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Agenda 01/20/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 20, 1998 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECI'S WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED X]~ WRITI~fG WITH EXI~LANATION TO THE 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 WILL NEED A RECORD OFTHE PROCEEDINGS PERTAINING THERETO, AND THEREFORE bL~Y NEED TO ENSURE TH. AT A VERBATIM RECORD OF THE PROCEEDINGS IS I~tADE, WHICH RECORD INCLUDES THE TESTI~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMLSSION FOR ADDITIONAL TI~,1E IS GRANTED BY THE CHAIRAtAN. ASSISTED LISTENING DEVICES FOR THE HEARING i~,IPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 2. 3. 4. INVOCATION - Dr. Jay Abernathy - Unitarian Univcrs:tllst Congregation PLEDGE OF ALLEGIANCE ' APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF blINUTES PROCLAmaTIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Jodi Morclock - Domestic Animal Services - 20 years I Sanuary 20, 1998 11. 2) ' Marjorle Student - County Attorney's Offke - 10 yca~l C, PRESENTATIONS APPROVAL OF CL£RK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGEt'4C[IiS. PUBLIC P£TITIONS COUNTY ADMINISTRATOR'S I~PORT A. COMMUNITY D£VELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendaf|ou to adopt a corrt~flv~ r~olufiou fo l?~olut|oa 97-431 es~blishing ~e~er~i requirements ~ad pr~dur~ for ameadin~ fhe Collier County Growth l~fana~men! Plan. 2) Community Development snd Environmental Services Division staff report on commcrclal vehicle and commcrcla! cqulpmcnt sections of thc L~nd Dcvclopment Code. 3) Dctermlnatlon of whether owners of seven improved parc. els located in Sec. 16. T49S, R.34E a/k/a Big Cypress Sanctuary must acquire bttilding permits, ACSC/~'Y site slteratlon/devclopment plan approvnls, and pay applicable I'e~ with these permits including, but not limited to, Impact fees. B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES I) A resolution in opposition to proposed chanies to the Florida Negligence Statute proposed by the Constitutional Revision Commission. E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of mcmbers to the Golden Gate Community Center Advisory Commlttce. B. Appointment of member to City/County Beach Rcnournlshment Maintenance Committee. OTHER CONSTITUTIONAL OFFICERS 2 Janua,'y 20, 199~ PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. ADVERTISED PUBLIC HEARINGS - BCC ,4,. COMYREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMEHTS C. OTHER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considcrcd to be routine and action will be taken by one motion without separate diseu~ion of each itcm. If discussion is desired by · member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. C. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES I) Approval for recording the final plat of"Arbor Lakes, a condominium". 2) Approval of Excavation Permit N o. 59.626 Yhovanni Otcro excavation located in Sec. 9, T48S, R28E, bounded on the north by vacant land, on the east by 40'" Street NE R/W, on the south by 4'/~ Avenue NE R/W, and on the west by a vacant IoL PUBLIC WORKS I) Adjust Water Management CIP Budget (Fund 325) to reflect additlonal rcvlslons in Capital Program. PUBLIC SERVICES I) Approval of a continuation ~rant for Federal Older American's Act fundinf,. SUPPORT SERVICES 1) Approval of Modification #1 to the Statewlde Mutual Aid Agreement lanuary 20, 1995 F.. COUNTY ADMINISTRATOR 1) Approval of ~t Ica.se agreement (and short form lease agreemen0 between Coil;er County 1nd Prlmeco Personal Communlcntlons. F. BOARD OF COUNTY COMMISSIONERS c. ~ISC£LL~EOUS COR~S~'ONDE~CE. OTU£E CONSTiTUTiOSAL COUNTY A~-romsEV J. AIRPORT AUTHORITY 17. ADJOURN INOUTRFKS CON(~ERNING CRANGES TO THE BQARD'$ AGENDA SRQI~LD BE MADE TO THE_ COUNTY ADMTNTSTR~TOR'S 4 January 20. 1998 AGENDA CItANGES BOARD OF COUNTY COMMISSIONERS' MEETING JANUARY 20~ 1998 ADD: ITEM 10(C ) - DISCUSSION REGARDING A BOARD WORKSIIOP TO CONSIDER COLLIER COUNTY'S ROLE IN THE PROVISION OF FIRE SERVICES. EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A CORRECTIVE RESOLUTION TO RESOLUTION 97-431, ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OBJECTIVE: To adopt the attached corrective resolution establishing new procedures, requirements and fees for amendments to Collier County's Growth Management Plan. CONSIDERATION: Resolution 97-431 was adopted on November 4, 1997 which changed the submission dates for amendments to the Growth Management Plan from March to April. Paragraph A4 of Resolution 97-431 still had the March submission date. This corrective resolution will make paragraphs A 3 and A 4 have the same submission date of April. FISCAL IMPACT: This is a corrective resolution; therefore there is no fiscal impact. GROWTH MANAGEMENT IMPACT: The proposed Resolution would be consistent with Florida Statutes and Rule 9J-5, F.A.C. RECOMMENDATION: corrective Resolution to Resolution 97-431. S UBM ITTED BY.~'~~ ~-~'Q'~ ~'~'7 'h-.,.....~ DATE: LEE LAYNE, PLANNER ff REVIEWED B DATE: C VINCENT A. C~UTER~ ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DiV. Staff recommends the Board adopt the proposed IAGENDA ITEM NO. _~..(1) January 13. 1998 Pg. 1 1 6 7 10 11 RESOLU~ON 98- ,. A RESOLUTION AMENDING PARAGRAPH A.4 OF RESOLUTION 97-431,ESTABLISHING GENERAL REQUIREMENTS AND PROCEDURES FOR AMENDING THE COLLIER COUNTY GROWTH MANAGF.~ENT PLAN BY CORRECTING A SCRIVENOR'S ERROR IN THE DATE FOR SUBMISSION OF APPUCATIONS. WHEREAS, the Board of ~ Co~ ·doptad Resolutio~ 12 g7~31 pertaining to the Procedures for Amending the Coaie~ County Ocow~ 13 Management I:~n off November 4, 1997; 14 WI-tEREAS, following said action adopting ResolulJon 97-431, staff was advised 15 that two different dates had been made for submission of the Plan Amendments ·nd 15 co~s'~o.,,tes · sc~'tve~s errs. 17 NOW, THEREFORE BE IT RESOLVED by The Board of County 18 Commissioners Of Collier County, Florid·, that Paragraph A.4 of ResolulJon Number 19 97-431 is hereby amended to mad as foliow~: 2O 21 22 23 24 25 27 28 29 3O 31 32 33 34 35 37 39 4O 41 42 43 44 45 47 49 51 53 57 All required copies of the application to amend th~ Collier County Growth Management Plan and supporting documentation along wffh the required filing fee for each requested change and/or amendment must be submitted to the Community Development and Environmental Services Division prior to 5:00 p.m. of the fourth Friday in ~ Apn]. For each application to amend the Collier County Gn3wth Management Plan or Futura Land Use Map, · minimum filing fee of $3,000 for each ·quested c~ange plus · fee of $30 per acm for each affected acm in Ih· appr~cation must be sul~m~ed. For Small Scale De'~ Activities, · filing fee of $1,500 shall be submitted. The term 'staff' shall refer to the staff of · nd ·ny other pertinent County staff from other Divisions. THIS RESOLUTION ADOPTED after motion, second and majod~' vote ~is day of ,1998. ATTEST: DWlGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, ~n Approved ns to form and legal su~=iency:. MARJORIE M. STUDI~SNT, Wa~ls ~ am dele{ed; wonts underlined am ~ EXECUTIVE SUMMARY COMMUNITY DEVELPOMENT AND ENVIRONMENTAL SERVICES DIVISION STAFF REPORT ON COMMERCIAL VEHICLE AND COMMERCIAL EQUIPMENT SECTIONS OF THE LAND DEVELOPMENT CODE. OBJECTIVE: To review and discuss Section 2.6.7.3. of the Collier County Land Development Code, pursuant to Board direction given in October 30, 1996, which contains criteria on commercial vehicle and commercial equipment. CONSIDERATIONS: Amendments were adopted to the commercial vehicle and commercial equipment sections of the LDC approximately a year ago to regulate the parking and/or storage of commercial vehicles and equipment in residential areas. This issue resulted from difficulty with previous enforcement policy. After much community input, the ordinance was amended to allow the parking and storage of commercial vehicles and/or equipment in residentially zoned areas with certain stipulations. These stipulations are that commercial vehicles must meet a certain size and weight requirement, and commercial equipment is limited to one unit of small equipment (i.e. pipe or ladder). Otherwise, commercial vehicles/equipment must be stored within a carport or garage or screened from view of neighbors and the street. The number of complaints from the public regarding the enforcement of the ordinance as amended has been diminutive. Apparently, the amendment has served the purpose of clarifying what constitutes illegally parked/stored commercial vehicles and/or equipment. For information purposes, the number of cases regarding commercial vehicles/equipment has risen from approximately 350 to 650 annually since the amendment. It is expected that this number of initial cases will increase due to Code Enforcement's initiation of regular revolving nightly patrols in non-deed restricted neighborhoods. We expect the number of repeat violations, however, to decrease as a result of our newly authorized citation procedure. JAN 2 0 1998 FISCAl, IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMB~ENDATION: Staff recommends that no further m-aendments tO the Land Development Code regarding commercial vehicles and/or equipment be processed at this time. PREPARED BY: C'~ m'~/~ Linda P. Sullivan Date: REVIEWED BY: ~)]d _~nforcement ~t~ector Vincent A. Cautero, Administrator, Community Development & Environmental Services Division 1998 2.6.7.2.2. 2.6.7.3. 2.6.7.3.1. Supp. No. $ ZONING §2.6.7.3.1 u~loading, and/or cleaning prior to or aider a trip. For the purpose of ti.is section the rear yard for a comer [lotl shall be considered to be that portion of the lot opposite the s~reet with the least frontage. For tl~rough lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the site development review director. 1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of loading, urdoadi~g, repairing and/or cleaning prior to or aider a t~ip. The permit for such period shall be at, ed to the vehicle in a conspicuous place ¢,n the street side thereof. No more than two consecutive permits may be i~sued and the maximum number of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or members of the visitor's family residing in this county, may be parked upon the premises of the visited family for a period not exceeding seven days. This does not allow for living, sleeping, or housekeepLug purposes. No more than two consecutive permits may be issued and the maxi_mum number of permits issued during one calendar year shall be restricted to four. Parking of comrnerclal vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot ia a residential zoning district unless one of the following conditions exists: (1) The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. (2) The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened mud c~nnot be seen from adjacent properties or the street serving the lot. (3) The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of -eighbors. (4) Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, -or 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district. (5) Exempted from this section is small commercla] equipment such as ladders and pipes which c-n-or be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial velgcle. Said equipment shall be secured atop the vehicle and shall not exter height or width of the vehicle. LDC2:177 JAN 2 0 1998 EXECUTIVE SUMMARY DETERMINATION OF WHETHER OWNERS OF 7 IMPROVED PARCELS LOCATED IN SECTION16, TOWNSHIP 49 SOUTH, RANGE 34 EAST, A.K.A. BIG CYPRESS SANCTUARY, MUST ACQUIRE BUILDING pERMITS, ACSC/ST SITE ALTERATION/DEVELOPMENT PLAN APPROVALS, AND PAY APPLICABLE FEES COMMENSURATE WITH THESE PERMITS INCLUDING, BUT NOT LIMITED TO, IMPACT FEES. ~ To have the Board of County Commissioners determine whether thc owners of 7 improved parcels (AKA Big Cypress Sanctuary), located in Section 16, Township 49 South, Range 34 East must acquire building permits, ACSC/ST site alteration/development plan approvals, and pay applicable fees commensurate with these permits including, but not limited to, impact fees, pursuant to staff's notices of violations. CONSIDERATIONS:. On November 19, 1996, the Board of County Commissioners (BCC) reviewed a public petition by Debi Lee, agent representing the owners of 22 improved properties located in Section 16, Township 49 South, Range 34 East of Collier County. The BCC recommended that the merits of' each case be heard individually on the regular agenda, during the same time frame. {See Attachment I (BCC Minutes)] HISTORY. {Refer to Attachments 2, 3(A) - (D)* and Exhibit I (Debi Lee's Big Cypress Sanctuary Response)} Florida Department of Community Affairs (DCA) personnel facilitated inter-agency meetings between the National Park Service (NPS), Monroe, Collier and Dade County staff to exchange information regarding development of privately-held parcels and hunting camps within the Big Cypress National Preserve. The purpose of the meetings were to improve coordination and review of development; evaluate the impacts of development within the Preserve, and to explore options for resolving violations which have been observed by the Big Cypress National Preserve rangers. The Big Cypress Area was designated as an Area of Critical State Concern in 1974 and on April 29, 1988 lands (such as Section 16) were added. The primary purpose ofthe designation was to recognize environmentally sensitive lands. On July 27, 1989 the County applied a Big Cypress Area of Critical State Concern/Sensitive Treatment Overlay to the entire Big Cypress Area. Since the designation, 716,000 acres have been authorized by the Federal Government as the Big Cypress National preserve; however, there still remains 15,000 acres in private ownership. There are approximately 275 in- holdings consisting of private residences, commercial establishments, and hunting camps. The major issues with the in-holdings are: 1) Cesspools - improperly designed and sited sewage disposal systems which are located in soils with high water tables, are not mounded, and are placed in immediate proximity of wetlands and surface waters; 2) Fill in wetlands; 3) Sprawling trash, construction debris, discarded household appliances, abandoned vehicles, etc. adjacent to wetlands; 4) Building code violations whiCa .ld J l,l g 0 1998 represent hazards to the occupants; and 5) Lack ora centralized coordinated permitting office or procedure with enforcement capability. About half of the 22 improved properties in Section 16 are in remote locations which are sometimes inaccessible by traditional transportation methods. Because of the isolated nature of the Big Cypress Preserve, many of the regulatory agencies are rarely present to assure compliance with state and local regulations. DCA requested that the Florida Department of Health (FDI-I) and Collier County Government investigate potential non-permitted developments located within Section 16 and bring those that do not comply with applicable codes into compliance. On August 12, 1994, various property owners in the Section were notified of violations (failing to obtain permits for improvements). Notifications were served in October of 1994 with a sixty day compliance date. None of the owners have complied. At some point, the cited owners made claims that County officials in previous administrations had exempted them from the permitting process. In February of 1995, County Commissioner Bettye Matthews (then Chairperson), requested background information on the Big Cypress National Preserve issue and that site visits be performed. On February 22, 1995, Code Enforcement staff responded in writing to Commissioner Matthew's request. On January 9, 1996, DCA wrote to Commissioner Matthews regarding the issue. {See Attachment 4} In September of 1995, Code Enforcement requested a legal opinion to determine whether the affected owners in the Big Cypress National Preserve acquisition area should be considered as legal non-conforming and exempt from County building codes. The County Attorneys and Planning Officials requested Code Enforcement staff to make one more attempt to verify the above-mentioned claims of exemption from building codes. Former Environmental Specialist II, Mike Kirby, produced a memo detailing his efforts. In 1996 the legal opinions were rendered by the County Attorneys Office, they stated that the property owners cited by Code Enforcement are not vested and must secure building permits and pay impact fees, where applicable. {See Attachments 5 & 6} On August 16, 1996, a letter written by Vincent A. Cautero, Community Development & Environmental Services Administrator, to Ms. Debi Lee, stated that the Building Review and Permitting Department will require that "as built" drawings be submitted with the building permit applications and that inspections be conducted. On September 17, 1996, Debi Lee wrote to Mr. Cautero and requested that she be given the opportunity to petition the BCC to have her concerns regarding after-the-fact permitting addressed. {See Attachments 7 & 8} According to the County's Tax Collector records on August 1, 1997, property owners of Parcels 19, 1.17 and 1.15 have had homestead exemptions since 1988 and real property taxes on Parcels 1.4, 1.6, 1.12, 10, 21, & 23 remain unpaid. 2 2 0 'B98 ZONINO All the parcels are currently zoned "CON-ACSC/ST" Conservation District with a Big Cypress Area of Critical State Concern/Sensitive Treatment Overlay. Prior to October 30, 1991, the parcels were zoned "AI-ACSC/ST" Agricultural District with a Big Cypress Area of Critical State Concern/Sensitive Treatment Overlay. The purpose of the Conservation District is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are primarily owned by the public. It is the intent of the Conservation District to require review of all development proposed within the District to ensure that the iruherent value of Collier County's natural resources is not destroyed or unacceptably altered. Section 2.2.1 ? of the LDC establishes criteria for permitted uses, conditional uses, dimensional standards, and signs. ['Note: The maximum density permitted is one dwelling unit for each five gross acres, except that within the Big Cypress Preserve the maximum density shall be one dwelling unit for each three gross acres.] The purpose of the Big Cypress Area of Critical State Concern/Sensitive Treatment Overlay is to provide regulations to conserve and protect the natural, environmental, and economic resources of the Big Cypress area. Furthermore, these regulations provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well- planned development, and protect the health, safety and welfare of residents of the state. Section 2.2.24.3.2 of the LDC establishes criteria for site alteration, drainage, transportation facilities and structure installation. [Note: The maximum site alteration shall be limited to ten percent of the total site size (not to exceed 2,500 square feet) and installation of nonpermeable surfaces shall not exceed 50% of any such area.] SUBDIVISION OF LAND AND ACCESS Prior to the adoption of the 1976 Subdivision Regulations, Section 16 was divided into two parcels. Today, the section is divided into 55 parcels which have been recorded in the public records and identified. According to Section 3.2.4.10 of the LDC, if the parcels have been recorded in the public records and identified on the tax roll and. have a private easement reserved or recorded in the public records or a public or private fight-of- way that has access to an easement, the divisions of lands shall constitute the subdivision of rural lands. The nearest major improved roadway to Section 16 is 1-75. An exit ramp is available off the major interstate at S.R. $33. Access to the section has been primarily from the north and south off S.R. 833 then through the Big Cypress Seminole Indian Reservation along the L-28 Interceptor Canal, then south through Section 9 by unimproved roadway (AKA Big Cypress RD). All access points existed prior to 1952. Half of the parcels contain improved roadways, thirty percent contain driveways, and the remaining twenty percent contain unimproved trails. Legal accesses may or may not be available. [Note: Prior to the issuance of a building permit for any property in a rural subdivision, the owner of the property applying for the building permit must provide verification that he or sh has an JAil 2 0 1998 existing means of access to the property and the means of access to such property must a minimum of 20 feet in width.] Prior to the 1982 Zoning Ordinance of Collier County, four building permits for Parcels 1.17, 1.3, 1.6, and I0 for mobile homes were issued and cancelled, because certificates of occupancy were never issued. [Note: After January 1982 to present date, mobile homes have only been permitted on a temporary basis.] One permit for electrical work on Parcel 19 received a certificate of occupancy on 1/5/77. According to Section 103.9.3 of the Building Construction Administrative Code, no person shall make connections fi.om a utility, source of energy, fuel or power to any building or system which is regulated by the technical Codes for which a permit is required, until a certificate of occupancy is issued. The Building Review and Permitting Department may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy. [Note: Since November 1977, the County has had a provision that any such utility (except railroad, electric or communication utility in the exercise of its functions as a utility) shall not install, connect, disconnect or remove meters or their protective devices until a certificate of occupancy has been issued on the installation to be served through the meter.] In order to correct potential environmental health and safety hazards relating to sewage disposal systems (discovered during the County's initial investigations), Richard Clark, past Code Enforcement Director, agreed to implement in 1995 a "temporary use permit for septic system" on the basis that the operation of the system would not begin until a building permit was issued by Collier County. Nine temporary use permits for septic systems were issued. Six permits, Parcels 16, 15, 19, 1.4, 1 .$ and 25, passed final inspection by the FDH and three permits, Parcels 4, 9, and 6, have expired according to FDH regulations. None of the owner(s) or his/her legally designated agent have obtained building permits. [Note: Septic tank requirements have existed since the adoption of the Building Code in 1959.] None of the owner(s) or his/her legally designated agent have obtained approval for any clearing, alteration, or development that has occurred after July 27, 1989. [Note: Prior to the cleating, alteration, or development of any land designated ACSC/ST, the owner(s) or his/her legally designated agent shall apply for and receive approval of a site alteration/development plan, as the case may be, by the BCC.] IMPACT FEES There are five types of Impact Fees which apply to the Big Cypress Sanctuary. They are the Regional Park, Library System, Emergency Medical Services System, Road, Educational Facilities System Impact Fees. Ordinances No. 9743 and No. 9744 excludes the area fi.om the imposition of Sewer and Water Impact Fees. JAN 2 0 1998 4 OTHER CONSIDERATIONS if a parcel contains improvements which have been permittecl and constructed, according to all applicable federal, state and local regulations, prior to January I, 1986, then it can be exempted from acquisition and authorized to remain within the Big Cypress National Preserve. CONCLUSION While it is true that the amount of development within the Big Cypress Preserve is small, the conditions are generally severe (e.g., improper sewage disposal, wetland impacts, illegal dumping, and abandoned vehicles). In the past, the Florida Department of Community Affairs has made the assumption that acquisition was the answer to protection of this vast swamp. Big Cypress drainage contributes to the over-nutrification of the Everglades and every effort should be made by all parties to correct these violations as they are reported. FISCAL IMPACTS: {Refer to Attachment 9} The Community Development Fund (113) would ~ceive approx. $56,088.20 with after- the-fact permitting verses approx. $24,621 without after, the-fact permitting from the 22 properties. These properties would generate the following impact fees: $4,117.00 in Regional Impact Fees; $4151.96 in Library System Impact Fees; $432.48 in EMS Impact Fees; $26,599.80 in Road Impact Fees; and $37,630.00 in Educational Facilities System Impact Fees, totaling $72,930.44 in Impact Fees. GROWTH MANAGMENT IMPACT: {Refer to Attachment 10} Section 1.5.1 of the LDC states that the adoption of the LDC is consistent with, compatible with and furthers the goals, policies, objectives, land uses, and densities contained and required in the Growth Management Plan (GMP). As a result, if the LDC regulations (listed below) are complied with accordingly, then the improvements would be consistent with the GMP. Legal accesses may or may not be available. Prior to the issuance of a building permit for any property in a rural subdivision, the owner of the property applying for the building permit must provide verification that he or she has an existing means of access to the property and the means of access to such property must be a minimum of 20 feet in width. If legal access is not available, improvements would be inconsistent with Section 3.2.4.10 of the LDC. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning district. If building permits are not obtained and site alteration improvements on Parcels 27, 1.15, 23, 1.11, I6, 1.12, 1.6, 1.8, 25, and 1.16 are not removed and the sites are not restored back to their original natural conditions and/or mitigation activities are not completed, the improvements would be inconsistent with Sections 1.5.6, 2.1.15, 2.6.8, and 2.2.24 ofthe LDC. e All parcels must be consistent with the criteria for permitted uses, conditional uses~ dimensional standards and signs according to Section 2.2.17 of the LDC. Pa eels JAN 2 0 1998 $ ,.5'. 1.15, 2 I, 1.4 and 1.2 have more than one single family dwelling unit per five acres and thus thc improvements arc inconsistent with Section 2.2.17.4.5 of the LDC. Parcel 21 must obtain a lot-line adjustment or relocate structure; otherwise, the improvement would be inconsistent with Section 2.2.17.4.3 of the LDC. _RECOMMENDATION: To legislate in a manner exempting the 7 improved properties (4 owners) from any or all of the requirements determined by staff necessary for the properties to be consistent with current regulations: 1) Establishment of legal accesses; 2) Permitted uses in compliance with zonins (CON-ACSC/ST); 3) Structures built in compliance with all applicable building and zoning codes, 4) Site alteration improvements on Parcels 1.11 and 16 removed and the sites restored back to their original natural condition and/or off-site mitigation activities completed; and 5) Building permit fees (four times the regular fees of each trade fee), impact fees {$3530.80/per single family and $2151.14/per mobile home) and, where applicable, ACSC/ST permit fees (four times thc regular fees of $$5.00 per 5 acres or less + $9.00 per acre over 5 acres) paid o_Er forward these and other similarly situated cases to the Code Enforcement Board. PREPAKED BY: ~'d/~/~/~ DATE: ~imberly J.,l~I~, Environmental Sl~cialist II R.ENEWED BY: /ll. h - / / Code Enforcement Dyartn~t //~~ ~ DATE: '/-//-'~' ~5~ ~n~a P. ~a'~livafi,-~i~'ec~)/ /q a' 7',,'.9 · ~ ~-~Z Code Enforcement Dep~ent Donald W. Arnold, Director ~ Services Department . ,. /. 'Vin~entS~: C~utero, Administra--tor - - / Community Development & Environmental Services Division November 19, 1996 ATTAC~'NT 1: BCC MIF$I?-~ (~ Zt~ 17A) Item ~OFTHEOCTOBER22, ~96P,~X~ILA~EETIN~ANDOCTOBE~30, 1996 ~?~ ~.4~'/3~- ~~~ ~w-~ ,,, CHAIR/{ANNORRIS: We have some minutes. COM}{I$$IONER CONSTANTINE: Mr. Chairman, I'd like make a mo=ion we approve t_he minutes of the October 22, 1996, regular meeting and ~he October 30, 1996, special meeting of the board of commissioners. ' COMMI$$IONER MAC'KIE: Second. CHAI~ NORRIS: We have a motion and a second to approve the minutes. All those in favor signify by saying aye. O~posed? , (No response) Item CHAIRMAN NORRIS: Service awards. Commissioner Hancock, I believe you have one. COM}{I$$IONER HANCOCK: Yes. It's my pleasure this morning to recognize one employee for ten years of continuous service for Ochopee Fire Control, Miss Linda Swisher. Congratulations and thank you. As we like to say, one decade down, cwo co go. CHAIRMAN NORRIS: Two Co go. C0M}~I$$IONER CONSTANTINE: Another 9 years, 364 days, and ~arb will have caught her. COMMISSIONEK MAC'KIE: But who's counting? Item I7A DEBI KAY r.F~. REGARDING THE BIG CFPRESS ~Y ~ AND APPRf74~r~ - TO BE BROUC~T BACKK AND S~.~ AS ~__~fl~ILAR AGENDA 'ITEM CHAIRMAN NORRIS: Okay. We have now a public petition today, Debi Kay Lee. While Miss Lee is coming forward, I'd like to explain our public petition process. We allow ten minutes for a public petition for the petitioner to make a case. We will be unlikely to take any action whatsoever today bu~ -- beyond that of perhaps deciding to hear this at a future board meeting. We don't allow public comment on your public cogent. $o take ten minutes and tell us what you wan~ ~o tell us. MS. LEE: Okay. I'm not really quite sure, I mean, how much time you've had' to review it or how familiar you are with it, whether you want me to outline it a little bit further or just tell you as in the letter my concerns of why we need furcher -- CHAIRMAN NORRIS: the record, please. CHAIRFJtN NORRIS: Could I ask you to state your name on Oh, my name is Debi Lee. I represent Page 7 JAN 2 0 1998 November 19, 1996 ~he Big Cypress Sanctuary residents in section 16, township 49, range 3¢ in Big Cypress. CHAI~ NORRIS: Okay. And you can tell us whatever you'd like for ten minutes that y~u think we need to hear: . KS. LEE: I -- I -- just basically you have a situat~on where people were not issued permits due to basically nonfeasance by staff at that time. It was originally in Immokalee. It started in 1976 where due to the remoteness and the ruralness of the area they did not want to com~ out and inspect. They did not feel it was cost effective. I've enclosed in the package a summary that I did called Big Cypress. It was given to Dick Clark in December -- February of '95. I started this in '94. It explains the history of the area. He never seemed to question the validity. I've enclosed also ten individual statements of some of my clients telling their experiences. The process seemed to be going real well in handling it in the beginning. We got the septic systems taken care of. We took care of litter and things. Just it's been like two years now, and I'm not saying this placing blame but in the same effect that I don't feel my clients are to blame for their situation after, you know, intensive research. I don't feel that the present viewpoint of the present administration of wanting them to Pay permit fees and impact fees as if they had never built and all previous negotians (sic) which are outlined in one of the letters to Mr. Cautero state everything that I went through with Mr. Clark and Mr. Kirby who was our direct contact, and we've not really come to any resolution. And it's not even as much that the people can't afford the impact fees or that they don't get the services as these homes were built and they made every effort to comply with building code at that time. A few particular it-m- and the handling of it, it was -- Mr. Kirby was an environmental specialist. He was our primary contact to handle all -- you know, all information. And he didn't quite have all the knowledge necessary. There was a lot of turmoil and upheaval at that time. Mr. Clark then left in the beginning of '95. Oh. COMMISSIONER HANCOCK: I'm sorry. Go ahead. MS. LEE: Mr. Clark left, and nothing was done for several months over the case. Mr. Kirby was acting in a different position. When he finally got back to his desk and looked at the case again, he deferred it to the legal deparrnnent's office. After six and a half months there, it came back with a statement that present administration, Mr. Cautero, had some, you know, concerns about, and so it's been revised. I just don't think -- I think that the -- the people have been living there. They made every honest effort. This is not just this section, although this is the only section that's been issued the citations. The entire rural area out in that area I've not been able to find very few permits and nothing really reflecting I feel that it needs -- there se-m- to be a lot of confusion within my experiences over the past two year (sic) Page 8 JAN 2 0 1998 NovemBer 19, 1996 O development services of how it can be handled. We had been told impact fees were not going to be charged, and now present administration feels that they don't have the power to, you know, do I:~,-,~ n~t coin~ to be changed because th. ere's -- as there's no accountability for ~hat the bu£1dxng offxcial told the people in the past, then what PLr. Clark says is not, you know -- now is being ! negated and what Mr. Kirby had told us at different times. The legal opinion's been changed, and these people, you know, they're -- they're like -- b~:an under anxiety for two years. COMi~j.$$IONER MAC' KIE: What do you have -- what' s your best piece of evidence for their having -- KS. LEE: Glades Electric -- okay. Not only is it many people but there's -- COMMISSIONER MAC'KIE: But you don't know what I'm asking for. KS. LEE: Oh. COMMISSIONER MAC'KIE: What's your best -- it may be that you're answering the question I was going to ask. I just want to 'be sure. The -- the best piece of evidence that you have that they sought per=its. KS. LEE: Okay. Glades Electric -- there's a package -- now, nowhere do you usually find that electric service is provided without a standard certificate of occupancy. And service was started. There's a separate package in there telling you my interviews and a letter from the Glades Electric engineer. You don't get'%rectricity without a certificate of occupancy. That's a standard practice. COMMISSIONER MAC'KIE: Unless somebody makes a mistake. KS. LEE: Right. And Glades does not do this anywhere else. And through -- it was started in '76. Again it was reiterated in 1980, again in 1987 that building deparuzent officials told Glades Electric engineers and met with them and told them that they were not going to go out there and do inspections. And so basically Glades constituted the only permitting entity that these people found available. $o not only did they have their own experiences, but they found that they were able to get electricity. And so they had no real reason to contest the -- the present legal opinion is that building officials don't have the authority to say these things. But if the people -- the only people that you have to go to don't have the authority then, you know, where are you supposed to go? You basically go by the laws of the land, and, you know, you do the best you can which the majority of these people did. And I don't feel that it's a fault situation. It's just the way it was. It's the times. I know that present administration feels that, you know, that's what -- this is all they can do is suggest that it goes before the board. But it's just -- it' unom~~) to take people who have been living in their homes, paying t ~xes~,'You- ' JAN 2 0 1998 Page 9 that in the same way. So I just feel that due to inte.rpretation tha~ it needs -- The board members sort of a decisxon that's gonna be in writing NovemBer 19, 1996 know, for anywhere from 10 to 20 years quite comfortably and subject them to -- as if they have never existed and that it's their fault that they have not obtained the proper permitting. COMi~ISSIONER MAC'KIE: So I've just pulled out the -- the -- the letter I ~hink you're referring to. It's December 8, '94. It'S -- it's to you. MS. LEE: Uh-huh. COMMISSIO~-R F~C'KIE: Am I reading the right thing? And it says that you called about how inspections are handled on the Loony property near'Big Cypress and that several years ago somebody at Collier County told the senior staking engineer at Glades Electric Cooperative that -- that -- they basically told Glades £1ectric -- £1ectric Cooperative you go do the inspections? MS. LEE: See, ,now this was a continuance. Mr. Taylor only started there in 1986. Also in that package is an interview that I did with the original engineer. They were -- the -- the Glades has just now turned over their operation to Lee County Co-oD. And their present manager, he was very concerned at)out the legal aspects of if they could get in trouble because these were verbal agreements. But Mr. Ford, the original engineer, in the interview he gave me all the information which I have recounted there. And he stated that should it ever go to a court where, you know, he'd be forced, he had all of his old records. I've spoke with ~ny of the staff who were there, and I did find out something new, that the very first ones that were installed, they actually took the poles up by the Immokalee billing office and let them take a look at what they were providing, and then it continued. It was in '76, 1980, then again in '87 that this practice was continued, that they verified it with the county. There were's~veral meetings that they had, and that is the greatest piece of evidence that we have. CHAIRMAN NORRIS: Mr. Dorrill or Mr. weigel, my question, first of all, is a matter of process. Is this -- is the Board of County Commissioners going to be the proper forum to hear this question? It see~ to me we've got code enforcement problems that need to be decided before it ever comes to the Board of county Commissioners if it ever should. I don't know. Maybe you can explain it to us. MR. DORRILL: This is currently being worked as an active code case, and I'll let Mr. Cautero assist me here in terms of some of the mechanics of this. MR. CAUTERO: Vince Cautero for the record. Good morning, commissioners. As -- as you know; until October 30 when the -- the board amended the Land Development code, code enforcement cases could be appealed to the Board of County Commissioners prior to them going to the Code Enforcement Board. This would have been a holdover case which could have gone to the manager for an aDpea1 and then the board. In my discussions with Miss Lee towards the very end of this process, it became apparent that the -- in my opinion sticking point was the Lmpact fee. Rather than have 25 to individual cases go to the manager, I made the administrat] Page 10 JAN Z 0 19c3 November 19, 1996 tha= it might be appropriate or that it was appropriate for her to come to you and -- and state her case because she had been always telling me that if it couldn't be resolved at the staff ~evel -- and unfortunately, I was unable to resolve it for her to her satisfaction and her clients' satisfaction -- to in essence give her a day in court if you will. It is unorthodoxed. Yes, officially in accordance with the code, those cas~s 'should have gone to the _m~nager and then the board, but you prob,ably would have had 30 to 35 cases if we were upheld by the manager, so I fel~ i~ would be appropriate to bring to you. COmmISSIONER HANCOCK: Actually mY -- the -- the two questions i had built on that, Miss Lee seems to be making a case collectively for all of the homes out there. MS. LEE: Right. COM~TSSIONER HANCOCK: How -- okay. Just -- however, I don't think we can collectively look at them regarding code enforcement or building permits because each one has its own scenario, its own parameters, its own building time, its own manner in which it went about things. I have seen some documentation of certain owners that -- that tried harder to make contact and document that contact than others. $o there are two issues here that -- that I think need to be decided, and the forum needs to be decided rather than discussing it in full leng%h today and then coming back and dis -- discussing it again in full length -- MS. LEE: Right. COMMISSIONER KANCOCK: -- another time. The first is t~e ~Jilding permits, and I happen to agree with Co~issioner Norris that that, in fact, is a code enforcement issue and should be dealt with individually for each structure. At least at this point that's the way I see it. The second is the impact fees. Whether a home receives a building permit or not, if they were built prior to the implementation of our impact fee ordinance and come in later and retroactively comply with building per -- they were here prior to the ordinance. They should be treated the same as homes that were -- were built prior to the ordinance. So for impact fees it seems rather cut and dry. If we can verify that the home existed prior to the ordinance, then whether they have a permit or not, they wouldn't be subject to impact fees. Now, I don't know if we can separate the two, but that seems to make sense to me because we didn't charge other homeowners for impact fees · that were built prior to the -- the effective date of the ordinance. COMMISSIONER MAC'KIE: And I can understand why staff wouldn't be comfortable doing that administratively, but -- but I'd support that position, that -- C}{AIP~ NORRIS: Okay. COMMISSIONER CONSTANTINE: Mr. Chairman, our general policy on public petitions is to decide whether or not a regular public hearing, and I think Commissioner Hancoc Page 1998 November 19, 1996 We may need to hear these individually rather than lump sum. We may hear all them on the same time frame, but there may be some differences between the various ones. But I'm going to take a little convincing on some of it, but I think it certainly deserves a public hearing. And I'll make a motion we go ahead and put it on a regular agenda at the earliest convenient date. COM~I$SIONER MAC'KIE: Second. COMMISSIONT. R KA~COCK: Clarification if I may. Is that to discuss the impact fee application or building permit or both? I'm not sure if we need 'to make that distinction now. But if build -- if the building permit issue is, in fact, a code enforcement issue, do we want to direct it through that channel before coming to this board? COM~ISSIONER CONSTANTINE: I'm going to say both only because they had -- prior to October 30 they had that alternative, and Mr. Cautero made that recom=nendation, so I'll say both. COM)~ISSIONER HANCOCK: Okay. CEAIRPER$ON NORRIS: Okay. We have a motion and a second then to bring this back on a regular agenda. All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN NORRIS: Thank you, Mr. Cautero. Thank you, Miss Lee. MS. LEE: Thank you. Item 18Al ~m~OLUTION 96-515, A~FECT~ ORDIIIANCE 90-45 ALSO KIWTWN AS tiReD PUD,-REQUIRIN~ Tm~ SU~IT~%L OF A PUD ~- ADOFTED AS AHENDED; APPLICANT TO COIfE BACK WTTH IKID A)fENT~3~T WI~ STI MDN~ CHAIRPERSON NORRIS: Next item, staff review and recommendation relative to ordinance 90-36, the Brentwood PUD. ~R. MULl{ERE: Good morning. For the record, Bob Mulhere, current planning manager. There are two of these petitions on your agenda this morning. And in speaking with the county attorney's office, they have some general comments relating to the PUDs that are going to be reviewed for the sunsetting provisions of the code. And so prior to having Mr. Bellows make his presentation, Miss Student would like to make a few comments. MS. STUDENT: Good morning, commissioners. For the record, Marjorie Student, assistant county attorney. I've written a memo to ~r. Weigel, just written it to him, that's basically a response to Mr. Grosso's opinion which I believe Chris Straton forwarded to the commission. I'll just make a couple general comments, and most of this does not even affect the PUDs that you're going to be reviewing today, but I do not agree with Mr. Grosso's opinion. -- For one thing, it fails to acknowledge that any action- ^G~i'~ the board r~ay take on any of these PUPs, if it changes use >r intensity or density will require another ordinance, and th Page 12 ,JAN 2 0 199 JAN 2 0 1998 ~._/~._ ATTACHMENT 3A: GILLIS DESCRIPTI03 (PARCEL 1.14)'._ {See ,4ttachrnent 2. under GILLIS listing} ~ (Since 12/85) Donald & Bobby Gillis 2180 SW 31" Ave Fort Lauderdale, FL 33312 (305) 581-2771 Code Enforcement Case History 07/22/94 INITIAL INVESTIGATION 08/12!94 SENT LETTER INCLUDING 10-DAY CONTACT REQUEST 08/22/94 08/23/94 10/28/94 11/12/94 12/28/94 06/28/96 07/00/96 08/12/96 VERBAL CONTACT RECEIVED LETTER SENT NOTICE OF VIOLATION RECEIVED NOTICE OF VIOLATION DEADLINE TO COMPLY SENT 2~'~ NOTICE OF VIOLATION RECEIVED 2~ NOTICE OF VIOLATION DEADLINE TO COMPLY FISCAL AND GROWTH MANAGMENT IMPACTS: [See dttachments 9 & 10. under GILLIS listing} .Note: Ifa building permit was issued in 1980 for the construction of a single family home on Parcel 1.14, prior to any site alteration improvements, the estimated permit fees would be approximately $240. RECOMMENDATION: To legislate in a manner exempting the improved property (Parcel 1.14) from any or all of the requirements determined by staff necessary for the properties to be consistent with current regulations: 1) Establishment of legal access; 2) Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; and 4) Building permit fee of approximately $2,986.00 (four times the regular fees of each trade fee) and impact fee of $3,530.80 paid or forward these and other similarly situated cases to the Code Enforcement Board. 1998 ATTACHMENT 3B*: HENRY DESCRIPTION (PARCELS 1.11.1.17 & 16]: {See Attachment 2, under HENRY listings, Personal Statements & Permit Information] Ownership (Since 2/81,7/88 & 9/92) Charles Henry, Renate B. Henry and Michael A. Henry 2605 S. University #129 Davie, FL 33328 (305) 384-7218 ~ode Enforcement Case History 07/22~94 08II 2t94 08/19~94 08~22/94 10/28/94 11/19/94 12/28/94 06/28,'96 07/05/96 08/12/96 01/14,'97 INITIAL INVESTIGATION SENT LETTER INCLUDING I O-DAY CONTACT REQUEST RECEIVED LETTER VERBAL CONTACT SENT NOTICE OF VIOLATION RECEIVED NOTICE OF VIOLATION DEADLINE TO COMPLY SENT 2~''~ NOTICE OF VIOLATION RECEIVED 2~ NOTICE OF VIOLATION DEADLINE TO COMPLY INVESTIGATED FISCAL AND GROWTH MANAGMl~NT IMPACTS: [See Attachments 9 & lO. under HENRY listings} Note: Ifa building permit was issued in 1991 for the temporary* placement of a mobile home structure on Parcel 1.11, prior to any site alteration improvements, the estimated permit fees would be approximately $330 plus ACSC/ST permit fee of $85.00 and impact fees of $917.14. totaling approximately $1332.14. [* After January 1982 to present date, mobile homes have only been permitted on a temporary basis.] Note: If a building permit was issued in 1980 for the consmaction of a single family home on Parcel 1.17, prior to any site alteration improvements, the estimated permit fees would be approximately $300. Note: Ifa building permit was issued in 1985 for the construction of a single family home on Parcel 16, prior to an)' site alteration improvements, the estimated permit fees would be approximately $205. Building permit fees for the new addition (bathroom) would be approximately $110 plus ACSC/ST permit fee of $130, with a grand total of approximately $445. RECOMMENDATION: To legislate in a manner exempting the improved property (Parcel 1.1 I) from any or all of the requirements determined by staffnecessaxy for properties to be consistent with current regulations: 1) Establishment of legal acce 2) JAN 2 0 1998 Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; 4) Site alteration improvements are removed and the sites are restored back to their original natural condition and/or off-site mitigation activities are completed; and 5) Building permit fee of approximately $2,861.40 (four times the regular fees of each trade fee), $340.00 ACSC/ST permit fee (four times the regular fees of $85.00 per 5 acres) and impact fee of $2.151.14 paid o...