supposed to be equipped with 1200' aren't they? Commander Wilson said I believe that is what the figure is under the specs I was reading. Lem Pennell asked they are interchangeable? Commander Wilson said they come set with 3" then you either put adapters on to bring it down or leave it as it is. Page 4 16G1.4., Charlie Reynolds said everything fits. Tony Brock asked about the Chiefs Vehicle. Commander Wilson said he went to Motor Pool when he initially said last month that it was a full size Blazer. In fact it is an S 10 Blazer, 4 wheel drive, two door. The book said it markets at $6700.00 after the Board of Commissioners meeting of February 17, 1998 they made it very clear there would be a distinction between two. Basically what they have told in a couple of meetings afterwards was that we can buy the vehicle from them they are not going to give it to us for free. They did cut down the price considerably. Tony Brock asked who owns the vehicle now? Commander Wilson said County Fleet. Tony Brock wanted to know who was using it previously. Commander Wilson said either Utilities or Inspectors were using it. It was actually one they had never used it just sat there. Tony Brock asked how many miles it had? Commander Wilson said it had 42,000 miles. He gave them a break down of the vehicle of what they are looking to spend to put it in operation which could be with in two weeks. 1 also brought state bid sheets for a newer vehicle. If you want the bigger size vehicle with the V8 engines in them we're looking at $26,400 to $28,800 just for the base vehicle not counting radios or anything like that. If your looking at a mid size your looking at $22, 600 to $23,300. This here I think would be an outstanding piece of work if we could pull it off. It is in pretty good shape the only thing that has really affected this thing was that it sat long enough unused that the paint started turning green. They washed it down but it still isn't right, so it's going to need a paint job. Tony Brock asked what color is it now? Commander Wilson replied that it is white. Tony Brock said it would just be repainted white. What is that going to cost. Commander Wilson said they estimated it to be between $500 to $1,000. It's on the break down. All the other figures are pretty solid. There is some play in the paint job figures. Tony Brock said a two door Blazer shouldn't cost that much to paint. Mike Hart asked what is actually wrong with the other vehicle? Commander Wilson said there was extensive fire damage to the wiring harness, distributor, portions of the carburation system, paint, the transmission was gone, because that is what originally started the fire. $5267.00 damages to put it back together for Emergency Service use. Tony Brock asked is that the white Blazer that Vince was driving. Commander Wilson said the white Gimmy, 174,000 miles on it. Page 5 1.6 GI 4;q Mike Hart said he personal opinion is that the little S 10 Blazer is not the vehicle we're looking for. wouldn't drive it in an emergency situation. I know how they handle. Tony asked who would be driving it? Mike Hart replied that it would be the Chiefs vehicle. You really need a bigger vehicle than %fiat that little S 10 is. Commander Wilson said he believed that Marco used one of these SIO types as well. Mike Hart said this Chiefs has to be bigger heavier vehicle. Kent Omer said the larger ones have more ground clearance that the S I O. Commander Wilson said the larger ones have higher ground clearance, they would have a little more cargo space. Mike hart said the center of gravity is a little bit better too. Commander Wilson said actually the center of gravity is a little bit worse in the taller vehicle. The taller you get the more easier to sway over. Mike Ilan said his last boss got killed in a Chevrolet S10 truck. Because of rack and pinion steering he lost control of it at a high rate of speed and that's why I don't like them. Commander Wilson said you can get killed in any vehicle at a high rate of speed. Mike Flan said your chances are better in a big vehicle than in a small one. Now does our budget warrant this cost. Commander Wilson said the budget can afford this, I don't know that it can afford a big one. Even if you got the smallest big one, which is the expedition, which is $26,416. You are still looking at S 1,000 for lights, $405 for striping, $353 to install. Kent Omer said is that new vehicle price. Commander Wilson that is State bid price. That is below price. Tony Brock asked if it was 4 wheel drive. Commander Wilson said is has the 4 wheel drive, 'h ton, 8 cylinder, 4 door, listed as a utility truck.. Tony Brock said not that what we say has anything to do with it but. We need to make it known how we feel. Mike Hart said when the budget warrants it we just need to get a new vehicle. Tony Brock said what are we going to do in the mean time. Mike Hart said we have this Bronco out here, hope to God it holds up. I think that with the budget packages coming out now we need to see if we can swing something. Page 6 16G1 K Tonv Brock said he moved to stay with the present vehicle operations and if such time in the future we can afford to go to an expedition or whatever 1 think we should try and up grade the Chief's vehicle. But for right now I think we should stay with what we have. Lem Pennell asked how much would we have to go up, it is not covered in the budget what would be the increase? Mike hart said the problem of it is we are looking at a new fire truck. Commander Wilson said the new fire truck if things work out the way they should there won't be a payment till next year on it. The money that has been set aside that is sitting in this budget, there is about $25,000 sitting in there. Originally it was proposed to may be drop it as the first payment on the truck. What were looking at is probably defer the first payment on the truck till next years budget and we are sitting on that 525,000 that we might be able to use towards whichever way you want to go with the chiefs vehicle. It's up to you or how you would like to pursue it. Mike Ilart we got to get out of buying used trucks. Lem Pennell said well can't we go that way with the $25,000 we got there. Mike Hart said we need to concentrate on the fire truck, we have something now that can be used as a Chief's vehicle and then we'll see how the budget runs. Tony Brock said he agreed that we should stay status quo right now and if once the fire truck is here then we can move on the Chiefs vehicle. A motion was made in reference to Tony Brock's aforementioned statement in regards to the vehicles, it was seconded then passed. HIRING ZONE: Mike Hart had a question about the hiring zone. He made reference to the zone being 22 minutes 20 miles, and asked if this would be implemented for new hires. Ile said what I'm getting at is we have Lieutenant's position that has to be filled right now and if that is implemented I think it is going to cause a lot of grief. You have one Firefighter who lives out of the area that is qualified to be a Lieutenant. Will this hiring 22 minutes 20 miles thing play in the affect of the hiring of the lieutenant. Commander Wilson paid yes it would. Mike [fart said has any one given thought to possibly there could be a discrimination suit filed against the County for it. Commander Wilson said what he would recommend is we decide whether we keep it at 45 minutes or move it to 22 minutes with a clear understanding (he showed them a letter from Human Resources that gave them the County Attorney's position as to the response time ) that it would be against the law to put in a grandfather clause for current employees vs new hires because then you have the new hire capable of filing a suit as well. If you leave it at the 45 minutes and do the hiring on the positions then we could consider looking at the hiring zone after the positions are filled. Page 7 16G11% Mike Hart said right now if we go with this 22 minute thing and the employee that wants put in for the job lives out of the area as a Lieutenant can't fall on that definition can he conic hack. Commander Wilson said no. 'llie County Attorney's position is they will support a response time not a geographically designed area. If you set the response at 22 minutes then the person that would get hired in the position would be required to live with in that 22 minutes. Charlie Reynolds said I think we should try and hire some one with a response time shorter than that. A mans house on fire, when you get the call , and you are going to be there in 22 minutes, the house would be burnt down. Commander Wilson said remember the 22 minutes area I drove was at speed limits, cruise lock. non response type mode etc... 'chat would be reduced by a few minutes in a response type mode situation. Most of that 22 minute area is pretty much what we have here currently any ways is swamp land etc... The only true living areas is L cc Cypress, Copeland, a few places up 29, Everglades City, Plantation Island. Chokoloskee Island. It does include the area of Port of the Islands and slightly passed that. Charlie Reynolds said Port of the Islands is only 14 miles. That's not bad at all. Commander Wilson and you have no habitable property between that and 92. That zone cuts off just west of 92 by about a mile and a half. Again there is hardly anything developed there either, there is an off chance that you could get some one from their that applies, that doesn't mean he is going to be the most qualified candidate. Lem Pennell wanted the response time clarified. Commander Wilson said We can't go by geographical location you can only go by time frame. If he lives with in 22 minutes of this station right here then he is eligible to be hired. That's the nuts and bolts of it, the bottom line. Mike I fart said this applies to new hire and in house hire. Commander Wilson and future in house hire. Charlie Reynolds said while we are talking about this hiring and so forth. Like the Lieutenant job that is coming up here the man that is qualified for it lives 40 miles from here. Commander Wilson said he lives 45 minutes away, he lives with in the zone that is currently in place. Charlie Reynolds said he is not in favor of hiring some one who lives 45 miles from here. I think there might be some one in our Fire Department now that would qualify that could get there in 10 or 15 minutes. Of course I realize the fact that we are so far away from every thing and so forth. Lem Pennell said I don't think you're going to hire anyone under those conditions. Why do we have to accept the practice that is laid down by the County Commission. Mike Hart said right now we have one Lieutenant who's acting can fall under 22 minutes. We have another individual that could apply for the Lieutenant's position that would not fall under the 22 minute but he lives under the 45 minutes response time. Tony Brock said there is more to this, I understand the qualified individual that we are talking about. But a Lieutenant that is not with in less that 22 minutes is really putting a burden on......... Page 8 16G1 #4 it Mike Hart said basically the way the Lieutenant's position the way it's written up in the job description is hire in house. There are two or possibly even a third individual that could fall into this Lieutenant's position. All of them arc qualified but the one that lives in the 45 minute zone, they can come back and say you can't apply because you don't fall in that 22 minute zone and that is what that letter states he is not grandfathered in. Because technically he could file a discrimination suit, because it is discriminating against him because he lives out of that zone. I just don't want a lot of hard feelings to come back on us. Tonv Brock said I don't want any hard feelings either but I understand that he is very well qualified and I would love to see him get the job but ..... Mike Hart said the District put in jeopardy. Tony Brock agreed with that. Commander Wilson said if he wants to apply he would have the opportunity to relocate. You can make that offer to him. Tony Brock said that would be the greatest thing if he would relocate. Mike Hart if we could offer him something. Commander Wilson said what you do is when you post the position what it would say is that you meet these qualifications with in 22 minutes of the station. Charlie Reynolds said didn't make the statement that if he got the job he would try to get closer. Commander Wilson said he has not made that statement out right, no. I think he might be willing to be interested in it at one time he would have. But he said he was never asked to move closer and he has kind of established himself where he is at. He hates giving up where he is at. Mike Hart said basically it is just how it is going to be written up. Commander Wilson said is could be left as is with in 45 minutes or the response zone changed to 22 minutes and then that position would say live with in the 22 minutes. Mike [fart said he didn't have a problem with it. We just don't want to see a lot of hard feelings come out of this. Tony Brock said I don't either. Mike Hart said but if there are other options given to the man and he can take them. Commander Wilson said he that is the bottom line he has the option if he truly wants the job, he has the option to relocate. Tony Brock said he would be a good Lieutenant, he would be an asset to the Department. I was hoping we could get him in under this grandfather thing. But if not he is going to have to adhere to the rule. Charlie Reynolds said you have two men but one is not qualified right, the man that is Acting Lieutenant right now. Commander Wilson he doesn't have as much as the other individual. Page 9 I6GI Mike Hart said my feelings are as long as this man is in the Department that little certificate that states he is qualified to be a Lieutenant, can be gotten, the schooling part. Tony Brock and Charlie Reynolds agreed with him. Charlie Reynolds said that why don't we try and get the people that are close here that have been in the Department 5, 6, 7, 8, years why don't we try and put him in the job. 'Ihis guy that is 45 miles away might have more pieces ofpaper and everything like that but sometimes that paper don't amount to nothing. It amounts to what the man can do. Lem Pennell asked if the Lieutenancy had to he filled right now. Mike Hart said we arc so short on man power right now everything is maxed out as far as morale, tempers. everything. Because if we fill this Lieutenant's position then it will open up a Firefighter position and we have an individual that can fall into that. Commander Wilson said there is only one person mission off of the shifts. A shift is the only one that is missing anybody there is two individuals on that shift the other two shifts are running with three, they arc at full capacity. What happens is %hen we hire a Lieutenant, one of these guys is going to be the one that moves up. Because the Lieutenants position is the one that is empty. We just have it filled with an acting right now. But when you post it would see that as an empty slot with two Firefighters, three, and three. So when you fill that position to the Lieutenant then that opens one of the Firefighter positions. Tony Brock asked if there was a Firefighter position open right now. Commander Wilson said no. Tony Brock said he though they had lost two Lieutenants. Mike Hart said Danny was the Fire fighter that went to the Acting position. I fe took Tim's place. So if you write up the job description and the requirements would be to live in the area and everything. We are talking about the Lieutenant's position we might as well go to the Chiefs position. Arc we going to hire an Interim Chief" Commander Wilson said he don't know if they were going to hire an Interim Chief.. I have heard some discussion that we are going ahead and posting the Chiefs position real soon that is the best I can tell you. Mike Hart said in his personal opinion since we're still looking for guidance as far as whether we want to stay with the County or go independent. Either way it's my feeling we should go ahead. We have a Lieutenant who's on board now that would take the interim position as the Fire Chief until what ever time we so desire. Tony Brock said why would it have to be interim? Mike Hart said we could hire a Lieutenant to the position. Commander Wilson said a Chief process has to go through the County process until such time the Board is an Independent Board. Mike Hart said the County would hire a position as a Fire Chief and we end up with some individual that we're not to comfortable with and then we go independent. Then we're stuck with him. Tony Brock said let's not hire a Chief right now. Page 10 16G149. Mike Hart said if we could have a Lieutenant move up into the Interim Chief position until we figure out which road we're going down. That's how I feel. Now 1 know that you are doing the administration and the Fire Department is doing the operations end of it. Now let's just say if somebody really gets hurt on the scene or killed who's it going to fall back on. It is going to fall back on the administrative or the operation end of. Commander Wilson said it's fire ground, fire command would bc: responsible for that situation. Mike [fart said that is what I thought that is why 1 brought up last meeting that I know that they are depending on Lt. Mitchell and Lt. Mayberry. Commander Wilson and Acting Lieutenant Morris, Mike 1 fart continued to say that Dan Morris is already being compensated for being Acting Lieutenant. 1 think Robert and Torn should be compensated because they are making operations decisions like a Fire Chief. Commander Wilson said they are making the same decisions they would under the Lieutenant's position in day to day operations. Mike Hart said but since they basically are the ones if it hits the fan they are going to be the ones on the line. I think that they should be compensated at least 10% more in their salary until we get an Interim Fire Chief or Fire Chief. since they have to make all the operational decisions as far as fire. Commander Wilson said all I can do is quote you what is in their SOP for their job descriptions and they are not doing anything more than their job descriptions currently. Mike I fart said then we need to find an Interim Chief, whether it be from this rank or another Firc Department. Because I've had an offer of an assistant Chief to come down here no charge. I think we need to look into getting an Interim Chief that way all the fire operations are covered. Because I'm telling you if it's going to hit the fan it won't fall back on Paul and Emergency Services it's going to fall back on Tommy and Robert even though they are getting Lieutenant's pay. Now that's how I feel. Tony Brock said what can we do as a Board. Mike Hart said well we can make recommendations and hope it gets passed. Charlie Reynolds said that they should have a recommendation to ask Tommy to be Chief, if there is going to be a Chief. He's the man qualified for the job. He has been here a long long time and he has worked hard. I don't care what the book states the man deserves a break like that. I don't think he really wants it but he would take it to cut down some of the mouthing off and so forth that goes on around here. Mike [fart seconded Charlie Reynolds' aforementioned motion and was passed. Tony Brock wanted to know how they were going to implement it. Charlie Reynolds said this is what we feel, if it don't work at least we tried. Mike Hart said at least it is on record. Mike Hart said are we comfortable with the 22 minute hiring zone. Charlie Reynolds and Tony Brock both concurred that they were not comfortable with it. Page I I 16G1 -41 Tony Brock said but it is better than what we got. Mike I fart said because I know if we don't do something here soon we'll be done. Charlie Reynolds said 1 think this thing has been kicked around and kicked around long enough. If it hurts somebody too bad. Mike Hart asked are you in agreement with the 22 minutes? Charlie Reynolds said no, Mike Hart asked you want less time. Charlie Reynolds said yes I do. Mike Hart asked what do you want 15 minutes? Charlie Reynolds said yes. The motion was made to reduce the hiring radius from 45 minutes to 15 minutes, the motion was seconded and passed. Mike Hart said Paul can carry this thing in with 15 minutes and see how the Emergency Services Feel about it. NEW BUSINESS: Commander Wilson said we applied for a 50/50 grant with Division of Forestry, some how or another it didn't get done last time. I talked to Rich Gordon last Thursday he gave mean application he said we need to get it in real soon. Friday I delivered it to the County Attorney's Office and that is where it's at now. You have to go through an approval process once you develop it to make sure you got all the legal stuff cleared up it's a regular routine that's where it is sitting right now. What we applied for was three more hand held radios the 800s. We attached 20 alphanumeric pagers to the bid as well under a service not a buy. The buy was S140 apiece. We could pickup 20 under a service contract for a year right for around $2.25 on our cost so that's where we're sitting right now. Mike Hart said we had talked about getting voice pagers for the active volunteers. The 800 MHZ is out of everybody's price league and 1 know that some day they are going to come up with one that is going to be compatible that was reasonable. We talked about getting voice pagers for the volunteers and possibly work up a deal to get cellular phones. Commander Wilson said what we're working on is alpha numeric pagers not voice pagers. There is software that is included where you can actually type in a house address or a location in a readable format. The package includes a digital key board for this station here plus it could be tied into dispatch. Put all the pager numbers on one bank where they hit one button and it sends it out to everybody it gives them an address in a display format where they can show up. We went for 20 with, we were tossing around the idea of issuing the paid men one each and then leaving I I for the volunteers that are current and active. The cell phones we are looking into purchasing may be two cell phones for these fire apparatus. Mike Hart said yes the two attack trucks. Commander Wilson said and the volunteer organization is looking to pick up two cell phones as well that can be checked out by volunteers that are willing to be on duty for that time frame. Page 12 16GI04 Charlie Reynolds said say you call 911, you give them your house number right, because your box number doesn't mean a thing. Commander Wilson said it has to be your house number. Kent Omer said the County came out with that ordinance 97 -9, you got to be numbered, mainly for the 911 response. Commander Wilson said that is where the alpha numerics come in there are still some house out there that don't have it. It could be the third house on the right down on Mamie St. You can get that type of digital display and that's what would come up on the pager. Charlie Reynolds said he thinks sometimes with 911 if there is a problem with the number on the house, if they just say your name. That could help because these guys have been here 10 years and on up they know. A lady from the audience asked is she understanding correctly that Control can do the page out. Commander Wilson said yes. Mike Hart said another thing that happened when this 911 enhancement service came in I know Vince had brought it up in Communication meetings and it still isn't done. When they page out Medic I I and Ochopee they would give them a street address. But they are supposed to say who's residence it was. Because a lot of times things get a little mixed up in the transition. Commander Wilson said he hadn't heard that one. Mike Hart asked him if he checked into those black boxes. That sets the tone off so they can turn these radios off at night. Commander Wilson said he could do one at a time they arc S435.00 a package. Mike hart said especially at Ochopee, you listen to that radio all night you might as well not go to bed. ACQUISITION OF RESERVE PUMPER: Commander Wilson is working on the acquisition possibly of a reserve Pumper. Emergency services is the one who is doing it. They are talking about one that could be jointly used between Isle of Capri and Everglades who ever needs it at the time with the idea of housing it out here. Because we have the greater number of calls. 750 GPM 1000 gallon tank Class A Pumper it needs $3,000 worth of replumbing needs to be done to it to reach the new standards for PVC piping instead of steel piping. The Emergency Services is working on their end of it as far as what the City of Naples is wanting to exchange for it. That was just discussed the last Monday. I haven't heard any results of their meetings with the City yet. Charlie Reynolds said he is not so hot on second hand stuff. Commander Wilson said we're talking pretty near free. Tony Brock said City of Naples has got it. Commander Wilson said City of Naples has the Pumper. I've worked off this Pumper is pumps water it runs good but to get it through a couple of test and get it recertified, it has been decertified into a training mode for them. To get it back in as recertified or into reserve we are going to have to redo the plumbing. It is a very functional Pumper. 1 wouldn't grab it to be a front line Pumper. Page 13 16G1 ''K Charlie Reynolds asked what about the one we got broke down now? Mike Ifart said that's the sore spot I got with this whole thing. Charlie Remolds said yes me too. Mike Ifart said basically what it was we had that old Pumper over there, that played a lot in the affect of this ISO rating, even though it wasn't rated as first line equipment. It goes out of this area against every bodies better judgement. It goes on afire and it bets messed up. We can't bet any money back from it because it could of gotten messed up out there any way, because of that District I money. But it all comes back down to the vehicle Ieft this area against our better wishes. We go out of a truck, now we're stuck here, now we right back here to square one, we got to buy another vehicle. A vehicle that we didn't want out of the area, that's the whole sore spot with this whole thing. Commander Wilson said the new Pumper we're talking about buying was slated to be purchased whether that engine went bad or not. What we're looking to do is try and find some way to replace that engine. Mike Bart said it just saying it still falls back in our lap it's going to cost us money. Commander Wilson said it is just the very beginning stages. Mike Bart said he thinks Isle of Capri should have a boot drive. We got to buy a truck, a Chiefs vehicle now a reserve vehicle. We're going to have to have a boot drive or something I don't know where we're going to get all this money. Charlie Reynolds said we'll get the money don't worry about that. Commander Wilson said as far as the reserve engine goes this is been strictly in the beginning talk stages. It may not even ever develop it. If it does develop. I would take a stand that we stay a co-financial situation on whatever it takes to bring it up as a reserve for any of the Departments. Mike I fart said that's fine if they want to do that as a coop deal it needs to stay here to keep our ISO rating and then if Isle of Capri wants to do it then they can sign a release form or something. Charlie Reynolds said I think that thing was something we didn't know anything about. Mike Ilan said you got Fleet Management working on emergency vehicles and their not qualified to work on emergency vehicles. Charlie Reynolds said if we're going to do anything we need to get a new truck or don't buy nothing. Commando Wilson said "Bertha" was refurbished for 524.000. Tony Brock asked what are we doing as the Ochopee Fire District with Port of the Islands? Commander Wilson said right now what we've been tossing around is to try and develop a volunteer program out there. The reserve Pumper we could place it there at Port under some kind of volunteer program we could develop out there. That would achieve some ISO rating for them that would put the reserve engine close enough to be a functional asset to this Department. There are some future expansion plans in the works how far they go I don't know. Tony Brock said the future expansion plans are we pursuing a facility to park fire trucks. Page 14 I6GI Commander Wilson said what has been proposed over the last year or so is that they would put a roofing, shedding type awning at the back of the water plant in a locked fence perimeter area and the truck would be housed there to get it out of the direct sun light. As far as facilities in the future the Emergency Services Department is looking to may be go co- venture on a brand new building as long as the property is still available. Tony Brock asked why would they want to do that? Commander Wilson said it would be the most cost - effective way to do it. Currently Golden Gate is in that kind of production, we have two East Naples in that kind of production. Marco in that kind of production. City of Naples in that kind of production, North Naples is even in that kind of production as well. Tony Brock said that worries me Paul, not that having your help would worry me. But I would want the fire to be fire and the emergency services to be emergency services in Port of the Islands. Commander Wilson said that is how all of the other stations are built. The bedrooms and everything are functionally separate the only thing that is truly shared is the bay area, cleaning responsibilities and cooking areas. That is the only areas that are truly shared everything else is separate. Charlie Reynolds said he thinks FMS should take care of theirs and the Fire Company should take care of theirs. I don't like that. Tony Brock said none of us do Mike Ilan said he talked to the president of the Fire Chief's Association and he said it would be in Ochopee's best interest not to necessarily let Diane or you to come to the meeting but one of the Senior Lieutenants to come. They want some feed back from the Fire end of Ochopee as far as what their going to be doing in brush fire situations, what kind of equipment and everything. Commander Wilson said that is conducted in other meetings with State Forestry type people. As far as the Fire Chief Meetings go we're still under direction not to attend. Tom' Brock did not agree with that. Mike [fart said that is not copasetic because nothing against Ochopee, but how it was told to me if Ochopee calls we won't come. Meaning the other Fire Departments, they want input from Ochopee in these Fire Chief Association Meetings from a Lieutenant, not Diane and not yourself. Nothing against you two but they want something from one of the senior Lieutenants, which would be Tommy, to go attend these meetings. They want to know what is going on as far as equipment and what they can expect out of us and everything else. Commander Wilson said we work through the Division of Forestry and what's available and who's got what resources. As far as attending Fire Chief's meetings we are still under a directive not to do that and as County employees we have to follow directives so stated. Mike Hart said 1 think we need to have that changed. Tony Brock said I think this needs to be brought before the County Commission. Mike [fart said you see that is what the whole problem. If we're going to be an emergency service family as far as the medical end of it whatever you have to do to make that run smooth that is what you need to do. What we have to do to make this Fire end run smooth and that means attending these Fire Chief meetings that's what we need to do. Page 15 1661 %4* Tony Brock said Mike we need to bring this up to the County Commission and make a formal complaint. Mike hart agreed to do it that way. Charlie Reynolds said he looked at the tape of the Commission meeting. Didn't they say they wanted to come down here and talk to the people. Commander Wilson said that is correct my understanding is that they want to hold public workshops for information gathering etc... Charlie Reynolds said that's what they want to do according to the tape, that is what I got out of it. Commander Wilson said that is the way I understood it. Mike hart said basically they want EMS to do EMS and Fire to do Fire. If we can't come to a happy medium then we go to go some other way. A motion was made to adjourn the meeting and it was seconded. The meeting adjourned at 8:18PM. The meeting then opened to the public for discussion. Charlie Reynolds Chairman Page 16 1 1 1 1 1 i i i r 16G1 41 eCreatl0n RdV1S0Y y O�Y RECEIVED 0' County Oy4F MAR Z3 598commissioners Lely Barefoot Beach Preserve Bonita Beach, Road, Naples Florida WEDNESDAY, MARCH 25 ,1998 AT MSC. COIF : 2:00 R M• 1/ Norris Hancock Constanti COpces 1O: Mac'Ki! Barra 16G1 41 PARKS AND RECREATION ADVISORY BOARD AGENDA March 25,1998 The Parks and Recreation advisory Board meeting will be held Wednesday, March 25, 1998, 2 :00 p.m. at Lely Barefoot Reach Preserve, Bonita Reach Road, `times, Florida. L CALL TO ORDER: If. PLEDGE: OF ALLEGIANC E TO THE FLAG: Ill. INVOCATION: W. APPROVAL OF MINUTES, February 25, 1998 Meeting A 1 -6 V. INTRODUCTION: %]. ANN ARD PRESENTATION: N'II. NFW BUSINESS: 1. Park Ranger Presentation - Ranger Nan Gerhardt 2. Friends of Lely Barefoot Beach - Dr. Eisenbud x'111. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM 3. Naples Roller [Hockey - Request for Sponsorship Banners 4. South ,Naples community Park Update 5. Sugden Regional Park Update 6. Clam Pass Rental Policy - B 7 -10 I\. REPO R'CY PDATES: X. Monthly Report (February) C11 -17 I. 13CC - Recaps for March 2. Adopt-A- [lark Report D18 3. Parab Meeting Schedule D19 X. ADJOURNMENT n r 1 ' A 16G1 140. 16 G1 041 PARKS AND RECREATION ADVISORY 13OARD February 25, 1998 Minutes Veterans Community Park 1900 lmmokalce Road, Naples, Florida PRESENT: Joseph Zaks, Chairperson Daphnic Bercher, Vice Chairperson Gil Mueller Timothy Blackford John Grice ABSENT: ALSO PRESENT: Marla Ramsey, Director Murdo Smith, Recreation Manager Crary Franco, Parks Superintendent .John Dunnuck, Operations Coordinator Jacquie Hart, Secretary II t. CALL TO ORDER: The meeting was called to order at 2:10 p.m. ►►. PLEDGE OF ALLEGIANCE TO THE FLAG n►. INVOCATION: by Jacquic Hart ►v. APPROVAL OF MINUTES: January 28, 1998 meeting. v. Correction & Amendment to the Minutes: Chairman Zaks had inquired if the status of the YMCA was relative to their request to the Parks and Recreation Department regarding joint programs and funding. Mr. Mueller stated that the YMCA is doing well. Motion by John Grice to approved January 28, 1998 minutes as amended. Seconded by Tim Blackford. Passed 510. Parks and Recreation Advisory Board Members District: (Question was raised as to what determined the district in order for an individual to apply or serve on the Parks and Recreation Advisory Hoard. Ms. Ramsey did some research and distributed a map showing that the district area is determined by Impact Fees or Community Park Districts and not by County Commission District. 16 G1 "% V1. AWARD PRESENTATION: Chairman Zaks presented Cindy Rimes with an Attitude Award. Ms. Rimes works at the Immokalee Sports Complex as a Community Center Aide and helps out at the Fitness Center or wherever she is needed. VII. INTRODUCTION: VIII. NEW BUSINESS /PRESENTATIONS a. Summer Camp Food Grant - Mr. Thomas, Athletic Supervisor discussed the Executive Summary which is being submitted to the Board of County Commission for approval. Collier County's Summer Youth Food Program serves children lunches for 9 weeks during summer camp program. This year the food program vvill serve breakfast, lunch, and snacks. Last year there were 15 sites. This year there will 18 sites. In order for these sites to qualify, the School Board did a survey and determined which schools were located in a low income bracket. The State reimburses the Parks and Recreation Department 100 %. b. Naples Roller Hockey - Mr. Thomas stated that the Naples Roller Hockey Association has made a verbal request to the Parks and Recreation Department to display sponsor banners at the Roller Rink. "rile Naples Roller Hockey Association was asked to submit the request in writing. VIII. REQUEST FOR DISCUSSION /SPECIFIC UPDATE ITEM c. Sugden Regional Park Update - The County is acting as the general contractor on the job. The sub contractor for the site is Bonness; park pavilions is High Point Construction; landscaping and irrigation is Turner Tree; site electrical is Mid Continent, and fencing is Carter Fence. The site developments are as follows: • The site development contractor is 90% complete. • The contractor is currently working on the beach and sidewalks. • The irrigation is about 50% complete. • Landscaping is starting today or sometime this week. • Florida Power and Light is finished with their portion. • The park pavilions are about 75% complete. 2 16GI !9 • Picnic pavilions are 10% complete. • The pump house is 15% complete. • The site electrical is 50% complete. • The docks, signage, and the main bate are in the fifth stage. • The playground equipment is awarded to Game "rinic and Contract Connection. • The project opening date is June 5, 1998. Ms. Ramscy stated that fishing will be allowed. An individual could catch a fish and then release it. .III docks and picnic tables will be installed with recycled plastic. There will be one floating dock. At the dock boats and water bikes can be rented. The facility will not be open during the Gulf Coast Skimmers show or practice. Ms. Ramsey stated that a wrecked ship play apparatus will be installed on the beach for children to play on. The playground area will have the traditional playground equipment. The Ranger station is enhanced by brick pavers in front of the building and bathrooms. A price is being negotiated for walkway lights. Chairman Zaks stated that he does not recall staff giving a verbal report recently about the development of Sugden Regional Park. It would be very helpful if the department would show the playground design so that the Parks and Recreation Advisory Board could be involved. Chairman Zaks also commented on the agenda being light. The footage included on I314 (Parks Section: Developed conceptual landscaping improvements for parks; Completed conceptual floor plan for dock master building at Caxambas) should actually be discussed at the meeting or be on the agenda. Ms. Ramsey stated that the agenda has been discussed with staff and more meaningful subjects will be submitted for discussion. b. Draft Letter sent to the State relating to Sand Dollar Island: Mr. Franco stated that lie sent a letter to the State regarding what the State is doing about the signage for Sand Dollar Island. Marge Miller of Tallahassee responded to Mr. Franco's letter but the department is waiting for a response from the State Field Office. 3 1661 "t Ms. Ramsey stated that the response letter states that they will schedule a meeting with the Parks and Recreation Department staff to discuss some changes. 'rile Sand Dollar Island is State land. The Parks and Recreation i)cpartment did install additional signage but the department wanted the State to be aware of the concerns and to take some of the burden. Mr. Mueller stated that he hopes that the department does not go overboard with the signs because it is beginning to look like sign city. Mr. Mueller stated that it looks tacky with G signs and hopes that something could be done. Mr. Mueller stated that he personally does not think that the department can protect everybody from everything. c. Max Hasse Jr. Community Park Basketball Court - Mr. Franco stated that the basketball court pavilion project at Max Ilasse Jr. Community Park is on schedule. The project cost is $119,490.00. The certificate of occupancy is scheduled to be issued June 10, 1998 and final completion is schedule for June 25. 1998. The building is a pre- fabricated steel structure which is on order and will be delivered some time in 1vlarch. The pavilion will be identical to Frank Mackie Jr. Community Park basketball pavilion. This pavilion will also aid the summer camp program. d. Beach & Water Ordinance - An exccutivc summary went before the Board of County Commissioners recommending that the Count) - Attorney look at changing the Beach and Water Ordinance. Ms Ramsey stated that the Executive Summary went before the Board of County Commissioners and will be forwarded to the County Attorney's Office. e. Proposal For a Neighborhood Park at East Naples - Ms. Ramsey stated that an individual would like to donate a parcel of land to the Parks and Recreation Department located off Bayshore. There is an MSTU that is being formed to beautify the medians in that area. Ms. Ramsev was asked to looked at the property and give a cost estimate to improve the park site. This proposal would be submitted to the Board of County Commissioners who would then send it to the MSTU for review. The MSTU would then discuss if' they want to add this proposal to the beautification district. f. South Community Park Update - The contract for design was awarded to Wilson, Miller, Barton, and Peek. The Department is now scheduling a meeting for the design process. The opening date for South Community Park is scheduled sometime next year. - 4 It 15 G1 « g. Shaded Structures - Mr. Dunnuck stated that there was $200,000 dollars budgeted for shade structures and the executive summary is going before the Board awarding the contract to Varian Construction. "there will be 2 shelters at the Veterans Community Park, 2 at Vineyards Community Park and 1 at Golden Gatc Community ['ark. The total cost came to $176,000 dollars. The completion time will be 100 days. h. Safety Update at Ba, yeiw - Ms. Ramsey stated that there were concerns raised at the last meeting regarding safety issues at Bayview. Mr. Franco and Ms. Ramsey met with Captain Dennis I lull' to discuss safety issues at the park. Captain Huff recommends that the Parks and Recreation Department gate the rear parking area, add more lighting at the entrance and around the pathways. i. Fast Naples Skate Park Update -'The skate park currently has 620 members. Eight thousand skaters visited the park within the last 4 months. Visitors both state and country wide are visiting the skate park. There have also been many patrons from other countries visiting the park. A copy of the skaters event schedule was distributed. Mr. Grice made an observation that the skate park has not been open on time. Mr. Grice visited the Skate Park and stated it was 30 minutes late opening. Nis. Ramsey Nvill look into the matter. IX. Monthly Report a. January's Monthly Report - Mr. Blackford asked if there were a reason for a decrease in revenue at North Gulfshore Access. Staff stated that January was just a bad month but last year the revenues were good in January. Mr. Franco stated that there are no problems with the meters. Mr. Franco stated that February, March and April are the big months for revenues. b. Adopt -A -Park Report: Mr. Smith stated that new dugouts at "Tony Rosbaugh Park are being installed. Some students from the University of Michigan have been donating their time and services to Immokalee Park. Tile Immokalee practice baseball field is 99% complete. 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16G1 got e. PARAB Meeting Schedule - The next meeting will be held at the Lely Barefoot Beach Preserve, Bonita Beach Road, Florida, March 25, 1998, at 2:00 p.m. at the Visitors Learning Center. VIII. ADJOURNMENT Motion by Daphnie Bercher to adjourn. Seconded by Tim Blackford. Passed 5/0. Meeting adjourned at 3:40 P.M.. 6 1 u 1 1 1 r 1 E ' B 16G1 'I-% 1 166114% ' COLLIER COUNTY PARKS & RECREATION EFFECTIVE POLICIES AND PROCUDURES DATE: March 1998 ' SUBJECT: RENTAL OF CLAM PASS PARK CATEGORY: Recreation POLICY: The Parks and Recreation Director or designee shall administer the provisions of this policy, including the collection of fees, preparation of application forms, issuance of licenses and revocation of licenses, promulgation of rules and regulations to implement the provisions of this policy, and all other items relative thereto. ' Users Clam of Pass are conditional licensees. Any person or group violating any of the provisions of this policy shall be subject to summary expulsion from the facility or outdoor area. Further, they shall be subject to any penalty prescribed by general or local law which is applicable to the conduct or activity ' which resulted in the expulsion. RESERVATION POLICY: County programs and operations have scheduling priority for all facilities and outdoor areas. RESERVATION PROCEDURES: A. All requests for Clam Pass Park area reservations must be submitted to the Parks and Recreation Department in writing on a Rental Permit and Agreement Form (Attachment) at least two weeks prior to the date of requested usage. B. Reservations will be approved by the Parks and Recreation Director or designee to the individual or group based on the following criteria: I. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct and does not violate any general or local law. ?. The proposed activity will not cause unusual or burdensome expense or police 1 operation by the County or by any community in which it is located. 3. The facility has not been reserved on the same day and/or hour requested. 4. All other applicable County and State permits have been obtained and submitted to the Parks and Recreation Department at least one (1) week prior to the scheduled use date. 5. The activity will not cause an undue negative impact to any surrounding neighborhood. 6. The facility may not be reserved more than four months in advance of any requested use date. I 7. Facility fees must be delivered to the Parks and Recreation Department no later than one week prior to the scheduled use date. J ' 1 (B) 7 ' 7. (continued) Facility Fees - 16 G I n•c Facility Use Fees are as follows: $200 per hour (includes I security staff member) $500 deposit Additional Fees: Category I and II Non - security staff member: Security staff member: Speed request or additional clean -up: Tram Service (including driver) Food and Beverage: S 15 per hour per person S20 per hour per person Per hour fee determined. Pay Department based on cost. - S25 per hour. Must contact Registry Resort to reserve tram service and pay Registry Resort. May be provided by the permitee or by contract with the Registry Resort. No alcoholic beverages will be allowed at the event. 8. Hours: Facility use hours will be from sunset to 10:00 pm. Each applicant must sign the Rental Permit and Agreement Form which includes an indemnification agreement. Certificates of Insurance meeting the required insurance provisions shall be presented to the Parks and Recreation Department at least one (I) week prior to the date of scheduled use. Certificates shall state that the coverage is specific to the subject event. ' 2 (B) 8 DEPOSIT POLICY: A security deposit is required at time of reservation. The deposit will be returned provided the facilities are left in an acceptable condition as determined by the Director or designee. The security deposit may be waived for individuals or groups that repeatedly use the facility in a responsible way on a regular basis. No deposits are required from eovernment entities or groups that have been appointed by the Collier County Board of Commissioners. Deposits will be remmed due to cancellations only if cancellations are made three days prior (72 hours) before the scheduled event. Anv cancellations made less than 72 hours prior to the usage date will result in forfeiture of the deposit. ' INSURANCE AND INDEMNIFICATION POLICY: The following provisions for Category I and Il Groups (see Fee Policy for categories) shall apply for all events with groups of thirty (30) or more with the exception of regular business meetings. All groups shall have comprehensive general liability coverage with minimum limits of 5300,000 per occurrence, combined single limits for bodily injury liability and property damage liability, including premises and operations. As determined by County Parks and Recreation Director, in the event of above average exposure S500,000 liability ' coverage shall be required and in the event of unusually high exposure SI,000,000 insurance against liability shall be required. Board of„ . Collier County Commissioners shall be named as additional insured. If the user is subject to Florida Worker's Compensation Law, coverage shall be provided as required by law. The ' coverage shall be for statutory limits in compliance with applicable state and federal laws. 'The policy must include Employer's Liability with a minimum limit of S 100,000 for each accident. Each applicant must sign the Rental Permit and Agreement Form which includes an indemnification agreement. Certificates of Insurance meeting the required insurance provisions shall be presented to the Parks and Recreation Department at least one (I) week prior to the date of scheduled use. Certificates shall state that the coverage is specific to the subject event. ' 2 (B) 8 w i 0 i 1 1 1 CLAM PASS RENTAL PERMIT & AGREEMENT FORM Name /Organization: Address: City: Daytime Telephone: Special Requests:_ Facility /Outdoor Area(s): Deposit amount: S Specific Area Requested: State: Evening Telephone: Zip: Date of Use: / / Time Use begins at and ends at Purpose of Use: Estimated Attendance: Fee: Tax : Total: (excluding deposit) Tax Exempt Number: Contact Personnel: RULES & REGULATIONS Telephone: 16 G14 4 I. Possession of permit is required while using facility. Failure to supply permit when requested by Director or designee may result in expulsion from area. 2. Facility must be left in clean and adequate condition as determined by Director or designee, or deposit will be partially or fully forfeited. 3 (B) 9 16G1 -4% Clam Pass Rental Permit R Agreement Form (continued) 3. All County Ordinances and Parks and Recreation Rules must be adhered to at all times while using facilities. 4. Fires in undesignated areas, animals, alcoholic beverages or intoxicants, solicitors, sign advertisements and any act or behavior that may be displeasing to the public's enjoyment are prohibited. 5. The group or individual(s) to whom a permit is issued shall be liable for any loss, damage, negligence or injury sustained by other person(s) in their party. G. The Director or designee has the authority to revoke any valid permit for violation of Rules or Ordinances, or County need, or other valid causes. 7. 1, the Applicant, agree to indemnify and hold harmless Collier County, the County Parks and Recreation Department any employee of Collier County against any and all claims by or on behalf of any person or legal entity arising from Applicant's use of premises, the conduct of Applicant's business or from any activity permitted by the Applicant in or about the premises, and will further indemnify and hold harmless the County, its Departments and Employees against performance of any agreements on the Applicant's pan, or arising from any act of negligence of the Applicant, or any of the Applicant's part, or arising from any act of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attorney's fees. expenses. and liabilities incurred in or about any claim or proceeding brought thereon. I have read and fully understand all rules and regulations as stated above. Signature of Applicant (if signing for organization, etc., sign name and authority to sign) Approved by: Parks and Recreation Department Official 4 (B) 10 Date Date t P 1 C 16G Ag i 16G1 -4; COLLIER COUNTY PARKS AND RECREATION DEPARTMENT RECREATION MONTHLY REPORT FEBRUARY 1998 VETERANS CP VINEYARDS CP PELICAN BAY GG COMM PARK ATHLETICS RACQUET CTR IMMOKALEE CP MM SPORTS -OOD PROG ALS 71,657 32.532 7,882 52,274 0 3,038 32,897 15,096 241,458 193,244 30,898 234,561 0 13,149 265,682 80,643 C I,J9u 30.343 24,360 28,634 92,666 1,126 1,473 71,208 7,514 /tj,u/ 136.18 172,07 54.50 495.46 5,48 10,08 292.26 83,69E i Ube 11,396 10,781 1,133 0 27,595 8,766 4,658 3,772 53,105 54.553 61,817 5,553 0 62,553] 57,187 15,278 16,758 10,6. 14,11 11,2` ni 52,86 8.85 3,14! 1,53( 45,417 5 8.3 55 63.314 n/a 0 99.842 48.685 11,097 10,520 1 323,2571 1,585,4861 357.9151 1,722,32511 111,3551 462,6071 131,1421 449,745 Athletic users are already counted in park/facility user figures (C) ?.J. PARK/FACILITY USERS REVENUE FACILITY CURRENT YEAR MTH YTD PRIOR YEAR MTH YTD CURRENT YEAR MTH YTD PRIOR YEAR MTH YTD GG AQUATIC 3,165 16,336 3,165 14,286 9,531 30,136 8,254 25,065 GG FITNESS 4,196 17,473 3,486 12,140 10,219 51,714 8,191 36.879 EAST NAPLES 41,877 235,135 48,600 259,953 3,809 16,065 2.503 18,000 FRANK MACKLE 30,889 131,269 24,000 107,111 7,827 37,888 9,748 32,571 VETERANS CP VINEYARDS CP PELICAN BAY GG COMM PARK ATHLETICS RACQUET CTR IMMOKALEE CP MM SPORTS -OOD PROG ALS 71,657 32.532 7,882 52,274 0 3,038 32,897 15,096 241,458 193,244 30,898 234,561 0 13,149 265,682 80,643 C I,J9u 30.343 24,360 28,634 92,666 1,126 1,473 71,208 7,514 /tj,u/ 136.18 172,07 54.50 495.46 5,48 10,08 292.26 83,69E i Ube 11,396 10,781 1,133 0 27,595 8,766 4,658 3,772 53,105 54.553 61,817 5,553 0 62,553] 57,187 15,278 16,758 10,6. 14,11 11,2` ni 52,86 8.85 3,14! 1,53( 45,417 5 8.3 55 63.314 n/a 0 99.842 48.685 11,097 10,520 1 323,2571 1,585,4861 357.9151 1,722,32511 111,3551 462,6071 131,1421 449,745 Athletic users are already counted in park/facility user figures (C) ?.J. 1 1 1 1 1 1 16G1 RECREATION SECTION MONTHLY REPORT FEBRUARY 1998 GOLDEN GATE AQUATIC FACILITY GOLDEN GATE FITNESS CENTER Registered Class Participants 61 Registered Class Participants 2 Facility Users 3,165 Facility Users 4,196 Program Hours 91 Program Hours 5 Program Participant Hours 1,295 Program Participant Yours 5 Revenue S9,531 Revenue 510,219 Special Events 0 Special Events 0 EAST NAPLES COMMUNITY PARK FRANK HACKLE COMM PARK Registered Class Participants 106 Registered Class Participants 1,144 Park Users 41,877 Park Users 30,899 Program Hours 91 Program Hours 80 Program Participant Flours 1,419 Program Participant Hours 9,250 Revenue 53,809 Revenue 57,827 Special Events 0 Special Events 2.827 GOLDEN GATE COMMUNITY CENTER RACQUET CENTER Registered Class Participants 243 Registered Class Participants 196 Facility Users 27,754 Facility Users. 3,038 Program Hours 209 Program Hours 196 Program Participant Hours 7.486 Program Participant Hours 196 Revenue I LS68 Revenue 58,755 Special Events 750 Special Events 74 VETERANS CO,MINTUN1TY PARK VINEYARDS COMMUNITY PARK Registered Class Participants 425 Registered Class Participants 535 Park Users 71,657 Park Users 32,532 Program Hours 162 Program Hours 175 Pro_ram Participant Hours 4,648 Program Participant Hours 11,571 Revenue S11,396 Revenue S10,781 Special Events 0 Special Events 0 IMMOKALEE COMMUNITY PARK IMMOKALEE SPORTS COMPLEX Registered Class Participants 60 Registered Class Participants 46 Park Users 32.897 Park Users 15,096 Proeram Hours 67 Program Hours 32 Program Participant Hours 830 Program Participant Hours 284 Revenue S4,658 Revenue S3,772 Special Events 0 Special Events 400 (C) 12 GOLDEN GATE AQUATIC & FITNESS CENTER 16G1 REVENUE REPORT ' MONTH FY 1994!95 FY 1995/96 96/97 MTH YTD MTH YTD �FY YTD FY 1997/98 MTH YTD OCTCEcR Pcct 4,232 4,232 3,262 3.262 3,509 3,509 6,924 ' Fitness Totals n/a 4,232 n/a 4,232 n/a n/a 3,262 5,567 5,567 10,503 6,924 10,503 3,262 9,076 9,076 17,427 17 427 NOVEMBER Pool 3,679 7,911 2,978 6,240 3,122 6,631 4,107 ' Fitness Totals n/a 3,679 n/a 4,447 4,447 3,912 9,479 8,663 11,031 19,166 7,911 7,425 10,687 7,034 16, 110 12,770 30,197 ' DECE.AEER Pool 3,139 11,050 1,294 7,534 3,889 10,520 5,067 Fitness Totals n/a 3,139 n/a 2,845 7,292 4,342 13,821 8,473 16,098 27,639 11,050 4,139 14,826 8,231 24,341 13,540 43,737 1 JANUARY Pool 3,872 14,922 2,878 10,412 6,291 16,811 4,508 Fitness Totals n/a 3.872 n/a 7,714 15,006 14,867 28,688 13,856 20,095 36,150 ' 14,922 10,592 25,418 21,158 45,499 18,364 56,245 FEBRUARY Pool 3,815 18,737 4,603 15,015 8.{ 2.,4 25,065 9,531 Fitness Totals n/a 3,815 n/a 4,082 19.088 8,191 36,879 10.219 29,620 - '•).369 18,737 8,685 34,103 16,445 61,944 19,750 75.995 MARCH Pool 10,309 29,046 6,675 21,690 18.771 43,836 Fitness Totals n/a n/a 3,760 22,848 5.396 42.275 10,309 29,046 10.435 4x,538 24.167 86,111 APRIL Focl Fitness 12,851 n/a 41,897 n/a 11,312 33,002 5,204 13.784 57,620 Tctals 28,052 6,978 49,253 12.851 41,897 16,516 61,054 20,762 106,873 MAY Pool 16,846 58,743 15,256 48.258 25.016 583.636 Fitness Totals n/a n/a 4,030 32,082 6,919 56,172 16,846 58,743 19.286 80,340 32,935 139,808 ' JUNE Pool 19,396 78,139 20,540 68,798 35,210 118,846 Fitness Totals n/a n/a 3,318 35,400 8,077 64,249 19,396 78,139 23,858 104,198 43,287 183,095 JULY Pool 12,936 91,075 18.424 87,222 26,017 144,863 Fitness Totals n/a n/a 5,181 40,581 6.290 70,539 12,936 91,075 23,605 127,803 32.307 215,402 AUGUST Pool 11,664 102,739 17,195 104,416 19,617 164,480 e Fitness n/a n/a 4,833 45,414 7,697 85,877 Totals 11,664 102.739 22,028 149,830 27,314 242,716 ' SEPTEMBER Pool Fitness 8,704 111,443 n/a n/a 11,459 115,875 10,078 11,366 175,846 55,492 7,641 85,877 Totals 8,704 111,443 21,537 171,367 19.007 261,723 1 1 1 1 1 r 1 1 1 1 16G1 . ,al COLLIER COUNTY RACQUET CENTER REVENUE REPORT FY 1994/95 FY 1995196 FY 1996197 FY 1997198 MTH YTD MTH YTD MTH YTD MTH YTD OCTOBER 5,371 5,371 6,173 6,173 12,811 12,811 13,824 13,824 NOVEMBER 8,595 13,966 12,327 18,500 10,434 23,245 13,023 26,847 DECEMBER 6,722 20,688 5,418 23,918 6,989 30,234 7,100 33,947 JANUARY 10,432 31,120 10,001 33,919 9,600 39,834 14,474 48,421 FEBRUARY 8,176 39,296 9,719 43,638 8,851 48,685 8,766 57,187 MARCH 6,121 45,417 5,796 49,434 6,156 54,841 APRIL 5,016 50,433 6,587 56,021 6,287 61,128 MAY 4,328 54,761 3,817 59,838 4,149 65,277 JUNE 3,918 58,679 2,158 61,996 3,081 68,358 JULY 3,321 62,000 3,990 65,986 5,489 74,207 AUGUST 2,945 64,945 4,546 70,532 7,685 81,892 SEPTEMBER 4,182 69,127 6,830 77,362 8,429 90,321 1 C� 1 r� 1 16Gi '4i* BEACH AND WATER MONTHLY REPORT FEBRUAR 1998 (C) 15 (Cocohatchee remittance not received) USERS REVENUE CURRENT YEAR PRIOR YEAR CURRENT YEAR PRIOR YEAR MTH YTD MTH YTD MTH YTD MTH YTD METERS (ACTUAL) BAREFOOT 10,937 34,945 29,899 50,041 } 2,685 6.417 3,180 8,265 BB PRESERVE 25,342 78,691 26,107 81,219 13,459 38,641 15,811 47,464 CLAM PASS 27,442 93,400 39,338 94,004 5,163 15.865 6,849 19,920 TIGERTAIL 22.658 118,045 39,504 112,354 23,247 82,399 26,011 84,483 VANDERBILT 13,488 60,661 24,481 57,823 4,664 11,874 4,107 10,681 V BCH RD METERS 0 0 0 0 1,148 5,327 1,789 7.199 N GULF SHORE 7,800 26,137 12,741 34,828 249 959 424 1,048 SOUTH MARCO 5.700 22.202 7,380 25.856 2.785 9.673 3.652 9.062 TOTAL 113,367 434,081 179,450 456,125 53,400 171,155 61,823 188,122 EAYVIEVI 11868 48.071 11,803 56,989 865 2.896 812 3.956 SR 951 7.476 27,835 5.049 18.034 0 0 0 0 CAXAt,16AS 7,404 29.053 10.888 27,467 0 0 0 0 LAKE TRAFFORD 19314 72.657 22.382 63.498 0 0 0 0 COCOHATCHEE 17.795 71,572 25.197 91.842 1,066 5.420 1,818 5.142 TOTAL 64,358 249,188 75,319 257,830 1,931 8,316 2.630 9,098 CONCESSIONS BOAT LAUNCH 919 4.420 1,258 5.980 CONCESSIONS 11,298 52.476 16.991 54.515 TOTAL CONC. 12,217 56,896 18,249 60,495 BEACH VENDOR 0 750 0 0 CITATIONS 1185 3585 0 0 GRAND TOTAL 113,367 177,725 254,769 713,955 55,331 237,117 82,702 257,715 (C) 15 (Cocohatchee remittance not received) I6G1 °41 PARKS SECTION FEBRUARY 1998 1. Installation of scoreboard relative to Veterans Roller Hockey Rini: completed. 2. Remedial repairs relative to dune crossover at Clam Pass . 3. Construction completed relative to the Immokalee baseball field. 4. Conceptual and Preliminary held with city of Naples regarding joint beach access improvement program. �. List of landscape improvements relative to the Cocohatchee River Park completed. 6. Renegotiation of TECH contract underway. 7. Construction continues relative to Sugden Regional Park. (C) 16 x x Ra r.� 019r.—_ FEBRUARY 1998 404 0�. x 14 J� L1� 1 40 40 I J4 16G1 -*l A li1TIE ST. PAIRICk'S DAY POEM JUST FOR YOU: IITIS 6PPY I AM ANd kAPPY I'll bE ..... KNOWN' YOU likF ihE IikES 0' ME!° HAPPY ST. PATRICk'S DAY! 1 157 pFOplf wAiditd flit Gulf C(xt Bi(j BANd ptIIfORM Al Iftt FI(ANk E. MA(klt COMMunity PARk. TNF Fitimis of II1t FRANk E. MA( klt COMMUNIIy Pak mist (I S 1,555.00 dultim1 A VAItNIIN1 Tit N DAN(t ANd St NIOlt Chin N% DAN(l . Owil 200 IttN %AIIINdfd A YOUII( IMi)A(I Ni(Iltl At Il(F COWIN GAIL COMMUNity C1NItlt. (Xt If 400 F yt% WA I( lit (I iN AMA /I Mt NI A% 1111 PI II plAy111% ()I IJORMI (I 1111 play PiN(,( ( Ilit) lit Id At lift GOI(If N GAl1 COMAIUNify C1 Nil R. (NI- It 500 It INN (IAN( t(I Wlllt ( Upid ON VAIINIiNt% DAY Al %M MI Of Illt COlMMUNity Ct NIFIl%. Tilt fit(%[ ANNUAI "DAddy- DAU(ililtR Nit Ni(jltl" WA% IIFI(I AI lilt VINtyAItd% COMMUNily I)A & 180 dAU(jIIIFRS ANd dAd% dAN(f(I lift Ni(IIII AWAY. Om DAddy FVtN I)ROU(jlll Ili %(IAU(jIlltR iN 1% SIRtICi1 IIMOUSINF. 1, 2, 3 Smikt% YOU Out Al lilt "OI COMMUNily PARkO A% BAbt RUIII And Linit LtA(IU1 bl(jiN IhFiR SF MOM. B040 BAIT i% flit NFW (jAMt Al Ilit WIFRAN% ANd Ptli(AN BAY CA MMUNily PARk %. ThE SAN(IUAIIY SkAItI)ARk i1A% 627 MFM hw%. r` TOURi %1% fi(OM 30 %IAItS ANd 10 fORti(1N COUNII&S IIAW VlSllt(I lilt SANOLAIly S6111MRk. (C) 17 �n kx t� 11 I I I 16G1 ""c i r 16 G 1 ADOPT• A• PARK REPORT The :adopt -A -Nark Report is prodded h% the Parks and Recreation Advisoo Board. Each PARAI3 member %isits their adopted parks and Liles a detailed report of the parks condition. The purpose of this report is to help Parks and Recreation Department to corttinually improse in maintaining park facilities. Tim Blackford: it. Vineyards Community Park Report on 8/26/98 h. Clam Pass Community Park Reported By Staff a. Immokalee Community Park Completed 2/25/98 h. Immokalee Recreation /Aquatic r�d�ti%, :# lid- ''M Hill tlll klvlifdf i wi N 1 d•i�til� 11 1. doll' t nldfllltllisll i dddl.'. C. �I:Iti ti, It:k�a' .Ir,. i dd11111it1i111' :' dii Gil dueller: a. Frank Nlackle Community Park h. Tigertail Beach c. Collier County Racquet Center .John Grice: a. East Naples Community Park h. Su9den Regional Park a. Bayview Community Park b. South Naples Community Park .Joseph Zaks: a. C'ocohatchee River Park h. I.ely Barefoot Beach (n) 18 Report on 4/22/98 Report on 5/28/98 Report on 6/24/98 Report on 7/22/98 V� PARKS FIND RECREATION � ADVISORY BOARD MEETING SCHEDULE 2:00 P.M. 1 16G1 'AA NOTE: ' Meeting dates could be changed due to holidays observed. PARAI3 members will be notified 2 weeks prior to meeting date in the event of a change. PARAB meets every 4`h Wednesdav of each month. ' "MEAN'S A DATE OR A LOCATION HAS BEEN CHANGED. (D) 19 DA `E LOGATION ' I. '_. March 25. 1998 Lel Barefoot Beach, Bonito Beach Ruud April 22. 1998 Frank 1lackle Community. 1.267Andulasi0 Jerrave e3. May 27. 1998 Immokalee Community Park, .i11 ,v I" vreet 4. June 24, 1998 Sugden Regional Park, Oist rPrive July 22. 1998 Vineyards Community Park, 6:.17Arbor Dr. N eat h. :august 26, 1998 Golden Gate Community Center, 4701 Golden (lute. pk%%% 7. September 23, 1998 flax A. llasse .lr. Community Park, Bolden ( ;ate IM-11. October 28. 1998 T.B.A November 25, 1998 1'.B.A Ill. December 23. 1998 'T.B.A 16G1 'AA NOTE: ' Meeting dates could be changed due to holidays observed. PARAI3 members will be notified 2 weeks prior to meeting date in the event of a change. PARAB meets every 4`h Wednesdav of each month. ' "MEAN'S A DATE OR A LOCATION HAS BEEN CHANGED. (D) 19 16GI 4S Pathway Advisory Committee to the Naples (CollierConnto Metropolitan Planning Organization Friday March 20, 1998 8:00 a.m. Collier Coun Development Services Center conference Room E 2800 N Horseshoe Drive 16G Agenda PATHWAY ADVISORY COMMITTEE to the .Naples (Collier County) Metropolitan Planning Organization March 29, 1998 8:00 a.m. Collier County Development Services Center Conference Room E 2800 North Horseshoe Drive Naples, FL 34104 Notice: Any persons wishing to speak on any scheduled agenda item must register prior to speaking. Any person desiring to have an item placed on the agenda shall make a request in writing with a description and summarization of the item to the MPO Bicycle and Pedestrian Coordinator at least 14 days prior to the date of the next .scheduled meeting of the PAC. Any person deciding 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 he based 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES 3. OLD BUSINESS none 4. NEW BUSINESS A. Presentation: OCPM Cross - section Alternatives for Goodlette -Frank Road B. Introduction of New Tools for Program Priority Setting, Project Tracking and Appropriations C. Program Priority Setting 5. DISCUSSION OF ADDENDA 6. MISCELLANEOUS CORRESPONDENCE 7. LITERATURE 8. ADJOURN MINUTES Pathway Advisory Committee Meeting DATE: Friday February 20, 1998 TIME: 8 :00 a.m. PLACE: Conference Room E Development Services Bldg. 2800 N Horseshoe Drive Naples, Florida 34104 PAC MEMBERS MPO STAFF Cher Compton X Jeremy D. Battis Arnold DeHart x Ken Heatherington 1/2 George Dondanville X William Dunnuck X Christopher Hagan X Anita L. Jenkins ABS Theodore P. Litwin ABS E. Ann Winnie ABS County Personnel Art Dobberstein, Public School Transportation FDOT None CALLED TO ORDER: 8:15 a.m. PRESIDING: Chris Hagan, Chair City Personnel None Members of the Public Doreen Vachon, East Naples 16G141' 1. ADDENDA TO THE AGENDA Doreen Vachon, a resident of east Naples's Coconut Creek neighborhood, requested to speak on the need for a sidewalk on Cardinal Street. Added as New Business 4.addendum. PAC member Bill Dunnuck's report on the upcoming Bike Marco cycling tour was added as New Business item 4.C. Because of the nature of the items under New Business, it was decided that New Business 4.A. and 4.6. and 4.addendum. would precede Old Business. 16G1� 2. APPROVAL OF MINUTES Approved unanimously without revision. 4. NEW BUSINESS A. Briefing: PAC Membership Update Jeremy Battis introduced and welcomed new PAC members Bill Dunnuck and Arnold DeHart. B. Presentation: Alternative Recommendation for Golden Gate Russ Muller began by explaining that he has been in contact with the Safeways to School program, a research and demonstration project by the FDOT safety office. Safeways to School has selected Golden Gate Elementary as a demonstration project. An analysis of the site by Muller and the program suggests that if 18th Ct SW, the PAC favorite for District 3, were to become a project it would necessitate the need for an additional crosswalk and crossing guard. It is unlikely that funding would be located to post an additional crossing guard. As an alternative, Muller recommended eliminating 18th Ct SW from further consideration and adding 19th Ct SW in its place. Muller's recommendation was accepted and conversation then segued into reprioritizing District 3 with Cardinal replacing 18th Ct SW in the no. 1 spot, followed by 19th Ct SW from 19th Ave SW to 20th PI SW with the other project rankings remaining the same. addendum. Cardinal Street Ms. Vachon stated that there is no safe route for children living in the Coconut Creek and Flamingo Estates subdivisions to East Naples Middle School. This is due to the lack of sidewalks and heavy traffic volume along North Rd and Cardinal St. She stated that she has allowed children to access her backyard as a safe route to school. She continued that she has been seeking a sidewalk on Cardinal St. for twelve years and as a taxpayer feels this street should be considered for project funding. She concluded by asking how many deaths must there be before the County takes action. C. Bike Marco PAC member Bill Dunnuck announced the organization of a new annual event to be held in Marco Island. The 20 mile, three -leg event will circle the Island and finish at Key Marco (which features a private bike lane) at a reception May 9, for the purpose of raising awareness of the cycling environment on the Island. All PAC members and affiliates are welcome. 3. OLD BUSINESS A. Final Selection of Projects for 1997/98 Local Fundine Battis began by pointing out that the title of the agenda item refers to the allocation of funds, not to priorities. The task for the PAC today is to compile a final list of projects for 16 G.1 "% funding under Fund 313. Those projects at the top of the list will be funded first, moving down until the $250,000 allocation is depleted. Those projects at the bottom of the list which remain unfunded will carry over to 1998/99 and form the basis for a new rankings list. The PAC will deal with the issue of unfunded program priorities at the next meeting, Batti, continued. This priority list should be compiled without regard for budgetary limitations. It will form a framework for recommendations for STP funds, Enhancement money and safety funds. It will also work to communicate to State and County transportation staff the perceived importance of bike/ped facilities along future roads and future road improvements. Further, the priorities will be for the entirety of the County, both municipal and unincorporated. New tools which have been developed in spreadsheet form will be introduced in the next meeting packet to familiarize the PAC with this prioritization practice. This methodology more closely resembles that of the MPO and corresponds to the MPO priorization cycle. It is hoped that this division of tasks will clarify questions of spending and priorities and where to place projects in terms of both importance and scheduling. After much discussion of various allocation arrangements the PAC unanimously decided on the following rankings for 1997/98 Fund 313 spending: Location Proiect limits Side of road Estimated cost (1) Thomasson Dr Dominion to Bayshore north $27,400 (2) White Blvd. CR 951 to First Bridge south $51,300 (3) Sixth St 91st Ave to 111th Ave west $64,000 (4) Cardinal St North Rd to Estey Ave west $20,000 (5) 19th Ct SW 501h Ter SW to 52nd Ter SW south $22,000 (6) Pine St US 41 to Becca Ave west $28,600 (7) Becca Ave Pine St to Bayshore Dr north $18,000 (8) Jackson Ave Palm St to Pine St north $15,000 (9) 91st Ave Vanderbilt Dr to US 41 south $48,500 $294,800 Before the final vote was taken, Battis requested discussion of the motion for final adoption of the proposed rankings. Battis commended the PAC on their dedication for both attendance at meetings and thorough study of the issues and projects to help the budget process move forward. He continued that all the projects on the final list were worth doing. However, he noted that Cardinal St. was not on the 2020 long range plan [ 19th Ct SW also is not]. The long range plan was adopted to serve as a framework for building the network and to keep the endeavor focused. The long range plan will be updated in 1998 and the PAC and the public will have ample opportunity to impact that revision. It is necessary, meanwhile, to pay more attention to the boundaries set by the 2020 plan to ensure the Bike/Ped Program adds infrastructure in an optimized fashion. It should not be possible to make additions to the candidate list in the last round of eliminations. Battis said 16G1 -''K he would not object to the PAC recommendation put forth, but future compliance will be necessary as the PAC enters the 1998/99 appropriations cycle. 6. DISCUSSION OF ADDENDA As detailed above 7. MISCELLANEOUS CORRESPONDENCE Noted 8. LITERATURE Noted 9. ADJOURN Meeting adjourned at 9:40 a.m. Prepared by: ReAewed by: Date: Jan. 7. 1998 1oordinator )ate: Jan. 7 1999 EXECUTIVE SUMMARY Presentation: OCPM Cross - section Alternatives for Goodlette -Frank Road Objective: To have the PAC identify its preference for bicycle and pedestrian facilities within the expansion of Frank- Goodlette Road to four lanes. Considerations: Collier County Office of Capital Projects Management (OCPM), the office that coordinates and designs road projects has, in conjunction with a consultant, identified three possibilities for incorporating bicycle and pedestrian facilities into the expanded Frank- Goodlette Road. Vladimir "Ladd" Riziw, the project manager will make a presentation to the PAC to get feedback from the group. The three design options include: • A sidewalk design w7thout bike lanes, but with sidewalks (six feet in width) on both sides of the road • A bike lane design with sidewalks (six feet in width) and bike lanes (four feet in width) on both sides of the road • A "greenway" design with a 10 -foot pathway on the west side of the road. OCPM is advocating the "grcenway' design for the following reasons: • Goodlette -Frank Road is the location of another greemvay to the south • The Road would be kept further away from the Pine Ridge neighborhood • There is a possibility of also installing a sidewalk on the east side of the Road • There is the potential for landscaping the pathway /grccn%%ay • The option minimizes right of way acquisition • The option is supported by Pine Ridge property owners • The option eliminates safety concerns presented by in -road bike lanes Note: The "grcen%vay" option as is proposed would rely on ISTEA Enhancement funds for completion. Enhancement funds arc awarded on a competitive basis and generally do not become available until five ycars from the date of award. Staff Recommendation: That the PAC consider the proposed options for Frank - Goodlette Road and identify their preference. Prepared Reviewed )ate: March 4. 1998 .00rdinator Motion: Made by: Second by: Vote: 1661 Meeting Notes )ate: March 4. 1998 PAC Agenda March 20, 1998 Item 4.A. 763 P14 FEB 27 198 17:51 1-6G1 1414 am The bike lane alternate section (Exhibit II3-1) is designed to include a 4' wide bike lane on the outside travel way in both directions. This section also proposes construction of a 6' wide concrete sidewalk directly off the back -of -curb on both sides. This is proposed In order to maximize intermodal transportation uses of the roadway corridor. The bike lanes will provide additional drainage capacity for the roadway section. The bike lanes will also serve to improve clear zone distance and vehicle recovery area. ,, : - The greenway alternate section (Exhibit II.13-2) provides for moving the travel ways as far to the east as possible within the existing right -of -way corridor. On the western side a 10' wide pathway is proposed setback 3.5' from the back of curb with a 12' wide landscape buffer adjoining the Pine Ridge Subdivision. This greenway is adequately sized to provide for safe passage of bicycle pedestrians. This greenway will ultimately be landscaped to provide buffering to the adjoining homes and aesthetic benefits to the traveling public. ;�M` The sidewalk alternate section (Exhibit II.B -3) to provides a 6' wide sidewalk directly off the back of curb in both direction along the roadway corridor. This alternate is a compromise between the greenway and bike lane options. This is a common roadway configuration, which should be able to be built cost effectively. A more detailed discussion of the proposed roadway will be provided within the Design section of this report. 2ri1f fr.«Wknv tr. ; 763 P06 FEB 27 198 17:49 si I N O a� a w Fm Q k 4 z �7 - -- -,.- I - I Exhibit II.A,2 -1 a.14A 16G1149 .4CO0 cn op O ZW W< z� Q '�" in p� fa M W gg 3 t Fjr ci 0 W Z. �, n w C4 w r W O o 0 Ol Ny h w \ -- N � Ja- wz si I N O a� a w Fm Q k 4 z �7 - -- -,.- I - I a.14A .4CO0 cn op O ZW W< 1 t Q '�" p� M t Fjr POO o w \ -- N � Ja- si I N O a� a w Fm Q k 4 z �7 - -- -,.- I - I a v .. h v � w� 4 m N O O 0 %3 P0? FEB 27 198 17:49 Exhibit II.A.2 -2 16 G 1 '41 z F H 09 Cl) O O Z W 4 z w N Ho° �o w04 h I a Cl z h N Z or W ~ W W Z W g m 0 W N J H t N 763 P08 . ,:,. FEB 27 '98 17: 50 Exhibit II.A.2 -3 16G104 -W Z O 0A E"' O .44 w �Ax cn w 0 E-+ ° a Z � � W A H Q s a 763 P10 FEB 27 '98 17:50 VANDERBILT "ZZ& 11 BEACH ROAD •� , t STA. 547 +00 'v 130 ROW Et��-�STA. STA. 539 +50 (2,250'±CARICA ROAD NORTH TRANSITION (350 :1) 527 +50 100' ROW (8,780'±) RIGHT -OF -WAY SCHEMATIC Goodlette•Fra »k Road Doolo Study STA. 524 +00 11 1, ; f i l t .•.1 16G1'°" ��ORANGE' BLOSSOM ',,�' DRIVE STA. 500 +00 11 t, t; ,! t, t t STA. 460 +20 CENTER STREET 11 11 t t t, t STA. 412 +20 _._.._..._..