Backup Documents 12/16/1997 RDecember 16, 1997
COLLIER C(TJNTY
BOARD OF COUNTY CO~9~ISSIONERS
A~ENDA
December 16, 1997
9:00 A.M.
ALL PERSONS WISH~ TO SPEAK ON ANX AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKINg.
AND WIL~ ~ ~ ~ 'PUBLIC PETITIONS".
ALL P. EGI~ PUBLIC ~ W]/J~ ~ LIMITED TO FIVE (5)
~ UNLESS ~SSION FOR ADDITI(~KL TIME IS GRANTED BX THE
CHAIKMAN.
A$SISTRI) LIST~qI~ K]~¥I~ FOR TH~ HEAR][~G IMPAIRED ARE
AVAILABLE IN TH~ CK]~]~TT CK~ISSI~' OFFICE.
I~31~CH RECESS S(2~C~OL~D FO~ 12:00 NO0~ TO 1:00 P.M.
1. INVOCATION - m~bbi J~ R. P~zm~m, Temple Shal~
2. PLEDGE OF ~IANC~
3. APP~O~,'AL OF ~ ~ ~ J~{~I{I{I]N%
APPROVAL OF MI]~J'FF~
/~;~rd~d aa pre~ented - 5/0
A. November 18, 1997 - Regular meeting
B. November 25, 1997 - Regular meeting
5. PROCLAMATIONS AND SERVICE AMARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming December as Drunk and Drugged Driving
Prevention month and that December 19, 1997 be designated as
Lights on for Life Day. To be accepted by Regina Wagstaff,
Pa~e I
December 16, 1997
Prevention Specialist from David Lawrence Center.
Adopted 5/0
B. SERVICE AMARDS
6. APPROVAL OF CLERK'S REPORT
A. A1/ALYSIS OF CHANGES TO RFA'ERVES FOR~I~.
PUBLIC PETITI(~S
A. CO~ITY DEVELO~ & SERVICES
Presentation of the 1997 Annual update and Inventory Report on
public facilities (AUIR) as provided for in Section 3.15.7 of
the Collier County Land Development Code.
Approved as presented 5/0
Discussion of the City of Marco Island Interlocal Agreement.
Staff reco~me~tion approved for the ten projects as
discussed. 5/0
B. P~LIC I~ORKS
1)
Requesting approval of the concept of a Livingston Road
Corridor Joint Participation Agreement.
Staff to work with Long Bay Partners to address concerns ~ich
have been rained and co~ back to the Board with a new
aGrc~nt. 4/1 (C~issioner Constantine ol~osed).
2)
Approval of a proposed plan to remove non-specification
material from portions of the Naples Beach.
Approved w/changes 5/0
Approve Work Order to replace three public water supply wells.
Approved 5 / 0
Added:
4)
Terminate contract with Sovereign Construction Group, Inc. for
Bid ,96-2588, Riviera Colony Phase II Utility Improvements.
Staff rec.¢=~mendation air, trowed 5/0
C. FUBLIC SERVI~
D. SUPPORT SERVICF~
Page 2
D~cumber 16, 1997
Consider funding Marco Island Civic Association $250,000 for
Marco Celebration 2000 Tourist Development Funds, special
events category.
Deleted - 4/0 (Co~missioner Constantine out)
2)
Approval of Contract for Financial Advisory Services.
Approved 510
AIRPORT AU77{ORITY
CfN3NTY ATTORNEY'S REPORT
A. Recommendation for the Board to consider an approve a proposed
settlement of the lawsuit styled Eagle Creek Properties, Inc.
v. Collier County, Case No. 93-0518-CA-01-TB and to authorize
the Board Chairman to execute the necessary settlement
documents.
AI;~proved 5/0
B. Request by the Housing Finance Authority for approval of
resolutions authorizing the Authority to issue multi-family
housing revenue bonds to finance qualifying apartment projects.
Res. 466 through Res. 471 - Adopted 5/0
10. BOARD OF ~ COMMISSIONERS
Ao
C o
Appointment of members to the Parks and Recreation Advisory
Board.
Res. 97-472 appointing John Grice and Timothy Blackford -
Adopted 5/0
Appointment of members to the Development Services Advisory
Committee.
Res. 97-473 appointing R. Bruce Anderson, Charles Morgan
Abbott, Herbert Savage, David Cox-rea and Darlene Koontz -
~ted 5/0
Appointment of member to the Hispanic Affairs Advisory Board.
Res. 97-474 appointing Kate Warner - Adopted 5/0
Zo
Appointment of members to the Isle of Capri Fire Control
District Advisory Committee.
Res. 97-475 appointing ~,arles Colvin and Chris Xigogianis -
Ac]opted 5/0
Request for street closure for Third Annual Cub Scout Soap Box
Derby. (Commissioner Hancock)
Approval of Blueblll Avenue to be closed from Vanderbilt Drive
to Gulfshore Drive between the hours of 9:30 A.M. and 5:00 P.M.
Pa~e ]
December 16, 1997
F o
on January 17, 1998 - S/0
Appointment of member to the Health Planning Council.
Res. 97-476 apfx)inting Michael Jernigan - Adopted 5/0
Appointment o5 member to the Marco Island Beach Renourishment
Advisory Committee.
Res. 97-477 ap~mointing Mary Nelson - Adopted 5/0
Appointment of member to the Golden Gate Beautification
Advisory Committee.
Res. 97-478 auf)ointing Cheryle Newman - Adopted 5/0
11. OT}~ CONSTITUTICH~AL OFFICERS
PUBLIC COlegDf~ ON GENERAL TOPICS
Ptl~LIC }{FJLRINGS WILL BE HF2LRD II, D~EDIATF2~Y FO~ STAFF ITEMS
12. ~TISED FUBLIC }[EAR[N~S - BCC
A. CC~EPPJ~ENSIVE PLAN ~S
Ce
2~
Petition PGA-97-2, William R. Vines of Vines and Associates,
Inc., representing Richard K. Bennett, Trllstee, Nations Bank
Land Trust 15222 for an amendment to the Twelve Lakes
Development of Regional Impact (DRI) Development Order 87-1,
Resolution 87-4, as amended, for the purpose o~ reducing the
number of authorized dwelling units from 1310 to 1000 and the
amount of commercial floor space from 160,000 to 112,500 square
feet; revising the date ~y which time significant physical
development was to have commenced; date prior to which no down
zoning action could occur; amending transportation conditions
and revising the phasing schedule for property located on the
north side of Davis Boulevard which extends north to Radio Road
in Sec. 4, T50S, R26E.
Res. 97-479/Develo~nent Order 97-5 Adopted w/change 5/0
Consider adoption of an Ordinance creating the Bayshore Avalon
Beautification Municipal Service Taxing Unit: providing the
authority; providing for the creation; providing for a purpose
and governing body; pro';lding funding and the levy of not to
exceed three mils of ad valorem taxes per year; providing for
the collection of taxes; providing for creation of the
Bayshore Avalon Beautification Advisory Committee; appointment
and composition; providing for terms of office of the advisory
committee; providing for officers of the advisory committee;
Page 4
Dece~r 16, 1997
3)
quorum; rules of procedure; providing for functions, powers and
duties of the advisory committee; providing for duties of the
County Administrator or his designee; providing for review
process of advisory committee; providing for conflict and
severability; providing for inclusion in the Collier County
code of Laws and Ordinances; providing for an effective date.
Ord. 97-82 A~t~ 5/0
Recommendation to adopt a Resolution setting forth the intent
of the Board of County Commissioners to use the uniform method
of collecting non-ad valorem assessments for interim
governmental services fees within the unincorporated area and
the incorporated areas of Collier County.
Res. 97-480 A~opt~ 5/0
13. BOARD OF Z~ APPEA/~
A. A~VERTISED P~IBLIC HEARII~GS
1) Petition AW-97-1, Randy Seyler of D. Ashton Enterprises,
Incorporated, requesting a 250 foot waiver of the minimum
required separation of 500 feet between places serving
alcoholic beverages and a church/child care center for a
restaurant located at 1046 Pine Ridge Road with a resulting
separation distance of 250 feet.
Res. 97-481 ;Udopted 5/0
14. STAFF' S C(~9~JNICATIONS
A. February 11, 1998 tentatively set for Collier/Lee meeting with
Corps of Engineers.
15. BOARD OF CO~R[TY ~SSIONEltS' ~ICATIONS
16. CO~4$ENT AGE.DA - All matters listed under this item are considered
~o be rodtine-and action will be taken by one motion without
separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be. removed from the Consent
Agenda and considered separately.
l~r~ axed~or ado~t(~zl w~th c~-"~es - 5/0
^. ~TY DEVELOFI(E~ & ENvI~AL
1) Grant final acceptance of the roadway, drainage, water, and
sewer improvements for the final plat of 'The Orchards'
Res. 97-463
Approve for recordin~ the final plat of 'Autumn Woods Unit Two
and approve Petition AV-97-022, the vacation of a portion of
Page 5
3)
4)
2)
3)
4)
5)
6)
7)
December 16, 1997
the Autumn Woods Unit One plat.
Res. 97-464 w/Construction and Maintenance Agreement and
stipulations
Deferral of 100% of the impact fees for a 140 unit affordable
housing project to be built by CEI/Kensington, Ltd., a Florida
Limited Partnership, known as Saddlebrook/Pelican Pointe Phase
I Apartments affordable rental units.
Res. 97-465 and Agreement
Approval for recording the final plat of "Pelican Strand Replat
2'
With Letter of Credit, Construction and Maintenance AGreement
arid stipulations
PUBLIC WORKS
Work Order for Professional Engineering Services to Agnoli,
Barber & BrundaGe, Inc. for Imperial West/Landmark Estates
Drainage Project, Work Order No. ABB-FT98-3, Project No.
31203.
In t3~e amount of $31,498.00
Award a Construction Contract to Milmir Construction, Inc.,
the re-bid of the NCR;~F 8-MGD Expansion Project, Bid ~97-
2690R, Project 70859/70828.
In the aa~unt of $13,684,984.90
for
This item has been deleted.
Approve a Joint Project Agreement and Memorandum of Agreement
with Florida Department of Transportation to construct the
State Road 951 12" Water Main Improvements as a part of the
State Road 951 Road Widening Project, Project 70824.
This item has been deleted.
Approve Change Order with Sunshine Excavators, Inc. for the
Lely Hibiscus Culvert Crossing, Projec~ No. 31101; Contract No.
96-2613.
In the amount of $19,534.25
This item has been deleted.
Approve Amendment No. ~wo to Professional Services Agreement
with Hazen & Sawyer, P.C., for the North County Regional
Wastewater Treatment Facility 5-MGD Expansion, Contract 96-
2474, Project 730~1.
In the az~ount of $65,750.00
9) Award contract to Mid-Continent Electric, Inc. to construct
Page 6
Dec~nber 16, 1997
Immokalee Do,,,7%to,~n Streetscape Beautification, Phase II, Sub-
Phase a (Bid 97.-2694) (Project t68063).
In the amount of $455,534.50
C. PUBLIC SERVI CF-g
1) Award the Vanderbilt Beach Concession Agreement.
To ~y-Star ~l~t~, Inc.
D. ~P~T S~~
1) Approval to award Bid ~97-2751, Waterproofing A~inistration
Building 'F' to Roan Waterproofing & Restoration Systems Inc.
In the ~unt of $49,711.00
E. C~ ~I~~R
1) Reallocation of funds for Tourist ~velo~ent Economic Disaster
Program.
F. ~ OF C~ ~SSI~
G. MI ~F~~S CO~~
i) MI~EI,I~IS I~g ~ FILE ~R ~O~ Will A~I~ ,~ DI~.
H. ~ C~I~IO~L OFFICES
1) To approve the use of Confiscated Trust Funds for a law
enforcement program and approve the Fund 602 budget amen~ent.
I. ~ A~RN~
J. AIRART A~{ORI~
17. ~~
I~IRIF~ ~~ ~~ ~ ~ ~'S ~~ ~I~ BE ~E ~
T~fE ~ AR~[INISTRATOR'S OFFICE AT 774-8383.
Page 7
AGENDA CHANGES
~")JRD OF COUNTY COMMIS, SlONE.RS' MEETING
DECEMBER 16, 1997
ADD: rEM S(A)(2) - DISCUSSION OF THE Crrr OF MARCO ISLAND ~TV'fE~O~
AGREEMENT. (STAFF'S REQUEST).
ADD: ITEM t(B)($) . APPROVE ~YORI~ OR. DER TO REPI..,,ICE THREE PUBLIC WATER
$[IPPL Y I~fELI~ (STAFF'S REQUE3'7).
ADD: ITE34 t(B) (4) . TERMTN/I TE CONTRA ~ DTITt SO FEREIGN CONSTRUCTION
GROUP, I~'C. FOR BID #96-25t$, RIFTER~ COLONY PHASE H UTILITY
IMPROVEMENTS, 6¥TAFF'$ REQUES7).
ADD: ITEM 10(1). DISCUS, SION RE: ADOPTION OF,4 BUDGET FOR COURT
ADMINI,$7'RA TION (COMMI, T~IONER AL4
WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMATION
obtaining a license to drive la a major milestone for youth and a necessity for
tht majority o four citizens, we must teach young people the responsibilities that
accompany having a driver's license. At the same time, we rnu~t teach them
about the risks of driving under the Influence of drugs and alcohol; and
all citizens and institutions need to acknowledge that a license to drive la not a
license to kill, injure or destroy. We must also recognize that when we drive
under the influence of drugs and alcohol, we are saying that under certain
circumstances it's okay to harm our famllie& friend& and neighbors; and
we all need to take a stand agalnst tmpatred drlvtng, indMdually and
collectively, intervening to prevent others from drtnldng and drMng should be
common practice among hosts and friends. We must uae desiu~at,~d drfi, ers and
plan alternative transT*ortatlon when we know we will be drinking. Through our
schools, places of employrnent, hou~ea of worship, and communi.~
organizations, we must send the message that drtnklrg and drh, tng Is not
socially acceptable; and
~71ERF~S, the holidays
by not
Llghtt
make our community saf~
We also ask that on
-- on to support National
NOW
ottr
DONE.riND ORDERED
month by taking
and teaching
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTE FLORIDA
· ~or~ L.'H~C~K, CHg~
8 E 2
FINANCIAL ADVISOR AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND WILLIAM R. HOUGII & CO.
THIS AGREEMENT is made and entered into this /o '"' ~: day o(/.~.,'t 1997 by and between
COLLIER COUNTY FLORIDA, a political subdivision of the State of Florida ('COUNTY") through its
Board of County Commissioners;
and
WILLIAM R. tlOUGH & CO., a Florida Corporation with its principal place of business located at I00
Second Avenue South, Suite 800, St. Petersburg, Florida 33731 ('WRIt").
WITNF~SETH:
In consideration of the mutual t¢~,,~s and conditions, promises, covenant~ and payments hereinafter .set
forth, COUNTY and WRH agree as follows:
A. It is understood by the partie~ hereto that COUNTY requires prof~sional financial advice from
time to time on various matters involving its normal operations and further intends to undertake
the issuance of notes and bonds to finance the variou~ capital needs of the COUNTY. It ia also
understood that in connection with ~uch professional advice and the issuance, sale and delivery of
such bonds, COUNTY de~ires WRH to perform professional services in the capacity of
COUNTY's Financial Advisor.
B. WRH is, and shall be, in the performance of all work service~ and activities under this
Contract, aa Independent Contractor, an:! not an employee, agent, or servant of the COUNTY. All
persons engaged in any of the work or service~ performed pursuant to this Contract shall at all
times, and in all places, be subject to WRH's sole discretion, wapervision, and control. WRH shall
exercise control over the means and manner in which it and its employee~ perform the work, and
in all respects WRH's relationship and the relationship of ils employees to the CGUNTY shall be
that of an Independent Contractor and not as employees or agents &the COUNrI'Y.
2. ,SCOPE .9]~ SERVICE
By this Agreement, '~q~LH offers its professional ~ervices and facilities as Financial Advisor and
agrees to perform the duties normslly performed by Financial Advisors as set forth herein and to
perform such other duties as Financial Advisors as may be requested from time to time by the
COUNTY. Specifically, WRH agrees, a; directed by COUNTY:
ho
To review and evaluate the financial condition, policie~ and pla.ns of the COUNTY and work
with the COUNTY's staff to assist in the development of a long te~m financial plan in
conjunction with the COUNTY's growth management plan.
Bo
To cooperate in and coordinate any financing herein contemplated, to prepare the necessary
financial studies designed to demon,re'ate the many varying aspects of a particular type of
financing and to recommend for COUNTY's approval a plan of financing to cover any
proposed bonds. Such plan shall include a maturity schedule and other terms and conditions as
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will, in thc opinion of WRH, result in thc issuance of bonds under terms consistent with
obtaining minimum net interest cost. Such studies shall include thc compilation and analysis
of all necessary statistical data.
To review and make recommendations on reports of accountants, engineers and other
consultanLs to assure that such reporls properly address the technical, economic and financial
risk factors affecting thc marketability of any proposed financing.
To assist COU~'N'I'Y with thc necessary steps to be taken for thc legal issuance of bonds and the
final delivery of the bonds, under thc direction and legal advice of a firm of recognized bond
attorneys to be retained by COUNTY. To work with the COUNTY Attorney, Bond Counsel
and COUNTY'S Investment Banker in identifying key bond covenant features. To provide
option flexibility and assume possible interest cost to thc COUNTY.
To advise COUNTY of current market conditions, forthcoming bond issues, potential tax
considerations and other general information and economic data which might normally be
expected to influence interest rate conditions so that thc date for thc sale of bonds can Ne set at
a time which, in thc opinion of WRt-t, will be favorable for thc COUNTY.
To assist thc COUNTY's financing team in gathering and analyzing necessaD, data relating to
a proposed bond issue for a rating agency presentation and credit enhancement from an
insurance company or a letter of credit bank.
To review COUNTY's efforts to obtain Federal and State financial assistance and make such
recommendations as may be necessary.
In a negoliatcd .sale, to work with the COUNTY'S Staff, Bond Counsel and Underwriter in
preparation of all the necessary financial statements, legal documents and certifications which
would fully describe thc bonds, security, the project, thc COUNTY rnd its ability to pay debt
service on the bonds.
To assist and advise COUNTY in negotiating with the. COUNTY's Investment Banker
regarding fees, pricing and terms of the bond issue.
To arrange for thc printing of thc bonds and thc official statements and arrange other
certification necessary.
To assist in the preparation of annual reports issued subsequent to the completion of a bond
sale.
To assist COUNTY and Io serve as its agent in the investment of all proceeds of financzng and
any other funds requiring investment.
To provide such other services to thc COUNTY as outlined in the COUNTY's Request for
Proposals 1497-2673, County Financial Advisory Services, a copy of which is attached hereto,
labeled Exi'fibit "A", and incorporated herein by reference.
Page 2 of R
pERSONNEL_TO BE ASSIGNED_
Thc following mcmber~ of WRII will be assigned primarily to work with COUNTY as Financial
Advisors on the Project:
William J. Reagan, Senior Vice President
Bonnie Wise, First Vice President
A. The COUNTY has the right to approve, disapprove or change any of the staff assigned by
WRH to the account. If, for any reason, the personnel assigned is changed or replaced, the
COUNTY has the fight to immediately terminate the contract.
B. The COUNTY has the right to request, for any reason, WRH to replace any personnel
assigned. Should the COLrNTY make such a request, WRH shall promptly suggest a
substitute until a ~tisfactory substitute is selected.
OBLIGATIONS OF THE COUNI"Y~
Thc COUNTY will retain bond counsel and other advisors and/or consultants deemed necessary
and appropriate for development, contracting and financing. Consultations and requests for
services by WRH from COUNTY's consultants in technical, accounting and other matters as may
be appropriate is subject to previous approval by COUNTY. COUNTY may select managing
underwriters, in the event of negotiated bond sales, with the assistance of WRH in soliciting and
evaluating proposals from various firms. Fees for services rendered by counsel, consultants or
other advisors will be paid by COUNTY.
.COMPENSATION
A. Thc Financial Advisor shall be compensated pursuant to the following achedule:
(1) For all services not directly rclated to the issuance of bonds or notes, WRH shall be paid:
a. A rate ofsi75.00 per hour for thc time and services of all officers, Senior Vice
Presidents and First Vice Presidents; and
b. A rate of $75.00 per hour for the time and services of all financial computer analysts.
(2) For all services related to the issuance of bonds or notes issued by the COUNTY.
regardless o f the manner of sale:
Amount of Dcbl
For thc tirst $10,000,000 (minimum fee orS10,000)
For the next $ I0,000,000
Amounts above $20,000,000
with a maximum fee of $50,000 as to any singular issue.
Feels ! .000
Sl.O0
S .75
S .50
Page 3 of g
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Any fcc paid undcr this scction on a complctcd issue shall be credited by any sums paid on said issue
bascd on an hourly basis.
Bo
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For advisory services rcqucsted by the COUNTY related to all bond financing by legal
entities other ti,an the COUNTY which are transacted within the COUNTY and which require
COUNTY review and oversight responsibility, WRH shall bill the issuing entity at the agreed
upon rate after review of thc proposed financing. Reimbursement shall be made as set forth in
Paragraph E below.
WRH shall bill monthly for any professional services rendered pursuant to this Agreement and
identify thc individual, thc hourly rate, thc work pcrformcd and thc projcct description.
WRH shall provide such serviccs as authorized by the COUNTY acting through the COUNTY
Administrator or his designee and shall provide an estimate of time and cost prior to the time of
said authorization.
In thc cvcnt thc sc~'iccs to bc performed arc to exceed thc estimate, WRH shall advise the
COUNTY Administrator or his designee and obtain his approval prior to exceeding the original
estimate.
[:or expenses reasonably incurred in connection with this Agrccment, COUNTY shall pay WRH
on an actual cost basis, in accordance with Chaptcr 112, Florida Statutes, for its out-of-pocket
expenses reasonably incurred in thc course of providing profcssional services to COUNTY.
William R. ttough& Co. will not charge for travel cxpcnscs incurred within Collier County. All
invoices for such rcimburscmcnts shall contain complete and detailed information as to the item or
charge sought to be rcimburscd. Out-of-pocket expenscs shall include travel, meals, lodging and
communications. WRH will bc reimbursed for any extraordinary costs for graphics, printing and
specialized data processing requested by thc COUNTY.
In order £or both panics herein to close their books and records, WRtl will clcarly state "final
invoice" on WR|t's last and final billing to thc COUNTY for cach separate authorization to
perform services. Since this account will thereupon be closed, any other charges not properly
included on ~his final invoice are hereby waived by WR}I.
9ENE~RAL P~,OViS1ON$
r'
WRH agrees to keep such records and accounts on all matters pertaining to thc providing of its
services under this contract (including complete and correct entries as to any expenses) for
which WRH expects to be reimbursed. Such books and records shall be available at all
reasonable times for such examination and audit by COUNTY.
The COUNTY Administrator is hereby designated as the representative of the COUNTY. All
work performed by WRIt pursuant to the Agreement shall be by the direction of the COUNTY
acting through thc COUNTY Administrator or his designee and all communications pertaining
to the progress of any v,,ork performed hereunder shall be addressed to the COUNTY through
thc COUNTY Administrator or his designee.
Page 4 of 8
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WRH warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for WRH, to solicit or secure this Agreement and that they have
not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for WRH, any fee, commission, percentage, gills, or other
consideration contingent upon or resulting from the award or making of this Agreement. For
the violation of this provision, COUNTY shall have the fight to terminate the Agreement
without liability at its discretion, and to deduct from the contract price, or otherwise recover,
the full amount of such f~, commission, pm'centag¢, gilt or consideration.
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered under any circumstances by WRH without prior written consent of COUNTY.
However, this Agreement shall run to the Collier County government and its successors.
Upon submission, all advice becomes the property of the COUNTY which has the legal right
to usc any or all ideas provided through WRH's professional advice.
All work papers/products developed as part of thc contract performance become the property
of the COUNTY upon termination of the contract or as they are created for any given project.
The COUNTY reserves the fight to audit all records of the financial advisor relating to this
contract, for a period of three (3) years after termination of the contract.
WRH agrees, at a minimum, not to discriminate in hiring practices on the basis of race, color,
religion, age, sex or national origin.
The COUNTY reserves the right to award contracts to more than one (1) financial advisor, as
determined to be in the best interest of the COUNTY, and to add to or delete from the scope of
services contained herein.
The Financial Advisor shall not act as an underwriter, or in any manner other than as financial
advisor, lbr bond issues of the COUNTY during the term of this contract.
The Financial Advisor shall comply with all applicable Federal, State and Local laws, rules
and regulations pertaining to the marketing, sale and issuance of any bonds of the COUNTY.
The COUNTY and WRtt shall comply with the provisions of Chapter 119, Florida Statutes, in
regard to this Agreement.
WRH shall promptly notify the COUNTY in writing by certified mail of all potential conflicts
of interest for any prospective business association, interest or other circumstance which may
influence or appear to influence WRH's judgment, or quality of services being provided
hereunder. Such written notific~:tion shall identify the prospective business association,
interest or circumstance, the nature c,f work that WRH may undertake and request an opinion
of the COUNTY as to whether the association, interest or circumstance would, in the opinion
of the COUNTY. constitute a conflict of interest if entered into by WR.H. The COUNTY
agrees to notify' WRH of its opinion by certified mail within thirty (30) days of receipt of
notification by WRH. If', in the opinion of the COUNTY, the prospective business association,
interest or circumstance would not constitute a conflict of interest by WRH, the COUNTY
shall so state in its opinion and the association, interest, or circumstance shall not be deemed in
Page $ of 8
conflict of interest with respect to services provided to the COUNTY by WRH under thc terms
of this Contract.
M. This Agreement shall bc governed by the laws of thc State of Florida. Any and ali legal action
necessary to enforce the Agreement will be held in Collier County and the Agreement will be
interpreted according to the Laws of Florida. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every such remedy shall be
cumulative and shall bc in addition to ever)' other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any
paay of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
In any action brought by either party for thc enforcement of the obligations of thc other
party, thc prevailing party shall be entitled to recover reasonable attorney's fees.
N. Ail notices required in this Agrccrnent shall bc sent by certified mail, return rcccipt requested,
and if sent to thc COUNTY shall be mailed to:
Collier County, Florida
3301 East Tamiami Trail
Naples, Florida 34112
Ann: County Administrator's Office
If sent to WRI'-{ shall bc mailed to:
William R. ttough& Co.
500 Fifth Avenue South, Suite 501
Naples, Florida 34102-6615
Attn: William J. Reagan
7. ~ P #9% 7 I ADVI RY , RVI ES AND
QF At.I~-~-LQ~qEGOTIATION$/AGREEMENT_S-
COUNTY RFP #97-2673 (County Financial Advisory Service::) is hereby specifically
incorporated by reference as part of this Agreement, except as follows:
With respect to Paragraph 5.a on page 16 of the RFP, WRH currently self-insures its professional
liability risks, but has recently applied for errors and omissions insurance for $5,000,000. WRH will
inform COUNTY when such coverage is obtained.
With respect to indemnification on page 16 of the RFP (the indemnification provision set forth
therein) this paragraph is hereby excluded from the Financial Advisor Agreement. Instead, the
Contractor;Vendor CWRtf') agrees to indemnify, hold harmless and defend COUNTY and its agents
and/or employees from all suits and actions, including attorney's fees and all costs of litigation and
judgments of any name and description which specifically arise out of or are related to any grossly
negligent or intentionally wrongful act or omission of the WRH in the performance of any of the services
Page 6 of 8
specifically performed by thc WRIt pursuant to thc Scope of Services provision of thc Financial Advisory
Agreement, if COUNTY has requested the WRH to perform the specific scn,'ices in advance of providing
such scrviccs in writing and thc WRI-] has in writing, other than this Contract, agreed to perform such
services in advance. In the event of any joint gross negligence, intentional wrongful act or omission on
thc part of COUNTY or its agents and/or representatives and the WRH. any loss shal! be apportioned and
the indemnification shall be limited to the WRH percentage of fault in accordance with the provisions of
Florida law. This indemnification, hold harmless and defense obligation is in addition to insurance
provided by WRH pursuant to County RFP # 97-2673.
A. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree
that there arc no commitments, agreements, or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agrcements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality ,~nd of equal dignity herewith.
8. TERMIHAT/gN. RENEWAL AND EXTENSION
A. This Agreement shall bc in effect for two (2) years from thc date entered above and may be
renewed for one additional year period unless canceled with or without cause in writing by
COUNTY upon 7 day.,; written notice to the other party, in the event WRH receives termination
notice from thc COUNTY. WRtl shall be reimbursed for out-of-pocket expenses reasonably
incurred and shall be entitled to fees for services performed to the date of termination, all as
provided for in this Agreement.
B. Thc County Administrator or his dcsignee may, at his discretion, extend the Agreement under
all of thc terms and conditions contained in this Agreement for up to ninety (90) days. The County
Administrator, or his designee, shall give the Contractor written notice of the COUNTY's
inlention ~o extend thc Agreement term not less than thirty (30) days prior to thc end of the
Agreement term then in effect.
Page 7 of 8
IN WITNESS WHEREOF, thc Bo.',rd o£ County Commissioners of Collicr County, Florida. and
WRH have each, rcspcctivcly, by an aulhorized pcrson or agcnt, hcrcundcr sct thcir h,'mds and
scals on thc dalc and ycnr first abovc written.
ATTEST
Clerk of the Circuit Court
D~tc: '
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Tir~0thy L. Hancock. C~airman
Approved as Io form and legal sufficiency for
Collier County:
Chief Assistant County Attorney
Witncss Signature
/
/
. ?& ./.~ ?'/.~. *'__._.~_~
Witness Printed Name
WILLIAM R. HOUGtl & CO.
,, . y
,gZilliam J. R/ag~m', F/nancial Advisor
-//../c (
itncss Printed Name
Page 8 of 8
CORPORATE SEAL
IN Tile CIRCUIT COURT OF TIlE TWENTIETtl JUDICIAL CIRCUIT IN AND FOR
COI. LIER COUNTY. FI.ORIDA CIVIL ACTION
9 A
EAGI.E CREEK PROPERTIES, INC.,
EAGLE CREEK UTILITY COMPANY,
and EAGLE CREEK UTILITY I!, INC.
Plaintiffs,
COI.LIER COUNTY, a political
~sabdivlsion of the Slate of
Florida, and the COI.LIER
COUNTY WATER-SEWER DISTRICT,
Defendants.
CASE NO.: 93-0518-CA-01-TB
SETTI.EMENT AGREEMENT
This Settlement Agreement is made and entered into this ~ da),' of ,, ,-
and between the Plaintiffs and thc Defendants.
199~. by
On or about March 8. 1993. Defendants answered Plaintiffs'
counterclaim which sought:
RECITALS
]-his action was commenced bv Plaintiffs on or about February 8. 1993. In their complaint,
Plaintiffs sought:
a. a declaratory judgment regarding thc validity of a December 22. 1987, agreement
between Plaintiffs and Defendants;
b, damages for the alleged taking of property or property rights ov,'ncd bv Plaintiff
Eagle Creek Utility, II. Inc.;
c. a class certification and repayment to the members ortho class for sewer impact fees
paid by the class members to the Defendants; and,
rescission ora deed which conveyed sever facilities from Plaintiffs to Defendant.
complaint and asserted a
Eagle Creek/Collier County I of 8
a. to compel specific performance of the
Plainti Ils and Defendants;
Il. damages for breach of contract; and,
c. an injunction to require Plaintiffs to connect the
Development to the Collier County sewer system.
December 22, 1987, agreement bctwecn
Eagle Creek Planned Unit
On July 18, 1993, Circuit Court Judge Hugh D. Hayes authorized Plaintiffs to prosecute
Counts Three and Four of Plaintiffs complaint as a class action on behalf of all property
owners within the Eagle Creek Planned Unit Development.
On October 12, 1993, Circuit Court Judge Hugh D. Hayes entered a temporary injunction
which provided that from that date forward all disputed impact fees allegedly payable by
residents of Eagle Creek to Collier County were to bc deposited into the Court Registry
pending the outcome of this litigation.
On November 15, 1993, notice was sent by Plaintiffs to all class members. Class members
were required to request exclusion from the cia.ss by December 31, 1995. No member of the
class requested exclusion.
on March 26, 1997, Judge Ted Broust~eau entered a summary'judgment against Plaintiffs on
all claims. However, gveral of the is,ggs raised in thc Complaint remain pending as a result
of Plainti frs' affirmative defens~ to Defemlant's Cotmterelaim.
On July I, 1997, Plaintiffs filed an appeal of the summary judgment entered by Judge
Brous.seau and that appeal is now pending.
,Thc parties wish to terminate this litigation by settlement and by adjusting their various
rights.
Settlement of this litigation shall reouire approval of thc Court pursuant to Florida Rule of
Civil Procedure 1.220(e) and notice to the class members.
Eagle Creek/Collier County 2 of 8
TEI:P, IS
NOW TtlEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
10. The above recitals are true and correct.
! !. Plaintiffs and Defendants shall dismiss their respective claims, with prejudice.
12.
Plaintiffs, or their successors, transferees or assigns, shall be permitted to operate a sewer
system ~rving thc Eagle Creek Planned Unit Development and associated areas currently
approved by the Collier County Water and Wastewater Authority until September 30, 2000.
Plaintiffs shall operate the sewer system in accord with all regulatory requirements of Collier
County, the State of Florida, and federal or local agencies with jurisdiction.
13.
Effective October I. 2000, Plaintiffs, or their successors, transfcrccs or assigns, shall transfer
to Collier County and thc Collier County Water-Sewer District thc following:
(a) All rights, claimed or otherwise, to provide wastcwatcr service to thc Eagle
Creek PUD and associated areas and as defined by Certificate No. 05S issued
by thc Collier County Water and Waslewater Authority.
lb) All real and personal property including but not limited to all fixtures,
structures, lines, facilities, pipes and lift stations, including but not limited to
the lift station ~ljacent or near Plaintiffs' sesver treatment plant, that form any
part of the collection system identified by Collier County and the Collier
County Water-Wastewater Authority as necessary for purposes of providing
wastewatc'r service to lhe Eagle Creek PUD and associated areas and as
defined by Certificate No. 05S
(c) All easements identified by Collier County and the Collier County Water-
Sewer District as necessary for Collier County and the Collier County Water-
Sewer District to provide wastewater service to the Eagle Creek PUD and
associated areas and as defined by Certificate No. O5S.
Eagle Creck./Collier County 3 of 8
9
Thc Plaintiffs, or their successors, transfcrccs or assigns, shall rciain owncrship of their
scwcr treatment plant and thc land upon which their sewer trcatrncnt plant is Ioca[cd.
^ccording]y. Collier County and the Collier County Water-Sewer District shall assume sole
responsibility for compliance with all laws, whether local, state or £edcral, and for
maintenance of thc collection system and easements trans£crrcd by Plaintiffs a~ a result of
this Settlement Agrco'ncnt while Plaintiffs, or their successors, trans£crccs or assigns, shall
remain solely responsible for compliance with ali laws, whether local, state or federal,
insofar as thc continuing ownership and maintenance or abandonment of the scwcr treatment
plant and thc land upon which the sewer trcatment pIant is located is conccrncd.
14.
The panics further agree that they shall coopcratc in effccting thc transf'cr in a reasonable and
timely fashion in order to ensure that service may continuously bc provided to the Eagle
Creek PUD and associated areas and as defined by Ccrtificatc No. 05S. In this rcgard, and
without limilation, thc panics agree to share thc following duties and costs of thc transfer:
(a) Plaintiffs, or their succcssors, transf'crccs or assigns, shall be solely
responsible for preparation of all documents and payment of any and all
associated costs for purposes of transferring or retiring Ccrtificatc No. 05S
issued by thc Collier County Water and Wastcwater Authority. Ail such
documcnts shall no,'crthclcss be subject to review and approval by Collier
County and thc Collier County Water-Sewer District. Defendants agree,
however, that should any fcc bc rcquircd under any County ordinance in
connection with any transfer or retircmcnt of Ccrtificatc No. 05S to the
Collier County Waler-Scwer District, Dcfcndants shall bcar the cost of such
fcc.
(b) Collier County and the Collier County Water-Sewer District shall, at their
cost, be responsible for identifying all portions of thc collection system
deemed necessary for Collier County and the Collier County Water-Sewer
District to providc waslewater service to Eagle Creek PUD and associated
areas and as dcfincd by Ccrlificate No. 05S and preparing all necessary
documents of transfer subject to review and approval by Plaintiffs, or their
successors, t~nsfcrccs or assi~s.
Eagle Creek/Collier County 4 of 8
(d)
(c)
Collier County and thc Collier County Water-Se~,'er District shall, at their
cost, be responsible for identifying all casements deemed necessary for
Collier County and the Collier County Water-Sewer District to provide
wastcwater service to Eagle Creek PUD and thc associated areas and as
defined by Certificate No. 05S and preparing ali necessaO' do~:uments of'
conveyance subject to review and approval by Plaintiffs, or their successors,
transferees or assigns.
Plaintiffs, their successors, transferees or assigns agree to create or acquire,
at their cost, any necessao' casements not already in existence for purposes
of an orderly transfer to Collier County and thc Collier County Water-Sewer
Distric~ of thc right to provide wastewaaer service to the Eagle Creek PUD
and associated area~ and as defined by Certificate No. 05S.
The Defendants shall bear all costs associated with the physical connection
to thc Eagle Creek service area to the Collier County Water-Sewer District
sewer service facilities.
15.
From Dccember 16, 1997, forward Eagle Creek Properties, Inc., its successors or assigns,
shall be exempt from paying up to the next 87 residential sewer service availability fees (i.e.
sewer impact fccs) to Collier County in the Eagle Creek aervicc area. This exemption shall
apply whether the Eagle Creek area is served by Eagle Creek Utility Il, Inc., or the Collier
County Watcr-Scwer District.
16.
From December 16, 1997, forward Eagle Creek Properties, Inc., its successors or assigns,
shall bc exempt from paying the next $50,000.00 of commercial sewer service availability
fees (/.c. sewer impact fees) to CoIlier County in the Eagle Creek service area. This
exemption shall apply whether the Eagle Creek area is served by Eagle Creek Utility II, Inc.,
or the Collier County Water-Sewer District.
17.
Plaintiffs, individually and as class ~epresentatives, shall receive from Collier County the
sum of 5200,0¢~9.00 within 20 working days after the approval of this agreement and entry
of final judgmtmt by the Collier County Circuit Court. Within 30 days of receipt of the
Eagle Creek/Collier County 5 of 8
9 A
$200.000, Plaintiffs shall be reimbursed from this sum for their reasonable costs and
attorneys fees. From the remainder. Plaintiffs shall disburse the funds as follows:
ao
Seventy-five percent (75%) shall be paid to Plainti frs for their individual claims; and,
Twenty-five percent (25%) shall be paid, pro-rata, to all members of the class.
18.
Neither Plaintiffs, nor their successors, transferees or assigns, shall abandon the sewer system
serving Eagle Creek at any time prior to September 30, 2000, unless they shall give 120 days
prior notice to Defendants. In such event, Collier County and the Collier County Water-
Sewer District shall have the exclusive right to provide service to the Eagle Creek service
19,
Thc Court shall retain jurisdiction of this matter to enforce thc terms of this Settlement
Agreement.
20.
Even though executed and recorded, this Settlement Agreement and thc Mutual Release
attached hereto as Exhibit I shall be effective only after approval and entry of final judgment
of thc Court pursuant to Florida Rule of Civil Procedure 1,220(c) and provided that no more
than five percent of the class members elect to not approve the Settlement Agreement within
thc time specified by the Court.
21,
]'his Settlement Agreement and the Mutual Release attached as Exhibit I shall be binding
upon thc heirs, predecessors, successors, transferees and assigns of the parties.
Eagle Creeka'Collier Count)' 6 of 8
IN WITNESS WilEREOF, thc parties have executed this Settlement Agreement on thc dates
indicated.
Print Name
P~nt Name
PLAINTIFFS:
EAGLE CREEK
PROPERTIES, INC.
(Corporate Seal)
Pdnt Name
Print Name
EAGLE CREEK UTILITY II. INC.
By: ,/,~-..q /~_ a,~-~o Date:
Dav~.ffJ. Amic3; President
(Corporate Seal)
Eagle Creek/Collier County 7 of 8
DEFENDANTS:
9 A
ATTEST:
DWIGHT E. BROCK. Clerk of Courls
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA AS THE-...
GOVERNING BODY .." OF COLLIER
COUNTY AND AS EX-OFFICIO, THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER- SEWER DISTRICT.
Approved'as to legal form and sufficiency: Timoth);.~.//~lS'cocl~, ~ha~rm~n
Michael W. Pcttit. Coun~l forounty and the Collim' County Wat~r-Sew~ District in Eagle
Creek Propertie.~ Inc. v. Collier COUt~t~', Ca~ No. 93-0518-CA-01-TB.
Assistant County Attorney
Eagle Creek/Collier County 8 o£ 8
9 A
MUTUAL REI~EASE
IN CONSIDERATION of the settlement of their differences and disputes as set forth in detail in the
Settlement Agreement to which this Mutual Release is attached as Exhibit 1, and also in
consideration of their respective promises and covenants in this Mutual Release, Eagle Creek
Properties, Inc. and Eagle Creek Utility II, on behalf of themselves and their owners, directors,
officers, agents, represcmtatives, attorneys, employees, predecessors, successors, heirs, transferees,
assigns and all members of the class certified in Collier County, Florida Circuit Case No. 93-0518-
CA-O I-TB and Collier County and the Collier County Water-Sewer District on behalf of themselves
and their elected officials, employees, agents, representatives, attorneys, predecessors, successors,
transferees and assigns hereby expressly release and forever discharge one another and their
respective owners, directors, officers, elected officials, agents, representatives, attorneys, employees,
predecessors, successors, heirs, transferees and assigns from any and all cause or causes of action,
claims, wages, demands, rights, liens, agreements, contracts, ~'lions, suits, obligations, debts, dues,
sums of money, attorney's fees, costs, accounts, reckonings, covenants, charges, liabilities, promises,
executions, complaints, damages, injunctions md judgments of whatever kind or nature, whether at
law or in equity, or otherwise and whether now known or unknown, present or future, arising out of
or in any way referring or relating to any allegations or claims that were made or that could have
been made by any party in Collier County Circuit Court Case No. 93-0518-CA-01-TB except that
nothing in this Mutual Release is intended to apply to or prevent any claim by any of the parties
hereto to enforce any tcnii or provision of this Mutual Release or the Settlement Agreement to which
it is attached.
IN WITNESS WHEREOF, the panics or their duly authorized representatives, have signed and
sealed this Mutual Release.
Witnesses:
Print Name
EAGLE CREEK
PROPERTIES, INC.
D~'~d J. Arm/co, President Date:
(Corporate Seal)
Print Name
EXHIBIT 1
Page I o f 2
Print Name
EAGLE CREEK UTILI"I"Y II, INC.
D~id J. AnCo, President
(Corporate Seal)
Print Name
ATTEST: '
· D,,WIGHT E: BROCK, Clerk of Couns
BOARD OF COUNTY COMMISSI~)~RS '..
COLLIER COUNTY, FLORIDX AS TIlE "
OOV~NrNG .OD~ OF."
CO~ AND AS EX-O~FICIO
~VE~G BOARD OF THE COLLIER
couN~ WAV~-S~W~R ~S~.
Approvo, as Io legal Corm and sumcicncy: ,~oth>,Z/d.l~c(>c~ ..... -, _
/.;.
_ . .tit, Courtsel for Collier CoWry and th,: Collier Coun Water-Sew ' ·
Creelc ?roperttes Inc. v. Collier County, Case No. 93-051S-CA-O 7TB er District in Eagle
Asaistant County Attorney
EXHIBIT I
Page 2 of 2
EAGLE CREEK UTILITY II, INC.
Print Name
D'9)t'~ J. AnCo, ~resident
(Corporate Seal)
Print Name
ATTEST: '
' D. WIGHT E. BROCK, Clerk of Courts
.....y
Approvol a~ to legal form and sufficiency:
BOARD OF COUNTY COMMISSI~3NERS
COLLIER COUNTY. FLORID~ AS THE
GOVERNING BODY OF." COLLIER
COUNTY AND AS Ex-OFFICIO TIlE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER- SEWER DISTRICT.
Michael W. Pettit, Counsel for Collier County and fl~e Collier County Water-Sewer District in Eagle
Creek Properties Inc. v. Collier Court.tv, Case No. 93-0518-CA-01-TB.
2'
EXHIBIT 1
Page 2 of 2
·
RESOLUTION 97-466
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COtE4TY, FLORIDA, APPROVING THE ISSU,~.NCE CF NOT
EXCEEDING $4,900,000 HOUSING FINANCE AUTHORII-f OF COLLIER
COUNTY MULTI-FA24ILY HOUSING REVENq3E BONDS, SERIES 1997
(SADDLEBROOK VILLAGE APARTMENTS PROJECT, TO BE RENA~<ED AS
PELiO%N POINTE) PURSUANT TO C~3%PTER 159, PART IV, FLORIDA
STATb"FES, AS A3~ENDED.
BE IT RESOLVED BY THE BOARD OF COUNT'Y COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals.
deterlnined and declared that:
it is hereby found, ascertained,
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in <'oilier County, Florida (tile "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the "Resolution"), attached
hereto as Exhibit A, with respect to the issuance by it of not to
exceed $4,900,000 Housing Finance Authority of Collier County
Mu!ti.-Family Revenue Bonds, Series 1997 (Saddlebrook Village
Apartments Project, to be renamed as Pelican Pointe) (the "Bonds").
C. Public hearings were held on the Resolution on February
28, 1997 and March 24, 1997, which public hearings were duly
conducted by the Issuer upon reasonable public notice, copies of
said notices being attached hereto as Exhibit B, and at such
hearing interested individuals were afforded the opportunity to
express their views, both orally and in writing, on all matters
pertaining to the location and nature of the proposed project and
to the iss~ance of the Bonds. No person spoke or wrote in
opposition to the project on the issuance of the Bonds.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest on the Bonds will be exempt from federal income
taxation under applicable provisions of Section 147(a) of the
Internal Revenue Code of 1986, as amended.
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only to the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
S~ction 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations of the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED
ADOPTED THIS /~.
1997.
day of ~
(SEAL)
ATTEST: '
Dwight E. BroCk, Clerk
Deputy Clerk
COLLIER COUNTY, FLORIDA
Ti~othy/L ~ ~ancock, ' Chairman
Board~of County Commissioners
of Collier County, Florida
Approved as to form and legal sufficiency:
County Attorney
97 -01
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORII-f OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUA~NCE OF NOT TO EXCEED $4,925,000 FOR THE PURPOSE
OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY
RESIDENTIAL HOUSING FACILITIE.~ FOR PERSONS OR FAaMILIES OF
LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING
THE EXECUTION A~WD DELIVERY OF AN AGREEMENT BY AND BE.~WEEN
THE AUTHORITY ArED COLONIAL EQUITIES, INC.; AND PROVIDING
Ar; EFFECTIVE DATE.
WHEREAS, Colonial Equities, inc. (the "Company,') has applied
to the Housing Finance Authority of Collier County, Florida (the
"Authority-), to (i) issue its multifamily housing revenue bonds in
a principal amount not to exceed $4,925,000 (the "Bonds") for the
purpose of financing the acquisition, construction, equipping and
development of multifamily residential housing facilities for
persons or families of low, middle or moderate income to be located
in Collier County (the "Project"), and (ii) to loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority may determine advisable (the "Act"); and
WHEREAS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
issues or series not exceeding an aggregate principal amount of
$4,925,000 and to loan the proceeds thereof available to finance
the Project under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
~EREAS, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds, attached hereto; and
WHEREAS, the Authority held a public hearing on the proposed
issuance of the Bonds for the purposes herein stated on the date
hereof, which public hearing was conducted in a manner that
provided a reasonable opportunity for persons with differing views
to be heard, both orally and in writing, on both the issuance of
such Bcnds and the location and nature of the portion of the
Project to be financed with the proceeds therefrom.
WR~"REAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, TT~_~REFORE, DETERMINED AND RESOLVED BY T~E HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, TI~AT:
1. Approval of the Project. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement attached hereto as Exhibit "A" between the
Authority and the Company providing understandings relative to the
proposed issuance of the Bonds by the Authority to finance the
Project in an aggregate principal amount not to exceed the lesser
of (a) $4,925,000, or (b) the cost of the Project, as determined by
the Authority.
3. Authorization of the Bonda. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement attached hereto, in one or
more issues or series in an aggregate principal amount not to
exceed $4°925,000 for the purpose of financing the Project
described in such Preliminary Agreement. The Bonds shall be
designated "Housing Finance Authority of Collier County Multifamily
Housing Revenue Bonds (Saddlebrook Village Apartments Project).
The rate of interest payable on the Bonds shall not exceed the rate
permitted by law.
4. R~commendation for Approval to Board of County
Com~issioners. The Authority hereby recommends the issuance of the
-2-
Bonds and the financing of the Project for approval to the Board of
County Commissioners of Collier County (the "Board"). The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Prelimina~f Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notice
of public hearing attached he:eto as Ey~ibit "B" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit o~ taxing power of Collier County, the State o~ Florida or
any political subdivision or agency thereof but shall be payable
solely from tke revenue pledged therefor pursuant to a loan
agreement ,dr other financing agreement entered into by and between
the Authority and the Company prior to or ccnCemporaneously with
the issuance of the Bonds.
-3-
10. Limited Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County or estopping the
County from asserting any rights or responsibilities it may have in
that regard.
This Resolution shall take effect immediately.
ADOPTED this ~ ~- day of ~ _, 1997.
(SEAL)
ATTEST:
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
--'-/ Cha i rman
-4-
EXHIBIT A
PRELI){INARY AGREEMENT FOR ISSUANCE
OF MULTIFAMILY HOUSING REVENUE BONDS
This Agreement between the Housing Finance AuthoriTy of
Collier County, Florida (the "County,), a body corporate and
politic of the State of Florida and Colonial Equities Inc.,
"Company"). , (the
WI TNES SETH
1. Preliminary Statement. Among the matters of mutual
understanding which have resulted in the execution of this
Prelimina~/ Agreement are the following:
(a) The Florida Housing Finance AuthoriTy Law (Chapter 159,
Part IV, Florida Statutes), as amended (the "Act") provides that
the Authority may issue its revenue bonds and loan the proceeds
thereof to one or more persons, firms, or private corporations, or
use such proceeds, to defray the cost of acquiring, by purchase or
construction, cer=ain qualifying facilities.
(b) The Company is considering constructing and equipping a
multifamily residential housing facility for persons or families of
low, middle or moderate income (the "Project.) to be located within
the boundaries of Collier County. It is estimated tha~ the cost of
the acquisition, construction, installation and development of the
Project will be approximately $4,925,000.
(c) The Authority intends this Preliminary Agreement to
constitute its official binding commitment, subject to the terms
hereof, to issue its bonds, (the "Bonds.) in one or more series or
issues pursuant to the Act in an amount to be agreed upon by the
Authority and the Company and to loan the proceeds thereof to the
Company, or to use such proceeds, to finance the cost of acquiring
and constructing the Project, including all costs incurred in
connection with the issuance of the Bonds by the AuThority, u~ to
an amount not to exceed $4,925,000.
{d) The AuuhoriTy considers the issuance and sale of the
Bonds, for the purpose hereinabcve set forth, consistent with the
objectives of the Act. This commitment is an affir,.-uative official
action of the Authcrity toward the issuance of the Bonds as herein
contemplated in accordance with the purposes of both the Act and
the applicable United States Treasury Regulations.
2. Undertakings on the Part of the Authority:
the terms hereof, the Authority agrees as follows:
Subject to
(a) The Authority will authorize the issuance of the Bonds in
the aggregate principal amount necessary and sufficient to finance
the cost of ac~uiring, constructing, installing and developing the
Project as the Authority and the Company shall agree in writing,
but in all events, the principal amount of such Bonds shall not
exceed the lesser of (i) the cost of the Project, as determined by
the Authority or (ii) $4,925,000.
(b) The Auuhority will cooperate with the Company and with
the underwriters or purchasers of the Bonds and the Authority's
Counsel with respect to the issuance and sale of the Bonds and will
take such further action and authorize the execution of such
documents as shall be mutually satisfactory to the Authority and
the Company for the authorization, issuance and sale of such Bonds
and the use of the proceeds thereof to finance the cost of
constructing and acquiring the Project.
(c) Such actions and documents may permit the issuance from
time to time in the future of additional bonds on terms which shall
be set forth therein, whether peri passu with other series of bonds
or otherwise, for the purpose of defraying the cost of completion,
enlargements, improvements and expansion of the Project, or any
segment thereof, or refunding of the Bonds.
(d) The loan or financing agreement (the "Loan Agreement")
between the Authority and the Company shall, under te[~s agreed
upon by the parties, provide for payments to be made by the Company
in such sums as shall be necessary to pay the amounts required
under the Act, including the principal of and interest and
redemption premium, if any, on ~he Bonds, as and when the same
shall become due and payable.
(e) In authorizing the issuance of the Bonds pursuant to the
Loan Agreement, the Authority will make no warranty, either
expressed cr implied, that the proceeds of the Bonds will be
sufficient ~o pay all costs of acquiring, constructing, installing
and developing the Project or that those facilities encompassed by
the Projec~ will be suitable for the Company's purposes or needs.
(f) The Bonds shall specifically provide that they are
-2-
payable solely from the revenues derived from the Loan Agreement
between the Authority and the Company or other agreements approved
by the Authority, except to the extent payable out of amounts
attributable to Bond proceeds. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit of Collier County or of the State of Florida, and such fact
shall be plainly stated on the face of the Bonds.
(g) After receipt by the Authority of this Preliminary
Agreement, properly executed by the Company, (but before the
expiration da~e) the Authority shall file with the State of Florida
Division of Bond Finance (the 'Division") a Request for Allocation
upon receipt frc~ the Company of a written request that the
Authori%y apply for such allocation, and specifying the amount to
be requested. The Company acknowledges that the State of Florida
has adopted rules and regulations regarding the use of allocations
and requirements that an Issuer issue bonds in substantially the
eh=ire amount of the allocation. The Company further acknowledges
that ~he failure to actually issue bonds within a specified
percentage of the allocation can result in the loss of the
allocation. Accordingly, the Company shall be fully responsible
for de~erm, ining the size of the allocation to be requested, subject
to the proviso that the request shall not be for a principal amount
of Bonds which exceed the amounts set forth in paragraph 2(a), and
taking into acccun~ carry forward allocations, if any.
(h) In the event th8% as of January 1, 1998 there are two or
more pending requests %nat the Authority submit requests for
al!ocaticn from the Divmsion, the Authority retains the right, in
its sole and absolute discretion to determine the order and date
upon which requegts for allocation for each of such projects shall
be made.
3. Undertakings on the Part of tha Company.
terms hereof, the Company agrees as follows:
Subject ~o the
(a) The Company will use reasonable efforts to insure that
=he Bonds in the aggregate principal amount as stated above are
sold; provided, however, that the terms of such Bonds and of the
sale and delivery thereof shall be mutually satisfactory to the
Authority and the Company.
(b) Prior to the issuance of the Bonds, in one or more series
or issues from time to time as the Authority and the Company shall
agree in writing, ~ke Ccmpany will enter into a Loan Agreement with
the Authority, the terms of which shall be mutually agreeable to
=he Authority and Company, providing for the loan or use of the
proceeds of the Bonds to finance the Project. Such agreement will
provide that the Company will be obligated to pay the Authority (or
to trustees for holders of the Bonds on behalf of the Authority, as
the case may be) sums sufficient in the aggregate to enable the
Authority to pay the principal of and interest and redemption
premium· if any, on the Bonds, as and when the same shall become
due and payable, and all other expenses related to the issuance and
delivery of the Bonds. The Company will agree in such documents
that if the cost of acquisition and construction of the Project
exceeds the amounts allocated therefor, it shall not be entitled to
any reimbursement for any such excess either from the Authority,
the bondholders or :he t,'-ustee for the bondholders.
(c) The Company shall be responsible for the Authori~y's
issuance fee in effect at the time the Bonds are issued and the
fees of Counsel to the Issuer, and Bond Counsel. The Company shall
pay, upon request, a reasonable retainer to compensate Issuer's
Counsel and Bond Counsel, for se~ices which must be performed
regardless of whether the Bonds are issued. ~;either of said
Counsel shall have any obligation to perform services in connection
with the financing cf the Project until such retainers are paid.
(d) The Company shall in addition to paying the amount set
forth in the Loan Agreement, pay all costs of operation,
maintenance, taxes, governmental and other charges which may be
assessed or levied agains% or with respect to the Project.
(e) The Company will hold the Authority free and harmless
from any loss or damage and from any taxes or Other charges levied
or assessed by reason of any mortgaging or other disposition of the
Project.
(f) The Company will take such further action as may be
required =~ implement its aforesaid undertakings and as it may deem
appropriate in pursuance thereof.
~9] All issuance and counsel fees shall be paid in full at
the tlme of ~he sale and delivery of the Bonds, subject to the
following: (i) Company has paid an application fee to the Authority
in the amount of $2,000; (ii) Company has paid issuer's Counsel
$2 500 ~o cover initial services of issuer's Counsel through the
seeking cf local government approval. These fees, and any
retainers sa,.d as herein provided· shall be credited against ~he
Issuance fee and fee of Issuer's and Bond Counsel to be paid at
closing.
%. General Provisions. Ail commitments of the Authority
under Section 2 hereof and of the Company under Section 3 hereof
are subject to the conditions that the following events shall have
occurred not later than December 31, 1997, or such other date as
shall be mutually satisfactory to the Authority and Company:
(a) The Authority shall be lawfully entitled to issue the
Bonds as herein contemplated.
(b) The Authority and Company shall have agreed on mutually
acceptable terms for the Bonds and the sale and delivery thereof
and mutually acceptable terms and conditions of any trust
instrument in respect thereto and Loan Agreement or other
agreements incidental to the financing or referred to in Sections
2 and 3 hereof.
(c) Rulings satisfactory to the Company and to the Authority
as to such matters with respect to the Bonds, the Project, the Loan
Agreement and any trust instrument, if specified by the Authority
and Ccmpany, shall have been obtained from the Internal Revenue
Se~;ice and/or the United States Treasury Department and shall be
in full force and effect at the time of issuance of the Bonds.
(d) Such other rulings, approvals, consents, certificates of
compliance, opinions of counsel and other instruments and
proceedings satisfactory to the Company and to the Authority as to
such matters with respect to the Bonds, the Project, the Loan
Agreement and any trust instrument, as shall be specified by the
Company or the Authority, shall have been obtained from such
governmental, as well as non-governmental, agencies and entities as
may have or assert competent Jurisdiction over or interest in
matters pertinent thereto and shall be in full force and effect at
the time of issuance of the Bonds.
(e) The Company and the Authority each reserve the absolute
right to unilaterally cancel chis Preliminary Agreement at any time
prior to the time the Bond~ are issued by the Authority ~lpon
written notice of cancellation.
(f) if the events set forth in chis Section 4 do not take
place within the time set forth or any extension thereof, or if the
Company cr the Authority exercises its rights of cancellation as
-5-
set forth in this Section 4, the Company agrees that it will
reimburse the Authority fcr all the reasonable and necessa~/ direct
or indirect expenses which ~he Authority may incur at the Company's
request arising from the execution of this Prelimina~/ Agreement,
and the performance by the Authority of its obligations hereunder,
including legal fees for counsel to the Authority and Bond Counsel.
(~)= The Company acknowledges that the Authority may, during
the time this Prelimina~f Agreement is in effect, issue similar
"inducement" agreements to other companies for other multifamily
projects, and/or may issue bonds or participate jointly with other
authorities to issue bonds for single family housing. This
Prelimina~f Agreemen~ will create no priority or rights vis a vis
subsequent agreements for the issuance of multifamily or single
family bonds.
5. Binding Effect. All covenants and agreements herein
contained by or on behalf of the Authority and the Company shall
bind and inure to the benefit of the respective successors and
assigns of the Authority and the Company whether so expressed or
not.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agr_e%ment by their officers thereunder duly authorized as of the
day of ~]~dg/~{, 1997.
Chairman
Colonial Equities, Inc.
By:
(title]
-6-
IEFE~E~¢E: 01077,4
574J. 16~-6 ~T[C£ OF MEET:~'~t
Before the ~'~ersS~n~ ~,Jthc)r~t%, Per~4Lty
Collier ~ty,
n~r ~s heretofore ~ c~tl~sLy
~ ~ hm~
~tter at the ~st office tn N~Les, Jn ~d
Collier ~ty, FtorJ~,'for I aert~ Of I year
next prec~t~ the ftr~t ~LJC~tJ~ of the
fur~er ~s t~t ~ ~Js netthe? ~td ~r pr~ts~
~ ~r~, f~ or c~rltt~ ~ diet--Cs
se~rt~ tht~ ~ert~se~t foe ~btJ~tt~ ffl
i
~IBIT B
RESOLUTION 97- 467
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT
EXCEEDING 6,400,000 HOUSING FINANCE AUTHORITY OF COLLIER
COUNTY MULTI-F~41LY HOUSING REVENUE BONDS, SERIES 1997
(SAXON MANOR ISLES APARTMENTS) PURSUANT TO CHAPTER 159,
PART IV, FLORIDA STATUTES, AS AMENDED.
BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals. It is hereby found, ascertained,
determined and declared that:
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in Collier County, Florida (the "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the .Resolution"), attached
hereto as Exhibit A, with respect to the issuance by it of not to
exceed $6,400,000 Housing Finance Authority of Collier County
Multi-Family Revenue Bonds, Series 1997 (Saxon Manor Isles
Apartments, II) (the "Bonds").
C. A Public hearing was held on the Resolution on December
8,1997 which public hearing was duly conducted by the Issuer upon
reasonable public notice, a copy of said notice being attached as
Exhibit A, to the resolutions and at such hearing interested
individuals were afforded the opportunity to express their views,
both orally and in writing, on all matters pertaining to the
location and nature of the proposed project and to the issuance of
the Bonds. No person spoke or wrote in opposition to the project
on the issuance of the Bond1.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest on the Bonds will be exempt from federal income
taxation under applicable provisions of Section 147(a) of the
Internal Revenue Code of 1986, as amended.
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only to the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
Section 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations of the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPTED THIS
1997.
day of ~~
(SEAL)
ATTEST:
Dwight~ ~'2~Br, ock, Clerk
Deputy Clerk
COLLIER COUNTY, FLORIDA
Timothy/L]'~ ~anco'-ck, Chairman /~2/" ".,/ '7'
Board/of County Commissioners
of Collier County, Florida
Approved as to form and legal sufficiency:
David Weigel
County Attorney
97 - 06
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $6,400,000 MULTIFAMILY
HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL
HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE
OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY
AND SAXON ,~UiNOR ISLES APARTMENTS II, L.P. A~D PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Saxon Manor Isles Apartments II L.P. (the "Company"
which term shall include its related successors or assigns) has
applied to the Housing Finance Authority of Collier County, Florida
(the "Authority"), to (i) issue its multifamily housing revenue
bonds in a principal amount not to exceed $6,400,000 (the "Bonds")
for the purpose of financing the acquisition, construction,
equipping and development of multifamily residential housing
facilities for persons or families of low, middle or moderate
income to be located in Collier County (the "Project"), and (ii) to
loan the proceeds of the Bonds to the Company pursuant to Chapter
159, Part IV, Florida Statutes, or such other provision or
provisions of Florida law as the Authority may determine advisable
(the "Act"); and
W~iER~AS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
issues or series not exceeding an aggregate principal amount of
$6,400,000 and to loan the proceeds thereof available to finance
the Project under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay ~he principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
~{HEREAS, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds; and
WHEREA~, in order to satisfy certain of the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended,
the Authority held a public hearing on the proposed issuance of the
Bonds for the purposes herein stated on the date hereof, which date
is 14 days following the first publication of notice of such public
hearing in a newspaper of general circulation in Collier County,
Florida (a true and accurate copy of the proof of publication of
such notice is attached hereto as Exhibit A), which public hearing
was conducted in a manner that provided a reasonable opportunity
for persons with differing views to be heard, both orally and in
writing, on both the issuance of such Bonds and the location and
nature cf the portion of the Project to be financed with the
proceeds therefrom.
WHEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT~
1. Approval of the Project. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
.County and will thereby serve the public purposes of the Act.
2. Execution and Del£very of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
issuance of the Bonds by the Authority to finance the Project in an
aggregate principal amount not to exceed the lesser of (a)
$6,400,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement, in one or more issues or
series in an aggregate principal amount not to exceed $6,400,000
for the purpose of financing the Project described in such
9
Preliminary Agreement. The rate of interest payable on the Bonds
shall not exceed the rate permitted by law.
4. Recommendation for A~)proval to Board of County
Commissioners. The Authority hereby recommends the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Commissioners of Collier County (the "Board") . The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notlce
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit or taxing power of Collier County, the State of Florida or
any political subdivision or agency thereof but shall be payable
C '.b~ f'~,'d,~z,,,,,,,,w HOf ~, ~q AX,O~MAk.O'~'JJ...~ WI~ '3--
solely from the revenue pledged therefor pursuant to a loan
agreement or other financing agreement entered into by and between
the Authority and the Company prior to or contemporaneously with
the issuance of the Bonds.
10. Limited Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County nor to have
estopped the County from asserting any rights or responsibilities
it may have in that regard.
11. Bond Allocation. Upon approval by the Board of the
issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's
Counsel are hereby authorized to execute all necessary documents
for obtaining and preserving an allocation from the State Division
of Bond Finance pursuant to the Preliminary Agreement.
This Resolution shall take effect immediately.
ADOPTED this 8th
day of December
, 1997.
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
(SEAL)
By: /s/
Chairman
ATTEST:
Secretary
-4-
57~C7 ~k~ttC( Q~ Ik,.,OLt¢
11/2]
C~,~1~ ~r ·
Exhibit A to Rcsolution 97-06
RESOLUTION 97-468
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~TY, FLORIDA, APPROVING THE ISSUANCE OF NOT
EXCEEDING 12,750,000 HOUSING FINANCE AUTHORITY OF COLLIER
COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997
(WHISTLER'S COVE APARTMENTS) PURSUANT TO CHAPTER 159,
PART IV, FLORIDA STATUTES, AS AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMiMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals.
determined and declared that:
It is hereby found, ascertained,
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in Collier County, Florida (the "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the "Resolution"), attached
hereto as Exhibit A, with respect to the issuance by it of not to
exceed $12,750,000 Housing Finance Authority of Collier County
Multi-Family Revenue Bonds, Series 1997 (Whistler's Cove
Apartments) (the "Bonds").
C. A Public hearing was held on the Resolution on December
8,1997 which public hearing was duly conducted by the Issuer upon
reasonable public notice, a copy of said notice being attached as
Exhibit A, to the resolutions and at such hearing interested
individuals were afforded the opportunity to express their views,
both orally and in writing, on all matters pertaining to the
location and nature of the proposed project and to the issuance of
the Bonds. No person spoke or wrote in opposition to ~he project
on the issuance of the Bonds.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest on the Bonds will be exempt from federal income
9 B
taxation under applicable provisions of Section 147(a) of the
Internal Revenue Code of 1986, as amended.
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only re) the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
Section 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations o~ the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts the£eof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPTED THIS ,/~' day of ~ ,
1997.
(SEAL)
ATTEST.; ' ~ '.'t
D~ight E. BrOck, Clerk
-Deputy Clerk
COLLIER COUNTY, FLORIDA
Timoth/L. HanSock, Chairman
Board'of County Commissioners
of Collier County, Florida
Approved as to form and legal sufficiency:
County Attorney
97- 07
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNT"f, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $12,750,000 MULTIFAMILY
HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL
HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE
OR MODEP. ATE IHCOME; AND FURTHER ALrlq4ORIZING THE EXECUTION
AND DELIVERY OF AN AGREEM~-7~T BY AND BETWEEN THE AUTHORITY
AND WHISTLER'S COVE, LTD.; AND PROVIDING AN EFFECTIVE
DATE.
W/{EREAS, Whistler's Cove, Ltd. (the "Company", which term
shall include its related successors and assigns) has applied to
the Housing Finance Authority of Collier County, Florida (the
"Authority"), to (i) issue its multifamily housing revenue bonds in
a principal amount not to exceed $12,750,000 (the "Bonds") for the
purpose of financing the acquisition, construction, equipping and
development of multifamily residential housing facilities for
persons or families of low, middle or moderate income to be located
in Collier County (the "Project"), and (ii) to loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority may determine advisable (the "Act"); and
WHEREAS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
issues or ser~es not exceeding an aggregate principal amount of
$12,750,000 and to loan the proceeds thereof available to finance
the Froject under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
W74ERE~, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds, attached hereto; and
WHEREAS, in order to satisfy certain of the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended,
the Authority held a public hearing on the proposed issuance of the
Bonds for the purposes herein stated on the date hereof, which date
is 14 days following the first publication of notice of such public
hearing in a newspaper of general circulation in Collier County,
Florida (a true and accurate copy of the proof of publication of
such notice is attached hereto as Exhibit A), which public hearing
was conducted in a manner that provided a reasonable opportunity
for persons with differing views to be heard, both orally and in
writing, on both the issuance of such Bonds and the location and
nature of the portion of the Project to be financed with the
proceeds therefrom.
WHEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, T}~R~FOR~, DETERMINED AND RESOLVED BY THE HOUSINO
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THATx
1. Approval of the ProJact. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agre~ent. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Prelimina~f Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
issuance of the Bonds by the Authority to finance the Project in an
aggregate principal amount not to exceed the lesser of (a)
$12,750,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement, in one or more issues or
series in an aggregate principal amount not to exceed $12,750,000
for the purpose of financing the Project described in such
Preliminary Agreement. The rate of interest payable on the Bonds
shall not exceed the rate permitted by law.
4. Recommendation for Approval to Board of County
Commissioners. The Authority hereby recommends the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Commissioners of Collier County (the "Board" ) . The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Lizmited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit or taxing power of Collier County, the State of Florida or
any political subdivision or agency thereof but shall be payable
-3-
solely from the revenue pledged therefor pursuant to a loan
agreement or other financing agreement entered into by and between
the Authority and the Company prior to or contemporaneously with
the issuance of the Bonds.
10. L~mited Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County nor to have
estopped the County from asserting any rights or responsibilities
it may have in that regard.
11. Bond Allocation. Upon approval by the Board of the
issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's
Counsel are hereby authorized to execute all necessary documents
for obtaining and preserving an allocation from the State Division
of Bond Finance pursuant to the Preliminary Agreement.
This Resolution shall take effect immediately.
ADOPTED this 8th
day of December
, 1997.
(SEAL)
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By:
Chairman
ATTEST:
~si
Secretary/
lq~pLes DatLy Jm~l I~fe~
~t~ of ~LLfe~
~tLier ~, FLort~, ~ ~t ~ Mid
~t ~ec~l~ t~ first ~it~tt~ ~ t~
~e of s~vrt~ Thtl ~rtll~( f~
~LI~tt~ tn t~ ~td
PT~B~ZS~(O C~: lt/ZJ
Exhibit A to Rc~iution 97-07
RESOLUTION 97- 469
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~;TY, FLORIDA, APPROVING THE ISSUANCE OF NOT
EXCEEDING 12,000,000 HOUSING FINANCE AUTHORITY OF COLLIER
COU};TY MULTI-FAMiLY HOUSING REVENUE BONDS, SERIES 1997
(COLLEGE PARK APARTMENTS) PURSUANT TO CHAPTER 159, PART
IV, FLORIDA STATUTES, AS AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals.
determined and declared that:
It is hereby found, ascertained,
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in Collier County, Florida (the "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the "Resolution"), attached
hereto as Exhibit A, with respect to the issuance by it of not to
exceed $12,000,000 Housing Finance Authority of Collier County
Multi-Family Revenue Bonds, Series 1997 ( College Park Apartments)
(the "Bonds").
C. A Public hearing was held on the Resolution cn December
~,1997 which public hearing was duly conducted by the Issuer upon
reasonable public notice, a copy of said notice being attached as
Exhibit A, to the resolutions and at such hearing interested
individuals were afforded the opportunity to express their views,
both orally and in writing, on all matters pertaining to the
location and nature of the proposed project and to the issuance of
the Bonds. No person spoke cr wrote in opposition to the project
on the issuance of the Bonds.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest cn the Bonds will be exempt from federal income
taxation under applicable provisions of Section
Internal Revenue Code of 1986, as amended.
147(a) of the
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only to the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
Section 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations of the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED AN[) ADOPTED THIS ,, ,/ ~-'~::;:~
1997.
day of ~
(SEAL)
ATTEST ~ ' ~' 'J
Dw'ight E. Brock, Clerk
DePuty'.c~Xerk
COLLIER COUNTY, FLORIDA
of Collier County, Florida
Approved as to form and legal sufficiency:
David Weigel ~
County Attorney
97-08
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $12,000,000 MULTIFAMILY
HOUS I NG REVENUE BONDS (COLLEGE PARK APARTMENTS) FOR THE
PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING
MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR
FA~4ILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER
AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY
AND BETWEEN THE AUTHORITY AND KENNETH D. GOODMAN,
TRUSTEE; AND PROVIDING AN EFFECTIVE DATE.
W~4EREAS, Kenneth D. Goodman, Trustee, (the "Company" which
term shall include its related successors and assigns) has applied
to the Housing Finance Authority of Collier County, Florida (the
"Authority"), to (i) issue its multifamily housing revenue bonds in
a principal amount not to exceed $12,000,000 (the "Bonds") for the
purpose of financing the acquisition, construction, equipping and
development of multifamily residential housin9 facilities for
persons or families of low, middle or moderate income to be located
in Collier County (the "Project"), and (ii) to loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority ~]y determine advisable (the "Act"); and
WHEREAS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
i~sues or series not exceeding an aggregate principal amount of
$11,500,000 and to loan the proceeds thereof available to finance
the Project under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
pro.re the purposes provided in the Act; and
W~{ERF~%S, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds; ~nd
WHEREAS, in order to satisfy certain of the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended,
the Authority held a public hearing on the proposed issuance of the
Bonds for the purposes herein stated on the date hereof, which date
is 14 days following the first publication of notice of such public
hearing in a newspaper of general circulation in Collier County,
Florida (a true and accurate copy of the proof of publication of
such notice is attached hereto as Exhibit A), which public hearing
was conducted in a manner that provided a reasonable opportunity
for persons with differing views to be heard, both orally and in
writing, on both the issuance of such Bonds and the location and
nature of the portion of the Project to be financed with the
proceeds therefrom.
WHEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, TIiEREFOR~0 D~I~MIiTED AND RESOLVED BY THE HOU3ING
FINANCE AUTHORITY OP COLLIER COUNTY, FLORIDA, THATz
1. Approval of the Project. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The
Chairman or Vice-Chair tmon of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
i~suanc~ of the Bonds by the Authority to finance the Project in an
aggregate principal amount not to exceed the lesser of (a)
$12,000,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement, in one or more issues or
series in an aggregate principal amount not to exceed $12,000,000
for the purpose of financing the Project described in such
-2-
Preliminary Agreement. The rate of interest payable on the Bonds
shall not exceed the rate permitted by law.
4. Recommendation for Approval to Board of County
CommissiOners. The Authority hereby recommends the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Commissioners of Collier County (the "Board" ) . The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointnnent of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit or taxing power of Collier County, the State of Florida or
any political subdivision or agency thereof but shall be payable
-3-
solely from the revenue pledged therefor pursuant to a loan
agreement or other financing agreement entered into by and between
the Authority and the Company prior to or contemporaneously with
the issuance of the Bonds.
10. Limited Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County nor to have
estopped the County from asserting any rights or responsibilities
it may have in that regard.
11. Bond Allocation. Upon approval by the Board of the
issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's
Counsel are hereby authorized to execute all necessary documents
for obtaining and preserving an allocation from the State Division
of Bond Finance pursuant to the Preliminary Agreement.
This Resolution shall take effect immediately.
ADOPTED this 8TH
day of December
, 1997.
(SEAL)
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FX~RIDA
/S/
Chairman
ATTEST:
151
Secretary
' 9 -B~'
S7~7~07 ~tlce of ~tfc
~ttg~ c~y, Ftor~, for ~ ~rt~ or 1 yeer
~ of se~r~ t~Jl ~e~ts~t fop
~e~;~[o ua: 11/23
~9~7
Exhibit A to Resolution 97-08
RESOLUTION 97- 4?0
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT
EXCEEDING 9,800,000 HOUSING FINANCE AUTHORITY OF COLLIER
COUNT'f MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997
(ARBOR VIEW APARTMENTS) PURSUANT TOCHAPTER 159, PART IV,
FLORIDA STATUTES, AS AMENDED.
BE IT RESOLVED BY THE BOARD OF CODT~TY CO~4ISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals.
determined and declared that:
It is hereby found, ascertained,
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in Collier County, Florida (the "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the "Resolution"), attached
hereto as Exhibit A, with respec% to the issuance by it of not to
exceed $9,800,000 Housing Finance Authority of Collier County
Multi-Family Revenue Bonds, Series 1997 (Arbor View Apartments)
(the "Bonds").
C. A Public hearing was held on the Resolution on December
8,1997 which public hearing was duly conducted by the Issuer upon
reasonable public notice, a copy of said notice being attached as
Exhibit A, to the resoluticns and at such hearing interested
individuals were afforded the opportunity to express their views,
both orally and in writing, on all matters pertaining to the
location and nature of the proposed project and to the issuance of
the Bonds. No person spoke or wrote in opposition to the project
on the issuance of the Bond£.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest on the Bonds will be exempt from federal income
taxation under applicable provisions of Section 147(a) of the
Internal Revenue Code of 1986, a~ amended.
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only to the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
Section 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations of the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED A~;D ADOPTED THIS /~- day of .~ ,
1997.
(SEAL)
ATTEST:
Dwight' 0~-.~/~B~ock, Clerk
,'~.~ Deputy C~erk
COLLIER COUNTY, FLORIDA
Ti~othy~.~'h~n~o~k,-chairman
Board df County Commissioners
of Collier County, Florida
Approved as to form and legal sufficiency:
County Attorney
97 -09
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $9,800,000 MULTIFAMILY
HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL
HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE
OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY
A~;D ARBOR VIEW, Ltd. ; A/gD PROVIDING AN EFFECTIVE DATE.
W'n'EREAS, Arbor View, Ltd. (the "Company", which term shall
include its related successors or assigns) has applied to the
Housing Finance Authority of Collier County, Florida (the
"Authority"), to (i) issue its multifamily housing revenue bonds in
a principal amount not to exceed $9,800,000 (the "Bonds") for the
purpose of financing the acquisition, construction, equipping and
development of multifamily residential housing facilities for
persons or families of low, middle or moderate income to be located
in Collier County (the "Project"), and (ii) to loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority may determine advisable (the "Act"); and
WI{EREAS, a determination by the Authority to issue the Bonds
under the Act2, if so requested by the Company, in one or more
issues or series not exceeding an aggregate principal amount of
$9,800,000 and to loan the proceeds thereof available to finance
the Project under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
WHEREAS, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds, attached hereto; and
WHEREAS, in order to ~atisfy certain of the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended,
the Authority held a public hearing on the proposed issuance of the
Bonds for the purposes herein stated on the date hereof, which date
is 14 days following the first publication of notice of such public
hearing in a newspaper of general circulation in Collier County,
Florida (a true and accurate copy of the proof of publication of
such notice is attached hereto as Exhibit A), which public hearing
was conducted in a manner that provided a reasonable opportunity
for persons with differing views to be heard, both orally and in
writing, on both the issuance of such Bonds and the location and
nature of the portion of the Project to be financed with the
proceeds therefrom.
WMEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTX, FLORIDA, THAT~
1. Approval of the Project. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution ~nd Del£very of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
issuance of the Bonds by the Authority to finance the Project in an
aggregate principal amount not to exceed the lesser of (a)
$9,800,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement attached hereto, in one or
more issues or series in an aggregate principal amount not to
exceed $9,800,000 for the purpose of financing the Project
-2-
9' B~
described in such Preliminary Agreement. The rate of interest
payable on the Bonds shall not exceed the rate permitted by law.
4. Recommendation for Approval to Board of County
Commissioners. The Authority hereby recommends the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Co~nissioners of Collier County (the "Board" ) . The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147 (f)
of the internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secreta~/ and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of ~ublic Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counlel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
of the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit or taxing power of Collier County, the State of Florida or
any political subdivision or agency thereof but shall be payable
-3-
solely from the revenue pledged therefor pursuant to a loan
agreement or other financing agreement entered into by and between
the Authority and the Company prior to or contemporaneously with
the issuance of the Bonds.
10. L{m{ted Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County nor to have
estopped the County from asserting any rights or responsibilities
it may have in that regard.
11. Bond Allocation. Upon approval by the Board of the
issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's
Counsel are hereby authorized to execute all necessary documents
for obtaining and preserving an allocation from the State Division
of Bond Finance pursuant to the Preliminary Agreement.
This Resolution shall take effect immediately.
ADOPTED this 8~h
day of December
, 1997.
(SF~%L)
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By: /s/
Chairman
ATTEST:
Secretary
C~ty of ~ltte~
Afft~t fu~t~ ~s ~t t~ ~td ~t~
~s t. I ~e ~tt~ ~t ~t~, Iff Mtd
· tt~ ~ of ~tl~t; ~
dls~t, r~t., ~tsii~ ~ ref~ ~oe t~
~ticatt~ tn t~ MId
Exhibit A to Resolution 97-09 °
R g,~ O,T.,UTION' 97-471
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE ISSUA~NCE OF NOT
EXCEEDING 12,010,000 HOUSING FINANCE AUTHORIT'f OF COLLIER
COUNT-f r4ULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997
(WINDCREST/PRESERVE APARTME~FFS) PURSUANT TO CHAPTER 159,
PART iV, FLORIDA STATIrrES, ;%$ AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1, Recitals.
determined and declared that:
It is hereby found, ascertained,
A. The Housing Finance Authority of Collier County (the
"Issuer") is a public corporation of the State of Florida, was duly
created by Ordinance No. 80-66 of the Board of County Commissioners
of Collier County, Florida, and is a body corporate and politic
duly created and existing as a local governmental body and a public
instrumentality for the purpose of assisting qualifying housing
projects situated in Collier County, Florida (the "County"), under
and by virtue of Chapter 159, Part IV, Florida Statutes, (the
"Act"), to provide for the issuance of and to issue and sell its
obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County
Commissioners a copy of its Resolution (the "Resolution"), attached
hereto as Exhibit A, with respect to the issuance by it of not to
exceed $]2,010,000 Housing Finance Authority of Collier County
Multi-Family Revenue Bonds, Series 1997 (Windcrest/Preserve
Apartments) (the "Bonds").
C. A Public hearing was held on the Resolution on December
8,1997 which public hearing was duly conducted by the Issuer upon
reasonable public notice, a copy of said notice being attached as
Exhibit A, to the resolutions and at such hearing interested
individuals were afforded the opportunity to express their views,
both orally and in writing, on all matters pertaining to the
location and nature of %he proposed project and to the issuance of
the Bonds. No person spoke ,~r wrote in opposition to the project
on th, issuance of the Bonds.
D. The Issuer has recommended and requested that the Board
of County Commissioners approve the issuance of the Bonds so that
the interest cn the Bonds will be exempt from federal income
taxati,)n under applicable provisions of Section 147(a) of the
Internal Revenue Code of 1986, as amended.
E. The Resolution shows that the Issuer has acted in
accordance with all applicable requirements of law, and that the
issuance of the Bonds will serve significant public purposes as
provided in the Act.
F. The purpose of the Act will be effectively served, and it
is necessary and desirable and in the best interest of the County
that the issuance of the Bonds be approved by the Board of County
Commissioners.
G. The Bonds shall not constitute a debt, or a pledge of
faith and credit of the Issuer, the County, the State of Florida or
any political subdivision thereof, and neither the Issuer, the
County, the State of Florida nor any political subdivision thereof
shall be liable thereon; nor in any event shall the Bonds be
payable out of any funds or properties other than those of the
Issuer, and then only to the extent provided in the Indenture. No
member of the Board of County Commissioners or any officer thereof
shall be liable personally on the Bonds by reason of its issuance.
Section 2. Approval of Issuance of the Bonds. The issuance
of the Bonds as contemplated by the Resolution is hereby approved,
however this approval shall in no way be deemed to abrogate any
regulations of the County and the project contemplated by this
resolution shall be subject to all such regulations, including, but
not limited to, the County's Growth Management Plan and all
concurrency requirements contained therein and the Collier County
Land Development Code.
Section 3. Repealing Clause. Ail resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflict,
are hereby superseded and repealed.
Section 4. Effective Date. This Resolution shall take effect
immediately upon its adoption.
PASSED ~{D ADOPTED THIS '..~- day of ~ ,
1997.
(SEAL
ATTEST:
~wigh% E, Brock, Clerk
Deputy Cl['rk
co~ co~?~, F~o~ ~
Collier Count:y, Florida
(SEAL)
ATTEST:
~ight E~ Brock, Clerk
Deputy Cl~rk
COLLIER COUNTY, FLORIDA
T~m~thy~. ~anco~k, ~hairman
Board of County commissioners
of Collier County, Florida
Approved as to form and legal sufficiency:
David Weigel ~.~
County Attorney
9 B
97. I0
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUqq{ORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $12,010,000 MULTIFAMILY
HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND EQUIPPING MULTI FAMILy RESIDENTIAL
HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE
OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION
AND DELIVERy OF A~; AGREEMENT BY AND BE~EN THE AUTHORITY
AND WINDCREST/PRESERVE, LTD.; AND PROVIDING AM EFFECTIVE
DATE.