~r forward these and other similarly situated cases to the Code Enforcement Board. To legislate in a manner exempting the improved property (Parcel 1.17) from any or ali of the requirements determined by staff necessary for the properties to be consistent with current regulations: 1) Establishment of legal access; 2) Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance x~5th all applicable building and zoning codes: and 4) Building permit fee of approximately $2,085.00 (four times the regular fees of each trade fee) and impact fee of $3,530.80 paid o_!r forward these and other similarly situated cases to the Code Enforcement Board. To legislate in a manner exempting the improved property (Parcel 16) from an>' or all of the requirements determined by staff necessary for the properties to be consistent with current regulations: 1) Establishment of legal access; 2) Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; 4) Site alteration improvements are removed and the sites are restored back to their original natural condition and/or off-site mitigation activities are completed: and 5) Building permit fee of approximately $1,666.00 (four times the regular fees of each trade fee, $560.00 ACSC/ST permit fees (four times the regular fees of $85.00 per 5 acres + $9.00 per acre over 5 acres) and impact fee of $3,530.00 paid o_Er forward these and other similarly situated cases to the Code Enforcement Board. 1998 '1. ID # 003 748 0000 4; 1505 Deer ~ 1:~1.; 16 49 34, $½ of ~ ~~~y ~~ ~ , 109, 117, 125. · 2. ~ 9 003 745 6000 1; 1499 ~ ~ ~d; 16 49 34, of ~ (5 ac~); ~ ~ 1.11; ~y ~ ~ ~ 101. 3. ~ ~ 003 754 4000 7; 1591 ~~ ~; 16 49 34, (10 a~); P~ ~ 16; ~y ~~Y ~ ~ 119 & 127. 4. ~ ~ 003 745 2000 9; 1507 ~ ~ ~d; 16 49 34, ~ of ~ of ~ (10 a~); P~l ~ 1.10; ~y ~~Y ~ ~ 116 & 124. When cur ~loyer of 24 y~s, The Miami Herald Publishing O:mpany, offered us (Charles R. Henry and Renate B. Henry) a buyout ogtion at the end of 1979, we resigned our middle-manag~t positions for a chance to lead a less complicated and less stressful life in a re~ote area of the Big Cypress in ~tern Collier County. We had giv~ Mr. Roy [coney a downier for 15 acres (identified above as Property #1 ) in March of 1979. After selling ~e house we had built ourselves in 1972 in the horse-country west of Davie, we moved with our t%D sons, Ron and Michael, the same day, 5/21/80, to our new hcme, a trailer on our property in Collier County. A we~k before, on 5/14/80, one of our new neighl=ors, Mr. Joe Brown, had offered to go to the Building Depax~.nt in Inmokalee, where he said he had an acquaintance, and obta{ned a builcling permit for a trailer (#80-2168), enccmpassing plumbing, electrical and septic. After ccmpletion of these stages, we called for an inspection and spoke with Mr. Tillis of the Collier County Building Department in Immokalee. When he found out where we ~_re located and that he needed four-wheel drive to get to us, he said that he ~uld not himself come to inspect us and that he had no one else to send. We told him that we planned to build a house and asked him what we should do. He said that w~ should build "according to code" and that we did not need a permit in our area because it was too re~ote. This was not only our experience, but also that of our neighbors, many of whom were told over the ye~s that no permits were needed in our area. Even the engineer frcm Glades Electric, Mr. Lawrence Ford, was .given permission by the Collier C~unty Building Depa~.nt to make a cursory inspection of the power pole and septic tank in lieu of a C.O. Since this was perceived to be customary practice in this part of the county, we did not question or contest it. Just like we did not question or contest the decision by the JAN 0 1998 O:Llier county S~hools not to send a schoolbas for our children. The Hendry County school system in Clewiston agreed to let the children of this ar~a a%tend their schools, where they go to this day. Up:n c:x~letion of our hcme in July 1981, we built a garage and ~rport and in 1984 a barn for our animals. That ~ year wm also moved our trailer to the above described Prope~ #2 (uurc-hased from Mr. Looney (:n 1/26/81). inst,~ation of a septic system an~ well and initial connection to the electric servica of our house. Cn 3/7/84 t%D collier (2~unty tax assessors, Messrs. Jack R~ng and Jeff Davidson, cama to assess our house ar~ outbuildings. We told them of our ~m_rience r~g permits an~ they said that the assessment ~m~ld serve to 9~ar~lfather us in. Later that yg_~r, on 10/29/84, we obtainsd a (bllier County occupational permit for our tree farm, which we have r~new~ every y~ar since. That this property had been declared an area of special treatment was nav~r mentioned by the person issu/~g us the permit, even though she we petitior~d then~ss~oner, by the county. She sant ~ out her~ to assess the situation, but her rz~=m~e~tion, that we had to bring the road up to grade if the county were to taka it over, was not feasible because of the initial co$~ to each resident invol~ in such an undertaking. In summation: We have made a sincere effort to be in o:mpliance with Collier County ordinances an~ we are now ~rking with an agent, Ms. Debi Kay Lee, to obt~An all necessary after-the-fact permits. We feel, pzr~ever, that we should not hav~ to pay impact fees because we do not receive any services fr=m the county. And because w~ w~re unable to obtain permits at the time we sought them, the permit fees we will be charged now should be assessed at the ~rly 1980s rates. To be continued · · · e_-z: 1 s. , 1995 Charles R. Henry Renate B. Henry JAN 2 0 1998 1~:: ~,~.~,~.D~0..0.~.E.7.$:4.~4000..{7}. i1591..Panther' l~ad; ~ 16' 49 34, SW¼ of 'SE-} of 'S~¼ '{10 acres); Parcel.#.16;"IDoney'Property'Parcel # 119 &'127. Ms. Judy Richardson bought the above described property in.A~just 1982' from Mr. Roy 5ooney. She single-handedly built a two-story house with stained- glass windows. Because of illness, she had to r~linguish the property and took the major portion of the house down in ,Auril 1985. That sam~ ~nth, Mr. Dmn ~pe bought the property and re:red there with tw~ trailers. He lived in a cabin he constructed out of r~mnants of Ms. Richardson's house. When he decided to re:ye back to Ft. Lauderdale in :~ 1992,' we bought the property, and after extensive clean-up and renovation of the cabin, our son Ron moved there. When the septic system %fas found to be in violation of public health codes, ~ obtained a septic system permit .~ BC 95-7 on 8/11/95. A new septic system was subsequently installed and is scheduled for final i~%S inspection in July of this ye_aT. June 26, 1996 Renate ~rba. ra Henry JAN 2 0 1998 .a~,,~.*'~ APPLICATION FOR BUILDING PERMIT COLLIII COUNTT, FLOIIOA State RcI. State Roi. C.C State Rtl. ,C.C. State Roi. C.C. State Roi. CC. AZ~ S'~LUM lNG POOL LOT OR M~ AND BOUNDS ~ ~ ~ Z6 -- //~- ~4 ~ BLOCK UN~ SUBDIVISION lu,ldlnl or Steuaurc rill i'ace Zonlnl '7' ~ ~ Minimum Lei Area _ Matimum lulldlnI I{cllhl _ ~ ' Nllnlmum I'runt Yard S. ~ack 2-~ ' Minimum I,car Y,rJ S,, I,c~ Minimum Side Yard S. Back Ccn.jl Sc~cr Name Cch.al ~'~ter Nlme Septic Tan~ '~ ~ Cations NOTE: Any vur~ v.hm IN,hhc IIIjhl,o(.~ay must comply v,th County Ord,n.~ncc N~ ~.~9 and Collier County Pubhc cdillOn. 'T'be ,d:m,,.~ al:,5~,cat~on has I~cn czam,ned and Is hereby approved sublecl 1o Ibc payment of S ~ ~ . 0 0 ~ ___ as pro-ideal by Ibc ~11~ ~unlr ~ddmI Code, ~ ~ c~pr~ ,I vo~ is no( s~lncd vi~hin 6 monlhs from dilC of h/ut. Peril void i( lonlnI ctissi~canon is rio. ~ ~ ~ ~1 not chinlt ~o Iny ot~cr use vil~out I nc~ pctmil ltom I~c ZonlnI D,rCClOr. Fro rill be qu~,lrup~ ~ ~ ~y ol $~ i~ vmk ts stlrqcd vil~0ut i permit. ~c ~ppl,cinl further undcrslinds Ih3l Iht p m ~ ~ ~all not ~ used or Kcuo~d until In Ipprovcd Cenl~citc o~ Occupincy Is Issued. ~IC ~ ~'d O~ncr ~C ~d AlCnt ~ ~d ~ ~d ~ntrlclor 2 BUILDING Fi:ii, MIT COLLI(I COral1'ql', ILOItO& DXTE APPLIED.. ~0 =.~L6~ .DAT~ ISSUED ' ' - 4 -~J__ :~kale~. "~a. S,,,( RcS. Slue Roi. ,. State Ret. --, ..BLOCK ..,UNIT . SUBDTVISION ~k~ANDIOUNDS 1~.t..~ en~t~pr "e,,~ty. T~nlre. fla. Rocr ~ __ Sq. Fcc, hn:k ........... Scl Kc. ~ .... S~, Fcct ~ Sq. Feel A C I, tc~h ..... Tons T~ _ . Sq. Feet Budd,nl oe Sm~c~urc v,fl face OIOIHANC[ ITANDAIDI Minimum Lot Area M~imt,m l,,,Id,nl I lc,Iht Minimum Front YuJ Scl Iac~ Minimum Rcu Yud Sc~ Bac~ Mm,mum Side Yud Sc~ BIck Central Sewer Name C~lra~ W~rr Wall Pcrma ~o ... Scptlc TJnL DrJ,nRcld ...... Plumb,nI Stub inch~ ~anilaft~n ~ , v t e~t ' ''1' n1,Ove F, (.am,ned and is hclc1:)y approved suhlecl lo thc paym(nl of $ Js provided by thc Coil,ct County Bu,ld,nI Code. Any ,,,',,fL ~,,Ih,,, I',,hhc R,I:ht.of.~C/JY musl comply w,th (:Ounly Ohl,,,ancc ~,' ~,39 and Curlier County Pubhc II,~l,ts,of.~'ay C,m~tr,,ctton Standud Hand.ok. latest edition. Pa?-----, I.~"~n.ed *. ,: - , .... :r. (.""q'~ Build;nI O~cial .... :,=7/J, ., ~ Ix-md flr~re,, ,f v..o,k ,,b not ~ bin 6 month,, from date of Issue Permit void ii loninl ctassd, cat,on is vlo. ll~ T~ ~ fiord ~C)4 ch'~e lO Jr'. OlhCl USe t,,'ethOUl i flew permit (rom the ZoflinI Director. Fcc vlSI he quadrupled ~ d.~ pen.~y e,/ $$0000 ,f vorL is stutcd w,thout a ptrm,t. Thc appl,cant (unhcc undelslands Ihat eke proposed ~ d ~ ~ r~ ~c used or occuoied unt,I an appro~'cd Cen,Rcatc o( Occupancy it issued. 'FAILURE TO COMPLY WITH TIlE ]IECIL~NIC'S' I.IEN I.A\V (:AN RE- SULT IN TIlE PROPERTY OWNER PAYING TWICE FOR I~UILDING Contractor AGE~ 1998 16-49-34 .~% Immokalee, Fla. N% S~'l~ SW% ,Co~nCy, I~bkalee, Fla. ..... Mobile Home .5-14-8.0 Owner Owner Owner -..; YREe pURPOSE: LOCATION OF OPERATIO~: -~ v APPLICANT ' S ADDRESS''--'''~ . , O~..rS,'[' ~R iU 3. AGF_NT~S NR/~E & ADD--S: ' I l~n ut, E., ~,~ot,rs: g~.~,-s~,~ _ o -- - O~ JAN 2 0 1998 i ! JAN 2 0 1998 ATTACHMENT 3C: LOONEY DESCRIPTION fPARCEL 29.1): [See ,4ttachment 2. under LOONEY listing] Ownershiv (Since 5/85) Roy J. Looney 416 Lakeview Drive, Unit 205 Ft. Lauderdale, FL 33326 (305) 384-1064 Code Enforcement Case Histom 07/01/96 INITIAL INVESTIGATION 07/01/96 SENT NOTICE OF VIOLATION 07/06/96 RECEIVED NOTICE OF VIOLATION 08/14/96 DEADLINE TO COMPLY FISCAL AND GROWTH MANAGMENT IMPACTS: [See ,4ttachments 9 & 10, under LOONEY listing] Note: Ifa building permit was issued in 1978-79 for the construction ora single family home on Parcel 29.1, prior to any site alteration improvements, the estimated permit fees would be approximately $145. RECOMMENDATION: To legislate in a manner exempting the improved property (Parcel 29. I) from any or all of the requirements determined by staff necessary for the properties to be consistent with current regulations: 1) Establishment of legal access; 2) Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; and 4) Building permit fee of approximately $1,671.40 (four times the regular fees ofeach trade fee) and impact fee of $3.530.80 paid or forward these and other similarly situated cases to the Code Enforcement Board. JAN 2 0 1998 ATTACHMENT 3D*: MC COLLOCH DESCRIPTION (PARCEL 15 & 19~: [See Attachment 2. under MC COLLOCH listings, Personal Statement & Permit Information] Ownership (Since 4/82 & 4/83) Leonard A. Alison McColloch Star Route 42-AA Clewiston. FL 33440 Hode Enforcement Case Histo~ 07/22/94 INITIAL INVESTIGATION 08/12/94 08/! 9/94 08/25/94 10/28/94 I 1 / 10/94 12/28/94 07/01/96 07/09/96 08/14/96 SENT LETTER INCLUDING I O-DAY CONTACT REQUEST RECEIVED LETTER APPLICATION REQUEST SENT NOTICE OF VIOLATION RECEIVED NOTICE OF VIOLATION DEADLINE TO COMPLY SENT 2s'° NOTICE OF VIOLATION RECEIVED 2~ NOTICE OF VIOLATION DEADLINE TO COMPLY FISCAL AND GROWTH MANAGMENT IMPACTS: [See Attachments 9 & 10, under MC CULLOCH listings] Note: Ifa building permit was issued in 1974 for the construction ora single family home on Parcel 15, prior to any site alteration improvements, the estimated permit fees would be approximately $60. Note: Ifa building permit was issued in 1974 for the construction of a single family home on Parcel 19, prior to any site alteration improvements, the estimated permit fees would be approximately $120. Building permit fees for the 1981 addition (bathroom) would be approximately $40, with a grand total of approximately $160. RECOMMENDATION; To legislate in a manner exempting the improved property (Parcel ! 5) from any or all &the requirements determined by staffnecessary for the properties to be consistent with current regulations: 1) Establishment of legal access; 2) Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; and 4) Building permit fee of approximately $1.085.80 (four times the regular fees of each trade fee) and impact fee of $3.530.80 paid o_Er forward these and other similarly situated cases to the Code Enforcement Board. To legislate in a manner exempting the improved property (Parcel 19) from any or ali of the requirements determined by staffnecessaD' for the properties to be consister t current regulations: 1) Establishment of legal access; 2) Permitted use in comp] ance JAN 2 0 1998 with zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building and zoning codes; and 4) ) Building permit fee of approximately 3,452.40 (four times the regular fees of each wade fee) and impact fee of $3,530.80 paid or forward these and other similarly situated cases to the Code Enforcement Board. JAN ~ 0 1998 Our History In Big Cypress by Leonard and Alison McCulloch June 19, 1974: We moved to Big Cypress when our first daughter, Esther, was exactly one month old. We had an agreement with Mr, R.J. Looney to cut cypress from his property for his own use in exchange for rent. We owned a sawmill which was moved to this site. Later in 1974 we registered in Naples as Little Bear Boat and Lumber Co. Our intention was to build boats with cypress cut in the area. However, the sawmill developed numerous mechanical problems, and Leonard found employment building fences for cattlemen and working at other sawmills. January, 1977: Glades Electric Coop installed electric on our property. We paid Joe Brown, a landholder in the area, the fee for the electric permit which he purchased for us from the Immokalee Building Department. 1979: We signed a Contract for Deed with Mr. Looney for 10 acres of land (Parcel #003755 6000-0.) This acreage did not include all the land we had been renting, but it did include our main home site and our sawmill site. At this time our home was a small cypress cabin, typical of the structures in the area used for hunting and cattle ranching. 1980: Our sawmill, having been totally rebuilt by Leonard, at last began functioning with some success. Having purchased the 10 acres, and having our own milled lumber available, we were eager to upgrade our housing situation. Leonard went with our neighbor, Tom Teufel, to the Immokalee Building Department to purchase permits for building plans and a septic tank. The inspector told them that we did not need permits because inspectors would not come to our area. We had the desire to operate legally. We researched the zoning and building codes applicable to our area, and we had our property surveyed so as to locate the boundary corners. We began building our home, including a septic system in compliance with building codes and ordinances to the best of our ability. Al- though we continued to feel concerned that we had not been al- lowed to purchase permits, through the years our neighbors report- ed similar experiences with the Building Department, and we never again attempted to get permits. 1980: Neighbors went to Naples to request a school bus coma our children. This request was refused with the explanation th; f~[ AG EI~A, JT~M \ we"" ~ JAN 0 199 page 2 qualified to sign a paper exempting our children from school because we lived in an inaccessable area. We chose to school our two daughters at home until they attended Clewiston schools in the seventh grade, (involving four hours of travel daily) Alison is a Florida-certified elementary school teacher. 1982-1983 These were our successful years in the sawmill business. We purchased timber rights from Collier Corp., Collier Enterprises, and the Seminole Tribe of Florida. We logged and milled our own lumber to complete our home. We purchased two adjacent 5 acre tracts, portions of which we had been using since 1974 for outbuildings,storage and a garden. Our long-term goal was to give these two parcels to our two daughters. During this period our Contract for Deed for our original 10 acres was converted to a Mortgage Deed. History of The Pines (Parcel # 0037540000-5): We designated this 5 acre tract as The Pines, obviously, because of the presence of many large pine trees. Our first structure here (1974) was a small building used for sleeping quarters for family or workers. Later we added a well, electric, a septic system, and a succession of mobile homes, a storage shed, and a chickee (never finished.) In 1991 we began the renovation of the original sleeping quarters into a small guest house, eliminating the need for a mobile home. 1984: The Collier County Tax Accessor measured our house for property taxes. We filed for Homestead Exemption. 1986 to Present: Our sawmill became increasingly difficult to operate because of unavailability of timber rights, In 1992 the entire sawmill and woodworking shop were destroyed by fire. We were uninsured and all our business resouces were lost, We found employment with the Seminole Tribe where presently Leonard is Operations Manager for The Billie Swamp Safari and Alison is a fourth-grade teacher for Ahfachkee Elementary School. In 1994 a 60-foot tower was constructed for telephone installation. In the spring of 1994 we began a septic tank repair as we were aware our original system was breaking down. We purchased and installed a new 1,000 gallon concrete septic tank, and were in the process of upgrading the drainfield when unusually high water made it impos- sible to bring in truckloads of sand to complete the work. When we received a Septic Tank Violation from the County in December,1994, No. ~ JAil 2 0 1998 page 3 we immediately responded to remedy the situation. We had a certified site evaluation done, and had plans drawn for an approved septic system. However, the repair permit has not been issued due to legal inquiries. We are environmentally conscious people who desire to maintain a homestead which is in everyway legally approved and respectful of the fragile ecosystem in which we live. We hope to fulfill all legal and environmental considerations, and we would appreciate help in expediting this situation, JAil ~ 0 1998NI~ _ ~,~.am p. Torr=ntlil ,...~ n ,.mlt,'~t. 'tropical · ralnl. Trelchorous '~sh tiros. D-.adly .'1~. vorlctous mos~ul. ds. And . .~hl~ Is the Florldl ~. i viii n= mia', Ii~d /es bQtwi,n posh P,Im net ,nd FI. ~iyers on dl el ~axlco. Dui It's ShinlH-~ to · . ~wlnl numbor o~ plonlet. '1 llmilles who hivi ,~,n Ihs shackles ~! th, bin mi mc, lot ll~l ~ Iild--ind oltan :s~uldoors. turle~ o~clly Ifil srlctlvt Allison ~cCul. ='vt l~nd h:ppln~s: ~nd its primitive stere Is very. · tv beautiful. Sure. there ~'snal~es a.d mosquitoes d alllgators. But we just ,'o II here." Ill ii W Il Illmlllqlldl, · The NewPione The frontier sp'. t of The L/tt/e House' on the.'. E,,h,, ,,c,,toa,. ,. ,, · ~irl,. I. ,1Ye dllCOYl~f Prnirie l ves on' i.n the Ever ades. .,,,,.-,.c..,,,.c...- A former school leacher. :.~.eer.old Allison and on pe~.~.ane nt residents of e 'Glides lot live ye,rs .~w." contlnu,s th, math. of two yOUnl d~uihters. Ye were just sic~ o( city e. where you c~n't hero without blln~ :urdere~. That's no "I'm quite ~trict :nd InJlst ld~en. her diu~hters. Eslher t~]' --' and Saran (61. Olher chil. :- drenwho Hvilntha Isolated swamp are· attend school In Clewlston. Fla.-.-e ! ..*~e "Roll'* America. "%'e wanted to Get out-- Id the 'real' Amer=ca. Thta II. one of tho last frontiers. · fall like wa're pioneers. .tying a new life out of the ildefness. And that's the .nd o! Iplrll that made ,notice great.'* The McCulloc.~s own I$ res of cypress and pine fillsi tho marshy terrain td operate e iewn~il]. "It hasn't been easy," Al- san con~aises. ",~oney as very scarce al fJrsl. Tho ~wmlJ[ equipment kept reeking down and Leonard sd to take whatever work ,t could find---odd lobs and orkln$ with park ranBers. ut we made It.--~nd we've ever had one regret." Tho McCulloch family yes in in old Iraller. bul eonerd ia bulJdlns e !r,me omo wtth lumb~ he lash- ,nj It the mill. · . "U'S ~oln~ to be hen wo 8e~ ti llnls~ed." IIIson ' -dldln II ~rom sc:~tch'~nd e Ion8 w~y ~o ~o. Pot now. lhcu~h. I~a one. · no le3ch~r uses Ih~ shell t c;cn-i~r sc~:c~:u/e g a.m. Io 3 pm. every div." Allison savs."And the k ds seem to eS'lay It. They're do. Inx very well--leernlnl a lot. "But thl freec~om al' ]ivies In tho country has taught thom much. much mare then books can. They'ri learning a Iai about tho real. ly Important values In Ille." While life In the 'Glades la rlFnlth'e b~' mtdtown Man. ' often stan'dards, the fie. · Illes that call the swamp ~thls desolate area ts I,Tr: reminder that Ihs 'G,ac' Ire still i fmntler----¢ rifle' I or i ihotgun. 'The children. Ihou~: ful here..· bu~blas brtlh ey,~d Esther ~c'Culloch. know everythln~ ibout tl sweep--ell the aec:' laCel. I can run around ~ ay and never let bored." Miami buslness~nan ~: Leanly. who has a week,e, cottage In the area. shot, tho year.round resident ' enthusiasm. . "Despite the denler~ sn~es and alli[ators, this · one o! Ihe safest pieces )'t S'can ba as Ion! as you .u. se ~"llttle common sense,' I home do have electricity'-- . seye."lt's c,rLalnlya aeck and some even hove Indoor · & lot sa[or than a Jot a! plec: plumblne. · But thoro ere no Sale- ,shines ,,nd drlnl;Ins, wilor oblalnod tram i well. As for shopping. Shinerl-L~'a homama/~ers ere forced make a four.hour roun'd.Lttp drive to tho smell town of [mmokolee Io Itock up on provisions. "And you'd bettor be sure you Eot over,lng on one wook~y trip." says 32- yao~old Yalend. who. with her husband ~e and throe children. I~ the McCullochs' closest bar. "Thoro ~ no dru~- sto~as or ~upo~a~keu ~ts nelehbot~od.'' · Yolanda qulckly.eerees that tile In tho 'Glades "isn't easy. But II's allele(ely bet. tee 'tot the kids. We k~ow Whore they a~ :nd to try to Impress anyone of lnMleml." who's wllh Ihem. There try Io ,k, eep up wJ~ the ......... , bplina~a lsoleuon aren't nearly as ~ny c~m- ~oneses.' .' pllcatlonsaslfl~e~lty.' Allhoush~e~sldontso{ ' One Ihlnl Ii certain. ]osie Siiltidda: ~hore'o Shiflirl.~,iru ip~id out 'Shsnlrl. LI h remote I Iromondous rolls'action over a square mile' at. hudlolello. VIsltors ' and Ichlovemenl Iff seels swamp, marsh Irlll. ildfll- 'lo drive up t bum · 8cct~ somelhlnI Irow end lm~ edltJes and dense lolllle,~ ,~id Ihol twlsrs I~%1 i prove Ihrou~h your own flerc~ reollnq or cammum[~ · nnl for slx miles. Thoro har~worklnae[[ofl." splrl~p~vlll~. - .no s~ins, mill boxes Then ~ore ire lbo His- "Il I a lot llko Ul~e House. mar~ors lo Identity ~o lie lenplus~entt. I [ormet onl~iP~rrle, liuoes/"ob /cbmmunily. You slmpl Leal Island. N.Y.. halF. Ji~el Allison ~ullo~,~iveto~owwhlchnuro drefsor, end her plumber. "exceptourJllllehourolor%~ lip In ~e Iwimp husband Dave. In lbo iwimp. Wa're llwiy~ ~ [lids Item the icctss road "We Io~'o It ho~." lifter vl~ltln~ each olhit~lo toy ' thb homeqfa~'- Jax's and Irlfls. "We'r~ lie- hello and see how wqca6' .~~'! Ihs ~ ,0? la{ed, but never lonely, help outwlthwheteve4 hal ~~evs / IlJslr We'll never &o be~ Io ~e to be done. ~d.'eve~ow ~uHcc~ "We I ye bi[city, and ~en. ~o men le~ to- Isolation. Thu'~ w~ ' we': 'Here In the 'Glades we lather for, Il,hisI ex~ ~dl-_l~' ~ can do whet we went-- ' ~lonendweheve~llsh 'y."~.'~.:, when we wint to do lt." ~h~ But hen~ln8 over the ~ez~ iyoex: /~ lo) ,us continues. "We done h,ve ~cor.~ay el ever)· hem In Re~I C'O~T RACTOR I:LECTRICAL C'O.%'T R ACTC)R · ADI)R~$S ~ PIKL~t. ~ __ ADDKESS PIIONE AR¢itITCC'T PLL/~III.~G ¢O.~TRACTOR o ~ A ('. ,v Mc¢hanKal ('smirk:tiff ADDRESS fllONE .a I OT IIL('X"g II~IT ~ ,, SUIDIVISION T,,fal S,I I'r¢! ~R~IN ~%~1. STA~flAR~ M,mmvm Yl~l Yard ~t Mm,mum Real Yard ~l lack M,mmvm Rtdc ~'ald ~1 ('cnlral Sc,,cl .~amc ~'cnlfal ~',~lcf .~am¢ V~cll Pcrmd .Nd Tank I'h,mb,nl: Slub ,Yet __.Yfl __ S4 ,r...l~s b, cle,- fin,sh flora f~md~ {'.si,mated C",w,I S Ll¢,,If,, ~1 Pc,md % __..~..,.~od~ 15mllhmc I'clm,I S ..... A C. I'¢l,ml $ .... .~,h'¢llam¢il I'¢lm,I S ............. ~ptic TJ~ S . ,,,...,,,::';',,L.,.,,,.. ~..,,.,.,,,,,.~,.~,¢;,.~,..,,..,,.,,.,_,,,,,, _.. o o _. ~ ! I AI'I'L. ICATION FOP. IUTI. DrNG f£lJ~lT COLL~I C'OV~TY. flat,J4 CoN"ri. AC"TGI ARC~UTtrCT A C'. M I, lecl~a,c jI Cm. Kt~ (LE'~ I IC41, COIfTI~.Cl'OI f11014 fllOH'E lOT II.(~K l~r'r SUIDIVt$10N - , Penn.( Il Iv,ld. Ahrt. RfpJ*t.kto,.¢.t:qU4ll * '~ ' '! ' ir'*l ~, - Ne, of S,4f Yi,dl ~f: I.It INSPECTION RECORD CARD ,,- ;'~ - 3:~5,t. ..... o~( .... Dc ....~.,../~.7:5 ....... 16-.4.9-.34 ........ C'O 1 .~ i'3':..~gU ~ T,~, . F.], a., ....... COb ? ~,,tc'r O~ ........................... .200./~p. Se~:'.,!:e ..................... IIOOTI~G FL TI( R. IrRAMI~G TUB SET P P~. T.E~ECT~ICA~ COLLIER COUNTY TEMPORARY USE PERMIT FOR ~~~ ~EP]'IC THIS 3%PPLICATION WILL ~OT BE REVIEWED WITHOUT AN 3%PPROPRIATE SITE PLAN PURPOSE:, t-i~_ ~ P. Pa~rnt ~'./g IO -ql LOCATION: ~l~ (~,V ~ ~5.~ DATE(S) OF OPERATION: APPLICANT'S NAME: (PROPERTY OWNER): 1 APPLICANT' S ADDRESS: PHONE: AGENT'S NAME & ADDP. ESS: ~.k; ~! APLe~ ZONING DESIGNATION OF THE SITE: PRESENT USE OF THE SITE:. JAN 2 0 1998 [G~JilnMnlJI Illallll $1llIo~ Gro:z~ I~i~tct~o~. Or.~.~r,,M _ :~/Z: . Iq. ~ ... - U'~ L;,,.~d ...... JAil 2, 0 1998 · ATTACHM~'T 4 comm. rec'd STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS [~,IIRCENCY M,A~NAC~ENT · HOU$1NC.. A."',IO CO,M,MUNIT'f D['VELOPMI.NT · If$OU~.Ce I%ANNINC AND M.M'~AC.t,M, ENT ./auu.~ry 9, 1996 I~'W'TON CHILES LIND,& I,O'OMIS SHELLLrY The Honorable Betty Matthew~ : Collier Couu[7 Board of Cou,~ty Com,~!~,ioaen ,..' 2300 Nord: Hor,~ahoe Ddv¢ ' Naples. FL 33942-6917 ' ·. ' '? Dear Commi~ioner Matthews: %'~::": ::' "' "" This letter is to request your assistance in resolving violadona of the CoLI. ier Building and HeaJth Department ~e with. ia thc Big Cypres.~ Ar~a of Cddcal State C~ncera which were previously reported reffarding the coa.structio- of approximately 32 housinI units without perm. its. Co,~,~kqoner Coustant.ine referred this matter to Code Eafort.~meat and Mi.'x¢ lCirby uotiZied the prope.'W owner,s to obta~ permits. Since then. 6 [ndividuais have applied to the State Boa~ of Adj~tment for varianc.~ to the setbacks required for septic tank drain, fiel~ from surface water, however none of the individuais have applied for perm. its from thc Health Depart,meat or the Building Depat%mcat. It il m.v u~derstauding that thc properW ow~en may I~ relue',ant to apply for ~c pc,~u duc to thc requirement to pa). impact fee~. I have hear~ it e:rpr~:r~ed that because the teai~eats live ia such a remote area, few, if a~y, ~Unrl ~ervicea are a,.'ailabl¢ to them. Tine Depanme=t's coucera, however, is from an eavitonme=tal pe.*spemive. AJmo~t without e~ceptio~, no drai. MScl~ have l~ea cia~t.~ctcd and thc $epta~e is {li$char~ng c[Lre~,ly to *.'etla.~ wiuhout t~eatment. I am a~.do~ to brin{ thL~ L~ue to closure and ~ul~ appre~.',te your ~on~ h {e:~{ ~e p~Fc~ ~e~ to ob~ pekin ~om ~e ~uu~ an~ ~c H~I~ Dcpa~cut by a ~tc ~ ~l~t of ~c sit~ ~U abo require ~ pe~ ~m ~ ~ of E~ee~, ~e Dep~eat of Ea~meuul ~tc~ou ~d thc Sure Board of Adj~enL The sites are located wi,h;n thc Co~er. Arizan~ land e=haa{¢ (List attachexO. When thc a~uhidou h fmalizeck any land which arc not ia mmp~xn~, with State ~d COun~ rej'ulatio~ a~ ~.ic~ a:e ~ot ~r~istcut wi~ thc Big Cypre~ Management lm~J$ mayl~ subject to r~utatio~ of~e Natio~.xl Pack Se:',4cr_ It is. therefore, in thc ow~cr~ beat appreciate a written real:,aase matter, ple. a~e telephone (941) P.l/pt 2 }' 4 0 C t N T t R V I I VV D R I V ! RC~ t~r~ ~ C~ Ca~ gxtl CC~CD~ 5'1 MEMORANDUM DATE .' TO: FROM: T~RU: SUBJECT: February 22, 1995 Commissioner Bettye J. Matthews, Chairman Board of cq~%y Commissioners Mike Kirby'~'Environmental Specialist II Code £nforcement~., Richard R. Clark, Acting Administrator Community Development Services Big Cypress National Preserve In response to your request for background information on the Big Cypress National Preserve issue and a request from Debbie Lee for you to do a site visit, I offer the following: On April 6, 1994, Rebecca Jetton of the Department of Co~nunity Affairs began a task force of the local health units, planning departments and code enforcement departments to begin investigating suspected violations within the Big Cypress National Preserve acquisition area. Ms. Jetton complained of approximately 30 homesites in Section 16 of the acquisition area. She complained of leaking septic tanks, unpermitted structures, dredge and fill violations in wetlands, and the lack of adequate solid waste disposal for the area. On September 21, 1994, a meeting was held with the Health Department, Department of Environmental Protection, Army Corps of Engineers, Department of Co.-am. unity Affairs, Collier County Code Enforcement, Planning Department and staff of the Big Cypress National Preserve. In that meeting, the Army Corps of Engineers and the Department of Environmental Protection stated that, since most of the clearing and filling in the wetlands occurred some years ago, their statute of limitations had run out and they would not be taking any enforcement action. The Big Cypress National Preserve staff, Code Enforcement, and MRS are coordinating an assessment and investigation of these problems. A synopsis of the conditions at Section 16 is as follows: 1) There are 23 different property owners with apparent building code violations. Of the 23 building code violations, 9 have environmental violations such as clearing, filling and excavating. residents admitted to dumping on but which they have clean up. There is a landfill on the adjacent section which many of the 3) There are 13 mobile homes, 10 of which are permitt~ which are not permittable. Ordinance 91-102, Sec. February 22, 1995 Page Two Memo/re: Big Cypress (attached) allows for single family dwellings which can include mobile homes (see attached definition of single family dwelling). If a mobile home was located on the same 3 acres as the single family home, the mobile home was considered unpermittable (Ord. 91-102, Sec. 2.2.17.4.5, copy attached) 4) There are 18 single family homes. All 18 are permittable. Ordinance 91-102, Sec. 2.2.17.2.1 allows for single family homes in this District. 5) There are 2 hunting camps for which permits are not needed. 6) There were some permits issued for electrical work and septic tanks. Only two building permits were found. Both were for mobile homes. Inspection reports or certificates of occupancy for the two mobile home permits were not found. 7) In order for the residents to keep their inholdings within the newly expanded Preserve, they must be in compliance with the local building and zoning codes. The residents need to repair any leaking septic and drainfield problems, obtain after-the-fact building and special.treatment permits for the buildings and structures that they intend to keep, and remove any structures, litter or junk that would constitute a county violation. Impact fees would not have been charged for any of the single family homes or mobile homes in this area since construction on all but 5 structures began before 1985, which was the date of the first impact fee ordinance (Ord. 85-55). The remaining 5 structures constructed after 1985 simply replaced existing structures which does not trigger the impact fee. The residents have hired Debbie Lee as their agent to represent them. Ms. Lee is requesting that a) after-the-fact fees be waived; b) impact fees be waived; and c) all permits be waived. Obviously, some of these matters (requests for special treatment permits, requests for waiver of fees/permits, etc.) will be heard by the BCC at some point in the future. If we can provide further information, please advise. /Jg xc: Bob Mulhere, Mgr., Planning and Technical Services JAN Z 0 1998 A~AC~ENT6 MEMORANDUM DATE: August 26, 1996 TO: Marjorie M. Student Assistant County A:torney /~ FROM: ~eidi F. Ashton, Assistant County Attorne SUB3£CT: Big Cypress Acquisi~ion Area You asked me to write this meuorandum as a follow up to your April 16, 1996, memorandum to Mike Kirby of Code Enforcement. As we previously discussed, the !ets in question are lccate~ in Township 49, Range 34, Section 16 a: the extreme eastern portion of Collier County. Structures were built on these lots in Z978. These structures ~ere illegally buil% ~ithou: obtaining building permits, under the then existing County ordinances. As we discussed, illegal structures are not exemp= from payment of lmpac= feesl Since the struc=ures in the B~g Cypress Preserve were constructed and not permitted as required by la~, the~;u structures are no= recognized as legal structures existin~ ~rior to the adoption cf impact fees. I agree ~ith your · %a~ement that lmpac: fee exemptions cr credit3 cannot be re=roac;lve!y .3uplJed to ~llegal structures. Therefore, impac~ fees for =he ~ig Cypress Preserve Area ~111 ke due at =hu time bui]iing permits ar~ ob:aimed. Also, please be a~are =hat owners cf ~!!egal structures who fail to ob=aim permits could be subject t: fanes and penalties under code enforcement actions. For your information, a 22, 1996, to Mr. Vincent Cautero regarding a similar issue is attached. Please questions. let ne kno~ if you have any other additional cc: David C. Weigel, County Attorney JAil 2 0 1991 MEMORANDUM TO: Mike Kirby Code En£orcement FROM:,.,...,~\~arjorie M. Student -W Assistant County Attorney DATE: April 16, 1996 RE: Big Cypress Acquisition Area RLS #CED 951004-0! Please be advised that pursuant to recent meetings that we have had and bascd upon thc in£ormation I have received to date. it is the opinion oF this office that thc rct'crcnccd owncrs of properties in the Big Cypress acquisition area are not vested. The case law of' this State requires that in order for an indMdual to rely upon thc representations of a local government offcial, said official must have the authority to make representation. Corona Properties of Florlda. In; ~'. ,%[¢:nro¢ C~:unry. 455 So.2d 1314 (Fla. Y'~ DCA 1986). There is no information provided to indicate that either ,Xlr. Oss or any County official had the authority to ad,4se any property owner that thc rcquircmcms of' the County Building Code or any other code were waived Additionally. wai'.'cr or ordinances in the past does not mean that they cannot be presently ent'orced .~,l, nroe C.'~,nr.r r. //t. mi.v£here £qM.,)' Rt'a/9',/nc.. 634 So.2d ?45 (Fla. 3a DCA 1994). I spoke with Ms Heldi Ashton. Assistant County Altomcy. regarding thc impact f'ccs and she advises me that they cannot be rctroacd,,'ely applied. In other words, only the impact kcs in effect when the improvements ,.,.'ere built are applicable and only at the then effective rate. I hope this information is of'assistance to you. Should you have any £urthcr questions or comments, please advise. MMS/mrb cc: David C. Weigel, County Attorney f.:~mm'.n~'mos'bi ~a,~.L irby d/S,U 2 0 1998 ATTACbD~ENT 7 COLLIER COUNTY GOVERNMENT COMMIJNITY DEVELO?MEhrr AND ENVIRONMENTAL SEP. VICES D1VI$ION 2800 N. HORSESHOE DRIVE NAPLES, FL 3~942 A CF. RTIFIED ~I.U~ OilP coMM%~'rrY August16,1996 Ms. Debi Lee 2605 S. University Drive #129 Davie, FL 33328 RE: Big Cypress Acquisition Area Dear Ms. Lee: I have reviewed the information you presented to me and spoken with Ed Perico, Building Review and Permitting Director, and Mike Kirby, Environmental Specialist Ii. Additionally, I have studied Marjorie Student's legal opinion with regard to the need for building permits and impact fee payment. In accordance with Ms. Student's legal opinion, the property owners cited by Code Enforcement are not vested and must secure building permits and pay impact fees, where applicable. Ed Perico and his senior staff are prepared to work closely with any property owner to explain the permit process. The Building Review and Permitl,ing Department will require that'as-built' drawings be submitted with the building permit application and that inspections be conducted. Mr. Perico is prepared to have his Chief Inspectors personally conduct the inspections. I can assure you that the Budding Review and Permi~ng Department is only interested in accumulating documents that are essential to complete the permit requirements. We have also been advised that building permit and impact fees are required. Staff does not have the power to waive these fees. If any property owner wishes to contest these fees, they are free to contact a County Commissioner and/or petition to appear on a County Commission Agenda. This latter option can be accomplished by writing to the County Manager's Office and asking to appear under 'Public Petitions'. I have ins~ucted the senior Code Enforcement staff to hold this case in abeyance until such time as the property owners can meet with Mr. Perico and/or petition the Board of County Commissioners. JAN 2 0 199~ Page Two 8/16/96 (D. Lee) Our intent is to wor~ with the property owners, not against them. I conveyed this message to Mrs. Henry when I spoke with her on August 14 (I returned your phone call recorded in my office on August 13 and she answered the telephone), along with the information presented in this letter. If I can provide any assistance to you, please do not hesitate to contact me. Your cooperation is greaUy appreciated. Sincerely, ~ Vincent A. Cautero Adminis~'ator VAC:jg xc: Commissioner Bettye Matthews W. Nell Don'ill, County Manager Mike McNees, Assistant County Manager Ed Perico, Director, Building Review & Permitting Linda Sullivan, Code Enforcement Director Marjorie Student. Assistant County Attorney Bill Bolgar, Code Enforcement Supervisor Ed Morad, Code Enforcement Supervisor Mike Kirby, Environmental Specialist !1 1998 ATTACH.'4ENT 8 Mr. Vinccn! A. Cautero Collier Count), Government Community Developmcm Servlc~ (CDS) RE: Bi~ Cypress Sanctuary Secgon 16 TWP 49 RGE 34 CoRi~' Counu Dem' Mr. Cau~'o. Scp~ber 17, 1996 .... t, CO~UON~ 9r-vi~-0''~''' ' I have recieved your letter dated Augus! 16, and as you suggested, I ~n requesting to ~ppeaz before the Board of County Commisioners (BCC) via the County Manager's Office. I would have done so much eazlier, but during prior negotiaiion~ with CDS staf'f, beginning in January of 1995. I was given to believe thai they would assume that responsibility. When I met with you on 7-29-96 1 briefly ouOined some of those negotiations, but now for the record. I would llke to formally express them in dc~l. Ja~. 12. 1995 was my first meeting with Richard clark, who at thai time was Director of Code Enforcement and acting in your pre~.m position. Also present were Dennis Mtzzone, Bob Mulhere and Bill Bolga.r. We cli. so.tssed in detail the dales of improvement installations and permit anempts, along with property tax records and zoning is.sues. BOb Mulhere was concerned with surveys and setbacks, to which I responded that a certified surveyor, acting on at personal level. had located comers of each 5 acre parcel and if necessary would provide am affidavit Listing affected parceb. Mr. Clazk was more concerned with safety and inspections. I offered that my clients would be willing to sign a release of liability, as mentioned by Ken Badke at the 12-3-94 on site meeting with residents, but he was stiLl concerned in regards to future u'gnsfer of ownership. AdditionalJy. I presented copies of 6 permits that I had found to be issued in section 16 in 1976 and 1980. htr. Clark expr,,~.sed famili~,,-ity with my explanations of why the property owners had not obtained permits and was fully in favor of accountability by the present a~rninLstration for historical non- fea~ance by CoRier County Build~g authorities. He was anxiou~ lo resolve my clients' dilemma and suggested that I prepare a detailed nam. tire for use in presenting the ca~e to BCC. He further requested that I choose a few simple, representative parcels for the pre. sent~ion, so that a process could be determined for administrative handling. Feb. 9. 1995 1 met with Mike Kirby to help clarify parcel owners and to more accurately determine ST violations. He defined and proposed solutions to liner and upon conclusion, sugge.sted I make personal contact with the area's commisioner. Feb. 27.1995 1 met with Mike Kirby. Bob Mulhere and Dennis Mazz~ne. I provided them my narrative titled "Big Cypress'. along with seven client statements. Mike gave me a copy of his 2-22-95 memo to Commisioner Bettye Matthews which was in response to my contact. We further discussed survey data and release waivers. PermitabLlity of aH structm'es other than hunting camps and storage mobile homes was acknowledged. Bob Mulhere affirmed Mr. Ciaxk's directive, that he and Mike Kirby prepare a generalized executive summary for presentation lo BCC. addressLng a.s.sociated issues in such a way, as to gllow administrative proce,~ing o! "after the fact' certificate, s of occupancy for each p~rcel. 1998 March 15. 1995 Meeting once again with Richard Clark and Mike Kirby. specifics were discussed in relation to waste disposd and land use. I explained the residents' past and upcoming salvage efforts, including their pa.rl in placing items in the section 9 "junkyard" which was established in the 1960's. (Two salvage operations with on site compax:tors have been conducted with the junkyard condition gre.~dy improved. Section 16 residents no longer use the junkyard.) Mike stated that he had issued an appropriate notice to the property's owner. Mr. Clark instructed Mr. Kirby to investigate possibilities for the provision of disposal services for the area. We further discussed drahiag of a zoning overlay in regards to on site storage of the various vehicles, equipment and pans nece.~i~ted by the agricultural, sell' service nature of the community. This di.scussion included storage mobile homes. Mr. Clark said that I would need to clarify justification in order for BCC to approve. At this time it was definitively stated that there would be no impact fees, which was in agreement with Mike Kirby's memo to Bert'ye Manhews. Although, I do point out my awareness that the newest residents, the Kenneys. who had originally installed their mobile home in 1993. were still subject to a BCC determination on impact fees and zoning. I was still trying for the acceptance ct a "hold harmless* waiver releasing the county of any construction lia,bility and offered a~chment of same to deed. but Mr. Clark did not concur. He wanted "as built" plans and final inspections for the "after the fact' permits and subsequent certificates of occup~cy. Issues needing to be addressed by BCC would be: approval of permit requirements and a.s.sociated fees, along with zoning overlay concerns. March 31.1995 Mike Kirby. in his office, suggested that I ask BCC for waiver of all 'after the fact" certificates of occupancy because of h'npossibility to integrally inspect f'mlshed structures. Further. that I request pe, n'ni~ion from the Big Cypress National Preserve (BCNT) to build storage strucn,tres. He. along with Bob Mulhere. felt that I should specifically identify the Kenneys and ask for legal noncorfforming use. These suggestions were made in such a way that I felt it necessax7 to cord'u'm the~ intent to prepare the summary for BCC and did. The point, they said was that theLr recommendations might not be as favorable for my clients as mine. April 12.1995 was my last contact with Richard Clark. when he authorized temporary permits with no fee. in order for HRS septic system applications to be processed. We a. ltered existing forms and used .Mike Kirby's case numbers as permit numbers. Albeit unor,.hodox, it was a prompt and effective solution to a problem. I was occupied with septic systems and a vacation through the f'u'st week in May. On May 9. 1995 I met again with Mike Kirby. who was then acting in a temporary supervisory position, to see how it was going. Nothing had been done since my last visit, but he affu'med that the 'ball" was still in his "court". I was aware that Mr. Clark was gone and that department operations were in turmoil. I expressed understanding. I was not in a hurry ii' he wasn't, as I s611 had septic and fitter concerns to adctre,s,s. I offered to be of any service that I could in helping to prepare the case for presentation to BCC. I telephoned and stopped by Mike's office several times throughout the nexl three months to keep him apprised of my efforts. His handling of the situation remained at a standstill. JAil 0 1998 At our meeting's end. I asked that you do what you could to re~olve this in a fair manner. Providing "as-built' drawings and ~ubmiuing Io £mal inspections could be agreed lo as fair. Some token amount such as the thirty-six dollar per trade inspection fee presently in effecL would also be fab'. Crhe 1980 fee for permiu ksued was $40 all told.) L'npact fees that dlch~'t exist when the homes were built, for an area that doesn't have and/or m~e use of as.socia2d services and provisions, are not fair. I hope that BCC decides to recosnize my cliets' hom~ in 'after the fact" permillLn8 as existing, when lhey were actually built, and in doin8 so, eliminate as impact fee requirement. S~nce~ely, I~bi K. L~_ JRN 2 0 1998 JAW ?, 0 1998 uJ JAil 2 0 1998 EXHIBIT 1: Debi Lee's Big Cypress Sanctuary Response JAil ~, 0 1998 BIG CYPRESS SANCTUARY RESIDENT RESPONSE TO CDS EXECUFIVE SUMMARY CONCERNING PARCELS IN SECTION 16 TWP 49 RGE 34 OF COLLIER COUNTY, FLORIDA RESULTING FROM NOV. 19, 1996 PUBLIC PETITION. Ten families owning 21 parcels of land (enclosure A) being held in violation for improvements request that the Board of County Commissioners consider the following towards determination: I) ...that absence of building permits and/or inspections throughout entire L-28 access canal area is due primarily to nonfeasance by Collier County building representatives, in that access was difficult and development was minimal, during a time when building concerns were closely associated with tax revenue production. Public officials acting in positions of authority should be able to be relied upon. [Information provided in enclosures B (Big Cypress Summary). and C (Glades Electric Pkg.) will be attested to by individual accounts.] 2) ... that Big Cypress National Preserve "addition" area, of which Big Cypress Sanctuary is part, was not proposed by the Governor for acquisition until 1984 and was not approved by Congress until 1-25-88 (Public Law 100-301). Further, that law empowering Collier County to overlay the area's A-I zoning with ACSC/ST was not enacted until '/-27-89 (date per Kimberly Polen). Related charges reflected in the executive summary were based on Mike Kirby's assumption of a 1982 date for ST overlay, for which he chose the 1984 aerial as means of determination. Research has yet to yield evidence supporting the 1982 date. If the 1989 date is correct then only one parcel, 1.11 should in any way be subject. (enclosure D ). 