- PINE RIDGE ROAD JOHNSON ENGINEERING, INC. 2/18 1 263% 1 35r6 I— 4.T.S. I—' t t,► , 763 P15 FEB 27 198 17:51 Exhibit 11.9 -1 16G1 A" V i Z W11 Z 9 z� wr o� cn=� y � = O a 7 6 H 1� I 7b O - 763 P16 FEB 27 198 17:52 Exhibit 113 -1 � ' "'A le a 1 I a Q �7 �f tj Z W11 Z � W � ZS oil to W I Z C i p w z W b Y e b yg b 4. :1®c b b 763 P17 FEB 27 198 17:52 Exhibit 113 -2 16G1*�� g Wil zo wk- A n r F+ N !n o a d �b C it _ 19 � r 0. b C p -0. 30 la b a a 763 P18 FEB 27 198 17:52 Exhibit 11.8 -2 . 16GI " "% M h' l O 0 �o !4 N zz U � Z � � Z1 WO z � o i11 W 1 z 0 N Iva z O i �o e s - Z —1 4- y N f d 763 P19 FEB 27 '98 17:52 Exhibit 11.8 -3 M I b 16G1'''4 Z�� a � W Wil Za W •� O n Zy)rA Z K! O a � � c w0 PI �W x Ia �o �0 w� �o x 0 Z s r rg q `s r I b •«' rr 1! 763 P20 FEB 27 '98 17:52 Exhibit 11.8 -3 16GI z Wil z_ C9 z t� W N i z ; a C� Q i W w 44 Q O ax a� w� Ll D Z 9 o �0 o Q, Jm Iri O z 763 PO4 FEB 27 '98 17:49 16G1 "q II. PROJECT DESCRIPTION �Vq W1�� In selecting the final alignment for the Goodlette -Frank Road, Wilson, Miller, Barton, and Peek, Inc. and Agnoli, Barber, and Brundage, Inc., took many factors into consideration. These factors included future expansion of the roadway, conflicts with the Florida Power & Light (FP &L) easement. and proximity to existing subdivisions. In the first phase of construction, from Pine Ridge Road to Orange Blossom Drive, the roadway alignment was set such that it would allow for future expansion into a four or six lane facility when such traffic volumes warranted. In order to maximize the use of existing right -of -way for vehicular traffic, Collier County obtained a 15 foot easement from FP &L along the eastern right -of -way for the entire segment. This easement allowed for the eastern roadway lanes to be located as close to the edge of the right -of -way and also allowed for the construction of a bike path and drainage swale within the easement. As part of the design, Wilson, Miller, Barton, and Peek, Inc. prepared for future expansion of the facility to four lanes by grading the subgrade on the westem portion of the facility for the additional two lanes required. In the second phase of construction, from Orange Blossom Drive to Immokalee Road, Agnoli, Barber, and Brundage, Inc. recognized potential conflicts with future expansion and adjoining residences. In order to maximize the use of the right -of -way, allow for future expansion, and minimize conflicts with property takings from adjoining land owners, AB&B set the alignment for the new roadway as far west within the right - of -way as possible. Using two reverse curves, the roadway alignment was shifted 50 feet to the west. It was thought, at that time, that future lands needed for expansion of the facility would be more easily obtained from FP &L, on the east side of the right -of -way, than from residents of the Pine Ridge Subdivision on the west side. 763 P05 FEB 27 '98 17:49 16G 1 "I At a point, approximately one -half mile north of Orange Blossom Drive, the roadway then shifts again to the eastern portion of the right -of -way. Again this was done using two reverse curves to realign the roadway approximately 50 feet to.the east. It is at this location that the right -of- way widens from 100 feet to 130 feet and therefore was determined to be wide enough for proposed expansion of the roadway in the future without property takings. Goodlette -Frank Road, as it presently exists from Pine Ridge Road to Orange Blossom Drive (Exhibit II.A.2 -1), is actually the two northbound lanes of a four lane rural design with a I6 -foot median. East of the roadway, there is a 5 -foot asphalt sidewalk located 18 feet from the cast edge of the pavement. This sidewalk has been created along this entire section of the roadway. Between the roadway and the sidewalk, a minimal drainage Swale was created. This Swale slopes down from the roadway at 4:1 and up to the sidewalk at 2'/ ::1. The depth of the swale varies from 1.6 feet to 2.4 feet. West of the pavement, as stated before, the ground has prepared for the future two southbound lanes of Goodlette -Frank Road. Therefore, the grades and slopes of the roadway were designed and set for this future work. Further west of the prepared ground, there is a large, existing drainage Swale which will be affected by the proposed roadway expansion. This drainage Swale is located approximately 48 feet from the existing west edge of pavement. Side slopes of the Swale are 2:1 and the depth varies from four to five feet below the existing ground. From Orange Blossom Drive to Vanderbilt Beach Road, the alignment of Goodlette -Frank Road has been shifted for a major portion of its length from the east side to the west as stated before. This portion of the roadway (Exhibits II.A.2 -2 & 3), as with the previous section, was constructed as the two southbound lanes of a four lane rural design. However, the ground east of the roadway has not been prepared for the future expansion and will require cutting and filling to do so. Along this roadway portion, no sidewalk has been installed. Finally, it is important to note that much of this section of roadway has been elevated above the existing ground. Fill slopes along the roadway shoulder of 2:1 to 3:1 are typical throughout this section. 763 P09 FEB 27 198 17:50 I6G1%4% The slopes, shoulders, and recovery areas for both sections of this roadway support a 45 mile per hour design speed. The roadway consists of 10- inches of compacted limerock base over a 12 -inch stabilized subgrade. The surface is 1 -' /." of S -1 asphalt. The condition of the roadway is still very good. There are some drop -offs along the edge of the pavement which require repair and should be given attention upon expansion of the roadway. 3. Right -of -Way Widths: The existing right -of -way widths for Goodlette -Frank Road are as follows: a. Goodlette -Frank Road from Pine Ridge Road (Station 412 + 20 + / -) a length of approximately 8,780 feet to a point approximately 2,400 fact north of the Orange Blossom Drive Intersection (Station 524 + 00 + / -) is a 100' right -of- way. b. Goodlette -Frank Road from Station 524 + 00 +/- to Station 524 + 50 +/- a length of approximately 350 feet covers the transitions from a 100' to a 130' right -of -way. C. Goodlette -Frank Road from Station 527 + 50 +/- to Vanderbilt Beach Road (Station 547 + 00 + / -) a length of approximately 2,250 feet is a 130' right -of -way. A right -of -way schematic (Exhibit II.A.3) is provided outlining this configuration. in addition, Collier County obtained a 15 -foot easement adjacent to the east right -of -way for clear zone and sidewalk construction. This easement is located from Pine Ridge Road to Orange Blossom Drive. 4. Permits Reaufrements: When the section Goodlette -Frank Road north of Orange Blossom Drive was designed, a major concern was for the crossing of a major wetland system known as the Cocohatchee Strand. A standard dredge and fill permit was obtained from the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation (DER). Subsequently, a surface water management permit was obtained from South Florida Water 763 P11 FEB 27 '98 17:50 1661. N< Management District (SFWMD) citing the following reasons for granting of the permit: a. Roadway alignment was appropriate due to it following the old railroad alignment through previously disturbed wetlands. b. Wetland impacts were minimized by roadway expansion of an existing road rather than constructing a new north -south roadway. C. The design utilized restrictive highway design standards to minimize wetland impacts. These permits are included in the report Appendix. S. intersections: At the present time, there are three signalized intersections along this portion of Goodlette -Frank Road: Pine Ridge Road, Orange Blossom Drive, and Vanderbilt Beach Road. With more developments planned along Goodlette -Frank Road, it may be required to install additional signals where such conditions warrant. Currently, the intersection at Vanderbilt Beach Road was constructed in anticipation of future road widening. Rework of this intersection should be minimal. It is also important to note that the intersection with Carica Road North is close to the Vanderbilt Beach Road intersection. Concerns have been expressed about the future limitations of the Carica Road North intersection and possibly prohibiting left turn movements from it so as to avoid conflict with northbound left turn lanes for Vanderbilt Beach Road. 6. Sur ace Water Drg{ng Patterns: This section of Goodlette -Frank Road is part of two separate watersheds (Cocohatchee River and Gordon River). All local watersheds, in general, slope from east to west toward the Gulf of Mexico. The drainage divide between the two basins is located at the intersection of Orange Blossom Drive and Goodlette -Frank Road. Existing ditches, culverts, and cross - drains, primarily located on the western side of Goodlette -Frank Road, 763 P12 FEB 27 198 17:50 11.6G1OIA carry runoff to their associated basins. The ditch, south of Orange Blossom Drive, flows to the south and was designed to collect water from the roadway and carry it to various outfalls within the watershed. This ditch is currently located within the western portion of the right -of -way of Goodlette -Frank Road. The ditch, north of Orange Blossom Drive, flows to the north and is designed to collect water from the roadway and discharge into the Pine Ridge Canal. a. Cocohatchee River Basin — Goodlette -Frank Road between Vanderbilt Beach Road and Orange Blossom Drive drains to the north via the Pine Ridge Canal. Water collected from the roadway is routed within small roadside swales and is discharged into the Pine Ridge Canal at various locations. The Pine Ridge Canal is located within a 40' drainage casement running along the western right -of -way of Goodlette -Frank Road. The canal is along the right -of -way from Orange Blossom Drive and continues 3,800 feet north to Carica Road North. At this point the canal gradually turns northwest and continues north, parallel to and 700 feet west of Goodlette -Frank Road, to the Cocohatchee River located just north of Immokalee Road. An amil -gate weir located at Immokalee Road controls the water level in this canal system. b. Gordon River Extension Basin -- Goodlette -Frank Road, between Orange Blossom Drive and Pine Ridge Road, drains to the south. Water is routed through a primary roadside swale located on the western portion of the right -of -way. There are no major water control structures located along this section. The flow continues across intersecting streets via cross drains and culverts until it reaches the Gordon River just south of Golden Gate Parkway. An amiI -gate weir located at Golden Gate Parkway controls the water level in this canal system. 763 P13 FEB 27 198 17:51 16cl0A UNEW771 . �. There are no major drainage structures located along this section of Goodlette -Frank Road. Primarily, the drainage structures installed within this section of the roadway are limited to cross - drains across Goodlette- Frank Road. These allow for the water collected on the eastern portion of the right -of -way to be transferred to the drainage ditches located on the western side of the road. As well, the only other structures along the roadway are culverts Iocated at intersecting streets, which allow for continuous flow within the ditch. B. Praga d acility Goodlette -Frank Road will be designed as a six -lane roadway from Pine Ridge Road approximately 3,000 feet north to Center Street. The road section will then taper down to a four -lane section. The design will be developed and constructed in one continuous section. The ultimate design will develop six lanes of traffic flow throughout the project. The completed road will consist of three 11, wide lames of traffic in each direction separated by a 19.5 -foot urban median. The median width is the minimum allowable for an urban street with a design speed of 45 -50 miles per hour. The road will also have curb and gutter at the outside lanes of traffic along the entire roadway. In order to maximize the use of the existing right -of -way and FP &I. easement, the roadway will require relocation and shifting of existing travel lanes. The design speed for the completed section will be 45 miles per hour. Intersections of Goodlette -Frank Road with Vanderbilt Beach Road, Pine Ridge Road, Orange BIossom Drive, AutumnWoods entry, Calusa Bay entry and Carica Road North will be reviewed for future improvements. Tlie design alternates considered for this project right -of -way are based on preliminary meetings held with the public, the partnering group and Collier County staff. For the purposes of this report, three specific alternates have been considered. 16G1'0% EXECUTIVE SUMMARY Introduction of New Tools for Program Priority Setting, Project Tracking and Appropriations Objective: To familiarize the PAC with new tools to simplify and clarify the scheduling activities of the Bicycle and Pedestrian Program. Considerations: Previously a single document has been utilized to track new construction, set program priorities and rank projects for spending. Malty PAC members expressed contusion as to what types of projects should be considered during the appropriations process. The question was asked whether the process should deal with spending — rank only those projects which are good candidates for Fund 313 (the Bike/Ped budget) or with priority setting— whether rankings should be assigned to unfunded priorities or projects that are part of a roadway widening. Another question was how to treat projects which appear to have secured funding but have not yet been constructed. Should they be left on the list to reemphasize the importance of the project? Or should the PAC be concerned mainly with seeking out new projects? And how to track them if they are left off the list? After some careful scrutiny it appeared that what was needed were three separate documents: a work program to monitor projects over a 5-year period, an unfunded priorities list to identify and communicate which projects were considered most important, and an appropriations worksheet to assist in selecting projects for spending the annual budget. The work program tracks the status of all projects from the current fiscal year through five years out plus the n ext Year's tentative work schedule. It also identifies the funding source which in turn reveals whether the project is funded as a separately financed item (through Fund 313, Safety Funds, STP Priority, or Transportation Enhancement) or as part of a road improvement project. Once a project is constructed and that fiscal year for construction elapses, the project will be removed from the work program. The unfunded priorities list identifies the greatest needs facing bicycle and pedestrian transportation. A project will be considered unfunded if it is a component of a larger (improvement) project which has not been completed or is a safety or parks project which has not yet been completed. Projects which have secured funding via STP, Enhancement and Fund 313 monies will be considered funded and will be removed from the list to make way fot new unfunded priorities. The appropriations worksheet will serve as an annual forum for introducing and narrowing projects for consideration for the Bike/Ped budget (Fund 313). To be eligible, candidates should be public streets identified by the 2020 Naples Urban Area Bicycle and Pedestrian Facilities map ( "the 2020 plan"), Discussion drafts of these three documents are attached to further illustrate their intent. Staff Recommendation: Prepared by: I Reviewed by Informational item. AICP :41 � t / Date: Feb. 17. 1998 Pedestrian Coordinator Date: Feb. 17, 1998 Coordinator PAC Agenda March 20, 1998 Item 4.13. 111111111 ■11111 1 � � 1 IIIIIIIIIIIIIII in rr err r r r 1'�r1 00 Ic >�I I I I ILI 1 I Iu IL1 Si�l� Of w, S lie I W W a S 6 w a s I L1 Li U V l7 y UW 9 ind dyad Aunoat I I 1 RM IM IIyM /yM li�.1IIII�y/ I (GIC Pund) Wpn8 po&mnlB Aun" o- hs(wd OulusPIM Psoi AnoJ 1 I l I El N! LL I ha(wd ouluspim Psov cant) .7 (1410 spun! A•1•t pji" II jTJ aR 1 (Y31sU spuni luswsousqut IWOPsd (dls) uonsyodsus�i saeynt Iswpy_ III � � �I � I 1► I H I Y L U i (Sms) Isoo Pgtwpsjj 444;i n nIp Ip C 1 i9 VO1T-Iq M. I INAS )0 1pif ---uOp �1f=IWW i��I2Cpimlmlmlimi�IfalfOlm lf�Dylm mlt0 m Q!!l0 mIz fDImlCl�m fD 21N i'ZITs Ni3 s1 ' ^I I/OI O OIR A Yf1 ^i ^Ih �IO 1 EDIAINI�IQ1 IIIN � „ IN! ^ N � � _ R ;-j -�--. NININ N4IPlIN'. -�NI INN PI I(11 11'1�Pllry Pf R I�IN IPIIPfIf fIR �N h{As101 i o I I io ( I I ; 1 ff , 3 I WI 1►' -- - - - -- �I I �I ' ^4IN I � �I �I I I I I ' I I I' MM 4 {{441 {1 {{(k� USlg i i O MIT q�1 iIAI IT: i i i r 11 `; =�; "f'.'n.. I I z � I yy t. S, EI '�ply��' :III :'3iLL ,> o � F'<�N � 1 � ^I , I � I fi phi Oiler 05;I Jz,�Il�I '? ~�� 1/liyl� Oi�Z �17517��IpB� i t; I I I oIC al CI II ( I I ,e�v'R:IN'!IQY1..y►''si'Ciisl�� 26 ffiI < K r�! i�gIOfI�'UIOiI< J"UMNVorjln I I nn �L IF I ^ 1.^., :^ R.'� R 18 n .. >QI I�lol�nl NIfP,II/R1Irlllolr . ie A ^�'IR 16GI"mi 16G1'OK 0 Of Adopted by The Naples (Collier County) Metropolitan Planning Organization December 16, 1994 John C. Norris, Chairman Alan R. Korest, Vice Chairman Timothy J. Constantine Timothy L. Hancock, AICP Pamela S. MacKie Bettye J. Matthews Ronald M. Pennington Published by the MPO with funding in part by grants from the Federal Highway Administration. the Florida Department of Transportation. the City of Naples and Collier County, Florida i i i i C: Collier County Greenways 1� ;1 � . a.". No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1,13tewart I Waterway /Roadway Corkscrew Swamp CR 951 Everglades Blvd Goodlette -Frank Rd Golden Gate Canal Immokalee Rd Immokalee Rd Immokalee Rd JMS Drive Miller Blvd Rock Creek SR 29 SR 29 SR 29 RR Blvd From Airport Rd Immokalee Rd Corkscrew Swamp US 41 Gordon River Goodlette -Frank Rd Lakeland Ave Lakewood Dr Stewart Blvd Stewart Blvd Gordon River US 41 Farm Workers Vil. Copeland Miller Blvd To Everglades Blvd Marco Island Stewart Blvd Immokalee Rd Everglades Blvd Lakeland Ave Lakewood Dr CR 951 SR 29 US 41 Airport Rd Barron River Eustis Ave Everglades City JMS Drive Miles 9.00 20.00 17.00 9.00 15.00 1.00 2.00 2.50 12.00 5.00 2.00 3.00 2.00 6.00 7.00 Est. Cost' $405,000 900,000 existing 405,000 675,000 45,000 90,000 112,500 existing existing 90.000 135.000 90,000 750.000 existing - Based on FDOT 1993 Transportation Costs Total 112.50 $3,495.000 A -3 16G1q" • 0/, F Pew" FAaa;at " Everglades City Area Sidewalks No. Roadway From 1 Broadway Collier Or To Miles Location Est. Cost' 2 Collier Or Barron River Riverside Or 0.33 both sides $14,850 3 Copeland Ave Collier Or 4 CR 29 Broadway Plantation Pkwy 1.00 1.33 both sides both sides 45,000 59,850 US 41 Chokoluskee Cswy 4.00 west side 180,000 Total Miles 6.66 Total Cost $299,700 ' Based on FOOT 1993 Transportation Costs 1 r j A-4 ■ ■ ■ ■ 4 ■ 4 � I i� �t!t� e: _ Immokalee Sidewalks P.cgWA,. FA..1I: No. 1 2 3 4 5 6 7 8 9 10 11 R14 17 18 19 20 21 22 23 24 25 26 27 28 29 34 35 36 37 38 39 40 41 42 43 44 8th Roadway Bethune Ave Boston Ave Bryant St Carsons Rd Carsons Rd Carver Ave Charlotte St Colorado Ave CR 846 E. Delaware Ave W. Delaware Ave Doak Ave Escambia St E. Eustis Ave W. Eustis Ave W. Eustis Ave Glades St Immokalee Dr Immokalee Dr Lake Trafford Rd Lake Trafford Rd Lee St Little League Rd Monroe St New Market Road Roberts Ave Roberts Ave School Dr SR 29 t t EN. t t N. 2nd St S. 2nd St N. 3rd St S. 3rd St S. 4th St S. 5th St S. 5th St S. 5th St N. 7th St S. 7th St Ave From S. 5th St White Way Lake Trafford Rd Lake Trafford Rd Westclox Rd S. 5th St Immokalee Dr S. 9th St E. Jefferson S. 1st St S. 9th St S. 9th St Immokalee Dr S. 1St St S. 9th St S. 5th St N. 9th St Taylor St 9th St N N. 9th St Little League Rd SR 29 Lake Trafford Rd SR 29 SR 29 N. 11th St N. 11th St E. Eustis Ave Madison Ave Jefferson Ave Roberts Ave Eustis Ave N. 9th St SR 29 W. Eustis Ave SR 29 W. Eustis Ave W. Delaware Ave Arden Ave Doak Ave Eustis Ave SR 29 Colorado Ave Bryant St To S 1st St S. 1st St 8th Ave Westclox Rd Carsons Rd S 1st St New Market Rd _:T1 st St Beachcraft Rd School Dr S. 1 st St S. 5th St New Market Rd School Dr S. 5th St S 1st St New Market Rd N. 1 st St 10th St N Little League Rd Lake Trafford Rd New Market Rd Trafford Farm Rd Lake Trafford Rd SR 29 N 1 st S; 20th Ct Rose Ave Hancock St Roberts Ave SR 29 SIOCkaae Rd N 1st St Roberts Ave SR 29 Roberts Ave SR 29 SR 29 Doak Ave Eustis Ave Coloraoo Ave Roberts Ave SR 29 SR 29 Miles 0.23 0.91 0.27 0.23 0.27 0,27 0.381 0,23 0.61 0.27 0.53 0.27 0.49 0.27 0.27 0.27 0.45 2.05 0.02 2.46 0.98 0.45 0.38 023 2.20 1.00 0.82 0.23 2.04 0.23 0.23 0.98 0.98 0.27 0.38 0.27 0.38 0.38 0.76 0.23 0.27 0.27 0.23 0.23 Location north side both sides both sides west side both sides both sides both sides both sides both sides both sides both sides both sides both sides both sides both sides north side both sides south side one side south side north side both sides Est. Cost, S5,175 40,950 12,150 5,175 12,150 6,440 17.100 10,350 27,450 6,940 23.850 12,150 22,050 12.150 12.150 6,075 20.250 46.125 3.060 55,350 175.000 20.250 west side both sides both sides both sides both sides both sides both sides west side both sides 8.550 10.350 99.000 13,090 36.900 10.350 91.800 5,175 6.150 both sides both sides both sides both sides both sides both sides both sides both sides west side both sides both sides both sides both sides 44.100 44,100 12,150 17,100 12,150 17,100 17,100 34,200 5,175 12,150 12.150 10.350 10.350 A -1 r ■ r ■ ■ r r. u 16G1 **A A4414t e: Immokalee (continued) Sidewalks No. I Roadway From To Milesl Location Est. Cost* 45 N. 9th St Lake Trafford Rd SR 29 0.761 west side 17,100 46 S. 9th St Doak Ave SR 29 0.72 west side 16,200 47 N. 18th St Roberts Ave Lake Trafford Rd 0.691 both sides 31,050 Total Miles 27.111 Total Cost $1,141,055 Bike lanes No. Roadway From To Miles Location Est. Cost* 1 Colorado Ave S. 1 st St S. 9th St 0.53 north lane $49,025 2 W. Eustis Ave S 9th St S. 5th St 0.27 north lane 24,975 3 W. Eustis Ave S. 5th St S. 1 St St 0.27 both sides 49,950 4 Immokalee Dr N. 18th St N. 1st St. 1.29 both sides 238,650 5 Lake Trafford Rd Lake Trafford N. 9th St 3.26 both sides 603,100 6 Roberts Ave N. 18th St Railroad St 1.52 both sides 281,200 7 1st St Stockade Rd Immokalee Or 2.05 both sides 379,250 8 9th St Doak Ave Lake Trafford Rd 1.74 both sides 321,900 9 N. 18th St Roberts Ave Lake Trafford Rd 0.45 both sides 83,250 - Based on FOOT 1993 Transportation Costs Total Miles 11.381 Total Cost $2,031,300 A -6 a w ■ a ■ it Aw e: °61 Fa" PAUWAO Fes: u: " Marco Island Sidewalks No.1 Roadway From To Miles Location Est. Cost* 1 1 Bald Eagle Or Palm Street San Marco 1.89 missing links 46,305 2 18arfield Dr Winterberry Or Bald Eagle Or 0.66 missing links 16,170 3 lBayportAve Collier Blvd Jamaica Rd Bald Eagle Dr 5.11 missing links 4.550 4 lCollier Blvd Jolly Bride Southern point 1. 721 missing links 42.140 5 1 Heathwood Dr Winterberry Dr San Marco Rd 0.38 missing links 9,310 6 Hemando Dr Kendall Dr Tiger Tail Beach 0.19 missing links 4,655 7 lKendall Dr Collier Blvd Hernando Or 0.57 missing links 13.965 8 1 Kirkwood St Trinidad Ave Bayport Ave missing links 3,200 9 San Marco Rd Sandhill St South Barfield Dr 0.76 missing links 18.620 10 Tigertail Ct lWinterberry Collier Blvd Hernando Dr 0.57 missing links 13.965 11 Dr Collier Blvd South Barfield Dr 0.95 missing links 23.275 Total Miles 7.691 Total Cost $196.155 Bike Lanes No. Roadway From To Miles Location Est. Cost* 1 Bald Eagle Or Palm Street San Marco Rd 2.46 both sides $455,100 2 Barfield Dr San Marco Rd Bald Eagle Dr 3.79 both sides 701,150 3 Collier Blvd Jolly Bridge Southern point 5.11 both sides 945.350 4 Heathwood Dr Winterberry Dr San Marco Rd 0.38 both sides 70,300 5 ISan Marco Rd I Collier Blvd Goodland Bridge 1 5.111 oth sides 1 945.350 6 lWinterberry Dr lCollier Blvd South Barfield Dr 1 1.511 both sides 1 279.350 - Based on FDOT 1993 Transportation Costs Total Miles 18.361 Total Cost 53.396.600 A.7 161 aAw+-4e e: �-'G Fa" PAI" FAQ IN The Naples Urban Area In is r w it ■ ■ 1 Sidewalks No. RoadwaIG From To Miles Location Est. Cost* 1 Airport Road a rape Ave Enterprise Ave 1.07 west side $24,075 2 Airport Road lden Gate Pkwy Immokalee Road 6.81 west side 153.225 3 Bluebill Ave nderbilt Drive Gulf Shore Drive 0.43 north side 9.675 4 Boca Cie a kewood Blvd. N Lakewood Blvd. S 0.98 east side 22.050 5 Broad Ave S. ach Access 9th St S. 0.85 issin link 19,125 6 Broward St S 41 Carelina Ave 0.75 b oth sides 33,750 7 Central Ave ach Access Goodlette -Frank Rd 1.17 issin link 26.325 8 Commercial DS 41 Davis 0.25 both sides 11.250 9 Coronado Pkwy Santa Barbara Winn Dixie (existing) 0.66 both sides 50.000 10 County Barn Road Rattlesnake Hammock Davis 2.13 both sides 95,850 11 CR 951 Golden Gate Blvd Vanderbilt Beach Rd 1.01 west side 22.725 12 Davis Boulevard Airport Road County Barn 2.1 both sides 94.500 13 Davis Boulevard County Barn Santa Barbara 0.38 both sides 17.100 14 Davis Boulevard Santa Barbara CR 951 2.5 both sides 112.500 15 Estey Ave Airport Road Pine Street 0.53 both sides 23,850 16 Estey Ave Pine Street Brookside Drive 0.21 north side 4,725 17 Georgia Ave Jennings St John St 0.75 both sides 33.750 18 Glades Blvd Airport Road US 41 0.43 both sides 19,350 19 lGolden Gate Blvd 25th St. SW Wilson Blvd 4.73 south side 66,000 20 lGolden Gate Pkwy CR 951 Airport Road 5.11 south side 114.975 21 IGoodlette Frank Road 22nd Ave N. Orange Blossom Dr 4.26 east side 95.850 22 IGoodlette Frank Road Orange Blossom Dr Immokalee Road 2.56 both sides 115.200 23 IGreen Blvd Santa Barbara Blvd CR 951 2.02 north side 45,450 24 Gulf Shore Drive Bluebill Ave Vanderbilt Beach Rd 1.38 north side 31,050 25 Gulf Shore Blvd S. Golf Dr 20th Ave S. 2.34 issmg link 52.650 26 Hunter Blvd Santa Barbara Blvd Coronado Parkway 1.06 both sides 47.700 27 Immokalee Road CR 951 The Lane 4.26 both sides 191,700 28 Jackson Ave Palm St Pine St 0.25 both sides 11.250 29 Johns St US 41 Georgia Ave 0.38 both sides 17,100 30 Linwood Ave Commercial St Airport Rd 0.75 both sides 33.750 31 Logan Blvd Green Vanderbilt Beach Ext. 3.2 east side 72.000 32 Lombardy Ln Outer Dr Thomasson 0.5 both sides 22.500 33 Lucem Coronado Pkwy Sunshine Blvd 0.13 both sides 5.850 34 1 Manatee Rd Roost Rd SR 951 south side 7.000 35 IMartin St US 41 Carelina Ave 0.75 both sides 33,750 36 INottingharn Dr Airport Rd. existing pathway 0.34 south side 7,650 37 Oaks Blvd Vanderbilt Beach Ext, Immokalee Road 2.13 both sides 10.000 38 Old 41 (CR 887) US 41 County Line 1.5 east side 33.750 39 Orange Blossom Dr missing links missing links 0.8 south side 25.000 40 Outer Dr US Ti Lombardy Ln 0.5 both sides 22.500 41 Pine Ridge Road Shirley Street Airport Rd 0.75 south side 33,750 42 Pine Ridge Road Airport Rd Logan 3.12 both sides 140,400 43 Pine Ridge Road ILogan CR 951 1.9 both sides 85,500 44 Radio Road ISanta Barbara CR 951 1.92 both sides 86.400 A -8 ■ ■ r 1-7 5 a [I a 16 G i "t'% The Naples Urban Area (continued) Sidewalks No. I Roadway From To Miles Location Est, Cost' 45 IRattlesnake Hammock US 41 St. Andrews Drive 1.92 south side 43,200 46 lRattlesnake Hammock St. Andrews Drive CR 951 2.13 south side 47.925 47 Redevelopment Area varies vanes 6 74 issing link 151,650 48 Santa Barbara Blvd Davis Radio Road 1.07 both sides 48.150 49 Santa Barbara Blvd Radio Road Golden Gate Pkwy 1 49 west side 33.525 50 ISanta Barbara Blvd Golden Gate Pkwy Green 1 7 both sides 76,500 51 Shadowlawn US 41 Davis 0.51 west side 11.475 52 Solana Rd US 41 Goodlette -Frank Rd 0.5 both sides 22.500 53 Sunset Rd Sunshine Blvd 43rd Ter SW 0.63 north side 14.175 54 Sunshine Blvd Green Blvd Golden Gate Parkway 117 west side 26.325 55 Thomasson Drive Bayshore Drive US 41 1 28 east side 28.800 56 Thomasson Dave Baysnore Drive Bayview Park 1.18 north side 66.000 57 Tropicana Blvy Golden Gate Parkway 32nd Ave SW 0.85 east side 19.125 58 US 41 Davis CR 951 8.52 west side 191,700 59 US 41 Laurel Oak Drive Gulf Park 1.12 both sides 50.400 60 JUS 41 CR 887 Immokalee 1.8 both sides 81,000 61 1 US 41 Immokalee Myrtle 2.9 both sides 130.500 62 IVanderbilt Drive Vanderbilt Beach Rd Bonita Beach Rd 5.32 east side 119.700 63 IVanderbilt Drive VBR 111th Ave N 1.25 east side 28.125 64 IVanderbilt Road Ext. Airport Road CR 951 5.11 both sides 229,950 65 White Blvd CR 951 23rd St SW 2.14 south side 48.150 66 3rd Ave N. Beach Access 10th St N. 0.85 issing link 19.125 67 3rd St N. 5th Ave S. 7th Ave N. 1.07 issing link 24.075 68 4th Ave N. Beach Access 10th St N. 0.85 issing link 19.125 69 5th Ave N US 41 Goodlette -Frank 0.32 both sides 14.400 70 5th Ave N 3rd St S Beach Access 0.11 issing link 2.475 71 6th St. N. 91 st Ave. N 111th Ave. N. 1.25 both sides 56,250 72 7th Ave N Beach Access Goodlette -Frank Rd 1.17 issing link 26.325 73 7th St. N. 91 st Ave. N 111th Ave. N 1.25 east sides 28.125 74 8th St N. 111th Ave 98th St S. 1.28 west side 28,800 75 8th Ave S. Beach Access 10th St S. 1.07 issing link 24,075 76 17th Ave SW Santa Barbara Blvd Sunshine Blvd 1.01 both sides 45.450 77 17th Ave SW 45th Ter SW 41 st Ter SW 0.5 both sides 22.500 78 18th Ct SW 50th St SW Sunshine Blvd 0.25 both sides 11,250 79 18th PI SW Sunshine Blvd 45th Ter SW 0.25 both sides 11,250 80 20th Ct SW Hunter Blvd 50th Ter SW 0.13 both sides 5.850 81 20th PI SW 51 st St SW Sunshine Blvd 0.38 south side 8.550 82 20th PI SW Sunset Rd CR 951 0.5 both sides 22,500 83 21 st PI SW 48th St SW 50th St SW 0.25 both sides 11.250 84 23rd Ave SW Sunshine Blvd 42nd St SW 0.63 both sides 28.350 85 23rd PI SW 45th St SW 41st St SW 0.5 both sides 22.500 86 24th PI SW Golden Gate Parkway 144th St SW 1.01 both sides 45.450 87 24th PI SW 47th Terr SW ITropicana 0.02j both sides I 1.610 A -9 ■ a 1�1� 26 ra" PAUWO"O FAC-�� ■ ■ L7 ■ ■ w M t The Naples Urban Area (continued) Sidewalks No. Roadway From To Miles Location Est. Cost, 88 25th Ave SW 47th Ter SW 44th St SW 0.5 both sides 11,990 89 25th Ave SW Coronado Parkway 52nd Ter SW 0.25 both sides 11.250 90 26th Ave SW 47th St SW 44th Ter SW 0.25 both sides 11.250 90 26th PI SW 47th St SW 46th St SW 0.02 both sides 1,610 91 26th PI SW 46th St SW 44th Ter SW 0.25 both sides 11,250 92 28th PI SW 29th PI SW 52nd St SW 0.25 both sides 11,250 93 29th PI SW Santa Barbara Blvd 54th Ln SW 0.05 both sides 4,180 94 29th PI SW 54th Ln SW 28th PI SW 0.2 both sides 9.000 94 130th Ave SW 53rd St SW 52nd St SW 0.25 both sides 11,250 95 130th PI SW 50th St SW Tropicana Blvd 0.25 both sides 11,250 96 31st Ave SW 53rd St SW 52nd St SW 0.13 both sides 5,850 97 31st Ave SW Tropicana Blvd 44th St SW 0.5 both sides 22.500 98 32nd Ave SW 54th Ln SW Tropicana 1.03 both sides 18.010 99 32nd Ave SW Tropicana 44th St SW 0.35 both sides 15,750 100 40th Ter SW 20th PI SW Green Blvd 0.5 both sides 22.500 101 41st St SW Golden Gate Parkway 20th PI SW 0.5 both sides 22,500 102 41st Ter SW 17th Ave SW 45th Ter SW 0.25 both sides 11,250 103 43rd Ln SW Golden Gate Parkway Sunset Rd 0.38 both sides 17,100 104 144th St SW 28th Ave SW 25th Ave SW 0.38 east side 9.290 105 44th Ter SW 25th Ave SW 27th Ct SW 0.38 both sides 17,100 106 45th St SW Golden Gate Parkway 42nd St SW 0.75 both sides 33,750 107 45th Ter SW 18th PI SW 17th Ave SW 0.25 both sides 11.250 108 46th St SW 30th PI SW 26th PI SW 0.5 west side 11,250 109 46th Ter SW 23rd Ave SW Sunset Rd 0.5 both sides 22.500 110 47th St SW 30th PI SW 26th Ave SW 0.63 both sides 13.330 111 47th Ter SW 25th Ave SW 24th PI SW 0.02 both sides 1,610 112 48th St SW 17th Ave SW 23rd Ave SW 0.75 both sides 33,750 113 48th Ter SW 30th PI SW 24th PI SW 0.38 both sides 17,100 114 149th Ter SW 19th Ave SW 20th PI SW 0.38 both sides 17,100 115 50th St SW 21st PI SW 18th Ct SW 0.38 both sides 17,100 116 50th St SW Golden Gate Parkway 30th PI SW 0.38 both sides 17,100 117 50th Ter SW 19th Ct SW Coronado Parkway 0.75 west side 16,875 118 51 Ter SW 50th Ter SW 17th Ave SW 0.38 both sides 17,100 119 52nd Ter SW 30th Ave SW 31st Ave SW 0.25 both sides 11,250 120 152nd Ter SW Coronado Parkway Golden Gate Parkway 0.38 both sides 17,100 121 153rd St SW 32nd Ave SW Golden Gate Parkway 0.25 both sides 11,250 122 153rd Ter SW 25th Ave SW Golden Gate Parkway 0.25 both sides 11.250 123 154th Ln SW 32nd Ave SW 29th PI SW 0.25 both sides 8,120 124 54th Ter SW Coronado Parkway Hunter Blvd 0.88 both sides 39,600 125 55th St SW 17th Ave SW Coronado Parkway 0.5 both sides 22.500 126 55th St SW 26th Ave SW Golden Gate Parkway 0.25 both sides 11,250 127 55th Ter SW Coronado Parkway Golden Gate Parkway 0.5 both sides 22,500 128 91st Ave N Vanderbilt Dr JUS 41 1.01 both sides 45,450 M.I ■ ■ ■ ■ I 1661.."1 E e; C:.,z:►.c of F D�x/..„6., r=..: The Naples Urban Area (continued) Sidewalks No. Roadway From To Miles Location Est. Cost* 129 111th Ave US 41 18th St N. 0.53 both sides 23.850 130 111th Ave 8th St S. Vanderbilt Drive 0.43 north side 9.675 Total Miles 1521 Total Cost $4.850,450 Bike lanes No. Roadway From To Miles Location Est. Cost' 1 Ba shore Or Drive Holly Ave 0.85 east side $10.625 2 Bayshore Or FThomasson 1 Thomasson Blvd 1.49 both sides 275.650 3 Broad Ave t S Gulf Shore Blvd 0.75 both sides 138.750 4 Coronado a Barbara Golden Gate Parkway 0,85 both sides 157.250 5 County Barn Rd Davis Blvd Rattlesnake 2.02 both sides 373.700 6 CR 951 Davis Blvd Immokalee Rd 6.1 both sides 1.128,500 7 CR 951 US 41 Davis Blvd 5.29 both sides 978.650 8 Davis Blvd US 41 County Barn 3.01 both-sides- 556.850 9 Davis Blvd Santa Barbara CR 951 2.5 both sides 462.500 10 East Ave Ridge Or Pine Ridge Road 0.43 west side 5.375 11 Estey Ave Airport Road Pine Street 0.53 north side 6,625 12 Fleishmann US 41 Goodlette -Frank 0.53 both sides 98.050 13 Gordon Drive 15th Ave S Kings Town Or 1.28 both sides 236.800 14 Gulf Shore Blvd 7th St N 20th Ave S 2.34 both sides 432.900 15 Gulf Shore Drive Bluebill Ave Vanderbilt Beach Rd 1.38 west side 17.250 16 Harbour Dr US 41 fshore Blvd 0.85 both sides 157.250 17 Hickory Road US 41 Ridge Dr 1.7 west side 21.250 18 Hunter Blvd Santa Barbara Coronado 1.06 both sides 196.100 19 Logan Blvd Green Vanderbilt Beach Rd 3.2 west side 40.000 20 Mooring Line Or Crayton Or US 41 0.32 both sides 59.200 21 Oaks Blvd Immokalee Rd Vanderbilt Beach Ext 2.13 both sides 394.050 22 Old Trail Blvd US 41 Bonita Beach Rd 1.7 both sides 314.500 23 Old 41 (CR 887) US 41 County Line 1.5 both sides 277.500 24 Park Shore Or Crayton Or Gulfshore Blvd 0.32 both sides 59.200 25 Pine Ridge Rd Airport- Pulling Rd Crayton Blvd 2.45 both sides 453.250 26 Pompei Lane Goodlette Frank Rd Castello Dr 0.32 north side 4,000 27 Radio Rd Airport- Pulling Rd Santa Barbara 1.01 both sides 186.850 28 Radio Rd Santa Barbara CR 951 1.92 both sides 355.200 29 Rattlesnake Hammock US 41 CR 951 3.83 both sides 708.550 30 Ridge Or Hickory Road US 41 0.43 west side 5.375 31 Santa Barbara Green Blvd Davis Blvd 4.26 both sides 788.100 32 Shadowlawn Or Este Ave Davis 0.21 west side 2.625 33 Shadowlawn Or US 41 Davis Blvd 0.64 both sides 118.400 34 SR 951 NY Drive Marco Bridge 2.25 both sides 416.250 A -I I 1 1 1 i 16f'-41 '4< A" C: F P F The Naples Urban Area (continued) Bike lanes No. Roadway From To Miles I Location Est. Cost* 35 Sunshine Golden Gate Parkway Green Blvd 1.171 both sides 216.450 36 Thomasson Blvd US 41 Bayshore Dr 1.281 both sides 236.800 37 Tropicana Golden Gate Parkway 32nd Ave 0.85 both sides 157.250 38 US 41 CR 951 Rattlesnake 4.4 both sides 814.000 39 US 41 Rattlesnake Airport Rd 1.7 both sides 314,500 40 US 41 CR 887 Immokalee Rd 1.8 both sides 333,000 41 US 41 Immokalee Rd Myrtle 2.9 both sides 536.500 42 Vanderbilt Beach Rd Airport Road CR 951 5.11 north side 67875 43 Vanderbilt Dr Bonita Beach Rd Vanderbilt Beach Rd 5.33 both sides 986.050 44 Wiggins Pass Vanderbilt Or US 41 1.07 both sides 197.950 45 8th St N. 91 st Ave N 111th Ave 1.17 west side 14.625 46 10th St Fleishmann 10th Ave S. 1.49 both sides 275.650 47 91st Ave N Vanderbilt Or 8th St N 0.75 north side 9.375 49 111th Ave N US 41 N. Gulf Shore Blvd 1.6 both sides 296.000 - Based on FDOT 1993 Transportation Costs Total Miles 90.11 Total Cost $13.889.150 A -12 EXECUTIVE SUMMARY Program Priority Setting Objective: To have the PAC identify those deficiencies in the bicycle and pedestrian network which are most urgent. Considerations: At the February 20 meeting the Bike/Ped Coordinator explained that after FY97198 spending was finalized the PAC would further the needs assessment process. Program priority setting differs from spending in that priorities are set without budgetary constraints. While the annual County budget is limited at $250,000 per annum, other sources such as federal Surface Transportation (STP) funds and Transportation Enhancement funds may be substantially greater. The significance of program priorities becomes sizable should the NIPO adopt a PAC priority for eligibility for federal highway (STP) dollars. Should that happen, a recommendation is forwarded to the Florida Dept. of Transportation to use STP funds for the construction of a bike and/or pedestrian project. Program priorities are also important for communicating the need to include bike and pod facilities within the scope of state and County road widening and improvement projects. Finally, program priorities are benchmarks for gauging the merits of Transportation Enhancement applications and other funding sources such as County Parks and the traffic safety program. Unfunded priorities may overlap with leftover spending candidates (ranked projects that were not ultimately selected for Fund 313). It may be advisable to begin the unfunded priorities identification process by carrying over those leftover project candidates. Staff Recommendation: That the PAC identify FY98/99 unfunded program priorities. Prepared by A/Y�t/ Date: Feb. 17. 1998 �J my �. Bat�is, IviPO Biers a ant destrian Coordinator Reviewed by: Date: Feb. 17. 1998 kel C. H therington, AICP, W Coordinator Motion: Made by: Second by: Vote: 16G144< Meeting Notes PAC Agenda March 20, 1998 Item 4.C. 16 G 1 -4,% CORRESPONDENCE 160'"1 ,� • w v �/ v t v / 111 � �. ) � V � -+ � �'� � `1 � �� `� � � � •l �, � R, 111 ,� � �, Qr v +J '� 3 •�' • J a � S � � i � � wJ •�.� v p .,W U� V I M �ftq -:16 G OLLIER CnT TWgrY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 4",70, 2800 North Horseshoe Drive �4 Naples, Florida 34104 W (941) 643-8300 7- Suncorn 723-8300 Fax (941) 643-6968 aT BOARD OF COUNTY COMMISSIONERS 0 NAPLES CITY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION Frank Rinere 5734 Woodmerc Lake Circle Naples FL 34112 February 25, 1998 Dear Mr. Rinere, Thank you for your letter requesting a sidewalk along County Barn Road. As you may have found in the County's Transportation Work Program enclosed in my last letter, County Barn Road is expected to become deficient in 2006. The road does not yet have a date set for widening, however $200,000 is earmarked for right-of-way acquisition for fiscal year 1998/99. At three miles in length, the project would be expected to cost $180,000 for one side of the road or $360,000 for two sides. A project of such magnitude is beyond the present scope of the Bike/Ped Program. Large scale projects such as the one at County Barn Road are dependent on Transportation Services and the Office of Capital Projects Management. Such projects are typically done only as a component of a larger scope of work—a road widening or improvement. Part of the function of this office, the Metropolitan Planning Organization, is to set local priorities for spending on the transportation network. Because of the large number of requests, such as yours, to address the lack of sidewalks there and due to the clear need and, hazards present, this office will advise its citizen committees to -11 A a 01 '110 J0 v. �v 4 q.5 " yL p, I �- �+ga 6G� reconsider its priority list to include County Barn Roa : ecomtng a high priority might bring sidewalks to the Road sooner X « a Please be advised that other options do exist such as creation ,of a 4 taxing district. This office will be in contact with Transportation to &� investigate the existing traffic volumes. The results of this analysts, . coupled with the expansion of neighboring roads, may indicate that the *` County will need to address County Barn Road sooner than 2006,., t" Options would range from a "temporary" solution such as providing paved shoulders to expanding to four lanes sooner.�`a I hope that by more closely examining County Barn Road, the County will realize a solution that is satisfactory to you and your neighbors` 1 thank you again for bringing this matter to my attention:` Sincerely, J emy D, Battis, M.C.P. * ° . � :. a� Bicycle and Pedestrian Coordinator �a{ Z3 cc: Ken Heatherington, MPO Coordinator Robert Mulhere, Planning Services Director Aldolfo Gonzalez, OCPM Director t Edward Kant, Senior Engineer, Transportation Services'``, John Norris, Countv Commissioner, District 1 m:} f, w; W a H O foe 0M PC c 0. rM % ` xnkL'' ti q�, Florida Bicycle Association, Inc. Bike Action Florida Advocacy Workshop 7a 1 S. Mi1Ls Ave. Orlando, Fl. 32801 d, a'• s. d i ,m. 31 Fold on line Several Times and Tear. °- a a a •° H . ^C� p RS N u E . IU c CIO IU E' _u .0 O. M �_ pep a, Q Q° O Z M Ci UL 00 00 S. E E a' 0 ° > Z o,. a CY Ca r Q 0 .'7 ❑. f yy O E Oc v Y ~ > r � N v s 'u Y p C o c a C _ E w5� Yt Y. E y ;,a r C E Q A ,16 G l 0 dm vim I Ic opt to o `gyp y N x s S ''pS� �0 s• 3pR �i a C _ o C s m � c fl a «yy c s o � D eo ? e a ! o C R \I j :i .r A 40 c S. 1i O • 3 V m c" Y R ci Y z 06 :s s o p,, o c . $ to III W6 Q 40 W 6 6 c ZYwrd c v�= S p y w" co, go c 2L -40,' �s 4 3, a c�ee w v9 3 60� o aiQ� «°• � � � i' � o v C T. obi 3 Y Y u � � u Z .c � C •i � i� � � � C = in C6 m°°�ccccb V�b Im " ' g..g°� 8�8�u�� 8 8 588$ �► 8 V! (4 �m- r a 16G1 1% LITERATURE Scarlett, Terry, 1998. "Let's make marco bicycle friendly." Mcrrcn ISIcr O E'(19/e. Pp. A42, A44, Fall. Walljasper, Jay, 1998. "Road warriors." Unre Recrcler. Pp. 10 -11. March - April. Giamo, 1998. "This new technology... Naples Daily News. Feb 10. CITY LIFE FFBhI'ARY IS. 0,;4 MARCO ISIANI) F-AUt Let's make Marco bicycle Editors Now A arnrk tens lust prA - lnhrd fast /irly in rmpa�a�st/ m learn Plat had heem written to Thr E40s. confuntahlue an flit lark of steel[ paths an Marti Island Mire that hilt wt saw bttaene, a rite. tara- elf of dtrtrmixieft ore own atrefda as it relafts to drtrnrirninr prinntvs all infra• strrttnf. 14? art rtatahng fit arhrle, fa farollraee public si bpon fir turn a pralrrt. hart JCANUTI Iry06n V me fir, hate bike Path%' That seems an unlikely, fnfranuc Lion to an article that is Ofterided to enmunste more cycfay( on thus island. The fact ts as sty esctte- I it. bicycle nder will tell you. bike paths are really a band -aid to the underlying problem and that is we have failed in hairy purl of thus country to make it safe for cyclist, to exist alongside sum" mobiles. You are a bicycle is considered to fee vehicle under the hirthem code and as such is entitled to its place on the road lust as much as a car or a truck and should them fare feceme all the commah courictum [flat they are afforded. However. many of you may have Wen the teievuion tmmmerfmmr and have even read the recent article pub fished in the &Wt. indK=R that in man, Reis of the United States we hie foe a Palo, fob of accommodating cyclist%. Honda in Particular was desu nated the wont stair for cycling by a recent nationwide report and here on Marco Island it is easy to sit.• why. To begun with we have rrlati N narrow roads and few if any hard shoulders. F:ven Ct&-r Boulevard which nom,* our irw fair brie roads a too narrow b afI7lnifycl wam, mobiles and bicycles comucertably togethe- \toss of our motorists are either ten mex. penenced to negotiate around cyclists or too impatient when it comes to brine delayed by a bike rider in their -ay. Add to that. the fact that malty less titperence d cock riders and young children feel inorrr idated when riding in traffic and You are unfortunately left with the only solution to the problem and that is — bike paths ,. Footpnbs nuke poor bike paths What currenti , passes for a bike oath on Marco Island is in reality a sidewalk and a narrow one at that Our footpaths are not even as wide an those in other pans of Col tier County. in fact they will barely allow rwo pedestrians to walk side by side het alone allow a cychst (whose handlebars are abnne as wide as the path itself), a mlkr blader or a couple with a baby stroller to Pass one another. While cycling on these Paths may take yru out of the way of traf fic Yhere is still the danger of being hit by cars eititinR the drivewan of hotels and condre miniwms, as many of thew do not have stop agns to remind the motorist to stop at the footpath, in addition there is still the ha,. cie of navngaung past other users of the• M2 f riendly i:ndoisidewair u an all too familiar sWnt on Afarro. Jo anw irArre, do You Ro? %wrwalk- Many of these paths are distaff. unuous so a cychtt still has to enter the nxd frequently. thus creaotR minder paten tia hazard. The only mad that has anything rnembhnst a bike path is fart Marco koad from Collier Boulelvard to the Gcindland hndite. When that w-aa backed Popped srv" oral Years Va. a four foot lane was created on each side that could accommodate c,vtlsm As a recent metvng a whirl[ the Cal ber t ounty Ftannrn weer prrsrne I asked why these ianes had not oeen marked with the traditional bike pain svmbnl+ • I wa+ told that the count• had been asked not to do that by the 1`i0 as in" did not want to encourage children to nor +a close to traf- fic. With logic hke that it s no wonder there has been We done by the county to add more bike paths. Ahead,- irw Lane e, brcrxrt mr overgrown ov grass, thus making u somewhat narrow and in the absence of appropriate markings. motonus tend to use it to park on. or as a turn Lane Where the action in 1t that same meeting there were sug- Resuons made that we- should create bike paths along the back roads of Marco. Well. we saw what a fuss that caused on youth Bar field when it was recently proposed to do 11131. it wa+ the usual -everyone watts them but not in their back vard" a•ndrome. Nving bike Rims on the hack road+ nnw- rr, is not really• free answer t: vdc¢t be trey locals or visttors. want to he where the action is and that means cvciinir Collier Boulevard.. Bald Eagle llrnr and other yY� Ia aY� - •a.C" and a kn Pay to angora 1M Wvt1A' asw aaps(f.d0altttlPriaorreea arlalhaaa yon+ cycsrl0 tl ttw coon artpyabis, knpar• i AAatryatsafaHMtalR 7aMtivtaMA x:; 2 Always /idatlnM thaltMotloa TJ>ts hmalds titr atwn t you daaida b rYds ontM bapa tN — nloaolYr slirrtg i 6Ywsy vld me b look td list .... .!! r 9 (3hw appropiaen Nod WWvW wean tirrtkq or+soop' g 4. Nrnwnparyos Ua a Waltlda a sear Fitrtda jaw. woodsy A raft ill"grid ! MP tOft-: -A C:maAi.7.:- 7t7ta!''{m' .v•:- `„•f!'.A rr. •, .: � ts, 5- Ywd1 a far Ww tt#1nti aduar to yar tma,evat oar hi,Yhdgara - : ira` i & Utw • bag oar aaWSPAm b warn Carts d your approadL g you do 4t hawse i bat, eat all. b1 year loge or In you rtpitb' batman Grew a", - .. - L ttaaw salsa lerae d gOh all p ao ire you oars Wi1Eb to on Wolin 011rrp . rtraat6al/tla ra1Ta7s . : i .. ,vr IL Masw isaa aMawrplerswaa.; . . . • - tt' "r' � y: i -K -: ' -r ". s '. ., i p, bttitt/e rttablwtakltlRstttdhfor tfr Wyar pay NO doerl "ME 4 to oral e toll- i 10. Naltswi0ar dhal alsgr9 r ilwt ID to has, 'No attsal way by WAS saMf °_ art00atiiptoaPatrwliwawaapdaatwa [roar +�rtaastvaifiewtt,!n�:- ,�.,r:..1.w(y;¢:,siL.j`rA• . t. tsarwAsuryiwif rritn ream, .4 folk[ carte ?,Vol nafly rrssds wMrr the store and hafts a2 oar wfiee there is access to the beach. Most of the aforementioned roads have wide areas of gear between the sidewalk and the road chat Could easily accommodate a bike path. rXwv R the Vision Planning meetings there were some very attractive ideas for bike paths in those very areas, designed in a contrasting color so that they were dis• tinctive from both the road and the foot- path. Such a plan would separate the cycka from (loth the pedestrian and the motonst and would also provide somewhere for those ubiquitous roller Wades to ply their gyxt without the danger of being run down by a Car. Why all the fuss for cyclists? came people, who are not parncularb• into the sport. might ask why all the fo +s about providing for the cvckst. little rral• tang Nest how much beneht they too would derive it mare people rnde bicycles, to answer that quesuon You have to look at time tremendous boom that there has been to cycing in recent years. The health con. scious 'baby boomers' took up cycling aJonR with running as a path to htnew and the environmentaksts saw it as yet another wav of reducing au pollution from auto- mobiles. This combmaucen of issues ha% resulted in an unprecedented nse in the popularity of the bicycle. There is some - t'unR inherently fnendhy about going for a bfiw ride. For one thing you are much more in touch with nature, you we things that you would not normally nonce as you whiz by in a ear. and you are atbrded the appor. Wfury to greet people as You pass them on the street. If you want to new it from a commercial point of view. tourists are attracted to places tfut ate bucyck+ 6wndh• and cyclists tend to be fatrty of fihmeme pro• fell iaasl people (they hie to be to afford those sexy em"w" bites that we W the vogtwA. An annual al bike airdie brae lows cod Jttb is taurttsnd to be worth $100.000 M per day to each town that it overmights in. So tar as traffic is concerned. for every one that n encouraged to cycle around the Islaad that is one less car to add to ohs con. Restion, an important plus for everyone. paranilarly during the wason. It also got. without Wyeirng that *-A cars mr ins less R,r lotion Get on the cseling bandwarton tarty other tzsnnaniprs such as sxf ni� tapava have become bicteck -t iendiv. The town of Mt Dora north of Orlando, hosts a thret•day cycling weekend every t )cioo bet. that atfracts over IN* * cyclists from around the state and be woe The otnnlorts of the town has well WxWut bike paths and accommodates thn unLux of reereaoonal cyc iso very well, in addition the local mer chum ceruioh appr own die revenue the event produces. Saint Simon's Island in Georgia, with its beautifully laidoui bike Paths, was able to welcome 2.400 riders in one day. as they completed the Bike Rids Army Georgia (BRAG) two years ago. C41. ifornia and Colorado are two states that have done mach b provide a =*, ficling a" ronment benefiting both the local pope. We while at the sane time amacmPR a lot of tounsm. There a no mastic why we in Flonda with our great outdoor climate. SEE PAGE A44: Bilk 1601 "A4 A44 BIKE Continued from page A42 cannot do likewise. Marco Island would benefit greatly from a thought - fuUY Plamned system of bicycle paths. Now that we are incorporated as a city I would encourage our City Fathers and road planning officials to make that happen in the very near future. Terry Scariett is an avid cyclist who regularly rides on Marco Island (on the roads.t). He has partk pated in many lord distance rides throughout the country, notably.77te Des Moines Register's Annual Great Bike Ride Across Iowa, which atbacts 7,5017 riders, Cycle Across Maryland and Bike Ride Across Geor- gia which he has just completed for the third time this Past oar Terry also orga- nized the Key Marco Cycling event which attracted 171 United States Cycling Federation ridersfrom around the state, to the sanctioned event at the 1996 Marco Island Sports Festival. Scarlett is a keen proponent of bet- ter cycling paths on Marco Island. A freelance writer for The Eagle he can be reached by phone at 394 -4333, fax 394 -9484 or a -mail: inkcon ®aol. com. ZHAlWROESft1GN Y YAMO &SL MO. ROAJOA Styling • Acrylic Nails Waxing Manicures • Pedicures 394 -448 cin n,» r —i., n_:... , . Compass •tom s Market t/atue \ccordinc to \loihering (Jan. /l ch. 191ml. ,tay -at -home •nothers are worth ;t lot more than most perpie think. Gncn a%eraee mar. I,et rates for basic wr%ices. a mum's annual ,alar� %Wllid tack up like this. (7ithl r arc 40 hrs.hccek a SVhr 520.800 Tramporrarlun round In,— •.ccck a )1' F,arnn hrsncrer; _ 'hr :.600 ( :'r•arrrrre I cicantne,ticcei. a S60 u hrsiccee!: a '� hr. S84 CM)kmr luhrs.r«crk , S.4 24Ihr. 1_10 Bill paint¢ I hr.tucek a �-1 24 fir. rimrrrr Np,r,(, rr� hrs.hccek .r j1 '5,hr. (,f,? Vim rllanrr,a, Total ........................$35.828 '\1 ".. -)e Feast :,hues Pep,r•t +L, ; ..ir, r., it ;idenmr(, the rurucu• ar ,hadc o , .; that idornN it, product. rcpnn, Adbusters i \\ inter )91s i The action ,ten,inl, h.ir, rniniercwi u,: N Ihet color rthow th; ., r,t,tm , prrmt,•i,,n..i ^cht recorded ., rtrunic, in .i 101r Supreme ( 'ourt deer ion \ , cord on !re ,c•,p on,c { prom Inc io, i., 16G1 4 I �. NEW BLANE? Road Warriors IQf A new movement challenges the paving of America by Joy WaUjasper For most of this century, traffic has been seen as an inevitable by- product of progress. We might long nostalgi- cally fir the calm and quaintness of life before the automobile. but most Americans seemed thrilled at the pos- ,Ihilir\ of _,oing more and more places in less and less time. Now. thoueh. our passion litr speed seems to he slowing do\\n. Indeed. in many American to\\ ns and cities. citizens are risine up to battle politicians. business interests. and bureaucrats %%ho are pushing the inexorable spread of asphalt. This asphalt rebellion, explains Alan Lhrenhalt in CoverninR (October 19971. ignited in many different places at \irtuall% the same time" and has hecome •'a full - fledged protest move- ment ... 1concerned with the) broader ,uhiect of ho \\ streets and highways .ire destined and built in America and the\\a\ thosedecisionsafl'ectcommu- ntncs and individual liycs. It has grown Into a rebellion against an entire half - eentury nl American engineering ide- ,,logy. and against an obscure but immensely important book: A Palk i• rr ( ;rr,rnrn rr D siNn ul Uilzhilav% unit ltr•rct�... this book. published by the Amer- ican Association of State Highway and Transportation Ofrtc:uls (AASHTO). is the bible of the tratlic engineering pro- fession. and its guidelines are I'm- qucntl\ in%okcd to wave aside citizens' concerns about chat road "improve- ments" night mean for a neighbor- hood. The growme legion of asphalt rebels contend that aesthetics. prop - crty \aiues. and a sense of' community don't matter to most tratlic engineers. \% ho care only about how much more pavement it will take to keep the cars moving quickly. Traflic engineers note that safety plays an important role in their decisions. chine numerous stud- ies that show alder lanes and tour -lane roads prevent traffic accidents. But the safety issue cuts several ways. :Asphalt activists point out that many street and high\ya\ upgrades make travel far more dangerous for bicyclists and pcdestnans-- c•pectally children and old people, aho have trouble cross - ing \rider streets with taster tratlic. I In New fork City. the leading cave of death for children ages i to 1.1 is being hit by cars. ► And thc� question whether designing streets to accommodate dri- \ers tra\chng \ +ell .tbove the posted +peed lima. as the AASFITO guide- lines require. ultimately promotes the sat'cty of motorists Ind:cd. a new 10 M A r H • I t f 1 . ♦ 1 % I , ✓1 � I NEW bLANE? srttd that Ilarrulk -streets arc actual!} safer than "Ide ones. accord - tig to \e% Urban \estiti I \o%.0cc. 19971. "rile clt% of Loll mont. Col. orudo looked at al.flt)t) accidents on !ocal streets over an eight -%ear period and found that ,u street %%idth mcreased, accidents per mule per %ear increased "c�ponennall�,.. Prodded h\ the efforts of en%rron. mentalists. sustaInahle•transportatron +�itoc,llcs. neighborhood groups. his - iorlcal prescrWitonlsts. and parents. .+sphalt alcu\ ist, across the country .+head\ can ci.urn some % ctones. Fugene. Oregon. tlrllch tied t0 require 'lat all streets he at least =� ;eet % % Ile. :10kk ;Illots, s,+rnc to he as narrotit a, _u I eet. Welle,lo. \Llssachusctrs. laced kith a plan to olden it, congested main street. chose to narrok% it m -stead -and c.rpand the sldc\salks t,, encourage ,,\alking as a form of transportation. Even in auto -happy Southern Califor- nia. the cities of San Bernardino. Riverside. and Bc\erl% Iiills have nar. rowed ntaior commercial streets. And 16G1 -4A Vermont has enacted a law that allolt s local officials to relax AAS11TO stan- dards In almost all cases. rile asphalt rebellion is e\en tctn. ntng a tea supporters within the ranks of trallic eng,mcers who have bcaun to .luesuon %%hether moving cars as .lulckl% as possible is the most impor- tant goal for it community. The Fed- cral Ili@htika% Administration. with help from many AASHTO oflicials, is publishing it design guidebook that offers lar more flexihility than the AASHTO -standards. As Walter Kulash. an Orlando traffic cneineer u Ito Im% become a leading, %olce for rethrrll.rng, how to dcslg,n our streets. told DoublicTake tSummer 1997►. .. file difference hcfween real bleak- ness and a k Ibrant urban atmosphere is a matter of ,cconds. When %ou ask the public. AVould you rather take 12 more seconds to get where you're otne and have this he a tree -lined 1%ondcrt'ul street? the answer is aka%s. '1%'c % %ant It to be vibrant and beauti- ful. net fast and twly.' .. � � 1 I � ILI : l � J t 16GI001 Date: February : 1. 1998 From: WPburden`-aol.com Subiect. FBA News Flash: Fwd: STPP Action Alert 219!98 STPP ACTION ALERT Februar` 1998 httpJ!�s�� w.istea.org Surface Transportation Police Project P.as TELL CONGRESS TO PROTECT ISTEA! a ## High%\a\ lobbyists are back in action, pressuring members of Congress to undermine many of the progressive provisions for transportation choices and environmental protection contained in the landmark 1991 federal transportation law. We need to send a strong reminder to our elected representatives that the construction and asphalt industries aren't the only folks concemed about the future of transportation funding. `• Call your Senators to voice your support for ISTEA (Capitol switchboard: 202. 224.3121, also call local district offices while they are on recess until Mon Feb. 23rd1: urge them to keep 1STEA's successful programs and policies intact and ask them to reject the many proposed anti - environment and anti- transit amendments to ISTEA 2 (S.1173). " Send a lerter to local ne«spapers (sample below), publicly urging your Senators to oppose attacks on transit and the environment in ISTEA 2. (1) WHA i S AT STAKE ISTEA chan %ed the playing Geld 7 years ago. when it shifted the federal focus from constructing Interstate highways to a more balanced transportation system that included bike and pedestrian facilities, public transit. and roads, and required more local control and community input. A strong national grassroots coalition has so far fought off repeated attempts to turn the law back into a hi;hway only program making important gains towards the vision of investing in more environmentallyfriendly and locally controlled transportation projects. (_) WHERE THINGS STAND in the Senate. we exp:ct ISTEA 11 to come up for debate before the full Senate sometime between miclMarch and late - April. While senate %laionty Leader Trent Lott (RMS) is receiving some pressure to bring ISTEA 11 to the floor in the next fe%% m eeks, he %%ould like to finish the budget resolution process before debating ISTEA II, as a way to contain fights over the amount of money to be spent. The full House of Representatives is unlikely to debate their version of the bill before eta. i. (3) THE THREATS TO ISTEA There are currently four critical threats to ISTEA's integrity all in the form of amendments to the Senate's version of the bill (Amendments haven't vet been filed in the House. but the battles may be similar to those in the Senate). All four amendments undermine the izoals of ISTEA and are attacks on the environmental provisions of the bill. =1 Anti - Transit :Amendments Senators Lauch Fairc loth (RNC) and Tim Johnson (DSD) are proposing amendments that would gut the transit program by eliminating a neecbased approach to funding based and discretionary programs that ensure that communities can make new investments itt bus and rail transit. Under their proposal, communities would start receiving transit funding based on how much driving \� as done instead of how much transit was used or needed. For more specific info on this visit APTA's %�eb site at `)tip: .%- w\\.apta.com or call 202 -898 -4000. =2 Anti - Enhancements Amendment Senator Sam Brownback (RKS) has put forth an amendment that would allow the state DOTS to opt cut of the enhancements program. Very simply this would eliminate the enhancements program entirely in many states. =3 Making Hi:hwa\ Building Eligible for CMAQ Funds Senator James Inhof: (ROK) will likely introduce an amendment to allow state DOTS to direct scarce air quality dollars into expanding lane capacity on existing highways. Such efforts would at best provide temporary relief to congestion and air quality problems. and would more likely worsen them within a few years. Any attempt to allow CMAQ funds to be spent on highm ay w idenings should be recognized for what it is: a c)mical attempt to divert scarce air quaiity dollars to projects that worsen air quality and starve projects of funding that have actual environmental benefits. I �) i , ! i •,4 N COLLIER COUNTY GOVERNMENT RECEIVED MAR z s 19gg6 G 1 41 j, ',ount, Commissioners PELICAN BAY SERVICES DIVISION 801 LAUREL OAK. DRIVE SUITE 605 NAPLES, FL 34108 (941) 597 -1749 FAX (941) 597 -4502 A CEMPIED BLUE CHIP COMMUNIn' NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON April 1, 1998 at 3:00 P.M. AGENDA 1. Roll Call 2. Presentation regarding U.S. 41 widening A. FDOT - Road construction disc. Corte : B. George Botner - Median Landscaping C2`.n: �z� 3. Audience Participation 1,; 'r, I' / &, 6 , 4. Committee Requests Cop ;es To: 5. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON � CH THE APPEAL IS TO BE BASED. Norris _ Constantine Mac ie B*rr ✓ �rry 1brl -q% Naples, Florida March 4, 1998 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Wcmcr, Vice Chairman Mr. Thomas Brown (absent) Mr. James Carroll Mr. Frederick Flatto Mr. Edward Griffith Mr. Glen Harrell Mr. Herbert Hasson Mr. John Hoyt Mrs. Cornelia Kriegh Mrs. Maureen McCarthy Mrs. Cora Oblcy Mr. Anthony Pires Mr. David Rocllig Mr. Bcrnon Young ALSO PRESENT: Collier County Commissioner Timothy Hancock; Ms. Anita Jenkins, Wilson, Miller, Barton & Peek; Mr. T. R. Brown, Ackerman, Senterfitt; Mr. James P. Ward, Division Administrator, Mr. Kyle Lukasz, Division Field Manager and Mrs. Barbara Smith, Recording Secretary. AGENDA: 1. Roll Call 2. Introduction of new members to the Advisory Committee 3. Election of new Chairman and Vice Chairman for 1998 4. Appro% -al of Minutes of the January 7, and January 26, 1998 Meetings. 5. Update on the Clam Bay Restoration and Management Plan - T. R. Brown 6. Discussion of inclusion of Bike Path Lanes on Pelican Bay Blvd. And Gulf Park Drive. 7. Discussion on the Oakmont Lake and Ridgewood Drive Lighting replacements. 8. Discussion of :Landscaping Improvements - US 41 Median 9. Discussion on Year End Report 10. Audience Participation 11. Committee Requests 12. Adjourn ROLL CALL: Dr. Varley called the meeting to order and asked that the Record show Mr. Tom Brown with an excused absence. INTRODUCTION OF NEW MEMBERS TO THE ADVISORY COMMITTEE: Dr. Varley welcomed and introduced the new members which had been appointed to our Advisory. ELECTION OF NEW CHAIRMAN AND VICE CHAIRMAN FOR 1998 Dr. Varley stated that he is not aware of anyone that has been campaigning for this office, but will leave it to the Committee for their decision. -2825- 1601 !of PELICAN BAY ADVISORY COMMITTEE March 4. 1998 Mr. Wcrncr stated that if Dr. Varlcy is «illing to serve another year 1 would like to nominate you to serve again. I would like to sec you get us through this mangrove situation. Mr. Wcrncr nominatcd Dr. Varlcy as Chairman, the nomination was seconded by Mr. Hasson. Dr. VarleN stated that the Ordinance that creates the MSTBU says that a chairman shall be chosen and the term shall be for one year with eligibility for re- election. It has been my understanding that meant you got rc- elected one time and I really do think that things should be stirred up and someone else should run. I guess for one more year I would be willing if there is nobody else but. I really wish someone else would step up. r. Wcrncr stated that he had checked with both Mr. Ward and Commissioner Hancock and they do not feel that it limits it to two years. Mr. Ward replied that in terms of the Chairman and Vice Chairmanship I read it differently than Dr. Varlcy. but it requires the officer's terms to be for one year. so he can be elected as many times as you want to, but if he doesn't want to serve you might want to take that into consideration. Dr. Varlcy stated that tic would do it for one more year. but let's decide that is the limit and somebody else %N ill have to do it. Mr lfu%t moped to close the nominations. seconded by Mr. Roellig and approved unanimously Therc being no further nominations, the motion to elect Dr. Varlcv Chairman for 1998 was appro%ed unanimously. Mr. 1{oyt nominatcd Mr. Werner as Vice Chairman, seconded by Mrs. Oblcv Mr. Flatto nominatcd Mr. Pires. Mr. Pires thanked Mr. Flatto for the nomination but declined the nomination for the position. Mr. Young moved that the nominations be closed. seconded by Mr. Roellig and approved unanimoush . The ►notion to elect Mr. Wemer as Vice Chairman for 1998 was approved unanimously. 2826 PELICAN BAY ADVISORY COMMITTEE M:ucli •I, Iv'�x APPROVAL OF MINUTES OF TIIE JANUARY 7 1998 MEETING 1bul ;.1 Mr. Young stated that the January 7, 1998 Minutes need a clarification to Page 2800, where it stated that Mr. Young stated that sonic of this property had been deeded to the Foundation, so they arc also involvcd. I could not remember exactly how that went so I asked Mr. Estes to do some research on it. Mr. Estes did find that a Grant of Easement, a formal document, was entered into in 1984 that gave the Foundation a tcn foot (10') casement for the purpose of ingress and egress for pedestrian and emergency vehicles. So the Foundation is a factor and our Minutes should record that. It is my suggestion that the Foundation actually be asked to approve the drawing that was submitted to us that we had approved. Hopefully it will be all right with them, but there is no question that they arc a factor that should be involved. Mr. Ward stated that he would add the clarification and would put the Easement of Record with this set of Minutes and it will be clear that there was an casement granted from Colony Royale Ltd. to the Foundation. Mr. Young suggested that Mr. Ward contact the developer to be sure that he is aware that this casement exists and the developer should also have the approval of the Foundation for the plan that was presented to us. Mr. Ward stated that he would take care of evenlhing with the developers. 4fr. Werner moved, seconded by Mr. Fires and approved unanimously, the Minutes of the January 7, 1998 Meeting subject to the clarification as presented by Mr. Young. APPROVAL OF MINUTES OF THE JANUARY 26 1998 MEETING My. Hoyt moved, seconded by Mr. Werner and approved unanimously the Minutes of the January 26, 1998 Meeting. 2827 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 Dr. VarIcy welcomed Commissioner Hancock to the meeting. 6.r j. moll Commissioner Hancock congratulated all of the new members that %were appointed to the Adwison• Committee by the Board of County Commissioners. Commissioner Hancock commended Mr. Mudge for his years of service to the Pelican Bay MSTBU Advisory Committee and the prior Pelican Bay Boards. UPDATE ON THE CLAiit BAY RESTORATION AND MANAGEMENT PLAN Mr. Ted Brown reported that we arc through. There arc some things that we need to do. but fundamentally v%c arc through. The FDEP has faxed to me their final completion report. I will pick up the Army Corps of Engineers report tomorrow to read on the vwav home. Their Notice of Intent should be issued on Friday-. which will start a thirty (30) day clock running. The last time I was here we had an issue regarding some hydrological modeling that Mr. Tackney's office was attempting to get completed. That work got completed and submitted to FDEP and the Corps. The Corps was frank]• less concerned about it than FDEP was. After it was submitted one of the engineers with Beaches and Shores was still not satisfied and it was clear that Ite did not understand whit had been submitted and did not understand how to read %what had been submitted. Mr. Bro�yn continued that from a timing point of view, the State of Florida has a ninety (90) day Hindow in %which they peer review a permit request. They understand that is totally unworkable and they have assured me that they arc targeting in their mind hawing the permit issued by the first of April or close thereto. The Corps of Engineers have only a thirty (30) day window. but they will not be able to issue until the State of Florida has issued. Once the State has issued. they will be in a position to issue immediately thereafter. The State will need to conclude it's internal peer review which is basically Mr. Bray's bosses reviewing his paper within the next three to four days because there is a hwenhy -one (2 1) day Public Notice requirement. It is twenty -one days in our case because we arc not only getting a permit for the dredge and fill. we arc also processing a variance for disposition of spoil material between mean and low /high water along the beach and that is a turbidity waiver during the period in which that 2828 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 16G1 #* disposition is taking place. The twcnty -one day notice is required before they can cross that threshold and if you factor in that little bit of internal review time and the twenty -one days of public notice, we get pretty close to April I. That is the target and the Corps is pretty much on the same wave length. During that period of time there arc two things that need to be done which is actually one thing, but with both agencies. Both agencies %kill impose a series of permit conditions, many of which are fairly standard, custornan• and boilerplate and do not require a lot of serious review, but others of which seek to impose a condition which they feel is unique to the constraints of this project and therefore may require additional dialo.;;uc. To the extent that occurs we will meet with either the Corps or FDEP in a face to face meeting to resolve those issues quickly. I honestly do not anticipate an}1lting that cannot be resolved in a one day or several hour meeting and I also anticipate that will be necessary in order to bring final closure to the conditions that mill be acceptable. Mr. Brown continued that the only other potential thing that could adversely impact the schedule is if the National 'Marine Fisheries and National Wildlife Scr•ice request an elevation. 1 am informed that Marine Fisheries is out of play on that issue and I continue to be informed by Mr. Clough that the Fish and Wildlife Scr: ices continue to want to wave that flag. My personal assessment is that we do not think that Fish and Wildlife will seek an elevation, but all we can do at this point is go through the process and if they do wc deal %%ith it. Our own expectation is that they will not, but is a risk profile that needs to be identified to you. All things being equal and assuming no slippage, I would anticipate that at your April meeting, )our permits will be in front of you. Having said that, I have not personally looked at the pass but Mr. Brae indicated that he had been down here in the last thirty (30) days and definitely felt that there is some scnous shoaling in the pass. Given turtle nesting season beginning May 1, there is a ven high probability that if it was not excavated at least to the level that had historically been done the last two years to get it open, it would not be open through the remainder of this summer which would create a variety of issues and problems. When we started down this path and anticipated having these permits in hand this date or sooner, this discussion would not have been necessary. You could have relied on these permits and gone in and done whatever you needed to do. The difficulty now is that the permits you will 2829 PELICAN BAY ADVISORY COMMITTEE 1 `'� "�+0 March 4. 1998 get will be issued, all things being best case. April I which only leases you something less than a month to both mobilize and get in the field to do that minimal amount of work that you need prior to tunic nesting season. Having discussed that this morning, the strategy that was suggested is that we write a letter to the FDEP requesting that they in effect rc- institute for a one time limited purpose, the permit that was used the last time the County pursued this effort for going in and doing the work on that pass as soon as it can b_- organized to get done. The strategy was that I was going to call Mr. Huber of Collier County Natural Resources and discuss that with him. The bottom line is that we will need the cooperation of the County, since that permit was issued in the County's name. It is in cvcrybody's interest to pursue that aggressively. That will provide an opportunity to assure that the pass stays open through the suinnicr by doing that excavation now. In effect, it will jump start a portion of the work that you will undertake on that main channel excavation in November. 1998. It is certainly not going to be wasted effort. There will obviously be some additional shoaling that will take place bctw•ccn when you start and the time you rc- initiate that work. Between now and November you can proceed forward with the implementation of the remainder of the Plan that operated inside of the dune line and outside of harms way for the sat tunic population. Pretty much on the schedule that we had discussed. With the one caveat of having to deal with this one situation of stabilizing the pass now, you will be in a position to begin to think about organizing your implementation team and criteria for that. Dr. Varlcy asked how long it would take to process this emergency permit'? Mr. Brown replied that this is outside the regulatory protocols, but I do not think the Corps is going to have an issue with this at all. I think if the State of Florida says yes go ahead. I think they will fall to line. I have not talked with Mr. Clough about it, but based on how the whole process has gone I think they are looking to the State as the [cad agency on this project and would clearly recognize the importance of getting the pass opened. My sense is that we write a letter and specifically make the request that we %%ant to do the same work at the same location, the same way we did it before, no more. no less and we need to get in the field ven. quickly for all of the obvious reasons. It is going to be predicated a small measure on the fact that they arc going to be issuing this larger permit and there is a 2830 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 1 li i' 4 5 timing factor h.-re and they arc not unsympathetic to the factor and the delays that have come about. I believe the%- will cooperate. The only thing we talked about today and I was not particularly enamored with. was petitioning for an extension to do the work in that area after the commencement of turtle nesting season. That has a whole flock of other players to get involved which impose a lot of super monitoring requirements and other kinds of things and I said we did not want any pan of that. I said why can't we just do what I said. You understand what was done before, it worked, there arc a set of protocols in place to manage the process, we know what it costs to do it, we have people that have already done it. After wc discussed it, that was the direction they encouraged me to go. Mr. Wcrner asked the costs of doing this? Commissioner Hancock replied that that number he recalls from last time is S6O.00()- 570.