W~EREAS, Windcrest/Preserve, Ltd. (the "Company. which term
shall include its related successors and assigns) has applied to
the Hou,ing Finance Authority of Collier County, Florida (the
"Authority.), to (i) issue its multifamily housing revenue bonds in
a principal amount not to exceed $12,010,000 (the "Bonds") for the
purpose of financing the acquisition, construction, equipping and
development of multifamily residential housing facilities for
persons or families of low, middle or moderate income to be located
in Collier County (the "Project.), and (ii) to loan the proceeds of
the Bonds to the Company pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority may determine advisable (the "Act"); and
W~EREAS, a determination by the Authority to issue the Bonds
under the Act, if so requested by the Company, in one or more
issues or series not exceeding an aggregate principal amount of
$12,010,000 and to loan the proceeds thereof available to finance
the Project under a loan agreement or other financing agreement
which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if
any, on such Bonds and such other costs in connection therewith as
may be incurred by the Authority, will assist the Company and
promote the purposes provided in the Act; and
WHEREAS, the Company has submitted the Preliminary Agreement
relating to the issuance of the Bonds; and
WH~R~, in order to satisfy certain of the requirements of
Section 147(f) of the Internal Revenue Code of 1986, as amended,
the Authority held a public hearing on the proposed issuance of the
Bonds for the purposes herein stated on the date hereof, which date
is 14 days following the first publication of notice of such public
hearing in a newspaper of general circulation in Collier County,
Florida (a true and accurate copy of the proof of publication of
such notice is attached hereto as Exhibit A), which public hearing
was conducted in a manner that provided a reasonable opportunity
for persons with differing views to be heard, both orally and in
writing, on both the issuance of such Bonds and the location and
nature of the portion of the Project to be financed with the
proceeds therefrom.
WHEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Bonds within the meaning
of the applicable United States Treasury Regulations.
IT IS, T~EREFORE, DETEltM/NED AND RESOLVED BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNT"f, FLORIDA, THAT~
1. Approval of the Project. The acquisition, construction,
equipping and development of the Project and the financing thereof
by the Authority through the issuance of the Bonds, pursuant to the
Act, will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority hereby are authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
issuance of the Bonds by the Authority to finance the Project in an
aggregate principal amount not to exceed the lesser of (a)
$12,010,000, or (b) the cost of the Project, as determined by the
Authority.
3. Authorization of the Bonds. There is hereby authorized
to be_ issued and the Authority hereby determines to issue the
Bonds, if so requested by the Company and subject to the conditions
set forth in the Preliminary Agreement, in one or more issues or
series in an aggregate principal amount not to exceed $12,010,000
for the purpose of financing the Project described in such
-2-
Preliminary Agreement. The rate of interest payable on the Bonds
shall not exceed the rate permitted by law.
4. Recommendation for Approval to Board of County
Co .....~ssioners. The Authority hereby recommends the issuance of the
Bonds and the financing of the Project for approval to the Board of
County Cou,~,issioners of Collier County (the "Board") . The
Authority hereby directs the Chairman, Vice-Chairman or Issuer's
Counsel, either alone or jointly, at the expense of the Company, to
seek approval for the issuance of the Bonds and the financing of
the Project by the Board as the applicable elected representatives
of Collier County under and pursuant to the Act and Section 147(f)
of the Internal Revenue Code of 1976, as amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority hereby are further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Bonds subject to the terms and conditions set forth in
the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Bonds, as
contemplated in said Preliminary Agreement, in accordance with the
purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
B. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
cf the Bonds. The firm of Donald A. Pickworth, P.A., Naples,
Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Bonds and the interest thereon
shall not constitute an indebtedness or pledge of the general
credit or taxing power of Collier County, the State of Florida or
any political subdivision or agency thereof but shall be payable
C ,M~tr~b~'~.NO~A,WL'4D(~.~.TJ~E~H%'bl %TD '3-
solely from the revenue pledged therefor pursuant to a loan
agreement or other financ~ng agreement entered into by and between
the Authority and the Company prior to or contemporaneously w:tk
the issuance of the Bonds.
10. Limited Approval. The approval given herein shall nc~ be
construed as an approval of any necessary zoning appllcat~ons nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption cf =h~s
resolution to have waived any right of the County nor
estopped the County from asserting any rights or respons:b:i:t:es
it may have in that regard.
11. Bond Allocation. Upon approval by the Board of the
issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's
Counsel are hereby authorized to execute all necessary documents
for obtaining and preserving an allocation from the State Division
of Bond Finance pursuant to the Preliminary Agreement.
This Resolution shall take effect immediately.
ADOPTED this 8th
day of December
, 1997.
(SEAL)
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By: /s/
Chairman
ATTEST:
I~I
Secretary
State of FLort~
~ttf~ ~, PrisM, ~ ~t tM Mid
ti z.~ee.M
L Exhibit A to Resolution 97-10
IOA
RESOLWrION NO. 97-472
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD.
WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975,
and was composed of five (5) members; and
WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance
No. 93-81 which increased the membership from five (5) members to seven (7) members; and
WHEREAS, there are currently two (2) vacancies on this Board under the Urban Area
Community Park District category; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. John Gfice is hereby appointed to represent the Urban Area Community Park District for
a four year term, said term expiring December 31, 2001.
2. Timothy M. Blackford is hereby reappointed to represent the Urban Area Community
Park District for a four year term, said term expiring December 31, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: December 16, 1997
ATTEST: .!'/ ...
Approved ~ ~o fo~ and
le~l su~ciency:
BOARD OF COI3NTY COMMISSIONERS
COLLIER COUNTY, FLOR/DA
BY:T~MOTHY,~:'HAN'COCY~, CH~AIRMAN
David C. Weigel
County Attorney
RESOLUTION NO. 97473
A RESOLUTION APPOINTING AND REAPPOINTING
MEMBERS TO THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE.
WHEREAS, Ordinance No. 93-76, as amended, creating the Collier County Development
Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members
that are residents of Collier County and include representatives from such groups as architects,
general contractors, residential or builder contractors, environmentalists, land planners, land
developers, landscape architects, professional engineers, utility contractors, plumbing
contractors, electrical contractors, structural engineers, and attorneys; and
WHEREAS, there are currently five (5) vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Development Services Advisory~ Committee has provided the Board of
County Commissioners with their recommendations for appointment and reappointment;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. R. Bruce Anderson, representing the category of attorney, is hereby reappointed to the
Collier County Development Services Advisory Committee for a four (4) year term, said term to
expire on December I4, 2001.
2. Charles Morgan Abbott, representing the category of general contractor, is hereby
reappointed to the Collier County Development Services Advisory Committee for a four (4) year
term, said term to expire on December 14, 2001.
3. Herbert Rosser Savage, representing the category of architect, is hereby reappointed to the
Collier County Development Services Advisory Committee for a four (4) year term, said term to
expire on December 14, 2001.
4. David Correa, representing the category of court clerk, is hereby appointed to the Collier
County Development Services Advisory Committee for a four (4) year term, said te~m to expire
on December 14, 2000.
5. Daficnc Koon~z, representing the category of secrcta~a] support business, is hereby
appointed to thc Collier County Development Service~ Advisory Committee to fulfill the
remainder of the vacant term, said term lo expire on December 14. 2000.
This Resolution adopted after motion, second and majority vote.
DATED: December 16, 1997
ATTEST:
.,DWIGHT E..BROCK, CLERK
Approved aa to form ~-~d
legal sufficiency?
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
David C. Weigel -" ~)
County Attorney
lX:W/kn
10C
RESOLUTION NO. 97-474
A RESOLUTION APPOINTING KATE L. WARNER
TO TIlE HISPANIC AFFAIRS ADVISORY BOARD.
V~EKEAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory
Board, provided that the Advisory Board shall consist of seven (7) members; and
WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commiasioner~ previously provided public notice
soliciting applications from interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Kate L. Warner is hereby
appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, ~xid
term to expire on June 25, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: December 16, 1997
DWIGHT F~BROCJ(, CLERK
' "~:~"~5'/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T~MOTHY L,L,L~ANCbCK, ~HAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel ' ~2
County Attorney
ADV BDgkn
,I. UU
R~OLUTION NO. 97-475
RESOLUTION APPOINTING MEMBER3 TO
THE ISLE OF CAPRI FIRE CONTROL DISTRICT
WHEREAS, Collier County Ordinan~ No. 78-49 created an advisory committee for the Isle
ofCapr/Fire Services Tax District; and
WHEREAS, Ordinance No. 7849 pmvid~ that the advisory committee shall consist of three
to five member~; and
WHEREAS, the tm, of two (2) m~nb~r~ will expire on December 31, 1997, creating
vacancie~ on this board; and
WI-IEREAS, the Board of County Commi~ionem previo~ly provided public notico
~oliciting applications bom inter.ted pattie*;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Charle~ "Dexter" Colvin meets the prer~quisite~ for appointment and is hereby appointed
to the Isle. of Capri Fire Control District Advi~:ny Committee for a two year term, said term to
expire on December 31, 1999.
2, Chris Xigogianis me. eta the prer~ui~it~ for appointment and is hereby appointed to the
Isle* ofCapr/Fire Control District Advisory Committee for a two year term, ~aid term to expire
on December 31, 1999.
This Resolution adopted after motion, ~cond and majority vote.
DATED: December 16, 1997
A ,TTEST:U 3 trt)' O'
DWIGHT-E~"BR~, Clerk
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
David C. Weigel [-9 --
County Attorney
RESOLUTION NO. 97-476
A RESOLUTION APPOINTING MICHAEL D.
JERNIGAN TO THE BOARD OF DIRECTORS
OF THE HEALTH PLANNING COUNCIL OF
SOUTHWEST FLORIDA, INC.
WHEREAS, the Board of County Commissioner received notification from the Health
Planning Council of Southwest Florida, Inc., that th~r~ is currency a vacancy to be filled by the
Collier County Commission; and
WHEREAS, a pre~ rel~ts~ was iasued by council soliciting applications for appointra~t;
and
WHEREAS, the Executive Director of the Health Planning Council of Southwe-~t Florida,
Inc., has ~ubmitted its leaer of recommendation to the Board of County Commissioners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER, COUNTY, FLORIDA, that Michael D. Jernigan is hereby
appointed to the Board of Dir~or~ of the Htalth Planning Council o£Southwest Florida, Inc., to
fulfill the remainder of the vacant term, said tta'm to ~pir~ on September 30, 1998.
This Resolution adopted after motion, ~mond and majority vote.
DATED: December 16, 1997
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY ~L4OCK, CHAIR31AN
David C. Weigel ff.)
County Attorney
DCW&n
10G '
RESOLUTION NO. 97-477
A RESOLUTION APPOINTING I~/ARY NELSON TO THE
MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMErTEE.
WHEREAS, Collier County ordinance No. 86-91 created the Marco Island Beach
RenouHahrnent Advisory Committee and provides that thc committee shall be composed of nine
(9) members with r,zpre~"ntation on the committee t~ be approximately one-half from co~ps or
condominium associations and approximately one-half from single-family r~idential areas of thc
Marco Island Beach Renonrishment and Public Ac. ce~ Municipal Service Taxing Unit; and
WHEREAS, there is currently a vacancy on this committee; and
WHEREAS, thc Board of County Commiuioners previously provided public notice
soliciting applications from intzres~ parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, th~ Mary Nelson is hereby
appointed to the Marco Island Beach Rcnonrishmcnt Advisory Committee to fulfill the
remainder of the vacant term, said term to expire on August 26, 2001.
This Resolution adopted after motion, ~cond and majority vote.
DATED: December 16, 1997
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~MOTHY VHANC~ ~
David C. Wcigcl ~
County Attorney
EX2W/kn
iOH
RESOLUTION NO. 97-478
A RESOLUTION REAPPOINTING CHERYLE L. NEWMAN TO
THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of
the Golden Gate Beautification Advisory Committee and provides that the committee shall b~
composed of five (5) members; and
WHEREAS, there is currently a vacancy on this committee; and
WHEREAS, the Board of County Commissionera pr,m,'iously provided public notice
soliciting applications from interested parties;
NOW, TltEREFORE, BE IT RF~OLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Cheryle L. Newman is hereby
reappointed to the Golden Gate Beautification Advisory Committee for a four year term, said
term to expire on October 6, 2001.
This Resolution adopted after motion, second and majority vote.
DATED: Decembcr 16, 1997
ATI?.ST:,;
DWIGHT E. BROCK, CLERK
r.
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L.<HANC'0CK, CHArRMAN
David C. Weigel '"'- ~)
County Attorney
DCW/kn
COLLIER COUNTY FLOR/DA
REQUEST FOR L£GAL ADVeRT/SING OF PUBLIC II£ARINGS
To: Clerk to the Board: Plea~e place the followfng as a:
XXX Normal lcg'~l AdvertiSement
Name ~ Add~ ofa~ ~n(s) Io
V~ Vn ~n ~ ~ nofifi~ ~ Clc~'s 0~: (If more space is n~dcd, a[mch ~te ~)
~~cnle~ ~. ..... j .
. .
Hinting ~fom ~ BCC BZA ~hcr
Ba~d on advenJ~mcnt ap~dng 15 ~)'s ~fo~
N~pa~s) to ~ u~: (Compte~c only if im~n0:
~ NapJ~ Daily N~s
Proud Text' (l~lude ' ' ~ ~. h~,-~ q~JJy R~uJr~
A ' n n 'n ' mmon J~on ~ SJ~. ' ·
Vinm. 9f Vi.~ ~' ' ' ' A · ·
r f · 7 ~zz rn
Companion ~tifion(s), J/any & pro~ ~dng
D~s Pefidon F~ include adveflising c~? ~ ~ No if Yes. whal aC~unl should ~ charged for adveflising ~s:
1J3-13~323~9110
~sion H~d ~,.,~, ,,.
Li~ AUachmcn~s: e -~,.. Date
Counu Manager
Da~e
~ For hearin~ befo~ BCC or B~: InJlJat/n~ ~n to complete one coy and obtain Dh'i~ion Ilead aPp~val befo~
mbmltt/ng to County Manager. Note: If I~al d~ument i~ ln~Jved, ~ mm that any
for same, l~ ~bmhted to C~nty Atto~ey ~om mbmlulng to County Manager. ~e Manager'~ o~ce will di~Hbute
copie~:
~ C~nty Manager agenda ~le: to ~ Requesting DiW~ion
Cle~'s O~ce
~ OHginal
B. ~r h~dnf~: Initiating DJx~sion h~d to apprm,c and ~bmit od~l to Clerk's O~, ~taJning a ~ for
FOR CLERK'S OF~CE USE ONLY: *********************************************************************
Date ~:
120
i11111111111111111111111111111111111111111111111111111111111111
iiii1111111111111111111111111111111111111111ii11111111111111111
1 -~ 10:01
1~1L~02'33
I~t'01'55
(8~)
77&-8408
774-8606
I?:Lme, sent: ~:,~~.
120 1
November 25, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 33940
Re: Notice of Public Hearing to Consider Petition DOA-97-2
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 30, 1997, and kindly send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Purchase Order No. 800551
120-'1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, DECEMBER 16,
1997, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M.
The Board will consider Petition No. DOA-97-2, William R. Vines, of
Vines & Associates, Inc., representing Richard K. Bennett, Trustee,
Nations Bank, Land Trust #5222 for an Amendment to the Twelve Lakes
Development of Regional Impact (DRI) Development Order 87-1, Resolution
87-110, as amended, for the purpose of reducing the number of
authorized dwelling units from 1310 to 1000 and reducing the amount of
commercial floor space from 160,000 to 112,500 sq. ft., revising the
date by which Time Significant Physical Development was to have
commenced; Date prior to which no down zoning action could occur;
Amending Transportation Conditions and revising the Phasing Schedule
for property located on the north side of Davis Boulevard which
extended North to Radio Road in Section 4, Township 50 South, Range 26
East, Collier County, Florida.
All interested parties are invited to attend, to register to speak
and to submit their objections, if any, in writing to the Board prior
to the public hearing.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
120
November 25, 1997
14r. William R. Vines
Vines & Associates, Inc.
800 Harbour Drive
Naples, FL 34103
Re: Public Hearing to Consider Petition DOA-97-2
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 16, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, Nove~er 30, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12. C'"1 '
November 25, 1997
Mr. Steven Atkins, Planner
Development of Regional Impact Section
State of Florida
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
Re: Public Hearing to Consider Petition DOA-97-2
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 16, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 30, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
November 25, 1997
Mr. Daniel Trescott, DRI Coordinator
Southwest Florida Regional Planning Council
P. O. Box 3455
North Ft. Myers, FL 33918-3455
Re: Public Hearing to Consider Petition DOA-97-2
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 16, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 30, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12C"1
11-24-97
RESOLUTION NUMBER
DEVELOPMENT ORDER
A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS
AMENDED, FOR THE TWELVE LAKES DEVELOPMENT OF REGIONAL
IMPACT (DRI), BY PROVIDING FOR: SECTION ONE AD AMENDING THE
PHASING SCHEDULE BY EXTENDING THE TIMES FOR COMPLETION OF
EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH
PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE
DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR
COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT
FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3,
TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO,
FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL
DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW;
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMI3-rAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida,
approved development Order 87-1, which approved a Development of Regional
Impact (DRI) known as Twelve Lakes on February 10, 1987; and
WHEREAS, as a result of changes requested by the Department of Community
AIfairs, the Board of County Commissioners approved Resolution Number 87-110,
which amended the Twelve lakes Development Order, on May 17, 1987; and
WHEREAS, the Application for Development Approval (ADA) was incorporated
into and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to:
1. Extend the date by which physical development is to begin.
2. Modii'y the project phase dates.
3. Extend the dates until which down-zoning, density reduction, or
intensity reduction shall not occur
4. Reduce the permitted residential and commercial development intensity,
and to
5. Update the Transportation Conditions; and
WHERE,.c. William R. Vines, of Vines and Associates, Inc., representing
Words ~.~'~ are additions;
Words struck [~,~Ou~h are deletions.
R~c'tmrd K. Bennett, Trustee, NetlonsBank Land Trust 115222, petitioned the Board of
County Commissioners of Collier County° Florida to amend the Development Order;
end
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report end recommendations of the Southwest Florida Regional
Planning Council (SWFRPC} and held public hearings on the petition on September 4,
1997 end November 20, 1997, and
WHEREAS, the Board of County Commissioners of Collier County has reviewed
and considered the reports of the SWFRPC and the Collier County Planning,
Commission end held a public hearing on the petition on December 16, 1997.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDE~
A. The Phasing Schedule of the Application for Development Approval,
Exhibit "B' to the Development Order 87-1, as amended, for Twelve Lakes is hereby
emended to reed es follows:
Total
Phew0 Dur~tio~ DJa:~ ~
Buildou~ To~l I,~i0~ 11,25'
Note: Each of the above listed phase end dates terminate on E)e~"emb~r 30A~i~(i~.~
of the listed year.
B. Paragraph 3 and Paragraph 7 of an untitled Section of Development
Order 87-1, as amended, for Twelve Lakes Is hereby emended to read as follows:
Words ~ ere additions;
Words It~ are deletions.
3. The Development Order shall remain In effect for the duration of the
project. However, in the event that significant physical development has not
commenced within Collier County wlthln ;~r. {~04~t,~~ years,
development approval will terminate and this Development Order shall no
longer be effective· For purposes of this requirement "significant physical
development' does not include roads, drainage or landscaping but does Include
construction of buildings or Installation of utilities end facilities such es sewer
and water lines. This time period may be extended by the Board of County
Commissioners upon request by the Developer in the event that uncontrollable
circumstances delay the commencement of development.
7. The Board of County Commissioners agrees that this project shall not
be subiect to down-zoning, until denslty reduction or Intensity reduction for a
period of tef'm(--l~~.~ years from the date of approval of this
project, unless the local government can demonstrate that substantial changes
In the conditions underlying the approval of the Development Order was based
on substantially Inaccurate information provided by the Developer, or that the
change is clearly established by local government to be essential to the public
health, safety or welfare.
C. Section 3, 'Transportation', of Development Order 87-1, as amended,
is hereby amended to read es follows:
3. ]'~: Traffic generated by Twelve Lakes DRI, when
combined with other growth In the area, will necessitate Improvements to SR
~ If gl~j~j~t§~ level of service ~ conditions are to be maintained.
~gionel ~onditions~
T~I~'{¢~[~,~¢DR~ The applicant shall be required to pay its
~b¢6Nld~'~td?iHb~6f6Fg~B~t for any intersection Improvements
(including but no~ limited to slgnaflzation, turn lanes and addltlonal
through lanes) found to be necessa~ by the Collier County
Transportation Department or the Florida Depa~ment of Transpodatlon
Words a~d~ are additions:
Words ~4 ;hrou¢~ are deletions. 3
for the prolect's access Intersections onto Davis Boulevard
~ throughout sll phases of the development,
I
Adequate commitments shall be mede
~i]~[~'i~ to provide the total Improvements, including
~ rlght~f.~y, signalization, turn lanes, and other Improvements
~nn~ ~,.~ d~.F ~;~, on the roadways and Intersections
significantly impacted by this DRI develop~nt through Its bulldout.
, ~e following roadways and
In~ersectlons are expected to be ~~O!~ea~tl~ Impacted by
this development ~
buildout'
~Roadways:
SR84 ~Davis
Airport-Pulling Road to Kings Way
Kings Way to County Barn Road
- County Barn Road to Santa Barbara Boulevard
Santa Barbara Boulevard to Twelve Lakes south entrance
Twelve Lakes south entrance to
Radio Road to (CR 951J Isles of Capri Road
Santa Barbara Boulevard to Twelve Lakes Entrance
'" T¥.~.G La~ F_.r,~,~ ·
County Ba~
Davis Boulevard to Rattlesnake Hammock Road
Words 8~i:1;~. are additions;
Words ~ are deletions.
4
12C 1
Intersections:
Davis Boulevard at CR 951
Davis Boulevard at Radio Road
Davis Boulevard at Santa Barbera
Davis Boulevard at County Barn Road
Davis Boulevard at Kings Way
Davis Boulevard at Airport-Pulling Reed
Airport-Pulling Road at Radio Road
Radio Road at Kings Way
Radio Road at Santa Barbara
:Fife timing for the initiation of the improvements outlined in
recommendations 'b' above shall be made at the time that a road
segment/intersection is found to exceed [~ level of service
Service level determination shaft be made by the aPpropriate County
Department or FDOT. To determine the existing levels of service on
regions/facilities and the need for the Improvements in a timely manner,
the applicant shall submit an annual monitoring report to the Collier
County Transportation Department, f~[~l~l~~,.~~l~.l~,
A. ff~i~{D.~lJ FDOT and the Southwest Florida Regional Planning
Council for review. The first monitoring report shall be submitted one
year after the Issuance of the
pen'nf~ for Twelve Lakes· Reports shell be submitted annually until
buildout of the project· At a minimum, this report shall contaJn,~
Words j...~ are additions;
Words ;tr..ok ;.,~,,'~,~h are deletions.
The purpose of the monitoring repoa shall be to indicate when
add,ted LOS ~ Is expected to be exceeded on impacted roadways
and/or intersections and to provide ~pdated information to more
accurately forecast pro}ecl buJJdout traffic and total traffic for
determination of proportional share and to show the significance of
impact of the Da[ on the impacted roadways.
Based on the staff transportation assessment, construction o~ the
following road improvements ~E~taBl~m~lt~f~tlg~ shall be needed
prior to, or coincident with, the development of Twelve Lakes DRI
]E~t~B level of se~ice ~ conditions are to be maintained
Regiona~ Roadways (inc[udlng intersection Improvementsj
Phase I ~ 1992~20028~)
Phase II (1993~200489--t-99-2)
Phase III (1994-20069-1-,--1-994)
SR 84 IOavis Blvd. I
Words ~h§i:Jii~l are additions;
Words stct~k-~d.m:rog~ are deletions.
No significant improvements due
to Twelve Lakes DRI are
anticipated.
No significant segmerrt improve-
ments due to Twelve Lakes DRI
are anticipated.
Widen to fcJiJrsl-x lanes with a
median from Airport-Pulling Road
County Barn Road.
Widen to four lanes with a
median from Radio Road to
SR 84 (Davl3 Blvd.}
961.
Widen to four lanes with a
median from jJJjj~j
erltr~l-tc~
'"~"'~'o
Phase VI
County Barn Road
Wordl ~1 are additions;
Wo~ds iln=cf~==gh ara deletions.
Words t~i~ ere additions;
Words ~ are deletions,
h~
If~ny Of tJfid.'i'0ad segmehti.,,li~htlfl~id~lfi[thl~ifiSai, egraph(3;b; becom~
In addison to the proVtsions, df~e:Cdlll~[~C~dn~APF O~dinance:
t, ~e TWelve L~ke~ Develd~ht~'~f R~gl0~al'lmpa~t/s subject tO
id: th~. APF
Words ~E~iJ~d are additions;
Words ~ are deletions.
iv[ For purposes bf. thrU:
and th~'~h~E~-~d~t~
b~e~ fil~~
Words ~h§~§d are additions;
Words ~ are deletions.
10
ao
The developer shall be bound by the phaslng schedule In the ADA Insofar
es It calls for the development to proceed et-thef~-~fft north s'~fe
(tf§~(itj-ffNg near Radio Rb~dP, ad;o) and not provide
Boulevard i~iibttod~l~bffi~i~raf~ .... access to Davis
- ......... ,,, , ~--~-wnase
All parcels abutting the main collector road and having direct access to
it shall have self contained turn around areas or circular driveways so as
not to require vehicles to be backed into the right-of-way. The
residential sites located along the principal street between Davis
Boulevard and Radio Road should be limited to the number of driveway
access points (maximum of one drive every two hundred feet). (The
proposed layout could possib[y permit one drive every 40 to 60 feet on
a collector streetJ
c. The main collector road shall be constructed to collector road standards
as provided in the Subdivision Regulations.
~f:c ........
~J~.. The developer shall provide between 20 and 35 feet of additional right.
of-way (the exact amount to be determined when right-of-way permits
ere applied foal along the south side of Radio Road and the north side of
Davis Boulevard for drainage improvements, bike paths and appropriate
turn lanes to serve the project.
~.. These improvements (b-de above) are considered "site related" as
defined in Ordinance 92-22, as amended, and shall not be applied es
credits toward any impact fees required by that ordinance.
figs. A sidewalk/bike path should be provided aJong the entire frontage of
Davis Boulevard and Radio Road. Subject to FDOT approval, the
developer shall provide a sidewalklblke path within the right-of-way end
abutting the south/north boundary of the property. If existing right-of-
way Is not adequate for construction of said sidewalk/bike path, as
determined by the County Engineer and/or FDOT, the developer, his
successors or his assigns shall provide such right-of-way or easement as
is necessary. Sidewalk/bike path will not be required until a
sidewalk/bike palh network is existing and provides pedestrian/bicycle
transportation to useful places within the area es determined by the
County Engineer· Construction of the sidewalk/bike path will not be
required by the developer If it Is constructed es part of FDOT's
Words ih[i~l~i~ are additions;
Words ~ are deletions.
11
128
Improvements to Davis Boulevard (SR-84). Prior to approval of the final
phase of construction, If the $1dewalkPolke path has not bean
constructed, the developer shall provide the necessary rlght-of-~,vay or
easement and, at his option, construct the sldewallu"olke path, or post a
bond in the amount deemed necessary by the County Engineer to insure
the sidewalk/bike path will be constructed, or make payment to the
County for the cost of sidewalk/bike path Improvements at the current
cost of construction as determined by the County Englneer. If the latter
is chosen~' the County would then be responsible for construction as part
of a County-wide program.
A street connection shall ba provided to the west property line to
connect to Sabal Lakes PUD along the north half of the west property
llne {approxlmately 1,900 feet south of Radio Road! as shown on the
PUD Master Plan.
The streets shall be public.
A buffer and additional rear-yard setback shall be provided along those
lots abutting Davis Boulevard and Radio Road.
SECTION TWO: FINDINGS OF FA~21_
A. That the real property which is the subject of the proposed amendment
Is legally described as set forth in Exhibit A, attached hereto and by reference made
· part hereof.
B. The application Is In accordance with Section 380.06~19~, Florida
Statutes.
(2. The applicant submitted to the County a Notice of Change to Previously
Approved DRI known as Exhibit B, and by reference made a part hereof.
D. The applicant proposes the development of Twelve Lakes on 262.33
acres of land for a residential and commercial development which includes 1,000
dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area
on 11.25 acres, and approximately 141 acres of other uses, including parks/open
space, golf course and associated facilities, wetland preserve and lakes.
E. A comprehensive review of the impact generated by the proposed
changes to the previously approved development has been conducted by the
County's departments and the SWFRP(2.
F. The development is not in an area designated an Area of Critical State
concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
Words [I~'~ are additions;
Words ~ ere deletions. 12
G. The proposed changes to the previously approved Development Order fall
within the parameters for extensions of bulldout pursuant to Subsection
380.06( lO](e12., Florida Statutes.
~'TION THRFF~ CONCLUSIONS OF
A. The proposed changes to the previously approved Development Order do
not constitute a substantial devlatlon pursuant to Section 380.06(19}, Florida
Statutes. The scope of the development to be permitted pursuant'to this
Development Order Amendment Includes operations described in the Notice of
Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference
mede a part hereof.
B. The proposed changes to the previously approved development are
consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development wiil not
unreasonably interfere with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development are
consistent with the Collier County Growth Management Plan and the Development
Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development Order ere
consistent with the State Comprehensive Plan.
A. Except as amended hereby, Development Order 87-1 shall remain In full
force and effect, binding In accordance with its terms on ell parties thereto.
B. Copies of this Development Order shall be transmitted
Immediately upon execution to the Department of Community Affairs, Bureau of Land
and Water Management; and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect es provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded In the minutes of
Words ~ are additions;
Words ~ are deletions.
13
thll 8oerd.
This Resolution adopted after motion, second end majority vote.
Done this
_ day of
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Words ~ ers additions:
Words ~ are deletions.
14
Nepte~ I~ly Neve
Affidavit of Publication
BOARD Of CCXJNTY COfqlIqlS$1GNERS
ATTN: NAN~Y SALO~g, J8
PO Bo~ ~1~016
NAPLES FL 34101-3016
REFERENCE: 0C)12~0 8005S1
576018~5 NOTICE OF Jl~l~LIC ~
State of FLortda
Count), of Collier
Before the un, reigned muthortty, perKeitLy
appeared B. Le~b, w~o on oeth says that ~he ~
as the Assistant Corporate Secretary of the
Dally Nev~, a deity ~speper published at
in Collier Cmanty, FLorida: that the
copy of tha advertising ~ms published t/'1 laid
nevspeper on dates Listed.
Affiant further mays that the maid N~)[eJ I)atLy
Collier County, FLorida, and that the maid
newpeper has heretofore been centtnuo~ty
published in laid Collier Gouty, FLorida,
dr/ and has been entered ·e second ctsma
letter ·t the poJt office t/.1 Neptla, tn matd
Collier County, FLorida, for ·pertoc$ of 1 yeee
next preceding the first Pubtlt~tton of the
attached cc~y of edverttmaaent; and affiant
further says that she has neither paid not
promised any per.n, fire or a~,~retlon any
dtlcount~ rebate~ coeetaiton er r~fund foe the
purpose of securtng this edverttmemant for
Publication tn the matd
PUBLISHED 0~: 11/~0
AD SPACE: 82.000 INCH
FXLfD Oel: 11/~/9T
Signature of Affiant/-~
Suorn to and Subscribed before se this ~- day of _~c:~
PersonaLLy kno~ by Be
Dwlf. ht E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
¢Ottl~ COONW ~
I~ R. OffiDA 34101.a0~1.
1201
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSIONERS
December 19, 1997
I~L~. Daniel Trescott, DRI Coordinator
Southwest Florida Regional Planning Council
P. O. Box 3455
North Ft. Myers, Fl. 33913
Re:
Resolution 97-479/Development Order 97-5, re Twelve
Lakes Development
Dear Mr. Trescott:
Transmitted herewith is a certified copy of the
above-referenced document, adopted by the Board of County
Commissioners of Collier County, Florida, on Tuesday, December
16, 1997.
Very truly yours,
D~IGHT E. BROCk, CLERK
~closure
Dwight E. Brock
Clerk
~ounty ot ~;oilter
CLERK OF THE CIRCUIT COURT
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSIONER~
December 19, 1997
Mr. J. Thomas Beck
Department of Co~m~unity Affairs
Bureau of Land and Water Management
2740 Centerview Drive
Tallahassee, FL 32399
Re: Resolution 97-479/Development Order 97-5, re the Twelve
Lakes Development
Dear Mr. Beck:
Transmitted herewith is a certified copy of the
above-referenced document, adopted by the Board of County
Commissioners of Collier County, Florida, on Tuesday, December
16, 1997.
Very truly yours,
~DWIGH~ E. BROCK, CLERK
~ a~'i.ne, Deputy Clerk
Enclosure
12(;1
12-16-97
RESOLUTION NUMBER
DEVELOPMENT ORDER
97-479
97-5
A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS
AMENDED, FOR THE TWELVE LAKES DEVELOPMENT OF REGIONAL
IMPACT {DRI), BY PROVIDING FOR; SECTION ONE A, AMENDING THE
PHASING SCHEDULE BY EXTENDING THE TIMES FOR COMPLETION OF
EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH
PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE
DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR
COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT
FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3,
TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO,
FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL
DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW;
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida,
approved development Order 87-1, which approved a Development of Regional
Impact (DRI) known as Twelve Lakes on February 10, 1987; and
WHEREAS, as a result of changes requested by the Department of Community
Affairs, the Board of County Commissioners approved Resolution Number 87-110,
which amended the Twelve lakes Development Order, on May 19, 1987; and
WHEREAS, the Application for Development Approval (ADA) was incorporated
into and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to:
1. Extend the date by which physical development is to begin.
2. Modify the proiect phase dates.
3. Extend the dates until which down-zoning, density reduction, or
intensity reduction shall not occur
4. Reduce the permitted residential and commercial development intensity,
and to
5. Update the Transportation Conditions; and
WHEREAS, William R. Vines, of Vines and Associates, Inc., representing
Words ~h'~ are additions;
Words ~t~ .... ~-- -
u,.,. ~,,,uu~h are deletions.
Richard K. Bennett, Trustee, NationsBank Land Trust #5222, petitioned the Board of
County Commissioners of Collier County, Florida to amend the Development Order;
and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida Regional
Planning Council (SWFRPC) and held public hearings on the petition on September 4,
1997 and November 20, 1997, and
WHEREAS, the Board of County Commissioners of Collier County has reviewed
and considered the reports of the SWFRPC and the Collier County Planning
Commission and held a public hearing on the petition on December 16, 1997.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Collier County, Florida, that:
~ECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. The Phasing Schedule of the Application for Development Approval,
Exhibit "B" to the Development Order 87-1, as amended, for Twelve Lakes is hereby
amended to read as follows:
Total
Please D_uca/JoJ3 Dwelling Units C&~:t~F, JA[_ALP~
I ~'~Q2~ 2G~25.0 0
H ~2,0103~2.0~ --2e-725o o
III ~~Q05~2006 ~012'Q0 11.25
v ~2009~20.~0 ~O~ !50 0
Buildout Total ;,31CT;0~ 11.25
Note: Each of the above listed phase end dates terminate on D~-ntmf-SeMaY.i~3 8, of
the listed year.
B. Paragraph 3 and Paragraph 7 of an untitled Section of Development
Words ~i~_ are additions;
Words st~ are deletions.
Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows:
3. The Development Order shall remain in effect for the duration of the
proioct. However, in the event that significant physical development has not
commenced within Collier County within ten {10}thirteen [13) years,
development approval will terminate and this Development Order shall no
longer be effective. For purposes of this requirement "significant physical
development" does not include roads, drainage or landscaping but does include
construction of buildings or installation of utilities and facilities such as sewer
and water lines. This time period may be extended by the Board of County
Commissioners upon request by the Developer in the event that uncontrollable
circumstances delay the commencement of development.
7. The Board of County Commissioners agrees that this project shall not
be subiect to down-zoning, until density reduction or intensity reduction for a
period of ten {10)thittee'n'ii!(!3) years from the date of approval of this proiect,
unless the local government can demonstrate that substantial changes in the
conditions underlying the approval of the Development Order was based on
substantially inaccurate information provided by the Developer, or that the
change is clearly established by local government to be essential to the public
health, safety or welfare.
C. Section 3, "Transportation", of Development Order 87-1, as amended,
is hereby amended to read as follows:
3. TRANSPORTATION: Traffic generated by Twelve Lakes DRI, when
combined with other growth in the area, will necessitate improvements to SR
84 (Davis Boulevard)j Rai~liO:RO'~id, Saiita;Ba'rbara Boulevard and County Barn
Rbad if adopted level of service "C" conditions are to be maintained.
The County has adopted a Ruad,,,,~a~.t .... ;'~ Ordinance ~u,u.,a,..~ ,,uu-,.,u~ and
any amendment thereto, foeo,, ........... u~v.,u~,,~ent at Twelve ...... ~o~. Thase impact
f~o, tooetheF v.,th that ~u, uu,, ~, ~a$o',i~e taxes and
genecatod from the proiect, and programmed for road ;mprovements, together
with .............. ' ...........
coc, U,~ut~ons ~pecified ~ - a
transpo~at~on '
,,,,po~,~ reasonablyo,,, .......... ,~,au,~'- to the development.
...................... pp:~t
successors, ~,,o,FFo~ ,[, proportionateo,,a,~ u,-' the improvement5 c, eed~d to
male, rain .................
segmec, t~ of State Road 04
~qulred by t,he developer;
Regional Conditions:
The:aPplicant or his successors or assigns shall be fully responsible for
site~telated roadway and3ritersection! improvements required within.the
~Welve;!Lakes::.DRI; The applicant shall be required to pay ItS
p:op'ortiOnate:/sharelof~:;:.the 'COst for any intersection improvements
(including but not limited to signalization, turn lanes and additional
Words ~haded are additions;
Words ~t,u-~k through are deletions.
through lanes) found to be necessary by the Collier County
Transportation Department or the Florida Department of Transportation
for the project's access intersections onto Davis Boulevard ani:[;Radib
Road throughout all phases of the development. The site acces~!j:)'bih't~
Shall.be IdcateSand developed c6nslstent,wlth Coll[erlCountY'S';br:tli~
Fldrlsa Departi~ient of:TransPbrtatlon's',access management starida'rd~
a nd 'pe rrnit '~e ~ul ri~e'nts;
Adequate commitments shall be made b'~.;COlller CountYior~theaj3'pl~i".rit
a$;~peCifi~d:h~i;~in to provide the total improvements, including
limtted ~o right-of-way, signalization, turn lanes, and other improvements
deemed necessary bY~COllle~/~C~U~?0~;:the :Florida,' Depa~'~t'~
.... h' ~ ............. ~,~
~ah'~portatioh to maintain t e;~-;ad0pted Level of Service "C",
uo,,~ on the roadways and intersections
significantly impacted by this DRI development through its buildout.
d ' pact .............. g 'f'
~'-= ~- DOT -- ...... the a~rr,[Gg
.~,,,=u ~6 3~ ~,,u~u.,~= [The following roadways and
intersections are expected to be ~~ignifiCaQtly impacted by
this development { %~:Of~t e;~8op[8~::ieWl'of se~ ce capa'cl~ ;'of tSe
adopted level
~t~'da~d~prlor to ProJebt~ ;t'~ buildout.
~Roadways:
SR84 fDavis Boulevard]
Airport-Pulling Road to Kings Way
Kings Way to County Barn Road
County Barn Road to Santa Barbara Boulevard
Santa Barbara Boulevard to Twelve Lakes south entrance
Twelve Lakes south entrance to TWelve Lakes north entrancec-R
Radio Road to (CR 951) Isles of Capri Road
CR 856 (Radio Road)
Akpor~ '"
, ~, ..... u ,,'~o,~ ~o K~rigs Way
I~"IU.~ ''oy to .Santa Oarbara~,~.~,~ ~ ..........
Santa Barbara Boulevard to Twelve Lakes Entrance
County Barn Road
Davis Boulevard to Rattlesnake Hammock Road
Words ~§~de'd. are additions;
Words ...............
~L,u~. LJ.UU.~,, are deletions.
4
Santa Barbara Boulevard
GOlden. Gate Parkwa~.'ito .Ri~ll0'ROad
Intersections:
Davis Boulevard at CR 951
Davis Boulevard at Radio Road
Davis Boulevard at Santa Barbara
Davis Boulevard at County Barn Road
Davis Boulevard at Kings Way
Davis Boulevard at Airport-Pulling Road
Airport-Pulling Road at Radio Road
Radio Road at Kings Way
Radio Road at Santa Barbara
Sahta~
{Conifer Co~,~ty} Met~opo;;tar, P~ar,~n~ Orgar,~za~or,. ~DOT. DCA. and
co~,m;tt~d fur, d~r,~, or p:~r,r, ed ........................ assur~ ........
.... ~h
~,., Phase5 Il t,,rou V. ~-,,,~ report .,,,--'" b~ equ,valent to ar, uFu~o
t,he applic~,t's ADA ~soess,,~ent of Quest;on 31 ~n the
q~est;onn~ffes, documec, t;~ cobb, it.,er, ts ;n approved
p,u~,o,,,~ tu ,u,,u ,utu[~ ,uau,,av i~,prove~ef, ts requ;red ~ -'-- Phasea
" gh V.
:PrreTiming for the initiation of the improvements outlined in
recommendations "b" above shall be made at the time that a road
segment/intersection is found to exceed the level of service standard
adOpted, in the local comprehe'ns[ve Plan"C" o,-, a,-, averaoe da;:¢ basis.
Service level determination shall be made by the appropriate County
Department or FDOT. To determine the existing levels of service on
regional facilities and the need for the improvements in a timely manner.
the applicant shall submit an annual monitoring report to the Collier
County Transportation Department, th~Flbtida Department of Comi'nunity
Aff~irs.i.'{DCA)0: FDOT and the Southwest Florida Regional Planning
Council for review. The first monitoring report shall be submitted one
year after the issuance of the amende'diD.eVelopment Orderfirst
peCn-,i[s for Twelve Lakes. Reports shall be submitted annually until
buildout of the project. At a minimum, this report shall contain: trafffc
counts and turn;n~ n~oven-,er, ts 'to~=,"--, a~ the access poic,~5 to t,%e $;[~ aL
each of the ',,,t=, a=,.t,u,,~' .... ,,~tou? .... above in recom~-,er, da[ion
PM:peakJhour tu!:nln~ mo~bmbrit.i:c0unts at all site access points
OntiS?.,.!.Dii'~l~:..E!6o!e~a'[di.~'hd!;i~iRedio''. Road:; and'i, the off,site
inta'rsectlohs' !dent!fled itn:dOndit[ori. 3. b; abOVe.
ii:
Estimated existlng levels of service'at the Intersections and on the
road segments' identified in C0ndition 3:b. above.
Words ~!~'~ide'd are additions;
Words ~ are deletions.
5
iii.
Estimated future.levels, bf ser~lceat the intersections and on the
road segments- identified In ~C0nd[tion 3.b. above, based on'a one
year pt0]ectlon of fbtU~elv'010rne~~.
iv. An estimate of the prolect~s existing trip generation.
The ArinUal Update end InVent0~. R~port (AUIR) referenced in condition
3;g~haU bo subsflfuled, fof f, he-e~mafe' of ex~stlng ~els of sea;on
the ~n~red roadW~
In the event thatno residential dwelling units are occupied within.the
DRl,~.~'a".'~l~tt~i~:~doddi~ieh'ti~g~'~h'e~i'd(~g~l~pment i' status', on'~site
~nSl'de'red an"§~C~l~table~'~'epl~'e~nt~it'5~'the 'above traffic:'monit0rlng.f0r
that ~ear:
The 'a hove traffic, monit0i~i~f~"i teport;~.ih.'.cOmbination with
UPdatelend IhVento'r~ Re~O'rt"'(AtJ!R) ?(~fe'fe"nced in C0hditlon
rePreSent~ thO"annual tr§ffi~~i~'bhit~rii~'g3~e,qulrements for TWelve LaE~'~
The purpose of the monitoring report shall be to indicate when the
adopted LOS "C" is expected to be exceeded on impacted roadways
and/or intersections and to provide updated information to more
accurately forecast proiect buildout traffic and total traffic for
determination of proportional share and to show the significance of
impact of the DRI on the impacted roadways.
Based on the staff transportation assessment, construction of the
following road improvements b~Ec'~'e~t~ble alternatives shall be needed
prior to, or coincident with, the development of Twelve Lakes DRI if
ad0~'~ed level of service "C" conditions are to be maintained throu'l~h
b~ildb0t:?(201.0)~!'!0~i~'~Ignlf[~:~ritf~'~?~Irn~acted roadWay segments-!'ahd
intersections.
Regional Roadways (including intersection improvements)
Phase I (1992-200288--~t9~)
~n~a D~rbara
No significant improvements due
to Twelve Lakes DRI ero
anticipated.
Phase II (1993-20046-9--1-99-2)
No significant ~ improve-
ments due to Twelve Lakes DRI
are anticipated.
Phase III (1994-200691-1gg4)
SR 84 (Davis Blvd.)
Widen to foursix lanes with a
median from Airport-Pulling Road
,,,,,u~ Way;
mad;an from ' ..... ;;'ay to
County Barn Road.
Widen to four lanes with a
Words shaded are additions;
Words
,~,u,.,~ ~;~uu~j~ are deletions.
Phase IV (19~t,~2D08C3-I CCC)
SR 84 (Davis Blvd.)
Phase V (1
County Barn Road
Words l~:r,~ are additions;
Words ~ are deletions,
median from Radio Road to CGR
951.
Widen to four lanes with a
median from
~[.~{J~[~ Twelve Lakes
entrance to,,ou,u""
from Santa
Road may requ;r~
~E;~i;¢;: R~a ~,. ~,~,, ,,y Darn
presently operates at LOG A, ,however
w[th a d~gradat;on ;r, LOS on Dav;~
County Dam ,qoad co~:d
Radl0 ROad.
............. by FDOT'; --~
~b)
~f ~uch prog(a,-r,n-,ed lmprovemer, t is de:~ed fforr, sam five yea~
,,,~ y-ear~ pa~ ......... ,,,,,,u~, the ~tart of construcbon of
pr~or t~he cor, strucdo,~ of ~he progra~,~,ed l,,~prove,,~e,~t; ther, - '~ ..... '-' ~ ..... '-- -~-" be ........ have ........
that th6 a~,er, ded develop~,enZ order ~
o~ths ........... that - ~ubsta tJat
~,,a pFOpOFtiOr, aJ 5har6 uf COSt ~fao,u .... ,uauvv~y a=~,~,u,,~ Of
address;r,g the sta[u~ of t,he r, eeded road,~ay lmprovemer, t~, arm
the step~ r, eeded ,~ ......,,,,~,=,,,=,,, ti,ese ~rr, prove~nt~. The
~vMed that ~he amended deve:opmer, t
or, e year of theuat= .... the *uu~ta, ..................................
.... b~ ....... C
The applicant shall midgate its impacts on the regional and local roadway
and lnte'rsections identified herein as follows:
The appliCant shall make'the site related improvements specified
in 3,a; hereof,
ii.
Th~ 'aPl~licant'sha'll;~p~aV~!t'S;: P(d~'[on§te share'; of intersection
l~l~rovet:nehts af its ~bcess':P0i~t§!te:PObliC"i~da'dwaYs"sPeCtfii~d in
iii, The: applicant shall.i.:be:.: subject: to ali lawfUlly adopted
transportation ImpaCt fees;
iv.
The:applicant shall be sub]ect, to:the Concurrency Management
System of the COunty as set forth; herein,
f. The regional roadWay segments and int~rSeCtlons on which this proiect
Words shaded are additions;
Words
,,., u. ~ ,., ,, uuu,, are deletions.
8
12{;1
has significant impacts~ a~el Wh011Y,~lthTi~',the jddSdictlon of Collier CountY
forP Urpb'Ses Of 'cOni::urreh'dy"~'~a'~i'~g'e'l~l','~i't:~ i.. The CounW has made'the
decision to'.'plati for and manag'~"tl~ii!~'~abt~:ii'~f this DRI through its duly
adoptedC0m~)rehensive plah';~:.!;~h"ei~.i~'~:~tY~ has' consldered the regiohal
roadway Segments and re[ji0r~§! '~6-bdwa~ intersections set forth in 3:b,
he~eof, and haS:'determined to?a~qi~ite the Project to be subject to and to
c0mp[y With the ConcurrenCy!~Management System (CMS) of Collier
County as adOPted in, its GrOWth. Management Plan and implemented bY
the'Adequate Public Facllitles:'Ordir~ariCe'.~(APF) Ordinance No. 93-82, 'as
amended~'~:~:After.due C0nsldei~atiiSlho'f~tt~'~.'bltematives, the CountY has
determined 'thAfto 7eqUire~c~'jJli~i:~b~e i~]tl~'~o'ncurrenCy as ma ndated by
the lCMS2in,addi~lon t0' the 0~he~,imitljjatt~ns required in 3.f, hereOf;iS
the apP'~optlate.~va¥' t0 accomm'od~ate'.'[he~impacts of this project and to
assure that tran~P0rtatlon'fa'Cilltli~ 'ar~ Prisvlded conCurrently wlth"tl-ie
transportation impacts of this Proiect.
The Adequate Public. Facilities'iOrdinance {APF} requires the GroWth
Management Director,.to complete ~'aniAnnual Update and Invehtoi'y
RepOrt (AUIR),bYiAugbst,.~lSt',iOfie'ach.~at.!,'on roads and public facilities
based 'od ~the~'~do'Pted'le'~el"0f ~'~ici)~Thi~iCoUntyShall provlde'wlthii~
fifteen (15) days Of pUblicatl~h.'eabh:¥e'at~"a copy of said AUIR
regionall facilities'.Set ~fOrth in"3ob: !t0~the':SOuthWest FIorlda Regi0'h'~l
Planning Council and the Florida l DePartment of Community 'Affairs
(DCA).
The. Board of County CommisSioners is required by the APF to establish
Areas of. Significant. lnfluence!(ASl) around any .road segment
interseCtion'which.is Operating at'an~Uhacceptable level of service (LOS)
or'IS~p~0]e~ted~t0 0perate"a~,a~'~i'na'~t~[I/I. OS and is inet scheduled~f6r
Impi;ov~'ent.{~ih.!i;th~.ic~'p~t'~!i~il~jS't.~b~'~n~ent 'Element. {CIE) 0f?;~'the
Comprehensive Plan in e~ manner and fi/~i~ Which would provide facilities
Concurrent with the;ImPacts ~{>f?dev~lOpment pursuant to the"APF;
Prelects within the boundaries'Of'an ASl:are, with a few excepttonsnot
relevant herein, prohibited from obtaining further Certificates of Public
Facility Adequacy that would allow impacts to exceed the remaining
capacity, if any,' of these road' segments 'or additional impacts to thee
deficient or potentially'deficient:~facllity, The applicant shall notify
SWFRPC and DCA within five (5) :Worklng days after receipt of notice of
a pUblic hearing to determine'the boundaries of any ASI on any facilities
listed In Section 3.b. hereof.
If any of the road segments identified in this paragraph 3.b. become
deficient, the County shall establish an Area of Significant Influence
around such segment pursuant to criteria set forth in the APF.
j. In addition to the provisions of the Collier County APF Ordinance:
The Twelve Lakes Development of Regional Impact is subject to
the specified requirements Of:.:the' Adequate Public Facilities
Ordinance No. 96-53, as',that O~dinance existed!on.the effective
date hereof. Any amend~ent::~O',the transportatt0n;ilportions 'of
that' OrdinanCe by COllier c0'unty ~hall not be effectlvi~ or applied
to the DRI unless and until this Development Order is amended to
incorporate and render applicable'such changes or amendments
to the APF Ordinance.
ii.
in the event that Collier County designates an ASI around a
deficient road. segment~that'IsyPredicted to be substantially
Words shaded are additions;
Words struck through are deletions.
9
Impacted by Twelve LakeSi':end the ASI does not Include this DRI,
then'the'applicant Sha!l b~'t'{~(Jlted ~to filea Ndt~c~0f Chaifi~§:5'f
this~.~'D~Velopment~ ;-O~d~'~;~it~ii~"COlI[ar County';~,~the"' Sb0thwe-~t
FI0rlda~ ::Reglonal ~ pla'i~ning;;~:cbbncil, ? end the '!~ Departrne"~t~.i3~f
Community AffairS, putsuant'tO'Subsectlon 380,06{1
StatuteS,
The applicant shall file 'a' Noticeof Change within Sixty {60)
frb'm.'the!date the'.C0Unwici~e§te~!~n'~ASI for such 'a' cleficieht!
seg~h~nt'that eXclude Sil;th'eDRl~l~e:.applrCant'shall ifile'~igith~.t~ii
NOtlCO'~0f. Chance a~ Cgti~re'i~t".ti~affi~,iah~lysls~ arid ~0th'er~iinfo'rrh~tl~ii
attempting tO: establiSh=r:thati~th~'~DRI Is'~not having:
ImpactluPOn the'~artlfferit~.tO~d'i'~g~ffient,"ot other ]uStifiCatib'~f
the'Cobr~W's exclbslbri'/i3fl th~ .DRIi from the' ASl.'i~r' If a'n'~AS[~1~
established for any deficient road Segment listed in Paragraph
of this Development Oi, derthat'~0eS not include the Twelve [:al(es
DRI, the DRI' shall!:n0t aP'j~l?!=:for or be issued any."further
Certificates of Public FaClllW Adequacy until: (1).the
Change decision is rnadebYColller County, if neither DCA~hor
SWFRPC Participates~;iln=.the"~pUblic hearing on this Notice'~of
Change.pursuant to,Subsectioh!380.06(19](f}, Florida St~tdtes;
and the change isad0pted byCOllier County, as proposed; oE"(2)
if a written objection .v~as filed bY' either DCA or SWFRPC,'until
the deadline for any appeal of the Collier County decision has
expired pursuant to Section 380.07, Florida 'Statutes, and no
appeal has been filed.
iV.
For purposes of this Development Order, the DRI sh~ll be deemed
to have a significant impact upon a deficient road segment if its
traffic impacts exceed five Percent (5%) of the peak hour, peak
season adopted level of service capacity of the roadway.
Vo
The County shall provide the requisite public notice and hold a
public hearing on the Notice of Change as expeditiously as
possible. Following a public hearing, Collier County shall amend
the DRI Development Order to record its determination whether
or not the DRI is having a substantial impact upon the deficient
road segment or otherwise should not be included within an ASI
for the deficient road segment. In making this determination, the
CountY.shall include the impacts resulting from all development
to occur pursuant to the Certificates of Public Facility Adequacy
previously issued to the::DRl. The amendment of this
Development Order is appealable pursuant to Subsection
380.06(19) and Section 380.07, Florida Statutes.
vi.
If neither DCA nor SWFRPC objects in writing to the Notice of
Chance pursuant to Subsection 380.06(19)(f}, Florida Statutes,
and the change Is adoPted by. Collier County as proposed, the DRI
may be issUed Certificate~ of P~ublic Facility Adequacy following
the County's DeVelopment Orde~ decision. If either DCA or
SWFRPC submits'a wrltten 0biection to the Notice of Proposed
Change prior to the public hearing, the applicant shall not apply
for or be issued Certificates of Public Facility Adequacy until the
deadline for any appeal of the Collier County decision has expired
pursuant to Section 380.07, Florida Statutes, and no appeal has
been filed.
Collier County and the applicant may consider other options to provide
Words shaded are additions;
Words s'h'oci~-h'~ are deletions.
10
adequate, commitments '; f0r 'needed i improvements to transportation
facilities $'et*~fOrth in 3.b. hereof;~provided that said options meet the
following criteria:
The transportation impacts to.the.roads and intersections outlln~d
herein shall be addressed consistent with SWFRPC policies and
said options or mitigative'measures shall be adopted~ln
accordance with Sectlons.'163;3220, Florida Statutes;'i'.Which
requires a'Local Government' Development Agreement ~and~a
commitment by the applicant'and/or the local government?t~i
insure concurrency on all significantly impacted regional toads;
ii.
Any such option shall only be implemented after a Notice of
Change procedure as outlined aboVe.
Local Conditions:
The developer shall be bound by the phasing schedule in the ADA insofar
as it calls for the development to proceed ~-thefrom north s~de to south
(beginning near Radio RoadRad~o) and not provide access to Davis
Boulevard prior to development of ~Phase 3f.
bo
All parcels abutting the main collector road and having direct access to
it shall have self contained turn around areas or circular driveways so as
not to require vehicles to be backed into the right-of-way. The
residential sites located along the principal street between Davis
Boulevard and Radio Road should be limited to the number of driveway
access points (maximum of one drive every two hundred feet). (The
proposed layout could possibly permit one drive every 40 to 60 feet on
a collector street.)
Co
The main collector road shall be constructed to collector road standards
as provided in the Subdivision Regulations.
d .e~-.
The developer shall provide between 20 and 35 feet of additional right-
of-way (the exact amount to be determined when right-of-way permits
are applied for) along the south side of Radio Road and the north side of
Davis Boulevard for drainage improvements, bike paths and appropriate
turn lanes to serve the proiect.
These improvements {b-de above) are considered "site related" as
defined in Ordinance 85-55-92-22, as amended, and shall not be applied
as credits toward any impact fees required by that ordinance.
A sidewalk/bike path should be provided along the entire frontage of
Davis Boulevard and Radio Road. Subject to FDOT approval, the
developer shall provide a sidewalk/bike path within the right-of-way and
abutting the south/north boundary of the property. If existing right-of-
way is not adequate for construction of said sidewalk/bike path, as
determined by the County Engineer and/or FDOT, the developer, his
successors or his assigns shall provide such right-of-way or easement as
is necessary. Sidewalk/bike path will not be required until a
sidewalk/bike path network is existing and provides pedestrian/bicycle
transportation to useful places within the area as determined by the
Words shaded are additions;
Words struck th,-ough are deletions.
11
County Engineer. Construction of the sidewalk/bike path will not be
required by the developer if it is constructed as part of FDOT's
improvements to Davis Boulevard {SR-84). Prior to approval of the final
phase of construction, if the sidewalk/bike path has not been
constructed, the developer shall provide the necessary right-of-way or
easement and, at his option, construct the sidewalk/bike path, or post a
bond in the amount deemed necessary by the County Engineer to insure
the sidewalk/bike path will be constructed, or make payment to the
County for the cost of sidewalk/bike path improvements at the current
cost of construction as determined by the County Engineer. If the latter
is chosen~ the County would then be responsible for construction as part
of a County-wide program.
A street connection shall be provided to the west property line to
connect to Sabal Lakes PUD along the north half of the west property
line (approximately 1,900 feet south of Radio Road) as shown on the
PUD Master Plan.
The streets shall be public.
A buffer and additional rear-yard setback shall be provided along those
lots abutting Davis Boulevard and Radio Road.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed amendment
is legally described as set forth in Exhibit A, attached hereto and by reference made
a part hereof.
Statutes.
C.
The application is in accordance with Section 380.06(19)0 Florida
The applicant submitted to the County a Notice of Change to Previously
Approved DRI known as Exhibit B, and by reference made a part hereof.
D. The applicant proposes the development of Twelve Lakes on 262.33
acres of land for a residential and commercial development which includes 1,000
dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area
on 11.25 acres, and approximately 141 acres of other uses, including parks/opon
space, golf course and associated facilities, wetland preserve and lakes.
E. A comprehensive review of the impact generated by the proposed
changes to the previously approved development has been conducted by the
County's departments and the SWFRPC.
F. The development is not in an area designated an Area of Critical State
Words sh~de'~ are additions;
Words str,~ck thro,~gh are deletions. 12
concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
G. The proposed changes to the previously approved Development Order fall
within the parameters for extensions of buildout pursuant to Subsection
380.06(1 O) (e)2., Florida Statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do
not constitute a substantial deviation pursuant to Section 380.06{19}, Florida
Statutes. The scope of the development to be permitted pursuant to this
Development Order Amendment includes operations described in the Notice of
Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference
made a part hereof.
B. The proposed changes to the previously approved development are
consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not
unreasonably interfere with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development are
consistent with the Collier County Growth Management Plan and the Development
Regulations adopted pursuant thereto,
E. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
A. Except as amended hereby, Development Order 87-1 shall remain in full
force and effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order <)7-5 shall be transmitted
immediately upon execution to the Department of Community Affairs, Bureau of Land
and Water Management; and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
Words t~l~'~aU are additions;
Words -~[~uc~, [~,~oug:-, are deletions.
13
12Ci ' ,
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and majority vote.
Done this
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
.;]' ,..:'i,,'A?TEST: ,..... .,'
,, ~;" DWIGHT E,' BROCK,. CLERK
· -~."- ! :-,. OV ! F M ND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
Words ~,FJ~I~ are additions;
Words ~[,-~ck ;~%r~u~h are deletions°
14
Clerk to the Board~
Please place the following aa a,
1 2-C
|XX} Normal Legal Advertisement [ } Other,
(Display Adv., Location, etc.)
Originatin~ nep~./,lv. County Attorney po=,o,, Date,
(aign clearly)
Petition ~o. ~o ~Umbar.
County Attozne~,a Office
Rearing before, (XX) ~CC ( ] ~ZA [ ) Other
· equested hearin~ da~e, 12/lg/~? ~aaed on advertisement appearing 10 days before hearing.
lfevepapet(=) to be used, (co~lete only if i~poztant [ ], iX] Naples Daily News
or legally required [ ] [ ] Other
Proposed Text~ (Include legal description i C~n location ~ size)~
~ O~IN~ICE C~TING THE BAYSHO~ A~ON B~IFI~TION
~{ICIP~ SERVICE T~ING ~IT; PR~IDING THE AUTHORITY; PROVIDING
FOR THE C~TION; PROVIDING A P~OSE ~ G~ING BODY;
PROVIDING ~ING ~ T~ ~ OF NOT TO EX. ED THeE MILS OF
V~O~M T~S PER ~; PROVIDING FOR THE COL~CTION OF T~S;
PROVIDING FOR C~TION OF ~ ~XSHO~ A~N B~IFI~TION
~VISORY C~ITTEE; ~PO~ ~ C~OSITION; PROVIDING FOR
TE~S OF O~ICE OF THE ~VISORY C~T~E; PROVIDING FOR OFFICERS
OF THE ~VISORY C~IT~; QUOR~; R~ES OF PROCED~; PROVIDING
FOR ~CTIONS, PO~ ~ D~IES OF THE ~VISORY CO~ITTEE;
PROVIDING FOR D~IES OF THE CO~Y ~NIST~TOR OR HIS DESIG~E;
PROVIDING FOR ~VI~ PROCESS OF ~SORY CO~ITTEE; PROVIDING FOR
CONFLICT ~ S~~ILITY; PR~VID~G FOR INCLUSION IN THE COLLIER
COmiTY CODE OF ~WS ~ O~IN~S; PROVIDING'FOR ~ EF~CTI~
DATE.
Companion petition Cai, If any, & proposed hearing date, ~ONE
'. Doeg Petition Fee include Advertising coat? Yea [ ] No Ix) If yea, what account should be charged for adve=tie~ng
: coa~e. 001-013-010-649100-0
.~ Reviewed by~ Approved by~
.
,~ Division Hs~ Date County Manage=
~ Data
1 ,?.C'" 2:
DTBTXZBUTZo~I
before submitttag to County
[ !
County Nanager agenda file~ [ ! ~equesting Division! | ] Original to Cle~k,e Office
~he~lttr~ngse Inl~ia~ing P~J.~rl_~eA~ to approve and submit original ~o Clerk's Office, retaining · cop~
for file.
DATE OF ~,~_
120"2.
Iii111111111111111111111111111111111111111111111111111111111111
Ii111111111111111111111111111111111111111111ii11111111111111111
~LLX~ ~ -~ & IU~CORDS
(8:].31 77~-8408
(813) 776-8606
14:29 ~°03'22
16: 02 ~ 02-' 19
10:35 ~°01'59
941 435 1218 C~ 4
December 1, 1997
Ms. Judith FlanaGan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re:
Notice of Public Hearing to Consider an Ordinance
Creating the Bayshore Avalon Beautification Municipal
Service Taxing Unit
Dear Judi:
Please advertise the above referenced notice one time on
Friday, December 5, 1997, and kindly send the Affidavit of
Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
CharGe to Account No. 001-013-010-649100-0
12g 2.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, DECEMBER 16, 1997, in
the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE CREATING THE BAYSHORE AVALON BEAUTIFICATION
MUNICIPAL SEKVICE TAXING UNIT; PROVIDING THE AUTHORITY;
PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING
BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE
MILLS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE
COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE BAYSHORE
AVALON BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND
COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY
COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE;
QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS;, POWERS
AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF
THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW
PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board and are available for inspection. All interested
parties are invited to attend and be heard.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY Lo HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:
/s/Ellie Hoffman,
Deputy Clerk
(SEAL)
ORDINANCE NO. 97-
AN ORDINANCE CREATING THE BAYSHORE AVALON
BF~.UTIFICATION MUNICIPAL SERVICE TAXING UNIT;
PROVIDING THE AUTHORITY; PROVIDING FOR THE
CRE3%TION; PROVIDING A PUP. POSE AND GOVERNING
BODY; PROVIDING FUNDING AND THE LEVX OF NOT TO
EXCEED THREE MILS OF AD VALOREM TAXES PER
'fEAR: PROVIDING FOR T~E COLLECTION OF TAXES;
PROVIDING FOR CREATION OF T~E BA¥SHORE AVALON
BEAUTIFICATION ADVISORY COMMITTEE; APPOI}VfMENT
AND COMPOSITION; PROVIDING FOR TE~4S OF OFFICE
OF THE ADVI SOR~ COMMITTEE; PROVIDING FOR
OFFICERS OF THE ADVISORY COMM/'~"£~--; QUORUM;
RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS,
POWERS AND DUTIES OF THE ADVISORY COMMITTEE;
PROVIDING FOR DUTIES OF THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR
REVIEW PROCESS OF ADVISORY COMMITTEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN TKE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County has received inquiries relating to
beautification of certain public areas located on, adjacent to,
or in proximity to Bayshore Drive; and
WHEREAS, the Board of County Co~issioners has determined
that the best method for funding the beautification of certain
public areas located on, adjacent to, or in proximity to
Bayshore Drive is to create the Bayshore Avalon Beautification
Municipal Service Taxing Unit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that:
SECTION ONE. Authority
This Ordinance is adopted pursuant to the provisions of
Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and
other applicable provisions of law.
SECTION T%;O. Creation of the Municipal Service Taxing Unit.
There is hereby created and established the Bayshore Avalon
Beautification Municipal Service Taxing Unit, hereinafter
12B 2
referred to as "MSTU". The boundaries of the MSTU are as
follows: See attached Exhibit "A".
SECTION THREE. Purpose and Governing Body.
The MSTU is created for the purpose of: 1) providing
curbing, watering facilities, plantings and maintenance of the
median strips of roadways within the MSTU; 2) providing traffic
calming improvements, street lighting, and sidewalks within the
MSTU; and 3) beautification and maintenance of other public
areas within the MSTU as determined by the Advisory Committee.
The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR. Funding and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of
County Commissioners shall annually, at the time required by
general budgetary law, make an itemized estimate of the amount of
money required to carry out the business of the MSTU for the next
fiscal year, which shall be from October I to and including
September 30 following. The estimate shall describe the purpose
for which the moneys are required and the amount necessary to be
raised by taxation within the MSTU. At the time and place for
fixing the annual rate of taxation for County purposes, the Board
shall fix and cause to be levied on all properties within the
MSTU subject to taxation a millage rate not to exceed three mils
per year.
SECTION FIVE. Tax Assessment and Collection.
Taxes herein provided for shall be assessed and collected in
the same manner and form as provided for the assessment and
collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
SECTION SIX. CrQation of the B&yshore Avalon Beautification
Advisory Committee; Appointment and
Composition.
A. There is hereby created and established the Bayshore
Avalon Beautification Advisory CoMmittee, hereinafter referred to
as the "Committee".
B. The Committee shall consist of five (5) members which
generally represent the area within the MSTU. Members of the
Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be permanent
residents within the MSTU and electors of Collier County. The
Board shall consider appointment of members from different
subdivisions or communities within the MSTU.
D. Appointment of members to the Committee shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the term of office.
E. Members of the Committee shall serve without
compensation, but shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance of their duties
upon prior approval of the Board of County Commissioners.
SECTION SEVEN. Terms of Office of the Advisor~ Committee.
The initial terms of office of the Committee shall be as
follows:
A. Two (2) members shall be appointed for a term of two (2)
years.
B. Two (2) members shall be appointed for a term of three
(3) years.
C. One (1) member shall be appointed for a term of (4)
years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years.
- 3 '
Appointments to fill any vacancies on the Committee shall be
for the remainder of the unexpired term of office.
SECTION EIGHT. Officers of the Advisory Committee; Quorum; Rules of Procedure.
A. At its earliest opportunity, the membership of the
Committee shall elect a chairman and vice chairman from among the
members. Officers terms shall be for one (1) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall
constitute a quorum of the Committee necessary to take action and
transact business.
C. The Committee shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all
Committee minutes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners.
D. Committee member attendance requirements, including
failure to attend meetings and member removal from office are
governed by Ordinance No. 86-41, as amended, or by its successor
ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory
Committee.
The functions, powers and duties of the Committee shall be
as follows:
A. To aid and assist the Board of County Commissioners in
carrying out the purposes of the MSTU as set forth in this
Ordinance.
B. To prepare and recommend to the Boz2d of County
Commissioners an itemized budget of the amount of money required
to carry out the business of the MSTU for the next fiscal year.
- 4-
In carrying out this responsibility, the Committee shall, no
later than April 1'~ of each year, meet with the County
Administrator or his designee and outline to the County
Administrator or his designee those projects which the Co.~mittee
wishes to see accomplished during the next fiscal year. Based
upon this information, the County Administrator or his designee
shall prepare a proposed budget for the MSTU, in accordance with
standard County guidelines regarding the preparation of budgets.
This proposed budget shall then be reviewed by the Committee and
upon approval by the Committee be transmitted through the County
Administrator or his designee to the Board of County
Commissioners for adoption in accordance with procedures for the
adoption of budgets set forth under general law and the Board of
County Co,~unissioners' policy. Should the Committee fail to
approve a budget by June 1'~ of each year, the County
Administrator or his designee shall be authorized to submit a
proposed budget to the Board of County Commissioners.
C. The Committee shall recommend work programs and
priorities to the County Administrator or his designee in
accordance with the adopted budget or budget amendments which may
be adopted by the Board of County Commissioners. The execution
of work programs shall be under the direct supervision and
responsibility of the County Administrator or his designee. Said
work may be performed under contract (in accordance with law) or
by County forces.
D. The CoMmittee may adopt and amend "Guidelines" to govern
its operation and the operation of the MSTU, subject to approval
by the Board of County Commissioners.
- 5.
SECTION TEN.
be'~
Duties of the County Administrator or his
Designee.
The duties of the County Administrator or his designee shall
A. To administer the activities of the MSTU in accordance
with established policies of the Board of County Commissioners
and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Nine, Paragraph B, above.
C. To provide periodic written reports to the Committee,
the County Administrator or his designee and the Board of County
Commissioners of the activities of the MSTU and its finances in
accordance with established guidelines of the Board of County
Commissioners or the Committee.
D. Attend all Committee meetings.
SECTION ELEVEN. Review Process.
This advisory Con~nittee shall be reviewed once every four
(4) years commencing 2001, in accordance with the procedures
contained in Collier County Ordinance No. 86-41, as amended, or
its successor ordinance.
SECTION TWELVE. Conflict and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
~ECTIO~ T~IRTE~I, Inclusion in the Code of L&w~ ~fld O=dinmnces,
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
o 6-
Florida. The sections of the ordinance may De renumuele~ ~:
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FOURTEEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida
Department of State.
PASSE0 AN0 DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, Chairman
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
h'Jcw~f~/(~ina~ccs/1~ays~'~o,c ~lun~cJ~l! Sc~cc T~x~n~
- 7-
BAYSHORE DEVELOPMENT AREA
OPTION "B"
LEGAL DESCRIPTION
Exhibit A
Begin at the Southwest comer of Section 23, Township 50 South, Range 25
East, Collier County, Florida; thence Northerly along the west line of Section 23
and the West line of Section 14 to the centerline of Haldeman Creek; thence
Northeasterly along the centedine of Haldeman Creek to the Intersection of the
West line of the East quarter of the Southwest quarter of Section 11; thence
Nodhedy along the West line of the East quader of the Southwest quarter of
Section 11 to the North line of Mangrove Avenue; thence Easterly along the
North line of Mangrove Avenue to the West line of Pine Street; thence Northerly
along the West line of Pine Street to the Southwesterly right-of-way line of U.S.
41; thence Southeasterly along the Southwesterly right-of-way line of U.S. 41 to
the South right-of-way line of Thomasson Drive; thence Westedy along the South
right-of-way line of Thomasson Drive to the East line of Section 23; thence
Southerly along the East line of Section 23 to the South line of Section 23;
thence Westerly along the South line of Section 23 to the Southwest corner of
Section 23 and the Point of Beginning.
Afftdlvtt of PU~[tCIti~
BOARD OF coul~rY
ATTg: NAJ~CY SJ~LOGU~
PO BOX 41~'16
~,PLE$ FL ~t,,101-3016
REFERENCE: 001L.xO 01 ~-010.-.64910
.5760415] NOTICE OF l.~rE]qT TO
State of
Co~t y of
B~fore the ~r~tgn~l autl~rlty,
tn ~LHer ~ty, FLort~: t~t t~
~ of t~ ~erthi~ ~a ~Lt~ In ~td
Affi~t furt~r
N~t h m ~r ~[t~ mt ~[~, tn aid
Co[[tlr ~ty, F[ort~, ~ t~t t~ aid
~r ~ ~retof~l ~ ~ti~ty
~[t~ tn aid
~LLter ~ty, FLoH~,
atta~ ~ of ~rtt~t;
furt~r ~m t~t
di~t, rate,
~e of ~uri~ thh
~[tatt~ ~n t~ aid
lq/I)L[ S~EO ON:
AD SPACE: 1~.000
~:~tLED ON: 12/05/97
IDI.
· I .
12C
ORDI'N~NC:~ NO. 9'7- 82
A/~ ORD IN~tNC~ CI~TING T~ ~SHO~ A~N
B~IFI~TI~ ~ICIP~ S~ T~G
PR~IDING T~ A~HO~ ~~G ~R
~TI~; P~D~G A ~SE ~ ~~G
~; ~D~G ~ING ~ ~ ~ OF N~ ~
~ ~ ~LS OF ~ ~~ T~S
~; ~D~G ~R T~ CO~I~ OF T~S;
~D~G ~R ~TI~ OF T~ ~TSHO~ A~
B~I~TI~ ~SORX C~~;
~ C~SITION; ~~ ~R ~ OF O~
OF T~ ~SORX C~~; ~D~G ~R
O~I~ OF ~ ~SORT C~~; ~OR~;
R~S OF ~,,~; ~~G ~R ~I~S,
~ ~ D~IES OF ~ ~SORX C~~;
PR~D~G ~ D~IES OF ~ CO~
~IS~ ~ HIS DESI~; ~D~G ~R
~ ~SS OF ~SOR~ C~"~'~;
P~D~G ~R C~I~ ~ S~ILI~;
~D~G ~ ~USI~ ~ ~ CO~I~ CO~
CODE OF ~S ~ O~~S; P~D~G ~R ~
E~'~'~CT~ DA~.
WHEREAS, the County has received inquiries and conducted
neighborhood meetings concerning proposals relating to
beautification of certain public areas located on, adjacent to,
or in proximity to Bayshore Drive; and
WHEREAS, the Board of County Co~issioners has determined
that the creation of a municipal service taxing unit is the best
method for implementing ahd funding the beautification of certain
public areas located on, adjacent to, or in proximity to
Bayshore Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that:
SECTION O~. Authority
This Ordinance is adopted pursuant to the provisions of
Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and
other applicable provisions of law.
SECTION ~O. Creation of ~e ~nicipal Se~ice T~ing Unit.
There is hereby created and established the Bayshore Avalon
Beautification Municipal Service Taxing Unit, hereinafter
2
referred to as "MSTU". The boundaries of the MSTU are as
follows: See attached Exhibit "A" which is incorporated herein
~,,~rpos~ and Governing Body.
The MSTU is created for the purpose of: 1) providing
curbing, watering facilities, plantings and maintenance of the
median strips of roadways within the MSTU; 2) providing traffic
calming improvements, street lighting, and sidewalks within the
MSTU; and 3) beautification and maintenance of other public
areas within the MSTU as determined by the Advisory Committee.
The governing body of the MSTU shall be the Board of County
Commissioners of Collier County, Florida.
SECTION FOUR. Fun~ing and Levy of Taxes.
For the purpose of implementing this Ordinance, the Board of
County Commissioners shall annually, at the time required by
general budgetary law, make an itemized estimate of the amount of
money required to carry out the business of the MSTU for the next
fiscal year, which shall be from October 1 to and including
September 30 following. The estimate shall describe the purpose
for which the moneys are required and the amount necessary to be
raised by taxation within the MSTU. At the time and place for
fixing the annual rate of taxation for County purposes, the Board
shall fix and cause to be levied on all properties within the
MSTU subject to taxation a millage rate not to exceed three mils
per year.
SECTION FIVE. Tax A~ses~nt and Collection.
Taxes herein provided for shall be assessed and collected in
the same manner and form as provided for the assessment and
collection of general County taxes and subject to the same fees
for assessing and collecting as general County taxes.
by reference.
SECTION THREE.
-2-
12.0 2.
SECTIOH SIX. C~e&tion of the B&yshor~ &va.lon B~&utific&2ion
Adv£sory Co,,,,,,4tt~; Appointm~nt and
Composition.
A. There is hereby created and established the Bayshore
Avalon Beautification Advisory Committee, hereinafter referred to
as the "Committee".
B. The Committee shall consist of five (5) members which
generally represent the area within the MSTU. Members of the
Committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Said members shall be permanent
residents within the MSTU and electors of Collier County. The
Board shall consider appointment of members from different
subdivisions or communities within the MSTU.
C. Appointment of members to the ComMittee shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the term of office.
D. Members of the Committee shall serve without
compensation, but shall be entitled to receive reimbursement for
expenses reasonably incurred in the performance of their duties
upon prior approval of the Board of County Commissioners.
SECTION SEVEN. Terms of Office of the Adviso~ CommittGe.
The initial terms of office of the Committee shall be as
follows:
A. Two (2) members shall be appointed for a term of two {2)
years.
B. Two (2) members shall be appointed for a term of three
(3) years.
C. One (1) member shall be appointed for a term of (4)
years.
Thereafter, each appointment or reappointment shall be for a
term of four (4) years.
-3-
Appointments to fill any vacancies on the Committee shall be
for the remainder of the unexpired term of office.
SECTION EIGHT. Officers of the Advisor~ C~tttme; Quorum; Rules
of Procedure.
A. At its earliest opportunity, the membership of the
Committee shall elect a chairman and vice chairman from among the
members. Officers terms shall be for one (1) year, with
eligibility for re-election.
B. The presence of three (3) or more members shall
constitute a quorum of the Committee necessary to take action and
transact business.
C. The Committee shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all
Committee minutes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners.
D. Committee member attendance requirements, including
failure to attend meetings and member removal from office are
governed by Ordinance No. 86-41, as amended, or by its successor
ordinance.
SECTION NINE. Functions, Powers and Duties of the Advisory
Committee.
The functions, powers and duties of the Committee shall be
as follows:
A. To aid and assist the Board of County Commissioners in
carrying out the purposes of the MSTU as set forth in this
Ordinance.
B. To prepare and recommend to the Board of County
Commissioners an itemized budget of the amount of money required
to carry out the business of the MSTU for the next fiscal year.
- 4-
12C
In carrying out this responsibility, the Committee shall, no
later than April 1'~ of each year, meet with the County
Administrator or his designee and outline to the County
Administrator or his designee those projects which the Committee
wishes to see accomplished during the next fiscal year. Based
upon this information, the County Administrator or his designee
shall prepare a proposed budget for the MSTU, in accordance with
standard County guidelines regarding the preparation of budgets.
This proposed budget shall then be reviewed by the Committee and
upon approval by the Committee be transmitted through the County
Administrator or his designee to the Board of County
Commissioners for adoption in accordance with procedures for the
adoption of budgets set forth under general law and the Board of
County Commissioners' policy. Should the Committee fail to
approve a budget by June 1't of each year, the County
Administrator or his designee shall be authorized to submit a
proposed budget to the Board of County Commissioners.
C. The Committee shall recommend work programs and
priorities to the County Administrator or his designee in
accordance with the adopted budget or budget amendments which may
be adopted by the Board of County Commissioners. The execution
of work programs shall be under the direct supervision and
responsibility of the County Administrator or his designee. Said
work may be performed under contract (in accordance with law) or
by County forces.
D. The Committee may adopt and amend "Guidelines" to govern
its operation and the operation of the MSTU, subject to approval
by the Board of County CO~issioners.
Demi~ee.
The duties of the County Administrator or his designee shall
- 5-
2
120 2
A. To administer the activities of the MSTU in accordance
with established policies of the Board of County Commissioners
and guidelines adopted by the Committee.
B. To prepare the annual budget in accordance with Section
Nine, Paragraph B, above.
C. To provide periodic written reports to the Committee,
and the Board of County Commissioners of the activities of the
MSTU and its finances in accordance with established guidelines
of the Board of County Commissioners and/or the Committee.
D. Attend all Committee meetings.
SECTION ELEVEN. Review Process.
This advisory Committee shall be reviewed once every four
(4) years commencing 2001, in accordance with the procedures
contained in Collier County Ordinance No. 86-41, as amended, or
its successor ordinance.
SECTION TWELVE. Conflict and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THIRT~. Inclusion in the Co~m of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
- 6-
SE~T~OI~ FOUB. T~EI~. E££~c2~v~
12C
This Ordinance shall be effective upon filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this /~ day of ~ , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
, //,.,i.~ - . .
-,%
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:%~f~O~Hy~. HANCOCK, -Chairman
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
h.~e'w/hfa~din~n~/Bay~ho~ Mur.~'~pal Se~ Taxi~$ ~
-7-
120 2
EXHIBIT A
BAYSHORE DEYELOPMENT AREA
LEGAL DESCRIPTION
Begin at the Southw~t comer of Section 23, Township 50 South, Range 25 East, Collicr
County, Florida; thence Northerly along the west line of' Section 23 and the West line of
Section 14 to thc ccnterlinc ofHaldcman Crcck; thence Norf, hcastcrly along thc ccntcrlinc
of Haldcman Creck to thc Intersection of the West line of the East quarter of thc
Southwest qua.ncr of Section 11; thence Northerly along thc West line o£thc East quarter
of thc Southwest quarter of Section 11 to thc North line of Mangrove Avenue; thence
Easterly along thc North linc of Mangrove Avenue to the East line of Pine Street; thence
Northerly along thc East line of Pine Street to the ccnterlinc ora 10' wide allcy in Block
4 as shown on the plat of"W.H. Surcncy Subdivision" as recorded in Plat Book 1, Page
28, Public Records of Collier County; thence Easterly along said ccntcrlinc and its
Easterly extension to thc East line of Lot 39, as shown on thc plat of"Naples Groves and
Truck Co.'s Little Farms No. 2" as recorded in Plat Book I, Page 27A, Public Records of
Collier County; thence Southerly along said East linc to thc South line of Weeks Avenue;
thcnce Easterly along thc South line of Weeks Avenue to the West line of Bayshore
Drive; thcnce Norlhcrly along West line of Bayshorc Drive to the southwesterly right-of-
way line of U.S. 41; thence southeasterly along thc Southwesterly right-of-way linc of
U.S. 41 to the East linc of the West one eighth o£thc Northwest quarter of Section 13;
thence southerly along the East line of thc West one eighth of thc Northwest quarter of
Section 13 to thc South linc of thc Northwest quarter of Section 13; thcnec Westerly
along the South linc o£ the Northwest quarter of Section 13 to the West line of Section
13; thence Southerly along thc West linc of Section 13 and thc East linc of Section 23 to
the South line of Section 23; thence Wcstcrly along thc South linc of Section 23 to the
Southwest comer o£Scction 23 and the Point of Beginning.
12C
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, ~ollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-82
Which was adopted by the Board of County Commissioners on the 16th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of December,
1997.
DWIGHT E. BROCK ~,2.
Clerk of Court~'..a~.
Ex-officio to B_~_ar~
County Commissi~n'~s,
By: Ellie Hoffman .:i
Deputy Clerk
/
TO ALL COLLIER COUNTY, FLORIDA COMMISSIONERS:
WE, THE COUNTY PROPERTY TAXPAYERS RESIDING AT
MOORHEAD MANOR, 4260 BAYSHORE BLVD, NAPLES,
FLORIDA, DO HEREBY REGISTER OUR Op_P__O~SITION T°
THE ENACTMENT OF A SPECIAL TAXING DISTRICT
BEFORE TAXPAYERS OF THAT AREA HAVE AGREED
THAT SUCH A NEED EXISTS FOR ADDITIONAL TAX
REVENUE:
Signatu]
Name (print)
PhoneNo. Moorhead Lot No.
~ / ~-'. ', ,; .-.',. ??.',,
FOR LIGAL A~vsATISI31~ OF PD]LIC 13LARINO!
Plaaaa place the following aa a,
[ ) otbart
(Dirplay Adv., Locmtion. etc.)
O~ collacthg non-ad valorem &aaaamnta for intarla go~oFumental me.ice f~. wi~h the ~co~rat~ ~ea
the ~co~ratod ~eas o~ Collie~ C~ty, Ylorida.
aim · add~osa of nay peraon(a) to be notified b~ ¢lerh'l O£f4ca, (I£ Bore ~aco needed, attach
~l.~g haole, [~] B~ [ ] B~ ( J Othar
:ed haL~ug d~tet December 16, 1997
a~elLE:Lz~gm Xovlmblr~ -- 21, lj97, ~~9~
~~, 19,7. ~C~, 1,97 ~d ~c 97.
(I) ~0 bO UlOdt (CqlO~O On17 ~ ~r~ [ ], [ ] Iqlll Dilly i~l
Or legally ro~ir~ [ ] [ ] Other
T~t (~cludo l~al deocrLp~ & c~ I~a~L~ i o~se) t
m A~A~t ~I~ of ~LXC ~
[ ] Co~ty ~oJ~&ger agenda filej [ ] loq~eat~ng Division; [ ] Original to Clerk's Office
for file.
(:Ln~ud.,b:q' ~ cove2:)
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November 18, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider a Resolution Setting
forth the Board's intent to use the Uniform Method of
Collecting Non-ad Valorem Assessments for Interim
Governmental Service Fees
Dear Judi:
Please advertise the above referenced notice one time on each
of the following days: Friday, November 21, 1997; Thursday,
November 27, 1997; Thursday, December 4; and Thursday,
December 11, 1997.
Kindly send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Charge to Account 001-010510-649100
RESOLUTION NO. 9'/-
A RESOLUTION OF TIIE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SETTING FORTII ITS INTENT TO USE THE UNIFORM
METIIOD OF COLI.ECTING NON-AD VALOREM
ASSESSMENTS FOR INTERIM GOVERNMENTAL
SERVICE FEES WITIIIN THE UNINCORPORATED AREA
AND TIIE INCORPORATED AREAS OF COLLIER
COUNTY.