3) ... that Florida Statutes Chapter 95 defines a 4 year limit of action by government agencies in regards to statutory liability. This was slanc¢ taken by various other affected agencies on 9-21-94 (enclosure E), excepting that HRS issued violations where public health and safety were at risk. Failare to obtain building permits and zoning ordinance violations constitute misdemeanors with I or 2 year limits of action. Living in a non-permitled home is not of itself a violation and final appeal to Code Enforcement actions as being conducted according to Chapter 162 would most probably result in judgment reflecting the above mentioned time limits. Residents wanted their homes to be validated and had no desire to become entangled in a legal battle which could, in the end leave the more recent additions, repairs and alterations still subject to charges (although, Chapter 553.8 gives Code Enforcement some powers of exemption to owner-builders in this regard). - I JAN 2 0 1991t 4) ...that despite implications of non-attempted compliance, every effort was made to collectively address all violations in order to expedite and simplify resolution for all parties involved. There was immediate response to August 1994 letters and to October 28, 1994 Notices of Violation ... and much confusion .... which led to a December 3'a meeting with staff, property owners and myself. Nine days later, Dec. 12, 1994, Mr. Richard Clark, Code Enforcement Director and Acting Administrator, waived penalties which were at that time only 2X permit fees, and extended compliance to 2-28-95. (enclosure E) By 2-22-95 Code Enforcement determination was that impact fees were not applicable (CDS attachment 5 pg. 2). In only 12 weeks from my initial involvement on behalf of property owners, and with complete cooperation towards claHficatlon, correction and inclusions, major monetary concerns had been resolved at staff level and a plan of action for presentation to BCC had been formulated, to which Mr., Clark had directed an executive summary to be prepared. My 9-17-96 letter to Mr. Cautero (CDS attachment 8) details the continuing saga through to the issuance of 8-26-96 legal opinion which revised 4-16-96 legal opinion as to allow the request of present-day impact fees (both as CDS attachment 6). Compliance was delayed by absence of action or determination by CDS for more than 12 months (April 95 through May 96). Various attempts to permit accessory structures and repairs, and to address land alterations, were not allowed in that issues of primary structure must be resolved first. Response to 2'~ Notices of Violation received in July 1996 met with compliance demands as described in Mr. Cautero's 8-16-96 letter to mc (CDS attachment 7). Some residents were told that moneys could be refunded later and some were told that loans from Housing and Urban Development might be available. Payment of present-day fees to validate homes initially constructed or installed between the years 1978 and 1985 was not a viable solution and led to the 11-19-96 Public Petition to BCC. We have now been waiting for resolution for more than 3 years. In light of all circumstances; and of time and energy consumed in this matter, I find the present recommendation by CDS to be extremely inappropriate. Such a recommendation could only be conceivable if negligence was purposefully intended. Use of enforcement authority granted by Florida Statute Chapter 162 seems better suited to situations of more recent occurrence and suggestions of present LDC compliance defy logic in that development occurred long before enactment of LDC. If this recommendation is upheld, Big Cypress Sanctuary property owners will be left no recourse but to sell to the Federal government or to allow the matter to proceed to higher authorities. JAil 0 1998 ) SPECIFIC RESPONSE TO BCNP CONCERNS WITH IN-HOLDINGS AS THEY PERTAIN TO BIG CYPRESS SANCTUARY I) SEWAGE DISPOSAL ... Primary concern of both BCNP and DCA ... I conveyed necessity of completing septic systems lo owners of parcels g4, $/9 and #6, and upon expiration of their permits suggested that they sell their properties to BCNP, as did another. The 6 completed systems had valid permits issued on 5-9-95 and on 8-11- 95 ( Ms. Jetton's 1-9-96 letter was in error - CDS attachment 4) and are legal for operation according to HRS representative Patrick Noble. Ali other systems were inspected and approved in accordance with directives of his superior at the time, Mr. Barton Bibler. Temporary use permits for septics were not issued on the basis of non- operation until building permits were issued. They really only served through initial variance proceedings because after Mr. Clark left in April 95, HRS received no further cooperation from CDS and issued their own permit numbers. (see enclosure F ) 2) FILL IN WETLANDS was not pursued as per the'9-21-94 meeting with all affected agencies citing statutes of limitation ( enclosure E), especially in that majority o1' land alteration was done between 1980 and 1984. Wetland permits and exemptions were obtained from appropriate agencies for the 1996 septic system installations, excepting we were not allowed to pursue ACSC/ST exceptions at the local level. 3) LITTER AND WASTE DISPOSAL has been and continues to be addressed by residents (enclosure G) yet it seems there has been no research of disposal possibilities as directed by Mr. Clark on 3-15-95 (CDS attachment 8). 4) BUILDING SAFETY - From the onset, residents have offered a release of liability to be attached to their deeds. Their homes have been proven safe over time and Collier County could not be held liable in any case according to LDC disclaimer statement. It would be impossible to integrally inspect finished structures and although Florida Statutes Chapter 933.21 protects owner occupied family residences from forced inspections, residents have been agreeable to minimal inspections in regard to life safety and fire hazards as first suggested by CDS staffat 12-3-94 on-site meeting. 5) LACK OF COORDINATION - This problem dates back to 1974 when BCNP was originally established. I add only that a residential dwelling and associated su'uctures need not to have been constructed in accordance w~th all applicable federal, state and local regulations in order to obtain exemption status from BCNP (Public Law 93-440 modified by 100-301 for the "addition") despite CDS representations. Many exempted improvements in the original preserve did not have building or land use permits and at least one Section 16 parcel has already qualified for exemption status. JAil 2 0 CONCERNS WITH CDS EXECUTIVE SUMMARY AND ATTACHMENTS After waiting for more than 9 months, I had only 4 business days before scheduled hearing to review the summary and replace Nov. 19'h submittals which had been discarded. I found the summary to contain numerous errors, omissions and inconsistencies, in addition to introducing new issues and was not able to schedule time with Ms. Polen to address them until Friday afternoon, August 29'h, I therefore requested postponement. I have since been detained in the Bahamas until Sept. 21" and cannot further address them with her, so have listed corrections and concerns not already presented in this response, below for the record: 1) Commissioner Matthews did not request site visits. 2) Memo described as Mr. Kirby's response to County Attorney's and Planning Officials is absent. 3) TAX RECORDS - Nine out of ten family groups have at least one improvement noted on property record cards dating to 1984 ( see enclosure B page 3-4 ). At'least 3 have homestead exemptions, with parcel !.17 dating to 1985. 4) In regards to PERMITS, I apologize for not finding inspection records in that I'd been told that they were unavailable for 1980. I followed Ms. Polen's course and found inspection record for parcel 10, permit #80-2753 (enclosure H). I am not sure if the house described is Mr. Looney's home on parcel 29.1 or the house built by Jesse Seals on parcel I0 which burnt down in late 1981 or early 1982 before completion, but it does lend credibility to the association of building concerns with tax revenues and to the authority presumed by Building Officials at the time. As to the assumptions of cancellation of permits for parcels 1.17, 1.3 and 1.6, there is no date or reason specified. The only impression is that ali three were written off at the same time by the same person, which could easily have been when Mr. Tillis decided not to do inspections. There is no Certificate of Occupancy for McCulloch's parcel 19 electrical permit, only a final inspection notation. Mr. Looney's original camp and the present homesite of his daughter (Gillis) received electric service at the same time as the McCulloch parcel, yet no similar records can be found. (enclosure B page 1-2) 5) Despite County utility provisions dating to 1977, the fact that Glades Electric provided service without COs to the L-28 access canal area, yet required such from all other service areas, still stands (enclosure C). FISCAL IMPACTS - (CDS attachment 9) - These estimates, in addition to 1: for previously waived penalties and non-retroactive impact fees, include pre fees for septics, wells, complete inspections and plan reviews, "as-built" sent-day esJ N 2 0 1998 6) 7) (Note there were no well permit #'s or ices listed on the issued MH permits and the septic fees were only 15.00) GROWTH MANAGEMENT IMPACT - This is first mention of need to prove legal access. At this time I'm aware that Florida Statutes Chapter 704 grants statutory way of necessity and that BCNP has issued access permits. Upon review of a CDS "Rural Subdivision Release and Waiver Agreement" which becomes necessary when applying for a building permit, I can't but expect this issue to be another time consuming effort towards resolution. Also note that 7 access descriptions arc in error in attachment 10. TEMPORARY USE PERMITTING OF MOBILE HOMES - (another new issue) usually applies to labor housing in regards to bonafide agricultural use, needing continued renewal OR to use as a temporary residence while constructing a house, neither of which is appropriate for MH residences in Big Cypress Sanctuary. Permits issued in 1980 were under 1973 Zoning Ordinance in effect until 1982. (Ordinance copies and definitions &dwellings provided by Mike Kirby as enclosure I). Other errors exist within individual accounts (CDS attachments 2, 3a - 3p, 9 & 10 ) such as ownership and building dates, CE case histories, ACSC/ST violation determinations, etc., of which some may need further addressmcnt dependent upon BCC determination. REQUEST FOR DETERMINATION BY BCC Assuming that it is within your power, Big Cypress Sanctuary residents respectfully request the following: 1) that process to establish legal access be of simple nature to include recognition of exi~ing access as logging roads dating to at least the early 1960's, in use and maintained by residents since 1974. 2) that ali dwellings, associated structures and site alterations be accorded designation as legal non-conforming. 3) that inspections and plan submittals be minimal and of absolute necessity. 4) that there be no penalties involved in attempting compliance and that any fees and requirements be of a retroactive nature or some fair equivalent, specifically defined toward administration. There has never been any intent of negligence or malice and resi~ validation of their homes in whatever manner can be most easily ac especially in respect to future compliance possibilities. :omphs~ In view of your reluctance to make a collective determination in regards to resident claims of nonfeasance by Collier County Building Officials, I ask that any final precedential decisions be withheld until such time that all individual accounts can be heard and assimilated towards recognition of such. Due to time coeaideration~ expre.~ed by the Chairman via the County Administrator's Office, I have divided properties into 3 groups of 7 chronological presentations as follows: Looney 29.1 Rossi 1.6 Shirley 1.8 McCulloch 19 " 1.4 " 25 " 15 " 21 Simone 1.2 Gl l lis 1.14 Humphrey 1.3 Penski I. 12 Henry 1.17 Hassenplug 1.I 5 Stephans 2 " 1.11 " 23 " .6 " 16 Teufel 1.16 Viiberg 10 In that residents are anxious for resolution, we would appreciate any suggestions or recommendations that you may have towards a specific understanding of future proceedings and expectations. THANK - YOU JAN 2 0 1 98 ............. ,,~omg...~.~.~ra,~ J~.J,/._. ,~. ~.Ab_ EL.EC. TR~C.. .............. -- .... g I,"d. Z.H F--y. CON. VF-R T'E.D, o R:¢ u,~A L. ~:'L FI~O...-~TO RA C', f _"t'H~: TNE,,IR,~ I:At~1'f'f~V. I$O~ D(ER~:~H --F-RICH~S OF F41:I. LOONgy ~' ~I:~.bAJA.~HT.F_.R$.:T. Iv~OVE,b ...... Mo~ WAS ~mP~, M.H. · ~bY RICHARbSo~ - IN IqGS ~H: ~VED H~R ~. - -~. tSS~D .~AY I~.~ JAN 2 0 1998 7 ~ ~,TAT'~[./~T' 5 .............. L ~E.~..^i,J p/2,E.~EJ~[.~' HOME. Iq6B .~0~.B~T-~.R~b.WITH ~.H. - ~ERNtr ...... ~0-Z~55 tsS~b T~ Roy ~oNCY.=~ [L~IC ~ERVI~S_INST~E~t~.-SA~ ~RS - ~o~ ~FEL.._t0tO .~I~ER ~b .. ~R, TE~E~ RESID~b ~/ T~E ~ILLER5 FoR LI,.t~ ..... ~oo~ ~ o ~ A ~o' M.~. oN PARCEL ~EEb~b ..) ,..'~ , ? iF, Get:) I · CL:,,) i X,,,,,~ I eSL ~LOG'. 'lb JA~ 2 0 1998 Pg. ~ ~ T. 49 S.- BIG CYPRESS Section 16 Township 49 Range 34 Collier Count),, Florida I have been hired by 20 property owners i~rt'gards to 30 parcels of land located as said above, to address alleged violations regarding illegal installation of improvements without building permits, and alteration of their land since 1982 without Special Treatmint permits or exemptions. The following is my view and explanation ofl. heir situation as best I've been able to determine by in-depth interviews and research. M)~ clients are as legal as {:ircumstances have allowed them to be. Their homes and properties and as much oftheir traditional lifestyle as possible, should be . 'grandfathered' in as lc,esl non-conformin$ situations without penalties or impact fees. Over the hit two decades they have etched their lives into this land and deserve equivalent considerations as those given to protect and preserve the natural environment. History of Events Upon the earliest arrivals of the present residents this land was already cattle country, criss-crossed with logging trails. Far removed fi.om the beginnings of developmental policies in coastal areas, it was self-governed by the 'good ole boy' network. The establishment ofvarious hunting camps invited policing by Fish & Game Wardens, but other than that, this was a forgotten land in regards to review by government agencies. Sometime in the mid 70's, several of the rancher families out of Hendry County got together to form an electric cooperative and in 1976 agreed to provide service to several property .owners along the NE corner of Section 16. These first services included a sawmill and grove operation, along with several camps. _On/an. 17, 1995, I personally interviewed Mr. Joe P. Brown. He, along with McCulloch, .Looney and Stokes were the first recipients of electric service in the area. Mr. Brown recalled that during discussions with Glades Co-op, the need for permits was addressed. He went to Pat Tillis at the Building Department in Immokalee and purchased the first permits for the area. He did not have copies of. the permits but provided me with an affidavit from his electrician stating that both his electric and septic had been inspected and approved by Mr. Tillis in 1977. Research found record of an electric permit issued in his name for a pump, #76-3143, with no evidence of inspection. I also found an electric permit issued to Leonard McCullock, #76-3251~ again with no evidence of inspection. Mr. Looney was also supposed to have been issued a permit as, I assume, was Mr. Stokes. Although, I could not locate either. The confusion may be explained by the following information. On .Jan. 28, 1995, I personally interviewed Mr. Lawrence Ford, who was the construction _en~neer for Glades Electric Co-op from 1976-1986. His recollection was that both, himself'and _his predecessor, Ronnie Morris had contacted the Building Department in Immokalee in regards to obtaining inspections in order to provide electric service to several areas along L-2S canal in1976 After several discussions, they were told that Glades could conduct their own electrical inspections at their discretion~ the philosophy being that these remote areas did not produce enough revenue to offset the expense of providing standard permit md inspection services. .) .In 1979, ~'h'. Looney who had owned all of Section 16 since 1964, had his lawyer and a .survey company address his property as a rural subdivision of a;~ficulturally zoned land and created 128 five-acre tracts, which he then beqan tO impart mostly tO friends and f'amilv. Several of'the newcomers had helped Mr. Looney to build his house that year and their intentions were to build their own homes and settle down away from city life. Once again the idea of obtaining building permits was addressed. Being familiar with standards for construction in the city, several of the soon to be residents knew permits were the firs~ step in any building process. They heard that Joe Brown had been the one to get the earlier permits and prevailed upon him to try and obtain permits for them before they moved out. In May 1980; the Henry, Rossi and Humphrey families save _Mr. Brown their $40,~ and. he in..ru.__m went to Mr. Til. lJs and Sot them mobile home and septic permits. To use Mr. Brown's words, he .told Pat, "they'~e real nice people and he ought to help them out." The issued permits, (#80-2167, :2168, 2169)~ were 'guesstimated' and did not accurately describe the intended situation as temporary while building homes, and may even be said to evidence traditional 'good ole boy' politics. Two of'these permits were supposed to have received inspections, but once again records showed none. The next priority was extension of'electricity to service their interior parcels. Negotiations w. ere be~n with Mr. Ford at Glades Electric and deposits began to be paid in July. It seems at_ this time, realizing that a residential neig.hborhood was being created, it was Mr. Ford's own concerns for health and safety that prompted the firs~ real septic considerations. He took it upon himself to instruct the proposed consumers to build a proper septic system for their structures. Becoming aware of Mr. Ford's request for a proper septic and u. pon heating of'Mr. Brown's success in obtaining permits, several others decided that they too~ wanted to be legal and get sevtic permits of their own. Mr. Looney, (for his existing residence) and his son-in-law,, David Gillis, (for his home in progress) gave their $10.00 fee to Joe Brown to take up to Mr. .Tillis. Also at this time, Mr. David Miller sent his $10.00 fee up, via a friend by the name of C-uylas, for his already installed mobile home. Mr. Tillis actually visited these sites and nailed the permits u.E him.__.Js.el_r,_.al_thq.ugh I can find no record of'them I am unsure as to whether this visit and that for inspections of Rossi and Humphrey were made on the same day, but I feel it safe to say that there were no more to the area. Mr. Brown told me, that he prell), much, "had to drag Pat. out there." JAN 2 0 1998. I found only one other permit~ issued to Roy Loone~¥ on June 27 for a mobile home and septic on the parcel now occupied by the Vilbergs, #80-2753. It was obtained by Jesse Seals who resided on the property at the time. A few days later, the Hassenplugs called to get one for their mobile home and were refused. Mr. Tillis told them he wasn't coming out here anymore and to just "build to code". He also may have refused inspections for some ofthe issued permits, and Certificates of Occupancy were never issued for any. Glades conducted their own inspections and verified septic systems for these first connections in September of 1980. Mr. Ford is aware that some permits were issued~ ye,, the procedure established by Glades Electric through their earlier contacts with Mr. Tillis, which was reaffirmed at some time during _i~s period, rendered these unnecessary for installation of electricity. This policy continued throughout Mr. 'i:ord's employment at Glades and was not q~estioned a..gain unti! his replacement by Mr, Bruce Taylor in 1986. The 'No Permit' policy was verified again in late 1980 by Leonard McCulloch and Thomas Teufel when they visited the Immokalee Building and Zoning official at the Sheriffs substation in regards to buildin~ their homes. Over the next few years, a few other properties were bought and sealed, mostly by existing owners and their families, who knew that they would not be issued permits. Some still tried though, the Hassenplugs called Immokalee Building Department again in late 1983 about building a house for her father to live in and the story was the same as before. In 1985 and again in 1986~ newcomers~ the Brainards~ made phone calls to Naples Building .Department and it seems as if "no inspections" still equated to "no permits". There are also two of the early settlers whom I've not yet been able to contact that may have tales to tell of permit attempts. In 1982, Judy Richardson built a home on a parcel now owned by the Henrys. She too, had inquired about permits from the Immokalee Building Department and was given the standard instructions to "build to code" without a permit. In March of 1984, she invited the tax appraisers out to her house in order to obtain a homestead exemption. They came and then extended their · visit to include homes built by Hera'y, Rossi, Gillis, Teufel, McCulloch and Anthony, (now owned by Simone) along with mobile homes belonging to Humphrey, Hassenplug, McCulloch, and Smothers (now owned by Rossi). Their record, lng of structures included some inaccuracies and absences. Some could have been due to locked gates, and some structures may have been judged as hunting camps, which have been considered to have no value by their office since at least 1967. The existing home on Mr. Miller's parcel was recorded as a mobile home and the Meadow's house, (now Miller) was not Listed. Nor was the Heberling cabin, (now K. Higgenbotharn), Mr. Looney's home, or the mobile home belonging to his daughter (Penski). Hensleys (now Stephans) two properties, a cabin and a mobile home with an addition were also missed. Durin~ this two-day exploratory visit, several residents, when asked about building permits~ explained their situations and were told that bein,g_ placed on the tax rolls would serve to 'grandfather' them in. One pr/or visit in April of 1983 was made to the Seal's (now Vilberg) prop JAN 2 0 1998 by request in regards to the destruction of'an unfinished residence by fire. Their permitted mobile home was recorded along with the barn that was then remodeled into the present home. It is interesting to note at this point, that all ofthe other structures existing here in Section 16 at that time were given no consideration. Also, the Seal's property was not included in the 1984 visit, which would have shown the remodeling ofthe barn. In .lanuary 1985, Ms. Richardson then had her home removed~ literally, and neither the mobile home replacement or the cabin built by Daniel Pope were ever placed on the rolls. Two other visits occurred in response to resident requests. The Hassenplug's house was measured in December of 1985 and the Humphrey's qompleted home in June of 1987. The only other visits made to the area by the tax appraisers ot~ce were to update the completion percentages of 3 homes located at the most easily accessible area, the entranc~ to the section. McCulloch's home was listed at 50 % in 1988 and scheduled for a next year recheck that didn't occur until 1993, at which time it was put on the rolls at full value along with the Gillis home. An attempted visit to Thomas Teufel's home occurred in December of 1994 as a recheck scheduled when he visited their Naples office in 1993. The road was "under water" and his home was put on the rolls at 85% based on a passing neighbor's 'guesstimate'. Throughout this ten year hirtory, none of the other additions to the neighborhood were taken into account. These additions were all beyond the first I000 feet into the section. As I mentioned previously, .the 'no permit' policy was questioned again by Glades Electric's present engineer, Bruce Taylor when the extension o£electricity down Otter Creek Road was proposed. In resards to this service, Tom Shirley, who had placed his mobile home in 1984, .decided he was going to Naples to. get a permit. He went to the Building Department, explained his situation and filled out an application for an addition to his mobile home and installation ora septic system..He paid his $70.00, had his application approved by the Health ,Department. and then proceeded to be "talked out" of'his permiL He was convinced that because there would be no inspections, that he was wasting his money. He was given back his money and no permit number was ever assigned. At about the same time., the VLlbergs, who were planning to set up a mobile home similar to Mr. Shirley's, .hi~d also called the Building Dep .artment.only to receive an additional confirmation that, 'no inspections = no need for permits'. They got as far as di__eging_ a pond and then altered their plans. They decided to install a plant nursery instead and went to Naples in 1989 and obtained an occupancy license. This plan was then interrupted by illness. When yerifving zoning for the license, no mention of Special Treatment was made, fNor was it introduced when the Henrys got their license for a tree farrrg as compared to a nursery, in 1984) From my own personal experience in 1989 with other areas so designated, I assume that inaccurate mapping did not reveal this information. Although certain areas were overlaid S.T. by ordinance in 1982, they did not show on zoning maps until 1990 or 1991. On Dee. 7,1994 I telephoned Glades EIectricCo-op and spoke with Bruce Taylor. His experience confirmed the 'no permit' policy as described to me by my clients and Mr. Ford. When JAN 2 0 1998 preparing to ex'lend service as stated above, he had been told by his potential customers that they could not get permits or inspections. He called CoLLier County Building and Zoning in Naples to verify this and was told, that being aware of national electrical safety codes, Glades could do their ov.'n inspections. He was dso told to instruct the customer to use an "up to code" septic tank, not metal drums. He agreed to continue the policy as established by his predecessors, but upon my recent notification of the present situation, the practice was halted. In 1989, after hearing through various channels that their properties had been included in the additional acquisition proposal by Big Cypress National Preserve, the owners became aware that certain traditional activities such as digging new ponds for fill, were no longer acceptable practice. There was little resistance to this idea, as most were already comfortably established, although the proposal did cause some concerns,in regards lc; protectinRJheir properties from .acquisition. They had learned to accept the idea that electrical service constituted a replacement for Certificate of Occupancy and began to wonder if BCNP would. Early in 1991, as a ten year eft'ort to get telephone s~rvice was nearing culmination, proposed consumers had been asked to insure exemption availability. The BCN'P response left them feeling secure, especially with the inclusion of page 1.7 ofthelr Land Protection Plan which states an awareness of non-enforcement of county building and zoning re~lations. So.me property owners were not involved in these transactions. Later in 1991, the Stephans) who had purchased a Hensley parcel, felt the need to further verify exemption availability and how it would apply to new owners. They made various contacts to associated agencies for their own assurance. They also visited the Collier County Courthouse l~.eeords Department and the Tax Appraisers Office, where they asked about any possible restrictions on their land. Neither directed them to Development Services, where their questions could have possibly been answered. The information obtained, added to that of their neighbor's experiences, (verified by a telephone conversation with Glades Electric) allowed them to feel secure in razing and replacing the existing structure. Though the details of the above mentioned transactions did not reach everyone, news ora _neighborhood visit by a Collier County Code Enforcement Officer in 1992 did. The relayed fact that he seemed to be aware of the neighborhood's situation and the absence of action following his visit, restored the re, maining owner's sense of security. Visits by various other county o~cials throughout the years had always lef~ the property owners feeling assured of their fight to be there. There were no new installations ofresldences until 1993 when the Kenneys placed a .mobile home on one of the Hassenplug parcels as a temporary measure until they could complete purchase of their own parcel..There had been however, several relocations and replacements prior to the Stephans, without permit attempts. The Kermeys did try though, before placing their mobile home, they called the Development Services several times in July and August of that year. Their inquiries were met with conf-dsion, ~;OnfmLnation of no inspections, and finally a directive in regards to properly tying-down their mobile home according to the new, more stringent codes which follow, e.d. Hurricane Andrew. JAN 0 1998! And now we come closer to the present. In the spring of 1993) a helicopter carryin~ BCN'P, Tom Monterastelli and Collier County, Mike Kirby, landed in Mr. Teufers yard. I understand this to be part of the first attempts by BC~P to have Collier County address suspected violations in the area. On several occasions following, BCNP's, Kevin Kacer and Patrick Kenny were seen trespassing w~thin the section on foot. This may have been in response to requests by CoLlier County to ident~ the suspected violations. In early 1994, another helicopter landing occurred in Mr. Miller's pasture. On board were BCNP, Kevin Ka~er and CoUier County, Mike Kirby. Letters Lr~'ormin,~ owners ofinvestlRations were sent in August 1994 by l~ke Kirby and Hotices-of-Violafions were mailed in Oaober. Owners responded to these intrusions and allegations in assorted ways, with feelings ranging from distress and confusion to anger and indignatiofi. Some called and/or vis,ted Development Se~ces and some contacted BCN'P. Barbara Henry called Commissioner's offices and only TLm Constantine returned her ca~l. Ho one seemed sure of how th~s situation would, or could be resolved. On December 3~ 1994) I anended a meeting ofthe owners addressed by Collier County's, IVfike I~irby and Ken Badke~ in an attempt to clarify the requirements to become legal. County Manager, Neil Dorill had been notified and his presence requested. He did not come ho.wever, nor did he ever reply to Kathy Manseau's letter, dated Nov. 21, 1994. Past and present regulations were discussed as pertaining to dates of structure installations and Continued use of property. Ho one had been aware that their Agricultural zoning had been changed to Conservation in October of' 1991, or of the taking o£90% oftheir traditional use by the A.C.S.C. overlay, as added to the Special Treatment overlay of 1982. I later explained these designations in detail to an incredulous audience. Probable handling of inspections as primarily health and safety issues, and the possibility of extending the Dec. 2gth time limit given in the Notices-of-Violation were also discussed. The off'erings of Mr. Kirby and Mr. Badke, to try to handle the situation in a fair and simplified manner · were limited by legalities and position, yet seemed to create some sense of ease, except where fees were concerned. The idea of thousands of dollars in impact fees for services never received and penalties imposed for building without permits that have been historically refi~sed~ obviously were not met with enthusiasm. On Dec. 9, i994, I was verbally informed by Mike Kirby that after-the-fact fees had been waived by Dick Clark and a 60-day ex'tension had been given, but that other issues such ~ impact _fees, needed to be addressed by the Board of Coun~ Commissioners. I have spent the given timeresearching and validating property owner's statements in regards to dates and permit attempts fortheir structures and site alterations, while at the same time addressing other associated concerns. Throughout, I have been working with various representatives of Development Services and on F. eb... 8, 1995 provided a simplified outline of the history and concerns ofproperty ~wners in Section 16, along with dates and information in regards to permitting for each individual parcel. This statement is to serve as a corrective and more formal accounting of the events leading to the present situation and to address specific issues. JAN 2 0 1998 Conclusions and ~roposals It is my understanding that investigations by Collier County and the Florida Department of Health and Rehabilitative Services were prompted by BCNT and its associate, Florida Department of Community Affairs Validation or elimination of improvements will allow them to accurately iletermine exemption possibilities,, so that they may proceed with proposed acquisition of land for the BCNP addition with ease. Their specific complaints have been primarily in response to environmental concerns as follows: WATER QUALITY - as pertaining to inadequate sanitary facilities. HRS has issued 7 violations which I attempted to ad'dress immediately as repairs. My efforts were delayed by legal concerns. I-IRS director, Mr. Ban Bibler suggested that I contact the Florida Department of Environmental Protection in order to determine the possibilities of jurisdictional wetlands. He also requested that I provide him with some sort of acknowledgment by Collier County that the homes were permitable. I have had these properties, along with several_o3h~er_s which I feel may need to be similarly addressed, inspecied by a DEP representative. An upland area was located on each parcel for a septic repair and I am in the process ofhaving formal exemptions issued for all. It seems as if no other agency has any interest here and Upon receipt from Development Services, of some notice of each dwelling's viability, I will proceed as directed by HRS__. SOLID WASTE DISPOSAL - as pertaining to dumping and creation ora landfill in Section 9, as charged by Rebecca ,letton of DCA and litter violations issued by Mike Kirby. Section 9 conditions date back to the 60'I; and qui~e possibly earlier. Participants in such use are ora much ,greater number than iust th6se living in Section 16. As far as I can tell at the present time, household wastes are appropriately disposed of in Broward County during weekly trips to the post office, grocery store, etc. Some take their trash in daily on their way to work, pan-time residents, when they return home. As you are aware, similar conditions have and do exist all over the county and have only in recent years, been addressed with some degree of success. Even now, in southern Golden Gate Estates, people continue to dump due to failure in implementation of the ruling resolution. Yes, residents have placed items not easily transportable in the neighborhood junkyard, but they also, oftheir own accord, have come to recognize the need to clean this area up. Prior to the occurrence of the present complaint, in response to a group effort~ a salvage_c.o~mpany was 'enlisted for a clef!n...;..up effort, but as you can see, the results left much to be desired. At this time, another salva~;e company, coming bom LaBelle, has been scheduled for a much improved effort.. in addition t-o the Section "9-i~r~i';:ti' ~,V&i':al r&sidents'will be'~.~ldt:e's~in~g- i~ir own parcels, "~hite others have offered to 'point out and pull out' other known items throughout the section. Success of this drive will allow future disposal to be more easily accomplished, as I am sure that the county will not be able to provide such services. JAN 2 0 1998 And now further, i~n re~ards to litter on individual parcels, as discussed thoroughly with Mike Kirby, obviously discarded and unused items will be included in the clean-up effort. Other items will be creatively used or aesthetically stored for future use, so as not to constitut---~- "litter". But, let's remember that beauty is hn the eye orthe beholders. My clients are willing to address any i~ossible pollutant or contarnJnant concerns, but have unanimously agreed to the need to; _have, store, restore and malntaln vel'ficles and equipment. The present re.l~Iating ordinances arc .ngt conducive tO the urfique nature orth[s comrnun[ _ty. These people do not worry about what their neighbor's yards may look like, as long as there is no threat to their health and safety, but they do worry about survival. For the very same reasons that inspections have been refused, that tax records are in error, that school transportation has been den~ed, that postal service is non-existent and that telephone service took ten years and modern technology to achieve, these people need special consideration. Many of the vehicles used to travel within this remote and often inaccessible area never leave the private roads and should not need to be licensed. Pans ~'om the so-called abandoned vehicles in the area have twice proved their worth in my own recent experience here. There are no service stations, garages, auto parts stores or tow trucks to take you there. This is an issue of'need, in addition to economy. As I said, my.clients are willinR to store such vehicles and parts aesthetically and as discarded items build up, they are wil]in:R to conduct timely clean-up operations They are willing .to protect the IRround and water fi.om possible poilu/ants resulting fi.om their labors, in whaIcver manner deemed necessary, for instance, the placement ora concrete slab to contain potentially harmful vehicle fluids. Many would like to build protective structures or coverings for such items. The one problem I see here is that while Collier County is willing to permit such impro'~'crnents in a way that will satisfy state agency concerns as pertaining to wetlands and sheet flow of Water, la -C.NP has decreed a 1986 cutoff date for acceptance of their validity. ADDITIONAL BUILDING AND ZO,~G CONCERNS SPECIAL TREATMENT - As discussed with Mike Kirby, up to 90% of site alterations were ori.~nally done prior to 1982. Later alterations can be seen as maintenance and continuation of'an accepted practice as known to the property owners. Ignorance of'the law may be a valid excuse when such knowledge is not relayed, as described in this narrative. STRUCTURES - It has already been a.~eed that most are permhable, with the process yet to be .worked out. I would like to request that the Kenney's mobile home, where installation occurred after the 1991 zoning change, be included with the others. They did attempt to address permitting, as telephone records will evidence, and I believe all other residents to have no objections to this request. Here also, in re~;oon~e to lh~ C911ier County_ stance on trailers for storage_ I would like to point out that a discarded mobile home makes a wonderful storage f'aciliw, especially when Ioo~ng at it fi.om the expressed point of'view 9finacc¢~ibility and isolation. Ifthe concern is simply in regards to livability, my clients are willing to remove all appurtenances and ~x-tures for inspection. Also, as I've previously submitted in re~3ards to inspections, all owners are willing to sign a release of'liability to Collier County where necessary. FEES AND PENALT~S - With the reasons fror absence ofpermhs having been explained, I believe that overall, an honest effort has been shown..MY clients had the desire to set'tlc here in a legally protected fashion and when refused standard considerations, did the be~ within their abilities to be in compliance. Each and every lot was surveyed, by a registered surv~or to make sure that they were building on their own parcel, and as agreed, I will provide an affidavit of'proof signed by the surveyor. ..I hereby request an "as is" acceptance ofboth structures and site alterations with token frees) if any, with considerations being ortly in regards to health and safety, and environmental detriment. Fees for my services are already more than applicable permit frees would have been for many, had they been issued at the time they were requested. Electricity may have been the be_~nnin_~ of the areas present day, rural-residential quality, yet remoteness continued to translate into absence of government and associated services, despite numerous attempts by the property owners to obtain such. Children here have attended school in Clewiston fror almost 14 years. There are no parks, no libraries, and no fire or emergency services provided by Collier County. The roads were built and are maintained by the property owners. My clients have learned to live and work together, and now constitute a fairly self-sufficient community. I suspect that they could have continued in the manner to which they have grown accustomed) had not the land been proposed fror federal acquisition. As such, I request in their behalf, that this area be given an exemption by ordinance in regards to impact fees until such time, ifrever, that reciprocal services become available. lO JAN 2 0 ][ in[ n[.,[.,.. ..................................... II I i .,GLADES ELECTRIC STATEMENT OF INTERVIEW ..On January 28, 1995 I met and interviewed Mr. Lawrence Ford in his home in the presence of his wife Mildred and of Ronald Henry. Mr. Ford worked for Glades Electric Co-oB for 23 years and 23 days, having been the construction enqineer from 1976 until he retired in 1986. The subject of our meeting was the practice of providing electric service to the "Looneyville" area (Section 16 TWP 49 RGE 28 , Big Cypress) and to other properties along the L-28 interceptor canal without certificates of occupancy issued by Collier County. . When I first arrived, Mr. Ford informed me that he had been ~nstructed not to provide a written statement as we h~ discussed on the telephone one day prior, or to a~gw me to'tape record the interview. Mr. Ford's wife was still employed by Glades Electric Co-op and the company's general manager was concerned about legal ramifications. I spent several hours with Mr. Ford and found him {o be of cognitive mind and honest, ethical Christian character. He clearly recalled meetinqs and conversations that took place in 1976 when electricity was first proposed for the area. He stated ~ha~ both h~ and his predecessort Ronnie Morris (with whom he had worked with for 30 days ~ior to assuming his position) had conducted luncheon and ~e~ephone business discussions with Collier County buildinq officials, where the final determination was that Glades Electric was capable of discerning compliance with national codes and inspections for electric installation 'would be left to their discretion. The stance he cited as taken by the Buildinq Department, that there was "no revenue from this area and they would not qo to the expense of inspectinq", seemed to me to be a continuance of the position taken by the Tax Appraiser'~ Office on hunting camps in 1967 (enclosure H-2). Glades Electric installed 4 services along the NE corner of section 16 in 1977. II located evidence of only two permits issued: ~76-3251 to Leonard McCulloch on 12-21-76 for a fee of $2.00 (enclosure P-l) and #76-3143 to Joe Brown.] In 1980 Mr. Ford was responsible for coordinating further construction of electric lines into the interior of section 16. At this time, seeing more people moving in with the intent of buildin~ permanent homes, ..he became concerned with septic systems, "for their own health and safety". Conversation with Collier County buildin~ officials in this regard also reaffirmed the position accepted by Glades ElectriC' in providing inspections for service. Throughout the remainder of his employ, Mr. Ford conscientiously informed proposed custom~r~--t~&~%e~r eptics would need to be ~n accord with state codes. JAN Z 0 1998 Mr. Ford remembered that Mr. Joe Brown had been able to obtain a few ~or ~, ~ not e~ them necessary for Service installation and all electrical inspections were'done by Glades Electric. He also stated that he has retained all of his old f~gs and that he would release the information that they contain if given the authority to do so. Upon review of my notes taken during the interview, I swear the foregoing to be a true and accurate remembrance. 5ebi Kay,Lee Note: Four days after this interview I submitted the following letter t~ Mr. Jim Higgenbotham, General Manaqer of Glades Electric. Co-op to request authority for employees to release information. , ) 'AN :: 1:1 ~2~ / JAN 2, 0 1998. jan,~ry 37, 1995 Mr. Jim Higgenbotham Glades Electric services locat in Section 16 TWP 49S RGE 34E of Big cypress in Loz~.z l As you are aware, the residents of this area have been historically refused permits by the ~uilding Department. ~hey were told that they were inaccessible and that cost and safety considerations did not make it f~-~ible to send out in~_o_~. Taey were instructed simply to 'build to code". Alledg_~_!y, even the tax office stated that the property values were such as not to need permitting. When lines existing at the NE corner of the s~ction were extended to provide them electric service and upon later construction occasions, Glades Electric personnel verified the Building Departments stance, When they inquired as to how to approach installatio~ without issuance of star,w_ rd Cert/ficates of Occupancy. They were asked and generously agreed to conduct their own inspections and to make a determination at their discretion. They additionally took it upzn themselves as a matter of health and safety to request that the residents o0~struct a proper septic system in conjunction with the installation of electric service, an attitude I find ~dable o . ~his practice has been satisfactorily implemented since 1980 with no obJectio~s by Collier County officials. Although a few of the early owners were able to obtain scme n~bile hc~u permits as a result of repeated efforts by their neighbor, Mr. Joe Fx-own, to get the Building Dept. to '~elp these nice people out", inspections ~ere never oz~pleted and s~rd permitting practices were never adoptS. As recent as 1994 when new residents w~re trying to obt~{n permits, the story was the same. Later in the yea_ r though, Big Cypress National Preserve %~/ch intends to begin acquisition of properties in the area as legislatively authorized in April of 1988, aided by the Florida State Dept. of Oommnxity Affa/rs, demanded that Collier Oounty and }{RS investigate the area and force the residents to validate their homes and any other improvements. They w~re sent letters of violation and told that in lieu of being able to provide evidence of valid permits that they ~axld need to obtain "after the fact" permits which would incur fees well above and beyond those in effect at the times of their earlier requests, Tnis is where I come in ... I am a self-employed permitting agent, now only ~%~ling in drafting and design, who works primarily for owner/hAilders especially where their properties are subject to special treatment regulatic~s jurisdictional to various government agencies. My qualifications stem frc~ accumulated Job exper- ience with minimal school.lng along the lines of technical enginee__ring. I Just happen to ~sess the knowledge needed to address most of the aspects of this situation as it stands. ~~ JAN 0 ?ne majority of the. residentst your .cu~.tomers, have individually hired me to help them ~ "le~al"~ as evidenced by authorizations sent to Virginia M/ller ~llowin~ her to release to me information re~ardin$ their electric service history: Additionally, I have been working on obtaining statements frcm the residentsl and from other miscellaneous sources in order to document the truth of their story. The original hook-up dates will help me to approximate and validate when their improvements were constructed so that I cnn address the zon~n,g and buildinq ~_ that. were in effect at the time and may later help to exe~.pV scme properties from acquisition by the Preserve. I am constructing a narrative to a~¥ the statements and aided by C~llier County staff, intend to take the issue before the Board of Cammissi~s. I will be asking not only that the remaining fees be waived, but for further recognition that the properties are already in compliance with permitting requirements to the degree that they have been administered throuqhout the yenrs. I have a/so been in contact with representatives of other government agencies wh~ presently have jurisdictional opportunities in the area. They have all assured me of their willingness to handle this matter in a fair.and supportive way. None are in agreement with the supposed objective of the Pre ~s~rve and DCA to eradicate the people f~ the area, that they feel w-as implied by the request to enforce compliance. Let me state at tkis point, for the record, that BCNP representatives have assured me that their primary concern here is water quality in regards to septic disposal and have expressed gratitude and faith in my ability to find solutions acceptable to all. I was act,~nlly informed of the situation prior to it~' occurrence and asked if I would mind a rec~tion fram BCNP to the residents in order to help them with permitting. Although, my first referral to Charles and Renat¢ Henry came through the Collier G~unty ~vironmental Advisory Boar~. As I attempt to solve this rather large problem at all of its intricate levels, I expect that the compiled documentation and determinations will serve to prevent the possibility of anyone losing their home. Statements from. Glades Electric personnel will o~ly help to prove the truth of my clients experiences with building and permitting. It is also my opinion that my documentation would be very helpful to your oc~p&ny should it ever be called u!son to defend its~ policy r~arding service ~nstallation in section 16. I truly doubt that this wc~ld be the case where the lesser agencies are concerned as related to my experiences in dealing with them and mention it only in .response to your request for this letter provided for review by your attorneys. I further doubt that BCNP or DCA would ever make an attempt in such a direction, as they have been previously willing to accept letters from y~ur cc~pany a~ dated proof of occupancy rights. I originally began contactin~ Glades Electric back on 12-7-94 and assumed that ~any worries about legal ramifications had been satisfactorily re_assured, that is until I met with ,Mr. I~wrence Ford and his wife Mildred at their home this past Saturday. They relayed to m~ ~ concerns and I hope that I have prcmptly ~ed them. If not, please call me. Mr. Ford's knowledge and records will be very val,~hle to me in my endeavor, along with other employee experiences in section 16. The county is ,..a~ci_'ous to take this matter in hand, as is HRS in 'regards to septic system violations. I ye been ~;iven a 60 day extension frc~ the original 12-28 compliance date by the county yet }{RS ~o needs their tentative approval to issue repair permits, has been p~i%~}.'