()()0, Mr. Werner asked if there was a possibility that we could be spending that money twice? Commissioner Hancock replied that will be paid with TDC Funds. Mr. Ward replied that this is a County Permit that was issued and County funds would pay for Coin inissioner Hancock reported that in the past this has really gone through Board approval without much discussion on the TDC side. The fact that the long term permit is pending. at least I can express to my colleagues on the Board that after this is done we have a whole system that is working and we just have a long term maintenance issue to define and we will get to that later. We should not have a problem at the Board lcvcl to get this done. Mr. Bro,.%n stated that with regard to arc we doing some of this work potentially twice? Ycs. to the extent that that particular area is excavated and as a result of this exercise fills in to any extent that makes it smaller than what we intend to end up with at the time we do the final excavation, you arc handling the material twice. Unfortunately I do not think we have a lot of choice under the present ci rcumstanccs. 2831 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 1 5(31 .4% Mr. Rccllig stated that he was down at the pass this morning and the outlet has moved a long ways to the north and looked fairly wide and deep for a change. If you were going back to where it was before, that would move the outlet a ways south. Mr. Brown stated that he has not seen it and is not able to comment on it. 1 think the important thing is that if wc don't do it before turtle nesting season which is May I, then we arc not going to be able to do any work until November. This gives us an opportunity to curt that problem. It is a short term cure as we have learned over the past several years, but paves the way for the long term cure. Mrs. McCarthy stated that it may have been working fairly well today, but I was there last week and it had been reduced to a trickle. Mr. Rocllig replied that is what happens, it will go back and forth, but it is important to get the temporary permit to do the work. Commissioner Hancock stated that by the end of turtle nesting season it will be shoaled in. Our history tells us that. It is prudent to get the work done prior to turtle nesting season so that we do not have an environmental crisis during the turtle nesting season when it is most difficult to do any work there. Dr. Varicy asked for any suggestions on how to expedite this matter" In the past it has taken sometime to get through the County machinery. Commissioner Hancock replied that two times ago, it took a long time. Last time it took less than thine (30) days Mr. Bros +n replied that %kc are going to have to get folks outside of the box a little. Commissioner Hancock stated that when Mr, Brown speaks to Mr. Huber to tell him to put it through Commissioner Hancock's office and put it on the next available agenda. We do not have to change amZhing. We take the same packet approved last time and put it in the next available agenda. Even if 1 have to put a motion on the floor to amend the agenda for that meeting. ASAP is when I want it. If you will be so kind as to contact Mr. Huber after this meeting and if there arc any questions cr comments, have him contact my office and I will deal with the County Administrator on that issue. 2832 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 Dr. Varicy stated that he senses that the permitting powers arc not terribly enthusiastic about this. Mr. Brown replied that is not true. I do not have that sense at all. I know it is difficul! to understand this process and how the people intersect into it, but I will tell you that I think both the Corps and the FDEP arc vcry enthusiastic that this is the right thing to do. I think you will find that once you get past this stage and have that scaled paper in your hand, you will find them enormously cooperativc with the agenda going for%�ard. This is just the nature of the beast we arc dealing with and you have a lot of agencies that have to say grace over various parts of this, who take their responsibilities seriously. I suppose as taxpayer we would hope they would. There arc situations that arc frustrating such as this last one. both in terms of our getting our dcli%,crablc end and continuing to get what wcrc inconsequential and inappropriate comments backs. We have overcome that. Dr. Varlcy stated that his feeling was that we were not going to be able to do vcry much during the Summer. At the last public meeting we had. I got a eery different feeling. Mr. Brown replied that that first order of business is to take care of this short term fix. The second order of business is to begin to mobilize your implementation team. That involves getting the final resolution and execution of the casement for the Seagate cul%,crt work and then beginning to initiate the bid documents for the remainder of the projects involved for the permit itself. You can get started on the Seagate culvert work and some of the other attributes of the interior work that you can do. The only part of this projcct that cannot be done during turtle nesting season is the main channel excavation and that is because w_ are disposing of material on the beach itsclf. The rest of it is behind the dune line and interior channel «ork. Clearly you would want to go forward with the Seagate culvert work and start to organize the freshwater implementation studies and that sort of thing that is an important part of it. You may well want to initiate some of the work on what we call the interior tidal cuts within the system itsclf, but do not rely upon disposition of materials west of the dune line. You can start to get very busy on this project over the next six months. I would anticipate that a year from now you would be totally done with 2833 PELICAN BAY ADVISORY COMMITTEE" ' March 4. 1998 ' all of the remediation out there and a significant portion of your study results would be giving you some sense of direction. Dr. VarIcy asked if any of the conditions were anticipated to be tough for us? Mr. Brown replied that he did not. You ► ►ill find someone may issue a condition that you cannot use som npe of dredge machine. I will have to find that out before I can agree for that to be a condition %►e can or cannot live with. There arc always some special tailored things that come from somebody in some pan of the bureaucracy. I happen to now about that one because I received a call from the folks that nin the endangered species office with a concern that a certain kind of dredge machine would be vcn, injurious to invertebrates and other kinds of sea life that live in that channel. I can be sympat}hctic to that, but I need to understand if that is the kind we anticipate using and we arc going to have to sit down and try to resolve that issue. My sense is, as she was describing the machine to me. that is not an is,uc. It is much more mammoth than we would ever have room to use or think about using. There is likely going to be tcn to twelve things on both sets of conditions of that kind that arc tailor made to this project that may or may not require discussion. We arc not going to let a lot of grass grow about that. We will resolvc those conditions ►•cry expeditiously. We want to have those resolved when the piece of paper cones out. Dr. Varley asked if Mr. Brown would spearhead the emergency opening of the pass? Mr. Brown replied in the affirmative. Dr. Varlcy stated that by the next meeting we should be up with a system for getting the bids hid and let. Mr. Ward replied that most all of it has been done. We will make a few minor changes. Dr. Varley stated that this is a big day. Some of us have been very high and very low along the way. Mr. Carl Bontemps - Claridge resident - stated that he understood that Mr. Bray just got the paper during the last two to three days and asked who was the hold up? 2834 PELICAN BAY ADVISORY COMMITTEE �^ March d, 1998 Mr. Brown replied that one of the major problems in getting the paper was the model that Mr. Tackncy was running. I have learned a lot about that model from contacting another engineering firm. There is a model which the Corps of Engineers has developed which is called RMA2, which is designed to measure the effect of tides in and out of various systems. It is a model uniformly used by them and a lot of others. The complexity of the system we arc dealing with makes it a very complex model. There arc over 10.000 node points on that model that arc designed to react to different We conditions. There is another part of the model called the "wetting and drying but is the part of the model making Mr. Tackncy's computer unstable. He had been trying to run this for 90.120 days. Finally we eliminated that portion from the model and that enabled him to complete the run, When he got it done he ran it on a seven day cycle. Normally when you run these models you would prefer to run them on a full lunar cycle «fiich is trim• (30) days. The FDEP agreed that the additional run was not necessary, but would like to sec it run for fourteen day. Mr. Tackncy went back and ran it for fourteen days and it %%as bcmccn that penod and running it the second time that 1 contacted the other engineering firm to be sure that %%hat %%c mcre doing is getting the answer that we needed. Their opinion letter basically confirmed the accuracy of Mr. Tackncy's effort, the methodology and the conclusions which he reached. Both the Corps and the FDEP needed some additional peer review of that work product. To the extent there was a hold up it rested in our court in terms of our inability to compete that hydrographic model. The State of Florida and Mr. Bray have been very responsive and arc moving outside of the box to make things work and does reflect «cll on them and their enthusiasm to do the project. Mr. Rocllig stated that models in general open a lot of questions. When you do a model you have to make dozens of assumptions. When you make assumptions, the guy next to you says your assumptions are a little off and you can go back and forth for a long time. I am glad to hear that it has finally been resolved. Mr. Br0N►n stated that Dr. Hillestad has seen any number of projects go down the tubes because people arc arguing over models. Modcls arc what they arc, they provide some indication of what we know intuitively at the time. 2835 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 I6GI -9v Dr. Varlcy stated that this Committee has expressed a number of times that they would like to be involved in the bidding and contracting process. Dr. Varlcy asked Mr. Roellig if he would be willing to work with Mr. Ward as a Committee Representative on this issue? Mr. Rocllig agreed. Mr. Werner suggested that Mr. Mudge work with Mr. Roellig since he is no longer a member of the Committee and would not be subject to the Sunshine Law? Mr. Mudge agreed. DISCUSSION OF INCLUSION OF BIKE PATH LANES ON PELICAN BAY BOULEVARD AND GULF PARK DRIVE Dr. Varlcy explained that tse have discussed and discussed this issue and now need to take a vote on whether or not to add bike paths. We did have this public hearing and Mr. Ward has summarized it ven• well in the written materials and 1 would like to sec this put to a vote today. Mr. Wcrner stated that he was kind of playing Pil Donahue at the discussion and had formed an opinion opposite of Mr. Ward's. 1 thought most of the people who commented during that meeting wcrc in favor of including bike paths. Mrs. McCarthy disagreed saying she thought the feeling was for no bike lanes. Mr. Harrell stated that he felt the majority was in favor of the bike lanes. Mrs. McCarthy stated that she was surprised as to how little response there was to that issue because it was N-cry well posted. It seemed to me that to a lot of people it was a non - issue. Mr. Ward stated that you always get people out to public hearings when they arc against something. It is ven, unusual to get someone out w•hcn they arc in favor of something. In the context of your public meeting that was sort of normal. What was unusual wcrc the letters that I received. Usually the same is true with correspondence. The letters that came in wcrc overwhelmingly in favor of the bike paths. which I thought was unusual. Dr. Varlcy replied that there was an active effort to be sure that people wrote letters. 2836 PELICAN BAY ADVISORY COMMITTEE March d. 1998 .Mr. Harrell stated that to summarize the issue, the people who want the bike paths arc the bikers. Those who don't arc those that don't ride bikes. To me since the bikers arc allowed to ride on the road any Way. we ought to be listening to the bikers, rather than listen to the people in the cars. Mrs. McCarthy stated she disagreed with that. My sense in attending that meeting was that most of the opposition to the bike path was from bikers. Dr. Varlcy stated he had gotten the same feeling. In the beginning the bikers wanted it and the non - bikers did not. From the fcw comments I have had, it is a switch. Mrs. McCarthy stated that as a biker and member of this Committee. I think we all want bike paths. I don't know any biker that doesn't. The explanation that I heard and agree with is that there isn't the room to do a right size bike path. I love bike paths. The one that is on Gulf Shorc Boulevard is a terrific path and lwicc as big as the one we have here. Most felt that it was just too dangerous because it was so small. Mr. Flatto stated that with regard to the safety issue he has spoken to many, many bikers and a majority of the bikers and rollcrbladers arc not residents of Pelican Bay. It is my opinion that if wc approve this expansion that you would sec tremendous more traffic and more danger and more 1w.ird from non - Pelican Bay residents coming into our community to bike and rollerblade. Mr. liaison sated that he is opposed to bike paths because it is too dangerous. If we arc going to narrow our roads from lWelyc feet (12') to ten feet (10'), you do not havc enough room to pass a biker on a four foot (-l') path. I wouldn't trust myself to pass a biker if another car is to my left. Mr. Ward stated that you have twelve foot (12) lanes on the boulevards right now and the proposal is to reduce them to ten foot (10') travel lanes, with a four foot (-t') bike path which is reduced by the striping of the lanes and bike path. Commissioner Hancock asked Ms. Jenkins if that was the size of the bike lanes on Vanderbilt Beach Road? Ms. Jenkins replied that it is. 2837 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 other. 16GI vii Mr. Werner moved and seconded by Mr. Harrell that we recommend to the County that when they restripe Pelican Bay Boulevard and Gulf Park Drive that bike lanes be included Motion jailed due to a tie in the vote (717). Those voting for the bike lane were Messrs. Pires, Werner, Harrell, Varley, Griffith, Young and Hoyt. Those voting against the bike lanes were Messrs. Hasson, Carroll, Ratto Roellig, Mrs. McCarthy -, Obley and Kreigh. 'sir. Rccllig stated that he feels more uncomfortable with the stripped lanes than he does with the Mr Harrcll stated that they arc going to ridc on the road with or without the stripes because they arc allo«cd and I feel they arc much better off single file in a bike lane than the } - arc four by four, side by side. driving do%kn the road. They have the same rights and responsibility to be on the road as a vehicle. Mrs. Oblcy stated that is exactly what people said. We arc allowed on the road and when we arc on the road we follow the same rules as cars and use safety as one of the ways of riding. They feel that the bike path is a false sense of security, Most of the bikers that I know have said that the%- do not want them and 1 as a driccr will not pass unless I am absolutely sure. Mrs. McCarthy stated that another issue is that she was riding on the sidewalk and rang my little bell as I alwa%s do. An older woman stopped and yelled at me "pretty soon you won't be able to do this. I ant not going to move over ". I thought this was interesting. we are going to have confrontations on the sidewalk bccausc people arc going to feel that you arc not allowed to use the sidewalk. Cornrnissioner Hancock stated that if there is an accident between a bicyclist and walker on the sidewalk. the bicyclist is liable. Mr. Wcmer stated that the opinion that we have gotten from the Shcriff s Department and a Bike Path expert is that they consider it to be safer with the bike lanes. Mr. Hasson stated that he watched this on several occasions and half the time then• did not ridc in their lanes and if they do they arc so far on the inside by the travel lanes because of the gutter. 2838 PELICAN BAY ADVISORY COMMITTEE March 4. 1999 'I�r,Itq% DISCUSSION ON THE OAKMONT LAKE AND RIDGEWOOD DRIVE LIMITING REPLACEMENTS Mr. Ward explained that in the 1998 budget we included the replacement cost for the bollard lighting replacement along the Oakmont Lake bank, along Pelican Bay Boulcvard and a portion of Ridgewood Drivc. There arc 114 bollard lights. The lighting that is in there was constructed in the 1980's along th. boulcvard and mid to late 1980's along Oakmont Lake bank. It is an aluminum style bollard lighting that is no longer manufactured and has scvcrcly deteriorated due to its age, design and a lot of vandalism that has occurred. We budgeted a certain amount of money per light for those replacements and spent a significant amount of time researching different kinds of bollard lighting for those mo areas for purposes of replacement of those lights to both meet the cost estimates in your budget and also to to t,) get something that was a little less maintenance intensive and providcd a little better lighting for you. What % c have come up with is a light which is displayed behind me, a color copy of «hich was prodded in the agenda package. It is manufactured locally in Napies by Kerkchoff and is consistent with what we had budgeted for you in your 1999 budget. The question is do you want to proceed with this kind of lighting. There arc many different kinds of styles that you can talk about and utilize that they manufacture. This particular one was one that met the cost parameters that we were looking to meet in your budget and esthetically decent looking lighting. There arc two different kinds displayed behind me and the Height is no big deal. The height and color can be changed. The question is do you like this kind of lighting and if so we can proceed. They take 60 -90 days to get them manufactured. In your budget Nve had anticipated installing those lights ourseh•es with our own in -house personnel, so it will take through mid to late summer to get that completed. It also meets your budget constraints of roughly $42.800. Because of the price of them we will go out to competitive bids through the normal County process and I am sure others will bid on it, but it is unlikely that they sill be able to meet the price. I will leavc it up to you to make the aesthetic decisions to the extent that you %vant to. Dr. Varl:y stated that ,Mr. Ward told him some time ago that these were half the cost of those available. 2839 PELICAN BAY ADVISORY COMMITTEE U 1 4 -JaC March 4. 1998 Mr. Ward replied that we picked one that was a concrete cast design that should help with both the vandalism and maintenance issue. There arc other kinds, primarily aluminum, bollards availab'.c. The aluminum bollards arc similarly priced. They arc actually somewhat higher than we have on this particular piece and not nearly as good looking as the concrete bollards. They tend to be subjected more to vandalism and a little higher maintenance on those bollards. All of the other concrete bollards we looked at were more than double the price than the two that arc sitting before you. This particular company makes some that arc in the $500.00 range. The other companies varied widely from S(M.00- $900.00 %whout any significant difference in the materials or design or what was in it. Dr. Varlcy stated that down the road we arc going to have to replace the strcct signs and 1 do bclicvc this could be tied into those signs. Mr. Ward replied that the other considerations that we looked into was than when we get to the 1999 Budget there is some changes in the Capitol Projects recommendations. but replacement of the wood street signs and then further on in the years changing out the wood signs in the entrance ways. With this kind of a concrete design we %%ill be able to match street signs for replacement purposes throughout the community and quite frankly even match entrance way signs to this kind of material. color. ctc. Conmwsioncr Hancock asked about the warranty on the lights? Mr. Ward replied that he did not know. Commissioner Hancock stated that he was trying to reconcile the price differences. If the warranty on the N+orkmanship is two years versus five years, that may tell you something. Mr. Werner asked why we had these lights on Ridgewood and Pelican Bay Boulevard. Mr. Ward replied that he does not know. that was before his time, Mrs. Obicy stated that sidewalk in that area is quite a way from the street and you do not get the light from the strxt and that is ashy it was done in that area. Mr. Ward replied that area was originally a park area and the fee title was originally in the name of the Foundation. It was a passive park area and is about one acre in size where you could walk. 2810 1661 , PELICAN BAY ADVISORY COMMITTEE March 4. 1998 I am not sure how many people use it anymore, but I know some of the people walk their dogs back there that abut it and live in those locations. That is probably the reason those lights wcrc put along there. Mr. Carroll asked if these were reinforced concrete lamps? Mr. Ward replied they wcrc. Mr. Carroll asked if they contained reinforcing rods? Mr. Ward replied that they do not. Mr. Carroll stated that if they do, there would be a rusting problem. Mrs. ti cCarthy asked if anyone had done a study as to whether we really need them. Just because they %%cre put in eighteen years ago does not mean that we need them now. Mr. Ward replied that we have done an informal suncy of residents in those areas and obviously have said they like them. They arc the people who utilize them. Mrs. McCarthy stated that very few people arc going to say you can take something away that they already have. That is human nature. Mr. Ward stated that is what you are going to have to deal with. If you take them out you arc going to end up %pith those residents here before you wanting to know why you took them out and if you want to put them back. It is dark back there and I do know the residents that arc there do use them. Lake. Mr. Werner stated that we have had complaints about the lights falling apart at the Oakmont Mr. Ward replied that you have to do something about those lights. Mr. Ward stated you need to tell me if you want to proceed or not and if you do and the design is fine we will go to the next step of bidding it and getting it awarded and installed. I hear you want to have some discussion about whether or not to do the ones on Ridgewood. I do not have a strong opinion about it, but I do know it is dark back there and some residents said they like those lights in thos:. particular locations. so that is really up to you. Mr. Hasson asked how many lights wcrc along there? Mr. Ward replied approximately 32. 2841 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 16GIlov Mr. Hasson asked for the cost involved with those 32 lights? Mr. Ward replied about $12,000 - $13,000, Dr. Varlcy asked if we were eventually going to replace them all? Mr. Ward replied that you either take them out and replace them with nothing or you take them out and replace them with something. The choice is not to Ieaye them there. You either replace them %pith this or you take them out. Mr. Werner stated that what concerns him and he does not want to delay this because something needs done, but something that may be the design for our street signs and signs for our front entrances. I hate to rush into a decision like that, I don't like here arc two examples, take a pick. I would rather have more public input. Dr. Varlcy stated as far as the need for them when you start having the public pick the color and the style, it gets to be impossible. Someone has to make a decision and not everybody is going to like it. Mrs. McCarthy stated that after being involved in buildings and trying to get everyone to agree on something is very difficult when you are asking colors and styles. 1 think it would be a nightmare. Mr. Werner explained that some people have different ideas and opinions to offer. Dr. Varlcy asked Mr. Wcmcr if he wanted more of a show and tell from Mr. Ward. Mr. Werner stated that he is not sure of the proper way to go about it. It bothers me for Mr. Ward to make the decision and we vote on it. Mr. Ward explained that in terms of the overall concept, to me when I went back and looked at it, we put together a budget that had a price range in it of roughly $12,000- $43,000 that you could spend. The question to me is really very simple, if you want to spend more than $12,000. there is a hundred different styles of lights that you can pick from. In this price range you either pick this kind of light that you have before you or can pick an aluminum light that is similar to what you have out there right now. When I took a look at it, it was pretty easy to figure out that there was not a lot of decision making that could go on. If you want to talk about it a little more than just today, that is appropriate. If you want to talk about different colors, heights, or changing from square to round that is okay. I anticipated going 2842 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 161 through this a little longer than what we did, but after all the research I did on it, the pricing on these things is rclati%cly all over the ball court. Kno%�ing what wc: had to spend or %%anted to spend on this project, it really came down to picking between this or an aluminum bollard lighting that 1 was against because of the problems we have had with it with vandalism and maintenance. Mr. Harrell stated that he is all for just picking a light. Mrs. ;vicCarth), stated that we do need to think down the road about signagc so that we do not have different colors, etc.. Does one make more sense to you from a standpoint of coordinating signs? Mr. Ward replied the round one makes a little more sense to me in terns of coordination of the signagc and picking the right color has some significance to it in terms of the signs. I have not gotten to the point of picking colors on this yet. Mr. Harrell stated that from a maintenance standpoint the round is probably better than the flat one �Oicre it could gather graffiti. Mrs. Obley asked if these would provide enough light or would they have to be placed closer together? Mr. Ward replied that this is actually better lighting than we presently have. Conimmioner Hancock stated that the only consideration he %%ould ofTer is on times that %%c have had the opportunity on the Board to do aesthetic things, one of the keys is %%arrant} that conics aft'.r sale. Who does the installation, is it a local company, what is their service record. Whenever you go to a new product you really don't know what problems may or may not be intrinsic %%ith them. With the old one you know . +fiat the deficiencies were. Mr. Ward replied that it is an in -house installation and service. Mr. Harrell stated that tic has had about forty (40) bollard at Waterside and have never had a problem with them. Mr. Ward stated that is actually %%-here they started. These lights arc about 5375.00 and those lights arc about 5800.00. 2843 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 6 ': r� Mr. Young asked if we could go ahead with Oakmont and leave for future discussion �khcihcr we want to replace the other lights? Mr. Ward agreed. locally. Dr. Varlcy asked if these «,crc going to be available and not going out of style? Mr. Ward replied that was actually another key consideration. Thcy are manufactured hzrc Mr Wcrncr asked how the number 542,800 was developed? Dr. Varlcy stated it was the number of lights they need times the 5400 nn Mr. Werner asked what the genesis of the $42,800 was? Mr. Ward stated that it was the replacement only of a similar bollard lighting. Mr. Pires stated that with respect to the discussion about not having the lights along Ridgewood. I think it is important for the residents there to have some input into that decision. Mr. Harrell stated that you cannot take away what they already have date. Mfr. Young replied that you can if you don't need than. Dr. Varlcy stated that we could always do the Oakmont area right no%%- and the others at a later Mr. Ward replied true. i1fr. Hop moved, seconded by Ms. McCarthy and approved on a 1311 vote to replace all the lights with the round bollards. The dissenting vote was Afr. Werner. Dr. Varlcy asked Mr. Ward to make sure that before the final decision is made the Advisor-,- Committee be advised what it is you arc going to do so that ambody here that has a question can have it addressed. Mr. Ward agreed. 2844 PELICAN BAY ADVISORY COMMITTEE 14D G 1 March 4. 1998 DISCUSSION OF LANDSCAPING IMPROVEMENTS - US 41 MEDIAN Dr. Varlcy stated that he attended a President's Council Meeting and Mr. Bill Turner of the Pelican Bay Property Owner's Association made a presentation about their efforts of tn•ing to organic the landscape on the medians of U.S. 41. It seemed to be from the discussion that it %%as going to be extraordinarily difficult if not impossible to do that on a voluntan• basis. Thcs have gotten WCI and Gulf Bay to commit to some funds for it, but going around and asking for a donation to me seems 111,11 they will never get the job done. I asked Mr. Ward if there was any way the MSTI3U could get involved and lie told me that although that is not in our jurisdiction, the Ordinance %%ould not be too terribly difficult to amend to include U.S. 41 with no increased liability. Mr. Ward stated the question becomes do you as a Dependent District have the legal authority in order to provide a sen ice outside of you boundaries? The clear answcr to that question is no. The %%ay for you to provide that service is to amend the boundaries of the MSTBU to include the US. 41 nrcdion. That %%ould give you the authority to assess your residents for the capital constnrction costs required in order to landscape that area. It is a State road and as a Dependent District you do riot get any loses or liability Nkith respect to the District as a result of expanding your boundaries. It is an expansion of your po%%crs. so you %%ould essentially end up with the responsibility to the extent that you decide to take on the responsibilit,. of working with whoever it may be to have that landscaping installed In my discussion with the County Attorney's Office, we thought it might be appropriate also to clarif. the language in the "Powers" section to ensure that there would never be a qucsuon that is one of the things % +c x%crc going to do to make sure the Board of County Commissioners understood %%hy %ou %%ere doing that. Dr. Varlcy stated this is a thought and I personally do not have any preference for it one way or the other. I do feel that if we as a group arc anxious to do this and get involved 1 don't think %%c should undercut the Pelican Bay Property Owners Association. They have done a good job and arc working ven hard to get this thing going. They would welcome our help, but %%c should not grab the ball away from them and go do something. I also believe before we get involved %%c get as much public input as 2845 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 161,1 +0, possible. I have no idea how popular spending the communities money on landscaping 41 might be. I would like to get some discussion and postpone any vote or decision until next meeting. Mr. Hasson stated he has a question in his mind of do we really want to get involved in this project? We have to decide if we want this liability or potential liability and involvement. Dr. Varlcy replied that Mr. Ward assured him there would be no liability. Mr. Ward stated that you take no general liability or otheruisc from expanding your boundaries. What you get is an additional service and the ability to provide the service to the residents to the extent you want to do it. And you take on that responsibility and work effort that goes with that. In my opinion that is just something you would do as government. Commissioner Hancock stated that when you refer to liability if someone drives off (tic road and hits a tree and you get sued? As far as the liability for some mishap that occurs in the median, [tic County was sued two years ago. Someone driving down Vineyards Boulevard drove off the roadway hit a tree, flipped over and was unfortunately killed. Thcy sued the County under the basis that the median is a collection area for vehicular traffic and that suit failed. The good news is that landscaping of medians does not draw an additional vehicular liability associated with it based on that court case. The idea of a large litigation potential has been removed by that court decision by some degree. Mr. Hasson stated that we also have a financial and maintenance liability. Are you going to have to take this -is continuing maintenance? Mr. Ward replied that he would hope not. Commissioner Hancock stated that he made a note to check the County Strectscape Master Plan and what plans for US 41 median landscaping arc in the works, concurrent with the US 41 widening. 1 get the question of median landscaping everywhere. Typically ►wc have several different types of agrccntents that have been executed that combine installation and maintenance time periods to whomever wants to do it. It was different with the Vineyards. The County installed it, they maintain it. Collier's Reserve installed it and maintained it for two years, then the County took over the maintenance. We have at least solidified the type of agreement we normally execute. hfy gut feeling is that if Peliccn 2846 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 b f:1 Bay should decide to take upon itself the installation, the County either immediately following or shortly thereafter would take ovcr the maintenance. You have to look at the different medians and how they are maintained and the way it is designed to get an idea what it is going to look like. Some roads like Airport arc narrow and the design is not that good. We would probably take ovcr the maintenance after installation after it has been installed and accepted. I would like to check the Mastcr Plan to sec % %hen we were anticipating that landscaping and hit in our general budget. Dr. Wrlcy asked who replaces the trees or landscaping if it dies? Commissioner Hancock replied that once the County accepts it for maintenance purposes. the County then funds the replacement materials as long as they arc outside of the %%arranty period. Mr. Griffith stated that at one time the County was maintaining U.S.41 from Pine Ridgc north to Laurcl Oak. which was placed through the efforts of Naplescape. There was a Mastcr Plan for them to go further until they had difficulties and that was the objective to have the County maintain it. You surely did not «ant to State to maintain it. Mrs. McCarthy asked why would Pelican Bay residents would be paying for this and why wouldn't the County at least offer to match the funds? Commissioner Hancock replied that he will ask, but probably be told no the sonic as the mangroves. The history works against that request. The histon• has been that the dc%rlopers have always installed it and the County would pick up the maintenance. Almost all of the median landscaping you sec is adjacent to a development that wanted to pretty up their entrance. When Pelican Bay staved «c really were not doing median landscaping, but if you brought that into today's terms %►c would strike an agrecnicnt with WCI that they install it and after a certain period of time we would then take it o%rr. You would still end up paying for it. Mrs. McCarthy stated that she has for years wanted those median landscaped. h1y feeling would be that I would support the effort of the Pelican Bay Property Owners Association to do this. but I would suggest that funding be raised from the developers who arc continuing to profit from t ur community. I guess this is just something that I do not think Pelican Bay residents should be taxed for. 2847 PELICAN BAY ADVISORY COMMITTEE 1 lJ S March 4, 1998 Commissioner Hancock replied that is what Mr. O'Connor has done with WCI and Gulf Bay, to secure some kind of agreement from them. I want to find out the particulars and plans from the County side to sec how this can dovetail into it. I can assure you that Pelican Bay will be treated no better and no «•orse than any other community that has participated in median landscaping. Commissioner Hancock stated that he would get this information and provide it to Mr. Ward prior to the next Advisory Committee meeting so that it can be included in the packets. 1 will also include some sample agreements that have been executed recently between the developers and the County. One MSTBU actually formed to build a hcdgc along the County right -of -way. The hedge is on the County's property, but they maintain the hcdgc because they wanted it and we did not have it in our plan. This isn't that unusual for the property owners to go outside the boundaries of their development and out into the roadway or right -of -way. Mr. Young stated that we apparently have set a new precedent with regard to that with the Vanderbilt Beach Extension because there arc hundreds of palm trees being planted. Commissioner Hancock replied that WC] is paying for those trees. The other one is Vanderbilt Drive. The landscaping was all donated and paid for, all the County did was donate some fill. Dr. Varlcy stated that the Property Owners have estimated that it would cost $300,000 to go as far as Gulf Park Drive and another $300,000 to go all the way to Vanderbilt. They believe they have 5150.000 committed by the developers. Mr. Flatto stated that having scn•ed on this Committee for six years. it seems we have had the mangroves and other things «ithin the confines of Pelican Bay itself. Unless the community wanted this Committee to get involved, I do not personally feel it is our jurisdiction or a subject for us to get involved with. Mrs. Obley stated that she thinks others should start helping to pay for some of the beauty in front of Pclican. I don't think Pinc Ridge would join us if we wanted to pay for it. Dr. Varlcy stated that Pine Ridge was contacted and the answer was no. 2848 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 Commissioner Hancock stated that Pine Ridge has a voluntary association so they do not hive the ability to collect from everyone in Pine Ridge. They arc working off of donations to install the Oak trees that are two inches from dying along U.S. 41. Wen you talk about communities paying for other communities, as far as I am concerned, the Streetscape Master Plan ewe all pay into. When the County takes over the maintenance once U.S. 41 median would be done, the rest of the County would be paying for those. We do not install the median landscaping until a final road section is complete. This was not going to happen and the County was not going to be a partner to an agreement until the six laning is going to be completed anyway. Otherwise you install it and it gets torn up when they do a road widening. The timing is not any different. Pelican Bay has not been forgotten. it is just that FDOT has taken longer to six lane 41 than we would havc liked to. Dr. Varlcy stated that he asked Mr. Griffith if he would present a synopsis and update of where wc stand on the widening of U.S. 41 at our next meeting, We can continue this at our next meeting. Mr. Griffith stated that when they do the six laning on U.S. 41 they arc going to go into the median and %what that does is restrict what type of landscaping you can really do. There may be a misconception to some people that they think they, arc going to get what the%, sec in Naples. There is going to be a limitation to the landscaping, trees. ctc. due to safety. The city medians are 50' wide you will be lucky to havc 20' feet here. Mr. Young stated that he would like Mr. Griffith to tell us specifically if this is going to be curbed or not because that makes a difference. If you don't curb it you can't plant any trees. It is my information that it is not being curbed, Mr. Gri(Tith replied that they are going to be a low curb on the median and not curb on the outsides, which means no trees. They will be either eery small and in the center in some locations. but where there is a tightening, there will be no trees. What you have along Pelican Bay right now is beautiful frontage. but what you may end up having out there may not be %worth the investment. That needs to be looked at and decided before moving forward. Commissioner Hancock stated that there were trees planted on Immokalee .without curb. 2849 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 Mr. Young stated that there is also a difference between a State and County road. Dr. Varlcy stated that the feeling of the group may be that we very well should not get involvcd. It just strack me that if that is going to be landscaped, some way or other we arc going to have to get the entire community behind it or it will never fly. We will continue this discussion at our next meeting in April. DISCUSSION OF THE YEAR END REPORT Mr. Ward reported that you were provided a quarterly update of where we were in some of the major elements of the operations for Pelican Bay and if you have an questions I will be glad to answer them for you.. CONSULTANTS Mr. Ward explained that he did provide a Memorandum regarding the status of the consulting contracts that you have with Mr. Brown, Mr. Lewis, Mr. Tackncy, etc. As of December 31, 1997, Mr. Brown was essentially out of money in terms of his contract and has been working at his own will at this point in time until we get the permits. In the memo I noted to you that I did have this discussion with Mr. Brown and he knows he is working at his own risk. I would assume he would come back to you at some point if he is successful, and apparently he is going to be successful, about being paid for the w•ark that is begin done. His billing is running anywhcrc bowccn $8,000- SI0,000 per month. From December 31 until whenever we get the permit, you can pretty much figure %%hat his charges have been and he is heavy into this process at this point and is pretty much the only consultant working other than Mr. Tackncy. I also know that we will also be under budget for Wilson. Miller and a little for sonic of the other consultants also. All in all we will probably be a little over what we originally anticipated even with Mr. Brown's input and I am not sure there is anything w•c can do at this point with respect to it. I just wanted to make sure that everyone understood this at this point in time. Dr. Varley stated that he has the objection that Mr. Ward tends to frame this as w•c have $30.000 left in the budget and I do not think that is a good way of going at it. It just tempts people to figure out how to charge for 530,000 more dollars. I think that what we have not yet spent or committed 2850 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 ought to be in a pot and no committed to an}-body. If we keep teasing them. the %. % %ill turn in bills that will come out to the penny of exactly what we have committed. Mr. Werner asked if Mr. Brown had given any indication of the costs involved with the independent engineering firm he used to back up Mr. Tackney's numbers? Mr. Ward replied less than $540.00. FISCAL YEAR 1999 BUDGET Mr. Ward explained that it is time to start our budget planning for 1999. What I did this year was take the opportunity to prepare and provide to you an outline of the budget planning for 1999. This is not the budget, but a starting point for us to be able to take a look at the programs that %wc have here to make a decision as to what tiwe consider the levels of service definition we want for those particular programs and then from that point forward, make a recommendation to you as to the projects we think that arc important for you to look at for 1999. Once you make those decisions. you go back and begin the preparation of the budget. I am not going to go through this with you today. It takes about one to one and one -half hours to go through this in its entirety with you. I will schedule a meeting within the next two weeks %%-here we can sit down and focus in on this budget and look at all of the services ewe ha,c and have a discussion as to whether you like or dislike them and take a look ti►hat our projected assessment rates will be. Take the time over the next Nycck or so to take a look at what has been provided to you. It is more a definition of what you currently have at this point with some recommended changes to the programs. Mr. Young asked if the 12% increase would be if we continue on the current course of action we are on'? Mr. Ward replied with some recommended changes, but essentially the same program. Mr. Wenicr stated that he has not had a chance to look at it, but feels it will be very helpful. AUDIENCE PARTICIPATION 2851 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 MANGROVE i Alice Kaye Potter - President of the Mangrove Action Group - on behalf of my members. I want to thank you all for staying the course. This is a wonderful day and w•c sec daylight ahead. This is the first time I can Icavc one of the meetings with a smile on my face. I am going to be getting a letter out to our members because I fact it is a man•elous thing that we can finally smell the permits. U.S. 41 MEDIANS Mr. Carl Bontemps - Claridge resident - stated that on this idea of the median landscaping in the middle of a public highway, why would we want to get involved in landscaping a public highway where all the F -150 trucks arc going to run up and down it. They practically run ovcr you just trying to drive the speed limit. My question is why would w•c want to get involved in it? Dr. Varlcy replied maybe we don't. BERM AND COMMONS MAINTENANCE Rose Jones. St. Lucia - asked if the maintenance of properties such as the born and Commons are being paid out of our real estate taxes? Mr. Ward replied that it is paid for by your as an assessment that is placed on your real estate tax bill, but not based on the value of your property. You pay a certain amount each year that comes to the Pelican Bay Services Division. This year it is S195.00. With those funds we do a lot of things, one of w hick happens to be the landscaping maintenance throughout the whole conununitc. Ms. Jones stated that she has been addressing this berm and Commons issue with the Board of Directors of the Foundation and Dr. Frederick's suggested I speak to your group. The berm has debris both north and south such as paper and has been ongoing since I have lived here for nine years. There is always a tremendous amount of pruning material from pruning left behind. Sonic is being chipped now that thev are taking down the pepper bushes, but it is never done as a 100 "; job. There arc several areas around the Commons that have standing water, swales that do not work properly and raking has ne%•cr been a consideration and I have been told that it is not going to be because we do not have the money nor the manpowcr to do it. Many of the areas north and south on the berm look more like dump sites than 2852 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 premium property. Nine years ago I was in awe of the beauty I saw in this area, especially coming down Pelican Bay Boulevard and that is where it has seemed to have stayed, in the high visible areas. When you sec the amount of traffic that is one the berm, that is a highly visible area also. Ms, Jones continued that Mr. Brad Estes arranged a meeting with Mr. Lukasz of the Pelican Bay Services Division and Mr. Bowdcn of the south Tennis Center and we did a walk though of these areas. Mr. Lukasz has already started to give us some rewards in planting more shrubbery and eliminating path areas. I just wish we had a little more input and I do not know who to go to for moneys, but these berm areas need to be monitored more than once a month which is what they arc allotted. There is always debris. There always has been debris and there is no need of it. It is not expensive to at least go in and monitor the area at least a couple of times a week. When we have new constriction going on, we should make sure that all building sites have some type of fencing that blocks debris from blowing into the waterways and along the berm. Last week there was all kind of trash in the tree and large cardboard canons and not a fence to be seen, I don't know what group to address. Dr. Varicy stated this is the right group to address and it is the right time of the year. We arc going to be taking up the budget and is the time to think about hiring more people, etc. Mr. Hasson asked if the debris was primarily construction debris. Ms. Jones replied that it was not. It is everything. This year we had a battery which was moved from one locale to another. There is a plastic jog that has been there since November and is about 3 feet high, plastic (lower pots, paper, etc. When they arc removing this pepper bush I was told they could go in 100', why do they not chip it all. There arc still logs as big as my car in there. A chipper could handle it and if riot, remove it. When you trim the pepper bush can you go both cast and west of the berm? Dr. Varley replied that Collier County is responsible for west of the berm and Pelican Bay is responsible for cast of the bcrm. Ms. Jones stated that there is a way to prune that it doesn't show. it is vcn• obvious where they pruned. It appears that they sent a two year old to do the job. On the Gulf side it appears a child could 2853 PELICAN BAY ADVISORY COMMITTEE March 4. 1998 have done that work. There arc large cuts made where it could have been taken all the wav to the ground. Stumps three feet high have been left, why? It should not be Ieft in such a haphazard way. Mr. Ward stated that what Ms. Jones is getting to is something that I have been seeing in the past couple years as the community has begun to mature and that is probably some of the genesis of the material you now have in your 1999 budget. The demand for a level of serice that we have is increasing and specifically along the berm areas, our level of senice is at a defined Ievcl not at the Ievcl that is being talked about us doing. In your 1999 budget is the time for you to look at that level of service to define how you want to do it and to figure out how much it is going to cost and if you decide you want to do it we can implement it. All of the issues that have been addressed arc issues. Thcy are questions we get periodically. We arc not funded to the level of maintenance that Ms. Jones is talking about and those arc significant dollars to invest back into the maintenance program. Even in the proposed level of service, we have not gotten to the level that Ms. Jones is talking about in terms of doing it along the berm area. It is something you need to take a look at. I do not have a problem with what you said. Thcy arc issues and problems and can be addressed. Ms. Jones stated the County is doing a pretty good job and it is a matter of fine tuning. For another $2.00 per head, you arc talking about an enormous amount of money and I don't think anyone would object to fine tuning this beautiful piece of property. Mrs. McCarthy stated that she is surprised. I thought I was the toughest critic Mr. Ward had. I bike and walk that berm at least six days a week and I do not see that it is dirty. Occasionally, I sec something and when I do I stop my bike pick it up, put it in my basket and take it back to the dumpster. I do not see it being dim at all. Mrs. Jones stated that she did not say it was dirt. I am amazed by what people don't sec. Look at it like it was your back yard. Mrs. McCarthy replied that it is her backyard. 2854 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 J. Mrs. Jones stated that another thing is the vines. The ones that arc cast' to reach have been cut. In some areas a small boom truck cut easily fit and if nothing else cut the vine at the ground to kill it. It is going to cost a lot more money to replace the trees that it kills than it is to remove the vine. Mrs. McCarthy agreed and stated that was a very good point. Dr. Varlcy stated that the exotic removal has been vcry gross surges. and the assumption is that vcry quickly the stumps will be covered. Mr. Ward replied the stumps are Iefl there because they have to be treated with toxic stuff. They have to be Icft there to kill off the peppers and they are left at a height of generally fourteen inches. There is no question that we do not go in there and clean out those areas for vcry specific reasons. You saw during the last few months the reason why. We spent 530,000 cleaning out that area in Sys(cros I and 11. We actually spent about 542,000 because of the additional plantings we did behind the Hcron and still have not made people happy. That is a lot of money and to get to the kind of maintenance levels that Ms. Jones is talking about, you can get there. There question becomes defining it, putting a number to it and deciding %%-hcthcr or not you want to do it. Those arc big dollars to do Systcros I -IV to a higher Icvel of service than what «•c have been doing. Mrs. McCarthy asked when the second half of the exotic removal was going to be done? Mr. Ward stated that he has been rather skittish about it because that area behind St. Lucia is going to be a nuclear waste dump when we get finished with it. It is going to look just like the Hcron is if we take it all out. Mrs. McCarthy suggested that %vhcre the developers arc presently putting up high rises, those areas will be coniplctcly denuded and I think let's denude them and let the developer sec what their people arc going to look at and the)' can do the plantings. Mr. Ward replied that is exactly what is going on. All of the new buildings going in, along the back side of the berms towards the berm, both developers have worked vcry closely with us in coming up with replanting programs. Behind the Coronado and Marbella actually required Corps. permitting because it is a Corps jurisdictional area. The program was not to put an}lhing in it's place. What we arc 2855 PELICAN BAY ADVISORY COMMITTEE March 4, 1998 I6rI looking at right now is if we go in there and do it like the Heron, what is it going to cost to conic back and replant it. I know we arc going to have to do that if we go in there and remove all of the exotics like the Heron. When I give you a package this time, I want to give you a full package with the cost numbers, but we just haven't gotten to that point yet. Mr. Young stated that a lot of the paper cups and things on the west side of the berm arc brought in by the tide. It is not our people just being dirty. ADJOURNMENT There being no further business, the meeting adjourned at 5:10 P.M. Dr. Alan Varlcy, Chairman 2856 16GI A -4 Naplcs, Florida March 17, 1998 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Special Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varlcy, Chairman Mr. George Werner, Vice Chairman Mr. Thomas Brown (absent) Mr. James Carroll Mr. Frederick Flatto (absent) Mr. Edward Griffith Mr. Glen Harrell (absent) Mr. Herbert Hasson Mr, John Hoyt Mrs. Cornelia Kricgh Mrs. Maureen McCarthy Mrs. Cora Oblcy Mr. Anthony Pires Mr. David Rocllig Mr. Bcrnon Young ALSO PRESENT: Mr. James P. Ward, Division Administrator-, Mr. Kyle Lukasz, Division Field Manager and Mrs. Barbara Smith, Recording Secretary and two residents of Pelican Bay. AGENDA: 1. Roll Call 2. Discussion of Fiscal Year 1999 Budget Plan 3. Adjourn ROLL CALL: Dr. Varlcy called the meeting to order and asked that the Record show Messrs. Tom Brown, Fred Flatto and Glen Harrell with excused absences. DISCUSSION OF FISCAL YEAR 1999 BUDGET PLAN Dr. Varlcy explained that this meeting is basically a Budget Workshop to begin the budget process. Mr. Ward needs to know what to add to the budget and I would like to know what we could subtract from it. We need to provide Mr. Ward some guidelines in order that he can put the budget together. This is not the final budget and we are not going to be approving the budget today. Mr. Ward explained that what we would do this year and is somewhat different than we had done last year, is to go back and look at all of the services that we have here in Pelican Bay which arc bring provided by the Pelican Bay Sen•ices Division. I %gill go through with you how those services arc currently funded and the existing levels of sen•ices for all aspects of the community and try to define for you which of those sen'ices we consider mandatory, essential or discretionary. This will give you some ability to discuss in a logical manner whether or not you want to keep those services which arc -2857- PELICAN BAY ADVISORY COMMITTEE March 17, 1998 considered discretionary or eliminate them totally, or change the level of sen•ices for those which you consider discretionary. Once we make those levels of decisions, I can go back and prepare your Fiscal Year 1999 Budget and bring it back to you in accordance with the discussions you have today. If you decide to have any additional meetings relative to this, we can also incorporate those comments into that budget. Mr. Ward explained that we operate on a Fiscal Year basis, as all governments do in the State of Florida, and that Fiscal Year runs from October I through September 30 of the ensuing year. We arc required by Statute to prepare this budget to submit it to the Board of County Commissioners in the early part of the Summer. It goes through an internal review process and that culminates in a Public Nearing held by the Board of County Commissioners here in Pelican Bay, generally during August or September, such that the Board has levied an assessment or established the Ad Valorem Tax mileage rates that by October 1, your budget has been adopted, your assessment rates or millage rates have been adopted and that they then will appear on the tax bills that residents receive from the Tax Collector, right about the first week of November. We start this process in March or April with the identification of these kinds of services. Mr. Ward continued by explaining how the services can be characterized so more logical decisions can be made as to whether or not you want to continue «ith these services or level of sen•iccs. Mr. Ward then explained the mandatory, essential services and the discretionan levels of services for each portion of the Pelican Bay General Fund Budget. Mr. Ward also explained the Capital Project Funds Budget through Fiscal Year 2002, Mrs. McCarthy asked «hat uas meant by the anal%sis of landscaping'' Mr. Ward replied that as a part of the Clam Bay Restoration Program, one of the commitments that we had made was to put water on this community at the right time, at the right place and in the right amounts. We know in Pelican Bay that the irrigation system, is a system that has been installed over a period of fourteen to fifteen years, by the primary developer. It is essentially an old manual system, not particularly efrcient in the use of the water and many of the residents and Committee members through 2858 PELICAN BAY ADVISORY COMMITTEE 16 f March 17, 1998 time have asked that we upgrade that program to a system more technologically' helpful to everyone and to conserve water. When you look at it in terms of the Restoration Program, reducing the amount of water and renovating our irrigation system, one of the things you need to look at is the plant palette that you arc utilizing for your system. That has a significant effect on the amount of water that we arc utilizing. To do that, it has to be done in one study, otherwise you have a potential of spending significant capital dollars on improvements to an irrigation system without really getting the benefits of eater reduction. Mr. Young stated that in the past we have had the problem that N c have had to get rid of reclaimed water. In this planning and analysis arc we going to be able to assume that we will never have this problem again of having to get rid of surplus reclaimed water? It sure makes a big difference in the whole philosophy. Mr. Ward explained that the County has had a change of philosophy in their reuse system in the last twelve months. There was a significant philosophical aisle which they %%-ere walking down, which said that is a resource they wanted to utilize and they were out there trying to promote wastcwater reuse throughout the entire County. In my experience in other parts of the County that I am .vorking in, that philosophy has changed somewhat. The amount of reuse , %-ater they have available to them has probably not materialized to the extent that they thought they wcre going to have it available and they have been relying on providing water through their well fields more than through wastcwatcr effluent reuse programs. We have a dual system in this community and I know they have a commitment to supply us with wastewater reuse cMuent. They don't appear to have the ability county -wide to supply as much wastewater reuse water in this community and throughout the County as they once did and I have not seen them asking communities to dump water because they needed to dump it, at least in the last twch•c months. I can't tell you N%,hether that is going to be a given or not. It does seem to change at the Utilities Department. Dr. Varlcy asked if the reuse water stays within Pelican Bay or does the County ship it somc%vhcre else? 2859 PELICAN BAY ADVISORY COMMITTEE' �? 1 March 17, 1998 Mr. Ward replied that they have a number of reuse clients. There arc a number of developments in the south part of the County that have agreements to take the c(l'lucnt from that plant, At the north end of the County they have the same thing. Although there is no agreement with Pclican Bay, it is essentially the same system. We take it, some of the commercial interests just north of us, and Pclican Marsh has a reuse program in place. It is all supplemented by well water, to the extent that those communities need it and the County has been doing more complimenting of that system with raw water than they have in years past. Mr. Werncr asked if the question had been answered? Dr. Varley replied that he assumes the answer is that it is shipped out of Pclican Bay. Mr. Lukasz staled that the water is kept here and is supplcmcnicd by the north plant. The effluent from this plant alone is not able to keep up with the demand. Mr. Ward stated that this plant has been out of operation for a long time and has just been put back in operation and we have been told that will be a temporary condition, 1 don't know when it will be shut down again. Mr. Pires stated wve arc showing deferring the street signs to 2001 -2002, but later on it talks about (tic level of service and varied still, arc we doing it bi- annually now or what'? Mr. Ward replied that we arc trying to keep up with our existing program for a f6v more years until we have the funding mechanism in place to replace them. Mr. Pires asked if the signs were in such shape that it was not detrimental to defer them until 2001-2002? Mr. Ward replied no, just more labor intensive and a little more costly short term to keep than maintained at this point in time. Mr. Werner asked if whcn wvc arc talking Fiscal Year 1999 -2000, arc your talking about two tw•ch-c month periods? Mr. Ward replied in the affirmative. Mrs. McCarthy stated that she did not sec the berm on the list of areas of responsibility. 2860 PELICAN BAY ADVISORY COMMITTEE '-�' (7 n4 March 17, 1998 Mr. Ward replied that the berm for community appearance purposes, has no Icvcl of maintenance associated with it. Mrs. McCarthy stated she questions to necessity to lower the cut height and the necessity to have more men and equipment out there mowing more often than we do. One of the things I hear from people is that the men arc constantly working and creating noise. The noise issue on Pelican Bay Boulevard is extraordinary at times. I know it is necessary, but I personally wonder why we have to do more than we arc already doing. I think there arc a lot of things we need to do a better job on, but I do not see the point in more frequent mowing. This is going to add a lot of increased costs. Mr. Werner stated that would increase from 32 mowings to about 45 mo«ings, which is a 40% increase. Mr. Hasson asked why we would want to go to more moorings? Mr. Ward replied that when he puts budgets together they arc a culmination of what transpires at this level and what we hear on a day to day basis from the community. I don't have a problem keeping it at the existing Icvcl of service. I am giving you an option of things that we have heard within the community. I have found that increasing the mowing times to roughly 45 times per year, versus where we arc now, is more the norm that not the norm these days in most communities that arc similar to Pelican Bay. I wanted to give you the options to take a look at this definition and the costs associated with it and make that decision. Mrs. McCarthy stated that she would just question the expenditure and does not feel that it is necessary. Mr. Griffith asked the increase that would come with the extra tcn moorings? Mr. Ward replied that it equates to an additional mooring crcw for the existing levels of sen-ice. but I do not have the exact number in terms of total dollar value. Mrs. McCarthy stated that another thing is that every time a crcw is out there working you have the potential of tying up Pelican Bay Boulevard. They place the cones out in the street and take up a lane 2861 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 of traffic. They seem to be out there all the time, although I know that is not true, but the thought of having them 40% more often and 40% more of having a lane tied up is a hazard. Mr. Carroll asked the significance of having a different level than those communities mentioned. Mr. Ward replied primarily, you have not changed your level of service in three or four %cars and most of the communities I am familiar with arc doing it more often. Mr. Carroll asked if Pelican Bay may not look a good as Pelican Marsh? Mr. Ward replied that it is just a different level of service, not look as good, because I think this community looks very good. It is just a different level of service and is a question that comes up periodically. This is the reason, we have defined our level of ser ice in this way and if you want to change it, you can go through and change it and increase it. Some of it is an aesthetic decision and some of it is a financial decision. Mr. Ward explained that with regard to the Annual Program. that is something you might want to seriously take a look at. In this community that is one of the problems I constantly have, because we arc not staffed to maintain the amount of annuals we have here, at the correct level. You can sec that every time we change things out in terms of what happens and how the quality goes up and down. It is a little too much of a roller coaster and this might be something that you should take a look at. Mr. Ward explained that one of the big comments tse constantly get is the routine maintcnancc of our irrigation system. We currently maintain that sysicnt on a six to eight ucck basis. We have over 10,000 irrigation heads on this system and it takes six to eight weeks for one person to get through this system to maintain it on a day to day basis. With the expanded level of service. you could reduce the amount of time between maintenance performance standards for the system to ever• two to three weeks. muddy. Mr. Hasson asked why the lakes could not be cleared up a little more? They always appear Mr. Ward replied that is generally a turbidity problem and is something you cannot really solve. You can solve algae problems, duckweed and those kinds of problems. Some of the turbidity problems you can clear up with some additional aquatic infusia in the lake systems. Your system was not designed 2962 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 to handle a lot of aquatic materials, so we have to be careful as to where they arc put and how they are put in the sN,stcm. Mr. Pires asked what stirs up the turbidity? Mr. Ward replied that when it is raining and water is coming onto this community you have a lot of flow going through these lakes and it tends to stir up the bottom more than normal, That is normal for the State unless you start to throw die packs into the lakes to make them blue. Mr. Pires stated that some locations use alum. Mrs. McCarthy asked why we would be doing lake plantings on the golf course? Mr. Ward replied that the lakes within this community, with the exception of a few which were constructed for aesthetic reasons by the developer, arc part of this Division's water management system. including all of the lakes on the club. Mrs. McCarthy asked if Pelican Bay residents �vere paying to maintain the club's lakes? Mr. Ward replied those are not the club's lakes. Those lakes wcre constructed by the prior Pelican Bay Improvement District and arc part of the water management system. The entire comnnmity benefits from that water management system. They just happen to be located on the golf course. Mrs. Oblcy asked where the three fountains that we maintain arc located? Mr. Ward replied one is on Gulf Park Drive, one is at Crayton Road and the other Glcnco%-c. They are fountains that have been placed at a dead end or where we have had a specific problem with certain kinds of aquatics in the system. Those three locations have been problems throughout the .ears and these fountains havc seemed to have helped. Dr. Varlcy asked if those lakes ever have to be dredged out'.' Mr. W',trd replied that he has been in the business twenty years and has never come across having to do this. The material decays over time and the bottom of the system gets build up in it and once in a while if that build up gets too much, you will get a "pop up" which means the bottom will pop itself to the top of the lake. Not the entire lake, just a spot will pop up and you go in and dig up that spot. but I have nc%-cr seen a project that has gone in and re- dredged it's entire system. 2863 10 44 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 _ Mrs. Oblcy stated that Coral Springs had to do it. Mr. Ward replied that was a cattail problem and yes it had to be done. When you havcn*t maintained the system over a period of years, that will happen. Mr. Ward continued that this is the department that eve maintain the back berm in. You will notice that there is no level of sen•ice identification for that berm. That is because we do not do any maintenance work on that back berm in those spreader sales, other than some minor aquatic spraying. We do not go in there with any hand materials and clean that out to any great extent and never have. Dr. Varlcy asked if there was a map of where all of our lights arc? At the last meeting the issue came up about these sidewalk lights along Pelican Bay Boulevard. I had never really seen them before. but they arc really a kind of dumb thing. Mr. Ward replied that there is a map of the big lights and single family lights. The uplighting and small lights around Oakmont Lake arc not shown on any plans. When %%c took them over they were there and were a part of our maintenance responsibility and we do not have a plan that shows those lights. Mr. Ward explained that in the Street Sign Program we changed the level of service to meet -what I feel you %Nil] need to be able to maintain these signs until we can have sufficient funds necessary to do the replacement programs identified in your Capital clement. That would increase the painting of these signs from a bi- annual basis to an annual basis. The entrance and associated items will change from an annual basis to every six months and obviously to continue with the installation of new and replacement signs as the other ones fall down, rot out or whatever may happen to them. Mrs. McCarthy asked when you talk about the new signage down the road, is it possible thcN arc going to be different kinds of signs? When you say when one rots out and %%c replace one, if wc do that regularly does it make sense to maintain at this level and then replace? Arc we spending money twice? Mr. Ward replied that «c are spending more than what we would normally do during last year, knowing that we would be getting into this program during this Fiscal Year. The problem is that some of these signs are in extraordinarily bad shape. 286.1 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 Mrs. McCarthy agreed, but said does it make sense to go and make them look a %Oole lot better now and then replace them in a year or two down the road or should Nvc replace them sooner? Mr. Ward replied that he is just trying to keep them to a level that we can keep them up. Mrs. McCarthy stated that if they are that bad and %vc have to spend so much money to keep them up, does it make sense to replace them sooner? Mrs. Oblcy stated that a lot of them arc directional sighs. Mr. Ward replied that there are all kinds of signs directional, street names, stops, yields, etc. Thcrc arc 240 of them and 17 entrance signs throughout this community. They arc all wood and were constructed bw;ccn 1980 and 1990. If you want to try and leavc it at the existing icvcl of service, we can try to do that. You just have to recognize that they arc going to look %-cry bad. Mrs. McCarthy asked if it makes sense to start the replacement program? Mr. Ward replied that you don't have the money to start the program. Dr. Farley explained that the Capital Program has been prioritized and has been adjusted sc%-cral times. At this moment there arc things that this group thought was of higher priority than the street signs. Until that priority comes up we do not have the money to do it. Mr. Young asked if any menu sign that needs repair is paid for by the developer or if it is not repaired do we take than down? We arc not spending any money on those menu boards arc ti%c? Mr. Ward replied that we do not do those signs, the individual dc%-cloper does. If he fails to maintain the signs, we take them down. Mr. Werner stated that he thought we were talking bout $125,000 for sprinkler repair. Mr. Ward replied $250,000 for the irrigation system. Mr. Ward stated that the street signs were originally budgct.