WHEREAS, the Board of County Commi~ioner~ of Collier County, Florida, (ber~inafl~r
refcrred to as Board or County) has determined that certain costs of government services
provided to identified parcels of real property should be paid for through the development and
imposition of intcrim govm'nmental service fees imposed upon such parcels; and
WHEREAS, thc Board has determined that a non-ad valorem assessment is the most
feasible method to impose to collect intcrim governmental service fees against properties within
the unincorporated and incorporated areas of Collier County; and
WHEREAS, tile Board has identified and recognizes a need for thc levy of a non-ad
valorem assessment for the interim governmental service fees and elects to usc Iht uniform
method :~fcollecting such .assessments; and
WI-IEREAS, Section 197.3632, Florida Statutes, provides for the uniform method of
collecting non-ad valorem assessments and said Section requires that the County adopt a
resolution at a public heating prior to January I stating its intent to use thc uniform method of
collecting non-ad valorem assessments; and
WHEREAS, Section 197.3632, Florida Statutes, also roquires that the County publish
notice of its intent to use the uniform method of collecting non-ad valorem assessments we~kly
in a newspaper of general circulation within each county contained in the County for four
consecutivc weeks prior to the hearing; and
WHEREAS, tile County has imblished the required notices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COU'NTY, FLORIDA, that:
I. There is a need for the leO' of a non-ad valorem assessment to provide for the
imposition and collection of interim governmental service fees.
2. The non-ad valorem assessments levied for the interim governmental service fees
against tile properties located within the unincorporated area and incorporated areas of Collier
County, Florida, that receive a certificate of occupancy between September 1, and the following
August 30 of each year that am not shown as an improve~nent to the real property on the nd
valorem tax bill may be collected utilizing the uniform method for collecting such non-ad
valorem assessments as provided in Section 197.3632, Florida Statntes. The special assessment
to be levied as thc non-nd valorem as.~ssment shall pay for Ih.: enhanced County ~.rvicea
provided by the County by virtue of the e.xiste~.ce of the said improvement(s) on the re~l property
12C 3
and the usc, occupancy or potential usc or occupancy of the improved property. The special
assessment is For the interim governmental service fees that am imposed on the improved real
property being given a certificate of occupancy for the portion of a tax year remaining
subsequent to the issuance by the County of the certificate of occupancy.
3, Thc County recognizes the requirement of Section 125.01(1)(q), Florida Statutes,
that provides that the boundarlcsof a municipal s~vice benefit unit may include all or part of the
boundarics of a municipality (in addition to all or part of the unincorporated area) subject to the
consent by onlinance of the governing body of the affected municipality given either annually or
for a term of years. It is the County's intent to use the uniform method of' collecting non-ad
valorem assessments for interim governmental s~wice £eea for the unincorporated area of Collier
County and for any municipality within Collier County that consents pursuant to Section
12$.01(t)(q), Florida Statutes. Ir'the governing body ora municipality does not adopt a consent
ordinance rcf~',:nced in Section 125.01(I)(q), Florida Slatutes, by February I, 1998, then such
municipality shall not be included within the interim gow-rnmental service fees municipal
service benefit unit. Ifno municipality consents through its governing body for all or a part o£
its municipal boundaries to be included in such benefit unit, the County intends to us~ the
uni form method of collecting non-ad valor~n assessments for intern governmental s~vice
for the unincorporated area of Collier County.
4. A legal description of the boundaries of' the real property subject to the levy is
provided in the document entitled "COLLIER COUNTY" and Exhibits "A", "B" and
attached hereto and made a part hereof.
5. A copy of this Resolution shall b~ mailed by United states mail to the Collier
County Property Appraiser, the Collier County Tax Collector, and the State of Florida
Department of Revenue by January 10, 1998.
6. This non-ad valorem assessment is a one time assessment upon improved mai
property for interim governmental service fees.
This Resolution adopted this . day of , 1997, after motion,
second and majority ,,,otc.
DATED:
ATTEST:
DWIGItT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONrERS
OF COLLIER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
COLLIER COUNTY
THE BOUNDARY LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING
WHERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED
WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA
IN THE WATERS O~ THE GULF OF MEXICO;
THENCE EASTERLY ON SAID TOWNSHIP LINE TO TilE NORTHWEST CORNER OF
SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE
EAST;
THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID
TOWNSHIP AND RANGE;
THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX
EAST;
THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF
TOWNSHIP FORTY-SEVEN SOUTH OF RANGE TWENTY-SEVEN EAST;
THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO
THE EAST LINE OF RANGE TWENTY-SEVEN EAST;
THENCE NORTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP
FORTY-SIX SOUTH;
THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE
EAST LINE OF RANGE THIRTY EAST;
THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP
FORTY-NINE SOUTH;
THENCE EAST ON THE NORTH LINE OF SAID TOWNSHIP FORTY-NINE SOUTH TO
THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF
BROWARD COUNTY;
THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST
BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF
INTERSECTION WITH TItE SOUTH LINE OF TOWNSHIP FIFTY-THREE SOUTH;
THENCE WEST ON THE SOUTH LINE OF SAID TOWNSHIP FIFTY-THREE SOUTH
TO WHERE TttAT LINE EXTENDED INTERSECTS THE WESTERN BOUNDARY OF
THE STATE OF FLORIDA IN THE WATERS OF THE GULF OF MEXICO;
THENCE NORTHWESTERLY AND ALONG THE WATERS OF SAID GULF OF
MEXICO, INCLUDING THE WATERS OF SAID GULF WITHIN THE JURISDICTION
OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. :
PER FS 7.11
LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A,
CITY. DF NAPLES AND EXHIB1T B, EVERGLADES CITY
EX]~IBIT
10/95
CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNEXATION AREA)
Beginning at the ~orthwest corner of Section 16, Township 49 South.
Range 25 East, thence east along the north line of said Section 16
to the north quarter corner of Section 16, also the northeast
corner of Government Lot One; thence south 00 degrees 45 minutes 40
seconds east for 30.00 feet to the northwest corner of Park Shore
Unit No. 4, said. point is also the southwest corner of Seagate
Drive and Crayton Road; thence along the platted bounder7 of said
Park Shore Unit N6. 4 in the followlng described courses: north 89
degrees 31 minutes 00 seconds east 336.83 feet; south 0 d~grees 39
minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 00
seconds east 330.00 feet; north 00 degrees 39 minutes 10 seconds
west 660.00 feet to the south right of way line of Seagate Drive;
thence east along the south right of way line of Seagate Drive
1,866.98 feet to a point on the west right of way line of U.S.
(Tamiami Trail); said point being the southwest right of way corner
of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly
along the wast right of way line of U.~. 41 (Tamiami Trail)
2,623.60 feet to a point on the east and west quarter section line
of Section 16, Township 49 South; Range 25 East; thence along the
east and west quarter section line of said Section 16, north 89
degrees 39 minutes 50 seconds east 150.00 feet to the east quarter
corner of said Section 16; thence along the east line of said
Section 16, south 0 degrees 24 minutes 40 seconds oast 2649.62 feet
to thc northeast corner of Section 21, Township 49 South, Range 25
East; thence along the east line of said Section 21, South 0
degrees 43 minutes 30 seconds east 1069.33 feet to a point which
lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from
the northeast corner of Lot I of Block 22 of said plat of Park
Shore Unit No.3; thence at right angles to the west right-of-way
line of U.S. 41 (Tamiami Trail), easterly 25.00 feet to the east
right-of-way linc of U.S. 41; thence along the cast right-of-way
line of U.S. 41, southerly 810.97 feet to the northwest corner, of
Block A, North Naples Highlands as recorded in Pla~ Book 3, Page
12; thence south 89 degrees 43 minutes east, 375.0 feet; thence
south 135.32 feet; thence north 89 degrees 40 minutes 45 seconds
west, 22.53 feet to the beginning of a curve concave southeasterly,
113.23 feet (Chord - 112.72 feet, Radius 330 feat) to a curve~
concave nor=hwesterly, 92.68 feet (Chord = 92.22 feet, Radius 270
feet); thence north 89 degrees 40 minu~es 45 seconds west, 150.31
feet to thc east right of way line of U.S. 41; thence south along
said ~ast right of way linc to ~hc northwest corner of Tract
12(]
h Point Subdivision; thence south 89 degrees 55 minutes 30
Hig .... ~n~ 0 feet to the northeast corner ~f said Tract "A";
~nce south 0 degrees 02 mi~u~es ~,? west along said
th~ north line of Rosemary Hal9hts A~a~zun, ~* ..... ~eights Addition;
line to the northeast corner of Lot 48, Rosemary
thence south along the east line of said Lot 48 to the southeast
corner of said Lot 48; thence west along the south line of Lots 48,
46, 44, 42, and 40 to the east right of way line of U.S. 41; thence
southerly 858.62 feet along said east right of way liqe of U.S. 41
to a point on the north line of Section 27, Township 49 South,
East w~lch l~es 24 88 feet east of. the ~ort~-~es%.cor~r
i t said
east to the northeast corner
thence continuing along the north line of said Section
Section 27; ....... ~ ...... ~ of C-BSl (also known
27. east 45 ~eet to :ne east rlpht-u~--~; ..ne
as'Goodlette-Frank Road); thence along said east rigbt-oz-way £~ne
of C-851 (also k~,own as Goodlette-Frank Road), (which right-of-way
line lies 45 feet east of, measured at right angles to, and
parallel with the north and south quarter section line of said
Section 27), to the north line of Lot ll, Naples Improvcmen~
Company's Little Farms, Plat Book 2, Page 2; thence east to the
east section line of Section 27, Township 49 South, Range 25 East;
thence north along the east line of said Section 27 to the
northeast corner of said Section 25; thence east along the north
line of Section 26, Township 49 South, Range 25 East to a point
990.0 fee: west of the west right of way line of Airport Pulling
Road; thence south 01 depress 30 minutes 00 seconds east, ~320.0
feet; thence north 89 degrees 25 minutes 40 seconds east,
feet; thence north 01 degrees 30 minutes 00 seconds west, ~320.0
feet to the north linc of said Section 26; thence east alon~ said
north line of Section 26 to the west right of way line of Airport-
Pulling Koad; thence southerly along the west right o~ way line of
said Airport=Pulling Road to the south line of said Section 26
aid right-of-way line lying 50 feet west of the southeast corner
~ said Section 26); thence westerly along said south line to the
. corner of said Section 26; thence northerly along the
southwest hr-of-wa line of
.. ~= --~ e-~tion 26 to the southerly rig . ~
west £1ne ~ ~
Gate Parkwa (100 feet wide); thence easterly along sago
Golden Y · ' 0 00 feet west of
· -wa line to a point lying 112 .
southerly r~ght-o~ Y ........ ~-- Road' thence northerly
w st line oz sai~ A~rpor: ru~,,~ ,
the e ..... :-ut of wa,, line to the northerly right of
parallel witA sago wes~ zxp~ - -
way line of said Golden Gate Parkway; thence westerly along the
north right of way of Golden Gate Parkway ~0 a point 620 feet east
and 235.46 fact south of the northwest corner of Lo: 8, Naples
Improvement Company's Little Farms; thence north 235.46 feet to the
north line of Lot 8; thence west along said north line 620 feet to
the northwest corner of said Lot 8; thence southerly to that angle
point in said east right-of-way line which lies on a line 400.00
feet northerly of (measured at right angles to) and parallel with
the north line of Section 34, Township 49 South, Range 25 East;
thence continuing along said east right-of-way line to the north
2
APR ~ '95 16:51
+! 8~3 ~3~ ~659 ~AGE.~03
line of Gordon River Homes Subdivision; thence east along the north
line of Lots 50, 49, and 48 to a point 22.5 feet east of the
northwest corner of Lot 48; thence south parallel to the west line
of Lot 48 to the south line of Lot 48; thence west along the south
line of Lots 48, 49, and 50 to the east right of way line of
Goodlette-Frank Road; thence continuing along said east right-of-
way line, which line lies 100.0 feet eas: of, measured at right
angles to, and parallel with the north and south quarter section
line of said Section 34; thence continuing along said east right-
of-way line to a,point on th= north line of the southwest quarter
of the northeast quarter of Section 34, Township 49 South, Range 25
East; thence continue on said right of way line 460.0 feet; thence
north 89 degrees 41 minutes 30 seconds east 494.99 feet; thence
south 0 degrees 34 minutes 06 seconds east 615.88 feet to a point
of curvature; thence southwesterly 343.97 feet along the arc of a
tangential circular curve, concave to the northwest having a radius
of 243.97 feet and subtended by a chord which bears south 44
degrees 33 minutes 25 seconds west 345.84 feet; thence south 89
degrees 41 minutes 30 seconds wast 250.0 feet to the easterly right
of way line of Goodlette-Frank Road; thence south along said right
of way line to a point 48.43 feet south of the north line of the
south half of Section 34, Township 49 South, Range 25 East; thence
north 89 degrees 56 minutes 59 seconds east 249.79 feet; thence
northeasterly 173.98 feat along the arc of a circular curve concave
to the northwest having a radius of 293.97 feet and being subtended
by a chord which bears north 72 degrees 59 minutes 41 seconds east
171.46 feet; thence south 89 degrees 47 minutes 31 seconds east
808.79 feet; thence north 89 degrees 55 minutes 05 seconds east
993.64 feet to a point on that bulkhead line as shown on Plat
recorded in Bulkhead Line Plat Book 1, Page 25, Collier County
Public Records, Collier County, Florida; thence run the following
courses along the said Bulkhead line, 47.27 feet along the arc of
a non-tangential circular curve concave to the west, having a
radius of 32.68 feet and subtended by a chord having a bearing of
south 14 degrees 08 minutes 50 seconds east and a length of 43.26
feet to a point of tangency; south 27 degrees 17 minutes 25 seconds
wast for 202.44 feet to a point of curvature; 296.89 feet along the
arc of a curve concave to the southeast, having a radius of 679.46
feet and subtended by a chord having a bearing of south 14 degrees
46 minutes 21 seconds west and a length of 294.54 feat to a point
of reverse curvature; 157.10 feet along the arc of a curve concave
to the northwest, having a radius of 541.70 feet, and subtended by
a chord having a bearing of south 10 degrees 33 minutes 47 seconds
wes: and a length of 156.55 feet to a point of reverse curvature;
307.67 feet along the arc of a curve concave to the northeast;
having a radius of 278.30 feet, and subtended by a chord having a,
bearing of south 12 degrees 47 minutes 59 seconds east and a length
of 292.24 feet to a point of reverse curvature; 135.31 feet along
the arc of a curve concave to the southwest, having a radius of
100.00. feet, and subtended by a chord having a bearing of south 05
degrees 42 minutes 27 seconds cast and a length of 125.21 fact to
3
a point of tangency; thence south 33 degrees 03 minutes 21 seconds
west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds
west 1.93 ~eez to the north line of River Park East subdivision
which is also the north line of the south half of the southeast
quarter of Section 34, Township 49 South, Range 25 East; thence
along the north line of the south half of the southeast quarter of
said Section 34, easterly to the west line of Section 35, Township
49 South, Range 25 East; thence along the west linc of said Section
35, northerly 1320 feet more or less to the northwest coz-nar of the
south half o~ said Section 35; thence along the north line of the
south half of sa%d Section 35, easterly to the west right-of-way
line of State Road No. 31 (Airport Road), which right-of-way line
lies 50.0 feet w~st of, measured at right angles to, and parallel
with the east line of said Section 35; thence along said right-of-
way line of State Road No. 31, south 00 degrees 13 minutes 57
seconds west 1800 feet more or less to a point on said west right-
of-way line, which lies north 00 degrees 13 minutes 57 seconds east
848.02 feet and ~outh 89 degrees 46 minutes 03 seconds west 50.00
feet from the 'southeast corner of said Section 35; thence
continuing along said west right-of-way line southerly 325.02 feet
along the arc of a tangential circular curve concave to the east,
radius 2914.93 feet, subtended by a chord which bears south 2
degrees 57 minutes 43 seconds east 324.87 feet; thence continuing
along said west right-of-way line, tangentially south 6 degrees 09
minutes 22 seconds east 3.13 feet; thence southerly along a curve
concave to the southwest, having a central angle of 6 degrees 23
minutes 19 seconds and a radius of 1860.08 feet, a distance of
207.34 feet; thence south 0 degrees 13 minutes 57 seconds west
313.03 feet more or less to a point on the north line of and 20
feet west of the northeast corner of Section 2, Township 50 South,
Range 25 East; thence southeasterly, 300.7 feet more or less to a
point on the east line of said Section 2 which point lies 300.0
feet south of the northeas~ corner of said Section 2; thence along
the east line of the north half of said Section 2, southerly to the
southeast corner of the north half of said Section 2; thence along
the south line of the north half of said Section 2; westerly to the
northeast corner of the southeast quarter of Section 3, Township 50
South, Range 25 East; thence southerly along the east line of the
southeast quarter of said Section 3, and along the east lines of
Sections 10, 15, 22, and 27, all in Township 50 South, Range 25
East, to the southeast corner of said Section 27, Township 50
South, Range 25 East; thence westerly along the south line of said
Section 27, Township 50 South, Range 25 East, and along the
westerly prolongation of said south line to a point 1000 feet west
of the mean low water line of the Gulf of Mexico; thence northerly
along a line lying 1000 feet westerly of the meanders of the said
mean low water line to an intersection with the westerl~
prolongation of the north line of Section 16, Township 49 South,
Range 25 East; thence easterly along said westerly prolongation to
the p~ace of beginning, said land lying and being in Collier
County, Florida.
!
12C
Chapt:r 29068
HOUSE BILL NO. 961.
Laws of Florida, Acts of 1953
An Act to Abolish the Charter of the Town of Everglades,
in Collier County, Florida, and to Grant a New Charter for
the "City cf Everglades" in Collier County Created Under This
Act; to Define its Boundaries, Jurisdiction, Powers, Privileges
and ~mmunlties; to Confirm the Title to all City Property In-
cluding all Riparian and Foreshore Rights, the Title to Ail
The Tide Water and Other Lands and River Bottoms; to Validate
all Taxes and Other Assessments and Levies Heretofore Fade;
to Preserve the Validity and Binding Force of All 9ebro,
Obligations and Liabilities cf the Former Town or Everglades,
and to Continue the Same as the Debts and Liabilities of the
City of Everglades Created by This Act, and to Preserve the
Validity and Bindin: Force cf Ail Credits and Assets of the
Former Tow~ of Everglades an~ to Continua the Same as the
Credits and Assets of the City of EverBlades Created by Thls
Act; Flxin~ the Time Nhen This Act Shall Take Effect; and to
Provide for the Election and Compensation of the City Officials
Authorized by ?his Act; Creattn~ a Municipal Court and Deflnin~
its Powers and Jurisdiction; Creatin§ a Municipal Corporation
in the State of Florida to be Known as the City of Everglades,
and Crantin~ Unto it Specific and Ceneral Power and Authority
Incident ano Necessary tc the Eunnin~ and Operation of a
Municipal Corporation.
EE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLCRIDA:
Section 1. OLD CHARTER REPEALED AND N~W CHARTER
That the present Charter of the Town of Everglades,
in Collier County, Florida, and all laws amendatory there-
of be and the same are hereby repealed, and a municipal
&overwuent be and is hereby created under the name of
"CITY OF EVERGLADES", in Collier County, Florida which
shall possess the territorial limits and the powers and
duties hereinafter set £cr~h.
Section 2. BOUNDARIES.
The territorial limits of the City of Everglades as
created under this Act are hereby defined as follows:
Beginning at the Northwest corner of the Southeast quarter
of the Northwest quarter of Section 11, Township ~3 South,
R~ngo 29 East, thence Easterly to the Northeast corner of
the West half of the Southwest quarter of the Northeast
qusrter of said Section 11, thence Southerly to the South-
east corner o£ the West half of the Southwest quarter of
the Southeast quarter of said Section 11; thence Easterly
to the Northeast corner of the Northwest quarter of the
Northeast quarter of Section l&, To~shlp 53 South, of
P~nge 29 ~ast; thence Southerly to the Southeast corner
of the Northwest quarter of the Northeast quarter of said
Section lk; thence Westerly :o the Hor~heas~ corner of =he
West half of ~he Sov~hwe~ qua~er of the No~heasc qua~er
of ~ald Section lk; thence 5oucherl7 to ~hc ~ou~heas~
corner oD ~he ~les= ~iE of ~he No~h~es~ qua~er of
5ou~heas= ~a~e~ of 5aid Section lk; thence ~este~ly
~he Hor:heas~ corner of ~he 5ou:heas~ qua~er of the
ues~ quar=e~ o~ said Section [[: thence Southerly ~
~ou:heas~ corner of the forth half of the Southeast
qua~er of the No~hwes: qua~er of Section 23~ To.ship
~5] south, ~nge 29 ~s:; thence Westerly ~o the
corner of the North half of said Southeast qua~er of the
,Northwest qua~er of Section 2]; :hence No~herly to the
Southeast corner of the No~hwea: qua~er of the
wea: qua~er of said Section 23; thence Westerly ~o the
Southwes~ corner of the No~hwes: qua~er of the Ho~h-
wes: qua~er o~ said section 23; thence Westerly
,to the Southwest corner of the East half of the
qua~er of the Southeast quarter of Section 15, To.ship
'~3 South Range 29 Eas:; thence No~herly ~o the
west corner of the East half of the No.beast quarter
the S~:heast qua~er of said Secticn 15; thcnce Easterly
to the No.beast corner of the East half of thc North-
eas: q~er of the Sou:heas: qua~er of said Sec:ton
thence No~herly to the No~hwes: corner of the Southwes:
ua~er of the Southwes: qua~er of Section 11, To. ship
] South, ~nge 29 East; thence Easterly to the Southwest
corner of the No.beast quarter of the Southwest qua~er
of said Section 11; thence No~herly to the point of
beginni~.
Ail as sho~ on pla= of the Town o£ Everglades. recorded
in Plat Book 1, Pages 87 :o 95, inclusive, Collier
County records and the City limit~ as shown therecn.
EXHIBIT "C"
11
12
13
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ARTICLE II - CORPORATE LiMi'r~ i
Section 2.01 Description of Corporate Limits.--The
following shall constitute the Corporate Limits of the City of
Marco Island:
A Corporate Line lying offshore from Marco
Island, in portions of Township 52 South, Range
26 East, Collier County, Florida, which line is
described as follows: From the corner common to
Sections 17, 18, 19, and 20, Township 52 South,
Range 26 East, run Westerly along the line
common to said Sections 18 and 19 to a point
2,640 feet offshore in the Gulf of Mexico from
the Mean High Tid~ Line Section 18 and the
point of beginning. From said point of
beginning, run Southerly. 2,640 feet offshore
from the Mean High Tide Line of Marco Island,
past the Southerly point of said Island to the
mouth of Caxambas Pass, thence ~-un
Northeasterly in the waters of Caxan%bas Pass to
the center line of the channel of said Caxambas
- 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
ENROLLED
1997 Legislature
HB 1729, First Engrossed
Pass; thence run Easterly along the centerline
6f the channel of Caxambas Pass, to a point
intersecting a marked channel running Northerly
towards Barfield Bay; thence run Northerly
along the centerline of said channel to a point
300 feet offshore in Barfield Bay from the Mean
High Tide Line of the Easterly end of lands
formerly kno~n as J.M. Barfield Subdivision,
thence run Northerly, Easterly, and Southerly,
300 feet offshore in Barfield Bay from the Mean
High Tide Line of Marco Island to intersection
with the centerline of Blue Hill Creek; thence
run Southeasterly along the centerline of Blue
Hill Creek to a point 300 feet offshore in Blue
Hill Bay from the Mean High Tide Line of Marco
Island; thence continue Northerly, Easterly,
and Southerly 300 feet offshore in Blue Hill
Bay from the Mean High Tide Line of Marco
Island to centerline of the aforementioned Blue
Hill Creek; thence run Northeasterly along the
centerline of Blue Hill Creek, but to a point
intersecting the line common to Range 26 East
and Range 27 East, Township 52 South, Collier
County, Florida; 'thence run Northerly along the
line common to said Range 26 and 27 but to a
point intersecting the centerline of the
channel of the Big Marco River, thence
Northerly, Northwesterly, and Westerly along
the cent~line of the aforementioned Big Marco
River and out through the marked Capri Pass,
being 2640 feet offshore from the Mean High
- 2 -
ENROLLED
1997 Legislature
HB 1729, First Engrossed
1
2
Tide Line of Marco Island; thence run
'Southwesterly, Southerly and Southeasterly 2640
feet offshore from the Mean High Tide Line of
Marco Island to the point of Beginning lying
along the East-West line common to Sections 18
and 19, Township 52 South; Range 26 East.
- 3 -
P. I
41
State of
County of C
Before the
B,
they serve as
Naples Daffy, ~
County. Florid
being a
Not
the matter
non
was published
issues starting
At'flar~t
13,d~lish~ at
new~al::~, ~es he
F~a. each
NAPLE~t DAR. Y NEWS
Publllhed Dilly
NapleS, FL 33940
lavit of Publication
=lorida
undersigned authority, personally apl:~ared
.arab who on oath says that
he Asst. Corp. Secretary, of the
daily newspaDer published at Naples. in Coil,er
a; that the attached copy of the advertising.
ce of public Hearing
un~form method of collecting
.ad valorem a$$esments
n said new8paper_, 4 times in the
on 1 !/2 1/9~nc~ ending on 12/1,1/97
lays tnl! the said N&~e~
~ ha~ ~ ~I~
~i~a~ Of t~ atteC~
.co~l. rebate. ~ss~ ~ ref~ t~ t~ ~r~se of
~omenl I~ ~all~
(S~llt~O el AII,~I)
Sworn tO and s~bscnbed before me
this 25 ~ayof Junel9 98.
Personify k r~OWrL
Tlq:~ O! Ioe,%t,l,cAtK~'
'XOdUCed IOent, f,catton
120 3
RESOLUTION NO. 97-48~
A RESOLUTION OF THE BOARD OF COUNTY
CC~I S S IONERS OF COLLIER COUNTY, FLORIDA,
SETTING FORTH ITS INTENT TO USE THE UNIFORM
METHOD OF COT-T-~-CT ING NON-AD VALOREM
ASSESSMENTS FOR II~rERIM GOVF.~N~tL SEKVICES
FEES WITIIIN THE UNINCORPORATED AREA AND THE
INCORPORATED AItF, AS OF COLLIER COUNT!.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, (hereinafter referred to as Board or County) has
determined that certain costs of government services provided to
identified parcels of real property should be paid for through
the development and imposition of interim governmental services
fees imposed upon such parcels; and
WHEREAS, the Board has determined that a non-ad valorem
assessment is the most feasible method to impose to collect
interim governmental services fees against properties within the
unincorporated and incorporated areas of Collier County; and
WHEREAS, the Board has identified and recognizes a need for
the levy of a non-ad valorem assessment for the interim
governmental services fees and elects to use the uniform method
of collecting such assessments; and
WHEREAS, Section 197.3632, Florida Statutes, provides for
the uniform method of collecting non-ad valorem assessments and
said Section requires that the County adopt a resolution at a
public hearing prior to January 1 stating its intent to use the
uniform method of collecting non-ad valorem assessments; and
WHEREAS, Section 197.3632, Florida Statutes, also requires
that the County publish notice of its intent to use the uniform
method of collecting non-ad valorem assessments weekly in a
newspaper of general circulation within the County for four
consecutive weeks prior to the hearing; and
WHEREAS, the County has published the required notices.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. There is a need for the levy of a non-ad valorem
assessment to provide for the imposition and collection of
interim governmental services fees.
2. The non-ad valorem assessments levied for the interim
governmental services fees against the properties located within
the unincorporated area and incorporated areas of Collier County,
Florida, that receive a certificate of occupancy between July 1,
and the following June 30 of each year that are not shown as an
improvement to the real property on the ad valorem tax bill may
be collected utilizing the uniform method for collecting such
non-ad valorem assessments as provided in Section 197.3632,
Florida Statutes. The special assessment to be levied as the
non-ad valorem assessment shall pay for the enhanced County
services provided by the County by virtue of the existence of the
said improvement(s) on the real property and the use, occupancy
or potential use or occupancy of the improved property. The
special assessment is for the interim governmental services fees
that are imposed on the improved real property being given a
certificate of occupancy for the portion of a tax year or years
remaining subsequent to the issuance by the County of the
certificate of occupancy.
3. The County recognizes the requirement of Section
125.01(1) (q), Florida Statutes, that provides that the boundaries
of a municipal service benefit unit may include all or part of
the boundaries of a municipality (in addition to all or part of
the unincorporated area) subject to the consent by ordinance of
the governing body of the affected municipality given either
annually or for a term of years. It is the County's intent to
use the uniform method of collecting non-ad valorem assessments
for interim governmental services fees for the unincorporated
area of Collier County and for any municipality within Collier
County that consents pursuant to Section 125.01(1) (q), Florida
Statutes. If the governing body of a municipality does not adopt
a consent ordinance referenced in Section 125.01(1) (q), Florida
Statutes, by February 1, 1998, then such municipality shall not
be included within the interim governmental services fees
municipal service benefit unit. If no municipality consents
through its governing body for all or a part of its municipal
boundaries to be included in such benefit unit, the County
intends to use the uniform method of collecting non-ad valorem
assessments for interim governmental services fees for the
unincorporated area of Collier County.
4. A legal description of the boundaries of the real
property subject to the levy is provided in the document entitled
"COLLIER COUNTY" and Exhibits "A", "B" and "C" attached hereto
and made a part hereof.
5. A copy of this Resolution shall be mailed by United
States Mail to the Collier County Property Appraiser, the Collier
County Tax Collector, and the State of Florida Department of
Revenue by January 10, 1998.
6. This non-ad valorem assessment is a one time assessment
upon improved real property for interim governmental services
fees.
This Resolution adopted this/~ day of /~~, 1997,
after motion, second and majority vote.
DATED :. /~~L~/~//;~/
AT, TEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
TIMOTHY ~. HANCOCK, Chairman
Approved as to form and
legal sufficiency:
lJavid C. Weige]' ~'- ~,)
County Attorney
f; ew/Resolutio~ Collecting non-Ad V~lor~rn A~*sa Se~ice Fees
3 o
COLLIER COUNTY
T}IE BOUNDARY LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING
WHERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED
WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA
IN THE WATERS O1~ THE GULF OF MEXICO;
THENCE EASTERLY ON SAID TOWNSHIP LINE TO THE NORTHWEST CORNER OF
SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE
EAST;
THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID
TOWNSHIP AND RANGE;
THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX
EAST;
THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF
TOWNSHIP FORTY-SEVEN SOUTH OF RANGE TWENTY-SEVEN EAST;
THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO
THE EAST LINE OF RANGE TWENTY-SEVEN EAST;
THENCE NORTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP
FORTY-SIX SOUTH;
THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE
EAST LINE OF RANGE THIRTY EAST;
THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP
FORTY-NINE SOUTH;
THENCE EAST ON THE NORTH LINE OF SAID TOWNSHIP FORTY-NINE SOUTH TO
THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF
BROWARD COUNTY;
THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST
BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF
INTERSECTION WITH THE SOUTH LINE OF TOWNSHIP FI~TY-THREE SOUTH;
THENCE WEST ON THE SOUTH LINE OF SAID TOWNSHIP FIFTY-THREE SOUTH
TO WHERE THAT LINE EXTENDED INTERSECTS THE WESTERN BOUNDARY OF
THE STATE OF FLORIDA IN THE WATERS OF THE GULF OF MEXICO;
THENCE NORTHWESTERLY AND ALONG THE WATERS OF SAID GULF OF
MEXICO, INCLUDING THE WATERS OF SAID GULF WITHIN THE/URISDICTION
OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. .
PER FS 7.1 I
LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A,
CITY OF NAPLES AND EXHIBIT B, EVERGLADES CITY AND ~.X~InXT ¢,
CITY OF MARCO ISLAND
EXHIBIT
CITY OF NAPLES
10/95
CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNE~TION AREA)
Beginning at the ~orthwest corner of Section 16, Township 49 South,
Range 25 Eas~, thence east along the north line of said Section 16
to the north quarter corner of Section 16, also the northeast
corner of Government Lot One; thence south 00 degrees 4S minutes 40
seconds east for 30.00 feet to the northwest corner of Park Shore
Unit No. 4, said, point is also the southwest corner of Seagate
Drive and Craycon Road; thence along the platted boundary of said
Park Shore Unit N6. 4 in the following described courses: north 89
degrees 31 minuce~ 00 seconds east 336.83 feet; south 0 d~grees 39
minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 00
seconds east 330.00 feet; no=ch 00 degrees 39 minutes 10 seconds
west 660.00 feet to the south right of way line of Seagate Drive;
thence east along the south right of way line of Seagate Drive
1,866.98 fee~ to a point on the west right of way line of U.S. 41
(Tamiami Trail); said point being the southwest right of way corner
of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly
along the west right of way line of U.~. 41 (Tamiami Trail)
2,623.60 feet to a point on the east and west quarter section line
of Section 16, Township 49 South; Range 25 East; chance along the
east and west quarter section line of said Section 16, north 89
degrees 39 minutes 50 seconds east 150.00 feet to the east quarter
corner of said Section 16; thence along the east line of said
Section 16, south 0 degrees 24 minutes 40 seconds oast 2649.62 feet
uo thc northeas~ corner of Section 21, Township 49 South, Range 25
East; thence along the east line of said Section 21, South 0
degrees 43 minutes 30 seconds east 1069.33 feet to a point which
lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from
the northeast corner of LoW I of Block 22 of said plat of Park
Shore Unit No.3; thence at right angles to the west right-of-way
line of U.S. 41 (Tamia~ Trail), easterly 25.00 feet to the east
right-of-way line of U.S. 41; thence along the east right-of-way
line of U.S. 41, southerly 810.97 feet to =he northwest corner of
Block A, North Naples Highlands as recorded in Pla: Book 3, Page
12; thence south 89 degrees 43 minute~ east, 375.0 fee=; thence
south 135.32 feet; thence north 89 degrees 40 minutes 45 seconds
west, 22.53 feet to the beginning of a curve concave southeasterly,
113.23 ~eet (Chord - 112.72 feet, Radius 330 feet) to a curve,
concave northwesterly, 92.68 fee~ (Chord - 92.22 feet, Radius 270
feet); thence north 89 degrees 40 m/nu=es 45 seconds west, 150.31
feet to the east righ~ of way line of U.S. 41; thence south along
said ~&st right of way lin~ to the northwest corner of Tract "A",
1
RPR g '56 15:51 +1 813 434 4659 PRGE.OSZ
12C5
High Point subdivision; thence south 89 degrees 55 minutes 30
seconds east, 400.0 feet to the northeast corner of said Tract "A";
thence south 0 degrees 02 minutes 02 seconds west, 434.88 feet to
the north line of Rosemary Heights Addition; thence west along said
line to the northeast corner of Lo= 48, Rosemary Heights Addition;
thence south along the east line of said Lot 48 to thc southeast
corner of said Lot 48; thence west along the south line of Lots 48,
46, 44, ¢2, and 40 to the east right of way line of U.S. 41; thence
southerly 858.62 feet along said east right of way line of U.S. 41
to a point on the north line of Section 27, Township 49 South,
Range 25 East w~ich lies 24.88 feet east of the north-west corner
of said Section 27; thence along the north line of said Section 27,
east to %he no~theazt corner of the northwes~ quarter o~ said
Section 27; thence continuing along the north line of said Section
27, east 45 feet to the east right-of-way line of C-851 (also known
as Goodletta-Frank Road); thence along said east right-of-way line
of C-851 (also known as Goodlette-Frank Road), (which right-of-way
line lies 45 f~et east of, measured at right angles to, and
parallel with the north and south quarter section line of said
Section 27), to the north line of Lot 11, Naples Improvement
Company's Little Farms, Plat Book 2, Page 2; thencc east to the
east ~ection line of Section 27, Township 49 South, Range 25 East;
thence north along the east linc of said Section 27 to the
northeast corner of said Section 27; thence east along the north
line of Section 26, Township 49 South, Range 25 East to a point
990.0 feet west of the west right of way line of Airport Pulling
Road; thence south 01 degrees 30 minutes 00 seconds east, 1320.0
feet; thence north 89 degrees 25 minutes 40 seconds east, 660.0
feet: thence north 01 degrees 30 minutes 00 seconds west, 1320.0
feet to the north line of said Section 26; thence eas~ along said
north line of Section 26 to the wes~ right of way line of A/rport-
Pulling Road; thence southerly along the west right o~ way line of
said Airport-Pulling Road to the south line of said Section 26
(said right-of-way line lying 50 feet west of the southeast corner
of said Section 26); thence westerly along said south line to the
southwest corner of said Section 26; thence northerly along the
west line of said Section 26 to the southerly right-of-way line of
Golden Gate Parkway (100 feet wide); thence easterly along said
southerly right-of-way line to a point lying 1120.00 feet west of
the west line of said Airport P~lling Road; thence northerly
parallel with said west right-of-way line to the northerly right of
way line of said Golden Gate Parkway; thence westerly along the
north right of way of Golden Gate Parkway to a point 620 feet east
and 235.46 fee= south of the northwest corner of LOt 8, Naples
Improvement Company's Little Farms; thence north 235.46 feet to the
north line of Lot 8; thence west along said north line 620 feet to
the northwest corner of said Lot 8; thence southerly to that angle
point in said east right-of-way line which lies on a line 400.00
feet northerly of (measured at right angles to) and parallel with
the north line of Section 34, Township 49 South. Range 25 East;
thend~ continuing along said east right-of-way line to the north
2
APR ~ 'gB 16:5! +! 813 43A ~59 PAGE.003
line of Gordon River Homes Subdivision; thence east along the north
line of Lots 50, 49, and 48 to a point 22.5 feet east of the
northwest corner of Lot 48; thence south parallel to the west line
of Lot 48 %o the south line of Lot 48; thence west along the south
line of Lots 48, 49, and 50 to the east right of way line of
Goodlette-Frank Road; thence continuing along said east right-of-
way line, which line lies 100.0 feet east of, measured at right
angles to, and parallel with the north and south quarter section
line of said Section 34; thence continuing along ~aid east right-
of-way line to a,point on the north line of the southwest quarter
of the northeast quarter of Section 34, Township 49 South, Range 25
East; thence continue on said right of way line 460.0 feet; thence
north 89 degrees 41 minutes 30 seconds east 494.99 feet; thence
south 0 degrees 34 minutes 06 seconds east 615.88 feet to a point
of curvature; thence southwesterly 343.97 feet along the arc of a
tangential circular curve, concave to the northwest having a radius
of 243.97 feet and subtended by a chord which bears south 44
degrees 33 minutes 25 seconds west 345.84 feet: thence south 89
degrees 41 minute's 30 seconds west 250.0 feet to the easterly right
of way line of Goodlette-Frank Road; thence south along said right
of way line to a point 48.43 feet south of the north line of the
south half of Section 34, Township 49 South, Range 25 East; thence
north 89 degrees 56 minutes 59 seconds east 249.79 feet; thence
northeasterly 173.98 feet along the arc of a circular curve concave
to the northwest having a radius of 293.97 feet and being subtended
by a chord which bears north 72 degrees 59 minutes 41 seconds east
171.46 feet; thence south 89 degrees 47 minutes 31 seconds east
808.79 feet; thence north 89 degrees 55 minutes 05 seconds east
993.64 feet to a point on that bulkhead line as shown on Plat
recorded in Bulkhead Line Plat Book 1, Page 25, Collier County
Public Records, Collier County, Florida; thence run the following
courses along the said Bulkhead line, 47.27 feet along the arc of
a non-tangential circular cuz-ve concave to the west, having a
radius of 32.68 feet and subtended by a chord having a bearing of
south 14 degrees 08 minutes 50 seconds east and a length of 43.26
feet to a point of tangency; south 27 degrees 17 minutes 25 seconds
west for 202.44 feet to a point of curvature; 296.89 feet along the
arc of a curve concave to the southeast, having a radius o~ 679.46
feet and subtended by a chord having a bearing of south 14 degrees
46 minutes 21 seconds west and a length of 294.54 feet to a point
of reverse curvature; 157.10 feet along the arc of a curve concave
to the northwest, having a radius of 541.70 feet, and subtended by
a chord having a bearing of south 10 degrees 33 minutes 47 seconds
west and a length of 156.55 feet to a point of reverse curvature;
307.67 feet along the arc of a curve concave to the northeast;
having a radius of 278.30 feet, and subtended by a chord having a..
bearing of south 12 de,tees 47 minutes 59 seconds east and a length
of 292.24 feet to a point of reverse curvature; 135.31 feet along
the arc of a curve concave to the southwest, having a radius of
100.00._feet, and subtended by a chord having a bearing of south 05
degrees 42 minutes 27 seconds east and a length of 125.21 feet to
a point of tangency; thence south 33 degrees 03 minutes 21 seconds
west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds
west 1.93 feet to the north line of River Park East Subdivision
which is also the north line of the south half of the southeast
quarter of Section 34, Township 49 South, Range 25 East; thence
along the north line of the south half of the southeast quarter of
said Section 34, easterly to the west line of Section 35, Township
49 South, Range 25 East; thence along the west line of said Section
35, northerly 1320 feet more or less to the northwest corner of the
south half of said Section 35; thence along the north line of the
south half of sa~d Section 35, easterly to the west right-of-way
line of State Road No. 31 (Airport Road), which right-of-way line
lies 50.0 feet w~st of, measured at right angles to, and parallel
with the east line of said Section 35; thence along said right-of-
way line of State Road No. 31, south 00 degrees 13 minutes 57
seconds west 1800 feet more or less to a point on said west right-
of-way line, which lies north 00 degrees 13 minutes 57 seconds east
848.02 feet and ~outh 89 degrees 46 minutes 03 seconds west 50.00
feet from the 'southeast corner of said Section 35; thence
continuing along said west right-of-way line southerly 325.02 feet
along the arc of a tangential circular curwe concave to the east,
radius 2914.93 feet, subtended by a chord which bears south 2
degrees 57 minutes 43 seconds east 324.87 feet; thence continuing
along said west right-of-way line, tangentially south 6 degrees 09
minutes 22 seconds east 3.13 feet; thence southerly along a curve
concave to the southwest, having a central angle of 6 degrees 23
minutes 19 seconds and a radius of 1860.08 feet, a distance of
207.34 feet; thence south 0 degrees 13 minutes 57 seconds west
313.03 feet more or less to a point on the north line of and 20
feet west of the northeast corner of Section 2, Township 50 South,
Range 25 East; thence southeasterly, 300.7 feet more or less to a
point on the east line of said Section 2 which point lies 300.0
feet south of the northeast corner of said Section 2; thence along
the east line of the north half of said Section 2, southerly to the
southeast corner of the north half of said Section 2; thence along
the south line of the north half of said Section 2; westerly to the
northeasn corner of the southeast quarter of Section 3, Township 50
South, Range 25 East; thence southerly along the east line of the
southeast quarter of said Section 3, and along the east lines of
Sections 10, 15, 22, and 27, all in Township 50 South, Range 25
East, to the southeast corner of said Section 27, Township 50
South, Range 25 East; thence westerly along the south line of said
Section 27, Township 50 South, Range 25 East, and along the
westerly prolongation of said south line to a poin~ 1000 feet west
of the mean low water line of the Gulf of Mexico; thence northerly
along a line lying 1000 fee~ westerly of the meanders of the said
mean low water line to an intersection with the westerly-
prolongation of the north line of Section 16, Township 49 South,
Range 25 East; thence easterly along said westerly prolongation to
the p~ace of beginning, said land lying and being in Collier
County, Florida.
4
~P~ 2 '9~ 1~:53 +1 BI
Chapt=r 29066
HOUS£ ~LL NO. ~6~
Laws or Florida, Acts of 1953
An Act to Abolish the Char~er o£ the Town of Everglades,
in Collier County, Florida, and to Grant a Kew Charter for
the "City of Everglades" in Collier County Created tinder This
Act; to Define its Boundaries, Jurisdiction, Powers, Privileges
and immunities; to Confirm the Title to all City Property In-
cluding all Riparian and Foreshore Rights. the Title to All
The Tide Water and Other Lands and River ~ottoms; to Validate
all Taxes and Other Assessments and Levies Heretofore Fade;
to Preserve the Validity and Binding Force of All Debts,
Obligations and Liabilities of the Former Town of Everglades,
and to Continue the Same as tho Debts and Liabilities of the
City of Everglades Created by This Act, and to Preserve the
Validity and Bindin~ Force of All Credits and Assets of the
Former Tow~ of Everglades an~ to Continue the Same as the
Credits and Assets of the City of Everglades Created by This
Act; Fixing the Time Nhen This Act Skall Take Effect; and
Provide for the Election and Compensation of the City Officials
Authorized by This Act; Creatfn~ a ~nicipal Cou~ and DoftninE
its Powers and Jurfsdiction; Creat~n~ e ~nicipal Corporation
in the State of Florida to be Known as the City of Everglades.
and Grantin~ Unto i~ Specific and General Power and Authority
Incident an~ Necessa~ to the Running and Operation of a
~iclpal Corporation.
BE IT ENACTED BY THE LEGISLATU~ OF THE STATE OF FLORIDA:
Section 1. OLD CHARTER R[PEALED AND N~ CHARTER
That the presen~ Cha~eP of the To~ of Everglades,
in Collier County, Florida, and all laws amendatory there-
of be end the same are hereby repealed, and a municipal
Eover~en% be and is hereby created under the name of
"CITY OF E~RGLADES", in Collie~ County, Florida which
shall possess the territoPial limits and the po~ors and
dutfes herei~e~ set fo~h.
Section 2. BOUNDARIES.
The territorial limits of :he City of Everglades
c~eated unde~ this Act a~e hereby deffned as follows:
Beg[nnin~ a% :he No~hwes: corneP of the S~%heast
of the No~hwest guarteP of Section 11, Township 53 South,
~n~e 29 East, thence Easterly %o the No.haas% co.er
the West half of the Southwest quarter of the No~heast
quarter of said Section ll~ thence Southerly to %he South-
mas% corner of the West half of the Southwest qua~er of
%he Sou~heas~ quar:m~ of said Section ll; thence ~sterly
:o %he Nor:hess: cornec of ~he No~hwes~ qua~er of the
No~heast qua~er of Section l&, To.ship 5) South, of
~nEe 29 ~s%; %hence Southerly to the Southeast corner
of %ha No~hwes: gua~e~ of %he No~heas% gua~e~ of said
12C
Sect:~on 1L~ thence ~TesteF~y to the Northeast corner o~ ~he
West half of the Southwest qua~er o~ the No~heasc.qua~eP
of said Section l~; thence S~herly to thc Southeast
corner o;' the k/est hair or ~he No~hwest qua~er of ~he
S~utheast ~a~er of ~a~d ~ect$on ~i thence Westerly to
~n~ Northeast corner cr ~he S~theast qua~r or the So.th-
west ~a~er of sa~d Sectio~ 1~; thence Southerly to the
~o~theast co~eP o~ the lo~h hal~ or the ~outheast
Qu~tr o~ tht ~c~hwest qua~er o~ ~ect~on 23, To.ship
t~3 south~ ~n{t ~ ~st; thence ~tsterl~ to th~ ~outhwest
corner eL the Koch hair or said Southeast ~a~er or the
,No~h~st ~a~er ot Section 2~ thence ~o~ht~ly to the
~theast co.er o~ the No~hwest ~a~ir o~ the No.h-
west ~er o~ said Section 23; thence Westerly to the
S~thwest co.er or the No~hwst ~a~er or the ~o~h-
west qua~or or soid section 23; thence Westerly
,~o ~ha Southwes~ co.er of the Bas~ hal~ of ~he ~ou~heas~
qua~er or the ~outheaa~ qua~er or Section ~, To. ship
,~ Sou~h ~n{e 29 ~s~; ~honce ~o~herly ~o ~he No~h-.
~es~ co. or or ~he ~s~ halt or ~he ~o~heas~ qu~eP of
~ha ~heas~ qua~er or said ~ec~ion ~5; thcnce ~erly
~o ~he No~hoas~ corner or ~he Eas~ hair or ~hc Nor~h-
eas~ q~eP or ~he S~cheas~ qua~eP or said Section ~;
thence ~o~herly ~o ~he No~hwes~ corner or ~he Sou~hwes~
qua~e~ of ~ha Sou~h~esc ~a~e7 or Section 11. To.ship
~} Sou~ht ~nce 29 ~s~; ~hence ~s~ePiy co ~he Southwes~
corner or the ~o~heas~ ~arter or ~he Sou~hwes~ qua~eP
or said $~c~$on 1~; ~henca No~herIy ~o the poin~ or
be~innt~.
All as ~ho~n on plat or the Town or Everglades. recorded
tn Plat Book l, Pa&es 87 to 95, inclusive, Collier
County records and the City limits as shown :hereon.
EXHIBIT "C"
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ARTICLE II - CORPORATE LIMi'rs !
Section 2.01 Description of Corporate Limits.--The
following shall constitute the Corporate Limits of the City of-
Marco Island:
A Corporate Line lying offshore from Marco
Island, in portions of Township 52 South, Range
26 East, Collier County, Florida, which line is
described as follows: From the corner common to
Sections 17, 18, 19, and 20, Township 52 South,
Range 26 East, run Westerly along the line
common to said Sections 18 and 19 to a point
2,640 feet offshore in the Gulf of Mexico from
the Mean High Tide Line Section 18 and the
point of beginning. From said point of
beginning, rUn Southerly. 2,640 feet offshore
from the Mean High Tide Line of Marco Island,
past the Southerly point of said Island to the
mouth of Caxambas Pass, thence run
Northeasterly in the waters of Caxambas Pass to
the center line cf the channel of said Caxambas
- 1 -
12 3 ·,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ENROLLED
1997 Legislature
}LB 1729, First Engrossed
Pass; thence run Easterly along the centarline
6f the channel of Caxambas Pass, to a point
intersecting a marked channel running Northerly
towards Barfield Bay; thence run Northerly
along the centerline of said channel to a point
300 feet offshore in Barfield Bay from the Mean
High Tide Line of the Easterly end of lands
formerly known as J.M. Barfiald Subdivision,
thence run Northerly, Easterly, and Southerly,
300 feet offshore in Barfield Bay from the Mean
High Tide Line of Marco Island to intersection
with the centerline of Blue Hill Creek; thence
run Southeasterly along the centerline of Blue
Hill Creek to a point 300 feet offshore in Blue
Hill Bay from the Mean High Tide Line of Marco
Island; thence continue Northerly, Easterly,
and Southerly 300 feet offshore in Blue Hill
Bay from the Mean High Tide Line of Marco
Island to centerline of the aforementioned Blue
Hill Creek; thence run Northeasterly along ~he
centerlina of Blue Hill Creek, but to a p~in=
intersecting the line common to Range 26 Eas=
and Range 27 East, Township 52 South, Collier
County, Florida; 'thence run Northerly along the
line common to ~aid Range 26 and 27 but to a
point intersecting the centerline of the
channel of the Big Marco River, thence
Northerly, Northwesterly, and Westerly along
the cente~line of the aforementioned Big Marco
River and out through the marked Capri Pass,
being 2640 feet offshore from the Mean High
- 2 -
ENROLLED
1997 Legislature
12C
HB 1729, First Engrossed
Tide Line of Marco Island; thence run
'Southwesterly, Southerly and Southeasterly 2640
feet offshore from the Mean High Tide Line of
Marco Island to the point of Beginning lying
along the East-West line common to Sections 18
and 19, To~ship 52 South; Range 26 East.
- 3 -
Dwight E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
P,O, BOX 413G44
N~ I~ 34101-3044
12C}
CIRCUIT COURT
COUNTY COUR1~
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSIONER~
December 18, 1997
Abe Skinner
Collier County Property Appraiser
3301 E. Tamiami Trail
Naples, FL 34112
Re: Resolution 97-480
Dear Sir:
Enclosed herewith is a certified cody of
Resolution, approved by the Board of County Cormnissioners
Collier County, Florida, on December 16, 1997.
Very truly yours,
DWIGHT E. BROCK, CLERK
~~ehne, Deputy Clerk Enclosure
the above referenced
of
Dwight E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
lOJ~tl~, ~ 34101-30~
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSIONERS
December 18, 1997
Guy Carlton
Collier County Tax Collector
3301 E. Tamiami Trail
Naples, FL 34112
Re: Resolution 97-480
Dear Sir:
Enclosed herewith is a certified copy of the above referenced
Resolution, approved by the Board of County Commissioners of
Collier County, Florida, on December 16, 1997.
Very truly yours,
DWIGHT E. BROCK, CLERK
~uty Clerk
Enclosure
Dwight E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
CO~J~ ~ C~
NAPT~ FLORtOA 34101-3044
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD Of:
COUNTY COMMISSIONERS
December 18, 1997
State of Florida
Department of Revenue
3900 Commonwealth Blvd.
Tallahassee, FL 32303
Re: Resolution 97-480
Dear Sir:
Enclosed herewith is a certified copy of the above referenced
Resolution, approved by the Board of County Commissioners of
Collier County, Florida, on December 16, 1997.
Very truly yours.
DWIGHT E. BROCK, CLERK
Clerk
~(~~ne, Deputy
Enclosure
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL. ADVERTISING OF PUBLIC tiEARINGS
To: Clerk to the Board: Please place the following aa a:
XXX Normal legal Advcrtiscment
(Display Adv.. location, etc.)
[] Other:
15A"l
Comm. Dcv. Serv./Plarming Person:,,~,/,"~,~__~ Date: /~'/~' Q"'"~-
Originating DeptY Div:
Petition No. (ff none, give: brief description): ~W-97-I
Petitioner: (Name & Address): D. Ashton Enter~rise~. Incorooratcd. 1361 Aimort Road North. Naoles. 1~ ~4104
Name & Address of any per,on(s) to be notified by Clerk's Office: (If mom space is needed, attach separate sheet) Randy Sevler,
1046 Pine Rid2e Road, Naoles. Florida ~4108
Heating bcfor~ BCC XXX BZA Other
Req.=,ed da,e: / 6 o..dve . en,.ppcaring days
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily New~ Other [] Legally Required
~ TC.xt: (Include.legal d .cs~iption & com~. on !ocation & $i~: Petition No. AW-97-1. Randv Styler rct)reenting D.
alco~_ ~s. Incort~ra~:reo.uesl,.nz 250 foot wa?er from the m,m. mu_m. required se~.ration of $00 feet betv,~a ul___.~e~__ ~cvina
lc ocvera~es anna churches Ior a restaurant lOCated at 1046 Pine Ridge Road w~th a r~ultine 250 foot se~tation di~tance.~L~
Companion petition(s), ffany & proposed hearing date'
Does Petition Fee incluch: a~vertising co~t? [] Yes [] No if Yes. what account should be charged for advertising costs:
Division Head Date
List Attachments:
County Manager Date
I){$TRmUTION ~$TRUCTION$
For bearings before BCC or BZA: Initiating person to complete one coy and obtain Di~4sloa Head appro~l before
submitting to County Manager. Note: If legal document Is Involved, be sure that any necen_~ry legal review, or reqne~
for s~ne, is submitted to County Attorney before submitting to County Manager. The Manager's office will di~ribate
copies:
[] County Manager agenda file: to
Clerk's Office
[] Reque.xtiug Division
[] Original
B. Other heafing~: Initiating Divi,'ion head to approv~ ar~ submit original to Clerk's Office, retaining a copy for file..
FOR CLERK'S OFFICE USE ONLY:
bar, Received: //-~-~7 Da~ofPublichcafing:/z~-1~'":/7 11- o- 17
PIX
II!111111111111111111111111111111111111111111111111111111111111'
1
3~
ITr~NSm T ~SCO~DI
ID: COI_LIE~ CO
I,,10u-21-'9'? I:'RI 10:43
P-~
NO. DATE ST. T I ME TOTAL T I ME ABBR I D STATUS ~PGS DEPT CODE COfflM. COI~
4E~ 11-2~ 12:22 ~ 83' I~9 926.34~ OK 5 ~11
4~ 11-~ 14:47 ~'~1 9~ ~ 4 ___ 11
:~9. 11-~ 15:19
:4~.( '11-21~ 18:41
TOT~ ~ 23
13A
November 21, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to consider Petition AW-97-1
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
November 30, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
~~. Kuehne, Deputy Clerk
Purchase Order #800551
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on TUESDAY, DECEMBER 16,
1997, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M. The Board will consider Petition
AW-97-1, Randy Seyler representing D. Ashton Enterprises, Incorporated,
requesting 250 foot waiver from the minimum required separation of 500
feet between places serving alcoholic beverages and churches for a
restaurant located at 1046 Pine Ridge Road with a resulting 250 foot
separation distance further described as: Lot 51, Naples Improvement
Company's Little Farms, as recorded in Plat Book 1, Page 2, of the
Public Records of Collier County, Florida.
Ail interested parties are invited to attend, to register to speak and
to submit their objections, if any, in writing, to the Board prior to
the public hearing.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto, and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
BOARD OF COUNTY CO~{MISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Jody S. Kuehne,
Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
NAPLES, ~C)~IC~ 34101-3O44
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISSlONER~
November 21, 1997
Randy Seyler
1046 Pine Ridge Road
Naples, FL 34108
Re: Notice of Intent to consider Petition AW-97-1
Dear Petitioner:
1
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 16,1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
30, 1997.
You are invited toattend this public hearing.
Sincerely,
uehne, Deputy Clerk
Encl.
Dwlfht E. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
N~etn, R.OI~OA 34101.3044
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMISS1ONER~
November 21, 1997
D.Ashton Enterprises, Inc.
1361 Airport Road North
NaDles, FL 34104
Re: Notice of Intent to consider Petition AW-97-1
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Comissioners on Tuesday, December 16,1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the NaDles Daily News on Sunday, November
30, 1997.
You are invited to attend this public hearing.
Sincerely,
uehne, Deputy Clerk
Encl.
RESOLUTION NO. 97-
RELATING TO PETITION NUMBER AW-97-1 FOR
A WAIVER OF A PORTION OF THE SEPARATION
REQUIREMENT BETWEEN AN ESTABLISHMENT
WHICH SELLS ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES AND A CHURCH FOR
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power
to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ord. No. 91-102) which establishes regulations for
the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County empowers the Board of Zoning
Appeals to hear requests to waive the minimum separation requirement
between establishments serving alcoholic beverages for consumption on
premises and an established church, and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County further provides the criteria by
which said evaluation to waive all or part of the minimum distance
requirement shall be made; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of granting the waiver of separation
requirement for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations
and in accordance with Section 2.6.10.3 of the Land Development Code
for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given an opportunity to
be heard by this Board in public meeting assembled and the Board
having considered all matters presented;
-1-
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition AW-97-1 represented by Randy Seyler, on behalf of
Ashton Enterprises, Incorporated, with respect to the property
hereinafter described as:
Lot 51, Naples Improvement Company's Little Farms, as
recorded in Plat Book 1, Page 2, of the Public Records of
Collier County, Florida.
be and the same hereby is approved for a waiver of 250 feet from the
minimum separation requirement of 500 feet between the above described
property and the lot on which the nearest established church is
located, with a resulting required minimum separation requirement of
250 feet.
BE IT RESOLVED that this Resolution relating to Petition Number
AW-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJO~/E M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/AW-97-! resolution
-2-
Nmp~es, FL 33940
AfftdeY~t of
BOARD OF COUNTY COflflISSZC~IERS
ATTN: NANCY SALOGU~
PO BOX &13016
NAPLES FL 3&101-3016
REFERENCE: 001230
County of CoLLier
Before the undersigned eut~orJty,
appeared B. Lamb, ~ ee oath ~ay~
as the AssJstmt Corporate ~ret.~ o~ t~ ~L~
DaiLy g~s, . ~tLy ~r ~Lt~
~n ~LLter C=ty, FL~J~: t~t t~ atta~
Affect furt~r ~l tMt ~ MSd ~L~ ~tty
~LL~en ~ty, FLor~, ~ tMt t~ ~?d
~l~r MI Mret~ ~ ~tt~Ly
~tt~ tn Mtd ~LLter ~
rotter it t~ ~t offtce ~fl ~tfl,
CoLLier ~, FLorJ~, f~ ·
~xt prec~t~ t~ ftrst ~LJ~m
Ittlc~ ~ Of ~tJ~t;
furt~r Ks tMt ~ ~ ~1~
~ttcatt~ ~n t~ ~td ~.
PU~LZSHEO ON: 11~
AD SPACE: 66.~C) INCH
FZLED ON: 11/'~C)/9T
Signature of Affl~t ~ ' ~
S~rn to ~ S~scrt~ ~fo~ ~ this
,'~
RESOLUTION NO. 97- 45!
RELATING TO PETITION NUMBER AW-97-1 FOR
A WAIVER OF A PORTION OF THE SEPARATION
REQUIREMENT BETWEEN AN ESTABLISHMENT
WHICH SELLS A~COHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES AND A CHURCH FOR
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power
to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the public~ and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ord. No. 91-102) which establishes regulations for
the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County empowers the Board of Zoning
Appeals to hear requests to waive the minimum separation requirement
between establishments serving alcoholic beverages for consumption on
premises and an established church, and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County further provides the criteria by
which said evaluation t° waive all or part of the minimum distance
requirement shall be made; and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of granting the waiver of separation
requirement for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been
made concerning all applicable matters rec~ired by said regulations
and in accordance with Section 2.6.10.3 of the Land Development Code
~or the unincorporated area of Collier County~ and
WHEREAS, all interested parties have been given an opportuni~y to
be heard by this Board in public meeting assen~led and the Board
having considered all matters presented~
-1o
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition AW-97-1 represented by Randy Seyler, on behalf of
Ashton Enterprises, Incorporated, with respect to the property
hereinafter described as:
Lot 51, Naples Improvement Company's Little Farms, as
recorded in Plat Book 1, Page 2, of the Public Records of
Collier County, Florida.
be and the same hereby is approved for a waiver of 250 feet from the
minimum separation requirement of 500 feet between the above described
property and the lot on which the nearest established church is
located, with a resulting required minimum separation requirement of
250 feet.
BE IT RESOLVED that this Resolution relating to Petition Number
AW-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~/~. day of ~~-/, 1997
n..~?ST..~ . ,~..._.: ,~', ~' · BOARD OF ZONING APP~S
~'~T,~%;~K.~CLERK-- COLLIER COUNTY, ~ORIDA
~'~., ,',~..~.X* .. /
APPROVE~ AB'* TO FO~ AND LEGAL SUFFICIENCY:
~RJO~E M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/AW-97-1 resolution
-2-
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN THE ORCHARDS, RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPTING THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO BE
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioner~ of Collier County, Florida, on January
18, 1994 approved the plat of The Orchards for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage, water
and sewer improvements in accordance with the approved plans and specifications and as
required by the Land Development Code (Collier County Ordinance No. 91-102, as wnended);
and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and
WHEREAS, the developer has now requested final acceptance of the roadway, drainage,
water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services Department
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainab~e, water and sewer improvements in The Orchards, and authorize the
Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, ~cond and majority vote favoring same.
DATE:
ATTEST:
DWIGHT E, BROCK, CLERK
Approved as to form and legal
sufficiency:
H~[~li F. Ashton
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1~IMOT!~LThAN(~OCK, CHAIRMAN
~QUEST FOlK L~GJJ. ~y~TSSING OF PLEI.~C
Coml~io~ petition(s), if any, · I~q:x:4ed heirJng Cimte:~
for ~ertisi~ costs= 113-~312-649100 P.O.~'
A. For heari~s ~f~ ~ ~ ~: InJtlzti~ ~ to ~ete ~ ~ ~ ~tmin Oivlsim He~ ~at ~f~e .-
f~t f~ s~. il ~ lo ~T~ ktt~Tef ~fn ~--~l~)m to ~-~ ~' The ~'s Office
distri~e c~i~:
16A
III111111111111111111111111111111111111111111111111111111111111'
,iii1111111111111111111111111111111111111111i!11111111111111111
TOT~&. ~ 93
T.O C~L~/ON:
1~01~ ' HO %
coll,.m: co~nC'¥
(813) 77&-e4oe ,
(8].3) 774-8606
December 4, 1997
Ms. Judith Flanagan
NaDles Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition AV-97-022
Dear Judi:
Please advertise the above referenced notice one time on
Monday, December 8, 1997 and again on Monday, December 15,
1997.
Kindly send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Maueen Kenyon, Deputy Clerk
Purchase Order #800551
PUBLIC NOTICE
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on December 16r 1997 in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida. The
meeting will begin at 9:00 A.M.
On December 16, 1997, the Board of County Commissioners will
consider a Resolution to vacate a portion of the recorded plat of
"Autumn Woods Unit One", and approve for recording the final plat of
"Autumn Woods Unit Two". This item is scheduled to appear on the
Consent Agenda as a "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF
AUTUMN WOODS UNIT TWO, AND APPROVE THE VACATION OF A PORTION OF AUTUMN
WOODS UNIT ONE PLAT, PETITION AV-97-022"
Persons wishing further information, or to have the item removed
from the Consent Agenda and placed on the Regular Agenda should contact
the Planning Services Section of the Community Development and
Environmental Services Division of Collier County Government at
403-2400.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HA/~COCK, CHAIR/WOkN
DWIGHT E. BROCK, CLERK
By: /s/Maureen Kenyon, Deputy Clerk
( SEAL )
· 16A 2
PUBLIC NOTICE
On December 16, 1997, the Board of County Comrrfissloners will consider a Resolution to vacate a
portion of the recorded plat of' "Autumn Woods Unit One", and approve for recording the final plat
of"Autumn Woods Unit Two". The item is scheduled to appear on the Consent Agenda as
"REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF AUTUMN WOODS
UNIT TWO, AND APPROVE THE VACATION OF A PORTION OF THE AUTUMN WOODS
lIN'IT ONE PLAT, PETITION AV-97-022". Persons wishing further inforrnat{on, or to have the
item removed from the Consent Agenda and placed, on the Regular Agenda should contact the
Planning Services Section of t Co~ Development and Environmental Services Division of
Collier County Government at ~~
'i ...... -- .................... 3 · EE ACCEPTANCE OF AY/I~ WOODS U. I~
AS A~ ~ou~ ~-~ , T
~~ , . ~ Count~ co~i~sioners of Collier C~uv.~y,
...... ~:~J~'~=":~--"~"" ~2 Florida, on April 22, 19~, approv=~ ~,.- ~-
~;~<~ ~ '-~ X) ~EREAS, Centex Eomes is replatting a portion of TraCu L3
I6 (drainage easement) and has filed for a replat o~ said land~I and
..... -v-:"~{~-."'.(~.3 ~ <.% '.' ~7
~, .... ,'?~ ~..: · .... ~ ~HEREAS, except as 9rovide~ for in this Resolution, this
~,f.~....: ,.. .',": . ~ ig contained in
[~~.,.~,~.'~'~ ,9 does not extinguish or in an'ay affect the dadicati°ns
the previous plat ot th~se landsl and
. . 20
'"'t~n~t~:~"" ...... '"" "'" = 22 ~ER~S. Cea=ex Eomes desires to vacate a portion of
~ 23 previously recorded plat an described tn E~b~t A~ and
25 ~EREAS, this parcel, the approved pla~ of Autu~ Woods Unt~
~,. . ~ 26 Two, is a part o~ a previously approved and recorded plat, Au=u~
~ 27 Woods Unit One, and the filing and r~cording of this approved plat
~ ' '~ 2~ shall not affect access to lots previously conveyed under the AutUmn
29 woods Unit One plat.
30
31 NOW, ~E~FO~, BE IT ~SOL~D ~ O~ERED BY ~ EO~ OF
33 Autu~ Woods Unit ~, a part of a previously approved and recorded
34 plat, Autumn Woods Unit One, is hereby approyea for recording and the
3~ dedications contained on the plat of Autu~ W~ds Unit ~o are here'~
~" : 36 accepted, and tho~e Xand~ dascribad in ~tbt~ ~ ar~ her~by
--~:-~.:~ 39 . ~'~ -SOL~D ~ ORDERED tha~ the C!~rk of the
BE IT ~xn-.. ~ ' . ' ' on u=on the
a0 o~ .... ~t Court shall ~ke proper notatxon ot ~hm~=,~c,~__~... a-~ a
~2 prevXOUS pza~ ~t'~ -' .... ---. ...... ~,,~n in the O~lciax ~:~ru~
~3 certified copy O: the vaca~xu~ ~=
~ Collier County.
This Resolu~-ion adopted after motion, second and majority vo%e
~7 favoring same.
~ .Z~.. ..-- '"
-- - -~ .... ~"'"" "~'" '-'~ ...... ' 50 DATED:
~ ~ ~ 5~ A~EST:
52 BO~ OF CO~Y CO~iSSi:~KS
5~ DWIGE~ E. BR~K, CLE~.K
56 By:
57 TIMOT~ L. b~CCCi'2
62 Approved as tO form, and legal
.... 63 sufficienCY: ,
~ ....................... ~ , d ',' '%"---~-,
66 ~exdi Fi' A§hton'
.......... ' .... 67 Assistant Collier Cou~nty Attorney
69
DwiQ~ht K. Brock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
KX K~X d130~
16A"2
CIRCUIT COURT
COUNTY COURT
COUNTY RECORDER
CLERK BOARD OF
COUNTY COMMI~IONER~
December 5, 1997
Centex Homes
Wilson, Miller
3200 Airport Road
Naples, Fl. 34105
Re: Public Hearing to Consider Petition AV-97-022
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 16, 1997, as indicated on the enclosed notice. The
~egal notice pert&ining to this petition will be publishe~ in
the Naples Daily News on Monday, December 8, 1997 and again on
Monday, December 15, 1997.
You are invited to attend this public hearing.
~aureen Kenyo~n, Deputy Clerk
Enclosure
16A 2
RESOLUTION NO. 97_~
RESOLUTION AUTHORIZING THE ACCEPTANCE OF AUTUMN WOODS UNIT
TWO A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT
KNOWN AS AUTUMN WOODS UNIT ONE, AND AUTHORIZING THE
VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF
AUTUMN WOODS UNIT ONE ACCORDING TO THE ATTACHED LEGAL
DESCRIPTION, PETITION AV- 97-022
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on April 22, 1997, approved the plat of Autumn Woods Unit One
for recording; and
WHEREAS, Centex Homes is replatting a portion of Tract L3
(drainage easement) and has filed for a replat of said lands; and
WHEREAS, except as provided for in this Resolution, this replat
does not extinguish or in anyway affect the dedications contained in
the previous plat of these lands; and
WHEREAS, Centex Homes desires to vacate a portion of the
previously recorded plat as described in Exhibit A; and
WHEREAS, this parcel, the approved plat of Autumn Woods Unit
Two, is a part of a previously approved and recorded plat, Autumn
Woods Unit One, and the filing and recording of this approved plat
shall not affect access to lots previously conveyed under the Autumn
Woods Unit One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNT%f, FLORIDA, that the plat of
Autumn Woods Unit Two, a part of a previously approved and recorded
plat, Autumn Woods Unit One, is hereby approved for recording and the
dedications contained on the plat of Autumn Woods Unit Two are hereby
accepted, and those lands described in Exhibit A are hereby vacated.
Said vacation shall become effective upon recordation of the subject
plat.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the
Circuit Court shall make proper notation of this action upon the
previous plat and record a certified copy of this replat and a
certified copy of the vacation resolution in the Official Records of
Collier County.
This Resolution adopted after motion, second and majority vote
favoring same.
DATED: ~/~/ tf~
ATTEST :..~ ~ ~/ij -.
~:,.' ,,'.',--,.:'... U/
DWIOHT ~. BROOK. 'CLERK
Approved as to form and legal
sufficiency:
Heidf--F. ~shtdn
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
TIMOTHY L. HANCOCK
CHAIRMAN
2259844 OR: 2372 PG: 2339
IICO~DID ID O[[IClIL IlCOID$ o! CO~&lll C01DII~,
12/18/~7 at 11:~3~ D~IGII~ I. HOCl, CLllI
CO, IlS
letn:
C~lil TO TBI ~OARD
IrfllOr~ICl 4TH
Il! 7210
-- /
PERFORMANCE BOND 2
1..6A
BOND NO: 5921790
KNOW ALL PERSOI~IS BY THESE PRESENTS: That
CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109,
(hereinafter referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA. 2200
Ross Avenue. Suite 3300. Dallas, TX 75201 (hereinafter referred to as "Surety") ara held and firmly
bound unto Collier County, Florida (hereinafter referred to as "County"}, in the total aggregate sum
of Five hundred three thousand, nine hundred eh3htv-four dollars and NineS-one Cenv
{~503.984.~11) of which in the lawful money of the United States, for the payment of which sum
well and truly to be paid, wa bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or
plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has. submitted for
approval by the Board a certain subdivision plat named Autumn Woods, Unit 2jmd that certain
subdivision shall include specific Improvements which are required by Collier County Ordin~-~,as
and Resolutions (hereinafter 'Land Development Regulations'). Th~ obliga6on of the Surety shall
commence on the date th~s Bond ~ executed and shall continue until the date of final acceptance
by the Board of County Comm[ssloners of the specific improvements d~sc~ibed ~n the Land
Development Regulations (hereinafter the 'Guaranty Period').
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform Its obligatlon~ and duties
in accordance with the Land Development Regulations during the guaranty pe¢iod e~tablished by
the County, end the Owner shall satisfy NI claims an<l demands incurred and shall fully i~demnffy
and save harmlese the County from and against all costs and damages which it may suffer by
reason of Owner's failure to do eo, end shall reimburse and repay the County ali outlay and
expense which the County may incur in making good erly default, then this obligation sha~l be voE:l,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, add,on or deletion to the proposed
improvements shall in any way affect its obligation on this Bond, and it does hereby wa'rye notice
of any such change, extension of time, etteration, addition or deletion to the proposed specific
improvements.
Performance Bond
Page 2.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term 'Amendment", wherever used in this Bond, and whether
CENTEX HOMES, a Nevada General Partnership
referring to this Bond, or other documents shall include any alteration, addition or modification of
any character whatsoever.
SiG'YED, SEA,ED AND DE
THE PRESENCE OF:
By: Centex Real Eatate Corporation, a Nevada
ts;anaging General Partner
By: !44/1, .[/I,~ k
TIMOTHY J. RUI=MLER
Division President
SIGNED, SEALED AND DELIVERED IN
(Print Name)
(Print Name)
State of Florida
Collier, SS
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgrner~,
personally appeared, Timothy J. Ruemler, Division Preaident of Centex Real Estate Corporation, Managing
General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnemhip. He il personally
known to me and did not take an oath.
SIGNED, SEALED AND DEMVERED IN
THE PRESENCE OF:
ISlgnature)
(Pfi.'nt Name)
(Signature)
~ Name)
(Print Name)
Attorney-tn-fact
~r]'tle)
State of Texas
County of Dallas
On this 24th
day of
A11,yson Dean
November
of SAFECO INSURANCE COMPANY OF /LqERICA
,19 97 - before me personally appeared
, known to ma to be the Attorney-in-Fact
, the.c°rporadon tha~ executed the within
instrumem, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, et my off~e in the
aforesaid county, the day and year in this certificate first wrkten ~x3v(t.
~ Comnliss~on Explrss: I0-g-98
~RSIGilED BY:
LZ-CEN~£1)'R~'S~D£NT kG~NT "-~
KNOw AiL BY THESE PRESENTS:
~ SAFECO INSURANCE COMPANY
· ~'ocx'attoc~. doer each hereby
POWER
04: ATTORI~'Y
6065
OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, eech· W~d~ington
EDDIE MONTEITH; ALLYSON DEAN; SUZANNE HESS; Del les, Texas""""""'"""
Attorrmy are Itiii In full force and effect.
~'~_;:IN WIll, SS WHEREOF, I have hereunto set my hind and ·ffixed the facsimile seal of said corporation
,~' R. A. Plerlon. Storltary of SAFECO II~ANCE COMPANY OF AMERICA md of OEI~ INSUK/LNCE COMPAI~ OF ~
:::~.~do~"*" hereby oertify that tho forngoing extracta of the By-Laws and of · Resolution of the Board of Directors of these c~~ mdnd
'~ibf · Powm' of Attorney issued pur~t thor·to, are true md correct, md that both the By-Laws. the Risolution md the Power of
a~l and lawful attomey<s)-in-fact, with full ~uth~i~ to extoute on it~ behalf fidelity md ~urety I~ or ~z.~le~-taklng~ md ~
:?~10~ of · similar character issued in the oourse of ItS business, md to bJncl the rls~ cofl'Gl~ thereby.
:~.!~, ~ md ~ these Ix'esents
CEFrTIFlCATE
Extract from the By-Lswl of SAFECO INSURANCE COMPANY OF AMERICA
md of GENERAL INSURANCE COMPANY OF AMERICA:
~,%~Arfl~lt V. Section 13. - FIDELITY ANO SURETY BONDS . . . the President. any Viol Prelident. the Sloretary. md ~ Assistant ~
~*~.Prllident appointed for that purpose by the offi0ar in charge of surety operations. Ihall each have authority to appoint imJtvtcludl Il
I:ittomlyl-in-fact or under other appropriate titles with ~Jthortty to ·xeoutl on behalf of the complly fidelity md lUl'~ty borlds md
'?::Other documents of similar character issued by the company in the course of its business ... On any instrument rnakif~g or Mdltolng
~.:lt~.h appointment, the llgnatures mW be affixed by facsimile, On m'ry in~rurnent conferring such ~uthority or off any bored or urtdlrtlklng
the company, the leal. or · facsimile thereof, may bt impresled or ·ffixed or in any other manner reproduced; p~ovtded, however,
i~:~t~lt the seal ihall not be necessary to the validity of any luoh inslzument or undertakir~'
Extract from · Resolution of the Board of DIreotom of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA ~:lopted July 28. 1970.
any certificate exlcuted by the Secretary or an a~·i/tant ·eorltary of the Company letting out.
(i) The provlsione of Article V. Section 13 of the By-Laws. md
(ii) A copy of the power-of-attorney appointment, txeouted purluant thereto, and
(iii) Certifying that ~ald power-of-attorney appointment ti Iff full forcl and effect. ·
Itgn/turl of the certifying officer may be by facsimile, end the leal of ~e Company may be · fa~llmill thereof.
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRHCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this /~..~(. day of ~ , 19Z~ between CENTEX HOMES, a Nevada
General Partnership authorized to transact business in the State of Florida, hereinafter referred to as
"Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as
the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as: AUTUMN WOODS UNIT 2,
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements,
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to be constructed: A certain plat of a subdivision to be
known as "Autumn Woods Unit 2', with all infrastructure improvements,
including potable water system, sanitary sewer system, storm drainage system,
roadway system and landscaping consistent with VVMBP Projec -~, Sheets
I through 14. The required improvements will be constructed within eighteen
(18) months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security
(attached hereto as Exhibit "A" and by reference made a part hereof} in the
amount of $503.984,91 which amount represents 110% of the estimated cost
to complete the required improvements at the date of this Agreement.
In the event of default by the Developer, or failure of the Developer to complete
such improvements within the time required by the Land Development Code,
Collier County may call upon the subdivision performance security to insure
satisfactory completion of the required improvements.
The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer, along with the final project
records, have been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County Land Development Code.
c:~...~a~woodmVmndev2.cod
~ollier' ~:ounty Land Development Code
The Development Services Director shall, within sixty {60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of
his preliminary approval of the improvements; or b) notify the Developer in writing
of his refusal to approve improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Director's approval of the
improvements. However, in no event shall the Development Services Director
refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this
Agreement.
The Developer shall maintain all required improvements for a minimum period of
one (1) year after preliminary approval by the Development Services Director.
After the one-year maintenance period by the Developer has terminated, the
Developer shall petition the Development Services Director to inspect the required
improvements. The Development Services Director, or his designee, shall inspect
the improvements and, if found to be still in compliance with the Collier County
Land Development Code as reflected by final approval by the Board, the Board
shall release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by
the County.
Six (6) months after the execution of this Agreement and once within every six
{6) months thereafter, the Developer may request the Development Services
Director to reduce the dollar amount of the subdivision performance security on
the basis of work complete. Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer, together with the project
records necessary for review by the Development Services Director. The
Development Services Director may grant the request for a reduction in the
amount of the subdivision performance security for the improvements completed
as of the date of the request.
In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call
upon the subdivision performance security to secure satisfactory completion,
repair and maintenance of the required improvements. The Board shall have the
right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
Page 2.
~:ollier'(~ounty Land Development Code
Page 3.
IN WITNESS WHEREOF, the Board and the Developer have caused t~S Agree. m.en.t to.be executed by
their duly authorized representatives this /~3C, day of ~ ,
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
Printed or Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
CENTEX HOMES, a Nevada General Partnership
By: Centex Real Estate Corporation, a Nevada
~~ng General Partner
By:
TlUb'~H~ J. RUEMLER
Division President
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments,
personally appeared, Timothy J, Ruemler, Division President of Centex Real Estate Corporation, Managing
General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this [2th
day of
c:~...~a~ woOds~landev 2.cod
(~ollier't'and Development Code
WITNESS:
Signature~X~ J
Approved as to form and legal sufficiency:
ounty Attorney
]6A2
Page 4,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
'I:IMOTHY~. HAN(~C)-C'K. Cl~airman /,,,9./,,,/~/~
ATTACHHENT D
PETITION TO VACATE. AVANDON. DISCONTINUE. OR CLOS~.~
o
16A2-.
Date Received:
Petition NO:
Address: Telephone:
City/State: N~P~6%! /~L, , Zip Code:
Agent: ~'~0~, ~a6~/,~.~m~r~A/ ~ ~~ /~.
Address: ~~lLg~ &m. ~Uz~ ~ Telephone:
Location: Section /Ig::~ Township 4'~ Range ~:-~'
Subdivision: ~x~UT'~/V' ~Z~.~ (./A~xx.7'z~/~z(?
PlaC Book 2~ Pase(s) ZT- ~
Reason for Request:
Cdrr~nt Zoning: _ ~U,~ Does ~hi~affec~ density?
I Hereby ARthorize Agent Above to Represent for this Petition:
/~. -lYes ~ No He
S~a~ure Da~e
Printed Ti=lc
Please see "Policy and Procedure of Vacation and Annulment" for the list of
supportive materials which must accompany this petition, and deliver or mail to:
Transportation Services Division
Collier County Government Complex
Naples, Fla. 33962
Telephone: (9~1)
*(1) If applicant is a land trust, so indicate and name beneficiaries.
(2) If applicant is corporation other than a public corporation, so indicate
and name officers and major stockholders.
(3) If applicant is a partnership, limited partnership or other business
entity, so indicate and name proincipals.
(~) If applicant is an o~-ner, indicate exactly as recorded, and list all other
.... o~mers, if any. I
J":~. (5) If applicant is a lessee, attach a copy of lease, and indicate actual
RESOLUTION NO, 9'/-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA
AUTHORIZING TIlE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES,
WATER IMPACT FEES, SEWER IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT
FEES, AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR SADDLEBROOK/PELICAN POINTE
PHASE I, A 140 UNIT AFFORDABLE RENTAL tlOUSING
PROJECT.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low. and very Iow income households in Collier County and
the need for creative and innovaw, e programs lo assist in the provision of such housing by
including several provisions in the Collier County Growth Management Plan. including:
objective I.a. policy 1.4. I. objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4. policy 1
policy 1.5.6; object 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3.
policy 2.1.5. and policy 2.1.6 of the Housing Element; and
WHEREAS. CEl/Kensington, Ltd., a Florida Limited Partnership. will undertake the
development of Saddlebrook/Pelican Pointe Phase I Apartments, a one hundred and forty
(la0) unit affordable rental housing community on a site located in Collier County, Florida, of
which CEl/Kcnsington, Ltd. is owner;, and
WHEREAS, on November 28, 1997, an application was filed with the County
AdministraTor for Ihe deferral of Collier County impact fees for the Saddlebrook/Pelican
Pointe Phase I project consistent with the requirements of the County impact fee ordinances:
and
WHEREAS, in accordance with Section 3.4 of the Library System Impact Fee Ordinance.
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.(~4 of the Road Impact
Fee Ordinance. Ordinance No. 92-22, a.~ amended; Collier County Ordinance No. 9o-86. as
amended, the Collier County Water System Impact Fee Ordinance; Collier County Ordinance
No. 90-87, as amended, the Collier County Sewer System Impact Fee Ordinance; Section
3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71,
as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance,
Ordinance No. 92-33, as amended, an applicant may obtain n deferral of one hundred percent
(10(PA) of impac~ fees for a period of six (6) years by qualifying for said deferral; and
WHEREAS, Saddlebrook/Pelican Point Phase I has qualified for an impact fee
deferral based upon the following repr~entatiotts made by CEl/Kensington, Ltd.
A. The Dwelling Unit shall be the permanent r~ideoce of the occupant/tenant.
B. The household renting the Dwelling Unit must have a very Iow or Iow income
level, at the commencement of thc leasehold and duration thereof, as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the
monthly rent must be within the affordable housing guidelines established in the
Appendices to the rt~aective Impact Fee Ordinances.
C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the
date the certificate of occupancy wa, i~ued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLIN'FY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I. The Board of County Commi~sionem hereby authorized the deferral by Collier County of
the following impact feca in the amount~ listed below for th~ one hundred and forty (140)
affordable housing units to be develops! by eEl/Kensington, Ltd. on the Saddlebmok
Village PUD site R-90-6, as identified in Exhibit "A":
A. Library System Impact Fees $ 180.52 S 25.272.80
B. Road Impact Fees 935.00 130,900.00
C. Parks & Recreation Impact Fees:
Community Parka 399.00 55,860.00
Regional Parka 179.00 25,060.00
D. Emergency Services Impact Fees 2.00 280.00
E. School Impact Fees 827.00 115,780.00
F. Water lmpact Fees 900.00 126,000.00
G. Sewer Impact Fees 1340.00 187.600.00
TOTAL IMPACT FEES TO BE DEFERRED $4,762.52 $666,752.80
Deferral of said impact fees is subject to and contingent upon execution and recordation of
an Agreement for Deferral of Collier County Impact Fees which shall be entered into
belween the applicant and County.
This Resolution adopted after motion, ~ and majority vote favoring same.