~d{ to ~n on '~ion hurry. In relation, in this matter. I'd like to ask if you might expedite your decis] IAHz2,0 1998_¢ 72 GLADES ELECTRIC DETERMINATION February 1995 Hi enbothamt when no responS9 ..... About 10 d~~~ t e__ ;ctice of .o nt inspections was stopped ' Glades Electric are and have been negotiating for absorption by Lee County Co-op. It is my guess that due to the verbal nature of their agreement with Collier County building officials that they did not want to endanger these negotiations nor expend the resources to prove the validity of their position. ~ added ~ __ n section 16 onl as a ~ vaiiaa:~n m c~le~m ~ .... cials. When resolution of t~s. case was ~ert o~ers. Yet o~s.lte )on orts have been re~onded ~i Onl recentl in res onse ~ ~t CDS staff's ex {,see9 view] L~?~ for Mr. Taylor or for ~one eise at Glades Electric. JAN 2 0 1998 · OFFICERS: ,. bRVIS N. SYKES. President kK:X:~E HAV£N THOt,L~S C. PERRY, Wee CHARLES EATON. Treasurar RICH~U=iD KRUOUP, Secretary HARVEY THOMAS. Asst. Socreta~' OKEECHOeEE J.W. HIGGINBOTHAM. Gen. Mgr. LECTRIC OOPERATIVE INC. P.O. BOX 519. MOORE HAVEN. FL 33471 December 8, 1994 Li, iRECTORS: WALLACE EIRGE JOHN COXE JOHN DRAKE CLEv~STC:~ MORGAN ATTORNEY: AN DRE'W JACKSON Ms Debbie Lee 4391 Golden Gate Blvd. East Rural 6419 Naples, FL 33964-9037 Subject: Electrical Inspection - Looney Property Dear tis Lee: This letter is in regard to your telephone call of 0ecember 7th, on how inspections are handled at the Looney property near Big Cypress. Several years ago I had called the Building & Zoning Department of Collier County and spoke to a gentleman to verify the inspection practices of Looney property. That man (I don't remember his name) told me that Glades Electric could do the inspections since we were aware of national electric safety codes. He did say we were to make sure the property owners did not use a drum for a septic tank. We were instructed to only inform the consumer to use an up-to-code septic tank. .. Glades Electric has been informing consumers of this area that we would check the electrical service poles for hookup. Glades Electric has not had any other telephone conversations with Collier County Building & Zoning since my telephone call of several years ago that we should stop this procedure. Consequently, we will continue to inspect new electrical services for this area. ' '. If I may be of any further assistance, please contact ' ' ~~ .~ , Bruce A. Tayl~. ~ . ~~ ~ J.~ Sr. Staking Engtneerll~ AN E~AL ~flT~ITY [M~OYER ZONING ISSUES zoning reference, which 'I do not believe correctly reflected ST designation until they were updated in respect to the 1991 LDC (~IV~SlO, 1.Z.~.S ~a~m~) Further~ Tom Sh'irle "s 1987 a ~ti~ for permit did not address zoning... ~n that various contacts y~t~ ~~ Tax officials ~~~, beg~__~?_have effect. All free ~-~~cattle in section 16 were not ordered~' Mr. Cautero cites advertised ~~m in regards to z~n~ change to Conserva~ ~ ~eans · have been made aware,~~ ~r~M~%~N(~5~a~U"a~] and I doubt that the 1982 ST demignatlon was adger~ised. Only 5 of my clients are presently charged with altering land %after 1982 ST ordinance was in effect. Four dug ponds and used ;~ill for their drives and road repair. The Kenneys brought fill in for their drive and housepad. Sheet flow and drainage were not affected. Last conversation with Mike Kirb im approach for addressing after_the-fact S?__~~rovals would be in accord wit ese t le---qislati0n enacted in 1991. Owner would be allowed to maintain -10% of altered land and anything more would have to be restored. ST ordinance offers exc_~tions to standard process where property s than 20 acres and certain conditions apply. Present ~i~ ~.)~s~f ~, ,, reat ~-than 10% of the site"(~N 2.%.~.G ~ Lb .did not exist in 1982 ordinance. ~ submit that review of aerials datin from 1 73 to 1 4 w how nt evidence of detr m m as pasture. Difference between section 16 clearings and surrounding areas not similarly impacted is clear. All land alterations here have been limited to those clearings, excepting where roads constructed in ~980 necessitated crossing of cypress domes or other wetland. ST consideration should be confined to damage in actual topographical areas of concern and any rulings should be based upon 1982 ordinance ~~ JAH 2 0 1998 2.2.2A.9 12. 13. 14. 15. 16. 17. 18. Transfer of development H~:hts d~u r~:luLrtd in ~. 2.2.24.10. Sub~ion ~d ~pmval of ~ ~vim~ ~t S~I ~ ~u~r~ by ~llier ~ty laws or ~e dcvclo~t ~I cl~. A ~i~ cl~1 pI~ ~l ~ ~b~t~ ~ ~ ~lop~t Sc~ D~tor for ~s ~vlcw ~d ~b~t ~ ~pm~ ~ p~ ~ ~c[d~ ~ ~e d~clopmeot l~d ~. 8ub~ion ~d ~prov~ of ~ e~uv~oa pl~ u ~u~ by Div. 3.S, if app~ob]e. A Dcvelopmeot of RcZ~o~ ~l ~vi~ u ~u~ by ~p~r 380.~, FIoH~ ~ appropHale p~ ~[~ Fr~b Water Fish ~[~ioo s~i ~ould ~clude ~id~dou for ~i~ ~o~ or ~y ~ ~r ~ or ~o~d habiuu ~ ~e developer ~. ~I exotic pI~U u de~ ~ Div. 3.9 ~Ii ~ ~v~ du~ ~h ph~ of DevcIopmc~t Se~[~ Dir~r ~ ~co~ ~ ~e ~ ~b~sh~ ~ Div. 3.9. .~~eot~ion~. W'nete land hu ~ °~r° d~and the p~ ~oa or development ~ ty (20) acr~ o~ m ~u ~,/~d wb~ no ~f~ of d~eIop~nt Hghu are v~2v~, ~e Developer ~'~"Di~mr ~7 approve a Si~ ~on ~1~ or a Site Dcvcl~pment PI~. P~ot m ~ app~, ~e ~lop~t ~ D~r ~ ~e a ~d~g ~at ~e folIo~ ~ndi~o~ e~: The proposed site a. lteradon or site cI=velopmcnt pl~ ~'11 not require any w~th ~e ex~ptlon of e~odc vegeu~n ~val, of ~% ~gnphy, d~age, flon, ot fa~ on ~e si~ ' S~gle f~ly p~c~I ~ ~e~ ~e p~ si~ ~don or si~ development .pl~ ~11 no/~ui~ ~y d~fi~t ~ifiodon of ~phy, d~te, ~Iow ~e l~cls ~i~ ~ ~ ~ of ~on. Ail other site a.lteratlon or ~'ite development pl~ approvtls of any ~ ~lu.lI be u requLmd in Seas. 2.2.24.4, 2.2.24.5, nd 2.2.24.6. ~'o~HcnLion or Sile Alteradon PI~ Or Site Devel.~ A=y modification of the Site Aittr%tion Pltn or Sit~ l~velopu~:nt PLtn u approved by the County. which wo~d alter the intent 2.~7 October JO. JPgl JAN g 0 1998 (J) appropriate by the A~lministrator- S~bmission and approval of an Environ- mental Impact Statement as required by county ordinance. (k) Submission and approval of a tree re- moval plan as required by county ordi- nance, if applicable- (l) Submission and approval of an excavation plan as required by county ordinance; if applicable. . (m) A Development of Regional Impact review as required by Chapter 380.06 of the Florida Statutes, if applicable. Where land has an "ST" designation and the proposed alteration or development area contains twenty (20) acres or less in gross area, and where no transfer of residential rights are involved, the Administrator may approve a 'site Alteration Plan or a site Development Plan. Prior to such approval, the Administrator shall make a finding that one or more of the following conditions exists: (a) The proposed site alteration or site development will improve ecological deficiencies existing on the area. (b)The proposed site alteration or site development w~ll not r¢c~4ire~ ficant modifi~~-of thC--top°graD]~y' ~'rai'nage, or flora, or fauna on the · site. (c) No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. (d) Naturally occurring phenomena, such as hurricanes, floods or fires have changed the previously existing flora and fauna, ~~ ~qor_ ~hat the t~Dography and drainage~ pattern have been alt~Yed by man prlor to the adoption o~ this~ordlnanc~. 169. dAN Z 0 1998. _reasonable .... probability regeneration. of ecological _ (e) The site is surrounded by lands not designated "ST" and where the effects of legal use of the surrounding land exerts a continuing environmental deterioration of the "ST" area that cannot be legally or justifiably corrected. 2) Where land has an "ST" designation and the proposed alteration or development area contains over twenty (20) acres and not more than forty (40) acres of .gross area, and where no transfer of development rights are involved, the CAPC shall review and approve the site alteration or development plan prior to proceeding with any site alteration or development. Such review ahd approval shall not require notice or public hearing. 3) All site alteration or site.plan approvals of over forty (40) acres shall be as required in Paragraphs d and e of this ordinance. Modification of Site Alteration Plan or Site De- velopment Plan: l) Any modification of the Site Alteration Plan or Site Development Plan as approved by the County, which would, in the opinion of the Administrator, substantially alter the intent and purpose of these "ST" regulations re- quires the procedure and approval as if for a new petition. 2) Minor modifications 'consistent with the intent and purpose of these regulations may be made upon approval by the Director. Transfe7 of Residential Development Riqht-~: An o~ner of land designated as "ST" may ~lect to transfer some or all of the residential develop- ment rights of his "ST" land to non-"ST" property, as provided herein, as an alternative to the development of t. he "ST" lands in conformity with the "ST" regulations. 1) The residential development rights shall be considered as interests in real property and may be transferred in portions or as a total as provided in this Section. Once used, the residential development rights shall not be used again and the residential development- 170. rch s ililllliIIII I Land proposed for public acquisition by Governor Bob Graham on April 'I8, '1984 ,. L Area of Critical State Concern ~d Lou~lfOc:lt ('Pu.b[,b L~o IOO-: ot'~AN 2 0 April 6, 1994 - Memo from Rebecca Jetton Department of Community Affairs summarizing the Big Cypress Acquisition schedule and the push to get the local Health Units, Planning Departments and Code Enforcement Departments working on suspected violations prior to the park acquiring the lands. Ms. Jetton was advised at this time by Code Enforcement that any and all complaint~ by DCA would be addressed. April 11, 1994 - Memo from Jim Schultz to Rebecca Jetton notifying her that Code Enforcement will follow up on two violations immediately, (Tough and Martin sites) and requesting photographs and landmarks for any future violations that are reported and identified. · April 21, 1994 - Meeting at Developmgnt Services, Rebecca Jetton of DCA and Collier County officials present. Meeting brought up fact that many sites did not have adequate sanitary facilities and that building permits may not have been obtained for many homesteads. All parties agreed to work together to investigate the sites. Code Enforcement requested Big Cypress to provide us with a map that overlays the structures and uses on the individual parcels in Section 16. Once this map was produced Code Enforcement would take appropriate action to obtain compliance. June 30, 1994 - Rebecca Jetton writes a letter to Tim Constantine complaining about aQ~roxima~el¥ 30 homes which she observed in T49S R34E S16. She gave no specifics but suspected that these residents were not issued building permits and are dumping and creating a landfill in Section 9 T49S R34E. She also attached the overlay map that Code Enforcement requested at the April 21, 1994 meeting. July 8, 1994 - Tim Constantine writes a letter to Rebecca Jetton advising her that Collier County would be contacting her regarding the illegal landfill area and the apparent..lack of adequate solid waste disposal on the eastern portion of U.S. 41. Continued Page 2 July 14, 1994 - Code Enforcement researches parcels in Section 16 T49S R34E and sends a letter to Kevin Kacer within 10 days of receiving his overlay map. Summarizing the results of our investigation and requesting a working meeting. July 21, 1994 Code Enforcement and Kevin Kacer meets and Code Enforcement opens up 28 new cases for litter and/or Land ,,~ Development~ Code violations in Section.16. July. R2, 1994 Memo to Dick Clark on status of investigation. Au~j~l, 1994 Site visit to Big Cypress to document and photograph violations. Kevin Kacer, Mike Kirby and Pat Nobles, fourteen sites visited. ~~. ~ ~ ~ ~Septembe~21, 1994. Meeting with Big Cypress, DEP, ACOE, CC Planning and Code Enforcement, HRS, DCA and CCPh~3. Meeting addressed mostly septic tank problems and filling in. wetlands. MRS, CCPHU, DEP, ACPE explaining their statute of limitations and enforcement. Collier County to provide Rebecca Jetcon with the ordinance and section that requires a CO before electric is hooked up~ October 28, 1994 - NOV's & Stips sent to almost all.property owners, some owners have not been located ~nd/or posted .no trespassing signs ~0 site investigations with photos have'not ~_~en obtai~-d. C0mP~iance date December 28, 199~. December 3, 1994 - Mike Kirby and Ken Badke meet residents at Miller's place in Bi~ Cypress to have a "town meeting" to answer questions and help the residents to fill out the paper work and get started correcting the violations. Remaining sites visited and Dhotographe~. ~-.~December.12~ 1994.- Dick Clark, 1) waives double permit fee for after t~e fact permits~ 2) will extend compliance date to February 28, 1995. Detailed summary of violations prepared. ~anuary 12, 1995 - Debbie Lee meets with Development Services to ask questions and discuss corrective measures for the Big Cypress residents that she will be representing. January 17~ 1995 - Another more detailed summary of Big Cypress violations prepared. [o2~o~% JAN 2 0 1998 SEPTIC SYSTEMS STATEMENT Inadequate septic systems here in section 16 have been viewed by some as the most vile of offenses. Primary complainant Rebecca Jetton of DCA often implied the area to be laden with cesspools. Understanding effects of sewage disposal on water quality, I addressed violations with all immediacy allowed, but would like to take a moment ~o deter any subconscious p~edisPoSitibn toward any of my clients with a reminder of the past prevailing mentality in remote and rural areas. ~ructures were predominantly serviced by 'outhouses. Natural wastes, naturally disposed of. The construction of ~ystems in Sgction 16 were in the early 1980's during the early stages of "environmental enlightenment'. The majority were constructed tn accordance with godes in effect at that time and have been inspected and approved by HRS. Inadequate systems were due to lack of knowledge and understanding, rather than deliberate affront. Most under~tood the possibility of well contamination and oriented placement in accordance with visual water flow. Only in the last few years, are the detrimental ~ffects of "greywater', containing soaps and detergents, being realized. So said, of the 7 systems issued vtolat~gns~ One was of a temporary nature and has been disabled in accordance with MRS recommendations. ( )Only two were built by the present..ownersr...who had contracted for repair prior to violations. The remaining four were purchased as built. Despite some initial difficulties in addressing the correction of failing systems, HRS can be commended for working with me toward expedient handling of section 16's situation in a fair and ethical manner. The original compliance order to obtain repg~r, permits was retracted and the 6 systems in violationt along with 4 voluntary applications were permitted as newt after obtaining all appropriate ~qency authorizations and approvals. They were presented as two groups before a Variance Board, ,wherein ERS waived variance fees and gave positive recommendation for the purpose of abatement. All other systems, found not to be .a nuisance ,were accepted "as Ks" witk no further requirements. Of the 10 permits issued, 2 properties are under contract to systems have been completedr and the remaining 2 have begun construction to be completed by November of 1996. The latter 2 are not in use. JAN 2 0 1994 , The lif's hard, but it's 'better for the kids' bne. t:Le the others here, bas little ~dle time on her AL.LSGATOR ALL.~ {A~) -- ~ t~ane ~g~ay wi~ ca.rig for ~er (~mHy. 3 ~ent of ~a~ inclu~m~ ~t cu~ z~owl~ke acres ~e s~te ~ ~1 mil~ o[ Ioneb- ~n~ ~ ~ are nc~. But for the handlul o( families who live in the vege~ble ~en a~ in ~wamps oH S~le E~d ~. icl an ~a~ from oty ~e ~d g .~h~'s not much ~t ~ w~ ~tev~mn out here," ~tu~ to basso. ·:.There's Isttle to s~ ~tw~n ~e toll ~t~ on the ~3d ~e lau[~ '~t"~ luauS." ~uderdale to N~p~ -- not a ga~e The ~. ~ ~2 y~,Uve in a ~Her '~t I~nks Fo~ .......... he~t It trave~ ~e ~3t h~ ~e buHt~n addison. ~n ~ey p~3n to move ~don. roadside telephone u~ c ...... k · ~to ~n ~t~mplet~ ~s~ bo~ ~e two :~r glades ~nd the Bi{ Cypr~ pr~e. and ~ sld~ of ;~ road a~un4 with ~lb{~to~. {to{s, wild ho{s ~ a buil~inl ~rby of ~pr~ and · =I'~ ~er ~n a e~nter and I d~n't have a p~n," ~~~h~d ~ ~a~ a ~r~e ~iler. o[ bis ~enera. · N~.he nti~er ~ ~r smok~. o~tn re~on · ~r ~ ' - ...... ~ ~r~a~s ~e fa~h~t on~ . He ~ _ ~- ,;~-here"~order roger out e AIh ~tor Auey ar~ ~ r ~t he, b~ ~Ie. AII~n, and their two j Th .... ~ from civi~tion in the SuMhine S~te. ~ -- a ~ ~ 3flo · C3~ ~e~ ~ely. My days are [ull ~a~e e ~ ~ · nd Dave. have {tv~ . :and her plumbs[ h~sba.. ......... w'~ b~ ~ cml- . ~to ~ mldem . · ..... ,,0. llv~ in ~etr tratl~r ~ble.wide trailer lot almos~ a ;~. ~ ~ ~ and ~[{e ~~. Dav~ and M~ll~n · Outside. on ~ ~anlc~r~ ~s~ * and p~ne ~ In ~e swamp and turn them ~chelle a~d Aaron a~ plain{. N~n~e~r- ~ ~ .... ~ ....~ ~or [ence~ and ~. _ ' ~t°-I ~e ~t much ~er he~ ~n hv~K up olc Uzv~u_~'~helle 6 is busy with two um~ ~u~=~ · Grid eton, NJ.. ~dve. with ~u~s o~ steal~n{ or h~rtm{ other, t want to ~ my chddren the ~rincipl~ I have. We tr~ llv~n~ In ~e ~n~ N.Y:. e%~2n{ their hnt child in Novem~r. ' tn roblem for ~e Aili{~lor Alley families they learn at home and you can't control that." ~ t e childr~ ol ~ m~c ; r ~u~ht her to cohere. ~eed Colder ~oumy ,ff~- m~ _. ~lew~ton in Hend~ · ' "There's le~ waste out here, I ~w patches on jeans, ~ dtf~:Cv ~ ~ ..... ' ~ (rom ei~er Plan~t~on a~d we [e~ as much ~e out of eve~thin~ as we can. We ~o~ ~ ~e no~. ~e ~l tn ~aV,~, -- ~on't have to impreu anyone or t~ to k~p up wt~ ~e ~aL ~ a~ TO milu to ~e w~t. .... ... ...., · · . ~id~rintendent o[ ~ Tbomu Richey. ot~ers ~ e ~ CounW h~s ~o(~ ~e ~Hdren and. up to ~~-- ~ Vnlz~a ~~here ~.~ ~ atte~ine public ~h~t have lone h, ~ nd a ~lf ea~ ·lo was con . a~ ~n ~ ~ who live he~ varig. ' Rainbow Sky. 2. : ' "I don't like the complications of city life and not knowin~ who drives in your yard or who ~ with your ch,ldren." said S~ats. · 3$.year~ld b~arded marine '.,raKe worker from Enid, Okla, "ICi not an e~y Life here, · but ~t'$ dehnitely better for the kids." : :£Mrs. Seals, a Mexican-Indian {tom Roswell, N.M.. ;3~'t'~. "We !,red in th.e cit_~__an.d, people complained my -children mace too mUCh nou,~ u, whenever my husband -'w~ked on · car enline." . '"My parents 1011 won't ~.~it." Laud, bed Mrs. H.ass, en: plub 'and they live in Pompano Beach. But (rier4s aha ot~tt members o! out f~milits who said ~e were crazy · re~t here every weekend it k.~m~" Jtoe Buck ~ been the man·[er o( ~e east toll booth. for e~ht years and knows the [amities only by s~,ht. · "Who the hell would want to live oot there?" .u bet observation. JAN 2 0 1998 O,t,r.,,,~A~-~-i Su.6m~-rrEb Kc, A. NoV. ig,lqgG PcLc T o WASTE DISPOSAL & SITE RESTORATION As referenced om pages 7 & 8 of my "Big Cypress" sunm~ (E~$.ua.~. 8 .).~do in my reply letter to Vince Cautero ("¢.~S. 6rrAC~4MN]'*?} litter vioiaclons navQ.. been a~essed. As statedt Mr. K~rby was ~r~do~slv pleased with ¢le~u? Qfforts and violations were qfeatly reduced..Those re~ai, ntnq _wil% need to be ~ted ~ ~tldinQ sto~qe struc~es and four~ti~s. Kevin ~c~ of ~C1NP has expressed the probability of ex~ption status beinq adiusted to include such stora~e-rela~ed improvements, built after Jan,tory 1, 1986: Household refuse continues to be dispose~.....of' i.n appropriate manne~v, during trips to to~n. On-site salvage operations~ which were accomplished by joint efforts ~ere i~ems w~_re moved frcm individual properties to one central location, will be re~ted_ as ac~lation merits profitable ~lvage pr~ement. In further regards to the Section 9 "~unkyard": Mike Kirby informed me that C~ has acc~pt~""the ~ition held bv ~erm ~t cleanu~ responsibility :b~.l. onqs _t_o BCNP ~nd is to be completed lUpOn formal transfer of ownership.. ~his a~e~tance has been extended to include those properties in ~tion 16 that are under contract for purchase by BCNP, To date, two parcels owned by the Millers, one by the Manseaus and one Stephens parcel are under much contract. B(~P is expected to remove all structures and restore the sites in lieu of obtaining permits. Any properties under contract with a "le~-~e- back" option must foll~ BCC re--ended ~pliance procedure. · ....... '~'CMobile_.... Home , . g~ee; ~ ~.q ~. "I ............................. ..~ .... : ~er ...... ~ ........... -1.. ~ ...... , .... .,- . ~,,~?t~.'~..~ ~r~. ': '" ~' ; ./-~. ~ L ' "~ ~ '-;;~'.,-~2 ..... r ................. · ........~ ...... r 2 ...... I.,, ..,.. ~ .... · , .,~ .. ~'. · ~' JAN 2 0 1998 Revhed,'~,~rch 7, 1972 Revised July lO, Section il.23 '.s.~ 1. e 1973, June 12, 1973 DISTRICT PURPOSE: This ogrlcuhural district is intended fo apply to those areas, the present or prospective use of which is primarily agricultural, or the future development of which is uncert'aln, cnd fnr which a m~re restricted zoning would be premature. The regulations in Ihls district are intended to permit a reasonable use of Ihe property, while at the same tlm,~ prevent the creation or conditions which would blight or prevent the proper future use of this and contiguous property. USES PERMITTED: No building or structure, or par't thereof, shall be erected, altered or used, or land or water used, in whole or in part, For other than the fo/lowing: (I) Agricultural activities, such os fl;Id · n. ut productJon, forestry, r ch;, _ cra?, hort?ulture, fruit and _ or kenneling (except h~s ~ ...... a~ng, [a~slng, training, stobl~nn ~ -'-~ -..~ I .,-, ~,-~,e family Res;den- · · . cas, ~n accordant · . ~ified hereTn. . ~./at these regulatTons, except (3) Any use clearly intended as a measure for~ conservation. (4) Yacht, fraternal and other r. ecreat;onal .club% subiect to the prov;slons of Sect;on 5.10, of these Regulations. (5) Churches and other places of worship. Muc~<, sand~ fill m:ter;al, l;m~rock and grovel . ~ extra~'Hon. (7) Outd~r recr~Hon acHv~Hes, such as hunHng, fishing, comp~ng. hTk;~, and nature st,;es. ~[E~t~ed in Section ll.34-S~n Regulations. ~e OCCu~t~ons assoc~ t ~:,~ .... ,. ?JCle X, a~ other cust v ~gr~¢u~u~al achy;ties. . ' I . - .... ,,,:my incJclental to th .... , -, ,-n,cn are I Structures conform ...... ." pr4nc,pal uses; pray;ding . ,o the L. oll~er 'Co · · · . r ...,v,,,F Du~lamg I-;apartment. Rev;sad August ,0, 1971 & June 13, 1972 C. No per.'r, cnent or temporary I:>uTld;ng oe structure sharl be closer than 30 F~st to any property line other than a federal, state or county prlrncry or seco..'%dcry highway rlght-oF.-way ITne. SPECIAL REQUIREMENTS FOR COMMERCIAL CAMPING AR'EAS. All Commercial campl;-.g cre,~s shall meet the following mTnTmum r~clu~rement~: B. 'AvCA'×i~'UM DENSITY: 9 Campsites per acre, gross de~ity. Gross density (L'or c~amp~rounds only) is defined as the number of campsites per acre considering all land inside the campgoundt including carfipsltes, utility areas, naru~cl crecs~ water areas and Other supporting uses. · C. R~QUi.qED FACILITIES: (1) Scnlrcry facilltles, including flush toilets, and showers within 4G'0' wal~.:ing d~stance ~)f every campsil:e approved by the CollTe'r County Health Department. L~ghtlng shall be provided in sanT;ary facilities at all t~mes. .('2,) Potable water supply approved by /he Colli~r County Health Depart..-nent with a spigot for every 2 campsites. (3) .At least 1 garbage or trash receptacle for every 2 camp sTtes.. (4.) Admln~strat~on buildTng and safel~ building open ct a!l times WhereTn a portable fire extinguish'er'in operable condTtTon a~.d first aid equip- rnent is ava~lable, and a telephone is available for public use. (5) One porkTng space per camp site. (6~) One plcn~c table per camp sTte. (7) One f~rel~lace or cookTng area per camp s~te. DESIGN S.1'ANDARDS: (l} Camp sites shall be set back a minimum of 500 feet from any county, state or federal highway right-of-way. . (2) Each camp site shall be d~rectly ac.ce.slble by an ~nterlor rood. (3) Tracf~ of land to be used fas' commerc,a! campTng areas wh;ch~~ less than fifty (50) acres shall have a mlnTmum average w;dth e~:~ua! to ___ ~11 no~ less zh~n forty (40) per cen~ of ~he ~verage cl..ap-d5 o! zhe Zr~--~. of' 'and to be used ?or commercTa, camp;rig areas more than lrTft~ ~ra~~r~ '~8 ....~. shall contaTn a mTn;mum average wldth of 930 feet. . vegetatTc:~ at least 2 .feet hTgh ar wh./ch w~ll be 2 fee t ' l, :,d, ....... 7.S ~gricultural District: a. District Purpose: The A-1 District is intended to ~pply to those areas, the present or prospective use of which is primarily agricultural, pastoral or rural in nature. This district is designed to accommodate traditional agricultural uses, and conservation measures where appropriate, while protecting the rural areas of the County. The regUlations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environ- mental resources of Collier 'County, the potable water supply, or the wildlife resources of the county. It is the intent of this district to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier County shown as agriculture on the Land Use Plan. b. Uses and Structures: No building or structure, or part thereof, shall be erected, altered or use.d, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures: (a) Agricultural activities, such as field crops, horticulture, fruit and nut production, forestry, ranching, bee- keeping, poultry and egg production, milk production, animal breeding, rais- ing, training, stabling or kenneling. (b) Oil and gas exploration and drilling (subject to State drilling pe~rmit). ~n~ngle-famlly dwellings. /~) Accessory uses and structures which are ~ incidental to and customarily associated with uses permitted in the district. Mobile home. " (d) Private boat houses and docks, with or without boat hoists, on lake, canal or waterway lots. (e) Farm labor housing subject to Se 9.3. 25. (f) On site retail sales of farm products primarily grown on the farm. 3)~_perrnitted Provisional__~UseS and structures: ~ C0 4) (a) Aquaculture and mariculture- (b) Munting cabins, subject to all building codes and permits. r action_~nd related processing and - production. (d) Private landing ~trips for general aviation. ibited uses and str %ture i or structure not ~p=~ ' by reasonable implication permitted herexn- Development Standardsl 1) Minimum Lot AreasL ~pecial exceptions lied: 5 acres. 2) Minimum Lot Width: 3) All permitte~ uses .or unless otherwise speci- Three hundred (300) feet. 4) Minimum Yard Requirementsk (a) Front Yard: (b) side Yard: Seventy-five (75) feet. Ten (10%) percent of the width of the lot, not to exceed a maximum require- ment of fifty (50) feet. (c) Rear Yard: Seventy-five Maximum,~eiqht of Structures: feet. MaximumDensitYk (5) acres. (75) feet. Thirty (30) s) Minimum Off-Street ParkingL None, unless wise specified within this ordinance. Signs: As permitted in Section 8. One dwelling unit per five other- 26. JAN 2 0 1998~ 2.2.16.4.3 2.2.16.4.4 2.2.16.4.5 2.2.16.4.6 2.2.16.4.7 2.2.16.4.8 2.2.16.4.9 2.2.16.5 2.2.16.6 ~SEC. 2.2.17 2.2.17.1 ~;nlmum Yl-'d R~ou;r~en~. 1. 2. [font Yerd. Fifty feet (50'). Side Yerd. The su~ total of the ~ldth, not to exceed a max~ of fifW fe~ (50~. T~s y3td re~remcnt may be appo~;oned between t~ s~e ya~s ~ a~ ~r, except t~t o~ [1) s;de yard may not be less t~ ten feet (10~ ~ess t~ statue is coat.ted at t~ s;de prope~y li~e. - 3. ~or ~,rd~ Fiftee~ feet 4. ~OT~ront. Twenty.five f~t 5. ~oflroo~ ~0~. ~o setback is ~eQ~red Irom a ra~troad easement, or'riGht-of'way. 6. ~erd Abv~;ne Resldtnttat Percel~ FifW teat {50'). ~x~mvm H;;eht ¢f ~tm~u~e$. FitW feet (50'). ~j;n~mpm Fl;qr ~r~ One thousand (1,000) square feet. M~x~mum Lot Cov;~o~e. [RESERVED] ~n;mum 0ff-~tr~ Par~;nq ~n~ 0ff-~v~et '~qo~nG. As required ;n Div. 2.3. ~ As required in Div. 2.4. ~ Lighting shall be located so that no light is aimed directly toward a prope~y designated residential if light;nO i~ located w;th;n ~o hundred leer {200') gl res;dendal property. ~. As required in Div. 2.5. Fence Requirement. All p~rm;~ed or ~ond;tlo~l uses allow;ne for storage other than within an ~nclosed bu;ld~ng, including b~ not tim;ted to the storage of manufactured products, raw or fin;shed mater;als, or vehicles other t~ passenger, shall be renU;re'to screen said storage areas with a fence at least seven feet ~') in height above ground level f~om all adjacent or ab~;ng · · r used bnd. ~a;d fe~ or waft shalf be'o~aque in des;On and made ot res~dentla~Y ~oned ~.~ .... ~-r;als aonroved by ~e Development Sewtces D,ector. masons, wood. or u,~ ~ON~E~ATtON OI~R]~ (CONL~ ~,~- w- . ' Ol ~ ~ . · -- '"JAN 2 0 1998- · 2.2.17.2 2.2.17.2.1 2.2.27.2.2 2.2.17.3 ( ) 2.2.17.4 2.2.17.4.1 2.2.17.4.2 ~.17.4.3 2.2.17.4.4 shall be ~s provided in Ibe Consolation District of the Future La.nd Use £1ement of the Growth ~ilt~ Us~. ~e bllow~ ~ are ~ttM ~ of gght, or ~ ~ acc~so~ to posited ~, ~ ~e Co~6o~ Distgct (CON). 2. 3. 4. 5. Publicly-o',v~ed parks. Open space ~nd recreatlooal uses. BLkLuZ, hlkloi, c-tuoe~Z, and Datur& trails. Equestrim paths. Narur~ pre~erve, s ~d ~ldlife Sinl:le.familly dwellLugs. [ _ Oil sod S~s exploratio,, gubjtct to State drill~,,g p~rmlts sad Collier County Site Development Plan review procedures. ~[e~ Accessory to Permitted Us~s I. U.~s tnd structures that are acc~so~ ~d ~cldenul to u~s ~tt~ ~ of Hgbt ~ the CON Dist~ct. ~. ~e following u~s are ~tt~ ~ conSitlonal u~ ~ the Conse~ation District (CON), ~bj~t to the s~r~ ~ pr~ur~ ~ublish~ ~ Div. 2.7.4: 1. ~xt~ction ~d relat~ p~s~ ~d p~uctlon. 2. Chu~h~ ~d hous~ ofwors~p. 3. Ccmctcg~. Scb~Is. 6. AiHculm~l. 7. ~1 ~d g~ field development ~d pr~uctlon, ~bj~t ~ S~tc field development pe~. ~im~ional Smnflar~. ~e follo~n~ gim~s~oaal s~r~ ~all apply ~o all ~t[~ md acce~so~ ~ ~ ~e Co~se~atloa District (CO~. ~nimurn Lot Arta. Five (S) acr~. ]~SnL'mn'n l.~t IAqdth. One hundred fifty feet (I$0'). ~,fi~mum Yard Reou~rernents~ 1. ~'ront Yard. Fifty feet ($0'). 2. _Side Yard. Fifty feet ($0'). 3. ~ Fifty feet (50'). ~:la,!,t~:n,]:Ir~. T~r~-five feet 05'). 2J7 Oc~obtr 30. 1~91 :) 3RN 2 0 1998. ~1~-.~' Oue (I) dwe111~g UZLit lot each five (5) gro~ acr~, cx~pt ~3t ~th;~ the Big Cyprus ?r~e ~e ~mum deputy ~11 ~ cue (1) dwc11~g ~t for uch ~ (3) gross ~-~t ~. ~ r~u~r~ ~ D~v. 2.3. ~. As r~ulr~ ~ Div. 2.4. ~. As r~ulr~ ~ Div. 2.S. O) S'EC. 2.2A~ 2.2.18.1 2.2.1~.2 ]~UBLIC USE DISTRICT l~mose ~d Tntent, The l~'bli¢'Us~ Distric~ (P) is iutcu&4 to sccommo&te oM)' loc. al, Sate ~er~lly owned or l~xsed ~cl operated goveramcut faculties thst provide esso-tls1 public services. The ? District is ~tcnded to facillt~te the. coordination of urbzu services ,~d la~cl uses wl~le m.L~mizlag the potential disruption of the uses of uenrby properties. Aay public facilities that hwfully existed prior to the effective c~tc of t~s Code s~d that are not zoaed for Public Use District 0:') are detenz'ined t~ be conform~g with these zoz~g reguhtlons. A,ny future expaaslou of these public facilities ou 1-,,ets prgvlously reserved for their use shall be re. qu[red to meet the regulations iz: effect for the zoz~g dis~ct ~ wl~cb thc publlc facillty is located. Oovcm.me,~t owaed pmpeflles seated or lc. used to non.govcmmcutzl eatitles for purposes not related to provld~g gove.rameut~! services or support fuuctlo~s to a primary civic or public insti~tional use shatl ~ot be zoued tot t~ Public Use District ('P), but r~ther, shall be zoaed or rezone41 accordL~g to the use types or the ~ cl~rzct~rlstics wkich ~~L~- The follow~g uses ~ ix~'rn~tted as of light, oz' as uses accessory to permitted uses, b: the Public Us~ District (~). 2.2.18.2.1 2. 3. 4. $. 6. ?. 8. g. I0. II. 12. ^dmlalstntive service facilities. Child c~. not for profit. Collection ~nd tr:msfer sites for rcscm~ Communi~tiou towers. ~ucation facilities. Esscetltl public service facilities. Fairgrounds. l..ibnries. Museums. P~k ,-d recrcetlon'l sm~'ice paridag facilities. Safety service f~cilitles. Cattitr County Land Devdo~mtnr JAN 2 0 1998 DEFINITIONS Div. 6.3 b. The dwelling she31 be connected to a public sewer and water supply or to such private facLli~es approved by the county health department. c. The term single-£arni]y dwelling may include manufactured homes when placed on permanent £oundation. ManuFactured homes must meet m~n- imum width, tnLnimum square footage, maximum height and all other req' '.u~rementa applicable Lo on-site buLlt dwellings. d.On-site built as well as m~nufactured homes must be firmly attached to county building code. e. In the event that a dwelling is a mobile home. it must comply with minimum width and minLmum square footage and must be secured to the premises by ~n anchorL~g ~ystem or de-Ace complying with the rules regulations of the Florida moMle home cb~missidn'. Eabh mobLle, home shall bi i~talled With'the whe~Is'under carria.ge o_r. chassis. . ? DmdIinE, roughhouse: A'group of three or more dwell/ag units attached to each other by a common wa]l or roof wherein each unit has cLLrect exterior access and no unit is located above another, and each unit is completely sep~ated from ~ny other(s} by a rated f'u-ew~11 or n fir*e and' sound resistant enclosed separation or space, and where~n each dwelling unR.is on .a separate lot under separate ownership. ~D~eIlin~, tzao./'arn£l~,: A single, freestanding, conventional building intended, designed, used and occupied as two dwelling uniLs attached by a common w~11 or roof, but wherein each unit is located on a separate lot under separate ownership. Dmelling ~nit: A room or rooms connected together, constituting a separate, ~ndependent. housekeeping establishment for no more than one family, and physically separated from any other rooms or dwelling units which may be in the same structure. A dwelling unit must contain sleeping n.nd ~anita~ facilities a.nd a primar~ kitchen. Easement: An interest in land own.ed by another that entiLles ils holder to a specific limiied use or enjoyment. {See division 3.2.) Eatln~ establishment: An establishment deriving $1 percent or more 0fiLs gross revenue bom the retail sale of food and nonalcoholic beverages for on-premise or immediate consumption. Eating establishments may include drive-through resLauranLs, £a~t food restaurants, fit-down restaurants, walk-up restaurants, and takeout, prepared food stares as de~med by this code. .F.[/'ect~ue radius (communication touters): A radius of slx miles from a respective tower unless a lesser radius has been approved.. £~ roach w~tet~ater means wastewater generated as a result o£ cleaning, sorting and pre- serving eggs. Endangered s.oec~es: As listed by the U.S. Department. el' Interior Fish and WildlLee Service. En~neer:. A person registered in the State of Florida under F~. ch. 4'/1, to engage in the practice of engineering. Enuironrnent~,l adui~or7 board: Advisory board to the board of county commissioners, dealing with review and evaJuation of specific zoning and development petitions and their impact eta the r, lation, control. ,n na er ent. e plo; t o or all ,.t al resou s orq within Collier County. (See divisions 3.'1 throush a.14 and division G.13.) · ~iv. 6.3 COLL]ER COUNTY LAND DEVELOPMENT CODE or n.rtificlal fill, turf or other n~.ifici~l changes in the nntur~ vege~tlon or elevation. (See di~ions 3.~ through Duple' See Dwelling, tw~fam~ly or duple. Dwelling: ~y budding, or p~ thereof, intended, desired, used or oc~pled in whole p~ as the resldenc, or ling queers of one or more persons, peri.early or tempor~ily, continuously or transiently, ~th cooing ~d s~i~ facilities. Dwelling, duple' ~ ,ingle, frees~nding, conventlon~ building on a slng]e lot, which only two dwelling uni~ ~d is intended, desired, used and occupied ~ two dwe]ling under single ownership, or where each dwelling unit is sep~ately owned or leased but the lot is held under common o~ership. Dwelling. garden apa~ment: A dwelling unit which Is accessed from an interior common space in a building consisting of more th~ one dwelling unit which may contra dwelling units a ver~cal arrangement. Dwelling. multi, lc.family: A ~oup of three er more dwelling un1~ within a sing]e conven- tional building, at~ched side by side, or one above another, orboth, and wherein each dwelling unit may be tndiv~du~ly o~ed or le~ed i~:i~ly on l~d which is under common or single ~nership. ~ '. '- For pu~oses o~ determining whether a lot is in multlple-family dwelling use, the ~ollowing considerations sh~l apply: a. Multiplefamily dwelling uses may involve dwelling uni~ intended to be rented ~d ~nt~ned under centr~ ownership ~d m~agement, er cooperative ap~men~, condomlniums,'nnd the llke ~d ~ay ihclude the . fee o~ership of land beneath each dwelling unit ~ollowing development from a common base of o~ers~ip. b. Guesthouses ~d se~an~' queers shall not be considered ~ dwelling uni~ in the compu~tion of subsection a a~ve. ~y multiplef~ly dwe~ing in which dwelling uni~ ~e a~able for ren~ for pe~ods of le~ th~ one xveek sh~l be ~nsidered a ~uris: home, a motel, motor hotel, or hotel, ~ ~e case may be, ~d shall only be ...... permitt~ in dis~c~ where ~fi~ly d. For the pu~se of this land dev~opment ~e, timeshare es~te facilities sh~l ~ considered ~ ~tended p~m~ly for transient oc~pan~ and.. sh~l only ~ pe~t~d ~ ~s~ic~ where specifi~y desi~ated. Dwelling, row house: See Dwelling. townho~eg. Dwelling, single.family afl.bed: ~ Dwelling, townhouse. Dwelling, single-family or one.family: A building which {1} con.ins only one dwelling u aR; (2} is ~ntended, desired, used ~d oc~pied by no more than onq family; (3) meets the minimum width across any front, side or r~ el~atien of 24 f~t; and {4} mee~ the minimum floor ~ea and m~mum height requiremen~ of this ~e. The follo~ng ~nditlons ~e ~ much n part of the definitions as the p~n~pal definition: a. The dwelling sh~l comply ~th the minimum square footage menM for s~ngl~family dwellln~ ofthls ~ for th. district in w is l~ated. · LDC6:20 A RESOLUTION IN OPPOSITION TO PROPOSED CHANGES TO THE FLORIDA NEGLIGENCE STATUTE AS PROPOSED BY THE CONSTITUTIONAL REVISION COMMISSION. ~ To seek appwval from thc Board of Commissioner~ ora r~olution which opposes chanics to the Florida Constitution which would either eliminate or increase the cu~ieat sovereign immunity limits as found in Florida Statutes 768.28. CONSIDERATIONS: The Florida Constitutional Revision Commission is currently meeting regarding ~arious issues to be recommended for a public vote io amend thc Florida Constitution. Among the~e proposed changes are Proposals 77 and 59 which would st~nificantly alier the currenl Negligence Statute which pertaining io state and l¢cal governments and which limits the liability of these entities for tort actions. Currently, Florida Stalute 76g.25 provides that the liab~ity of state and local governments is limited to $ I00,000 per person and $200,000 for the total of all claims or judgments which arise from an occurrtmce. Proposal 7'/would elh-ninate sovereign immunity limitations entirely with the exception of punitive damages. Proposal 59 would increase the sovereign immunity caps to $250,000 per person and $$00,000 per occurrence. It would also provide for an annual Consumer Price index increase; would set attoroey's fees outside the caps; and would create a presumption of bad faith regarding judgments not paid in a timely manner. Either of these proposals has the potential to increase the cos! of insurance to government entities as well as the cost of litigation. In addition, these proposals would make local governments greater targets for lawsuits due to the greater likelihood of a large judgment and associated plaintiff's al~omey fees. These increased cosis will ultimately be passed on to the taxpayer. These increases could be significant These proposals have not been voted on by the full commission but have been approved by the Committee on the Judiciary and the Committee on Declaration of Rights which are subcommittees of the Constitutional Revision Commission. The at~acbed Resolution would serve as notice Io the Constitutional Revision Commission of the Board's opposition to these proposals. GROWTH MANAGEMENT IMPACT: None. ~'ISCAL IMPACT: The fiscal impact is uncertain at this time. However, it is certain that if either of these proposals is approved, the cost of insurance and the cost of litigation will increase. ]~.ECOMMENDATION: It is recommended that the Board of Commissioners approve the attached Resolution, authorizing the chairman to sign said Resolution, and that it be forwarded to the Constitutional Revision Commission. Leo E. Ochs, Ir., Supp~TS~ces Administrator RESOLUTION ~O. A RESOLUTION OPPOSINO FLORIDA CONS'ITFUTIONAt. REVISION COMMISSiOn4 COMIvi[~ ~ ~. PROPOSALS 59 AND 7'/WH1CH WH.L ABOLISH OP. INCREASR TEE SOVEREIGN IMMUNITY CAPS SET FOP. TH IN SEC~ON 76[.~, FLOR/DA STATUTES. WHR3LEAS, __e~___~_ '/68.2l, Fboridi S~, provides that ~ ~ m ~ tu i~ or w~i~s~ ~ ~ ~ ~ ~f. ~ ~ ~ ~ ~ ~ ~ or ~ :~ ~ of ~e s~ ~t ~ ~~~of~,~ ~E~S. ~e ~d~ As~la~ of ~tl. h~ exp~ i~ ~sh~on ~ ~c~ propels u ~S. ~e K~ of tiCK of ~ ~s ~! ~It ~ hl~er cosu m ~pa)'ers d~c m NOW, ~~ ~E ~ ~L~ BY ~ ~ OF CO~ COMMISSIOneRS OF COLLIE~ 1~. ATTEST: DWIGHT E. BROCK. CLERK BY:_ BOARD OF COt~ COMMISSION~.RS. COt. I.IER COLt~, FLOILIDA BY: BARBARA B. BI~J~Y. CHAIR~AN JAN 2- -'0 ~v__C]~: To appoint 2 members to serve 2 year terms, expL"ing on December 31, 1999, on the Golden Gate Community Center Advisory Committee. (~ONSrDERATIONS: Thc Golden Ga~ Community Center Advisory Committee lind 2 term~ expire on December 31, 1997. This 5 member committee ~s'ist~ the Board of County Commissioners by revisiting md n~dng recommend~ion~ reg~ting the budget and operation of the community center. Applicants must refide within the Golden C~te Community Center MSTU District. Tern~ ~ 2 years. A list of the current membership is included in the b~kup. Two press releases were issued and resumes were received from the following 2 interested citizens: ~ pISTRICY ELECTOR, Nancy McLean (re-appt) 3 yes Ernie Bretzmann COMMITTEE: RECOMMENDATION: 3 yes Nancy McLean - re-appointracnt Ernie Breizmann - new appointment _FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ]tECOMMENDATION: That the Board of County Commi~zioners consider the recommendation for appointment and appoint 2 member~ to thc Golden Gate Community Center Advisory Committee, and direct thc County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of' County Comm~ssloners Agenda Date: JANUARY 20,1998 AGENDA .~TF.~ No._ /'/ - JAN 2 0 1998 R F_.CEI ¥EC COLLIER COUNTY. GO ' PARKS Al~ RECREATION DEPARTMENT GOLDEN GATE COMMUNITY CENTER MEMOI~J~UM 4701 GOLDEN GATE PARKWAY NAPLES, FLORIDA 33999 (941) 455.2343 FAX (941) 455.9556 A C.~TIFIF..D BL~ CHIP ODMMUNI'I'Y To: From: Re: Date: Sue Filsoa, Admini,uafive Assistant Board of County Commissioners Keith I.arson, Center Supervisor Golden Gate Community Center Golden Gate Community Center Advisory Board January 6, 1998 The Golden Gate Community Center Advisory Board met on Monday January 5, 1998 and unanimously voted to accept Nancy McLean and Erinie Bretzrnann as mernber~ to the Golden Gate Community Center Advisory Board. Please feel free to contact me should you have any questions and thanks for all of your help in guiding me through this. k~ T~o~, c.~ter sumrvi~r Golden Gate Comnmaity Center Golden Gate Community Center Advisory Committee N~ Kent Kolegue 2515 551h Street, S.W. Naples, FL 34116 Dtm'/ct.' 3 Cheryle L. Newman 5101 31st Aveaue, S.W. Naples, FL 34116 Dirtr~: 3 Category: Vicki A. C~aveto 3~0 2tst Argue, S.W. Naples, FL 34117 D~trtct: 3 Category: Tom H~nln$ 2~$1 42nd Terrace, S.W. Naples, FL 34116 Dtvtdct: 3 Category: Nancy McLean 5415 261h Avenue, S.W. Naples, FL 34116 D/a~rk~: 3 Category: ~orlt Phone At~d F. rlX D~te Term Home Phone Datdte-agpt 2ntiF~Da~e 2nd Term 35~-$1M 03/12/96 1251/97 2 Years ,~/ 12/03/96 1251/95 2 Years 353-7~ 01/03/95 1251/96 2 Years 455-1475 125/96 1251/98 2 Years 01/07/97 1251/98 2 Years 01/23~ 12/31/97 455-5~Z~ ~o._ '*/~/~ JAN 2 0 Igg8 Golden Gate Community Center Advisory Committee l~atne Home Phone Dttttage.4rt~ 2~Date 2nd Term This 5 membe~ committee was created by Ord. No. 75-4 to advise the Board of County Cornmis~oners on the budget and operation of the ~ Gate Commxt~ Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms am 2 years. St~.~,' .S.~.,~--~"~:r~n, Part~ and Recreation D~ 353-0404 ~EMORANDUM DATE: October 20, 1997 ' TO: V~ell Hills, Electio~ Office .... FROM: Sue Filson, A~m~v~ ~t Voter Registration - Advisory Board Appolmtments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. G.O. COMMUNITY CENTER ADV COMM COM]VIISSION DISTRICT Nancy McLean 5415 26th Avenue, S.W. Naples, FL 34116 Thank you for your help. 1,4EMORANDUM DATE: TO: FROM: November 24, 1997 Vinell HilLs, Elections Office ...~, Sue Filson, Admini u ,ti.v¢.Assis '- Board of County Comm.tmoners ¥ 15 7 RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please l~t me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. O.O. COMMUNITY CENTEK ADV COMM _CQMMISSION DISTRICT Emic Bretmnann 2284 $Oth Terrace, S.W. Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: TO: FROM: October 20, 1997 Maria Ramsey, Parks and Recreation D~//eZ Sue Filson, Administrative Assistant/~.,~ ° Board of County Commissioners ,,/_.J. Golden Gate Community Center Advisory Committee As you know, we currently have 2 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: Nancy McLean 5415 26th Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will 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 AGENDA ITEJ~ .o. JAN 2 0 1998 ~oar~ of Count~ Com~$$stoners MEMORANDUM DATE: TO: FROM: November 24, 1997 Maria Ramsey, Parks and Reere. a~tor Sue Filsoru Administmfive.Asstst~t~.'