-d at 5150,000 and the irrigation upgrade «vere budgeted at S150.000, 5150.000 for the US 41 berm, and S445,000 for the entrance markers, and that equaled to approximately an $80.00 Capital Assessment for fire years. Mr. Ward explained that Project Recommendations have four programs recommended. One is to rcmo%-c some of the smaller Australian Pines, just north of Clam Pass. 2865 PELICAN BAY ADVISORY COMMITTEE _. March 17, 1998 Mrs. McCarthy stated that she never heard the word smaller when we talked the other day. My understanding is that it is all of them. The County has mandated that they have to come out. Mr. Ward stated that he understands that, except the ones that arc forty feet high. That is the ones we had not talked about. Mrs. McCarthy stated that there were five forty feet high ones, then there ,,%crc a %%hole stew that wcrc not fort}' foot high ones. My understanding was that cvcnthing just north of Clam Pass must cumc out by County mandate, because a permit was pulled by the Foundation which required thorn to clear their property of cxot,cs. The ones I was talking about arc the five additional forty foot ones. Dr. Varlcy asked if any of the water samples wcrc analyzed? Mr. Ward replied that we look at the sampling and the regulators analyze it thcnrsclycs as to whether it meets any criteria that they have established or they like it or dislike it. It was analyzed to some extent by the County whcn they initially started the NRPA Program and you saw some trend data that was provided. That was essentially our data that they just put on record for you. I thought it might be a good idea for you especially in the context of Clam Bay and knowing all of the water quality material data that we have had and especially since we have had the comments from regulators about our haying bad water quality. I think this would be something uscful to you. something that you could understand. and in the contest of our overall reporting to FDEP and the Corps. this would be useful. Mrs. Oblcy asked if this was what the Conservancy offered to do for us? Mr. Ward replied no, they offered at one point, and not free by the way, to do sampling for that data and not analyzing it. Dr. Varlcy stated that we have been collecting water out there for fifteen years and periodicall% somebody looks at the pile and that is about all that ever happens to it. It sits there and cvcnbody tell us how terrible the water is and we have data that would tell us the answer. but nobody looks at it. Mr. Roeilig stated that whenever you have a program to collect data it should be analyzed. Hopefully some day you can cut down on your data collection and save the money. 2866 PELICAN BAY ADVISORY COMMITTEE' •) (� March 17, 1998 Mr. Ward replied that is what was done last year. We were able to reduce the number of sampling points in the developed portion of this community because of all the data we had on Ntater quality. It was helpful. Dr. Varlcy asked if this would be an annual expense? Mr. Ward replied that it would be an annual expense, but the reports would be prepared on a quarterly basis. Mr. Werner asked if Mr. Ward had any firm numbers from the Sheriffs Department for the budget or did you just increase it by 5 %? Mr. Ward replied that he has nothing firm from them, but they did not increase it by 5% last year. It is a little early in their process to get these numbers. Dr. Varlcy asked if reducing the patrols to two shifts a day could be an option? Mr. Ward replied that is an option. Mrs. McCarthy stated that we do not have 24 hour a day coverage. Onc of the things wc should be looking at, is that we have had cause to call the police about something unattractive taking place at night outside. We %yaitcd m-cnty three minutes for a response. When I called the next day to find out why it took so long, I was told that they were needed in East Naples so they had been pulled. Another friend was just robbed in Gcorgctown and there was a twenty two minute response there. Her husband %%as quite upset and when he inquired he again was told that the officer had been pulled out of Pelican Bay. Mrs. Portcr checks apartments NO= alarms go off and she has been noting longer and longer delays at night. Her reason has also been given as they have been pulled out. I have done a lot of research on this and we do not have a full time officer. We just need to know that and then eye decide if we arc %yilling to spend that kind of money. Mr. Ward replied that is something you have always known. The Sheriffs obligations arc to protect all of Collier County and there is no Sheriff in this State that will not pull a deputy whcn he has a crime occurring in the patrol area for that district. 2867 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 'i() GIIII Mrs. McCarthy stated that she has also checked and found that it does not have to be an emergency. There was no great emergency where we were calling people in from other counties. It was a police action. My only issue is that we need to decide what we get, more than any other community gets for this 5339,000. 1 am not sure what the answer is, Mr. Werner replied that the answer is false alarms. We are paying that money for them to be answering false alarms. Mrs. McCarthy asked if they wouldn't answer false alarms if we didn't pay them 5339,000? if I lived in another part of the County, they would be answering my alarms for nothing. Mr. Roellig stated that he thought an officer told us that there were times when other districts go short to provide us with a deputy. I guess w•c should look into this to sec how often wc arc missing a deputy. My impression was that there wcrc times they brought a deputy in from other districts to cover us. Mrs. McCarthy stated that in her opinion it is happening often. This has been one of my personal bugaboos for a while, so I have asked people in various parts of the community about response times. The response time is surprisingly long. Mr. Hasson stated that he questions whether wc arc getting the valuc received. We spend a lot of money and get a lot of complaints. As far as the traffic is concerned you sec them occasionally on Pelican Bay Boulevard stopping a car, I do not sec them. Dr. Varlcy stated that the value received is subjective. People feel better and it is awfully hard to answer that and deal with it. Mr. Werner asked what the costs were for the Foundation to provide private security? Mr. Young stated that it was about one half the amount, but you have to remember you only had half of Pelican Bay back then too. I assume if you tried to privatize it again with twenty four Dour sun•cillancc the costs would be about the same. If wve arc not getting twenty four hour covcragc we have the right to know from a log, which times we did not have an officer in Pelican Bay. We insist upon it, we want to know. They arc computerized and they can tell us exactly when we do not have our person in Pelican Bay and we have a right to know it. 2868 PELICAN BAY ADVISORY COMMITTEE March 17, 1999 trend is. 1 4; (.,1 -, ,r Mr. Pires stated that we should have that information for the past three years to sec what the Dr. Varlcy stated that it appears we get mixed up on grids. Mr. Young stated that the deal was that there was to be a man in Pelican Bay twenty -four hours a day. The grids arc county -wide. The services we would be getting had Nwe not had somebody in Pelican Bay, twenty four hours. The Sheriff does have the right to remove that person in an emergenc),, but in an emergency only. We have the right to know any of the times that there is not a person in Pelican Bay. Mrs. McCarthy stated that one time when she called, she was told that they were short in another district and frankly, I do not think that is appropriate. Mr. Young stated that I cannot believe that is an answer. Mrs. McCarthy stated that they should be reporting to this body on a quarterly basis. Dr. Varlcy replied they do, but w•e do not find it very helpful. Dr. Varlcy asked what we have to do now that our three year period is up. Do we have to make a decision as to whether we .want to make this permanent or not? Mr. Ward replied that you do not have to make the decision to make it permanent. You just need to make the decision if you want to move forward and if so the level of service. You have a right to have those ofliccrs here on a twenty four hour a day basis and if there is an emergency they arc going to leave the community and that is a fact. It is a subjective issue that is going to run you 5300.000 per year. «ficthcr you go through the Shcrifrs Office or privatization. Mr. Carroll asked if the Shcrifrs office responded to Mr. Ward? Mr. Ward replied that they do. They provide you reporting on a monthly basis which is provided to you in terms of what their activity levels arc. I have more than one of these departments I do and wou will find for them to tell a public body where all of their officers wcrc at every day of the week is not going to happen. They can try, to identify some of the areas of concern that you may have and address those areas globally'. There will always be an answer to the Mrs. McCarthy problem of a long response time. In 2869 16GI "K PELICAN BAY ADVISORY COMMITTEE March 17, 1999 all my years of doing this, I have always seen them provide a reasonable explanation as to %%hy that particular call took twenty one or two minutes. Dr. Varlcy stated that there is just a sort of unease among this group about whether we arc getting our moneys worth and is this something that the cost benefit ratio is beneficial. The question is how do we go about finding out if we arc going to do anything? Would it be worth having than visit us again? Mr. Ward replied either the Shcriff or one of his Captains or Lieutenants to give you the benefits. They will look at it. They look at crime statistics and clearance rates. If you look at the statistics of this community for the past three years, there is not a significant change in the clearance rate or crime statistics. Does that mean that they have been here and done such a good job we won't have more crimes? I don't think so. Dr. Varlcy stated that before we started, the Sheriff told us that he knc%% of no district in the Country that had a lo«er crime rate than Pelican Bay and he did not think %%c were going to chin ;c it much. We arc at the top end of the cun-c. Mr. Ward stated that it is subjective. Do you feel better because you have the program in place and is it worth the $50.00 per Equivalent Residential Unit? Dr. Varlcy stated that we need to find out if we arc paying this and they are somewhere else. Mrs. McCarthy stated that during this budget process what this Committee should think about is not to get rid of the Sheriff, but about a private security force. One of the things a private force used to do that the Sheriff is not doing now is starting to affect sonic people. In the past six months I have came across two elderly people whose car had broken doN%n on Pelican Bay Boulevard. In both cases I got on m% phone and called ttte police and in neither case did they come within one half hour. Obviously it was not an emergency. I drove one elderly man home, because the police just didn't show. Willi a private security firm, the guard would have been there in five minutes. They also handled problems on the berm and boardwalk or if you had a problem with a noisy neighbor, they would politely go and ask them to one it down. You call the Sheriff now and they will tell you they %sill get to it and they tell you they are too 2870 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 busy. I am not saying they should be doing that, but this is a community «•here most of our crime is fairly trivial. A private security force at this time is a little more appropriate and responsive to our particular needs. We still get Sheriff coverage because we arc taxpayers in Collier County. Mr. Ward explained that when you look at paying 512.00 to 515.00 per hour for private security to ride around and take in the groceries and check on the neighbors, that is a different level of service than talking about having an armed police department here in this community. Mrs. Obley stated that the local guard has no authority to do an%-thing and if anyone didn't i%ant to listen to them it was too bad. Perhaps we ask the Sheriff's Department for an accounting of the hours that they arc hcrc, because too many people have said they are not here. Dr. Varley asked Mr. Ward if he knew the concerns wcll enough to sit down with them and ask them to come here and provide us with this information. We need to know how much time our deputies spend in Pelican Bay. Mr. FIo %t stated that if our deputy is off site, then an officer in our grid is supposed to respond. I do not think that we should expect them to do good%vill stuff. Mr. Griffith asked if any of this was written down.? Mr. Ward replied that when you contract with the Sheriff's Depannicnt or police department whichever the case the may be, you define the level of service in terms of the number of people that }ou want there to do whatever it is you want them to do. You define how you want them there in cars. horseback, motorcN-cles, etc. Those arc definitions of levels of service that I am used to. You evaluate that level of service at the end of the day based on crime statistics, clearance rates and what it is they arc really trying to do for you. If you want to go to the type of security force to deal with kids on balconies and guys broken down on Pelican Bay Boulevard, the Sheriff's Department is no what you want. It is not what Shcrifrs departments do. We need to get an answer to the question of how often they arc not on site. Mr. Griffith stated that there has been a change in personnel and there could be a loss in what they think is a commitment here. Maybc we arc not communicating the sense of urgency that we think this is and maybe we should have them attend our monthly meetings and give us their presentation. 2871 PELICAN BAY ADVISORY COl"ANIM EE March 17, 1999 Dr. Varlcy stated that first we did that on a monthly basis and «c decided we did not want to hear all of this business on a monthly basis so we did it on a quarterly basis. The rcpon you get is from about six months ago and in a language you do not understand. It does not mean a whole lot. Dr. Varlcy asked Mr. Ward to contact the Sheriff's Department and tell them we arc faced with rene«ing or not renewing this program and we would like to sit down and get some major things workcd out. One of the problems is how much time arc the people spending in our area that wc arc paying for. Mr. Ward stated that he would do that for the Commiuce. Dr. Varlcy asked if in the expanded service we can do all of the things listed with one field supervisor and four maintenance workcrs? Mr. Ward replied in the affirmative. Dr. Varlcy asked if we knew the dollars associated i0th that? Mr. Ward replied that we do and is the difference in the two budgets. Mr. Werner asked to maintain the current level of service we want to add 3 new maintenance uorkcrs and if you expand you arc going to 4 additional for a total of 7, plus a supervisor? Mr. Ward agreed. Mrs. McCarthy asked if everything was going to remain the same why would you add three more people? Mr. Ward replied to try to meet the existing levels of service. We are short on people. Dr. Varlcy stated that you have two positions unfilled and t%%o temporaries. why not fill those rather than hire ncw? Mr. Ward replied that we fill them when they stay in an unfilled position. We fill them with day laborers. Thcrc is always someone there, it just might be a day laborer and that is just an attrition issue %c have to deal %,,ith. It is a filled position, it shows as open because we do not have a specific individual there. Mr. Ward explained that it is important for the ncw• members to understand that the number of Equivalent Residential Units (ERU) we have in this community decreases each year. It decreases based 2872 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 upon the fact that a parcel of land which is in an undeveloped phase is assigned the maximum number of units that you could possibly build on that parcel of land. As the developers come in they have been developing this project at less than the PUD density and as a result of that w•e have less units each year than we had in the prior year because the parcel was undeveloped, T1te number of units that we assess for decreases each vcar, which decreases the denominator and obviously your per unit cost will go up as a result of that change in the ERU's. Mr. Young stated that the easy way to think about it was that there was a projected population of 21,000 and we will end up with a population of 14,000. Westinghouse originally paid these units and as they sold the land the developer paid on the same basis as Westinghouse had. Then there was a lot of land permitted for residential units like this parcel we arc sitting on. This was originally permitted for another 200 -300 units, but this parcel was put into the park system and it decreased the overall unit count. Mr. Werner stated that most of the increase in the services is taken up by personnel. Mr. Werner asked if Mr. Ward's salary was under Other Contractual Services? Mr. Ward replied that was correct. Mr. Werner stated there was an 511,000 increase in Other Contractual Ser ices under Administrative Services. Mr. Ward replied that he is not proposing an increase in his salary, but there arc other things in Other Contractual Scr%ices but I do not know what they arc right now, Do not get honed in on the dollar numbers that are specifically in here for 1999, they arc not final numbers. We did an across the board increase of 4% for all the numbers with the exception of the changes of levels of service and then we cost them out specifically. It was intended to give you a flavor of what your assessment rates will be for next year with just an across the board increase and with the changes in levels of sen•ice specifically costed out. Once you decide whether or not you want to do this, I have to go back and do the detailed line item budget and put in what the actual numbers will be for you. Dr. Varlcy stated that with the amount that you .'trc proposing to expand to upgrade the community with more frequent mowings, height, etc., it appears to me there arc things in here in anticipation of xeriscaping and what we arc going to end up because of the 2873 P PELICAN BAY ADVISORY COMMITTEE rl I? M March 17, 1998 permits. It scents to me there are a few people put in here for water management purposes and then a f6v people added for these extra things we arc going to have. Arc there any other major issues? Mr. Ward agreed and stated the only other issues are the project recommendation sheets and the four items on there. Dr. Varlcy asked the mood to relay to Mr. Ward with regard to the upgrading of the mowing, grass height, ctc.? Mr. Werner stated that since 1988 we have almost doubled the ERU and my personal feeling is that it is time to take a breather. Dr. Varlcy asked if he meant in the assessment? Mr. Werner replied in the affirmative, that is the way we get to it, by decreasing or maintaining the same levels of service. Dr. Varlcy asked if there were complaints about the appearance of the neighborhood? It seems to me I hear just the contrary. Mr. Ward replied that there arc not a lot of complaints. What we arc seeing is, as the community grows what we arc being requested to do on a day to day basis has gotten to the point that I no longer. with existing staring levels, can continue to say yes. We arc just not capable of doing that any longer and with Clam Bay coming on line and all the work that we arc going to be doing this year on that project. I think the one thing you need to focus in on is understanding exactly «-hat that definition is. We arc at a breaking point intcrnally in terms of people, as to what we are capable of doing with the growth that has occurred in this community,. I am not hearing a great outcry that the place looks terrible, but I think what people ask us to do every single day has changed and is continuing to change. We always say yes. I have a hard time saying no. At the end of the day we try to come together with whoever the resident may, be to some compromised solution to the problem. That is now at a critical level intcrnally with us with the number of personnel we have. Mrs. Obley stated that she can sec where we need the three additional people, but I also think we can fine tune. Some of the items arc maybe a little more than w•e need. I would continue with the turf the 2874 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 way it is. On the annuals, I still think twice a year like everybody in a home would do is what she would aim for. I would go to the two rather than three plantings. I like the idea of Hawthorne and some of the other permanent plants that don't require as much care. With regard to cutting back the shrubs annually, people have not complained about it and I think it would be nice to have them trimmed twice a year, but 1 would leave that out. I would like to keep the amount the same as we have had. The trees arc fine, but unfortunately when we have a storm we do need more cleaning up. The pine straw I think could go to twice a year. Maybe an area like the playground around The Commons should be done more often, but overall twice a ycar for the planting on the streets would be fine. Mr, W;trd replied that he feels you will find that does not work. Mr. Young asked if there arc three additional employees could we get ahead of ourselves? Mr. W;trd replied that he feels that we could. Mr. Young stated that would actually be upgrading. Mr. Ward replied that the definition to the current service level was to try an maintain our existing service Icvcl with some modifications to tweak it a little. Dr. Varley asked if there was anybody who would plead strongly for the upgraded, expanded levels of service? Mr. Ho%t asked how long ago we brought the landscaping in house? Mr. Ward replied six years. Mr. Hoyt stated that since we arc at the breaking point, is this the time we should look at contracting it out again? Mr. Young stated that he does not want to waste his time looking at it. Mrs. McCarthy stated that these fellows are doing a super job right now. Dr. Varley stated that we are selling the current service level with three additional people and asked Mr. Ward to work the budget up from that point of view. Mrs. McCarthy stated that she took a walk through the berm with Mrs. Jones after the last meeting and I am coming back to tell you I was wrong. I was thinking she meant a lot of paper and trash. 2875 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 1� I There had been, but that was Foundation based and came from the restaurants and has been addressed. The berm has ncvcr been addressed in the way of maintenance. We have a lot of problems and it is very unattractive and I do not believe this is a major issue. In my opinion it is yard work. I assume it could be done in a couple of days because it has never been done before and then maybe quarterly have somebody, monitor it. The swales on either side of the berm arc filled with debris of old cuttings, old tree stumps and it really does look awful and is a really relatively small contained area. It goes approximately from the Grosvcnor to just north of St. Lucia. I don't believe we arc talking about a lot of money. Dr. Varlcy asked if this was 1cR from the exotic removal? Mr. Lukasz replied that some of it is. Mrs. !ones stated that it is mostly labor. Dr. Varlcy asked Mr. Ward what it would take to fix this? Mr. Ward replied money and people. I am a little gun shy because of «hat happened at the Heron this ),car. We budgeted $30,000 for exotic removal and spent numerous than hours to clean out the material which as not budgeted and then spent $11,000 for landscape material. I do not disagree with what has been indicated, we do not have a level of service on the benn at this time. The materials in there have accumulated through the years and eye do not maintain them. When you go in there, the more you go in and start to do something, the more you can do and the more you want to do. That is the pitfall of just going in and saying eye arc just going to clear this out. It doesn't get better, what's underneath of it. Mrs. McCarthy disagreed, saying that she and Mr. Lukasz u-ent through this area I was ycry aware of that situation. Mr. Lukasz asked how far you want you go back, and truly what Esc arc referring to is not extensive going beyond what you can sec. I know what you are talking about at the Hcron, that is not what this is. We arc talking about pulling down dead vines, taking debris out of the water, that is not going to create unattractive holes. Mr. Lukasz stated in the swale it would not be too bad, but as we started to walk down the bean in some of the areas of the peppers you start to sec the dead sticks. That is typical of what eye got into at the Hcron, only smaller patches. 2876 PELICAN BAY ADVISORY COMMITTEE March 17, 1999 1.6G1 -%,� Mrs. McCarthy stated that was not the focus. It was mainly the dead trees and so►ncbodv took a lot of palntcuo leaves and dumped them in the swalc. Mr. Ward stated that he does not have a problem doing it. My point in the budget process is that these arc the kinds of questions that happen every day. You get in and stars this work and it takes you significant man hours to get it to the point of making it somewhat reasonable. That berm is a mess out there and I am gun shy of it. If you want to address it or attack it, it really is not as simple as just fluffing it a little bit. The more you do, the more you see you need to do. We can start with what is being recommended to you and I don't have a problem doing That, but what I tend to scc is that we get more comments from more people who want more and more and more in terms of that service lc%,cl. That is fine, if that is what we want to pay for, but we need to understand that going into this process. Mr. Young stated that this is the whole problem. Originally this was a natural berm area and some of the de%•elopers then encroached and came on to our areas and landscaped. Once they landscaped one section, all the sudden now we think we have to landscape the entire berm. Do we landscape the W hole berm or tr., to let it go back to natural? Mrs. McCarthy stated that she is in no way advocating landscaping the berm. I am only asking to have debris rcino-cd from the swales. of them. Mr. Hasson stated that we should all take a look at it before we make a decision. Mrs. Obley suggested each condominium adopt a section of the berm to clean up. Mr. Young stated that his condo association has to pay to have the golf course cleaned up in front Dr. Varlcy asked if Mr. Ward could address this as he has done the others. This is the kind of services we arc going to provide for the berm. We will provide one person per week. or one person per day. 1 share your trepidation out there and I think that maybe «c just need to begin to bite away at it. Mr. Ward replied that he does not mind biting away at it. Dr. Varlcy stated that maybe we need to decide that the berm will have this amount of maintenance done and we will look at that and see what that does for a vicar. 2877 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 Mr. Werner asked if there was any exotic rcmoval planned for the 1999 budget? Mr. Ward replied that there was not. 1.6GIq,o Dr. Varlcy stated that he did not want to get too involved with what we arc going to do about xcriscaping until we sec what we are going to be required to do and until we get into some of these studies we arc supposed to do. I think we arc jumping the gun and we may just add to our problem if we get into it now. Mr. Ward replied that is fine. Dr. Varlcy stated that he wished Dr. Goodman was here to address the Australian Pine issue. Mrs. ,McCarthy stated this is a mandated issue by permit. Mr. Ward replied that in the original NRPA Program it was mandated for removal. The Foundation expanded the restaurants and their permit required the removal of exotic materials as part of the permit condition. The Foundation had asked if w•e would do that portion of the permit requirement for them. It is within the constraints of the footprint of the facilities that the Foundation owns. Dr. Varlcy asked if we get into the disposing of these great big trees? Mr. Young stated that we do if we cut them down, but they arc outside of the footprint. so why arc we even trying the wrestle that horse again? Mrs. McCarthy stated that there is a cost issue involved. Eycry Australian pine that you choose to leave, you arc going to have to have some sort of an annual program to then take down trees after that. Australian pines multiply faster than any exotic tree and grow at an average rate of 6 -8' per year. There arc five other Australian pines. I could care less about those five trees, but they should be taken down now because Mr. Lukasz is going to be out there in two years cutting down more trees. Mr. Lukasz stated that the ones that were done few months ago. so far have not come back. Mrs. McCarthy stated that if you have a live tree that has not been taken down, seedlings come up very rapidly. There is going to come a time when you arc not going to be allowed to have those in a mangrove environment. The County has said that they should all come down. 2878 PELICAN BAY ADVISORY COMMITTEE March 17, 1948 I.GZpq .4; Dr. Varlcy stated that he would seem to him that whatever the commitment with the Foundation was %%ith regard to their permit has to be done and is approximately S2,500. Mr. Ward stated that is going to be done this year. Mr. Werner stated that does not seem like a lot of money to take these trees down. Mr. Ward replied that is because we do it in- house. Mrs. McCarthy stated that it is the right thing to do environmentally for the sake of the mangroves. We are spending a lot of money on mangroves. It is short sided to leave these trees, they arc negatively impacting the mangroves. Dr. Varlcy asked if can we do these big trees? Mr. Ward replied that we can and there is a disposal problem and we havc to figure out how to get them off the beach. Dr. Varlcy asked can Svc do this for $2,500? Mr. Ward replied that it would be higher than that because they have to be carted off the beach. Mrs. McCarthy stated that the County is planning on having a county -wide bond fire. Dr. Varlcy asked why the County does not take them down? Mr. Ward stated that Nve can ask that question. Mrs. McCarthy replied that she sits on the EPTAB Board and has asked that question repeatedly. They tell me it is not a County issue, but a Pelican Bay issue. Mr. Young replied that it is County property. Mr. Ward states that as a part of the NRPA Ordinance, staff wrote that all Australian Pines were to be removed in the Clam Bay system. When Dr. Goodman sat on this Committee, Commissioncr Hancock was here and there was a big hullabaloo about that provision in the Ordinance. Commissioner Hancock was kind enough on behalf of the Committee to remove that particular provision from the NRPA Ordinance. Therefore, the county thinks it is a Pelican Bay issue. If you want Australian pines down, that is a decision you have to make. Dr. Varlcy asked Mr. Ward to get a cost for removing these trees. 2879 PELICAN BAY ADVISORY COMMITTEE 16 I' March 17, 1998 Mr. Lukasz stated that we arc doing all the ones between the Clam Bay and Clam Pass. There arc six real large ones. The small ones we were able to chip on site and there arc six large ones that we will have to log out. We will be able to chip some of the branches. Mrs. McCarthy stated that she and Mr. Lukasz arc on the same wave length. All the trees just north of the pass I am not trying to do anything with. The decision has been made that they must come down. 1 am talking about five pines just north of the south restaurant. The reason to take them down is that it will save you money long term. If you don't take them down you will need a maintenance budget to go in ever), three years to cut down numerous pines. It is a money issue. location, Mrs. Oblcy asked that we ask the County to remove them. Mr. Ward replied that you either burn them on site and I don't want to do that because of their Dr. Varlcy asked about a newsletter. I thought 510,000 was high. Is it something we should do. We were criticized for not communicating more with the community and w-e have tried to do a better job with that. The Communique did not work out very well. Mr. Hasson stated that he feels it is necessary. We need more communication. Mrs. McCarthy reported that she has done newsletters and S10.000 is not a lot of money for two newsletters, assuming that includes postage. It is a good opportunity to explain issues. Dr. Varlcy asked what about the water quality? Mr. Werner replied no. Mr. Rocllig stated that we should do some analysis to sex if we can reduce some of the frequency of taking the data. Dr. Varlcy stated that when the Conservancy tells us what a dirty bay we have, at least we would have some data to say that isn't true. I am in favor of it the same as Mr. Rocllig. I just hate to sec us collecting data we aren't going to use. Mr. Ward stated this is taking the data and putting it in a report format that you can all understand what it says. We spend a lot of money each year on water quality and it is in the format that 2880 PELICAN BAY ADVISORY COMMITTEE March 17, 1998 14,GI � you would understand and reported quarterly: Water quality has to be trended and anal}zcd over a long period of time. You cannot look at it on a threc month period and make a lot of sense of it. Mr. Carroll asked what are we looking for? Mr. Rocllig stated we are comparing what we have with what State standards arc. Mr. Ward stated we know internally what it is. The question becomes whether you want to sec it in a report form that is compared against some standard that you can understand. Mr. Ward stated that he thinks it is a good idea. A year ago I would have said no, but in terms of what you arc doing in the Clam Bay system, taking that water quality data and providing it to the regulatory agencies in a format that we have looked at and set it against some standard in the long term is important. Dr. Varlcy stated that we should do it for one year. Dr. Varlcy asked if lethal yellowing is something we should be worried about? Mr. Ward replied that is for coconut palms and we do not have to worry about it. ADJOURNMENT Them being no further business, the meeting adjourned at 5:25 P.M. Dr. Alan Varlcy. Chairman 2881 PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND FEBRUARY 28, 1998 F.Y. 1997 F.Y. 1998 Total Exp. Feb. 1998 L c ccs c& Charges S 390.499 i Budget i Budget Budget S �I 1.551 S 1.615.067 $ 2.068 To Date ACCOUNTS PAYABLE - FEBRUARY Balance Expenses EXPENDITURES 10.214 20,000 $ 30,214 S 1x.637 S 1 1.577 $ 140 Property Appraiser $ Environmental Consult. 13.400 1 $ 13,400 I 8.637 S 4.763 $ Rcvcnuc Reserve S - $ Akcrman. Scntcrfitt, ct. al. S 153.168 S 54.532 ! 207,700 $ 207.6x3 S 17 57.000 $ Lc'wis Environmental Scm. S 71.460 S 7,540 ' $ 79,000 S 78.732 S 268 S 1.250 Tackney & Associates - $ 54.184 S 32.316 $ - 86,500 S 75.326 S 11.174 S - Wilson. Miller. et_ al. $ 47.112 S _ S , , $ 3.821.36 $ 28, 15 S - Dr. Samuel Snedcker S 7,001 S 20,599 $ 27,600 S 9,997 S 17,603 S 678 Hilburn Hilstad $ 10.550 $ 38.550 ! $ 49,100 $ 10,550 S 19,550 $ - Others Others $ 18.524 S 121.294 i$ 139,818 S 22.518 S 117.300 S - -- - $ 361.999 $ 317,719 i $ 679 , 718 $ 465.991 $ 213.727 $ 1.928 Capital Outlay Impro-,- cmcnts General S 15.459 $ 1.361.400 $ 1,376,859 $ 15.459 S 1.361.400 S - Other tiiachincn &Equip. S 2,x27 $ - r $ 2.827 S 2.x27 S $ - Sub -Total $ 19.286 S 1.361.400 $ 1,379,686 S 19.286 $ 1.361.400 $ L c ccs c& Charges S 390.499 i $ 1.736.119 $ 2.126.618 S �I 1.551 S 1.615.067 $ 2.068 ACCOUNTS PAYABLE - FEBRUARY - - - -- - Tax Collector S 10.214 20,000 $ 30,214 S 1x.637 S 1 1.577 $ 140 Property Appraiser $ - I $ 13.400 1 $ 13,400 $ 8.637 S 4.763 $ Rcvcnuc Reserve S - $ 23.600 i $ 23,600 S - S 23.600 S Sub -Total S 10.214 S 57.000 $ 67,214 S 27.274 S 39.940 S 140 TOTAL APPROPRIATIONS S 390.499 i $ 1.736.119 $ 2.126.618 S �I 1.551 S 1.615.067 $ 2.068 ACCOUNTS PAYABLE - FEBRUARY - - - -- - SERVICES - DATE ! INV. NO. AMOUNT THRU Akerman. Scntcrfitt 01/15/98 i 2129747 S 2.030.72 12/31/97 Akcrman. Scntcrfitt 02/09/98 2167951 $ 5.666.58 01/31/99 Akerman. Scntcrfitt 03/09/98 2205740 S 4.492.45 02/28/98 Hilburn Hillestad 12/29/97 _12/2- 9-/9- 2/29/97 $ 29.700.00 12/31/97 Lays Engineering 02/06/98 4033199857 $ 960.00 01130/98 _ -- SignCra[l 03/05/98 24968 $ 396.00 02/17/98 Tackney & Associates 01/02/98 579 S 11.173.73 1)1/02/98 Wilson. Miller. Barton & Peck 02/16/98 9440 S 3.821.36 01/30/98 Wilson. Miller. Barton & Peck 03!17 /9R 10127 $ 1.044.50 02/28/98 - TOTAL INVOICES S i9.285.34 RECEIVED FEB 2 7 1 1., �� COLLIER COUNTY GOVERNMENT, of County fprrmissinnyrs PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597 -1749 FAX (9.11) 597 -4502 REVISED NOTICE OF PUBLIC MEETING A CERTIFIED BLUE CHIP CONINIUN * NOTICE IS HERBEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON March 4, 1998 at 3:00 P.M. AGENDA I. Roll Call 2. Introduction of new members to the Advisory Committee 3. Election of new Chairman and Vice Chairman for 1998 4. Approval of Minutes of the January 7 and January 26, 1998 Meeting 5. Update on the Clam Bay Restoration and Management Plan - T R Brown 6. Discussion of Inclusion of Bike Path Lanes on Pelican Bay Boulevard and Gulf Park Drive 7. Discussion on the Oakmont Lake and Ridgewood Drive lighting replacements 8. Discussion of Landscaping Improvements - U.S. 41 Median 9. Discussion on Year End Report 10. Audience Participation 11. Committee Requests 12. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Morris Hancock Constantine -__ Kac'Kte Berry Carrr;l cor- :r.5 10: 16 G I "t MEMORANDUM TO: Pelican Bay Advisory Committee FROM: James P. Ward DATE: February 25, 1998 SUBJECT: Status of Environmental Consultants Contracts Please take a minute to review the January 31, 1998 Clam Bay Restoration Fund Status of Expenditures for the environmental consultants. It is important to note that as of January 31, 1998 Ackerman, Senterfitt (Mr. Brown) has expended all funds that the Division has under contract with his firm. Accordingly, based upon the last correspondence from Mr. Brown, the permit seems to be in reach with the regulatory agencies and Mr. Brown continues to work towards a successful conclusion to this project, even with the complete expenditure of his budget. I have discussed this issue with Mr. Brown and although he is hilly aware that he is working at his own risk at this point in time, I would believe Mr. Brown will come back to the Committee if he is successful in obtaining the permit to request an increase in his authorization to cover his fees and costs up to the issuance of the permit. The good news in looking at the report is that we arc significantly under budget in both the Wilson, Miller and Dr. Sncdcker contracts and although additional invoicing will be forthcoming from these two consultants, 1 believe this phase of these two consulting contracts will be completed with at least S20,000 remaining in the contract. Next, you will note that Mr. Tackncy has invoiced the Division S11,173.73 for services through January 2, 1998 and which fully expends his existing budget. As you know, Mr. Tackncy spent significant time subsequent to January 2, 1998 working on the hydrographic modeling exercise of the Clam Bay system for FDEP. However, in my discussion with Mr. Tackncy, I do not believe that there will be invoicing to the Division for this additional time. A significant portion of his time was in trying to get the computer program operational and which should be rightfully charged to his in -house operations. Finally, you will note that Dr. Hillestad has approximately $38,000 remaining on his contract, exclusive of the outstanding payable of 529,700.00. I believe there will be some minor clean up work required of Dr. Hillestad in order to conclude the permitting with FDEP, however this consultant contract should come in slightly under budget. It is important for the Advisory Committee to be in a position to understand the financial impact of the Ackerman, Senterfitt contract and to recognize that although there is nothing that -.ve can do at this time. I am sure this issue will need to be concluded at your April or May Meeting. Additionally, I believe it is important to discuss this item at your upcoming Advisory Committee Meeting and would hope that you take the opportunity to do so as a part of Itcm 5 on your March 4, 1999 Agenda. PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND JANUARY 31. 1998 Other Fees & Charges Tax Collector $ F.Y. 1997 F.Y. 1998 $ Total S Exp. S 11.717 Jan. 1998 PropcM* Appraiser S Budget 13.400 Budget 13,400 Budget 8.637 To Date 4.763 Balance Expenses EXPENDITURES - S 23.600 S 23.600 S - S 23.600 S - Sub -Total S EnOronmental Consult. 57.000 $ 67,214 S 27.134 S 40.080 S 4.653 TOTAL APPROPRIATIONS I S 390.499 1 S Akcrman. Sentcrfitt. ct. al. S 153.168 S 54,532 S 207,700 S 207,683 S 17 S 6.000 Lewis Environmental Scrv. S 71,460 S 7,540 S 79,000 S 77,482 S 1.518 S - Tackne}' & Associates S 54,184 S 32,316 $ 86,500 S 75.326 S 11.174 S - Wilson. Miller, ct. al. S 47,112 $ 42,888 S 90,000 $ 61,185 S 28.815 $ 3.850 Dr. Samuel Snedcker $ 7,001 $ 20,599 S 27,600 S 9,319 S 18.281 $ - Hilburn Hilstad $ 10,550 $ 38,550 S 49,100 $ 10,550 S 38.550 S - Others $ 18.524 S 121.294 $ 139,818 S 22.518 S 117.300 S 1.400 Sub -Total S 361.999 S 317.719 S 679,718 S 464.063 S 215.655 $ 11.250 Capital Outlay Improvements General S 15.459 S 1,361,400 $1,376,859 S 15,459 S 1.361.400 S - Other Machincn• & Equip. S 2,827 S - S 2,827 S 2.827 S - S - Sub -Total $ 18.286 $ 1.361.400 $1,379,686 S 18.286 S 1.361.400 S - Other Fees & Charges Tax Collector $ 10.214 S 20.000 $ 30,214 S 18.497 S 11.717 S 4.653 PropcM* Appraiser S - $ 13.400 $ 13,400 S 8.637 $ 4.763 $ - Rcvcnuc Reserve S - S 23.600 S 23.600 S - S 23.600 S - Sub -Total S 10.214 $ 57.000 $ 67,214 S 27.134 S 40.080 S 4.653 TOTAL APPROPRIATIONS I S 390.499 1 S 1.736.119 1 S 2.126.618 S 509.483 1 S 1.617.135 1 S 15.903 ACCOUNTS PAYABLE - JANUARY SERVICES DATE INV. NO. AMOUNT THRU L,cwvis Environmental 01/06/98 98002 S 1.250.00 12/31/97 Akcrman_ Sentcrfitt 01/15/98 2129747 S 2.030.72 12131/97 Akcrman. Scntcrfitt 02/09/98 2167951 S 5.666.58 01/31/98 Hilburn Hillcstad 12/29/97 12/29/97 S 29.700.00 12/31/97 Samuel C. Snedakcr. PhD 01/29/98 01 -29 -98 S 678.00 01/29/98 Tackncy & Associates 01/02/98 579 S 1 1.173.73 01/02/98 TOTAL INVOICES S 50.499.03 16 GI MEMORANDUM TO: Pelican Bay Advisory Committee FROM: James P. Ward DATE: February 25, 1998 SUBJECT: Community Bike Path Public Hearing February 18, 1998 My purpose in writing is to summarize the Community Meeting held on Fcbniary 18, 1998 relative to the inclusion of a four foot (4') wide bike path along Pelican Bay Boulevard and Gulf Park Drive and a reduction in travel lanes to ten foot (10') widths. The format of the meeting included a brief presentation by Ms. Anita Jenkins with Wilson, Miller Barton and Peek who was formerly with Collier County responsible for both short range and long range planning for the inclusion of bike paths in Collier County. I have attached to this Memorandum the slides that Ms. Jenkins used in her presentation and have also asked Ms. Jenkins to be available at your next Meeting to review those comments with you. In addition, Sgt. Mike Dolan and Mr. David Bobanick were in attendance to answer any questions from any member of the Advisory Committee or the public who attended the meeting. The community attendance included about 50 residents and I have also attached to this Memorandum copies of the letters that we received in the office along, with a tabulation of those for and against inclusion of the bike paths in the traffic ways. Although you will note from this tabulation, many of the residents that wrote in arc in favor of inclusion of bike paths in the traffic ways, I believe the residents in attendance at the meeting reflected somewhere between 50 ° /o-70% of not being in favor of inclusion of bike paths into the traffic ways. In my opinion and I am sure that those members that attended will be able to provide you more detailed information. most of the opposition seems to revolve around the issue of safety of bikers in the roadways. In order to have the roadways restripped by the County Transportation Department, a specific recommendation will have to be made to the Board of County Commissioners should you desire to have these bike paths included in the traffic ways. BIKE PATH SURVEY LETTERS FOR Nancy Caldwell Robert & Heather Zavod Donald W. Pfeifer R. A. Latimer Dabid SheRel E. D. Olson Ellen Norbom Ellen Eggland William Budcr Janice and Philip Fisher Walter & Bcveraly Fuss Peg Vanourny Mr. & Mrs. Robert Fritz Charles Falsetti Sidney Katz Myrna Noble Jack and Carol dcCicco Roy Curbow Nancy and Gregory Gallo Dick Hamilton Dick and Linda Censets Shirley Porter Becky Moscott Joan & Peter Shipman James M. Close Leonard Bisanz James & Mary Brandetsas Lorraine & Robert Maquirc Lyn Scanlon Louise Ewing Kenneth Whipple 1.6611- , AGAINST Mr. & Mrs. 1. Thomas William Burgess Joseph Horn James Coffey John McCue Chris Peabody 16G 1 41, MEMORANDUM TO: Pelican Bay Advisor, Committee FROM: James P. Ward DATE: February 25, 1998 SUBJECT: Pelican Bay Services Division - U.S. 41 Landscaping Through the efforts of Naplescape 90 and the Pelican Bay Pro Owners Association has undertaken some fund raising cf forts thin the community of Pelihcan Bay in order to fund the installation of landscaping materials in the median of U.S. 41 upon the completion of the widening of U.S. 41. The Property Owners Association have asked whether the Pelican Bay Services Division would be able to assess the residents in Pelican Bay or a landscape materials within the community portion of the cost of installation of the for the Division to get involved in this �' and more importantly whether or not it would be appropriate process. First, as it relates to whether or not the Pelican Bay Services Division would be able to assess the residents we must look to the Ordinance creating the Dependent District and first determine whether or not U.S. 41 is within the boundaries of the Division. The boundaries of the Pelican Bay Services Division is the legal description of the prior Pelican Bay Improvement District and accordingly does not include the U.S. 41 medians. Therefore, in order to be able to assess a resident of the community, the Division through the Advisory Committee would need to recommend to the Board of County Commissioners that the boundaries of the Division be expanded to include U.S. 41 for purposes of this work. Next, as it relates to the specific work, in reviewing the Ordinance. I believe we have the authority under the Ordnance to handle this work, however, if the Committee chooses to proceed with the boundary expansion it may be prudent to clean up the Ordinance to provide for this specific authority. Please give this some thought and we will be discuss this item in more detail at the meeting. RECEIVED 16G1 41 MAR 1 1 1998 COLLIER COUNTY GOVERNMENT Roars of Count., ilommissioners PELICAN BAY SERVICES DIVISION 801 LAUREL OAK. DRIVE SUITE 605 NAPLES, FL 34108 (941) 597 -1740 FAX (941) 597 -4502 A CERTIFIED 13LUE CHIP C(NIMUNITl' NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A SPECIAL MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON March 17, 1998 at 3:00 P.M. AGENDA 1. Roll Call 2. Discussion of Fiscal Year 1999 Budget Plan 3. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITII RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WI-IICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Ile Hancock Constantine��U Mac'Kie Berry ____ 16G AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 19, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL. EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE ,MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL I3Y CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: February 19, 1998 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMAN'S REPORT f., 7. ADVERTISED PUBLIC HEARINGS: , i A. Petition No. CP -97 -2, Growth Management Plan Amendment, Jim Colosimo, Trustee, requesting to create the Pine Ridge Road Mixed Use District within the Golden Gate Area Master Plan, to increase the maximum acreage for Conditional Uses if located adjacent to or within the Pine Ridge Mixed Use District and to amend the Golden Gate Area ,Master Plan Future Land Use Map to indicate the location of said district. (Coordinator: Mary Lee Layne) B. Petition No. BD -98 -2, Desso T. Scholtz, of Scholtz and Scholtz. Inc., representing Chris and Ann Summerton requesting approval to construct an 18'3" x 30' boathouse over a 61'8" x 19'6" boat dock and boat lia for property located at 371 Bayside Avenue, further described as Lot 10, Block K, Conner's Van rbilt Beach Estates #2. (Coordinator: Ross Gochenaur) Norris -- _ HJn Constantine U Berry �ao•K1e ; 16GI February 19, 1998 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 19, 1998 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:31 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael A. Davis Michael J. Bruet Michael Pedone Donald J. York Gary Wrage Russell Priddy Russell A. Budd Karen Urbanik ABSENT: Edward J. Oates ALSO PRESENT: Marjorie M. Student, Assistant County Attorney Ron Nino, Planning Services Robert J. Mulhere, Current Planning Manager Page 1 RF:c,,F1vEa 1.6G1'� AGENDA tr��lr" �.nmmi5�i0nt:r� COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 19, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL 13ECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL 13Y CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: February 19, 1998 �, ^ 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMAN'S REPORT 7. ADVERTISEI) PUBLIC HEARINGS: A. Petition No. CP -97 -2, Growth Management Plan Amendment, Jim Colosimo, Trustee, requesting to create the Pine Ridge Road Mixed Use District within the Golden Gate Area Master Plan, to increase the maximum acreage for Conditional Uses if located adjacent to or within the Pine Ridge Mixed Use District and to amend the Golden Gate Area Master Plan Future Land Use Map to indicate the location of said district. (Coordinator: ,'Mary Lee Layne) B. Petition No. BD -98 -2, Desso T. Scholtz, of Scholtz and Scholtz. Inc., representing Chris and Ann Summerton requesting approval to construct an 18'3" x 30' boathouse over a 61'8" x 19'6" boat dock and boat li for property located at 371 Bayside Avenue, further described as Lot 10, Block K, Conner's %Van rbilt Beach Estates #2. (Coordinator Ross Gochenaur) Norris cock ----- Han Constantine_ _- .- -�---� M ' K i e -----� ac wry 16r1�� C. Petition No. PSP -97 -6, Geoffrey G. Purse, P.E., of Purse Associates. Inc., representing Commercial Development Co., requesting Preliminary Subdivision Plat approval for North Collier Industrial Center, located on the west side of Old U.S. 41, in Section 10, Township 48 South, Range 25 East, consisting of 41.7 acres. (Coordinator: Ron Nino) D. Petition No. PUD- 96 -12, 1. Gary Butler, P.E., of Butler Engineering, Inc., representing Royce O. Stallings, Jr., requesting a rezone from "A" to "PUD" to be known as Bembridge PUD for a maximum of 281 multi- family dwelling units; a 10,000 square foot church facility and a nursing home with 26 units per acre (130 beds), for property located on the east side of Santa Barbara Boulevard, approximately '/. mile north of Davis Boulevard, further described as the northwest' /. of the southwest' /. of Section 4, Township 50 South, Range 26 EasL consisting of 40.25 acres. (Coordinator: Bryan Milk) E. Petition No. CU- 97 -26, Terrance L. Kepple, of Kepple Engineering, representing Jonathan Bun, requesting Conditional Uses "19, 20 and 23" of the "A" Rural Agricultural zoning district for a sports instructional school and recreational camp for property north of and adjacent to Pine Ridge Road (C.R. 896), 600 feet west of Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.1 acres. (Coordinator: Susan Murray) Petition No. PUD- 97 -17. Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc.. and Attorney Dudley Goodlctte of Goodlette. Coleman & Johnson, P.A., representing Amerada Bess Corporation and Garrett FX Beyrent and Teryl Brerski, requesting a rezone from "E" Estates to PUD to be known as Pine Ridge Corners PUD, for highway- oriented and convenience commercial uses for property located on the north side of Pine Ridge Road and west of 1 -75, further described as Tract 77, Golden Gate Estates, Unit 35, ir. Section 7, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.38 acres, more o- less. (Coordinator: Ray Bellows) (Continued Indefinite) OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 3/19/98 CCPC AGENDA,'md 2 i 6Gl February 19, 1998 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 19, 1998 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:31 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael A. Davis Michael J. Bruet Michael Pedone Donald J. York Gary Wrage Russell Priddy Russell A. Budd Karen Urbanik ABSENT: Edward J. Oates ALSO PRESENT: Marjorie M. Student, Assistant County Attorney Ron Nino, Planning Services Robert J. Mulhere, Current Planning Manager Page 1 /1(. 10W/,01✓ AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY FEBRUARY 19, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOK ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAI EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING 'THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL, IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: January 15, 1998 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMAN'S REPORT 7. ADVERTISED PUBLIC HEARINGS: A. Petition No. V- 97 -15, Kenneth D. Goodman, representing Lana S. Chadwick, requesting an 0.5 foot after. the -fact variance from the requited 30 foot side yard setback for the principal structure, along the soutt Property line to 29.5 feet; a 4.0 foot after -the -fact variance from the required 30 foot side yard setback for ar accessory structure, along the south property line to 26 feet; a 13.3 foot variance from the required 30 foo: side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after- the -fac: variance from the required structure -to- structure setback of 10 feet for the separation between the principa. structure and a tennis court, to 8 feet for property located at 118 Cajeput Drive, further described as Lot 14 Block L, Pine Ridge Extension. (Coordinator. Fred Reischl) (Continued from the meeting of February 5. 1998) B. Petition No. BD -98 -1, Miles L. Scofield, representing Donald M. Churilla requesting an 18 foot boat dock extension to allow for two (2) boat slips and two (2) boat lifts protruding 38 feet into the waterway, for Property located at 80 Southport Cove, further described as Lot 10, Southport On The Bay, Unit I, in Section 6, Township 48 South, Range 25 East. (Coordinator. Chahram Badamtchian) 1 C. Petition No. V- 97 -18, Daniel and Margaret Kelly requesting a 22.9 foot after -the -fact variance from the required side yard setback of 30 feet to 7.1 feet for property located at 6831 Sandalwood Lane, further described as the west 150 feet of Tract 37, Golden Gate Estates Unit No. 35. (Coordinator: Ray Bellows) D. Petition No. R- 97 -12, Shane and Cindi McIntosh, requesting a rezone from RSF4 to C -1 for a professional office building for property located on Goodlette Road between 130, Avenue North and 14" Avenue North, located in Section 34, Township 49 South, Range 25 East, Collier County, Florida, consisting of .68 acres. (Coordinator: Ray Bellows) E. Petition No. PUD- 97 -17, Bruce 1. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hess Corporation and Garrett F.X. Beyrent and Teryl Brmski, requesting a rezone from "E" Estates to PUD to be known as Pine Ridge Corners PUD, for highway - oriented and convenience commercial uses for property located on the north side of Pine Ridge Road and west of 1 -75, Ruther described as Tract 77, Golden Gate Estates, Unit 35, in Section 7, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.38 acres, more or less. (Coordinator. Ray Bellows) F. Petition No. PUD- 87.31(3), Timothy W. Ferguson and Dominic Gadaleta representing SJG Land Trust, requesting a rezone from "PUD" to "PUD" for the Planned Unit Development known as Gadaleta, having the effect of amending the Gadaleta PUD in response to requirements of Section 2.7.3.4 of the Land Development Code, Resolution 97 -134, for property located on the west side of Old Tamiami Trail North/Old U.S. 41 North (C.R. 867) and immediately contiguous the Lee County boundary line in Section 10, Township 48 South. Range 26 East, Collier County, Florida, containing 19.3 acres, more or less. (Coordinator: Ron Nino) (Continued from the meeting of February 5, 1998) G. Petition No. PSP- 97 -20, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Berkshire Capital. Inc., requesting Preliminary Subdivision Plat approval for Berkshire Pines, Phase 2, ast, located on the east side of Santa Barbara Boulevard and north of Radio Road in Section 33, Township 49 South E consisting of 82-45 acres, more or less. (Coordinator: Ron Nino) , Range he H. Petition No. PUD- 87- 14(3), Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peck, Inc., requesting an amendment to Ordinance No. 92 -23, as amended, for the purpose of increasing the authorized gross floor area from 65,000 sq. ft. to 72,000 sq. ft. in the Wilson Professional Center PUD, located on the southwest comer of Airport- Pulling Road and Bailey lane, in Section 23, Township 49 South, Range 25 East, Collier County, Florida, containing 7.8 acres, more or less. (Coordinator: Ron Nino) I. Petition No. PUD- 92 -5(2), Mark W. Minor of Q. Grady Minor & Associates. P.A., representing Community Development Corporation of Sterling Oaks, requesting an amendment to the Sterling Oaks PUD, Ordinance No. 92 -79, as amended, for the purpose of clarifying dt:velopment standards establishing setbacks, and space between buildings for property located within the Sterling Oaks PUD which is located south of the Lee County line between U.S. 41 and Old 41, in Section 9 & 10, Township 48 South. Range 25 East, Collier County, Florida, containing 247.89 acres. (Coordinator: Ron Nino) OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 2/19/98 CCPC AGENDAImd 2 16 1 .� February 19, 1998 CHAIRMAN DAVIS: Call this meeting of the Collier Commission to order and begin by calling the roll. Mr. Priddy? COMMISSIONER PRIDDY: Here. CHAIRMAN DAVIS: Ms. Urbanik? COMMISSIONER URBANIK: Here. CHAIRMAN DAVIS: Mr. Budd? COMMISSIONER BUDD: Here. CHAIRMAN DAVIS: Mr. Bruet? COMMISSIONER BRUET: Here. CHAIRMAN DAVIS: Davis, here. Mr. York? COMMISSIONER YORK: Here. C County Planning HAIRMAN DAVIS: Mr. Oates is off in Africa or somewhere. Mr. Pedone? COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: Mr. Wrage? COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Addenda to the agenda. ,,Ie have a request by the petitioner to continue Item F until our next meeting. COMMISSIONER YORK: So moved. COMMISSIONER BRUET: Second. MR. NINO: I have another one which I received yesterday. MR. MULHERE: You need to come up to the mike. MR. NINO: Ron Nino. The -- the letter asks for us to continue PUD- 92 -5(2). That is item -- Item I on the agenda. York? CHAIRMAN DAVIS: Okay. So your motion includes both F and I, Mr. COMMISSIONER YORK: Yes. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: And Mr. Bruet, second. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. COMMISSIONER YORK: Question, Mr. Chairman. new packets on those two items? Thank you. CHAIRMAN DAVIS: We have minutes of January COMMISSIONER PRIDDY: Move for approval. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: A motion of approval by Mr Mr. Pedone. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Any Planning Commission absences? Good. COMMISSIONER PEDONE: No, but I do have to CHAIRMAN DAVIS: I think we'll be long gone MR. MULHERE: Mr. Chairman, I'm sorry, alsc Will we be issued 15th for -- Priddy, seconded by leave at by then. petition Page 2 about 10:30. M February 19, 1998 PUD- 97 -17, the applicant has also requested a continuance on that. We don't have a time certain so we may need to readvertise that. They're going to try to address some issues with the market study that we thought was inadequate. We might need a motion to continue that. CHAIRMAN DAVIS: Continue that one indefinitely, Mr. Mulhere? MR. MULHERE: Yeah. COMMISSIONER BUDD: So moved. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion to continue Item E indefinitely by Mr. Budd, seconded by Mr. Bruet. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. MR. MULHERE: One other item of information, Item C, Petition V -97 -18 which is a variance request, apparently the -- the agenda is incorrect. Okay. The background information is incorrect? MR. BELLOWS: Yeah, that's the right number. MR. MULHERE: However, the number is correct and the petition was advertised properly. CHAIRMAN DAVIS: Okay. COMMISSIONER YORK: Does that have to be continued? MR. MULHERE: No. CHAIRMAN DAVIS: Just to review here, because I think there's some people in the room that may be here for this one petition, PUD- 97 -17, which has to do with the Pine Ridge Corners PUD at Pine Ridge Road and I -75, has been continued indefinitely. It will be readvertised for when we hear it. I think that's what you were here for, Mr. Evans, isn't it? Okay. It's been continued indefinitely. It will be readvertised. If you want to check with staff, they could probably let you know when it will be heard by this board. Mr. Mulhere, anything in the way of a BCC report? MR. MULHERE: The board did set hearing dates for the next cycle of land code amendments. I believe the second and fourth Wednesday in June, and we had looked at some tentative dates in May for the Planning Commission, so I'll put those together and bring them forward at the next meeting so we can confirm those. Also Wednesday evenings. CHAIRMAN DAVIS: Is the review of the architectural standards going to be part of this cycle? MR. MULHERE: Not this cycle, the following cycle. CHAIRMAN DAVIS: The following cycle? MR. MULHERE: At this point, we're looking at bringing in -- doing a comprehensive review of those standards and probably to some degree bringing in Joe McHarris at some -- as you know, he's left the county. However, his experience in developing those architectural standards, we think, would be invaluable in the re- review, so we'd like to bring him in at some level to provide some support, so that's why we waited until the next cycle. CHAIRMAN DAVIS: Uh -huh. Okay. You might make a note of -- as I Page 3 February 19, 1998 recall on the first go- round, there was something to do with canopies to do with gas stations and convenience stores that I think fell by the wayside, and just a personal observation, they seem to be becoming an increasingly more visual problem. MR. MULHERE: As a matter of fact, I'm glad you brought that up because we will be -- the board directed us to look at service stations in this cycle in terms of -- in conjunction with a recent petition, Cleeson PUD, which did not request a gas station, but however, the issue came up for board discussion during that PUD and they directed us to look at the issue of service stations, especially in interchange activity centers in terms of possibly reviewing either locational restrictions or some other criteria, including a more comprehensive architectural criteria for gas stations and canopies associated with gas stations, and so we are looking at that and we may be bringing that forward in this cycle because of the board's concern that we do that expeditiously. CHAIRMAN DAVIS: Just my observation with the redevelopment of a lot of these Hess stations, it seems like you end up with a -- instead of an open space, you just end up with canopy. It seems to be everywhere, so -- for whatever it's worth. MR. 14ULHERE: Okay. Thank you. CHAIRMAN DAVIS: That brings us to our advertised public hearings, the first being Petition V- 97 -15. I'd ask all those present here today that are going to testify on this petition to please stand, raise your right hand so that you may be sworn by the court reporter. (Speakers sworn.) CHAIRMAN DAVIS: Mr. Reischl? MR. REISCHL: Morning, Commissioners. Fred Reischl, Planning Services. This is a request for four after- the -fact variances on a residence in Pine Ridge. Two of the variances, as you can see from the site plan on page four of the staff report, are on the south side, a half foot for the main house, which normally would be handled by an administrative variance. However, combined with the others, it was included in this request, and a four foot for the gazebo also on the south side, a two foot reduction from the required ten feet between structures for the tennis court and the main house, and then the tennis court and the. north property line on the north side, which was also, as you'll recall, the reason for the continuance two weeks ago. The north property owner had an objection to the granting of the variance for the tennis court on the north side. Therefore, the petitioner requested a continuance. However, this morning, I did receive a letter from the attorney for the property owner on the north side who withdrew the objection, so because the -- the encroachments have been there for approximately ten years and there are, as you can see from the pictures, vegetative screening on both sides, staff was recommending approval of the after - the -fact variance. CHAIRMAN DAVIS: Okay. Any questions of staff? Page 4 February 19, 1998 COMMISSIONER BRUET: So there's no further community opposition? MR. REISCHL: That was the only objection, and this morning I received a letter withdrawing the letter. add? CHAIRMAN DAVIS: Petitioner's representative have anything to MR. GOODMAN: No, Mr. Chairman. CHAIRMAN DAVIS: Any questions of the petitioner's representative? Anyone else to speak on this petition? Seeing none, I'll close the public hearing. COMMISSIONER YORK: Mr. Chairman, I move we forward Petition V -97 -15 to the BZA with a recommendation for approval. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion of recommendation of approval by Mr. York, seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIP14A.N DAVIS: Carries unanimously. Petition BD -98 -1. Once again, all those present that may want to speak on this petition, please stand and raise your right hand so you may be sworn by the court reporter. (Speakers sworn.) CHAIRMAN DAVIS: Mr. Badamtchian. MR. BADAMTCHIAN: Good morning, Commissioners. Chahram Badamtchian from Planning Services staff. Since this petition went to the printers, the applicant has reduced the length of the boat dock. Therefore, the length that's written on your staff report is not correct. The new request is for a 15 foot boat dock extension from the required 20 feet for waterways with more than 100 feet of water width to 35 feet for a boat dock and boat lift facility. Staff reviewed this petition. There are several other boat docks with similar length in the area. Staff recommends approval of this request as proposed. Staff has received one letter of objection from one of the neighboring property owners and staff also has received a phone call from another neighboring property owner. However, as'I said, tnis.is a 35 foot extension. There is already a 32 foot extension on a lot -- this is on Lot 10. Lot 8 has a 32 foot dock. Lot 12 has a 30 foot dock already existing. Staff believes this is consistent with all the other approved boat docks in the area, therefore, recommends approval. COMMISSIONER YORK: Chahram, then on your recommendation, you're amending the total protrusion to be 35 feet? MR. BADAMTCHIAN: Thirty -five feet. COMMISSIONER YORK: Not 43? MR. BADAMTCHIAN: Correct. COMMISSIONER PEDONE: Can you tell me what lots made the objections? Page 5 February 19, 109f3 MR. BADAMTCHIAN: Lot 8, lot number 8. COMMISSIONER PEDONE: He objected? MR. BADAMTCHIAN: Yes. COMMISSIONER PEDONE: And tie teas a 30 foot dock? MR. BADAPTTCHIAN: Thirty -two. COMMISSIONER PEDONE: Thirty -two? MR. BADAMTCHIAN: Yes, and Lot 9, the owner called me. She mostly wanted to know what was proposed. She didn't have an objection, per se. She said she's gonna come here to see what's proposed. CHAIRMAN DAVIS: Okay. Any other questions of staff? Petitioner? MR. SCOFIELD: Good morning. Miles Scofield representing Don Churilla, the -- the property owner. We've been back to the drawing board several times trying to make this dock fit. We have a situation here, as you can see -- do you have the overall plat of Southport there? 