DATED:~/~//)',~,~
;.! '~' ' , e" '
Hcidi F. A~hton
A.im~ Coun~ At~'n~
BOARD OF COUNTY COMMISSIONERS
· . · A
/
EXHIBIT A
SADDLEBROOK VILLAGE PUD
(A.K.A. PELICA/q PO13'TE)
LEGkL DESC*RIFrloN
The West !/2 o(the ~ 114 of Section 34, Township 49 South, ILange 26
Eas~, Collier .Coqz~, Fiorida,'.lyln8 ~ oftmcmate 75;
The South 50.00 lc, ct bt' R~io Po,ad Right-Of-Way, and ~e East 726 00 f~'t of
the West 1/2 oflJ~ Southea~' 114 o{'sald Section 34.
;
Page I
of 3
TOTgL P.Et~ ,
EXHIBXT A
TIIE PALMS
LEGAL DESCRII~ON
A parcel of land:lo~:at~ in ice'don 34, Township 49 S~
Commence at the Soft. comer ofthe Weal. I/2 ot'~c S ~ 1/4 of Soction
34 Tov.'mlfio 49 $otgh.' iLtng, o 26 F~st. ,un N$9°43'lg"~ aidistanc~ of ?26. 00
· ~ ~ '^,: ' ,' · ceofS000fcetWtltePoiniOfI3egi~nnmK,
feet; theac.: run N.O0 27'59 "W a di~n . .
di~cc of 68.~ .lc& io the point of curvature ot' a i~v.~" cave concave
'. somhw~tc~r, d~eMe run 97.61 fo~ ~ons 0~ sm o~ said c~-vc hr~iag a r~tius of
200.00 fcct, a ~ t~3I~ of 27°57'44', a chord ~ 6f. 96.64 feet and a
'chord bearing of lqI:~5741'%' to the point of .l~ng. enc%.,, tt~cc nm
.N2?~.56'33~W'a distshc~ of, 31.87 feet to & point of~ '.~f.s, curve concave
iNort~~ tl~ ~e~ ~.i2 feel gong the ~re ofr~d' 'a~ haVlng a radius of
200.00 fc~t, · c ~ral an~c of 27'32'15", a chord dis~ancc 6f 95.20 fcct and a
chord tx~ing of NI4"I 0~/~'."W to a point oft,,ng~ncy, then. o~ r~t'N00°z4'I$''W a
dlstancc of 3 I6.i 8 ~'c~t; ~ fun N89°35'42'~ a distanc~ of 13:72 fcct; thcncc
'51 4S foot; th~M run:.N:t4°iS'02''w ' d~anoe of :ll,61 foct~.~ce run~
171.15 fcct', ~ run i,159'32'54"W · disttncc 14.~6i f.cct',' tn. cncc nm
Ss~'43'~-7~. a ~'; ~ 305.9? fc~; tt~c~ run S00'?~'~ a ~
· P~rccl co~ainin~ f2.9.1 ncre~ more or Ices, subject to casa~cnls; rcsUiCfioas ~nd
. n:~,ervatiot~s of t~ird: ...............
; 'L'.y °"...
· .~...: ...- .....
....
'/ ....
' ' .... ' ' ' '4u~d D~_..,.i~n, In¢
· MeAnly E~~ .. =-~ .. '
5 I0! F_.asi.'Ti~ Tm'l, Su,te 202
Nn.ples. Florida' 34113
Page 2 of 3
EXHIBIT A
Tt-IE PALMS
LEGAL DESCRIPTIO~
16A) ?
Pase 3 of 3
AGREEMENT FOR 100% DEI;'KRRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this/g~,~ of ~
I997, by and between the Board of County Commissioner~ of Collier County, Florida,
hereinafter referred to as "COUNTY" and CEI/Kensington, Ltd., hereinafter referred to as
"OWNER".
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier
County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended,
the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No.
92-33, as amended, the Collier County Educational Facilities System Impact Fee ordinance, as
they may be further amended from time to time hereinafter collectively referred to as "Impact
Fee Ordinance". provide for deferrals of impact fees for new owner-occupied dwelling units
qualifying as atTordable housing; and
WIIEREAS, Colonial Equities, Inc. is the duly authorized general partner of
CEI/Kensington, Ltd. with Richard Shaw as President; and
WlIEREAS, CEl/Kensington, Ltd. has applied for a deferral of impact fees as required
by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirem~-nts for an affordable housing
deferral; of impact fees as established in the Impact Fee Ordinance; and
16A
WltEREAS, thc impact fee deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Six
Hundred and Sixty Six Thousand Seven Hundred Fifty Two Dollars and 80/I00 ($666,752.80)
for six years from date of deferred impact fees for Saddlebrook/Peliean Pointe Phase I embodied
in Resolution No.5;Y_Je4eat its regular meeting or--and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant
and agree as follows:
1. RECITALS INCORPORATED.
shall bc incorporated by reference hercin.
2. LEGAL DESCRIPTION. The
The foregoing recitals arc true and correct and
legal description of the dwelling units (the
"Dwelling Unit") is attached hereto as Exhibit 'A' and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall
be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (1:5) years commencing from the date a certificate of
occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants
the following:
a. The Dwelling Unit shall be the permanent residence of the occupant/tenant.
b. The household renting the Dwelling Unit must have a very Iow or low income level,
at the commencement of the leasehold and duration thereof, as that term is defined in
the Appendices to the respective Impact Fee Ordinances and the monthly rent must
be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
2
c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date
the certificate of occupancy was issued.
5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit
subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to
households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred
shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling
Unit as affordable housing, or six years from the date such impact fees are deferred, whichever
oecur~ firxt. OWNER agree~ that even though the impact fees have been repaid to the
COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen
(15) years from the date the certificate of occupancy was issued for the Dwelling Unit.
6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this Agreement.
7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to
the County Manager an affidavit of compliance with the affordable housing qualification criteria
and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty
(30) days of the anniversary date of the issuance oftbe certificate of occupancy. If the income of
any unit renter which originally qualified as very Iow or low income level as defined in the
respective Appendix to the Impact Fee Ordinance increases by more than forty percent (40%)
above the low income level described in the appendix, then the per unit deferred impact fee on
the non-compliance unit shall become immediately due and payable by OWNER or, in the
alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing
guidelines set forth in the respective Appendices.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements,
and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing such payment, including but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
^greement, their heics, successors and assigns. In the case of sale or transfer by girl of the
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this ^greement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this ^greernent (1) where OWNER
fails to rent the property in accordance with the affordable housing standmxis and qualification
criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc impact fees due
within thirty (30) days of notice of ~aid non-compliance, or (2) where OWNER violates one of
the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen
(15) days after notice of violation. However, with re~3ect to the Annual Report, OWNER shall
not be in default of this Agreement until a fifteen (15) day grace period from the due date of the
report has lapsed in the event the OWNER is in default.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fif[een (15) year period or should OWNER violate
any provisions of this Agreement. the impact fees deferred shall be paid in full by OWNER
within thirty (30) days of ~aid non-complianee. OWNER agre~ that the impact fees deferred
shall constitute a lien on the property commencing on the effective date of this agreement and
continuing until paid. Such lien ~all be superior and paramount to the interest in the Dwelling
Unit of any owner, lessee, tenant, mortgages, or other penmn except the lien for County taxes
and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default
of this Agreement and the default is not cawed within thirty (30) days after written notice to the
OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may.
be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property. This remedy is cumulative with any other right or
4
3
remedy available to the COUNTY. Th~ Board shall be entitled to recover all fees and costs,
including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar
day basis until paid.
IN WITrf~s WHEREOF, the parties have executed this Agreement for deferral of Impact
Fees on the date and year first above written.
(2) Wimesses: OWNER:
Print Name
CE~SINGTON, LTD.
By: COLONIAL EQUITIES, INC.
ITS GENERAL PARTNER
BOARD OF COUN'rY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:~
Approved as to form and
legal sufficiency
Assistant County Attorney
STATE OF ~ TF. XA$
COUNTY OF ]~Ai,LAS
The foregoing instrument was acknowledged before me this ~ day of ~
199'1 by Richard Shaw, President Colonial Equities, General Partner of eEl/Kensington, Lid. on
~ pf the ~,nership. He is personally known to me or has produced
of identification) as identification.
Name of Acknowledger Typed, Printed or Stamped
6
EIHIBIT A
SADDLEBROOK VILLAGE PUD
(A. ICA. PELICAN POINTE)
LEGAL DESCRIPTION
Thc Wesl I/2 of II)e ~ i/4 of Section 34, Towstship 49 South, R~nge 26
F.,~. Collier ~, Florida;lying south of Imer~te 75;
Less ~sd e~ce~ ,~the fol]owh~
Thc South $0.00 fo~t for R~io Rowel Rishl-Of-W~ry, ~d the Easl 726 O0 feel of
thc Wesl 1/2 oftbe Soulhe~~ 1/4 ofsald $ecllon 34.
Parcel con(ai~i~ 3~3.7~t acres,
c~
Pase I of 3
EIHIBI? A
TIlE PAl. MS
LEGAL DESCRIVI'ION
~~ ~ ~e S~l~t ~m~ ofO,e W~ i~ ofthe ~ 1/4 of~on
34, To~ 49 South' ~c 26 ~ ,~: N89'43'I~ a:~ of 726
f~; fl~ mn N~.59~ a di~ of ~0 ~ fc~ w ~c P~ ~~
~ m Ng~4]'lg'~ a ~s~ of 479 52 ~; ~ ~ N~01'I 1'~
· ~ of 68.~.f~ ~ thc ~m of mm~ of a ~ ~c
I
. ~mh~ty; ~ m 97.61 f~ ~}g d~c ~ ~d ~c bamg a ~ius of
2~.~ f~ a ~d ~e of 27°57'44", a ~ord di~ ~f. 96.64 f~ ~ a
N 2~.56 B 3 ~V a ~mm o~ 3 ! .87 f~ lo a ~int of ~~ :of a ~ ~vc
. Nonl~t~y; 0~ ~ ~. 12 fc~ ~ont~ ti~ ~c of ~ ~ ~ a ~ua of
~.~ f~, a c ad~ ~c of 27~2'1S", a chord d~ of 95~0
· m~ of 316.: 8 f~ ~ ~ N89°~5'42~ a ~ of 13.72 f~
m N00~'~' ~ a d~ of 79.13 f~, ~cc m N~'lS~lg~,a ~ of
51.48 f~ ~ [~ ~" N~4~15'02'~' a dt~a~ of 21.6i f~.~
171.15 f~; O~ m NS~2'~'%V a &~ 14.g6~ f~;"~
'210.12 f~; fl~ ~ ~44'08~ a di~ of ~[16 f~;
$8~43'2~ a ~'*o~ 105.97 f~, flm~ m S~~ a ~ of
. 07. 0
.~w'.,~vatiot~ of~e~ird
P~.parcd By
3
Page 2 of 3
LEG AL DESCRIPTION
i, · ,",~ OR: 2372 PG: 2297
Page 3 of 3
AmSouth Bank
AMSOUTH BANK
TAMPA, FLORIDA U.S.A.
(PLEASE DIRECT ALL CORRESPONDENCE TO THE ADDRESS
INDICATED IN TEXT BELOW)
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER B500935
16A
S.W.I.FTr. AI~ISB US 44
TELEX: 6821116
Cable: AMSOMBL
S.W.I.F3'. AMRB US 44
DATE: NOVEMBER 06, 1997
$SSUER: AMSOUTH BANK, 100 NORTH TAMPA STREET, TAMPA, FL 33602
PLACE OF EXPIRY: AT ISSUER'S COUNTERS.
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL NOVEMBER 03.
1998 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR
SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE
UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY
DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY
REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS
CREDIT.
APPLICANT: A.R.B.C. CORPORATION (HEREIN AFTER "APPLICANT) 28999
BONITA GRANDE DRIVE NAPLES, FL 34119
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY
ATTORNEY, COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA.
AMOUNT: U.S. DOLLARS 12,355.00 (U.S.} UP AN AGGREGATE THEREOF.
CREDIT AVAILABLE WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUED AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT:
"A.R.B.C. CORPORATION HA~ FAILED TO CONSTRUCT AND/OR MAINTAIN
THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A
SUBDIVISION KNOWN AS SANGRASS AT PBLICA~ S~ A FINAL
INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED
PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE
PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY
ACCEPTED BY THE BENEFICIARY."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
"DRAWN UNDER AMSOUTH BANK, TAMPA, FLORIDA CREDIT NO. B500935
DATED NOVEMBER 06, 1997 ." THE ORIGINAL LETTER OF CREDIT AND ALL
AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEHENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE
ISSUER'S UNDERTAKING AND SUCH' UNDERTAKING SHALL NOT IN ANY WAY
BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUHENT,
INSTRUMENT, OR AGREEMENT REFERENCND TO HEREINOR IN WHICH THIS
SUCH ENDORSEMENT HAS BEEN MADE. THIS CREDIT MUST. BE ATTACHED TO
AN~ DRAFT WHICH IS PRESENTED DIRECT Tp US.. "' %'-
***CONTINUED ON NEXT PAOE*~~'
Bank -:
A~sOuTH BANX
TAMPA, FLORIDA U.S.A. Intemelk.lelSendc~
(.PLEASE DIRECT ALL CORR~PO~ENCE TO THE ~DREBS
I~ICAT~ IN T~XT BEL~) ':'
I-ssuER HERESY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER
AND XH COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY
HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS
CREDIT.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (1993 REVISION) INTSRNATIONAL CHAMBER OF
COHMERCE PUBLICATION NUMBER 500.
BY~~pRES~ ....
SENIOR VICE
Nov~nb~' 25, 1997
The Board of County Commissioners
Collier County Florida
C/O Offi~ of the County Attorney
Collier County Courthouse Complex
Naples, Florida
Re: Irrevocable Standby Letter of Credit Number B500935
Gentlemen:
In regards to the above referenced letta' ofcrodit the subdivision was incorrectly referred
to as "Sawgras$ at Pelican Strand*' which appears in the text ofthe L/C. The Letter of
Credit as to the subdivision name is amc~$ed to read "Pelican Strand Replat - 2".
In all other regards thc Letter of Credit No. B500935 in the amount ofU. S. Dollar~
S12,355.00 remains as stated.
' Vic~ ?r~id.nt
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this/~O~ day of ~.~.~ 1997 between A.R.B.C.
CORPORATION, a Flodda corporation, hereinat~ r,~'~'ed ~o as 'Dev-'loper", and the Board of
County Commissioners of Collier County, Horida, her~i~ referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreeme~ applied for the
approval by the Board of a certain plat of a subdivision to be known as: PELICAN STRAND
REPLAT #2.
B. Division 3.2 of the Collier County Land Development Code ,'equires the Developer to
post sppropria~e guarantees for the con.slmction of the improvements required by said subdivision
regulations, said guarantees to he incorporated in a bonded agreement for the constn~ion of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinaRer set forth, Developer and the Board do hereby covenant and agr~ as follows:
I. Developer will cause to be co,',su'ucted: An access roadway, sewer extension, storm
drainage and street lights within twelve (12) months from the date of approval of said subdivision
plat, said improvements hereinafter referred to as the r~quired improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a pa~ hereof) in the amount of Thirmen Thousand Thirty-four
Dollars Eighty Cents ($13,034.80) which amount repn.'sents ten percent (10%) of'the total contract
cost to complete constructi~ plus one hundred percem (100%) of the estimate cost to complete the
rtquired improvements at the date of this Agrt~nent.
3. In the event of default by the Developer or failure of the Dr, eloper to complete such
improvements within the time required by the Land Development Code, Collier County, may call
upon the sulxlivision performance security to insure satisfactory c~, ~pletion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of
subsUmtial completion by Developer's engineer along with the final project records have been
furnished to be rrviewed and approved by the Development Services Director for compliance with
the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either:, a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approv~ the
improvements, ~th specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the improvements. How~-wer, in no ev~rt shall the Development
S¢'vviees Director refuse preliminary approval ofthe improvements ifthey are in fact constructed and
submitted for approval in accordance with the r,zquirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period ofone (1)
year after preliminary approval by the Development Services Directo' After the one (I) year
maintenance period by the Developer has te~ninal~ the Developer shall I~ition thc Development
Services Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final ~:nxnnfl by the Board, the Board ~mll rele~s~
the ten percent (10%) sulxlivislon performance security. The Developer's responsibility for
16A
maintenance of thc requir,M improvements shall eontint~ unless or until the Board accepts
maintenance responsibility for the County.
7. Six (6) months afar the execution of this Agreement and once within every six (6) months
Iherea~er the Developer may request the Development Services Director to reduce the dollar amount
of the subdivision performance security on the basis of work completed. Each request for a
reduction in the dollar amount of the subdivision performance security shall be accompanied by a
statement of substantial completion by the Developer's engineer together with the project records
necessary for review by the Development Services Director. The Development Services Director
may grant the request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
g. In the event the Developer shall fail or neglect to fulfill its obligation under this
Agreement, upon certification of such failure, the County Administrator may call upon the
subdivision performance security to secure satisfaetoqt completion, r,~air and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
constructed and maintained, pursuant to public advertisement and receipt of acceptanc~ of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, inelnding, but not limited, engineering, legal and contingent
costs, together with any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All ofthe terms, covenants and conditions he, in contained a~ and shall be hireling upon
the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Devclolx-r haveussd this Agn:emem ~o be
executed by their duly authorized r~q~-sentafives this/~.~ da~ of
·
Signed, sealed and delivered DEVELOPER:
in our presence:
X ,/z_, A.R.B.C. CORPORATION. a Florida
~wi~ess~-! (pd&~ame bel°w)- ~- .
wium. r ;nt ;=me below.)
ATTEST:
DWIGHT E. BROCK, CLERK
Approved ~s to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
David C. Wei~el
County Attorney
k. L.
(Ord. No. 92-73, 1, 2; Ord. No. 94-58, § 3, 10.21-94; Ord. No. 96-21, § 3)
Know all men by ~ese ~ that the undefli~ Pelican Strand, Ltd., a Florida limited
paztrm'~p, and Pelican Strand Dt'v~Nnlma Corpomio~ a Florida corporation as its sole general
corpor~on entering into gx~ certain sgreeme~ necessary ~o facilitate the Pelican Strand ReplaI
#2 and to the dedications ami the recording of the mplat of P¢llcan Strand Replat #2.
ln wimess we execute this consent and joinder on ~'Cem~l',, ~ .1997.
Signed, sealed and delivertxi
PELICAN STRAND, LTD., a Florida
limited pazmership
(Corporate ,%al)
(print name below)
By: PELICAN STRAND DEVELOPMENT
CORPORATION, a Florida corporation as
By: its ~o~~
as Vice-President
STATE OF FLORIDA
COUNTY OF COLLI ER
by Riln~ Paul Hardy, ss Vk:~PrgskJt~ of P~lican Strand Developam~ Corporat~ a Florida
(Tiflo o~ R~nk)
(Serial Number, ifa.ny)
16A +
CONSENT
into tho~e certain agreeme~ ~ to facilitate the Pelican Strand Replat//2 and to the
dedications and the recording of the replaa of Pelican Strand Replat #2.
In witness we execute this consont andjoinder o~ 1997.
Signed, galed and delivered/// SAWGRASS AT THE STRAND, a Florida
Wime~ #1 (~rint nam~ below)_ / ...--B!~.~
/
STATE OF FLORIDA
COUNTY OF COLLIER
in~mm~ wa~ ~ed~ before me ~i~ ~
The foregoing day of
1997 by John Olobetti of Sawgra~ aa th~ Strand, Inc., a Florida corporal, o~behalf of th~
corporation. He is pertomflly ~ to me or ha~ produced ~ (type of
identification) a~ idemificafion and did (did not) take an onth. NOTE:/ffa typ~f identification is
to me. If the words in the ~n executing this
insmunent did take an oath.
~-~ ~ of ^=k..~d~=)
(Title of Rank) /
(Serial Number, ifany)
WORK ORDER # ABB-FT-98-3
16B1
Agreement for gized Term Professional Engineering Services
Dated September 26. 199S (Contrtet #9S-2422)
This Work Order is for professional engineerin$ services for work known as
(Title) Imnerisl West/Landmark Estates Drainate Project.
/gcason for Proicct) a dilch eflclosurg nrolecl,
The work is specified in the proposal dated November 20. 199~ which is attached hereto
and made a piti of this Work Order. la accordance with the Terms and Condilions of the
A~reemeflt referenced above, Work Order SADB-FT-gJ-3 ._is assigned to Afnoli.
Barber & Brundofe. Inc. ~
(Firm Name)
Construction inspection services.
Schedule of Work: Complete work within 150 days from receipt of the Notice to Proceed
authorizing SKirt of work.
Comoensation: in accordance with Article ZXZ of the Agreement, the County will
compensate the Firm in accordance with time and material expended, using the established
hourly rates effective September l, 199'/ as enumerated in Schedule 'A' of the Agreement.
TOTAL, ESTIMATE FEE S31,498.00
Any change within monetary authority of this Work Order made subsequent to final
department approval will be considered In IddJtJoflal service and charged according to
Schedule "A' of the Agreement.
(./ Name and Title Date
· .. /-2
,. -: ¢ ~r~.' . ~mwater Mannffment Dfpa~mcnl Director Date
A~EST' ,k~ .[~ *~ BOARD OF COUNTY COMMISSIONERS
-~JSh{ ~. Broc~, Ol~t Collier County, Florida
~ ' ':'; . .' .." ,'. ,
~: ~'~~~' · _ _. _ - .
~ ~Deputy C~erk' * Ttmoth~L. Ilancock, Chairman
"I;'" '
Approved a~ to Form and
Le~fficiency:
Assistant County Attorney
Date:
ATTEST:
(Corporate Secretar) )
By:
Type Name and Title
(or) witness//~ (2)
Signature ./
Prin~
Contractor
Signature
Sdnilur*
Print Name
TcmplalelLGK/WO FL~te4 Term Pro £nI Setr,~ 2
· ' '.. ' '
~ · UTILITY INST~~ON BY llIGHWAY CONTRACTOR
THIS AGREEMENT. made and entgr~d into dds f..%~ day of:7'~,~,~"'?. 19~9. by and between the STATE OF
FLORID .A. DEP~ OF TRANSPORTATIOn. bueimt~ r~ferred ~o ~s ~he FI)OT. '~d c-nk~ t'~ V ~w~
oftmsincss in Naples , County of Collier , State of ....Florida.
WITNESSE'fl4:
WHEREAS. ~he FIXYT ts consuucdn~, recomn'acfl~ or otherwi~ cbangin~ a pordon of the Sine Highway Syst~n
ded~a~d by ~ FDOT ~s S~e Proje~ No. ovr~a9 .... Road No..tEL. between ~ar~ nrH? a~ snm~
~t Neu~ Y~4~ .e,m~ , which dull call fo~ I~e adjumnent, relocadon and/o~ tmtallation of the Udlit~'s fac~ides al~, ~
been rrvtcw~ by d~ FDOT and d~ UTILITY. said above described UTILITY relocation, hereim~r ref~ ~ ~ "U~
Work'; and
WHEREAS. ~e FDOT and the UTILITY have determined that it would be to the best interest of the general public
and to the economic advantage of both parties to enter into a $OIN'T PROJECT AGREEMENT. hereinafter referred to as
'JPA,' prov~in~ for such work;
NOW. THEREFORE. in consideration 6f the mutual covenants bereimfter contained, it is agreed by ~e pardes as
follows:
1., The FIXIT and O~ UTILITY shall participate in a IPA. the scope of which will cover only the WrlLI'rY facility
within the limits of the project u included in the plans and estimate of the FDOT contract, more specifically described as _
S.R. 951 12" Vazer Rain InFrovenents
· (six hundred and t~o thousand, five hundred and slxZy dollars and no cenzs.)
2. The UTILITY will Frepare, at ks expense, fl~ design and ~ for all of ibc mcesury. Util~ Work specif'~f
above, and will fufl~ish to [he FIX~ no ~ ItLIA~~B~_ ; 19...qfl... complete ~ftrul plus, ~ as FDOT's
contl"~t pram, ali ~ble for reproduction by d~ FDOT, tofether with a complete set of specff'm covering all
(~lurfties* sheet. It will be d~ respoflsibfl~ of ~be UTILITY to coordird~ tt~ deyelopment of the Utili~ Work phns with
UTR.f~ for the dev¢lolxn~ of t~e U~ Work i~tans; and ~ I=DOT ~ coolx'rm futly with ~ UTR.fI'Y to ~ end.
ibc FDOT'S tmdcrfromxl surycy information, and ~ also be respomible for any cb,~nfes to the UTII.~'S plans nude
necess.'try by errors or omissiom in fl~e FIX)T'S sm'vey Information as fmnisbed to the
UTR.ITY. Ail errors, ornissiom or changes in the design of the Utility Work will be the sole respons~iliry of the UTILITY.
All UuTfly Work coverinf f~ilifies to be relocated to a position within the FDOT rifht of way will be accommodar.--d
in accord,race with the FDOT 'Ucilin/^cc~ ~lanual.'
5. TI~ FDOT will provide d~ necesr.L-y enrinffflnf supervision to assure constru~en ts h c~p~e ~ ~ p~
~ ~~ ~r~ r~ ~, aM ~H r~ aH b~ f~ aM ~ ~ c~ for sa~ U~ W~k aH at ~ ~
e~ of ~ ~L~. AH b~ f~ u~ Ut~ W~k ~ll ~ ~n ~o c~rat~n ~ ~e award ~f b~ on ~ ~
~ F~T'S e~ c~ ~ ~e ~ ~n ~rce~ (10~?, ~ ~ ~y e~t to ~ic~te ~ ~ c~ ~o~ ~ ~
~ W~ ~ ~~ ~ ~ 1~ ~ ~ d~e ~ ~ ~S off. hi e~te pl~ ~n ~c~ (I0~)
~ ~~a~ f~ ~ Ut~ W~. ~ ~ ~~ ~e~to~~ ~~~~
a~a~ ~ b~ b re~ ~ ~ ~~. ~ ~ ~ ~ ~, ~ ~ ~ e~, f~ ~~
~ ~ r~ ~ ~ ~. ~ ~ ~H ~ ~ ~f~y c~ ~ ~ ~ a~d. ~ ~~ shll
~ ~ ~ ~'~ c~ ~ ~ ~ ~e of ~ ~'S ~k M ~ ~ ~ de~ ~ ~k of ~
7. All servkcs and work trader Ibc constnsctk~ contract ~ be performed to the ufisfactJon of tJ~e DISTRICT
DIXECTOR OF OPERATIONS or desJfnee, and he shall deckle all questJorts, dilT~cuMes and dtslx2tes of w~ rdtm'e,
wMch may arts~ trader or by re25on of such contract for Utility Work; the prosecution and fulfil~ent of the services
thereund,, and t~e ch~rac~r, quliry, anMur~ and value thereof; and l~s decision upon iii ctatms. ~ znd disput~
'-=-'~'sh2ll b~'fu~al and cofldtuhte ulxm the pardes hereto; .............. ~-;.--- ....................................... ... ..........
S. The tfHLITY agrees fhat kw~ at least
f~, ~ ~ ~ an ~e ~. ~1~
~a~r ~ ~ ~e pa~. ~ ~L~ w~
The paymem of funds ~ req~b'ed above will be made as foik~s (choose one):
Directly to d',e FDOT for de'd~k into t~e Stare Transixx~don Trust Fund.
X
DtTOS~ as provided in d~e arm:bed Men~r'andum of A~reement (Exh~it A) between UTILITY. FDOT, and
the Florida Delx,~ of' Insurance, Division of TreasA~.
9. Upon completion and acceptance of the work. OJe UTILrTY shall own, control, maintain and be respom~le for
AI~ ~ Jr.~ f..~il~, occofd~ [0 t~ lCrlTIS Of* f~ t~JlJ~ pL~. T~ UTI~-ITY fur~ Ijrees to cofflp~y w~ ~ i~toytsjofls of
the FDOT 'Utility Accommed~rio. Manual.'
10. The UTILITY cowmm and a~rces that k sha~. m ~ ex~nt permft~-d by law. indemnify, defend, s~e and bold
hal'mk~ d~e FDOT fr~n any' and all lepl actions, clahm or demands by any person or lefal entity agahst the FDOT artsJnf
16B 4'
specWed in tie preceding sentence until abe invoice is paid.
12. The ~ shallpay ~e FDOT'S reasonable attorneys' fees and ce~t co~ if the FDOTpreva~ in IMgafion
for t~ enforcemem of the provisions of para~ap~ 1. ~ or 12 of ~ AgTeemett
be effective unless contained in a written document ezecuted with the same formality and of equal dignity herewith.
14. This Agreement ~ be governed, interpreted and construed according to the laws of the State of Florida.
I$. If any pan of this Agreement ~n be determined to be in,'alid or unen~on:eabte ~ ·coun of competent
Jurisacfi~ a- by any eom' k'gatly consttnaed body having the Jm'bd~ion to make such determination, the remainder of this
AlTeement shall remain in full force and effect provided that g~e pan of the Agreement thus invalidated or declared
enen~orceable is ne( material to the intended ope~ of t~ Agreement.
.,.**:BOARD OF COUNT/' COI¢lqZS$IONBRS OF
16B i
...... (SEAL) ..............
STATE OF FLORIDA
DEPARTMENT OF TRANS TATION
) (SEAL)
P~3E I OF 2
_~1"~IS ;~Z:~, ~ade and entered into thie ][~ , day of
- , 19~_, by and between the State of Florida,
I)epar~ent of Transportation, hereinafter referred to as 'DOT" and
the State of Florida, Department of Insuranc6, Division of
-Treasury,..hereinafter referred -to .as 'Treasur~' and
~ater-Sever]~J.~trlct, hereinafter referred to as the 'Participant'.
WHEREAS, 'DOT. is currently constructing the
project:
following
State Project
F.A.P. No.
W.P.I. No, : 1114091
County :_Collier
hereinafter referred to as the 'Project'.
WHEREAS, DOT and the Participant entered into a Joint
Participation A~reement dated .7'~,~., , 19~ ~ wherein DOT
agreed to perform certain work ~the Participant in
conjunction with the Project.
h~EREAS, the parties to chis AGR~mutually agreed that it
would be in the best interest of the DOT and the Participant if an
escrow account were established to provide funds for the additional
work performed on the Project on behalf of the Participant by DOT.
NOW THEREFORE, in consideration of the premises and the
covenants contained herein the parties agree to the following:
1. An initial deposit in the amount of $602.560.00 fsi. h,m~r~ and
~otho~.nd, five hu~drednnd sixty dollars and no cents, ) will be
made by the Participant into an escrow account. Said escrow
account will be opened by DOT on behalf of the Participant in the
name of the Florida .De_partm~nt of TranR_Dortation with the
Department of Insurance, Division of Treasury, Bureau of Collateral
Securities upon receipt of this Memorandum of Agreement. Such
account will be opened and shall be deemed an asset of DOT.
2. Other deposits will be made only by the Participant as
necessary to cover the cost of the S~ ~ '
work prior to the execution of any Supplemental Agreements.
°PA~E 2 OF 2
3. All deposits shall be made payable to the Department of
Insurance. Revenue ProcesS{n~ and mailed to the DOT Office of
the following address:
Comptroller for appropriate p~ocessing at
Florida Department of Transportation
Office of Comptroller (M.S. 42)
605 Suwannee Street
Tallahassee, Florida 32399-0450
ATTN: JPA Coordinator
4. The DOT*s Comptroller and/or his designees shall be the
sole signatories on the escrow account with Department of Insurance
and shall have sole authority to authorize withdrawals from said
account.
5. Unless instructed otherwise by the parties hereto, all
interest accumulated in the escrow account shall remain in the
account for the purposes of the project as defined in the JPA.
6. The Treasurer agrees to provide written confirmation of
receipt of funds to the DOT.
7. The Treasurer's Office further agrees to provide periodic
STATE OF FLORIDA
~-~Ta~wr OF T~V~SPO.T~TIO. DZ~T.~r O~ X~SUR~C~ Com~.~ ~ o~
COM~T~OLL£a DIVlSXO~ OF TRFASt~¥
,,~l-Officio The C~m~ in9 Board c~,~he~ ..'i :'
....... ?ibothy/~:~ R//ncOck,.. Chattrman
: ~ ~,~ ~, ~ ?;~
1 6B8
Date:
To:
Fro~:
Re:
December 18, 1997
Karl Boyer, Senior Project Manager
Office of Capital Projects Management
Ellie Hoffman, Deputy Clerk
Minutes & Records Department
North County Wastet~ater Treatment Plant 5MGD Expansion
Amendment No. 2 to PTofessional Services Agreement with
Hazen and Sawyer, P.C.
Enclosed please find six original documents as referenced
above, Agenda Item ~16B8, approved by the Board of County
Commissione=s on December 16o 1997. X have retained one
original for our file and one original has been forwarded
the Finance Department.
If you should have any questions, please contact me at:
Thank you.
Enclosures
16B8
NORTH COUNTY REGIONAL WA~TEWATER TREATMENT PLANT $ MOD EXPANSION
AMENDMENT NO. 2 TO PROFESEIONAJ. SERVICE6 AGREEMENT
This Amendment No. 2 to the Agreement dated May 14, 1996 (hereinafter
'AGREEMENT') is made and enlemd into this//...~, day of .~-xc.z.../..,~c/, 19 97, by and
between the Boerd of County Commissioners for Collier County, Florida, a political
~ of the State of Florida and ~ Board of the Collier County Water-Sewer
District (hereinafter referred to as the 'OWNER') and Hazen and Sawyer, P.C., a New
York corporation, authorized to do business in the State of Florida, whose business
address is 2101 Corporate Blvd., Boca Rat(m, Florida 33431 (hereinafter referred to as
the 'CONSULTANT').
WlTNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of professional services for the NORTH COUNTY
REGIONAL WASTEWATER TREATMENT PLANT $ MGD EXPANSION (hereinafter
tefra'red to ~s 'PROJECT'), said sendcas more fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some mocr~K:ations to the services
being contemplated under said AGREEMENT ere necessary;, and
WHEREAS, CONSULTANT represents Ihet he has the expertise and the type of
professional services that will be required for completion of the project.
NOW, THEREFORE, tn consideration of the muttml covenants and provisions
contained herein, parties agree as follows:
42 43C021BCA
1688
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional engineering services in all
phases of the project to which this ~ applies.
1.2 CONSULTANT shall provide professional services in addition to those outlined in
said AGREEMENT as noted in Schedule A of this Amefldme~ as atta~ hereto.
ARTICLE TVVO
2.1 OWNER egm~ to cempen~te CONSULTANT for sewices rendered hereunder as
pmsotbed in SchecXJle B, ettitted'Sc:hecX~ of Fees For Basic Services (B attachment A)
and Consulta~s Estimate of Additional Services (B attachment C)', as outlined in said
AGREEIVlENT with lhe modificat~r~ to ~ A and C to said AGREEMENT which
ARTICLE THREE
3.1 The schedule for said Proje~ shsII be as shown in the revised Schedule C as
attached
hereto.
4243C02f.~.4
16138 ' '
ARTICLE FOUR
4.1 The AGREEMENT, as amended, d~all remain in full force and effecL
IN VVITNESS WHE~OF, Itm parties hereto have executed this AmendmerR to
Pro(essiorml Sm'vk:es Agreement for Ihe NORTH COUNTY REGIONAL WASTE'WATER
TREATMENT PLANT E MGD EXPANSION ~'m day m'~ year first written above.
ccx. u~ ~. no~,~
stecxw~ OF THE
Hazen and 8,~/er, P.C./'-1
4243C021,~..A 3
October 13, 1997
~ October
RECEIVED
. 6B8
NOV 0 5 1997'
Mr. Pm 8chair
COLLIER COUNTY PUBLIC WORKS
OFFICE OF CAPITAl. PROdECT8 MANAGEMENT
3301 Tlmilml Tra~ South, ~ D
Naples, Florida 33~39
NCRV~/VTF ~-MGD Expansion
Amendment No. 2
Pumo Station Modifications
In ~xxdince w~ ou~ discussto~ during last Thursday's meeting, we am pleased lo submit f~e
revised supporUng docum~ fo~ Contract Amendmerfl No. 2 lo our Professio~l Services
Agreement dated May 14, 199~. ~ Amendment No. 2 prov~es fro' design, bidding and
constructio~ management se~ac~ for moditScaUo~ to the existing NCRWWTF Reuse Pump
Station as described in detail in the It~lched Schedule A (Scol:m of Services). The attached
documentation SUl~rSedes that odglrmlly aubmltted for Contract Amendment No. 2 on
October 13, 1997.
Schedule A (Scope of 6en~ces). Al mm tgmed. ~<:hedule A is presented as an update to
HUA's odgimml letter lxoposal Io Ur. ~ Boyer.
Schedule B - ,adllchmlfltl A (~<:t~ldull ~ Feel for BlOc ~c. es) end C (~~s
Estima~ ~ ~ ~. ~ ~ ~). A~~ A ~ C
have ~en f~~ ~ ~e ~ ~ ~ ~ ~ ~ ~~
~. I m~ ~ ~ ~. 2. m~. ~ch~ A ~s ~n ~d to
mfle~ ld~l ~ ~ ~ ~ for d~~n ~ ~ Iss~ ~ ~
Pump ~n M~ ~r ~ ~1~1 ~GD ~nslon ~o~ end ~
~lgn ~.
Z6B8
Mr. Pete SchM
Rinsed C)dober 3O,
· Schedule C - Project ~;~:hedule. As ~ Reuse Pump Station Mod'fl'cations will be b~ as a
· separate cof~~ project from ~he 5.MGD Expansion, the attached Project Schedule
As IIw-ays. if you trove any questions cx comments, please do not hesit~e to c~11 me.
HAZEN AND SAWYER, P.C.
K~I A. I~effer. P.E.
Project Manager
Rof~ Oermon
File 4243 - 1.2
].
Jun~ 25, 1997
(Rcvi~ Octolx'r 23. 1097)
Mr. Kart W. B4~er. P.E.
Senior Project Manager
Collier County Offge of Capitsl Mamgement
3301 T~miami Trail E, Bldg D
Naples FI.. 34113
Expansion and Upgrade of Reclaimed Water Pumping Station
North County Regional Waste'wster Trtatment Facility
HMA File No. 97.42
Per your request of June 6, 1997, I sa pleased to submit this proposal to provide
engineering services for expansion and upgrade of the Reclaimcd Water Pumping Station
at the North County Regional Waslewaler Trgatment Facility. This project will allow the
existing pumping station to be able to meet the peak Irrigation demand of 6.500 gpm
associated with disposal of effluent for the current rated capacity of 8.5 MGD annual
average daily flow and provide a fifth pump to increase the capacity to 15,.350 gpm to
handle the demands ant~ with thc ~ 5 MOD expanstom This project, in
conjunction with the control valve project, ~11 IXOVtde adequate discharge pressure to
assure a minimum SyS~TI iX'etSU~ Of 45 psi at the remote points in the m:laimed water
allow disposal of up to 6.0 MGD of'excess emuent via the secoM deep injection wcI! at
the North Water Tgatment Plant at the minimum pressure of 40 psi which is required for
operat~ of the deep well. The necessary improvements to accomplish these
improvements are smnma:ized in the HMA rtpc~ dated Sanua:y 24, 1997 which was
based on the HMA prellmlmry hydraulic analysts v.-pm't dated January 24, 1997 (Final
The scope ofwork to be Ix. rformed foe this projet~ is outlined below:.
1. Prelxu~ Prtliminary and Final Plans and Speci£wJfloas to include the following:
a)
Modification of thc four existing pumps from three-stage to five-stage units,
including rg)lacemcm of impellers and modification of pump columns to allow
Mr. Karl Boyet
Senior Project M~ger
Collier Count7' Office of Capital Managemem
lIMA File No. 97.42
June 2:5. 1997(Revised October 23, 1997)
Page 2
! 6B8'"
o
b)
c)
d)
e)
g)
R~lacement of the four existing 100 horsepower motors with four new 200
horsepower motors.
Replacemcnt of the t~'o existing 100 horsepower vnriable frequency drive units
with two new 200 horselxm~ units.
Installation of fifth pump with 200 horsepower motor and VFD, including
piping modifications and strainer.
Upgrades to the electrical system (wiring. breakers, etc.) necessary to provide
adequate power to the five 200 horsepower pumping units.
Addition of a new 1250 KW emerg~ standby power system to allow
opcration of lout of the five pumping units at 100 percent speed.
Modification and/m Ul:~ of the I-FVAC system to handle the heat release
from five 200 horsepower pumping units.
Meetings with Collier County OCPM and Wastewater Division represcntatiYes to
review Preliminary Plans and Specifications,
Assistance with Bidding. Respond to contractor's questions, prcpa~ and distribute
any and all addenda, attend Preconstruction Conference. and evaluate bids to
recommend lowest responsive bidder
Contract Administration. Review of contractor's submiuals, pay requests and
progress schedules, review any proposed changes to the contract and negotiate with
contractor any changes to the comracl, issue, interpretations and clarifications to the
plans and specifications, advise Collier County OCPM as to the acceptability of work
as it Ix'ogresses. and prepare and submit record documentation at the close of the
proj .
Detailed Observation olr Construction. Provide periodic observations of Contractor
progress during consumtion, These inspections will be conducted at milestone
events as determined lmm the c6nttaclors progress schedule and will be conducted by
the various engineers associated with that particular milestone. (Electrical,
Mechanical. Environmental. etc.)
Substantial Completion and Final Completion Inspections, including development of
"punch list",
Startup Assistance. Monitor and review the startup of new and modified components
of the station, Recommend approval/disapproval of all performance testing
conducted and review contractor's schedule and agenda for training of the various
W.~199'~.,4lr? I OI O~K OOC
Mr. ICad
Scnio~ Project Manae:t
Coll|~t ~ oir)ce
HMA Fil~ No. 9/42
Sun~ 2S, ! 99'/(~sea ~ 23. 19~7)
Page 3
16B8" '
We propose to ptoxi~ Ibc nbovc scrvico for Ibc following fees:
Final Design
Meetings
Bidding As.dstance
Contract Administra6on
Detailed Olrm'vation
Completion Inspections
Stattup Assistance
$ ! 2,250 lump sum
$ 4,500 lump sum
$ 3,500 time and materials
$ 5,600 lump sum
$ ! 5,000 lump sum
S 15,700 time and materials
S 3,100 time and materials
S 6,100 time and materials
Thank you for ~e opportunity m cominue m serve Collier ¢otmty's engineering service
reeds, l look forwa-d to hearing from you soon. Should you have questions, please do
not hesitate to con,act me.
Vcry truly yours,
HOLE. MONTES AND ASSOCIATES, INC.
Ronald E. Bcnson. Jr.. Ph.D.. P.E.
Vice President, Director of Emd~ul Ensinecring
REB/nsl
Kufl Pfeifer. P.E.
Pon Dillard, P.E.
Pete Schalt
W3141,FTW'M42W~IOIOOOY1~.I:ICIC
1698""
~. 6B8~
Am~'~mem 1
COMJER COUNTY
NCRWWTF ~-MOD EXPANSION
RECLAIMED WATER ~O ST,~TION UPGRADES
SUMMARY OF DESIGN FEES
$745.000
S'/~S,8~5 (Indudes S4,250 lo 0a~gn ~ Wa~r PS from ~% 1o 85%)
(exclud~ $2,303 to de, on Reclaimed Water PS from 85% to 100%)
$1,513,895
from 60% to S5% comptele)
S1,S7~.S45
,~ ,/ ,/,~f .t *11 .:,
. ,;.;..;..1. i..-,-,L
'- ~
.-, ....... ::., irl:,]'l -,
.... ; * t · ' ; t L IF , I
~ ,~,~.'.,~'.~ i 81. _ ',
I" '"':::"'. : t :
I
.. ..... ,..,[~,,..~.
~ .
t
I
I ' ; f , I
- . ,- 1 . .... :; ;.,
l' i '"
:~de8 ·
D~te:
To:
December 18, 199'7
Marla Rams~, Director
Parks and Recreation Department
Ellie Hoffman, Deputy Clerk
Minutes & Records Department
Vanderbilt Beach Concession Agreement
Enclosed please find two original documents as referenced
above, A~enda Item tl6CI, approved by the Board of County
Commissioners on December 16, 1997. I have retained one
original fo= our file and one original has been forwarded to
the Finance DeparUeent.
If you should have any questions, please contact me at:
(8406).
Enclosures
VANDERBILT BEACH CONCESSION AGREEMENT
THIS AGREEMENT made effective this/&,z~..day of ~d.,, 1997, A.D. between
Collier County, a por~tical subdivision of the State of Florida (hereinafter called the "County")
and Day-Star Unlimited Inc., a Florida Corporation with offices at 590 92nd Avenue North,
Naples, Florida 34108 (hereinafter called 'Concessionaire").
J~v..~E[. The County hereby grants to the Concessionaire, and the Concessionaire
hereby accepts from the County, the exclusive right to operate the following described
concession at Vanderbilt Beach, Vanderb~ Drive, Naples Florida, in conformance with
the purposes and for the periods stated herein and subject to all terms and conditions
hereinafter set forth.
TERM. This Agreement shall be for a term of three (3) years, commencing within
ten (10) calendar days after receipt of the Coastal Construction Setback Une
Permit and shall be renewable upon satisfactory performance by the
Concessionaire, for two separate additional periods of one (1) year each, under
the same terms and conditions, subject to the subsequent approval of the Board
of County Commissioners. The County Administrator may extend this Agreement
under all of the terms and conditions contained in this Agreement for up to one
hundred twenty (120) additional days following expiration of the original three (3)
year term or following each of the extended one (1) year terms. The County must
give the concessionaire written notice of its intention to extend the Agreement no
less than ninety (90) days prior to the end of the Agreement term then in effect.
The Concessionaire shall not~ the County in writing within sixty (60) days prior to
the end of the respec0ve Agreement term then in effect of Concessionaire's
intention whether or not to accept the extension.
,F_~. The County shall provide to the Concessionaire the use of the
following facilities and space:
All that part of Section 32, Townshtp 48 South, Range 25 East, Collier County,
Florida known as Vanderbilt Beach and as described in the Legal Desc~n
attached hereto.
Concessionaire may construct a mobile type building
construction codes set forth by County Code Department.
shall be located landward of the dune walkover.
utilizing standard
Any such structure
lbCl
e
USES. The ~aire is authorized to conduct the following types of
business and to provide the following services, ~nd only such business ~
approved In writing by 13he Dimc~r of the Parks and Recreation Department.
NOTICES. All notices from Ihe County to the ~ionaire shall be deemed duly
served if mailed by registered or certified ma~ to the Concessionaire at the following
address:
Day-Star Unlimited Inc.
590 92nd Avenue North
Naples, Flodda 34108
Attention: Mr. Daniel Byem, President
All notices from the Concesaiof~im to the County shall be deemed served if ma~ed
by registered mail to the County at the following address:
Director of Itm Pmtm taxi ~ Department
3300 Santa Bmblm Boulevard
Naple~, Florida 34116
concession opemtlofl ~ with Ihs undedakir~s, provblorm, agreements,
stipulitions end conditions of this Agreement.
2
16Cl
~. The ~ionaire may not assign this Agreement, or any part
hereof, wflhout prior written approval of the Board of County Commissioners. Any
attempt to assign without such approval ~J~all be votd. Concessionaire agrees that
shareholder shall sell, assign, transfer or convey his/her ~tock (except by operation
of laW), nor shall the cor~ issue any additional shares of stock, ff any such
transfer or issuance will effectively change the ownership of the corporation.
e
USE OF THE FACIUTIES IS PRIMARY. Vanderbilt Beach is for the use of the
public for rea-eationel and other public purposes taxi the public's right to such use
shall r~t be Infringed upon by any aclMty of Ire Conce~on~lre. However, this does
not preclude the Concessionaire from ~cheduling promotional events whtch might
tempomr~y limit access to the event site subject to the prior written approval for each
of ~aid event, on a case-by-cass basis, by the Director of Parks and Recreation
Department.
e
~..C.c.~E~. The Conces~of~im must provide at ~ mqaenss any security measures
to protect its area, equipment, matmtab and facilities. Such security measures shall
no~ vlotate other restrlcliom of thb Agreement
pERMITS. LICENSES. TAXE~. The Com:essk:malre shell obtain and pay for all
permits and licenses necessmy for the comlucting of bus~ and shall comply with
employed by the Concelllonlim. Thb ~J~all Include HRS Screening for the
N~afl ~x~ssfully complete CPR and Flint Aid Clasaes within one hundred eighty
(180) clay~ of the commefloemeflt oflt~ Agreement. The Concesdormim shall also
be solely ~ fo~ ~ of any and aa taxes levied o~ the conce~sk:m
PERFORMANCE BOND. The ~ shall provide a Performance Bond in
(10) adendar dayl dte~ ~ of the Cornel ~ Setback Line Permit.
3
. . 16C1
10.
11.
12.
The Performance Bond shall be either executed by oc countersigned by a r~ensed
resident agent of the surety of' insurance company having its place of business in
the State of Florida. F~, the said surety or insurance company shall be duly
licensed and quar~.d to so business in the State of Florida. Attorneys-in-fact that
sign Performance Bonds must file with each bond a certified and effective dated
copy of their Power of Attorney.
TRASH AND GARBAGE REMOVAL The Concessionaire shall be respons~le for
the pickup and removal of all rubbish, trash, and garbage within fifty (50) feet of the
beach concession. The ~ shall provide commercial garbage service.
RESTROOMS. The Concessionaire shall clean restrooms (sweeping, mopping,
cleaning of sink, tm'let bowls, urinals, restocking, and emptying of trash containers)
two (2) times daily; one time prior to 8:00 a.m. and the second time mid-afternoon.
The County shall furnish to the Concessionaire all materials necessary to clean and
supply restrooms.
CONSIDERATION, The Cortcess~ire shall remit to the County, as consideration for
this Agreement, · percentage of 'IlK of the total gross revenue or a minimum monthly
dollar amount of $300.00, whichever is greater, of the Concessionalm's business of
selling and/or renting umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas,
caps, shirts, and beach related sundries. The percentage shall be based on total gross
revenues per month. Said payments shall be tendered to the County by the 15th of each
month for the preceding rnonth, and such payments shall be accompanied by a
statement of gross receipts for the preceding month. The applicable Florida State Sales
Tax on payments to the County as per this Agreement shall be added to the
Concessionaire's payment and forwarded to the County as part of said payments. The
County is to receive its revenue payment as net, free and clear of all costs and charges
artsing from, or related to Concessionaire's obligations under this AgreemenL and that
the guarantee or the percentage of total gross revenues be paid monthly. The term
· gross revenue' or *gross receipts* means ali income collected, accrued or dedved by
the Concessionaire under the privileges granted by this Agreement or other document
entered into with the County, excJuding amounts of any Federal State or other tax
collected by the Concessionaire from customers and required by law to be remitted to
the taxing authority. The Cocx:esstoneire shall provide the County Finance Department a
Statement of Gross Receipts.
Such statement shall be ceflJfled as true, accurate and complete by the Concessionaire
and by an independent Certified PLd3~ Accountant. The Concessionaire agrees to use
point-of-sale machines or other accounting control equipment for the proper control of
cash and payment. All financial records are to be maintained during the entire term of
this Agreement and for a period of three years following the termination of this
Agreement. The Concessionaire ~aff provide a copy of Its State Sales end Use Tax
Report for the same accounting period as required for the Statement of Gross Receipts.
4
16Cl
13.
DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed
on that amount, and any other taxes and fees due must be submitted to the County
through the Director of Parks and Recreation, to be received no later than fifteen (15)
days after the close of each month. In the event the Concessionaire fails to pay this
cormideration within five (5) days of such due date, there shall be a late charge of F'dty
Dollars ($50.00) for each such late payment, in addition to interest at the highest rate
allowable by law. If the payment of consideration and accumulated daily penalties are
not received within thirty (30) days after the normal monthly due date, then the County
may take possess~ of the Concessionaire's assets on County property, may cancel this
Agreement, and may begin procedures to collect the Performance Bond. A monthly
report of activities shall be submitted to the Director of Parks and Recreation by the 15th
of each month. This report shall accompany the monthly statement of gross revenues
and will be subject to audit. The County has no duty to notify the Concessionaire of its
failure to remit any such payment or report.
14.
FORCE MAJEURE. If closure of the facir~ies or loss of equipment is due to fire damage,
flood, civil disorders, act of God, etc., to ~me but not all of the facilities and equipment,
the County will allow pro rata adjustment of monthly payments up to the time such
damage is repaired.
15.
CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Vanderbllt Beach Concession any personal property brought thereon or any
replacements thereto by the Conce~ionaire for the purpose of this Agreement, except
such items as may be removed with the express written permission of the Director of
Parks and Recreation. Upon expiration of the term specified in Paragraph 1-a, if the
Concesskmaire has made full payment under this Agreement, and has fully complied
with Ihe terms of this Agreement, he may remove his pemonal property Including
equipment from Vanderbilt Beach and shall do se within ffteen (15) days following the
expiration of this Agreement, provided such personal pmpe~ and equipment must be
removed without damage to the premises. On Concessionaire's failure to do so, the
County may cause seme to be removed and stored at the cost and expense of the
Concessionaire, and the County shall have · continuing lien thereon in the amount of the
cost and expense of such removal and storage until paid, and County may sell such
personal property and reimburse itself for such costs and expense, plus ail expenses of
16Cl ' '
16.
17,
18.
19.
20.
21.
RECORDS. AUDrT. ConcessiVe shall estabr=h and maintain such records as now
exist and may hereafter be p~ by the County in the future to provide evidence
that all tenTts of this Agreement have been and are being observed. The Concessionaire
grants to the County the right and authority to audit all records, dominants, and books
pertaining to the concession operation. Such audit va'Il be conducted at locations and at
a frequency determined by the County and communicated to the Concessionaire. The
~ agrees to provide materfais for the audit at the place designated by the
County within three (3) business days after the County's notice to do so is received by
Concessionaire. afl at no cost to the County.
COOPERATION. The Concessionaire agrees to cooperate with the County in the
conduct of surveys and to provide reports of visitor usage of all concession services.
The County a~all provide ~im with advance notice of any special event and
shall coordinate with the Concessionaire regarding same. County shall provide
Concessionaire with notice of the avallabir~ of plans for any remeder~ng of the fac~T~tles.
II~tEE.G.T].O~. The concessk~ facilities and premises may be ~pected at any t~e by
a authorized representatives of the Director of Parks and Recreation or designee, or by
any other agency having respons~ for inspectio~ of such ope..ra~.ns.
Concessionaire shall undertake Immediately the correction of any def,:bncy cited by
such inspectors.
WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
comPensat~,'t for lo~ or damage mmained by reason of any interference with the
concessk:m operation by any public agency or official in enforcing their duties or any laws
or ordinances. Any such Interference shall not relieve the Concessionaire from any
obligation hereunder.
WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claim~, and demands and forever releases and discharges the County from all
demands, ctakns, actions and causes of action arising from this Agreement, except
~. Com:esslonaire will not suffer or through its actions or by anyone under its
control or supewision, cause to be tiled upon the property any lien or encumbrance of
any kind. In the event any lien is filed, Concess~im shall cause such lien to be
discharged within ten (10) days after wrtffen notice to do so from the County.
24.
25.
ORDERLY OPERATIONS. ETC.. The Concessionaire shaft have a neat and orderly
~ st d times and stm, be screwy respons~H for necessary housekeep~j
services to properly rrmintain the premises. There stroll be no Frying quarters, nor shall
the grace~ of pemomd grooming. Subject to the American with Disab~T~ies Act,
~ire ~all supply competent employees, who are physically capable of
perforating their emgloyment duties and the County may require the Concess~ortaim to
remove an employee it deems careless, ~ insubordinate or otherwise
objeclimmbte ~nd whose contln~ employment on Collier County property ts not in the
best interest of the County. All Concessionaire emp~ shaft wear shirts and shorts
have an experienced manager overseeing the concession operations at all limes when
open for business.
HOURS OF OPERATION. The concession sh~ll be open and properly staffed seven (7)
d~/s per week. The houm of oper~lon stroll be from st least 9:00 A.M. to st least 5:00
P.M. The Concessio~im rosy open st in earlier time and close at a later time subject to
prior written approval of the Director of Parks and Recreation Department. All hours of
operation shaft be consplc~ ~ and easily md by park visitors. .
NO IMPROPER U~E. The Concetaienaim will not use, nor suffer or permit any person
to use in any manner whatsoe~, the cor,:e~sion facilities for any improper, immoral or
offena~'e purpose, nor for any purpo~ In violation of any federal, state, or County law,
ordinance, rule, order or regutstlon, or of any applicable governmental rule or regulation
In Ihe event of any violation of this Agreement by the Concessionaire, or if the County or
i~ aultxxtzed repm~-~a~e ~ deem any comluct on the part of the Concessionaire
C-.once~tah~ fail Io promptly cormc~ any such violation, conduct, or practice to the
H~. ,~H IIIIII IIIIIIIIII '' IIII I II
16C1
28.
27.
28.
29.
31.
32.
PRICES. The Concessionaire agrees that prices and fees charged for concession
rnerchandi~e and services will be competitive with those charged for similar merchandise
and service in the general vicinity of the park. All prices must be displayed and viable by
the Concessionaire' s customers. All such prices and fees must be approved in writing
by the Director of Parks and Recreation or designee. The Concessionaire shall rent or
sell only those items approved in writing by the County.
NO DANGI~ROUS MATERIA[,S. The Concessionaire shall not use or permit in the
fac~T~ies the stcmge of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other
similar substances, or explosives of any kind, or any substance or articles prohibited in
the standard porK:les of fire ineumnce companies doing business in the State of Florida.
DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
ten'ns and conditions hereof and such default is not cured within fifteen (15) days after
written notice is given to ttm Concessionaire, the County may cancel this Agreement and
revoke the privilege of the Concessionaire to come upon the County's property for
purposes for which the concession was granted and may oust and remove all parties
who may be present, or may occupy any part of the premises for the purpose of
exercising any rights so revoked.
NO DISCRIMINATION. Them shall be no discrimination as to race, gender, color, creed
or national odgin in the operations referred to by this Concession Agreement; and
further, tttere shah be no discrimination regarding any use, service, maintenance, or
operation of the premises. All factr~tes located on the premises shall be made available
to the public, subject to the right of the Concessionaire to establish and enforce rules and
regulations to provide for the safety, orderly operation and security of the facirrttes.
TERMINATION. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, Including, but not r~nited to, failure of the
Concessionaire to maintain the approved hours of operation or fa~ure of the
Concessionaire to provide a receipt to each customer for every transaction. The county
shall be sole judge of non-ped~. Further the County may terminate this
Agreement for its convenience by giving the Concessionaire not less than a sixty (60)
day written notice of such intenL During the notifl~ period, both parties agree to
meet its respective contractual obligations In good faith.
COUNTY CONTROLS OF VANDERBILT BEACH CONCESSION. Nothing in this
Agreement will preclude the County from using the public areas of Vanderbilt Beach for
public and/or civic purposes as deemed necessary by the Director of Parks and
Recreation.
VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are
provided. Vehicles shall park only in areas designated by the County for vehicle
33.
4e
35.
FLORIDA I.~W. This Agreement shall be governed by and construed in accordance
with the Law of the State of Florida,
~ The Concessionaire shall provide, at his sole expense, required signs at all
public approaches to the Concession. All signage, advertising and posting shall be as
approved by the Director of the Parks and Recreation Department. Signs that will be
used for advertising purposes shall be constructed and maintained to County standards
as del~ed by the Code Compliance Department. The use of the Collier county Logo is
prohibited.
INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold
the County of CoFfer and its off<em, employees and agents flee and harmless from and
against any and all losses, penalties, damages, settlements, costs, charges, professional
fees or other expenses or liabifities of every kind and character arising out of or relating
to any and all claims, fiens, demands, obligations, actions, proceedings or causes of
action of every kind and character in connection with or arising directly or indirectly out of
this Agreement and/or the performance thereof. Collier county will be responsible for its
sole nagr~gence.
[J~. Before commencing work of any kind (1) the Concessionaire shall
procure the following insurance with insurance companies licensed in the State of
Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager.
Commerclal Gene~l Liability; Coverage shall have minimum limits of $500.000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
cof~tractors; Products and Completed Operations and Contractual LiabFffy.
Workem' Comoensatlen: Insurance covering all employees meeting Statutory
Um~ In compliance with all their applicable state and federal laws.
Soectal Reoutremeftts: Collier County shah be listed as the Certificate Holder and
Included as an Addit~onal Insured on the Comprehensive General Uability Policy.
Current, valid insurance por,:tes meeting the requirement herein identified shall be
maintained by Concessionaire during the duration of this Agreement. Renewal
certificates shall be ~ant to the County at least 30 days prior to any expiration date.
There shall be a 30 day notiftc, atk~ to the County in the event of cancellatto~ or
modification of any required insurance coverage.
~ire shall insure that all of its subcontmctom comply with the same insurance
requirements that Concessionaire is required to meet. The same Contractor shaft
37.
THIS AGREEMENT ehall be administered on behalf of the County by the Parks and
Recreatio~ OeparUTamt. As used herein, the word 'County' shall refer to the
Director of Parks and Recreation unlas~ the context renders such com'm.cl~n
38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component par~, all of which are as fully a part ofl~e contract as if heroin
set out verbatim: All Insurance Certificate; RFP No. 97-2654, and Performance
Bond. In the event that any Terms and Cond~ of the Request for Proposal are
precedence.
IN WITNESS WH~OF, tt~e ~ire and the County, have each, respe~, by
an a~ person or age~t, hereunder set Iheir hands and seals on the date and year ~
Date'S.~ ~ BOARD OF COUNTY COMMISSIONERS
~.~..~; ~.:. ', COLLIER COUNTY, FLORIDA
TIMOTHY/E. HANCOCK, CHAIRMAN
CORPORATE SEAL
10
Legal Description
Ali that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being
~ as follows;
~clng at the southeast comer of Section 32, Township 48 South, Range 25 East.
Collier County, Flora;
!hence along the east line of said Section 32, North (X)',38'-50' West 3437.06 feet to the
Iouthedy rlgM-ofMay line of State Road 5-882 (Vanderbilt Beach Road);
thence along said right-of, way llne North 80~.08'-20" West 1843.02 feet to the POINT OF
BEGINNING of the parcel herein d~;
thence South 60'-32'.23' West 33.49 feet;
thence South 21'-19'-00' East 31.78 feet;
Itmnce ~uth 01'.27'.~,~0' West 40.12 feet;
ttwlce 8outh 22-00'-30' Ealt 34.48 feet;
thence ~uth 84'-15'.40' East 17.00 feet;
thence South 09'-51'.10' East 20.25 feet:
Ifkem:e South 38'-15'-25' Eelt 18.16 feet;
thence ~ 09.,49'-10' E~t 8.95 feet;
thefce South 08°-55'-00' East 6.04 feet;
thence South 04°-33'-35· West 59.22 feet;
thence North 80'-08'-20' West 75.06 feet to the State of Florida Department of Natural
Resourcal Coastal Cof~tz~t~on Control Une (per revised rn~p of record, recorded ,July
29, 'lg80, Collier County, ~):
thence cont~ue Nof~ 80*.08'-20' West 200 feet mom or less to the Mean High Water
thence noW'Mestef~/along Mid Mean High Water Une 241 feet mom or less to a point
ttmnce along laid right, of. way Ine ~)uth 80'-08'-20' East 200 feet more or less to the
80*-08'-20' East 100.37 feet to the Point of Beginning of the parcel hereln described;
]1
. N GHAM
,?My I0. 1997
comer Coumy lk~-~ of Comm~kmm~
~01 Ea~ Tamlami Trail
mpks. F3ot~ 2~1J2
refusal & ~ bJur7
llcf. b G~ Afl
ssoojoo
S S0,000
s I,~Oa Medic~d bpem
D~bc~k.: SNa~
COLLIER COUNTY GOVERNMENT
8UPPO~¥ ~RVIC'"~r.8 DIVISION GENERAL ~.RVI C~.3 BLDG
Purehadal Depeflment SS01 TAMIAMI TRAIL RAST
NAPLE~ FL
(941)
DATE: Hatch 7, 1997
Prospect ire Bidders
Owen Butler, CPPB, Senior Buyer
The Board o! County Ccamissioners, Parks and
Department, Public Services Division, desires
proposals for the above-re£erenced services.
Recreation
to receive
Please refer to the Public Notice contained in the enclosed
proposal package for the time and date of the Pre-proposal
Conference and the Openir~ of this p.~p.
l£ you have any immediate questions regardin9 the
or intended ~ork, ~ ~.~y contact Nr. Oary
Superintendent at 941/3S3 0404. l£ you have
questions, you may contact me at 774-8425.
speci£ications
Francs, Parks
any procedural
He look forward to your par~icipation in this RFP process.
/Ob
VANDERJlLT BF. JUal CONCESSION
lOC1
3:00 p.m.
for proPO~l #g7-2884
7-10
11-12
ZsJ~zx'~ce Requ.(~'emenf:~ , . ......... 17-16
],z'o~em#:ionaZ & Oual:Z£ytng ,"
' Zz~oz'maC:ion (OuemCtozzna:Zz'e). . . . . . 19-20
~oj:,ome~ Cl~eck ~tmc . . . . . . .
· ,. ,,.. 22-2:3
24
Request for Proposal #97-2654 - Vendefbllt Beach Concession'
16C1
NO~CE OF FU8~C F~OFOSAL$
Pursuant to approval by the County Manager, Sealed Proposals for a
Beach Concession at the East Naples Co~nunity Park will be received
until 3:00 p.m. on a. pz~l 11, 1997 at the Purchasing Department,
General Services Building, Collier County Government Complex, Naples,
Florida 33952.
A non-mandatory pre-proposal conference will be held on Maz~ 20, 1997
&~ 10=00 a.m. at the Collier County Parks Administration Office, 3300
Santa Barbara Boulevard, Naples, FL 34116°
All proposers aust complete the enclosed forms requesting pertinent
info~mation relating to the operation of a beach concession. The
submittals will be used by the County in making its evaluation of the
proposals. All proposals shall be submitted in accordance with the
Instructions to Proposers and the Request for Proposal specifications.
Additional copies of specifications will be available from the
Purchasing Department in General Services Building, Collier County
Government Complex, Naples, Florida 33962.
All proposals shall include a proposal security which may be in the
form o£ a cashiers check or other acceptable form of monetary security
in the amount of Two Hundred and Fifty Dollars ($250.00).
The successful Proposer shall be required to furnish a performance
bond in the amount of Two Thousand Dollars ($2000.00) which shall be
~equired p~ior to the signing of the Agreement and shall be in
faithful observance of this Agreement.
The Perfo~sance Bond shall be either executed by or countersigned by a
licensed resident agent of the surety os insurance company having its
place of business in the State of Florida. Further, the said surety
or insurance company shall be duly licensed and qualified to do
business in the State of Florida. Attorneys-in-fact that sign
Perfo~nance Bonds must file with each bond a certified and e£fective
dated copy of their Po~er of Attorney.
Request for Proposal ~g7-2654 - Vanderbilt Beach Concession'
INS~ON TO I:~OPOS~R
Collier County, in a program to provide a beach concession operation
the citizens and visitors of Vanderbilt Beach, is seeking a
qualified concessionaire.
EFALUATIOII OF l~to~og~lJ~g ,., SFLtCqTTON FACTORg
The general Contract Terms and Conditions set forth criteria which
will be used in the receipt of proposals and selection of the success-
ful firm. In addition, the criteria set forth below will be
considered.
A Belection Co~nittee, appointed by the County Manager, will
independently evaluate each proposal, and selection will be made on
the basis of the criteria listed below:
1. Answer All Ouestions on RFP= Proposer shall answer all questions
on the .proposers 0ualification Forms as well as provide all
information requested on Page 11 Scope of services, paragraph
titled Concession Operation. A Firm answering all questions and
providing detailed information shall receive a maximum of ten (10)
points.
2. Oualifications and Rx~erience in Overatina a Concession Rating
Shall be based on information provided on experience in the
operation of a Beach Concession. A firmwho has direct experience
with this type of service shall receive · higher rating than a
vendor who, for instance, has worked in a food management
operation (maximum of 2S points).
3. Overall Comoletensas. Claritvand Ouslitv of Pro~osal= Rating
shall be based on overall completeness and clarity of proposal. A
proposal that clearly indicates past experience, similar contracts
that are no~ in effect, proposers proposed method of operation to
include sketches of any i~prove~ents that may be made and
references shall receive · etaxtmum rating of ten (10) points.
4. Percentaoes Offered= ~ach proposal shall include the percentages
offered and the minimum monthly ~uarantee. The percentages shall
be compared to the other proposals. The Concessionaire who offers
the highest percentages and minimum monthly guarantee shall
receive a maximum of 2S points. A proposer who offers lower
percentages aha11 receive correspondingly leas points.
5. ~&IgXI;][~ A sample of the vendor's monthly report of activities
shall be submitted along with the proposal. Rating aha11 be baaed
on info~nation contained within repo~c, ease 'of uss, ~ the
rating shell be worth a maximum of five (S) points.
Request for Proposal 197-2654 - Vanderbilt Beach Concession'
Ooerational Concerti and Planet The proposal will be evaluated
based on proposed operational plan. The operational plan shall be
ccNapared to ocher vendors proposed plans. The plan Chac is most
advantageous co Collier County shall receive a maximum racing of
25 points.
Collier County procedure for selection is as follovs=
Request for Proposals solicited.
2. Receipt of Proposals.
The CounCyHanager shall appoint a Selection cc~ccee to
pre-qualify all ~roposals submitted.
The ccxnmitCee e~nbers shall score each Proposal in accordance
rich the rating attached, and may, ac ~heir discretion, schedule
presentations fro~ the top-ranked firms.
The committee ~embers viii rank qualified fermi and Begin
negotiations rich the Cop-ranked fem. Should Collier CounCyBe
unable to negotiate a satisfactory contract considered to be the
most qualified at a price the County deteminee Co Be ~air,
coe~etitive and reasonable, nec2ociations shall Be formally
Cer~i~ced and negotiations undertaken with the second most
qualified firm. FailAng accord with the second most quali£ied
firm, the County shall Cerminate negotiations, an~l under~ake
ne~otiationJ vith the third ranked fem.
Upon the euccese£ul co~letion o£ negotiations, a Contract shall
Be ctrawn up for £inal approval by the goardo£ County
~ssioners vhola¥ request a presentation by the Cop-ranked
firm(s).
Request for Proposal 197-2654 - Venderbflt Beech Concession'
G~NERAL CONDITION9 AND INSTRUCTIONS TO PROPOSEI~
t~OPOSAL SUBMISSION: The procedure outlined in the Notice of Public
Proposal emst be followed. Proposers must sub, it the proposal
together with the required forms and Contract Proposal.
Submit the original and five (5) copies of the aforementioned
documents to the Purchasing Director, the original signed in blue ink
and ~bmitted in a sealed package along with all copies, on wh/ch
shall be shown ~he name of ~hs proposer, proposal opening date, p_wp
nmaber and title on r. he outside of the proposal package.
The proposer should retain one color of the proposal. Whether
forwarded by mail or personally delivered, the above-mentioned
envelope must be received 1~/ the Office of Purchasing Director prior
to the date and time stated in the Advertisement for Proposals.
The County assumes no responsibility for proposals received after the
due date and time, or at any office or location other than that
· pecified herein, whether due to mail delays, courier mistakes,
mishandling, inclement weather or any other reacon. Late proposals
will be held, unopened, and will not be considered for award.
REQUIRED DOCUMENTATION~ Failure to execute a Contract, furnish
evidence of appropriate ~n~urancs c~verage, as provided herein, within
ten (10) days after written notice of award has been given, shall be
Just cause for the annulment of the award and the forfeiture of the
RFP Security to Collier County, which forfeiture shall be considered,
not as a penalty, but as a liquidation of damages ~ustained. Award
· ay then be made to the next-ranked responsible bidder, or all bids
~aybe rejected.
~ROPOSA£ FORM= Each proposer must submit the co=pieced Proposal
For~ included in this Request for Proposal.
~NG/~ PR~L~ Only one proposal from a legal entity will be
considered. If it is found that a proposer ie interested in more than
one proposal, all proposals in which such a proposer is interested
will be rejected.
~CEPROPOSAL= When required, prices shall be stated in both words
a~d figures in the appropriate places in the Proposal Form. In the
event that there is a discrepancy between the price written in words
and the price written in figures, the former shell govern.
Request for Propo.al 197-2654 - V.nderbilt Beach Conceasion'
QUALIFICA~ON FORM: ;.ach proposer must complete and submit the
Proposer Qualification Form included in this Request for Proposal.
Evidence that the proposer is fully qualified and competent to
complete this project is required.
Prospective proposers shall disclose any record of pending lawsuits,
criminal violations and/or convictions, etc., and shall not have
conflicts of interest u~er Chapter 112, Section 112-313, Paragraphs 1
through 7 of the Wlorida Statutes, and agrees that they will fully
ccxnply in all respects with the terms of said laws.
p~JECTiON OR ACCEPTANCE OF PROPOSALS: .The right is ~eserved. b~.
~ilier County to waive any irregularities in any proposal, to re3ecc
any or all proposals, to re-advertise for proposals, if desired, and
upon recommendation and
proposal which in the ~udgment ot
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which
contains irregularities of any kind, may be cause for rejection of the
proposal. In the event of default of the successful proposer, or hie
refusal to enter into the Collier County Contract, the County reserves
the right to accept the proposal of any other proposer or to re-
advertise using the same or revised documentation, at its sole
discretion.
pI~OTECTION OF RIGHTS OF COUNTY= The County reserves the right to
include in any contract document such terms and conditions as he deems
necese&ry for the proper protection of the rights of Collier County.
~udge ~or hi,elf all ~c~ers
c~rac~er of ~he semites he agrees ~o ~rfo~. Ii ~he p~ser
s~ld ~ of ~he ~inion ~ the ~aning of any pa~ of the P~sal
~~n~ Is d~btful, ob.~re or contain~, e~ror~ o~
s~ld re~r~ such ~inion or ~inions to ~ne ~rcnaszng Dzreccor,
~cessa~, co all pro~ctive pr~sers ~ore pr~sals are ~iled
with ~ ~ard of C~y C~issi~ers.
~ re~ible for oral tnte~re~a~ion given either ~ ~el~ or
~rs of his e=aff~ the issu~ce of a
only official ~2~ where~ ~ch inCe~retaCion will ~ given.
~D~WAI OF~~I: NO pr~sal can
filed ~ess the preset ~kes his re.es= in wi=lng to =he
~rchsi~ Director prior to the tim set for the ~ning of pr~sal,
or uless the ~rc~si~ Director fails Co accept i= within sixty (GO)
~ys after tM ~ce fi~ for o~ning of pr~sal.
Request for Proposal 197-2654 - Venderbilt Beach Concession'
PROTEST_PROCEDURE.q: ~ny actual or prospective respondent to an
Invitation to Bid or Request for Proposal who is aggrieved with
respect to the former, shall file a written protest with the
Purchasing Director ~ ~o the opening of the Bid or the due date
for acceptance of Proposals. All such protests must be filed with the
Purchasing Director no later than 11:00 a.m. Collier County time on
the advertised date for the opening of the Bid or the acceptance date
for the Request for Proposals.
Award of contract will be made by the Board of County Commissioners in
public session. Award recommendations will be posted outside the
offices of the Purchasing Department on We. dnesdays and Thursdays. Any
actual or prospective respondent who desires to formally protest the
reco~ended contract award must file a notice of intent to protest
with the Purchasing Director within two (2) calendar days (excluding
weekends and County holidays) of the date that the recommended award
is posted. Upon filing of said notice, the protesting party will have
five (5) days to file a formal protest and will be given instructions
as to the form and content requirements of the formal protest. A cop~
of the "Protest Policy" is available at the office of the Purchasing
Director.
EXPENSe'S INCURRED IN PREPARINO PROPOSAl: The County accepts no
responsibility for any expenses incurred in the proposal, preparation
and presentation, such expenses are to be born exclusively by the
proposer.
~dt~' Al1 firms are hereby placed on ]E~ that the Board of
County Commissioners does not wish to be lobbied. . .either
individua]Lly or collectively. . .a~= a p~Jec= for which a rim
su~/tted a ~8al. FL~ a~ their agents are not to c~tact
~rs of the C~ty ~LIsL~ for ~ch ~ses as ~e~Lng or
~n=r~uction, l~cheone, di~erl, etc. ~ri~ the pr~ess,
~eal elosL~ to f{~l ~ard a~a], no fL~ or 2heir agent s~11
c~=ac= any other e~l~ee of ~llLer C~=y in re~erence
~eal, with the exception of =he ~rc~s~ng Director or
des~ee(s). Failure ~o ~ide ~ ~hLs p~LsL~ ~y se~e as
f~ ~~lLfica=lon for a~rd of ~hLe c~trac= ~o ~ fL~.
~AYZON: Should the contractor be found to have failed to
perform his services in a manner satisfactory to the County as per
Specifications, the County may terminate this Agreement immediately
for cause; further the County may terminate tkie Agreement for
convenience with a seven (7) day written notice. The County shall be
sole :Judge of non-performance.
Request for Proposal 197-2654 - Vanderbilt Beach Concession'
~RFORM.~L~I~_~8OND: The bidder agTees, should he/she be successful in
award, to furnish the County within ten (10) consecutive calendar days
after written notice of award has been given, a Performance Bond in
the mnount of Two Thousand Dollars ($2,000) or any other tern of
''surety~: .i: executed with a surety insurer being an approved reputable and
.responsible firm licensed to do business in the State of Florida to
guarantee the faithful observance of this contract in strict accord
with the Contract Specifications and other documents. All performance
security shall be continued to a minimum of six ($) months past the
co~pletion of the project under this contract.
Each proposal shall be acco~panied by a Two Hundred and Fifty Dollar
($250.! RFF security in the for~ of a cashiers check, bid bond,
irrevocable letter of credit, cash or other form of security
authorized by the Purchasing Director. Collier County reserves the
right to re~ec~ any and all security tendered to the County. RFP
security will be returned within thirty (30) days after Collier County
and the accepted proposer have executed a written contract.
ADDFIYONAL IA'FORMA770Nt Other than minor procedural matters,
questions regarding this proposal must be addressed to=
Mr. Gary Franco, Parks Superintendent
P~rks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 34116
Telephone (941) 353-0404
Request for Proposal 4'97-2654 - Vanderbilt Beach Concession'
Introduction
Vanderbilt Beach is located on the western end of Vanderbilt Drive.
The beach facility includes 1100 feet of recently resCorated beach
area along with site amenities such as showers, handicapped board walk
and restroom facilities. The beach is open sunrise to sunset.
The County is looking for a Concessionaire to provide the sale or
rental of u.~brellas, tubes, rafts, floats, cabanas, beach related
· undries, and any other services that the Concessionaire wishes to
propose. No food or beverage will be allowed at this concession
location. The Concessionaire is prohibited from renting sailboats or
ar~ type of motorized boat.
There is no building available for operation of a concession at this
location~ however the concessionaire may construct a chickee hut
utilizing standard construction codes set by the County Building
Department. The Concessionaire shall not conduct any other business
on County property without specific written authority of the Board of
County Commissioners.
Hours of OveratiQn
During the term of this Agreement the concession operation shall be
open and properly staffed seven (7) days per week fro~ 9:00 a.m.
through St00 p.m. All scheduled hours of operation must be approved
by the Director of the Parks and Recreation Department.
Zonina Reauirements
Parks and Recreation, in conjunction with the County Zoning
Department, has determined that the zoning at Vanderbilt Beach doesn't
need to be changed to accc, umodate storage of equipment on the beach
and in the parking area. The zoning is considered a compatible
accessory use which allows for commercial activity at the beach
location (i.e., storage of chairs on beach).
Concession ODeraCion
The proposer shall provide a narrative fully describing his/her
proposed operational concept, financial commitments and plans in
regard to the operation of the facility. Proposals for operation and
any capital improvements shall, at a minimum, include the following:
a)
Hours of operation;
Request for Proposal #97-2654 - Vanderbilt Beach Concession'
b)
c)
d)
e)
f)
g)
h)
Proposed staffing levels;
Provide a chart outlining all services to be provided and the
time. frame for each service to be fully operational at the
concession site;
Indicate the amount of capital funding that will be provided by
the concessionaire and the source of this funding;
Provide a fee schedule for products and services that will be
sold to the public;
Provide resumes for all persons who will be involved in the
business and actual operation of the concession;
Provide at least three (3) references (name, address, and
telephone number) on co~parable concession operations.
Describe services provided for this concession operation;
Provide a list of similar contracts that are currently in
effect.
Request for Prormsal #97-2654 - Vanderbilt Beach Concession"
FURPOSE OFAGREEMEIVT, The Agreement shall be for the sole purpose of
operating and managing a concession operation. The Concessionaire
shall not conduct any other business on County property without
specific written authority of the Board of County Commissioners.
SUM PAYABLETO COUNTY: The Concessionaire shall pay to the County a
stated percentage of gross receipts or minimum monthly guarantee.
Said rental percentage shall be paid to the County by the 15th of each
month for the preceding month, and said payment shall be accompanied
by a statement of gross receipts for the preceding month. It is also
understood chat the applicable Florida State Sales Use Tax on rental
payments shall be added to the Concessionaire's rental payment and
forwarded to the County as part of said payments. It is the intent of
the County that it is to receive the rental amount as net, free and
clear of all costs and charges arising from or relating to said
demised premises.
GROSS RECEIPTS: The term "gross receipts" is understood to mean all
income collected or accrued, derived by the Concessionaire under the
privileges granted by his Agreement or other document entered into
with the County, excluding amounts of any Federal, State or City sales
tax, or other tax, collected by the Concessionaire from customers and
required by law to be remitted to the taxing authority.
AUDITING OF ACCOUlYT$: The Concessionaire shall, upon demand, make
available locally, books of account and financial statements to
authorized representatives of the Office of Internal Audit of Collier
County.
UCENSES AND TAXES: The Concessionaire shall be required to obtain
and pay for all necessary licenses for this operation. Me shall be
solely responsible for payment of any and all taxes levied on his
operation.
~MPI. OY~? QUAUFICA~ONS: The Concessionaire shall employ people to'
work at this facility who are literate, neat, clean, well-groomed and
courteous and wear a uniform of the company.
Request for Proposal #97-2654 - Vanderbilt Beach Concession'
General Requirement# (Cont/nuedl
TERM OFAGREEME~T: The term of the Agreement between the County and
the successful proposer shall be for a period of three (3) years from
the date of approval by Collier County's Board of County Commissioners
and shall be renewable upon satisfactory performance by the
Concessionaire for a period of two (2) years under the same terms and
conditions, subject to approval of the Board of County Commissioners.
The County shall give the Concessionaire written notice of its
intention to extend the Agreement no less than ninety (90) days prior
to the end of the existing Agreement. The Concessionaire must notify
the County of his/her intent to accept the Agreement extension not
less than sixty (60) days prior to the end of the existing Agreement.
CASH REGISTERS: The Concessionaire must use point-of-sale electronic
cash machines or other electronic accounting control equipment for the
proper control of cash payments. Cash register tapes must be
maintained and made available upon demand during the entire term of
the Agreement with Collier County. All electronic cash equipment and
accounting procedures must be approved by the Collier County Finance
Department. All sales must be accompanied by a receipt to the
customer.
OPERATIONAL CONCEPTS: The successful Concessionaire must obtain
written approval from the Director of Parks and Recreation or his
authorized representative for any and all changes in operational
concepts as set forth in his Proposal
MAINTENANCE AND REPAIRS: The Concessionaire shall, to the
satisfaction of the Director of Parks and Recreation or his
authorized representative provide normal and routine daily, monthly,
yearly maintenance of the facilities, designed to keep the premises
and equipment in a good state of repair, free from hazardous
conditions and deterioration, thus providing for the comfort and
safety of visitors and patrons.
~: The Concessionaire shall provide any security measures
which may be. required to protect his/her area and his/her equipment
materials and facilities. '
TRASH. RUBfl/SHAND GARBAGE REMOVAL: The County will provide all
garbage, trash and rubbish receptacles vithin the confines of his
area. The Concessionaire shall be responsible for the pickup and
removal of ali rubbish, trash and garbage including removal of trash
from the concessicn area to the dumpster. The Concessionaire agrees
to perform daily removal of litter in the immediate exterior area
within fifty (50) feec of the beach concession.
AS,'~fGNMENTOF CONCESSION AGREEMEtI~', The Concessionaire shall not,
at any ti~ during the tenure of the Agreement, sublet any par~ of
th~s Agreement or assign any portion or part of it, except by virtue
of written permission granted by the Board of County Co~missioners.
Request for Proposal t97-2654 - Vanderbi~t Beach Concession'
Geweral ReoutrementJ I~1
NON-DISCRIMINAtOr: There shall be no discrimination as tO race,
sex, color, creed, age or national origin in the operations referred
to by this Management Operations Agreement; and further, there shall
be no discrimination regarding any use, service, maintenance, or
operation of the premises. All facilities located on the premises
shall be made available to the public, subject to the right of the
Concessionaire to establish and enforce rules and regulations to
provide for safety, orderly operation and security of the facilities.
~_~: The Concessionaire must provide and maintain, at his own
expense, all equipment required to operate the Beach concession. The
Concessionaire shall have the right to use County equipment,
furnishings and fixtures that may be presently used in conjunction
with the operations. Any equipment that is lost, stolen or damaged
shall be replaced or repaired at the expense of the Concessionaire;
ordinary wear and tear is expected. Upon the expiration of the
A~reem~nt, the Concessionaire shall quietly and peacefully, redeliver
said inventory to the County.
~: A monthly report of activities submitted to the Parks and
recreation Department by the 15th of each month. This report can be in
the form developed by the Concessionaire and approved by the Director
of Parks and Recreation or his authorized representative. The report,
as a minimum, shall include hours of operation, daily attendance
figures, and weather conditions, etc. This report shall accompany the
monthly statement of gross revenues and will be subject to audit.
~PPEARANCE OF PREMISES: The Concessionaire shall have a neat and
orderly operation at all times and shall be solely responsible for the
necessary housekeeping on and around the beach concession including
the daily cleaning of the restroom facility. Concessionaire shall make
available all areas under his control for examination at any time by
the County Manager or his authorized representative.
RESTROOM$= The County will furnish to the vendor all materials
necessary to clean and supply restrooms. The concessionaire shall
clean restrooms (sweeping, mopping, cleaning of sink, toilet bowls,
urinals, restocking, and emptying trash containers) two times daily;
one time prior to 8:00 a.m. and second time mid-afternoon.
PU~LICUSE OFFAClLITIESz The atcention of prospective proposers is
directed to the fact that the Concessionaire shall be responsible to
the Director of Parks and Recreation Department for the satisfactory
and courteous operation of his concession.