~ Board of County Commissioners Golden Gate Community Center As you know, we 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: Emie Bretzmana 2284 50th Terrace, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appoinmaent of the advisory committee within the 41 day time-frame, and I will 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-B097. Thank you for your attention to this matter. SF At~c~en~ JAN 20 1998 pg. Ernte Bretzmann 2284 50~h Terr. S~ ~aples FL 34116 ~ovember l~, 1997 Sue ~ilson Board of County Co~nissioners 3301Ta=tami Trail East Naples FL 3t112 Dear ~s Filson, Please accept this application for the position on the Golden Gate Co=unity Center Advisory Committee, which was announced in The Naples Daily ~ews earlier this week, As a thirteen year resident of Golden Gate, I feel it's time I contribute something back to the com~unity, and my current position as Executive Director of the Oniced Way of Collier County actually will leave ne with sufficient rime to do rms. Enclosed is a copy of my recently revised resume· It*s not exactly brief, buc it's my bio. Thank you for your consideration. Ernie Breczeann No. 2AN 2 0 998 - Ernest 8ratzmann, Born LivinEston ~J ~o~e Address: 228& S0th Tart. S.~. ~aples FL 3&~15 Harried to Francoise. One ~au~hter, Sonia, University Student Health and F£tness: Excellent. EDUCATION , Grand Canyon UniversitY, Phoenix, AZ, B.$. Ma~or: Behavioral Science Alpha Chi Honor SocietY, Jr. and Sr. years Department Fellow. Llvin~ston, NJ Public Schools. Senior Director, also, Cultural Aver ..... ~- ~ainin~ and experzence Physical Fitness Specialis~ and cons~u~ and capital fund raisin~. MILITAR~ Served in the Air Force for four years as a Personnel Specialist, Honorable dischar~e as a Staff SerSan~. Also served on the USAFE Honor Guard. USAFE Vei~ht Liftin~ Champion. ~ VOCATIONAL EXPERIENCE ~__IL~ES-BA~E YMCa, ~ilkes-Barre PA, Youth Director, Sap 19?3-MarY?. 1. Developed and directed all proErams for an area ~ust recoverin$ from the a ma~or flood {Hurricane A~nus). 2. Developed cooperative pro,rams with: Child Developmen~ Center, Y~CA, Primary prevention Center and ~he United ~ay. Membership and Adult proEram Di~ec~or, Mar 19??-Apr 79. I. Totally reor~anized administrative department and h~red all new staff. 2. Developed very effective public relations, public~tY and margarine prosrams for the Associat~on. . --^ ---~-~ ~ealth and Fitness Center. · Directed and admi~?t~red ..... ~.~, under 1200 to over 3000. creasea 4. In ...... 'ami FL, Executive Director, May 1979-Feb 82. S__OUTT{~EST BKAHCH ~c~, n~ facility site 1. Responsible for the operation and administration of a ten-acre, full and all staff. 2. Delivered Health Enhancement prosrams to the IBM Corporation. 3. Developed master plan for the lens tense prosram and financial development of the YM_C~_~.~ -nd constructed an Adult Health and Fitness Center on site. MARCO ISLAND YMCA, Marco Island FL, Executive Direct?r, I. Brousht stability to a YMCA which had employed three Executive Directors in the previous four year period. 2. Developed sirens Volunteer-Staff support teams· ~. Immediately began to develop an operaCin$ surplus which ensured the sercuitY and comprehensive lonz-ran~e credibility of the Association- &. Vorked with a distin~uished committee ~n developin$ a development plan. 2 0 1998 Led our YMCA to full autonomy from its original parent association (Naples YMCA) and received our charter from National YMCA on 1-1-8§. Gained valuable experience during the negotiation period which brought about this change and learned how to set-up a new corporation. This has also provided the experience of working with Federal, State and local governmental agencies. 6. Conducted successful $1,000,000 Co~munity Capital Campaign which exceeded the goal in a community of 10,000 residents. ?. Worked closely with contractors during the construction and complete facility development of a 183,000 gallon aquatic center and 15,000 square foot multi- purpose building including a Nautilus Center. 8. Established a broad program base for all ages utilizing the new and existing facilities. 9. Developed strong positive relationships with other community service organ£zations, United Way and the news media serving our area. I0. Developed, with the Board, a new long range strategic plan, which will chart the association's direction into the list century. GUILFORD COLLEGE YMCA, Greensboro NC, Executive Director, Apr 1994-Jun 95. 1. Directed and ad~tnistered a YMCA in collaboration with Guilford College. 2. Requested National staff conduct an Association Assessment in August 9t, and their report was used as the catalyst for the development of a strategic long range plan. 3. Began work on obtaining donated land for future site for Flag-Ship YMCA. 4. Ended 1994 with the largest operating surplus (more than 100I larger than the previous best) in the twenty year history of this YMCA. UNITED WAY OF COLLIER COUNTY, Naples FL, Executive Director, June 1995-Present. Resturctured Board and committees to develop a much more effective Volunteer- Staff team. 2. Formed agency alliance of all of our member agencies to enhance collaboration and effect£veness of our agencies to better serve the communitY. 3. Created a Financial Development Co,mitten to address the need of having a planned giving program for the organization, leading to the creation of an endomnent. &. Ou~ ~995 campaign ~esu~ed ~u ~e ~arges~ do~a~ ~ucrease, over ~e previous year, ~n ~he 38 year h~s~ory of ~s Un~ea ~ay. 5. Our ~9~6 campaign g~v~ng ~n~reased 2~.2~ over ~995, ~e ~arges~ percentage ~crease of any ~e~ro ~V ($~,000,000 ~o $2,000,000) Un~d ~ay ~n ~ ~n~re counury. 6. Hav~ ~de ~undreds of presentations ~o businesses and co~un~y groups ~o cu~u~va~e a~areness of and ~ke friends for ~h~ Uu~a ~ay. PROFESSIONAL OBJECTIVES Wish to apply experience, creativity and energy where it nay have the greatest effect speaking, listening, and the abllt Y to and work with people regardless of their social, cultural or financial background. Want to be part of an which permits application of skills and experience in a position wht opportunity for personal growth. ORGANIZATIONS Naples No,th Rotary Club, Pau~ Harris Fellow, 1997 Program Chatrnan For Planned Giving; Board member United Way of Florida; Founding Island Community Prayer Breakfast Cosunittee. Leadership Collier JAN 20 1998 Naples Council , ,er ~f~the Earco/~l .( AppoINTMENT OF IvYEIVI33ER(~) TO CITy/C0~ BEACH RElqOUI~. S~ MAINTENANCE COMMITTEE ~' -. ~]~..~~: To appoint 1 member to ser~e a 3 ),eat term, exp[rlng on February 28, 2001, on the CRy/County Beach Renoufishrnent Maintenance Commkte¢. ~ONSIDERATIONS: The City/County Beach Renourlshment Maintenance Committee has 1 vacancy due to a resignation. This 11 member committee was established by the City of Naples Resolution No. 91-6295, as amended, and Collier County Resolution No. 92-556 as a technical advisory committee to formally advise the Board of County Commissioners as well as the Naples City Council. This committee consists of 2 City Council members, $ citizens (appointed by the County), 4 citizens (appointed by the City), and 2 non-voting technical advisors. Members mus~ file a Form I Financial Statement each year with the City of Naples. A list of the current membership is included in the backup. A press release was issued and resumes were received Eom the following interested citizens: ~ DISTRICT ~ yes Kenneth H. Dunne ' COMMITTEE RECOMMENDATION-: Kenneth H. Dunne _FISCAL IMPACT_: NONE OROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to a 3 year term on the City/County Beach Renourishment Maintenance Committee, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 20, 1998 Ito _~ JAN 20 1998 .! COLLIER cOUNTY OFFICE OF CAPITAL PROJECTS MANAGEMENT MEMORANDUM- DATE: TO: FROM: RE: January $, 1995 Susan Filson, Administrative Assistant Board o~j~ou~y. Commissioners ~~,nager III Haro · Office of Capital Projects Management Beach Renourishment/Malntenance Committee I am in receipt of the resume from an applicant for the vacancy on the subject advisory committee. Such was forwarded to the advisory committee for their review and recommendation. At their regularly scheduled meeting on lanuary 8, 1998, the Beach Renourishment/Maintenance Committee made the following recommendation for appointment to this vacancy: * Appoint Kenneth H. Dunne to flu vacancy. Motion of recommendation passed 5-0. If you should have any questions or require additional information, please give me a call. M£MO.HZH.Ih.137 CC: Beach Renourishment/Maintenance Committee JAN 2 0 19 8 Pg .~ City/County Beach Renourishment Maintenance Committee Fgork Phone 2'erin IVame Home Phone 2nd Term Hubert E. Howard 3541 Gordon Drive Naples, FL 34102 District: 4 Category: 262-4639 262-5207 Charles Metz 481 Bo?side Avenue 591-8215 Naples, FL 34108 District: 2 Category: Richard E. Lydon 450 Trade Winds Avenue 597.2746 Naples, FL 34108 ,, District: 2 Category: Frar~ J. Bl~ch~d 380 Seaview Court, ~09 3~-g~7 Marco Island, FL 34145 District: I Category: Charles 840 South Collier el 803 3~4-19~ Marco Island, FL 34145 District: l Category: lames H. Brennan 4951 Gulf Shore Blvd., N. Naples, FL 34103 Dh'trk~.' 4 Category: City of Naples Fred L. Sullivan 1600 Mur~x Lane Napl~, FL 34102 District: 4 Category: Naples City Council 261-9180 Appt'd Exp. Date DateRe-appt 2ndExpDate 03/14/95 02/28198 3 Years 03/26/96 02/28/99 3 Yearn 02/23/93 02/28/95 2 Years 3114/95 02/28/98 3 Years 02/23/93 02/28/95 2 Year~ 3114/95 02/28/98 3 years 01/21/97 02/28/98 040.2/96 03/31/98 I Year 424-4~01 03/03/93 02/2g/95 261-6,152 2/I/9~ 02/28/99 2 Years 4 Years City/CountY Beach Renourishment Maintenance Committee Work Phone ~t~1~t'd ~ Date Term Name Home Phone DateRe. aAot 2ndF. xl~Date 2nd Term 11/17/93 04106195 2 Years Bruce Anderson 64~-2S41 2/1/95 02/28/97 2 Years 1670 Crayton Road Naples, FL 34102 District: 4 Category: City of Napl~ Bonnie R. MacKenzie 2150 Gulf Shore Blvd., N., # Naples, FL 341O2 Distr/cf: 4 Category: Naples City Council c. 5801 Pelican Bay Blvd., Suite Naples, FL 34108 District: 4 Category: City of Naples 4:~4601 03101/96 03101/98 2 Ye~xs 262-4957 s1.1o00 02/01/95 02/28/97 2 Year~ VACANT Naples, FL District: Category: City of Naples Harry Huber 7748489 Category: TECH)ECAL: non-votiag m~nb~r .Ton C. Staiger 434-3059 · Category: TECHlqlCAL: nou-votiag m~nlx'x Michael Stephen 643-2324 Category: TECHNICAL: non-voting member JAN 2 0 1998 City/County Beach Renoufishment Maintenance Committee ~ork Phone Appt'd ~ Date Term l~ame Home Phone Dategt-appt 2ndExpDate 2nd Term This 11 member committee was created by City Reso. 91.6295, 61.6421, 936853, & 95-7359 & County Reso. 92-656 as a technical adviso~ committee to fon~ally advise the BCC and City. BCC appoints 5 members (terms are set by the City) and the City appoints 6 members. There are 3 technical, non-voting advisors. Terms are 2 years and members must lite a Form 1 F'~tancial Statement each year with the City of Naples. City staff person: Dr. Jon Statger 434- 4655 (fax 434-305g) and Tara Norman, Naples C~ Cleft 434-4701 Harry Huber, Technical Services Supenhso~, OCPM: 774-8494 .,o,,._/(_) JAN 2 0 1998 pg._ ",~ M~MORANDUM DATE: December 1, 1997 TO: FROM: Vinell Hills, Elections Office . Sue Filson, Administrative Assi~a~/ Board of County Commissioners KE: Voter Registration - Advisory Board Appoin~anents The Board of County Comafissioners will ~oon consider the following ~nclividuals for appointment to one of the county's advisory committees. Ple~e let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITY/COUNTy BI~ACH ~ ADV COMM ~OMMISSION DISTRICT Kenneth H. Dunne 608 108th Avenue North Naples, FL 34108 4 Thank you for your help. AGENI:IA No. 7F)~ . JAN 20 1998 MEMO~,ANDUM DATE: TO: FROM: December 1, 1997 Harry Huber, Technical Services Supe.r~.sor, OCPM Board of County Commissioners /,,J ' City/County Beach Renourishment Advisory Committee As you know, we currently have 1 vacancy 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: Kenneth H. Durme 608 108th Avenue North Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will 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 '/74-8097. Thank you for your attention to this matter. SF Attachments November 17, 1997 Ms. Sue Fihon Administrative Assistant BOARD OF COUNTY COMMISSIONERS 3301 East Tamhmi Trail Naples, FL 34112 RE: City/County Beach Renourishment ,Maint~xance Committee SUBJECT: Advisory Committ~ Mcmber~hlp Application Dear Ms. FLhon, I rcsl~;tfully submit my Letter of Interest and Resume for the Board's r~cw and consideration of my experience and qualifications for appointment as a Member of thc Advisory Committee referenced above. My family and I have been residents of Collier County since 1990 and I have over twenty ycan of engineering and consu'u~on experience, incl,~ing dredging, rcnourishnc~ and major construction projects as detailed ia the enclosed resume. I believe that I can bring valuable experience to thc Commir. ee in it's advisop/role to the Board of Commissioners on city and county rcnottfishment projects, and sincerely hope that you and thc Office of Capital Projects Management give due consideration to my interest in this appointment, and engineering crcdendah. I am a Registered profcssioual Engineer ia Horida and · State of Florida Licen.r~ General Contraaor. I am currently employed as the Senior Project Manager for Construction and Maine Services for Louis Bergcr & Associates, Inc. LBA currently provides coastal sad port sexvices to the Port of Tampa, and the New Hampshire Bureau of Public Works rcnomislmem sad jetty construction projects in Hampton, New Hampshire. LBA Ls Invsentty ranked ia the Top 25 Engineering Firms in the world by the industry Irade publicagon £ngfneer~ng 3lews. Record with over $300,000,000. per year in engineering ~rvice~ around the world. I am based here ia lqaplcs and manage the Florida Offices in Tampa and Miami. I look forward to meeting you during the selection process and Harry Hubcr whom I qx~ke with this morning after our brief discussion. I also hope to discuss the appoiatm~t with the Commissionen and learn of their I applied for · funila' position two years aSo, .rna my resume was considered sad rcnm to Thank yon for your consideration of this mtuest and I look forward to heating from you in the near fun~. Kenneth H. D,-,ne, P.E. ~)8 10$th Avenue North Naples, FL 34108 KENNETH H. DUNNE, P.E. Senior Project Manager Construction and Marine Services Education: B.S., Civil Engineering, Villanova University, 1975 C.,raduate Studies in Ocean Engineering' Florida Atlantic University, 1996 Registrations: Professional Engineer in FL, NY, Nil and PA State of Florida Licensed General Contractor Professional ASCF., NSPE, Florida Engineering Society (FES) At~iliations: ASCE Committee on Quality in the Civil Engineering Profession, 1994-1997 Thc Conservancy of Southwest Florida Dtu~e contributes with more than twenty-two years of progressively gsponsible civil structural, and marllle L, llgul, g ? .......... -. ........ ~. maaammz mmuF~g ~- as Field Engineer, Resident r. agmeer ann ~ou~uu~uu,,, .... e .... and personnel. Aggregate value of these public works projects is in excess or' $135,000,000. His rrslxmsibilities include writing construction specifications, prcpaziag budgets sad cost estimates, writing performance reports, negotiating chsng¢ orders, resolving disputes, interpreting contract drawings and specifications, evaluating daily construction progress, participating in Public Hearings, mcctlngs with contractors and $ovemmcntal agencies, and coordination with the Florida Dcl:~trtmcnt of Transportation and New Hampshire Bureau of Public Works, the Port of Tampa, ~nd the Pon Authority of NY &: NS. Projea Experience · New Hampshire Bureau of Public Work~ (BP~40 $I. 7MM Hampton and Seabrook Harbors Dredging/Beach Renourishrnent and Reconstruc~on of Half. Tide Jexty: .Mx. Duane ia the Construction Manager for the dredging and beach renourishment projcct~ at Hampton and Seabrook Harbors on the Southeastern Coast of New Hampshire. Wfigng cons .t~u. ctioa specifications for the dredging and reconstruction of Half-Tide $ctty, construction SUlX'rvmon, cost estimates, calculation of quantities dredged and renourished, and monitoring the construction schedule for completion on-time arc primary responsibilities. · Port of Tampa, Planning Consultancy: Mt. Duane is the Projec~ Manager for the Port's Pl~nning Consultancy Contract which studies the various options available to the Port's Dirtctor the improvemeats in the traasportation access to the Port's loadiag facilities and revraue dockage, and the Hooker's point Planned Port Developmoat Capital Project. Florida Departmtnt of Transportatlon (I'DOD gJSMM Mac. arthur Causeway Bridge I.$95, M/am/, FL: Mr. Duaa¢ was Resider F,~neer sad Project Maaag~ respoa~'bl¢ for the bridge foundations which consisted of (84) 7' diamelgt shafts d~Ued ia Biscayae Bay to depths of between 85-100' in acc, ordaac~ with USEPA, USC~, IDEK sad Dade Couaty regulations. The twia, high-l~v~l V~.mile Ioa8 bridges utilized AASHTO pre.stressed gixdexx, teasioued ia tlu'ee- aud four-spaa uai~ consuuct~ ia two phases usiag · 9-su'aml c, oafigumioa of the tendon The bridge's piex columns are on 145' cente~ using the FDOT Ma~ Concrt'te Specification. The 1-395 and U.S. 41 roadway approaches u 'ttlized a limerock base gad Mechanically Stabilized Earth walls, with extensive 60' diameter french drains and deep wells. ' AGENDb No. _ Kenneth H. Dunne, P.E. Ma'ro Dade Transit A~ency (MDTA) ~4$MM Me~'omover APM O~i ~on Con~u~n ~oject, Fed~ Tranx~ Admln~on (~A) ~Ight: As ~csid~ ~ccr ~d ~ojcc~ M~, ~. ~c ~ rcs~iMc for ~.~ ~lcs of clc~c~ G~dcway, ~d s~ (6) s~o~powcr &s~bufion b~l~gs ~ ~ ~. $60MM Harr~on Main R~alr Facll~ for ~e PATH ~ for m, Int~me Di~n of Pon A~o~ of N~ York and N~ J~ (PAN~: ~. ~a w~ Ficld M~ of~ ~c con~c~ for B~g Fo~o~, S~c~ Steel ~d T~ck a~stcrcd ~d ncgo8~cd for ~c PA~ ~o~ $TMM Renov~n and Rehab~n of NY~A Bu~ G~ag~t i~ ~e~x, N~ Yori: ~ ~ Resident En~ccr rcs~iblc for one yc~ co~on ~hcd~c wMch ~cludcd ci~. cl~ ~d m~c~ up,des of c~s~ ~ f~ new ~do~ ~t~gs stooge b~l~g ~d ~c r~g of~c 1~,~ s.f. g~ d~g 2~ho~ ~it o~. Dredging and Analy~ of BrMge Foun~, ~, and &e E~ RI~ ~De Highw~, Yorl Ci~ and ~he Huron Ri~ Cr~in~ to N~ ~: ~ K~idcnt ~c~ ~d Cc~ficd Di~, ~. ~mnc ~ rcs~iblc for mo~to~g ~c~ng acg~gc~ ~d ~d~at~ ~c~on cn~g ~ ofbd~c fo~o~ pi~ ~d ~ ~ ~ ~ M~y ~ New York Ci~ ~d New Jcr~y for NYC~T, NYS~T, ~d P~J for ~o~g ~d co~osion. S~c~ Un~En~ & Con~ors, Ina: ~ Field ~ ~. ~nne ~ rcs~ible for nuclc~ ~wcr pl~t field cn~c~$ ~d ~c8on ~d ~c~ dcsi~ of steel ~d conc~tc s~c~cs. p~ Co~ny, ~P~P OEM: ~ Field ~. ~. ~nc w~ re~ible for osmosi~ d~c~gon ~d soBd ~tc ~ c~t ~o~ tc~ ~d ~-~ for m~cip~ ~d ~d~ c~ ~ ~c U~cd S~tcs ~d C~ Ci~ of P~h A~y, N~ ~: Field ~ ~m~l~ for co~c~on m~fi~o~ ~d im~o~ ~ m~cip~ wat~ ~d ~cwat~ ~s~t fa~ ~d ~ ~k ~d p~p~g Qualily Control: Bridgz Steel Fabrication and Erection, ASCE: 4th Int~'national APM Cont'cr,mce, March 1993, l.,az Colinas, Tex~s Metromover Extends Miami's Infrastructure. FES Journal, S~bcr 1993. Contempomneom Development of FieM Data, ASC£ Ist Congr~s on Compu~in. in Civil Enginecrin& $u~¢ 1994, Washington, D.C. Developing Construction Database Models, ASCE 2nd C~ on Computin~ in Civil Engin~ring, Sunc 1995, Atlanta, C, ungia. Improving Transportation Infrastructure for International Trade, ASCE 199~ National Conv~alion, San Dic~o. Califonda. Fixed Guideway Construction lmp.rovemcnt% ASCE Sth latrmatlonal APM Confcre~,e, France. REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF 'ARBOR LAKES, A CONDOMINIUM" TO approve for recording the final plat of Arbor Lakes, A Condominium, a subdivision of lands located in Section 9, Township 50 South, Range 26 East, Collier County, Florida. g0N$IDERATION~ Engineering Review Section has completed the review of the final plat of "Arbor Lakes, A Condominium". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of .Arbor Lakes, A Condominium" be approved for recording. FISCAL IMPAC~ The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees ~0W~M~NA~~ IMPACt, The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ~E¢0~ATION~ That the Board of County Commissioners approve the Final Plat of "Arbor Lakes, A Condominium" with the following stipulations: 1. Authorize the recording of the Final Plat of .Arbor Condominium." J{kN Z 0 199B Executive summary Arbor Lakes, A Condominium Page 2 pREPARED BY: neer Engineering Review REVIEWED BY: Thomas E Kuck, P. Engineering Review Manager Donald · P lann~ Services D~./or ~' ~autero, Administrator Community Dev. and Environmental Svcs. Co,unity Dev. and Environmental Svcs. DIVISION Date Date Date( Date EAST NAPL .-: JAN 2 O' 1998 · . ,:- . .;;....... ;. , 'r' :. ';. , · ~ " .. · .' , '". ;~. · - ? · . , . ~ - ,.,"..: .... t :' . ,' "° .' " ~...:: · ' .... ..-. . ....-.. ~. . " : · '"r · .:. ; ' "'" · ".,'. ' . o .o · · t · ' · ...:.... . · ..: -. ,' · ~ . .,' : .'.,' . · :- --.ii"'.':: ' :" ' ~002 'Ibc fir, cat impa~ to t~c County is none. T~e County will zcalize ~cvenues as follows: l:und: 113 County Mrnagcr Agency: Cost Ccntcr 155900 o Development Services l~.cvcnue $cneratcd by this proicct Total $1006.00 The breakdow~ is ss follows: n) £xcavatlon lt.¢vicw F¢¢ - $$$0.00 b) Excavat/on Pcrmit Fee ' GIIOWTH MAI~AGE[V[ENT i~CO~NDATION: the Board of Co~ty Commissio~c~ a~ ~c i~c~ of ~c~g~ p~it Ho. ~9.~2~ for ~e ~i ~ ~cav~fi~ ~ ~ foll~ s~p~ado~: 1. ~ ~cavation shall ~ li~ to s ~om d~ of 20' below ~n~l. ~1 ~but~ areas ~po~ for l~c cxc~fi~ ~bdl ~ ~l~ ~ ~ m~ d~ of 2' ~low c~l. 2 Off-site ~o~ of~t~al ~l~ ~bj~ "S~ ~d[~" ~o~d ~ ~ T~p~don S~CeS ~o~ in d~t ~cd 5~S (c~ 4. AB ~g~ of Collier Co~ ~ccNo. 91~10~, Dillon t3 ~tlb a~rcd to. Grouvdwat~ sh~ll not be .. AGENDA LTF..M. No]' J Att 2. I:l pg.__ I _ 6. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. 7. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around thc cntirc perimeter of the stockpile arcs. 8. Any stockpile in place for a period exceeding 60 days shall lac sccdcd and mulched and erosion control device installed. 9. No excavation permit shall be issued until all impact fccs have bccn paid. These fccs will bc determined by transportation Services Division. ~TE 1~ ~!ll~ Ef,4~,'¥. F~,' S E ~1~O R ENGINi~ER ENGINEERING REVIEW REVIEWED BY: " /: ,/ ,f ~ ',..._. ~ .':..' .i'rol~ K-OCK, e.~.. DONALD W. ARN , DATE STRATOR D'~-~' COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Pc~t No.$9.626 EX SUMMARY/S,9'd~n 2 JAH 2 0 1998 COLL~--'R COUNTY TP_%/~SPORT;%TION SE~ICES ,, ST~ND~D CONDITIONS': EXCAVATIO~ PER/{IT ]t~PLICATIONS INVOLVING OFF-SITE REMOFAL OF ~%TERIAL The intent of these ,,Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built'to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required'as minimal site improvement~ and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 92-73 and Right-of-Way ordinance No. 82-91. Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence· If appropriate, road impact fe~s in accordance with ordinance No. 92-22 shall be paid prior ~o the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measure to assure ~hat all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipula~ions. JAN Z 0 1998 Based on soil boring information per Ordinance No. 92-73, a blasting permit may be appropriate. Should a blasting per, it appli=ation be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 92-73 are as follows: A. StrUcture inventory/monitoring and applicable property owner release as required by the Development Services D. irector. B. Security bond applicable to private property damage acceptable to .the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting 'permit authority should be determined tha. t blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operation, s. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of-'-off-si~e · impacts, meet'lng of applicable provisions of ordinance No. 82-91, ordinance No. 92-22, a~d Ordinance No. 92-73. Reference to letter of 5/24/88 Revised 12/92 JAN Z 0 1998 %. , C~ 0 1998 EXECUTIVE SUMMARY ADFUST WATER MANAGEMENT CIP BUDGET (FUND 325) TO REFLECT ADDITIONAL REVISIONS IN CAPITAL PROGRAM. OBJECTIVE: To obtain approval of additional adjustments to the Stormwater Management Capital Fund (325) to reflect revised cstirnatcs of project costs and budgeting of new projects for Fiscal Year 98. CONSIDERATIONS: Since preparation of the FY 98 Budget, thc-re have been several additional revisions to the Stormwater Management Capital Program that require adjustments to individual projects. The significant adjustments to the budgets are as follows: A. The following are previously Board of County Commissioner approved projects that, due to unforeseen conditions, require additional funding: 1) 2) Imperial West/Landmark Est./FPL Ditch Enclosure · Cost Center No. 172972 · Proje.:t No. 31203 Bids received for construction were less than previously estimated and arrangements for inspection services result in a net decrease of $142,300 in funds required for this project. Haldeman Creek Restoration Project (Dredging Project) · Cost Center No. 172984 · Project No. 31011 Construction management fees in the amount of $660 for O.C.P.M. involvement in this project were spent in FY 97. An additional $3,000 needs to be budgeted at this time to cover the total project management cost. Also, Coastal Engineering Consultants (CEC) have been requested by staff to include a study of additional options in their Preliminary Feasibility Report. This will require a 10% or $2,200 increase in the purchase order previonsly issued to CEC. An appropriate change order will be prepared by staff to implement this increase. The net result is a $5,200 increase in the project budget for FY 98. Executive Summary "Adjust CIP Fund 325" Page 2 3) Wiggins Pass Ouffall Project · Cos~ CenterNo. 172972 · ProjectNo. 31212 Duc to unanticipated environmental complexities involved in securing thc necessary drainage easements for this project, additional costs will be incurr~ by the' Read Property Management Department in obtaining thc easements. Thc increase is $6,000. 4) Lake Kelly Outfall Ditch · Cost Center No. 172984 · ProjectNo. 31801 Engineering surveys and design of this drainage improvement project have been initiated and construction funds for the ditch clcanout and stmctar~ r~placement are in the FY 98 Budget. Because of complexities in the property ownership and the wetlands involved, an additional $6,000 in funds are required for the easement acquisition/permitting phase of the project. The increase is $6,000. 5) Lely/St. Andrews Swale/Berm Project · Cost Center No. 172977 · ProjectNo. 31105 Funds for the construction of this swal~ project am currently in the FY 98 Budget but the engineering surveys/design has not been initiated. An estimated $8,000 in professional services are needed to gather the field information necessary to design and permit this project. The increase it $8,000. 6) Avalon School Drainage Project · Cost CenterNo. 172977 · ProjectNo. 31107 The low lying areas south and west of the Avalon School Site have a long history of chronic flooding problems.' Funds for the conslruction of figs critical out/all ditch are currently in the FY 98 budget but the engineering surveys/design has not been initiated. An estimated $15,000 in a professional services nrc needed to survey, design and permit this project. These professional services were previously budgeted in FY 97 in Fund 001 but because of delays in obtaining a proposal from the engineering consultant, the funds were not encumbered last year. The increase is $15,000. Executive Sunmmry "Adjust CIP Fund 325" Page 3 $R-29 Culvert Replacement Project · Cost C~tcr No. 172951 · ProjectNo. 31701 This Project involves replacement of 7 undersized culverts in the SR-29 Canal south and east of Immokalee. Six of the 7 culverts have been installed but the 7* one (R. Wells property) has been delayed due to easement problems. The pipes for this crossing have alr~dy been purchased and ar~ now in storage. Additional fun~s will be required to install and riprap this culvert once the easement issue has been resolved. Funds from Fund 111 were utilized to cover the expense of installing the 6 culverts. Since Fund 111 monies are no longer available, Fund 325 will be used to complete this project. The increase for this pr~)ject including additional O.C.P.M. construction management fees is $13,100. B. The following are NEW projects that have not been previously approved for funding, but, due to emerging conditions, funding is now needed: 1) Harvey Basin Improvements · Cost Center No. 172983 · ProjectNo. 31009 To take advantage of drainage in~-astmcture construction underway on the active developments of Islandwallq Heritage Green and Pebblebrooke Lakes that are taking place in the upper portions for the Harvey Basin, the engineering design and construction of Branch No. 1 of the Heritage Green Ditch has been initiated by the issuance of a purchase order for $14,000. The estimated cost to construct this new branch is $50,000, and these funds have not been previously budgeted. The increase for this new project is $64,000. 2) Rookery Lane Culvert Replacement Project · Cost Center No. 172972 · ProjectNo. 31213 In order to decrease a chronic flooding problem in the Sanctuary Road area near the Corkscrew Swamp, improvements to the outfall ditch along the east side of Rookery Lane will be required. In order to take advantage of dry season wofldng conditions, there is a urgent need to initiate this project before this summers rainy season. Five undersized drive culverts need to be replaced with 36" diameter pipes. The estimated cost to install these new culverts is $25,000 and these funds were not previously budgeted. The cost of this new project is $25,000. JAN 2 0 1998 I Executive Summary "Adjust CIP Fund 325' Page 4 FISCAl., I1VIPA~: The above described adjuslments to Stormwater Management CIP Fund (325) are summarized as follow~: 1) Net decrease in Imperial West/Landmark Estates project costs = - $142,300 2) Net increase to previously approved project = + $ 53,300 3) Net increase due to proposed expenditures of new projects not previously approved = + $89,000 Net result to Fund 325 = 0 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the additional adjustments to Stormwater Management Capital Fund (325), and authorize staff to process the appropriate budget amendment and change orders to implement the proposed adjustments as described in the Considerations above. PREPARED BY: John .~Boldt, P.E., P.S.M. Storrnwater Management Director Date REVIEWED BY: Ed Ilschner Public Works Administrator Date SHB/mts Doc: EX-017 EXECUTIVE SUMMARY APPROVAL OF A CONTINUATION GRANT FOR FEDERAL OLDER AMERICANS' ACT FUNDING ~ BCC approval of the Older Americans' ACT [OAA] grant contract that would continue funding from Ianuary 1, 1998 through December 31, 1998. This grant has been funded in Collier County for the past twenty-three years. It provides in-home care to Collier County frail elderly residents and keeps them out of nursing homes for as long as poss~le. CONSIDERATION: This continuation grant furnishes funding for continuing in-home services of case management, homemaking, essential transportation, information and referral, as well as chore service to County elders. Collier County's federal OAA allocation this year is $135,898. County cash match of $30,834 was included in the Services for Seniors' approved budget for FY 98. The projected goal is to serve approximately 120 case management, chore and homemaking clients and an additional 300 information and referral clients. FISCAL IMPACT:. Funds are budgeted and available in contributions to other funds cost center in the General Fund (001-969060). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONI That the Board of County Comrnisfioners approve and execute the Older Americans' Act continuation grant which provided for uninterrupted client services to Collier County's frail elderly residents, and approve the associated budget amendments. SUBMITTED BY/~' /c''~ -- Date: ///,~./~°/ - /Nancl E. Lochner, Seniors Progrsm Manag'er ~ =VIEWED BY: ~,~_~ ~ Date:_ ! ~ !~ .-- -~Ia~a Sklnn~r, Social Se~ic~ Director APPRO~D BY~~ '~ ~~ D,te: ~. ~' ~ r~om Olfiff, Public S~ Administrato DOCUMENT MISSING ITEM # 16C 1 Page 2 Rate Agreement No. OAA 203.98 RATE AGREEMENT THIS CONTRACT is entered into bctwccn the Area Agency on Aging for Southwest Florida, Inc., hereinater referred to as the "agency", and the Collier County Services for Seniors, hereinafter referred to as the "provider". The parties agree: I. Provider Agrees: A. Services to be Provided: The Service Provider Application of Collier County Services for Seniors for 1998, and any revisions thereto approved by the agency, are incorporated by reference by this rate agreement between the agency and the provider and prescribe the manner in which the provider will meet the requirements of the Older Americans Act of 1965, as amended. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the 1998 Service Provider Application of Collier County. Services for .%niors and the Department of Elder Affairs Programs Management Manual, and ATTACHMENT VI. In the event these manuals are revised, the rate agreement will incorl~rate any such revision and the provider will be given a copy of the revisions. C. Federal Laws and Regulations: The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. The provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended 03 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). The provider shall report any violations of the above to the agency. Thc provider must, prior to rote agreement execution, complete the Certification Regarding Lobbying form, ATTACHMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the agency. Ail disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to ~e agency. 1 oz/o~/98 Rate Agreement No..Q~ The provider must, prior to rate agreement execution, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Rate agreements/Subcontracts, ATTACltlVIENT II. The provider shall comply with the provisions of the U.S. Agency of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, rate agreements (except rate agreements of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefitting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms I01 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider assures it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. Thc Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits diicrimination on the basis of age in programs or activities receiving or benefitting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in program,, and activities receiving or benefitting from federal financial assistance. 2 Rate Agreement No.D~ Ee F® The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this rate agreement. The provider shall advise clients, employees, and participants of the fight to file a complaint, the fight to appeal a denial or exclusion from the services or benefits from this rate agreement, and their right to a fair heating. Complaints of discrimination involving services or benefits through this rate agreement may also be filed with the Secretary of the agency or the appropriate federal or state agency. The provider further assures all subcontractors, subgrantees, or others with whom it arranges to provide services will comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide units of deliverables, including reports, findings, and drafts as specified in this rate agreement and the area plan, to be received and accepted by the agency prior to payment. e To allow public ax:x:ess to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this rate agreement. Withholdings and Other Benefits: The Provider is responsible for Social Security and Income Tax withholdings. JAN P~,~ G. Rate Agreement No.QAA 203.98 Indemnification: If the provider is a state or local §overnmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees it will indemnify, defend, and hold harmless the agency and/or state and all of the agency's and/or states officers, agents, and employees from any claim, loss, damage, cost, ch~ge, or expense m-isin§ out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the rate agreement, whether direct or indirect, and whether to any person or property to which the agency and/or state or said pm-ties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of thc agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency's and/or state's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency's and/or state's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified m~l, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency's and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this rate agreement. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this rate agreement. Upon execution of this rate agreement, the provider shall furnish the agency written verification supporting both the determination and existence of such o~/o~/98 Rate Agreement No.Q2~ insur~c~ covem§e. Such coverage may be provided by a self-insuranc~ pro§mm established ~d o~m6n~ under th~ l~ws of the State of FloOds. ~e a~ency rescues the Hgh& to rqu~re addiOon~ insu~ where appropriate. To furnish ~ insu~ bond from a tes~nfibl: commerci~ insu~ ~mp~y ~veHng ~1 of~rs, ditchers, employ~ ~d a~en~ of &he provider authoH~ to h~dle funds r~iv~ or disburs~ under this ~te a~r~ment in ~ amount commensurate w~th ~e ~unds h~dl~, the degr~ of Hsk ~ dete~in~ by the insumn~ comply and ~ns~stent with ~d bufiness p~cfi~s. If the provider is a state a~ency or subdivision as defin~ by s~6on 768.28, Florida Statutes, the provider sh~l furnish the agency, u~n r~uest, written verification of liability proration in accordance with s~fion 768.~8, Florida Statutes. Nothln~ here~n shall be construed to e~end ~ny party's liability beyond that provided in section 768.28, ~orida Ststut~. (S~ also Indemnifiotion clause.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowlexige or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). Transportation Disadvantaged: If clients are to be transported under this rate agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. Ko Purchasing: Procurement of Products or Materials with Recycled Content: Any products or materials which are the subject of, or are required to carry out this rate agreement shall be procured in aocordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. 5 j lt 2 0 o2/o2/98 Me Rate Agreement No.Q/~ Sponsorship: As required by Section 286.25, Florida Statute, when sponsoring a program t'mancecl wholly or in part by agency funds, including any funds obtained through this rate agreement, the provider assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, r~h regom, and similar public notices prepared and released by the provider shall include the stat~nenU 'Sponsored by thecollier County Services for Seniors, the Area Agency on Aging for Southwest Florida, Inc., and the State of Florida, Department of Elder Affairs'. If the sponsorship reference is in written material the words 'Area Agency on Aging for Southwest Florida, Inc. and State of Florida, Department of Eider Affairs' shall appear in the same size letters and type as the name of the organization. The Department of Elder Affairs and/or agency's written approval is required prior to the provider's use of the name of the Department of Elder Affairs and/or agency for solicitation of funds. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of ram agreement funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. Public Entity Crime; Denial or revocation of the right to transact business with publle entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the agency per section 287.133, Florida Statutes: 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 rate agreement to provide any goods or services to a public entity, may not submit a bid on a rate agreement 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 rate agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 6 Age;da %j~ JAN 2 019g o~/o~/98 OJ Pe Rate Agreement No.Q/~ Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act(INA), $ U.S.C.s.1324 a (e) ('section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274^(e) shall be grounds for unilateral cancellation of this rate agreement. Audits and Records: To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this rate agreement. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. To maintain and ftc with the agency such progress, riseal and inventory and other reports as the agency may require within the period of this rate agreement. Such reporting requirements must be reasonable given the scope and purpose of this rate agreement. To submit management, program, and client identifiable data, as specified in the Depam~ent of Elder Affairs Programs Management Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guidelines. To provide a financial and compliance audit to the agency as specified in ATTACHMENT III and to ensure all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7 Qe Rate Agreement No.QAA 203.98 This rate agreement contains federal funds. The Catalog of Federal Domestic Ass[stance (CFDA) numbers axe as follows: 93.044 93.045 93.045 93.046 Title IIIB Support Services Title MC1 Congregate Meals Title IIIC2 Home Delivered Meals Title IIID In-Home Services This rate agreement is funded from a grants and a~ds appropriation. Retention of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this rate agreement for a period of five (5) years after termination of this rate agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) yeaxs, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and ('2), shall have full aocess to and the right to examine or duplicate any of said records and documents during said retention period or as long as records axe retained, whichever is later. Monitoring: 1. To provide progress reports, including data reporting requirements as specified by the agency. The.~ repo~ will b~ used for monitoring progress or performance of the rate agreement services as specified in the Service Provider Application. 2. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and sexvices of the provider which are relevant to this rate agreement, and/or interview any clients and employees of the provider to b~ assured of satisfactory performance of the t~rms and conditions of this rate agreement. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are beiug provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable JAN 2 0 Rq8 o~/o~/98 So Rate Agreement No.Q~ and acceptable justification for the provider's failure to correct the noted shortcomings. The agency -<hall determine whether such failure is reasonable and acceptable. The provider's failure to correct or ju.<tify within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this rate agreement. The provider will notify the agency within 48 hours of conditions related to subcontractor performance that could impair continued service delivery. Reportable conditions may include: · · · · · proposed client terminations provider financial concerns/difficulties service documentation problems contract non-compliance service quality and consumer complaint trends. The provider will provide the agency with a brief summary of the problems(s) and proposed corrective action plans and time frames for implementation. Safeguarding Information: Except aa provided for agency auditing and monitoring purpo~...% not to use or disclose any information concerning a recipient of service-< under thi-< rate agreement for any purpose not in conformity with the state regulations and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his respon-<ible parent or guardian when authorized by law. Assignments and Rate Agreements: Agency approval of the 1998 Service Provider Application shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the service provider application. The provider must submit all rate agreements for ~rvices under the 1998 Service Provider Application to the agency for prior approval when the propo~:l subcontractor(s) is a profit making organization. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the agency in addition to the total dollar amount agreed upon in this rata agreement. All such assignments o: subcontracts shall be subject to the conditions of ~his rate agreement and to any conditions of approval the agency shall deem necessary. Section I, paragraph N. is only applicable to state agencies or political subdivisions of the state. 9 Ue Ve Rate Agreement No.Q~ Unless otherwise stated in fl~e rate agreement between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (I) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exce.~ fifteen (15) percent of the outstanding balance due. Final Request for Payment: To submit the final request for payment to the agency no more than forty-five (45) days after the rate agreement ends or is terminated; if the provider fails to do so, all fight to payment is forfeited, and the agency will not honor any requests submitted after the afore~d time period. Any payment due under the terms of this rate agreement may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. A final receipt and expenditure report as a close, out report will be forwarded to the agency within sixty (60) days after the rate agreement ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the rate agreement being closed out must be refunded to the agency along with the final receipt and expenditure report. Return of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this rate agreement that were disbursed to the provider by the agency. The provider shall re. mm any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. 10 o~/o~/98 Rate Agreement No.~ Should repayment not be made in a timely manner, the agency will charge interest of one (I) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification oi' discovery. H. The Agency Agrees: A. Rate Agreement Amount: To pay for rate agreement se~vic, es according to the conditions of this rate agreement as outlined in ATTAC~ VI in zn amount not to exceed ~ subject to the availability of funds. $135.898 represents federal funding. The State of Florida's performance and obligation to pay under this rate agreement is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other rate agreement or from any other source are not eligible for reimbursement under this rate agreement. The rate of payment per service and maximum units by service are defined in ATTACHMENT VI. B$ Rate Agreement Payment: The provider's invoice will be sent to the Department of Elder Affairs in conjunction with other invoices received by the agency from rate agreements subject to review and approval by the agency. Such approval is for the purpose of authorizing payments and does not constitute final approval of services purchased under this rate agreement. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. With the exception of payments to health care providers for hospitals, medical, or other health care Services, if payment is not available within 40 days, measured from the latter of the date the invoice is _rec6__'_ved or the goods or services are received, inspected and approved, a .separate intemzt penalty set by the comptroller pursuant to Section 55.03, Florida Stature, will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care Servieez, shall be made not more than 35 days from the date eligibility for payment is determined, and the interest penalty is set by Subsection 215.422(13), Florida Statutes. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. C. Vendor Ombudsman: A Vendor Ombudsman has been established within the Agency of Banking and Finance. The duties of this individual include acting az an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Rate Agreement Ombudsman may be contacted at (850) 488-2924 or by calling thc Sate Comptroller's Hotline, 1-800-848-3792. III. Provider and Agency Mutually Agree: A. Effective Date: This rate agreement shall begin on January l, 1998 or on the date the rate agreement has been signed by both parties, whichever is later. 