'rle're in a cove area there. Lot 9 is -- is the one right caught up in the cove there. There's an existing dock there. There's an existing dock on Lot 8. On Lot 8, chat was a 14 foot extension. The dock is built out 32 feet. I represented the owner on that situation too and we got a 14 foot -- we only built out to 32 feet though, but it was approved for a 14 foot extension. What we're doing is, on this lot, Lot 10, Mr. Churilla wants to -- he wants his boats coming in perpendicular to the shoreline. We fooled around with four or five scenarios, and we -- this one appears to work the best. What we're doing is, in order -- in order to allow dockage, if Lot 9 ever decides to get a boat lift -- they have a dock there now parallel to the shoreline. If they were to ever get a lift in there, it would almost have to be perpendicular in order for it to be used, and by the configuration that we're doing on Lot 10, it would allow that in the future. I'll show you on the aerial where this is. It's -- it's this -- this is the cove area right here. These two existing houses -- this is Lot 8 here and -- Lot 8's right here with the existing dock and boat lift. Lot 9 is the one in the corner with the existing dock, and this vacant lot here is being built right now. This is my client's lot, and what we're doing is we're angling these docks in that manner right there. The lot to the east of him won't be affected, but in order -- by angling these docks this way, it will allow this lot in the corner here, in the future, if they want a boat lift, to do that. Again, we're asking for a 15 foot extension. It's my practice a lot of times in these extensions to ask for a foot or two more when we build these things so we have a little bit of leeway in case the contractor, if we ever do an as -built survey, if it's called for, that we're not in violation. We plan to build the dock out to 34 feet, but I asked for a 35 foot extension. The shoreline's irregular in this area, as you can see, and we measure -- they usually measure from the furthest point, so in the middle of the lot, it's only going to be Page 6 I I :# -A February 19, 1998 actually out several feet less than what we're asking for. CHAIRMAN DAVIS: Questions of the petitioner's representative? Okay. Thank you. Anyone else to speak on this petition today? Please come forward to the microphone. Please state your name for the record. MR. KROZAK: Yeah, my name's Jeff Krozak (phonetic). I'm the property owner of Lot 8. I sent the letter in, and the reason I'm bringing this up is -- I brought some photos too that I can t on the board here. They're kind of small. Can you pass them around ? CHAIRMAN DAVIS: Give them to Mr. Priddy on the end there. That will be fine. MR. KROZAP:: Basically, I have the only boat in there right now and I bring it in and out all the time. As you see, everything runs parallel to the shoreline, and what he's asking for is two docks and two lifts, okay. It's going to be like a marina, you know. Everybody has one dock and one lift in the area. Basically, if we look at his drawing, on the petition it calls -- he's going to be out 18 feet just for the dock itself. When I look at the drawing, the dock is all the way out in the water, you know. I didn't -- I'm not sure if that's right or not, but I thought you can only go out like 18 feet. Another thing too is this mean high water mark and the property line are two different things. This mean high water is quite a ways back from the property line, you know. Where like my dock and the lot next to me, we're pretty much 18 feet right off our property lines into the water, and then we go out with the boats. What he wants to do here is take the mean high water, which is quite a ways from the property line, add that on, so this all starts stacking up. You can see by the photos where I've got that little white sticker, as that starts backing up into the water, you know, that kind of narrows down there. This could be sticking out quite a ways. Depends where that comes off of, this 34 feet. This mean high water is kind of -- where is it, but everybody knows where the lot lines are and that could be out there quite a ways if it's off of like a mean high water and it isn't referenced to the property stake, you know, how far is this out? I think that's a big issue, and I think with this wood, that wood, where does it stop? It goes right out to 34 feet? That's'like on mine, where my extension is, we only have an 18 foot dock. We pull the boat in parallel and that's it. Where, you know, with this, if you start taking boats and turning them perpendicular, you've got to have these huge docks running out into the water and, I don't know, this lot is just a normal residential lot. It's not like a corner piece where you could get two boats -- you know, two boats, two docks. I mean, it really isn't set up for it, you know. We're just talking a basic lot. I could -- you know, there's a lot of marinas in the area too where you could keep a second boat at. There's Wiggins Pass or Fishtale (sic), you know, there's other ways around having two boats at your house and I know because I own a boat, you know. So I mean, Page 7 16 February 19, 1998 we could -- but that's why I wanted to bring this up is, you know, how far out do these wood docks go? Like I have an extension for 32 feet. Does that mean I can go and stop at Home Depot and buy wood and build all the way out to 32 feet as soon as I go home? I don't think so. You know, I took it as 18 foot for a dock, you go out just what you need for your boat and that's it. Where, see, this, they're having an area here and they're going to just develop it, and that's obvious, more boats, more lifts and it isn't uniform, you ?now, even with the pictures, everything's nice and parallel, looks good to the shoreline. It could stay in tight. I live there. I can see it. You can see by the photos, it's nice to keep everything packed in real tight to the property, so that's all I wanted to state for today, okay. CHAIRMAN DAVIS: Thank you. MR. KROZAK: Sure. CHAIRMAN DAVIS: Anyone else to speak on this petition? Yes, ma'am. Please come forward state your name for the record. MS. FERATSIS: Hi. Marianne Feratsis (phonetic). My husband, John, and I own Lot 9, which is next door. We do have a dock. It's 18 feet. We don't have any boat right now. We pretty much use it as a vacation house, with the understanding that we might someday move there full time, and the way the property bends, my concern was being totally boxed in. That if we do want to get a boat, I don't know how we're going to get a boat in. I think we would probably, with his dock sticking out that far, have to reconfigure our whole dock and spend money _o rip out the existing, which I really don't want to do. I was hoping that someday if we bought a boat, we could just maybe come for our -- for the permission to get a lift like everybody else does and put ours parallel to the shore like everyone else. Also on the picture that I have here, which I don't know if they've changed from this, but I'm concerned also about the decking that we have protruding towards my house. Are they going to -- is this protrusion that's coming towards my property, is this for patio furniture, for storage? I don't know what that is, but it seemed kind of strange when the -- the size of the property is -- it's so small, to then have this extension that even comes more towards my property, which already has a very small shoreline. Anything that comes pointing more in my direction scares me even more, like how are we getting out? Not to mention, does it then protrude actually in front of my dock, that if I sit on my dock to get some -- to watch the fish, am I looking at another dock that comes right in front of me now, because it looks like they're turning this way? He mentions that he's pointing the dock out, but I see this patio area coming right in my direction, pointing right towards my property, and I don't know a lot about the property line, but it looks like that could actually be coming out right in front of my dock area and I'm concerned about being boxed in for the possibility of a boat in the future or just for sitting on my dock. I don't want another dcck in front of my dock. Page 8 February 19, 1998 He -- I think he's entitled, like everyone else, he's got the waterfront and I believe the -- you know, I knew there'd be a dock there when we bought our property. I knew eventually someone - -- if you're going to buy waterfront, you're going to want a dock and a boat, but then the notice comes and he wants two docks, two boat lifts, two boats, and all of a sudden I feel like my little dock is just going to be totally boxed in by -- like a marina next door and I'm concerned about that. Thank you. CHAIRMAN DAVIS: Thank you. Mr. Scofield, if you'd like to come back up. MR. SCOFIELD: Excuse me. If I could clear up just a few things. In Southport -- Mr. Krozak had a question about property lines. The mean high water line in the plat in Southport is the property line. On all the -- on all the lots in Southport, you have a conservation easement that was entered into with the state and the Lely PUD there. The property lines extend all the way out. Most of the lots -- in this particular case, there's a 20 foot conservation easement. Some lots go up to 60 and 70 foot conservation easements, but the people actually ovrn that property out to the -- they can't build in there. They are allowed to access through there with a walkway to go to a dock. So I don't know what the problem is with the discrepancy between a property line and the high water mark. They're the same thing in this area. There are two other lots in this area that have two boat lifts and -- two lifts and two boats. We chose to show it on here, the other lift. We can bring the smaller lift inside the 20 foot mark if -- if we need to, and then we wouldn't even be here for that reason, so -- but we chose to show it maybe to get in a little bit deeper water. If that doesn't cork, then we can always slide it inside a little bit. The -- if you look at the drawing there, if we were to go out, we played with this scenario, if we were to come out and have an extension equal to most of the people in here, Mr. Krozak has a 34 foot extension, if we were to come out that far parallel to the shoreline, we would be blocking Lot 9 more so than what we're doing. We're angling away, and as you can see on the outside on our -- the way we're angling it -- it's 15 feet at the shoreline, but once you get out, the outside's angling away and that allows for boats to 'come in and out of there, we're over 20 feet away -- more than 20 feet away to the end. These are very minimal docks. One's a four foot wide walk, which is a catwalk. The other one's six foot wide with a little 12 foot pad on the end. I don't believe it's the owner's intention to put patio furniture or stuff out there. This is a very minimal dock for what we're asking for. Their concern was that you're putting structures out that far. Most of the other docks, when they're extended out 34 or 35, some of them in the area of 40 feet, there is one dock that goes out 40 feet, but most of them are docked out 20 feet or more, and then a lift, but there are pilings sticking out there too, so it's a structure, Page 9 1.6t;I 4-) February 19, 1998 nonetheless. So I just wanted to clear up a few points. Thank you. COMMISSIONER YORK: Mr. Scofield, question. On the drawing that I'm looking at, what's existing now? MR. SCOFIELD: Nothing. COMMISSIONER YORK: There's nothing there? MR. SCOFIELD: No, sir. CHAIRMAN DAVIS: Mr. Priddy? COMMISSIONER PRIDDY: Mr. Scofield, how far back towards the property line can this go and this owner still get their boat in? Because I'm having just a little bit of -- little bit of problem with this too. It appears that this is a little overkill. I mean, it is, you know, kind of the max and I understand asking for that, but I mean, can this property owner, in fact, move back to their -- back towards their property line a little bit and still achieve the -- the water they need to -- to dock a boat in there? MR. SCOFIELD: We can move in -- we can move in -- if we come out 20 -- we're going to be out -- if we were to put a situation parallel to the shoreline, which I've done, I've worked those plans up, we can probably move in a couple of feet from what it is now, but the situation is, that that would carry -- that would carry right over to within 15 feet of the property line and would cause probably -- in our estimation, it would cause more of an obstacle getting in and out for the neighbor. COMMISSIONER PRIDDY: Okay. But if there were, in effect, one dock angled, because I agree with your angling to help protect Lot 9 MR. SCOFIELD: Right. COMMISSIONER PRIDDY: -- if there were, in effect, one dock angled, how far -- can you move in any further with just the one dock or you're needing all of that? MR. SCOFIELD: I'm not sure I -- COMMISSIONER PRIDDY: Well -- MR. SCOFIELD: You're saying eliminating one dock and one lift? COMMISSIONER PRIDDY: Yes. MR. SCOFIELD: Is that what you're asking? COMMISSIONER PRIDDY: Yeah, I guess. MR. SCOFIELD: I mean, anything's possible. The owner's requesting this. You know, we can obviously, you know, probably =- COMMISSIONER PRIDDY: Well if -- if we do one dock and one lift, the owner can, without asking, put a second one -- MR. SCOFIELD: Inside of 20 feet. COMMISSIONER PRIDDY: -- inside of 20 feet? MR. SCOFIELD: That's correct. That's correct. So I mean, you know, that -- you know, that way it could be reconfigured. The distance out is, you know, is what we're asking for and this is the configuration we came up with. There is -- if there is a problem with this, the owner's out of town and he will be back next week and if there's a problem with this, you know, we can do a continuance to hear from the owner if that's -- if that's your pleasure, but we can -- if the second boat lift right now is a problem where it is, we can Page 10 February 19, 1998 eliminate that. COMMISSIONER PEDONE: Which boat lift would be the problem, the smaller one or the larger one? MR. SCOFIELD: Well, it's not the problem. I think what Mr. Priddy's saying is we need to reconfigure it if we eliminate one. COMMISSIONER PRIDDY: Well, what I'm saying is what they've got proposed here is going to be pretty massive out there. COMMISSIONER YORK: I agree with that. COMMISSIONER PRIDDY: And I think that they could further minimize the impact of what they're trying to do. COMMISSIONER PEDONE: Couldn't they even stay with the two boat lifts by taking the four foot dock and widening that to a six foot dock and leaving that to be the only dock and having a lift on either side of it? MR. SCOFIELD: Put one on either side, yeah, that's possible. COMMISSIONER PRIDDY: I think that's probably a good idea too. It puts less structure out there. COMMISSIONER PEDONE: This is a little much. MR. SCOFIELD: Yeah, what we could do -- yeah, we could -- we could reconfigure that situation. COMMISSIONER PRIDDY: That would also further get that platform on the end a little further away from Lot 12 and -- MR. SCOFIELD: Yeah, that platform can be switched -- right. COMMISSIONER PRIDDY: To the other side so that -- my suggestion, and I could buy into that, is to go with Mr. Pedone's one six foot dock in the middle, and that way you've only got pilings sticking out on either side and it would be less intrusive on the neighbors. MR. SCOFIELD: Okay. What -- all right. I would need to redraw that situation and -- but -- for the extension, so you're saying approve the extension with those stipulations, is that -- CHAIRMAN DAVIS: That's -- COMMISSIONER PRIDDY: Yeah, I could -- MR. SCOFIELD: That's the gist of it? CHAIRMAN DAVIS: By the same token, with your owner out of town, you know, if you want us to continue this until our next meeting, we will. MR. SCOFIELD: You know, I probably would feel better by doing that, by letting me reconfigure the dock with the owner to his liking and then let him call the shots if he wants to proceed with it at that point. CHAIRMAN DAVIS: That may be the better thing to do, Mr. Scofield, because you've demonstrated that you certainly have taken into consideration the problem the neighbor has on Lot 9 with the angling and everything, so it seems like there's something we can work out here that will probably work, but with a continuance, then the owner can be involved too who's not here today. MR. SCOFIELD: Can we do this at the next meeting? CHAIRMAN DAVIS: Uh -huh. COMMISSIONER YORK: Move to continue. COMMISSIONER PRIDDY: Second. Page 11 F ( A V� February 19, 1998 COMMISSIONER URBANIK: Second. CHAIRMAN DAVIS: Motion to continue to our next meeting by Mr. York, seconded by Ms. Urbanik. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Petition V- 97 -18. All those present that would like to speak on this petition, please stand and raise your right hands so you may be sworn by the court reporter. (Speakers sworn.) CHAIRMAN DAVIS: Thank you. Mr. Bellows? MR. BELLOWS: Yes. For the record, I'd like to point out that as Mr. Mulhere mentioned, that the agenda background information is wrong. The petition is sponsored by Robert Duane of Hole, Montes and Associates representing the Kraft Construction Company. Their petition is seeking a variance of 3.5 feet from their required side yard setback requirement of 13.5 feet to ten feet on both sides -- side yards. This will allow for construction of a warehouse and office building. The property's located on the south side of Horseshoe Court and is further described as Lot 6 in the East Naples Industrial Park. As you see, the property has a 50 foot drainage easement to the rear and it's at the end of the cul -de -sac which is -- intrudes into the northwest corner of the site forcing back the structure. The petitioner indicates that due to the special conditions where the easement and the cul -de -sac force the building into the smaller area in the middle, it's created a hardship for them to meet the size requirements for the applicant. The applicant needs 10,100 square feet of space. Therefore, they are requesting this variance. Staff is of the opinion that the granting of this variance will not be in keeping with the general intent of the Land Development Code. However, there will be no adverse impact to the adjacent property owners. It also should be noted that since this is the industrial district, they could build a zero lot line structure on either side of the lot. No letters have been received for or against this petition. Therefore, staff: is recommending that the Collier County Planning . Commission recommend approval of this petition. CHAIRMAN DAVIS: Questions of staff? COMMISSIONER WRAGE: Did -- I missed the part where you said about the zero lot line on either side. MR. BELLOWS: Yeah, the industrial district allows for a building to be shifted to the zero lot line on one side, as long as the remaining setback is provided on the opposite side. COMMISSIONER WRAGE: Okay. I understand. CHAIRMAN DAVIS: Public hearing, anybody else want to speak on this petition? MR. DELATE: Mike Delate from Hole, Montes and Associates. I concur with staff's analysis and recommendation. I'd be happy to Page 12 February 19, 1998 answer any questions you might have. CHAIRMAN DAVIS: Any questions of Mr. Delate? Thank you. Anyone else to speak? Seeing none, I'll close the public hearing. COMMISSIOMER YORK: Mr. Chairman, I move we forward Variance 97 -18 to -- I guess it goes to the BZA, to the BZA with recommendation of approval. COMMISSIOITER BUDD: Second. CHAIRMAN DAVIS: Motion of recommendation of approval by Mr. York, seconded by Mr. Budd. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN ZAVIS: Carries unanimously. Petition P.- 97 -12. All those present that may want to speak on this petition, please stand, raise your right hands so that you may be sworn. (Speakers sworn.) CHAIRMAN LAVIS: Mr. Bellows? Oh, excuse me. In the way of disclosure, I had a brief conversation with Mr. McIntosh about this. MR. BELLOWS: The petitioner's requesting to rezone the subject site from RSF -4 to C -1 for a professional office facility that's located outside an activity center and it qualifies for commercial zoning through the commercial under criteria. Basically it meets the three criteria. It has frontage on an arterial road, located in an area generally commercial in character, and the depth of the site will not exceed the existing commercial on either side. It should also be noted that the site is within the Goodlette Frank corridor management overlay area, which provides increased setback standards and landscaping to improve compatibility with properties within the City of Naples. The site is also -- it currently has two existing structures on -site. The wood frame structure cannot be converted to commercial uses because it doesn't meet the building code. Therefore, that would have to be removed. The other structure off of 13th Avenue is a concrete block structure and that could be converted to a commercial use. Petitioner has indicated that they may, if the petition's approved, operate -as a business out of there until such time as they can build a larger office building on -site. The traffic impact review indicates that the professional office district, if built out to about 10,000 square feet, could generate up to 246 trips, which doesn't exceed the significance test on Goodlette Frank Road or have an adverse impact on traffic circulation. However, staff is requiring access off of 14th Avenue, which has a signalized intersection. From a compatibility standpoint, the proposed professional office use is similar to the existing commercial uses in the area. To the north is the chiropractor's office and to the south is the United States Post Office. Staff is requiring a ten foot landscape buffer Page 13 VA February 19, 1998 along the eastern property line to buffer the residences east of the site. There is the Goodlette Frank corridor management overlay that has increased landscaping along Goodlette Frank Road. Staff has received a petition from property owners on 14th Avenue Northwest. They are in opposition to this petition. They have concerns of increased traffic on 14th Avenue and that it could result in increased crime with more commercial office type businesses located in this area. If you have any questions, I'd be happy to - CHAIRMAN DAVIS: Questions of staff? COMMISSIONER YORK: Yeah. Fourteenth Avenue, is that the one that goes back through to the Conservancy? MR. BELLOWS: Yes. COMMISSIONER YORK: Merrihue Drive, there is MR. BELLOWS: Yes. There is a signalized - COMMISSIONER YORK: Right. 11R. BELLOWS: -- at that corner, as opposed to 13th -- COMMISSIONER YORK: And Dr. Boritz is on the corner? MR. BELLOWS: Yeah. COMMISSIONED, YORK: Okay. CHAIRMAN LAVIS: Mr. Kant, maybe you could talk to us about access and traffic impacts on 14th. MR. KANT: Edward Kant, Transportation Services. Did you have a specific question or did you -- CHAIRMAN DAVIS: Well, you heard -- MR. KANT: -- would you prefer that I ramble? CHAIRMAN DAVIS: Mr. Bellows said about some -- no, ramble. You heard what Mr. Bellows said about some residents sindthet neighborhood concerned about increased traffic on 14th. You being our -- the traffic expert that I see sitting here today from staff, what's your reaction to that? MR. KANT: I think that that is not -- not an unrealistic perception. On the other hand, I'm not sure I would agree with the fact that merely converting this particular lot from a use -- residential use to a commercial use is going to increase the traffic on that street. Typically, commercial uses are destinations, and in this case, as I understand it, this is an office -- proposed to be an office type use. I'm not sure, unless somebody had a reason to continue on down the street, that they would go much past this driveway. , I would submit that the existence of the Conservancy at the end of the street probably generates more traffic for the Conservancy activities than would this particular use, and I'm not trying to defend or champion either of the uses, but when you look at at how the property is going to be accessed off of 14th Street, as I remember the site plan, there's a single driveway that comes in. I believe that right now the lot can be accessed from either 13th or 14th. Our recommendation ,.as that they not access from 13th because there's already a significant congestion problem due to the post office, again, not of their making. So I think that the proposal -- then let me also state than: we Page 14 February 19, 1998 were also somewhat concerned about access directly off of Goodlette Road because that's a short block. The present ordinance 93 -64 requires that on a multi -lane divided roadway, they provide a decel lane, and that would severely impact the property, so in this case, the 14th Street access is not only the most reasonable, but is also the most practical. Looking at the size of the building, the proposed use, as Mr. Bellows points out, the number of trips, even if it max's out, typically for these types of uses, when we go to the book and we come up with an estimated trip generation, that usually runs -- tends to run a little bit high compared to what we take when we actually get actual counts, so I'm not real sure that, again, while the perception may be there, it may be a valid perception, I'm not real sure that that's going to be borne out in practice, and that's, I think, where the concern is. Again, somebody who wants to pull into that lot, use that facility for whatever is going to be there, when they leave, they're going to head back out to Goodlette. They would have no reason to go down 14th. CHAIRMAN DAVIS: Okay. Thank you. Petitioner? MR. BELLOWS: I would also like to point out that the intent of the commercial under criteria is to limit the uses to commercial C -1 uses, which has the lowest traffic generation. I would also like to point out that the reason this petition is being recommended for approval by staff is that it complies with the revised language in the Growth Management Plan, specifically dealing with intervening roadways between the adjacent commercial, so there's a chiropractor to the north and post office to the south, but there's an intervening roadway. Under the old language, that would not qualify for commercial under criteria. However, the Board of County Commissioners has approved that language, but it's at DCA. We're awaiting ratification, so therefore, we'd like to recommend that this approval be subject to the DCA approval of the revised language. MS. STUDENT: Excuse me. Are you talking about the EAR amendment? MR. BELLOWS: Yeah. MS. STUDENT: Well, I wish I'd known this before now. That may be -- I -- I can't tell you when that's going to be MR. BELLOWS: I had discussions with Barbara Cacchione and she's indicated that they don't -- the Department of Community Affairs doesn't have a problem with this particular part of the language and that they are trying to work out an arrangement with certain -- MS. STUDENT: That's true, but legally, we cannot approve a development order that's inconsistent with the plan. MR. MULHERE: That's not the issue. MS. STUDENT: It's not consistent with the current FLUE? MR. MULHERE: That's what the board will have to determine. They have previously determined that sometime in the past in a similar fashion, and that's what we're suggesting that they'll have to determine at this point. Page 15 February 19, 1998 MS. STUDENT: Okay. If not, we're going to have to change the effective date language in the ordinance and it will not be effective until it goes through the process, and that could be quite some time. MR. MULHERE: Yeah. CHAIRMAN DAVIS: Depending upon -- that may depend upon our motion too. COMMISSIONER PRIDDY: Mr. Chairman, didn't we just do one of these on -- CHAIRMAN DAVIS: Immokalee Road. COMMISSIONER PRIDDY: Well, we did one out near your neighborhood across from the Vineyards, the doctor's office that was going in next to the -- MS. STUDENT: That's a little -- that's not part of the EAR amendment. That was a site specific one and that had language in it -- that was a small scale amendment. It's a little different process, and the EAR process, we've had intervenors and everything else in the case and it could go on for quite a while, believe me. MR. MULHERE: No, we've had discussions relative to this issue with the applicant and the applicant has requested to go forward because it's his opinion that the board will find that this is consistent with the existing -- MS. STUDENT: If -- that's -- and I think what you need to do, Mr. Chairman, and the board, is evaluate that so you can make a recommendation to the Board of County Commissioners as to whether it is consistent with the future land use element right now based on what you hear from staff. CHAIRMAN DAVIS: Okay. Mr. McIntosh? MR. MCINTOSH: Thank you, Mr. Chairman. My name is Shane McIntosh. I addressed you about a year ago on the same issue. Some of you are new, so I'll give you a quick history on it for those people that are new. We acquired the property in November of 196. If you -- and I'll point to this. The post office is located here. The Boritz Widom Chiropractic is located here. This is Goodlette Road and the Conservancy is down here. When we acquired the properties a little over a year ago, they were very, very dilapidated, junk everywhere. There were tenants in the buildings, but they weren't,paying the rent. Subsequent to that, we removed a lot of the overgrowth vegetation. We found boats and motorcycles in the junk that was back there. Currently they -- we've had some of the dirt removed. There's some brush and debris around the site that needs cleaned up, but the -- FP &L's doing disconnects this afternoon so that we can get dozers in there to get the rest of the debris and garbage moved out of the way there. Additionally, which is kind of interesting, about a month and a half ago there was a -- an indigent person living in the vacant lot next to the property, so -- not caused by my property, obviously. We purchased the properties with the hopes of being able to convert it to a C -1 small commercial, using it for insurance offices, accounting offices, things like that. My wife has an insurance office, Allstate Page 16 February 19, 1998 Insurance, at the corner of Central Avenue and 41. We intend to move it there, and I have an insurance office doing group health insurance and intend to move it there. Our long -term plan is to build buildings very similar to what the Boritz Widom Chiropractic has in the old Florida style. If you've lived in Naples long enough, you remember that that building looked very similar to what these buildings look now, before they went in and did the renovations, and we would hope that it would be the same as that, be an asset to the neighborhood. I am asking that we go before the Board of County Commissioners and have met with many of them and they feel that this is good for the neighborhood and good for Collier County. CHAIRMAN DAVIS: Questions of the petitioner? Thank you, Mr. McIntosh. Additional speakers? Mr. Bellows, do you have a copy of that petition yo.. could give us? MR. MCINTOSH: Good morning, Commissioners. My name is Ross McIntosh. I'm no relation to the petitioner. I live at 1470 13th Avenue North. I'm surprised, usually there's an aerial photograph when I appear at these sessions and it's possible to use that as a graphic. I was counting on that today. I do believe that this particular site is ideally suited for the proposed use. Unfortunately, the past history has indicated to me that this may not be the ideal developer of that property, but be that as it may, I am in favor of this petition. I'd like to make one observation, one principal observation, and that is that those of you who are familiar with the main post office probably recall that as you leave the post office, there are two stop signs at that exit that have orange flags tied to them. To my knowledge, those are the only stop signs in Collier County that have orange flags tied to them, and my experience as a resident of the street indicates to me the orange flags don't do a darn bit of good. People still tend to drive right through that intersection. I would also like to nominate the intersection of 13th Avenue North and Goodlette Road as the busiest non - signalized intersection in the county. There are certainly plenty of times that the traffic waiting to get out on to Goodlette through the median to turn south and waiting to turn north on Goodlette Road backs up all the way-to the post office exit so that we have a little mini traffic jam in that location. That occurs several times during the day, and certain times during the year, it occurs for extended periods during the day, so clearly, right at that throat there to 13th and Goodlette, there's a serious traffic problem. The petition indicates or the report that's indicated to you today and Mr. Kant's comments indicate that the proposition is to limit access to this site from 14th Avenue. The difficulty is that I'm afraid from what's gone on here -- we already have -- we have several code violations. The petitioner has two code violation cases currently pending. One of those relates to accumulated trash and debris. I spoke to him five months ago about the fact that he'd Page 17 February 19, 1998 pushed material out onto the sidewalk and made it so that kids couldn't get to school without getting sandspurs. I mean, I actually was out running with my wife one morning and we had to step aside so the two children walking to the elementary school could get past, and one of them was getting sandspurs. They were virtually in tears because of the sandspurs. I called and asked about that, asked the petitioner to do something about that five months ago and nothing has happened. To date, in fact, there's correspondence indicating that he intends to have it done by March 10, which, coincidentally, is the day that he appears before the County Commission, so unfortunately, what history shows is this particular petitioner couldn't care less about the neighborhood and tends -- because he started construction of the building, interior renovations without building permits anticipating your approval, it's obvious that he's trying to find every opportunity, every loophole. My concern is that unless we stipulate very clearly that the existina drive -- the existing house has a drive. It's -- you can only -- you nose in and you have to back out. It's a very difficult drive. Unless we stipulate that in his initial development, he's going to be required to complete this curb, there is a curb that runs along 13th in this location with a ramp, of course, that gets into that drive, unless we require that he curb that, you can be sure that this parking area is gonna work its way into his development plan and he's going to be using that and we will not have solved the -- the real significant problem that we can solve at this particular time. So I respectfully request that, one, you approve the petition today, but secondly, that you add a stipulation that requires that this curb be completed across here to forever preclude the petitioner using this as a parking -- for parking. Elsewhere in the application there is a reference to westbound access only to this parking lot. Again, it's been represented that there would be no access. I think we just want to be doubly sure that for this particular petitioner, we preclude that occurring at any point. He admitted to me that he cut down the pine trees on this property in the center here under residential zoning, specifically in anticipation of how difficult it would be to do so under commercial zoning, so clearly this is a guy where if you make a rule, you have to underline it in order to get him to adhere to it. Please take care of that access from 13th. Thank you very much. CHAIRMAN DAVIS: Thank you, Mr. McIntosh. MR. RICH: My name is Dean Rich. I'm a property owner on 14th Avenue North and traffic is my primary concern. I live at 1400 or 1600 14th Avenue North, depending on where you look as far as our addressing is concerned, but I'm -- I deal first with the fact that 14th Avenue North and Goodlette Road is a school crossing and I watch and have watched over the past few years, having school age children, what kind of a nightmare that crossing is. The crossing guard has difficulties. We have addressed this problem with the city county (sic) who can't really decide whose jurisdiction that particular light Page 18 .t %�W , A. February 19, 1998 is. Went through the School Board and whatever. At any rate, it's -- with traffic coming westbound off of 14th Avenue North, coming eastbound off of 14th Avenue North through that intersection, both of the busy times of the days are the school times and that -- that particular intersection is a real problem. The Boritz Chiropractic office, which is on the same corner, 14th Avenue North, now creates more parking problems than it has capacity to park cars. It's having cars parked in the right -of -way and on the road on 14th Avenue North which restricts access off of 14th Avenue North onto Goodlette. It creates problems now. Having a discharge from a parking lot right on 14th Avenue North onto -- trying to get onto Goodlette is going to just create a pure bottleneck, and I look at the traffic now that's generated by the Conservancy. There are often times when, as a resident, I cannot get in and out of my own driveway because of traffic backup on the street. The traffic has difficulty *Waking access, especially with the light control on Goodlette, making a left hand or southerly turn. The -- I don't know how that intersection could receive and absorb more traffic without literally backing up that one block area from 14th Avenue North to its designated dead end, which is at the entrance to the Conservancy. My -- my real concern here is over traffic, is over what it will bring to 14th Avenue North. The -- the possibility of further confusing people coming out of the post office on the 13th Avenue exit is greater if there's an access across 13th Avenue -- there's constantly accidents at the -- at the access lane in the median in front of the post office. The people wanting to come across through the back of the parking area and take advantage of a light, I think that's a traffic concern if there's an access to that parking from 13th Avenue. I -- I don't find any way that this particular usage can be compatible with the existing neighborhood to allow egress for either the neighborhood, the residents or the people utilizing the building. There is an -- there are two or three times a day when people cannot adequately get in and out of that street now. As far as what's happened to date, in the past week, the -- we're concerned about the neighbor we're going to have. The residents at 14th Avenue North, I don't know that this exists this morning, but for the past week, there's been mattresses in the yard, car -- furniture in the carport and other unsightly things, as the house, I don't believe, is occupied now. I hope this is not a reflection on what the new neighbor is going to be. That's of minor concern. I -- I want to go on record as strongly opposing what exists now and the traffic impact that it will bring to that area. I thank you for taking your time. CHAIRMAN DAVIS: Mr. Rich, could you amplify for me, you indicated that Dr. Boritz' office apparently is violating some -- MR. RICH: Well, I don't -- I don't know that it's a violation. I do know that there are cars parked daily in the -- in what I consider the right -of -way outside of the parking lot and you - and usually, you know, tires have to sit on the asphalt of the roan to Page 19 February 19, 1998 take in that parking. There is much more traffic there than that parking lot can handle. CHAIRMAN DAVIS: Okay. Thank you. MR. KANT: Mr. Chairman, if I may, and also perhaps for this gentleman's edification, if you're not already aware. Interesting situation with the Boritz building, the city line comes down Goodlette Road, jogs east, takes in that property, comes south to 14th and jogs west back to Goodlette Road and continues on down, so unfortunately, we have no jurisdiction. That's in the city. I believe that anomaly was created at the time the -- as somebody mentioned earlier, there was some remodeling that took place about, I'm going to say five or six years ago anyhow is my recollection, and I believe at that time, the -- it could not meet county standards, requested annexation into the city and was granted, so that particular anomaly exists. I believe that the recommendation that, I'll say the second Mr. McIntosh made with respect to the curbing and from what -- if my memor,1 serves me correctly, our recommendation for access, again, off of 14th would pretty well preclude that -- a similar type of problem from happening on this property. The county has somewhat, I believe, more stringent regulations with respect to parking and rights -of -way. MR. RICH: I'm sorry, you're the director of transportation? MR. KANT: Not yet. MR. RICH: I'm sorry, you represent transportation? MR. KANT: Yes, sir. MR. RICH: How -- how -- how will traffic be handled in an egress situation leaving the parking lot exiting onto 14th Avenue North, going to Goodlette? It will have to come out of this parking lot, I assume, here in this area behind the building, that's the plan, and make a left -hand turn to either hit the north or the right turn lane here. What the -- discharge for Boritz parking lot is also right there and the traffic leaving and entering 14th Avenue North has to come here. When this light is red, how -- what does this do to this traffic situation and what does it do in relationship to the ability of the traffic guards to allow children to cross that street? If you have spent any time or have had any experience at all with that, the way :hose lights and the walk and don't walk lighting works in that area, =here isn't a timing situation that you're going to come up with that's going to allow more than three or four cars out at a time without children present. With children present, the traffic is not going to move. It -- that's not rocket science. MR. KANT: Is there a question in there, sir? I'd like to answer the question. I'm not sure I -- MR. RICH: You're saying that you're -- you perceive no traffic difficulties at the 14th Avenue and Goodlette Road intersection? MR. KANT: No, I believe what I said was that the additional traffic from this type of use is not significant with respect to the background traffic that's already there. Therefore, you know, if that stayed as a single family home, there'd still be a number of trips going in and out of there every day. If the one on -- fronting 13th Page 20 February 19, 1998 stayed as a single family home, that would exacerbate the situation on 13th. Given all the other factors that we examined, we don't see that this is going to create -- and as said earlier, there may be a perception that it will, our opinion differs. As far as what happens to traffic that will be leaving that site, if it backs up, it will back up on that site because of the way the driveway would have to be configured. Frankly, in a commercial situation, if people have a problem getting in and out, they simply don't patronize it. Now, as I understood what Mr. McIntosh said, this is to be an insurance office. I don't know whether that means he's going to have clients coming to the office or whether he's simply going to be, you know, on the telephone a lot. If it's himself and his staff, you know, they're in there in the morning and then they're out again at night, so I'm not real sure that that's germane, but I don't want to turn this into a debate. Our opinion is that there's not going to be a significant impact on the local traffic situation, and as i say, there may be a perception otherwise and we're not here to debate that. CHAIRMAN DAVIS: Thank you, Mr. Rich. MR. KANT: And if I may, just again for the record, we don't disavow any knowledge of the traffic situation on either 13th or 14th. For whatever it's worth, we have been working with the post office for about a year and a half now to try to resolve some of the problems created by the post office in that neighborhood. It is not a good situation. we'll be the first to acknowledge that it's not a good situation. However, at the time the post office was built, which goes back better than the 20 some years I've been here, so there was probably not much way of anticipating the growth. The post office is about to open a new North Naples branch, and when I spoke with the postmaster, he indicated that approximately half of the carrier force and about half of the volume that that central office does will be transferred to the new north station up on Immokalee Road. That will be in about a year -- I think -- I'm going to say within a year or so, so that should help. Notwithstanding, the post office is quite aware of the public relations problem they have. They have taken some of the -- we spent time with them and they've taken some of the drawings and some of. the information back to the bowels of their system and they have their own way of doing things and we're -- we're waiting now for them to get back to us saying, yes, we'll spend a few dollars and fix this situation up. We're not •insympathetic to what's happening up there, but right now you have the equivalent of two single family homes, somewhere between 15 and 20 trips a day. If they were to put an equivalent size office and jack that up to the potential for a couple of hundred trips a day, when one looks at the 20 to 25,000, almost 30,000 trips a day now on Goodlette Road, again, in terms of the significance issue that we deal with from a planning perspective, I would restate, gentlemen, that that does not approach the level of significant impact. Page 21 February 19, 1998 It's significant to the people that live on the street, perhaps, but it is not on a planning level. Thank you. COMMISSIONER YORK: Mr. Chairman, in light of that, I think it's absolutely imperative, absolutely imperative that we not allow ingress to that property if we so choose to be in favor of this petition from 13th Avenue, 13th Avenue North. I think that would just create a monster problem with people coming out of the post office trying to cut through that property to get over to 14th to hit the light, so I think it's imperative that we seal that. COMMISSIONER BUDD: I would agree. CHAIRMAN DAVIS: Isn't that what the application is, for access to be limited to 14th? MR. BELLOWS: Yeah, that's staff's recommendation. CHAIRMAN DAVIS: Okay. Any other speakers on this petition? Mr. McIntosh, did you have anything you wanted to add? Any questions of the petitioner? Okay. MS. STUDENT: Mr. Chairman, I'd just like to note on page four of the staff report, it does indicate that this is consistent with our current comp. plan, the commercial under criteria, and then there's like a note that says it's also consistent with the new EAR that's not legally effective yet, so I would suggest, since that's in the staff report, you follow the criteria in our existing future land use element in making your determination, and again, that's on page four. CHAIRMAN DAVIS: Okay. We'll close the public hearing. COMMISSIONER PRIDDY: Mr. Chairman, finding that this petition is consistent with the FLUE, as stated in the staff report, I would recommend that we forward Petition R -97 -12 to the Board of County Commissioners with a recommendation of approval, highlighting the closing of access from 13th. COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: Motion of recommendation of approval by Mr. Priddy, seconded by Mr. Budd with -- and the finding that's in your motion that it's consistent with the FLUE today? COMMISSIONER PRIDDY: Yes, the current. MS. STUDENT: The current. CHAIRMAN DAVIS: All right. Any discussion on that motion? COMMISSIONER YORK: I think Mr. Priddy emphasized that -- the closure of 13th. I think that needs to be stressed. CHAIRMAN DAVIS: Any other discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Mr. Mulhere -- MR. MULHERE: Yes, sir. CHAIRMAN DAVIS: -- while parking on the street outside of the parking lots, we've been reminded that it's not -- it's in the city of Naples, but on behalf of this board, could you let Code Enforcement in the city know that it came to light and express our concern to them so that problem can be dealt with? MR. MULHERE: Yeah, I know within the county that becomes an Page 22 I A! I A - i February 19, 1998 issue for the sheriff. I'm not sure within the city whether it's Code Enforcement or the police department or if that's one and the same, but I'll certainly pass that information on. CHAIRMAN DAVIS: There's a huge fellow down at the city, his name's Gil Sherborn (phonetic) and he does a pretty good job of seeing after things like that. Thank you. He and I have discussions on occasion. That moves us to Petition PSP- 97 -20. PSP is administrative or -- MS. STUDENT: You swear. CHAIRMAN DAVIS: We swear on PSP's too? Okay. All those present here today to speak on this petition, please stand and raise your right hand so the court reporter may swear you in. (Speakers sworn.) CHAIRMAN DAVIS: Mr. :lino, we saw by your staff report that all the I's are dotted and the T's are crossed and everything's wonderful. MR. NINO: Yes. Ron Nino, for the record. The chairman is quite correct. I think you can deal expeditiously with this PSP. One of the things we look for, is it consistent with the Berkshire Lakes :Waster plan, and indeed, it is. It mirrors that plan very well. It's largely a single family project. There are people who will be happy that this portion of Berkshire will not maximize the number of dwelling units that have been authorized for it. They have -- I believe they've agreed to all of the stipulations requested by staff. In particular, you'll note that Mr. Kant asked us to consider turn lanes, and that's part of the resolution. We think we have a good solution to the PSP. We recommend that you approve it. CHAIRMAN DAVIS: Questions of staff? Does the petitioner have anything to add? MR. NADEAU: For the record, Dwight Nadeau, McAnly Engineering, representing Berkshire Capital, Inc. No, there's really nothing I can add. I was previously before you December 19th of '96 to do the first phase of this project and here I am again, ready to try and build out the rest of the site. We have our water management permits in hand and everything seems to be going fairly smoothly. We have agreed to the conditions of Mr. Kant, as well as all the other environmental conditions. If you have any questions, I'd be happy to answer them. CHAIRMAN DAVIS: Mr. Priddy? COMMISSIONER PRIDDY: And for the record, could you state how many fewer units you're going to build here than you could? MR. NADEAU: For the record, I can't give you an exact number. We're -- we've got a total of 314 single family on the -- this particular Parcel E. I believe we're allowed 360. We've got 188 multi - family units that would be in the northeast quadrant of the -- the parcel and I believe it's allowed to go up to 300. CHAIRMAN DAVIS: You'll have to appreciate Mr. Priddy as our keeper of the units. MR. NADEAU: I see. CHAIRMAN DAVIS: Thank you. COMMISSIONER WRAGE: Have you figured out how many units we did Page 23 1.6(-;1 -41' February 19, 1998 save there? CHAIRMAN DAVIS: Sounded like about 50 or something. MR. NADEAU- No, you've saved like 300. MR. NINO: Couple of hundred. COMMISSIONED, PRIDDY: More than that. Thank you. CHAIRMAN DAVIS: Seeing no one else to speak on this petition, I'll close the public hearing. Motion? COMMISSIONER BRUET: Mr. Chairman, I recommend we approve PSP- 97 -20, Phase 2. COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Bruet, seconded by Mr. Budd. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. MR. NADEAU: Thank you, Commissioners. CHAIRMAN DAVIS: Which now brings us to PUD -87- 14(3) COMMISSIONER BUDD: Which apparently no one cares about. COMMISSIONER PRIDDY: Can we continue this? CHAIRMAN DAVIS: I'm sure -- COMMISSIONER PRIDDY: Oh, there's Mr. Reynolds. I only saw the newspaper reporter. I'm sorry. CHAIRMAN DAVIS: I'm sure Mr. Nino's going to be brief. I'm sorry, would all those -- all two or three people present that are going to speak on this petition, please stand and raise your right hand so you may be sworn by the court reporter. (Speakers sworn.) MR. NINO: Ron Nino, for the record. The petition that's before you asks you to recommend an expansion of the allowable floor area in the Wilson Professional Center. As you can see, this is a relatively easy petition. The staff report is only three pages long, pretty straightforward. The petition currently allows 60,000 -- 65,000 square feet and they're asking for an additional seven. We've received no letters of opposition. We've had a couple of phone calls. After explaining the petition, obviously those people decided not to object to it, you know. The comprehensive plan does not address the issue of how much floor area you can have in a commercial area, so•we don't have a consistency issue here. We recommend approval. CHAIRMAN DAVIS: Any questions of staff? Does the petitioner's representative have anything to add? Thank you. I'll close the public hearing. Motion? COMMISSIONER YORK: Mr. Chairman, I move we approve PUD -87- 14(3). COMMISSIONER URBANIK: Second. CHAIRMAN DAVIS: Motion of recommendation of approval by Mr. York, seconded by Ms. Urbanik. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: That carries unanimously. Page 24 1 � i February 19, 1998 There being no further business before this Planning Commission, we are in adjournment. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:42 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL A. DAVIS, CHAIRMAN These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Heather L. Casassa, RPR Page 25 i Norris __-- -- RECF \1Fr Hancock Constantine �--- � �� Mac'K ie � � — AGENDA '�hF f; )qq U Berry COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 2, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE:ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS 130ARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: March 5, 1998 4. PLANNING COMMISSION ABSENCES: Ca ,f�_ ` 5. BCC REPORT i J G. CHAIRMAN'S REPORT 7. ADVERTISED PUBLIC HEARINGS: A. Petition No. BD -98 -8, Rudolph Bartholomew representing Naples Cruise Club requesting a 74.9 foot boat dock extension from the required 20 feet to 98.9 feet for property located at the northern tip of Little Marco Pass in Section 24, Township 51 South, Range 25 East. (Coordinator: Chahram Badamtchian) B. Petition No. V -98 -4, Robert L. Duane of hole, ,Llontes & Associates, Inc., representing Naples Community Ilospital. requesting a 30 foot variance from the required 30 foot setback to 0 feet from a common perimeter property line for properties located on S.R. 846, in Sections 22 and 23. Township 48 South. Range 25 East. Collier County. Florida. (Coordinator: Susan Murray) C. Petition No. PUD- 88 -6(1), Karen Bishop of Project Management Services of Naples, representing Ronto Golf Estates. Inc., for the purpose of amending Naples Golf Estates PUD by changing the nL ne to Forest Glen of Naples: by changing reference to owners; correcting the legal description; updating the document to reflect the current Land Development Code requirements and terminology; and revising the Master Plan to reflect current preserve and residential tract boundaries for property located on the southeast corner of C.R. 951 and Davis Boulevard in Section 2, Towrship 50 South, Range 26 East, Collier County, Florida. (Coordinator: Ray Bellows) 1 D. Petition No. PUD- 86 -7(1), William vines of Vines & Associates, Inc., representing Richard K. Bennett. Trustee. Land Trust 5222, requesting an amendment to thc.T%velve Lakes PUD, Ordinance No. 87 -4 for the purpose of reducing the number of authorized dwelling units and establishing a maximum gross floor ar ^a for commercial development for property located on the north side of Davis Boulevard and south side of Radio Road one -half (1/2) mile east of Santa Barbara Boulevard in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Ron Nino) E. Petition No. PUD- 96 -12, J. Gary Butler, P.E., of Butler Engineering, Inc., representing Royce 0. Stallings, Jr., requesting a rezone from "A" to "PUD" to be known:as Bcmbridge PUD for a maximum of 281 multi- family dwelling units, a 10,000 square foot church facility and a nursing home with 26 units per acre (130 beds), for property located on the east side of Santa Barbara Boulevard. approximately 14 mile north of Davis Boulevard, further described as the northwest'/. of the southwest'/. of Section 4. Township 50 South. Range 26 East, consisting of 40.25 acres. (Coordinator: Bryan ,Milk) (Continued from the meeting of March 19, 1998) F. Petition No. PUD -86- 22(1), Dr. Neno J. Spagna, of Florida Urban Institute, Inc.. 'representing Peter Longo and Mark Longo, requesting a rezone from PUD to PUD, for the Planned Unit Development known as Pine Ridge Center by amending the PUD as required by Section 2.7.3.4 of the Land Development Code for property located on the south side of Pine Ridge Road (C.R. 896) approximately Y. mile west of 1 -75. in Section 18. Township 49 South, Range 26 East, consisting of 8.73 acres. (Coordinator: Bryan Milk) G. Petition No. PUD -88- 11(1), Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Anthony I'. Jancigzr, Trustee, requesting a rezone from PUD to PUD, for the Planned Unit Development known as Pine Ridge Center West by amending the PUD as required by Section 2.7.3.4 of the Land Development Code for property located on the south side of Pine Ridge Road approximately '/, mile west of I -75, in Section 18, Township 49 South, Range 26 East, consisting of 8.87 acres. (Coordinator: Bryan Milk) H. Petition No. V -98 -3, Anita L. Jenkins of Wilson, Miller, Barton & Peck, Inc., representing Naples HRS Partnership requesting a 6 foot variance from the required side yard of 15 feet to 9 feet for property located at 215 North Airport Road, further described as tract "B" of Airport Road Plaza, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) 1. Petition No. CU- 97 -27, William L. Hoover, AICP, of Hoover Planning Shoppe and Beau Keene, P.E., representing Golden Gate Assembly of God Church, requesting Conditional Use "I" of the "Ei" Estates zoning district for reconfiguring the property boundaries of an existing church and for addition of buildings and parking for property located on the northeast corner of 39' Street S.W. and 29ch Avenue, S.W., in Section 26, Township 49 South, Range 26 East, consisting of 5.07 acres. (Coordinator: Fred Reischl) J. Petition No. CU -98 -2, Kim Patrick Kobza, Esquire, of Trciser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting a Conditional Use "4" of the C -4 zoning district for a used car lot for property located on Golden Gate Parkway, east of 50'h Street S. W. and west of Tropicana Boulevard, in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of 0.57 acres. (Coordinator: Fred Reischl) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 4/2/98 CCPC AGENDA/md 16 G 1 01'W. March 5, 1998 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 5, 1998 LET IT BE REMEMBERED, that the Collier County Planning commission in and for the County of Collier, !having conducted business herein, met on this date at 8:30 a.m. In REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael A. Davis Russell A. Priddy Karen Urbanik Michael J. Bruet Donald J. York Edward J. Oates Michael Pedone Gary Wrage ABSENT: Russell A. Budd ALSO-PRESENT: Marjorie M. Student, Assistant County Attorney Ron Nino, Planning Services Edward Kant, Transportation Services Page 1 AGENDA 16',11' COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 5, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI 'TRAIT, EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF T* PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: January 29, 1998 and February 5, 1998 4. - PLANNING COMMISSION ABSENCES: 5. BCC REPORT CHAEZNIAN'S REPORT ADVERTISED PUBLIC HEARINGS: A. Petition No. BD -98 -1, Miles L. Scofield, representing Donald M. Churilla requesting an 18 foot boat dock extension to allow for two (2) boat slips and two (2) boat lifts protruding 38 feet into the waterway, for property located at 80 Southport Cove, further described as Lot 10, Southport On The Bay, Unit 1, in Section 6, Township 48 South, Range 25 East. (Coordinator. Chahram Badamtchian) (Continued from the meeting of February 19, 1998) B. Petition No. PSP- 97 -19, Robert L. Self, representing Lake Trafford Independent Baptist Church. Inc.. requesting Preliminary Subdivision Plat approval for five mobile home lots to be known as the Carson Road lvWUle Home subdivision located on Carson Road at Curry Road, in Immokalee, Section 31, Township 46 Svath.1 ange 29 East, consisting of 3.41 acres. (Coordinator: Ray Bellows) C. Petition No. PUD- 89- 41(1), Bruce Tyson, AICP of Wilson, Miller, Barton & Peck. Inc., representing Shoppes at Santa Barbara, Inc., requesting a rezone from "PUD" to "PUD ", for the Planned Unit Development known as Shoppes at Santa Barbara by amending the PUD as required by Section 2.7.3.4 of the Land Development Code for property located on the northeast corner of Davis Boulevard and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East. (Coordinator: Susan Murray) 1 D. Petition No. PSP- 96 -14A, Gary Butler of Butler Engineering, Inc., representing Rick !McCullough, requesting an amendment to the Preliminary Subdivision Plat known as Sawgrass Subdivision. by deleting the requirements for sidewalks, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) E. Petition No. R -98 -1, Community Development & Environmental Services Division, representing the Collier County Board of County Commissioners, requesting a rezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Neapolitan Park PUD located in the northeast corner of the intersection of Davis Boulevard and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, consisting of 20 acres, more or less. (Coordinator: Fred Reischl) F. Petition No. CU -92- 16(1), Cotnrmtnity Development and Environmental Services Division representing the Collier County Board of County Commissioners requesting the deletion of Condition "c" as contained in Resolution Number 93 -129, which approved CU- 92 -16, far property located on the south side of U.S. 41, one mile west of S.R. 29, in Sections 26 & 27, Township 52 South, Range 29 East, consisting of 1,016 acres, more or less. (Coordinator: Fred Reischl) G. Petition No.- PUD -87- 31(3), Timothy W. Ferguson and Dominic Gadaleta representing SJG Land Trust, requesting a,rezone from "PUD" to "PUD" for the Planned Unit Development known as Gadaleta, having the effect of amending the Gadaleta PUD in response to requirements of Section 2.7.3.4 of the Land Development Code, Resolution 97 -134, for property located on the west side of Old Tamiami Trail North/Old U.S. 41 North (C.R. 867) and immediately contiguous the Lee County boundary line in Section 10, Township 48 South, Range 26 East, Collier County, Florida, containing 19.3 acres, more or less. (Coordinator: Ron Nino) (Continued from the meeting of February 19, 1998) H. Petition No. PUD- 92 -5(2), Mark W. Minor of Q. Grady Minor & Associates, P.A., representing Comraunity Development Corporation of Sterling Oaks, requesting an amendment to the Sterling Oaks PUD, Ordinance No. 92 -79, as amended, for the purpose of clarifying development standards establishing setbacks, and space between buildings for property located within the Sterling Oaks PUD which is located south of the Lee County line between U.S. 41 and Old 41, in Section 9 & 10, Township 48 South, Range 25 East, Collier County, Florida, containing 247.89 acres. (Coordinator. Ron Nino) (Continued from the meeting of February 19, 1997 I. Petition No. PUD- 87- 40(3), Douglas a. Wood of Siesky, Pilon & Wood representing Falling Waten Beach Resort, Limited, requesting an amendment to amend the Woodfield Lakes PUD for the purpose of changing the name of the PUD; to delete a stipulation requiring an access road from the project to U.S. 41 East (Tamiami Trail East) and to rezone 2.5 acres from "A" Rural Agricultural to "PUD" Planned Unit Development and to incorporate same into the renamed PUD for property located cast of C.R. 951 and on the north side of U.S. 41, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 69.32 acres, more or less. (Coordinator: Ron Nino) Petition No. PUD- 91 -2(1), William R. Vines of Vines & Associates, Inc., representing Robert S. Hardy, requesting a rezone from PUD to PUD having the effect of amending the Northbrooke Plaza to increase the amount of gross floor area devoted to retail/service/offices; revising the number of development tracts from three to two; making other changes tot he PUD to reflect changes that have occurred since the PUD was first approved, and to update references to those in effect, and to amend the Master Plan for property located in the northwest quadrant of I -75 and Naples- Immokalee Road (C.R. 846), in Section 19, Township 48 South, Range 26 East, containing 43 acres, more or less. (Coordinator. Ron Nino) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 3/5/98 CCPC AGENDA/md 1. 6 G 1 March 5, 1998 CHAIRMAN DAVIS: I'll call this meeting of the Collier County Planning Commission to order and begin by calling the roll. Mr. Priddy. MR. PRIDDY: Here. CHAIRMAN DAVIS: Ms. Urbanik. MS. URBANIK: Here. CHAIRMAN DAVIS: Mr. Budd. Mr. Bruet. Mr. Davis. Here. Mr. York. MR. YORK: Here. CHAIRMAN DAVIS: Mr. Oates. MR. OATES: Here. CHAIRMAN DAVIS: Mr. Pedone. MR. PEDONE: Here. CHAIRMAN DAVIS: Mr. Wrage. MR. WRAGE: Here. CHAIRMAN DAVIS: Any addendas to the agenda? We'll mutually, I know, welcome Mr. Ron Nino to a new seat here at the Planning Commission meetings. Congratulations on the interim position. MR. NINO: Interim. CHAIRMAN DAVIS: I'm glad to have you with us, Ron. MR. NINO: I would like to call it acting. CHAIRMAN DAVIS: Acting? MR. NINO: Acting. CHAIRMAN DAVIS: Okay. As we may have seen in the newspaper, Mr. Mulhere has been promoted and Mr. Nino is filling that position working with this group. I wish you all the luck in the world, Ron. MR. NINO: Thank you very much. CHAIRMAN DAVIS: You'll keep us all on an even keel. MR. NINO: I look forward to it. CHAIRMAN DAVIS: Approval of minutes. We've had two sets in our agenda package. MR. OATES: So moved. MR. YORK: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Oates, seconded by Mr. York. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. Any absences coming up for anyone? MR. YORK: I will not be here the first meeting in April. I will be in California. CHAIRMAN DAVIS: Okay. Let the record show that Mr. Bruet has arrived. Mr. Nino, anything in the way of a BCC report; anything going on that we should know about? MR. NINO: I have nothing to report at this time. CHAIRMAN DAVIS: I think the one thing we've kind of got hanging Page 2 March 5, 2998 is scheduling our meetings for the next cycle of the LDC. I don't recall if -- I think we talked about April or May. MR. NINO: I believe it is tentatively scheduled for April and May. I will get back to you at your next meeting and give you some specific dates. CHAIRMAN DAVIS: Yes. Our second meeting in March that would probably be a good time for us to pin those down and know when we're going to do them.. In the way of a Chairman's report, one Let of minutes that we had was for our joint meeting with the Naples Planning Advisory Board. And I'm told by Mr. Mulhere that something that's come from that is a discussion between City staff and County staff about some common road corridors between the County and the City. And we'll probably be scheduling another joint workshop to work on a -- a plan along those lines that would subsequently be presented to the two elected bodies of both the City and the County. So apparently some good things have come from that and it's going to take us on down the road further with some -- with the relationship with the City. With that -- MR. KANT: :4r. Chairman, just a -- CHAIRMAN DAVIS: Mr. Kant. MR. KANT: If I may have just a moment of your time, sir. For the record, Edward Kant, Transportation Services. I have what I guess is good news and bad news depending upon which side of the fence you're looking at. The -- well, the gocd news is, I guess, that this is probably going to be my last active meeting in front of this Commission. The bad news, depending, again, on your point of view, is that I have -been selected to be the Transportation Services Director. So that means I have to find a replacement. If anybody knows any engineers floating out there, let me know. But I will try to maintain some continuous contact until we even out our own staffing issues. But I wanted to just let you know that there are changes taking place in the Transportation Services Department and we're going to do our best not to have those affect anything that comes before this Board in terms of continuity or in terms of policy issues. I also want to thank you very much for sometimes putting up with an information overload. Thank you. CHAIRMAN DAVIS: Thank you. MR. YORK: Congratulations. CHAIRMAN DAVIS: Congratulations to you, Mr. Kant. We look forward to continuing to work with you or whoever you send to the meeting. And your information, as I am sure you know, is very helpful to us in making our decisions. CHAIRIQ%N DAVIS: Petition BD -98 -1. MR. MULHERE: Mr. Chairman, may I just add something in that vein? I think probably most of you know, but Wayne Arnold has left the County. His last day was last Thursday. My first official day as the Planning Director was Monday. Page 3 March 5, 1998 And Mr. Nino, as you can see, is taking over in my capacity currently as the interim planning manager, but we're getting that position posted and we'll fill it permanently very shortly. I leave the duties of the current planning manager in extremely capable hands in Mr. Nino. I am sure you Will see me from time to time, but I also will not be here as much as I was because -- boy, all of a sudden there is huge demands on my time. CHAIRMAN DAVIS: I can imagine. We noted just before you arrived that we look for a lot of wisdom from Mr. Nino with the amount of gray hair he has. MR. MULHERE: That's right. And seeing as how I have little hair MR. YORK: '!ou have too many kids. MR. BRUET: We'll truly miss those eloquent staff reports. MR. :�fULHERE: Oh, no. He's still -- he's still going to be doing staff reports. CHAIRMAN DAVIS: As a community we are getting our monies worth. Thank you, Mr. Mulhere. * ** petition BD -98 -1. I would ask all those present that are going to be testifying on this petition to please stand and raise your right hand so the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Chahram. MR. BADAMTCHIAN: Good morning, Commissioners. Chahram Badamtchian from the Planning Services staff. As you may recall, the Planning Commission heard this petition two weeks ago and continued and requested that the petitioner revise the drawing showing only one dock, which they have done. The staff recommends approval. And, unfortunately, by the time I received the drawings your packet was printed and mailed to you Therefore, I have to hand deliver this to you. CHAIRMAN DAVIS: Thank you. MR. BRUET: I have a question. CHAIRMAN DAVIS: Mr. Bruet. MR. BRUET: The owner on the staff report is a Donald Churilla. The application has a Jeffery Krozek. And the staff report shows lot ten and the applicant is described as lot eight. There's some disparity. CHAIRMAN DAVIS: We'll get to that. MR. BRUET: Okay. MR. BADAMTCFIIAN: I can explain that. MR. NINO: And it's listed as lot ten on the plat. MR. BADAMTCHIAN: Let me explain that. I was having the secretary grabbed the wrong file. That is for the lot The application. MR. BRUET: This is for eight; is that correct? AMR_ BADAMTCHIAN: Yeah. CHAIRMAN DAVIS: Actually Chahram's wife had a baby. MR. BADAMTCHIAN: Yeah. That's right. CHAIRMAN DAVIS: And it already shows, Chahram. Page 4 a baby and next door. / . I l i. • "! 4F �, a March 5, 1998 MR. BADAMTCHIAN: I suffered more than she did. MR. PEDONE: I somehow doubt that. MR. BRUET: Is Churilla then the applicant or is it -- MR. BADAMTCHIAN: No. The applicant is Mr. Donald Churilla and the agent is Mr. Scofield.. MR. BRUET: Who is Jeffery Krozek? MR. BADAMTCHIAN: Jeffery Krozek is the neighbor. He applied for a similar boat dock -- it was two years ago. And I had his application in my file in case you ask a quelstion whether or not there are similar docks in the area. The secretary grabbed the wrong application. MR. BRUET: Okay. Now I understand. CHAIRMAN DAVIS: All right. MR. BRUET: I hope you don't have a large family. CHAIRMAN DAVIS: I think those first ones are always the toughest. All right. So what we have presented to us then is exactly what we asked for last time around. With that, would the petitioner's representative like to make a presentation? MR. SCOFIELD: Good morning. My name is Miles Scofield representing Don Churilla, the owner. This is a follow -up to the meeting we tabled the last time that we had extended. We did eliminate one of the walkways. You have the drawing in front of you, okay? We went to one walkway eight feet wide with a lift on each side. We centered it on the lot as best we could. We did move it more towards the east to -- and angle it away from the owner in the corner there, lot nine, to give them more access. The owner has agreed to do this and we've complied we think with the requbsts of the neighbors. If you have -- if you have any questions, I'll be glad to answer them. CHAIRMAN DAVIS: Questions of Mr. Scofield? MR. YORK: No. Well done. CHAIRMAN DAVIS: Thank you. Anyone from the public that would like to speak? Please come forward and identify yourself for the record. MR. KROZEK: Hi. My name is Jeff Krozek. I'm the owner at lot eight. I received a fax from my neighbor in New York. He is in lot nine. Maybe somebody could read this for him because he can't make it today. Is there -- CHAIRMAN DAVIS: If you give it enter that into the record. MR. KROZEK: Thank you. CHAIRMAN DAVIS: Go ahead. MR. KROZEK: Basically, you know, other day from Chahram it appears that about, but it's still -- something is how here. Basically what we talked about to the County Attorney, we'll when I got this faxed to me the it looks like what we talked wrong. And I can explain to you is that second boat lift would Page 5 March 5, 1998 have to be out there like 20 feet in order to be okay. It's sitting out there 30. And then we talked about a six foot wide dock. It's eight foot wide and we're going 35 feet from the edge of the shore. Now, if you see the house they're building there -- see those setback lines, okay? As you see, we're probably from this drawing 50 feet off of that setback line. That's -- I-think the width of this room is maybe 40 feet. If you imagine the shoreline, it's coming out into a canal this far. That's a lot of dock out there. Basically what I have done is I took a bicture standing on my boat at lot eight. I've got the center line of the bow of my boat -- you can see where it intersects the property of lot eight and nine. His extension would be equivalent of mine being like a 70 foot. We'll pass this around. You'll see what I mean when you see it. CHAIRMAN DAVIS: If you'd hand it to Ms. Student. MR. KROZEK: Because it's the way that we have a closed angle, but I didn't -- I didn't come down here just to complain. I came down with an answer, too. I sat down for about two days trying to figure cut how to do this. And where the problem stacks up is the second boat lift. That's obvious. So what I've done is I drew it in where he would have to come no more than 20 feet off of the shoreline. So that would be coming out from shore 20 feet into the water, which at that point there's still got to be at least ten feet of water. The water wouldn't be an issue. The most important thing is the center line of the hoist projected to the shore what the length of line is. And maybe we could pass this drawing around. And what I have done is I X'ed out -- I blew this up exactly two times size off of that drawing. And you can see the X'ed out part is 35 feet out. If it pulls into 20 feet, this angle stacks up to almost 45 degrees to the property line. And since the property comes in tighter to lot nine, he could get -- there is a 31 -foot length of line on the one boat. If this still doesn't work, that second hoist should be scrapped and just put davits in there because you're not going to be able to put like two 35 -foot boats in there. It ain't going to happen. There is no room for it. With that protruding that far out into the water, it's going to create a problem. And I think -- you know, from the picture you can see how the lot comes out once you come that far out into the water. That's actually a channel. -way with two -way traffic. It would be the equivalent of driving down Fifth Avenue and the cars are parked parallel and all of a sudden one is turned perpendicular. Now what? Where do you go when there is traffic and everything? So basically that 20 -- that does work. And this is to scale. And Z t6,ink basically what we have here is -- this drawing that's on the s *arvej- you can start seeing how far from that traverse line that this thing does come out. It's close to 50 feet. That's a long ways by any standard. Because even my hoist is -- I have a 32 foot that is actually built. And that comes from that traverse line on my property. That Page 6 March 5, 1998 is about where :he waterline is. So this is -- it stacks up quite a ways. But basically that's -- that's the big concern. And I think by John's letter from lot nine there, if you review what he says, lie's just reaffirming what I say. It's a safety issue. It really is. And that's why I'm down here. CHAIRMAN DAVIS: Excuse me? Have you provided a copy of your drawing to the petitioner's representative? - MR. KROZEK: I just got this the other $ay -- CHAIRMAN DAVIS: Okay. MR. KROZEK: -- faxed from Mr. Chahram. As I said, I just drew this up over the last two days. And I figure I should present it to you, the County, because you have jurisdiction over this. And it is a problem. It needs to be addressed. You know, you're going to have to do something like this or if they can just take that second hoist -- maybe it should just be davits. You know, hang davits off that dock and just get that boat and lift it up. There is less structure in the water then. Just cables and pilings and -- you know what I mean? So I think that 20 feet is important because that sets up about the rest -- of how the rest of these boats are set in there. Like I said, if we get one that is twisted too far out -- too far out into that channel it's going to create a problem. CHAIRMAN DAVIS: Thank you. Is there anyone else to speak on this petition? Maybe we can -- Mr. Wrage when you're done with the drawing that was presented to us, we can hand it to over to Mr. Scofield so lie can take a look at it. -MR. SCOFIELD: I have not seen it. CHAIRMAN DAVIS: Mr. Badamtchian, this boat dock extension request is -- and with your accompanying recommendation of approval is within what's allowed in the LDC to be requested? MR. BADAMTCHIAN: Correct. Mr. Krozek has a 32 -foot boat dock. His boat dock is also measured from mean high waterline and not from traverse line. I have a copy of his survey here. CHAIRMAN DAVIS: Okay. Mr. Scofield. MR. SCOFIELD: Yes. I just -- I'm looking at this now. I do a lot of this work and there is absolutely no truth that this thing is sticking out past what it shows. It is what it is. It's on a plat. It's on a survey. We're requesting a 35 -foot extension. The dock is going to stick out from the main point about 34 feet. And we always have to measure from the -- if you look at the plan, 35 feet is measured from the boat dock from the lift on the west side. When the planning staff looks at these things they usually try to pick the f,ir_trest point away. A foot or two foot doesn't matter. The waterway here is over 170 feet wide. Coming in at an angle it doesn't obstruct traffic. There is plenty of room for navigation. Whether you come in parallel or perpendicular, the boats come in. It has nothing to do with Page 7 1 �� r 1 -1 Aw March 5, 1998 obstructing traffic. A lot of these docks in this area are eight feet wide. A lot of them are parallel to the shoreline. They're eight feet wide. We went from two docks down to one servicing those two lifts. We believe that eight feet wide is not that big of a dock.' That's a pretty common width for most docks. The other thing is about two lifts sticking out. You have -- whether one lift is sticking out past the 20: feet or not, we have a lift on the west side that is housing a big }boat. That's approximately a 32, 34 -foot boat that the owner had -- that the owner is going to get. On the other side we're putting in a small boat. Probably an 18 to 21 -foot boat. It does not stick out any further. So the reason of davits or a vertical lift or any other type of lift makes no difference. The larger boat -- we're only asking out for the extension, which is 35 feet. Nothing can go past that. So a lot of this stuff just doesn't make a lot of sense. We have a good plan. We've reworked this. The owner has been -- you know, tried to do it in accordance with the neighbors' wishes. So if you have any questions, the owner is here this morning. I think it's pretty straightforward and simple. CHAIRMAN DAVIS: Any questions? Mr. Bruet. MR. BRUET: In your estimation then, Rocky, we show some good depths here of five feet down to nine feet basically at the center. This is the very minimum extension that you need. It appears to me that mean and high water are not at issue here. It's boat size as opposed to tide fluctuations. MR. SCOFIELD: Well, it's boat size. Number one, I usually ask for a couple more feet. Like when I did Mr. Krozek's we asked for and got a 34 -foot extension on his dock. We only built it out to 32 feet. Sometimes when we have a spot survey and they come out and if I'm a foot over, we're in trouble. 