Nothing in this Agreement shall preclude the County from using the
public areas for public and/or civic purposes as deemed necessary.
Request for Proposal 4'97-2654. Venderbilt Beach Concession°
P'a~e 16
g~neral ~e~uir~sen t~
MANAG£RIAL SERVIC~$; The Concessionaire shall have an experienced
manager or ~anagers overseeing the facility. Conduct of the employees
of the Concegsionaire shall be subject to reasonable regulation by the
Director of Parks and Recreation Department.
ADVERTISINGANDSIGNSl The Concessionaire shall provide, at his sole
expense, required signs at all public approaches to the facility. All
signage, advertising and posting shall be approved by the Director of
Parks and Recreation or his authorized representative.
CLOSURE OF FAClUTIE$-LOSSOF EQUIPMENT: If closure of the facilities
or loss of equipment to some but not all of the facilities or
equipment due to fire damage, flood, hurricane, civil disorder,
strikes, act of God, etc., the County will allow pro-rata adjustment
of ~nthl¥ payments ups to the time the damage is repaired or other
circumstances return to normal.
· EGINNING OF OPERATIOn: The successful proposer shall be open for
business to the public no later than thirty (30) days after the
approval of the Contract by the Board of County Commissioners.
Request for Proposal ~97-2654 - Vanderbilt Beach Concession'
16C1
Pa~ 17
Collier County
lneur&nce Requirements
X 1. Worker's Compensation Statutory Limits of Florida
Statutes, Chapter 440 and all
Federal Government Statutory
Limits and Requirements.
X
X
N/A
N/A
2. Commercial General
Liability (Occurrence Form)
patterned after the 1985
I.S.O form with no limiting
endorsements.
Bodily Inturv & Property ~
500.000 Single Limit
Per Occurrence
3. Indemnification: The Contractor/Vendor, in consideration of
Ten Dollars ($10.00}, the receipt and sufficiency of which is
accepted through the signing of this document, shall hold
harmless and defend Collier County and its agents and
employees from all suits and actions, including attorneys'
fees and all costs of litigation and Judgments of any name
and description arising out of or incidental to the
performance of this contract or work performed thereunder.
This provision shall also pertain to any claims brought
against the County by any employee of the named
Contractor/vendor, any Subcontractor, or anyone directly or
indirectly employed by any of them. The Contractor/Vendor's
obligation under this provision shall not be limited in any
way by the agreed upon contract price as shown in this
Contract or the Contractor/Vendor's limit of, or lack of,
sufficient insurance protection. The first Ten dollars
($10.001 of money received on the contract price is
considered as payment of this obligation by the County.
This section does not pertain to any incident arising from
the sole negligence of Collier County.
4. Automobile Liability
Owned/Non-owned/Hired
Automobile Included
Each Occurrence
5. Other Insurance as indicated below:
a) Professional Liability $
Request for Proposal #97-2654 - Vanderbil! Beach Concession'
COLLIER COU~ FLOitIDA INSU~ REQU~REM~S
(Continued)
X 6.
X 7.
X 8.
X 9.
X 10.
Contractor shall insure that all subcontractors comply with
the same insurance requirements that he is required to
meet. The same Contractor shall provide County with
cez~cificates of insurance meeting the required insurance
provisions.
Collier County must be named as 'ADDITIONAL IN,UP, ED' on the
Insurance Certificate for Commercial General Liability.
Collier County Board of County Commissioners shall be named
as the Certificate Holder. NO%E--The 'Certificate Holder'
should read as follows:
Collier County
Board of County Co~,issioners
Naples, Florida
No County Division, Department, or individual name should
appear on the Certificate. No ~ ~ will be
~'nirty (30) Days Cancellation Notice required.
The Certificate must s=ate the Bid Number and Title.
We understand the insurance requirements of these
specifications and that the evidence of insurability may be
_~ed within five (5) days of the award of bid.
Request for Proposal #97-2654 - Vanded3ilt Beach Concession'
~ 19
pROPOS~It ~<rALZI~C~T~O~ FORM
~ddress: _ $~.
City:
Telephone:
t~x Numb.:
State ~'~-. ZIP
TYPE OF CONCESSION EXPERIENCE -
_~,rienc,e~ etc. ):
~ OF
~, ~ration/Years in Business:
- partnership/Years ~n Bus,ness:
' Sole Pr~rietornhip/Years in Bus~ness:
(food management operation, Concession
Years o[ Experience
in Work Listed
I.¢. ~ ~,,..,. ~c
Title
Ck.-.',- I ~, ~. ,d~'~
Bank(s) Maintaining Account (s):
Surety/Underwriter: (if required)
Other References: ~ "r r..'.'/' !'" ' ..... ,~'~"
~., f' ,.., :,,..~, :~,,
Request for Proposal #97-2654 - Vanderbilt Beach Concession"
Pa~ 21
THIS ~HEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
I M P O R T A H T: Please read carefully, sign In the spaces
Indicated and retum with your bid proposal
PROPOSER CHECK LIST
7. If rmq~. ~ amount of bid bond has been checked, and the bid bond or
Board of County
Colber Coun~ Gcwemmen! Center
3~1 T~ T~
Na~, ~ 33~2
ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND
Date
Request for Proposal 197-2654 - Vanderbilt Beach Concession'
C!
CONTRACT PROPOSAL
BOARD OF COUNTY COMMISSIONERS
RE: Requeat for Prolx~al~ 1~97-2654 - 'Vanderbilt Beach Conces~ion'
per~o~, company or partie~ interested in this Proposal orltm Contract to be entered Into as
prindpa~ am named herein; that lt~ Propo&al is made without connection with any other
company or companies making a Propcaal; and it is in all respects fair and in good
The ~ to be furnished by us is hereby dectared and guaranteed to be in conformance
with the N~:it~cattons of the County.
Pen:entages: An amount equal to the indicated
~ of all gro~ receipt= (except =ales tax),
m ttm minimum monthly guarantee in a dollar
amount whichever is greater, derived from the
operalJon of said concessions payable monthly
$. 15- %
Minimum Monthly Guarantee $ ~C7~;7
Proposal continued on next page...
Pal~ 23
Request for Proposal #97-2654 - Vanderbilt Beach Concession'
It is understood by the proposer that the County reserves the right to reject any or all
proposals, to waive formar es, technical'rties and irregularities, and to re-advertise.
The proposer further understands that the County retains the right to withdraw all or any
portion of County property thereto from terms and conditions of the Concession Agreement
upon giving the concessionaire ninety (90) days written notice.
Firm ~'r Legal Name
t~c.
~ration-~, ,artnership, sole
prOprietorshi'p, (Circle one)
Phone No.
Address ~0 ~'.~-x:~ c~,.~ ~.
Cityand StateTJp AJcf~-'~ Ft.
/ ~ ~ d Wrttten ''
Request for Proposal 197-2654 - Vaflderbtlt Beach Concession'
NON-PROPOSER'S RESPONSE
For purposes of facirCating your firm's response to our RFP invitation, we are interested in
~sce~ining reasons for prospective prophet's fa~ure to respond to RFP invitations.
If your firm is not responding to this RFP, please indicate the reason(s) by checking any
appropriate items(s) listed below and retum this form to Mrs. Gwen Butler, Senior Buyer,
Collier County Purchasing Departme~ County Government Center, Building "VV", Naples,
Florida 33962.
We am not mspo~ing to tht~ RFP invitation for the following reason(s):
Sef~ces or materials requested not manufactured by us or not available to
our cornpem/,
Not clearly unde~ood, NOt applicable, Too vague, Too rigid,
Insufficient time allowed fo~ preparation of RFP;
Irx:orre~ addre~ used. Please coe'ect mailing address:
reason(s):
Name of Firm:
Maiing Adding:
City, State, ZIP:
Phone( ) ...FAX
By:
Signature of Representative
16Gl
COUNTY CO~IS$1ONE~
MISCEL~OUS CORRESPONDEHCE
DECENmER 16, 1997
FOR BOARD ACTION:
I. IdtSCF_ I-I-ANF-OUS I i,c-A4S TO FILE FOR RECORD WITH ACTION AS DIREC'fl!D:
. ~ snd a~d~ of th~ Octob~
?, 199V ~
mrtt~e Ch~=~ Community Deve, opm~t ~- ~ ofAprD 3,4, ~0, 2L
Jun~ 9, ![, 23, Attgust I[and 19, 1997.
Port ofth~ Islands Community Im~m~ Distt~ - m~ma~s of August 21 and
~ 16, 1997 mee6n~.
A. Affo~lable Housing C~ ' minutes of Dect'mber 12, 1996, January 27,
Ma~ch ! 7, Mny 19, 1997, P.~'m-ed to BCC.
B. Emerg~ Medk~ S~wic. es Advisory Council - agenda for November 24, i 997.
C. Co~e Enforcement Board - South - rninu~ of ~ber 12, and October 10,
1997. i~fi:rr~ to BCC.
of Octob~ 22, 1997 ~ l~-fm,~d to BCC.
E. L~ly Oolf Estst~ lksmiflcstio~ Adviso~ Committ~ - agemta of Nowmb~r 14,
1997 snd minut~ of~ I0, 1997 meeting. R~m.~to BCC.
F.Psrk.s & ~ Advi.socy Bosrd - s~mds ofNov~mb~ I~, 1997 ~xi minut~
of ~ 22, 1997. RMen~ to BCC.
O. Pelican Bay MSTBU ~ Committee ' agenda ofN°vember 12' 1997 and
minut~ of~ 1 and 31, 1997. l~femsl m BCC.
H. Planning Commission - ngendn of N~~ 20, 1997 and m~--w*~- °f~ 16,
1997 meeting. P,z-fert~ to BCC.
NO.~
DEC 16 1997
16Gl
Productivity Committe~ - minute~ of(k-tobo' I~, 1997 mee~$. Referred ~o
BCC.
Technical Advisory Committee & Citizena Advisory Committee - agenda of
November 19, 1997 ~ mlnm~ of October 22, 1997 meeting. Rcferr,zd to BCC.
Th~ Area Agox'y on Aging for Southw~ Florid~, Inc. - Collier County Services
fo~ Scnior~ for Hom~ Car~ for th~ Eld~dy O'IC~ - quarterly monitoring visit
rqx~t. Rd~'n~t to BCC.
Leuer from Guy Carlton rd'ermdng dism'bution r~.ap of Current Ad Valorem
T~x ~md Non-Ad Valorem ~ ~howing year to date m~!~ of taxea collect
of discount for 1993, 1994, 1995, 1996 md 1997. Referred to BCC.
RECEIVED
Ag~.~u~ c~ ~4'~0 ~.x.a~ ~- ~ ~(m~) 4ss.4~o. FAX ~) ~s.2~ms~es4'~41te'~rd of (~ounty Coc~,,~ssfg~ers
A~ZNDA
~OA~D OF ~II~EK~ISO~J~
10th Business Meeting 1997
October 7, 1997
1. Ca1! co order
2. Roll call
3. Dispos£tton of minutes 9/8/97
4. Reports
a. Financial Report
b. D. C. Report
c. MIL Report
d. Field Rep Report
Chemical mixing centers
5. Old Business
NACD survey replies
6. New Business
a. NACD n~eting, Columbus, Ohio
b. Poster and Speech-wri=ing contests
c. Fund raising
7. Ocher Business
8. Nex[ meeting date
9. Adjournment
MisC.. Cofre~
To:
1661
Collier 8oil & #atsr Conservation District
Board o£ Supervisors
October 7, 1997
Supervisors present:
Robert M. Griffin, Chairperson
Laurie L. Mitchell, Vice-Chairperson
Sean P. Morton, Secretary/Treasurer
Supervisors absent:
Norman Whitney
Gregor~ Zak
Staff present:
Karen Toner, Administrative Assistant
Others present:
Anthony Polizos, Natural Resources
Conservation Service (NRCS)
William Jolly, Bureau of Soil &
Water Conservation
Robert Sirra (Past Chair, CSWCD)
The meeting was called to order by the Chair, Rob Griffin,
at 4:03 p.m. at the Golden Gate Community Center; the roll
was called. Sean Morton moved to approve the minutes of the
September 8, 1997, meeting. Laurie Mitchell seconded the
motion and the motion was passed.
The financial report (attached) was given by Sean.
Tony Polizos gave the District Conservaticnist (D.C.) report
(attached). He pointed out that much of his time had been
spent on £QIP and that 2 contracts were approved by Farm
Services Agency. His report included his observation of two
chemical mixing center, with Bill Jolly and notation of
progress on the survey in South Golden Gate Estates.
Tony reviewed the Mobile Irrigation Lab (MIL) report, noting
that the 4th quarterly report was provided (attached). The
amount of water conserved was noted as well as the fact that
the quota in the MIL agreement had been met, with respect
shown the team and their work throughout the field along
with co, lets support from the growers. Tony noted that no
negative input has been received, including from the urban
aspects, and advised that the program has been funded again
for the next two years at the current level. A discussion
followed regarding the excellence of the team's work.
Next on the agenda was the Field Rep report (attached),
given by Bill Jolly. The report included information on
four chemical mixing centers at golf courses in Collier
County. A colleague from Tallahassee, a representative from
Department of Environmental Protection, and Bill will be in
Collier County October 17, with a final inspection at the
Wilderness Country Club. Bill advised that a Demonstration
Day, coordinated through the Extension Service is needed.
The role of the District is promotion; Tony and his agency
can provide technical advice since the District is involved.
It was decided that Rob will attend. Tony will contact
Extension Service. Laurie was appointed to represent the
District at Barefoot Beach Preserve on October 17 for review
by a land management team, under HBlllg.
Under old business was consideration and review of the
responses to the NACD (National Association of Conservation
Districts) survey. Tony suggested using these in
development of a long-range plan. The information could be
used at the next EQIP meeting to establish priority areas.
Tony reported on the felican Bay MIL. There is considerable
interest on the part of their representative and commitment
to the project to satisfy DEP requirements. Tony's
recommendation was to have an agreement with them to do the
work required, probably over the next two years.
Next on the agenda was the NACD Urban Conference in
Columbus, Ohio. Rob felt that he could attend and save the
District money by staying with his family, and that he was
informed by Bill Jolly that the meeting was advisable and
that Bill himself would be attending. Laurie stated that
she was purchasing airline tickets and so could save the
District airline fare. After some discussion, Rob moved
that Laurie be. approved to attend the meeting and to approve
the registration costs and hotel room for 4 nights, and the
state per dlem rates for travel for meals. Sean seconded
the motion and the motion was passed.
Next considered was speech/poster contest. Bob Sirra
pointed out that in the past there was no participation from
the public school, only the home schooling group. Bill
advised the board not to waste time on a speech contest.
Laurie reported on her meeting at the CEEC (Collier
Environmental Education Consortium), noting that it was
their suggestion to write John Egana a letter regarding the
speech contest. Scan suggested a letter to the Parent
Teachers Association, in care of his mother, Linda Morton,
who is involved with the PTA. Rob suggested a letter to
her, to Bob Sirra, and to John Egana with information about
the speech and poster contests. Sean so moved and Rob
seconded the motion and the motion was passed. Laurie
mentioned the Envirothon and the Consez-vancy's interest in
it.
Fund-raising was next on the agenda and Laurie provided an
NACD car tag as a suggested fund-raising item.
The next meeting date was set at the regularly scheduled 3rd
Wednesday, November 19, 1997.
The meeting was adjourned at 5:40 p.m.
1651
COLLIE~ SOIL & ~ATER CONSERV&TION DISTRICT
Financial Re~ort
Beginn£ng Balance
Expenditures
Salaries
Employee taxes
Insurance
Office supplies
Other supplies
Postage
MIL phone
Checking acct. service chg
Total Expenditures
Plat Directories
Interim Soil Surveys
Sales tax
Shipptn9 and handling
Checking acct. interest 7/97
Total Receipts
$66,783.92
3,933.00
300.90
273.00
231.93
66.97
100.00
57.57
1.20
$4,978.07
105.00
160.00
15.90
10.00
40.48
$ 331.38
·ndfng balance ae o£ 8/31/97
16(31
SOIL & WATer CONS~TIONDISTRICT
9/x/97 - 9/30/97
BogLnning Balance
Exoend£cures
Salaries
F~ployee taxes
Insurance
Office supplies
Printing/advertising
Postage
Mastership dues
MIL phone
Plat Directory remittance
Total Expenditures
Plat Directories
Interim Soil Surveys
Sales tax
Shipping & handling
Checking acct. interest 8/97
Checking acct. interest 9/97
Total Receipts
$$2,137.23
3,568.23
272.99
498.00
20.73
297.81
100.00
25.00
13.57
$ 4,985.33
175.00
160.00
15.90
15.00
38.77
444.87
· nding balance as o£ 9/30/97
$57,596.77
16Gl
Naples Field Office
OctoDer 7, 1997
Location
IrrioationSvstema Desion Assistance
*Topiary Creations 3
*Williams Farms 42
Circle M Farms 1000
Paul Grove 100
Conservation Plans
Circle M Farms 1492
*W. Osment 80
,Williams Far~s 100
*Topiary Creations 5
~hemical Mixing Centers Assistance
Wilderness Golf Course 1no.
Pelican Bay lno.
Sec. 30
Immokalee
Immokalee
ess
Immokalee
Port of I.
Immokalee
Sec. 30
Goodlette Rd.
US 41 North
Wetland Determinations
W. Osment 80
Topiary Creations 5
Panther Island 577
Port of I.
Sec. 30
Corkscrew
-Training- Attended a session on Conservation Reserve
Program which addresses water quality and wetlands in So.
Florida.
-SGGE- Completed installation of 26 water table wells and
all of the vegetative community transects. Gainesville
staff is currently working with survey consultant to begin
survey work.
-PCT- Attended the regular meeting of the Project
Coordination Team which reviews all federally funded
projects which is part of the Everglades cleanup initiative.
All projects were reviewed and recommended for funding to
the Working Group.
-10,000 Islands NWR- Attended a public workshop for a long
range plan.
-~ Pr~ram~- Met with FW9 and CR~W~'rust to ~in an
outll~e for promoting use of programs for wildlife and water
quality improvement.
District ~ervat ionist
1661 '
Un~ ~a~
Natural Re~urces
Conservation
Service
14700 Immokalee Rd.
Naples, FL 34120
(941)455-4100
September 29,1997
Collier Soil and Water Conservation District
Agriculture Center
14700 Immokalee Road
Naples, FL 34120
Dear Sirs and Madam:
Enclosed please find a summary report of the Mobile
Irrigation I~aboratory evaluations performed by the Naples
Field Office for the Fourth 0uarter of Fiscal Year 1997.
If you have any questions concerning this report, please
call us at {941) 455-4100.
S i ngere ly
Robert D. Beck
MIL Team Leader
16{;1
Lower West Coast
Mobile Irrigation Laboratory
Quarterly Report
Fourth Quarter, Fiscal Year 1997
Suly 1. 1997 through September 30, 1997
USDA Natural Resources Conservation Service
Collier Soil and Water Comervafion District
South Florida Water Management District
N~. F! 3412O
(941) 455-4100
'
The United Sca=es Department of Agrlcul£ure (USDA)
prohibits discrimination In ice programs on the basis of
race, color, na=~onal orig~n, sex, religion, age, disabilicy,
pol~tical beliefs, and marital or familial sca=us. (Not all
prohibited bases apply to all programs.) Persons wi~h
disabilities who require alternative means of co~..unica=ion
of program information (Braille, large prin~, audio tape,
etc. ) should con~act ~he USDA's TARGET Cch=er at (202) 720-
2600 (voice and TDD).
16Gl
Introduction
The Fourth Quarter of Fiscal Year 1997, from July 1,
1997 through September 30, 1997 completes this tenth year of
the Mobile Irrigation Lab (MIL) with the team at full staff
strength. The MIL completed 27 evaluations during the fourth
quarter; all 27 evaluations were agricultural, including 3
follow-up evaluations. These 27 evaluations brings the total
for FY 97 to 70 agricultural, 20 urban, and 20 follow-up
evaluations, which satisfies the goals of the MIL Agreement.
The recently completed series of meetings with MIL
staff from the other labs and the South Florida Water
Management District(SFWMD) to prepare budgets for the Fiscal
Years 1998-1999 Umbrella Agreement, has resulted in SFWMD
approval of funding of all existing MIL's at the current
funding level. The Naples Field Office submitted a proposal
to establish a new Urban Mobile Lab, funded by, and
targeting the Pelican Bay communities. The new lab would be
staffed by the CSWCD, and will be a key element in the
effort to rectify the environmental problems in the Clam Bay
ecosystem attributed to the Pelican Bay developments.
The MIL staff looks forward to another two years of
providing valuable assistance to area growers and residents
in the wise use of water for irrigation while conserving
this irreplaceable natural resource.
16al
Mobile Irrigation Laboratory Quarterly Report
Naples Field Office
Fourth Quarter FY 1997
July I to September 30, 1997
This report covers the fourth quarter of Fiscal Year 1997,
July I through September 30, 1997. Following is a table
summarizing evaluations completed for the current quarter.
During the quarter 27 evaluations were completed, all 27
were agricultural, of which 3 were agricultural follow-ups,
encompassing approximately 837 acres. The Actual Water
Savings of 129.9 million gallons (398.69 ac-ft) are based on
follow-up evaluations performed on 175 acres of irrigated
land. The Potential Water Savings are estimated at 82.2
million gallons (252.23 ac-ft) on 662 acres of irrigated
land.
Number
System Crop of Uniformity
Tvp~e T~De Evaluations Ranqe Acre-
Spray Citrus 23 45-89 461.0
Drip Citrus 4 59-67 375.0
Following is a list of common factors that were encountered
which limited the efficiency of the systems evaluated.
Broken or leaking pipes.
Clogged sprinklers or emitters.
System pressure below manufacturer's recommendations.
Poor Emission Uniformity.
Mixed sprinklers, nozzles, or emitters.
Additional Activities of the Naples Field Office MIL Staff
Fourth Quarter FY 1997
July MIL staff prepared final draft for the Proposed
Pelican Bay Urban MII~ Scope of Work.
MIL staff revised Evaluation Data Worksheets.
MIL staff continued to work with the Committee
to Standardize MIL Reporting.
August MIL staff b~gan irrigation water management
project w~th local grower. Water table monitoring will be
data-logged in semi-closed seepage irrigated crop fields
undergoing conversion to citrus. Equipment loan requests
have been submitted to SFWMD.
- MIL staff prepared exhibit and attended the
Southwest Florida Citrus Expo at the Lee Civic Center in Ft
Meyers. ·
September MIL staff created Climatological Data
spreadsheet and charts to provide analysis of monthly
rainfall and evapotranspiration data collected by U. of
Fla.,I.F.A.S. in Immokalee.
- MIL staff began creating new trickle system
evaluation program to provide for individualization in
preparing evaluation reports.
MIL staff requested interview from Naples Daily
News, no response yet.
- MIb staff requested interview from Citrus
Industry magazine editor. The editor expressed interest in a
feature article.
:::::::::::::::::::::::::::
~s . .........
~I -----------------------o
K~Y TO REPORT
1. Broken or leaking sprinklers or emitters.
2. Broken or leaking pipes.
3. Clogged sprinklers or emitters.
4. System pressure below manufacturer's recommendations.
5. Clogged filter.
6. Obstructed sprinklers.
?. Different pressures between manifolds.
8. Poor Emission Uniformity.
9. Poor Distribution Uniformity.
10. Improper spacing of sprinklers or poor coverage.
11. Pressure gauge not working.
12. Excessive pavement overflow.
13. Mixed sprinklers, nozzles, or emitters / unmatched
precipitation.
14. Valves not functioning properly.
15. Excessive mainline or sub-main pressure loss.
16. Excessive lateral pressure loss.
17. Small irrigated area.
18. Excessive irrigation overflow.
19. Irrigating plant beds with turf areas.
20. I~ack of rain shut-off device.
Recc, a~endations
1. l~pair or replace broken sprinklers or emitters.
2. R~pair broken or leaking pipes.
3. Flush lines and clean filters more often, clean or
replace clogged nozzles or emitters.
16Gl
4. Irrigate smaller or fewer zones, increase input
pressure, or increase pipe size.
5. Flush filter more often, or install appropriate type of
filter.
6. Elevate or move sprinklers, or remove obstruction.
7. Adjust pressures with valves or regulators.
8. Redesign ,prinkler spacing and location.
9. Replace or install pressure gauges.
10. Check system design and utilize proper sprinklers,
nozzles, or emitters.
11. Repair or replace control valves.
12. Use appropriate irrigation schedule.
13. Redesign system.
14. Adjust sprinklers and cap unnecessary sprinklers.
15. Install rainfall shut-off device.
~llow-uo Reouirements
1. Not necessary.
2. Review and evaluate recommendations through computer
modeling. Document changes implemented by cooperator. A
redesign may b~ needed in accordance with NRCS standards and
specifications.
]. ~e-evaluate system in the field after recommendations
have been implemented.
NOTE: Evaluation and/or design may involve private
consultants in cooperation with USDA NRCS.
2 Holopaw fine sand, limestone substratum
3 Malabar fine sand
4 Chobee, limestone substratum and Dania muck,
depressional
6 Riviera, limestone substratum-Copeland fine sand
7 I~¥~kalee fine sand
8 Myakka fine sand
10 Oldsmar fine sand, limestone substratum
11 Hall~ndale fine sand
14 Pineda fine sand, limestone substratum
15 Pomello fine sand
16 Oldsmar fine sand
17 Bassinger fine sand
18 Riviera fine sand, limestone substratum
20 Ft. Drum and Malabar high fine sand
21 Bcx:a fine sand
22 Chobee, Winder and Gator soils, depressional
23 Holopaw and Okeelanta soils, depressional
25 Boca, Riviera, limestone substratum and Copeland fs,
depressions1
27 Holopaw fine sand
28 Pineda and Riviera fine sand
29 Wabasso fine sand
31 Hilolo limestone substratum, Jupiter and Margate soils
32 Urban Land
33 Urban Land, Holopaw Basinger complex
34 Urban Land, Immokalee Oldsmar limestone substratum
complex
35 Urban Land, Acluents complex organic substratum
Udorthents shaped
37 Tuscawtlla fine sand
Urban Land, Matlacha limestone substratum Boca complex
39 Satellite fine sand
40 Durbin and Wulfert mucks
4! Urban land, Satellite complex
42 Canaveral beaches association
43 Winder, Riviera, limestone substrtm and Chobee soils,
depressional
45 Paola fine sand (1-a percent slopes)
48 Pennsucco soil (marl prairie)
49 Hallandale and Boca fine sand (slough)
50 Ochopee fine sandy loam, prairie (marl)
51 Ochopee fine sandy loam
52 Eesson ~uck0 frequently flooded
53 Estero and Peckish soils, frequently flooded
54 Jupiter Boca coe4~lex
S6 Bassinger fine sand, occasionally flooded
1661
2
4
5
6
'7
8
9
10
11
12
13
14
15
16
1'7
18
19
20
22
24
:25
26
:2?
:28
29
34
36
39
40
41
42
4.1
44
45
48
49
50
51
55
56
5'7
59
61
62
$3
64
Canaveral fine oand
Canaveral-Urban Land complex
CapCiva fine sand
Hallandale fine sand
Matlacha-Urban Land complex
Hallandale fine sand, tidal
EauGallie sand
Pompano fine sand
Myakka fine sand
Pelda fine sand
Boca fine sand
Valkaria fine sand
Estero muck
Peckish mucky fine sand
Daytona sand
Matlacha gravelly fine sand, limestone substratum
Gator muck
Terra Ceia muck
Beaches
Wulfart muck
Kesson fine sand
St. Augustine sand, organic substratum-Urban land complex
Pineda fine sand
Pompano fine sand, depressional
Immokalee sand
Punts fine sand
Oldsmar sand
Malabar fine sand
Wabasso sand
Immokalee-Urban land complex
Satellite fine sand
Isles fine sand, slough
Isles fine sand, depressions1
Anclote sand, depressional
Valkaria fine sand, depressional
Wabasso sand, limestone substratum
Smyrna fine sand
Malabar fine sand, depressional
Copeland sandy loam, depressional
St. Augustine sand
Feida fine sand, depressional
Oid~ar fine sand, li~estone substratum
Floridana sand, depressionai
Myakka fine sand, depressional
Coca fine sand
Isles muck
Boca fine sand, tidal
Urban land
Orstno fine land
#tnd~r san~, depressional
Malabar fine sand, high
Hmllandale-Urban land complex
66
67
69
70
72
74
75
76
77
78
L~ ~ BOZ~ LF~F~D continued
Caloosa fine sand
Smyrna-Urban land complex
Matlacha gravelly fine sand
Heights fine sand
Bradenton fine sand
Pineda fine sand, depressions1
Boca fine sand, slough
Hallandale fine sand, slough
Electra fine sand
Pineda fine sand, limestone substratum
Chobee ~Jck
16Gl
.&
Florida l)rparln.'nl of ^[riruhure & Consumer Servire,~
B()B CRAWFOR I). (:.mmissioner
CURRE~ PROJECTS AND ACTIVITIES
Wdham Joll7 - Oclobet 1997
~i¢ll Miz Load Ct. men
Project MattaSet fo~ ~ K. parate slruc~ures located m three counties
Funds derived from 310 Want sssued to DEP and FDACS Pamcipatmg SWCD's wdl
receive a management fee fo~ offering techmcal services
Lend MsatEemem Law, lib ! ! 19
Lutsen between SFWIvID and the SWCD's to facd~e tr~sf~ ~ ~n~ly ~d~
~tr ~~ ~ a~hural
Voluntary Retrefit of Open, Uncaged Agricultural Wells
EPA gram to cap ~urhce welLs m the Homes;earl area South D~de SWCD will be a
manastr ofprojoc:x with my assrl~ance
Agrkultur~J Permit Streamlining
between a~ntultmll prcxlucers ~d reguLsto.,
General Dmies
Atlmd ~ report oa SWCD, SFWMD ar~ other meeOns~ d~ pertain to distticu aad
Cemmieee member of the Biscayne National Park Land Trust Working Crroup.
Committee m~mber of SFNVMD Exotic Plato Pest Cota~il.
TILE; CAPITOL ' TALL,AIIA~F.~
Gar L Mo ,r, P.A.
10300 Northtuest Elet~th Manos
Coral Springs. Florkia 33071
(9M) 75~0380
1997
M~mor~_~m To:
O.~rk of th~ C'ir~t Court Financ~ Dep~
do 'Hmothy J. Oillett
P.O. B~ 418016
Ns~i:~, ~ 34112..3016
(~v~nm~tal C~nt~r
3~1Ea~ Tamiami Trail
Adadnbt~tive aldg, ~ Floor
Napl~, Florida 34112
,
FILE:
Reference:
Minutes of Me, tings held April 3, April 4, April 10,
April 21, June 9, Ju~e 18, June 23, August 18 and
August 19, 1997
From: Gary L. Moy~r
Manager
Endoeecl for your records are copies of the minutes of the meeting held by the
Board of Supervisors of Heritage Greens Co_mmunity Development District
(formerly Dove Potnte C.D.D.) u referenced above.
GLM/nk
Mis~ Corres:
Item# [~.~' '
1_ 6G1 ''
MINUTES OF ~G
COMMUNITY DEVI~OPMENT D~CT
The recessed meeting of the Board of Supervisors of the Heritage Greens
CommLLflJty Development District held on Monday, August 18, 1997 at 9:00 A.M.
wan reconvened on Tuesday, August 19, 1997, at 9:00 A.M. at 27'/ N. Collier
Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
James Reinders
Charles F. Bailey
Peter Comeau
Ralph Klass
Also present were:
Chairman
Supervisor
Supervisor (By Telephone)
Supervisor (By Telephone)
James P. Ward
Bruce Anderson
Jack McKenna
District Staff
Attorney
Engineer
FIRST ORDER OF BUSINESS Roll Call
.Mr. Reinders called the meeting to order at 9:00 A.M. and stated the record
will reflect that all Supervisors are present with the exception of Mr. Harris.
SEi~ND ORDEII OF BLISINI/ISS Approval o/the Minutes o/the July 30,
Mr. Ward stated item 2 on your agenda is the approval of the minutes of the
July 30th 1997 meeLing. You have previously been distr/buted a copy. If there are
any additions, corrections or deletions, it would be appropriate at this time to so
indicate, otherv~se., a motion for their approval would be in order.
Mr. Anderson stated I not/ced an error on page 5 of the minutes. Under the
Eng/neer's Report, they quoted Mr. McAn]y and I think it should be Mr.
McKenna.
Mr. Ward asked are there any other changes to the minutes?
Mr..l.l.l.l~nders. stated hear~ noner I call for approval of the Minutes.
]On MOTION by Mr. Comeau seconde"ci by Mr. Bailey]
[with all in favor the Minutes of the July 30, 1997 Meeting]
lwere approved as ,.a.~ended. .,,
Au~mst 19, 1997
16Gl
~ OItDER OF' BUSL'VESS Puhitc Hmlring on th~ Adoption o/' the
Budl, et for Fiscal Year 1S~-98 and
A/reement
Mr. Ward stated item 3 on your agenda is the public hearing relative to the
adoption of your Budget for Fiscal Year 1997-98 and to consider the Funding
A~reement with the Developer in order to fund both the debt service and the
operations for Heritage Greens for 1998. Let me go through with you the General
Fund Budget. At your last meeting we had some discussion relative to lowering
budget items for both your engineering and legal fees to a $10,000.00 line item for
each of the respective fees. That was accomplished in the revised Budget that we
sent to you. It has a total Budget of $94,250.00 for 1998. It will be funded by a
Developer's A~'eement, therefore, there will no assessments on the tax roils for
1997-1998, therefore, there are no other fees and charges relative to the collection
of those assessments.
Mr. Reinders stated I apologize for not catching it sooner but I believe that
the minutes of the meetin~ of July 30th reflected our approval of lowering the
Lei/a[ Budi~et from $20,000 00 to $15,000.00 and Engineering from $20,000.00 to
$I0,000.00. I refer you to pa~e 11 of the minutes just above the motion.
Mr. Ward stated we will make that revision for Le~/a[ to $15,000.00 and that
will bring the Budget to $99.2,50.00 rather than $94,250.00. On the Debt Service
Fund Budget, first what I would like to do is call your attention to what we call the
Statement of Revem~es, Expenditures and Changes in Fund Balance. That is
essentially an income statement in the private sector for the current fiscal year.
What that shows you for the purposes of your Debt Service Fund, which is the
fund that accounts for the bond proceeds that you received and carry the Reserve
Account and the Capitalized Interest Funds for this particular bond issue and
any interest income associated with those funds, it accounts for any principal
prepayments which you may receive or assessments which you may levy in
Heritage Greens for the retirement of that debt, and then finally the interest
expense associated with those bonds for the current fiscal year. You will note on
the bottom of that sheet we have a net income of about $1.1 million. What that
essentially reflects is that you received your bond proceeds again which
encompass your Reserve Account ~,nd your Capitalized Interest Account, some
interest income and payment of the interest expense due on the bonds for the
current fiscal year. If you go further down on the sheet, you will notice we have a
line which is what we call Reserved for Debt Service (All Years). That is the
2
16Gl :
August 19, 1997
amount of money that is set aside in the l~serve Account for payment of debt
service on these bonds through the life of the bond issue itself. That is $600,000.00.
Due to our fiscal year timing being October 1st through September 30th, we need to
reserve the amount of funds necessary to pay the November 1, 1998 payment of
$247,500.00. That leaves us with what we call an Unappropriated Fund Balance of
$266,158.00. That is the amount of money that you will be able to carry forward
into your Budget for Fiscal Year 1998 in order to make Debt service payments
during that year.
Mr. Reinders asked is that number supposed to be the balance of $247,500.00
Mr. Ward replied no, it is the $I,100,000.00 less the $600,000.00, then the
$247,000.00. If you turn back one page to what is called the Debt Service Fund
Appropriations section, that shows you the amount of principal and interest due
on your bonds for Fiscal Year 1998. There is no principal debt retirement due.
You have an interest payment due on November 1, 1997 and May 1, 1998 in the
amount of $247,500.00 each for a total of $495,000.00. Since we will not be levying
assessments for Heritage Greens for 1998, there are no Other Fees and Charges
associated with it. Going back one more page, it shows you how we calculated the
interest income associated with your Reserve Account, the $600,000.00 and the
anticipated interest income earned on the Capitalized Interest Account so we
have about $55,000.00 in interest income. Back one more page is the summary of
your Debt Service Fund Budget. Taking the amount of cash we have available on
October 1st 1997 of $266,158.00 plus your interest income less your anticipated
appropriations, which in this case are fixed interest expense of $495,000.00, leaves
a developer contribution for this particular fund of $173,842.00 for next year. With
that amount of money it will fund the November 1, 1998 payment of $247,500.00.
Also attached to your Budget is the Debt Service Schedule for the Series 1997
Bonds. That was prepared by the Underwriter for this issue. If you have any
questions relative to your proposed Budget, I will be glad to answer them.
$1r. Reinders asked on the Developer contribution, when would you expect
to receive that?
Mr. Ward replied as long aa we have received it before the end of the 5scal
year, September 30 of 1998 as it relates to debt service. That would be the last
possible date.
Mr. Reinders asked are there other questions or comments on the proposed
Budget for Fiscal Year 19987
3
August 19, 1997
1 6Gl
Mr. Comeau responded I have no questions.
Mr. Reinders stated I declare this meeting open to the public for the
purposes of comment and discussion. I note there are no members of the general
public present. Is there any other discussion from staff or others?
Mr. Bailey asked do I understand from tho last meeting that if it was
required or if expenses exceeded what we had budgeted, we were required to call
another meeting?
Mr. Ward replied it is before expenses exceed the Budget that you have to
call another meeting and amend your Budget and in this case amend your
Developer's Funding Agreement
Mr. Bailey stated I see that we have a contingency under the
Administrative fees but not under the Professional Fees. Mr. Ward stated that is true.
Mr. Reinders stated we had a discussion at our last meeting. The
sentiment as expressed by the Developer was that they wanted to budget as tightly
as possible recognizing we may run some risk of having to call additional
meetings and review this. Nonetheless the feeling was that expenses tend to grow
to meet the amount allocated thereto. Alter some discussion, we arrived at these
proposed numbers. Whether they will prove to be totally adequate or not, at least it
would appear that they should be sufficient. There is a vehicle to increase them
and adjust them if and as necessary. We will have to watch them and I am sure
that our Manager will alert us to any anticipated or projected shortfalls in a
timely manner so as to permit us to respond accordingly. With that, I will
entertain a motion to close the public hearing.
On MOTION by Mr. Bailey seconded by Mr. Comeaul
with all in favor the public hearin~ was closed.
I
Mr. Ward stated we will now need a motion to adopt Resolution 97-9 which
by title is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE
HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL
YEAR 1997-98.
Mr. Reinders asked do I have a motion to that effect?
On ,MOTION b~: Mr. Comedu seconded by Mr. Bailey[
with all in fayor Resolution 97-9 was adopted.
I
August 19, 1997
Mr. Ward stated the final motion would be a motion to approve the
Agreement between Heritage Greens Community Development District and
Heritage Greens Developments Limited Partnership in order to fund your Budget
that you just approved.
lOn MOTION bY Mr. Bailey seconded by Mr. ComeaU[
with all in favor the Developer Funding Agreement was[
approved.
FOURTH ORDER OF B~ Staff Relxn'ts
A. Attorney
Mr. Anderson stated at the last meeting I distributed a draft of an
Operation and Maintenance Agreement between the District and the homeowners
association. Is there a desire to approve that for this fiscal year and are there any
questions?
Mr. Reinders stated I have one question. The second "WHEREAS'
prevision which reads in draft form, "WHEREAS for ease of administration,
potential cost savings and for the benefit of full time on site operation and
maintenance purposes,' could we simply say, "WHEREAS, the District desires to
contract with the Association'? Do we really want to suggest that the Association
necessarily is that much better at these things than this District is? Is that
consistent with our overall philosophy of Community Development Districts? Mr. Ward stated i tend to think it should be struck.
Mr. Reinders stated I am going to suggest that if it doesn't otherwise affect
the Agreement that we eliminate that clause. Are there any other comments or
discussion on this proposed Community Development District Systems and
Facilities Operation and Maintenance Agreement? If not, I would entertain a
motion for approval of this Agreement and to authorize me on behalf of the
District to execute such Agreement with the Association.
On MOTION by Mr. Bailey seconded by Mr. Kiass with
all in favor the Community Development District
Systems and Facilities Operation and Maintenance
Agreement was approved with the proposed change and
the Chairman was authorized to execute the Agreemenl
on behalf of the District.
5
................ [[[ [[[[ - 7 - f ..... If .................. Illllll[
Aunt 19, 1997
Mr. Anderson stated the next item perhaps should come up under
Engineer's Report. The District needs to give some formal acceptance for utility
facilities and also in turn authorize those utility facilities to be conveyed to Collier
County and I will leave it up to Mr. McKenna to elaborate on that.
Mr. Reinders asked did we not address this in part at our last meeting to
the effect that once Counsel was satisfied with the fo~,~ of conveyance agreements
that I was authorized to sign those? Mr. Ward replied yes.
Mr. Reinders stated that being the case, if you have them, I will go ahead
and execute them. If anybody has any questions or comments, I will entertain
them. If not, we will move to the next item of business.
Mr. McKenna stated I do have those documents. The items include the
Dedication, the Bill of Sale, Warranty Deed, an Easement and Owner's Affidavit.
They have been re~'iewed by your Counsel. In addition, I need to get a signature
on part of the Environmental Protection permit, the main extension. At our last
meeting there was a request for review of change orders. Subsequent to that I
have prepared a master spread sheet and forwarded that to Randy White at our
Manager's office. I am prepared to address line by line those items if you would
like and I ask your direction as to how you would like to go about that.
Mr. Reinders stated I think it might be appropriate to briefly go down the
list and then if we have questions, we will address each one. Why don't we start
with the base contract which as I recall is $1,315,000 plus small change. Do you
want to begin with Change Order No. 17
},Ir. McKenna stated the contract price was $1,314,514.00. The first change
order was for an increase of $825,000.00 to provide fill to the residential areas to
bring those areas up to the road grade.
Mr. Reinders asked did you want to revisit the logic or thinking or status of
that? After Mr. McKenna briefly summarizes each one, I thought I would just go
around the table and then if you want more background detail or rationalization
for them, we will do it. If not, we w,ll move forward to the next one. Do we have
questions or comments on Change Order No. I in the amount of $825,000.007 If
not, Change Order No. 2.
Mr. McKenna stated the second change order we have is for $7,857.00. This
is a decrease change order that was a result of ~me modifications to the sanitary
August 19, 1997
1 6G1
collection system. The County rules and regulations had changed to allow dual
services on one sewer lateral and it was probably the largest of those
modifications. There were some minor changes associated with drainage that
were made for resubmittal of plans to the County.
Mr. Reinders asked are there any questions? Nt,~ber 3.
Mr. McKenna stated Change Order No. 3 was an increase in the contract
price for $43,043.70. This was the residential portion of the shared drainage. You
may recall that within the golf course area there is some storm water drainage
infrastructure that had a shared benefit associated with it and this is a change
order to increase the contract to move the value of that infrastructure into the
C.D.D. contract from the golf course contract.
Mr. Bailey asked is that the drainage ditch to the east?
Mr, McKenna replied no, this is a concrete pipe and infrastructure. Within
the bond issue there was a map and methodology that set out the apportionment of
that drainage based on the benefit received. In summary it was the drainage that
was put in necessitated by the fact that there was a golf course. There was the
benefit to the golf course, that which was really serving the residential area was
benefiting the residential, and then there was some portion which was actually
shared.
Mr. Reinders stated to reiterate on something that was touched on at our
last meeting, certainly as to Change Orders 1 and 3 being the more significant of
the three that we have discussed, these were change orders that in effect were
always anticipated. In other words, they were consistent with our original
methodology, they were built into our original budgets. This was more
administrative to adjust our contract after its initial advertisement and letting of
contract to where we always knew we would be in any event. Number 4.
Mr. McKenna stated Number 4 is a change order for an increase of
$39,249.00 that is for survey work that was added to the Bonness contract. These
are services that may have been provided by any vendor. The cheapest price was
through the Bonness contract.
Mr. Reinders stated these were survey services related to what aspect of the
work?
Mr. McKenna replied to stake out sanitary storm water, conduits, right-of-
way, curb and limer~:k
Mr. Reinders stated again, cost not unanticipated. We might originally
have assumed that those would have been for example provided through Agnolli,
7
August 19, 1997
Barber but based on proposals or assessment of cost, we felt that this was the most
economical way to go.
Mr. McKenna stated the next change order, which is number $, does
involve the canal along the east property line. That was an increase of $39,945.00
and to mitigate that cost, there was fill which benefited the C.D.D. This canal
along the east property line will serve as the eventual out/all for the project for all
storm water. At some time in the future, the current out/all, which is the
northeast portion of the project, will be bricked up and all storm water will go to
the southeast. Construction of this canal was consistent with requests from South
Florida Water Management District and Collier County.
Mr. Bailey asked is that shared by the adjacent land?
Mr. ,McKenna replied no it is not.
Mr. Reinders stated Change Order No. 6.
Mr. FlcKenna stated number 6 is a decrease of $42,383.25. This is to omit
the sidewalk from the contract. We have had some discussion. During
construction it is typical that the sidewalk gets damaged through heavy traffic,
concrete trucks and so forth and it is the purpose of this change order to take the
sidewalk out of the contract and it would then be constructed as each unit is
construct, ed so as to avoid damage because once it is damaged, it has to be pulled
out and replaced prior to acceptance by Collier County.
Fir. Reinders stated those costs will be borne by the respective builders
pursuant to whatever inter-agreements they may have in the community and we
have comfort that our District will have sidewalks and that ultimately they are not
going to get permits or C.O.'s until these sidewalks go in. Mr. McKenna stated that is correct.
Fir. Reinders asked is there any further comment on number 6? If not, we
will move on. W~.at else do you have?
Mr. McKenna stated Change Order No. 7 is to increase the bonding costs in
accordance with the adjusted contract amount. That is an increase of $8,970.00.
Change Order No. 8 is an increase of $14,928.00. This involves some modification
to drainage around Lake No. 11. There is some modification in the shape of that
lake to ease in maintenance and aesthetics that is involved with the addition of
some drainage infrastructure as well as blasting and excavation and also $148.00
for additional bonding costs. Change Order No, 9 is an increase of $4,408.00. The
content of this change order is to change the size of the water line within
Crestview from six inches to eight-inch PVC. Collier County has a requirement
8
August 19, 199'~
1 6G! ',
that multi.family be serviced by an eight-inch water main regardless of flow
calculations or the engineering need for it. It is a fixed rule and we need to
modify our plans accordingly. Change Order No. 10 involves street and canal
crossing conduits for FP&L and provisions for the FP&L pole line and easements
along the eastern property line. This change order is an increase in the amount
of $39,999.01. This is work along the eastern property line, stabilizing the slopes
and providing conduits and additional bonding costs.
Mr. Reinders stated we have ten change orders. Do you have any
discussion, comments or questions with respect to any of those current ten
change orders? May I ask if they have all been reviewed and approved by the
Engineer?
Mr. ?,lcKenna replied yes they have.
Air. Reinders asked have they all been duly executed at this point?
Mr. McKenna replied I have executed them and they have been forwarded
to our ~lanager's once.
lqr. Reinders asked do we need any rati/~cation as a matter of form?
?,Ir. Ward replied you have approved Change Orders Nos. I through 6 but
as a matter of Board policy, you need to approve Change Orders Nos. 7 through 10.
l~Ir. Reinders stated I would therefore appreciate ratification or approval by
the Supervisors of Change Orders Nos. 7, 8, 9 and 10.
On MOTION by ~,tr. Bailey second, ed by Mr. Klass withI
all in favor Change Orders Nos. ~, 8, 9 and 10 to the[
ness o U'act were , i roved.
Mr. Reinders asked what does that give us as a total revised contract
?,Ir. Comeau asked could Mr. ~icKenna put together for me a packet of the
material that he has presented today so that I may pick it up?
Mr. Reinder~ asked are you speaking of copies of these ten change orders?
Mr. Comeau replied the change orders and I know he is going to present a
status report of where everything was today.
bit. AicKenna stated I wilt do that. The total contract price through
Change Order No. 10 is $2,279,817.11.
Mr. Reinders asked how does that compare to our original construction
fund?
Mr. McKerma replied the original construction fund was for ~3,366,000.00
9
August 19, 199'7
Mr. Reinders sta~d in other words, we would appear to be in fairly good
shape.
Mr. Ward stated I am not sure I know the answer to that question. I think
the Engineer needs to provide a detailed estimate which I have been asking for
relative to this whole project. We have a budget amount that was contained in the
Engineer's Report, when we did the bond issue. I have a financial report ready
for you with respect to the current contract through Change Order No. 8. I need
to add the other two change orders that you just approved. The part that is
missing that I do not know is based upon the contracts that you have executed.
What is the balance of the work remaining to be done and the estimate of that
work? I don't think you can say at this point the answer to that question because I
need to know from the Engineer what the balance of the work actually is and what
the cost estimates are for the balance of that work. Then we can provide that to
you.
Mr. Reinders stated it seems to me what we are saying iz we are looking at
a contract sum currently of $2,280,000.00 in round numbers. We know that we are
going to have presented to us some additional change orders for our
consideration, not t~ my knowledge particularly significant in terms of overall
dollars, and one might assume some kind of contingency in terms of completion
although I think the work is very well advanced at this point. I think most of this
is flushed out and I wouldn't look for too much in that regard. The major item of
which I am aware is that there is a Second Acquisition Agreement between the
District and the Developer which I assume would hit the construction fund
which, if memory serves, is in the approximate amount of $400,000.00. I don't
know that you have necessarily seen that, Mr. McKenna, because that was
handled separately through this Board and the Developer and with the assistance
of Mr. Anderson but we should keep that particular item in mind as it is rather
significant. It' we have our total through number 10, if we know where we end up
today in terms of any other discussion, if we provide some modest contingency
and if we pick up that Second Acquisition Agreement, is there anything else that
we need to be generally aware of for purposes of completing this overall
comparison of projected costs to Budget? I am not aware of anything.
Mr, Bailey asked do we know where we stand relative to the fill
requirements? Are there any surprises?
Mr. McKenna replied at this point, I see no problem. We are consistent
with the original estimates of fill. If I could speak to the statement that Mr. Ward
August 19, 1997
16G1
made, you probably haven't had the chance to review this yet but I forwarded to
Randy White at your office this master spread sheet that goes line by line through
the contract and compares that to the original bond issue numbers which is what
I understood was needed here. I also gave it to him in disk form if it is helpful. I
did not include the $400,000.00 because I wasn't aware of that figure but it is
looking at the total contract to date.
Sir. Ward stated that is not wha: my question was. My question was that
we deposited roughly $4.4 million in the construction account on the day that we
did the bond issue and from the $4.4 million we paid about $850,000.00 to Ronto for
the acquisition, you have a contract of roughly $2.3 million and according to our
calculations internally we have roughly $740,000.00 in unidentified future projects
of the bond issue. That is exclusive of Change Orders Nos. 9 and 10 and the
balance due on the Second Acquisition Agreement, so you are getting to the point
now of running out so-to-speak of construction dollars, so my question is, have you
done the estimates on the balance of the construction remaining in Heritage
Greens so we can put it into this financial report so I can provide to the Board
exactly where they are in relation to this bond issue. I know where we are in
relation ko the Bonness contract, that is easy. ~Vhat I don't know is how much
construction you have left in Heritage Greens and what is the budget for that over
and above the Bonness contract and the acquisition agreements and the
repayments and everything else.
Sir. McKenna stated the only items I could think of would be FP&L. What
was included in the $400,000,007
Mr. Reinders stated that was basically the work to the perimeters, be they
landscape fountains or walls.
Mr. McKenna stated I understand your point now Sir. Ward. ~,Vhat you are
referring to is street lighting, FP&L and the other items that were in there in
addition to the Bonness contract.
Mr. Bailey asked is landscaping separate?
Mr. Reinders replied yes although I think the only landscaping was in that
Second Acquisition Agreement. I don't know that we have other landscaping in
there but let's leave it on the basis that having acted on Change Orders Nos. 1
through 10, having whatever discussion we have here today related to change
orders, then you can go back and if you need a copy of that Second Acquisition
Agreement, Mr. Anderson's office can provide it to you and then review your
other line items and then let's see if we have additional costs to address in all of
11
August 19, 1997
16Gl
that. After future discussions of change orders and a little bit of contingency and
addressing this Second Acquisition Agreement, I think we are looking at around
$600,000.00 against which we will have some other items which are contained
outside the Bormess contract. Whatever results from that results from that. It
should probably be something close to the maxim,~rn reimbursement still to go to
the Developer under the first Acquisition Agreement if and to the extent funds are
available. That was always our ultimate contingency that was projected ff I recall
correctly at about $550,000.00. It sounds to me that we are fairly dose. With that
said, what else do we have?
C. Mnn~ger
There not being any, the next item followed.
FIFTH ORDER OF B~ Supervisors Requests and Audience
Mr. Reinders asked are there any requests from our Supervisors? Mr.
McKenna, we had some proposed change orders we were going to discuss and act
on in a little more detail being basically the allocation of the rip rap and maybe
some discussion of the survey related to the lake as-builts and stake-outs.
Mr. McKenna stated ! will try to speak to those change orders although I
don't have a copy.
Mr. Reinders stated we touched on them briefly at the last meeting. We
know for example that we have a change order with Bonness, not this District, but
the Heritage Greens Golf Enterprises, for fifty-six thousand dollars and change
related to the provision of rip rap around lake banks done primarily for aesthetic
purposes.
Mr. McKenna stated for stabilization purposes. There is rip rap and also
sod which is needed to stabilize lake banks to minimize maintenance in the future
and that cost of the stabilization was apportioned to the C.D.D. and to the golf
course based upon the original excavation as that was thought to be a rational
method of distributing that cost. It was roughly a 50-50 split, calculated based on
the need of fill by each entity and therefore where that material was going and the
benefit received.
Mr. Reinders stated it is actually roughly a 41-59 percent split, 41 to the
District as I recall. While we don't have the detailed numbers in front of us, we
have asked the Engineer to look at it, it has been analyzed, we know what the
AurAr 19, 1997
16Gl
sums involved with Bonness are, we have applied a consistent percentage ratio as
to the method we used to allocate the earthwork in the first place for the purposes
of wrapping up our paperwork, getting our change orders done, running up our
totals so that we can do our comparisons and finalize this and what I would like is
a motion authorizing me to enter into a change order to allocate these rip rap and
sod costs consistent with the Engineer's prior analysis generally discussed here
so that we can move this forward. Do I have such a motion?
On MOTION by Mr. Bailey seconded by Mr. Reinders!
with all in favor Change Order No. 11 was approved and[
the Chairman was authorized to execute same. I
SIXTH ORDER OF BUSINIi:SS Consideration of Funding Request No. 7
Mr. Reinders asked are there any questions on Funding Request No. 7 in
the amount of $4,085.90 being $560.31 Legal, our standard August fee to Moyer,
P.A. of $3,448.49 and fax and publication fees?
IOn MOTION bY Mr. Klass seconded by Mr. Bailey withJ
Jail in favor Funding Request No. 7 in the amount ofl
154,085.90 was a~proved
Mr. Reinders asked is there anything else from the Manager?
Mr. Ward replied no.
Mr. Reinders stated if there is nothing further, I will entertain a motion to
adjourn.
On MOTION I~y Mr. Bailey seconded by Mr. Klass withl
all in favor the me,e, tin~ was adjourned at 9:50 A.M.
I
Chairman
Tuesday
9:00 A.M.
Continued from
Monday
August 18,
o
6.
?.
8.
AGENDA
HEPAT~ ~
CObtMUN1TY DEVELO~ DISTRICT
277 N. CoLlier Boulevard
Marco Island, Florida
1997
Roll Call
Approval of the Minutes of the July 30, 1997 Meeting
Public Hearing on the Adoption of the Budget for Fiscal Year 199%98
and Consideration of Developer Funding Agreement
Staff Reports
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Consideration of Funding Requests 7
Other Business
Adjournment
1661
RESOLUTION 97-9
A ~LLrTION ADOPTING THE FINAL BUDGET OF
THE HERITAGE GREENS COMMUNITY
DEVELO~ DISTRICT FOR FISCAL YEAR 1997-
Whereas, the District Manager has heretofore prepared and submitted to
the Board, for approval, the District's proposed Budget for the ensuing fiscal year.
and
WHEREAS, a public hearing has been held on this 18th day of August, 1997,
at which member~ of the general public were accorded the opportunity to speak
prior to the adoption of the final budget;
NOW, THEREFORE, BE IT RESOL~ BY THE BOARD OF
I~UI~:RVI~)RS OF THE ~AGE GHEENS COI~LMI/NI'I'Y
DEVELOPMENT DISTRICt,
I. The proposed Budget heretofore submitted to and approved by the
Board is hereby adopted as the final Budget of the District for Fiscal Year 1997-98.
2. A verified copy of said final Budget shall be attached as an exhibit to
this Resolution in the District's 'Official Record of Proceedings".
Adopted this 18th day of April. 1998.
Jame4 ReindersJ
16 1
THIS AGREEMENT, made and entered into this 18th day of Au~mst 1997 by
and b~tween:
Heritage Greens Community Development District, a public
corporation cr~ated pursus~nt to Chapter 190, Florida Statutes,
and
Heritage Greens Developments Limited Partnership, hereinafter
re/hrr~l to ss Dewlo~
WIT
and
NESSETH:
the Developer owns the majority of all lands within the District;
WHEREAS, the District pursuant to the responsibilities and authorities
vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties
to include administrative, legal, and the preparation of certain plans and
specifications for the Water Management, roadways and water distribution and
wastewater collection facilities, hereinafter referred to as capital improvements;
and
WHEREAS, the Developer recognizes that in so discharging said duties and
responsibilities, certain benefits will accrue to the land; and
WHEREAS, the Developer is agreeable to funding the operations of the
District as called for in the Budget, approved by the Board of Supervisors, which is
attached and made a part hereof as Exhibit "A~ said budget covering the fiscal
year 1998;
NOW, THEREFORE, based upon good and valuable consideration
and mutual covenants of the parties hereinafter recited, it is agreed
as follows;
1. Developer agrees to make available to the District the moneys
necessary for the operation of the District as called for in the Budget, shown as
Exhibit "A~. monthly, within fifteen (15) days written request by the District. The
funds shall be placed in the District's General checking account in Broward
County.
The parties hereto recognize ttmt a portion of the aforereferenced operating
expenses are required in support of the District's effort to implement its capital
improvements program which are to be financed in the form of note(s), bond(s) or
............... "m ........... II IIII I ...... IIII II
16Gl
Futur~ developer advances and as such may be considered to b~ reimbursable
· xp~n~i. Th~ ~~ ~ ~t u~n ~e iHu~ o~ i~ ~s) or ~n~) ~t
~ ~ ~ ~cluded ~ amour s~ent ~ reimbu~e ~e Developer for a
potion of th~ advances made pursuant W this agreement and such
~~ment ~ ~ md~ ~ t~gy (30) days of r~ei~ng ~ p~ee~ of
th~ no~(s) or ~nd(s). ~e advances ~de pursuant w ~s a~eement ~d
~~ment of ~me ~H not ~clude ~y in~st ~a~e sin~ it is ~pa~d
~t ~ ~s~ ~1 p~ ~ a ~mely fas~on w ob~n i~ no~s) or ~nd(s).
Heritage Greens Community
De~ment ~std~
~~ ~airman /
Heritage Greens Developments
Limited Partnership
/
uentage t reens
Comm~nity Dev~~ Ot~trfct
16G1
qq
F~ ~ Monltl Ende<l July 31. 1997
Consu'uc:t,~ Year to
Projects Date Amounts
Overall Paid/Rec'd by Vadance
Bud~let Bo~ Funds Fay.. (Unfav.)
DIpolt to Conaeuclk)n Ac__ __~':-.mt
OepoMt to Construction Reserve Account
~ of Is~tnce & Undemmte~' O~.,ount
Intem~ from DelX Sef,~ce A,':'~nt~
total wources
$4.371.310.00 $4.371.310.00 $0.00
S231.065.00 S231.065.00 $0.00
S647.625.00 S647.625.00 $0.00
S150.000.00 S150.000.00 $0.00
$43.00 S21.531.07 (S21.531.07)
$0.00 S72.588.21 ($72.588.21)
$6,000,0C)C).00 S6,094,119.28 (S94.119.28)
~ ofl~uance
Bond Counsel- Gment:~g. Traung e~ a~
Tru~ee Fee~ First Umon Na~x~ Bank
Trtmme Gotms~ Hoaand &
~~Y~.vm~mN
F~ ~~- F~ & ~
~~-~L ~m. PA
U~s ~ ~. ~.&
~ ~ I~ & U~'
tote/coati of l~uance
S57.700.00
$4.625.00
S$.150.00
SM.400.O0
S12.000,00
$43.000.00
S15.000,00
S 150.(XX).00
· ~4 7,625. O0
S57.700.00
~4 62500
$5,150.00
S54,400.00
S12,000.00
S43,000.00
S15 000.00
S150 OOO. O0
$847 62500
S1.592.500,00 S 1,58g.500.00
Heritage Greens
Conm~ntty Dew~nt DMtrtct
-qmtmm 19~7' ~De~lml JIJ~ernent Bond~
16G1
utr, e/ ~
u~ E~c, ty Cocatx~
mm~ underground
Wal System. Vestem. Inc.
~ Rent~, Nigles Rent.Ail, Fla. ~ofl~s. Hertz
Nunmum F~ ~ ~
Bomenee EnO'ance VV~. T& $ Corn. tree & 8oman~
Lam:tscape Mulch- Fox,try Reso~ce~
Tree T~ & ~~ ;n~- T~t~
T~ ~ Tr~ F~. ~ T~ F~. ~ CW Nu~
~ ~~ P~. ~'~ Nur~
Constr~
Year Io
Date Amounts
Paid/Rec'd by Variance
8ond Funds Fay.. (Unfav.)
S35,661.00
S135,158.00
$35,661.00 S0.00
S135,158.00 SO. O0
S170,81g.00 S170,819.00
S0.00
$89,126 O0
S8,610.g5
S10,618.00
sg,950 O0
Sg04 2~
S3 888 71
S$5,551.37
S14,052.00
~3 Z21.51
S5 419.78
S1 18OO0
S16 419.40
S3~ 384,32
S28, 77500
S823.00
S13,357.61
S42,35700
S1.186.83
$89.12600
S8,610. g5
S10,618.00
sg.950.00
S904.26
S3 888.71
S55 551.37
S14,052,00
S3 221.51
S5 419.78
S1 180.00
S16 419.40
S3.4 38432
S28.77500
~23.00
$13,357.61
$42,357.0O
$1,186.83
S339,625.74 s33g,625.74
Agn, ae, BMt>~ & Brunclage
$35,95425 S35.g5425
CamtmL-W)n R~btJd L~_~I Fe~i
Young. vanAm~(~e~ & vml~ecloe
S33.275.24 S33.275.24
Heritage Greens
C~~n
16Gl
Year ~
Date Am~nts
Paid/Rec'd ~ Variance
Bond Funds Fay. - (Unfav.)
;~r~ Sewer Pha~e lA
t.m staeo~
Sewe~ Late~
Force Mare Locate & Test
Puma ~ ~r Sy~
In~ ~
I~ ~ FP&L ~
~e & P~ T~n
P~ V~e P~ &
R~ 8~ & p~
~ T~
F~~ROW
~~le&2
~C ~ L~. ~
~~e'.r
4' ~C F~ ~
~C ~
S53,040.51 $45,349.64 $7,690.87
~,161 60 $3,745.44 $416.16
S1,632.00 S1,468.80 S183.20
S8,853.60 S7,988.24 $685.3~
S12,316.50 S11,084.85 S1,231.65
$6,83575 S7,952.17 $883.58
S3,0~0.00 $2.75400 $306.00
$1.632.00 Sl,468.80 $163.20
$2.348,00 $0.00 S2.~.~
$1.53000 Sl.37700 $153.00
$550.00 $495.00 S55,00
$18.{:)~3.00 S18.254.00
$;18,78240 $18. g04.18 $1,878.24
$22.394 40 ~K].O0 $22.394.40
S261 O0 S2~.~ S~. 10
$3.000 O0 S2.?00.00 S300.00
S5.72000 $0.00 S5,720.00
S2.816 10 SOO0 $2,816.10
S148,410 O0 S73.462.95 $74.947.05
Se0.804 94 $54.g02 63 S~,.g02.11
$27.978 60 $25.180.74 $2.797.86
$17.136.00 $15.422.40 SL713.60
$12,852.00 S11.5~.80 Sl.28520
S7,344.00 $6,609.60 S734.40
$9,792.00 $6,812.80 $979.20
$5,508.00 $4,957.20 $550.80
$83,387.04 :$46,509.55 $36,877.49
$22,001.40 $6,361.74 $15,639.66
$642.60 $385.56 $257.04
$4,207.50 $3,786.75 $420.75
$714.00 $642.60 $71.40
$12,737.76 $11,463.98 $1,273.78
$5,304.00 $4,773.60 $530.40
Bucket
Yem' lC)
Date Amounm
P~:l/Rec'd ~ Variance
Bond Funds Fay. - (Unfav.)
Wi~w Pho~(~ lB & 2
8'~
6" VVleeine
6" Waterk'm
10" ~ VMve B~x
8' ~ VMve
6" G~te VMve Box
F.'e Hydrant
Pe~ 8ach Somme
Ck~hou~ S. cwc, Stub
~ I:)h,ues 18 & 2
15" RCP
18" RCP
24' RCP
30' RCP
36' RCP
14 x 23 ERCP
24 x 38 ERCP
Type A Inlet
Tyl~ C Inle~
B~tlng/Roc~ Excavaz~:~
12" StaM~zed Sul~r-~fe
2~ VIAey Gut~
'rh;oot InJet To9
4' W~Je SM
Type ^ Curb
3/4" ~ O st blt)
~4' Aspt~l~ (2r~ ~)
Defls~ Tests
Final G;ade R 0 W
Sg~Oe & S~
Pedo~mari:e 6ond
S9.828.80 S8,885.g2 S1,162.88
348,308.00 S0.00 S48,308.00
S35,g55.00 S17,625.60 S18,329.40
S2,882.20 S1;321 92 S1,340.28
S816.00 S734.40 S81.60
S4.692.00 S527.00 S4,164.10
S$,967C)0 S2.47860 S3,48840
S47.736 O0 S13.210.20 S34,516.80
S2.49900 S0.00 S2,4Og.00
Sl,989 00 SO.O0 S1,989.00
S15.279.60 SO.C)O S15~79.60
S,463,00 S12~01 S337.99
S3,143 24
S1,395.36
S30,888 88
641,655.17
S~.014 74
~26.08
S198 29
S3.488,40
S12,4M.80
S4.681.80
S8,937.65
$11,714.70
S1,838.52
S5,310.12
S2~3,516.94
S9,752.83
Se. O38.eo
S~9.Se
$2,225.23
Sl1.~.60
S714.00
S2,33g.47
S23.g73.75
S10 704.00
S42 383.25
S3 150.10
S8g 747.00
S40 001.52
S47 ~34.12
S1 800.00
S5 800,00
SS 828.00
$12 330.50
S~ O70.5O
$1 301.60
Heritage Greens
Comm~ Dwelopn)ent Dbtrtct
~erle~ 1~7 S~oectnl Mment Bonds
16Gl
Overall Paid/Rec'd by Variance
Budget Bond Funds Fay. - (Unfav.)
$825,000.00 :$245,025.00 $579,975.00
($7,857.12) ($7,071.41) ($785.71)
:$43,043.70 :$23.243.60 $19,800.10
$39.24900 $19.428.25 $19,820.75
$39,g,45 O0 :$$29.479.41 S10,,485.59
(S42.383.25) SO. O0 (S42.383.25)
:58.970 00 S8.073.00 S897.00
$14,928 14 $0.00 $14,928.14
S22.595.56 (S22,595.56)
toMI w~te~ di~rlb/jew~ coil.
:$2.235.411 47 :$905.297.15 $1,330,114.32
$742,414.30 $43 O0 $742,414.30
toM/conwD'uc~on CO~tZ
:$4.407,5(X).00 :$2.334,971.38 $2,072,528.62
toM/coJtz overall
$6.000.000.00 :$3.924.47138 $2,075,528.62
avatlabl~ mmatnlng funds
$000 :$2,169,647.90 (S2,169, M7.90)
~ Re~e~e Ac_c_nunt
:$1.923.394 90
$248,253,00
$2.169.647 90
a iii I III I
CO~~OR: ~~~ ~ ~ OW~ER's~ct~o.
-- . · ~__ --/ ~. .
dtrcclcd Io ~ke I~ f~n~ c~nps m l~ C~I ~u~nts.
C~ ~cr:
CHANGE IN CONT~R~ PRICE CHANGE IN CON~A~ ~ME:
C~r~t ~c ~1 C~rx~ Time
i]
CHANGE IN CONTRACT PRICE
()r~n.~ Cumr3ct I~cc
CHANGE IN CONTRACT TIME:
Cunt r. Kt T~mc
Ncr ct~nC~ from ~'evmu$ Ch3nle
Contract Ti~ ~ to this ~n~
Ncr I~ (dec~e) ~ this
Comr"~t F~'~c~ ~ to th,s ChanSe Ch'~r ...~,.;
N~~cr~a~l ~ ~h,s C~$t Ordcr
BONNESS INC.
WORK ORDER
1-] BACKCHARGE
We hereby agree to perform t~e wod< ~ bekw~,
' LABOR, MATERIALS, EQUIPMENT RENTAL
WORK PERFORMED QTY. UNIT RATE EXT.
Accepted - The above prices and sPec~fi~ons are satisfactory and are hereby accepted.
REQUESTED & APPROVED
Company .....
PRCMDED BY BONN~ lNG.
CHANGE ORDER
Alla;hmenl~: ILitl ducu.,ncm~ ~upf~,ng chapel
CHANGE IN CONTRACT PRICE
Ofl~ndl Cum~ Pr, ce
Prc,,m~s Ch~p O~dcr~ No / to No
Com~-~( Pncc ~ ~o ch, s ChanSc O~r
Ne~~.~tea~el o( O~s Cha~le Order
CHANGE IN CONTRACT TIME:
Cu~(rxt T,me
Co,~c( T, ne Pn~ to (h~ ~ Orck'r
Nc( incrtase (dccr~3s~) o( ~s Ch&rip C)r~
Cataract T~ne ~h all aaa~ed Chan~ ~
BONr ESS INC.
'~' CHANGE ORDER
n BACKCHARGE
We hereby agree to I:~form the wo~ specked bek)w;,
LABOR. MATERIALS, EQLJlPMENT RENTAL &Jot
WORK PERFORMED QTY. UNIT RATE EXT.
. _
CHANGE 'ORDER - This Change Order becomes part of and in conformance with ~e extsttng con-
tract. All work to be i:~:~formed under same terms and conditions as specified in odgir, al contract
unless o~erwtse sti~ ~ulated.
Orlglrtel Contra¢l Total Prey. Chartg~ Amt. of thl~ Change New Totll to Date
Accepted - The above prices and specifications are satisfactory and are hereby accepted.
REQUESTED & APPROVED
PROVIDED BY BONNESS INC.
-- I' II I I Ill , ,,,,r
I IN~. /~ ~)~ ,~/ ~. ~f~:'v~'.~,~,'~,~
t CO~;TR.ACTOR; J~c~ ,&r ~ $ ~ c: OWNER's Pro~'cl No. '/
16Gl
Y4v ge dtrCctcd ;o mdt, c (lw fulk, wmi c -h~n~cs in thc Co~cr'dct Documcnts.
AIlachN~(~ fL,M doCm'~Cfllq %UJ~LJflm{: Ch3niC)
CHANGE IN CONTRACT PRICE
On$mdl Cumr,~:l Prx:c
CHANGE IN CONTRACT TIME:
Onl;,flal Cuelra¢l T,mc
/
/O
s .¢/
Contrzc! Price ,,,.h aJI app~ovcd Ch,~g¢ O~dcr$
Not chan~,~e from ~'c,m~Js Chanle O~crs
Commt ~ ~ to [hts ~nte ~
Ncr I~ (decree) ~ ~h:s ~ ~
Contract Tm'm v. th 311 a~cd Char~ C)tdcrs
EK). ~ tl4o
(141) S~41~1
~uly 22, 1997
IUBXZ T'113:)
Herl~age Greens Com-un£ty
Development District
10300 N.W. Eleventh Manor
Coral Springs, rlor£da 34109
P~O~?ZCTLOCATXOfl:
Change Order #10,
Street Crossings & FPL Pole Line
& Easements
PL.ANS ~'D SPECIFICATIONS:
PROPOSED I~OP~;
1. 2" Conduit instalatlon
(6 ea. conduits) concrete
cover (encase) under canal
incl. blast£ng & rock excavat£on 1 LS
2. Trench excavation &
Installation 10,706 LF
3. FPL (2') material suppl£ed
b~ others 7,291 LF
4. UTS (2') material supplied
b~ others 6,164 LF
5. UTS (4') material supplied
by others 1,240 ~
6. 3" PVC water, materials
supplied by Bonness 3,845 LF
7. Water location ~arkers,
materials supplied by Bonness 80 EA
8. 4# PVC (General) materials
supplied by Bonnese 2,900 LF
9. 6" PVC (General) materials
supplied by Bonness 260 LF
10. 2" PVC (General) materials
suppl£ed by Bonnese 140 LF
11. Sewer location markers,
~ater~als supplied by Bonness 80 EA
12. Survey for etreet croimings I LS
13. Survey for FPL pole line &
easements I LS
14. Survey for front lot corners
FPL/UTS i cable Phase 1-A I ES
15. Survey for front lot corners
(same) Phase 1-a ! ES
16. Survey for front lot corners
(same) Phase 2 1 LO
3,146.00 3,146.00
2.75 29,441.50
N/C 0.00
N/c o.o0
N/C 0.00
.99 3,806.55
11.00 880.00
1.32 3,828.00
2.42 629.20
.83 116.20
11.00 880.00
2,288.00 2,288.00
572.00 572.00
858.00 858.00
858.00 858.00
2,002.00 2,002.00
BILL OF SALE
THIS BiLL OF ,gALE evidencing the sale and conveyance of the
water and .newer ,JtJ]ity facilities described herein is made this
/~ day o, /~3~$~- , 1997, by HERITAG, GREENS'
COMM~JNITY DEVELOPMENT DISTRICT, an independent special district
established pursuant to Chapter 190, Florida Statutes, its
successors and assigns, (hereinafter referred to as "Seller"), and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors ,]nd assigns (hereinafter referred to as "Buyer").
W I TNESSETH:
That :;.~id S,?] let, for and in consideration of the sum of Ten
L~J]]a~s ($]0.00) .,nd other good and valuable consideration to said
Se]]er in hand paid by the said Buyer, the receipt whereof is
hereby ,Jcknow]edg,.d, has granted, bargained, sold, transferred, set
over and <iel ivered, and by these presents does grant, bargain,
sell, transfer, set over and deliver unto the Buyer, and the
Buyez':j h,;~z.:~, :Jnccessors and assigns forever, all those certain
wat~:r 4nd .~ew~, '~tility facilities lying within the following
d,..scrib,.:d I4nd, together with appurtenant easement rights for the
op,:ra! i,)r,, Jnur~al lotion and maintenance of said facilities,
sitHat,:, tying and being in Collier County, Florida, to wit:
(See Exhibit "A" attached hereto and
incorporated by reference herein).
'Fh,r .~;,'lJ,:~, ~¢~r ~t.s~:lf and its successors, hereby covenants to
4nd with the Buyer and its successors and assigns that it is the
lawful owner cf the said goods and chattels herein referred to as
utility facilities; that said goods and chattels are free from all
-~ of 2-
16bl
lien.,~ and encumbrances; that it hao 9ood right, title and authority
to sell ~me, and that it will warrant and defend the same against
the lawful claimm and demands of all persons whomooever. Seller
,~nd Ruy,:~ ,,r,: used for singular or plural, as the context requires.
I[~ WITNESS WHEREOF, SELLER has caused these presents ~o ~
executed the date ,~nd year first a~ve written.
H~RITAG~ GREYS CO~I~
G~'L~y~.~ ~.~ --- ~ M. Re'ers, Chai~an
District Manager
1681
I.ANI) I)IiSCRII~I ION OF III)Al) I[IGII'I'.OF.WAY LYING wI'rllIN I'IIASE I-A
A I'AI(CI~.I. OF i.ANI) I,YII'KJ IN SI~CrlON 21~, TOWNSIIIP 41~ SOLrril, RANGE 26 EAST.
('OI.LlliI~, COUNTY, Fi.ORII)A, SAIl) PARCEL OF LAND BEING MORE
I'AICrI( 't II.ARI,Y DESCIUBF. D AS FOI.LOWS:
COMMEI'ICING AT TI IE NOItTI lEA.ST CORNER OF SAID SECTION 28; THENCE
SOU'I'II 0J'O5'15' EAST ALONG TIlE EASTERLY LINE OF SAJD SECTION 25 FOR
DISTANCE OF 100.05 FEET TO AN II~FERSECTION WITll Tim SOUTtlERLY
RIGI IT-OF WAY LINE OF IJ~IMOKALEE ROAD (C.R. $46); TIlENCE SOUTI ! 89' 10'00'
WES'[' ALONG S AI D SOOT! IERI.Y LiNE FOR A DISTANCE OF 1951.39 FEET TO T!
I'OINI' OF BI£GINNING OF TIlE I IEREIN DESCRIBED PARCEL OF LAND;
'111F. NCF. Sot,ri'il ~i9' 10'GO' WES'[' CONTINUING ALONG SAID SOUTI IERLY LINE FOR
A DISTAN('[:. OF 130 lll~ FEET;
'111F. NCF. SC)UTI I O]'0.ro6' EAST FOR A DISTANCE OF I80.]9 FEET TO A POINT OF
CURVATURE;
TI IENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, IIAVINO A
RADIUS O1" 243 95 FEEl', A CEN'I'ILAL ANGLE OF 18°24'27' FOR AN ARC DISTANCE
OF 78.38 FEET TO A POINT OF REVEll. SE CURVATURE;
'['l IF. NCF. SOUTI IERLY ALONG SAID CUF, VE, CONCAVE WESTERLY, tIAVING A
RADIUS OF 482.00 FEET, A CENTRAl. ANGLE OF 10'51-24" FOR AN ARC DISTANCE
OF 91 3} FEET TO A POINT OF TANGENCY;
'H IF. NCE SOLrl'I I 10'37'09' EAST FOP, A DISTANCE OF 227.22 FEET TO A POINT OF
CURVA'FURE;
'II IF. NCE SOU'II IERLY ALONG SAID CUKVI:., CONCAVE WE. STEILLY, ! LAVING A
RADII.IS OF 482 00 FEET, A CENTRAl. ANGLE OF 07°33'03' FOR AN ARC DISTANCE
OF 63 52 Fl!F. I' '1'O A POINT OF TANGENCY;
TI IENCE SOUTIi 03 °04'06' EAST FOR A DI?FANCE OF 391.~8 FEET TO A POINT OF
CURVATtlItE.
TI IEI"iCE $OUTI IF.I{LY ALONG SAJD CURVE, CONCAVE WESTERLY, l LAVING A
RADIUS OF .IIX} GO FEET, A CENTRAl., ANGLE OF ~7"46'42" FOR AN ARC DISTANCE
¢ }i: 197 81 FEET TO A POINT OF REVERSI! CURVATURE;
'! I IENCF. S¢3U'i'11WF. STF. RLY Al.grIG SAID CURVE, CONCAVE SOLrFllEASTERLY,
I IAVING A RADIUS OF 410.00 FEET, A CF. HTRAL ANGLE OF 14°$$"J0" FOR AN A~C
DI.~TANCE OF I07 16 FEET TO A POINT OF REVERSE CURVATURE;
'1 I IF. NCI! SOU ri IF. RLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, ILAVING
A RAI}IUS OF S00.IX} FEET, A CEN'FRAL ANGLE OF 27°~9'45" FOR AN ARC DISTANCE
OF 24.1 .; I FEET TO A POINT OF REVERSF. CURVATURE;
'l ! II-~N('F. SOU'II IWESTERLY ALONg SAIl) CURVE, CONCAVE SOLFFIIEASTERLY,
IIA.¥1I~G A ILADIUS OF 160 O0 FEET, A CENTRAL ANGLE OF 49'44'21' FOR AN/UtC
[}lS'rAl'lCl:. (}F 1311,90 FEET TO A POINT OF COMPOUND CURVATtSRI~;
I! II'~N¢.'I:. SOIIH IF.l{I.¥ AI.()N(i SAIl) CtJIIVE, CONCAVE EASTERLY, IIAVING A
KAl )11JS OF 12OO (JO I:I~E'i. A CI':N I I{AI. At,IGLE OF 04'55'2.I" FOR AN ARC DISTANCE
I.'.¥tlIIJIT A
16Gl
¢)1. IO3 I I Iq:liT l'O A POINT OF C(?MI'OUND CUI[VA'rURE;
t I IF. NCF, SOUTI II..'gI.Y AI,ONG SAID CISRVF.. CONCAVE EASTERLY, I lAVING A
KAI)IUS OF ]00 O0 FI:.F.T, A CF. NTEAI. ANGLF. OF 18'47'54' FOR AN ARC DISTANCE
()F 9g .11 FIlET TO A POINT OF TANf;F. NCY;
'il II:NCR $OUTII 25°4Y.17" EA£'r FOl{ A DISTANCE OF 315.55 FEET TO A POINT OF
CU I~, VA'FUI~',Ii.
TI IF. NCF. SOU'FI IEASTL:RLY Al. ON(] SAIl) CURVE, CONCAVE WESTERLY, llAVING A
I(AI)IUS OF 24000 FEET, A CENTILAL ANGLE OF 22'38'$2' FOR AN ARC DISTANCE
¢)F 9,1 87 FEI.~'F 'FO A POINT OF 'I'AHGENCY;
TI IENCE SOUTI I O l' 04'S S" F. AST FOR A DISTANCE OF 166. i 8 FEET TO A POINT OF
CURVA'FUIU:.,
T! IENCE SOU'tl IERLY ALONG SAID CURVE, CONCAVE EASTERLY, l lAVING A
RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 10°4T44" FOR AN ARC DISTANCE
OF 56.53 Fl:liT '[O A POINT OF REVERSE CURVATURE.;
'ri IF. NCI:. SL}UT! IF. RLY ALONG SAIl) CUI(VE, CONCAVE. WF..STERLY, l lAVING A
EADIIIS OF 580 00 FF. ET, A CENTRAl. ANGLE OF 10'06'52" FOR AN ARC DISTANCE
OF IO2 39 FEET TO A i'OIN'F OF 'I'?tlqGEN('Y;
TIIENCF. SOUTll 03'4%17' EAST FOR A DISTANCE OF 369.01 FEET TO A POINT OF
CURvA'rUI~F.,
'ri IF. HCI,.' SOUTI II:RI.Y AI.ONG SAIl) CURVE, CONCAVE NORTIIWESTERLY, ! lAVING
A RAI)It JS OF ,1770 Fl![:.'r, A CEhrrRAI. ANGLE OF 90'00'00" FOR AN ARC DISTANCE
OF 7.1 92 FEET '1-¢) A POIN'F OF I'AHGENCY;
TI IENCI'.' SOUTI I 86° 14'13" WES'r FOR A DISTANCE OF 412.82 FEET;
T! IENCE SOU'Ii [ 03'05'09' EAST FOR A DISTANCE OF 00.00 FEET TO A POINT OF
CURVA'I URE;
TI IENCE SOLrrl IERLY ALONG SAID CURVE, CONCAVE NORTIIERLY, HAVING A
RADIUS OF &O O0 FEET, A CEN'I'R~L ANGLE OF 162'53'31' FOR AN ARC DISTANCE
O1:170 58 FEET TO A POINT OF REVEP, SE CURVATURE;
TI IENCli NORI! IERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTERL¥, IlAVINO
A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 72'~3.3~' FOR AN ARC DISTANCE
OF 3 I.~1 FEET 1'O A POINT OF TANGENCY;
l'l IF. NCR NORTI I 86" 14'13' EAST FOR A DISTANCE OF 272.2~ FEET TO A POINT OF
CUR VA'FUI~F.,
'111ENCF. EASTEI{I.¥ ALONG SAID Ct)HVF., CONCAVE NORTHWESTERLY, IIAVING A
F. AI HI]$ OF 107 70 FEET, A CEt{FIt/,I. ',NtILE OF gO°O(YO0' FOR AN ARC DISTANCE
()F 169 17 I:EF.T TO A POINT OF TA~t(; .HCY;
'11 IIiHCF. N(}IYFII OJ',15',17' WF. ST FOi' .~, DISTANCE OF 369.01 FEET TO A POINT OF
C111t, VA'l URF.,
'11 IF. Nit. [qOR'l IlligI.Y Al.ON(} SAID, URVE, CONCAVE WESTERLY, llAVING/,
RADIUS OF 640 GO FEET, A C[:.N'I RAt ~.NGI.E OF 10'06'52" FOR AN ARC DISTANCE
()F 112 98 FF.E'[ TO A POINT OF EEVI ',SE CURVATURE;
'11 IF. NCR NOR'[ I I1:.1{1.¥ ALONG SAID t UiiVF., CONCAVE EASTERLY. IIAVING A
RADIUS OF 2,10 043 FEF. T, A CENTRAl. ANGLE OF 10'47'44' FOR AN ARC DISTANCE
¢?1:.15 22 1'1'.1'7l' '1() A POIN'I (?1; TAN(;I
I I Il'.N(;li NOIUH I o}"o.rs.~" WEST FOR A DISTANCE OF 166. IS FEET; TO A POINT OF
I".XIIfIIIT A
1 681
'l'l II'2N('F. NOJ~, l I IEP, L¥ AI.ONG SAIl.} CURVE° CONCAVE WESTEI~,LY, I IAVIN~
EADI US OF ~.~ fEET, A CE~FRAL ANGLE OF I I'~ PlO' FO~ AN ARC DISTANCE
OF 6l.(~ FEET TO A POI~ OF REVEI~E CU~ATU~;
'11 IENCE NOIUFIIE~LY ALONG ~AID CURVE, CONCA~ SO~tlEASTE~Y, ! IA
A RAI}IUS {}F l~ FEET, A CEllini. ANGLE OF ~']~1' FOR AN ARC DISTANCE'
OF ~] 69 I;EET 'I'O A POINT OF TAN{iENCY;
] I IENCI~ NOR'I'll ?] %1]',16' EAST FOR A DISTANCE OF 174. I~ FEET TO A POI~
CUI~VA'I URIC,
'lllENCE EASTERLY AI.ON{J SAIl} CUISSE, CONCAVE ~O~llERLY, I lAVING A
RAI}IUS OF ~.~ IEET, A CENI'I[AL ANGLE OF ~l'~]'~?' FO~ AN ~C DISTANCE
OF 2~? O~ FEET TO A POINT OF TANGENCY;
TI IENCE SOU'I'II ?]'1l'l?' EAST FOR A DISTANCE OF I~.l~ FEET;
'I'11ENCE NOR'Ill 39' 58'30' EAST FOR A DISTANCE OF 65.35 FEET;
'i 11ENCE N()I~'I I 73 '22'27" WEST FOR A DISTANCE OF 45.15 FEET TO A POI~
CURVA'I'UI~E;
TI IENCE WES-FERLY AI.ONG SAID CUI~VE, CONCAVE SO~llE~Y, IIAVING A
I~DIUS OF 5~.~ FEET, A CEntRAL ANGLE OF 32'53'47" FOR AN ~C DIST~CE
OF 321.5~ FEET 'fO A POINT OF 'tANGENCY;
I'IIENCE SOUTI! 7~'43'46" WEST FOR A DISTANCE OF 286.68 FEET TO A POI~ OF
CUEVA'I'tJRE.