2. This rate agreement shall end on December 3 I, 1998. B. Method of Payment: This is a rate agreement incorporating reimbursement for actual units of service delivered paid according to the schedule stipulated in ATTACHMENT VI. A report will be submitted to the agency from the provider for reimbursement. The Invoice for Services and Contribution report will document the actual units of services delivered. Duplication or replication of this form via dam processing equipment is permissible, provided all dam elements are in the same format as included on agency forms. The provider, if eligible may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency file. All payment requests for the third through the eleventh month shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The. schedule for submission of advance requests is ATTACHMENT IV to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. Ail advance payments are subject to the availability of funds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. Ail interest on contract fund advances must be returned to the agency with thirty 00) days of the end of the first quarter of the contract period. Financial Reports: Thc provider agrees to provide an accurate, complete and current disclosure of the financial results of this rate agreement as follows: To submit all requests for payment and expenditure reports according to the format, schedule and requirements specified in ATTACI~fEN'r IV. 12 oz/oz/9~ Rate Agreement Financial Reports: The provider agrees to provide an accurate, complete and current disclosure of the financial results of this rate agreement as follows: To submit all requests for payment and expenditure reports according to the format, schedule and requirement~ specified in ATTACttMENT IV. be To submit a complete and accurate quarterly Sccvice Cost Report, DOEA Form 110, to the agency per Older Americans Act funding source by April 15, 1998, July 15, 1998 and October 15, 1998. An annual Service Co:t Report, DOEA Form 110, will be: submitted to thc agency within sixty (60) calendar days of December 31 st. The completed manual units of semice portions of thc Older Americans Act Annual Report if applicable, arc duc to the rate agreement manager on or by October 1, 1998. Thc Agency will obtain the remaining report sections from the Client Information, Registration and Tracking System. C. Termination: 1. Termination at Will This rate agreement may be terminated by either par%, upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed u~n by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In thc event funds to finance this rate agreement become unavailable, thc agency may terminate the rate agreement upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Thc agency shall be thc final authority as to the availability of funds. 3. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notioe to the provider, terminate this rate agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the Rate Agreement No.QAA 203.98 agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this rate agreement shall not bo deemed to be a waiver of any other breach and shall not be construed to bo a modification of the terms of this rate agreement. The provisions herein do not Limit the agency's right to remedies at law or to damages. D. Suspension: 1. Reasonable Caus~ The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the rate agreement. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this rate agreement; it includes, but is not limited to, the provider's failure to permit inspection of records, provide repons, rectify deficiencies noted by the agency within the time specified by the agency, utilize funds as agreed in this rate agreement, or such other cause as might constitute breach of any of the terms of this rate agreement. The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by certified mail of: the action taken, the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: corrective actions necessary to remove the suspension; the provider's right to an administrative hearing; and, the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). E. Notice and Contact: 1. The representative of the agency responsible for this rate agr~..e...ment is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (94 I) 332-4233 14 Rate Agreement No.Q~ The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Martha Skinner Collier County Services for Seniors Collier County Government Center 3001 Tamiami Trail, B., Bldg. H Naples, FL 34112 (941) 774-8443 In the event different representatives are designnted by either party after execution of this rate agreement, notie.~ of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this rate agreement. Renegotiation or Modification: Modifications of provisions of this rate agreement shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this rate agreement if revisions of any applicable laws, or regulations make changes in this rate agreement necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget.. Special Provisions: Nonexpendable Property Nonexpendable property is defined as tangible property of a nonconsumable nature with an acquisition cost of $500 or more l~r unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to student~ or to the general public. All property, purchased under this rate agreement shall be listed on the property records of the provider. Said listing shall include a description of 15 JAN 2 0 1998 o~/o~/98 Ra~e Agreemen= the property, model number, manufacturer's serial number, funding source. information needed to calculate thc federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. CJ All property purchased under this rate agreement shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. de Title (ownership) to all property acquired with funds from this rate agreement shall be vested in the agency u.r~on completion or lermin:~tion of the rate ~greement. At no time shall the provider dispose of nonexpendable property purchased under this rate agreement except with the permission of, and in accordance with instructions from the agency. fo A formal rate agreement amendment is required prior to the purchase of any item of property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources CITR) as part of this rate agreement. An I'IT, worksheet is required for any computer related item costing :t;500.00 or more, including dab processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider must comply with the Department of Elder's Affairs ITR Procedures. The provider will not be reimbursed for any ITR purchases made prior to obtaining the agency's written approval. Match The provider will assure that there will be a match requirement of at least 10 percent of the cost for all services. The provider's match will be made in the form of cash and/or in-kind resources. At the end of the rate agreement period, all Older American Act funds must be properly matched. 16 JA, N z 0 1998 oz/oz/98 e e Rate Agreement No.Q~ Older American Act Funds The provider and agency agree to perform the services of this rate agreement in accordance with all federal, state and local laws, rules, regulations and policies that pertain to Older American's Act funds. Co-payment for Services The provider assures Older Americans Act paid staff will not assess nor collect co- payments from eligible clients for Older Americans Act funded services. Subcontractors may charge co-payments for services not paid for with Older Americans Act funds to those persons who are able to pay pan or all of the cost of services. Canj Forward Funds Federal fiscal year funding provided in this rate agrecmcnt is subject to substitution by prior year's carry forward funds in accorclznce xvith procedures established by the agency. This provision excludcs senior center carry forward funds. Copyright Clause Where activities supported by this rate agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic repre~ntation and works of any similar natu~ the ag~cy has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or applic, ation for the same, will vest in the State of Florida, Department of state, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this rate agreement, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures The provider will assure through contractual provisions that service provider agencies have procedures for handling complaints from persons who complain that service has been denied, terminated or reduced improperly as outlined in 58A- 17 Ag~nd~ 'Irt"~ '/ / JAN 2 0 tq.q8 Pg. - _ 10. Rate Agreement Code and the Depmment of Elder Affairs 1.007(e) Florida Administrative Programs Management Manual. Investigation of Allegations Any r~x)rt that implies criminal intent on the part of a service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Si§nature All rate agreements and amendments must be signed by the President of the Board of Directors of the provider, or such other officer or member of the board as designated by the Board of Directors. Disaster II. In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities in order to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or the Governor of the State of Florida declares dim.ster or a state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement emergency relief measures and/or activities. In either of these eases, only the Secretary, Deputy Secretary or his or her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the Agency under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential disaster area or actual disaster area. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each provider, among other requirements, must anticipate and prepare for the loss of information 18 12. 13. 14. 15. Rate Agreement No.Q~ processing capabilities. The routine backing up of dam and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of provider functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. Volunteers Thc Area Agency on Aging will promote thc usc of volunteers as prescribed in Section 306(a)(12), Older Americans Act and Section 430.07, Florida Statutes. In addition, thc Area Agency on Aging will increase thc usc of volunteers in thc planning and service area by providing training, technical assistance and funding, where possible, to their provider agencies. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) ProD:am to be at risk of placement in an institution and referred to the Older Americans Act Program will be given primary consideration for services to prevent institutional placement. Business Hours Providers must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. Client Information and Registration Tracking System (CIRTS) Service Provider Agencies must enter all required data per the Agency's CIRTS Policy Guidelines for OAA clients and services in the CIRTS on a monthly basis. The data must be en~.red into the CIRTS before the Service Provider Agencies submit their request for payment and expenditure ret)om to the Area Agency. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the Department of Elder Affairs. be Service Provider Agencies will run monthly CIRTS reports and verify that client and service data in the CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and 19 JAN Z 0 1998 16. 17. Rate Agreement No. OAA 203.98 expenditure report and must be reviewed by the Area Agency before the service provider'$ request for payment and expenditure reports can be approved by the Area Agency. Failure to ensure the collection and maintenance of the CIRTS data may result in the Agency enacting the "Suspension" clause of this mm agreement (see Section ~"~, D.). Client Outcomes The provider will develop client o,ncome measures consistent with those developed by the agency, including the following: * Elders will live in the least restrictive and most appropriate setting · Services will be provided to those elders most in need · Frail elder functional status is maintained or improved · Long-term care resources are efficiently and effectively used · Client environment is maintained or improved · Social interaction is improved · Nutritional risk is reduced · Caregiver emotional and physical health are maintained or improved · Elders, families znd/or caregivers .are better informed so that eiders are better able to exercise autonomy and make informed choices In preparation for performance-ba~d program budgeting, the Department of Elder Affair~ will set targets for the perforrv.'mce of outcome measures. These targets will be amended into contracts. The provider will be responsible for achieving these targets. Prioritization Policies The provider shall develop and implement policies and procedures to ensure Older Americans Act fund services are provided to those with greatest social and economic need, with particular attention to Iow-income minorities. Individuals who have two residences and who are requesting services shall be referred to the Community Care for the Elderly Copayment for Service program. These policies and procedures are to be furnished to the agency as pan of the 1998 Service Provider Application. 2O JAN 2 0 ~q.qa Pg,~ Rate Agreement Name, Mailing and Street Address of Payee: The name (provider name as shown on page I of this rate agreement) and mailing address of the official payee to whom the payment shall be made: Martha Skinner Collier County Services for Seniors Collier County Government Center 3001 Tamiami Trail, E., Bldg. H Naples, FL 34112 (941) 774-8443 o The name of the contact person, street address and telephone number where financial and administrative records are maintained: Collier County Services for Seniors Collier County Government Center 3001 Tamiami Trail, E., Bldg. H Naples, FL 34112 (941) 774-8443 IN WITNESS THEREOF, the parties hereto have caused this ~ page rate agreement to be executed by their undersignes!' officials as duly authorized. AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. PROVIDER: Collier County Services for Seniors SIGNED SIGNED BY: BY: NAME: Barbara B. Berry NAME:. TITLE:_ f"b~'i ?n TITLE: DATE: DATE: FEDERAL ID NUMBER: 596 000 538 PROVIDER FISCAL YEAR ENDING DATE: Ramiro Mana, Chief As'sistant County Attorney JAN 2 0 _ Pg*,~ 01/01/98 Rate Agreement No.~_~l~_~_~ ATTACHMENT CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR RATE AGREEME~$_. GRANTS, LOANS AND COOPERATIVE The undersigned certifies, to the best of his or her knowledge and belief, that: No fede~ appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any state or federal agency, a member of congress, an officer or employee of congress, an officer or employee of the state legislature, or an employee of a member of congress in connection with the awarding of any federal grant, the making of any federal grmat, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal rate agreement, grant, loan, or cooperative agreement. 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 rate agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts rate agreements, subgrants, and rate agreements unde grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingl 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 $10,000 and not more than $100,000 for each such failure. Signature Name of Authorized Individual Collier County Services for Seniors Collier County Government Center 3001 Tamiami Trail, E., Bldg. H Naples, FL 34112 Name and Address of Organization Date OAA 203.98 Application or Rate Agreement Number Age.~ ].tie~ .o. JAN 2 0 · em Ol/Ol/¢S DO£A Form 112A October 1993 Rate Agreement No.~.98 ATTACHMENT I! CERTiFiCATiON REGARDTNG DEBARMENT. SUSPENSION. 1ArELIGTBTLITY AND VOLUNTARY EXCLUSION pATE AGREEMENTS/SUBCONTRACTS This certification is required by the regulation implementing Executive Order 12:549, Debarment and Suspension, signed February; 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (I) (2) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded t'rom participation in rate agreement with the Department of elder Affairs by any federal agency or agency. Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Name and Title of Authorized Individual Date ~~Services for Seniors Name of Organization App'~-c~a$ tO legal form ~ ~ by; :23 Rate Agreement No.Q~ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION RATE AGREEMENTS/SUBCONTRACTS RATE AGREEMENTS Each provider whose rate agreement equals or exceeds $25,000 in federal monies must sign this debarment certification prior to rate agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Neither the Area Agency on Aging nor its rate agreement providers can contract with subcontracts if they are debarred or suspended by the federal government. This certification is a material representation of fact upon which reliance is placed when this rate agreement is entered into. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. The provider shall provide irrunediate written notice to the rate agreement manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "debarred,' "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Pan 76. You may contact the rate agreement manager for assistance in obtaining a copy of those regulations. The provider further agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from panicipation in this rate agreement unless authorized by the Federal Government. The provider further agrees by submitting this certification that it will require each subcontractor of this rate agreement whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification with each rate agreement. e The Area Agency on Aging ~nd its rate agreement providers may rely upon a certification of a provider that is not debarred, suspended, ineligible, or voluntarily exclude from rate agreement/subcontracting unless it knows that the certification is erroneous. 24 Agenda. It, e~ No. JAN 2 0 Lq.qB Pg.~ .. . ,. ATTACHI~JENT !II .,. FINANCIAL AND COMPLIANCE AUDITS This attachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, ~nprofit organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the agency during its fiscal year. The provider has 'received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the cur~ent Government Audltino Standards {'Yellow Book'} issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB1 C~cul~r A-128. Audits of State and Local ~Y.~ZI:~. Nonprofit providers receiving federal funds passed through the agency shall comply with the audit requirements contained in OMB Circular A-133. Audits of Institutions of Higher I_earnlnn and Other Nonorofit Institutions, except as modified hereln. Such audits shall cover the entire organization for tho organlzatlon's fiscal year, not to exceed 12 months. The scope of the audlt performed shall include the financial audit requirements of the 'Yellow Book', and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state rate agreement by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findlngs related to rate agreements with the agency shall be based on the rate agreement requirements, including any rules, regulations, or statutes referenced in the rate agreement. Where applicable, the audit report =hall include a computation showing whether or not matching requirements were met. All questioned costs and liabilltles due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency rate agreement involved. These requirements do not expand the scope of the audit as prescribed by the 'Yellow Book'. If the provider has received any funds from a grants and aids appropriation, the provider will also submit a complianc~ 'eports{s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of fi~.ancia isistance which rate agreements are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management latter, and all other correspondence, if any, related to audit,* performed by independent auditors, other than the Auditor General, shall be submitted within 150 days after the end of provider's fiscal year, unless otherwise required by Florida Statutes, to the following: Chief Financial Officer {3 copies} Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 Submit to this address only those reports prepared in accordance with the rules of the Auditor General. chapte 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 e provider shall ensure that audit working papers are made available to the agency, or its deslgnee, upon request for iod of five years from the date the audit report is issued, unless extended in writing by the agency. A Form 104A I JC]eflrll ,I.T. lm I 25 .. · .. PART 11: GRANTS AI~.rD AfDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either {~. } a Ioc31 government entity or nonprofit organization receiving a total of less than $25,000 from the agency during its fiscal year or {2.t a for-profit organization receiving any amount from the agency. The provider has 'received' funds when it has obtained cash from agency or when it has incurred expenses which will be reimbursed by the agency. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submlt a compliance report[s) in accordance with the rules of the Auditor General. chapter 10.600. The audit report shall include a schedule of financial asslstance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. VVhere appllcable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. If the amount received from grants and aids appropriation awards exceeds $25,000. but does not exceed $100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which a~ests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount rece.ved from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 150 days after the provider's fiscal year end to the following: Au Chief Financial Officer {3 copies} Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 B. Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. PART II1: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1} a local government entity or nonprofit organization receiving a total of less than $25,000 from the agency during its fiscal year or 12) a for-profit organization receiving any amount from the agency. The provider has 'received' funds when it has obtained cash from the agency or when it has,incurred expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. ~OEA Form 1~1~ t130t$2 26 / ATTACHMENT IV RATE AGREEMENT REPORT CALENDAR ADVANCE BASIS ]lATE AGREEMElqT TITLE III BASED ON RECEWrS PROVIDER AAA RE1K)RT REQUEST FOR & ~'~PF2~ITURES I:~UEST P, EQL~.ST NUMBER MOhWH OF REPORT l,'O~ DUE TO AAA DUE TO DoEA I JANUARY ADVANCE ' DEC 15 JAN 1 2 } .~BRUARY ADVANCE ' DEC ! 5 JAN 1 3 MARCH .tAN ID~PENDrrI.,q~ RPT FEB 10 I"'EB 1 4 APRIL FEB EXPENDITURE RPT MAR i0 MAR 5 MAY MArt ~L'~PEh~ITU~E RPT APR 10 APR ! g JUN~ APIt I~PE~DITURJ~ RPT MAY I0 MAY 7 J'dLY MAY .~.~PI~ITUI~ P~r JUh~ 1o JUNE g AUGUST J~qE EXPENDITUP~ Pd~r JULY 10 ~YLY 9 SEPTEMBER ,E}'LY EXPEh~D1TURE RPT AUG I 0 AUG 1 10 OCTOBER AUG F. XPENDri~}RE RP'r SEPT I0 SEPT I 1 NOVEMYsER SEP EXPENDITURE RPT OCT 10 OCT 1 12 DECEMBER OCT EXPEN'Drr~%E RPT NOV 10 NOV 13 " NOV F. XPENDFrURE RPT DEC 10 DEC 15 14 ,, DEC EXPk~DI'~iRE IH*T JAN 10 JAN 15 15 .. Ir4NAL PAYM~"%rr RJJQU ""~T I' "E.B 1S M~R I~ FINAL CLOSEOUT PACKAGE FEB 2~ .MAR NOTE #1: NOTE #2: NOTE #3: NOTE · * fiubmi~ion of ~dit~c ~ ~)' or m~' ~t g~cmtc a ~t r~uc~t h' fi~l cx~dimg rear gll~ ~ d~ ~ ~ tim ~t of Elder ~lh~. ~)~cnt is ~ a~m~y fl~c tong. Reda ~ I lbr Adv~ B~i~ ~n~:~ ~t ~ ~abmifled to fl~c S~ ~mp~ollcr prior ~ ~X~F~ conwact lm~ tm~ fully ~ccu~ ~d a ~W ~nt ~ fl~c ~mp~ll~. Acc~cy ~d timely r~ipt e~fi~. ~r ~ub~ion for ~t ~' ~ de~d or ~,: l~t m~ ~nd~ of fl~c p~dWs fi~ m~ ~v~g a:~l cx~d~c~ fl~uld rcfl~t ad~ for fl~e fi~t m'o mon~ of~e If fl~e pm~d~ ~t due ~ ~ ~ ~ ~k~ or ~li~ flt~ d~dl~e ~411 ~ tim ~in~ Ffi~y. 27 ,~?_,_., _Z~L ATTACHI~NT V OAA SERVICES CASE MANAGEMENT Case Management is a service which assists clients in gaining a~ to needed services, including any needed medical, educational and other services, regardless of the funding source for such services. Case tn·rag·rs shall be responsible for ongoing raonitoriag of the provision of services included in the client's care plan. They shall also initiate and oversee the process of assessment and reassessmeat of the client's level of cere and review of cere plans at specified intervals. Uult of Service - one hour of direct service with or on behalf of a client, including travel time related to client. Time spent with a ceregivet is also included whco it relates to the client's situation. CHOR~ Chore is del'reed as performance of house or yard risks including such jobs as seasonal cleaning, essential errands, yard work, lifting and moving, simple household repairs, pest control, and household maintenance for eligible persons who are unable to do these tasks for themselves because of frailty or disability. Unit of Service - one hour of direct service or on behalf of a client. CONGREGAT~ MEALS A Congregate Meal is a meal served to an eligible person ia a congregate meal site, which complies with the Dietary Guidelines for Americans, end meets at least one-third of the current daily Recommended Dietary Allowances (RDA), as established by the Food and Nutrition Board of the National Academy of Science~. Unit of Service - one meal served to an eligible person. CONGREGATE NUTRITION EDUCATION Congregate Nutrition Education is · formal program of regularly scheduled presentations that promote better health by providing accurate and culturally sensitive nutrition, physicel fitness, or health information related to nutrition. Instruction is done in · group setting. A dietician or individual of comparable expertise must oversee the information provided. U~t of' Service - one episode. HOME DELIVERED MEALS A Home Delivered Meal is a meal which complies with the Dietary Guidelines for Americans and meets one-third of the current daily Recommended Dietary Allowances (RDA), served in the home to a functionally impaired homebound older person. Unit of Service - one meal delivered. 28 Home Delivered Nutrition Education is a formal pro,'am ~ promote~ be~er health by providing accurate and culturally sensitive nutrlt~on, physical fitness, or health information (reLued to nuttltion) to elders or their care givers in an individual ratting. A dietician or individual of comparable expertise must oveaee th~ information provided. Unit of Service - one episode of face to face education with a home-bound client or car·giver, or one mailing or dclivcry of materials to all home-bound clients. HOMEMAX,IU~ Homemaker sen, ice is defined u tho accomplir~rnent of speclfi¢ home management dutle~, including housekeeping, meal planning and preptratlon, shopping uslstsace sad rout/ne household actlvlt~es performed by a trained homemaker. Unit of' Service - one hour of direct service. Hous~ IMPROVEMENT Housing Improvement is dcf'med as providing home re. pairs or ·Iterations for an eligible .-.'.non, or uslstance in obtainlr, g needed repairs or ·Iterations for the client's home; ·rnmging for home improvement grants or {¢.~ns: provtding ~sisctnce to obtain adequate housing; securing fuel and utilities, and provision of pest exterminating services. Housing Improvement may encompus repairs requiring · pern~t for completion. Unit of Service - one hour of direct service. INFORMATION Information is defined a~ responding to tn inquiry from · person, or on behalf of· person, regarding resources and available services. It docs not require in-depth ·sse~ment of need, not sub..equent follow up attempts to sec that caller rec~i',,e a service. It is not defined by either the time spent answering an inquiry, or by the number of questions z. sked or answered within a conversation. ~nformation also does not require that intake information be gathered on the indivld.al requesting information. )~edia and / or administrative inquiries should not be documented as information. Unit of Service - one episode (one person informed.) LEGAL A.~$L%'TANCE Legal Asslst. ance is defined as meaning "legal advice and repter, entatlon by an attorney (including to the extent feasible, counseling or other appropriate traistance by a par·legal or law student under the supervision of an attorney), and includes counseling or representst~on by · notdawTer when permitted by law. to older individuals with ecenom~¢ or soc..'al needs. · Legal Assi...~nce is intended to protect the basic civil rights and ensure the autonomy and independence of older persons. Community or group legal educations rd~ll not be included in · unit of Legal Assistance. Unit of $ervlce - one hour direct service with or on behalf of a client. 29 iAgen.d.a Jtttm. No.//'~/'C~ / ,IA N 2- 0 Outreach is del'meal ts making ·clive efforts to reach target group individuals, either in a conu'nunlty setting or in a neighborhood with hrge numbers of low income n'~nor/ty elderly, making one-to-one contact, identifying their service need. sad encouraging their use of'avail·bin resources. Outreach activities cannot be counted for individuals already receiving say Older Americans Act Unit of Service - Pb'BMC 1:--DUCATION one episode (One individual contact between a service provider and aa elderly person; contact must be agency initiated and conducted on a one-on-~ne basis.) Public Education is del'reed ts speaJdug to groups or distributing mat·ri·Is about services sad opportunities available within . communities to individuals at public g·therlngs. It is aa re:tess service and differs from L~formatlon sad Outreach in that Public Education is provided to groups and/or in group r,~tlngs. Unit of Service - Episode (one person informed.) REFERRAL Ret'crral is defined as ·n activity wherein information is obtained about · person's nee. ds and the person is directed to a pe."ticuhr resource; contact with the resource is made for the person as needed; follow-up is a mandatory part of Referral and is conducted with the referred person and/or the re. source person to determine the outcome of the referral. Follow-up must be made within ten calendar days of'the Referral. Agencies making referrals will need to obtain intake inform~tlon from the client to be used ts part of the referral process. Unit of Service - SCREENING AND ASSESSMENT episode (one contact with · client or one contact on behalf of'a client is one unit of Referral. The unit of Referral is counted when the follow-up is complet-.d.) Screening/Assessment in OAA Title Ill B is defined as administering standard examinations, screening instruments, procedures or tests for the purpose of gathering information about an applicant for servicr, s or · current client to determine need and/or eligibility for services. Unit of Service - TRANSPORTATION one hour with or on behalf of ·pplieant/client Transportation is defined as travel to or from service providers or community re. source. Unit of Service - one client one-way trip. (The single entrance, travel to · destination, and exit ufa client from a transportation v~icle is counted as one unit. 3O o 0 0 er' n" C~ EXECUTIVE SUMMARY. APPROVAL OF MODIFICATION #1 TO THE STATEWIDE MUTUAL AID AGREEMENT ~ That the Board of County Commisslonen approve a modification to the Statewide Mutual Aid Agreement between Collier County, various other Florida counties and municipalities, along with the Department of Conununity Affairs, Division of Emergency Management. CONSIDERATION: Collier County adopted a Statewide Mutual Aid Agreement on April 13, 1993. This agreement was approved by the Department of Community Affairs, Division of Emergency Management on January 15, 1997. During the last status update in December 1997, it was determined that Collier County has not adopted Modification #1 to the agreement. This modification was developed and distributed on October 21, 1994. The modification was based on comments received from several local government Risk and Emergency managers. The modification eliminates the term "Catastrophic". Mutual aid can now be requested whenever the emergency or disaster is beyond the capabilities of the affected jurisdiction. The modification also defines a political subdivision as either a county or municipality and requires the assisting party to complete a written acknowledgment recording the assistance to be rendered. The assisting party is responsible for reimbursing any amounts paid or due as benefits to its own employees under the terms of the Florida Worker's Compensation Act due to personal injury or death occurring while rendering aid under this agreement. The terms of the agreement require sixty (60) days advance written notice for termination and it also changes Appendices A, B, and C to Exhibits A, B, and C. FISCAL IMPACT: None. ~;ROWTH MANAGEMENT IMPACT: None. JAN 2 0 lgg8 RECOMMENDATION: That the Board of County Commi~oners approve the KEVIEWED BY: RL:VI~WF~ BY: REVIEWED BY: Services Ad~n~strator JAN 2 0 '1998 THIS AGREEKENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, S~':~I~; ~." ..'"~--£.~TE THAT E~ES ~g ~S ~ T~ ~g CONDITIONS CONTAINED HEREIN, BASED UPON THE FO~?OWING FACTS: WHEREAS, the State Emergency Hanagement Act, Chapter 252~ Florida Statutes, authorizes the state and its political subdivisions to develop an~ enter into ~utual aid agreements for reciprocal e~ergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and WHEREAS, Chapter 252, Florida Statutes, authorizes the State to enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state any real or personal property of the state government or the t~mporary transfer or employment of personnel of the state government to or by any polit~cal subdivision cf the state; and WHEREAS, Chapter-2S2, Florida Statutes, authorizes the governing body of each political subdivision of the state to enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political JAN 2.0 1998 subdivision may equip, maintain, utilize, and operate any such property and employ necessary perso~el ~refor ~n accord~ce w~ the pu~oses for which such contract ~s exe~ted, and to o~e~isa do all ~lngs and p~rfo~ any ~d all acts which ~t may d~em necassa~ to effectuat. ~a pu~ose for which such contract vas entered ~nto~ and ~~S. ~apter 252. Florida Statutes~ authorizes ~e Division of ~ergency Management to make avaklable any e~pment. seduces, or facilit~es o~ed or organized by ~e state or its political subdivisions for use ~n the affected area upon re.est of the duly constituted authority of'the area or upon the re.est of any recognized and accredited relief agency through such duly constituted authority~ and ~E~AS. Chapter 252. Florida Statutes. authorizes the D~v~s~on of Emergency Management to call to duty and othe~se provide, within or w~thou= the state, such support from available personnel, e~pment, and other resources of state agencies and ~e polit~cal subdivisions of the state as may be necessa~ to re.n force emergency management agencies ~ areas ~str~cken by emergencies; and ~E~S. Chapter 252. Florida Statutes. re. Ires that each municipality must coordinate re~ests for state or federal ~ergency response assistance with Its co~ty~ and ~E~AS. the State of Florida ~s geographically ~lnerable to hurricanes, tornadoes, freshwater flooding, s[n~ole JAN 2 0 19 L, "?'_. _" / fornations, and other natural disasters that. in the past have caused severe disruption of essential human services and severe o~e~ gove~en~ o~ed ~acill~les~ ~~, ~e Panics ~o ~is A~eenent ~eco~i~e a~i~ional =an~owe~ an~ e~nen~ f~e= ~age an~ =esto=e v~tal se~ces a~fec~e~ co~u.~y shoula such ~~, to prov~e the most effective mutual a~ possible, each ~art~c~at~ng Gove~e~t, ~e~s to foster co~un~cat~ons betwee, the pe=so~el of t~e other v~s~s, co~p~la=~o~ of asse~ ~nve~or~es, exchange of ~fo~a=~o. a~ develo~en= of pla~s an~ procedures ~o ~n~lene~t ~h~s Agree=eat; ~OW, T~E~FO~, ~he Pa~ies hereto agree as follows: SE~IO~ 1. DEFINITIONS q$6.~. ~/ A, "'AGREEHENT- -.th: Statewide ~[utual Aid Agreement4~w- /~ _~-__~rg=n:~' ~-=~-n:_-;.~.==:'.':~. Political subdivisions of the State of Florida may become a party to this Agreement b~ executing a copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida Division of Emergency Management. Copies of the agreement with original signatures and copies of authorizing resolutions and 3 J l N 2...~ 1968 insurance letters shall be filed and naintained at the Division headquarters in Tallahassee, Florida. B. "REQ~ESTZN~ PARTY" - the part~¢ipating government entity re~esting · ~lcipality must coordinate re~ests for state or federal ~ergency response assistance ~rough its co~ty. C. "~SISTIN~ ~TY,' - ~e pa~lcipating gove~ent entity f~nishing e~lpment, se~ices and/o= ~anpower to ~e Re~esting Party. D. "AUTHORIZED ~P~SE~ATI~,, - an employee of a participating gover~ent au~ortzed In ~lting by tha~ gove~ent to re,est, offer, or provide assistance ~der the te~s of this Agreement. The list of authorized representatives for the / pa~ictpating gover~en~ executing ~ls Agreement shall be attachea as ~X to ~he exec=~ea co~y o~ the Xqreemen~ suppliea ~o ~he D~v~s~on, aha shall ~e upaa~ea as nee~ea ~y each E. "DIVISION" - ~e State of ~lorida, Depar~ent of e Co~ity Affairs, Division of ~ergen~ Management. F. "E~RGENCY,, - any occurrence, or ~reat thereof, whether natural, or caused by man, An war or im peace, which results or may result in substantial A~Ju~ or ha~ to the' pogulatton or s~stantial damage to or loss of property. 4 O. -DISASTER" - any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result ~n a declaration of a state of eme~en~ by a county, H. ttP~TICIPATIN~ ~~~" - ~e State of Florida ~d any polit~oal s~dlv~sion of ~e State of Florida which exe~tes ~s mutual a~a a~eement an~ supplies a complete exe~te~ copy to ~e Div~sion. I. "PERIOD OF ASSIST~CE' - ~e per~ of t~me begl~ng w~ the departure of any personnel of the ~s~st~ng Pa~y from any point for the pu~ose of traveling to ~e Re~est~ng Pa~y ~n order to provide assistance and ending upon the return of all personnel and e~pment of the Assisting Pa~y, after provid~ng thb assistan=e re~ested, to their res~en=e or re~lar place of work, wh~=hever o==urs first. ~e per~o~ of ass~stan=e shall not ~nclude any po~ion of the tr~p to the Re~est~ng Pa~y or the return trip from ~e Re~esting Party during which the perso~el of ~e Ass~s~ng Pa~y are engaged ~n a course of condu=t not reasonably ne=essa~ for their safe arrival at or 'retu~ from ~e Re~est~ng Party. J. -Wo~ OR WORK-~TED PERIOD" - any per~od of ti~e in which either the personnel or e~ipment of ~e Assisting Pa~y are being used by ~e Re~esti~g Pa~y to provide assistance and for which the Re~esting Party will rel~se the Assisting Par~y. Specifically Included within such period of time are rest breaks when the persormel of the Assisting Party will return to active work within a reasonable time. Specifically .excluded fro~ .uch. p.r,od of_ ti.. ar. br.ak~a,t, lunch, and dlnnar breaks. When a participating qovernnent either becomes affected by, Invoke emerqency related mutual aid assistance either declaring a state Of local emergen~ and transmitt~ng a copy of that declaration to the Assisting Pa~y, or to the D~vlslon, or (~) by orally co~un~cat~ng a re.est for mutual a~d assistance to Assisting Party or to the Division, followed as soon as practicable by written conf[~at[on of said re.est. Mutual aid shall not be re~ested by Participating Gover~ents unless resources available within the stricken area are deemed re~ests for mutual aid shall be transmitted by the Au~or[zed Representative or ~e D~rector of the ~cal ~ergency ~anagement Agent. Re~ests for assistance may be co.un[cared e~er to the D~vis~on or d~rectly to an Assisting Pa~y. Re~ests for assistance under th~s Agreement shall be l~mited to ~ disasters, except where the Participating Gove~ent h~s ~ other mutual aid agreement e ~, 1~2.;~ ;= ~{].01., .~a ~. ~STS ~X~CTLY ~ ~SXST~ ~TY= ~e Re~es~in~ Pa~ nay directly ~onta~ ~e authorized representative of ~e Ass~sting Pa~y ~d shall provide ~ w[~ ~e ~nfo~a~[on ~n para~aph C below. ~1 co~cat~ons shall be conducted d~rectly between ~e Re~esting and ~s~sting Pa~y. Each pa~y shall be respons~le for keeping ~e Division advised of ~e status of ~e response activit~es. ~e D~v~sion shall not be responsible for costs associated w~th such direct re~ests for assistance.' However, ~e Division may provide, by ~le, for re~ursenent of eligible e~enses from the ~ergency ~anagement Preparedness and Assistance T~st ~nd created under Section 252.373, Florida Statutes. B. ~QUESTS RO~ED THROUGH; OR ORIGI~TING FROM; THE DIVISION= The Re~esting Party may directly contact the D~vlslon, ~n which case ~t shall provide the Division with the ~nfo~ation in paragraph C below. The Division may ~en contact other Participating Gover~ents on behalf of ~e Re~esting Pa~y and coordinate ~e provision of mutual aid. The D~v[s[on shall not be responsible for costs associated w~th such ~nd~rect re~ests for assistance, unless tho D~v~s~on so indicates in writing at the time it transmits the re,est to the Assisting Party. In no event shall the D~v~s~on or the State of Florida be JAN 2 0 1998 responsible for costs associated with assistance in the absence of appropriated funds. In all cases, the party receiving the ~utual aid shall be pFimarlly responsible for the costl incurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. C. RE9UIRZD I~TOlU~A~ION~ Each request for assistance shall be accompanied by the following information, to the extent known: A general description of the damage sustained; Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed; 3. Identification of the public infra~tructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed; 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; ~aquesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency go~s and ~e~ices ~ e ~~ t~e . anyplace fo~ a ~epresentative o~ ~e ~e~esting Pa~tM to meet ~e perso~el and e~lpment of any Assisting Pa~y. ~s ~nfo~at~on may be provided on the fo~ attached as E~t B, or by any other available ~eans. ~e D~v~s~on may rev~se the fo~at of E~b~t B s~se~ent to ~e exertion of ~s agreement, ~n which case ~t shall d~str~bute co~p~es to all ~icipating ~overnments. The need for sites, structures or buildings outside the D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE= When contacted by a Requesting Party or the Division the authorized representatives of any participating government agree to assess their government's situation to determine available personnel, equipment and other resources. ~1 participating governments shall render assistance to the extent personnel, equipment and resources are available. Each participating government agrees to render assistance in accordance with the terms of this Agreement to the fullest extent possible. When the authorized representative determines that his Participating Government has available personnel, equipment or other resources, they shall so notify the Requesting Party or the 9 JAN20 gS Division, whichever conmuntcated the request, and provide the ~nfor~ation below. The Division shall, upon response from sufficient partic~pat~ng part,es to ~eet the needs of the Requesting Party, not~fy the authorized representative of the Reqvest~ng Party and provide them w~th the following ~nfor~ation, to the extent known: 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party~ 2. The estimated length of time the personnel, equipment, and naterials will be ava~lable~ 3. The areas of experience and abilities of the personnel and the capability of the equipment to be furntshed~ 4. The name of the person or persons to be designated as supervisory personnel~ and 5. The estimated tine when the ass~stanc& provided will arrive at.the location designated by the authorized representative of the Requesting Party. E. SUPERFISiONAND CONTROL~ The personnel, equipment and resources of any Assisting Party shall remain under operational control of the Requesting Party for the area In which they are serving. Dire~t supervision and control of said personnel, equipment and resources shall remain with the designated supervisory personnel of the Ass~sting Party. Representatives of the Requesting Party shall provide work tasks to the supervisory 10 personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the responsibility and authority .for assigning work and establishing work schedules for the personnel of the AssistLng Party, based on task or mission assignments provided by the Requesting Party a~d the DLv~sion. The desiqnated supervisory personnel of the Assisting · Party shall: maintain daily personnel time records, mater~al records and a log of equipment hours~ be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party~ and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provid.ed to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided.. F. FOODI HOUSIN~ SELF-SUFFICIENCY UnleSs specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equip~ent should be, to the 11 .I N 2 0 1998 greatest extent possible, self-sufficient for operations in areas stricken by emergencies or disasters. The Requesting Party may specify only lair-sufficient personnel and resources in'its request for assistance. - O. COKMUN[CATIONSt Unless specifically instructed otherwise, the Requesting Party shall hayer he responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. H. RIGHTS AND PRI?ILEGES Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall recelYe the compensation, incidental to their employment. I; WRITTEN ACKNOWLEDGEMENT The~ Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the information transmitted in the request, and shall transmit it by the quickest practical means to the A~-~T~Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as ~.~ C. The Assisting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the 12 JAN'2 0 1998 .. .Pg._. ' ..- · ~Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBUTTSABLE EXP£NSES - The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be An accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified An the written acknowledgment executed An accordance with paragraph 2.I. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. X. PERSONNEL - During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses incurred during the period, of assistance, including, but not limited to, employee pensions and benefits as pro.v~ded by Generally Accepted Accounting Principles ~GAAPI .- - . , reCOurse any amounts pa~d or du. for compens~mployees of the Assisting Party under the te~~ F~or~da Workers, Compensation Act due to~nJu~ or dea~ occurring wh~le such e~loye~ed ,n render,ng a,d u~der ~,s Agreement. --~- 13 Reque$~ing Party and shall be considered ~n the "dua~ent" supervision and control of ~oth for benefits re~lre~ ~a~.d ~o ~. e~ployees due ded for ~n the Florida Workers' Compensation Act. B. EQUIP~ - The Assisting Party shall be re~ursed by the Re~est~ng Party for the use of ~ts e~pment during the per~od of assistance according to e~ther a pre-established local or sta~e hourly rate o= according to the actual replacement, operation, and maintenance e~enses incurred. For those ~nstances in which costs are re~ursed by the Federal ~ergency Hanagemen~ Agency, the eligible d~rect costs shall be detect,ed ~n accordance with 44 CFR 206.228. ~e Assisting Party shall pay for all repairs to its e~pment as dete~ned necessa~ by on-s~te supe~sor(s) to maintain such e~pment '~n safe and operational condition. At the re,est of the Assisting Party, fuels, m~scellaneous supplies, and m~nor repa~=s may be provided by the Re~est~ng Party, ~f practical. T~e total e~pment charges to the Re~est~ng Party shall be reduced by the total value of the fuels, suppl~es, and repairs furnished by the 14' Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C, HA.TERIALS ~ND SUPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established in 3.B. above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Assisting Party's personnel. The Assisting Party's Personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228. In the alternative, the Parties may agree that the Reques.ting Party will replace, with like kind and quality as determined by the .Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and tra~smitted to the Division: D. P~ECORD KEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or the Division using format used or required by FEMA publications, including 44 CFR part 13 and applicable Office of Management and Budget Circulars. Requesting Party and Division 15 .JAN 2 0 1998 finance personnel shall provide infor~at~on, directions, and &ss~stance for record keeping to Ass~sting Party personnel. E. PAINT - Unless otht~is~ ~utually ag~td ~n ~tt~n ac~owledg~m~nt exe~t,d ~n accordance ~i~ paragraph 2.I. or a s~se~ent ~itten addend~ to ~e ac~owledg~ment, Assisting Pa~y shall bill ~e Re~esting Pa~y for all re~ursable e~enses vl~ an ltemize~ Not~ce as soon as practicable after ~e e~enses ar. ~n~rred, but not later si~y (60) days following the per~od of assistance, ~less deadline for ~dent~fy~ng damage ~s extended ~n accordance w~th 44 C~ part 206. The Re~esting Party shall pay the b~ll, or advise of any disputed ~tems, not later than s~xty (60) days following the billing date. These timeframes ~ay be modified by mutual agreement. Th~s shall not preclude an Assist~ng Pa~y or Re~esting Pa~y from ass~ing or donating, ~n whole or the costs .associated with any loss, damage, e~ense or use of e~ipment and resources provided to a Re~esting personnel, Party. F. PAYHENT BY OR THROUGH THE DIVISiONs ThE Division of Emergency Management may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to the request of the Dlv~sion, to the extent of funds available, and contingent upon an annual appropr~ation from the Legislature for such purposes. The Ass~sting Party shall be responsible for making written request to the Division for reimbursement of travel and subsistence expenses, prior to submitting a request for payment to the Requesting Party. The AssLsttng Party's written request should be subnLtted as soon as possible after expirat~on of the per~od of assistance. The Division shall provide a written response to said requests within ten (10) days of actual receipt. If the Division denies said request, the Assisting Party shall then bill the Requesting Party. In the event that an affected ~urisdict~on requests assistance without forwarding sa~d request through the Division, or an assisting party provides assistance without having been requested by the Division to do so, the Division shall not be liable for reimbursement of any of the cost(s) of assistance. The Division nay serve as the eligible entity for requesting reimbursement of eligible costs from FEMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Division may authorize applications for reimbursement of eligible costs from the undeclared disaster portion of the Emergency ~an~gement Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, An the event that the disaster or emergency event is not declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-707. Such applications 17 JAN 2 0 1998 shall bt evaluated pursuant to rules established by the Division, and may be funded only to the extent of available funds. SECTION sECTzo 4. Each participating gove:nment shall bear the risk of its own actions, as it does with its day-to-day operations, and deteraine for itself what kinds of insurance, and in what amounts, it should carry. If a participating goverrment is insured, its file shall contain a letter from its insurance carrier authorizing it to provide and receive assistance under this Agreement, and indicating that there will be no lapse in its insurance coverage either on employees, vehicles, or liability. If a participating government is self-insured, its file shall contain a copy of a resolution authorizing its self-insurance program. A copy of the insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Division. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this..agreement. The amount of reimbursement from the Division or the ~equesting Party shall be reduced by the amount of any insurance proceeds to which the Assisting Party is entitled as a result of losses experienced in rendering assistance pursuant to this Agreement. SECT Oa S. LLMLLL/J/ To the extent permitted by law, and without waiving · sovereign i~nunity, each Party to this Agreement shall be responsible for &ny and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of personnel, in providing ~utual aid assistance rendered or performed pursuant to the terms and conditions of th~s Agreement. SECTION 6. LENGTH OF TIME FOR E~ERGENCY The duration of such state .of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 7 day ~ncrements. SECTION 7. ~ This Agreement shall be in effect for one (1) year from the ...~ .~--,,.--~a renewed in successive one hereof and shall .... n .... ~ ~-, .. -~ . ,~. te~nate~ ~ea~ ~e~s u~ess ~" ~~ the s~a~ be se~e~ ~e~sona~ o~ b~ ~eg~s~e~e~ na~ u~on ~e Co~~Y Affairs, Tallahassee, Florida, vh~ch shall SE~ION 8. EFFE~I~ DATE OF ~IS AGREE~NT ~s Agreement shall be ~n full force and effect upon approval by the particlpa~ing gover~ent and upon proper execution hereof. 19 NO, ' JAN 2 0 1998 SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The responsibilities the Division of Zmergency'Hanagement, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of & participating government, under the circumstances identified in this Agreement; (2) coordinate the provision of mutual aid to a requesting party, pursuant to the provisions of this Agreement; (3) serve as thm from FEMA, upon a Presidential disaster declaration; (4) serve as central depository for executed Agreements; and (5) maintain a current listing of Participating Governments with their Authorized Representative and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. $~VERABILITY= EFFECT ON OTHER AGREEMENTS Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent Jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this A~teement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, Florida Statutes, or lnterlocal agreements, pursuant to Section 163.01, Florida Statutes, those parties agree that said agreements are superseded by this agreement only for emergency nanagenent assista~ca and activities ~erforned in ~ ~~l~pursuant to this agreement, In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, than the terms and conditions of this agreement shall apply unless othe~isa agreed between those partial. 21 IN WITN£SS W~EREOF, the parties set forth belov have duly executed this Aqreement on the date eat forth ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Leqal Sufficiency: Assistant County Attorney EX£C~TED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNKKNTS IN COLL~ER ., COUNTY (attach authorizing resolution or ordinance and insurance letter or resolution f~r each) _ 81G~ORK$CREW FIRE DISTRICT ~ ~'u~/< ,, b~ · ~,~ ~~' Iz/Yl~ ~o~ F~. co~o~ D~S~.~ ~-~--~ Poli~cal Su~ivision - ' Political Subdivision ,, by Authorized Official Date Political Subdivision Poll~ical Subdivision , by. , by Au~horized OffiCial Authorized OffiCial Da~e Poli~ical Subdivision , by Authorized Official Date ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGE~ZNT "AS TOCOLLI£~C0~Ff~D~VZ~6~AD~SCFITO~L~" 22 JAN 2 0 1998 Pg..".' Date: Name o! Government: MUTUAL AID AGREEMENT EMERGENCY ~£SPONSE/RECOV£aY OCTO~£~ 2~ 1997 PLEASE '' T~ Mailing Address: . _3301. ,,EAST-- TAPTA~4! TRAIL. , City, Stare, Zip: NAPLESt FL. 34~12 Authorized Representatives to Contact for Emergency Ass:s:a~:e prtmar? Representative 'Name: ROBERT FERNANDEZ Title: ~TI~TY an~T~T~T~Tn~ Address: same as above Day Phone: f941)774-R~ FAX No.: (941)774-4010 Nigh: Phone:(941)261'0010 let Alternate Representative Name: HIKE McNEES Title: ASSISTANT COUNTY ADHINISTRATOR Address: Day Phone: ~e~% 2nd Alternate Representative Name: LEO OCHS, JR. Night Phone: (941~ 793-788~ Title: SUPPORT SERVICES ADMINISTRATOR Address: same as above · PaX Phone: (941)774-~4~4 Night Phone:(9411 513-2n24 23 JAN 2 0...1998 _ ?_._" '" .I~g~XI~ED XhTOIt~A'~ 3;O~ roach rec~es~. Sot assts~:anca sha:l.:l, be accon]~anied b~ the fo::l, low~g in~o~.'fnation~ to the ex'cent. ~o~A*. Gene~a~ descrlp~ion of ~..~e ~amage sustained= 2. Identif£cation of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transgortation, communications, public works and e~gineering, building, inspection, planning and information. assistance, mass care, resource support, health and other medical servicest search and rescue, etc.) and the particular type of assistance needed= 24 / JAN 2 0 1998 dB _;~':,_..' .-..3-./ REQUIRED INFORHATiON (continued) 3. Ident~ficat~on o£ the public ~nfrastructure system for vh~ch assistance Ks needed (e.g. sanitary sever, potable rater, - streets, or storm water systems) and the type of vo~k assistance needed: 4. The amount and type of personnel, equipment, =aterials, and supplies needed and a reasonable estimate of the length of tL~e they will be needed: $. The need for sites, structures or buildings outside the Requesting Party's polit~cal subd~vision to serve as relief centers or staging areas for incoming emergency goods and services: REQUIRED INFORMATION (continued) A specific time and place for a representative of the Requesting Party to meet the personnel and-e~uipment of any Assisting Party. 26 ACKNOWLEDG~ENT To be completed by each Assisting Party. NAKE OF ASSISTING PARTY~ ~ AUTHORIZED REPRESENTATIVEs . CONTACT NUMB~PROCEDUR~S: j 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: Time Limitations, if any: October 21, 1994 MODIFICATION #1 TO STATEWIDEMUTUALAID AGREEMENT WHEREAS, the undersiTned County/J~~ (strike one), along with 'the Department of Community Affairs, Division of Emergency Management (DEM) and various other counties and munici- palities in the State of Florida,' has entered into the Statewide Mutual Aid Agreement'for Catastrophic Response and Recovery (the Agreement); and WHEREAS, the parties to the Agreement are desirous of amending the Agreement, to revise provisions regarding the handling of workers' compensation claims and to clarify and correct certain other terms and conditions; NOW, THEREFORE, the undersigned signatories agree: 1. The title of the Agreement is revised to read= 'State- wide Mutual Aid Agreement." 2. The introductory paragraph is revised to read: 'THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI- PALITY'THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON- TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:". 3. The first sentence of SECTION 1. ~, paragraph A. "AGREEMENT" is revised to read~ "the Statewide Mutual Aid Agreement." The remainder of that paragraph is unchanged. 4. SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED REPRESENTATIVE" is revised to read: "An employee of a participat- 1 October 21, 1994 ing government authorized in wri=£ng by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorize~ representatives for the participating .government executing this Agreement shall be at=ached hereto as ~Exhibit A,~ and shall be updated as needed by each participating government." S. SECTION 1. D~LTJ~, paragraph H. ,PARTICIPATING GOVE~NT" is revised to read: ,The State of Florida, any county which executes this Agreement and supplies a complete, executed copy to the Division, and any municipality which executes this Agreement and supplies a complete, executed copy to the Divi- sion." 6. A new paragraph K. is added to SECTION 1. to read as follows: "K. ,MAJOR DISASTER~' a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance." 7. The initial, unnumbered, paragraph of SECTION 2. ~F~/~, is revised to'read= When a participating Government either becomes affected by, or is under imminent threat of, a major disaster, it may invoke emergency related mutual aid assistance either by= (i) declaring a state o~ local emergency and transmitting a copy of that declaration to the Assisting Party, or to the Division, or o rally communicating a request for mu=ual aid assis- tance to =he Assisting Party or to the Division, fol- October 21, 1994 lowed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by any Participating Government unless resources available within the stricken area are deemed inadequate by that Participating Government. Municipalities shall coordil nate requests for state or federal assistance with their County Emergency Management Agencies. All quests for mutual aid shall be transmitted by the Authorized Representative or the Director of the Local Emergency Management Agency. Requests for assistance may be communicated either to =he Division or directly to an Assisting PaSty. Requests for assistance under this Agreement shall be limited to major disasters, except where the participating Government has no ocher mutual aid agreement for the provision of assistance related to emergencies or disasters, in which case a Participating Government may request, assistance related to any disaster or emergencl~, pursuant to the provi- sions of this Agreement. 8. SECTION 2. ~Q~, paragraph C. REQUIRED INFORMA- TION, subparagraph, 6 is revised to read= 6. An estimated time and a specific place for. a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. 3 JAN 2 0 1998 ,-' -:..! October 21, 1994 This information may be provided on the form attached as Exhibit "B,# or by any other available means. The Division may revise the format of Exhibit · B" subsequent, to the execution of this agreement, in which case it shall distribute copies to all Partici- paring Governments. 9. SECTION 2. ~, paragraph I. WRITTEN ACKNOWL- EDGEMENT, is revised to reads I. WRiTTEN ACKNOWLEDGEMENT' The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- .tion transmitted in the request, and shall transmit it by the quickest practical means to the ReqUesting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgment is attached as Exhibit C. The Requesting party/Division shall respond to the written acknowledgment by executing and re~urn- lng a copy to the A~sisting Party by the quickest practical means, maintaining a copy for its files. 10. SECTION 3. ~IM~LTRg~Lg EXPOSES, paragraph A. PERSON- NEL, is revised to reads A. PERSONNEL - During the period o~ assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The 4 JAN 2 0 1 998 i ' ,, October 21, 1994 Requesting Part¥ shall reimburse the Assisting Party for all direcU and indirect payroll costs and e~enses (including travel expenses) incurred during the period of assistance, including, bu% not limited to, empl0yee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). However, the Requesting Party shall not be responsible for reimbursing any amounts paid or due as benefits to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. Both the Requesting Party and the Assisting Party shall be responsible for payment of such benefits only'to their own employees. 11. SECTION 7. T32~, is revised to read: This Agreement shall be in. effect for one (1) year from the date hereof and shall be renewed in successive one (1) year terms unless terminated upon sixty (60) days advance written notice'by the Participating Government. Notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Governments. Notice of termination shall not relieve the withdrawing Participating Government from obliga- tions incurred hereunder prior to the effective date of October 21, 1994 the withdrawal and shall not be effective until sixty (60) days after notice thereof has been sent by the Director, Division of Emergency Management, Department of Community Affairs to all other participating Govern- ~entB. 12. , SECTION 10. . is revised to read: Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, F1or{da ~tatutes, or interlocal agreements, pursuant to Sectio~ 163.01, Flor~a ~tat? ~.a, those parties agree that said agreements are G October 21, 1994 superseded by this agreement only for emergency management assistance and activities performed in ma]or disasters, pursuant to this agreement. In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this agreement shall ap91¥unless otherwise agreed between those parties. 13. The document attached to the Agreement and formerly labeled .APPENDIX A," is revised to be titled .EXHIBIT Aw as indicated in the attached EXHIBIT A. The document attached to the Agreement entitled "REQUIRED' INFORMATION" is revised to be titled 'EXHIBIT B" as indicated in the attached .EXHIBIT B." The document attached to the Agreement and entitled .ACKNOWLEDGHENT" is revised to be titled .EXHIBIT C" as indicated in the attached "EXHIBIT 14. This Modification shall become effective only as between those counties and municipalities, and the State of Florida, when they have actually executed a copy of the MODIFICA- TION #1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical terms, and when that copy has been executed by the State of Florida, Division of Emergency Management. JAN 2. 0 1998 O~ober 21, 1994 IN WITNESS WHE~OF, the parties set forth below have duly executed this A~reement on the date set forth below: FOR THE COUNTY: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT: BY: Authorized County Official ~arhara B. ~rry,CHAIRMAN Board of County_ Commissioners Namefritle Date: BY: Date: Authorized Department Official Name/Title DWIGHT E. BROCK, CLERK BY: (Deputy Clerk) Approved as to Form_an~ Legal Sufficiency Thomas C. Palmer, Assistant County Attorney 8 NO. /.' :_ JAN 2 0 1998 pg..:~ ? ,",' October 21, 1994 Date STATEWIDEMUTUALAID AGREEMENT EXI~IBIT A JANUARY S 1998 Name of Government: Collier County Mailing Address:___ City, State, Zip:' 3301 EAST TamiamL~r.~kl_~ Naples, FL 34112 Authorized Representatives to Contact'for Emergency Assistance: Primar? Representattye Name: Robert Fernandez Title: County Administrator Address: same as above (941) Day Phone: FAX No.: 774-8383 [941) 774-40]0 Night Phone: (941)261-0010 1st Alternate Representatiye Name: Mike McNees Title: Assistant C~unt¥ Administrator Address: same as above Day Phone: (941)774-8383 2nd Alternate Representatiye Leo 0cbs, Jr. Name: Night Phone: (941) 793-7880 Title: Support Services Administrator, Address: same as above Day Phone: f941)?74-~464 9 Night Phone October 21, 1994 EXHIBIT B STATEWIDE MUTUAL AID AGREEHENT REQUIRED INF0~TION Each request for assistance shall be accompanied by the following i~formation, to the extent known= 1. General description of the damage sustainedt 2. identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications,' public works and engi- neering, building, inspection, planning and information assis- tance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 10 JAN 2 0 1998 October 21, 1994 REQUIRED iNFORMATION (continued) 3. Identification o~ the public infrastructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the ty~e of work assistance needed: 4. The amount and type o~ personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed: 11 October 21, 1994 REQUIRED INFORMATION (continued) $. The need for sites, structures oF buildings outside the Requesting Party's political subdivis~on to serve as relief centers or staging areas for incoming emergenc~ goods and set- vices~ 6. An estimated rime and specific place =he Requesting Party =o mee= =he personnel Assisting Party. 12 for a representative of and equipmen= of any · JAN 2,0 1998 21, 1994 EXHIBIT C STATEWIDE MtFfUAL AID AGREEMENT ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY~ AUTHORIZED REPRESENTATIVEs CONTACT NUMBER/PROCEDURES~ 1. Assistance To Be Provided= Resource Type Amount Assignment Time Arrival Availability of Additional Resources= 3. TAme Limitations, if any: 13 EXECUTIVE SUMMARY APPROVAL. OF A LEASE AGREEMENT (AND SHORT FORM LEASE AGREEMENT) BETWEEN COLLIER COUNTY AND PRIMECO PERSONAL COMMUNICATIONS. D.J~J,[~-: Approval of a Lease Agreement (and short form Lease Agreement) between Collier County and PrimeCo Personal Communicatiorm. CONSIDERATION: PrimeCo Personal Communications ('PrimeCo'), a Delaware limited partnership, has requested use of two thousand five hundred (2,500) square feet of vacant County-owned property within the East Naples Community Park for the installation and operation of a one hundred fifty (150) foot above-ground monopole communications tower. PrimeCo will be responsible for all costs associated with the construction, operation and maintenance of the tower. The proposed tower is the same type of tower PrimeCo installed at the Vineyards Community Park, which Lease was approved by the Board on May 27, 1997. The monopole will support operations for the transmission of signals for a new form of cellular-type telecommunications called Personal Communications Services (PCS). PCS is a form of mobile telecommunications differing from cellular service in that PCS requires many towers to relay radio transmission signals from pole to pole as telephone poles relay signals, unlike cellular towers which have a wider range of service. PCS is marketed to be a more cost efficient mobile telecommunications service. The tower is equipped to accommodate three (3) separate communications systems. PrimeCo shall utilize one (1) position at one hundred eleven (111 )feet above-ground. Collier County shall be permitted to utilize the 2'~ location at either ninety (90) feet or one hundred ten (110) feet, if needed, without cost to the County. The 3'~ position shall be leased to others by PrimeCo in which the rental payments shall be collected by PrimeCo. The term of the Lease shall be for fifteen (15) years with one (1) option to renew for five (5) years. Tl~e annual rent for the property prior to the installation of the tower shall be twelve hundred dollars ($1,200.00) to be paid at the commencement of the Lease. Once the tower is installed, or after the first year, the rent shall automatically be increased to sixteen thousand five hundred dollars ($16,500.00) annually and shall be paid in advance. Future annual rent shall be due on the anniversary date for each ensuing year of the initial term. Any balance from the preconstruction rent shall be credited towards the first payment of sixteen thousand five hundred dollars ($16,500.00). Commencing with the sixth (6~) lease year, the annual rent for the sixth lease year through the tenth lease year be the annual rent for the fifth lease year multiplied by one hundred and twenty percent (120%). This equates to nineteen thousand eight hundred dollars ($19,800.00) each year for years six (6) through ten (10). Commencing with the first day of the eleventh (11"~) lease year, the annual rent for the eleventh lease year through the fifteenth lease year shall be the rent for the tenth lease year multiplied by one hundred twenty percent (120%), which should be one hundred and forty-four percent (144%) of the rent for the fifth lease year. Therefore, twenty three thousand seven hundred sixty dollars ($23,760.00) shall represent the annual rent for years eleven (11) through fifteen (15) if the Lease is renewed. If the Lease, by mutual agreement, is extended beyond the fifteenth (15~) year, the existing annual rent for the sixteenth (16'") lease year shall not be less than one hundred and seventy three (173%) of the rent for the fifth lease year unless agreed otherwise. PrimeCo shall provide the County with a one-time contribution of ten thousand dollars ($10,000.00) for the County to make improvements, at the County's discretion, to benefit the East Naples Community Park. PrimeCo is also required to provide a refundable security deposit of two (2) months rent equaling two thousand seven hundred fifty dollars ($2,750.00), plus ten thousand dollars ($10,000.0), of which shall be interest bearing. Collier County shall have the right and title to a._._ll interest accrued from the deposits, upon the termination of the Lease. AGEt~PA-I~,~ ~. Pg, Collier County shall review and approve all plans and landscaping plans proposed by PrimeCo for the Demised Premises. PrimeCo shall maintain the Demised Premises without cost to Collier County. PrimeC¢ shall take out and maintain an insurance policy for comprehensive general liability for bodily injury an¢ property damage. ~ The Office of the County Attorney, Office of Franchise Administration and Real Property Managemen Department have reviewed the attached Lease Agreement. The terms of the Lease Agreement and proposed use of the subject property have been advertised pursuan to Florida Statute 125.35 and bidders were instructed to respond by noon, January 2, 1998. A copy of the advertisement and Affidavit of Publication are filed with the Real Property Management Department fo~ Inspection. There was only one (1) response to the advertisement. Attached is a copy of a proposal fror~ PrimeCo Personal Communications outlining the requirements contained in the attached Lease Agreement. FISCAL IMPACT: The annual rents shall be deposited into the following accounts: Twenty (20) percen shall be deposited into MSTD General Fund 111-100210-362110 (Office of Franchise Administration) an¢ eighty (80) percent shall be deposited into General Fund 001-929020-481111 (East Naples Community Park). GROW'TH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement and Shor Form Lease Agreement (three (3) copies of each) with PrimeCo Personal Communications, L.P. an¢ authorize its Chairman to execute same. PREPARED BY: ~,3 ,/['" ~-'"~j.~ DATE: /-/'~"'~c~ (/~ames Fitzek, I~'s~st, Franchise Administration ' '-"Jean Merritt, Manager, Franchise Administration APPROVED BY: Robert Fernandez, County Administrator DATE: AGEI~;O.A ITE_~ \ JAN 2 0 1 2 3 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 3? 38 39 40 ~2 43 GROUND LEASE AGREEMENT FOR COMMUNICATIONS TOWER EAST NAPLES COMMUNITY PARK THIS GROUND LEASE AGREE~fENT ("Lease"), is entered into effectively on the day of , 1997, the ("Commencement Date"), and between the two (2) parties: Collier County ("OWNER") and PrimeCo Personal Communications, L.P., a Delaware Limited Partnership, (hereinafter either "PCS" or "TENANT"). The parties agree as follows: 1. The Property: Owner's Property; The Leased Area; And Tenant's Property. A. OWNER owns a parcel of land that has the following address: 3500 Thomasson Road, Naples, Florida, herein called ("OWNER's Land"), which is shown on attached Exhibit Al. TENANT is in the communications business and desires to lease land and an access easement thereto, referred to herein collectively as the LEASED AREA. OWNER's property is a parcel of land that is larger in area than the LEASED AREA whereby the LEASED AREA is but a part of OWNER's Land. All personal property brought onto the LEASED AREA by or on behalf of TENANT is referred to herein as "TENANT's Property." Any personal property brought onto the LEASED AREA by OWNER or on behalf of OWNER is referred to herein as "OWNER's Property." Any property brought onto the LEASED AREA by any third party is referred to herein as "Third Party Property." B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is not a Franchise under any law, rule or regulation. The LEASED AREA comprises 2,500 square feet of land: a 50 foot by 50 foot parcel, plus an access easement thereto; both of which are as shown on the attached Exhibit A. C. OWNER and TENANT ("the parties") hereby agree that the LEASED AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may replace Exhibit A and become a pan hereof ~_ AG-ZHDA ITE~',I JAI'; the Exhibit A in the event of any discrepancy between such survey and the general 2 reference description of Paragraph I.B., above. 3 s 2. Access Easement. OWNER hereby grants to TENANT a non- e exclusive access easement (during the entire life of this lease) for free access to 7 the LEASED AREA seven (7) days a week, twenty-four (24) hours a day, 365 8 days a year. No above-ground structures shall be constructed in that access 9 easement without the expressed written consent of TENANT. Refer to "Access 10 Clarification Addendum," attached hereto, regarding this paragraph. 11 12 13 14 15 16 3. Lease Term And Rent. 17 I$ 19 A. RENT PA YABLE IN' MONEY. This lease has an initial term of ten :2o (10) years from its Commencement Date. The initial annual rent shall be 21 · st.v.a~ ~ ~ ~ ~ t6,~o.eo ), pro-rated at 1/12~ of the total per 22 ~n0nth. One year's annual rent shall be paid annually in advance beginning on the 23 Commencement Date, and thereafter not later than each anniversary of the 24 Commencement Date. Rent shall be paid to OWNER (or as OWNER may 25 26 otherwise direct to TENANT from time-to-time in writing at least 30 days before 27 the respective next rent payment due date). Prior to and until the first day of the 28 month following commencement of delivery of any of TENANT'S property onto 29 the LEASED AREA, the Annual Rent shall be One Hundred Dollars ($100.00), 30 twelve (12) months of which shall be prepaid in advance. Any unearned balance 31 thereof shall be credited against TENANT'S first payment of the initial annual 32 33 rental. In the event that TENANT ha~ not delivered any of its Property to the 34 LEASED AREA prior to the first anniversary date of this lease, TENANT may 35 either terminate this Agreement for whatever reason upon written notice to Owner, 36 without further obligation or liability to OWNER; or TENANT may elect that this 37 Agreement remain in full force and el?ct. I.f this Agreement rem. ains in effect, the 385100.00 per month rent shall automatically increase to the speclfied annual rental 39 40Per year, payable in full for the second lease year not later than the first 41 anniversary date of this Lease. TENANT shall throughout this lease pay OWNER 42 a late payment charge equal to five percent (5%) of any monthly rental payment ,~3 not paid promptly when due. Any amounts not paid within thirty (30) days of its sdue date shall also accrue interest of two percent (2%) per rr A~£[;DA IT£,"~, '~ JMI 2 0 '"'"' interest rate then allowed by law, whichever is the higher rate, which interest shall be paid by TENANT to OWNER. As additional one-time consideration for the execution of this Lease by OWNER, TENANT will pay OWNER the sum of ~m thousand dollars ($ lo,__t~o.oo ) to be used by OWNER to make improvements to OWNER'S LAND. 8 B. CASH DEPOSITS BY TENANT. TENANT shall also at the time of 9 the payment of the first annual rent, deposit with OWNER a refiandable rent 10 security deposit of two month's rent plus ten thousand dollars ($I0,000), which I deposit may be used by OWNER in the event TENANT breaches this Lease and 12 13 any breach results in OWNER incurring expenses that would have not been 14 incurred but for TENANT'S breach, including expenses for removal of any of 18 TENANT'S property (including the tower) from the LEASED AREA. If in time 16 OWNER deems such deposit, with accrued compounded interest accrued thereon, 17 tO be insufficient to insure the necessary funds to be available to remove the tower lS and all other of TENANT'S property from the LEASED AREA, TENANT shall 19 20 increase that deposit as demanded in writing by OWNER, but not to exceed fifteen 21 thousand dollars ($15,000) unless OWNER has good cause to conclude that such 22 projected actual costs will exceed the then existing security deposit. OWNER 23 shall have all right and title to interest that accrues on all security deposits. If the 24 parties hereto should enter one or more other tower site leases at one (1) or more 25 other sites, this deposit may be applied by OWNER to any one, some, or all of 26 27 said other sites. 28 29 C. LEASE EXTENSIONS. This lease shall have an initial term of ten 3o (10) years. Provided OWNER has not then delivered to TENANT notice that 31 OWNER has declared TENANT to be in default of this Lease, this Lease shall be 32 automatically extended for five (5) additional years the end of the initial term of 33 34 ten (10) years provided that not more than three hundred and sixty (360) days 35 prior to the last day of the tenth (10'~) lease year and not less than one hundred and 36 eighty days (180) prior to that date, TENANT advises OWNER in writing of 37 TENANT's intention NOT to extend the Lease. Failure to supply such written 38 notice shall operate as an extension of this Lease effective on the last day of the 39 tenth (10th) lease year. AFTER THE FIFTEENTH LEASE YEAR: Provided 40 41 OWNER has not then delivered to TENANT notice that OWNER has declared 42 TENANT to be in default of this Lease, this Lease may be extended for an 43 additional five (5) years at the end of the fifteenth (15th) lease year provided that 44 not more than three hundred and sixty (360) days prior to ~e_!o~t d~y of t~,,__ JAI; 2 0 i~33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 ,4O 4.1 42 43 45 fifteenth (15~') lease year and not less than one hundred and eighty days (180) prior to that date, TENANT advises OWNER in writing of TENANT's intention to extend the Lease and commence negotiations in that regard. Unless at that time waived in writing by the Board of County Commissioners, failure to supply such written notice shall operate as a termination of this Lease effective on the last day of the fifteenth (15th) lease year. D. AUTOMATIC RENT INCREASES. Commencing with the sixth (6a') lease year, the annual rent for sixth lease year through the tenth lease year be the annual rent for the fifth lease year multiplied by one hundred and twenty percent (120%). Commencing with the first day of the eleventh (I 1~') lease year, the annual rent for eleventh lease year through the fifteenth lease year shall be the rent for the tenth lease year multiplied by one hundred and twenty percent (! 20%), which should be one hundred and forty-four percent (144%) of the rent for the fifth lease year. If the Lease, by mutual agreement, is extended beyond the fifteenth (15t~) year, the existing annual rent for the sixteenth (16t~) lease year shall not be less than one hundred and seventy three (173%) of the rent for the fifth lease year unless agreed otherwise. Subject to OWNER'S timely receipt of such written notice of TENANT'S intention to extend the lease beyond the fifteenth (15,h) lease year, OWNER and TENANT will negotiate in good faith to come to mutual agreement regarding terms and conditions of that extended lease term, which will become applicable as of the first day of the sixteenth (16~') lease year. If OWNER receives effective notice to extend the Lease but the parties can not mutually agree to extend the lease on or before the last day of the fifteenth (15a') lease year, the lease shall terminate on the last day of the fifteenth (15°') lease year unless the parties then agree to continue the negotiations. 4. Use Of The Leased Area and Maximum Height of Structures. A. TENANT shall use the LEASED AREA to construct, replace, maintain, repair, and operate its communications facilities, consisting of one (1) monopole communications tower that shall not exceed a height of One Hundred and Fifty (150) feet above ground level CAGL"), exclusive of any and all antennas that will be installed thereon; antenna support structures and/or related operational facilities may be constructed on or near the ground within the LEASED AREA. TENANT shall license part of the tower and needed LEASED AREA to third parties, and use the leased area for any other then lawful uses directly related thereto. No antenna or other thing installed on the tower or at the 4 ~l', 2 0 '""'~ 1 2 3 4 $ 6 -/ $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 ~8 39 40 41 42 43 45 LEASED AREA shall exceed a height of One Hundred and Fifty Eight (158) feet AGL. Subject to other provisions regarding approvals and technical specifications related thereto, any and all antenna arrays (including those of Third Parties) may fi.om time-to-time be modified, added to, or substituted from. Each structure may be configured as requested by TENANT fi.om time-to-time, provided TENANT, at its sole expense, obtains all permits and/or other approvals required by all applicable jurisdictions, including OWNER, for each configuration. B. PLANS REFIEW BY OWNER. i. OWNER shall have the fight to review and approve all plans for any and all improvements installed within the LEASED AREA, which approval shall not be unreasonably withheld or unreasonably delayed. Prior to cornmeneing any construction, TENANT (and each Third Party) shall submit a copy of its plans and specifications for all improvements to OWNER for review and/or approval. No improvement, construction, installation or alteration shall be commenced until plans for such have been approved by OWNER and any and all applicable permits have been issued to authorize same. Such plans shall include, if applicable to the improvement, fully dimensional site plans that are drawn to scale and show: (i) the proposed location of the antennas and equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height and type of fencing; (iv) the proposed color of all structures, including fencing; and, (v) the proposed type of construction for all structures, including fencing, and any other relevant details that OWNER may request in that instance. ii. All improvements shall be constructed in a workmanlike manner and shall be completed in compliance with all then applicable laws, rules, ordinances and regulations. Improvements to or within the LEASED AREA (and within the easement access area) shall be at no expense to OWNER. TENANT and all Licensees shall always maintain all of their improvements in a reasonable and functional condition throughout the life of this Lease to the reasonable satisfaction of OWNER. iii. TENANT shall allow OWNER free access to OWNER'S personal property within the LEASED AREA at all reasonable times that OWNER desires such access. In the unlikely event that OWNER may be required by law to install other personal property within the LEASED AREA, OWNER reserves the fight to do so free of charge provided such property does not materially h~rm ~ll_u_s_e_of 1 2 3 $ 6 ? 8 9 10 11 12 13 15 the tower by TENANT and/or by any third party licensee whether or not then actually present on the tower or the LEASED AR~A. iv. OWNER has no knowledge of any potential requirement to install any such property within the LEASED AR~A. If the LEASED AREA is in a park, landscaping and security fencing are of particular concern to OWNER; And therefore TENANT shall be required to install, repair, and maintain landscaping and security fencing to the reasonable satisfaction of OWI~R. C. AT LEAST THREE COMMUNICATIONS SYSTEMS. i. The tower and all other facilities shall be designed and constructed so as to accommodate at least t~ee (3) separate communications systems. TENANT shall have the exclusive fight to use all parts of the tower that are above One Hundred and forty-five (145)feel above ground level CAGL"). 16 17 18 19 ii. TENANT hereby grants to OWNER the option (by license) to utilize, 20 21 free from the payment of any rent or any other charges whatsoever, that thirty foot 22 (30') wide portion (band) of the tower between Ninety (90) feet AGL and thirty 23 (30') feet above that level. OWNER may advise TENANT at any time(s) of 24 OWNER'S desire to use such area, but OWNER shall not be required to make its 25 decision(s) regarding its use of that area except in response to a bona fide offer 26 from a Third Party to TENANT to license that space. OWNER may take ~ 27 28 sixty (60) days from the receipt ofnofifieation by tenant that an offer fi'om a Third 29 Party has been received, which notice shall describe the offer in detail, to make its 30 decision. IfOWNER decides that it does not desire to use space for its own needs 31 or for the use and benefit of any other Users, OWNER will not exercise its option to use that space and that decision shall thereby immediately release that space to TENANT for licensing to that Third Party. TIME IS OF THE ESSENCE regarding OWNER making its decision and OWNER must notify TENANT of its final decision at TENANT's earliest opportunity. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 iii. These valuable assets are to be used and shall not be reserved for remotely possible future uses. TENANT shall grant a non-assignable license to the remaining area(s) on the tower, (and such ground space as is then required) to a Third Party or Parties on such lawful and reasonable terms and conditions as chosen by TENANT. If space that is subject to Owner's option is licensed to a Third Party and that license comes to an end because that third ~s.~ A('iF_:.DA ITE;91 x JAN 2 0 i~3-3 1 2 3 4 $ 6 7 8 9 I0 11 12 13 14 longer desires to utilize that space and that license is not assigned or otherwise transferred to any other responsible party, that circumstance shall automatically reinstate OWNER's option to elect to use that space, which option OWNER may then exercise or may wait until there is another offer from a Third Party to use that space. If OWNER decides to use that space, OWNER shall be required to meet the terms of the offer from the Third Party, except the total amount or rent and/or other payments that OWNER must pay to TENANT shall never exceed the rent then payable to OWNER by TENANT. iv. In the event OWNER desires to install equipment on the Tower, OWNER, at OWNER's expense, shall submit to TENANT the following: (a) detailed site plans as well as plans and specifications setting forth the proposed 20 21 22 23 24 25 26 27 28 29 given 3O 31 32 33 34 35 36 37 38 is antenna and all other equipment, as well as all construction, installation, and other 16 work to be performed on the Tower and LEASED AREA; and (b) a list of all 17 frequencies then currently or then anticipated to be licensed, assigned or otherwise la granted to OWNER by the FCC. 19 v. If required by TENANT, OWNER shall also submit a structural analysis of the Tower addressing the installation of additional antenna and other equipment on the Tower and demonstrating that the installation of such items will not exceed the wind loading or other relevant capacities of the Tower. OWNER shall not install any equipment or commence any work on the Tower or the LEASED AREA until TENANT approves, in writing, the OWNER's plans and specifications, frequencies, and structural analysis, if any; such approval to be in TENANT'S reasonable discretion. vi. NON-INTERRUPTION AND NON-INTERFERENCE. No activity of any user or any representative of any user shall interrupt or unreasonably interfere with any operation of any other users of the LEASED AREA. D. THIRD PARTY LICENSEES. i. Each license (which includes each user of the tower) shall always be 39 subject to all terms and conditions of this Lease, and each license shall be subject 40 to review and approval of TENANT. OWNER has the right, but not any duty, to 41 42 review each proposed license. Use of the tower and site by OWNER and each 43 Third Party shall be subject to written approval by TENANT upon such reasonable ~ terms and conditions as may be required by TENANT. 45 7 TENANT makes no I representations to OWNER or to any Third Party that the LEASED AREA, the 2 tower or/or any other thing will be suitable for OWNER's needs or any needs of 3 any Third Party, and TENANT has no obligation to modify anything to suit 4 OWNER's needs or needs of any Third Party. Each Licensee shall be solely $ responsible for the cost of locating and placing its property on the tower and on 6 7 the LEASED AREA. Each Licensee shall also be responsible for any liabilities s that may arise from that Licensee's use of any part of the LEASED AREA, 9 including the tower. TENANT shall promptly notify OWNER in writing of ali 10 license requests which TENANT receives for use of the Tower or any other part of 11 the LEASED AREA. 12 13 14 ii. Each Third Party, at that Third Party's expense, shall submit to 15 TENANT the following: (a) detailed site plans and with specifications setting 16 forth the proposed antennas and other equipment, the height and location of' such 17 antennas and other equipment, and the construction, installation and other work to 15 be performed on the Tower and on the LEASED AREA; and Co) a list of all 19 frequencies then currently or then anticipated to be licensed, assigned or otherwise 20 21 granted to the Third Party by the FCC. If requested by TENANT, the licensee 22 shall supply to TENANT a structural analysis of the Tower addressing the 23 installation of' additional antennas and other equipment on the Tower by the Third 24 Party and demonstrating that the installation of such antennas and equipment will 25 not exceed the wind loading or any other relevant capacity of the Tower. The 26 Third Party shall not install any equipment or commence any work on the Tower 27 2s or the LEASED AREA until TENANT approves, in writing, the Third Party's 29 plans and specifications, frequencies, and structural analysis (if any), such 3o approval to be given in TENANT'S reasonable discretion. 31 32 iii. Each Third Party's use of the Tower and LEASED AREA shall be 33 limited to the antennas and other equipment and frequencies approved and 34 35 expressly agreed upon in advance by TENANT. 36 37 iv. Each Third Party's installation, use and occupancy of the Tower and 3s LEASED AREA shall be in continued compliance with all then applicable laws, 39 regulations and requirements of all federal, state, and local authorities, including 40 the FCC. 41 42 v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE 44 REQUIREMENTS. Each Third Party shall assume all risks in co I installation, operation, maintenance, repair, replacement and removal of its 2 antennas and all other property located on the LEASED AREA, including the 3 Tower. Each Third Party shall maintain commercial general liability insurance 4 insuring against liability for personal injury, death or damage to personal property $ arising out ofuse of the Tower and the LEASED AREA by the Third Party. Such 6 ? insurance shall provide coverage (in an amount of not less than one million dollars 8 ($1,000,000.00) for bodily injury or death to any one .(I) or more persons and in 9 an amount not less than one million dollars ($1,000,000.00) for property damage 10 and shall include a contractual liability endorsement naming TENANT as an 11 additional insured on such policies. All insurance policies shall be written with 12 insurance companies qualified to do business in State of Florida and shall always 13 14 provide for (require) thirty (30) days written notice to TENANT prior to 15 cancellation. Certificates of such policies shall be delivered to TENANT prior to 16 the installation of the Third Party's equipment. Further, each Third Party shall 17 reimburse TENANT for any damage to the Tower and TENANT'S equipment, 18 and shall be required to indemnify and hold TENANT harmless from any and all 19 liability, claims, demands, actions, losses, damages, orders, judgments and any 20 21 and all costs and expenses including, without limitation, reasonable attorneys fees 22 and costs, arising from or incurred in connection with claims for injury to persons 23 or property caused by the act or omission of such Third Party or its respective 24 agents, contractors or employees including, without limitation, the use of the 25 Tower, the LEASED AREA, and third party's equipment, and the breach of any 26 27 contractual obligation to OWNER and/or TENANT. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 vi. Subject to provisions to the contrary in the specific licensing agreement, the Third Party's license is assignable or otherwise transferable to a responsible party that assumes of the Third Party's duties and obligations. vii. TENANT and OWNER shall have the fight to have a representative present during the installation of each Third Party's antennas and other equipment. viii. Each Third Party's installation of antennas and other equipment on the Tower and the LEASED AREA shall be performed on dates and at times and within time fi'ames approved by TENANT in writing and shall not interrupt or interfere with the operation of TENANT'S communications system or TENANT'S equipment unless TENANT agrees in writing to such interruption or interference. MAINTENANCE, REPAIR AND REPI..4 CEMENT O, // ! 2 3 4 $ 6 7 8 9 10 1! 