24R. BRUET: Yes. MR. SCOFIELD: That's why I always ask for a couple more feet than we usually build it out to. If we were to swing this boat parallel into the shoreline, we could probably take off several more feet aff the distance out and still have room, that is correct. And the owner doesn't mind doing it, but what -- the plan that we have come -- the plan that we have given you is trying to get along with the corner lot, which is number nine. Now if you see that lot, they have a real concern. They are an inside radius. They're very small -- they have very small frontage on the water. If we were to build parallel and come out to our 15 -foot setbacks and put in our lift there, the owner of lot nine will have a lot more problems gel_ting into their dock. They will have to build out perpendicular also to get in a lift. Bringing a boat -- if they're going to come into a lift. If they're not, then they're okay. But if they do want to put in a lift at a future time -- they are not here full -time. They are here part -time. But I would assume Page 8 March 5, 1998 someday they're going to want a lift there. And at that point -- that's why we have shifted it more to the east and we've angled it. So that owner -- yes, we can change our plans and go out parallel and maybe come in a few more feet, but it's going to block more to neighbor number nine, lot nine. CHAIRMAN DAVIS: Any other questions of the petitioner? Anyone else to speak on this petition? MR. CHURILLA: Good morning. My name is Don Churilla. And I am, in fact, the owner of lot number ten. I hadlmet with Mr. Krozek a few weeks ago and attempted to reconcile this matter when he voiced concerns. He assured me when we walked the property that the drawing as you look at it today was acceptable. In fact, when I drew it and initially had the two walkways he told me that was acceptable if we angled it to accommodate lot nine. Apparently, that wasn't true. I was out of town when this meeting was conducted two weeks ago when Mr. Krozek came here and objected. I heard nothing from him. I've heard nothing from him to this moment. I have talked to the owners of lot nine. In fact, I sent them this revised plan, as well. And I believe their name is Faratzis. Ms. Faratzis was here two weeks ago. I met with her subsequently. She expressed to me she has no objection to this proposed plan with two docks. The neighborhood is such that people have offshore boats, as I do. In addition, they have backwater boats. This is a backwater area, as well as an offshore area. My family wants to enjoy the same thing that everyone else in the community is enjoying. Nothing more, nothing less. -We're asking for a dock that is going to take up space measured from a mean high waterline. The same starting point that everyone measures from. We're asking for basically what everyone else -- what Krozek has. He has a 34 -foot extension approved by this Commission two years ago. We're asking for one 35 feet so we have a foot to play with. As Mr. Scofield said, whether my dock is parallel to the shoreline or perpendicular isn't going to make any difference. To be honest, as it's drawn now I'm accommodating lot nine, which is an owner that bought -- that bought frontage which is very narrow. They're on a pie- shaped lot. If you continue to draw their property lines out into the water -- excuse me. If you were to continue to draw their property lines out into the water, they could never meet the 15 -foot side -yard setback requirements. They could never put a hoist in. I have no objections to their putting a hoist in. I have no objection to their usurping the 15 yard setback requirement. I.h_nught an 80 -foot wide lot, a simple lot to build on, and I don't tr.mk, that it's proper for people to come here and say, "Well, because I bought something less and may have paid less -- I don't have as much frontage -- I should be able to infringe upon your right to go ahead and develop your property within the parameters of the law." Page 9 �n�� < March 5, 1998 I recognize that I'm asking for a variance, but I don't see anything that is offensive here. The property -- the waterway, as Mr. Scofield has mentioned, is 170 feet wide there. We're asking for 35 feet from mean high water. And I would respectfully request that it be approved. If anyone has any questions, I will be-happy to answer them. CHAIRMAN DAVIS: Questions of the owner? Thank you, sir. MR. CHURILLA: Thank you. CHAIRMAN DAVIS: Just something very brief if you want to come back up. MR. KROZEK: Okay. I have a second picture. CHAIRMAN DAVIS: Re- identify yourself, if you would, please. MR. KROZEK: Jeff Krozek from lot ten. And I have a second picture of what that channel looks like, the way the lot is turned and how that channel comes in. If you pass this around, it will pretty much explain itself. CHAIRMAN DAVIS: Give that to Ms. Student. Anyone else to speak on this petition today? Seeing none, I will close the public hearing. MR. BRUET: Mr. Chairman, I recommend we approve BD -98 -1 in accordance with stipulations by staff. MR. YORK: Second. CHAIRMAN DAVIS: Discussion on the motion? All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. -And before the petitioner -- Mr. Scofield. I'll remind you the applicant should be aware that the boat dock petition may be appealed by an affected property owner within 14 days of this hearing. And, therefore, the applicant proceeds with construction at his or her own risk during this period. Thank you. MR. SCOFIELD: Thank you. MR. CHURILLA: Thank You. * ** CRAIRMA14 DAVIS: Petition PSP- 97 -19. Do we swear people in, Ms. Student, on a PSP? MS. STUDENT: Yes, we do. CHAIRMAN DAVIS: I thought we pretty much did on everything. I would ask all those present on this petition to please stand and raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) MR. NINO: Mr. Chairman, my name is Ron Nino. I am presenting the petition on behalf of Ray Bellows who is unable to be here today. This petition is for an approval of a preliminary subdivision plat. It's not a very large plat as you will have noted from Ray's report. It merely establishes five lots from a larger parcel in Immokalee that you recently dealt with on another matter. All of the lots are designed in accordance with the underlying Page 10 March 5, 1998 zoning district per a mobile home zoning district. The concerns of staff relative to insuring that as this -- these lots are developed their actions remain consistent with provisions of the Land Development Code. The resolution for adoption includes those stipulations making sure that that relationship exists. Staff recommends approval. CHAIRMAN DAVIS: Questions of staff? Does the petitioner have anything to present? MR. SELF: No, sir. T CHAIRMAN DAVIS: Okay. Any questions of the petitioner? Anyone else to speak on this petition? Seeing none, I'll close the public hearing. Motion? MR. OATES: Mr. Chairman, I move we -- I recommend we approve Petition PSP- 97 -19. MR. PRIDDY: Second. MR. BRUET: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Oates and seconded by Mr. Priddy. I think he just beat you. MR. BRUET: Okay. CHAIRMAN DAVIS: Discussion? All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. * ** Petition PUD -89- 41(1). Once again, all those present that want to speak on this petition please stand and raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Ms. Murray. MS. MURRAY: Good morning. Susan Murray with the Planning Services Department. The Shoppes at Santa Barbara PUD is located at the northeast corner of Santa Barbara Boulevard and it was originally approved in 1989. In May of 1997 pursuant to the PUD sunset provision of Section 2.7.3.4 of the Land Development Code the PUD was brought before the Board of County Commissioners for review and possible extension. At that meeting it was the Board's opinion that specific permitted uses originally approved in the PUD may presently be incompatible with the type of residential development which has occurred in the area since the PUD's original adoption. At that meeting the Board of County Commissioners approved a motion giving staff direction to use a six -month period to work with the petitioner to amend the PUD to remove uses that they deemed incompatible. Specifically those were fraternal and social clubs, self- service laundries, nightclubs and private clubs and to amend the permitted use of car washes to allow for enclosed car washes only and to prohibit automobile repair services. Based on that information, this is why we are before you today. There is no proposed changes to the PUD master plan and no other changes, other than what I read to you. I received no correspondence. Page 11 March 5, 1998 I'm happy to answer any questions if you have.them. CHAIRMAN DAVIS: So the Board directed that something be done, it's been done and here we are. MS. MURRAY: That's correct. MR. BRUET: Exactly as the Board requested. MS. MURRAY: That's correct. CHAIRMAN DAVIS: Anything to add Mr. Tyson? MR. TYSON: No. CHAIRMAN DAVIS: Anyone to speak -- oth4r people to speak on this petition today? Seeing none, I will close the public hearing. Motion? MR. YORK: Mr. Chairman, I move we forward PUD -89 -41(1) to the Board of County Commission for recommendation of approval. MR. PEDONE: Second. CHAIRMAN DAVIS: A motion for recommendation of approval by Mr. York and seconded by Mr. Pedone. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. * ** Next up, PSP- 96 -14A. I would ask all those present that may want to speak on this petition to please stand and raise your right hand so you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Reischl. MR. REISCHL: Good morning, Commissioners. Fred Reischl, Planning Services. This is a request for an amendment to a PSP that appeared before you last October. If you recall, this is north of Immokalee Road and east of Cypress Way East basically adjacent to the Palm River /Willoughby Acres area, the Sawgrass subdivision. And in the approval last October after some discussion the request to remove the requirement for sidewalks was denied and you left a five -foot sidewalk on both sides of the street in the resolution. Mr. Butler, the petitioner, is requesting separately now an exception from that portion of the subdivision regulations requiring sidewalks on both sides of the street. In your packet you'll also see a memo from the MPO that supports the decision that you made last October for the retention of the sidewalks. And I received a visit from a member of the Palm River Homeowners' Association supporting the retention of the sidewalks. And I received a request for more information from Commissioner Hancock with no for or against. Just a request for information. Staff still recommends what you approved last October. Mr. Butler is going to make his case for the removal of the sidewalks. CHAIRMAN DAVIS: Okay. Questions of Mr. Reischl? KR_ BRUET: I have a couple. CHAIFCiAX DAVIS: Yes, Mr. Bruet. MR. BRUET: Yes. Refresh my memory. Most subdivisions have sidewalks on one side of the road. Is the LDC requiring now on hoth sides; is that where the -- Page 12 1 h { 1 'I 'K March 5, 1998 MR. REISCHL: Yes. MR. BRUET: -- change has come about? MR. REISCHL: This is a change from July -- the July cycle of the LDC that now requires it on both sides of every local street in the subdivision. MR. BRUET: With a five -foot width? MR. REISCHL: Five -foot width, yes. MR. BRUET: The older requirement was a four -foot width on one side? T MR. REISCHL: Yes. Local streets over 1,000 feet, I believe. MR. BRUET: Okay. Thank you. CHAIRMAN DAVIS: Anyone else? Mr. Butler. MR. BUTLER: Gary Butler representing the petitioner. I can make this very quick. There was some confusion in our October meeting. I had talked to Tom Kuck's department who does regulate subdivisions of about what we would be able to do on the subdivision. He indicated he was still enforcing an old policy that said if you're a small subdivision, 25 to 30 lots, you can do a 24 -foot asphalt section and no sidewalks or one sidewalk on a 20 -foot section. I thought that was understood before I even came before you guys. We discussed it briefly. And in the confusion we wound up passing a resolution that says I have to do two sidewalks, which is over and above what Tom Kuck was willing to approve for me at the time. I have a letter from him saying he's going to amend the LDC in the future to allow that policy to remain in effect. In the absence of your stipulation, he would have worked that deal with us already. With a stipulation from you all that actually said two four -foot sidewalks, not five -foot sidewalks, he is powerless to do any, you know, changing of the plans. Our plan is approved right now with two four -foot sidewalks. We're building the subdivision. Our current proposal is to build one sidewalk five -foot wide on one side of the road. Rick McCullough has built two subdivisions directly north of this with no sidewalks in either of those subdivisions and they have been received very well. I believe there is many subdivisions being built today under Tom :fuck's current policy, including, I think, Collier's Reserve has one sidewalk on some roads. MR. BRUET: Yeah. But I think that was under the older -- the older code. MS. STUDENT: I have two questions for Mr. Reischl. First of all, despite the policy what does the code -- what does the code require? MR. REISCHL: Sidewalks on both sides of every local street. MS. STUDENT: Is there any ability in the code -- I don't have it here before me -- for any staff person or the Planning Commission to change that? MR. REISCHL: The Planning Commission, which is what Mr. Butler is doing. MR. BUTLER: As well as staff. Page 13 March 5, 1998 MR. NINO: As well as -- yes. MR. BUTLER: Development Services Director has that authority. MR. NINO: Ron Nino for the record. Let the record show that staff administratively -- and that's usually considered to be Tom Kuck -- upon the submission of appropriate engineering standards and written justification -- administratively any of the standards in the Land Development Code relative to subdivisions may be varied. However, if the decision -- if you make -- in other vrords, if they hadn't asked you to make that decision, administratively it could have been made. Inasmuch as you made it, it requires an amendment. MR. BUTLER: All I'm asking for is for you guys to remove that stipulation one or stipulation "A" of the original approval. MR. BRUET: Of no sidewalks? MR. BUTLER: Just to take the stipulation away that said we need to have two four -foot sidewalks is all I'm asking. I don't need a stipulation that says you can build one. We are going to build one. We're building a 20 -foot road right now. In Tom Kuck's frame of reference if we're building a 20 -foot road, we need one sidewalk. CHAIRMAN DAVIS: You say you have a letter to present to us? MR. BUTLER: Yeah. I sent that to Fred to put in your package, but I guess that didn't get in. I also have a letter from Ed Kant. MR. OATES: You do? I didn't know he could write. CHAIRMAN DAVIS: Okay. MR. BUTLER: It is a private subdivision. There is no sidewalk on Cypress Way. Although, I understand there is going to be one at some point in the future. I think they are going to build one sidewalk on the loop road at some point in the future. I've talked to MPO. I've talked to Fred. -CHAIRMAN DAVIS: Okay. Any questions of Mr. Butler? Mr. Kant. MR. KANT: Thank you. Edward Kant, Transportation Services. As Mr. Butler has pointed out, this is a private roadway and it will meet the minimum requirements of the Land Development Code. We did talk with Mr. Butler and we revisited his request. I will say if this were going to be a public roadway where there was a potential for either ad valorem or some other type of nonresident funding that might have to come out at a later point to add a second sidewalk if the people so desired it, we probably would have not been quite as amenable to letting him -- to agreeing to what he is requesting. Typically what we found is that on public roadways where there have been a waiver of sidewalks over many years in the past -- and I'm sure you're aware that this practice was quite common many years ago -- people are then coming forward and saying, "Now we want sidewalks." It is very difficult to find the money to do that. In this case becausE,.this is a private roadway, if these folks later on decide, "We do want the sidewalk on the other side of the street," they're going to have to fund it themselves. They wouldn't be eligible for any Pathway Advisory Committee funding or any other type of public funding that I'm aware of. Page 14 16 ( . , -� March 5, 1998 So given that constraint on the roadway itself, we didn't see a problem with letting him reduce it from two sidewalks to one. CHAIRMAN DAVIS: Thank you, Mr. Kant. MR. REISCHL: If I can add also, too, one of the major changes between what Mr. Butler is saying that previous subdivisions haven't gone through this -- one of our newer review procedures is to have PSPs go to a Metropolitan Planning Organization reviewer who has a strong emphasis towards putting sidewalks in: subdivisions. And it, therefore, is put in as a stipulation, rather` than just left as an administrative exception to the subdivision. So that is one of the major changes that's occurred since previous subdivisions. CHAIRMAN DAVIS: All right. Thank you, Mr. Reischl. MR. BUTLER: Any other questions? CHAIRMAN DAVIS: Any other questions for Mr. Butler? Thank you. Additional speakers on this petition? Yes, ma'am. MS. BELT: Good morning. My name is Jean Belt. I'm the president of the homeowners' association of Palm River. And on behalf of the homeowners in Palm River, they are strongly -- very strongly objecting to the Sawgrass subdivision request for a waiver on the sidewalks, bicycle paths, walking paths. we do not have in Palm River sidewalks. That's not our fault at this particular point in time. Eventually they tell me six years down the road we will have, but in the meantime we have a group here that would like to talk on this subject. Those people -- and we have all the traffic coming from there on a curve. People walking, they are going to be walking in and out. They-are going to be walking around. They are going to be riding bicycles at a very dangerous spot. So I'm bringing on behalf of the homeowners' association we are against giving them the opportunity to only have one sidewalk. Thank you. CHAIRMAN DAVIS: Thank you. Additional speakers? MR. BELT: My name is John Belt. I am with the Palm River homeowners. And I've been a little discouraged in trying to find out about this petition because there was never, as far as I know, a notice put up on the board along the way. And we found Sawgrass had been approved without us ever knowing about it. They tell me there was a notice put up on the property, but it blew down and it has never been put back up. But someone found the notice over in someone else's yard and told us about it. That's when we found out what the heck it was. They have been digging lakes as authorized by your prior meeting. The water from those lakes is coming down. As I understand it, they cut a drainages ditch in there so that water flows one way to the Palm River Boulevard and it flows another way to another outlet. The ditch has been cut and situated to build the lakes that it -- water goes one way and the other way. It doesn't go into the ditch and go the way it is supposed to go along the way. Page 15 16 G I -V 19. March 5, 1998 I play the Palm River golf course. I've noticed over the last three weeks when they've been digging those lakes over there -- I can't find a golf ball in the Palm River that goes through the golf course because mud is there all the way along. And that has nothing to do with the petition that they have here on sidewalks, but they are creating a problem in our area. The people are very concerned about this subdivision going in. Its entrance to it is right on a curve.: And it will be a problem if -- I think that traffic is going to come but and be difficult to get in and out. I think that they have not been completely fair with our subdivision. They built one not far away from us and they got it in there. And as they say, they build it without sidewalks, but it's not what we would like to have in our area. And they are coming into Palm River. I think it's something that we would like to have and make sure that any new development going in is up to first -class staff. And I think it's necessary to have sidewalks in there for the benefit of everybody. Thank you much. CHAIRMAN DAVIS: Thank you. Additional speakers? MR. HEALY: My name is Charles Healy. I am a member of the Board of the Palm River homeowners' association. And I'm the man who found the sign which had blown down. We had a lot of strong wind. I took it back over there and it's never been restored about this variance here. And, again, I think we should have sidewalks. I think if any of you go to Palm River you're going to see a tremendous number of people, particularly this time of year, who walk, kids on bicycles. And they're going to go into Sawgrass whether you like it or not. Because they're going to go there because there is no way to get away from the traffic. Now, if I can vary just a minute. We are very concerned because, as I understand it, Sawgrass is kind of an island under nobody's jurisdiction, except the County's. Now, we're going to get all the construction traffic coming down across the bridge. We have bridge troubles now. I think you know that the Cypress Way East bridge is scheduled either to be closed or put to another purpose once we get the bridge across from -- on Airport Road. In the meantime, we're going to get all the dirt, all the construction. I don't know how they're going to get in there because that Cypress Way East bridge has a one ton limit. And the one at Palm River Boulevard is scheduled to be replaced. So I think we're getting into a catch -22 situation. I'm sorry. This has nothing to do particularly now about sidewalks, but we're all going to get sidewalks. We're going to have to have them. You might as well get them in now. That's all I have to :swj,.. = ZPICk3 DAVIS: Thank you. Mr. Reischl, if after we get done with this petition you could make yourself available for any concerns, other than the sidewalks, surrounding residents have and direct them to the proper staff people Page 16 March 5, 1998 to address those concerns, we would appreciate it. MR. REISCHL: All right. We've already had some phone calls. And Clyde Fugate of our Engineering Inspections Department has -- is monitoring the situation. CHAIRMAN DAVIS: Thank you. Additional speakers? MR. BUTLER: Can I have one comment? CHAIRMAN DAVIS: Mr. Butler, yes, if you have something you would like to add. MR. BUTLER: We'd add two quick things. .I One, we're a private subdivision. We're going to privately maintain our roads. Second, we're 100 percent behind the idea of putting in a sidewalk on Cypress Way. That would help our sales. It would help our neighborhood. CHAIRMAN DAVIS: Any additional speakers? I'll close the public hearing. If someone on staff -- the proposed sidewalks we've heard about for the surrounding area that I think the lady had said were about six years off, do we know what those are going to be or what would be common practice in existing neighborhoods if sidewalks were put in; would sidewalks be added on both sides of the street normally? MR. NINO: I can't answer that. Ed, do you have a -- CHAIRMAN DAVIS: Do we have any history on that, Mr. Kant, in an existing neighborhood where the County goes back in under some funding mechanism and adds a sidewalk? MR. KANT: As I understand it, the present methodology of determining where and when sidewalks will be retrofitted is done by the Pathway Advisory Committee, which is an advisory committee to the Metropolitan Planning Organization. As a matter of fact, they just finished this fiscal year's ranking to go into next year's work program. Typically what they do is they will take requests over the course of the year -- and that can be done for the benefit of the folks here that might want to put requests in. Those would be directed to Mr. Battis, B- a- t- t -i -s, at the MPO up on Horseshoe Drive. And those requests are then reviewed by the PAC. And they're done on a commission district by commission district basis because there is a limited pot of money available during any one fiscal year. And the idea is to try to make that as even a distribution as possible. I believe that they then go through the priority criteria, the first one of which is whether or not the particular sidewalk is going to provide connectivity for school children walking to and from school. And then there are other criteria having to do with safety, capacity of the roadways themselves and it goes along down the list. I believe that out of this year's list, which was probably somewhere close to 100 requests, they were able to prioritize, I believe, about the top four or five in each of the commission districts. That will go to the Board. I am sorry. That will go to the MPO. The MPO will then add -- try to add some of those into the work Page 17 March 5, 1998 program. That typically is about a five-year-cycle. So that anything that would go in this year would be added to the fifth year of the work program and every year that moves up in the work program. So that if you're talking about -- for example, I believe, Ms. Belt said Cypress Way was possibly as long as six years out. That would be true if it were added this year. Now, I don't know where it is or whether it's been added. If it had been added, say, last year or the year before, it's less than that. Unfortunately, I wasn't prepared for this discussion. I don't have a list of the priorities with me, but that's typically the way those happen. The other way of getting sidewalks is to do exactly what you're doing right now and that is to look at the Land Development Code and if it requires sidewalks to require sidewalks. As I have said, prior practice had been that when a developer didn't want to spend the money he asked for a waiver and he typically got it. Now we're paying for it by retrofitting. CHAIRMAN DAVIS: My question -- and there may not be an answer to my question. When we go back in and do sidewalks, is it normally on one side of the street, both sides of the street or is there any -- MR. KANT: t depends on available funding. It depends on the complexity of the project. If there is significant drainage impacts on one side but not on the other, we'll at least try to put it in the one that doesn't have those impacts that we can get -- it boils down to the best bang for the buck. CHAIRMAN DAVIS: And if it's by an MSTU or something, then .it's a choice of the people that are paying for it, I suppose. MR. KANT: Yeah. Frankly, I've got to tell you, Commissioners, I tend to discourage the use of MSTUs for sidewalk projects unless you can get a significant project because the cost of administering. First of all, the time it takes to put an MSTU together is about a year to two years. The cost of administering an MSTU raises the price anywhere from 30 to 50 percent and that's because of the cost of financing and the cost of administration. Typically we're better off trying to work within some kind of a grant or other funding program -- CHAIRMAN DAVIS: Right. MR. KANT: -- or even if the citizens themselves collect the money. You know, there is two or three avenues. But, frankly, MSTUs are not always on the top of my list. CHAIRMAN DAVIS: Mr. York. MR. YORK: Well, my question is -- and you can respond to this and maybe not. But if the County decided to put sidewalks in the Palm River subdivision at this point in time, would it not have to be in accordance with the LDC; so both sides? MR. KANT: Yes. I don't know -- I say, yes, it would be in accordance with the LDC. I can't off the top of my head tell you whether that's one side, both sides. There may be other criteria. The answer is that any County project like any development project is subject to the constraints in the LDC, whether we're building a new road or whether we're retrofitting something. Page 18 March 5, 1998 MR. YORK: But, currently, Mr. Reischl, the LDC requires sidewalks on both sides; is that correct? MR. NINO: Yeah. But that would not apply to retrofitting jobs. I mean, there would be no requirement to comply with the LDC if you were going in after the fact and addressing areas where there was an urgent need for sidewalks. That would -- that would simply, as Ed says, be on the basis of available funds. And if you're trying to stretch dollars, I would suspect that the best way to stretch those dollars would be to at least get sidewalks on one side throughout as much of the County as possible. CHAIRMAN DAVIS: All right. Any other questions of staff? The public -- we've closed the public hearing now, ma'am. MS. BELT: I'm sorry. CHAIRMAN DAVIS: Motion? MR. BRUET: Mr. Chairman, this Board has always supported sidewalk construction throughout the communities, but in this case for 30 lots I think we kind of have an overkill of a five -foot sidewalk on both sides of the roadway. My motion would be that we approve the staff recommendation for PSP- 96 -14A stating that a four -foot wide sidewalk be constructed on the south side of the roadway as recommended by the petitioner. MR. PRIDDY: Second. CHAIRMAN DAVIS: Motion by Mr. Bruet and seconded by Mr. Priddy. Discussion on the motion? All those in favor of the motion signify by saying aye. Opposed? (No response.) -CHAIRMAN DAVIS: It carries unanimously. And you got that okay, Mr. Reischl? MR. REISCHL: Yes. Four -foot sidewalk on the south side. CHAIRMAN DAVIS: Correct, Mr. Bruet? MR. BRUET: Yes, sir. That's correct. MR. BUTLER: Thank you. CHAIRMAN DAVIS: * ** Petition R -98 -1. Once again, all those present here to speak on this petition please stand and raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Reischl. MR. REISCHL: Again, Fred Reischl, Planning Services. This is a PUD sunset that was directed by the Board of County Commissioners due to incompatibility with surrounding density. The PUD is the Neapolitan Park PUD, which is in the northeast corner of the intersection of Santa Barbara Boulevard and Davis Boulevard. It's adjacent to the PUD that you just saw, Shoppes of Santa Barbara. This one includes residential, multifamily, hotel /motel and commercial components. At the sunset direction hearing I guess you would call it the Board -- even though this was consistent with the Growth Management Plan, the Board thought it was incompatible with the surrounding Page 19 March 5, 1998 densities and directed the owners to come back with a PUD amendment. The amendment was not received by the date required by the Board. Therefore, staff is recommending a rezone to the agricultural zoning district. Yesterday "I did receive a phone call from one of the partners who said that he would be here to request additional time. I don't see anybody here. CHAIRMAN DAVIS: Anyone here representing the owners today? Okay. He or she will have that opportunity before the Board of County Commissioners. MR. REISCHL: Right. They apparently have a buyer and would now like additional time to put together the PUD amendment. However, I don't see anybody here to speak. So staff is recommending as directed by the Board that we rezone this parcel to the zoning district that it was prior to the PUD, which is agricultural. CHAIRMAN DAVIS: Questions of Mr. Reischl? MR. YORK: I do. I understand where the County is coming from trying to do this, but that piece of property there doesn't make any sense to be agricultural, as far as I'm concerned. r CHAIRMAN DAVIS: With the agricultural designation that ends up really being a holding zone category until such time something comes forward. And probably the good thing that happens here if it does go back to ag, then whatever does come forward is going to be under all of the LDC requirements today and be a modern PUD. MR. YORK: True. MR. REISCHL: It's within an activity center. And you will be seeing, I believe, at the next Planning Commission meeting the ag parcel to the north which is just out of the activity center will be coming in for review. So that intersection -- that activity center is becoming active. MR. YORK: Then it does make sense. CHAIRMAN DAVIS: The agricultural zoning category is sometimes pretty deceptive because I think we all understand that from time to time it just becomes kind of a holding zoning category. Questions? No petitioner's representative present. Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. Motion? MR. YORK: Since the owners are not here, then I recommend that we go along with the staff's recommendations. MR. BRUET: Second. CHAIRMAN DAVIS: Motion to follow staff recommendation by Mr. York followed by a -- seconded by Mr. Bruet. Discussion? MR. PRIDDY: Yes. CHAIRMAN DAVIS: Yes. Mr. Priddy. MF- PRLD?DY : I understand what we're doing here, too. I'm not necessarily in favor of it, but I'm going to go along with it. I somehow think that a time extension would be the best option. In light of no one here to request that -- CHAIRMAN DAVIS: They'll still have that opportunity betwe(:n now Page 20 March 5, 1998 and the BCC meeting. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. MR. OATES: Mr. Chairman, while we're talking about this petition -- I realize that I'm old and I have bad eyes, but I had trouble with both of Mr. Reischl's. This one and the other one. I can't read any of the streets. CHAIRMAN DAVIS: The streets? MR. OATES: Yeah. MR. YORK: The one coming up? MR. OATES: No. The one we just did and the one he had earlier. MR. PRIDDY: We used to get full -size sheets. That would help. MP.. YORK: Bigger glasses. MR. OATES: Maybe it doesn't bother anybody else, but I can't read the streets. MR. PRIDDY: I agree. MR. REISCHL: I can make those larger. MR. OATES: Okay. * ** CHAIRMAN DAVIS: Petition CU -92- 16(1). MR. BRUET: Mr. Chairman, prior to discussion of this issue I need to recuse myself. My employer owns this property. CHAIRMAN DAVIS: That's appropriate. All those here today to speak on this petition, please stand and raise your right hand so that you can be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Reischl. -MR. REISCHL: Fred Reischl, Planning Services. This, again, is another Board directed item. CHAIRMAN DAVIS: Mr. Reischl, if I can interrupt you. Having watched the hearings that involved all this, really all that is happening here is something is being deleted from the conditional use to match the requirements of the conditional use that was recently granted to kind of keep it fair for everybody. Would that be a fair assessment? MR. REISCHL: Yes, yes. CHAIRMAN DAVIS: Okay. MR. REISCHL: This was directed by the Board to come back before you and again before the Board to remove the condition for a bird survey. And technically even I think after the next few months the five -year time limit on this will have expired anyway. So it will be a moot point, but the Board has directed us to come back before you and request a removal from the resolution. CHAIRMAN DAVIS: Okay. Anyone to speak on this petition? Se.eing none, I'll close the public hearing. Motion? MR, OATES: Mr. Chairman, having filled out my conditional use petition I would recommend that we submit CU- 92 -16A to the Board of County Commissioners with a recommendation for approval. MR. YORK: Second. Page 21 1�r1I# q March 5, 1998 CHAIRMAN DAVIS: Motion by Mr. Oates and quickly seconded by Mr. York. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. If everyone would fill out their -- MR. YORK: I think today is -- MR. OATES: The fifth. CHAIRMAN DAVIS: -- conditional use forihs. * ** Petition PUD 87- 31(3). Once again, all those g present that are going to speak on this petition please stand and raise your right hand so the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. MR. NINO: For the record, my name is Ron Nino. You may recall the Gadaleta PUD was before you some time ago. It was continued on two separate occasions. We're right where we started in terms of the issues that were present back several weeks ago. And that is that the petitioner has not seen fit to submit a PUD document that is consistent with the legal standards and with the development parameters that we've asked for. Let me -- CHAIRMAN DAVIS: Marjorie. MS. STUDENT: Yeah. I just want to state -- for the record, Marjorie Student, Assistant County Attorney. I have what was submitted here. I met with Mr. Ferguson I guess it was about a month ago now on what to do. It has not been done. The Board's direction was to bring the PUD document up to current standards. I have a list here. It's missing all the stipulations for utilities, environmental, water management, engineering, transportation. It's full of typos and things that needed to be reworded. There's blanks that need to be filled in. And I don't believe legally it's in a proper format to be considered by this Board because so much is missing. I mean, how can you vote on something that doesn't have stipulations in it for environment, water, everything? And the land use categories just generally refer to things in the land code. That's not appropriate format for a PUD, nor is it appropriate format to refer to the code for setbacks and so forth. In my opinion, it's wholly inadequate. We've given Mr. Ferguson ample opportunity and latitude, you know, to try to fix it. It's not fixed pursuant to the Board's direction. MR. NINO: Let me remind you that what we're all about is reviewing -- revisiting a PUD in which no development has occurred for a period of five years. This is in the sunsetting area. The Board directed -- when this matter came before the Board as a result of its sunsi ?tting anniversary date, the Board said, "Come back in six months with an amended PUD." That is consistent with the reason why we have this process. And that is to bring the PUD into -- in line with today's requirements and be more reflective of a modern PUD. The petitioner has decided not to Page 22 March 5, 1998 comply with that. Nevertheless, it still behooves this Commission to recommend to the Board a response to that. And I suggest to you that that response could very well be one that says, "Here are the development parameters we want included in this PUD and these are ;the stipulations we want included in this PUD." That's a recommendation to the Board. Failing to do that -- I mean, failing to respond to that request before the Board may result in the Board saying, "We're rezoning your property back to agricultural." But that decision rests with the Board. But I do think the Board needs your input as to what are the development parameters that ought to go into that final development order. And that gets me back to the staff report which says this petition was approved at 88 dwelling units, two acres of commercial and a temporary driving range. Staff is recommending that a more consistent response would be one which approves of the petition insofar as -- that 83 of those dwelling units in our opinion are more consistent with the history of how the land was zoned. As you know, the future land use element allows you to make an application to convert commercial zoning to residential and offers a density of up to 16 units per acre. The petitioner has asked to do that in his revised PUD format and has asked for an additional 32 units. He's asked to max the total 16 units. Staff's position is that that 16 units has been seldom granted and indeed in today's environment is never granted. And that ten dwelling units per acre for the commercial is a more reasonable conversion resolution. MS. STUDENT: May I just -- what Mr. Nino says is fine, but the problem is we don't have a document here. We don't even have a master plan on this PUD document to approve. I mean, you can go ahead, Ron, but you can't -- we can't write the PUD for these people because the government is not in the business of writing PUDs for property owners. So you can take those recommendations about density, Mr. Nino's, and put it in with yours, but we have no PUD document, no master plan, nothing that's satisfactory to go forward with. I'm sorry, Ron. I just can't stress that enough. MR. NINO: That's all right. The petitioner has not only asked to convert -- for the right to convert their commercial zoning, but they've asked for an either /or situation. "We want the ability to keep the two acres; however, if we decide that we want to develop residential there we want 16 units per acre." Well, it's not our practice -- not the Board's practice to grant either /or zoning. And on several cases in the last year they have enunciated that policy very definitely and have said, "No. You either get one or the other." So our position as staff has been that commercial zoning ought to be converted because that commercial zoning is basically inconsistent with the future land use element in that it's not in an activity center. It doesn't meet the criteria for commercial land zoning. Page 23 ? r �7 � March 5, 1998 Finally, there is the matter of the driving range. That was a temporary driving range under the previous document -- the current document. That document said as soon as County sewer and water becomes available to this property the driving range should go out of business. Quite frankly, staff never did understand why that was approved in that manner because the driving range is considered a pretty passive use of land and is allowed as a conditional use in the agricultural zoning district and is allowed as an accessory use, of course, in many golf course communities. f So we -- staff doesn't have a problem with a PUD document -- a future PUD document which would recognize the golf course -- the driving range as a permanent use as long as they wanted to leave it a permanent use. And when they decide to develop the property that they -- that the new PUD provide for 83 plus 20, 103 total dwelling units versus the 120 dwelling units that they're asking for and 'the ability at their discretion to keep *he C -2. So our suggestion -- our recommendation to you is that you forward this petition to the Board indicating that this petition -- this petitioner be directed to either come back with a PUD that addresses that development agenda, including the stipulations that have been recommended by staff. In the event they fail to do that, that the Board take an action to rezone the property back to agricultural. CHAIRMAN DAVIS: Mr. Nino, if the property is rezoned back to agricultural there is -- the golf driving range can stay? MR. NINO: No. They have to come back with a conditional use request. CHAIRMAN DAVIS: For that use? "MR. NINO: As a driving range. And the petitioner ought to realize that the fallout here is if it goes back to agricultural when we deal with it again under agricultural the entire acreage is only going to qualify for three dwelling units per acre or approximately 60 -- 60 units, instead of the 103 that we're acknowledging is a reasonable resolution of this petition versus the 120 maximum that they're asking for. But, you know, that decision rests with the petitioner and their counsel. CHAIRMAN DAVIS: Questions for Mr. -- MR. NINO: Eut I think it's important that we get this off dead center and that we get it to the Board because the six months is over last September. Here we are in March. We still haven't resolved this issue. We need to get something back to the Board saying, "We want you to give the developer these marching orders and failing to do that the property -- we'll rezone the property back to agricultural." It's really as simple as that. CHAIRMAN DAVIS: Questions of Mr. Nino? Mt_ Bruet. MR. 3RUET: Maybe Marjorie I have a question for. You're saying as of right now we don't have a master plan and you have an incomplete application? Page 24 March 5, 1998 MS. STUDENT: I have an incomplete PUD document. And it was a month ago that I met with Mr. Ferguson -- about a month ago -- to go over my issues with this document. The document I've been provided has no master plan with it. The stipulations for utilities, engineering, water management, transportation, environmental are blank. There are some other pages in here that has old stuff in it, I believe, that's crossed out. There are other blanks in the document. There are references to the land code for land uses and our performance standards. In my legal opinion, this is a wholly insufficient document. The County cannot be in the business of writing PUD documents for property owners. And I think a month has been adequate for Mr. Ferguson to be able to submit to me a proper PUD document and that has not been done. And in my opinion this cannot go forward because the document is wholly insufficient. I've worked for Collier County for ten years and probably reviewed hundreds of PUD documents. This is probably one of the worst I've ever seen. MR. BRUET: Mr. Chairman, maybe before we debate the issue here, if we do at all, can we understand why we don't at least have a completed application made out at least in a form that the petitioner would like to see his property developed? I guess -- MR. FERGUSON: Can I respond at all? MR. BRUET: Not yet. MR. NINO: May I interrupt? An application is the application. The PUD is not the application. The developer has always had the right to submit a PUD that -- that addresses whatever development agenda they want to address. -All we can do is say, "We don't like this and the other thing about your PUD," and recommend to the Board that when they deal with it they direct the petitioner to amend their PUD. It's their PUD. It's not our PUD. MR. BRUET: Uh -huh. MR. NINO: To reflect whatever changes the Board and you decide they ought to make. And failing to do that, of course, means there is no approval. MS. STUDENT: But the -- MR. NINO: The application is not the PUD. They submitted a PUD we don't like. MS. STUDENT: I mean, the problem is it's not in the format. The Board directed it be brought up to the way we do PUDs now. It's not in that format. I mean, I don't know how you can pass on a document that doesn't have the stipulations in it that you need for all the things that we look at. And there is also -- this petitioner wants to be vested for ever:j7t..ing. There is no way that they can be vested for every little change in the land code. They might have been -- have gone through CRO and gotten the compatibility exception of the comp plan, but that doesn't vest them for concurrency. They have a provision in there to be vested foi Page 25 :+ March 5, 1998 concurrency and every conceivable thing. That is not appropriate. And I'm not - you know, I can't sign it and I cannot tell you it's legally sufficient. It is not. CHAIRMAN DAVIS: Mr. Priddy. MR. PRIDDY: Mr. Chairman, I would feel comfortable with us responding to the application and letting the PUD document and dotting the I's and crossing the T's come at a later point. But us responding to the application itself and not the approval of the PUD document. And with that, I would ask that we hear1from the petitioner and CHAIRMAN DAVIS: I think we're to that point. MR. FERGUSON: Mr. Chairman, members of the Commission. For the record, my name is Tim Ferguson. I represent the owners of the Gadaleta PUD. First, I would like to say that Marjorie and I met three weeks ago. We discussed this PUD. There were changes that we discussed that we may make. We may not make. Marjorie is taking a position that I don't agree with. You're here in an advisory capacity today. You're here to try to decide what direction this zone is going to go in, not whether all the I's are dotted and all the T's are crossed in the PUD document. This particular PUD was vested under the zoning reevaluation ordinance and held to be exempt from zoning reevaluation. Now the County believes that they can just go ahead and rezone property because it sunsets and I don't believe that they can. So we have a legal disagreement here. A lot of the language in the PUD -- for example, the environmental language that's in the PUD that was provided by the EAB in the original PUD is in the PUD, okay? There is a plan. I didn't submit a PUD with big X's on it, okay? We have been going over this and it has taken some time. The staff has worked with me. I thank them for that. This is a problem. This isn't a straightforward situation. Some of the language in the PUD doesn't reflect modern PUD language because I believe it's vested, okay? We did supply a plan. I don't know why it's not attached to Marjorie's version of this, but there was a plan. However, until we get some -- some direction on exactly how this is going to go, maybe we can't put all the specifics in that we're asked to put in. There is a lot of questions revolving around that. And I believe as an advisory board we can go over the staff's plan today. You can make a recommendation to the Board. I can take Marjorie's comments into consideration and then the Board of County Commissioners makes their decision on this. Whether or not it's a sufficient document or not, they can make that decision. We can see them in court. That's fine with me, okay? But I think what we need to do today is we need to go forward with this. We've got a situation where we've got a PUD that's surrounded by a whole bunch of PUDs. No one in here has ever -- there has never been anybody that has ever said, "We don't want the Gadaleta Page 26 A . , r March 5, 1998 PUD to be what we're requesting." do ?" we went before the Board and we said, "What would you like us to Staff said, "We want you to convert the two acres of commercial to 16 units an acre, get your density, take out the commercial. That will be consistent with the plan." We came before the Board. At that time we had a buyer for the property that was willing to convert the commercial into residential. We came before the Board and the Board recognized that the zoning reevaluation was done. And I've got the minutes here from the Board. And they said, "We don't want to convert this C -2. We want to leave it C -2. We've committed to a path here and I don't want to go back on it. I sense -- I sense some agreement here." It was unanimous. They said, "You got what you got. You're keeping what you have." That's all we want to do. If you down -zone this you've got an average of 7.5 units an acre surrounding this PUD, okay? Even at the maximum -- even at the 120 units on that property, which we're not asking for -- it would only be 6.2. If we go back to three units an acre you're talking about down- zoning this to 53 units, which spot zones this and is a violation of the Bert Harris Act, not to mention the fact that Mr. Gadaleta has spent over $300,000 on this property clearing it and providing improvements on it. He's had an operating business on it. It's a driving range. He also has a building on it. He was required to put $100,000 into the road in Old 41 for turning lanes and he was required to dedicate an acre of his most developable property because it's Xerosis scrub. - That's vesting. The County doesn't like the idea that it's vested. They don't like the idea that I've got it in my PUD document. I disagree with them, okay? I believe it's vested, all right? MS. STUDENT: May I respond to that? MR. BRUET: Just let him finish. MR. FERGUSON: Let's just go on here and look -- and look at the provision. They say and staff recommendation says, "Delete the commercial zoning." The Board said, "Leave the commercial zoning." She wants me to do something with the document when I've got two conflicting situations here. And I don't know which one they're going to tell me, okay? We can come back -- anytime someone wants to come back and change commercial into residential units they can anytime. So we don't -- I don't have a problem deleting that language, but staff wants to - staff says, "If you're going to convert the commercial it's got to be ten units per acre." It's right across the street from industrial. You have -- you haves eight units an acre on one side. You have seven units an acre. You have 6.9 units an acre and you've got industrial. If you cannot convert commercial property that's across the street from industrial to the maximum 16 units an acre I just asked Page 27 March 5, 1998 the County, "When can you do it ?" It's in the code. You're supposed to be able to do it sometime. If you're right beside industrial property, why wouldn't ycu be able to get 16 units per acre? I'm wondering. I would like somebody to answer that question. So going down the staff recommendations here. We say, "Go back to commercial? No, the commercial is vested." I'm sorry. He spent a whole bunch of money. He's improved the road and he's vested. So we just want to keep the commercial now. We've got -- someone else has bought the property. They want to keep the two acres commercial. That's what the Board says. I have the minutes right here, okay? As far as the dwelling units, staff has recommended that we go back down to 83 units instead of 88 because there was some erroneous language in the PUD that suggested that six of these units were going to be low income housing units. We don't have any problem going down to 83 units. Staff has recommended that we go to the C -2 zone as it exists today instead of what it was. There's a whole bunch of language in my PUD that nobody likes because it was -- it was C -2 as it existed then, which I believe it's vested. We're willing to step down and take the smaller use. We're not being unreasonable here. The staff says we can keep the driving range. Fine. What I would like to see from this Board is to give us some kind of indication on what it is they want to do. Are they -- do you want to try to take away the commercial from us? Do you believe it's vested? Do you want to try to take some units away? -Right now as it sits it's 88 units, which is less than six units per acre, which is far less dense than anything surrounding it. The Board said, "Come back. Keep what you've got. You've committed to a path. That's what we want to do." As far as I'm concerned, the regular PUD document as it existed in '88 is vested. So we can argue the legal issues here all day, but I don't believe it's this Board's job to argue whether the PUD document is -- MS. STUDENT: Yes, it is. MR. FERGUSON: -- okay or not. I'm sure Ms. Student is going to say that she doesn't believe that's true. MS. STUDENT: There is case law that -- MR. FERGUSOr1: We're going to disagree. MS. STUDENT: There's case law that's contradictory to what -- first of all, I advise the Board. I'm your attorney. Mr. Ferguson is not your attorney. And this document is not sufficient. You can't -- I know you're an advisc,ry board. There's case law out of Leon County. You don't write these things as you go along because according to that case -- and I can't give you the actual name and the citation to it right now. Any little change to a document, according to that case, would have to go back to the Planning Commission and then the Board. Page 28 March 5, 1998 If the Board made something -- you don't write it as you go along. I don't see how you can approve a document without any stipulations. And that's my problem is the format of the document. And also Mr. Ferguson -- I don't know that he totally comprehends the vesting issue. Vesting -- you can have vesting for all sorts of things; sign regulations, parking regulations, just about any regulation that is in our document. And just because you're vested for land use does not mean that you're vestdd for all these other things that he has written into this PUD because you are not. There are many approvals along the way and different criteria apply. And you could be vested for one thing and not the rest. So it's not you're either totally vested or you're not totally vested. That is not the case at all. And that is why I have a problem with the vesting provisions in the document. You know, you have my advice and you have what Mr. Ferguson is advancing, but I cannot approve this document and I don't see how you can when it has blanks in it. CHAIRMAN DAVIS: Okay. Duly noted. Mr. Ferguson, if you want to finish up. MR. FERGUSON: Yeah. I'll just wrap up. I believe that if this zoning is changed it's going to be a spot zone. I believe the commercial component of the PUD is vested. I also believe the 88 units are vested. They may or may not be. That's a legal question. As far as the case in Leon County, that is one case. I haven't been able to research that case yet, but I believe that this is an advisory committee. You make a decision on what the zone is going to be and then we'll -- then we'll adjust the PUD. That's what we're looking for. We're looking for some direction. -We've spent a whole bunch of money on this. It's surrounded by more intense use. You've got industrial right across the street. Nobody has ever complained that it's the way it is. Chairman Constantine or Chairman Hancock said he likes it just like it is. And I think that's what -- I think that this Board should direct the applicant to go forward with bringing a consistent PUD to the BCC that reflects exactly what already exists on the property. Thank you. CHAIRMAN DAVIS: Mr. Ferguson, I've got to ask you a question. This is not something unusual to us in the way of unsetting PUDs and our review of them. And I think you heard PUD 89 -41(1) that came before, which is pretty representative of what we see. It's the -- it's the petition, some minutes from the Commission meeting outlining what they wanted to see and then the petitioner in a pretty standard format doing what the commissioners said they wanted done. Very well presented and what we normally see. And the concern I've got here is -- you know, that's not here. So where are we at? MR. FERGUSON: I don't know why you don't have the PUD document itself. And all I can say is -- I'm coming back and saying -- I've got the minutes right here. I'm saying, "Keep it like it is." That's what the Commission said, "Keep it like it is." Page 29 March S, 1998 If we want to bring the document up to standards, if that's the Board's direction, that's fine. When I went before the Board they said, "Keep it like it is.,, That's what we want to do. Keep it like it is. And so -- it exists. And in my opinion it's vested. Ms. Student doesn't agree. Maybe we'll -- maybe we'll see you in court: I don't know. CHAIRMAN DAVIS: It may very well be. Thank you, Mr. Ferguson. MR. PRIDDY: I have a question. CHAIRMAN DAVIS: I'm sorry. Mr. Priddy has a question for you, Mr. Ferguson. MR. PRIDDY: Mr. Ferguson, I'm not real clear on -- would you like for us to say that we want to see you develop this at 88 units per acre, plus keep the two units of commercial; is that what you're asking us for? MR. FERGUSON: I'm asking you to do that. That's what the Board directed me to do when they -- when we spoke before the Board. MR. PRIDDY: So it's the 88 units, plus the two acres of commercial that you want; it's not 120 units of residential? MR. FERGUSON: No. We withdraw the conversion I think that if -- it's the County's policy not to be able to -- I believe that it doesn't make any sense, quite frankly, to have to come back before the Board to get a determination on conversion of commercial when you can handle it all at the same time. If it -- that way it saves a whole other meeting. If we want to convert -- if the owners want to convert the commercial, then why not establish right now what they can convert it to instead of having to come back at some other time and having more meetings about what the commercial should be if it's converted. And they're saying we want either /or. We're not saying we want either /or. What we're saying here is we want the commercial. We want to go by the Board's recommendation and keep it just like it is, all right? But in the case that it's converted, why not establish right now what it can be converted to? I don't understand why that's such a big problem. And I don't think there's any legal problem with doing that. It certainly would save a lot of the Board's time and money in having to hear this over again if they ever have to come back for it. But, fine, we don't have to address that issue at all. What. I'm asking you to do is just follow what I've been told to do by the Board. Leave it just like it is. We've discussed this with my clients. If they want to cut it back to 83 units on the main part of the property and if they want C -2 as it stands today, we don't have any problem with -- with making that accommodation. I don't believe we have to make that accommodation, but I don't mind making that accommodation for staff. But right now my position is I would like you to recommend what it is that you would like to see on this property so that we can move on to the Board and see if they like it. CHAIRMAN DAVIS: Thank you, Mr. Ferguson. Anyone else to speak on this petition today? Page 30 1661 "I March 5, 1998 MR. NINO: For the record, Mr. Chairman, let me clarify. The Board's last action relative to the sunsetting provisions was that this petitioner return in six months with a new PUD. MS. STUDENT: For clarification, that was reflected -- it doesn't have anything to do with the densities and 'stuff. MR. NINO: 11o. MS. STUDENT: It's just putting the thing in the format that we expect our PUDs to be in and that includes having the stipulations to mitigate the impacts of this development, which it doesn't have in it. It has nothing to do with any of this other stuff. MR. NINO: And I don't want to get into a position of saying Mr. Ferguson's understanding of the Board's action is incorrect. It's all irrelevant. The Board has instructed that this PUD be -- return in six months. And implicit in that is the function of the sunsetting process and that is that it be made as compatible and as consistent as possible with today's environment. MS. STUDENT: For that matter, the land uses and densities could stay as they were. They could. We're just asking Mr. Ferguson to wordsmith this document and he refuses to do it. That's really what it's about. MR. NINO: Excuse me. We're asking for more than that. MS. STUDENT: Yes. Staff is. I'm talking about from my perspective. MR. NINO: And I think this addresses, quite frankly, the petitioner's suggestion that the Board be given an agenda as to what we think ought to be done here and then a decision be made relative to that and the issues that Mr. Ferguson is raising. And we're very specific in terms of what we think those recommendations to the Board ought to be. And, you know, let the Board take up -- let the Board take up that development agenda -- revised development agenda that we're recommending and the legal issues to the contrary that Mr. Ferguson has raised. CHAIRMAN DAVIS: Thank you. I'll close the public hearing. MR. BRUET: Mr. Chairman, I would like to make a recommendation. Mr. Chairman, I recommend that this Board of Commissioners recommend to the Board of Commissioners that the property be returned to agricultural zoning due to a lack of general cooperation with staff and allow the Board to move forward with these individuals. MR. OATES: Second. CHAIRMAN DAVIS: Discussion? All those in favor signify by saying aye. Opposed? JNo response.) CHAIRMAN DAVIS: Unanimous. Thank you. * ** Petition PUD- 92 -5(2). All those present here today to speak on the petition please stand and raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. Page 31 1661 -I-,A March 5, 1998 MR. NINO: Yes. Ron Nino for the record. The petition that's before you asks that you recommend certain amendments to the Sterling Oaks PUD development standards table that's contained within their current PUD. The Sterling Oaks PUD is a development on Old 41 and new 41. It lies between the two. It's actively under development. Quite a number of residential structures have been constructed in that PUD. During the administration of the development standards we found that the table lacked clarity in dealing with the separation between zero lot line buildings -- zero lot line single - family housing construction. And we were administratively having to respond -- every time someone came in the door we had to administratively redefine for customer services' people what the PUD was saying relative to the separation between zero lot line buildings or in the absence of zero lot line what was the minimum requirement or setback on either side of the structure. And we told the petitioner that, you know, that wasn't a very effectivo way of dealing with the applications for building permits and would you please arnend your PUD document to remove this area of uncertainty, the petitioner cooperated in that request and has come before us asking that the standards be clarified to reflect the way we have, in fact, been administratively making decisions. And that is reflected in your staff document -- your staff report by the sketches. Administratively we've been allowing them to do this, although it was never clear that, in fact, table one said what these drawings purport to allow. That's how this all started out. Subsequent to your receiving your staff report the petitioner asked that this go a step further. The petitioner asked that in addition to this clarification that on corner lots they be allowed to build pool -- pool enclosure cages on corner lots out to -- right out to the street line. And I'm going to give you a handout for the revised table that reflects that. And that's the very bottom line on the table. You approved that? MS. STUDENT: Yes. MR. NINO: You will see in the very bottom line of that table now side -yard setbacks for accessory structures, corner lots for large lots, detached single - family products there would be a five -foot setback. And for zero lot line setback corner lot there would be a zero setback. Moreover, the petitioner said, "We will have that apply only to Tracts 0, G, J, K, M and N, which are undeveloped tracts." So that the effect of this amendment would not be to affect existing product. We don't have a problem with these development standards. As a matter of fact, these development standards are reflective of the development standards in just about every PUD in Collier County. So what we're all about here is clarifying so that when people apply for building permits they don't have to wait two days to get this table reinterpreted. We recommend these changes, including the most recent change which was handed out to you regarding the treatment of Page 32 16Gi0*4 March 5, 1998 MR. NINO: For the record, Mr. Chairman, let me clarify. The Board's last action relative to the sunsetting provisions was that this petitioner return in six months with a new PUD. MS. STUDENT: For clarification, that was reflected -- it doesn't have anything to do with the densities and 'stuff. MR. NINO: No. MS. STUDENT: It's just putting the thing in the format that we expect our PUDs to be in and that includes having the stipulations to mitigate the impacts of this development, which it doesn't have in it. It has nothing to do with any of this other stuff. MR. NINO: And I don't want to get into a position of saying Mr. Ferguson's understanding of the Board's action is incorrect. It's all irrelevant. The Board has instructed that this PUD be -- return in six months. And implicit in that is the function of the sunsetting process and that is that it be made as compatible and as consistent as possible with today's environment. MS. STUDENT: For that matter, the land uses and densities could stay as they were. They could. We're just asking Mr. Ferguson to wordsmith this document and he refuses to do it. That's really what it's about. tit. NINO: Excuse me. We're asking for more than that. MS. STUDENT: Yes. Staff is. I'm talking about from my perspective. MR. NINO: And I think this addresses, quite frankly, the petitioner's suggestion that the Board be given an agenda as to what we think ought to be done here and then a decision be made relative to that and the issues that Mr. Ferguson is raising. And we're very specific in terms of what we think those recommendations to the Board ought to be. And, you know, let the Board take up -- let the Board take up that development agenda -- revised development agenda that we're recommending and the legal issues to the contrary that Mr. Ferguson has raised. CHAIRMAN DAVIS: Thank you. I'll close the public hearing. MR. BRUET: Mr. Chairman, I would like to make a recommendation. Mr. Chairman, I recommend that this Board of Commissioners recommend to the Board of Commissioners that the property be returned to agricultural zoning due to a lack of general cooperation with staff and allow the Board to move forward with these individuals. MR. OATES: Second. CHAIRMAN DAVIS: Discussion? All those in favor signify by saying aye. Opposed? LNo response.) CHAIRMAN DAVIS: Unanimous. Thank you. *** Petition PUD- 92 -5(2). All those present here today to speak on the petition please stand and raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. Page 31 16GI "I March 5, 1998 MR. NINO: Yes. Ron Nino for the record. The petition that's before you asks that you recommend certain amendments to the Sterling Oaks PUD development standards table that's contained within their current PUD. The Sterling Oaks PUD is a development on Old 41 and new 41. It lies between the two. It's actively under development. Quite a number of residential structures have been constructed in that PUD. During the administration of the development standards we found that the table lacked clarity in dealing witH the separation between zero lot line buildings -- zero lot line single - family housing construction. And we were administratively having to respond -- every time someone came in the door we had to administratively redefine for customer services' people what the PUD was saying relative to the separation between zero lot line buildings or in the absence of zero lot line what was the minimum requirement or setback on either side of the structure. And we told the petitioner that, you know, that wasn't a very effective way of dealing with the applications for building permits and would you please amend your PUD document to remove this area of uncertainty, the petitioner cooperated in that request and has come before us asking that the standards be clarified to reflect the way we have, in fact, been administratively making decisions. And that is reflected in your staff document -- your staff report by the sketches. Administratively we've been allowing them to do this, although it was never clear that, in fact, table one said what these drawings purport to allow. That's how this all started out. Subsequent to your receiving your staff report the petitioner asked that this go a step further. The petitioner asked that in addition to this clarification that on corner lots they be allowed to build pool -- pool enclosure cages on corner lots out to -- right out to the street line. And I'm going to give you a handout for the revised table that reflects that. And that's the very bottom line on the table. You approved that? MS. STUDENT: Yes. MR. NINO: You will see in the very bottom line of that table now side -yard setbacks for accessory structures, corner lots for large lots, detached single - family products there would be a five -foot setback. And for a zero lot line setback corner lot there would be a zero setback. Moreover, the petitioner said, "We will have that apply only to Tracts 0, G, J, K, M and N, which are undeveloped tracts." So that the effect of this amendment would not be to affect existing product. We don't have a problem with these development standards. As a matter of fact, these development standards are reflective of the development standards in just about every PUD in Collier County. So what we're all about here is clarifying so that when people apply for building permits they don't have to wait two days to get this table reinterpreted. 'ole recommend these changes, including the most recent change which was handed out to you regarding the treatment of Page 32 March 5, 1998 accessory buildings on corner lots. CHAIRMAN DAVIS: Okay. Questions for staff? Mr. Minor, anything to add? MR. MINOR: No, sir, I don't. My name is Mark Minor. I'm an engineer and I represent Sterling Oaks. Mr. Stuart Kaye, the owner and developer of Sterling Oaks, is also here. We have read the staff report and agree with it and we're here only to try and answer any questions. 1. CHAIRMAN DAVIS: Any questions of Mr. Minor? Thank you. Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. Motion? MR. YORK: Mr. Chairman, I move we forward PUD- 92 -5(2) to the Board of County Commissioners with a recommendation of approval. MR. PEDONE: Second. MS. URBANIK: Second. CHAIRMAN DAVIS: Motion by Mr. York of recommendation of approval and seconded by Mr. Pedone. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. MR. PRIDDY: Mr. Chairman, would you consider a five minute break? CHAIRMAN DAVIS: Sure. We're having a five minute break. (A recess was held from 10:03 a.m. until 10:11 a.m.) (Mr. York left the meeting.) CHAIRMAN DAVIS: I'll call this meeting of the Collier County Planning Commission back to order, which brings us to -- before I call the next petition, Mr. Bruet, your motion on that last petition -- MR. BRUET: Yes. CHAIRMAN DAVIS: I guess, just as a clarification point that concerned me -- I was reflecting on the dates. The Board originally had asked them or directed them to bring a new PUD document forward on February 18, 1997. And obviously we're, what, a year and a month past that? MR. BRUET: That's why I used the term they generally were not cooperative with staff. I think we -- the staff here are problem solvers, not problem creators. And out of all the petitions that we hear day in and day out, it's -- I find it difficult to accept not being able to come to some kind of a conclusion or debate it here in front of us appropriately. CHAIRMAN DAVIS: In 13 months time I would agree. MR. BRUET: In 13 months time. CHAIRMAN DAVIS: Okay. Thank you. * ** With that, Petition PUD -87- 40(3). I would ask all those present that want to speak on this petition to please stand and raise youz rigat hand so that you may be sworn. Now we know why you're all here. Court reporter, if you'd swear them in, please. (The speakers were sworn.) Page 33 16GI�� March 5, 1998 MR. PEDONE: Mr. Chairman, I have to recuse myself from this. I am a contractor at the Falling Waters Beach development. CHAIRMAN DAVIS: Okay. MR. BRUET: Mr. Chairman, I need to leave about 10:30. CHAIRMAN DAVIS: Okay. We'll see how far we get here. M.R. OATES: And I need to leave at eleven. CHAIRMAN DAVIS: Okay. MR. NINO: Ron Nino for the record. The petition that's before you asks that you amend the Falling Waters - -1I mean, the Woodfield Lakes Partnership PUD by, one, changing the name to Falling Waters Beach Resort, Limited; two, changing the legal description to include an additional 2.02 acres that connects the property to the East Tamiami Trail; and, three, allows a residential -- a recreation use of that property by virtue of its depiction on the revised master plan; and, four, and probably the most important of everything that is before you today, eliminate a stipulation in the existing current Woodfield Lakes Partnership PUD that said at some point in time chis PUD will have a second access onto the East Tamiami Trail. And they're asking to have that eliminated. All of these -- none of the changes that are before you have any growth management relationships or consistency relationships. Obviously changing the name is of no consequence. Certainly adding additional acreage while not changing any density -- leaving the density the same has no level of service impact. The major issue here of the second entrance really has no growth management relationship. The growth management doesn't talk about how many access points a development will have in relationship to the County's arterial. road system. Indeed, as the staff report points out,-we have many PUDs that are larger than this PUD that have one access point to them. However, we do suggest to you that as planners that where possible and where a PUD has access to two arterial systems that it's desirable that both highway arterial roads be connected because, as you know, this gives people alternatives in terms of getting to and from their place of residence and it has -- it has a characteristic of lowering the amount of traffic at any one point because now there are -- there are alternatives. However, we can also understand the developer's posture and indeed some of the people that called me on the phone that said, "With one access we have a greater sense of security." And, indeed, the costs to the homeowners' association over time would be less if you're only manning one gate versus manning two gates. So we don't believe that that issue -- and Mr. Kant is going to speak to it more eloquently than I I'm sure. We don't believe there is really a traffic connection here -- an essential traffic linkage that says that second access is really necessary from a traffic point o; iaiew, but we do feel that inasmuch as there is a contiguous relationship with another street that at least an emergency vehicle access be maintained over the property that is to be added. In summation, let me say that we support the amendment to the Page 34 6 F1 A d4 March 5, 1998 PUD. We support redoing the PUD to, one, change the name; add additional 2.02 acres; provide for its recreational use. We don't have a problem with deleting the stipulation requiring a second access point off U.S. 41, but we think that in its place ought to be a provision that says an emergency access road will be maintained there. CHAIRMAN DAVIS: Questions of staff? Did you want to speak now Mr. Kant or -- Mr. Nino had alluded to that. MR. KANT: Edward Kant, Transportation Services. As far as the eloquence is concerned, I agree with Mr. Nino's remarks. Thank you very much. MR. NINO: That's like Wausau. MR. KANT: Yes. My address is 1910 -- we did discuss it, Mr. Nino and I, and there are -- there are two schools of thought. And I know that there was quite a bit of staff and some citizen discussion about a year ago with respect to the Land Development Code and requiring multiple entrances on so- called gated or closed communities to facilitate traffic movement. In this case it was an interesting anomaly. I believe that while the stipulation attached to the original PUD there was never -- until this amendment which would have added the two acres, there was never any way for them to physically get to U.S. 41 unless they bought a right -of -way across somebody else's property. Putting that anomaly aside, they now have the frontage and we would agree that at an absolute minimum that some type of emergency access driveway be provided. If it is the Commission's and ultimately the Board's decision to look at additional rather than alternative accesses, we would also agree that it certainly would enhance I think both-the internal and external circulation to have more than one access to this particular community. But we don't have -- we are not here to lobby strongly one way or the other, except that it has the frontage. The access is not going to be a hardship to provide. MR. KANT: It is, I think, going to enhance circulation both for emergency access, service access. And if it were to become an internal part of -- part of their internal roadway network, obviously I think it would enhance the residents' ability to get in and out. That is just a statement. In my opinion, a statement of fact as opposed to trying to influence it one way or the other. MR. BRUET: Ed, one moment. Not having a plan of 951 here, just describe to me how the access point works today and will work tomorrow with this alternate access eliminated. We don't have a plan and it makes mention of U -turns and the like. CHAIRMAN DAVIS: The best thing we've been presented with is a piece from a sales brochure. MS. MCNAMAR.A: That's all we have. MR. KANT: The existing access is right here off of 951. There's a turn lane complex. 