'1 I IEN('i: WES'FERI.Y AI.ONG SAIl) CUI~VE, CONCAVE NOKTI IEASTERLY, I~V1NG A -
R Al)IDS OF 2~ f~ FILET, A CI~NTRAI. ~(;LE OF 80'32~6" FOR AN ~C DISTANCE OF
I~ 14 FI:I~T '10 A POINT (Jl: TANGENCY;
'1 IIENCE NOR'I II 25'43'47' WIghT FOE A DISTANCE OF 2~.87 FEET TO A POINT OF
{'URVA'I URIc,
'111ENCE NOETI IWES'I I:I~I.Y ALONG SAIl.) CUK~, CONCAVE EASTERLY', I lAVING A
RADIUS OF 2,10 ~ FI~ET, A CEN'I RAL ANG~ OF 18'4~54' FOR ~ ARC DIST~CE
(~i: 7~ 7,1 FI,.I~I 'IO A POIN'I OF ('OMI'(JLIND CURVATURE;
'I i iI~NCE NOR'I IIERI.Y AL(}N~ SAID CURVE, CONCAVE EASTERLY, IlAVING A
RAI}II~S O1' 1140 ~ I'1~1~ 1', A CEN lEAl. ANGLE OF ~'55~3" FOR AN ~C DISTANCE
(}F 97 95 I EEl' 'I O A POIN'F OF COMPOUND CUKVA~;
Il II~N(:E NOR'I IIEI~I.Y AI.ONG SAID UUI~VE, CONCAVE SO~IIEASTERLY, I IAVING
A RAI)IUS OF It~ ~ FEET. A Ci~F~. ANG~ OF 49'44~1' FOR AN ~C DISTANCE
OF 86 81 FI~ET TO A POINT OF EEVI~ESE C~VATURE;
TI IENCE NORTI IEASTEEI.Y ALON(~ SAID C~VE, CONCAVE NOK~IW~TE~Y,
I IAVIN(~ A RADIUS OF 5~ ~ FEET. A f.'E~ ANGLE OF 27'5~44" FOR ~ ARC
I)IS'I ANCE OF 27J 63 FEET TO A POIN I' OF ~VE~E CUKVA~RE;
'i/IENCE NOKT! IERLY ALONG SAIl) CUI~VE, CONCA~ ~TERLY, t~VINO A
RADIUS OF 350 ~ FEET, A CE~i. ANGI.E OF ~'~1" FOR ~ ARC DIe. CE
OF 25 05 FI~I~'F TO A POINT OF I~EP. SEC~ION WITll A NON-T~GE~ LINE;
'1 III~NCI~ NORTII 86' 54']3' EAST FOR A DISTANCE OF 115.23 FEET;
'111ENCE NOE'I I I 03'05'27' WEs'r I:()1~ A DISTANCE OF 1298.20 FE~F TO TIlE
I:'.~IIIBIT A
CONTAINING 6[50 ACItF. S OF LAND. MOR£ OR LESS.
SUIU£C f TO EAS[!MENTS AND E-F~RIC'I'IONS OF RECOIU3.
AGNOI.I, BAIU3I:K & BRUNDAGE. INC.
I'ROFF. SSION^I. ENGINEERS, I'I.AI'tNFRS AND LAND SURVEYORS
BY
RICIIARD L SIIEI'IIARI) I'.L.S. HO. 2474 DATE
It, EF: Al.lB DWG. FII.E NO. 5783
12.,I,ISY6DF. S
1
6G1
4
1:'.¥111t~17' A
LAND DESCRIPTION OF LIFT STATION EASEMENT
A PARCEL OF LAND I.YING IN LOT 159, BLOCK "B" OF THE PROPOSED PLAT OF HERITAGE
GREE. NS IN SF. Cq'ION 28, TOWNSHIP 48 SOUT] I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
SAID PARCF. i. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMM ENCING AT TIlE NOR'Il t I:.AST CORNER OF SAID SECTION 28; TIIENCE SOUTH 03~05'15"
EAST ALONG 'ri IE EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.05 FEET TO
TIlE SOUTHERI.Y RIGIIT.OF-WAY LINE OF IMMOKALEE ROAD (C.R. g46);
TiIENCE SOUTII 89010'00" WF~ST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A
DISTANCE O!: 1981.39 FEET: 'ri IF. NCE I.EAVING SAID SOUTIIERLY LINE SOUTH 03°05'27- EAST
FOR A DISTANCE OF ! 576.33 FEET; THENCE SOUTll 68o04'32" WEST FOR A DISTANCE OF 176.6g
FEET TO A POINT OF CURVATURE: TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE
NORTIIERLY, IIAV[NG A RADIUS OF I0.00 FEET, A CENTRAL ANGLE OF 46'14'04" FOR AN ARC
DISTANCE OF 8.07 FEET TO A POINT OF TANGENCY; TI-fENCE NORTH 65°41'24' WEST FOR A
DISTANCE OF [ I $.09 FEET TO TIlE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
OF I.AND:
TIIENCE CONTINUE NORTII 65°41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF
INTERSECTION WIl'll A NON-TANGENT CURVE FROM WItICH THE RADIUS POINT BEARS
SOUTll 61'25'02" EAST;
TIIENCE NORTi IF. ASTF. RLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF I00 f~') FEhT, A CI!NTRAL ANGLE OF 17°43'15" FOR AN ARC DISTANCE OF 30.93 FEET
'l O A POIN'I OF IN'I f:.RSf:.C'FIC)N WITll A NON-TANGENT LINE;
TI IENCE SOUTII 65°.11'24.. F.A :-iT FOR A DISTANCE OF 30.00 FEET;
TIlI'~NCE SO[)'FII 24°1 ~;'36" WF~ST FOR A DISTANCE OF 30.00 FEET TO Tile POINT OF BEGINNING;
CONTAINING 0.024 ACRES OF LAND, MORE OR LESS.
SUBJECF TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, I}ARIIF. I~, & BRUNDAGE, INC.
PROFI!.~SIONAI. ENGINEERS, PLANNERS AND LAND SURVEYORS
RIC'IIARD I.. S~EPI lARD, P.S.M. NO. 2474
RI..'F: ABB DRAWING FII.E NO. 5783
ltl ',;-'It
Tht= tn~t ium~.nt w,~o prepared without
I~gal C~lnton by a~ ~h~ld
~ l~ ru,'e Ande rash,
1
UTILITY
THIS EASEMENT, granted this //~/'f-' day Of ~/~'~" .
I 997, by HERITAGK ORE~S CO~I~ D~~ DIStil. an
independent f~peclal dLstrict established pursuant to Chapter 190,
Floridd Statutes, its successors and assigns, as Grantor. to ~
OF C()UUTY COMMISSIONERS OF C~LLI ER CO~, FLORIDA, ~ ~E
C~)VERUIHG [~OD'f OF COI.I,IER CO~ ~D ~ EX-OFFICIO THE ~I~
BOARD OF '['UE COLLIER COUNTY WATER-S~ER DISTRI~, its successors
W!T~;E:;,q~TH: Thd~ tk,~ Grantor for and in consideration of the
sum of t,~n dollars ($10.00) and other valuable consideration paid
by [he Gr,,nice, r,~ceipt of which is hereby acknowledged, hereby
,:onvey~, q r,ir]t. ~J, f.,drga ins and sell~ unCo the Grantee, iCH
succ,~:;~or ~ ,~n,t ~ss~c,ls, a perpetual, non-exclusive easement,
]~c,~nse, ,~,,J prlv~,:ge [o enter u~n and to install and maintain
utility ~aci~L[~efl, ~,,, on, over and under the following de.cried
Lands b,~ing locat~d in Collier County, Florida, all County utility
easem~nts Indicated CUE doe installation and ~intenance of its
facilit ~eu. GranLor agrees for itself, it successors and assigns,
t~ha[ it wi]~ be ~'~sponsib]e for the cost of any and all repairs,
teplacement., maintenance or restoration of improvements or
landsca[,in,/ ~nsLaJ led by the Grantor within the easement area, co
w~t:
(:~,:~: ~tc.ched Exhibit "A" which is
incorporated by reference herein.)
TO HAVE ~D TO HOLD the name unto the Grantee and its assigns,
t%,gether with [he ~ igh~ ~o enter u~n said land, ezcavace, and take
material s for [he pur~se of constructing, operating, and
~incaining utility facilities thereon. Grantor and Grantee are
used ~or singular or plural, as the context re~ires.
1 6G1
I.ANI) I)I:S(iRII' I ION OF I~,OAI) I~,IGIIi'-OF-WAY LYING WI'IlliN I'IIASF. I-A
,s, I,AI~,{'I:I. OF i.ANI} I.YIN(} IN M'~C I'ION 2S, '[(}WNSIIIP ,IS SOtrrll, RANGE 26 EAST,
t'< ~I.I.II:R COUNI'Y, I.I.ORIDA, SAID i'ARCEI. OF LAND BEING MORE
I'AKI I~'UI.ARI.Y I)ESCI~IBI~U AS I-OI.[.OWS
COMMENCING A'I' TIlE NORTI IE~I' CORNER OF SAID SECq'ION 28; TI IENCE
SOIJI II O3'O5'15' EAST AI,ONG TI IE EA~TERI,Y I,[NE OF SAID SE~ION 28 FOR A
I )ISI ANCE OF I~ 08 Fl{ET TO fin I~I'ERSE~I'ION WITI I TI IE SO~IIEI~Y
RI( ;111'-OF %VAY I.INE (IF IMMOKAI.EE ROAD (C.R. S46), TI IENCE SOUTll S9' I~'
WI:~I Al.ON(; SAIl) S(}t/'l'l II~l(I.Y I.INE FOR A DISTANCE OF 1981,39 FEET TO TI IE
I'{}IN I' {}1: III;{;INNING {)F '[111~ I IEREIN Di~SCRIIIED PARCEl. OF I,AND.
I I IENCI~ SOt.Il II 89' I0'OO~ WEST CON'FI~:UING AI,ONG SAID SOUTllERLY LINE FOR
A I}IS FAN{'E {)1:130 g8 FEEl',
I IIENCI[ SOlJ~[I 01'~I'06' [{AS f I:O1~ A DISTANCE OF 1g039 FEET TO A POl~ OF
CIJRVAI'UI(I[,
'IIIENCE SOU'FI IERLY AI.ONG SAID CURVE, CONCAVE EASTERLY, i~NG A
RADIUS OF 2.13 95 FEET, A CEN'FRAL ANGLE OF 1g'24~7' FOR ~ ~IC DISTANCE
OF 78 J~ I:i~E'F TO A I'OINT OF I~VEItSE CURVATU~
'1111~rl('E SOlITI IERI.Y ALONG SAID CURVE, CONCAVE WESTERLY, l lAVING A
ItADIUS OF ,~8~ ~ FEET. A CEHTRAI. AFtGLE OF 10'51~4" FOR AN ~C DISTANCE
OF 91 ~ ~ I.E[T TO A POINT OF'I'ANGENCY;
111EN('E S{}IJ'I I I I0' JT{~' EAST FOIL A DISTANCE OF 227.22 FEET TO A POINT
CIJItVA'FUItE,
'111EriL'E SOI)'l'l IEI{I .Y AI.ONG SAID CUR VE, CONCAVE WESTEI~Y, I~NG A
I{ADI[ tS OF ,1~2 ~ FEE'I, A CENFRAI. ~(;LE OF 07'33'0~' FOR AN ~C DIST~CE
OF 63 52 I:I~ET TO A POINT OF TANGENCY;
'111ENCI: SOUTI I 03'~'~' EAST FOR A DI~ TANCE OF 391.88 FEET TO A POINT
CIJRVA'fURE,
l'l IEN{'I~ SOt fl I It:RI.Y AI.ONG SAID CURVfi, CONCAVE WESTEI~Y, IIAVING A
RADIUS OF 3{~ c~ FEET, A CENTRAL AtlGLE OF 37'46'42' FOR ~ ~C DISTANCE
OF 197 a I FEE'I TO A POINT OF REVERSE CURVATU~;
'1 IIENCE SOtJ'l IIWESTI~RLY ALOtlG SAiD CURVE, CONCAVE SO~i IEASTERLY,
IIAVIN(; A RAI)IUS OF 410 ~ FEEl', A CI+ITRAL ~GLE OF 14'58~0' FOR
DISTANCE OF 107.16 FEET TO A I'OI~F O1: ~VE~E C~VA~;
111ENCE SOU'IIIERLY ALONG SAIl) CURVE, CONCAVE NORT! IWESTERLY, I IAVIN$
A I{AI}IUS OF 5~}~ FEET, A CENTR~ ~OLE OF 27'5~45' FOR ~ ARC DIST~CE
{ }F 2,1,1 31 FEET TO A I'OI~F OF REVERSE CURVATU~;
'1 lIEf;CE SOUI'IIWESTERLY ALONG Still) CURVE, CONCAVE
I IAVIr~{; A ItAI)~US OF I~ ~ FEET, A CE~L ~GLE OF 49'44~1' FOR ~ M{C
I)ISTAHCI~ (iF I }1 ~ FEET TO A POI~ O1: COMPO~ CURVATURe;
111EN('E S()lJ I'11EI{i.Y ALONG SAIl) CURVE, CONCAVE EASTEI~Y, IIAVINO A
I:Al~ll)h ()1' 12~) OO FI:E'I, A t,.*l.~M I ti. Al. ,XI;GI.E OF 0.1'5Y23' FOR AN ARC DISTANCE
F,Y. IIIBIT A
¢)1" IO3 I I I'I'~E'I' 'ro A I'OINT OF CUMPOUND CURVATURE;
II II.~NCI.: .~OU'I'I IERI.Y ALONG SAID C[II[V~, CONCAVE EASTERLY, I IAVING A
ILAI)IUS OI; J~ ~ FILET, A CI[NI RAI. ANGLE OF 1~'4~S4' FOR ~ ARC DISTANCE
)1 9~ ,I ] Fl,.liT TO A POINt ()F TAbI(;I[NCY,
'111ENCE 5OU rll 2~"4]'47' IiAS'r FUlL A DISTANCE OF J 16.5~ FE~T TO A POINT OF
~:IJRVAI'HIH[, ·
1t IENCE SOtH'I IEASTEI[I.Y ALONG ~Ail) CURVE, CONCAVE W~TE~Y, I~VING A
I[Ai)IUS OF 2,10~ FEET. A C~N'rI[AI. ~GI.E OF 22'~8'52" FOE ~ AEC DISTANCE
OF 9.1.~7 FEET TO A POI~F OF TANGENCY;
I IENCI5 SOIJTll 03'~r55' EAST FOR A DISTANCE OF 166.18 FEET TO A POI~ OF
CUI~VATUI~E,
!'111~NCIL SOU'IIIISRI.Y AI.ONG SAIl) CUI~VE. CONCAVE EASTERLY. ! lAVING A
RADIIJS OF 3~ ~ I:EET. A CENTRAl. ANGLE OF 10"4T44" FOR AN ~C DISTANCE
OF 56 53 I:EI~T 'to A l'ol~r OF REVERSE vURVATU~;
I IILNCIL 5()1H I IERI.Y ALONG SAIl) CURVE, CONCAVE ~STE~Y, ilAVING A
RAI)IU~ OF 5~0 ~ I:I~E'I', A CEN'I RAt. ANGI.E OF 10"06'52" FOK AN ARC DISTANCE
OF IO2 39 [:ILEI' TO A POINT OF I'AHGENCY;
'l'J [[~4CE SOU'fl I 03'45',17' EAST I:OlL A DI:J'FANCE OF 369.01 FEET TO A POI~ OF
('LII{VATUI~E.
· ri II{NCli SOU'fl IERI.Y AI.ON(] SAID CURVE, CONCAVE NOKTIIWESTE~Y, I~NG
A RAI)JUS OF 47 70 FEET, A CENTRAl. ANGLE OF ~'~" FOR ~ ~C DISTANCE
OF 7.1 ¢12 J:l[l['r To A POINT OF 'I'AHGENCY;
'111EN(,I( SOtJTI ! g6' 14'l 3' WEST I;O1{ A DISTANCE OF 412. g2 FE~;
]'11ENCE S(}IJ'[ll O3 '05'~' EAST FOR A DIST~CE OF ~.~ FEET TO A POlar OF
CIIRVA'I
'111ENCE SOUl IIERLY AI.ONG SAID CURVE, CONCA~ NORTIIE~Y, I~VING A
RADIIJS OF ~ (~ FEET. A CENI RAI. ANGLE OF 162'53'31" FOR AN ~C DIST~CE
OF 170 5g FEET TO A I'O1~ OF REVERSE CURVA~;
'l III~NCE ~IORTI IERI.Y AI.ONG SAID CURVE. CONCA~ SO~I~TE~Y, I~VING
A RAI ~IUS OF 25 ~ FI~ET. A CENIRAI. ANGLE OF 72'53'38" FOR AN ~C DIST~CE
OF J I al I-I(I{'F [O A POINT OF TANGENCY;
'l'l II~NCJ~ NORTJ I 86' I.l'l 3' EAST FOR A DISTANCE OF 272.28 FEET TO A POI~ OF
;I IR VA'I'UR Ii;
'1 IIENCE EASTEI{I.Y AI.ONG SAIl) C'DILVI~, CONCAVE NORTIlWESTERLY, I~VINO A
RAI}IUS OF 107 70 FI~ET, A CENIR/,J. ',NGLE OF ~'~g' FOR ~ AR~ DIST~CE
()[: 169 J7 i:ILEI' 10 A POINT OF TAII¢;
'1111LIqCI{ N()RI II 03'4Y,17' WF. ST FO;' ,X I}ISTANCE OF ]69.0l FEET TO A POl~ OF
'1 I1( VA'I UI(E,
I II~NCI~ NORTI IERI.Y Al.ON(; SMD
RAI)II,'S {)1: 6,1c} (~ FEI~'I', A CENTRAl ~NGLE OF 10'~'52' FOR AN ARC DIST~CE
()F 112 q~ I'ILEI' I'() A POINT (Il: REVI :SE CURVATU~;
I IILN{.'I~ NOR I I IERLY ALONG SAID ~ UI(VE. CONCAVE EASTERLY, tlAVING A
RAI)II JS OF 2,Io ~ FEET, A CENTRAl, ANGLE OF 10'4?44' FOR AN ARC DIST~CE
I)l: ,Is ~] I. ILI{T 'IO A PI]IN'I' OF 'I'AN(;i NCY;
Ill:N{ '1': N(H('I II 01'O,I'5S' Wl:S !' I. ORA DISTANCE OF I~. Ig FEET; TO A POINT OF
I:'.¥111IIIT A
('IJRV^ I'Ull l:,
I III/He '1:. NOItl'I II;.RI.Y AI.ONG S^ ID CURV[~, CONCAVE WI~'I'ERLY, I IAVINO A
ff, AI)IUS OI.' J00 OO FEET, A CF.N IRAI. ANGLE OF I 1 '5 PI0' FOR. AN ARC DISTANCE
¢)F 62 06 FEE f 'I O A POIHT OF REVERSE CURVATURE;
'H IF. NC[-: NOR'II IF. RLY AI.ONG SMD CUP, VE, CONCAVE SOUTtiEASTERLY, ! lAVING
A I~,AI)ItJS OF 25.00 FF.F.T, A C[[NI'RAL ANGLE OF 88'39'51" FOR AN ARC DISTANCE
OF 3:~ 69 FE[:.T TO A POINT OF I'AN(;ENCY;
1'11ENCF. NORTI I 73'43',16' EAST FOR A DISTANCE OF 274. ! 8 FEET TO A POINT OF
CURVA'I URF.;
TllENCE I:.ASTF. RI.Y AI.ONG SAID CURVE, CONCAVE SOUTHERLY, IIAVING A
ItAI)IUS Of .SOO GO FI~ET, A CEN'I'RAI, ANGLE OF 32"53'47" FOR AN ARC DISTANCE
OF 287.08 FEF. T TO A POINT C}F 'rANGENCY;
'ri IENCE SOUTll 73'22'27' EAST FOR. A DISTANCE OF 19.25 FEET;
'FI IENCE INOR'I'I I 39'58'30" EAST FOR A DISTANCE OF 65.35 FEET;
'II IENCF. NOP, TI I 73'22'2'/" WEST FOR A DISTANCE OF 45.15 FEET TO A POINT OF
CURVATURF.,
TI IENCE WESTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A
IU~,DIUS OF 560 O0 FEET, A CFNTEAL ANGLE OF 32°53'47- FOR AN ARC DISTANCE
OF 321.53 FEET 1'O A POINT OF TAI,IGENCY;
'HIEN¢:E SOl.,rrll 73'43'46" WF. ST FOR A DISTANCE OF 286.68 FEET TO A POINT OF
CURVATURE,
TI IENCE WF. STERI. Y ALONG SAID CURVE, CONCAVE NORTI II=ASTERLY, ILA. VING A
RAI)ILJS OF 2.S O0 FEET, A CENTRAL ANGLE OF 80'32'26" FOR AN ARC DISTANCE OF
3.S. 14 FF.F.T TO A PoINr OF TANGENC¥;
'H IENCF. MORT! I 2.S'4Y47' WREST FOR A I)ISTANCE OF 266.87 FEET TO A POINT OF
CURVATURE;
TI IENCE MORT! iWESTERLY ALONG SAID CURVE, CONCAVE E~ERL¥, IIAVING A
RAL)IUS OF 240.00 FEET. A CENTRAL ANGLE OF 11'4'/'54' FOR AN ARC DISTANCE
OF 78 74 FILET TO A POINT OF COMPOUND CURVATUR. E;
TI I£NCI.'. NOR1 I IEItLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A
RADIIJS OF I 1,10 OO FEET, A CI~N'FI1J~L ANGLE OF 04'55'2:]' FOR AN ARC DISTANCE
CJI: 97 9.S FI[ET TO A IN)ifiF OF COMPOUND CURVATURE;
'11 II:'NCF. NORTIIERLY ALONG SAID ¢'UP. VE, CONCAVE SOUTIIEASTERLY. llAVI~IO
A RADIUS OF IOO GO FEF'r, A CENTRAL ANGLE OF 49'44.21" FOR AN ARC DISTANCE
OF 86 81 FF.I-FF TO A I'OINT OF REVERSE CURVATURE;
'1 I IF. NCR NORTI IEASTF. RLY ALONG SAID CURVE, CONCAVE NORTIlWESTERLY,
I lAVING A P, AI)IUS OF 560.00 FF.F.'I', A CENTR.AL ANGLE OF 27°59'44° FOR AN ARC
I}IS'I'ANCI~ OF 273 6] FF. ET TO A POINT OF REVERSE CURVATURE;
TI IF. NCR NORTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A
ff, ADIIIS OF J.SO OO FEET, A CENTRAl. ANGLE OF 04'06'01" FOR AN ARC DISTANCE
(]1: 2~ uS I.I[I£T 10 A POINT OF INTERSIJ. L'TION WITII A NON-TANGENT LINE;
'1 III~NCF. NORTII $6' 54'] ]' F. AST FOR A DISTANCE OF 118.23 FEET;
I III~.N('I.: N¢)R'I II 01'o5'27" WI[ST I:{}1( A DISTANCE OF 129R.20 FEE'I' TO TI Irt- POINT
( )F IIF.( ;IMNIN( ;,
I:'.¥11IH1T A
CONTAINING 6 850 ACRES OF I.AND, MORE OR LESS.
SI]iHEc'r TO I-:ASEMENTS AN[) ItESTRIC~rlONS OF ~COItl).
AGNOLI. BARBER & BRIJNDAGE. INC.
I'ROFESSIONAI, ENGINEERS, I'I.A~NERS AND LAND SURVEYORS
BY
RICIIARD L. SIIEI'IIARD P.LS. NO. 2474 DATE
REF. AIH} [)WG. FILE NO 5783
12-4,15Y~ DI~S
1
6G1
4
E.¥1IIBIT 4
!
I.AND DE~$CRIPTION OF LIFT STATION EASEMENT
A PARCEL OF LAND LYING IN LOT 159, BLOCK "B" OF THE PROPOSED PLAT OF HERITAGE
GREENS IN SECTION 28, TOWNSilIP ,18 SOgTll, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
SAID PARCEl. OF I.AND I3EING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 'FILE NORTIIEAST CORNER OF SAID SEC¥1ON 28; THENCE SOUTH 03'05'15'
EAST ALONG TIlE EASTERI.Y LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO
TIlE SOtYFIIERLY RIGtlT-OF.WAY LINE OF IMMOKALEE ROAD (C.R. 846);
'FllENCE SOUTll 89~10'00' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A
DISTANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°05'27- EAST
FOR A DISTANCE OF 1576.33 FEET; TllENCE SOUTH 68~)4'32" WEST FOR A DISTANCE OF 176.68
FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID CURVE, CONCAVE
NORTIIERLY, HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 46e14q34" FOR AN ARC
DISTANCF. OF 8.07 FEET TO A POINT OF TANGENCY; TIIENCE NORTH 65°41~24' WEST FOR A
DISTANCE OF I ! 5.00 FEET TO TIlE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL
OF I.AND;
TliENCE CONTINUF. NORTll 65°41~24' WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF
INTERSECTION WITll A NON-TANGENT CURVF FROM WIIICI! THE RADIUS POINT BEARS
soLrFII 6 ! °25'O2" EAST;
T! t ENCE NORT! I EASTERLY ALONG SAID CURV E, CONCAVE SOUTttEASTERLY, HAVING A
RADIUS OF 100.0~ FEET, A CENTRAL ANGLE OF 17~43'15" FOR AN ARC DISTANCE OF 30.93 FEET
TO A POINT OF INTERSECTION WITlt A NON-TANGENT LINE;
TIIF. NC[:. SOUTII 65°41'24" EAST FOR A DISTANCE OF 30.00 FEET;
'FI IF. NCE SOUTI! 24° 18'36" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
CONTAINING 0.024 ACRES OF LAND, MORE OR LESS.
SUIU!!CT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGN¢)LI, I3ARFIF. I( & I~RUNDAGE, INC.
PROFESSIONAl. ENGINEERS, PLANNERS AND LAND SURVEYORS
RICI IAI~) I.. SI IF. IH lARD. P.S.M.'NO.'2474
REI:: ABB DRAWING FILE NO. 5783
ATT£ST: /- /
District Manager
1 651
IN WITNESS WH}:R}:OF, the Grantor has cauaed these presents to
executed the date and year fir{t above written.
HIRXTAGE GRIINS COMMUNITY
O~ ozs~z~ . ·
- 2 ~f 2 -
between HERITAX]E GREENS COi~ITY D~q,'E{~OPM~ DIStil, an inde~nden~
~pecial dist~ icc est~b129~ed pursuant to Chapter 190, Florida S~atu~es,
its ~uccessors ~nd assigns, (hereinafter referred to ae 'Grantor'), and
the ~OA~D OF CO~TY C~MISSIONERS OF COLLIER ~. F~RIDA, ~ ~
~VERNING BODY OF COLLIER COUNTY ~D AS EX-OFFICIO ~E ~ING BO~
OF THE COLI. IE~ COUNTY WATE~ SEWER DISTRI~, its successors and assigns,
(hereina[t~t ~eier:',~d to ur; "Grantee").
W I ~ESSE~:
'i'ha~ ::aid G~.,nuor, for ~nd in consideration of ~he sum of Ten
Dollars (SlO 00) .,n~t ouher good and v~luable consideration Co maid
Grantor in h;~nd paid by said Grantee, the receipt whereof is hereby
acknow]ed,;~d, has ,~anted, bargained and sold to the said Grantee, and
Grantee's heizs, ~uccessors and a~]signs forever, all water and sewer
utility tact { it i*~. ]yln,~ wit. bin the following described land, t~ether
w~rh aDpUZ~,~n,,n~. ,~;lu~me~t rights for the operation, installation and
maint,nanc,~ ~',~ ~a~ [aci]~t,es, situate, lying and being in Collier
County, ~.']~,~ ~,{~, ~o w~ :
(sc,~ ,~ttached Exhibit "A" which is
~nccrpora[,2. d by r-ference herein.)
;,nd said G~anLor d~,~s hereby ful]y warrant the title to said utility
faa.it f[ i,-~, dnd will defend the same against the lawful claims of all
i',,t~:;,~ns wlm~n~;o, tw~r. For the purposes of this conveyance, the utility
faci] it i,:s co:~veyed herein shall not be deemed to convey any of the
lands descri~.ed in Exhibit "A". Grantor and Grantee are used for
singular and ~lural, as context tequilas.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
t~ether with the right to enter upon said land, excavate, and take
16G1
mdt. eri;~]~J t,,I LNg: purpr~m,: of constructing, operating, and
~[~ity t;~c~ltc~es thereon. Sran:or and Oran:es are used for s~ngular
or pl.ral, as the context requires.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed th~ el,ate and year first a~ve written.
~~~HERITA~E ~RE~NS COMMUNITY
A'
I~'EST: ~ / ~ ~~-- .
~is,rict Manager ~s M. ~ders, Chair~n _
-2 of 2-
16G!
I,ANI) DliSCRII' I ION OF I.',OAI) IUGII'r-OF.WAY LYING WIT].IIN ]'IIASE I-A
A I'ARCEI. OF LAND I.YIN(} IN SEC I'ION 211, '[OWNSI lip 48 SOUTI I, RANGE 26 EAS r,
CO[.I.IF.I( COUNTY, FI.ORII)A, SAIl) PARCEL OF LAND BEING MORE
I'AR'I'iCULARI.Y I)ESCRIBILD AS FOI.LOWS:
COff, IMENCING A r TIlE NORTI lEAST CORNER OF S~D SECTION 2~; TIIENCE
SOU'] ! I O] '05'15" I~AS'I' AI,()NG ] IIE I~AS'FERLY LINE OF SAID SE~ION 28 FOR ;.
DISTANCE OF I ~ O8 FEET '1'O AN IWI'ERSECFION WITI ! T! IE SO~tlE~Y
RIG! rr.oF WAY LINE OF IMhlOKALEE ROAD (C.R. $46); TI~NCE SO~I! $9' I~'
WEST ALONG SAIl) SOtfrl IERI.Y LINE FOR A DIST~CE OF 19111.]9 FEET TO T! IE
POINT OF IIEGINNING OF THE I IEREIN DESCRIBED P~CEL OF L~D;
'[i IE'NC[;. SOt£I'I I 119' 10'iX)' %VES'F CONTINUING ALONG SAID SOUTI IERLY LINE FOR
A DISTANCE OF 130 88 FElt'F;
I I IF. NCI:. SOU'I] [ 01 'o.r06' F. AS'F i'OR A DISTANCE OF 1110.39 FEET TO A POINT OF
CURVATURE,
'il IENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, 1 lAVING A
RADIUS OF 24:i95 FEET, A CENTRAL ANGLE OF 18'24'27" FOR AN ARC DISTANCE
OF 75 3~1 FI:.ET TO A POINT OF REVERSE CURVATURE;
THENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE WESTERLY, tlAVING A
RADIUS OF 482 OD FEET, A CEN FRAL ANGLE OF 10°51'24' FOR AN ARC DISTANCE
¢)F 91 31 FEET TO A POINT OF 'FANGENf,:¥;
T! IF. NCR SOt£1 II !0' 37'09' EAST FOR A DISTANCE OF 227.22 FEET TO A POINT OF
CIJR VATUl~:.,
'FI IENCE SOU'IIIERLY ALONG SAID CURVE, CONCAVE WESTERLY, I LasV1NG A
RAI)IUS OF 4112.00 FEET, A CENTRAL ANGLE OF 07°3:1'03" FOR AN ARC DISTANCE
OF 6.1 52 FI..'F.T TO A POINT OF TANGENC¥;
'II II~f'tCF. SOl.rill 0}'04'06° I:.AST FOlk A DISTANCE OF 391.88 FEET TO A POINT OF
CIJRVATURE,
'1'11ENCI~ SOL/'1111:RI.¥ AI.ONG SAID CURVE, CONCAVE WESTEILLYo IIAVING A
RAI)II IS OF }tX) CIO FEE'F, A CF.N rEAL AI'IGLE OF 37'46'42" FOR AN ARC DISTANCE
()1:197 81 FEIFI' T(J A POINT OF RF. VEItSI.~ CURVATURE;
'111EMCF. SOU'I I IWES'I'liRLY ALOI-IG SAIl) CURVE, CONCAVE SOLFFIlEASTERLY,
I lAVING A RADIUS OF 410 O0 FEET, A CiJ.rFRAL ANGLE OF 14°58"30" FOR AN
DISTANCE OF 107 16 FEET TO A POINT L)F REVERSE CURVATURE;
T! II~N(:[:. SOU'FIII:.RLY ALONG SAID CUP, VE, CONCAVE NORT! IWESTERLY, ]lAVING
A RAI)IUS OF SO; OO FEET. A CENTRAL ANGLE OF 27'59'45' FOR AN ARC DISTANCE
()1; 2.1,1 31 FEE]' TO A POINT OF REVERSE CURVATURE;
'I'II[:.NCF. SOUTIIWESTERLY ALONG S~II) CURVE. CONCAVE Sou'rlIEASTERLY.
IIAVIN(} A RADIUS OF 160 O0 FEE'F, A CI~NTRAL ANGLE OF 49°44'21" FOR AN ARC
i)I:S'FAr, aCE OF I]s ,,'o FEF. T TO A POINT OF COMPOUND CURVATURG.;
I Ill?Fl(' I! 5r)U'IIII?I(I.Y Al,ON('} SAIl) C.'l II%VE. CONCAVE EASTERLY. IIAVING A
I:AIHI rS t)l 12l~) (,~,~ I'EI~'I. A ('I;N I RAI. AIIGI.E OF 04'55'23" FOR AN ARC DISTANCE
I:',¥111111'1' A
16Gl ''
Of: IO3 I I II:.[:.T '[(7 A POINT OF COhlPOUND CURVATURE;
II II.:N¢:I: S(/LI'H IERI.Y Al.ON(; SAIl) CURVE, CONCAVE EASTERLY° I lAVING A
RAI)IIJS OF )(X)GO FEI:.T. A CI".NI'I~AI. ANGLE OF 1B'47'5.1" FOR AN ARC DISTANCE
()F ')g ,13 FEI:T I'O A POINT OF 'I'AN(;ENCY;
I I IENCF. SOU I Il 25'43',17' [:.AST F(JR A DISTANCE OF 316,55 Ft.:ET TO A POINT OF
(/1 ~14 VATUR[:.. '
'Il II:.NCE SOUTIII':ASTERLY Al.ON(; SAID CURVE. CONCAVE WESTERLY, tlAVING d
RAI)IUS OF 2,1000 FEET, A CEN'I RAI. ANGLE OF 22'38'52' FOR AN ARC DISTANCE
OF 9,187 FEET TO A POINT OF TAHGENCY;
TilENC[:. SOUTll 03'O4'55' EAST FOIl. A DIS'rANCE OF 166.18 FEET TO A POINT OF
CURVATURF.,
TI II':NCl': SO[JTI IERLY ALONG SAID CURVE. CONCAVE EASTERLY. IIAV]NG A
RADIUS OF 300 OO FEI:.T, A CF. NYRAI. ANGLE OF 10'47'44' FOR AN ARC DISTANCE
¢)F 56 51 FI:.F.T ']'O A POINT OF RF. VI:.RSE t'URVATURE;
'Il II;.N¢'I:. SO{ITl IF.I(I.Y ALONG SAIl) CURVE, CONCAVE WESTERLY, IIAV~NG A
RAI)IU5 OF 550 O0 l=[:.l~'l', A CI:.N'I'I~,AI. ANGLE OF 10'06'52' FOR AN ARC DISTANCE
OF 102 .39 FEI:.T 'l'O A POINT OF TANGEN('Y,
'H II:.I'~CE SOUI'II 03'45'.17" F. AS'I' I.OR A DIiTI'ANCE OF 369.01 FEET TO A POINT OF
TI II:.NCIL SOt`ITl II,'.RI.Y AI.ONG SAIl) CUR. VE, CONCAVE NOI4,TtlWESTERLY. I lAVING
A RAI)IUS OF 4770 FEET, A CENTRAl. ANGLE OF OO°OO'O0" FOR AN ARC DISTANCE
OF 7.1 ~12 FEI:T TO A POINT OF TAHGENCY;
TI ll:.tl('!! SOUTI I 86' 14'l 3' WEST I:OR A DISTANCE OF 412.$2 FEET;
'l III:.NCF. SOUTll 03'05'09' EAST FOR A DISTANCE OF 60.00 FEET TO A POINT OF
('URVA I UR I:..
H IENCI:. soLrll II:.RLY ALONG SAID CURVE, CONCAVE NORTIIERLY, IlAVING A
RADIUS OF 60 00 FL:ET, A CEN~ RAIo ANGI.E OF 162°53'3 I' FOR AN ARC DISTANCE
OF 170 58 FI:.I!T 'tO A I'OINT OF REVF. RSE CURVATURE;
'1111:NCI: NORTI IF. RI.Y AI.ONG SAID CURVE, CONCAVE SOUTIIEASTERLY, IlAVING
A RAI)IIJS OF 25 OO FEET, A CF. NTP, AL ANGLE OF 72°53'38" FOR AN ARC DISTANCE
()F ] I 81 I:F. ET 'lO A I'OINI' OF TANGENCY.
'1 I IENCli NORTI I a6' 14'l 5' EAST FOR A I ~ISTANCE OF 272.28 FEET TO A POINT OF
('tJRVA'I tIRI:.,
'1 I IENCI! EASTERLY Al. ONG SAIl) t?DI',VE, CONCAVE NORTtIWESTERLY, IIAVING A
I%~,I)IIJS OF 107 70 FEET, A CEN'EIU',I. ',NGLE OF 90'00'00' FOR AN ARC DISTANCE
¢}F It~,~ 17 FEI!T 'l'O A POINT OF TAIIG;NCY;
'1111:f'H'li NOR I II O3',15',17' WI!ST I:O;~ .~ I.)ISTANCE OF 369.01 FEET TO A POINT OF
¢ 'l Ilt, VA'I t ~ 14 l"..
I III..NCI:. NORTI IF. RI.Y Al.ON(; SAIl), URVE, CONCAVE WESTERLY, llAVING/,
RAI)IIIS, OF 6.1o ex) FEET, A CI.~N3'RAI ;NGLE OF 10'06'52" FOR AN ARC DISTANCE
¢~1. 112 vic I;I:I..'T I¢) A I'OINT (Il; REVI '.SE CURVATURE;
'111ENCli NOR II IIiRLY ALONG SAID t URVE, CONCAVE EASTERLY, IIAVING A
RADII IS OF 2.10 OO FEF.'T, A CF. NTRAI. ANGLE OF 10'47'44' FOR AN ARC DISTANCE
t}l: .15 22 H:.F. I' 90 A POINI' Ol: TANGI NCY;
'11 II:NCI: NOR l'll 03'0.1'55' WI:ST FOR A DISTANCE OF 166. lB FEET; TO A POINT OF
E,¥11IBIT A
1661
(JUl(VA I Ultl':,
TI iI!N('I:. NOR] I IERI.Y Al.UNO SAIL) CURVE, CONCAVE WI.~'I'EitLY, IIAVING A
RADIUS OF 300.00 FF.F. r, ^ CF. NTRAL ANGLE OF ! l'Sl'10" FOR AN ARC DIST,.M~ICE
OF 62.06 FEET TO A POINT OF REVERSE CURVATURE;
TI I I£NCE NORT! IIiRLY AI.ON(] SAID CUP, VE, CONCAVE SOUTI IEASTEI~LY, I lAVING
A RADIUS OF 2S.00 FEE'F, A CEN'I'I{ff~L ANGLE OF 88°39'5 I" FOR AN AR(] DISTANC~
OF 35 69 FF.F.T TO A POINT OF TAN(iENCY;
'I 1 lEI'ICE NOIr, T! I 73"43'46' EAST FOR A DISTANCE OF 274.1~ FEET TO A POINT OF
CURVATURi:':
T! IF. NEE EASTERLY ALONG SAID CUI{,VI:-, CONCAVE $OUTILERLY, itAVIN(] A
ff, AI)IUS OF SO0 (JO FEET, A CI:.N'I'RAL ANGLE OF 32"S]'47" FOR AN ARC DISTANCE
OF 2117 05 I:EI.;T TO A POINT OF TANGI;-NCY:
T! IENCE SOUTIt 73"22~27' EAST FOR A DISTANCE OF 19.2S FEET;
'Fl IENCE NORTll 39°511']0" EAST FOR A DISTANCE OF 65.35 FEET;
TI IENCF. NORTi I 73'22'27" WI:..~T FOR A DISTANCE OF 4S. I S FEET TO A POINT OF
CURVA]'UItI:.:
TI IF. NCE WESTI'.'RLY AI.ONG SAlt) CURVE, CONCAVE SOUTtlERLY, IIAVING A
RADIUS OF 560.00 FEET, A CENTRAL AN(~LE OF 32°53'4?" FOR AN ARC DISTANCE
OF 321.53 FF.[:.T TO A POIN'F OF TAI4GENCY;
T! IENCF. SOU1 II 73"43',16" WEST FOR A DISTANCE OF 2116.65 FEET TO A POINT OF
('IJRVATIJItF.,
TI IF. NCF. WF.£TF. IU.Y ALONG S^II) CURVE, CONCAVE NORTllEASTERLY, llAVINO A'
ItADIIJS OF 25 OO FI:.I~'F, A (,I';FFI'R^L AN(.ILE OF 80°32"26' FOR AN ARC DISTANCE OF
15 14 FI']I~T 'IO A I'OINT OF 'FANGI£NCY;
'1111.;NCI:' NOR'Ill 25',1]'47" WI'~,~T FOP, A I~ISTANCE OF 266.~7 FF. ET TO A POINT OF
('UItVATUItE,
TIIF. NCF. NORI IIWI.;STI;.RI.Y At. UNO SAiD CURVE, CONCAVE EASTERLY, ilAVING A
RADIUS OF ;240 OO FEET, A CEN'I'ItAL ANGLE OF 15°47'54' FOR AN ARC DISTANCE
OF 78.7,1 I:F. ET 10 A POINT OF COt, IPOUND CURVATUI~;
'i'111iNL'E NIJRTI IERLY ALONG .~AID (JURV£, CONCAVE EASTERLY, I I^VINID A
I(AI)IIJS OF 11,1(~ GO FF.F. r, A CI'~N'[I{A,L AIIGLE OF' 04°~"2~' FOR AN ARC DISTANCE
OF 9795 FI.'.I':.T TO A POINT OF COhlI'OUND CURV^TURE;
'Fl I[.'.NCE I'iORT! IERLY ALONG SAID ('UI:VE, CONCAVE SOU'F! IEASTERLY, I IAVING
A ItAI)IUS OF IOOOO FEF.'F, A CI£N'FI~,AL ANGLE OF 49°44'21- FOR AN AR(] DISTANCE
OF 86.81 FF. ET 'IO ^ POINT OF REVI£1(S[:. CURVATUR£;
TI II'~NCF. NORTI I£^$TERI.Y ^I.ONG SAID CURVE, CONCAVE NORTtlWE,~;T£RL¥,
IIAVItq(; A RADIUS OF 560 OO FFE'r. ^ CENTRAL ANGLE OF 27°59'44' FOR AN ARC
I)IS'I AN¢;F. OF 273 63 FI.~F'I 'IO A I'OIN 1' OF REVERSE CURVATURe;
'! I IF. NCF. NOR'I I IF. ff, I.Y AI.ON(~ SAID CUF, VB, CONCAV]~ EASTERLY, llAVING A
RAI)ltJS (.Uv .150 OO FI~ET, A CI.;N'FItAL ^NGL£ OF 04 °0~'01' FOR AN ARC DISTANCE
(~F 25 05 FliEr TO A POINT OF INTERSE(.'TION WIT!! A NON.TANGENT LINE;
'111!!NCI:. NOR'I'll $6°54'33' EAST I'OIt ^ DISTANCE OF 115.2] FEET;
II IF. NCF. NOI{'I I I 0 ] °05'27' WEST I:O1( A DISTANC£ OF 129~.20 FEE'F TO TIlE POINT
()1: ilF.(;INNIN(i.
'!
t'.',¥tlffl~l'l' A
('ON I'AINIt.~G 6.850 ACRES OF LAND, MORE OR LESS.
SIJLU[:.CTI' TO i:.ASEMF. NTS AND RESTRIC'rlONS OF RECOi~,D.
AGNOI.I, BARUER Sc DRUNDAGE, IN(2.
PROFESSIONAl. ENGINEERS, ?[.AHNERS AND LAND SURVEYORS
BY
RICIIARI) 1, SIIL:IqIARI.) I'.I.,S, NO. 2474 DATE
RI:.F,: Al.TI) L)WG FII.E NO 5783
12-4,15Y6 I)ES
1 6Gl
4
I~XIIIBIT' A
16G1
43
4!
I.ANI) I)F. SCI(IIrI'ION OF I.IFI' STATION EASEMENT
A PARCEl° OF I.AND LYING IN LOT 159, BLOC~ 'B' OF TIlE PROPOSED PLAT OF HERITAGE
GREENS IN SECI'ION 28, TOWNSilIP 48 SOUTtt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
SAID PARCEl. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT l'l I E NOR'I! I EAST CORNER OF SAID SECTION 28; TtlENCE SOUTtl 03°05'15'
EAST AI.ONG T! IE EASTERLY I. INF. OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO
TI I E SOUTI IERLY R IGt IT-OF-WAY I.INE OF IMMOKALEE ROAD (C.R. 846);
'Fi IENCE SOUTH 89° I0'00' WEST ALONG SAID SOUTHERLY RIGttT-OF-WAY LINE FOR A
DISTANCE OF 1981.39 FEET; TtlENCE I.EAVING SAID SOU'DtERLY LINE SOUTH 03°05~27' EAST
I:OR A DISTANCE OF 1576.33 FEET; TttENCE SOUTH 68°04'32' WEST FOR A DISTANCE OF 176.68
FEET TO A POINT OF CURVATURE; TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE
NORTIIERLY, ltAVING A RADIUS OF I0.00 FEET, A CENTRAL ANGLE OF 46°i4'04' FOR AN ARC
DISTANCE OF 8.07 F E ET TO A POINT OF TANGENCY; THENCE NORTtl 65°41'24' WEST FOR A
DISTANCE OF I 15.00 FEET 7'0 TIlE POINT OF BEGINNING OF THE IIEREIN DESCRIBED PARCEL
OF I.AND;
TIIENCE CONTINUF. NORTti 65°41'24' WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF
INTERSECTION WITtt A NON-TANGENT CURVE FROM WtlICi! TIlE RADIUS POINT BEARS
SOUTll 61~25'02" EAST;
TI IENCE NORTI IEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, tlAVING A
RADIUS OF IO0.0~ FEET, A CENTRAl. ANGLE OF 17°43'15' FOR AN ARC DISTANCE OF 30.93 FEET
TO A POINT OF INTERSECTION WITI! A NON-TANGENT LINE;
TliENCE SOUTll 65°41~24' I'.'AST FOR A DISTANCE OF 30.00 FEET;
TIIENCE SOUTI I 24° 18'36~ WI:~;T FOR A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING;
COI~rAINING 0.024 ACRES OF LAND, MORE OR LF~S.
SUIISECT TO EAS[:'MI.;NTS AND RESTRICTIONS OF RF. CORD.
AGNOLi, I:IARBF. R & BRUNDAGE, INC.
PROFESSIONAl. ENGINEERS, PI.ANNERS AND LAND SURVEYORS
BY .... ~-.-
RICIlARD L Sl'IEPItARD, lr .S.M. NO. 24'/4
REI:; gall DRAWING I'II.F. NO, 5783
tt'p 0,t ,/o~,e'?
OWNER' S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared
,James M. Reinders, who to me is well known, and having been duly'
sworn and under oath, deposes and states:
I . M,/ namr- ts ,Tames M. Reinders. ! am over the age of
twenty-on.? ~2]) ye;~¥s, am ssi juris, and have personal knowledge of
the facts contained herein.
2. [ am ~he Chairman of the Board of Heritage Greens
Community Development District, a local unit of special put,se
Jocal government organized and existing in accordance with the
Un]fc,~m Community Development District Act, Chapter 190, Florida
St,lttit,~l, ,~. ,~m~,rl~J*~rj, r~'~ll~ ~ O[ said real property located at
tlerit, age G~,~,~nr~ Pha~e IA, and legally described on Exhibit A.
~. All persons, firms, corporations, including the general
contracto~ and all subcontractors, who have furnished services,
Jabot or mater~aJs accordin9 to plans and specifications, or extra
items, us~,d in the construction er repair of the water and sewer
utiZity faci~it~e~ on the real e~tate hereinafter described, have
been paid in full and that such work has been fully completed and
,~ccepted l,y tim r~wner.
4. ~o claims have been made to ~ner by, nor is any suit now
pendin~.] on l,,~half of, any contractor, subcontractor, la~rer or
m,,teri;ilma~, ,tnd [urthe~- no chattel mortgages or conditional bills
ot sa]e ha,de been given ~r are now outs~anding as to the subject
ut ility facil~tien placed upon or installed in the aforesai~
pr'emisea.
5. The tit i 1 i t:y faci 1 it les described herein are not included
i~, encumbered by, or subject to any real property ~rtgage,
-1 of 2-
166'I
chart, e! m(_,rtg,lge, a~curity agreement, Uniform Commercial Code
financi~g stdtement, or any other encumbrance.
6. As and on behalf of the owner of the subject utility
facilities, does for valuable consideration hereby agree and
guarantee, to hold the Board of County Commissioners of Collier
County, Florida, ,~s the governing body of Collier County and as Ex-
Officio th,; Governing Board of the Collier County Water-Sewer
District harmless against any lien, claim or suit by any general
contractor, ~Jubcontractor, mechanic or materialman, and against
chattel mortgages, security interests or repair of the subject
utility facilities. Affiant is used as singular or plural, as the
context rec]~i res o
The utility facilities referred to herein are located within
the r,~,~l p~Ol,,.rt.y d.:s~'~'fbed in the attached Exhibit
I"llRTI{L'~ AFFIANT SAYETH t/AUGIIT.
I~A'I'ED t. hi:; ff rt,~y of .... 1997.
ha i ~an
SUBSCRIBED AND SWORN tO before me this /~ day of
.......... 1997 by .~ame~; M. Reinders.
~.~v~. I S~na~ure o~ Notary Publi~
~(-(~(~~.1~.!~] Print, ~pe ~r Stamp ~tssioned
Name of Notary Public
Personally Known
OR Produced Identification
Type ,,t [dentif ~c ,tion Produced
I,ANI) I~liN¢;RIl'l ll)N ¢)1; I,:()Al) RI(;II i'.OF-WAY LYING WI'l/liN I'IIASE I-A
A I'AI(CI;I. ()1: I.AND I.YIN($ Ihl SI:C I'ION 28, TOWNSIlIi' 48 soU'rll, RANGI~ 2~ I~AST,
('I)I.I.II~R COIJNTY, I.I.(~RII)A, SAIl) PARCEL OF LAND IIEIN~ ~IORE
I'AI(TICI II.ARI.Y t)ESCRIUED AS FOI.LOWS:
('(~NIMENCIN($ A'F T! IE NORTI II~AS'I' CORNER OF S~D SE~ION 2~; T! IENCE
SOUl II O}'OS'l S' liAS'I' Al. ON() ~I II~ EASTERLY LINE OF SAID SE~ION 25 FOR A
I)IS'I'ANCI~ OF I~ Og I;[~l~'l' TO AN IN'I'ERSE~ION WITII TIlE
RI(}I IT-OF WAY LINE OF I~IhlOKAI.I~E ROAD (C.IL ~46); T! ~NCE SO~I !
WEST ALONG SAIl) SO~IIERI.Y LINE FOR A DISTANCE OF 19S1.39 FEET TO TIlE
PI)IN F 1)1; III (HNUIN(; {)F 'I II1~ I II.RI~IN DI~SCRIIIEI)PARCEL OF LAND,
I I II~N~;I~ S~)tJ I i I ~9' I~FI~)' Wli~; i' ('¢)tI'[INUIN(} AI.ONO SAID SOUTI IERLY LINE FOR
A I)IS'I AN('I~ ()1. I }ORR I:[~I~'F,
II II~N(,li St)lllll O I'I~l'i~," I!AN I I.I sit A I)IS'I'AN(]I~ OF 150, }9 FEIFF TO A POINT
( URVAI lJRl!,
'111i~NCE SOUTI IERLY AI.ON~ NAIl) CURVE, CONCAVE EA~Y, I~NG A
RADIUS OF 24].9S FEET, A CENTRAL ANGLE OF 1~'24~7' FOR ~ ~C Die. CE
OF 7~ ]g I:[~ET TO A POINT OF ItEVI~RSE CURVATU~;
'1111~NCI~ SO~! IERI.Y ALONO SAID CURVE, CONCAV~ W~ST~Y, I ~VINO A
RAI)ll IS OF 4~2 ~ FEI~'I', A CEN FRAI. AHOLI~ OF I0'51'24' FOR AN ~C DIST~CE
I)I: 91 33 FI~ET 1'O A POINI' OF '1
'I1 IENCE SOIFI'Ii IO'3T~' EAST FOI~ A DISTANCE OF 227.22 FEET TO A POI~ OF
('IJRVA I
'1111~Nt'i: S¢~IJ1 III~RLY AI.ON(J SAID CURVE, CONCAVE WEST~I(LY, I~NG A
RAI)IIJS OF ,1~2 ~ FEE'F, A CI~NTRAI. AN(;LE OF 07'33'0]' FOR AN ~C DIST~CE
OF 6J S2 I'lil~ !l l(} A I'OIN'l' OF 'FANGI{NCY.
'111ENCI~ SOUTI i O~'o,r~' EAST FOR A DH:'FANC~ OF 39188 FE~T TO A POI~ OF
CIJItVA'I
Ti II~tiCl~ SOt~l III:RI,Y AI.()NG SAIl) CURVI~. CONCAV~ W~T~RLY, llAVlN6 A
RAIHIJS OF 3~ t~) i:l~l~'r. A CI~N~ RAL ANGI.E OF 37'46'42' FOR ~ ~C DIST~CE
(U: 197 ~1 I:I~ET TO A POIN-I' OF RI~VI~RSI~ CURVATUI~;
'II IENCI~ SOIJIlIWESTI~RLY AL()MG SAIl) CURVE, CONCAVE SO~llEASTERI.Y.
I IAVII4(; A RAi)IIJS OF ,I i0 ~ FEET, A CI:FFF~I. ~GLE OF 14'5S~0' FOR
I)IS'FANCI~ OF 107.16 FEET TO A POINF OF REVERSE C~VA~RE;
'11 II~Fl(.'l,. SOtI I I I[~RLY Al.ON(; SAIl) CURVE, CONCAV~ NORTI IWESTERLY. I IAVINO
A RAIHI/S OF ~t~ ~ I:i~ET. A CEN'I RAI. ANGLE OF 27'5~4~" FOR AN ARC DISTANC~
()1; 2,H ] I I-l~liT [O A I'O!~1' OF RI~VERSt~ CURVATU~;
I l ll~FICli SOUTI IWI~STERLY ALOF/G SAIl) CURVE. CONCA~ SO~IlE~TE~Y,
I IAVING A RAI~IUS OF I(~ ~ FEIFI', A CE~I~L ~GLE OF 49'44~!' FOR ~ ARC
I )lSi Atl('l? ()F 11~ ~ FI?ET T{J h I'O1~ OF COMPOUND CURVA~R~;
II II:re('~ ~()III[II~RI.Y AI.ONC; SAIl) CIUtVE, CONCAVE EASTE~Y, ilAVING A
I:AIHI]~ (JF 12(~J (~ I.!~1:'1'. A (;l~H IRAI. ANGLE OF 04'55'23" FOR AN ARC DISTANCE
XIIII;I'I' A
1661
¢~1: PO! !; FEET TO A i'(~Nl' (}F ¢'OI~tI'OUND CURVATURE;
I !;F.N¢:F. SOU ~lii:ff, i.Y Al.ON(; SAil) CUKVE, CONCAVE EASTERLY, IIAVING A
RAI)IUS OF 30(.~ 00 FF.E'I', A CENTRAl. ANGI.E OF 111'47'54' FOK AN ARC DISTANCE
OF 98 43 FEET TO A I'OIN f OF '1AN(;ENCY;
'111ENCE SCUT! I 25'43',17' EAST FOIl A DISTANCE OF 316.55 FEET TO A POINT OF
CURVA'FUI~.F., '
11 IENCF. SOtFI'III~ASI'IiRLY ALONG SAID CURVE, CONCAVE WI:.STERLY, ! lAVING A
RAI)IlJS OF 2,10.00 FEET, A CEN'I'i~AL ANGLE OF 22'35'52' FOR AN ARC DISTANCE
OF 9,1 87 FF.F. 1' TO A POINT OF 'FAtlGENCY;
TI IF. HCI-~ SOUI'II O~'04'55" EAST FOR A DISTANCE OF 166. Iii FEF. T TO A POINT OF
CURVATURF.,
TI IF. NCF. SOLFfl IF. RI.Y Al.CNG SAID CURVE, CONCAVE EASTERLY, llAVING A
RAI)IIJS OF 300 cO FI".F.T, A CEH'I'RAI. ANGLE OF 10°47'44" FOR AN ARC DISTANCE
(}F 56 53 FliI~T 'i'O A i'()IN'I' OF IH:.Vf:.RSE CURVATURE;
1111iN~'F. SOll'I! IF. RLY Al.CNG SAID CURVE, CONCAVE WESTERLY, IIAVING A
RADII IS OF 580 CO FIeF. T, A CF. NTI~AL ANGLE OF 10'06'52' FOR AN ARC DISTANCE
(}1:1o2 ~9 FI.lET TO A I'(71N'F OF TAI,IGEN('¥;
'1111;.t4CF. SOIJTII O~'45',i7' EAS 1' I:¢JIt A DISTANCE OF 369.01 FEET TO A POINT OF
(~ IRVA'I UI~. F.,
II Il(NC;l! SOU'I1 IF. RI.Y AI.¢)NG SAIl.} CURVE, CONCAVE NORT! IWESTERLY, I lAVING
A ItAI)IIJS {)1:,17 70 FF. li'i'. A ¢'F.N lEAl. ANGI.I'~ OF 90'OO'OO' FOR AN ARC DISTANCE
(iF 7.1 ~)2 Fl:l: !' TO A I'OIN [ (}F 'I'^I~IGENCY,
TI I!!N('I! SOU1 11 86° 14'13' WESI' IOR A DISTANCE OF 41252 FEET;
'I I IF. NCI! SOUl II O] °OS'O~)' EAST l:OR A DISTANCE OF bO,00 FEET TO A POIN'F OF
CIJR VA'[ URF.,
T! IF. NCF. S(TU'! IIEItLY ALONG SAID CURVE, CONCAVE NORTilERLY, IIAVING A
RADIUS OF 60 CO FEF. T, A CEN I RAi. ANGLE OF 162°53'3 I" FOR AN AEC DISTANCE
¢)1:170 55 FF.I.:'F TO A I'OIN'F OF REVF. IILSE' CURVATURE;
~ I IF. NCE NOR'II IERLY ALONG SAID CURVE, CONCAVE SOLITI IEASTERLY, I lAVING
A RAI)IUS OF 25 CO FEE'F, A CF. NI'RAI. ANGLE OF 72'511'35" FOR AN ARC DISTANCE
OF J 1 81 FEET 'I O A POIN'F OF TANGI'~NCY;
TI IF. NCF. NOR1 I1 86' 14'13' EAST FOR A I)ISTANCE OF 272,28 FEET TO A POINT OF
( fiji( V A'IUIt F..
'1111.~NCI.~ FAS II:R! Y AI.ONt; SAIl) ~"IiltVF., CONCAVE NORTIIWESTERLY, IIAVING A
ItAi~IIJS OF IO7 70 I;l']:.l'. A CI~H'IItAI. ',FI~iLE OF 90'0000' FOIl AN ARC DISTAl'iCE
(.Jr: 16~ 17 I.I.]i'l' 'I'O A P(71NT (71: TAI IG
'1 III. N('I.~ NOI( I II OJ ',1Y.I 7' s,¥1.~S'l' FO!' .ss IHS'I'ANCE OF ~69.OI FEE'F TO A POINT OF
(,Hit VA I IJIt, F.,
'1111~NCF. N(Jlt'I'I Ii:I~I.Y ALONG SAID, I. JIC. VI:., CONCAVE WESTEIU.,Y, tlAVINO/,
ItADIIIS OF 64o 00 FEF. I', A CF. NTIC. AI .ssI'IGLE OF 10'06'52" FOR AN ARC DISTANCE
(}F 112 9:$ FF.F.T '1 ¢7 A POINI' OF P, liVI .',SE CURVATURE;
'111F. NCI:. NOR'Il IERLY ALONG SAID ~ URVE, CONCAVE EASTERLY, IIAVING A
itAI)IUS ()F 240 00 FEF. T, A CF. NTRAI...\NGLE OF 10°47'44" FOR AN AEC DISTANCE
(}1:45 22 FEI:.Il l'O A I'OINT O1: 'I'ANGI NCY;
'1'111;.NCI~i N(.}K I Il 03'0,I'55' WEST F',H~, A DISTANCE OF 166.18 FEET; TO A POINT OF
~ 4
I",.¥/lltilT 4
16G1
('I ;I~ VA'I UP, F,.
'111F. NCI'~ N(JR'IIII~I{I.Y Al.ON(} SAIl) CURVE, CONCAVE WES'I'ERLY, liAVING A
RADIUS OF 300 00 FI';F.T, A CF. NI'RAI, ANGLE OF Ii °5 PI0" FOR AN ARC DISTANCE
OF 62 oa FEET TO A POINT OF REVERSE CURVATURE;
TI IENCI[! NORII IERLY AI.ONG SAID CURVE, CONCAVE SOUT! IEASTERLY, I lAVING
A RADIUS ¢)1" 25 OO FEE'F, A CENI'RAL ANGLE OF 85°39'51" FOR AN ARC DIS'rANCE
OF 38.69 FEF. T TO A POINT OF TANGENCY;
TI IElqCli NORT! I ?]°43'46' EAS'r FOR A DISTANCE OF 2?4.18 FEET TO A POINT OF
CIJRVAI'UIU:.;
'Fi II:.NCE EAS'FERLY AI.ONG SAIl) CURVE, CONCAVE SOUTI IERLY, I lAVING A
RADIUS OF 500 OK) FEF/F, A CENTItAt. ANGLE OF 32°S3'47' FOR AN ARC DISTANCE
OF 257 O$ I:El~:l' 'FO A POINFI' OF TANGENCY;
TllENCE SOUTll 73'22'2']' EAST FOR A DISTANCE OF 19.25 FEET;
TllEI'K:E NORTII 39°5~'30' EAST FOR A DISTANCE OF 65.35 FEET;
l'l IENCE NORIt I 73'22'27' W[iST FOR A DIS'rANCE OF 45.15 FEET TO A POIN'r OF
CURVATURE,
T! IENCE WF.S'[ERLY ALONG SAiD CURVF., CONCAVE SOUT! IEI*,LY, llAVING A
RADIUS OF 560 OO I. EI-TF, A CENTRAL ANGLE OF 32°53'47' FOR AN ARC DISTANCE
OF 32153 FEE'r 'ro A POINT OF TANGENCY;
TilENCE SOU[Ii 73°43',16' WEST FOR A DISTANCE OF 286.68 FEET TO A POINT OF
CIJRVATUItE,
'1'11ENCE WI.~S'II:.RI.Y AI.ONG SAIl) CURV[i, CONCAVE NORTI IEASTERLY, iiAVING A
RADIUS f)F 25 tX) FF. ET, A CENTRAL ANGLE OF $0°~i2'26' FOR AN ARC DISTANCE OF
t5 I.I Flili'F TO A POINT OF TANGI!NCY;
'1111:.NCI! NORTI ! 25'4Y,17' WEST FOR A DISTANCE OF 266.87 FEET TO A POINT OF
CIJRVATUItL:;
TI IF. NCL: NORll IWES'I F. RIoY AI.ONG SAID CURVE, CONCAVE EASTERLY, ilAVING A
I{AI)IIJS OF 2,tO tX) FEET, A CENTRAL ANGLE OF 15°47'54° FOR AN ARC DISTANC£
II1:78 7,I I:I:I..'T 'I O A I'OIN'I' OF COMPOUND CURVATURE;
'1 IIIiNCF. NOR'IIlF. RI.Y AI.ONG SAID CURVE, CONCAVE EASTERLY, llAVING A
RAi HUS OF 1140 OO I.l!li I', A CF.N I'RAIo ANGLE OF 04°55'23- FOR AN ARC DISTANCE
(IF 9795 I:EF.I' '10 A POINT OF ('OMi'OIJND CURVATURE;
'IIIENCI£ NOR'I I IERI.Y AI.ONG SAID ¢'UI'.VE, CONCAVE SOUTIlEASTERLY, IL&VINO
A RAI)IUS OF IOO O0 FI'~ET, A CF. NTRAI. ANGLE OF 49°44'21' FOR AN ARC DISTANCE
OF g6,$1 FI!F.T 'FO A I'OINT OF RI.:VF.I~St,: CURVATURE;
T! IENCI': NORT! IEASTF. RI.Y ALONG SAIl) CURVE, CONCAVE NORTtlWESTERLY,
II^VIN(; A RADIUS OF 560 OO Fl!ET, A CIiNTRAL ANGLE OF 27°59'44' FOR AN ARC
IIIS'I'ANCI£ OF 273 63 FEI:'T TO A POINI' OF REVERSE CURVATURE;
'111ENCF. NC)RTl IERI.Y ALONG SAID CURVE, CONCAVE EASTERLY, IL&VINO A
RADItJS OF 350 Cg) FEF/F, A CENTILAL ANGLE OF 04°06'01" FOR AN ARC DISTANCE
OF 25 05 FI!E'F '1'¢) A POINT OF INTERSI£CI'ION WITI! A NON-TANGENT LINE;
'1111/NCI.~ NOR'Ill 86'5,1'13' EAST FOR A DISTANCE OF 115,23 FEET;
1 ! Iii NCI! NOR'! I I 03'05'27' WF. ST F¢ IR A DISTANCE OF 129S.20 FEET TO T! IE I'OINT
OF IIF. GINNIN¢i.
I ¥11IBIT A
CONTAINING 6.850 ACP, F~ OF LAND, MORE OR LESS.
SUBJECT TO I.'.ASEMEN'I'S AND RESTIt, iC'FIONS OF KECOP, D.
AGNOI,I. BARBER & BRUNDAGE, INC.
PROFESSIONAL ENGINEERS. I'I,ANNER5 AND LAND SUI~,VEYORS
BY
I;,ICIIARD L SllEiqiARD I'.L.S. NO. 2474 DATE
P, EF AIIB DWG FII.F. NO 5781
12-445Y6 DES
4
EXHIBIT A
~ 43
4!
I.AND DESCRIPTION OF LIFT STATION EASEMENT
A PARCEL OF I.AND LYING IN LOT 159, BLOCK "B" OF TIlE PROPOSED PLAT OF ttERITAGE
GREENS IN SECTION 28, TOWNSIIlP 48 SOUTIt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
SAID PARCI:'L OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TI IE NORTIlEAST CORNER OF SAID SECTION 28; THENCE SOUTii 03°05'15'
EAST ALONG TIlE EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO
TIlE SOUTliERLY RIGIIT-OF-WAY LINE OF IMMOKALEE ROAD (C.R. 846);
Tl lENCE SOUTll 8cP 10'00'' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A
DISTANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTHERLY LINE SOUTH 03005'27'' EAST
FOR A DISTANCE OF 1576.33 FEET; THENCE SOLrrH 68°04'32'' WEST FOR A DISTANCE OF 176.68
FEET TO A POINT OF CURVATURE; TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE
NORTIIERI.Y, ltAVING A RADII,IS OF lO.00 FEET, A CENTRAL ANGLE OF 46°14'lM'' FOR AN ARC
DISTANCE OF 8.07 FEET TO A POINT OF TANGENCY; THENCE NORTI! 65°41'24'' WEST FOR A
I)ISTANCE OF 1 i 5.09 FEET TO TIIF. POINT OF BEGINNING OF TIlE IIEREIN DESCRIBED PARCEL
OF I.AND;
'I'IlICNCE CONTINLJE NORTIi 65°41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF
INTERSECTION WI'I'll A NON-TANGENT CURVE FROM WIIICH THE RADIUS POINT BEARS
SOUT! ! 61 °25'02" EAST;
Ti IENCE NORTIJEASTERLY A LONG SAID CURVE, CONCAVE SOUTHEASTERLy, HAVING A
RAD[US OF 100.00 FEET, A CENTRAL ANGLE OF 17°4Y15" FOR AN ARC DISTANCE OF 30.93 FEET
TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
T! IENCE SOUTil 65041'24" EAST FOR A DISTANCE OF 30.00 FEET;
TllENCE SOIZFII 24°18'36" WF. ST FOR A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING;
CONTAINING 0.024 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLi, [JARIIER & BRUNI)AGE, INC.
I'ROFF. SSIONAI. ENGINEERS, PI.ANNERS AND LAND SURVEYORS
RI~-~'A~-~-~..'~'t~-~RD. P.S.M. N~O. 2474
RI.F AIIIII)RAWINtil. II.IiNI3
THL~; AGREEMENT is entered into this 19t.__~h day of August . 1997. by
and between the HERITAGE GREENS COM'MI~'ITY DEVELOPMENT DISTRICT. an
independent special district established pursuant to Chapter 190. EI.~. hereinafter
referred to as 'District'. and HERITAGE GREENS CObOl'UNITY ASSOCIATION,
a Florida not-for-profit corporation, hereinafter referred to as the 'Association'.
WHEREAS, the District has the authority to exercise powers to finance, fund. plan.
establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain
systems and facilities for roads, water management, water supply, sewer, street lights, security
and parks and recreational facilities, among other powers, including all powers necessary.
convenient, incidental or proper in connection with any of the powers, duties, or purposes
authorized by Chapter 190. Florida Statutes: and
WHEREAS. the District desires to contract with the Association to operate and maintain
certain of the District's systems and facilities: and
WIIEREAS. thc Ass~x:iation desires to operate and maintain the District's systems and
facilities;
NOW. TllERE'FORE. thc District and the Association agree as follows:
1. The above recitals are true and correct and incorporated by reference herein.
2. The Association .,.hall operate and maintain the following systems and facilities
of the District at a minimum in compliance with all applicable statutes, ordinances.
administrative rule)/and regulations, and permit requirements:
Roads including all landscaping and sidewalks.
Irrigation water facilities not owned by Collier County.
Security including guardhouses.
D. Wa:er management and drainage.
E. Parks. common areas and recreational areas including conservation areas.
3. Ail other operation maintenance responsibilities for the District's systems and
facilities not otherwise addressed in this Agreement shall remain the sole responsibility of the
District.
a, District shall pay Association the sum of S10.00 per year for the performance of
the operation and maintenance responsibilities set forth in this Agreement.
5 The term of thi.~ Agreement is for a period of five years commencing on October
1. 1997. and shall be automatically renewed for additional one year periods after October i.
2002 unless either pan)' providen the other pan)' at least 90 days written notice of its intent not
to renew. District may cancel this Agreement at any time for any reason in its sole discretion
upon providing at lea~! '90 da)'~ written notice to other par~y of its intent to cancel this
Agreement.
6. An.~ociation ~hall be .~lely responsible for the staffing, budgeting, financing.
billing and collecti,~n of fees. as~.~sments. ,,er",'ice charges, etc. necessary, to perform the
operation and maintenance responsibilities ,,,et fi~rth in this Agreement,
7. As,,ociation shall procure at its expert,;e and at all times include the District as an
additional named insured ,~n comprebensi~'e liability insurance policies lo ecover the operation and
maimcnanc¢ re~lm~n.~ibilitics .,,ct f~rth in this Agreement. Comprehensi~'c liability insuranc, e shall
be in amounts determined by District Manager. Association. in consideration of Ten ($I0.00)
Dollars. the receipt and sufficiency ,~1' which is accepted, thxough the signing of this document.
shall hold harmless, defend and indemnif) District. its agents and employees, from all claims.
suits and atriums twbethcr fl~r negligence or otherwise), including claims for attorney's fees and
-2-
all costs of litigation, and judgments of any name and description, arising out of or incidental
to the perfo~ of this Agreement or work performed thereunder. This Section does not
pertain to any incident arising from the sole negligence of District.
8. This Agreement may only be amended in writing executed by both parties.
9. This Agreement shall become effective on October 1. 1997.
IN %'rI2~'ESS WH'EREOF. the parties hereto have executed this document the day ~
year fir~ above written.
Atlest:
District Secretary
HERrrAGE GREENS CO~IUNITY
Its: ChaitTi~f~
HERrrAGE GREEN. N~ CO,~LMUNITY
ASSOCIATION,
By: t"
-3-
16e,
~ OF ~G
THE ~~E ~
CONLAfUNITY D~O~ DISTRICT
The regular meeting of the Board of Supervisors of the Heritage Greens
C, ommt~nlty Development District was held Monday, August 18, 1997 at 9:00 A.M.
at 277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
James Reinders
Charles F. Bailey
Peter Comeau
Chairman
Supervisor
Supervisor
Also present were:
James P. Ward
Bruce Anderson
Dist~ct Staff'
Attorney
FIHST ORDER OF B~ Roll Call
Mr. Reinders called the meeting to order at 9:15 A.M. and stated the record
will reflect that Supervisors Comeau, Reinders and Bailey are present.
Mr. Reinders stated our sole purpose today is to continue this meeting to a
time certain tomorrow. Our r~ason for that is to try to save a few dollars in terms
of consultants as there is also another meeting tomorrow when it will ~ easier to
get all of the participants together. Unless somebody has anything in particular,
I would rather wait until we can get more people in person or present by phone to
carry on with our scheduled public hearing.
Mr. Anderson asked do we have any comments or changes that anybody
has on the Operation and Maintenance Agreement with the Homeowners
Association that was distributed at the last meeting? We need to approve that
tomorrow and I wanted to bring a final copy for signatures. Mr. Reinders stated I am fine with it.
Mr. Comeau stated I saw no corrections required.
Mr. Anderson asked what i~ the name of the homeowners association?
Can somebody call me back with that today, I need to insert that? Mr. Comeau stated I ~ll do so.
Mr. Keinders asked does anybody have anything else before I call the vote
on the motion to continue to nine o'clock tomorrow morning?
{O~..' MOTION by Mr. Comea'u seconded by Mr. Reinders[
wuth all in favor the Public Hearing was Continued to[
Tuesday, August 19, 1997 at 9:00 A.M. at 277 N. Collier[
Boul~ardI 1Vaples1 Florida.
Monday
1.~0 P~M.
1.
2.
3.
AGENDA
m~~~
COMMUNn~ D~OPMIlVT DISTRICT
277 N. Collier Boulevard
Marco Island, Florida
Roll Call
Approval of th~ Minutes of the July 30, 1997 Meeting
Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98
and Consideration of Developer Funding Agreement
A. Attorney
B. Engineer
C. Manager
Supervisor'e Request~ and Audience Commerlt~
Consideration of Funding P~quest~ 7
Adjournment
16Gl
State ~
C~ ~f Cmttt~
~ tt I ~ ~tt~ mt ~t~, t~
~ ~t~ t~ ftrtt ~tt~tt~ of t~
ltt~ ~ of ~ertt~t; ~ BfftMt
f~t~r ~ t~t ~ ~t ~tt~r ~td ~r
drift, r~te, c~tztt~ ~ ref~ for t~
~tt~tt~ In t~ ~td
AO S~ACE: 64.0CX) f~C~
~ltJO c~: C~/C~/97
' .7'?. '
MINIfFES OF MEETING
HERITAGE GREENS
COM]VfUNTrY DEVELO~ DISTRICT
1 SG?
The recessed meeting of the Board of Supervisors of the Heritage Greens
Community Development District which was held Monday, June 9, 1997,
reconvened on Wednesday, June 18, 1997, at 10:30 A.M. and recessed was
reconvened on Monday, June 23, 1997, at 1:00 P.M. in the offices of Ronto
Development, 277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
James Reinders
Raymond Hams
Charles F. Bailey
Ralph Klass
Peter Comeau
Chairman (By Telephone)
Vice Chairman
Assistant Secretary
Supervisor (By Telephone)
Supervisor (By Telephone)
Also present was:
James P. Ward
Bruce Anderson
Nancy Kerst
Assistant Manager {By Telephone)
Attorney (By Telephone)
Recording Secretary (By Telephone)
~ ORDER OF BUSINESS Roll Call
Mr. Reinders called thc meeting to order at 1:00 P.M. He stated this is a
continuation of the meeting to this time and date. Does the Manager have
anything to bring up?
Mr. Ward stated no other than to put of record it is June 23rd at one o'clock
and this is a continued meeting of the Heritage Greens Community Development
District and the record will reflect that all members of the Board are present. I
assume Mr. Harris is available in person at Ronto's office,
Mr. Harris responded yes I am.
Mr. Ward stated that is all I ne~ to put of record.
Mr. Reinders stated we originally embarked on this series of continued
meetings for the purposes of being able to timely provide Notice to Proceed to
Boness under our contract with them once the golf course loan had closed. I am
in the midst of that closing along with Mr. Klass and I suspect we will complete
that in fairly short order and see our loan documents recorded during the course
of the day tomorrow and various sums disbursed. We had not objected to Boness
proceeding with work, we have received their first draw request, we have had it
reviewed by the Engineer, we passed it along through Mr. Ward's office to the
Trustee, all with the thought that once we knew the golf course loan had closed we
would send Notice to Proceed to Boness and make timely payment of their first
draw. That is our status. Are there are comments or questions?
Mr. Comeau stated I understand U.S. Home's attorney has just been in
touch with your attorney.
Mr. Reinders stated that is correct.
Mr. Comeau stated I believe a solution has been reached in order to move
forward.
Mr. Reinders stated I understand that we are in accord on the community
association agreement which was the last outstancLing item.
Mr. Comeau stated what I would like to do if it is agreeable is upon
notification of Mr. Farqhuar that the loan has been closed and funds disbursed if
he could give us written notification of that completion and I would like to have
the C.D.D. Board in the position to authorize the Chairman to issue the Notice to
Proceed to Boness based on receipt from Mr. Ward's office and also U.S. Home
that this loan has been closed.
Mr. Reinders stated that is a motion that once we can get confirmation
from John Farqhuar's office to our Manager and to U.S. Home that the loan is
closed, that I am then authorized to send the Notice to Proceed, we will make the
first requisition payment and proceed accordingly. Is that the motion?
blr. Ward stated let me make one change to the motion and that is to
authorize your Enl~ineer to issue the Notice to Proceed in accordance with the
contract documents.
Mr. Reinders stated I assume you accept that change to your motion Mr.
Comeau.
Mr. Comeau stated that is correct.
Mr. Reinders asked do I have a second to that motion?
I On. M~)TION'"' by"Mr. (!'~mea'u s~c0r~d6d"b~" ~]rl BaiieYl
with all in favor the Engineer was authorized to issuel
the Notice to Proceed to Boness in accordance with the[
contract document.s upon notification to the District[
Manager and to U.S. Home,,,, that the,, loan has closed, ' I
2
1997
16Gl 4,mi
Mr. P~nders asked is there any other business? If not, I will entertain a
motion to adjourn the meeting.
On MOTION by Mr. Bailey seconded by Mr. Harris withI
all in favor the meetin~ was adiourned at 1:05 P.M.
I
~istant Secretary
3
AGENDA
DEV~O~ DISTRI~
Monday
Jtu~ 23, 1997
10:30 A.M.
Con~ued from
Jtme 18, 1997
277 N. Collier Boulevard
Marco Island, Florida
1. Roll Call
Presentation of Proposed Budget for Fiscal Year 1997-98 and
Consideration of Resolution Approving the Budget for the Purpose of
Setting the Public Hearing
Su~'Re~o~
A. Attorney
B. Engineer
C. Manager
4. Supervisor's Requests and Audience Comments
5. Adjournment
M/NUTES OF ~G
ttERITAGE GREENS
CObiNIUNITY DEV~_O~ DISTRICT
The recessed meeting of the Board of Supervisors of the Heritage Greens
Community Development District which was held Monday, June 9, 1997, was
reconvened on Wednesday, June 18, 1997, at 10:30 A.M. in the offices of Ronto
Development, 277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
James Reinders
Raymond Hams
Charles F. Bailey
Ralph Klass
Also present was;
Chairman (By Telephone)
Vice Chairman
Assistant Secretary (By Telephone)
Supervisor (By Telephone)
Bruce Anderson Attorney (By Telephone)
Donna Holiday Recording Secretary (By Telephone)
FIRST ORDER OF BUSINESS Roll Call
blr. Reinders called the meeting to order at 10:30 A.M. and stated that
Messrs. Bailey, Harris, Klass and Reinders were present representing a quorum.
Mr. Reinders stated this is a c~mtinuation of the meeting of June 9 and we
set this up on the expectation that the loan on the golf course would be closed and
that this would be our opportunity to formally authorize Boness to proceed with
their development work under the contract. That loan has not closed and now
appears scheduled to close on Friday of this week. Accordingly, I don't think
there is much we can do. My intent would be to entertain a motion to continue
this meeting to Monday of next week at the same time and in the same manner.
We might wait a minute for Air. Ward to come on the line to see if there is
anything further before we do that.
Mr. Anderson stated Air. Ward and I both have a Naples Heritage C.D.D.
meeting at 10:30 AM.on Monday.
Mr. Reinders stated we can ~ ork around your schedule. Would one or two
o'clock be suitable?
Mr. Anderson replied that would be fine.
Mr. Reinders asked does anybody else have a problem with that time?
Mr. Bailey stated that is fine.
Ms. Holiday stated I tltink that would work with Mr. Ward's schedule. His
next meeting on Monday would be at 3:30 P.M.
Mr. Reinders stated the meeting will likely only be ten or fifteen minutes
long. Rather than continue to wait, I will entertain a motion to continue this
meeting until 1:00 P.M. on Monday, June 23rd which we will do by phone.
MOTION by Mr. Bailey seConded bY Mr. Harris
in favor the meeting was continued to Monday, J nem
1997 a~ 1:00 P.M. at the same location. , ]
. J,,arn..~s~,eind~
"~hairman ~
Wsda~sday
Jun~ 18, 1997
10:30 A.M.
Continued from
Jun~ 9, 1997
A~A
BEI~IT. AGE ~
CO~ DEVELO~ DISTRIC~
277 N. Collier Boulevard
Marco Island, Florida
16G1
1. Poll Call
Presentation of Proposed Budget for Fiscal Year 1997-98 and
Consideration o[ Resolution Approving the Budget for the Purpose of
Setting the Public Hearing
A. Attorney
B. Engineer
C. Manager
4. Superviaor's Requesta and Audience Comments
5. Adjournment
MITqTJTE8 OF MEETING
CObI~'UNITY DEVI~O~ DLSTH.[CT
The regular meeting of the Board of Supervisors of the Heritage Greens
Community Development District was held Monday, June 9, 1997 at 10:00 A.M. at
277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
J~mes Reinders
Charles F. Bailey
Peter Comeau
Raymond Harris
Also present were:
Chairman
Supervisor
Supervisor
Supervisor
James P. Ward
Bruce Anderson
Jack McKenna
Jack ,Solomon
Bruce Rippen
Di~tric~ Stall'
Attorney
Engineer
Heritage Greens Development
Heritage Greens Development
FIRSr ORDER OF Bl. ISlNlil~ Roll Call
Mr. Reinders called the meeting to order at 10'00 A.M. and stated the
record will reflect that all Super','isors are present with the exception of Mr. K]ass.
SECOND ORDER OF B~ ~ of~ Budget ~
Fiscal Year 1997~ smi ~o~ of
Mr. Ward stated the first item on your agenda is the presentation of the
Proposed Budget for Fiscal Year 1998 and consideration of the Resolution
Approving the Budget for the purpose of setting your public hearing. Let me tell
you the process that you are required to go through relative to the adoption of your
Budget. I am reqmred to submit a budget to you by June 15th of this year for your
consideration and I am going to ask today that you approve the Budget solely for
the purpose of setting your public hearing. Statutorily, we must transmit this
Budget to the County in which the District resides at least sixty days prior to the
date on which the Board will consider the adoption of the Budget. The approval
that I will be requesting of you today will not bind you to any of the programs
and/or costs contained in the Budget but merely allow you to move forward
June9,1997 1 0~1 ~'~
through the process such that by the time you get to your public hearing, you will
be in a position to adopt the Budget and consider any assessment rates that you
may wish to impose in Heritage Greens. The Budget that ! transmitted to you has
two parts to it. One is a General Fund Budget which covers the basic
_~lmlnistration of the District itself. You will note that the Board needs to have
some discussion and decision as to whether or not these will go on the tax rolls for
November of 1997 and if you desire to do that, then we will need to add the
appropriate fees. Barring that, you will be required to enter into an agreement
with the primary developer for the purpose of reimbursement of the fees that are
outlined in this Budget. The second part of it is the Debt Service Fund Budget and
that is the series of bank accounts that are placed with your trustee that account
for all of the reserve requirements and capitalized interest assodated with your
Series 1996 Bond Issue. You ~ill notice it has essentially $495,000.00 in interest
coming due next year, interest expense on the Bond Issue for November of 1997
and May of 1998. You have about $266,000.00 in Unappropriated Fund Balance.