12 13 14 15 17 18 2O 21 22 23 24 25 2& 27 28 29 30 31 32 33 34 3& 37 38 39 40 41 42 43 44 45 i. TENANT must maintain, repair and replace the Tower, and all of its equipment and all of its property to the highest quality construction, repair and maintenance standards during the entire life of this Lease. ii. To protect the integrity of the Tower, all maintenance, repair and/or replacement performed on OWNER's Property shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. iii. To protect the integrity of thc Tower, each Third Party agrees herein (and must in its license agreement agree) that all maintenance, repair and/or replacement performed by it or on its behalf shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. iv. PIMN REVIEW BY TENdNT. Subject to the exceptions noted in the paragraph (v.) below, prior to the commencement of any other than ordinary maintenance, repair or replacement work on OWNER's Property, OWNER shall submit to TENANT for approval plans and specifications of the maintenance, repair and replacement work to be performed. TENANT Shall have the option to comment upon such plans, specifications and contractor prior to the commencement of any maintenance, repair or replacement work, all at the Property Owners' expense. v. ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT. Notwithstanding any other provision in this Lease, each user of the tower may conduct its maintenance, repair and/or replacement provided same consists of only ordinary maintenance, replacement or switching of component parts and does not increase the height of the tower, cause any antenna or other thing to exceed the maximum height allowed for that antenna or other thing, or add to the tower so as to increase the maximum total wind loading then being allocated to that user, or otherwise constitute any material change to any site plan, building plan, or other permitted use. Ail such activities that do not then require a building permit or any other formal authorization from any other County Department shall be approved by letter of summary authorization fi'om the Franchise Administration Department or by the County Administrator or his/he .~a,.~;o. nee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 (minor) changes by any user of the tower shall not require any formal amendment or addendum to this Lease or require any approval by OWNER, TENANT, any Third Party, or from Board of County Commissioners. The person who grants such summary approval shall concurrently deliver a copy each such letter of approval to all other occupants (users) of the LEASED AREA for informational purposes only. vi. NOTICE TO TENANT OF NEED TO HAF'E PHYSICAL ACCESS TO THE TOWER OR LEASED AREA. Whenever possible, OWNER shall provide TENANT with at least forty-eight (48) hours notice prior to any maintenance, repair, replacement work or any other activity that will require access to the Tower or to the LEASED AREA. If an emergency exists (or there is a KEASONABLE immediate need to exercise police power) in which case notice shall be provided to TENANT not later than twenty-four (24) hours after access to the Tower or the LEASED AREA has occurred. TENANT shall have the right to have a representative present during any non-emergency maintenance, repair or replacement by OWNER (or Third Party Licensee) that will require access to the Tower and/or to the LEASED AREA. F. INTERFERENCE. Each user of the tower must be able to conduct its business thereon without electrical interference from any other user of the tower. TENANT agrees to install communications equipment of a type and frequency which will not cause interference with OWNER's equipment at the LEASED AREA. In the event TENANT'S equipment causes interference with OWNER's equipment at the LEASED AREA, TENANT will take all steps necessary to correct and eliminate such interference at TENANT'S sole cost and expense. OWNER agrees not to allow any future use of OWNER's equipment or addition and/or modification to any current use of the Tower or OWNER's property that causes interference with or the improper operation of the Tower, TENANT'S equipment, or any of TENANT'S communications signals or any system. If any addition or modification to the OWNER's equipment causes interference with TENANT'S equipment or communications signal and/or system, OWNER, upon notification of such interference, agrees to promptly remedy such interference at OWNER's expense until such interference is corrected to TENANT'S reasonable satisfaction. In the event OWNER and TENANT cannot resolve such interference problems, OWNER and TENANT agree to resolve any interference disputes by arbitration which shall be performed in accordance with the Rule t',:",~.~ ,C,;~ IT_~,~ \ 1 2 3 $ 6 ? 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 .~36 38 39 4o 41 42 43 ~5 Arbitration Association. The arbitration decision/award shall be binding upon OWNER and upon TENANT and may be entered in any Court having jurisdiction thereof. OWNER and TENANT agree that the costs associated with any arbitration shall be borne by TENANT if TENANT is the cause of the interference or by OWNER. if OWNER is the cause of thc interference. G. BARE LICENSE TO PHRK VEHICLES. If there is insufficient space to park same within the LEASED AREA, OWNER hereby grants to TENANT and each future Third Party licensee, subject to availability of space for same, a bare license with no interest coupled thereto to park their respective motor vehicles on OWNER's Property for short periods of time while the vehicle owner/entity is constructing, removing, replacing and/or servicing its antenna(s) and/or its communications facilities on the tower or otherwise within the LEASED AREA. H. OIF'NERSHIP OF TO[['ER ,4ND OTHER PROPERTY. i. Durin_~ The Life Of This Lease: The Tower shall remain the property of TENANT during the entire life of this Lease. Any other property brought onto the LEASED AREA by or on behalf of TENANT shall remain the property of TENANT during the life of this Lease and after termination of this lease. All property brought upon the LEASED AREA by OWNER shall remain the property of OWNER. All property brought upon the LEASED AREA by any Third Party shall remain the property of that Third Party during the life of this Lease and after expiration or termination of this Lease except as may be specified otherwise in the respective controlling license agreement for the subject property of that Third Party licensee. ii. At Expiration or Termination of Lease: Upon expiration or termination of this Agreement, TENANT shall, at no cost to OWNER, remove the tower and all of its other property from the LEASED AREA unless OWNER directs that TENANT not remove same. If the termination or expiration of this Lease occurs before an extension into the eleventh lease year (See Section 3 (C)), and if OWNER desires to acquire ownership of the tower, Owner must pay to TENANT the then depreciated book value of the Tower minus any off-setting claims that OWNER then has against TENANT. If this lease expires or is terminated after the Lease is extended into the eleventh lease year (per Section 3 (C)), OWNER may elect to direct to TENANT that TENANT shall not remove the tower from the LEASED AREA, whereby the Tower shall thereby auto .m,stiea~, ' t'.. _. 1 2 4 $ 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,4 25 26 27 28 29 30 31 32 33 34 35 36 3? 38 39 ,40 ,41 ,42 ,43 45 at no cost to OWNER, become the sole property of OWNER and TENANT, upon removal of all of its other property from the LEASED AREA, shall then have no further duty or responsibilities with regard to the tower. iii. Third Party Licensees: Each license from TENANT to each third party shall specifically ]'equire that at the end of this Lease each Third Party shall immediately remove all of its property from the LEASED AREA unless this requirement is then waived in writing by OWNEK. All property removed by TENANT or Third Party shall be removed by or on behalf of its then owner without delay and at no cost to OWNER. Removal ofali property by or on behalf of TENANT and each Third Party shall be done in a workmanlike manner and the LEASED AKEA shall be restored by TENANT, at no cost to OWNER, to its original condition, only normal wear and tear excepted. OWNER may, however, then grant to each respective Third Party a license from OWNER. to remain on the Tower and/or the LEASED AREA, in which event the property of the Third Party may remain on the tower and/or LEASED AREA in accord with such license. iv. ~: In the event ihat OWNER desires to acquire ownership of the tower, for record keeping purposes and County property inventory control purposes, TENANT will, at no cost to OWNER, convey to OWNER a Bill of Sale for the Tower. Absent a controlling law to the contrary, failure to convey the Bill of Sale shall not, however, affect the total automatic transfer of title to the Tower to OWNER. 5. Termination Of Thls Lease By TENANT A. During First Lease Year. If any of the following events (paragraphs i through iv) occur, TENANT has the right to immediately terminate this Lease by delivering to OWNER written notice of such termination before three hundred and sixty-five (365) days of the Commencement Date of this lease. i. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT'S intended uses of and improvements to the LEASED AREA as desired by TENANT; or ii. TENANT'S application for any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or TENANT's Property and I,'".2 ~.: 17-'J. \ JA;~ ', 0 """ 1 2 3 4 $ 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 improvements desired by TENANT is denied or becomes commercially impracticable; or iii. Any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or improvements to the LEASED AREA, whether now or hereat'ter desired by TENANT, have been canceled, have expired, have lapsed or have otherwise been withdrawn, terminated or denied so that TENANT, in its reasonable judgment, determines that it will no longer be able to use the LEASED AREA for TENANT'S intended uses; or iv. The Federal Communications Commission ("FCC") allocates the frequencies at which TENANT may operate the subject antennas and related equipment and may fi.om time to time change such frequencies. Any change of this nature that, in TENANT'S reasonable judgment, renders its operation of a wireless communications facility at the LEASED AREA obsolete; or v. If TENANT determines that the LEASED AREA has become unsuitable for TENANT'S operations due to changes in system design or network design or in the types of equipment used in such operations, or TENANT'S operations at the Property become unprofitable. vi. Any timely termination notice delivered to OWNER by TENANT shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the OWNER under this Lease. vii. OWNER shall have at its sole discretion the option of terminating this LEASE if TENANT conclusively and finally loses its license(s) from the FCC to provide TENANT/cellular services for any reason, including, and not limited to, non-renewal, cancellation, or expiration of same. If the loss of the license(s) is not due to any fault of TENANT, and OWNER desires to own the tower and/or other facilities, OWNER shall pay to TENANT the then depreciated book value of the tower (and any other facilities that may be conveyed by agreement between TENANT and to OWNER). If the loss of license(s) is due to the fault of TENANT, including non-feasance, such loss of license(s) shall, at OWNER's eIection, forfeit the tower to OWNER. OWNER may also terminate this' Lease if TENANT does not in good faith make and continue to p /,,,,'...t.C,,,', IT~,~,~ [,~ t.,,, .._.L~_e .U) 14 JAl~ 2. 0 i~::;3 J 15 16 17 18 19 20 21 22 23 1 efforts to obtain all required permits and construct the planned tower and all of its 2 necessary related facilities. 4 B. Subsequent to First Lease Year. Subject to the following $ 6 paragraphs (i through iii), TENANT has the Hght to immediately terminate this 7 Lease by giving written notice to OWNER of such termination anytime 8 subsequent to three hundred and sixty-five (365) days of the Lease's 9 Commencement Date. 10 11 i. TENANT deeds the Tower to OWNER free and clear unless OWNER 12'. 13 Instructs TENANT to remove the tower, in which event TENANT shall have the 14 tower removed and have the LEASED AREA restored to its original condition, all at no cost to OWNER. ii. OWNER shall retain all prepaid rent for the then applicable lease year and TENANT shall pay to OWNER the applicable twelve month's rent for the entire following lease year (12 months). iii. This option to terminate does not in anyway bar, prevent or impede TENANT from selling the tower to a responsible third party, which entity must 24 become an assignee of this Lease prior to any effective sale of the tower and/or 25 26 other property of TENANT. 27 28 6. Assignment And Subletting. 29 30 A. TENANT shall not assign, transfer or otherwise convey this Lease, 31 in whole or in part, by operation of law or otherwise, nor mortgage or pledge this 32 Lease or any of TENANT's property or any part thereof, nor sublet or license any 33 34 part of (space upon) the tower or other of TENANT'S Property without the prior 35 written consent of OWNER, which consent shall not be unreasonably withheld or 36 unreasonably delayed. Each entity that becomes a successor in interest (by 37 whatever means) of TENANT rights under this Lease must be a responsible entity 38 that will enable all users of this tower and LEASED AREA to continue to conduct 39 their activities on the tower and LEASED AREA without undue inconvenience 4O 41 and without additional expense. Any assignment or other transfer whatsoever not 42 expressly authorized by OWNER/n writing shall be void ab initio. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 B. Except to the extent, if any, that is concurrently agreed to in writing by OWNER (a partial or complete novation), no consent by OWNER to any assignment, lease, sublease or any other transfer by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment, sublease or other transfer. The consent by OWNER to any assignment, sublease, or other transfer, shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other or subsequent assignment(s), sublease(s) or any other transfer(s). TENANT will in fact license space on the tower for installation of antennas by Third Parties and TENANT will concurrently license space on the ground to each of those Third Parties for location of their equipment as needed and as related to their antennas installed or to be installed on the tower. C. Any sale or other transfer, including by consolidation, merger or reorganization, by sale or transfer of a majority of the then outstanding voting stock of TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority interest (whether of profits, losses, capital, or voting power) or of a majority of the persons that then comprise the managers of the partnership (if TENANT is than a partnership), shall not be considered to be an assignment for purposes of this Section 6. D. Subject to all conditions regarding assignments, nothing herein prevents TENANT from assigning this lease during the first lease year. 7. Utilities. TENANT shall be responsible directly to all serving entities for all utility services used at the LEASED AREA. OWNER agrees to cooperate with TENANT in its efforts to obtain utilities fi.om any location provided by the OWNER or by any other servicing utility. 8. Indemnification, Insurance, Assumption Of Risk. A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result fi.om or arise out of: (i) the acts or omissions of TENANT, its agents and employees in, on or about the LEASED AREA and/or the easement access area, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of 16 OWNER, its employees or agents; and/or (ii) TENANT'S breach of any term or condition of this Lease on TENANT'S part to be observed or performed. 3 $ 6 ? 8 9 I0 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 43 B. To the extent then allowed by law, and subject to Paragraph 8.E., OWNER. hereby agrees to indemnify and hold TENANT harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result fi'om or arise directly out of: (i) the acts or omissions of OWNER, its agents and employees in, on or about the LEASED AREA and/or access easement area, excepting, however, such claims or damages as may be due to or caused solely by the acts of TENANT, its employees or agents; and/or (ii) OWNER's breach of any term or condition of this Lease on OWNER's part to be observed or performed. C. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the State of Florida proving that TENANT then carries comprehensive general liability insurance with limits of liability thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage together with an endorsement for contractual liability. Such insurance shall name OWNER as an additional insured with respect to the LEASED AREA and with respect to TENANT'S Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of OWNER's request for such certificate. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by blanket insurance policy covering the LEASED AREA and TENANT'S Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. TENANT may also fulfill its requirements under this Section 8 through a program of self-insurance. If TENANT elects to self-insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance program then in effect provides for coverage equal to or greater than that required of TENANT herein by private insurance. OWNER cannot be certain that the specific insurance requirements specified in this Lease will be adequate with the passage of time; therefore, OWNER reserves the right to reasonably amend the insurance requirements by issuance of Notice in writing to TENANT, whereupon receipt of that Notice TENANT shall have sixt)' (60) days in which to obtain the required additional insurance, unless, for good cause, OWNER requires that such insurance be acquired in less than sixty (60) days. /.v.'.~ ~. :..'D ;", 17 lq 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 D. OWNER shall provide TENANT with a certificate of insurance, issued by an insurance company licensed to do business in Florida indicating that OWNER carries comprehensive general liability insurance with limits of liability thereunder of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage, together with an endorsement for contractual liability. OWNER will provide TENANT with a renewal certificate within ten (10) business days of TENANT'S request for such certificate. E. Each such policy described in either paragraph (C) or (D), above, shall be v,~tten so as to provide that the insurance company waives all rights of recovery by way of subrogation it may have against OWNER or TENANT in connection with any loss and/or damage covered by such policy. The OWNER and TENANT agree and hereby release each other with respect to any claim (including a claim for negligence) which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the LEASED AREA and/or TENANT's property occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of this Paragraph 8.E. shall control. F. ,4SSUMPTION OF RISK BY TEN,4NT. TENANT accepts the LEASED AREA "as is." TENANT, for its officers, agents, affiliates, contractors, materialmen, suppliers, laborers, and employees (collectively "TENANT" for the purposes of this Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the LEASED AREA and on the access easement area, and hereby agrees to indemnify and hold harmless OWNER and all Users against and from any claim asserted or liability imposed upon OWNER or any User for personal injury or properly damage to any person (other than from OWNER's gross negligence) arising out of the TENt'S installation, operation, maintenance, repair, and/or condition or use of the LEASED AREA and/or the access easement area, or TENANT'S failure to comply with any federal, state or local law, ordinance, rule or regulation. 9. TENANT Defaults. A. The occurrence of any one or more of the following events shall constitute an "Event of Default" of th/s Lease by TENANT: I JA;; 2. ,3 1; .) I i. The failure by TENANT to make any payment of rent as and when 2 due. Each rent payment shall be mailed to OWNER via certified mail, return 3 receipt requested, or by any other method where TENANT is notified in writing 4 by the carrier that delivery of the rent to the OWNER has actually occurred. 6$ OWNER shall have no duty or responsibility to notify TENANT of any late 7 payment or of the fact that the payment was less than the full amount then due to S OWNER except as prerequisite to declaring TENANT to be in default of this 9 Lease, in which case OWNER shall give TENANT at least ten (10) days notice of I0 intent to declare a default for failure to pay that rent payment on time. 11 1312 ii. The failure by TENANT to observe or perform any of the covenants 14 or provisions of this Lease to be observed or performed by TENANT, other than as IS specified in Paragraph 9.A. (1), above, where such failure shall continue for a 16 period of thirty (30) days after ~,vinen notice thereof is received by TENANT from 17 OWNER; provided, however, that it shall not be deemed an Event of Default by lS TENANT if TENANT shall commence to cure such failure within said thirty (30) 19 day period and thereafter diligently prosecutes such cure to its full completion. 20 21 22 iii. If TENANT abandons or vacates the Property, of if any Trustee does 23 not unconditionally assume this lease pursuant to applicable bankruptcy or other 24 laws. 25 26 27 iv. To the extent allowed by law, if TENANT is adjudicated a bankrupt 28 or makes any assignment for the benefit of creditors, or if TENANT becomes 29 insolvent, or OWNER otherwise reasonably believes itself to be insecure. If 30 TENANT becomes insolvent or OWNER reasonably believes itself to be insecure, 31 the TENANT or Trustee must provide LESSOR with adequate assurances of 32 future performance before this lease can be assigned in bankruptcy or for the 33 benefit of creditors. Any such assignment shall require the assignee to provide 34 35 LESSOR with a security deposit of one year's rent at the then existing rental rate. 36 The assignee must be able to immediately continue operation of TENANT's 37 facilities at the tower site and not unduly inconvenience any then existing 3s operation at the tower or LEASED AREA. TENANT shall remove its personal 39 property only to the extent that such removal does not result in any shutdown of 40 41 anY of the other communications operations on the tower or the LEASED AREA. 42 43 45 19 I B. If there occurs an Event of Default by TENANT, in addition to any 2 other remedies available to OWNER at law or in equity, OWNER may elect to 3 terminate this Lease and all fights of TENANT hereunder. 4 5 6 C. If there occurs an Event of Default by TENANT, OWNER shall 7 have the right, prior to the termination of this Lease by a court of competent 8 jurisdiction, to enter upon any of TENANT's Property and/or remove persons or 9 property from TENANT's Property, except as needed to accomplish emergency lo repairs or emergency exercise of police powers. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. In the event of a material default of this Lease by TENANT, OWNER shall have the fight, at its option, in addition to and not exclusive of any other remedy OWNER may have by this Lease or by operation of/aw, without any further demand or notice, to either (a) declare this Lease at an end. If ordered by OWNER, TENANT shall immediately remove the tower and its property as specified by OWNER, and TENANT shall then pay to OWNER a sum of money equal to the total of(i) the amount of unpaid rent, if any, then accrued through the date of termination; (ii) the amount by which the unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to compensate OWNER for ail detriment proximately caused by TENANT'S failure to perform its obligations under the Lease; or Co) without terminating this Lease, OWNER may relet the tower, for the account of TENANT upon such terms and conditions as OWNER may deem advisable, and any moneys received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, real estate commissions paid, if any, and thereafter be applied toward payment of all sums due or to become due to OWNER hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, TENANT shall pay OWNER, monthly, any deficiency, notwithstanding that OWNER will have received rental payments in excess of the rental to OWNER stipulated in this Lease in previous or subsequent months, and OWNER may elect to bring an action therefor as such monthly deficiency shall arise. E. No re-entry and taking of possession of TENANT's Property by OWNER shall be construed as an election on OWNER's part to terminate this Lease, regardless of the extent of renovations and alterations by OWNER, unless a written notice of such specific intention is given to TENANT by OWNER. Notwithstanding any reletting without termination, OWNER may at any time thereafter elect to terminate this Lease for any such previous 2O 1 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 36 37 40 41 42 43 45 10. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any o~her mailing address which the party to be notified may designate to the other party by such notice) or by overnight courier service. Should OWN'SR or TENANT have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from TENANT shall be sent to the person listed below to whom notices are sent, ~N~T: With a copy to: Address: Attention: Telephone No.: PrimeCo PersonaZ Communications, Limited Partnership $875 Hidden River Parkway, suite 350, Tampa, FL 33637 Edward Wholl, Esq. (813) 615-4840 OWNER: Attention: Address: Telephone No.: Collier County Franchise Administration Coordinator 3301 Fast Tamiami Trail, Administration Building, First Floor Naples, FL 341 I2 (941) 774-8577 With a concurrent copy each to: (1) Office ofthe Collier County Attorney and (2) Collier County's Real Property Management Department. 11. Sale Or Transfer Of The Leased Area By Owner. OWNER has no plans to sell or otherwise convey away any part of or any interest in any part of the LEASED AREA to TENANT or any other person or entity. Should OWNER, at any time during the life of thi: ~ .'.:...,...-. 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 transfer or otherwise convey all or any part of the LEASED AREA, to any transferee other than TENANT, then such transfer shall be under and, during the entire term of this Lease, shall be subject to this Lease and all of TENANT'S rights hereunder and rights of all Third Parties. 12. Hazardous Substances. A. OWNER has no knowledge that either OWNER or any other person or entity has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within any part of OWNER's Property in violation of any law or regulation. OWNER and TENANT each agree that they will not use, generate, store or dispose of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within OWNER's Property in violation of any applicable law or regulation. B. OWNER and TENANT each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 13. Condemnation. A. Whole Condemnation. Because OWNER is a governmental entity and few condemnors have authority to condemn the LEASED AREA, it is unlikely that the LEASED AREA will ever be condemned. If the LEASED AREA, including without limitation any of TENANT's Property, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this lease shall automatically terminate as of the date of the taking, condemnation, or sale. be taken or condemned, either temporarily or permanently, for Partial Condemnation. If any portion of the LEASED AREA shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 ,40 41 ,42 43 44 45 sold to a convening authority under threat of such condemnation to prevent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property that is suitable for TENANT'S purposes, provided such suitable space is available. The exact site to which TENANT may relocate will be determined by OWNER, and it may be any portion of OWNER's Property (or other property owned or controlled by OWNER), provided TENANT approves the new site as being suitable for TENANT'S intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall forthwith automatically terminate as of the date of the taking, condemnation or sale. C. Condemnation ,~ward. OWNER shall receive the entire condemnation award for the land and all other improvements as were paid for by OWNER. TENANT hereby expressly assigns to OWNER any and all right, title and interests of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover fi.om the eondemnor, but not from OWNER, any compensation as may be awarded to TENANT on account of the taking of its leasehold interest, moving and relocation expenses, and depreciation to and removal of personal property and fixtures of TENANT from the LEASED AREA. 14. Liens. TENANT shall keep TENANT's Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behaIf of TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record either by l~ayment thereof or by posting of a proper bond in accordance with Section 713.24, Florida Statutes. No work which OWNER performs or has performed within the LEASED AREA shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of OWNER's consent to any such work. OWNER may, at its election, post notices in the LEASED AREA advising that OWNER it is not responsible for payment for any such work. 15. Fire And Other Casualty Damage To Facilities. If the tower and/or related facilities is/are totally or substantially destroyed by an act or occurrence beyond the control of TENANT, TENANT may terminate this Lease effective on the date of such occurrence, or TENANT may elect to rebui'~ 39 40 41 42 43 44 45 1 construct a similar tower. If TENANT elects to terminate this Lease under this 2 provision, any unearned rent for the remainder ofthat lease year shall be refunded 3 by OWNER to TENANT provided TENANT has not otherwise breached this 4 Lease to the monetary detriment of OWNER or to any User. If TENANT elects to 5 6 rebuild the tower (or construct a new tower) the annual rental shall be reduced to 7 $100.00 per month for only the ninety (90) days following the damage date 8 occurrence, at which time the prior existing annual rent shall automatically 9 recommence. 10 11 16. Taxes. 12 13 14 A. This is a net-net Lease as to OWNER. TENANT shall be liable for I$ and shall pay to the applicable taxing authority ifbilled directly to TENANT, or to 16 OWNER if billed to OWNER, upon thirty (30) days prior written notice from 17 OWNER, any and all taxes and assessments levied against any personal property 18 19 or trade or other fixtures placed by TENANT in or about the LEASED AREA. 2O 21 B. OWNER's Property is not now subject to any real property taxes. 22 Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any, 23 that may be levied against the LEASED AREA and/or against OWNER's Property 24 as a result of this Lease and/or any improvements constructed on the LEASED 25 AREA by TENANT and/or any licensees other than OWNER. TENANT shall not 26 27 be responsible for any increases in real property taxes which are a result of tax 28 assessment of OWNER's Property due to improvements made by Owner or any 29 third parties acting under Owner. 3O 31 C. If hereafter laws of taxation are altered so that if any new tax, any 32 payment "in lieu of" or "as a substitute for" all or any portion ofany taxes and/or 33 34 special assessments are imposed on any of the tangible and/or intangible property, 35 such obligations shall be assumed and be paid by TENANT except any such 36 payments directly attributable to communications equipment installed on the site 37 by OWNER or through OWNER. This assumption shall not preclude TENANT 38 from contesting any and all such obligations. 17. Quiet Enjoyment And Non-Interference. A. OWNER warrants and that OWNER is seized ofgood and sufficient title to and interest in the LEASED AREA and has adequate au~tg..e.n~e.r~_~_t,.o. I and execute this Lease to TENANT and that OWNER knows of no liens, 2 judgments or impediments of title on the LEASED AREA Property that would :) affect this Lease. OWNER warrants and agrees that TENANT, upon paying the 4 rent and performing all covenants herein provided, shall peaceably and quietly 6s have and enjoy the LEASED AREA. It is the separate opinion of the County ? Attorney and of TENANT'S attorneys that the planned uses of the LEASED 8 AREA, as expressed in this Lease, are allowed and permitted uses of the LEASED 9 AREA and are not in violation of any Zoning Ordinance or other Land Use 10 Ordinance that applies to the LEASED AREA. 11 12 13 B. OWNER hereby grants to TENANT, as a primary inducement to 14 TENANT'S entering into this Lease, the first priority right to install its antennas 15 and operate its wireless communications facility on the LEASED AREA. From 16 time to time OWNER may grant to other entities a lease or license to install 17 con~'nunications towers and/or operate wireless communications facilities on 18 OWNER's Property and/or the right to install antennas in connection with the 19 2o operation of such facilities or other communications facilities; provided, however, 21 that OWNER shall not allow the operation of any such facilities and antennas by 22 others which interfere with the operation of any antennas and/or equipment in the 23 LEASED AREA as it exists at the time of such other occupant's installation or as 24 it may be modified at any time during the term of this Lease, and as the same may 25 be extended. If any such interference occurs, OWNER agrees to cause the 26 27 elimination of such interference with operations at the LEASED AREA within a 28 reasonable time after receipt of TENANT'S notice of such interference and, if 29 necessary, to cause the interfering party to modify or cease its operations. If such 3o interference continues for more than thirty (30) days after TENANT'S notice to 31 OWNER with respect to such interference, OWNER shall require the party 32 33 causing. . the interference to modify its use of or cease using such equipment which 34 IS causing that interference. 35 36 C. TENANT covenants and agrees that TENANT'S equipment, 37 installation, operation and maintenance at the LEASED AREA and same by any 38 third party licensee will not interfere with the operation of the OWNER's 800 39 MHz system or OWNER's other transmitted or received radio signals. In the 40 41 event there is any such interference, TENANT will promptly take all steps 42 necessary to correct and eliminate same within a reasonable period of time. If 43 TENANT is unable to eliminate such interference caused by any such equipment, 44 installation, operation and/or maintenance at the LEASED A~..6~, TENANT : F.~._ agrees to remove the offending antennas from the LEASED AREA and, if the interference cannot be corrected to the satisfaction of OWNER, this Lease shall terminate at the election of OWNER. 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 18. Estoppel Certificates and Subord[nafions. A. OWNER, at the request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any claim against TENANT for rent or otherwise and if so, stating the nature of each such claim; (2) that OWNER recognizes TENANT'S fight to TENANT'S antennas, equipment and other property at the LEASED AP,.EA; (3) that TENANT then has the fight to remove TENANT'S equipment and other property from the LEASED AREA provided such removal will allow the remaining users of the tower to make its use of the tower (not notwithstanding that such property may be considered fixtures under Florida law); and (4) that OWNER at the time of execution of the Estoppel Certificate has no legal interest in and affirmatively disclaims any interest to TENANT'S equipment and other property within the LEASED AREA. B. TENANT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified (and shall state the modification(s)); (2) whether or not, to TENANT'S knowledge, there are then existing any set-offs or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of TENANT to be performed or complied with (and, if so, specifying each of the same); and (3) the dates, if any, to which rent has then been paid in advance; and (4) any, if in the first lease year, other provisions required to enable TENANT to obtain a perfected UCC-1 to finance the tower and/or its equipment. C. ALL OTHER INTERESTS SUBORDINATE. This Lease and all of TENANT's property at the LEASED AREA shall during its life always be superior to any mortgage and any other pledge by OWNER. and by TENANT. OWNER. and TENANT shall at no cost or expense to the other, execute whatever subordination agreements and/or other instruments as may be reasonably required by the other to evidence such subordination. It is hereby agreed that a request by TENANT for a subordination from OWNER. to facilitate TENANT'S initial financing of the tower and/or any or TENANT's initial equipment is a reasonable required subordination. TENANT hereby affirms that as of the 1 2 4 $ 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this Lease there is no deed of trust, mortgage, or other any other encumbrance affecting this Lease or any of TENANT'S property that may be placed within the LEASED AREA. OWNER promises that there exists no mortgage, deed of trust, or other encumbrance or pledge by OWNER that is superior to TENANT'S Leasehold interests in this LEASE, and that OWNER shall not knowingly enter into or suffer any such encumbrance to become superior to any of TENANT'S interests under this Lease. The only possible exception to this promise by OWNER could be an encumbrance that is not avoidable by OWNER as a matter of law. 19. Miscellaneous Provisions. A. CONTROLLING LAW. This Lease and all license agreements and other agreements related hereto and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. Any lawsuits that may be brought to enforce any part of this Lease, including any claim for damages, shall be brought in Collier County. B. BROKERS. OWNER and TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. C. ENTIRE AGREEMENT. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or 29 understanding shall be binding upon either OWNER or TENANT. Any addition, 30 var/ation or modification to this Lease shall be ineffective unless made in writing 31 and signed by both of the parties. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES. OWNER agrees that the LEASED AREA complies with and during the term of this Lease shall continue to comply with ail building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi- governmental authority. Correcting any such non-compliance shall be accomplished at no cost or expense of TENANT. E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other directly related agreements shall be binding and inure to the benefit of the parties, their successors and/or assigns. This Lease, and each I condition herein, is intended to benefit the LEASED AREA and shall extend to 2 and bind all successors and assigns of the respective panics. 4 F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All 6 provisions hereof shall be construed as both covenants and conditions, the same as ? if the words importing such covenants and conditions had been used in each s separate paragraph. No distinction between a condition, a term, a promise or a ~ covenant is intended. 10 11 12 O. NEUTRAL CONSTRUCTION. Each party has had an opportunity to 13 review and negotiate this Lease and have executed this Lease only after such 14 review and negotiation. The language of each part of this Lease shall be construed IS simply and according to its fair meaning, and this Lease shall not be construed 16 more strictly in favor or against either party. 17 18 19 H. ATTORNEYS' FEES. If.either party institutes any action or 20 proceeding in court to enforce any provision hereof, such as an action for damages 21 for any alleged breach of any provision hereof, then the prevailing party in such 22 action or proceeding shall be entitled to receive bom the non-prevailing party such ;!:3 amount as the court may adjudge to be reasonable attorneys' fees for the services 24 rendered to the prevailing party, together w/th its other reasonable litigation 25 expenses. 26 27 28 I. FAILURE TO CURE CURABLE BREACH. If either party breaches 29 this Lease in any manner and fails to commence to cure such breach w/thin thirty :30 (30) days after receiving a written notice from the other party exactly specifying :31 the violation (or if the breaching party fails thereafter to diligently prosecute the 32 3:3 cure to completion), then the non-breaching party may enforce each of its fights 34 and remedies under this Lease or provided by law or it may (although it shall not :35 be obligated to do so) cure that breach or p~'torm the breaching party's 36 obligations (on the breaching party's behalf and at the breaching party's expense) :37 and require the breaching party to reimburse all reasonable expenses incurred in 3s doing so, plus interest (bom the date such expenses are incurred until 39 reimbursement) at twelve percent (12%) per annum. 40 41 42 J. SEVERABIL]T~. If any portion of this Lease is declared by a court 43 of competent jurisdiction to be invalid or unenforceable, then such portion shall be 44 deemed modified to the extent necessary in such court's opinion to render such 45 ,L'7., ":W':.. :W-"'~ ,, : 1 2 portion enforceable and, as so modified, such portion and the balance of this Lease 3 shall continue in full force and effect. 4 6 K. -DIJUNCTIONS AND EQUITABLE RELIEF. In addition to all other ? remedies provided for in this Lease, OWNER and TENANT shall be entitled to 8 imme.diate restraint by injunction (or any ?!her appropriate equitable remedy) of 9 any v~olation of any of the covenants, eondmons or provision of this Lease. lO 11 L. CAPTIONS. The captions of the paragraphs used in this Lease are for 12 1:~ convenience ofreference only and shall not affect the interpretation of this Lease. 14 lS M. GOVERNMENT APPROVALS BY TENANT. OWNER acknowledges 16 that TENANT'S ability to use the LEASED AREA and TENANT's Property for 17 its intended purposes is contingent upon TENANT obtaining and maintaining, 18 both before and after the Commencement Date, all of the certificates, permits, 19 20 licenses and other approvals (collectively, "Governmental Approvals") that may 21 be required by any federal, state and/or local authority, including OWNER, for the 22 foregoing uses and improvements to the Property desired by TENANT. OWNER 23 agrees to cooperate with TENANT in TENANT'S efforts to obtain such 24 governmental Approvals and OWNER shall take no action that would adversely :)5 affect TENANT'S obtaining or maintaining such Governmental approvals. 26 27 28 N. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the 29 execution of this Lease, OWNER shall execute and deliver to TENANT for 3o recording a "Memorandum of Lease Agreement" in the form of the attached 31 Exhibit B. 32 33 34 35 36 37 ATTEST: 38 39 40 41 42 43 By: 44 45 IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written. DWIGHT E. BROCK CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: BARBARA B. BERRY, IIIIII II Approved as to Leg~u ffi cieneF~°..nfand 7 8 9 10 11 12 13 14 15 16 I7 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 Assistant County Attorney County's S. S. Tax No.: "TENANT": PfimeCO Personal Communications, L.P~ a Delaware Limited Partnershin Print Name:_nt:,~.~' ~attqm d Title: .,, 'r~h.~tcax Dlnnttr Address: , 7'D mnato Mt s~. c~ STATE OF FLORIDA COUNTY OF ,~lfl'~t~ f.l _ The foregoing East .Naples .Community Park Ground Lease was ,a,,c .know. led. ge.d before me thls 1"~ day otzar-~,x~,," ,,,,,.- - ' '-'- '" ..... -----~. ~. '_',....-'~,'"~i'. , , ~:~:~/, oy gg3-~,'~ V,i?l~ , as the~ o.f5 ~'a Delaware .., Limited Parmership, who is Personally known to me~.l- -i.!' '.ill r,,,,.,-~,,.~.,~'-~ , ~: ,-.-"~, ,,,,~w~ [ I t~ota: l"UOli¢ ;3" My Commission Expires: 30 DESORIPTK)N OF PARENT TRACT IH[ NORTNERL1 1.g4099 ri:Et 1,2g000 FEET OF SECTI~ ~4. 10w~N~p ~0 SOuth. NORTH ~ ~[~1 tOP R~)~ RI~FI~.-~-WA~ 41.25 ACRES +/- ~,£ E D~'TAIL · / I1,1 M A / £' ! DESCRIPTION OF PROPOSED LEASE PARGII A PARCEL OF LAND LYING AND BEING IN A PORTION i.'E. ET OF 1HE WESTERLY 1,290 IrE[T, LESS THE NORrtf 710 gE0 FEET AND LESS THE NORTH S0 FEET FOR RICH/.,OF-WA~ OF SECtiON TOWNSHIP .50 SOUTH, RANGE 2~, EAST; BF'INC MORE PARTICUtARIy OE'SCRIBfl FOLLOWS ¢OMMENCINC AT THE SOUTHEAST CORNER 01' rile NORTHERLf t.940 9,.J t' F E IHE WE'STE'.RLr' 1,290 FEEl' OF' SAID SECTION 24. THENCE rise EAST LINE OF' THE NORTHERLY 1,940.99 F-Err OI I'HE WESTERLY' 1.290 OF SAID SECTIO,,N 24, 67498 FEET'; I'HE,N, CL S.84'08'57'W., 417.28 FEET TO POINT OF' B£01NNING; ;rI~i'ENCE S.89'35 40'W.. 50.00 FEET; THENCE N.O( 20"W., 50.00 FELT. THENCE N.89'33'40"E., 50.00 FEE'T; THENCE S.00'26'2. ~0 00 FEET' TO THE. POINT OF BEGINNING c'.ONTAININC 2,500 SQUARE FELmi' OR 0 06 ACRES MORE OR LESS m LEASE'81TEAREA 8KETCH ~ ~~i' ~': ': . $.C,4L.£ 20' J m TI~S fNSTRUMENT PREPARED BY: NAMe: f A.l,~a ~ ADDRESS: Prirn¢¢o Personal Communications. L.P 7'77 Yamato Road, Suite 639 Boca Raton. Florida 33471 "EXHIBIT C" SHORT £OR~ LEASE (Site [.ease ID #:East Naples ~ SHORT FO~ ~E~ ~ ~1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~m~iljL~ p~ site. ~ich ~ ~ ~bje~ ~ ~OF, O~R ~ P~CO ~ ~ly BT. Name/Tide: S~JTax N~ft NR~I~s, FL 343.12 Witnesses: ({), (Print name silned abev¢) (Print name silned above) C]See Attnchment "S~" for continuation of Owner ~t~namreL STATE OF " coLrNTY OF The fomloinl instrument was ~ckno~edled before me this ,, Ob~ ..u ~oqx~ion; or 0 t~he is personally known to me or has produced PRIMECO: ' ' · P~mgCo Pmond Communicati~%4~.., . z lklawarg I|mifed pmnmhi** "I.,tI~CI~:] ~ ame.ffifle:R~ben Kx:l%,enffeclmi~ Dimaor Addrtss: 777 Y=nam Road, Ste. f~O ~ Ramn, FL 33431 o=:_. of as parm~ (or at,~m) on behalfof as idendflcatlon. _, , a parm~hip. (Printed. Typed or Stamped Name of Notary) (OFFICIAL NOTARY SIGNATURE} Nou~ Public -- Sta~ of Florida =.'IEi~ iT "A DESCRIPTION OF PROPOSED LEASE PARCELj ~ P~RCEL 0F LAN0 LYING AND FEET O~ i~E ~S~LY 1.~0 ~'T. ~SS file NORTH Z~O FE~ OF Tilt' wE~i 990 FEET .~0 LESS ~E NOR~ 50 ~ET FOR RICH f--0F-WA~ OF TOWNSHIP 50 ~U~. ~GE 2~ ~f: 8~NC MORE ~CUt~I.Y OESCR~B[¢. ~.~ ~OMMENC:NG ~T ~E SOU~ST CORNER rile ~T UNE 0¢ ~E NORWAY 1.9~.g9 OF ~0 SEC~ 2~. 674.98 ~; POIN~ 0¢ BECINNINO; ~/NCE S.a~'4¢W.. 50.~ ¢~: ~ENCE N.0~26 2¢W.. ~.00 ~. ~CE N.8~3'~E.. 50.00 F[~: ~ENCE S.0626'20'F. ~O.00 F[~' fO ~[. POINT 0F BEGINNING. LEA~ EITE AREA SKETCH BOARD OF COUNTY COMMISSIONERS MISCEL .L~OUS CORRESPONDENCE SANUARY 20, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO ~£ FOR I~CORD WJ-,-I'I ACHON AS DII~Ci-~:L: :2. Minutes~: AJ Pathway Advisory Committee - October 15, 1997 minutes and agenda of November 21, 1997. Referred to BCC. Ochopee Fire Control District Advisory Board- October 6, 1997 minutes. Referred to BCC. Ce Pelican Bay MSTBU Advisory Committee - December I 0, 1997 minutes and agenda of.lanuary 7, 199g. Referred to BCC. AGEflpA iTEM aO.~ JAN 2 0 1998 CERTIFICATE OF A~x~'£~CITY FOR CLERK OF T~E CIRCUIT COURT COLLIER COUNTY, FLORIDA This is to certify that the microphotographs appearing on this reel are true and accurate reproductions of the records of the Clerk of Circuit Court, Collier County, Naples,Florida. That the records were microfilmed on the date or during the period indicated; and that at the time of microfilming the records were in the custody of the Clerk of Circuit Court. I~ is further certified that the records microfilmed on ~lcrofilmed under the authority of the Clerk of Circuit this reel were admissibility of records filmed they were microfilmed wi~urt: and that 1n order to insure archival q~ality, authentic reproduction, and legal and film approved by the Department of St equipment Information Services - Records ate, Division of Library and Management and that the guidelines set forth by the Department of State, Division of Library and Information Services - Records Management were adhered to. ~y/Year This to start with CASE NUMBER end with CASE NUMBER CERTIFICATE OF AUTHENTICITY REGARDING CONTENT OF INFORMATIO~ ON FILM certify that the microphotographs appearing on this film; and Microfilm Camera Operator Date - Month/Day/Year