951 as you're aware was recently four laned and there's a turn lane complex. There is, I believe, a relatively narrow strip of land along 951 Page 35 1SGI *Al; March 5, 1998 that's zoned commercial as part of the original PUD. The access to the residential section comes through here. There is some type of internal access. Again, I'm not familiar with the site plan particularly. But in answer to Mr. Bruet's question, I don't know that this has any relationship to this. This will continue to function whether or not there's an access point here at all. MR. BRUET: Yeah. I want to know how it's functioning today. Is there a median opening; is it a full traffic intersection? MR. KANT: Yes, sir. There is a full median opening at this location. Excuse me. Gary, is it full or directional? MR. BUTLER: Directional. MR. KANT: Thank you. It's a northbound right in and northbound right out and a southbound left in. MR. BRUET: Okay. That's what I was looking for. MR. WRAGE: That is not across from the shopping center entrance though, right? MR. KANT: No, sir. The shopping center -- well, what you call the shopping center is -- Triangle Boulevard is up here. MR. WRAGE: Okay. CHAIRMAN DAVIS: Thank you. Any other questions of staff? MR. BRUET: So that's where the U -turn is made at -or is that quite a ways up the road? MR. LA FORTUNE: It's north of there. MR. KANT: There is -- there's probably -- this would, I believe, be problematical to make a U -turn. I believe the U -turn would be at this location because this is a full median. -At some point in time -- and I can't tell you exactly when that is. I have to recheck the Lely Resort PUD, but I believe that the Lely Resort PUD has a responsibility for fair share in any signalization under this road should that occur. We're presently looking at this end of the road, but I don't know if the traffic at this point has gotten -- gotten there. I don't know if there is any development over here. XR. BRUET: And there is no signal plan obviously for this intersection with the right in, right out, right? *(R. KANT: No, sir. No. I don't see how that would ever be warranted. MR. BRUET: 14o median opening in the future or anything? MR. KANT: No. I believe that the access management policy would require that to be constrained to a directional. 1L[R. WRAGE: Distance from the intersection? MR. KANT: That's correct. CHAIRMAN DAVIS: Petitioner's representative. MR. W000t Yes. Good morning, Commissioners. My name is Doug Wood. I'm with Siesky, Pilon and Wood. I represent the owner of the property, Falling Waters Beach Resort, Limited. I would like to take a few minutes to talk about what's going on in Falling Waters Beach Resort and kind of the history with Falling Page 36 March 5, 1998 Waters so you know why my client is seeking to remove the second access. Before I do that, Mr. Nino and I had talked. I believe there was one other change requested in the amendment to the PUD, specifically 5.3 section "D" required that the roads remain private. We left that in, but there was additional language that said the project entrances would not contain any access restrictions. Example, an entrance gate. And we have requested to remove that. MR. KANT: Edward Kant. Frankly, that Ouzzles me. If they're private roads and they want to put an entrance gate, I would think they would prefer to have some kind of a gate, whether it's a manned guardhouse or not is not particularly relevant. A number of the developments will have like a main gate -- and I would envision the 951 access to be that -- and perhaps an unmanned or just a card or punch button type gate. MR. WOOD: Well, no. We are requesting the -- currently the PUD prohibited us -- prohibits us from having the gate. We're requesting to remove that. Specific section "D" says, "The roadways shall and ought to remain private; however, the project entrances will not contain access restrictions. Example, entrance gate, which would serve to preclude or discourage." We're asking to remove that language from section "D ". MR. KANT: Is that part of the original 1980 something PUD? MR. NINO: Yeah. MR. WOOD: That was part of the 1992 PUD. MR. KANT: '92? MR. NINO: We didn't have a problem with that. all.' MR. KANT: i don't think we'd have a problem with that request at MR. WOOD: I just wanted to make sure that was addressed. MR. KANT: They're private roads. MR. WOOD: I know. I just wanted to make sure that was addressed because that is part of what we're seeking to do, as well. MR. NINO: Yes, it is. MR. KANT: Okay. MR. WOOD: .lust to give you a little history of Falling Waters Beach Resort, it's zoned for 451 units. Right now it's not planned to be built out to 451 units. We already have -- there is going to he four condominium associations; Falling Waters Beach Resort One, Two, Three and Four. They've all been submitted to the Division of Condominiums. The documents have all been approved. As a matter of fact, Beach Resort One which, I believe, contains about 106 units or 104 units has already been built out. There's seven buildings. They're closed. They're built out. Beach Resort Two, which is buildings 8 through 14, two of those buildings have been closed. The remaining five buildings are already u�r construction. We're a pretty good ways through the project. Beach Resort Four will contain the last seven buildings. Originally the plan was going to be -- was to have -- in that two acre parcel was to have two more buildings with additional units. That Page 37 March 5, 1998 would get us up close to the 450 density. (Mr. Bruet left the meeting.) MR. WOOD: However, at a certain point my client decided he may have better use for that two acre parcel, rather than just squeezing some additional units in there. There are rec facilities already in place at Beach Resort. Although, I don't think they've quite been completed. They're really close. It's a pretty good size pool, a clubhouse built kind of on a beach island type theme. 1 Just to step back a minute. My client or the principals of my client also developed Falling Waters, which is on Davis Boulevard. That PUD originally required to have two entrances, as well. The first entrance to Davis Boulevard and a second entrance to what was going or what will be, I guess, future Santa Barbara when it's eventually extended south of Davis Boulevard. Approximately, I think, about two years ago, a year and a half ago, my partner came probably in front of you and in front of the Commission requesting to remove that second entrance to future Santa Barbara Boulevard. The Planning Commission both approved it, Board of County Commissioners approved it. They did agree to amend the PUD and we removed that second entrance. The reasoning behind that was pretty much the same as the reasoning behind this one. We didn't feel really the second entrance was needed. We had the security. The security wasn't really going to be in place when they first built the development, but when they went through they figured, "Hey, we need the guard gate. We want to kind of maintain a sense of community." They had also built some -- some recreational facilities, a pool, a clubhouse, volleyball, tennis courts, but residents had come to them and wanted some additional recreational facilities. I think a chipping or a putting green, kind of a playground, park, things of that nature. What they decided to do is if they could remove that second entrance they vacated a portion of the road. As a matter of fact, those facilities are almost completed now. They decided to put in some additional rec facilities for the residents. CHAIRMAN DAVIS: I recall -- I recall very distinctly that. And we did that with great reluctance. MR. WOOD: Okay. CHAIRMAN DAVIS: Because we thought it was better that the second entrance remain, but an overwhelming number of the residents were here wanting it removed. So we listened to them. MR. WOOD: Okay. I think you're going to have residents -- probably you'll hear from some residents on both sides today. But it's the same reasoning for removing the second entrance for Eei -tch Resort. One, it -- right now it comes onto U.S. 41 where it is two lanes. We really don't feel like that access would be used a whole lot anyway. People if they're coming back over from Miami, I guess, could pull in there, take the right turn. People that are corning back from Page 38 J. ' . A. March 5, 1998 in town are more likely than not going to use-the access on 951 because they're not going to want to have to come and take a left turn off of 41. So we just didn't feel like the access was going to be used a whole lot onto a two -lane road. Secondly, and the reality is this, if 'my client has to spend the money to build the second access along with'some kind of a guard gate or security -- because you're not going to have a guard gate and security at one entrance and not the other then he really -- cost -wise it doesn't make sense for him to pot the recreation facilities in there. And then the reality is he may be looking into just go ahead and revise the documents for Beach Resort Four and putting in some additional buildings. I don't think that would serve the residents the best in there. We're talking about an access that they probably really won't use a lot and don't need. And as our revised master plan shows, it's planned to put recreation facilities in there. And the condominium documents are consistent in terms of there's no buildings that are planned to go in there, as well. I think it's the same reasoning behind Falling Waters. I think it would benefit the residents. That's the reason my client is proposing to do *_hat. However, if after you hear from the residents and if you feel like a number of the residents are adamant -- that the majority of the residents are adamant that they would rather have the second access rather than the recreation facilities, my client will be willing to go along with that. He'll just -- he'll amend his PUD to do everything else we talked about. Change the name; remove the prohibition, as far as the security access; bring in two acres; and he'll put in that second access and put the guard gates there and build two buildings there instead of the rec facilities. So we welcome you to listen to the residents and hope you will go along with that. CHAIRMAN DAVIS: Mr. Priddy. MR. PRIDDY: What's the number of units in Falling Waters compared to this development? Because I remember very vividly the discussions and our reluctance too for closing that. MR. WOOD: Actually, Falling Waters -- the approved density in Falling Waters is 799. So it is quite a bit -- Falling Waters is not quite twice the size of this density. The reality is though they're not going to get to the 799 in Falling Waters either, but it's going to be probably -- MR. PRIDDY: 700? MR. WOOD: 720 or something like that. It is -- MR. PRIDDY: What I want to find out is it's considerably larger than -- MR. WOOD: About 300 units larger. MR. PRIDDY: -- this project. MR. WOOD: Yeah. MR. PRIDDY: Okay. CHAIRMAN DAVIS: Any other questions of the petitioner? Page 39 March 5, 1998 Anyone else? Yes, Mr. Nino, did you have something to add? MR. NINO: For the record, I forgot to mention that we did receive a letter in opposition from a Beverly McNamara. MR. WOOD: I believe she is here to speak. MR. NINO: I don't know if we included -it in your package. MR. PRIDDY: We all got copies that she delivered to us. CHAIRMAN DAVIS: I would invite anyone here today that would like to speak on this petition to come forward. I!will caution everyone we have got 28 or 29 minutes and then we're going to lose our quorum to vote on this petition. So I'd request that you're brief and to the point so we don't lose that because our only option then is to continue it until our next meeting. Please come right forward. Identify yourself, if you would, please. MR. THOMAS: Can I speak from here? CHAIRMAN DAVIS: That would be just fine. Sure. MR. THOMAS: My name is Lonnie Thomas. I live in the 100 Building, which is at the entrance of the 951 entrance and exit. Mr. Nino I believe mentioned in his comment that it wouldn't create a traffic problem :o eliminate it. Well, I've lived in that unit since June. Obviously -- Mr. Nino, have you been on 951 lately? MR. NINO: Yes, I have. MR. THOMAS: It's quite a heavy bit of traffic there. When you Pull out of our unit now you have to go out and make the right turn only onto 951. if you want to go to Marco Island you have to immediately cross and get into a left -hand lane. And with the speed of the traffic on 951 it's extremely dangerous. And as we continue to develop there and more and more traffic compiles, it's going to be a tremendous problem. As was drawn in up here, there's a commercial strip in front adjacent to that entrance and exit off of 951 that is for sale by the current owner of Falling Waters. And it has not been decided as to what type of project is going in there. And it will share the driveway -- the entrance on 951 to Falling Waters. So we have no idea how much traffic that is going to create. And as was mentioned, we only have one lane that goes around this complex. All the traffic would be going in and out of 951, which during season would probably be pretty heavy if they sell 430 units. That's about 1,290 people, maybe 500 automobiles that would be going in and out of there if it's full. So that could create a tremendous hazard, especially for any type of emergency equipment needing to come in and out of there. So those are some things that might be taken into consideration based upon the fact that I live there and I see what goes on every day there. CHAIRMAN CAVIS: Thank you, sir. Yes, ma'am. Please come forward. MS. MCNAMARA: I am Beverly McNamara and I wrote the letter �o you. I'm here to also -- I dispute the canceling of the access road. Page 40 i March 5, 1998 I listened to Mr. Wood. I disagree with what.he tells you about Falling Waters. Falling Waters on Davis Boulevard is like the Hollywood of condominiums. You go in there you have sidewalks, you have flowers, you have lovely roads, brick,. lots of space. It's surrounded by dry land. ; It's completely different from Beach Resort. We have no amenities. We have no sidewalks. When emergency vehicles or large delivery trucks come into our entrance, they-.absolutely have to go -- take four or five turns before they can comelinto the road. They have taken the gate off about five times. We need -- -_ think we need the access road for -- to be built a little wider so that we will accommodate fire engines or delivery trucks or just traffic. I mean, they're building extra units down at Fiddler's Creek. I think it was in the paper 6,000 additional units and at Rattlesnake there will be 785 additional. And that's going to add to the traffic on 951. It's very difficult to get out there right now. If you're coming back from Naples, what is the difference if you take a left onto 951 or into the access road on 951? What is the difference? And now I think that we should wait until the rest of the buildings are built because those people on the other side of our development -- there will be 20 more buildings. They're going to -- they may want that access road more than we do. We're only eight buildings. There is only eight buildings finished. And I know because I talked to a lot of the people that just moved into building eight. A lot of them who had signed a petition, you know, in favor of doing away with the access road have turned around and signed my petition. So we have double signatures on both-petitions now. It's kind of funny. I just have -- I just wanted to -- there's a couple of things I just wanted to say here. I think that it's going to create a problem for us. Maybe not right now, but in the future. And I hate to see that access road just be thrown away or the possibility of it so soon in our project. I mean, what is the hurry? Nothing is finished. He talks about a pool. It's a pool -- a kiddy pool three feet deep. It's a -- our clubhouse isn't finished. We don't have anything, any amenities. He started these rock -- he calls them rock art volcanoes that are supposed to spurt red lights and water. They're in total darkness. I mean, we have so many agendas in there that are so unfinished that why the hurry on this access road decision? Why can't we put it over for a year or six months and then come back before you after we have more people there who will be affected by that entrance? And also Mr. Hubschman at many of our meetings -- and I published it in a newsletter that we do called the Black Rock News. At a September neeting he told us that on that access road where building 29 now exists would be -- he would put an adult pool in there for us. And now every time we turn around it changes. There is supposed to be tennis courts there and a pool. It's already on the site plan. It wouldn't change the access road one iota. Page 41 i6G1=4-K March 5, 1998 I don't understand why now this has all of a sudden become an issue. I am definitely -- I don't trust him. I just don't trust him. He's not a man or: his word. He doesn't follow through with what he says he is going to do. Last September he promised us the pool would be done by October 15. It didn't happen. November meeting he-gave us a December date. It didn't happen. Our pool still isn't finished. I'm the very first resident. I've been - .there since May. I lived there all by myself surrounded with construction. And I can tell you that there aren't very many changes in Falling Waters. And don't compare it to Davis Boulevard. We're like the country Confed cousins down off of 951. It's nothing like Davis. Davis is absolutely gorgeous. We would like just even some flowers. I mean, we've asked for just little things and we don't get it. And that's my -- my reason is that I just simply don't trust him. And so I would like it to wait until we have more people to make this decision. I don't think the decision should be made with just seven or eight buildings when we have 20 more buildings that definitely will want that access road I would just be willing to bet. And as far as security goes, forget that. I mean, half the time at night the security gates are left wide open while the security guard is patrolling the property. So anybody could go in there at any time. As far as the buttons go, we'd rather have that. At least some of us would rather have that than to have a security guard. The security guard is there to protect his property, not ours. His refrigerators and washers and dryers that disappear all the time and the bushes and all the things that he has. So, you know, for him to say that that security is just for our benefit that is just a bunch of bull, as far as I'm concerned. I'm happy with my condo, but I am not happy with the way our development is going. I think that we should at least have a sidewalk. Just one sidewalk. We have to share the same road as the trucks, the construction trucks and the traffic. And it's dangerous. And I know that my other neighbor has something to say, but I really, really hope that you will really take this into consideration and not be in a hurry to just abolish that access. You know, I don't see what the hurry is in this. CHAIRMAN DAVIS: Thank you. I'm going to ask the rest of you to please not repeat any testimony that's been given to us thus far. We're really trying hard to get this done today. Yes, sir. MR. ZAPPO: I will try and keep it brief. My name is Gary Zappo. I'm the president of the Board of Directors for Phase One. We held an informational meeting earlier this week with all the residents. We posted it. We tried to give them all the information we had concerning that second access. We had 38 members show up. We have 37 signatures of those 38 members opposing that second entrance. For the record, Beverly MacNamara was not there. Most of the people that she's talking about were not there. We did have Mr. La Page 42 March 5, 1998 Fortune who was there who stated for the record that he was in favor. That's well and good. We talked about a lot of things concerning that road. One of the major issues is that road as it exists on that property is prior to where the -- where that divider on the southeast portion of 41 goes. It's in front of that. The only way you're going to access that right now is to make a U -turn around that divider. It's on a two lane portion of 41. We know, as it was mentioned, Fiddler's Creek has access on there. There its going to be a lot more traffic on 41. It's going to be just as much of a nightmare for that entrance on 41 as it is on 951. That entrance was always designed on 951 for the main entrance. We have a guard gate and double entrances and exits. We would like to keep that as the main entrance. If that entrance cuts down on some of the additional rec facilities that have been promised by the developer, most of the owners in there are greatly opposed to putting a second road in there in favor or in lieu of adding two more buildings and not adding additional rec facilities. So we've talked about those issues about emergency exits, about emergency entrances for emergency vehicles. They're not going to make a U -turn on 41 to get in there. We don't understand from this standpoint where we're going to be able to make a left turn. Right now you have to go down to the light for the entrance into Goodland to make a U -turn on 41 to get back there past that entrance. So there are a lot of problems with that second entrance. As you see, the people that were at that meeting by far are in favor of supporting the recommendation to delete that second entrance. We have other people that need to speak. I will get out of your way. "CHAIRMAN DAVIS: I'll just ask you a question since you're the official representative of, I guess, it's the first phase. MR. ZAPPO: Correct. CHAIRMAN DAVIS: The buildings that exist are in close proximity to the existing entrance; is that a fair statement? MR. ZAPPO: The existing entrance starts in building one. There are actually two physical buildings as you come in the entrance and then you'll make a left -hand turn and go around what is essentially an oval for that building. So buildings two through seven is around the turn. It will go to buildings 14 and 15 on the far end of the property and loop eventually back down to building 28, which is adjacent to building one right at the entrance. CHAIRMAN DAVIS: The people that currently are living there are living up in this area then; is that correct? If you can show me the existing buildings where people are living. MR. ZAPPO: Correct. This building, which is building one, all the -tray around to building nine, which is finished now are completed. CHAIR-NUZA}I DAVIS: Okay. MR. ZAPPO: Right up to here. CHAIRMAN DAVIS: Great. MR. ZAPPO: None of this up until the entrance. Page 43 {.�G1 March 5, 1998 CHAIRMAN DAVIS: That helps. Thank you. MR. ZAPPO: Oddly enough, the two buildings in front will be the first building and the last building. That's the way it loops. MS. MCNAMARA: I also have a petition.. CHAIRMAN DAVIS: Okay. If you could present that to Mr. Nino. Thank you. Yes, sir. MR. RIFFUS: Hi. I'm in building seven'. -- an owner in building seven. My name is Nick Rif fus. Just to give! you some quick background. I just retired this past year. I was Chief of Police in Livingston, New ,Jersey and was also in charge of emergency management for the past seven years. I have looked at the situation on this access road because I too had concerns on whether it would be a safety factor or not. I see more of a problem keeping that access road than doing away with it simply because 41 narrows down to a two -lane highway right where the access road is and the island goes past the access road. So in order to get into Falling Waters Beach Resort coming from Naples or Marco .Island you would have to go past that island, make a left -hand turn on a two -lane highway -- a U -turn, which is a problem as it is. And you have to pull into somebody else's property in order to make the turn. I don't think the County could make a left -hand turn lane on that island because it gets very narrow where the access road is going to be. There wouldn't be enough room. Coming out of the Beach Resort you would be coming out into traffic that is coming up 41 and you'd also have to make a left -hand turn onto 951. And it would create just as much a problem. -As far as emergencies and getting out of the Beach Resort, the access to get out now onto 951 -- if you were getting out in an emergency, if you had to evacuate, Marco Island would be evacuating, too. There's no way you're going to evacuate and go right onto 41 towards Naples. And if you could turn left, you're not going to go towards Miami. You're going to come out 951 on the access now and go up towards 75. Evacuating 400 vehicles doesn't take long at all. You have two gates there. They both can be opened and you can -- and those vehicles will get out very quickly. At no time do I ever see 400 people being in that complex at the same time. It's not the problem of evacuating the complex. It's once you're out on the highway where the problems are. Everybody evacuating at the same time from Marco and all the other complexes around there. That's where the traffic would stall and not getting out of the complex itself. I really think that having that access road would be a more hazardous problem not only for traffic, but also for security. Because I do-a't think there is ever any plans to have that manned. And someone coming up on 41 from Miami can easily park their vehicle there and just walk right into that complex if it's unmanned. So I think it would create a problem both traffic and security. Thank you. Page 44 CA March 5, 1998 CHAIRMAN DAVIS: Additional speakers? MR. SZOT: My name is Tadeulz Szot. My problem is different. It's T- a- d- e- u -1 -z, yes? S- z -o -t. My problem is I own the property on Route 41. For that entrance the problem have to destroy my property. I'don't know how the laws works in Florida. I work all my life to pay for the property and now I'm retired. I want to sell it and move to Florida. And then I see they take portion and the rest will probably be worthless. I don't know how the laws work. The property will be destroyed. All my income. So I think if they want it they could buy whole section if they want it. They have no problem from my objection, no? Otherwise, I don't know what to tell you. CHAIRMAN DAVIS: Okay. Thank you. MR. SZOT: Thank you. CHAIRMAN DAVIS: Yes, sir. MR. LA FORTUNE: My name is Robert La Fortune. I'm in the first building, 112. And I wasn't quite sure whether Mr. Wood said there was not going to be any gates eventually. Was that the conclusion? CHAIRMAN DAVIS: No. There's a stipulation currently in the PUD that says they can't put gates in. And he's asked that that be removed so that they can put gates in. MR. LA FORTUNE: Okay. So there will be some sort of gates, whether it's manned or unmanned, right? CHAIRMAN DAVIS: That remains to be seen. MR. LA -FORTUNE: Well, the other problem was where they're talking about the access road there was supposed to be only one building there and it was only supposed to be eight units, which the builder agreed to eliminate because there were so many complaints about the type of pool that he had put in as opposed to the one on Davis which is so nice. So he's bargaining to take that one building out and put some more recreation facilities in there. And there's already a road planned in there that's supposed to give you access to the tennis courts and whatever else might be there. We have no idea. He keeps us, you know, with the carrot in front of the nose because we don't know what he's doing. And if he changes his mind, he seems to be able to do whatever he wants. We would just like to know what he's going to give us. And I think you realize now that you can't get out on the 951 exit because the traffic is getting more and more. In fact, I called the Department of Transportation the other week and I said, "We can't even turn left corning eastbound on 41 to go north to get to our access because the turn light -- the arrow only allows about three cars because of the increased traffic now that we're in season." The man was very understandable and they did lengthen the left turn arrow for us. Instead of four cars, now we get seven cars. At least it's a step forward because we are getting more traffic. There is going to be development on Rattlesnake. Fiddler's Creek is coming to 41. Page 45 March 5, 1998 And we're just wondering as opposed to Davis,.which is dry land, we're surrounded by swamp, Henderson's Creek and a lake that supplies Marco Island's water. We don't have the access that Davis does. And we're just wondering if he's trading this exit in place of recreational facilities when it's already in the plan anyway. You need a road to get to anything that's going to be there anyway. So why not have a road? And if we have to lock it for now and open it up later when it's more called for -- I agree we don't need it now. We only have eight buildings that are completed. As we come around the semicircle that's when it will be more in use. And that's when I think we should talk about it when we need it more. And as far as emergency or whatever, even if it's a locked gate for now and we can open it up later. Whether it's manned or unmanned, I think we can get into that later. Thank you. CHAIRMAN DAVIS: Thank you. Is there additional speakers? Seeing none, I will close the public hearing. MR. WRAGE: I just need to ask a question of Ron. Irregardless of what happens, there is going to be a road there, right, Ron? It may or may not -- MR. NINO: We're recommending that it be a break -away -- an emergency access only. MR. WRAGE: The point being, living in a gated community myself, at some point in time if there was no access now they could come back and do it at a later date? MR. NINO: Certainly. I think you have to appreciate -- and I hope all the people here appreciate that eventually this is going to be their development, not the Hubschman's. I mean, eventually the homeowners' association will gain control and then they will make the decisions. And I'll have you appreciate that if it is an emergency access, obviously an emergency access would address the eventuality of a hurricane or a natural disaster. People would be able to, in fact, exit from that point. MS. URBANIK: Sir. CHAIRMAN DAVIS: Mr. Nino. MS. URBANIK: I have a question. If that second exit is built as proposed onto 41, would the State make any accommodations to that road to -- or is there any plans so that it would be easier to access that? MR. NINO: I bow to Ed Kant. MR. KANT: Edward Kant. To answer -- your second question is easier to answer than your first question. There are no plans to the best of my knowledge to make any changes to that portion of 41. The six laning of 41 which will come from Rattlesnake - Hammock through to the 951 intersection probably will not go much past where the four laning is now. It will fare into that. There have been some discussions with FDOT concerning the -- three lots on the corner of 951 and they're very concerned about access through that median. So at this point in time I don't think there are any plans to make any changes. I don't know whether -- and either Mr. Butler or Mr. Wood can answer it better than I. I don't know whether they've Page 46 March 5, 1998 contacted the SL-ate to find out whether or not they've requested any kind of median openings or what have you. But that would be something that only the State would be able to permit. The County has nothing to do with .that. No jurisdiction whatsoever of that roadway. MS. URBANIK: I have a question of the - developer if it is - CHAIRMAN DAVIS: Sure. Mr. Wood. MS. URBANIK: Have you considered an access road for emergencies, other than the one that's there that would bd more accommodating? My concern is -- I saw Doctor Tober give a speech on emergency management and I know minutes can be very important, as far as after heart attacks. It just -- I am just a little concerned with your one access. Is that the only spot that emergency vehicles -- a roadway could be put on that property to 41 or is there another spot that might be more -- that would work better? MR. WOOD: No. That would be -- if we were required to put an emergency access in that two acre parcel that would be the only place it could go in. What we're showing there on the diagram is -- that's the extent of the property my client owns. MR. PRIDDY: They don't own property anywhere else along the - MS. URBANIK: Thank you. - CHAIRMAN DAVIS: In the way of discussion, it strikes me that staff's recommendation of requiring at least the emergency exit to 41 makes -- makes sense. I have the same concerns as Ms. Urbanik that there's a whole lot of people that aren't here yet. And so that's our job today is to think about those whole lot of people that aren't here yet and look at it that way. That's just an observation that I would make. MR. PRIDDY: I support at least the emergency exit with the ability for that to be turned into a -- CHAIRMAN DAVIS: Mr. Wrage makes a good point that if it's required to be an emergency exit that at some point in the future when all these people own the development and it's all built out if they decide within their condo association that they would like for it to be something else, then they certainly can do so. If they find being able to exit onto 41 -- they may just want an exit only or something. I don't know. But at least that's still there for them. Was there a motion? MR. PRIDDY: Yes. With that I would move that we recommend for approval of -- PUD -97 -40(3) for the recommendation of approval with the stipulation that the exit to 41 be for now an emergency exit. MS. URBANIK: Second. MR. WRAGE: I second that. CHAIRMAN DAVIS: And that's consistent with your staff recommendation, right, Mr. Nino? MR. NINO: Yes, it is. CHAIRMAN DAVIS: Okay. Thank you. Motion by Mr. Priddy, seconded by Ms. Urbanik. Discussion? All those in favor signify by saying aye. Page 47 1 1'i 1 . t 'l March 5, 1998 Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. We need you back, Mr. Pedone, to maintain our quorum. MR. PRIDDY: I thought for a second we�were losing that, but he's out in the audience. I thought we were having to hurry this. (Mr. Oates left the meeting.) CHAIRMAN DAVIS: If I can ask everyone to be -- hold the noise down. We've got one more petition we need tolget through. Ma'am, any items presented to this Board have to stay with this Board. It moves forward to the Board of County Commissioners. MS. MCNAMARA: I need a photostat. I gave him my original. CHAIRMAN DAVIS: Okay. If you want to stay around until after the meeting, I am sure Mr. Nino can find someplace to make you a copy. MS. MCNAMARA: I forgot. I gave him my original. That's all I want. I wasn't thinking. I have given him my only copy. CHAIRMAN DAVIS: Well, the last item on our agenda today is PUD- 91 -2(1). I would ask all those present that are going to speak on this petition to please stand, raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN] DAVIS: Mr. Vines has waited very patiently here today. MR. VINES: You had me nervous about that eleven o'clock deadline. CHAIRMAN DAVIS: We're still okay. We have got five for a quorum. We're still okay. MR. NINO: Ron Nino for the record. The petition that's before you asks you to revise the development strategy for the Northbrooke Plaza PUD. The Northbrooke Plaza PUD had a rather detailed outline of how the commercial land would be developed and specifically provided for so much office, so much gas stations, so much hotel. That kind of gets you into problems and we tend to support the -- we agree with the amendment that we should be addressing the amount of commercial area in a generic sense. However, in addition to that the petitioner is asking that the amount of commercial development be increased from 196,000 square feet to 270,000 square feet, but appreciate that they are also asking for a reduction in the number of motel units or hotel units from 150 to 120 and indeed are also going to lower the number of housing units from 150 to 120. None of those issues are -- are inconsistent with the FLUE. I mean, the FLUE doesn't -- this PUD is well within the density limitations for residential inasmuch as it is within an activity center. The activity center designation really provides for up to 16 units per acre. Even with the amendment they're still at 12 dwelling units per acre, well within the density constraints. In fact, they're really lowering the density. With respect to that floor area for commercial, the Growth Management Plan doesn't have any formula for how much commercial per acre you ought to be entitled to. But as you all know, we have been Page 48 March 5, 1998 kind of practicing a rule of thumb for many, many years. And it's never officially been written into anything that says 10,000 square feet of commercial development for every acre is an appropriate ratio. If we use that policy that would support the increase that the petitioner is asking for. The other amendments to the PUD are to•get rid of references that are no longer applicable today, to eliminate development standards that are redundant. The development standard, for example, there t addresses the construction of Northbrooke Drive. Well, Northbrooke hat Drive is built today. So we're simply going to bring the PUD up to date in addition to making these intensity and density modifications. We recommend approval of the PUD as amended with those density and intensity modifications. Mr. Vines, I believe there is an ownership change here or something that is not reflected in the application. Would you speak to that, please? MR. VINES: Well, there is no ownership change. The property is under contract. And the contract purchaser is the applicant, but the signator of the application is still the owner. It's the same owner that owned the property eight years ago when the original PUD was established. And the contract purchaser is simply attempting to get it. He's going to move the property from vacant zoned land into developed land. And these adjustments to the PUD document are a part of the process of getting that done. MR. NINO: But isn't the contract purchaser RGH instead of -- MR. VINES: RSH, yes. MR. NINO: RSH instead of Robert S. Hardy. MR. VINES: That is correct. Hardy -- Robert Hardy is the owner of- that corporation, which will -- presuming that the purchase through, they'll do the infrastructure development, install the goes utilities and prepare the sites as ready to use and market them to end use. MR. NINO: Would you agree I need to change my staff report to reflect RSH, Incorporated? MR. VINES: Yeah. I sent you an updated application, but it -- you received it after you had written your staff report. MR. NINO: Thank you. CHAIRMAN DAVIS: Questions of either the petitioner or staff? Seeing no one else in the room that seems to want to speak to this petition today, I'll close the public hearing. Motion? MR. PRIDDY: Mr. Chairman, I move that we recommend for approval Petition PUD- 91 -2(1). MS. URBANIK: Second. CHAIRMAN DAVIS: Motion by Mr. Priddy and seconded by Ms. Urban±k_ Any discussion on the motion? 21R. URAGE: Did we get a second? I didn't think we did. CHAIRMAN DAVIS: Good team down here for motions and seconds. You guys are sleeping. MR. PEDONE: They're faster than we are. CHAIRMAN DAVIS: All those in favor signify by saying aye. Page 49 16GIto% March 5, 1998 Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:02:a.m. I COLLIER COUNTY PLANNING COMMISSION MIKE DAVIS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE BY: Kelley Marie Blecha, RPR Page 50 s. 1 � � � rte, s � � _• AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 16, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS 130ARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL 13Y CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: March 19, 1998 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT — t- --7-� 6. CHAIRMAN'S REPORT 7. ADVERTISED PUBLIC HEARINGS: ��• Petition No. PSP -98 -1, David H. Farmer of Coastal Engineering Consultants, LTD., representing Preserve Homesites South, Inc., requesting Preliminary Subdivision Plat approval for Troon Lakes at Pelican Marsh for property located in the Pelican Marsh PUD lying west of Airport Road in Section 35, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Ron Nino) B. Petition No. PSP -98 -2, W. Terry Cole, P.E., of Hole, Montes & Associates, Inc., representing 951 Land Holdings Joint Venture requesting Preliminary Subdivision Plat approval for Cardinal Cove located in Fiddler's Creek off of Championship Drive lying east of SR -951 in Section 15, Township 51 South, Range 26 East. consisting of 6.98 acres. (Coordinator: Ron Nino) C. Petition No. V -98 -I, A. Kurt Ardaman, Esquire, of Fishback Law Firm, representing ABC Liquors. Inc., requesting a variance of 15 feet from the required 15 foot landscaping buffer strip too feet for property located on Tamiami Trail East (U.S. 41), further described as Lot 36, Naples Grove and Truck: Company's No. 2, in Section 11. Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Ray Bellows) Norr15 Hancock MA Constantine_ _ Mac'K1ei D. Petition No. V -98 -2, Gary K. Wilson of Porter, Wright, Morris & Arthur, representing Margar :t 11. Duprey, requesting a 5 foot variance from the required 30 foot side yard setback to 25 feet for property located at 6461 Sandalwood Lane, further described as Unit 35, Tract 100, Golden Gate Estates, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Ray Bellows) E. Petition No. PUD- 97 -20, William L. Hoover, AICP, of Hoover Planning Shoppe and Beau Keene, P.E., of Keene Engineering, representing Nora Hames Patmore, requesting a rezone from "A" to "PUD" to be known as Golden Pond for a maximum of 75 multi - family dwelling units for propem, located on the west side of C.R. 951, approximately 700 feet north of the intersection between C.R. 951 and Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.76 acres, more or less. (Coordinator: Ray Bellows) F. Petition No. BD -98 -7, Ben Nelson, Jr., of Nelson Marine Construction, representing Paul McCullough, requesting a 16 foot boat dock extension to allow for a 36 foot boat dock and boat lift facility for property located at 197 San Mateo Drive, further described as Lot 32, Southport On The Bay, Unit One, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) G• Petition ho. CU- 97 -27, William L. Hoover. AICP, of Hoover Planning Shoppe and Beau Keene, P.E., representing Golden Gate Assembly of God Church, requesting Conditional Use "1" of the "E" Estates zoning district for reconfiguring the property boundaries of an existing church and for addition of buildings and parking for property located on the northeast corner of 39'h Street S. W, and 29's Avenue. S.W., in Section 26, Township 49 South, Range 26 East, consisting of 5.07 acres. (Coordinator: Fred Reischl) (Continued from the meeting of April 2, 1998) F1. Petition ISO. CU -98 -2, Kim Patrick Kobza, Esquire, of Treiser, Kobza & Volpe, representing Germain Properties of Columbus, Inc., requesting a Conditional Use "4" of the C -4 zoning district for a used car lot for propem located on Golden Gate Parkwav, east of 50'h Street S. W. and west of Tropicana Doulevard, in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of 0.57 acres. (Coordinator: Fred Reischl) (Continued from the meeting of April 2, 1998) 1. AN ORDINANCE CREATED TO MANAGE RECOVERY, RECONSTRUCTION AND MITIGATION ACTIVITIES FOLLOWING A MAJOR OR CATASTROPHIC DISASTER WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE PURPOSE AND INTENT OF THE ORDINANCE, PROVIDING FOR JURISDICTION, PROVIDING FOR DEFINITION, PROVIDING FOR PRIORITIES FOR POST - DISASTER REDEVELOPMENT: PROVIDING FOR ESSENTIAL SERVICES AND FACILITIES RESTORATION; PROVIDING FOR DEBRIS CLEARANCE, REMOVAL AND DISPOSAL STRATEGIES; PROVIDING FOR DETERMINATION OF DAMAGE; PROVIDING FOR THE IMPLEMENTATION OF AN INITIAL BUILDING MORATORIUM AND ESTABLISHING RELATED MORATORIA PERTAINING TO BUILDING PERMITS, DEVELOPMENT ORDERS AND SITE PLANS, PROVIDING FOR EMERGENCY REPAIRS; PROVIDING FOR AN EMERGENCY PERMITTING SYSTEM; PROVIDING FOR AN EMERGENCY REVIEW BOARD; PROVIDING POLICIES FOR ECONOMIC REDEVELOPMENT; PROVIDING POLICIES FOR REDEVELOPMENT OF HIGH HAZARD AREAS; PROVIDING GUIDELINES FOR ACQUIRING DAMAGED PROPERTY; PROVIDING FOR AUTHORITY; PROVIDING PENALTIES: PROVIDING CONFLICT AND SEVERABILITY PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (Coordinator: Kenneth Pineau) 8. OLD BUSINESS 9• NEW BUSINESS 10. DISCUSSION OF ADDENDA II. ADJOURN 4/16/98 CCPC AGENDA /md 2 ■ March 19, 199n TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 19th, 1998 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m, in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael A. Davis Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Karen Urbanik Gary Wrage Donald J. York ALSO PRESENT: Bob Fernandez, County Administrator Marjorie M. Student, Assistant County Attorney Robert J. Mulhere, Current Planning Manager Page 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 19, 1998 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMJNISTRATION FLORIDA: DING, COUNTY GOVERZ�NT CENTER, 3301 TAMIAM1 TRAIL EAST, EAST NAPLES, FLO NQTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1 • ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. - APPROVAL OF MINUTES: February 19, 1998 4• PLANNING COMMISSION ABSENCES: 5• BCC REPORT 6' 'S REPORT 7• ADVERTISED PUBLIC HEARINGS: A• Petition No. CP -97 -2, Growth Management Plan Amendment, Jim Colosimo, Trustee, requesting to create the Pine Ridge Road Mixed Use District within the Golden Gate Area Master Plan, to increase the maximum acreage for Conditional Uses if located adjacent to or within the Pine Ridge Mixed Use District and to amend the Golden Gate Area Master Plan Future Land Use Map to indicate the location of said district. (Coordinator. Mary Lee Layne) B. Pttkion No. BD -98 -2, Desso T. Scholtz, of Scholtz and Scholtz, Inc., representing Chris and Ann Summcrton requesting approval to construct an 18'3" x 30' boathouse over a 61'8" x 19'6" boat dock and boat lift for property located at 371 Bayside Avenue, further described as Lot 10, Block K, Conner's Vanderbilt Beach Estates #2. (Coordinator. Ross Gochemur) C. Petition No. PSP -97 -6, Geoffrey Purse, urse, P.E., of Purse Associates, Inc., representing Commercial Development Co., requesting Preliminary Subdivision Plat approval for North Collier Industrial Center. located on the west side of Old U.S. 41, in Section 10, Township 48 South, Range 25 East, consisting of 41.7 acres. (Coordinator. Ron Nino) D. Petition No, PUD- 96 -12, J. Gary Butler, P.E., of Butler Engineering, Inc., representing Royce O. Stallings, Jr., requesting a rezone from "A" to "PUD" to be known as Bembridge PUD for a maximum of 281 multi- f�y dwelling units; a 10,000 square foot church facility and a nursing home with 26 units per acre (130 Da beds), for property located on the cast side of Santa Barbara Boulevard, a Boulevard, further described as the northwest ' /. of the southwest '/. of Secption 4, Ttolwnshm 0 South, Range 26 East, consisting of 40.25 acres. (Coordinator. Bryan Mille) E. Petition No. CU- 97 -26, Terrance L. Kepple, of Kepple Engineering, representing Jonathan Burt, requesting Conditional Uses "19, 20 and 23" of the "A" Rural Agricultural zoning district for a sports instructional school and recreational camp for property north of and adjacent to Pine Ridge Road (C.)Z 896)ty , 00 fee 6t west of Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier Coun consisting of 5.1 acres. (Coordinator: Susan Murray) , Florida, F. Petition No. PUD- 97 -17, Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hess Corporation and Garrett F.X. Beyrent and Teryk Brerski, requesting a rezone from "E" Estates to PUD to be known as Pine Ridge Comers PUD, for highway - oriented and convenience commercial uses for property located on the north side of Pine Ridge Road and west of I -75, further described as Tract 77, Golden Gate Estates, Unit 35. in Section 7, Township 49 South, Range 26 East, Collier County, less. (Coordinator: Ray Bellows) (Continued Indefinite) ty' consisting of 4.38 acres, more or 8• OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 3119198 CCPC AGENDA/md t 16 C1 March 19, 1998 CHAIRMAN DAVIS: I call this meeting of the Collier County Planning Commission to order. We'll begin by calling the roll. Ms. Urbanik? COMMISSIONER URBAN_IK: Here. CHAIRMAN DAVIS: Mr. Priddy? COMMISSIONER PRIDDY: Here. CHAIRMAN DAVIS: Mr. Budd? (No response.) CHAIRMAN DAVIS: Mr. Bruet is excused. Mr. Davis, here. Mr. York? COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates? COMMISSIONER OATES: Here. CHAIRMAN DAVIS: Mr. Pedone? COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: Mr. Wrage? COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Any addenda to the agenda? COMMISSIONER YORK: No, Mr. Chairman. 1998. CHAIRMAN DAVIS: And we have a set of minutes from February 19th, COMMISSIONER OATES: So moved. COMMISSIONER PRIDDY: Second. CHAIRMAN DAVIS: Motion by Mr. Oates for approval, seconded by Mr. Priddy. All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: It carries unanimously. Any absences coming up? COMMISSIONER YORK: Yes, I will be not here for the first meeting. I'll be in California. COMMISSIONER OATES: California here I come. COMMISSIONER YORK: San Francisco. CHAIRMAN DAVIS: Anything in the way of a BCC report, Mr. Nino? Anything of interest that's happened? MR. NINO: Well, you might be interested to know'that the board declined to accept your y reside recommendation on the Wiggins Ba rezoning request. residential CHAIRMAN DAVIS: Uh -huh. MR. NINO: Looks like they're district, whether they like itorenotuck with a commercial zoning CHAIRMAN DAVIS: Uh -huh. The - going to them yet? The one we su has it got a lot of PUD? Is that MR. NINO: Next week. 99ested they put back to ag? CHAIRMAN DAVIS: Next week. MS. STUDENT: If I might, Mr. Chairman, Mr. Nino I earlier this week a substantially revised document, andnI'verreviewd ed it. And there are still some problems with it, but not at all he in the Page 2 1661 As March 19, 1998 magnitude that they were. CHAIRMAN DAVIS: Maybe they got our hint. MS. STUDENT: I think they did. COMMISSIONER YORK: They got the message. CHAIRMAN DAVIS: Okay. With that, advertised public hearings. that moves us right into our g COMMISSIONER OATES• Petition CP97 -2. of the trust in m Mr. Chairman, I didn't see the beneficiaries COMMISSIONERYURBANIK: It was in else need a copy? the original petition. Anyone CHAIRMAN DAVIS: Do we need to swear on -- swear everyone in on this growth -- MS. STUDENT: No. CHAIRMAN DAVIS: -- management plan? MS. STUDENT: No, you don't, because -- am I correct, Lee, it's not a small scale amendment? MS. LAYNE: No, it is rot. MS. STUDENT: No. No, it's - CHAIRMAN DAVIS: Thank you, MS. STUDENT: - legislative, so CHAIRMAN DAVIS Oka You don't need to -- �' All right. With that, Ms. Layne, if you would like to proceed and educate us. MS. LAYNE: Good morning, Commissioners, Lee Layne for the record. This is the adoption hearing for petition CP97 -02. If you remember, you heard the transmittal hearing back in October. It was to add the new Pine Ridge Road mixed use district, just to the west of the Pine Ridge Road activity center, and to allow to allow for conditional uses over five acres. for office uses and We got the ORK report back from DCA. They had several points that it was not shown on a map. We sent the entire packet that you had received in October. It showed the district on the map. on the -- page three is that same map that we sent up to them.In fact, They didn't like that we just listed conditional uses, recommending that we add all of so we're the uses that can be allowed in the estates district. The intensity of uses: commercial to 35,000 s We had limited the e FAR-45 for the conditional uses. We � re putting in an intensity of an wetlands that the eastern 2.59 acres dwould notpbe developed. for the and IWe hametnot with from DC A. We had - Mr. Duane and Mr. Anderson them for their comments of what we wereCA about a month ago and asked from them, so we still don't know if we'veosatisfiedethem. nBut thwerd recommend that you adopt the recommendations that staff is - CHAIRMAN DAVIS: Okay. Questions of Ms. Layne? Mr. Duane, do you have anything to add? Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. Motion? COMMISSIONER YORK: Mr. Chairman, I move we forward CP97 -02 to the Board of County Commissioners with recommendation of approval with Page 3 16G1." the stipulations as outlined in the staff report March 19, 1998 COMMISSIONER OATES: Second. P t' transmittal C AIRMAN DAVIS: Motion of a recommendation of approval Y Mr. York, seconded b ussion? and nif y Mr. Oates. Discussion? All those in favor Signify Y by saying aye. (No response.) CHAIRMAN DAVIS: Carries unanimously. Petition . testify on this s peti tion I would ask all those here today that ma peti that you may be sworn. Please stand and raise y to (All speakers were duly our right hand so CHAIRMAN DAVIS: Y sworn.) COMMISSIONER OATES: Oates? guess. Mr. Chairman, again, I'd like to complain, I CHAIRMAN DAVIS: Okay. COMMISSIONER, OATES: I find that his ma P. while it has a lot of detail about the immediate area, I mean, I happen to know where ity�s don't t have any idea where it is. where we get the overall but we I think I like those MR. GOCHENAUER: picture map and then more specific. COMMISSIONER OATESeS�ThanksI can make a change to do that. CHAIRMAN DAVIS: Thank you. MR. GOCHENAUER: Good morning, The petitioner's re Commissioners. three -inch questing approval to construct an 18 -inch, (sic) by 30 -foot boat house on a conforming dock currently under construction. No dock extension is needed or re The property is located at 371 Bayside Avenue, in Connors Vanderbilt Beach required. and is a corner lot containing about 64 feet of water frontage on the bay and about 102 feet on the canal. is located on the canal. The waterway's about 100 feet Proposed site. The dock wide at the The proposed boat house would cover about 45 square footage of the dock area. Percent of the total and that's an error. The staff report says 35 There's an existingvboatwhouseaandrabchickeeth math. percent, dock in this canal in the immediate area of the subject We've received one written objection to the s`ructure over a objection is sort of a Property. general objection to boat The appear to be specific. It's from Opposite side of the canal diagonally poperty owners located on the P And I 11 across off Lagoon Avenue, lot 12 houses, and I quote that the property owners feel that boat quote, are at best unsightly and a definite detriment to views, and that most of us bought waterfront property Of us bought waterfront The staff criteria property to appreciate, to -" that most there doesn't rcri appear to have been met in this case and property adjacent ppear to be any obstruction of views on the property owners, which was our principal concern. We had one visit r wanted to look at the y property owners also across the canal. They plans, and when they saw them, they had no Page 4 16G1P4 March 19, 1998 objection to the project. The proposed facility does meet all staff criteria, and we do recommend approval. Any questions? CHAIRMAN DAVIS: Questions of staff? COMMISSIONER YORK: Ross, this is not the first boat house in this particular area then? MR. GOCHENATJER: No, sir, there's a boat house, I believe, on -- no, I don't believe. There's a boat house on lot 12 to the east of the property, and there's also a chickee structure that the county treats the same way they do a boat house, diagonally across on lot six off Lagoon Avenue. COMMISSIONERt YORK: Thank you. MR. GOCHENAUER: Yes, sir. CHAIRMAN DAVIS: Anybody else? Would petitioner like to speak? MR. SCHULTZ: Good morning. I'm just -- CHAIRMAN DAVIS: Identify yourself. MR. SCHULTZ: Tom Schultz, I'm sorry. I'm here in case you have some questions to ask me. CHAIRMAN DAVIS: Any questions of the petitioner? Okay, thank you, no questions of you. Anyone else to speak on this petition? Seeing none, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, I move we approve BD98 -2. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Oates, seconded by Mr. Pedone. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Thank you. To the applicant -- the applicant should be aware that this boat dock petition may be appealed by an affected property owner within 14 days of this hearing, and therefore, the applicant proceeds with construction at his or her own risk during this period. I'm required to read that to you. COMMISSIONER PEDONE: You do it so nicely, though. CHAIRMAN DAVIS: And thank you very much. COMMISSIONER YORK: He has to be reminded, though. it. CHAIRMAN DAVIS: Yes. Mr. York is good about reminding me to do PSP97 -6. Once again, I'd ask all those present that may want to testify on this petition to please stand and raise your right hand so that you may be sworn. (All speakers were duly sworn.) MR. NINO: My name is Ron Nino. Petition PSP97 -6 is -- asks your approval of a subdivision master plan in the Railhead industrial general area off of Old 41. You'll know it from the plat on the map -- plat on the board, I mean. Across the :street from this project is the Landmark Estates Page 5 Iz G1-, s March 19, 1993 Mobile Homes development. All of this land from here north is all zoned industrial, and of course the Railhead Industrial Park is up here in this general area here. This plan does make provision for the extension of Livingston Road east -west, and also makes provision for a substantial water retention area which our utilities and drainage people have requested. Otherwise, it's a pretty straightforward preliminary subdivision plat. Street corning in off of Old 41 ends up with a cul -de -sac here. Potential for that street, you also connect with Livingston Road further west of Old 41. Thirty -six lots. I think most people would argue that Collier County does need these types of industrial parks. It's consistent with lot regulations for industrially zoned districts. We have promulgated a number of stipulations for this petition, and they do address and respond to recommendations of the environmental advisory board and of various reviewing staff to make sure that this project as it develops is consistent with requirements of the Land Development Code. The petitioner isn't here. I -- he does have the staff report. And he didn't indicate to me via telephone that they had any problems with any of the conditions, so maybe they simply assumed it was a slam dunk or he forgot. CHAIRMAN DAVIS: Maybe we should continue this to our next meeting, since we might have a question or two. MR. NINO: Whatever suits you. CHAIRMAN DAVIS: No, it seems pretty straightforward, and you've indicated that all the T's are crossed and all the I's are dotted. Any questions of staff? Anyone else to speak on this petition? Seeing none, close the public hearing. COMMISSIONER YORK: Mr. Chairman, I recommend we forward -- we approve PSP97 -6. COMMISSIONED, OATES: Second. Oates CHAIRMAN DAVIS: Motion of approval by Mr. York, seconded by Mr. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. COMMISSIONER OATES: Mr. Chairman, on the next petition, the letter of authorization has crossed out as owner and it has trustee, and I don't see anything in the papers that says who's the beneficiary of the trust, so -- CHAIRMAN DAVIS: Maybe Mr. Milk or the petitioner's representative will be able to enlighten us on that. PUD96 -12. Once again, I'd ask all those present that may testify on this petition to please stand and raise your right hand so that you may be sworn. (All speakers were duly sworn.) Page 6 16GI q61% March 19, 1998 CHAIRMAN DAVIS: Brian, can you help us with that -- MR. MILK: I'm sorry, I -- CHAIRMAN DAVIS: -- ownership issue? MR. MILK: Yeah, I caught about half of that. COMMISSIONER OATES: The letter of authorization, he's crossed out owner and put trustee, and I don't see in our papers any beneficiaries of the trust. MR. MILK: I think Mr. Butler is on behalf of -- I think he can answer that. MR. BUTLER: Gary Butler, representative of the petitioner. It probably is in a trust. I was unaware of that. But if it isn't a trust, it's in his sole name. He's single. He may leave it to his future kids or something like that, but there are no trustees or -- COMMISSIONER OATES: But we need to know who the beneficiaries of the trust are. MR. BUTLER: He has some kids that are on the way that are not even born yet. I suspect he's trustee of a trust that does leave it to anybody except_ -- 0014MISSIONER OATES: Well, I don't think that's -- as far as I'm concerned, we need to know who the beneficiaries of the trust are. I mean, we got ourselves in a mess before when we didn't know the beneficiaries of the trust. -- COMMISSIONER YORK: Uh -huh. They have to be divulged at the time MR. BUTLER: I could try to check on that right now, if you'd like me to. COMMISSIONED, OATES: I would -- I will not vote for it without knowing who the beneficiaries of the trust are. MR. BUTLER: I can assure you there are -- he is the sole trustee of the trust, but I'll double check on that, and I'll -- CHAIRMAN DAVIS: Okay. MR. BUTLER: -- and try and make -- COMMISSIONER YORK: We'll move it to the end of the agenda? CHAIRMAN DAVIS: Yeah, let's do that. Let's -- we're going to move you to the last item and move CU97 -26 forward to hear it now. That will give you a little time, Mr. Butler. MR. BUTLER: Thank you. CHAIRMAN DAVIS: And on CU97 -26, I'll ask all those present that are going to speak on this petition, please stand and raise your right hand so that you may be sworn. (All speakers were duly sworn.) CHAIRMAN DAVIS: Ms. Murray. MS. MURRAY: Good morning. Susan Murray. Subject site is a 5.10 acre parcel, and that's located on the north side of Pine Ridge Road, approximately 600 feet west of the intersection of Livingston Road and Pine Ridge Road. The applicant is applying for a conditional use approval to conduct recreational types of uses for sports and instruction of exercise classes, physical fitness, Yoga classes, Karate classes, lawn Page 7 16GI March 19, 1998 bowling, croquet and indoor recreational uses of a similar nature. The western third of the site consists of jurisdictional wetlands, and the applicant's proposed scenario consists -- concentrates building and parking which we -- would be developed in three phases along the eastern side of the subject site. Access to the site is planned via a driveway entrance located off Pine Ridge Road. The first phase of development would consist of a five to 10,000 square foot building and required parking area. Subsequent phases would include the addition of two more buildings for recreational and instructional use and their required parking. The site plan indicates that future development may include cabin structures. These would be used to periodically house out -of -town instructors and camp participants. And the site plan also indicates a Possibility of establishing an interconnection between the northern boundary of the proposed parking lot, when it is developed, and the southern boundary of a parking lot located at the Community School. The surrounding land uses are similr.r to or more intense than the proposed use, and staff's analysis revealed that they would be generally compatible to the proposed use. To the north we have the Community School; to the south, Pine Ridge Road right -of -way; to the west, the Progressive Gymnastics School; and to the east, there's a retail nursery located at the corner of Pine Ridge and Livingston Road. The area immediately abutting the eastern property boundary of the subject site consists of the landscape storage area for that nursery. There weren't any outstanding issues that staff identified in their analysis. There's a list of stipulations attached to your resolution of adoption, which are fairly standard. If you have any questions, I'll be happy to try and answer them for you. Terry Kepple is also here in the audience representing the applicant, if you have questions of him. CHAIRMAN DAVIS: Questions of Ms. Murray? COMMISSIONER YORK: Susan, is there a right -of -way there for the future development of Livingston Road? MS. MURRAY: Right -of -way? COMMISSIONER YORK: On that piece of property? MS. MURRAY: I don't believe so. CHAIRMAN DAVIS: I don't think so. MS. MURRAY: No, I think that's further - COMMISSIONER OATES: East? MS. MURRAY: -- east. CHAIRMAN DAVIS: Okay. Any other questions? Mr. Kepple, anything to add? MR. KEPPLE: Good morning. For the record, Terry Kepple, representing the petitioner. I don't really have anything else to add at this point. The owner is proposing instructional facilities for recreational uses, as Ms. Murray stated. His specifics are not known at this time. He's trying to put his long -range program into effect, of course, based on Page 8 16G1 01 March 19, 1998 approval today and at the board meeting. As far as the one question regarding Livingston Road, it is -- it is farther to the COMMISSIONER MR. KEPPLE: questions? CHAIRMAN DAV COMMISSIONER shooting? MR KEPPLE east off the property. OATES: I see that now, thank you. I don't have anything else to add. If you have any IS: Any questions? Ms. Urbanik? URBANIK: Instructional use. Would there be • No, no -- no rifle shooting or anything of that nature. Yoga classes, exercise classes, things of that nature. CHAIRMAN DAVIS: Anybody else? Thank you. Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, having filled out my conditional use sheet, I would move that we recommend approval of petition CU97 -26. COMMISSIONER YORK: Second. CHAIRMAN DAVIS: Motion of recommendation of approval by Mr. Oates, seconded by Mr. York. Any discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Take a moment here and fill out your finding of fact sheet. Are we okay to go forward, Mr. Butler? MR. BUTLER: I assume he's a trustee or beneficiary, but I don't know that I can confirm that. CHAIRMAN DAVIS: We don't seem to have the information on the trust that we need. What's the board's pleasure as far as this petition? COMMISSIONER OATES: Mr. Chairman, I told you, I'm going to vote against it until I know who the beneficiaries of the trust are. COMMISSIONER YORK: I'd move to continue the item until such time as that information can be forthcoming. CHAIRMAN DAVIS: Next meeting? Okay, motion to continue petition PUD97 -12 to our next regularly scheduled meeting. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Motion by Mr. York, seconded by Mr. Pedone. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. Item F, I think we probably need a motion to continue it indefinitely -- COMMISSIONER PRIDDY: So moved. CHAIRMAN DAVIS: -- PUD97 -17. Page 9 16GIty March 19, 1998 COMMISSIONER WRAGE: Second. CHAIRMAN DAVIS: Motion -- COMMISSIONER OATES: Mr. Chairman, can we move -- continue indefinitely? I thought we had to -- MR. NINO: Well, if it goes beyond five weeks, we'll have to readvertise it, if we can. CHAIRMAN DAVIS: So in effect, we're continuing it past five weeks and it will have to be readvertised and -- okay. MR. NINO: Yes. CHAIRMAN DAVIS: That motion was made by Mr. Priddy, seconded by Mr. Wrage. Any discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. or -- COMMISSIONER PRIDDY: Do we need to hang on to item D, materials COMMISSIONER WRAGE: No, they'll be replaced. CHAIRMAN DAVIS: And there being no further business to come before this board, we are in adjournment, for the record. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:50 a.m. COLLIER COUNTY PANNING COMMISSION MICHAEL DAVIS, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' R. LEONE, NOTARY PUBLIC Page 10 0 16G101 DECEMBER' 1 <7199Y F— D 0 MAR t tl 1998 TRANSCRIPT OF THE 14EETI14G OF THE ;, - .,,uuLy �,ummis,ioners COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMt�ifT' EE �,. NAPLES, FLORIDA, DECEMBER 1, 1997 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Committee having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building F of the Government Complex, East Naples, Florida with the following members present: CHAIRPERSON: PAT BAISLEY BRIA14 PEASE T014 LUGRIN CLIFF FLEGAL ANTHONY TESAURO • ALSO PRESENT: THOMAS C. PALMER, ESQ., Assistant County Attorney MARIA E. CRUZ, Code Enforcement Specialist horr i s i Hancock Constantine� -- Mac'Kie .Berry Misc. COff741 : Da`e: Itemt' Copies To: Page 1 .11-24-)997 5 : 29PH FRO1.1 643 8345 AGENDA . COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTFE December 1, 1997 8:30 a.m. COLT,IER COUNTY GOVER MENT CENTER '3301 E. TAMIAMI TR. ADMINIS AT2VE BUILDING THIRD FLOOR a P. I 16Glq-01 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MINUTES September 3, 1997, October 1, 1997 and November 5, 1997 IV. NEW BUS 724ESS : A. Sandra H. Fordley - d /b /a AA Transportation Request for approval to operate a charter service B. Frank Weppner d /b /a Aristocrat Luxury Traneportation, Inc., - Request for approval to operate a charter service C. Roger Dykstra - The Harvest Pie Company d /b /a Orchids & Egrets, Inc. - Request for approval to operate a charter service D. The Nellie Group, Inc., d /b /a A- Action Taxi - Approval to add an officer E. Immokalee Limousine Service, Inc. - Company name change V. OLD BUSINESS: VI. REPORTS: VII. DISCUSSION: VIII. NEXT MEETING DATE: March 2, 1997 1 bG1141 DECEMBER 1, 1997 • CHAIRPERSON BAISLEY: I'd like to open the meeting of the Collier County Public Vehicle Advisory Committee of December 1st, 1997 to order. Do we have any additions or deletions to our agenda today? MS. CRUZ: Yes, ma'am. For the record, my name is Maria Cruz, Code Enforcement Specialist. Under New Business, Item E, we'd like to remove that item from the agenda. CHAIRPERSONI BAISLEY: Okay. Do we have any other additions or deletions? (No response.) CHAIRPERSOI,I BAISLEY: None? Do I have an approval of today's agenda? MR. LUGRIN: I move we approve the agenda. MR. FLEGAL: Second. CHAIRPERS014 BAISLEY: All in favor, say aye. Approved. Now, I need an approval of the minutes from September 3rd, October Ist and November 5th. MIR. FLEGAL: I make a motion we approve all three minutes -- CHAIPpPpcn BAISLEY: Do I have a second? MR. FLEGAL: -- as written. MR. LUGRIN: I'll second. • CHAIRPERSON BAISLEY: All in favor, say aye. So approved. we move on to new business. We have an application Fordley doing business as AA Transportation, request for operate a charter service. Is Sandra Fordley present? MS. FORDLEY: I am. M.S. CRUZ: Madam Chairman, we also have a -- excuse My mind went blank. Your name? MS. BROWN: Nancy Brown. MS. CRUZ • Plane- B from Sandra approval to me a second. I row'n. Nancy Brown owns AA Transportation. MR. LUGRIN: Question, and from either of you two ladies. This appears to be a sale of a business, change of ownership. Could we get a little clarification as to -- MS. BROWN: That's correct. Except the business is not in operation, so I -- the way I look at it, I came in about a month ago to reestablish the occupational license and it was going to be very involved again to have the criminal background and do all of that. felt the business is not operating. There's no business to sell per I se until Sandra arrived. Sandra can b has nothing the name is think you p Tallahassee transfer on • business to usiness if she to do with the sale of this what's in -- is confusing. robably have a copy of, that or I can transfer the name, that form so -- you know, b sell. She can start -- wants to. It does not -- it particular business. I think And I wrote a letter, which I I can cancel the name in but I don't think there's a it other than that, there'3 no Page 2 I6GI DECEMBER 1, 1997 • MS. CRUZ: Excuse me, Madam Chairman. Can we have them stand -- CHAIRPERSON BAISLEY: Certainly. MS. CRUZ: -- by the microphone? CHAIRPERSON BAISLEY: Would you please stand up as you speak so that you can be recognized? MS. BROWN: Okay. MR. FLEGAL: Over here at the microphone. CHAIRPERSON BAISLEY: At the microphone. MS. CRUZ: Miss Brown, you can go up to the stand. MS. BROWN: Right here? MS. CRUZ: Please. CHAIRPERSON BAISLEY: I do have a question. The sales agreement that's attached with the papers that were submitted is dated June 17th. At that time you still did have a permit. MS. BROWN: Right. That is correct. -- CHAIRPERSON; BAISLEY: So, you did sell it to her on June 17th or MS. BROW'14: It never -- it never transferred. Nothing ever changed. Nothing was ever turned over to me at that time. The operation did not change. The occupational license stayed in my name. She was to get one in September and canceled before the board at that time. So, all I did in October was cancel my occupational license because of reasons beyond my control at that point. I did not want to • have the responsibility of the business. MR. FLEGAL: I thought we went through this before. Isn't there a 30 -day -- MS - BROWN: Right. MR. FLEGAL: -- of business? MS. BROWN: I remember you saying that before. tIR. FLEGAL: Yeah. This was June and this is now December. t•IS. BROWN: And you're the one that even mentioned also that there is no business, and -- and if I did not go through reestablishing the occupational license, which I have done nothing since the last meeting. CHAIRPERSON BAISLEY: Also in this packet is an insurance certificate dated 2-lay 27th, which has Sandra Fordley's name on it and not yours. It says AA Transportation, Sandra Fordley -- MS. BROWN: Right. CHAIRPERSON BAISLEY: -- doing business. MS. BROWN: But that was also changed back. CHAIRPERSON BAISLEY: So, you -- MS. BROWN: That was also changed back. She did put it in her name on the insurance but that was also turned back into AA Transportation and not her name. MR. FLEGAL: Maria, is -- is this a totally new application, brand new off -- like never existed? Is that what we're doing? MS. CRUZ: Mrs. Fordley's application is a brand new application. MR. FLEGAL: It is brand new. But it's using a name that was in existence before? MS. CRUZ: Correct. Page 3 MR. FLEGAL: Okay. Do we have the saying that, you know, she can use this MS. CRUZ: I have in the file from Tallahassee verifying the filing of the Transportation. MR. FLEGAL: Okay. But that's for 16GIjo1w DECEMBER 1, 1997 documents from the state name or -- Mrs. Brown a letter from fictitious name as AA Mrs. Brown. CRUZ: F_xactly. FLEGAL: Okay. How do we get from Mrs. Broom to Mrs. Fordley with the same name company? M'S. CRUZ: I don't have the exact date in front of me now, but Mrs. -- at one time Mrs. Fordley was purchasing the business from Mrs. Brown, including the AA Transportation name. place MR. FLEGAL: Okay. But I thought you said that didn't take MS. BROWN: No, it never did in June. MR. FLEGAL: Okay. So, if that didn't take place, then Miss Brown still has the name as far as Tallahassee is concerned. MS. BROWN: That's correct. MR. FLEGAL: It's her company. She can't have the same company. MS. BROWN: The name is still in my name. MR. FLEGAL: Okay. MR. PALMER: Well, there would be a -- there is a -- I don't know the details, but there's certainly a way to transfer the name, but it's got to be doze at every place where this name is officially recognized. • MR. FLEGAL: But I don't think it's been done. MR. PALMER: I don't think it has been done either. And also, the insurance company, there could be insurance problems here unless it's -- the insurance company understands that AA Transportation now has new principals. MR. FLEGAL: Right. MR. PALMER: rnd all of these things should be taken care of so that every place where this name has a -- has a physical for -- or a formal -- a legal formality. It ought to be recognized that the -- MR. FLEGAL: Right. MR. PALMER: -- that the principal is no longer -- is being changed to a new owner, Mrs. Fordley. MR. FLEGAL: Right. MR. PALMER: And until that's done, there -- there could be complications here. MR. FLEGAL: And I don't think that's been done, I mean at least from what I'm seeing here -- MS. BROWN: No. MR. FLEGAL: -- and, one, what I'm hearing. MS. BROWN: What -- what I have here, I can cancel my name in Tallahassee and then she can run -- operate a business as any name she would like to. But I can cancel my name and I will do so. I will do that today. I will send this in, but I have -- MR. FLEGAL: But I think until that's done, she can't get a • permit to operate. MS. BROWN: Okay. Page 4 1614% DECEMBER 1, 1997 • MR. PALMER: Well, now, I'm not -- MS. BROWN: Well, I will do that. MR. PAL14ER: I'm not certain that canceling the name is going to make the name eligible necessarily -- MR. FLEGAL: Right. MR. PAL14ER: -- for Mrs. Fordley. MR. FLEGAL: I understand that part. MR. PALMER: It ought to be a formal transfer, if that's possible, not just a cancellation, otherwise Mrs. Fordley may find out the name is not available to her. MR. FLEGAL: Right. MR. PALMER: And these are the kind of details that ought to be worked out. That name may go in abeyance for two years or something. I don't know what the rules are, but unless there's a formal acknowledgment that there's a transfer here that's being recognized by the transferor, Tallahassee may not recognize it. I don't know the details on that, but it may just say, I'm canceling my name. Mrs. Fordley calls up and says -- they're going to say the name -- they may say the name is not available for a period of time. CHAIRPERSON BAISLEY: Didn't Mrs. Fordley come in and apply earlier in the year and then it got -- MS. FORDLEY: That's correct. CHAIRPERSON BAISLEY: -- put aside or something? MR. PALMER: Well, if she's got a -- in fact, if she's got dibs on it but we don't know that. I can't -- nobody can say for sure, •including Mrs. Fordley, that that name will in fact be available if it is just canceled. CHAIRPERS014 BAISLEY: I mean, didn't you come in front of the board earlier in the year? MS. BROi1N: No. I haven't been in front of the board. CHAIRPERSON BAISLEY: You never came but it was on the agenda. MS. CRUZ: She was scheduled to appear before the board, but then MS. BROWN: Right. MS. CRUZ: -- she requested that the application be continued to another board meeting. CHAIRPERSON BAISLEY: I thought it was on there before. MS. FORDLEY: I'd like to add a few words. MR. LUGRIN: Please. MS. FORDLEY: Okay. I have a contract here that stated June 17th. I have an attorney who is a contract and business law attorney. He says this is a valid sales contract. Okay? And, so, the business has not been operating lately because Nancy canceled the license, but I have a sales agreement that I bought this business in June. The yellow page advertising is in place, the business cards are out, the vehicle is registered in AA Transportation. The folks in the community are aware of this name and in need of the service. It's all been put on hold because the license was canceled, but I have a sales agreement. . And I assume that because I have the sales agreement that Nancy Page 5 IbG1%%% DECEMBER 1, 1997 •will do what she needs to do with Tallahassee to transfer this name. I mean, I purchased this business. CHAIRPERS014 BAISLEY: So, you're saying that you did purchase it in June. I-IS. FORDLEY: Yes. Yes. I have a sales agreement that my attorney says is valid and it's in -- it's June 17th. CHAIRPERS014 BAISLEY: And, Nancy, you're saying she didn't purchase it in June and it didn't go through. MS. BROWN: I'm saying that none of the things were met at that Lime on the sales agreement, so it never operated with Sandra Fordley as owner. I4S. FORDLEY: No, because the sales agreement says that the day that I am licensed, then I have full ownership of it. I couldn't do anything until I had full ownership. MR. PEASE: I'feel like I'm on the People's Court. MS. FORDLEY: Yeah, I know. It feels like it, too. I just wanted to -- I just want, you know, the easiest thing done to get out of this. MR. LUGRIN: If we could -- let's reduce this to what this committee can address and what it can't and separate those two -- MS. FORDLEY: Okay. MR. LUGRIN: -- because the validity of your sales contract is out of our -- MS. FORDLEY: Right. MR. LUGRIN: Neither -- neither is a corporation; is that •correct? MS. BROWN: Correct. MS. FORDLEY: IJo . MR. LUGRIN: So, we're -- we're really -- you -all can sell assets back and forth to one another until the cows come home as far as we're concerned. What's at issue here is you're applying for a new certificate to operate -- MS. FORDLEY: MR. LUGRIN: I•IS . FORDLEY: I•iR . LUGRIN: MS. FORDLEY: applicant -- MR. LUGRIN: MS. FORDLEY: MR. LUGRIN: are. Okay. A d/ we're concerned. MS. FORDLEY: I'm applying for a certificate -- -- right now. Certificate to operate -- -- for AA Transportation. -- brand new as a -- you're a new applicant. I'm a new applicant. Sandra Fordley is a new Right. -- as owner of AA Transportation. Business names are not entities in this -- people b/a is a mythical airy nonsubstantial thing as far as Now, Tallahassee, there's a different story here. Well, I didn't know that I was coming in as a -- I mean, I am a new applicant -- MR. LUGRI14: Absolutely. MS. FORDLEY: -- but of an existing business. MR. LUGRIN: We can consider you a new applicant. You're Sandra Fordley from that was Fort Myers Beach? MS. FORDLEY: Yes. Page 6 16G1 014 DECEMBER 1, 1997 MR. LUGRIN: And you're coming in to Collier County wanting to operate it as -- MS. FORDLEY: Yes. MR. LUGRIN: -- AA Transportation. MS. FORDLEY: Yes . MR. LUGRI14: We -- there is already an existing entity in Collier County with that name. Now, that's a deceptively similar -- MS. FORDLEY: Which has been sold to me. MR. LUGRIN: I guess what I want to hear is that you don't want AA Transportation. You're willing and you're happy -- MS . BRO'Vill : I don't want it. MR. LUGRIN: -- fully -- the name -- I mean, the name is really all that's at issue here. MS. BR0�JI,4: That is, but I -- MR. LUGRIN: ter. Palmer, is that correct? MS. BROW14: -- don't see any way to transfer the name on this -- this application into -- for Tallahassee. I don't see a way to transfer it. MR. PEASE: Well, ironically, the sales agreement is for 99 percent, so she retains one percent ownership. MS. FORDLEY: Until I'm licensed. Until I am licensed. The last paragraph says that. CHAIRPERS014 BAISLEY: Until you have an occupational license. t•SS . FORDLEY: Yeah . MIR. PEASE: So, what we currently have is a change in the • ownership, not totally, but we've added one partner. Is that true or am I correct that there -- MR. LUGRIN: I'm not hearing that there's a partnership here. t•IS. FORDLEY: No, there's no partnership. MR. PEASE: Yeah. That's true. But that's what it is, I mean, at this point. MR. LUGRIN: We're selling a vehicle and let's say the -- the rights to use the name AA Transportation. Is that -- MS. FORDLEY: Correct. MR. LUGRIN: Is that -- Nancy, is that -- MS. BROWN: Yeah. MR. LUGRIN: We'd have to consider Sandra on her own merits as an operator, fitness. MR. PALMER: Yes. And it says that when she gets her -- her occupational license, I take it that's Collier County Occupational License -- MS. FORDLEY: Yes. MR. PALMER: -- that the last one percent will automatically transfer, but we understand that these are sole proprietors doing business as, which is a fictitious name. The thing that we're concerned about is to make sure that the insurance company understands that AA Transportation is no longer Mrs. Brown but is Mrs. Fordley because they're -- they're insuring an individual. They're not insuring a fictitious name. t•1S. FORDLEY: I have an insurance certificate -- sorry to . interrupt -- Page 7 16G 1 W1 DECEMBER 1, 1997 • MR. PALMER: Okay. MS. FORDLEY: -- but it's dated November 24th. It's in my name, AA Transportation. V'-". PALMER: All right. They understand that the -- MS. FORDLEY: Yes. MR. PALMER: -- resident -- that's fine. MS. FORDLEY: Yes. MR. PALMER: And I don't know what this is in Tallahassee but you want to make sure if in fact that Tallahassee thing is a -- is a concern to you. I just want to make sure that they recognize that you are now the owner of AA -- MS. FORDLEY: Correct. MR. PALMER: -- Transportation. MS. FORDLEY: And -- and I need you folks to tell me or tell Nancy how to go about doing that. MR. PALMER: Well, what is that registration in Tallahassee? I don't understand what that is. MS. BRO'N74: It's a -- I have the registration. MR. PALMER: A registration with whom is it? Is that -- MS. BROWN: Well, the fictitious name in Tallahassee. I have the -- the application. MR. PALMER: Oh, okay. Well, that -- that -- that must be readily decidable. It's probably done a thousand times, but that just has to be followed through on. • MS . MP' ERO-WN : FLEGAL: Okay. I can do that. Okay. But now that we're changing in people AA Transportation, could she do a fictitious name? MR. PALMER: Yes. Yes. She can register and -- so that AA Transportation -- she is now the principal -- MR. FLEGAL: Right. MR. PALMER: -- of AA Transportation. MR. FLEGAL: But she hasn't done that yet. MR. PALMER: It shouldn't be a problem though. MS. FORDLEY: Okay. Good. I -- I'm not sure how to go about that. MR. TESAURO: Naples Daily News. MR. FLEGAL: You run an ad -- CHAIRPERSON BAISLEY: You run an ad. MR. FLEGAL: -- and it says that you, Sandra Fordley, are doing business as AA Transportation -- MS. FORDLEY: Okay. MR. FLEGAL: -- so that the world knows that when they see P.A Transportation, it's you and not her, because right now everybody thinks of her. MS. FORDLEY: Right. MR. FLEGAL: Now, you have to tell the world you're changing. MS. FORDLEY: How long does that have to run; a week or -- MR. FLEGAL: That, I can't tell you. MR. PALMER: I don't know the details either, but it's not a • it's a very simple process. MS. FORDLEY: Okay. Page 8 16 G 111, DECEMBER 1, 1997 MR. LUGRIN: I think if you were in here going for BB Transportation, we'd just be talking to you as an applicant, very simple. But there's a cloud here that if she was out of town, fcr example, and came back into town next month and you're running around using her fictitious name -- MS. FORDLEY: Right. MR. LUGRIN: -- that would be a -- 14S. FORDLEY: Oh, that's no problem then. I can take care of that right away, or I guess I take care of that as soon as I'm officially licensed. Is that correct? MS. BROWN: I think you can do that beforehand. M.R. PALMER: Oh, I don't think -- MS. BROWN: I did mine beforehand. MR. PALMER: -- that the transfer in Tallahassee is a critical prerequisite condiEion but it ought to be done immediately, without delay. MR. FLEGAL: And you're only going to have one vehicle. t•IS. FORDLEY: Well, there are two vehicles. This sale concerns four vehicles. MR. FLEGAL: Right, but I say -- MS. FORDLEY: But there -- MR. FLEGAL: -- in the application, the only -- MS. FORDLEY: In the application, there's only one. MR. FLEGAL: There' s one. MS. FORDLEY: Then we're only concerned with one at this point -- . MR. FLEGAL: Okay. MS. FORDLEY: -- yes. Now, so 1 understand that Nancy Brown is going to take care of this business in 'Tallahassee with the -- I -IS . SROt,ZJ : - ' l l take care of it. MS. FORDLEY: -- the fictitious name; is that correct? MS. BROb,-J: 7111 take care of it. MR. LUGRIN: Well, I think you both do. MS. BR047N: Or what I can do, yes. MR. PALMER: I would do it together and make sure that they recognize -- to confirm it, in fact, that she's not just canceling but she's assigning it over to you where there's no complications that they'll say, no, you can't do it that way. I think you do it together as like co- applicants. I don't think there would be a problem in r.hat regard then. MS. BROWN: Okay. I can fill it out. MR. TESAURO: You say the vehicle hasn't been used since June? MR. FLEGAL: I'm assuming. The vehicle has not been used since June; right? MS. BROWN: No, it hasn't been used since October since the license was revoked, this October 3rd when the license was revoked. It has been used since June. MR. FLEGAL: Okay. But in October, the license was -- MS. BROWN: I requested that the license be revoked. I could not -- I wasn't even here. I wasn't in Naples. • MR. FLEGAL: Okay. So, you don't have a license anymore; is that Page 9 1.6G14% DECEMBER 1, 1997 • right? MS. BROWN: I don't have a license and I did it on my own. MR. FLEGAL: Okay. MS. BROWN: I did that on my own. MR. FLEGAL: Thank you. CHAIRPERSON BAISLEY: That's what I was getting at is at the point of June there was some confusion here as to the ownership of the MR. FLEGAL: Right. MR. TESAURO: Yeah. CHAIRPERSON BAISLEY: -- corporation. We weren't aware of -- MR. TESAURO: It was just a transfer on paper but the vehicle wasn't used much, right? MS. BROWN: In June? MR. TESAURO: 'Well, she had a paper, a bill of sale, dated June, if I heard correctly. MS. BROWN: The operation has still operated as normal from June on, just as normal. MR. TESAURO: Under your name though. MS. BROWN: Under my name. MR. TESAURO: You mean, AA as sole proprietor. MS. BROWN: Exactly. MR. TESAURO: Even though she had a contract dated June that was valid. MS. BROWN: Right. MR. TESAURO: But nothing transferred as far as motor vehicle or further -- MS. BROWN: t]othing transferred. MR. FLEGAL: Maria, do we -- do we not get copies of vehicle title transfers? MS. CRUZ: I get a copy of the registration on these. MR. FLEGAL: Okay. I didn't see that in here. Maybe I missed it. MS. CRUZ: Page 9. MR. FLEGAL: Uh -huh, okay. MS. CRUZ: The registration that we received with the application is registered to AA Transportation, that particular vehicle. MR. FLEGAL: Yeah, but AA Transportation already owned it before. I mean, she was AA Transportation. Now, she's going to be AA Transportation. This vehicle, I would assume, was yours in your name? MS. BROWN: It was in the name of AA, uh -huh. MR. FLEGAL: Okay. Now, it's still in the name of AA, so how do we know that she ovms it other than the sales contract which -- MS. FORDLEY: We have a sales agreement and -- and also I want to -- I want to mention the fact that in June the conditions of the contract were met with all the payments of the loans that Nancy had in her name. I paid those off in anticipation of buying this business and I have the receipts for that. MR. FLEGAL: Well, my concern is we have a vehicle that was in AA Transportation's name. • MS. FORDLEY: Right. Page 10 16G1 '11 DECEMBER 1, 1997 .MR. FLEGAL: And now it's still in AA, but how do I know that you're the owner of the vehicle, I mean other than this sales agreement? MS. FORDLEY: Well, I -- all I can tell you is I have the certificate of insurance that says AA Transportation, Sandra Fordley doing business as AA Transportation. If there's something else required to -- to show -- MR. FLEGAL: Okay. MS. FORDLEY: -- I'd be happy to do that. MR. FLEGAL: Since it's transferred -- MS. BROWN: She has all of the titles to the vehicles. I've never had access to the titles. There was someone else that was actually running the business and I never have actually had the titles or anything in my control. MR. TESAURO: Well, that's because there was liens on it. That's why you didn't have the title. MS. BROWN: No, no, no. They're paid in full, but Sandra does have all of that. MR. FLEGAL: Okay. If -- if I look at this title, where is 4772 Escobar Avenue? MS. BROLal : That's my home. MR. FLEGAL: Okay. If I look at this title, this vehicle is still registered to her. MS. FORDLEY: So, it needs to be signed over apparently then. MR. FLEGAL: Well, the registration says it's her vehicle. . MS. FORDLEY: Correct. MR. FLEGAL: Well, I mean, we're not giving her a permit to operate this vehicle. We're giving you a permit, so how do we get this vehicle in your name? MS. FORDLEY: I -- MR. FLEGAL: It hasn't been -- MS. FORDLEY: -- should have brought the titles with me so we could sign it -- MR. FLEGAL: Well, but you have to get -- MS. FORDLEY: -- over right now. MR. FLEGAL: You have to go down to Guy Carlton's office and get it all transferred. You just don't take a vehicle and keep driving it on somebody else's title. MS. FORDLEY: Okay. MR. FLEGAL: You have to get it transferred. MS. FORDLEY: Okay. MR. PALMER: That's correct. This has to be registered -- MS. FORDLEY: You're absolutely right. MR. PALMER: -- in Tallahassee. MS. FORDLEY: Yeah. MR. FLEGAL: Yeah. I mean, that hasn't been done, so you don't have a vehicle. MS. BROWN: That wasn't done on June 17th when the sales contract was -- MS. FORDLEY: No, it was nor.. • CHAIRPERSON BAISLEY: No, it was not. Page 11 6G1s+ DECEMBER 1, 1997 MR. FLEGAL: Nothing was done, so you don't have a vehicle to -- MS . FORDLEY: No. MR. FLEGAL: -- to put a permit on yet. 14S. FORDLEY: Well, that's -- that's a matter of going to the tax office -- or the tag office and doing that then; correct? MR. FLEGAL: Right. MS. FORDLEY: Which can be done today. MR. FLEGAL: Okay. I mean -- you know, that needs to be done because -- MS. FORDLEY: Okay. MR. FLEGAL: -- you're getting a permit to operate a vehicle but right now you don't have a vehicle, so you need to get it transferred to your name. MS. FORDLEY: Okay. MR. FLEGAL: And I don't know about transferring license plates. Guy Carlton will have to tell you whether you can do that or whether you get a new one and all that. MS. FORDLEY: Who is this person? MR. FLEGAL: Guy Carlton. He's the tax office. MS. BRO'v114: He's the tax collector. MR. FLEGAL: They issue -- he's the tax collector. MS. FORDLEY: Okay. CHAIRPERS014 BAISLEY: Your occupational license is dated in June. Is it still going to be the same as it was in June? The occupational license information is still the same, the address of the business • location and -- MS. FORDLEY: Yes. Yes. On Houchin Street? CHAIRPERSON 3AISLEY: Uh -huh. MS. FORDLEY: Yes. MR. FLEGAL: Maria, did she submit a copy of her rates? I didn't see that in the package. Did I miss that, too? MS. CRUZ: A';low me a second, please. CHiAIRPERSON BAISLEY: I don't think it's in here. MS. CRUZ: I have it checked off on my list, my checklist. MR. FLEGAL: I didn't see it in here then. That's why I asked the question. MR. LUGRIN: That's fine. MS. FORDLEY: I don't think it was requested, was it? MR. TESAURO: Well, one of the vehicles is handicapped. MR. LUGRIN: Fine. Yeah. One vehicle. MR. TESAURO: It's a handicapped vehicle. MR. LUGRIN: Yeah. And I can't tell you that part of it. MR. TESAURO: It's prejudicial to -- MR. LUGRIN: Okay. Sandra, the insurance certificate in here, and I'm kind of jumping around here, it was dated May 27 of '97, okay, but it goes, policy effective date of January 13, '97. Have you been paying the insurance on this for -- MS. FORDLEY: Yes. Well -- MR. LUGRIN: -- 11 months? MS. FORDLEY: -- AA Transportation has been paying it but it was • switched to my name re -- it was switched to my name in anticipation Page 12 16cIr4iq DECEMBER 1, 1997 • of being licensed by the board in September. And then when that didn't happen, the insurance was switched back to Nancy's name. And now it's back in my name. But the business has been paying the insurance. MS. CRUZ: Mr. Flegal, to answer your question, no, there is no rates -- MR. FLEGAL: Okay. MS. CRUZ: -- in the file. MR. FLEGAL: Because I remember in the ordinance, she has to submit a -- MS. CRUZ: Yes, sir. MR. FLEGAL: -- copy. MS. CRUZ: She does. MR. LUGRIN: Mr. Palmer, can we move forward and consider Sandra Fordley as an applicant for a certificate? MR. PALMER: Yes, we can. It's just that the -- MR. LUGRI14: Pending -- MR. PALMER: -- any approval would be subject to certain confirmation that certain acts have taken place. MR. LUGRIN: And if there is a complication in the fictitious name transfer, that she would need to submit a different fictitious name? 2,R. PALMER: If it -- if, in fact, she cannot effectively get transferred and take over this name lock, stock and barrel, right. • MR. LUGRI14: She would need another fictitious name -- - MR. PALMER: Right. MR. LUGRIN: -- of some sort. And as far as the vehicle - as far as I'm concerned, I don't really care if you buy it from -- you can go out and buy a brand new Ford tomorrow. We're not here to regulate what vehicles you -- MS. FORDLEY: Well, part of the sales -- MR. LUGRIN: -- do and do not. MS. FORDLEY: -- agreement is that the vehicle goes with it. it's already got AA Transportation and all the -- MR. LUGRIN: That's -- MIS. FORDLEY: -- numbers on it. MR. LUGRIN: Fine. MR. FLEGAL: But it's still in your name. MR. LUGRIN: You just need it in your name. MS. FORDLEY: Yeah. I just need it in my name -- MR. LUGRIN: Yes. MS. FORDLEY: -- correct, which we'll take care of right away. MR. LUGRIN: And then again, Nancy Brown, you -- this is something that you do want to go forward with and -- MS. BROWN: Yes, I do. MS. FORDLEY: So, I need for you folks to tell me what this approval is subject to, the things that I -- I need to do, that I need to take care of. I know the insurance on the -- on the vehicle. I mean the -- the title on the vehicle. • MR. FLEGAL: The registration in your name. MS. FORDLEY: Okay. Page 13 16 G I wo DECEMBER 1, 1997 • MR. PAL14ER: And occupational license. MR. FLEGAL: You need an occupational license. MR. TESAURO: And a fictitious name. MR. FLEGAL: You need to resolve the name transfer with Tallahassee -- I -'S. BROV711: I'll take care of the fictitious -- MR. FLEGAL: -- between the two of you. I think -- MS . BROVIIN : - - name. MR. FLEGAL: I think you need -- MS. BROWN: I'll take care -- MR. FLEGAL: -- to do it together. MS. BROWN: -- of that -- MR . PAL14ER : Yeah. MR. FLEGAL: so that you can at least, you know, see that it gets transferred. MS. BRO'viN: I will take care of that and make sure you get -- MR. FLEGAL: I think the two of you -- MS . BROVRJ : - - a copy of it. MR. FLEGAL: -- need to work that out. CHAIRPERSON BAISLEY: Well, the -- MR. FLEGAL: You need to submit to Maria a copy of your rate structure -- MS. FORDLEY: Okay. MR. FLEGAL: -- as required by the ordinance. MS. FORDLEY: Sorry about that. I didn't see that checked off on • the instructions. MR. TESAURO: Quite all right. MS. FORDLEY: You just said occupational license. I thought that's what we were waiting for. MR. FLEGAL: No. You're waiting for a -- a permit. An occupational license is something you -- MS. FORDLEY: Okay. MR. FLEGAL: -- is a license to operate, a separate license to operate in this county. MS. FORDLEY: Okay. MR. FLEGAL: And you get that down on Horseshoe Drive. MS. CRUZ: Vie also need proof of publication of the name with the Naples Daily News. MS. FORDLEY: Pardon me? MS. CRUZ: We also need proof of the publication. MR. FLEGAL: Right. When you do your -- MS. FORDLEY: Okay. MR. FLEGAL: -- fictitious name, you'll have to publicize that in the -- in this county's paper, which is the Naples Daily News. MS. FORDLEY: Okay. MR. PEASE: And a rate structure -- rate structure; right? MR. FLEGAL: Right. Yeah. She's going to submit the rates to them, right. MR. LUGRIN: And for record keeping purposes, doesn't Sandra • Fordley need a Collier County -- MR. FLEGAL: This is like a motion. Page 14 16G114% DECEMBER 1, 1997 • MR. LUGRI14: -- address or anything like that? Home address is in Lee County. MS. FORDLEY: I am moving to Naples and I can submit the new address when I submit all of the rest of this; if -- MIR . LUGRIII : Fine. MS. FORDLEY: -- that's acceptable. MR. LUGRIN: You do need a place of -- place of business in Collier County. MS. FORDLEY: I have a -- CHAIRPERSOt1 BAISLEY: Well, that -- MS. FORDLEY: -- place of business. CHAIRPERSON BAISLEY: Isn't that going to be the same as the 57 MS. FORDLEY: Yeah. CHAIRPERSON BAISLEY: -- 70 Houchin Street? MR. LUGRIN: All right. That's fine. MS. FORDLEY: Okay. That's all you need then. All right. CHAIRPERSON BAISLEY: Well, do I have a motion on the application of AA Transportation? MR. LUGRIN: I would -- I would move that we -- that we approve the motion of Sandra Fordley and hold the fictitious name aspect of the -- of the application out until it's resolved satisfactorily. MR. FLEGAL: And these other items, too. MR. LUGRIN: And the other administrative items; insurance and • title and so forth. Is that -- MS. BROWN: That's fine. MR. LUGRIN: Is that understood? MS. FORDLEY: Uh -huh. MR. FLEGAL: Mr. Palmer, does that -- MS. FORDLEY: Okay. MR. FLEGAL: -- cover everything we need? M.R. PALMER: Yes. I think it's understood that she needs to get an occupational license in her name, she has to get the car registered with her driver's license, needs to get a -- transfer the fictitious name and then publish the fictitious name and supply Maria with a scheduled -- rate schedule. MR. LUGRI14: And I would -- I'll be willing to, if -- if all goes well, move that we approve this applicant and if it doesn't, I'd like to leave it open then at the next workshop. We would consider any loose ends that we have still left. MR. PEASE: I'll second that motion. CHAIRPERSON BAISLEY: All in favor, say aye. MS. FORDLEY: Thank you. When these things are submitted that are required, and I have five of them, then how long would it be before the permit is actually issued? MS. CRUZ: The same day that you -- t•.S. FORDLEY: The same day? MS. CRUZ: -- submit all that. • MS. FORDLEY: Okay. Terrific. Okay. MR. FLEGAL: As long as Maria gets everything, then she can issue Page 15 16 C1 !$ % DECEMBER 1, 1997 • it. MS. FORDLEY: Okay. CHAIRPERSON BAISLEY: Okay. We move on to our next item of new business. We have Frank Weppner doing business as Aristocrat Luxury Transportation, Inc. Request for approval to operate a charter service. Is Mr. Weppner present? Okay. MR. FLEGAL: Mr. Weppner, you're only going to have one vehicle? MR. 4JEPPNER : Yes. MR. FLEGAL: I didn't see in -- in this package that was given us and maybe -- so, I'll ask you if you submitted it. Did you submit a sheet of your experience to operate this kind of -- MR. WEPPNER: I have that -- MR. FLEGAL: -- operation? MR. WEPPNER: -- with me now. MR. FLEGAL: Okay. Do you have with you or have you submitted to Maria your -- other than your -- we have your credit report, but did you submit some credit references? MR. WEPPNER: Yes, I have two. MR. FLEGAL: Okay. And they've been submitted or are you ready to submit -- MR. WEPPNER: Well, I have them. MR. FLEGAL: Okay. That's fine. MR. PEASE: Can you bring your resume up here by any chance or at least circulate that? MR. FLEGAL: Could we see those documents, please? MR. PEASE: That's what I just requested. MR. WEPPNER: Credit reference is in there, too. MR. PEASE: Have you been in this industry before? MR. WEPPNER: I have driven for a person that I was friends with in New York. MR. PEASE: Those are the credit references, but I didn't see the MR. WEPPNER: Experience. Well, it was written there. MR. PEASE: I missed that. Oh, it was in the letter. CHAIRPERSON BAISLEY: That's right. MR. PEASE. I apologize. That's okay. CHAIRPERSON BAISLEY: We don't currently have anyone licensed as Aristocrat, do we? MS. CRUZ: No, ma'am, we don't. MR. FLEGAL: Anything close? MS. CRUZ: No. MR. PEASE: How long have you been in the area? MR. WEPPNER: I've been down here for two months. MR. PEASE: Just one -- one comment without going real deep into this but, you know, page of -- you've got your original credit report. Pages 9 and 10 have some good advice and it relates for this board in that we're charced with the responsibility to ensure that all applicants whose owners' credit report indicates facts and ® circumstances showing a failure to promptly pay vehicle for hire Page 16 16G 1 ".4 DECEt,BER 1, 1997 related bills. You're not in that role because you've been here two months and you haven't had an opportunity or a need to purchase from other transportation companies and what have you, vendors in the area, but I would strongly recommend that you look at Pages 9 and 10 and possibly follow some of the advice that's laid out there, and at least in the first several months to keep your nose pretty clean as far as payments. I'm not a preacher but I play one on TV. MAR. LUGRIN: Now, you haven't purchased insurance yet. You're waiting. MR. WEPPNER: Yeah. I'm waiting for the insurance because the vehicle will be transferred over to the company. MR. LUGRIN: Pxpand a little bit on Mr. Pease's comment. You're aware of what vehicle for hire insurance costs. MR. 47EPPNER : Yes. MR. LUGRIIJ: You're aware of the costs? MR. FJEPPNER: Yeah, I have a quote already, uh -huh. CHAIRPERSON BAISLEY: This is a stretch limousine or -- MR. WEPPNER: No. This is a four -door sedan. MR. LUGRIN: You're going to be owner, operator -- MR. MR. MR. R. MR R. MR. MR. MR. MR. live? T MR. MR. it? P7EPPNER : LUGRIN: WEPPNER: LUGRIN: WEPPNER: LUGRIN: WEPPNER: LUGRIN: TESAURO: hat would WEPPNER: LUGRIN: Yeah. -- driver -- Uh -huh, yep. -- washer, polisher You got it. -- and all? All wrapped up into one. Great. Now, it's Timberline Drive. Is that where you be this -- this -- Yes. Yes. You've been given a copy of the ordinance, reviewed MR. WEPPNER: Yes. MR. LUGRIN: The other point is that operating out of your home, you're only allowed one vehicle. MR. WEPPNER: Yes. That's my understanding. MR. TESAURO: Is the car going to be marked at all? MR. VIEPPNER: No. MR. TESAURO: Commercial? MR. WEPPNER: No. NI'Zr. TESAURO: Oh, nothing at all? CHAIRPERSON BAISLEY: Do we have any discussion on his application? No? MR. FLEGAL: I make a motion we approve Mr. Weppner. CHAIRPERSON BAISLEY: Do we have a second? MR. LUGRIN: I'll second. CHAIRPERSON BAISLEY: All in favor, say aye. S MR. WEPPNER: Thank you. CHAIRPERSON BAISLEY: You're approved. Page 17 16G1 DECE14BER 1, 1997 . MR. PEASE: Good luck. MR. LUGRI14 : Good luck. MR. VIEPPNER: Thank you. CHAIRPERSON BAISLEY: Our next new business is Roger -- and I don't want to mess up his last name. MR. LUGRIN: Dykstra? CHAIRPERSON BAISLEY: Dykstra. The Harvest Pie Company doing business as Orchids and Egrets, Inc. Request for approval to operate a charter service. If you could, come up to the podium, please. Your vehicle currently is registered as a Class III vehicle. You realize that if you are approved, that will need to be changed? MR. DYKSTRA: That's correct. Maria already advised me of that. MR. FLEGAL: Good submission, Mr. Dykstra. MR. DYKSTRA: Thank you. CHAIRPERSON BAISLEY: Bridget is not an officer of your corporation then? MR. DYKSTRA: She is an officer. She's not a director. CHAIRPERS014 BAISLEY: Okay. MR. LUGRIN: I move we approve this application. CHAIRPERS014 BAISLEY: Do I have a second? MR. PEASE: Second. CHAIRPERS014 BAISLEY: All in favor, say aye. MR. LUGRIN: Good luck, Mr. Dykstra. • MR. DYKSTRA: Thank you very much. MR. PEASE: Now we're cooking. CHAIRPERSON BAISLEY: We got stalled in the beginning but we're on our way. MR. FLEGAL: Good submission. MR. LUGRIN: Maria put the tough one first. CHAIRPERSON BAISLEY: Our next item of new business is the Nellie Group, Incorporated doing business as A- Action Taxi. Approval to add an officer. Is there a representative from the Nellie Group here? MS. GORMAN: Yes. CHAIRPERSON BAISLEY: And your name, please? MS. GORMAN: Kathleen Gorman, G- o- r- m -a -n. MR. FLEGAL: Miss Gorman, will you be an owner of this business? MS. GORMAN: Yes, I will. MR. FLEGAL: What percentage? MS. GORMAN: Fifty. MR. FLEGAL: Fifty? MS. GORMAN: Fifty. MR. FLEGAL: Okay. CHAIRPERSON BAISLEY: Do we have anything from the Nellie Group, the original owners, indicating -- MS. CRUZ: Excuse me? CHAIRPERSON BAISLEY: Do we have any document from the original owner of the Nellie Group indicating that ownership has changed in this corporation? MS. CRUZ: No, we don't. Page 18 16G1 4-s DECE14BER 1, 1997 • MR. LUGRIN: Mr. Palmer, shouldn't we have -- MR. PALMER: well, she could testify under oath as to what the situation -- what the business -- MS. GORMAN: I can do that. MR. PALMER: -- situation is. MR. FLEGAL: would it not be prudent to have in our files a copy of their board meeting minutes where she's -- MR. PAL14ER: Yeah. She could follow up with that. I•IS. GORMA.21: We can get that for you today. MR. FLEGAL: That would be fine. we'd like to have that, please. MS. GOR2kN : Okay. MR. LUGRIN: Could you tell us a little about this? MS. GORMAN: Yes. (The witnesse$ were sworn by the court reporter.) MR. LUGRIN: Give us a little background. MS. GOPJLt1I: Two years ago, my cousin and I decided to -- when she -- actually, she moved to Naples and wanted to buy a business and I joked with her about this taxi business being for sale. As you can see from my credit report, I was not in any position to be applying for anything that needed a credit report. And, so, she said -- I was speaking to my parents and they said if it's something that you want to do, we will give you 50 percent to go in with her, which they did. And the two of us went in. It was a 50/50 split; however, I just didn't feel -- you know, they were talking about needing credit reports, and I said, we'll probab:y never Sget approved if t.hey need my credit report, so we didn't do anything about my being on the permits at the time. And -- but we've been operating together every day since that point and working together. She happens to be ill right now. She's up north, otherwise she could have been here. And she would like me to be on it. There's no way, unfortunately, we can even -- you know, the stock certificates haven't been signed or anything like that because of the situation. And I told her at the time I would like to get in a position where, you know, my credit was starting to improve before -- improve, you know, before I asked for approval. MR. LUGRI14: was your bankruptcy in any way related to public transportation -- MS. GORMA14: No, it was not. MR. LUGRIN: -- at all? MR. PEASE: And you've not been in the transportation -- I-IS . GORMAN- I had never -- MR. PEASE: -- business. MS. GORMAN: -- been in it prior to that time. I had been driving for Action Taxi before purchase, yes. MR. LUGRIN: So, you have, in fact, been partners with your sister. Is that -- MS. GORMAN: we are partners, yes. MR. LUGRIN: -- correct? MS. GORMAN: The two of us are partners on paper between us but • there is -- you know, I am not on the legal -- Page 19 • MR. FLEGAL: speak, legally. MS. GORMAN: MR. FLEGAL: MS. GORMAN: MR. FLEGAL: MR. PEASE: MS. GORI -!;�.N : MR. FLEGAL: 16G1 (401 DECEMBER 1, 1997 But you've never been a part of her business, so to Legally, I'm not. Right. Okay. Workwise, yes. Right. Okay. Sweat equity. Yes. Blood, sweat and tears, yes. Absolutely. I think what we'd like to see you do is, and I don't see it here and maybe you just didn't know what you had to submit and that's fine, you need to provide Maria with, you know, your current name and address. Okay. Ole need that. vie also would like a statement from you, which you've basically just given. You have had no experience in this business -- MS. GORMAN: Uh -huh. MR. FLEGAL: -- other than, I guess to put it politely, as an employee, so to speak, whether paid or unpaid, but we need that typewritten and submitted to Maria, if you would, please. MS. GOR2a.AN : Okay. MR. FLEGAL: We'd also like to see -- MS. GORMAN: Something from here. MR. FLEGAL: -- whatever corporate documents since, you know, or whatever is in existence where you're getting 50 percent ownership of • this organization. MS. GOFMIAN: Okay. There is no corporate document that states that at this point because the county, I understand, does not allow one to be on -- you know, a corporate officer until they're on the permit. Is that correct? MR. PALMER: Well, what I'm getting at is that -- are you buying 50 percent of the shares, the outstanding shares of the stock of the corporation? 1-IS. GORMAN: Yes. MR. PAL14ER: All right. There should be a stock certificate issued in your name -- MS . GORMAN: Yes. MR. PAL14ER: -- for X number of shares. 1-IS. GORMAN: And it hasn't been at this point. MR. PALMER: Okay. But that way -- you'll get that. MS. GORMAN: We are going to -- MR. PALMER: You can supply that to Maria. MS. GORMAN: Uh -huh, I will do that. And also you would like something written MR. FLEGAL: I assume -- MS. GORMAN: MR. FLEGAL: MS. GORMAN: from her? Well, I mean, since it's a -- this is a corporation, Uh -huh. -- because it says incorporated. Yeah, it is. MR. FLEGAL: So, I would assume there's been a board meeting even though your sister may be the only, quote- unquote, owner. MS. GOR4AN: Right. Page 20 1bG1'� it DECEMBER 1, 1997 MR. FLEGAL: She'd have to have a board meeting with herself and agree to sell you 50 percent of this company. Okay. So, there should be minutes of a board meeting. We'd like a copy of that, too. 14S . GORMFiN : Okay. MR. FLEGAL: Okay? I -IS. GOPVIAN: So, something typed. MR. FLEGAL: Yeah. I would -- I mean, that's the way you run corporations. MS. GORMAN: Uh -huh. MR. FLEGAL: You know, she has to have a board meeting to do that. She just can't go out and sell 50 percent of her company. MS . GOP.NJ1J : Right. MR. FLEGAL: There's a legal process you go through when it's a corporation. If she didn't have a corporation and it was just her doing business as,'she could do anything she likes, but since she's got a corporation, for her own protection, she needs to follow -- MR. PALMER: That's correct. MR. FLEGAL: -- corporate rules. MR. PAL2,ER: If you have a small corporation and you don't follow these formalities and you get sued, the -- the person that sues you tries to say that the corporation doesn't exist because these form of formalities were not met. It's called piercing the corporate veil. So, she should have a meeting, she should have minutes, she should have a stock certificate issued in your name for X number of shares of stock. And keep that in the records of the corporation. MS. GOPJ -IA11: And I will submit all of that -- a copy of that to MR. PALMER: To Maria. MR. FLEGAL: Right. 2:R. PEASE: The goods news is there's nothing on your personal side that would be a stumbling block to this board because it's not =elated to transportation -- MS. GOR2ru-14 : Uh -huh . MR. PEASE: -- invoices. And that's -- that's why the question has come up; have you been in transportation before. So, if you're looking for a little light, that might be one. I make a motion that we approve this candidate with the administrative paperwork suggested. CHAIRPERSON BAISLEY: Do I have a second on that motion? MR. :LEGAL: Second. MR. TESAURO: Second. CHAIRPERSON BAISLEY: All in favor, say aye. MR. PEASE: Good luck. MS. GORMAN: Thank you. CHAIRPERSON BAISLEY: Item E has been removed from our new, so we're on to old business. Do we have any old business? MR. LUGRIN: I don't see any of our Fort Myers limousine homecoming friends' applications yet. MS. CRUZ: No, sir, we haven't. . MR. LUGRIN: None. Page 21 16G14% DECEMBER 1, 1997 • And what's -- what's the status of that whole situation? Have they been cited, fined, ticketed? MS. CRUZ: At this time, I'll call Mr. Bolgar, code enforcement supervisor, and he can inform the board of that information. MR. BOLGAR: Good morning. MR. FLEGAL: Good morning. MR. LUGRIN: Good morning. CHAIRPERSON BAISLEY: Good morning. MR. BOLGAR: Bill Bolgar, supervisor for code enforcement. The question concerning the -- the enforcement that we had done, David Hedrich went to court on the 28th of last month and everybody that was cited paid their fines. 140 one -- no one wished to contest the violations. So, they have 30 days to either get a court date and contest it or before the 30 days pay their fine, and they all elected to pay their fines. MR. PEASE: What is the fine in this? MR. BOLGAR: The first, it's a hundred dollars. MR. PEASE: The first time. MR. BOLGAR: Anyhow, there is a -- right now, they're all -- all the cases are settled. MR. FLEGAL: Okay. And it was a hundred dollars the first time? MR. BOLGAR: Right. MR. FLEGAL: If we catch them again. it goes up? MR. BOLGAR: I think it goes to two fifty the second time and • then 400 the third time. MR. PEASE: Okay. How many people -- MR. TESAURO: Yeah. How many were cited? MR. BOLGAR: There was five people cited. MR. PEASE: Are those five looking to be certified? MS. CRUZ: T-wo of them came in and obtained the application'forms but we never heard from them again. MR. PEASE: Glad to see the process starting to work. MR. BOLGAR: Yeah. I think -- I think you're going to find if we do this again in the future, because the first two we did, we did tlaples and we did Barron Collier, and we got to five. Then we went down the -- and went down and did Lely and got nothing. I-M. PEASE: So, the word was spread. MR. BOLGAR: Yeah. MR. TESAURO: Were they all locally? MR. BOLGAR: No. They were -- most of them were from Fort Myers. MR. TESAURO: Fort Myers. MR. PEASE: Good. Excellent job. CHAIRPERSON BAISLEY: Do we have any other discussion? (No response.) CHAIRPERSON BAISLEY: Our next meeting date is scheduled for March 2nd, 1997. MR. TESAURO: 198. CHAIRPERSON BAISLEY: Or 198. Yeah. I am reading '97. See, I • read. 198. Page 22 16G1 elm DECEMBER 1, 1997 MS. CRUZ: Computer. Computer mistake. CHAIRPERSON1 BAISLEY: Somebody is. We can go backwards. It might be suggested that we have a workshop before then to go over some of the things that we had started working on last month and the month prior to that. MR. PEASE: That can take place in the -- CHAIRPERSON BAISLEY: Yeah. MR. PEASE: This was the perfect environment for this function. CHAIRPERSON] BAISLEY: Much better. MR. PEASE: It not only speeded up play, but I think it's a safer environment. CHAIRPERSON BAISLEY: Are you afraid somebody's going to throw things at you? MR. PEASE: I can duck. I think people are more inclined to be respectful. MR. FLEGAL: Oh, yeah. MR. PEASE: And that's a plus in certain situations. MR. TESAURO: The only thing I want to say in that first case with the -- with the state -- because I think you all know I own a driving school and I come under Tallahassee's rules, too. Any time you're dealing with the state, they have to know that there's a transfer because they come down and inspect the vehicles at times and they're going to inspect your office as opposed to a county violation or, you know, and -- because, you know, when -- like when I went to my -- do riy driving school, I have -- I have a -- I have guidelines that the state -- you know, that I have to adhere to in addition to everything else. So, pretty much in Tallahassee, and it's Felicia Ford, I believe it is, that's -- that's who really has to know of the change, and then -- you know, and then what do we do, you know, within Collier County? MR. LUGRI14: You know, in that particular case, the concern, at least I had, we all did, was that it was an applicant for a certificate standing on her own merits or whatever, but she's going to do this name, and we know because the last two or three months we've been dealing with this AA Transportation getting turned off and turned on and turned off and turned on, to go ahead and just say, yeah, that's fine, and then have a -- MR. TESAURO: Yeah. But, you know, we saved her a possible lawsuit because, you know, that -- that vehicle couldn't really be -- MR. PALMER: ^_he most important thing about that is if that vehicle now in the eyes of the law is just loaned -- MR. TESAURO: That's right. MR. PALMER: -- and if she had an accident -- MR. TESAURO: She's in trouble. MR. PAL14ER: -- Mrs. Brown would be responsible as the owner. And Mrs. Brown ought to protect her interest and make sure that the title gets transferred. I've seen cases, when I was in private practice like this where people think that they're off the hook. All of a sudden they're suo-d for something that somebody else did when they were in possession of a .vehicle. This vehicle technically has been -- is loaned right now `.o Page 23 16GI 1-i DECEMBER 1, 1997 • Mrs. Fordham (sic). N.R. TESAURO: Well, if she doesn't have the title, she doesn't own it. MR. PALMER: That's exactly right. MR. TESAURO: That's ownership. MR. PALMER: In the eyes of the law, this vehicle has -- is -- Mrs. Brown is responsible -- MR. TESAURO: That's right. MR. PAL24ER: -- for the operation of this vehicle until such time as Tallahassee recognizes a title transfer to Mrs. Fordham (sic) but that's an important matter, and if they are smart they'll get it done immediately like today. MR. FLEGAL: I was surprised at one thing. I don't know if you noticed the sales contract, Mrs. Brown notarized her own signature. MR. PALMER: i noticed that but it's not -- it's still a good contract. MR. FLEGAL: You can't do that. MR. PALMER: too, it's still a contract because this kind of a contract does not require a notarized signature because there's no titled real estate involved. But, you're right, you can never notarize your own signature ineffective. And she should know that as a notary. MR. FLEGAL: Right. MR. PALMER: in fact, she might even be subject to have her notarization revcked for violating that rule. That's a pretty blatant • violation. MR. TESAURO: Yes. In other words, if I hear you correctly, she bought the business on paper but the vehicle without the title M.R. PALMER: As far as the state is concerned Mrs. Brown still -- MR. TESAURO: Yeah. MR. PALMER: -- owns the vehicle. MR. FLEGAL: Right. MR. PEASE: In the interest of not increasing of our costs with the stenographer, I make a motion that we adjourn and for further discussion -- MR. FLEGAL: Second. MR. TESAURO: Second. MR. PEASE: ••- taken individually. CHAIRPERSON BAISLEY: I'm in favor of that. All in favor? Approved. When should we make our next workshop? MR. FLEGAL: Oh, yeah. CHAIRPERSON BAISLEY: I don't know if the first Wednesday in January would be acceptable. That's pretty close to the holidays. Maybe the second Wednesday or -- I don't know when that day is. MR. TESAURO: The second week in -- MS. CRUZ: The second Wednesday? MR. TESAURO: The second Wednesday? MS. CRUZ: You want it held -- • CHAIRPERSON BAISLEY: What day does that come up? Page 24 16G1 N*. DECEMBER 1, 1997 • What is the first -- MR. FLEGAL: We come out the 14th. CHAIRPERSON BAISLEY: The first Wednesday is the 7th then? Well, that wouldn't be too bad, would it? MR. PEASE: The 7th might actually be better. CHAIRPERSON BAISLEY: The seventh? January 7th? The first Wednesday? And we'll have that meeting at -- on Horseshoe? MR. TESAURO: What is it? MS. CRUZ: January 7th. MR. TESAURO: The seventh? That's at 9:00 o'clock? MS. CRUZ: Yeah. I'm going to try to set it early, like nine. CHAIRPERSON BAISLEY: Okay. We'll do that next time. Thank you for the Suggestion. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:30 a.m. COLLIER COUNTY PUBLIC VEHICLE ADVI Y C014MITTEE PAT BAISLEY, CHAIRPERSON • TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE M. WITT, RPR 0 Page 25 County Government Productivity Committee Meeting Minutes March 2, 1998, 4:00 P.M. Llembs -u Commissioner Mac'Kie Bill Neal Karl Otto Mario Deluado \Villiam Ebben Edward Ferguson Julie Freeland Charles Geller Robert Laird Edward Ott John Schoemer John Stockton Bernard Weiss staff Phil Tindall (for Gary Vincent) Robert Fernandez // X X X X X X X X X X X RECEIVED MAR 16 1998 �,oard r,r count v Gnnxnissioners 16G10* Absent X .1 X Karl Otto opened the meeting at 4:00 P.M. and explained that the purpose of the meeting was to re%•ie«- the draft projects matrix and to assign priorities and team members to ne«, projects. New Business The members present all agrced that the "RSVP" form was a good idea. Beer. Weiss su,zL7estcd that the form only be used by members who ��'ill not be attending an upcomin ►ncetinu. The other attendees agreed. a. Matrix Discussion: �Ir. Stockton suggested that completed projects be shown on a separate sheet. The balance of the attendees agreed. - r .. Norris Hancock —_ -- v ------ " Constantine Mac 'Kit berry 16G1 Mr. Neal's name was added to the Jail Study Update team. Mr. Otto will schedule a mectim -, with Adolfo Gonzalez, OCPiV,t director, to discuss outstanding issues. The PC will present its findings to the BCC in April. The study of the county's new automated human resources system was divided up into three subsets: (l) Software, (2) Performance Evaluation, and (3) Compensation. Mr. Ferguson reported that the most significant area of concern is still the ability of the system to interface with other county systems, particularly those of the constitutional officers. Other members assigned to the project were Messrs. Gettler, Ott, Ebben, Stockton, and Weiss. For the Sheriff and E'NiS overtime project, assignments were as follows: SO (Ovcrall; -fir. Laird SO (Communications) - Mr. Stockton and fir. Schocmcr SO (Bailiff) - .1,1r. Ott and :sir. Delgado SO (Jail &, Boot Camp) - fir. Otto and Mr. \cal ENIS - fir. Ebben and qtr. Dcluado Mr. Stockton gave a status report on his study of the current practice by the Clerk of recordinL,c, verbatim, BCC meetings. All BCC meetings are recorded by contracted court reporters and on audio tape by the Clerk's Nfinutes and Records personnel. In addition. the county's Franchise Administration office records the sessions on video tape for cable television. in a mectin�z with the \tr. Brock, `Ir. Stockton was told that the Clerk's means of recordmu, meetings are necessitated by Florida Statutes, however, a specific chapter refercncc, was not provided. The Committee expressed curiosity over the redundant practise, especially in light of the fact that the meetings are also recorded on video tape. After discussing, the similarities between the Collier County Airport Authority Business Plan evaluation project and the Economic Development plan review, Commissioner %lac'Kie recommended combining; the two projects, and the members present agreed. Commissioner \1ac'Kic .vil1 obtain, for the Committee's reference, copies of earlier plans and reports prepared by the now defunct Council of Economic Advisors. Members assioned to the combined project were Messrs. Delgado, Ebben, Weiss, Otto, Gettler, and Schocmer. The DOR Reyie%v project remained as a Priority 3 item (To Be Assigned). The focus \ 'ili be on original mission and cost - saving goals upon which the creation of the department was based. Mr. Yonkosky, DOR Director, will be invited to an upcoming meeting. .%Ir. Otto. BGcn 'Xciss and Mr. Gettler were assigned to do the OCPM operations study. Adolfo Gonzalez. OCP`1 Director, \gill be invited to speak at an upcoming meeting. Mr. Schoemer and Nlr. Otto were assigned the Marco Island cityhood project. They will attempt to determine the most cost effective and equitable ways to allocate costs of 16GItiv services rendered by the county to Marco Island. Due to the time - sensitive nature of this project, Commissioner Mac'Kie recommended that the PC work with the Greater Naples Civic Association (GNCA) to make use of any data they may have and expedite (lie project. The Landfill Planning and Operations project was elc%-atcd to a Priority 1 (Urgent) item. This is a long -term issue, but there will be important decisions made in the near -term as well. Commissioner Mac'Kie explained that there is an important vote on the issue planned for March 24, 1998. Members assigned to this project were Messrs. Laird, Otto. and Stockton and'vis. Freeland. Meeting adjourned 5:10 P.M. The next meeting will be Wcdnesdav, ,March 18 "', at 8:30 A.II. in the County Administrator's Conference Room. cc: Board of County Commissioners Office Robert F. Fernandez, County Administrator 16G1 Of March 13, 1998 To: All BBC Commissioners Adolfo Gonzales, Director OCPM Ed Ilschner, Public Works Administration Sheriff Don Hunter Captain Graig Smith, Jail Administrator Bill Neal, Productivity Committee Chairman Eric West, Chamber/EDC Public Safety Committee Bob Fernandez, County Administrator Mike McNees, Assistant County Administrator Gary Vincent, Budget Analyst- Productivity Committee Liaison From: Karl J. Otto, Productive Committee Re: Broward County Jail Visit to see alternative Jail design and construction The Productivity Committee received a request from Chairman Berry to investivate the Sprung Structure System for jail alternatives. I have arranged, through Mr. Paul Shriver (Sprung Systems), a visit to the Broward County Jail Facility. This visit has been scheduled for Wednesday April 1, 1998. The Broward County Facility is approximately four years old and Broward County is planning for an expansion of the facility, again using the Sprung Structure System. The "eye opener" and incentive to visit the Broward Facility is the $4,000.00 per bed cost. Since we all know the projected cost per bed as identified in the V -Group I.C.S.D. Plan, I think it behooves all of us to take a look at a possible opportunity. Please inform Gary Vincent at 774 -8810 no later than Wednesday March 18, 1998 if you and/or your designee will be making this visit with us. Respectfully, rr Karl J. Otto cc: Paul Shriver Productivity Committee file O 16G1 "% 4! u r3 r3 to, lu Ij Ij Ij ol rl el I f-j Ij tj tj tj v t:11 to tj tj tj tj tol C7 1 6G1' L fA U C T y M G K n C l.�.. N cm C u N u 'H C C ti C L" i n CCi .L i •., �. J ri K cz C z n rs Z u :J C J1 %n n U r, Z — i � E In C o u C :A C ll ~ u^ n C.. v U 0 C O C C u C , j- G N v. i n u cy C tj • �—. L �'✓� N J -- �' V L _— L' r Ci J n V J tj 77 C3 fS fS N O C C7 NC 16G I z4gs tj Z V1 L •u 16G I z4gs i.. U rte+ W v, CA G n v U C I u N 16GIwt J � V V C3 • L'J• ^ 'J O i.., C' nom„ � Vl I ' a of C ' V 1 n ,y 'I .r,�. V v M C3 a C y r CA c G L N F, G C. U CS ;J � V '• z V 1, J / tA J 'J '� r3 r I.Jj " ✓ f3 L J T V J N CZ ^ -_ L - N n N J U V > O 6GI "15 I 9A t4 CJ 0 .�g %J V 121 C- E C. Z V3 ci cA rs 0 V) C C- f"I Li C LA Q L.. Is C C3 E 0 —IA tm C 0 0 V3 c rs 4) tj tj L C3 C— ri C- ci cd rs cz M M r3 04 U w NON Y� f 7, z r, G O r r. � G ^U v Y� O N I6Gl14% C — C 12 - •J • N v J �. n u C c u � N • � J .+ J a � u y L fU C •N r Q• J� L J ! �1 •L N tj 1. J G Ul - G - n tj _J J N N :J !J �C. _ f J Jl 16G1 *% COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE To: Gard• Vincent, Office of Management and Budget FAX 774 -8828 Phone 774 -8810 WILL WILL NOT a ATTEND THE (Namc) PRODUCTIVITY CUMMITTEE MEETING ON MARCH 18, 1998 AT 8:30 AAM. REASON, IF NOT ATZ ENDING PROJECT!SUBCO.M.MITTEE: STATUS RE-PORT: 16G101 MEMORANDUM TO: Sue Filson, Administrative Assistant to the Board FROM: Bleu Wallace, Utility Regulation Manager and Executive Director, Collier County Water & Wastewater Authority SUBJECT: Transmittal of Minutes - Collier County Water & Wastewater Authority DATE: April 2, 1998 Transmitted herewith are the approved minutes of the Collier County Water and Wastewater Authority for February 23, 1998. These minutes were approved March 23, 1998. Direct any questions to me at extension 7146. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Minutes of Meeting Board Meeting Room 3rd Floor, Administration Building 2:00 PM, February 23, 1998 16G1 my An audio record of the following proceedings is on file with the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 E. Tamiami Trail, Naples, Florida 34112, Phone (941) 774 -8577. Assistant County Attorney Thomas C. Palmer was present to provide legal advice to the Authority and Utility Regulation Manager D. E. "Bleu" Wallace was present to represent the Office of Utility Regulation. Call to Order (Determination of Quorum). The meeting was called to order by Chairman Spagna at 2:08 PM. Authority members present were; Chairman Neno J. Spagna, Vice - Chairman Richard F. Bergmann, Mr. George J. Schroll, Mr. Robert C. Bennett, and Mr. Joseph A. Mandy, constituting a quorum. II. Approval of Minutes — February 11, 1998. The minutes of the February 11, 1998 Authority meeting were approved (5 -0) after motion by Mr. Schroll and a second by Mr. Bennett. III. Open to the Public Chairman Spagna welcomed guests in attendance and asked if anyone wished to address the Authority. No public comment was received. IV. Guest Speaker — Mr. Jim Gross, South Florida Water Management District. Mr. Jim Gross, Supervising Professional Hydrogeologist in the Planning Department of the South Florida Water Management District was the guest speaker at the Authority's meeting. Mr. Gross delivered approximately a 30 minute presentation regarding the Department's functions and also provided data on the water supply for the lower west coast of Florida. After his presentation, Mr. Gross answered numerous questions from Authority members. h'isc. Corre�: l V. Items Requiring Action by the Authority Gate: — Hancock Constantine_ ^M ItemP Mac'Kie Berry —_ (;pnir.c TO' 16GIall Application for Transfer of Wastewater Certificate No. 06S — From Rookery Bay Utility Company, Inc. to Rookery Bay Services, Inc. At this time, Chairman Spagna opened the hearing regarding this issue. Chairman Spagna requested Mr. Wallace address the Authority at this time. Mr. Wallace advised the Authority that on February 10, 1998, a joint application was filed with the Office of Utility Regulation by Rookery Bay Utility and Rookery Bay Services, Inc. On February 11, 1998, the Authority was advised that the application met the minimum filing requirements cited in Ordinance 96 -6. During the Authority's special meeting on February 11th, the investor group's representative Mr. Woodward, answered numerous questions from the Authority. Also addressed during the February 11 special meeting, was the waiver of the application fee which staff recommended approval of in excess of any advertising costs. Mr. Wallace confirmed that the advertising costs for this hearing is $108.15 and will be billed to the joint applicants. Also discussed at that meeting was staffs advisement to the Authority of an adjustment to rate base. The number reported by Rookery Bay Utility was S235,380.00. Staff has adjusted to $224,500.00 for year -end 1997. Mr. Wallace advised that the regulatory assessment fees are current through December 31, 1997. Mr. Wallace also stated that the transferror, Rookery Bay Utility, is responsible for the regulatory fees through the day of closing. According to the sales agreement, the closing is to occur within 30 days of approval of the transfer certificate by the Board of County Commissioners. As directed by the Authority, staff forwarded a letter to the Department of Environmental Protection requesting they give certain reconsideration allowing Prime Retail to connect to the system. Mr. Wallace made note of a scrivener's error in the joint application on page 3, paragraph 0, the first word should be "If' instead of "In ". Mr. Wallace also noted his receipt of a memo from Planning Services Department advising that the transfer of ownership is consistent with the goals, objectives, and policies of the Growth Management Plan and therefore is not in conflict with the requirements of Ordinance 96 -6. In closing, Mr. Wallace asked the Authority to consider the eight items listed on page 7. Chairman Spagna noted for the record that the Authority has reviewed the eight items to consideration. Chairman Spagna asked for public input at this time. None was noted. At this time, Mr. Bennett moved to approve Preliminary Order 98 -1; motion seconded by Mr. Bergmann. Motion passed unanimously (5 -0). Mr. Wallace advised the Authority that this item will be placed on the March 10, 1998 BCC agenda. 16G I i*% VI. Executive Directors Report Mr. Wallace advised the Authority that the Public Service Commission has issued an order reflecting its 1998 price index of 2.10 % effective March 31, 1998. It was noted that the next meeting of the Authority is scheduled for March 23, 1998. The show cause hearing was continued until the March 23rd meeting. Also at the next meeting, Mr. Wallace will present the Authority with the Office of Utility Regulation's FY 98/99 budget. VII. Authority Members Discussion. Mr. Bergmann requested the status of the case under appeal by Florida Water Services as a result of their last rate case. Mr. Wallace advised that oral argument has been presented before PSC. Mr. Palmer advised the Authority that there is no case pending at this time that will effect the current rates on Marco Island. VIII. Adjournment Mr. Schroll moved to adjourn the meeting; seconded by Mr. Mandy and approved unanimously (5 -0). Lawton Chiles Governor March 16, 1998 MEMORANDUM 16GIq,% Yfil MAR 19 199$ kc).arn Gt County cr,,,l;SionErc TO: Barbara B. Berry Chairman,' Board of Collier County Commissioners FROM: Charles Konigsberg, Jr., M.D., M.P.H. Collier Health Department Director ( 7 RE: Fourth Quarter Contract Management Variance Report for Fiscal Year 10/1/96 - 9/30/97 The Health Unit's Fourth Quarter Contract Management Report is submitted foe- your review. This report represents activity and program cost information, as reported in the State's Contract Management System, for October 1, 1996, to September 30, 1997. We attach, for your consideration, the following report elements: 1. DE380 Contract Management 2. DE385 Variance Report 3. DE560 Revenue Summary 4. DE580 Analysis of Fund Equities 5. CCHD Program Service Area Variance Reports for departments requiring explanation We apologize for the time frame of submitting this information, but did not receive all of the reports required until 3/2/98. Please call me at ext. 8210 if you have questions regarding this Fourth Quarter Report. CK /dc CC: R. Evans T. 011iff Attachments (7) Re4thgtrfy9697.doc MiSC. COrre ; Date: itf?f?lE` 'l0 Ca;),cs To: Morris 3301 Taniami Trail E • Bldg. 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O p m 1 1 r 1 1 1 1 1 1 a z m \ z =\ c C) O z O \ 4Zw O ►- O U- ^ 2 J O r V) 4 a J W - V) 4 4 2 V) a W w > > 2 U J LL J Z U 0 w a 4 O Cy r a r- z z W > O Z H U r z _ a -I In .40 a) a U to w O N a 2 N it in 1i 1 O r- w Cl) U Q) O \ W \ Cl) Q1 7 " O \ O w W a 1 O ° z U v+ ►- a z z U z N Q ^ V) w V1 1ppr J < N W N O n w_ U U Z 07 4 > U V7 O U CC J O w W w W ca H W I-. a w 4 O O W O x 2 Y O W O w U W a a a W C I•- O a 7 Vf a CL U m d W «'� w 0. O W a O J 4 J 2 J z O z 0. O z z J 4 0. Q d — w .. w F•• r•1 r N 4 H U F- U V) w e•. J J> m 0 O J W O G N> r R > (.- I> - z z W W r > In U = w Izp o a x o > w m x > a o 0 O U W ►' f' U w W OC W w W 16GI oil AAA AREA AGENCY ON AGING Ion SoulltwEST FlonidA, INC. March 13, 1998 Mr. Timothy L. Hancock, Chairman Collier County Board of Commissioners Collier Comity Governiiient Complex 3301 Tamiami Trail Naples, Florida 33962 Dear Commissioner Norris: 16G1'411 RECEIVED MAR ? fi 1998 Rr,�ro %;r � C)"T►' ,'(`Missioners The Area Agency on Aging for Southwest Florida, Inc. contracts with Collier County Services for Seniors for Home Care for the Elderly (I-ICE) services. Associated with our contracting responsibilities is a quarterly monitoring visit. The purpose of this visit is to monitor fiscal voucher records, answer any questions, provide technical assistance, and assure compliance with HCE regulations. I am happy to report that all HCE guidelines are being met. Additionally, at this time all expenditures appear to be reasonable and on target. I have enclosed a detailed copy of the report for your review. If you have questions or comments regarding this repol-t, please do not hesitate to contact this office. Sincelrely, Terry hite Executive Director Enclosure Misc. Corr .s: c: Nanci Lochner, Program Supervisor / Marty Redovan, CPA, l{ �� ttt�( Collier County/ Fiscal Monito #Sle Gate: Hancock ItemP (� ' t✓"j Constantine Kac ' K i e Copies To: Berr Ilti'i lu,tit itutt t I(wI \1\t1ls II(Iuul.\ Si�1l) )9..,9 • 7,71, // /'77// St CO%1 / IH 69. 1/ lay `9 II; iil ii`N, I 8004W _W> • II )I) ' <1 111 iil /iii 16G1 "I I% PSA 8 AREA AGENCY ON AGING 1997 TECHNICAL ASSISTANCE REPORT HOME CARE FOR THE ELDERLY GRANTEE NA�1E: COLLIER COUNTY SERVICES FOR SENIORS GRANTEE ADDRESS: Collier County Govcrnment Complex 3301 Tamiami Trail East, Naples, FL 331962 PHONE NUti1BER: FUNDING SOURCE: CONTRACT NUMBER: COUNTIES SERVI -M: 911/ 774 -8443 IICE I ICE 030,40 97 COLLIER COUNTY PURPOSE OF VISIT: Quarterly monitoring of IICE fiscal records DATE OF VISIT: Dccemhcr 18, 1997 NAh1E/TITLE OF GRANTEE CONTACTS: 1. John Ferrell, Accountant Technician Velma A. Plummer. Accountant I AAA MONITOR February 12. 1998 DATE OF REPORT 16G1 Pos 121.3 10 0,11.1tormled I Accounting Policy & Procedure Monthly Review 1) An analysis report (schedule of activities) is prepared monthly Y N M U N/A x x 2) An operating budget is maintained 3) Receipts arc attached x x Expenditures Payment Requests: 1) CM has authorized voucher for payment x 2) Supervisor has authorizcd voucher for paN-ment x 3) Receipts arc attached x d) Receipts arc signed and dated by the care givers 5) Expenditures are identifiable as to the type of service or product x 6) Special subsidy amounts have been authorized in the care plan x 7) Voucher files are segregated from client files and are readily identifiable x 8) Files contain the necessary information -ic. ,voucher input sheets care x FTI On December IS, 1997, we reviewed the [ICE program administered by Collier County Services for Seniors. Collier County had an average of 75 active clients for October, November and December 1997. All active clients received a basic subsidy for all three months. Fifteen clients for October, eight clients for November and fifteen clients for December received special subsidy payments. The vouchers for October, November and December 1997 were reviewed. Collier County Services for Senior's vouchers correspond to the Area Agency on Aging records. We reviewed the HCL' financlai cilgibillty sheetS io C11SUre that idi Current i it LE ciients wevi ihw ai:al'Ilaiil C,11Cria for the program. No discrepancies were noted during the on -site review. Monitor Signature Date hcr- :Y =Ycs, Standard McCN =Not Met, M= M.7rginal. U =Unable to wrify. NIA -Not Applicable bW1�_� IN • • i Date: April 30, 1998 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Maureen Kenyon, Supervisor Minutes & Records Department Re: Grant application for funding for the State of Florida, DCA, Anti -Drug Act Formula Grant Program (Serious Habitual Offender comprehensive Action Plan Program) Enclosed please find the original document as referenced above, Agenda Item #16H1, approved by the Board of County Commissioners on April 28, 1998. If you should have any questions, please contact me at: (8399) . Thank you. Enclosure SFY 1998 Orvg Conbd and System Improvement Formula Grant Program 1 6 H 1 (EvUard Byme Mernor4d State and LocalAlssiswce Program) In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its enbratvand have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including sb7keovers, whiteouts, etc., on this page are not acceptable. Type Name and Title: Date: State of Florida Department of Community ATairs Bureau of Community Assistance Subgrant Recipient Authorizing Of d- al of Govemmental Unit (Commission Chairman, Mayor, or Designate Representative) Type Name Barbara B. Berry, Chair oman, Collier-County Comnission Date: Agril 28, • i FEID Number: Attest z; Implementing Agency signature only. Administrator or Designated Representative Type Name Date: April 10, 1998 Approved as to form & legal sufficiency --L n,- C VAi✓in, ------------------ AwLtant County Attw=y SFY 1.998 Subgranc Wic; on PxWe Apph�='cn S�(LnnI!.05-• 1 7n /r7 SFY l 998 Drug Control and System Improvement formula Grant Program "' (Edward 8rrne MemonW State and toca/Asacrtwce Program) In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement. have read and understand the agreement in its en6mtyand have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, etc., on this page are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance Type Name and Tide: Date: Sub grant Recipient Authorizing adal of Govemmental Unit (Commission Chaim-on, Mayor, or Designatq#- ppgiwentative) `.. . D!H1Gf11 .,'8['4CK, C�E`X- By: '011 Type �rrf� y` ., T Name and T' e: Barbara B. Be Berry, C airwoman, C 11 e' n Comnission Date: April 28, 1998 FEID Number: 59- 6000558 Attest as to'Chairman's signature only. Implementing Agency Official, Administrator or Designated Representative IN Type Name Date: 10, 1998 Approved as to foram & legal sufficiency Asaiatant County Attorney SfY / 998 Sc tyrAnt Appli=bn Padage /Wlotcn Section 11 . Page 17 o(/ 7 SFY 1998 Drug Control and System Improvement Formula Grant Progrig (Eo%+wd 6yme Memon;d State and Loca/Ass&rance Program) 16 u 1 In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement. have read and understand the agreement in its en6me yand have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections includingstrikeovers, whiteouts, etc., on this page are not acceptable. By: Type Name and Title: Date: State of Florida Department of Community Affairs Bureau of Community Assistance Subggrant Recipient Authorizing C>ffidal of Govemmental Un'rr� (Commission Chairman, Mayor, or Designated Rey Lentativej DWIGHT' E. ES;Ct.K, CLERK Type Name and Tit e: Barbara B. Berry, Chairwoman, Cdllier. County Comnission Date: April 28, 1998 FEID Number: 59- 6000558 Attest as tb Cha.irman's Implementing Agency s lgnature oi: T; . Administrator or Designated Representative Type Name l rd Title: Date: April 10, 1998 pproo �d is to form & legal Bufficieucy Assistant County Attorney SFY / 998 Subgrint Applicar on Pxkage SecQOn ll - Pao .'7,-(17 ME, 0 3301 East Tamlaml Trail • Naples, Florida 34112.4977 John C. Norris (941) 774.8097 • Fax (941) 774.3602 District t Timothy L. Hancock. AICP District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kle District 4 Barbara B. Berry Dlstdct 5 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: 16HI A ' I . ,r I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient.... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry, Chairwoman Board of County Commissioners Collier County, Florida By: JH /a:seex Approved as to for & legal suffidewy Date:-April X28, 1998 AT )TI. DWIGHVE. Gi ?OCi:, eDu'ty�ftfi.ests k.; . +.t: � C;�a irtnan' s 16H2wv IY'Do Y, . \I,l TY Date: April 30, 1998 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Maureen Kenyon, Supervisor Minutes & Records Department Re: Grant application for continued funding for the State of Florida, DCA, Anti -Drug Act Formula Grant Program (Street Gang Prevention and Apprehension Program) Enclosed please find the original document as referenced above, Agenda Item #16H2, approved by the Board of County Commissioners on April 28, 1998. If you should have any questions, please contact me at: (8399) . Thank you. Enclosure b SFY 1998 Drug Control and System Improvement Formula Grant Program 6 01, (Edward Byme Memor&Stafe and Loca/Assrstance Program) In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, etc., on this page are not acceptable. By: Type Name and Title: Date: State of Florida Department of Community Affairs Bureau of Community Assistance Subggrraant Recipient Authorizing ( dial of Governmental Unit (Commission Chairman, Mayor, or Designated presentative) Tyl Attest to Cllairzaan's sigitatur� only.. Implementing Agency Official, Administrator or Designated Representative - AAa(>rl1 Type Name a-n-d�itl�: Don Hunter, Sheriff Date: April 10, 1998 Approved Pun to form & 1. gul eutiiuiau;} Assistant County AttorneY 1: SFY 1998 Su!yr"Acicd'c;eon Pxlvge bacon Section 11 - P.We l 7 e r/ 7 SFY 1998 Drug Control and System Improvement Formula Grant Program 16 H 2 ~ (Edwvard Byme Memona/Stile and LocadAu&wce Program) In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entrety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Correcticns including strikeovers, whiteouts, etc., on this page are not acceptabr'e. By: Type Name and Title: Date: State of Florida Department of Community Affairs Bureau of Community Assistance Subgrant Recipient Authorizing OffFdal of Governmental Unit (Commission Chairman, Mayor, or Designate4Ft!4Sentative) UWIGHT.E,• BROCK, CLEF' . (. t)EpULY 1, Tt:1'•K Type Name and Title. Barbara B. Berry, Chairwoman, Cc flier County. Comnission Date: April 28, 1998 FEID Number: 59- 6000558 Attest cjs t6'-C`tairman.'s Implementing Agency sign- 2t!ire only. Official, Administrator or Designated Representative Type Name and Ti Date: April 10, 1998 nppro ed as to form m e zi skif lxctaney 1� Astaal Count] Attorney SFY 1998 Subgr2ntAppY(=on PJckage ,tpy�'�cJCCn SfY 1998 Drug Control and System Improvement Formula Grant Program 1 6 H 2 r g (&dAa Byme Memoria/Srate and tocj1,4m&t3nce Av ram) In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement. have read and understand the agreement in its en6mt yand have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections induding strikeovers, whiteouts, etc., on this page are not acceptable. By: Type Name and Title: Date: State of Florida Department of Community Affairs Bureau of Community Assistance Subgrant Recipient Authorizing( cdial of Govemmen (Commission Chairman, Mayor, or Designat �� P�. E V I(, €.'K- , CLERK Type Name and • Barbara B. Berry, Chairwoman, Collier County Comnission Date: Agril 28, 1998 FEID Number: -----59-6006558 Attest as to Chairman's Implementing•Agency signat(lr•e only. Administrator or Designated Representative Type Name and Title: Date: April 10, 1998 Approved as to form & legal suffioiency Assistant County Attorney SFY 1998 SvbgrancAPpG'caeon PackVe 4-01= n Sec4on !I . PxWe I7 or 17 3301 East Tamlaml Trail • Naples, Florida 34112.4977 John C. Norris (941) 774.8097 • Fax (941) 774.3802 District 1 Timothy L. Hancock, AICP District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: 16H2 , r , fi I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that... Subgrant recipient X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient.... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name and Title: Barbara B. Berry. Chairwoman Board of County Commissioners Collier County, Florida By JH /a : seex Approved u to form & Is al sufficiency AnUftat Ooaaty Attomy Date.:: Aj;;ti1 28, 1298- A,,tli�etV of to Chaim'; pT7� gnaiure only.