That is the amount of money that is available to pay debt service on those bonds
that was part of the capitalized interest account when we funded '.he issue. The
Developer Contribution is essentially the amount of money that will be required by
the developer in order to meet the debt service associated ~-ith these bonds. If you
have any questions, I w-ill be glad to :mswer them for you.
Mr. Comeau stated to break th~s down, one point is adoption of the Proposed
Budget and the second would be, do we want to go ahead and request assessments
to be levied.
Mr, Ward stated )'es. it would be "approval' of the Budget and the
"adoption' will come at the public hearing, You also need to decide on a pubic
hearing date which, as i indicated, needs to be at least sixty days from the date of
it~ approval and I have to tran.~mit it to the County so you have to give me two or
three days to get it to the County .~,lanagcr's Once.
Mr. Reinders asked should we address the question of whether we want to
put this on the tax roll so we can help define this Budget? It seems to me that
there is little to be gained for the expense incurred in doing that for this particular
fiscal year.
Mr. Comeau st~ted I agree.
Mr. Heinder.~ .',.~ked are there any comments?
Mr. Ward stated no.
2
Mr. Reinders asked is it our choice at this point and not required under the
Trust Indenture?
Mr. Ward stated you may be required under the Trust Indenture for the
debt service portion of that and I have to check into that for you; you are not
required to do that for the General Fund portion of it. We can certainly not do the
General Fund and if the Trust Indenture requires you to do the debt service, we
can handle it in that fashion.
Mr. Reinders asked do we need a motion to that effect or, for purposes of
di~zussion, are we going to assume there are no other fees and charges associated
with the Property Appraiser and Tax Collector?
Mr. Ward replied we will assume that and I will check into whether the
debt service is required. If it is, we will include those fees for your adoption
purposes but we won't include it for your General Fund purposes.
Mr. Solomon asked what is the Key Marco Budget in comparison to this
Budget?
Mr. Ward replied it is about $105,000.00 or $108,000.00.
Mr. Bailey stated there are two items on the Budget that are marked "Not
applicable for 1998". I am assuming that is what N/A stands for but they show up
as dollar amounts.
Mr. Ward stated they actually are going to be applicable to 1998.
Mr. Reinders stated you will correct that reference accordingly. What are
Dissemination Agent Fees?
Mr. Ward replied when we did the Bond Issue, one of the documents that
we signed was an Agreement that both the District and the Developer will comply
with an S.E.C. rule that was adopted a couple of years ago. On a municipal issue,
it requires you to submit or~ a quarterly basis, and then on an annual basis, to
seven different repositories .',round the country certain information relative to
your Bond Issue s~Jch as the status of the development, the number of units that
are planned to be constructed, the number of units that are sold, that kind of
Developer information. From the District's perspective, the balances in all of its
bank accounts, financial information, how tax revenues are coming in, what the
collection ratio is, ~f there are any delinquencies. In federal law, that is called a
dissemination service, so the comps, hies that do that are called dissemination
agents.
Mr. Reinders stated I assume most of that information comes through your
offices to these agents who then package it and disseminate it.
3
Jur~ 9, 1997
16Gl '*
Mr. Ward stated that is correct.
Mr. Harris asked what are Arbitrage Rebate Calculations?
Mr. Ward replied some years ago, the federal government changed the tax
law and which now indicates that issuers of municipal bonds can no longer issue
municipal bonds solely for the purpose of earning interest on those accounts in
excess of what they are paying on those bond funds. That is called arbitraging
your bonds. We are now required on a yearly basis to go through an
extraordinarily complicated calculation called an Arbitrage Rebate Calculation
that tells u~ in relationship to the amount of moneys that you borrowed and in
relationship to the bank account balances on a daily basis, how much interest
income you earned in all of those funds and accounts, and if that is a positive
number, that means you have earned more interest than you are paying, then
~very five years you are required to rebate that money to the federal government.
That is called Arbitrage Rebate and in the event that it is less than the interest
expense on those bonds, then there is no Arbitrage Rebate due and it is required
under the documents and segregated funds if you earned it in a positive fashion.
It happened in the early 1980's when interest rates went up and everybody was
issuing bonds, and you had many cities and counties throughout this country that
were literally borrov,'ing hundreds of millions of dollars solely for the purpose of
arbitrage.
Mr. Reinders stated it seems odd that you would go through extensive and
extraordinary calculations to arrive at a conclusion that appears on two lines in
your financial statement.
Mr. Ward stated [ don't disagree with that but federal law has hundreds of
pages on how the calculation must be done and you have to prove the calculation
to them.
Mr. Reinders asked arc there questions or comments?
Mr. Hams .stated I have one on the Management. [ have a note from our
Accounting Department that we have been doing the bookkeeping on this project
and the postage and the payment processing. We didn't do it on Key Marco, why
are we doing it on this one?
Mr. Ward stated you are not.
Mr. Reinders stated I think perhaps the source of confusion is the fact that
there was a landscape agreement or reimbursement agreement or Second
Acquisition Agreement pertaining to certain work, related to landscaping and
berming along the perimeters. That was set up as a reimbursement of the
4
Developer by the District so the check came to the Developer and we had checks to
cut and send out. I assure you that that is the case. You don't control any of the
District funds, you haven't received any of the District funds, this is solely a
function of the Second Acquisition Agreement. Normally any contractual
expense of this District is pursuant to checks prepared to the Manager or issued to
the Trustee. Are there any other questions or comments?
On MOTION by blr. Reinders seconded by Mr. COmeau[
with all in favor Resolution 97-8 Approving the Budget[
for the Purpose of Setting the Public Hearing was[
adopted.
Mr. Reinders stated you are authorized to transmit the Budget forthwith to
the County. We now need to set a public hearing date such date to be a minimum
of 70 days hence which would take us to approximately what date? Mr. Ward stated the third week of August.
Mr. Reinders asked what is the third Monday of August?
Mr. Ward replied it is the 18th.
Mr. Reinders asked is that suitable?
Affirmative responses were given.
On MOTION bY Sir. Reinders seconded bY Mr. ComeaU[
with all in favor the Public Hearing was set for Monday,[
August 18, 1997 at 9:00 A.M. at 277 N. Collier Boulevard,[
Marco Island, Florida. I
FOURTH ORDER OF BUSI~ S~q Reports
A. ~
There not being any, the next item followed.
There not being any, the next item followed.
C. Manager
There not being any, the next item followed.
FOURTH ORDER OF BUSINESS Supervisors Requests and Audience
Comments
Mr. Reinders stated we h~,ve some miscellaneous business to come before
the District. Let me start in that regard. It was my recollection that this District
5
June 9, 1997
having let its contract to Boness Inc. for the development of the infrastructure,
having previously issued and then withdrawn its Notice to Proceed, that we left it
on the basis that contingent upon reasonable satisfaction that the golf course loan
had closed, we would reactivate Boness. The intent is not to change that action
but to make it very clear for the record, since we consider that golf course loan
closing imminent, that I as the Chairman of this District ~m in fact authorized to
reactivate Boness once we have all reasonably satisfied ourselves that that loan
has closed. I don't want us to have to call another meeting and be in any way
uncertain. I thought that was the way we had left it.
Mr. Ward stated the discussion went back and forth so in an abundance of
caution, I thought we would have this meeting and give you that authorization.
Mr. Reinders stated we could do it in that manner or we can continue this
meeting to next week and rea.~semble when we have in fact seen satisfactory
evidence of the loan closing,
Mr. Comeau stated you can transmit loan closing documents and
confirmation of that closing to U.S. Home to the attention of Brian Sabian because
under the contractual arrangements that we do have, U.S. Home would have to
confirm that that loan closing is satisfactory and upon such they would notify you,
Mr. Chairman, that I am in agreement that once the loan is closed, the Notice to
Proceed can be issued. Any and all work that Boness is proceeding with on site,
which they are, is at their own risk and under no obligation of the District until
such time that the Notice to Proceed has been issued.
Mr. Harris asked what about a letter from HJM that the loan is closed and
funds are available? Will that suflqce?
Mr. Comcau asked who is escrow agent?
Mr. Harris replied at that point there wouldn't be an escrow agent. It
would be d~sbursed from H,IM
Mr. Comeau stated as was done ~n the past with U.S. Home with other
financing arrangements, U. S. Home has conveyed that they would like to be able
to see those loan documents even though it would be something that would be a
quick review but U.S. Home's staff is standing by to receive those final documents
for review and signoff and the purl:,~se of review is to make sure that there are no
undue obligations being expressed tn those documents upon U.S. Home.
Mr. Reinders asked should that be in the form of a motion?
6
· Jm'~e 9, 199'/
1 6Gl
Mr. Comeau responded you have authority. We have already calked about
givin~ the Chairman authority tn move forward to advise Boness to proceed upon
confirmation and si~noff of U.S. Home and approval of the loan documents.
Mr. Reinders stated I am concerned as well about the other Supervisors, it.
is not just U.S. Home that I want to have authorize me as Chairman of this
District to reissue Notice to Proceed to Boness. I am going to suggest we continue
this meetin~ and do it right.
Mr. Anderson stated we can do that by phone as long as there is a speaker
phone where members of the public could participate.
Mr. Ward stated if you want to continue today's meeting we could do that
and everyone could participate by telephone.
Mr. Reinders stated we will bring that up as our last item to set up a
telephone conference for continuation of this item and then we will be able to poll
everyone that they have, in whatever manner, satisfied themselves that the loan
has closed appropriately. I am going to suggest when we come to that question
that we think in terms of a week from Wednesday. That theoretically will ~ive
U.S. Home a couple of days to review the documents.
Mr. Comeau stated if we get them ahead of time, we can start reviewing
them now.
Mr. Reinders s~ted I can ~ve you the drafts but it is the final documents
that you are going to want to sec.
Mr. Comeau stated the key is if there are undue obligations based on U.S.
Home's other contract obligations, U.S. Home will withdraw from the
transaction.
Mr. Reinders stated there is no reference in the loan documents to U.S.
Home.
Mr. Bailey stated I don't understand how you can obligate U.S. Home when
they are not a part of' the A~reement.
,Mr. Comeau .stated it has happened in other jurisdictions.
Mr. Reinders stated we have a plan of action that is fine with me. As a
final order of business we ~'ill contiaue the meeting.
Mr. Comeau asked do you anticipate closing will be a week from today?
Mr. Reinder:i replied yes.
Mr. Comeau stated when we come to the end o£ the meeting we will do as
you say, continue the meeting to a week from Wednesday.
Mr. Reinders asked is there other business to come be£ore the Board?
June 9,
Mr. Comeau stated under the Boness contract, there are some change
orders that are coming through to cover a few items. They were going to install
all of the sidewalks at Heritage Greens and in this time frame they are not going
to be doing so. As such, one has to be a reduction of the contract for Boness and
two is if those dollar amounts are going to be allocated for the U.S. Home portion
of the development for those sidewalks being conveyed to the Developer, Ronto
Development, they are going to propose it as a reduction and a lot takedown since
that is going to be something to be conveyed. There are some drainage changes
that have occurred. How the change orders are going to be handled through the
Boness contract is to be considered. The way we have done it before is that the
C.D.D. has the contract upon which change orders are occurring. Those change
orders should be brought to the Board's attention for acceptance or rejection,
therefore, all Board members as well as the Developer are aware of any changes
that are occurring. Any contractual changes should be approved by the Board in
my opinion.
Mr. Reinders stated I agree and to recap quickly: Change Order No. 1
which was in the amount of $825,000.00 this Board previously acted upon,
approved and it has been signed. If anybody doesn't have a copy, let our Engineer
know and he will provide it. The second change order, there should be one for
approximately $43,000.00 which is for drainage and I don't know whether that one
was ever approved by this Board.
Mr. Ward stated I believe the concept was approved by the Board but I don't
know whether the paperwork was ever completed.
Air. Reinders stated it was based on the original methodology and was
simply to correct the fact that this got bid under the golf course portion of it but
was the previously agreed upon and analyzed allocation of drainage from the golf
course to the District's portion of that. That was a change order in the
approximate amount of $43,000.00. If you need more detail, we can provide that,
otherwise, we could approve that change order.
Mr. Comeau stated the change order documentations are being approved by
your firm, is that correct?
Mr. McKenna responded the?' are prepared by Boness and then they are
forwarded to the Chairman.
Mr. Comeau stated I would like to have those change orders brought a week
from Wednesday and they can be formally approved.
Mr. Ward stated it is a teleconference for next Wednesday, is that correct?
June 9, 1997
Mr. Reinders asked will you circulate that by mail prior to that so that we
can also address those at that meeting?
,Mr. Comeau stated I think we need to formally approve the change orders.
Mr. Reinders stated let's circulate the following: Proposed Change Order
No. 2, being an allocation of drainage in the approximate ~ount of $43,000.00.
You should have a proposed Change Order No. 3 which was a small credit, a
decrease in the contract price based on some change in drainage design which 1
think is a two or three thousand dollar decrease in the contract. Proposed Change
Order No. 4 will be with respect to the deletion of sidewalks from the Boness
contract.
Mr. Comeau asked is the one for the drainage the one that we have talked
about for the catch basin, the junction box and the pipe, the east property line
realignment?
Mr. McKenna replied there were quite a number of drainage changes that
took place, the primary focus of which allowed to drain to the southeast and go to
the northwest but there were a number of changes and the end tabulation ended
up to be a minimal credit.
Mr. Reinders stated I think we are going to see a proposed Change Order
No. 5 with respect to the provision of survey services.
Mr. Harris stated let me correct that. I think No. 5 is to construct the
drainage canal on the property line.
Mr. Reinders stated let's talk about that before we submit the proposed
change order. Who wants to address that one?
Mr. Harris responded South Florida along with the County had Harvey
Basin redesigned to drain from the existing south to the north to the north to the
south which required a canal along our eastern property line to be constructed.
,Mr. McKenna stated there is an overall master plan done for the Harvey
Basin which is about a forty-~quare-mile area. This was initially brought out by
the Collier County Water Management and then in conjunction with the South
Florida Water Management District. This property's involvement with that
overall master drainage plan involves the creation of a north-south canal along
the Heritage Greens east property line. That canal will serve properties to the
east of Heritage Greens allowing water to ultimately flow south and down to
Danville Beach Road to its ultimate outfall. The South Florida Water
Management District has required that in conjunction with the development of
this canal that the internal drainage be modified to allow the ultimate outfall for
9
Heritage Greens to be into this canal because it is a better outfall route than the
existing route which is going north across Immokalee Road into the existing
canal on the north side of [mmokalee Road. Through the heavy rains we had
several years back, it became apparent that the capacity of that canal ia limited
compared to the basin, the watershed area that it is handling. It is thought to be a
better ouLfall route and in my opinion it is. For that purpose, we are constructing
the canal, it will serve this project at some future time when the rest of the
network has been constructed.
Mr. Solomon asked if it benefits other property, is there a cost sharing?
Mr. McKenna replied there is not a cost sharing in the excavation of the
canal, however, Heritage Greens ~'ill benefit from the fill material coming out of
there.
Mr. Reinders stated the overall community, the District in effect, will
benefit from the f~ll material?
Mr. Solomon stated the overall community benefits, through both the
residential and the golf course if there is excess fill available.
Mr. Reinders stated my understanding was that the fill to be excavated
from this canal was simply being laid over next door to fill an existing ditch and
that that was part of the overall drainage work.
Mr. Harris stated if we construct it as per plan, it could be a wash. They
have given us the ability to sculpture it to enhance the community thereby possibly
having excess fill. There are no calculations to say that the fill on this one goes to
the other canal and it will be a wash. We are assuming it is. It could be a benefit
to be used where we need fill, however, through the sculpturing of it, there should
be some additional fill.
Mr. Solomon stated then the additional fill belongs to the Developer.
~Ir. I~einders stated ! don't think that is so. If the District is expending the
funds, we need to he assured that the fill is going for the benefit of the community.
Either you are going to tell me that you are filling up an existing ditch or you are
going to tell me that you are doing some of your overall fill work in the community
or you are going to tell me that you are going to berm it and shape it to help
enhance the parameter treatments .~f the overall community but you are not going
to tell me that that is going for private benefit.
Air. Solomon stated to the extent that the C.D.D. has covered its cost I think
an excess should be the Developer's.
10
,'Mr. Reinders stated the cost is $39,000.00, the cost produces the fill, the fill
belongs to the District. Where do we want to put it? Tell me where we are going to
put it for the benefit of the community. I am not trying to be difficult, but am I
wrong?
Mr. Ward stated no, you are absolutely correct.
Mr. Solomon asked what happens if there is more than $39,000.00 worth of
fill?
Mr. Reinders replied use it for the benefit of the comrnunity.
community use for this fill?
Mr. Harris replied yes.
Do you have a
blr. Reinders stated that is your proposed Change Order No. 5 in the
amount of $39,945.00 as an increase. You are going to show us a proposed
Ch_snge Order No. 6 related to survey services for the District.
Mr. Harris stated No. 6 is the omission of the four-foot wide sidewalk.
Mr. Reinders asked what was No. 4 then?
Mr. Harris replied I don't know, I only have the two change orders.
Mr. Comeau stated to date, the Board has approved Change Order No. 1
and all of Change Orders numbered 2 through 7 will be distributed for approval
next week.
Mr. Reinders stated yes, I just wanted to have a bit of discussion on them in
advance since all of us are here and it is easier to discuss them in this format
rather than by phone. No. 1 i know is the $825,000, No. 2 I suspect is the
$43,000.00. No. 3 I believe Is the minor changes to the drainage. I don't know
about 4. If there is a No. 4, you will circulate it and we will have to talk about it
later. If not, you will renumber 5 and still, without reference to number, we are
going to see a proposed change order related to survey services for the District and
we will have comment or discussion about that.
Mr. Harris stated the only thing I am aware of is there is a survey contract
by Bonesa providing the stakeout for the benefit of the utilities and roadway.
Mr. Reinders stated we have proposals from Agnoili Barber and we have
three Boness proposals from BPELS and based on cost considerations, it looked as
if the BPELS was the preferred to,ire and we don't have any problem with Agnolli
in that regard and as it is a change order to the Boness Contract, I don't think we
have issues with respect to notice and advertisement so you will receive that
proposed change order as well which we will also act on at our continued
meeting. Is there anything else that we know will be coming in terms of potential
11
Juneg, 1 6Gl
change orders to ]~oness? In the way of some general business, FP&L is looking
for an agreement from the District related to underground differentials,
transformers, easements, etc. It is an agreement which contemplates the
payment of a sum of money related to this. It is dearly District work and I believe
the number is going to be somewhere in the range of $20,000.00 to $27,000.00 as a
credit for sleevings or crossings or what we propose to do as well. I ask the
Board's authority for me to work with the Engineer to finalize that agreement and
execute same on behalf of the District such that that would become an obligation of
the District to make that payment. If there is no discussion, I will entertain a
motion authorizing me to finalize the agreement on the best possible te,,.,.~.
iOn MOTION by Mr. Comeau seconded by Mr. BaileY]
with all in favor the District Chairman was authorized[
to finalize and execute the Agreement with Florida!
Power & Light Co, subject to approval of the Agreement]
as to form b~, District Counsel.
Mr. Reinders stated I will attend to that including sending Mr. Anderson
m advance a draft of the proposed Agreement.
The next general item of business for our consideration is that Time
Warner is interested in providing cable service to the community. We believe that
there is a real possibility that Time Warner would be prepared to make payments
for the privilege of providing service in the area. We believe that that is a payment
that relates to completion of homes. It seems to me as apt as any, subject to
discussion, that those payments inure to the benefit of the District.
Mr. Comeau stated [ disagree. The master association can enter into an
agreement to provide actual full cable service and as such any and all payments of
those moneys for the benefit of going in should flow to the Developer and not to the
C.D.D. All installation, although it Is within the C.D.D.'s right-of, way, no funds
are expended by the District to provide that service.
Mr. Reinders asked what about the association?
Mr. Comeau responded the only way I have seen it done in a C.D.D.
structure and non-C.D.D, structuies is the master association enter into the
agreement with the cable provider upon which any and all payments can go to the
Developer and not to the C.D.D.
Mr. Reinders asked ute those payments coupled with an obligation or an
exclusive right?
Mr. Comeau replied it is usually a five-year or ten-year bulk service
agreement is what is drafted. The master association through various indi~'idual
services to people's homes, even though the District is providing security, that
security telecommunication system is done through the cable company in the
people's homes as a private function.
Mr. Reinders stated they are looking to bind the owners or the future
owners to the use of that particular cable system.
Mr. Comeau stated in order to receive payment that is how it operates.
They say for the privilege of us coming in, we will bind for a bulk ser~'ice
agreement for either five years or ten years, it is two-fold. One is not only to
provide for cable services but based on a recent telecommunications act, the local
phone services and cable companies can compete head to head for services. Time
Warner, aa with Continental and others in the area, are providing switch ser~'ices
and within the near future want to provide local phone service coupled ~-ith cable
services. These are services that can be provided through the cable provider and
are usually and traditionally handled through the master association.
Mr. Reinders stated it seems to me that if the receipt of these moneys is in
some way linked to the use of the system by the ultimate owners, yes that should
go through the association because I think it is the association that best
represents or has the right to bind its members or its future members. If it were a
payment merely for a grant of easement or the right of exclusive easement, or the
right to share an easement, then I can perhaps make some argument that it is
inherent to the Developer and a slimmer argument that is inherent to the District.
Mr. Ward stated th,., District's legislation doesn't authorize cable TV
service.
Mr. Reinders stated what this becomes is a revenue source for the
The consequence or' that is the party who has to subsidize the master association
in its initial years is the Developer. It is a saving to the Developer because he
doesn't have to make the subsidized pa)Tnents to the HOA.
Mr. Comeau stated that is the way it has to be done and also it is a saving to
the residents because they have almost a 50% cost saving on their monthly fee.
Anything dealing with telecommunication or cable should be handled through
the HOA and as a Board member I would be happy to forward the agreements
that I have seen.
Mr. Bailey asked what is your experience with how much they pay?.
Mr. Comeau replied anywhere from $150.00 to $750.00 per C.O. issued.
,Jun(: 9, 1~-Y7
16G1
Mr. Reinders stated [ am going to suggest that this is a matter of business
for the master homeowners association. That entity does exist. I would urge
those present who are involved in the master association to address that at your
next meeting.
Mr. Comeau stated there is a matter of business between the C.D.D. and the
master homeowners association that I want to bring up at this time.
Mr. Anderson stated before we leave the cable issue, we should make sure
on the plat that the homeowners association has some type of utility easement
concurrent with the roadway.
Mr. McKenna s'mted I believe that they do but I will check that.
Air. Comeau stated one of the obligations of the Community Development
District is the community maintenance and obligations throughout to secure not
only the common grounds but also we are working with the golf course operator to
make sure the lakes are fine. To that end, we as the District can hire staff in
order to provide those services and/or we can contract with the homeowners
association for a nominal fee to deliver those services. To that end if it is in
agreement with the Board, I would like to have our Attorney develop such
agreement between the master association and the Community Development
District for contractual ~upport services for community maintenance and
standards.
Mr. Reinders stated this i.~ with reference to things such as security or
landscape maintenance or things that, in effect, both the District and the
homeowners association are empowered to do.
Air. Ward stated that i~ my understanding.
Mr. Reinders stated my question would be, do we need to formally delegate
and convey those obl~gation.~ to an association or do simply by not exercising our
authority leave that by default to the co-empowered association?
Mr. Comeau stated [ don't think we can delegate our authority, I think we
can either perform those services ourselves or contractually hire someone to do
so. We can hire an independent management company to do so or we could
contract with the homeowners association.
Mr. Reinders asked are we in :'.act obligated to do all that we are able to do or
do we simply decide to do something ~r not'?
Sir. Ward replied to the extent that you have built those facilities from bond
funds, you have obliizated yourself to the maintenance of those facilities.
June 9,1997
blt. Reinders stated we should then do as Mr. Comeau suggested and get
some type of agreement to deal with those things.
Mr. Comeau asked who would you be contracting w/th, the homeowners
association?
bir. Reinders replied the master association.
bir. Comeau stated as it stands, the master association has been finaliting
their range with the golf course operator for golf course maintenance standards
and community interface standards and that has been finalized as such. This is
a natural progressic,n.
bit. Anderson asked what would we be maintaining specifically?
Mr. Comeau replied secur/ty services, all common grounds, any and all
obligations that have been looked at between the master association and golf
course operator. There ar,: some gray areas of overlap between golf course and
Community Development District where property lines meet and you have
drainage swales and maintenance support systems. All lake maintenance is the
responsibility of the Community Development District upon which the master
association is ente. ring into an Agreement with the golf course operator to do lake
maintenance. Until such time that an agreement is finalized between the
homeowners association and the C.D.D., the master association makes
arrangements with the golf course operator to maintain the drainage system
because right n,w the mast,,r a.qsocaation doesn't have the authority to enter into
that obligation. I say drmnage system, ::ommon areas, security support services.
roads, the works of the I)istnct.
Mr. Ward stated also street lighting, all facilities constructed by the
District.
Mr (',omeau stated the master association document addresses community
standards f,~r common areas, for lake maintenance.
Mr. Bailey ~tatcd as I ~nderstand it, this agreement that you are speaking
of would also delegate th~: maintenance of those lakes to thc HOA who in turn
would delugate it.
Mr. Comeau stated whoever is the most cost effective and efficient to
perform that service. To that end, we accomplish District services but the key is
the C.D.D, must cnntract with the master association to perform said services
upon which some ,,£ these services 'will l')c provided by the master association.
They will contract ','~th somebody to do thc cutting of the grass, and irrigation
.June 9, 1997
repairs. P, ecause the bulk of the lakes are along the golf course, they will work
with the golf course operator through said agreement to provide that set,rice.
Mr. Anderson stated if that maintenance contract exceeds $10,000.00 it
must be competitiveiy bid
Mr. Ward stated it '~11 be for $10.00.
Mr. Comeau stated the Distrdct can enter into up to a fifteen-year contract
with the master association. I don't recommend that but recent legislation allows
longer term management agreements. This agreement would be for $10.00 which
the master assoc~at~,'m fees would support.
Mr. Anderson asked is that all the District would pay for the maintenance?
Mr (7omeau replied the maintenance agreement with the master
association would be lot $10 00. the management fee se~'ices.
Mr. Ander.s,m stated I am talking about the actual maintenance.
Mr. ii. cinders stated that will be paid for by the HOA. ~,k'hat we are trying to
do is to pass the obligation and the power.
Mr. Anders,,n stated they are going t,, be resp,~nsible for hilling and
collecting
.Mr (Jomeau ~tated that is c~rrect
.Mr Harris asa:ed ct,)e~ ~t ~) thrm~gh the same competitive bid process even
though it is bmng achmnistered by the master H()A?
Mr. t~inders stated no and that is part of the thinking. You ge~ it on a
more immediate level, you get ~t on a membership control level, you get it on a
more administratively friendly level.
Mr. (jomeau stated the m~nimal services for drainage that are reqmred by
the Community l),~velopment [)~str~ct do,~s not necessarily mean that ~t is for
aesthetic purp~se~ Y~u may have aqu;~t~c weed infestation that still allows
drainage hut ~s n,~t aestheucally pleasing s~ if the homeowners association
through their wisdo~n wants to perform sec'ices above and beyond that which are
required for draina~4,~ for aesthetic purp,~ses, then the homeowners assomation
in a position to do s,,
Mr Re~nders asked w~ll you ,.v,,rk on something that we can look at in due
course Mr Arlders~,~'~
Mr. Anderson replied
Mr (7,m~eau st. tted that is all .f tl~e b,~s~ness that I have today.
16
Mr. Reinder.t asked is there anyone else who has matters to come before
this Board? Is t. here anything from members of the public? Is there anything
from the Manager?
Mr. Ward replied no.
Mr. Reinders stated I ask for a motion to continue this meeting until
Wednesday, the lath of ,June at. 10:30 A.M., said meeting to be conducted by
telephone, the Manager to originate the calls.
O]-0'~~0=N' }~y Mr. B~iley seconded--'b~, Mr. CcmeaU!
~with all in favor the meeting was continued to[
[Wednesday, .June 18, 1997 at 10:30 A.M., to be conducted[
Charles F. Bailey (,/
Assistant Secretary
j ame~eindpr~
(~hffirman ~
17
I 6G! "
Monday
Jun~ 9, 1997
10:00 A.M.
AGENDA
HEI~ GREE~
COI~,TUNI'I~ DEVELO~ D~CT
277 N. Collier Boulevard
Marco Island, Florida
Boll Call
PresentntiQn o/' Proposed Budget for Fiscal Year 1997-98 and
ConsideraUion of Iiesolution Approving the Budget for the Purpose of
,S~tting the Public Hear/rig
Sta/T l:Lepor~
A. Attnmey
B. En/'inee r
C. Manager
Supervi~or'~ 1%ques~ and Aud/ence Comment8
Adjournment.
H£;~IT~E GREE,~$ C~d'4ITM
DEYELC~E~T OIST~ICT - J,
t~EF ERE,qCE: 02?'769
State of Florid4
Ca.~ty of Collier
~nr~ B. Lng, ~ ,~ ~th s~s t~t she
· ~ the ~*~t~t Cor~r~te Se~ret~ry Of t~
Collier C~t/, ~Lorid.m, ~ t~t t~
Collier C~anty, Flor~4, for I ~r~ O~ 1 year
d~c~t, r~te, ct~ss~cn or ref~ for
AD SPACE: z,.&17 D*C~'
Heritage Greens
Community Development District
Budget - General Fund
Fiscal Year 1998
Developer Contribution
Appropriations:
Ppofe~slonal Fees:
Board of Supervisor's Fees
Engineering
Audit
Arbitrage Rebate Calculations (N/A FY 1998)
Management
Dissemination Agent Fees
Trustee (N/A FY 1998)
$114,25o
Total Rev~,nut: $114,200
Sub-total:
$12,000
$20,O00
$'20,000
$2,500
$2~,875
ss,om
$3,20o
$98,o75
Administrative Fees: Telephone
Po~tage & Reproduction
Rentals & Leases
Office Expends & Supplies
Computer .~:rvices
Insurance
Legal Advertising
Subscriptions & Memberships
Contingencies
Other Fees and Charges:
Property Appraiser
Tax Colleetcn'
Revenue Reser-,'e
Not Applicable for FY 1998
Sub-total:
$5O0
$600
$3,SO0
$600
$2,OO0
$1,500
S175
$16,175
Sub-total:
Total Appropriations: $'114,250
He -itage Greens
Community Development District
Budget
Fiscal Year 1998
Debt Service Fund
Rev~rlues:
Unappropriated Fund Balance- October 1, 1997
Developer Contribution
Interest lncome
Total Revenue:
$266,158
$173.842
$55,OO0
$495,000
Appropriations:
Debt Service:
Principal Debt Retirement
Interest Expense
Total Debt Service:
$0
S495,000
$495.000
Other Fees & Charges
Tax Collector
Property Appraiser
Revenue Reserve
Total Fees & Charges:
S0
S0
$0
$0
Total Appropriations: $495,000
Community I~¥elopment District
Budget
Fiscal Year 1998
Debt Service Fund
16G1
Revenue Summary:
Reserve Account:
The Bond Resolution authorizing the issuance of the Sedes 1997 Bonds established
this account and provides that the Bond Reserve Requirement shall be an amount
equal to the maximum amount of principal installments and interest payable in any
year on all bonds outstanding. Tho monies in the Reserve Account, to the extent
of the bond resen/e requirement, are not available for any purpose other than the
payment of the principal installment and interest on the bonds
Reserve Requirement
$600,000
The District has invested the reserve funds in the following:
US Treasury Money Market
5.000% $600,000
$600,000
These investments are in accordance wiIh those permitted as outlined in the
Bond Indenture
Debt Service Accounts:
The Bond Indenture authorizing lhe issuance of the Series 1997 Bonds established
four (4) Debt Service Accounts to track the flow of funds from the receipt of monies
through the Payment of Debt Service. The tollowing are the accounts which have
been established cursuant to the Bond Indenture.
Sinking Accoun! $ 0
Interest Account $25,000
Prepayment Account $ 0
Revenue Account $ 0
$25,000
$30,000
$25,000
7- er ta e Cj reens
Community Development District
Budget
Fiscal Year 1998
Debt Service Fund
16G1
-,Iq
Appropriations:
Debt Service
Principal Retirement- November 1, 1997
Interest Expense
for the period ending November 1. 1997
for the pedod ending May 1, 1998
Total Interest Expense:
$0
$247,500
$247,500
$495,000
$495,000
Other Fees & Charges:
Tax Collector
Fees are based on Fiscal Year 1998 A:;sessments to be collected. The Tax
Collector's fees are two (2) percent ot the assessments collected.
$0
Property Appraiser
Fee.~ are based on Fiscal Year 19§8 Assessments to be ccllected, The Property
Appraiser's fees are one (1) percent of the assessments collected.
SO
Revenue Reserve
The Distdct currently reserves, and State Law permits the District to
appropriate96% ol estimated rever,Jes, wl".ich will cover discounts and non
payment of as?.;;scments.
Total Other Fees & Charges
Total Appropriations
S0
$0
$495,000
Heritage Greens
Budget
~s~l Year 1~8
~ ~ Fund
S~ of ~, ~~ ~d C~es In Fu~ Bal~ce
For t~ FI~I Year ~di~ ~ffiffi~r 30, 1~
Actual Anticipated Total
Budget Race.,ed or E~er~i F~c~l Year
FY 97 4/30/97 Thru 9/'30/97 1997
Unappropdaled
Fund Balance $ 0
pflnOpal
Prepayments $ 0
Bond Proceeds $ 0
Interest Income $ 0
Total Revenue $ 0
Appropriations:
Pdndpal
Prepayments $ 0
Pdnctpal
Retirement $0
Interest Expense $ 0
Total
Appropriations $ 0
Net Income
Variance
Favorable
(Unfavorablel,
$0 50 50 50
$0 $0 $0 $0
$1.234.715 $0 $1,234.715 $1,234.715
$28,943 $15,000 $43,943 $43.943
$1,263,658 $15,000 51,278,658 51,278,658
$0 S0 $0 $0
$0 $0 $0 $0
$0 $165,000 $165,000 ($165,000)
$0 $165,000
$155.000 t$165,000)
$1.113,658
Fund Balance September 30, 1996 (Actual~
Re.served for Debl Service(All Years)
Resecved for Debt Service(Fiscal Year 1999):
Pnr~Opal on Bonds Due 11/1/98
Int-.res! Expense Due 1111/g§
$0
$247,500
,Unappropriated Fund Balance September 30, 1997
50
$600,000
$247,500
$266.158
Debt Sea, ice From 01/01/97
Date Principal Rate Interest Total
120,000
135,000
145,000
155
170 000
185 000
200
220 000
235 000
255 0oo
280 00o
3o5,000
330 OOO
3~0 00o
39C O0C
425 OOO
460 000
500 000
540 000
590 000
8
8
8
8
8
8
8
8
8
8
8
8
8
8
25O
25O
25O
250
25O
25O
25O
250
250
250
250
25O
25O
25O
25O
250
250
25O
25O
25O
o5/o~/97
11/Ol/97
os/al/~9
~/0~/~
o$/ol/oo
os/o~/o~
11/01/01
05/ol/o~
~/ol/o~
o5/o~/o~
11/ol/o~
os/o~/o~
os/o~/os
os/ol/o~
o5/ol/o7
11/ol/o~
o5/ol/oe
os/ol/og
~z/o~/o~
os~o~/~1
11/01/11
11/01/12
05/01/13
~57o~/~
o5/ol/15
0S/01/16
11/01/16
OS/O~/~
11/Ol/17
05/01/I~'
~/o~/~e
Total 6,000.
Accrued ~k~-d CI/10/97
8.250
86,680.000
14.447
&verage . LI f e
165,000 00
247 500 00
247 500 00
.247 500 00
247 500 O0
242 550 oo
242 550 O0
236 981 25
23~ 981 25
231 000 O0
231,000 oo
22~,G06 25
224 606 25
217 593 75
217 593 75
209 962 SO
209 992 50
301 712 SO
201 712 50
192 637 50
192 637 5O
182 943 75
182 943 75
172 %25 O0
17; 425 O0
160 875 O0
160 a7S oo
148 293 75
148 293 75
13~ 681.25
13% 6~1.25
llg 831.25
119 831.25
10] 743.75
103 743.75
~6 212.50
86 212.50
67 237.50
67 237.5o
46 612.50
46 612.50
24 337.$0
24 337.50
0.00
7. 163, 475.00
12.375.00
7, 151, 100 .GO
165 000.00
247 500.00
2~7 5oo.00
247 500.00
367 500.00
2~2 550.00
377 550 oo
236 981 25
381,981 25
231 000 0O
386 000 00
224 606 25
394 606 25
217 593 75
402 593 75
209 962 50
409 962 50
201 712 SO
421 712 50
192 637 50
427 ~37 50
182 943 75
437 943 75
172 425 00
452 425 OO
160 875 00
465 875 00
1¢8 293 75
47~ 293 75
134 681.25
%9~ 681.25
!19 831 25
509 831 25
103 7%3 75
528 743 75
86 212 50
546 212 50
67 237 50
567 237 50
{6 612 50
586 612 SO
24 337 50
61% 337 5O
0 00
13.163,475.00
12,375.00
13.151,100.00
612 981.25
610 606.25 ~
610,
614,1~8.7~
612,975.00
614.512.50
613,575.00
614. 956.25 ?
I 6Gl '~'
1 6Gl "~
2
~ ~ °°
16Gl ""
o< ~
1 6Gl ' "'
16Gl ""
1
6Gl
16G1
1_6G1 :'
16G.1 '~
16G1
1 6Gl
I 6Glo~'~
=
MINI.ri'ES OF ~G
HERITAGE GREENS
CO M2d-LTNITY DEVELO~ DISTRICT
The regular meeting of the Board of Supervisors of the Heritage Greens
Community Development District which was held Thursday, April 3, 1997, and
continued on Friday, April 4, 1997 and on Thursday, April 10, 1997, was
reconvened on Monday, April 2I, 1997 at 10:30 A.M. in the offices of Ronto
Development, 277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
Chairman
Vice Chairman
Assistant Secretary
Supervisor
Supervisor
Jmmes Reinders
Raymond Harris
Charles F. Bziley
Pef~r Comeau
Ralph Klass
Also present was:
James P. Ward Assistant Manager (By Telephone)
Bruce Anderson Attorney (By Telephone)
~ ORDER OF BUS3NF, SS Roll Call
Mr. Ward called the meeting to order at 10:30 A.M. and stated that all
members of' the Board are present.
SECOND ORDER OF B~
Contlnua~ion of DLscx~s/on of De/ays and
Lack of Fixmnchxg for Goff Course
Co~on wiah Respect to Mee~
Requirements of Bond and Notification to
Bond Holder
Mr. Reinders stated we are here to get updates with respec~ to development
of. the golf' course as i~ relates to our resuming development o£ the C.D.D. portion
of. the work. To that end, I w/Il report if'that is everybody's pleasure. I believe that
everything is going fine at this point. Speaking for a moment for the venture
which proposes to acquire and develop the golf. course land, we should have a Hnal
Purchase and Sale Agreement within the next few days or so. I don't believe
there are any substantive issues there. That has awaited mostly just
confirmation that the underlying partnership Agreement by the various
venturers is in place together with the known required equity to supplement the
ApriI 21, I997
HJM loan. That Partnership Agreement should go out in final form tonight or
tomorrow and be back signed within a couple of days. That Partnership
Agreement set~ up the escrow of the Equity Fund with Ruden McClosky and those
dollars should be on deposit with that firm by Friday of this week. I have had
numerous discussions with the proposed golf course lender, HJM. It would seem
that those discussions are really limited to the details of the loan documents and
their due diligence or packages to get to closing. There is nothing that I am
aware of that is problematic, substantive or open for major considerations in that
relationship. To repeat very briefly: should have Purchase and Sale Agreement
for land this week with deposits in place; should have Partnership Agreement in
place with equity dollars in escrow at Ruden McClosky this week. I have already
signed on behalf of the golf course the basic contract with Boness although there
are various items to be filled in in the way of schedules, details and alternates. I
have them coming a little bit later this morning and we can participate or those
here who have an interest can monitor that process so that that contract should be
perfected in the next day or two. We are aiming at closing on all fronts not later
than May 15 and commence with the development immediately thereafter. We
believe that subject to a little more investigation, that is going to put it into position
to have the golf course open for play on or about January 15 of 1998. At the same
time, as we talked about at the last meeting, U.S. Home was pursuing some
alternatives in parallel discussions and I would welcome any input or comments
on that if Mr. Comeau would care to do that.
Mr. Comeau stated U.S. Home is in the process of receiving back from the
Bond Underwriter various terms and conditions in reference to financing the golf
course. U.S. Home did meet with the existing property owner to review potential
buyout options and opportunities. At this time all further discussions have been
put on hold until the new golf course operator-owner can deliver. As Mr.
Reinders said, if they are successful U.S. Home's position is to have all parties
deliver on the contract as signed and as originally contemplated to a venture that
would move forward. U. S. Home is in a standby position and we are in a position
to move forward. Nothing has been finalized between the developer-owner and U.
S. Home at this time or the bond market. We have all of our pieces in place.
Mr. Reinders stated in the meantime, the group I am working with has
been working with Mr. Comeau in terms of looking at specs, plans, schedules,
contracts and so forth. We appreciate that input and all of us are working toward
the same end.
2
April 21, 1997
Mr. Comeau stated as Far as existing C.D.D. business, there has been
ongoing cooperative efforts between U. S. Home and Mr. Reinders and Mr. Klass.
More importantly, I advised Bond Underwriter Bill Reagan and others that U. S.
Home is standing by and doing everything that they can to help everybody be
successful.
Mr. Reinders asked where does that leave us? Mr. Ward do you have any
comments at this point? We left on the basis that Mr. Reagan was at least going to
update our bondholder as to what was going on. Do we know anything further
about that?
Mr. Ward stated I spoke with Mr. Reagan last week and as of that date, he
had not notified the bondholder pending the outcome of this Board meeting today.
I still tend to be of the conservative opinion that until the transaction is done and
signed, he probably ought to tell the bondholder with respect to the issue that is
outstanding and maybe what I might recommend is that you go ahead and
continue this Board meeting one more time to a date when you think the
transaction will actually be closed. Then I think it has come to some finality on
the issue at that point.
Mr. Reinders asked what is our lead time notice on these meetings if they
are not continued?
Mr. Ward replied a week.
Mr. Anderson stated plus whatever time we need to get it to the paper.
Mr. Reinders stated I don't like to keep continuing meetings. The time will
come that we need to keep an eye on things. IF anything happened in the negative,
we would have to get together. I am inclined to let this meeting adjourn in due
course and then as quickly as we see pro, con or otherwise, just schedule our next
meeting and keep working on this in the meantime. We had authorized Mr.
Reagan to at least communicate with the bondholder and I will be happy to speak
with him. I will be happy to keep him fully advised of the progress on the issue, if'
any, but I think for the sake of good communication, we ought to let our
bondholder know where we are, what we think is going on, where we think we
are going to be and when. I do believe that we will get this wrapped up within the
next three weeks.
Mr. Comeau stated if by Friday we arrive at the solution that you have just
outlined, if we could give written notification to all parties, Board members, Mr.
Ward, Mr. Anderson and others.
3
· April 21, 1997
Mr. Reinders stated I will be happy on behalf of this golf course venture to
get out the written status report on Friday and fax it around to everybody,
including Messrs. Anderson and Ward, to confirm that we made our milestone or
changes or anything of that nature. From there, we will be abIe to more fully
assess the situation.
Mr. Comeau stated with Boness, I went by the project today and they seem
to have a lot of pipe· It seems they are getting geared up in anticipation that you
will be successful with the partnership on the golf course· Do they understand
that the Notice to Proceed was suspended until such time that the golf course
financing is in place? Failure for you to come to a conclusion on your Partnership
Agreement means the restocking of that pipe is their cost not the District's.
Mr. Reinders stated they had put in a request for payment with regard to
material stored on site. The understanding was these were the materials 'ordered
when they did have a Notice to Proceed and they couldn't stop it or otherwise.
They are going to press for payment. Do you have any thoughts on that?
Mr. Harris stated they also had ordered from the Notice to Proceed the
electric motors for lift stations with anticipation of continuing on. They have
completed a substantial amount of Phas~ lA anyway to date and we shut them
down as soon as we found out the problems we were having on financing of the
golf course. There was some items purchased and labor utilized for the benefit of
the community. With the PVC pipes, the electric pumps and the improvements to
Phase lA, those are the costs we are going to have to consider payment on. Mr. Comeau stated or restock it.
Mr. Reinders stated obviously we don't want to restock at this point because
hopefully things will work out.
Mr. Comeau stated on the invofces, we have thirty days so I think we
should wait and see.
Mr. Reinders stated I think we'll just suggest they invoice in the normal
course of events and hopefully this will be resolved·
Mr. Comeau stated yes and the worst case scenario is that they just pay for
restocking.
Mr. Reinders stated I concur. Does anybody have any comments? Is there
any other business Mr. Ward?
Mr. Ward replied no.
Mr.
Mr.
Reinders asked Mr. Anderson, do you have anything?
Anderson replied no.
4
April 21, 1997
Mr. Reinders stated I will entertain a motion to adjourn.
5
16 7
Monday
10:30 A.M.
Continued from
April 10, 1997
AGENDA
HEH.iTAGE GREENS
COMIVILrf~TY DEVELOPMENT DISTRIC~
277 N. Collier Boulevard
Marco Island, Florida
Roll Call
Continuation of Discu~slon of Delays and Lack of Financing for Golf
Course Construction with Respect to Meeting Requirements of Bond
and Notification to Bond Holder.
Staff~rte
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Adjournment
MINI/rES OF 1KEETING
~GE GREENS
COi~'rf[JNITY D~OPNfENT DIS'I/~CT
The regular meeting of the Board of Supervisors of the Heritage Greens
Community Development District wkich was held Thursday, April 3, 1997, and
continued on Friday, April 4, 1997 was reconvened on Thursday, April 10, 1997, at
10:30 A.M. in the offices of Ronto DeveIopment, 277 N. Collier Boulevard, Marco
Island, Florida.
Present and constituting a quor~m were:
James Reinders
Raymond Harris
Charles F. Bailey
Peter Comeau
Ralph Klass
Also present was:
Chairman
Vice Chairman
Assistant Secretary
Supervisor
Supervisor (By Telephone)
James P. Ward Assistant Manager (By Telephone)
Bruce Anderson Attorney (By Telephone)
Bill Reagan William P. Hough & Co. (By Telephone)
~ ORDER OF BUSINF_.SS Roil Call
Mr. Reinders called the meeting to order at 10:45 A.M. and stated that
Messrs. Bailey, Harris, Comeau and Reinders were present in person and Mr.
Klass was present by telephone.
SECX)ND ORDER OF BUb-qNESS Dtzcus~on of Delay~ and I.ack of
lYmar-,clng for Golf Course Cons'a-uc. tlon
Mr. Reinders stated I believe we didn't have any specific business other
than to assess our information base related to the golf' course and the status
thereof. Is that a 5air statement?
Mr. Ward responded that is a fair statement.
Mr. Reinders stated to that end, we can hear from anyone as to where we
are at this point in time.
Mr. Comeau stated one of' the things that was mentioned at the last Board
meeting was some type of' notification requirement that Mr. Reagan has for the
April 10, I997
168I
bond purchaser. Will you update us on what you have done and haven't done and
what you anticipate advising the bond purchaser7
Mr. Reagan stated at the last meeting we agreed that it would be this week,
today, before I go ahead and advise the bond holder that we do not have the golf
course financing in place. At the last meeting, I said that I was not going to
directly tell them that until we had this meeting and to determine whether we
have any hope to get the financing in place or exactly what I should be telling
them.
Mr. Reinders stated that is my recollection as well that we were going to
bring the best information to bear on the situation that we could, see what that
means in terms of an appropriate communication to the bond holder and then go
from there. On the one hand, I guess there has been some further effort at trying
to get the Boness contract set up, subject to subsequent action by this Board, so that
if they are the general contractor and if it is the subsequent will of this Board that
we could simply issue a Notice to Proceed and have that go forward such that we
have a contract with a set of numbers for the infrastructure on the residential and
a situation that would permit the golf course to go forward with the same
contractor as a function of the interrelationship, all without prejudice to the fact
that dependir~g on where this golf course goes, someone may want to use a
differen~ contractor, it may not go forward with Boness whatever the case may be
but simply to have it in place for quick activation if it makes sense and it was this
Board's subsequent will. We know that on the one hand that what was originally
contemplated as a Klass/Ronto partnership to develop the golf course is in a state
of flux. We know that alternatives are being explored and I think all of us can
speak to those to the best of our ability at this point in time. I will start that
process. I ha~e had some discussions with Heritage Greens Developments
Limited Partnership, the Owner-Developer, in terms of my joining with Klass and
others for the purposes of forming a partnership to develop the golf course. As
that group sits right now, there is a draft Purchase and Sale Agreement that is on
the table for review; there is a partnership agreement amongst that group that is
being circulated; there is a contemplated commitment under that partnership
agreement to commit equity of about $I.2 million and to see the requisite equity
deposited with the firm of Ruden McCloskey in a matter of a few days such that
we can be comfortable that the necessary equity dollars are there; and there is a
revised application pending before HJM to activate that commitment for $4
million all with the contemplated result that there would be a closing on the title
2
Ap~ 10, l~g7
apply and how those relate to other commitments and anticipations. The fact of
the matter is that it is going to take what time it takes to get this developed and it is
probably going to push the potential opening of the course to somewhere near the
end of the calendar year. Be that as it may, that is on the one hand one possibility.
If that possibility does not come to fruition, we would know that in a matter of a
week or so. If for any reason the partnership agreement doesn't get signed, the
Purchase and Sale Agreement doesn't get signed, a revised commitment from
HJM doesn't issue or the equity dollars are not put into the deposit account, any of
those things would tell us that there is a problem and we can know that fairly
quickly. From my personal involvement in it, I have a fair level of optimism that
it can be done. I know on the other hand that based on their discussions with the
developer, U.S. Home is pursuing an alternative approach to the development of
the golf course and I think that that is something that is good. If Mr. Comeau or
Mr. Reagan can update us, that is a tirue line possibility for development of the
course as well.
Mr. Comeau stated U.S. Home has been in touch with the Developer to
review various opportunities for taking over construction and operation of the golf
course. U.S. Home, first and foremost, would like to see the Ronto/Klass
arrangement and/or the Developer meet the obligations and complete the course
on their own. Due to failure to do so or ability of them to move forward, U.S. Home
has been exploring with the Developer and through the various bond markets to
determine what opportunities exist for the following: Doing the golf course itself;
tmldng over the golf course and the entire project in its entirety and to that end, we
have all of our key people in town today and tomorrow when a final decision and
offer hopefully will be tendered to the Developer to see what we can do or cannot
do. It will be predicated on potential golf course bonding to make it go forward.
The opportunity does exist; U.S. Home believes that we can make the project
successful, however, there are a few key pieces remaining. We need additional
corporate approval and I will need more feedback from Bond Underwriter and
Bond Counsel to make sure that what we are proposing to do is actually feasible in
the market place. To that end, since there are two strong positive avenues moving
forward not only on Mr. Reinders' part but also on U.S. Home, that gets back to
the main reason we are here and that is, what exactly do we tell our bond holder.
We tell him that yes, the Klass arrangement has fallen through but in essence as
April I0, 1997
1 6Gl
Mr. Reagan and Mr. Ward know, there are some very optimistic fronts being
explored. That is my concern, I don't want to alarm the bond holder and even we
are behind 90 days, there are some very positive activities going on behind the
scenes. Everybody still believes in the project and everybody is working in their
own independent effort in alternatives to make the project successful.
Mr. Reagan stated I am not that worried about alarming the investor, I just
think he needs to be kept informed. Nothing has happened to date and there is
nothing realistically that he would try to do anyhow because there may been no
payments due, there are no default payments, all that we are having is difficulty
with the golf course finanMng and I would like to have the ability to keep him
informed on what we are working on. I think we would be remiss in our
responsibilities not to do that. He, just as everyone else in this transaction, wants
this development to be ~uccessful, he is not going to try to stop something or harm
something, he is only going to be helpful to us in my opinion.
Mr. Comeau ~tated if Mr. Chairman is in agreement, in essence, all
alternatives will be coming to a head in the next seven days. It is not something
that is thirty days away.
Mr. Reinders stated it seems that what we have come down to for the
purposes of our discussion is, do we wait another week or so and then
communicate what would hopefully be a final resolution of the issue and a
positive one regardless of what avenue is taken to our bondholder or do we, in
effect, say to them through Mr. Reagan, this is where we are, this is what is going
on, you are welcome to talk to Mr. Comeau as a representative of U.S. Home, you
are welcome to talk to me as a representative of this other group and we should
have final determination in a week or so and we will keep you posted. That is
where we are, there is not much else that as a District we can or should be doing
at this point. Mr. Ward or Mr. Anderson do you have any thoughts on the
advisability of one course of action versus the other in terms of the communication
to the bond holder? I think we know what the message would be if there is a
current communication.
Mr. Ward stated my recommendation to you would be that the bond holder
bought these bonds based upon a proposed deal with the Klass/Ronto group and
that deal seems to not be coming to fruition. I think it would be advisable to let
him know that we know that the deal is not going to close and that what the two
alternatives are that are now being explored and we should have a resolution to
that issue within seven days or so. That to me is a material issue from which the
4
1 6 G 1
District issued its bonds and the sooner I think that you tell the bond holder that
the deal is not moving forward I think the better the District will be protected in
the long term no matter what happens in a week.
Mr. Anderson stated I agree with Mx. Ward.
Mr. Reinders stated if what I understand from our consultants is that
Messrs. Reagan, Anderson and Ward's suggestion is that if we don't have a duty
we at least are advised to have full and open current communication with the
bond holder.
Mr. Reagan stated that is correct.
Mr. Ward stated that is my opinion.
Mr. Reinders asked do we want a motion to direct Mr. Reagan's
communication that we can debate and vote on?
Ward
to the
Mr. Ward replied I th/nk that would be appropriate.
Mr. Comeau asked Mr. Reagan, will you please draft something for Mr.
and me to review?
Mr. Reagan responded I am not going to dratt anything, I prefer to just talk
buyer and advise him what we are doing.
Mr. Comeau stated that sounds good to me.
Mr. Reinders stated we are obviously not trying to alarm the bond holder. It
looks to me that something positive is going to occur in short order. If that is the
tenor of the communication that you in good conscience can convey to the bond
holder, it is that we are trying to keep him fully apprised, we are going to continue
to keep him fully apprised and we are optimistic that the matter will resolve itself
satisfactorily in the course of the next week or thereabouts. Is there any further
discussion?
'On MOl'ION "by-'Mr. 'Reinde~-s secb'i4'd~d by Mi'." Him'ii
with ail in favor the Underwriter was Directed to
Communicate to the Bond Holder the Substance of
In/'ormation Received by the Board today Pertaining to
the Efforts of U.S. Home and the Other Partnership
Regarding the Development of the Golf Course and to
Advise the Bondholder he would be Contacted in Short
Order upon Resolution of the Issue.
Mr. Reinders asked what else is there to discuss?
Mr. Reagan stated one thing I would like to bring up since you have all of
the Board members gathered is the proposal that U.S. Home and William R.
5
^pa I 6 G l
Hough are debating back and forth includes a lease with the District and would
require the District to actually be the issuer of a taxable bond issue. While we
don't have that structure down firm so I could describe it to you in more detail, I
want to let you know, since this is an advertised meeting, that that proposed
structure will be corning before the Board if we are successful at it. It at least
gives you some notice that we are going to need the District to issue those debts if
we can find them marketable.
Mr. Reinders stated I guess we should think about continuing the meeting
again.
Mr. Reagan stated I think if we were ever to come before the Board, and
certainly your District Counsel and your Bond Counsel would advise you, I would
want to have something published specifically what is going to be on the agenda if
we are going to be issuing debt by the District. It would give me more comfort and
I am sure it would give the proposed buyer more comfort also.
Mr. Relnders asked do you concur with that Messrs. Ward and Anderson?
is that something that you think would be most appropriate for special notice in
effect as opposed to mere continuation?
Mr. Ward stated let me first understand what Mr. Reagan is proposing.
First of all, I tend to think it would be a good thing to continue this meeting
anyway to get an update next week as to where we are. I agree that if we are
going to do something different with bonds than we have previously done, that has
to be a separately noticed meeting with a regular agenda. I would suggest you do
it in two forms: One, continue tills meeting to another date and time certain to see
if we come to some verbal conclusion at least as to where we are and then if we
hhve to re-notiCe more meetings for the purpose of issuing additional bonds, we
can proceed with that.
Mr. Reagan asked Mr. Ward, do you know offhand, years ago when we did
the validation, do we need to do additional validation if this transaction is a
taxable issue?
Mr. Ward replied no, you don't need to do an additional validation, end I
will verify that and call you back today.
Mr. Reagan stated I was going to call Bond Counsel to make sure because I
thought we were safe but I am a little concerned about it.
Mr. Ward stated we went through this scenario one time previously on the
taxable side of it and I remember that someone opined that we did not need to
revalidate.
April 10, I997
16Gl '-,
Mr. Reinders asked what about the amount?
Mr. Reagan stated it wasn't revalidate, there was validation on the golf
course site, is that right?
Mr. Ward responded there was a validation on the golf course site up to a
certain amount of bonds.
Mr. Reagan stated I thought it was $6 million, does that sound right to you?
Mr. Ward replied it was either six or seven million, I don't remember the
number.
Mr. Reinders stated my recollection is $6.5 million.
Mr. Reagan stated Mr. Comeau and I need to discuss that after the
meeting.
Mr. Ward stated if it goes over whatever the validation amount is, it
obviously would have to be revalidated.
Mr. Reagan stated that could take months.
Mr. Reinders stated check on that please and send a memo to us and let's
see if it matters if it is taxable or non-taxable, let's see if the amount is going to
work and the validated amount. I don't know if there are any time limits on
issuance after validation that you need to look at.
Mr. Ward stated I will ask Bond Counsel that.
Reinders stated on the revalidation, I would like to get a reliable
of the time frame. That will have some impact, I suspect, on our bond
Mr.
projection
holder.
Mr.
Mr.
Ward stated we will do that.
Reinders stated in the meantime, I don't know that we are in a position
to do that much more other than to pick a date for our continued meeting for the
purpose of updating our status and hearing back what the reaction of the bond
'holder was and hearing more about the question of validation. We haven't
changed our posture or thinking, I assume, in terms of proceeding with anything
on the residential until we know what direction the golf course project will take
but we have done all we can to have Boness in a position to be activated at our
subsequent will. Does anyone have a calendar to set a continuation date?
},fr. Ward asked if we continued this over one week until Thursday, April
17th, would that give you enough time as developers to come to some conclusion
with respect to the two deals you are working on?
Mr. Reinders replied let me speak to what I am most familiar with which
is my effort with Klass to put together a partnership and the property equity and
7
~pril 10, 1997
1 6Gl
financing. My expectation is that by the 17th or 18th we would know if or if not we
would have a partnership agreement a Purchase and Sale Agreement with the
Developer, a nod back from H3M that they are still comfortable with the structure
and the revised Budget and fully committed with the equity dollars.
Mr. Comeau asked how much would you be depositing, $2 million?
Mr. Reinders replied we feel the requirement is about $2.1 million of equity
to a $4 million HJM loan.
Mr. Comeau stated you can have that in the bank by Thursday.
Mr. Reinders stated the partnership agreement contemplates that it goes
on deposit with Ruden McCloskey all in that time ir_nme because for our part, I
want to know that we are either going forward or get out of everybody's way as
quickly as possible so that other alternatives can continue to be explored. Doing
this in any event with the understanding that other alternatives are being
explored and I encourage that.
Mr. Comeau asked with that strong of a commitment, would you
recommend that U.S. Home hold off their efforts for a week, if it is to the point
where you already have an agreement structured? Originally, what was conveyed
to U.S. ttome has been that full moneys in escrow would be in place for over 30
days or more. If that was the case, we would still continue our process but if you
went ahead and the only way that HJM is going to come back with a strong
commitment letter is knowing that the full dollar amount is in escrow. If the full
dollar amounts are in escrow, then the chances that HJM would go forward with
these original terms and conditions with some tweaking seems very feasible so
that by next Thursday, the money is in escrow and agreements made, we at U.S.
Home would only wish for the Developer to proceed and complete the process. If it
is only $25,000.00, then we will continue; if it is going to be a hard commitment to
make this happen in a timely fashion, I applaud the efforts and wait to see what
you are able to accomplish.
Mr. Reinders stated my response to that is on several levels. As a
Supervisor of this District, it would be my desire to see every avenue actively
explored as quickly as possible for the sake of the development of the community,
the security of the bond holder, the welfare of the property owners and so forth.
As a potential contract buyer of golf course land with the group to go forward, I
don't see that that causes any harm to those efforts which I would gather U.S.
Home would just as soon see this proceed outside of their own efforts in that
regard. Certainly to that extent, I don't have a problem with a simultaneous
8
April 10~ 1997
track. In any event, I think it would behoove to answer a few fundamental
questions to the extent you can find out, is it a marketable issue? Is there a
revalidation process involved? Is it the will of U.S. Home to even do it based on all
of the facts? I think those issues are still well explored and nobody is
guaranteeing that anything gets done so I think it is best that every avenue
continues to be actively explored. The only other thing that I don't know is if U.S.
Home is potentially interested in the entire project, all of the residential, I am
assum~g they would want the golf course anyway. I don't know that to be the
case and if that is a viable avenue, I wouldn't purport to speak for them and in
any way deter or foreclose that option.
Mr. Comeau asked as far as continuing the meeting, I have to be in
Tallahassee next Thursday and Friday, would it be possible to meet on Monday,
the 21st?
Mr. Reinders stated Monday suits my purpose.
On 5lOTION by Mr. Reinders'"'"~econded 57 Mr~ Bailey[
with all in favor the meeting was recessed at 11:15 A.M.[
and continued to Monday, April 21, 1997 at 10:30 A.M. at[
the same location. ~
L. ""
Secret~ry
9
A~A
HE]~rr.4.GE GREEN8
CO~ DEV~.OPMENT DISTRICT
277 N. Collier Boulevard
Maxco Island, Florida
16 '1
P~II C~ll
Discussion of Delays and Lack of Financing for Golf Course
Construction with Respect to Meeting Requirements of Bond and
Noti//cat/on to Bond Holder.
Staff Reports
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Adjournment
MINUTES OF MEETING ,
HERITAGE Gl:kEENS
COMMUNITY DEVELOPMENT DISTRICT
The regular meeting o£ the Board of Supervisors o£ the Heritage Greens
Community Development District which was held Thursday, April 3, I997 was
reconvened on Friday, April 4, 1997 at 10:30 A.M. in the offices of Ronto
Development, 277 N. Collier Boulevard, Marco Island, Florida.
Present and constituting a quorum were:
James Reinders
Raymond Harris
Charles F. Bailey
Peter Comeau
Also present was:
Chairman
Vice Chairman
Assistant Secretary
Supervisor (By Telephone)
James P. Ward
Bruce Anderson
Bill Reagan
ORDER OF BUSINESS
Assistant Manager
Attorney
William R. Hough & Co.
Roi1 Call
Mr. Reinders called the meeting to order at 10:30 A.M. and stated that
Messrs. Bailey, Harris and Reinders were present.
~-,C~ND ORDER OF BUSI~q:~_ _ Approval of the lVIinutea of the January
23, and January 31, 1997 Meethq~
Mr. Reinders asked does anyone have any additions, deletions or
clarifications to the Minutes that are in your agenda package? Hearing none, I
will entertain a motion to approve the Minutes of the Meeting of January 23, 1997
as written.
[On MOTION by Mr. Bailey seconded by Mr. Harris with
all in favor the January 23, 1997 minutes were approved
Mr. Reinders stated let us proceed to the Minutes of the Meeting of January
31, 1997. Again, I call for additions, deletions or corrections. On page 4 of those
minutes, six lines from the bottom, it says, "Mr. Klass stated as far as Boness is
concerned,..', I think the reference should be ~ stated as far as Boness
is concerned because to the best of my knowledge Mr. Klass was never with
April
1681
B~xn~tL On page 15, six lines from the top, I believe the reference at $840,000.00
should be a reference to $825,000,00. On page 20, appro~mata]y half way through
where it says, 'Mr. Reinders stated my motion is basically as follows: We start
with the proposition that this District has levied contracts" I tFAnk the reference
was has let contracts and it should be singular "contract' not plural. On page 25,
six or seven lines from the bottom, there are some references to Ronto
Development or Ronto Partnership. Why don't we just refer to Developer as
neither of those is a development entity, therefore, the reference should be
Developer. Are there any other comments or questions? Hearing none, I will
entertain a motion for approval of the Minutes az amended.
[Oal~ MOTION by Mr~ Harris seconded by Mr. Bailey withi
in favor the January 31, 1997 minutes were approved[
las amended.
~ ORDER OF B~ Publtc Hem-b~ on the Adoption of the
Budget for ~ Year 1997 and
~tton of Developer F~d/n~
Agreement
Mr. Wpu-d stated item 3 on )'our agenda is a public hearing relative to the
adoption of your Fiscal Year 1997 Budget and consideration of a Developer
Funding Agreement thereto. As I had ind/cated to you at a prior meeting, this
process is normally handled in the summer of each year, however, due to the
state of financial emergency that this District was in last year, the District was
not able to go through the Budget process and accordiugly has utilized a Budget
from prior years, therefore, I have prepared for you the draft Administrative
Budget for your General Fund for Fiscal Year 1997. It is a standard Budget for
this type of work. Along with that I have included a Developer's Agreement
between Heritage Greens Limited Partnership and the C.D.D. which indicates
that the Owner-Developer will make the funds available to the District on a
periodic basis, essentially monthly, based upon tho District's requirements for
Operations. If you have any questions, I will be glad to answer them. This is a
public hearing, Mr. Chairman, and at some point you should open it up to the
public for comment and testimony.
Mr. Reinders stated I hereby open the meeting to public comment and
testimony. I show no members of the general public present other than the
2
April 4, I997
par'des previously identified. Ara there any comments from the Supervisors with
respect to the Administrative Budget?
Mr. Harris asked is this the Budget I can utilize in disclosure to
Purchasers?
Mr. Ward replied no this is just the Operating Budget.
Mr. Harris stated the Operating Budget is still paid by all 525 residences.
Mr. Relmders stated I think the Fiscal Year 1997 Budget is going to be totally
funded by the Developer. For purposes of the Developer's disclosure, U.S. Home's
~isclosure to prospective purchasers for subsequent years, they may want to say
that this is the Budget for this current year. It is obviously subject to some
changes as you go forward. For your benefit, if you look at the disclosure that was
done for the Key Marco C.D.D., you will see language that is pertinent.
Mr. Bailey asked does this Budget address the Board of Supervisor fees that
are in arrears?
Mr. Reinders replied no, we discussed at our prior meeting of January
23rd, a~ I recall, that those are the Developer's obligation to fund, they would not
appear in our current Fiscal Budget but they are going to have to be funded by the
Developer. Mr. Ward was going to generate a schedule of those amounts, get
them to me and I was going to submit them to the Developer so that they can fund
it to the District and wa can disburse accordingly. I assume there ia some
urgency about collecting some of these moneys assuming that we adopt this
Budget and approve this form of proposed Agreement between the District and the
Developer, I will get it transmitted to the Developer forthwith. It occurs to me that
thoro ia a second Improvement Acquisition Agreement and that there are
probably some ~uma due and owing to the Developer under that Agreement. Is it
appropriate to consider applying those funds?
Mr. Ward replied no it is not appropriate. I need three motions from you if
you are ready for motions. I need a motion to close the public hearing.
On MDTION by Mr. Reinders seconded by Mr.'Bail'e~,[
with all in favor the Public Hearing on the Adoption of[
the Budget for Fiscal Year 1997 was closed.
Mr. Ward stated the second motion is a motion to adopt Resolution 97-7
which is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE
HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOIl FISCAL
YEAR 199~97.
On MOTION by M~-i geinaera sec°nded bY'Mrl H~sl
with all in favor lq~esolution 97-7 was Ado]~ted. [
Mr. Ward ~t~ted the third motion is a motion to approve the Agreement
between the Heritage Greens C.D.D. and the Heritage Greens Limited
Partnership to fund the Fiscal Year 1996-I~7.
Mr. Relnde~ ~tated that should be Heritage Greens Developments Limited
Partnership as the development entity.
"On MOTION by Mr. Relnc[ers seconded by Mr. Bailey[
with all in favor the Developer Funding Agreement as
_amended wa~ a~im~ved. ,,,, ,,
Mr. Reinders stated on the pay requests that are attached in our package,
please address those to Heritage Greens Developments Limited Partnership, and
send them to the attention of A. Jack Solomon as I am not affiliated with that
development entity in that sense.
Mr. Anderson stated I have two items. I want to report to you that the
second Improvement Acquisition Agreement that was authorized at the January
31 meetfng was finalized and it has been executed by all of the parties. Secondly, I
wanted to bring to your attention a change in the Subdivision Construction and
Malntenanco Agreement that the District enters into with the County.
Mr. Ward stated the record will reflect that Supervisor Comeau has joined
ua via telephone.
Mr. Reinders stated Mr. Comeau to bring you quickly up to date, we have
had our Call to Order, concluded our public hearing on the Fiscal Year 1997
Operating Budget and adopted same and approved the form of Agreement for
funding with the Developer. We have, subject to some fairly minor amendments,
approved the Minutes of the January 23rd and 31st Meetings and we were just
hearing a report from Mr. Anderson which was essentially to date to the effect
that the second Acquisition Agreement was finalized and signed by ail parties
4
Al~4! 4, 1997
and he was beginning to address tho status of the subdivision Construction and
Maintenance Agreement. With that I will go back to Mr. Anderson.
Mr. Anderson stated with regard to the Construction and Maintenance
Agreement, there were some non-substantive changes which were requested by
the County Attorney's Office to make the Agreement consistent with how the
Land Development Code reads today with regard to Community Development
Districts, changes like Planning Service Director is changed to Development
Service Director. There was one substantive change to tho Agreement that was
also initiated by the County, not the County Attorney's Office, but the amount
shown in paragraph 2 of the Agreement for what the District has to set aside as
the construction amount and the reserve amount for the subdivision
improvements was changed from $2,310,654.00 for the construction amount. The
new amount is $2,462,534.00. As a corollary to that, the 10% of the construction
amount, which is called a reserve amount, was changed from $231,065.00 to
$246,253.00. Those changes were sent to Mr. Ward and to me and were also
approved by the Bond Trustee.
Afr. Comeau asked if the two million plus dollars came from the $1.3
million plus or minus in the lioness contract plus additional dollars for fill to
complete the infrastructure?
Mr. Reinders replied more or less I think is the answer. I don't know that
the Count)' totally calculates the dollar requirements in a one to one
correspondence with the bid amounts. In essence, we had concluded that we
knew wa had a $I,315,000 contract more or less with Boness for the
infrastructure. We knew we were processing the $825,000.00 change order and I
knew that there was another change order for discussion related to some minor
drainage to the tune of about $42,000.00 so there was a fairly close correspondence
between what the District's actual contract costs were anticipated to be and the
amount tho County was mandating in conjunction with the Agreement. I think
right, wrong or indifferent, the County gets the last say.
Mr. Comeau stated based on the existing status, I know when Heritage
Greens has finalized the Agreement with the County for Operations and
Maintenance but because of ongoing issues for the golf course operator and
existing conditions between the C.D.D., golf course operations and all other
parties concerned, at this time, no change order should be authorized from the
District to Boness for tha IFS00,000 plus work, and it should remain as we have
5
1907
already previously authorized for the infrastructure, water, sewer, roads,
drainage and that kind of activity.
Mr. Reinders asked before we come to that, did you have anything else in
your report Mr. Anderson?
Mr. Anderson replied no, I just ask that the Board ratify that change in the
amount since that was a previously approved contract.
Mr. Relnder~ stated I have no problem with that obviously as I was in part
rezlxmsible for trying to finalize that Agreement as I had been charged to do by
this Board. May I have a motion for the ratification requested by Mr. Anderson?
IOn MOTION by Mr. Bailey seconded by igir. Harris with!
all in favor the New Construction Amount
$2,462,53.4..00 in Paragraph 2 of the Subdivision!
Construction and Maintenance Agreement was]
Mr. Reinders stated Mr. Comeau, your point in terms of what we do with
our contract with Boness is timely and needs to be addressed. We need to agree on
what is appropriate.
Mr. Comeau stated you went ahead and executed the contract with Boness
in reference to infrastructure which is fine but they cannot proceed until the
notice is so given, however, for any and all change orders, requirements for fill
and other activities I strongly recommend and insist that no further action be
taken at this time.
Mr, Reinders stated let me recap where I believe we left it at our meeting of
January 31st. At the conclusion of that meeting, we had let the contract and
authorized its execution for approximately $1,315,000.00 for the infrastructure.
Mr. Comeau stated that is correct.
Mr. Reinders stated we had approved entering into a change order for
$825,000.00 with respect to earthwork. That change order has not yet been
finalized.
Mr. Comeau stated that change order should be withdrawn.
Mr. Reinders stated let's wait and let me finish the status on this Lem.
Thirdly, we authorized giving Notice to Proceed to Boness with respect to the
Phaso lA infrastructure.
Mr. Comem; stated all they have done is put in conduits but they have not
proceeded any further.
6
Mr, Retnders stated we did that, it was my understanding based on the
mtnutoe and the diacu~ion on the assumption that finalization of the golf course
financing and contracts were imminent. It subsequently came to my attention
that they were not imminent and at least in some serious question. Accordingly,
I took it upon myself, based upon what I understood the intent of this Board to be,
to withdraw the Notice to Proceed that had been issued to Boness with respect to
the Phase lA inlrastructure so that they are not proceeding with that work and
the District is not incurring any fuxther cost pending some degree of certainty or
comt'ort that the financing and development of the golf course are such that it can
proceed simultaneou~Iy with this District's work.
Mr. Come. au stated that is correct. I concur that one, the Notice to Proceed
needs to be wlthdrnwn, nnd any and all work that Boness has done up to date
based on their initial mobilization activity should be paid, however, that change
order as you did say which has not been fully executed or processed for the
needs to be withdrawn and any additional funds for expenditure of District
dollars, including operational expenses based on the Budget that has been
adopted, should be suspended until such time as additional golf course financing
has been secured or at least represented to the District that it is proceeding. Are
you in agreement or not?
Mr.. P, ainders stated the only thing that I would perhaps differ with you on
would be that there is probably no harm, and arguably some benefit at least in
finalizing the change order with the understanding that no work is going to
proceed on change order or base contract until we have our comfort level
established with respect to the goll'cour~ just to get the paperwork out of the way
and otherwise be ready since the timing of this project is starting to lag rather
seriously.
Mr. Comeau stated that is understandable but I do not want the change
order, and I am insistent upon this, but I do not want the change order processed
with Bones~ for tho fill balance at this time. It is something that as far as going
forward with infrastructure contract with the withdrawal of tho Notice to
Proceed, I concur but I insist on not having the change order for the fill to be
finalized or in any format transmitted to Boness for consideration. Mr. Ileinders asked may I ask your reasons therefor?
Mr. Comeau replied because of ongoing discussion with the Developer and
also discussions with potential alternative financing and construction
opportunities that may exist with the golf course, that other arrangements are
b~tn$ looked at by tho Developer and by U.S. Homo trying to determine who would
be the best to develop the golf courso based on various alternatives, based on Mr.
Klass's failure to perform in providing funds necessary to bu/ld the community
and to meet his obligations. Any further obligations on the part of the Dist,-ict
would thereforo be foolhardy and irresponsibIe on the Dis~'ict'a part.
Mr. Eeinders stated this District still needs to assure itself of' the ava/lability
of somo ~ material to do its work.
Mr. Comeau stated that is correct. There is no assurance at this time
frame since work has been suspended for completion o£ the earthwork and if'
Bonees did proceed and was the earthwork contractor in conjunction with the golf'
course, there would be no problem, but they may not be and consequently they
not be in the position to acquire the fill From site based on flue interaction and the
integral component that is going to occur between earthwork and golf course
contractor and that ia going to be assisting the D/strict in meeting their
obligations of providing inrrastructure and fill at least to finished lot grade and
drainage operations.
Mr. Reindera asked is there any further comment or discussion? I assume
you are putting thta in the form cf a motion? Mr. Comeau stated that ia correct.
Mr. Bailey asked how much of the fill is allocated to the golf course7
Mr. l~inders replied I have forgotten the specific percentages but I think it
was referenced in the minutes of prior meetings. It was something on the order
of thirty or forty percent goin~ to the residential as I recall. Forty-two percent is
the number that comes to mind.
Mr, Bailey stated I don't see the harm in going ahead with the change
order aa long as we don't obligate the District in the funding. We have done the
same thing with the basic contract without giving the Notice to Proceed. We
haven't obligated the District.
Mr. l~eindera stated I nm of the same opinion because on the one hand the
District has some interest assuming everything is proceeding with Boness and
that the golf course is coming and assuring itself of. what I thought was an
advantageous arrangement with respect to the securing of fill material. Also,
however the golf course goes forward, whether it goes forward through a
subsequent bond issue or it goes forward through other parties or institutional
financing, there ia probably some desirability in knowing what the golf course
8
1 6G1
development co~ are which are also a function of this change order to the extent
that it would be mirrored by a reduction of those costs for golf course development.
Mr. Comeau stated but as a practicality issue, if Boness is not the
earthwork contractor for the golf course and this fill is going to be obligated to the
District's point of view, they may not be the most cost effective firm to provide fill
for the balance of the project in reference to the C.D.D. obligations and
responsibilities. The assumptions upon which original fill considerations were
put, forth are now null and void. The District may have the opportunity to obtain
more cost effective fill in a more ellicient and effective manner based on what golf
course operator and earthwork contractor cost sharing may exist. To assume
that Boness will be that contractor should not be taken for granted. Second, until
such arrangementa for earthwork and golf course and overall site work are
£malized, that component of the project, to assume and obligate the Dis~ct even
with the Notice to Proceed with the assumption that they will be able to provide the
fill is inconsistent with the same conditions that exist with the Developer Ronto
and their partnersMps and the Ronto Klass arrangement. Notification has been
given that Klass is in default in complying with their obligation to proceed with
the golf course and consequently are in no position not only to not meet the
Developer's and the Klass partnership to proceed but they are in default of that
arrangement and therefore since Klass is planning on using Boness, there are no
assurances that they will be able to fulfill their contract with Ronto Klass
partnership and to deliver the goli' course and earthwork. The whole assumption
that Bonesa and the District being able to provide fill under that arrangement with
the cost savings is null and void. Tho assumptions that were made and the
obligations that were being considered and the premise that was being put
forward are non-existent at this time.
Mr. Reinders stated I will make one other comment and we will see if we
can take some £ormal action. I sail consider that time is of' the essence from all
parties perspective. This project is roughly 90 days behind schedule at this point.
Mr. Comeau stated that is correct.
Mr. Reinders stated assuming we reach the point that it is desirable to go
forward, I think we are going to want to be able to move as quickly as possible on
all fronts and as it stands right now, if we have not at least conditionally perfected
our contract with respect to the District service, the work to be performed through
the District, we are going to be issuing Notice of Meeting, we are going to have
meetings, we are going to have discussions, we are going to do paperwork and
9
th~n we ar~ ~ng to lag another sever~ weel~. To ~a~ end, I would see
~ ~ ~u~g ~ a ~n~on~ ~g~ order ~h Boness to ~st~e~ ~ says
a~ ~s ~s~'s sl~on, ~d a~g ~a~ Boness in in ~a~ the con~a~r ~or
· s ~o~ co~, ~n ws ~ a~va~ ~s ~ge order ~or $8~5,000.00 ~d
ws ~ ~ ~~ ~t ~ but at l~st w~ have put it in place such ~at we
~ ~ ~d at ~ gme. ~ose ~e my ~ou~h~ on ~e matter. ~ght now I
~ve a ~~ I do not ~ve a ~nd. Do I have a second ~ ~e moron? ~t's go
back ~ where w, ~e. ~ght now, we Mve a gtua~on ~at says ~a~ for the
record, we en~red in~ the con,aa ~or $1,315,000.00; we are autho~zed
nego~a~ a ~ge o~. F~ $825,0~.~; we isled a No~ee ~ Proceed; we wo~d
Hka ~me m~fi~on ~or the fa~ ~at we ~ew the Notice to Proceed and I
w~Id l~e ~ have ~1 of us a~ee on what con~ons, if any, we ~II be gong
fo~ard.
Mr. Comeau s~d ~e problem ~ that is ~e pre.se is that ~ass ~d
~n~ ~11 pr~eed ~th Boness, U.S. Home has info.ed me that Ron~ has
no~ U.S. Home that ~asa has dera~ted on ~eir a~gement, therefore, the
premt~ upon which ~ proceed ~th Boness on the golf course is nonexistent.
~t Is ~e pmbla~
~. ~nde~ s~d I a~ee; ~a[ is the problem.
Mr. Co~au ~ked why would you go fo~d ~d assume that Boness can
deliver ~ the a~gement ~ ~e ~ saint mecha~sm that was renewed at
l~t mee~ng when ~at is n~l ~d void? More impo~ndy it has been conveyed
~t ~ you p~ed ~ ~e golf co~, Mr. ~ass has been no~fied ~d as such
It h~ been co~e~nded ~ U,S. Home ~at they are in default, that U.S. Home
contra~ually ~ their obligations ~ Ron~ have the Hght to approve or
· sapp~ve ~y ~n~r ~t g~s ro~d ~ ~e project until ~e C.D.D. has
· e obligation ~ go fo~d ~ the inrras~cture and suppo~ Boness for that
pm~y. ~ness is not in a ~si~on ~th the ~ass ~nto relationship to build ~e
golr ~ur~ and do ~e e~work bemuse Ronto as the Developer has notified
~ass ~t he is in derail ~ su~, ~e pre.se upon the chute order that was
en~r~ in~ or ~dered at ~e la~ mee~g is n~l ~d void.
Mr. Reinders s~ted not ~tally. I thi~ the premise o~ appro~ng the
chanse order w~ that Boness shall have entered into a contract with the golf
~e o~r ~d ff ~at pre.se is not ~bsequenfly fulfilled, then that chute
o~er d~s not get ia Notice ~ Pried.
1997
1661
Mr. Comeau uked why proceed at all?
Mr. Retnder~ replied ~me. ~t wu my ~ent e~Iier.
~r. Comeau ~d the chugs order for ~e fi~ eho~d be placed on hold
~ffi ~ time ~ o~er obligations by o~er p~es involved ~th ~is project ~
~ ~i~d.
Mr. ~de~ ~d in ~y ~ent, we have no motions on ~e floor at ~e
moment.
Mr. ~m~u ~ I ~ ~e a me,on ~at at ~s ~me that any ch~ge
orde~ ~ ~e ~ness con~a~ ~ placed on hold until fo~al notification of
fi~li~flon of o~ e~work ~ ~e golf co~ for sc~e of econo,es has been
fi~i~ ~d ~ no~fi~ ~ ~a
Mr. ~ind~s asked do I have s ~nd to ~e motion7 The mo~on f~Is for
la~ ors ~nd. Do I ~vs ~y o~er
~. H~s s~ I m~e s ~fion ~ accept ~e $825,000.00 chugs order.
Mr. ~d~ ~d I ~ we ~ ~ere ~ready. ~e motion made at ~e
m~flng of J~u~ 31 was my motion s~onded by Mr. Comeau ~ all in favor
· u~o~ng ~at s ch~go o~er ~ ~e ~ness ~nt~ct be nego~ated to p~de a
lump ~m fi~e not ~ ~ce~ ~,000.00 ~ meet the fill req~remen~ or ~e
~s~ It was stip~a~ ~at no Notice to Proceed would isle as to that chugs
order until ~ch time ~at ~e gol~ co,se entity, whoever that may be, has
fi~iz~ s ~n~a~ for ~e golf co~ development ~d seared its finandng and
clos~ on s~,. I ~ we ~e ~y whet, we w~t to be. The o~y motion I
w~t ts approval for ha~ng ~drswn ~e Notice to Proceed on Phase lA ~d
· en I ~ g~ng out ~d negoga~ ~e ~ge order for $825,000,00.
Mr, Ward stated the record will reflect that Mr. Comeau has Ic~ the
meeting tn order ~ change ~lephoaes.
There not being any, the next item followed.
C. M~ua~
},fr. Ward s~ted while we are awaiting Mr. Comeau's return, I will make
my report. With the old Dove Points, now Heritage Greens C.D.D., coming back
into compliance with the financial accounting standards, I have provided to you
an audit for Fiscal Year 1996 which is for the year ended September 30, 1996. I
will go through the important points. On page I is the Auditor's letter relative to
~,ourfinancial.tat~ment. anditi, essentiallyanunqualified^uditor'sl~port
^pril 4, I O7
1 6G1
which means that he did not find any irregularities in the presentation or
preparation of your financial work that would cause lxim to qualify the statement.
That is, in fact, the most Lmportant issue that you have dealt with for many years.
Pages 2 and 3 contain a Balance Sheet and Income Statement.
The record will reflect that Mr. Comeau has rejoined the meeting. While
you were changing phones, I was going through the audited financial
statements. As I stated, pages 2 and 3 are the Balance Sheet and Income
Statement. It shows that there is a $141,000 Fund Deficit for 9/30/96. That will be
cleared up when you see your 9/30/97 financial statements either from bond
proceeds that were utilized to pay some of the professionals or alternatively
through funding by the Primary Developer.
Pages 4, 5 and 6 are the Notes to the Financial Statements. Again, the only
significant notes are on page 6 relative to the Deficit Fund Balance and
Subsequent Event note in which the District issued $6 million in special
assessment bonds to provide the cost of constructing these facilities.
Pages 7 through 12 are three additional letters that auditors are required to
provide to you. They are the Report on Internal Controls, the compliance with
Statutes letter and then the Management Letter which is on page 10. There were
no comments on the Internal Controls Report, no comments on the state law
requirements and then in the Management Letter you will notice a couple of
comments, all related to the fact that the District was in a state of financial
emergency. On the bottom of page 11 the Current Year Comments about the
District not preparing and approving the Budget in accordance with 190.008
which ia the requirement that it do that in the summer months. As I mentioned,
we were not able to do that because of a state of financial emergency that the
District was in. Also on the bottom, relative to the disclosure requirements of a
stat~ of financial emergency, although that has been complied with, it is still a
Management Letter comment required. Those are the only two comments which
will clear themselves up automatically as a part of your audit for next year. If you
have any questions, I will answer them; if not, a motion to accept your Financial
Statements would be in order.
On MOTION by Mr Rc'inders seconded b M'~ Har~'isl
w~th ali in favor the Financial Statements for the Year
[Ended September 30, 1996 as prepared by Schultz,!
[Chaipel & Co. was acce~ted.
Mr. l~tnder~ ~,~ted to return to our previous topic, I will try to summarize
wher~ we are currently. I understand what you are saying that on the one hand
this change order which is in effect premised on Boness being the contractor for
the golf course is obviously not of any benefit to this District in the event that
Boness does not become the contractor for the golf course. This District does not
control who becomes the contractor for the golf course. [n fact, we may have a
problem with our base contract if they do not become the contractor although I
guess it was separately bid, bonded and contracted so I will assume that at least
potentially stays in place. On the other hand, I see no harm in leaving things as
we previously authorized them because in the event they do become the contractor,
at least our contract is complete at that point and we are in a position to
immediately proceed without further ado or delays with a job that is already
seriously off its time line. I would consider that our failure to date to make any
change to our prior authorized actions does not foreclose us from subsequently not
sending a Notice to Proceed on the change order or negotiating with whomever
the contractor may be on the golf course, if there is one, and be in a position where
wa can at least fix our costs on the assumption Boness is the contractor, expedite
our ability to move forward if they become the contractor for the golf course and do
that without any prejudice to whomever is the golf course developer and whatever
their contractual relationships or preferences may be. I ask, however, that
because at our prior meeting, we agreed to give Notice to Proceed to Boness on
Phase lA and, based on my understanding of the implicit will of this Board, I
retracted tkat Notice to Proceed and I thiak going back to what you said a moment
ago, Mr. Comeau, that we don't want tx) issue a Notice to Proceed until we know
that this golf course matter is resolved, I would like a motion to authorize the
withdraw'al of the Notice to Proceed and provide that no Notice to Proceed will
issue until such time as we all concur that adequate arrangements have been
made with respect to the golf course development.
},ir. Comeau stated I believe the motion should be to confirm the
Chairman's actions because you have already done it. We have the right
regardless of who the golf course contractor is to withdraw that change order.
Mr. Reinders stated we should make sure that that change order
specifically says that it is conditioned upon lBoness becoming the contractor on the
he golf course and that we may withdraw or that its activation is totally at the
future will of this Board premised on their becoming the golf course contractor.
Mr. Comeau asked what if they don't get to be the golf course contractor?
M~', Retnders stated that voids the change order in effect because they
obviously can't perform at that point.
Mr. Comeau stated second, the reissuance of the Notice to Proceed should
be based on written documentation not any one representation by any particular
Board member but upon official written notification and documentation to the
satisfaction of the Board and the Board's Counsel that yes indeed there are
arrangemen~ to proceed with the golf course and that all financing and all
appropriate documentations of other parties to this project have been filed to
proceed and perform.
,Mr. Reindcrs stated I will try to rest.ate it for the record so that all of us are
comfortable. I interpret the motion to ratify my former actions in withdrawing
the Notice to Proceed to Boness with respect to Phase IA of the infrastructure and
to provide that no Notice to Proceed will issue from the District until such time as
we and our Counsel are satisfied that adequate arrangements have been made to
fund the golf course development. I said 'we' in the sense that I would anticipate
in that case that this Board would convene for the purposes of making that
determination. I think that is the easiest way to do it rather than to try to specify
who the Notice shall come from and what the standards for review by Counsel
are. In other words, if you agree Mr. Comeau that this is the essence of your
motion, no Notice to Proceed will issue absent subsequent action by this Board of
Supervisors.
l~lr. Comeau stated that is correct nnd the third component would be that if
it proceeds with Bone.ss as that earthwork contractor, the change order for fill
would bt., withdrawn or renegotiated as such.
~lr. Reindern stated I accept that, the change order for the $825,000.00 f'dl,
is that correct?
l~lr. Comeau replied that is correct.
'On hIOTION by ~tr. Comeau seconded by blr.-"Reinders
with all in favor Chairman Reinders' Withdrawal of
Notice to Proceed to Boness on Phase lA of the
Infrastructure was Ratified and it was Stipulated that
No Notice to Proceed will issue from the District until
District and District Counsel at a Board Supervisors
~Ieeting are satisfied that Adequate Arrangements for
Funding Golf Course Development have been made;
further that if Boness does not become the Earthwork
Contractor, the $825,000.00 Change Order for Fill be
Withdrawn or Renegotiated.
14
1 6G1
Mr. Reinders asked are there
Hearing none, we will move to item 6.
any additional Supervisor's requests?
8IXTH OBDER OF Constde tlon of Requests
Mr. W~ ~d we have F~&ng ~ues~ before ~e Bo~d for
Mr. ~inders asked ~e ~ose ~e items ~at I addressed earlier as ~ ~e
~r addresses?
~. W~ r~lied yes ~ey ~e.
Mr. ~nde~ ~d we appr~e for ~e Dis~ct and fo~d ~em
Doel~r, Is ~t co~e~?
Mr. W~d res~nded they have already been fo~arded but you need
apple ~em.
Mr. Reinders asked is there any further business?
bit. Comeau stated one of the things is we are 90 days behind and moving
forward with the infrastructure, the Board's obligation, I believe that negotiations
will be successful and I believe the Board will be in a position to meet their
obligations, however, it would be prudent at this time if' our Manager, Mr. Ward,
and Mr. Anderson would get in touch with Mr. Reagan, our Underwriter for the
bond, and determine what ac'done need to be taken by this Board to continue in
compliance with our bonding obligation. In other words, we need a status report
from Mr. Reagan o£ any and all potential concerns or issues or additional actions
or performances that may be required.
Mr. Ward stated Mr. Reagan is here so if he wants to do that now, fine,
otherwise we will ~chedule that for the next meeting.
Mr. Comeau stated I request that for the next meeting Mr. Reagan be kind
enough to give a report.
Mr. Reindera asked let me ask what communications, if any, have been
sent to the bondholder with respect to our current status?
Mr. Reagan replied it was about three weeks ago that the bond buyer, which
happens to be Alliance Capital who is the holder of all the bonds, showed up
unannounced because he was in the area for other purposes and asked to see the
property and walk on it. When you are in that particular situation and four days
before that I was notified by Klass that he was no longer coming up with his
money, it does make you wonder. I called the Chairman and I called the
Manager and said I had some concerns about bond proceeds, we do have the bond
purchaser on site. I talked to the bond purchaser and informed him that we were
having difficulty with the golf course site. I told him there was some strong
interest at that time that U.S. Homes might come in and secure ties to debt Mr.
Comeau, if you will recall, that was our preliminary conversation. He was okay
with that but he did put me on notice as he left, as investors tend to do, any change
in that status he wanted to know immediately and that is rightly so. For the
record, I thought today was my deadline before I called them and told them we
have a problem. I would say that I could stretch it out for 48 to 72 hours but there
is a point where I start creating tremendous liability for my firm without
notifying them of the problem. To answer Mr. Comeau's question, you will have
something from me either verbally or in writing as to our notification of the bond
buyer. I don't mean to create a knee-jerk reaction with that. That holder of the
bonds doesn't want anything to happen to this District so he is not going to come
in and say I want this property, I don't think that will be their position at all. I
think they will just want to be informed, know what we are doing about it and is it
going to create any future problems and that is what I would so advise them. I
would rather go to them a~d say we have this problem, here is how we
contemplate correcting it and we are going to give ourselves X mount of days, do
you have any problems, suggestions or can you offer any assistance. I have
already asked if he would like to come in with $6 million of tax-free debt and he did
not seem interested in that.
Mr. [~inders stated I am in favor of providing, fair notice and information
to our bond holder. I still have every confidence that we will go forward in a
proper manner. We know there are several parties interested in trying to move
this golf course to commencement in fairly short order. Klass is still making his
efforts, he has defaulted but that agreement has not been terminated. We
understand that U.S. Home is looking at some arrangements, there may be others
who are at least contemplating it. I still suspect it is a very viable golf course
operation so I think all we have suffered is some delay and anguish but I don't
think we will suffer monetarily.
Mr. Reagan stated the point that you will probably come to in a few weeks I
imagine is that you are eating up interest which is going to bond proceeds. You
have a payment coming up this year ~ometime and there will be a point where all
of that needs to come to a halt, collapse the bond issue, see if you can work out
some sort of settlement, return the money and I am making this very simple but
we need to try to do those sort of things if we zee ourselves having further delay.
A~ you start eating up money, then you are worrying about them being intimately
knowledgeable about the transaction and you have to worry about the Developer'
side, what he is going through. Somehow, probably within the next ten days, I
imagine we are going to have a meeting to decide how you are going to proceed
with this transaction because what I am mostly concerned about now is you
haven't gone through many dollars yet, is that correct7 That is still a fairly small
amount of bond proceeds.
Mr. Ward responded it is a couple of hundred thousand dollars.
Mr. Reagan stated your next big payment will be the capitalized interest
payment. I would rather be able to go to the bond holder with almost all of the
money in place. When he was down here in January or February, I told him bond
proceeds are in place, we have just spent a couple of hundred thousand dollars
which I got from the Trustee.
Mr. Reinders stated I don't know if the answer is a week or ten days. It
seems to me that if we haven't seen a plan of action that gives a reasonable degree
of comfort in that time, we need to think about the alternatives. My guess would
be we are 30-45 days away from actually seeing someone get in the ground on the
golf course in the best of circumstances however it proceeds. We would like to
know who is proposed to be a golf course developer and on what basis and what
their time line for getting started is. To that end, I suspect it may be appropriate
to continue this meeting to a time and date certain so we can review our status in
a week or ten days.
Mr. Comeau stated I recommend this time next week.
Mr. Ward stated I am booked all day next Friday, could we do it on
Thursday?
17
Mr. P~inders stated I am not adverse to that.
Mr. Comeau stated Thursday is fine except that if Mr. Reagan is
proceeding within 72 hours with some form of notification and there are actions
that he needs to take in reference to the bond purchaser and because of the weekly
changes that are occurring with options concerning the golf course construction,
with this time frame, it seems prudent that the Board meet regularly to assess
what actions may be necessary to meet the comfort level of the bond purchaser.
Mr. Reinders stated the other thing that occurs to me is, and I hesitate to
speculate, but is the interest that U.S. Home is displaying potentially related to
this golf course predicated on an additional bond issue by this District.
Mr. Reagan stated Mr. Comeau, I haven't discussed with this District or
any members of the District my discussions with your firm, not for any purpose
not to, it is just that I haven't had the arena to do that.
Mr. Comeau stated that is only one of three options that is being explored
and nothing has been finalized. U.S. Home is in a position that they are looking
and the number one objective of U.S. Home is to have the Developer perform in all
aspects including golf course construction and earthwork and they are looking
forward to the C.D.D. performing as we know they would in providing
infrastructure and support to meet their obligation. Failure of the Developer to
perform, U.S. Home is exploring options as you pointed out previously, Mr.
Chairman, az other people are looking at financing options for the golf course, so
is U.S. Home. At such time as more formal arrangements have been finalized in
reference to a bond financing, which is only one option, the Board shall be so
notified but at this time, nothing has been finalized.
Mr. Reinders stated perhaps we should reconvene on next Thursday and
those that can't be here in person can be by phone and we will see if the smoke has
cleared at all in the interim.
Mr. Comeau asked Mr. Reagan do you deem that to be appropriate?
Mr. Reagan replied yes.
htr. Reinders stated that will be 10:30 A.M. on Thursday, April 10. Do we
have any other business before we entertain a motion to continue the meeting?
There not being any, I will entertain a motion to continue this meeting on
Thursday, tho 10th day of April at 10:30 A.M. at these offices.
with ail in favor the meetin~ was continued to Thursday,
April 10, 1997 at 10:30 A.M., at 2?7 N. Collier Boulavard,
Charles F. Bailey ~ '
A~i~t ~cretflry
CltaiYman ./
1 6(31
AGENDA
CO~ DEVELOPMENT DISTRIC~
Friday
10:30 A.M.
Continued from
277 N. Collier Boulevard
Marco Island, Florida
1. Roll Call
Approval of the Minutzs of the January 23, and January 31, 1997
Meetings
Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and
Consideration of Developer Funding Agreement
4. Staff Reports
A. Attorney
B. Engineer
C. Manager
5. Supervisor's R~quests and Audience Comments
6. Consideration of Funding Requests 1 and 2
7. Adjournment
RESOLUTION V7.7
A RESOLUTION ADOPTING THE FINAL BUDGET OF
THE HERITAGE GREENS COMMUNITY
DEVEI2DI~I]i2NT DISTRICT FOR FISCAL YEAR 1996-
Whereas, the District Manager has heretofore prepared and submitted to
the Board, for approval, the District's proposed Budget for the ensuing fiscal year;
and
WHEREAS, a public hearing has been held on this 3rd day of April, 1997, at
which member~ of the general public were accorded the opportunity to speak prior
to the adoption of the final budget;
ow, rr
SUPERVL.qORS OF THE ttEIIITAGE G~~ uu
DEVI~ ~0~ DISTRI~
1. The proposed Budget heretofore submitted to and approved by the
Board is hereby adopted as the final Budget of the District for Fiscal Year 1996-97.
2. A verified copy of said final Budget shall be attached as an exhibit to
this Resolution in the District's "Official Record of Proceedings".
Adopted this 3rd day of April, 1997.
Secret~ry
~/a.~' Reinder~ /
Chairman /
Heritage Greens
Community D~velopment District
Budget- General Fund
Fiscal Year 1997
16Gl
Administmtir~ Fees:
Telephone
P~tag~ & i~productton
Ren~ls & ~a~
~e Ex~ & ~ppli~
~ra~
Sub~pt~ & Mem~rsh~
Othtr Fec~ and CJurgcs:
Property AppraLser
Tax Golk,~ctot
Revenue Reserve
Not Applicable for FY 1997
Total Revenue:.
Sub-lot.al:
S107,350
S107,350
Sl2,O00
S20,0C0
S20,000
$0
$2S,.S75
SS,000
$0
S92,375
S600
S2,400
S6~0
~,000
S2,000
$1,5~0
S175
$1200
Sub-tot.al: 514,975
Sub-tot.al: $0
Total Appropriations: S10'7,350
16G1
THIS AGREEMENT, made and entered int~ this 3rd day of April, I997 by
and between:
Heritage Greens Community Development District, a public
corporation created pux~uant to Chapter 190, Florida Statutes,
and
Heritage Greens Development, Limited Partnership, hereina.O~r
WITNESSETH:
WHEREAS, the Developer owns the majority of all lands within the District;
and
WHEREAS, the District pursuant to the responsibilities and authorities
vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties
to include administrative, legal, and the preparation of certain plans and
specifications for the Water Management, roadways and water distribution and
wast~water collection facilities, hereinafter referred to as capital improvements;
and
WHEREAS, the Developer recognizes that in so discharging said duties and
responsibilities, certain benefits will accrue to the land; and
WHEREAS, the Developer is agreeable to funding the operations of the
District as called for in the Budget, approved by the Board of Supervisors, which is
attached and made a part hereof as Exhibit "A" said budge', covering the balance
of fiscal year 1997;
NOW, 7IIEREFORE, based upon good and valuable consideration
and mutual covenant~ of the pattie, hereinafter recited, it is agreed
az rollow~
1. Developer agrees to make available to the District the moneys
necessary for the operation of the District as called for in the Budget, shown as
Exhibit 'A", monthly, within fifteen (15) days written request by the District. The
funds shall be placed in the District's General checking account in Broward
County.
The parties hereto recognize that a portion of the aforereferenced operating
expenses are required in support of the District's effort to implement its capital
improvements program which are to be f~nanced in the form of note(s), bond(s) or
16Gl ''
future developer advances and as such may be considered to be reimbursable
expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that
there will be included an amount s,tfficiellt to reimburse the Developer for a
portion of the advances made pursuant to this agreement and such
reimbursement will be made within thirty (30) days of receiving the proceeds of
the note(s) or bond(s). The advances made pursu_~nt to this agreement and
reimbursement of same will not include any interest charge since it is anticipated
that the District will proceed in a timely fashion to obtain its note(s) or bond(s).
Heritage Greens Community
~e{es Reinders/
Chairman
Heritage Greens Developments
Limited Partners~p
1 6Gl
Heritage Greens
Community Development District
Budget - General Fund
Fiscal Year 1997
De-~lopev Conmbufion
Board ot Su~, F~
End--ns
Audit
~&~t
Tm~ G~/A ~ l~
Total Revenue:
Sub-total:
S107,350
S107,350
S12,13GO
S20,0~
$20XX~O
592,375
Administrative F~c~:
Telephone
Pc~tage 6: Repr~uc~n
~uls &
O~flce Ex~s & 5upplio
~I Advw~ng
$ub~p.o~ & Mem~shi~
Conting~i~
Othtr Fees and Charges:
Property Apprai~r
Tax Collector
Revenue Reserve
Sub-total:
Not AF ?licable for FY 199;'
52,4CO
51,'5
51200
514,975
Sub-total: SO
Total Appropriations:
$I07.350
FebcumT 18. 1997
TI~ Bonto Group
277 North Collier B~'~d.
Marco ~. FI. 34145
Dear Mr.
The ~t fur,ding r~iu~ent for the Heritage Gr~er~ Community Development Dist.,la is necessary
to pay ~
$26.50
~4,555.23
$48.00
$46.50
$17,666.73
~400.00
$1.000.00
$25.00
$50.40
$243.69
Tot~ Request: 826,173.95
Accordingly. It wo~ld be appropriate for The Ronto Group to fund these Items at your earliest.
Thank you for your attenUon tn th/s matter and ffyou have any quesUons, please let me know.
In the meantime. ! remain.
~nd Check To:
Herlta~ge Grooms CDD
c/o Raudy WhlZe
10300 N.W. 11th MLuor
¢or&l Springs, lq. 33071
Yours sincerely.
Randolph G. Whl~e
Dtr~m' of AccounUng
Greens Commenit~ i:)s~l~ent Dbtrtct
16Gl
The Ronto Group
~ North Collier Blvd.
Marco Island. Fl. 34145
~e ~ C, amm~ Der~ent DIM~iet Fund Request
Dear Mr. Reinders.
The current funding requirement for the Heritage Greens Community Development District is nec'es,sa~
to Pa7 the
flm2ervi,tor Fees
Il'for any reason you do not agree with the super~'tsors that
we show on the attached work. sheet, please Inform us
who you do not want paid when you send the funding check.
~ I,. Mo?er. P.A.
Fees for bond cio~fng
Tot~l Request:
$2.666.67
810.866.67
Accordingly. It would be appropriate for The Ronto GrmJp to fund these items at your earliest
Thank you for your attention to this matter and ffyou have an)' questions, plca.,~e let mc know.
In the meanUme. I remain.
8~ud Check To:
Heritage Greens CDD
c/o RJJad~ Wlzite
10300 I¢.W. llth Ms. uor
Cor~l Sprla~. ~. 3307~
Yours sincerely.
Randolph G. White
Director of AccounUn¢
HERITAGE G]~ COMll, fUNITY
DL:'YELO~ DISTRI~
(}'/]GA DOV~ POINTE
CO.~L%4UNITY DEYELO~ DISTRI~
A~ OF A~%'D FOR TRE ~ ENDED
TABLE OF CONTEF~S
INDEPE2~DE~T AUDITORS' ~EPOaT
~ PIIR~OSE FI};ARCIAL STATIOfENTS
Balance Sheet General Fund
Statement of Revenues, Expenditures
and Changes in Fund Deficit - General Fund
No=es =o General Purpose Financial Statements
Independent Auditors' Report on Internal Control
S=:-uc=ure Based on a Audit of General Purpose
Financial S~atemen=s Performed in Accordance with
Governmen~ Auditing S~andards
independent Auditors' Report on Compliance Based on
an Audit of General PurpOle Financial Statements
Performed in Accordance with Government Auditing
Standards
1
3
4 - 6
7 8
9
10 - 12
I2TDEPENDE1;T AUDITORS ' REPORT
SCHULTZ
CHA[P'EL
1
I
The Board of Supervisors
~eritage Greens C~i~mity Development
Collier County, Florida
We have audited the accompanying general puc-pose financial statements
of Heritage Greens Co~nity Develoument District (the -District'), as
of and for the year ended September 30, 1996, as listed in the Table of
Contents. These general purpose financial statements are the
responsibility of the District's Tanagement. Our responsibility is to
express an opinion on these general purpose financial statements based
on our audit.
We ¢cnducted our audit in accordance with generally accepted auditing
s~andards and Government Auditing standards issued by the Comptroller
General of the United States. Those standards require that we plan and
perform the audi& to obtain reasonable assurance about whether the general
purpose financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts and
e .eneral rpose financial statements. An audit also
disclosures in th g . pu . _ s-d and significant
includes assessing the accounting principles.u -. __ .
estimates made by management, as well as evaluating the overall genera~
purpose financial statement presentation. We believe that our audit
provides a reasonable basis for our opinion.
In ouro~inion, the generalpu.'q~ose financial statements referred to above
present fairly, in all material respects, the financial position of the
District, as of September 30, 1996, and the results of its operations
for the year then ended in conformity with generally accepted accounting
principles.
In accordance with Governmezl= Auditing Standards, we have also i~sued
a report dated March 10, 1997, on our consideration of the District's
internal control structure and a report dated March 10, 1997, on its
co=pliance with laws and regulations.
Chaipe~ & Co.
10, 1997
1
VIA ~OY..11t:.
MYLR.%. FI£~IDA 33019
~941~ 930.5333
30, 1996
!6G1
l
A.SSITS
Calh
LZ.~BZLZTZE,B ~ F'U]ID DEFZCZT
LIABILITIES
Accounts payable
FUND DEFICIT
Fund deficit
Unreserved
Undemignated
Total fund deficit
Total liabllitimm and
fund deficit
$__Lmmm
$_ 2,000
~)
$ 2,000
The accompanying notes are an integral part of these general purpose
financial Itatements.
2
HERITA~ GRZENS COt*4UNITY DEVELOI~NT DISTRICT
ST~~ OF ~Y~NU~, ~XPENDITUT-~ AND CtU~GZS
IN FU~D DEFICIT ' GENERAL FUHD
For the Year Ended September 30, 1996
1
!
1
Contributions from developer in
lieu of assessments
To~al revenues
Current
Physical environment
Operating expenses
Total expenditures
Forgiveness of indebtedness
FUND DEFICIT - October 1, 1995
FUND DEFICIT September 30, 1996
(31,006)
98,184
1
1
The accompanying
financial statements.
no:es are an integral part of :hese general purpose
3
I
I
HERITAGE GREENS CO~JNITY DEVELOPMENT DISTRICT
NOTES TO GENERAL pURPOSE FINANCIAL STATEMENTS
September 30, 1996
SIBO(ARX OF SIGNIFICANT ACCOUNTING POLICIES
The Heritage Greens Cou.',%unity Development District (fo~--merly
known as Dove Pointe Ccu~unity Development District) was
established July 20, 1993, by the Collier County Board of County
Coarnisstoners pursuant to Ordinance 93-39 as amended, and the
pr=visions of Chapter 190, Florida Statutes. The District was
established to provide for the ownership, operation and
maintenance of certain co~.~%unity-wide infrastructure. The
accounting policies of Heritage Greens Cou~unity Development
District confo.-Tawith generally accepted accounting principles
(GAAP) as applicable to governments.
Heritage Greens Development Limited Partnership, is the present
major landowner in the District and is represented by three of
the five members on the Board of Supervisors.
The following is a s~.-xna~f of the more significant policies:
Scope of the District
The criteria used in determining the scope of the entity for
financial reporting purposes is that of management oversight
by the Districts' Board of Supervisors. Ail such activities
are included in the following funds:
Governmental Fund Type
General Fund
The General Fund is established to account for all financial
transactions not properly accounted for in another fund.
Fund~ccounting
The District is organized on the basis of & fund which is
considered & separate accounting entity. The operations of the
fund are accounted for with a separate set of self-balancing
accounts that comprise its assets, liabilities, fund equity,
revenues and expenditures or expenses, as appropriate.
Government resources are allocated to, and accounted for, in
individual funds, based upon the purposes for which they are
to be spent and the means by which spending activities are
controlled.
4
HERITAGE GREENS COf94UNl~ DEVELOPMENT DISTRICT
NOTES TO GENERAL PURPOSE FINANCIAl, STATEM]R~TS
gepte~nber 30, 1996
NOTE i - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Measurement Focus
The General Fund is accounted for on a .spending" or .financial
flow" measurement focus. This means that only current assets
ent liabilities are generally included on the balance
and curt .......... ~ ..-~oo~nated fund balances
(ne= current assets) are considered a measure of available,
spendable or appropriable resources. General Fund operating
statements present increases (revenues and other financing
sources) and decreases (expenditures and other financing uses)
in net current assets.
~asis of Accounting
The General r"und is accounted f~ using the modified apc-'-ual
basis of accounting. Revenues a recognized when they become
measurable and available for use. Expenditures are generally
recognized when the liability is incurred.
Pursuan= =o Florida Statute 190.008, on or before July 15th of
each year, the District's manager is to provide the Board of
Supervisors with a proposed budget. The Board is to consider
=his proposed budget, a~prove i= as presented or modify it if
deemed necessary. The Board is to indicate its approval of the
budget by resolution and provide for public hearing. At the
conclusion of the public hearing, =he Board, by resolution, will
adopt =he finally approved budget. The budget must be adopted
prior to October 1st of each year.
For the year ended September 30, 1996, the Board did not adopt
a budge= in accordance with Florida Statute 190.008.
l
'I
NOTE l' CASa AND INVESTHENTS
Florida Statutes provide that each special district may deposit
its public funds in the Florida State Board of Administration
Local Government Investment Pool or in banks and savings
associations that participate in the Florida Multiple Financial
Institution Collateral Pool. All such deposits are classified
as fully insured. Florida Statutes also provide that Special
Districts may invest in securities limited to obligation3 of
the U.S. Government, Mortgage Backed Securities guaranteed by
the U.S. Government and in mutual funds which invest in only
=he aforementioned securities. All 6eposits during and at the
end of =he year were in compliance with statutes.
5
!
}~RITAG~ GREENS CC4~4UNI~ DEVELOPM~D~T DISTRICT
NOT~g TO GENT~3%L F~RPOSZ FINANCIAL STATEMENTS
September 30, 1996
]6G1
NOTE 2 - CASH ARD INFES~S (Continued)
A= September 30, 1996, the District had cash of $2,000 that was
insured by the FDIC.
NOTE 3 - AGItEEM~2~TS WITH DEVEIX)PER RELATED PARTT TRA/~SACTIONS
In August 1993, the District entered into a funding agreement
with Dove Pointe Develoument Corporation ("DPDC') , the original
developer/landowner. DPDC agreed to fund the operations of the
District from August 2, 1993, through September 30, 1994. Such
a~unts received were to be considered contributions in lieu
of assessz~nts. Since September 7, 1994, DPDC has not provided
any funds resulting in unfunded operating expenditures of
$141,051.
In September 1996, DPDCrelinquished its control of the District
to Heritage Greens Development Limited Partnership ('Heritage
Greens'). Heritage Greens plans to acquire the lands within
the District and complete the plan of development. However,
as of September 30, 1996, a funding agreement for operating
expenditures with Heritage Greens was not in place.
As part of the acquisition plan effectuated by Heritage Greens,
certain vendors agreed to reduce amounts owed them by the
District. Obligations forgiven for services rendered prior to
October 1, 1995, amounted to $98,184 which is reported as "other
financing sources" in the statement of revenues, expenditures
and changes in fund deficit - general fund.
NOT~ 4 - DEFICIT FUND BALANCE
The deficit fund balance exists due to the DPDC ceasing funding
of District operations. The District does not anticipate any
additional funding from DPDC. However, District management
believes that the fund deficit will be eliminated as Heritage
Greens progresses with its development plan.
~ISSE~E~T EVENT
In January 1997, the District issued $6,000,000 in special
assessment bonds. The proceeds of this issuance are to be used
for the construction of improvements consisting of roads,
sto~ter management facilities, sanitary sewage collection
and transm/ssion system, and water distribution system.
Proceeds will also be used to pay issuance costs, to pay
interest during the construction period and to fund the required
Debt Service Reserve.
1,6G1 '
SC O[TZ
CHAIPEL
1
Board of Supervisors
Xeritage Greens Com=unity De,telopment District
Collier County, Florida
We have audited =he general purpose financial statements of Heritage
Greens Coemunity Development District {the ,District"), as of and for
the year ended Sap=ember 30, 1996, and have issued our report thereon
dated March 10, 1997.
We conducted our audit in accordance with generally accepted auditing
standards and Government Auditing S:andards, issued by the Comptroller
General of the United States. Tr~se standards require that we plan and
perform the audi% to obtain reasonable assurance about whether the general
purpose financial statements are free of material misstatement.
The management of the Dis=tic= is responsible for establishing and
In fulfilling this
maintaining an internal control structure.
responsibility, estimatel and Judgments b~. mans. gambit are required to
alsess the expected benefits and relate~ costs o- internal control
s=ructure policiesand procedures. The objectives of an internal control
structure are to provide management with reaso~"hle, but not absolute,
assurance that assets are safeguarded&gains= loss from unauthorizeduse
or disposition, and that transactions are executed in accordance with
management's authorizationandrecordedproperly to permit the preparation
of general purpose financial statements in accordance with generally
accepted accounting principles. Because of inherent limitations in any
internal control structure, errors or irregularities may nevertheless
occur and no= be detected. Also, projection of any evaluation of the
structure to future periods is subject to the risk that procedures may
become inadequate because of changes in conditions or that the
effectiveness of the design and operation of policies and procedures maY
deteriorate.
1
In planning and performing our audit of the general purpose financial
statements of the District for the year ended September 30, 1996, we
obtained anun~erstanding of the internal control structure. With respect
to the internal control structure, we obtained an understanding of the
design of relevant policies and procedures and whether they have been
placed in operation, and we assessed control risk in order to determine
our auditing procedures for the purpose of expressing our opinion on the
general purpose financial statements and not to provide an opinion on
the internal control structure. Accordingly, we do not express such an
opinion.
Our consideration of the internal control structure would not necessarily
disclose all matters in the internal control structure that might be
material weaknesses under standards established by the American Institute
of Certified Public Accountants. A material weakness is a condition in
which the design or operation of one or more of the internal control
structure elements does not reduce to a relatively low level the risk
that errors and irregularities in amounts that would be material in
relation to the general purpose financial statements being audited may
occur and not be detected within a timely period by employees in the
normal course of performing their assigned functions. We noted no matters
involving the internal control structure and its operation that we
consider to be material weaknesses as defined above.
This repot: is intended for the information of the management and Board
of Supe~;isors of the District and the Auditor General of the State of
Florida. However, =his repot: is a matter of public record and its
distribution is not limited.
I
SCHULTZ
Ct-L&IPEL
INDEPEHDENT AUDITORS' REPORT ON C~LIAI~CE
BASED ON A~ AUDIT OF GEKERAL P~OSE FI~L%NCIAL
STATE)~S PEH~O~(ED IN ACCORDANCE WITH
GOV~UZ~2~r AUD/T/NC; STANnARDS
Board o~ Supervisors
Heritage Greene Community Development District
Collier County, Florida
![
We have audited the general purpose financial statements of Heritage
Greene Com:nunity Development District (the 'District"), as of and for
the year ended September 30, 1996 and have issued our report thereon da=ed
Fmrch 10, 1997.
We conducted our audio in accordance with generally accepted auditing
etandarde and Government Auditing Standards, issued by the Comptroller
General of the United States. Those standards require that we plan and
perfoz~nthe audit to obtain reaeor~ble aseurance about whether the general
l;urpoee financial statements are ~ree of material misstatement.
Compliance with 1awl, regulations and contracts, applicable to the
District is the responsibility of the District's management. As part
of obtaining reasonable assurance about whether the general purpose
financial statements are free of materlalmieecatement, we performed tests
of the District's co. llanos with certain previsions of laws, regulations,
and contracts. However, our objective was not to provide an opinion on
overall compliance with such provisions. Accordingly, we do not express
such an o~inion.
The results of our tests disclosed no instances of noncompliance that
are required cobs repot:ed herein under Government Auditing Standards.
I This report is intended for the information of the wmnagement and Board
of Supervisors of the District and the Auditor General of the State of
Florida. However, this report is a matter of public record and its
distribution is no: limited.
· t z / Co.
~$,a,,~t~, 1997
h 10,
Sc UL Z
CHAT[eEL
I
Honorable Board of Directors
Heritage Greens Community Development District
Collier County, Florida
we have audited the general purpose financial statements of the Heritage
Greens Cc~u~ity Development District (the "District") ,whose headquarters
is located in Coral Springs, Florida, as of and for the fiscal year ended
September 30, 1996, and have issued our report thereon dated March 10,
1997.
We have issued our Independent Auditors' Report On Internal Control
Structure and our Independent Auditors' Report On Compliance With Laws
and Regulations both da=ed March 10, 1997. Disclosures in =hose reports,
if any, should be considered in conjunction with this management letter.
We conducted our audi= in accordance with generally accepted auditing
standards, and Government Auditing $~_,~dards issued by the Comp=roller
General of the United States. Additionally, our audit was conducted in
accordance with provisions of Chap=er 10.550, Rules of the Auditor
General, which govern the conduct of local governmental entity audits
performed in the State of Florida and require that certain items be
addrelsed in this letter.
The Rules of the Auditor General (Section 10.5S4 (1) (f)1.) require that
we co~Mnt as to whether or not irregularities reported in the preceding
annual financial audit report have been corrected. This is not applicable
as there is no annual financial audit report for the year ended
September 30, 199S.
The Rules of the Auditor General (Section 10.SS4 (1) (f)2.) require that
we coezment as to whether or not recommmndations made in the preceding
annual financial audit repoz~c have been followed. This is not applicable
as r~here is no annual financial audit repor~ for the year ended
September 30, 1995.
1
10
VI '~ ~,(vs:.M L. still'l:
1941) 930.5333
F~X ~94 I1 93~.46~2
16Gl '"
I
1
As required by the Rules of the Auditor General (Section 10. 554 (1) (f} 3. ) ,
the scope of our audit included a review of the provisions of Section
218.503 (1), Florida Statutes, .Determination of Financial Emergency."
In connection with our audit, we believe that the District is in a state
of financial emergency as a consequence of the conditions described in
Section 215.503(1)(d), Florida Statutes. District management did not
notify the Governor and the Legislative Auditing Committee of this
condition as required by 218.503(2) Florida Statutes.
As required by the Rules of the Auditor General (Section 10.554 (1) (f) 4. ) ,
we determined tbmt the annual financial report of the Heritage Greens
Cc~,~.unity Development District for the fiscal year ended September 30,
1996, was filed with the Department of Banking Finance pursuant to Section
218.32, Florida Statutes, and is in agreement with the annual financial
audit report for the fiscal year ended September 30, 1996.
The Rules of Auditor General (Sections 10.554(1) (f)6.,7.,8.,9.) require
disclosure in the managemen: letter of the following matters if not
already addressed in the auditor's reports on the internal control
structure or compliance: recoex~endations to improve financial management,
accounting procedures, and internal controls; violations of laws, rules,
and regulations which may or may not materially affect the financial
statements; illegal or improper expenditures which may or may not
materially affect the financial statements; improper or inadequate
accounting procedures (e.g., the omission of required disclosures from
the financial statements); failures to properly record financial
transactions; and other inaccuracies, irregularities, shortages, and
defalcations discovered by :he auditor. Our audit disclosed the following
matters required to be disclosed by Rules of Auditor General (Sections
10.554(1) (f) .
pRIOE YEARC(~4KENTSs
Not Applicable
CIr93.ENT YEAR COMM]~TSs
A budget for the general fund was not prepared and approved as required
by 190.008 Florida Statutes.
The Rules of the Auditor General (Section 10.554(1) (f)10.) also require
that the name or official title and legal authority for the primary
government and each component unit of the reporting entity be disclosed
in the management letter, unless disclosed in the notes to the general
purpose financial statements. The Districtwas established by the Collier
County Board of County Commissioners pursuant to Ordinance Number 93-39
as an~nded, and the provisions of Chapter 190, Florida Statutes.
11
166l '
This manageman= le==er is in=ended solely for =he informa=ion of =he Board
of Supervisors of =he Dis=tic=, managemen=, and =he S=a=e of Florida
Office of =he Audi=or General. However, =his repot= is a ma==er of public
record and i=s dis=ribu=ion ie no= limi=ed.
12
16G1 '
MINUTES OF MEETING
HERITAGE OREENS
COMMUNITY DEVELOPMENT DISTRICT
The regular meeting of the Board of Supervisors of the Heritage Greens
Community development Dhrtrict was held Thursday, April 3, 1997 at 10:30 A.M.
in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island,
Florida.
Present and constituting a quorum were:
J~-mee Rzinders
Raymond Harris
Charles F. Bailey
Chairman
Vice Chairman
Assistant Secretary
Al~o present wa~:
Donna Holiday
Recording Secretary (by telephone)
FIRST ORDER OF BU~ Roll Call
Mr. Reinders called the meeting to order at 10:30 A.M.
Ms. Holiday stated I have looked at the agenda and it is my understanding
that you want to recess the meeting until tomorrow morning at 10:30 A.M. Mr. Reinder~ stated that is correct.
Ms. Holiday stated you have called the meeting to order and you also need to
open the public hearing and recess both the public hearing and the meeting to a
time, date and place certain.
[On ~OTION by Mr. Bmley .seconded by Mr. Hams vath
lall in favor the public heanng and the regular meeting[
]were recessed until 10:30 A.M. Friday, April 4, 1997 at[
Ithe offices of Ronto Development, 277 N. CollierI
[Boulevard~ Marco Island; Florida.
Ch .aries F. Bailey /
A~zlztant Secretary /
J~ Reind e~r~'r
Chairman
Thrusday
10;;30 A.M.
e
AGENDA
COM3HuNvrY DEV._ OPMENT DISTRI~
277 N. Collier Boulevard
Marco Island, Florida
Roll Call
Approval ot' the Minutes of the January 23, and January 31, 1997
Meetings
Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and
Consideration or Developer Funding Agreement
Staff Reports
A. Attorney
B. Engineer
Cl. Manager
Supervisor's Requests and Audience Comments
Consideration of Funding Requests I and 2
7. Adjournment ,
Thntsday
10'20 A.M.
AGENDA
HERrrAGE GREEN~
COM~,KJNrI~ DEV~ .OPMENT D~CT
277 N. Collier Boulevard
Marco Island, Florida
16G1
Roll Cai1
Approval of the Minutes of the January 23, and January 31, 1997
Meetings
Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and
Consideration of Developer Funding Agreement
Staff Reports
A. Attorney
B. Engineer
C. Manager
Super~isor's Requests and Audienca Comments
Consideration of Funding Requests 1 and 2
Adjournment
i ~ iII iii II I I I I ~11 ..... 1111 ........ Im I' iii
Port of the Islands
November 26, 1997
Memorandum To:
Clerk o£ the Circuit Court
c/o Timothy J. Gillett'
2671 Airport P,~ad, Court Plaza III
P.O. Box 413016
Naples, Florida 34112-3016
Robert Fernandez
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Naples, Florida 33962
1 661
STAFF
David Black
Hoch, Frcy & Zugman
4875 North Federal Hwy., 4th Floor
Fort Lauderdale, Florida 33308-4610
Thomas L. Barnard
253 Sunrise Cay
Unit 102
Naples, Florida 34114
Tim Stephens
Port or the Islands C.I.D.
12600 Union Road
Naples, Florida 34114
Reference:
Minutes of Meetings held August 21 and October 16, 1997
From: Gary L. Moyer
Manager
Enclosed for your records is a copy of the minutes of meeting held by the Board of
Supervisors of Port of the Islands Community Improvement District as
referenced above.
GLM/pb
10300 I"l",/',t 11th h4ano~ * C.x::~al Sj~,ng$. Flc.',da 33071 · (305) 7:::53 0380 · Fa~,.. (306l 7.55-6701
~ OF ~O
POI~ OF THE ISLANDS
C ONiM-ur~IT~ ~0~ DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands
Community Improvement District was held Thursday, August 21, 1997 at 4:00
P.M. at 260043 TamiAml Trail East, Naples, Florida.
Present and constituting a quorum were:
Thomas L. Barnard
Richard Gatti
Richard Burgeson
Bernard E. Wolsky
Millie I{. Strolun
Chairman
Vice Chairman
Supervisor
Supervisor
Supervisor
Also present were:
John Petty
Darrin Mossing
Tim Stephens
Bruce Anderson
Dr. Ron Benson
Winston Lue
Sonia Durman
Marlene (Sam) Marchand
Marlene Wolsky
Other Residents
District Staff
District Staff
District Staff
Attorney
Hole, Montes & Associates
Port of the Islands Resort & Marina
Division of Forestry
RV Park Owner
Resident
FIRS~ ORDER OF BUSINESS Roll Call
Mr. Barnard called the meeting to order at 4:00 P.M. and stated that the
record will reflect that all Supervisors are present.
~iECO~ ORDER OF BUSINESS Approval of the Minutes of the July 17,
Mr. Bernard stated that each Board member had received a copy of the
minutes of the July 17, 1997 meeting and requested any additions, corrections or
deletions.
There not being any,
On o'n6N bY lr.'?'ol,ky
seconded by Ms. Strohm~
with ail in favor the rmnutes ofthe July 17, 1997
meeting [
were approved.,, ,,
,August 2 l, 1997
THXHD ORDER OF BUSINESS Consideration of Request from Golden
Florida Resorts Regarding Delinquent
Utility B Is
Mr. Petty stated you have before you some correspondence from Golden
Florida Resorts. Mr. Mossing who has been working with Golden Florida Resorts
nine or 10 months on this issue is prepared to walk you through what we have
been doing with them regarding their bill.
Mr. Mossing stated Golden Florida Resorts has a number of water and
sewer utility accounts with the District. On a number of accounts which are
highlighted with this memo to the Board, there are some discrepancies in the
gallons that were billed on a certain number of their accounts which they are
protesting the payment of. Over the past months, I have been working with them
closely to try to determine the basis for the large consumptions that appear to be
out o£ line with the history of each of those accounts. Basically it has come to a
point where we have no answers. Therefore, they have come to the Board to ask
for authorized adjustments to their account. The D/strict has looked at every
avenue as to why the consumptions are out of line but have no answers.
Mr. Barnard asked is there any breakdown of where those occur?
Mr. Mossing responded I believe Mr. Winston Lue has attached my
analysis and also an additional analysis of what he has done.
Mr. Petty stated I think Mr. Mossing has talked about where that actually
equals the existing month's billing which is approximately $8,000 and the
contested portion which is approximately $10,000. The rest o.c the accounts on the
list are not overly delinquent but according to our rules they have to be noticed.
Mr. Mossing stated they are disputing the accounts that are listed on this
memorandum. The billings were at different times and they are separate
accounts. For example, in April of 1996 on the North Hotel, they used I6 times the
average use that they calculated based upon the histories of consumption that we
provided to them. [t is the same meter that is still in use and appears to be
operating normally.
Mr. Petty stated this is a problem that goes back well over a year. Staff has
worked with the Hotel on numerous occasions over these issues. We have found a
fountain on the North side which is overflowing so you have 20 gallons a minute
going through when nobody was there. We have had toilets that were running
continuous when nobody was there. There have been broken water lines which no
one noticed because there was no one at the Hotel or there was a transfer of
2
iiugust 21, 1997
maintenance people. Those are just the occurrences that staff was able to walk
through with the Hotel staff and find. We cannot be on-site all the time so we
cannot tell them when a problem is found. It could be that their staff seasonally
f'~xes it, does not how long it was there and could show a spike in a monthly meter
reading.
What this basically comes down to is that we have done what we feel to be a
due diligence on our part where we have done the water audits, the walk through
and the education process. I would like to say that we have gone above and
beyond. This has gone on for over a year and we feel that we have answered all
questions to the best of our ability. We have checked all meters and found them to
be accurate. We cannot tell the Hotel what they did with the water or where it
went because we are not there. It would be stall's recommendation that the rules
be enforced and that payment be required or the water to be turned off. According
to our rules, the Hotel has the opportunity to corns before the Board and protest
that action which is why they are here. I think the Board should give them the
opportunity to speak their mind and tell you what conditions they think affect
them di fl'erently.
Mr. Gatti asked did I hear you say that the fountain was spilling 20 gallons
a minute?
Mr. Petty responded yes. I had a three quarter inch line filling the fountain
at the North end. This goes back several years. The overflow shut off was not
working.
Mr. Barnard stated I know that on one occasion there was an aberration in
the meter at the marina building. It ran thousands of gallons over in one
particular month. Mr. Stephens, Mr. Daly and I tried to find the problem and we
finally found that water from one of the commercial washing machines was
running down the drain 24 hours a day. We shut that machine off and they fixed
it but those kinds of things occasionally happen. In this particular case, you
would have anticipated that the maintenance staff would have found that problem
rather than Mr. Stephens, Mr. Daly and I having to find it.
Mr. Stephens stated we had one incident at the North Hotel where they had
a two inch line that broke and flooded out the entire bottom floor which they were
aware of.
Mr. Barnard asked do we have any authority to offer some sort of
settlement?
3
~ugus~. 21, 1997
16Gl
Mr. Anderson responded not unless we can demonstrate that there was
some negligence on the District's part.
Mr. Mossing stated we provided the meter reading cards to Golden Florida
Resort which shows the unusual consumption. If at the time those bills would
have been misread, you would have caught that but the meter was still running at
the last meter reading.
Mr. Gatti stated just to put this into perspective, 20 gallons per minute does
not sound like a lot. That is close to 6,000,000 gallons per year.
Mr. Mossing stated these are specific months, not every month. On the
accounts that they are protesting, I believe there were three months on one
account where it was unusually high and on two other accounts, it was just one
month.
~tr. Barnard stated this marina account relates exactly to what I just
explained about the commercial washing machine. What prompted that inquiry
is that they got the first bill and started asking questions. After three months, Mr.
Stephens, Mr. Daly and I assumed that it was leaking at the docks because in the
past we have had underwater leaks. We shut those lines off and when we found
that the meter was still running, we started on a tour of the building, heard water
running and found a commercial washing machine that was running 10 gallons
a minute which nobody picked up on.
Sir. Mossing stated the marina account is the one that had the three
months. I am not saying that, that is the number of months that the washing
machine was operating.
Mr. Gatti asked do you need a motion?
~ir. Barnard responded I think we need to allow them to make a
presentation.
~lr. Gatti stated this has appeared before this Board once before and in the
spirit of cooperations, recognizing that we were not giving up any of our rights,
we said "look, their could be a question either way and even though we feel valid
on our part, we should split the bill and let it go at that'.
Sir. Wolsky stated when ,Als. Marchand brought her problem to us, we
found out that we had sent the bill ~o the wrong place and she was not in a position
to pay. Is that correct?
Mr.
Ms.
l~[archand responded yes.
Wolsky stated so it was our fault that you were not aware of that.
Marchand stated because we jumped on it as soon as we did.
4
~August 21, 1997
Mr. Wolsky stated but in this case I think they were aware.
Mr. Barnard stated Mr. Lue, if you would like to address the Board, we
would be happy to listen.
Sir. Lue stated in regards to the question of the accuracy of the meter
readings that were provided by Mr. Sfossing and l~ir. Daly, there is no question in
our mind that the meter readings are as they say. Our position is that we do not
know that there could not be a jump in the meter reading. I was not aware of the
washing machine running but I do not believe that we could have a washing
machine running for three months without knowing that there was a problem
when we us~ it every day to wash.
Mr. Barnard stated I could not believe it either.
Mr. Lue stated it is just coincidental that all of these out of line readings
occurred in one month. It occurred in April of 1996, not before and not after and I
cannot believe that. The whole Hotel and I appreciate what Mr. Petty is saying
about finding a leak on the North side. However, we have leaks on the South side
and leaks on the North side which balances it out. I do not understand how just
one month can equal 268,000 gallons when the previous 17 months total 283,000
gallons. If we had that type of a leak inside the Hotel building, I think we would
have been flooded. I appreciate the information you are all providing us and
understand why it might be high in some months but the extent of how much we
are out of line just seems astronomical. I agree with Mr. Mossing and have
discussed with him that the meter readings that he provided to us are a
misreading and could certainly be effective in next month's reading. I do not
believe that the meters we have can jump by a factor of 1,000,000.
Sir. Petty stated the meters as specified by A'~VI,VA which we purchase, are
built to the specification that says that as the metcr wears down, should there be
any problem with the gears that are in there, the meter will actually underread.
It cannot overread.
Mr. Bernard asked l~lr. Gatti, is that your experience?
Sir. Gatti responded yes. If anythinl~, meters will have a tendency to
underread.
~ir. Lue stated there is no cause for us to look at it when we are doing in one
month what we are doing for 16 months use. There was a concern to us that, that
could happen. Three of the items that I listed have to do with consumption or
meter readings. The fourth item is on an adjustment for a residential unit
billing. We used to be billed on the South side irrigation meter for one EiRU.
5
There was an adjustment for the first 10 months in 1995 for 100.5 ERC's and one
milli-ndjustment for 99.52 for 10 months which we have filled up at 4,000. How
did we arrive at 100.52 ERC's when the property on the South side is
approximately 13 nc'res? On the estimate that I have seen for commercial or
common areas, we should be using an equivalent of four per acre which would
run you about 52 ERU~s for the South side property. I just want to know wb. at the
mechanics of calculating ERC's are to make sure that we are not being
overcharged.
Mr. Gatti stated that is a different subject. The fountain was leaking 20
gallons per minute for 30 days which is 900,000 gallons. That is where your
problem is.
Ms. Strohm stated that fountain is not even two feet.
Mr. Petty stated one malfunctioning toilet that is running continuously can
use up 140,000 gallons a month. There are 1,440 minutes in a day and whatever
the gallons per minute are, is straightforward math. It is 1,440 times the leakage
times the days in the month.
Mr. Gatti stated so we have established where the problem is.
Mr. Lue stated that would not be true ~'f you only had one toilet leaking in
the facility for April of 1996. We are not arguing every bill where we have a leaky
toilet. We are just arguing one month that had 16 times the average usage. I ran
sure that we have leaky toilets for several minutes, hours or days.
Ms. Strohm asked Mr. Lue and I were not here at that time but I think he is
trying to say that if they addressed all those problems after that one month, then
why the bill was adjusted after that? I doubt that occurred.
Afr. Bernard stated it could have only been one problem.
Mr. Lue stated we still have leaky toilets and breaks in the lines which we
constantly fix. We are not arguing that the overall monthly bill is too high. We
are saying that this one month is very high.
Mr. Gatti stated Mr. Mossing, we are talking about $11,000. That is the
bottom line.
Mr. Petty stated when the Developer was Port of the Islands, Inc. of
California, I worked with that staff for approximately two to three years to work
out all of the leaks that were occurring. At the transfer of property, there was a
large personnel change and we found ourselves going through a redundant
education program with the new management.
Mi. Strohrn asked are you saying that the leaks were still there when the
new management took over?
Mr. Petty responded no. What I am saying is that we educated on the
ability to stop leaks and know what the problems of Port of the Islands were
specifically. We also had to talk to the new management again about how the pool
at the North side was using water all the time and how the bathroom toilets can
get plugged up.
Ms. Strohm asked did you talk to the maintenance people?
Mr. Petty responded I talked with the Accountants, the various Managers
at Port of the Islands and with the maintenance people. Mr. Stephens has done
water audits and walk throughs. It took me about two years working with the
Port of the Islands, Inc. of California to go through all of the problems and
concerns. During that month of transition, you can see where a problem could
happen once. We could come back and alert them as to what is happening and
they could then go back to a normal maintenance. I do not see anything odd in
that one month's reading because of that reason.
Ms. Marchand stated I was not there to be a witness but it is the same
maintenance staff.
Mr. Stephens stated I know Ron was one of your maintenance men.
Mr. Barnard stated but Ron was gone for a long period of time.
Mr. Stephens stated he was gone for awhile but he was there when you had
a two inch line break. I am not exactly sure what month it was but the whole
downstairs was flooded
Nfs. Strohm asked are you talking about 199.5 or recently?
Mr. Stephens responded no, ! do not know exactly the date but it was in
Mr. Gatti stated Mr. Anderson, if we do not find negligence on the part of
the Board, we do not have any authority to do anything. Mr. Anderson stated that is correct.
Mr. Gatti stated then the discussion is pretty well moot. Is it not?
Mr. Barnard responded I do not see that there were spikes. They were
certainly unusual and almost assuredly had to be attributed to leaks which have
been fixed since that time. We know of only one leak because I was personally
involved and it was the case where ,Mr. Lue was not here yet. As Mr. Pctty eluded
to, I think we went through three management companies in the first year. It
started out with Mr. Tony Chang and then there was an interim person and then
a firm out of New Jersey, I can easily see where we are going through with one
team and it might not get translated to the next team.
In the marina building, I have specific knowledge of a major leak and the
reason that we were out looking is because Mr. Stephens came to me and said 'the
Hotel is not paying their bill and they swear it is our problem and something is
wrong with the meter which we have checked'. He and I and Mr. Daly went out
and lit'ted up the co-er and looked at the meter which you could see moving at 10
gallons per minute. We simply said that we are going to walk through this
property until we found the problem which we did find. I do not remember the
name of young lady that I reported to that we had shut it off. I found her in the
lobby and said 'the problem you have been having with the meter at the marina
was a commercial washer in which water was running full force into the washer
and down the drain 24 hours a daf. It is inconceivable that, that could happen
and somebody that is using it every day does not know that but it had an open valve
and the valve was replaced and the meter has been fine since. I would have to
imagine that these things relate to something like that. Not exactly like that but
that some water line broke that was eventually discovered fixed and caused a
problem.
Mr. Lue asked is there any possibility for us to tie that down to the 1996
period?
Mr. Petty stated I think I am talking to you about a history of how leaks can
happen and how maintenance people could be unknowing of those.
Mr. Barnard there was a 30,000 gallon per day leak at the North pool and
Scotty who was our General Manager at the time personally got in there and dug
it up and stopped it. However, I do not remember what time period that was and
whether that relates to this. I do remember that at various times there were
major leaks that had been discovered and eventually fixed.
Ms. Marchand asked if they have 13 accounts, does that mean that they
have 13 meters?
Mr. Stephens responded yes.
Ms. Marchand stated our neighbors read the meters every second day and
when we hear something drip, we turn around and see if it keeps running a;ld if
it keeps running there is something wrong.
Mr. Petty stated we would like the Board to nay that they listened and by
motion allow the process to continue. Our process is that if they do not pay the
8
bill, their water will be turned orr in a certain period of time which is over two or
three days.
Mr. Barnard stated I understand but some of these bills are two years old. I
do not want to say "pay it by tomorrow or we are t~oing to shut the water o/I~.
Mr. Gatti stated I make a motion that on the basis that we do not have the
lelial right to nullify this bill and that we impose a bill by consideration of the fact
that it has been over a one year period. Lets/ire them a reasonable time to pay it,
like six months.
Mr. Petty stated I would ask that we not step on the toes of our rule.
Mr. Barnard stated we probably are.
Mr. Gatti stated even thoulh we are, lets reco/rfize that.
On SIOTION by Mr. Oatti seConded by Sir. Wolsky with[
all in favor the water at Golden Florida Resorts will not[
be turned orr and they will be allowed to pay their[
delincluent bills over a four month period.
FOUIUIt ORDER OF BUSINESS Cooxideration o/
Sir. Barnard stated included in your agenda package is a letter from me co
Dr. Benson which relates to tho property that Mr. Hardy has recently acquired
called the North Entry Parcel. It is basically the property that goes from U.S. 41
back to the parking lot in front of the North Hotel.
Mr. Gatti asked is that. identified in the chart that is attached?
Sir. Barnard asked does that chart show 343 ERC's for the RV Park?
Sir. Gatti responded no, it shows 412 units and 188 ERC's.
Sir. Petty stated Sir. Barnard is referring to the last line that says "Hotel
Front*.
Sir, Oatti asked explain to me the difference between the Assessment
ERC's nnd the Utility ERe's?
Mr. Petty responded the Assessment ERC's are based on the tax that you
receive every year and includes benefits not only from water and sewer but also
from roads. An Equivalent Residential Unit or ERC connection has a slightly
different value to it because of the roads and drainage portion. Utility ERC's are
paid strictly orr of water and sewer/lows.
Mr, Barnard stated this is a problem property that we are not currently
collecting standby fees on. There are three outstanding tax certificates as total
liens and assessments allainst the property of over $600,000. He is trying to come
9
up with a plan to be able to bring thia property back on-line, find a development
scheme that works and put houses in there so that these things get caught up and
paid. He asked me to try to get a definition of the different size and number of
bathrooms in a unit as to the ERC's that are assigned to those. We have that
criteria for hotel rooms and RV lots. A hotel room has .5 ERC's per unit and a RV
lot has .4. He is looking to find a way in which he can maximize the smaller units
and not use up ali of the ERC's. If he chooses to build one bedroom/one bath units,
there might be a reason for those not to be as much as .8 ERC's per unit which
would be for a three bedroom/three bath condo unit.
Fir. Petty stated part of our original engineering master plan and rate
study takes those criteria that we know to exist in Port of the Islands. The ERC's
are broken out according to development. I think we are looking at a property now
that is proposing development that we have not considered. One of the reasons it
was included in your package is to consider allowing the Engineer to assign ERC
values based on the same flow calculations we used for everybody else. We have a
different animal here and to give them an ERC value of a single-family home
would not be appropriate. We do not have a mechanism for stuff to do that without
the Board's consideration so we are asking the Board to authorize the District
Engineer to evaluate the proposed development to show ERC values proportional
to flow and then bring that back to the Board to show impact. Are we are going to
have more or less people paying into the water and sewer system?
Mr. Wolsky responded it is my understanding that we cannot diminish or
increase the number of ERC's.
Mr. Barnard stated this would not change in any way the number of ERC's
that are assigned to the property. It would simply change the way in which they
are spread out over the property. It would still have 154 ERC's.
Fir. Petty stated 135 ERC's are for utility which is what they are discussing
now. I think the reason they are looking for that answer is that they are going to
be building one unit at a time and they are going to be paying off a lien and buying
a meter at the same time. This is information that they really need. You are
correct in that one of the impacts is that the 135 number for utilities is not going to
change. That is one of the things that the Board needs to know. Fir. Gatti asked is that zoned for RV?.
Mr. Barnard responded it has two zonings. The first 30 acres from the
highway back is zoned for conservation. Tho second 20 acres which is the middle
of the curb back is zoned for what is called residential tourist which is hotel, motel
or multi-family. One of the things that we will be doing on this property is going
to the County to try to be able to use the property around the expansion of the
canal.
Mr, Gatt/ asked do you know offhand how this compares to the County
Code?
Mr. Petty responded the ERC's or the flow evaluations are done by the
Engineer according to the standards that they utilize for this area.
Mr. Gatti stated any action that we take cannot contradict County zoning.
Mr. Barnard stated it has to conform with the zoning.
Ms. Marchand asked are we asking to approve water for 388 multi-f~mily
units?
Mr. Barnard responded [ do not know where that number came from.
Mr. Petty stated it is 337.72 units according to the master plan back in 1990.
Of course the property has changed hands. They have a new development plan
and a new animal that we do not have in our master plan considerations. All we
are asking is for the Board to authorize the Engineer to define that new animal
and show impact. Should the Board approve that, that would give the Developer
an idea of what his impact is which he needs to know.
Mr. Gatti stated in other words if I understand this correctly, if we were to
put RV's in that area at a .4 ratio, we could actually put in 337 RV's. Depending
on how it is developed, that number at the end would change in accordance with
how the project was developed and it could be anywhere as low as 135 units.
Mr. Burgeson stated we are asking for approval to go ahead and prepare
the study and bring it back to the Board.
Ms. Marchand asked what is the new animal?
Mr. Barnard responded there is no new animal. If it is determined that
one bedroom/one bath 500 square foot units are going to be built, then that is not
the equivalent of a three bedroom/three bath condo.
A resident asked is there a cost to do this study?
Mr. Petty responded there is a minimal fee for the Engineer's time which
would be covered under our standard agreement with him.
The resident asked why don't we have the Developer pay for that? He is the
one that needs this information.
Mr. Petty responded we need it to comply with our bills. That is a good
question. ! would consider this to be a normal housekeeping issue of the District
that we would need to do for everybody.
11
1 6G1
Augttst 21, 1997
Mr, Barnard stated if this were for just one parcel, we would but once we
set a rule, it would be for any other parcel that may be developed.
Mr. Gatti asked are we talking about something over $1,000 or less than
Dr. Benson responded we can give you a very quick opinion. One of the
standards of the industry for utilities for assessing impact fees or equivalent
units, is what they call fixtur~ counts such as how many sinks, toilets, etc. What
it is equal to is usually done by whichever Utility Board which would be this
Board. We could give you some quick.recommendations of something that could
be however simple or complex as you would like. Obviously I think we could
follow something simple where each bathroom counts as some fraction of an
ERC. That way you can change potentially from 337 RV units to maybe half as
many of something else. I think that is what you are asking for and we can give
you that opinion very qu/cldy.
Mr. Barnard stated nad cheaply.
Mr. Gntti stated if we had a very preliminary idea of the distribution, we
could figure out what we were going to end up with because that is the next
question that is going to be asked.
Mr. Bamard stated I do not think we are at that point yet. We are really
just looking at the property and trying to make sense out of it.
},ir. Burgeson stated that would be the new animal that you are referring
Mr, Petty stated or the new product.
O,n. MOTION' by htr. B~r, geson seconded by Mr. Gatti'i
v, nth all in favor the District Engineer was ~u~orized tol
prepare a study to modify the existing ERC s and roi
brin~ back to the Board at the next meetin[~.
FIFTH ORDER OF BUSINI/:I~ Discussion of Cor:espondenco received
from Marlene M_n_r~"umd
Mr. Bernard stated that letter from Ms. Marchand was included in your
agenda package. We will go through this letter item by item. The water sewer
increase is what it is. We assumed it to be 20% when we did it a year ago.
Ms. Marchand stated it was done in October of 1996. In Petty's response of
Juno 11, 1997 he explained what tho increase was and I went back to my numbers
and the 10% which I was referring to which was approved at the Public Hearing
at that time, was basically an increase in the monthly minimum per ERC's. If
,August 21, 1997
you take the two of them together from what they were previously, you come up
with and increase of 10.9%. If you take the actual usage when you go from
computed usage on both the water and sewer, one was at 19.8% and the other was
at 41.8%.
Mr. Barnard stated I remember 20% as being the number that we
discussed.
Ms. Marchand stated what that is saying is that it should have been
presented to the residents in a slightly different way. The one thing is the 10.9%
increase and people go away thinking that, that is what the increase is but then
based on their usage, they could substantially increase their monthly water and
sewer bills because the usage dollar amounts were substantially higher. We can
put that issue to rest if that is okay with you.
Mr. Barnard stated that is fine. On the lift station failure issue, basically
the lift station failed and Ms. Marchand paid $120 to get it cleaned up. What can
we do for her?
Mr. Petty responded we can tell you what happened. We received a call on a
weekend that there was a problem with the lift station alarm. We had Mr.
Stephens take a look at it and he found an adult diaper, that had blocked up the
impeller on the lift station. Once he pulled the object out, the pump was back in
operation. It turns out that a plumber on site had just cleared that item from a
privat~ sewer and that is what we think came down and plugged the lift station.
Regardless, if something plugs the fir station, we have an alarm light and we
hope that somebody outside will call us and then we come out and repair it. That
is what happened here. There was one pump out of repair at the time so when
this one plugged up, there was no backup. There was a blockage on-site and it
was Mr. Stephens understanding that a plumber was called to clear a private
line.
Mr. Barnard stated however it happened, it plugged up the lift station.
Ms. Marchand stated that is not what happened. The pump was broken
because it was faulty and the sewage backed up into my park. The reason for the
backup was because the pump was not doing its job. At the time the one pump
was out and by the time we were knee deep in you know what in the RV park, we
called the plumber because we thought that we did have a blockage. The blockage
you are talking about was three weeks before and I have the bill for that and we
were told that we should not flush these types of things down. But that was not
what this was. Duke's Plumbing were the only ones who would respond on a late
,Au~nsst 21, 1997
1 6G1 '
Friday night and as soon as he saw what the nature of the backup was, he went
straight from one end of the park to the other down to the lift station and he said
the pump was out. He pushed the pump and it would not start. He tried to get the
pump going for about 20 minutes and he said it was defective. On Ms bill he said
'entire park main sewer is backed up. Found lift station pumps were out. Tried
to get pumps working. Pumps are bad". Two weeks following that, the light on
top of it burned out because we now check regularly to make sure that there are no
problems.
Ms. Strohm asked are we just talking about $1207
Mr. Barnard responded yes.
Ms. Strohm stated I think we should pay Ms. Marchand that amount.
lO.ri. M ..OT. iON by Ms. Strohm seconded by Mr. BurgesonI
w~th all m favor Ms. Marchand will be reimbursed $120]
for a Plumbers bill
for repairing a backup in the RV~
~Park.
!
blr. Barnard stated the next item is fire ants and the District does not
provide fire ant patrol.
Mr. Petty stated that is certaiMy a consideration if you would like to put it in
the Budget.
Mr. Barnard stated at this time it is not in the Budget and is not a service
that we provide. It is up to the individual property owners.
Ms. Marchand stated we were talking about CID rates and Mr. Petty stated
in his letter to me that it is the responsibility of the landscape people.
Mr. Barnard stated he was being overly generous. I do not ever remember
including anything in the Budget for fire ant patrol.
Mr. Petty stated in my response to Ms. Marchand, I told her that we would
be glad to go out there and talk with our Contractor to make sure that he lives up
the contract and sprays anything that is damaging to the plants. We do not have a
fire ant control or eradication program in there. If you are familiar with fire
ants, to eradicate fire ants is a costly job. You are talking about dispersing Amdro
as if it were Diazanon. You just do not go to the mound with your spoonful, you
have to disperse it as you would fertilize. That is currently being tried by the
University of Florida to control the fire ants and we have a test site in Broward
County that has had good results. You can imagine the cost of putting Amdro up
and down the roadways. We can certainly look at that and get proposals but it is
August
not in tho contract. What is in the contract is keeping damage from the existing
plant material by fire ants. We did talk to our Contractor and told him that if he
saw any mounds near any plants causing damage, to destroy them.
Ms. Strohm stated Ms. Marchand is referring to a huge ant hill on Newport
Drive. Did we already address that?
Mr. Barnard responded I assume so. In regards to the issue of the
signage, we have something in the agenda package that we will address further
on in the agenda.
Mr. Gatti stated I would suggest that the individuals that want the signs
put up in the case of the Holiday Inn, that those signs should come before the
Board and that we approve those. They would submit to the Board what they want
to do and then we will look at it and see ifit is appropriate.
Ms. Strohm stated you might want to address it differently because our
situation might be different.
Mr. Barnard stated basically the answer is going to be the same. We will
cooperate with anybody who comes to us with a request. We will look at a drawing
or sketch and if the individual property owners want to get involved in helping the
District by paying part of the cost of changing the signage, we would certainly
consider their input.
Ms. Strohm asked can I go off the record as being a Supervisor and just
being a Hotel Representative?
bir. Barnard responded yes.
Mr. Petty stated you will still be on the record.
bis. Strohm stated just in a different hat. In that letter that I typed for Ms.
Huang, we noticed that the CID owns the sign, I never knew that. I actually
thought that the Uotel owned that sign.
Mr. Barnard stated I think we need to handle Ms. Marchand's problem
first and then we will handle the letter from the Hotel.
bls. Marchand stated in answer to your question where you said 'is that
what Ms. Marchand is referring to', my problem is that although thc sign had
been re-painted, it is useless as no one can see it. I know the rules and
regulations as far as the CID. The reason why I have not done anything with that
sign is that I recognize that it is your property. I am simply appealing to you as
one of the major property owners at Port of the Islands. I think the CID should be
responsive to the fact that some of the signage should be something as simple as
saying 'OPEN TO THE PUBLIC' because people drive right by me and they have
August 21, I~
absolutely no idea that there is an RV park there. As long as there is an RV park
there and I can pay my bills, it helps the District. Because this process can take
so long, I would like to have some minor signage. It is my RV park and I would
like it to look nice and equal to the community.
Mr. Barnard asked will you bring us something in writing that you would
like t~ have u~ put on the gign? We will give you a quick answer. It does not have
to be fancy. Just tell us in writing.
Ms. Marchand responded yes.
Mr. Gatti stated I do not want this to be misinterpreted that we are going to
pay for that sign.
Ms. Marchand stated I am just suggesting that you add something to the
~ign. The print is so ~mall and there is lot~ of room to put things on that sign that
could be done tastefully and would help me in my dilemma.
Mr. Barnard stated bring your request to us and we will respond very
quickly.
Ms. Marchand stated you can skip the mosquito issue.
Mr. Barnard stated on the Gun Club issue, it is the responsibility of the
property owner. We bring our ~ewer lines to the property. Internal distribution
and collection lines are the responsibility of the property owner. We installed
internal distribution and collection lines and then we donated them to the District
and the District maintains them. It would be up to you whether or not you
thought it was more advantageous financially to run a sewer line to the sewer
main. Either way I do not believe it is a District cost. There is no ERC assigned to
the Gun Club.
Ms. Marchand stated they had been paying for the pumping.
Mr. Petty stated that is not correct. What had happened in the past, is in
the early years, we were all helping each other out. If we had a truck out here
pumping out one of' our sewage beds, anybody else was free to use that truck. If
we had to pay for them and he still had room, anybody else could help. The Hotel
used to do the same thing with its propane tanks and its trucks when they were
cleaning out the grease traps. There was never an agreement or policy that said
that we would pay for the Gun Club's septic tank ever.
Ms. Marchand asked are the sewers still being pumped out?
Mr. Petty responded we do not have any room in our trucks at this time and
it is under contract. We can fill up more than one truck at a time these days.
16
eAr, gust 21, 1997
Ms. Marchand asked if it is the CID's responsibility to get sewer to the
property line, why do I have a main sewer running through my 1RV park?
Mr. Barnard responded because when your RV park was developed, that
was the way it was laid out and your sewer system was purchased by the District.
Is that correct?
Mr. Petty responded we are actually looking at that. We have been in there
maintaining it and operating it.
bis. bfarchand asked are you saying that there is a building on the property
that does not have a sewer system and there was no arrangement made for it even
though it is part of the District, i.e. the Gun Club? Mr. Barnard responded yes.
Mr. Petty stated there was an existing facility that was serviced by Septic
that the District allowed within its service area at the time of the creation of the
District.
~ir. Bat'nard stated you have to remember that when the District was
paying for things like that, the District had a shortfall guarantee from the
Developer. We used to have a water and sewer system and your bills were $10 a
month and every month when they added up the bills, they would go out to
California and would send them whatever they needed because we had a
guarantee from the Developer to carry the cost of any overruns and the cost of the
water and sewer system. The Developer had to make sure he had water and
sewer for his hotel and homes and he just picked up the cost. As we began to
mature into a diverse community, we saw that, that could not continue and that is
when we developed the standby fee system whereby only the people who live here
would be paying $500 a month on a ~ingle-family house or maybe more if we only
had the usage cost. We had to develop the standby fees but as far as the District
paying for a pump-out, I would certainly think that as a matter of courtesy, if we
have a truck and there is some room on that truck, I would have no problem with
the pumping-out but I do not think we can guarantee it. As far as running a
sewer line, that would be the responsibility of the property owner.
Ms. Strohm asked could l~fs. ~larchand connect to the sewer line that runs
through her property?
]~fr. Petty responded yes, upon application to the District.
Mr. Barnard stated I do not know where the manhole is that you have to go
to. You might even need to have a lift station. In regards to the issue on the
irrigation water, it does not go to the property. We have the money in the bank to
17
complete that project, about $60,000, and we have simply never chosen to spend
that money.
Ms. Marchand stated the cost is $5.21 per unit for irrigation.
Mr. Petty asked are you talking about monthly minimums?
Ms. Marchand responded yes.
Mr. Petty stated that is correct.
Ms. Marchand stated we are to'lng to make the RV park look good and the
only way we can do that is to make sure that we have water. I think it is c~zy for
us to be using treated water and dumping it into the sewer system when there
would be a possibility of having irrigation. My concern is that at $5.21 a unit, I
have 188 units which amounts to almost $I,000 a month. Until such time as I
develop the park, I have all of this open space that I am paying standby fees for to
the tune of $2,000 plus the assessments. I have not even done any of my
development yet to be able to get irrigation lines within my property.
Mr. Barnard stated I do not see any move to run irrigation water there. It
is about a $60,000 cost to the District. When we do that, the people that benefit
from that would be expected to pay the standby fees. If it is $1,000 a month, that is
still a 60 month payback to the District. It would not be a great investment but at
some time it will be done. We prefer to have it coincide with the need. That has
always been our position.
Ms. Marchand stated I understand it is in the Budget for this next year. I
would ask for you to work with me to be sure that your work and my work would
be simultaneous.
Mr. Barnard stated if at all possible we would certainly do that.
/HXTIIORDEROFBU~ Consideration of Certain Issues
Regarding the Resort & lW, arina
Mr. Barnard stated included in your agenda packages is a letter from Ms.
Bonnia Huang who is the Owner of the Port of the Islands Resort and Marina.
Mr. Petty stated I have responded to her since the agendas were mailed out.
Mr. Barnard stated I think that anything that happens at the Hotel in the
way of making it a better place and making more people come here is a benefit to
the community. Within certain standards, I would think that we would want to
encourage cooperation in every way possible. The sign at the entrance is on
District property. I do not know how that happened but it did. When we were
getting ready to have an auction, the legal descriptions were created by the
Surveyors. Within the parameters of bringing it to us for review and looking at it,
August 21, 1997
1 6Gl
I would not have any problem personally with changing the sign or doing it
differently and whether the gatehousa sign could be incorporated into the same
sign. I think the resort will find the District cooperative.
Ms. Strohrn asked in other words, would we just bring you the plans?
Mr. Barnard responded bring us a proposal on what you want to do. If you
want to tear down the sign that is there, show us what you want to replace it with
and we will look at it.
Ms. Strohm stated Ms. Sonia Durman is here from the Division of Forestry.
The Hotel has donated the usage of the gatehouse to various park's agencies and
effective October is our target date for opening a visitors information center. It
will not be a retail shop. It will just be strictly for the area and they want their
name on the sign. However, this is a not for profit organization and when we
thought it was our sign, we told them that we would take care of the signage. I
recently found out over the last couple of months that it is not the Hotel's sign and
this is where the problem comes in. One of the requests of the Hotel is in the
future, if you ever wanted to lease it back to us, that you sell it to us.
Mr. Bar'nard stated at this point, I believe that the District has a sign
ordinance. We have set up the rules and I think it is appropriate. Even though
the resort is very important to us and we want it to do well and we want to do
everything we can to help it, nonetheless it is a community entrance as much as it
is anything else.
Ms. Strohm asked are you going to leave it with all of the different
community advertisements on it?
Fir. Barnard responded we do not know yet. We are looking to you to come
to us with a proposal.
Ms. Strohm stated we have an idea of what we want to do. Do you think that
we can have our signnge ready by the next meeting?
Fir. Bnrnard responded before you go out and spend a great deal of money
on a Holiday Inn sign, you probably should have a franchise. The sign issue may
be something that you do not want to address right away.
Mr. Petty stated they can look at putting a sign on the building on a
temporary basis should the Board need more time to review your proposal. That
building is yours and signnge has been placed on the building temporarily before.
Mr. Anderson stated I just want to make sure for Ms. Marchand's benefit
and for this discussion that everyone knows that the County has a sign ordinance
that you must comply with and you might be well advised to go to the County
before you bring a proposal to this Board.
Sir. Barns. rd stated some of the questions in here relate to whether or not
permits are required and they are for any sign that you put up.
Sis. Stro '~km stated we know that we have to go to them for permits. We
were not sure if we had to go to the DisWict also.
S~r. Petty stated I explained in my response to Sis. Huang that you need to
check with the County on their ordinance and if you are dealing with District
property you need to come to us with a proposal. If you are buildin~ signs on your
own property, you do not need to come to the District. That is between you and the
County. The District does not control those types of issues on private property.
Mr. Bernard stated as to plans and permits, we do not have the authority to
review and approve plans unless they relate to water and sewer changes. The
Architectural iReview Committee is for residential properties, not for commercial,
although we certainly like to be included and have a chance to look at them but we
do not have the authority to approve them or deny them.
~s, Strohm stated the next issue has to do with construction vehicles.
Sir. Bernard stated if you are going to be doing re-construction, you are
going to have construction vehicles. The only way this community w-ill grow is
with construction vehicles. We have been trying to run them down the old airsWip
wherever we could but in some areas they cannot.
Sir. Petty stated my response basically said to make us aware of the
infrastructure ac~i~dty, If we find a puddle of concrete from one of those trucks we
will talk to them.
Sir. Gatti stated there is another consideration which I have spoke to Dr.
Benson about which is that the roadways are deteriorating and I think we all
recognize that. Each year we better start having each homeowner put $50 into a
reserve fund and start building up for that because I guarantee that is happening.
The Developer now owns a lot of these properties and by implementing that phase
of it now, he pays his proportionate share of that cost for replacing these
roadways. If we wait until the llth hour, those of us that own here are going to
get stuck with replacing our entire roadway system.
Mr. Bernard stated by the way that our assessments are created and
assigned, the Developer picks up a majority of a share of that cost anyway. That is
the way it is. The only way to handle that reserve is through the annual
assessment.
Mr. Oatti stated now is not the proper time but since Ms. Strohm brought it
up, the Engineer's Report talks about the construction entrance, and the truth of
the matter ia that this entire roadway system is failing. Come budget time next
year you ar~ going to hear it again.
Ms. Strolun asked are you saying that the Developer gives a portion of the
money to repair roadways?
Mr. Gatti responded no. Everybody that owns a piece of property pays $67 a
year.
Ms. Strohm asked does the Developer contribute anything to it?
Mr. Gatti responded yes, for every unit that they own. If you own a house,
you pay $67. If they own 20 units, they pay 20 times $67. We have to start
developing that reserve for this roadway system.
Ms. Strohm asked does that money go into an escrow fund that we are not
actually using right now?
Mr. Petty responded we do not have a reserve allocated for roads other than
the $15,000 a year that we put away for repairs and maintenance.
Mr. Barnard stated we do not carry that forward at this time, that may be a
consideration. If it is unspent in a year, we should carry it forward to the next
year. Are there any other comments on the letter? I think we have addressed the
issues to the Hotel and we are generally supportive. I do not think it requires any
action on our part unless you feel it is necessary.
Ms. Strohm stated we want to put a sign on the building.
Mr. Barnard stated you can put a sign on the building. If you need
something more than that, I do not know exactly how you would accomplish it but
come to us with a plan of what you want to do.
Ms. Durman stated there is a sign in front of the gatehouse and originally
we talked about putting your name up there. If we can come up with a plan, we
will bring it to the Board and get it approved. In the meantime, you can still put
any type of sign directly on the building.
Mr. Barnard stated but you must get a sign permit from the County.
Mr. Gatti stated when you typically prepare signs that indicate Federal
parks in green, beige and yellow, if it is in that context, I think it will look good
and will also serve your purpose.
Ms. Durman stated I have some rough sketches. This morning ! was just
drafting something. There are 12 organizations involved and we thought that we
could put each logo at the bottom of the sign. I did all different ones but number
21 '
four might be something that wo could think about later if it was something that
we could live with. We could basically just change the marina name to
Information Center.
Mr. Barnard asked are you talking about using our main entry sign for the
Environmental Center?
Ms. Durman responded yes.
Mr. Barnard stated I do not think that is going to happen. Certainly we
would like to have you here and we want you to get some signage. We will work
with you. I do not think the Hotel is willing to give up their space.
Ms. Strokm stated we thought we could add you on. We already use the
logo.
Ms. Durman stated the wording of Port of the Islands would be the same.
We are really looking forward to this. I think this is going to be good for the
community as a whole. It will take the lead on the ecotourism because this is the
place ~o go.
Mr. Anderson stated there may be some more legality l~s far as the sign
since the location of that sign is owned by another governmental agency.
Everybody should be sure and look for that loophole that might exist.
5'EVENTit ORDER OF BUSINESS Scatr ~rts
There not being any, the next item followed.
Dr. Benson stated what was requested of us a few meetings back was to look
at tho lighting at Port of the Islands and make recommendations for any
additional lighting for the community. We have done that work . I have an
Exhibit. The yellow color dots are tho existing lights. In red are the ones that we
have completed a lighting plan where there were lights at the appropriate spacing
of approximately 300 feet between them. We had an Electrical Engineer look at
this who used to be with FP&L and now is on his own. He has coordinated with
the Lee County Coop who does the lighting out here. We have some plans that we
have given to the District office which shows what we lave done from an electrical
standpoint to install those lights according to the Coop standards. The other
District road that goes to the North up to the Hotel and around to the East, there is
a gravel road out to the Water and Wastewater Plant. There is also lighting along
the road up towards the Hotel. It was approximately the same density of what we
,August 21, 1997
are talking about here. At this time we are not recommending any changes on
the North aide but there will be an additional eight lights on the southern area
would complete the site plan. The Eveningstar Cay area has different types of
lights. It is not the high stream lights, it is the lower lights. There is a separate
system that covers that one portion of the community.
Mr. Gatti stated I know that it varies with each District but the lights that
get installed by the Lee County Coop, in a lot of instances they capitalize it and
then we pay for the lights through our energy costs. Mr. Petty stated it is paid by the monthly bill.
Mr. Gatti stated so there is no capital outlay on these street lights.
Mr. Petty stated that is correct.
Dr. Benson stated adding these eight lights would then complete a uniform
plan for the community.
Mr. Gatti asked listening to what Ms. Marchand is saying on some of these
issues, would it be prudent to put some extra lighting at the entrance to the North
Hotel?
Dr. Ben. son responded when you get to the Hotel property, the question is if
that is the responsibility of tho District to install those lights or if that is the Hotel's
property because the parking area and the road in front of the Hotel is owned by
the District.
Ms. Marchand stated he is talking about the entrance at U.S. 41.
Dr. Benson stated there is lighting already there.
Mr. Barnard stated I think Ms. Marchand is saying that the sign itself is
not properly lit so that it can be read at night. Is that correct?
Ms. Marchand responded the fixtures. It is not the light.
Mr. Petty stated they put a brand new light there.
Ms. Marchand stated we monitor the lights regularly.
Mr. Gatti stated I recommend that we authorize the Lee County Coop to
install the lights.
Dr. Benson stated we have given the District Manager's of'rice the
engineering drawings that are signed.
On MOTION by Mr. Gntti seconded bY Mr. Burgeson[
with all in favor the Lee County Coop was authorized to[
install street lights as recommended by Hole, Montes &[
Associa,tes ori,the plan that they presented.
Dr. Benson stated I have a quick update on your permit. Your permit has
not been issued. The last time we talked about this, the person in charge was on
vacation and he was hoping to have your Wastewater Plant permit issued in
August. He is considering some slight modifications that are in your favor from
an operational standpoint. He intends to issue the clraft permit in September.
Sir. Barnard asked when does that temporary permit expire?
Dr. Benson responded the fact that they are currently reviewing this
application, you are okay. C. l~Larmger
Sir. Petty stated I do not have anything for the Board. Mr. Mossing, do you
have anything to report?
Mr. Mossing responded yes. The Chairman requested the District to
prepare a water audit which we have prepared. We looked at this current Fiscal
Year that we are operating under. Mr. Petty is now handing out that to the
Board.
Mr. Barnard stated for the benefit of the individuals that were not here at
the last meeting, a water audit is basically how much water we are produdng at
the plant and how much we are billing through our meters and how much does
not go down the drain.
Dr. Benson asked did someone give an estimate?
Sir. Barnard responded I believe 20% was the number.
Mr. Petty stated it might be less than 20%. We have one section that uses
potable water for irrigation and it took us a little longer to do this calculation than
we first thought. You are looking at a higher than acceptable level of loss of 31%.
Basically that means that for every 100 gallons we produce at the Water Plant, we
are only being paid for about 70 gallons. We have not had a lot of time to look at
this but we want to start at the Water Plant. We have the two master meters, one
measuring the water coming from the wellfield and one measuring the water
coming from our high service pumps to the customer. That is how we measure
the column marked gallons used or gallons produced. In talking with the
operational staff and Mr. Stephens, those two meters are in conflict. I know that
this shows that we are having unacceptable losses, in looking at the two meters,
depending on which one you pick to evaluate.
Mr. Barnard asked does this mean that we have meters that give incorrect
readings?
Mr. Petty responded at the Water Plant, these are not billable meters, they
are operation meters. Tho good news is that thanks to a suggestion by the Board,
we have uncovered something that needs our immediate attention. We think we
have a lead on it and we will come back to you at next month's meeting with
hopefully the solution.
Ms. Strohm asked did I just hear you say that you have modern day meters
that make an error? Earlier I heard you say that they are infallible.
Mr. Petty responded I did not say they were infallible. I said they could not
read high. I have two meters that are reading differently. They are currently
using the worst case meter which is why this is showing so poorly. We want to
calibrate those meters and get them re-certified so that we know what the actual
percentage difference is.
Mr. Bernard stated these are not meters that have an~thing to do with
anyone's water bill.
EIGHTIt ORDER OF BUSI~ l!;upervisor's Requests and Audience
Comments
Ms. Wolsky stated on many of the unused lots where that black pipe is
coming out, while walking the dog, I noticed that there is a leakage. I do not
know if that adds up to a lot ofgallons or not.
blt. Petty stated it is possible and I do not have any problem with asking
operational crews to go out and check.
Ms. Wolsky stated it is not a heavy leak but some are heavier than others.
We are losing water.
Mr. Oatti stated with the sand that we have out here you could be losing a
lot of water.
bls. Marchand stated the North Entry Landscaping has been quoted at
$18,000 and was bid at $23,000. Why is that?
blt. Petty responded it was approved at $23,000 but the bill was $I7,000.
That is because we bid a lot more trees than what we wanted to use and when the
actual tree counts came in, there was a difference.
Ms. blarchand stated I had talked to Mr. Tom Simmons about it because we
worked together to keep the costs down and they stopped six feet too short. They
were going to go up to the first clump of trees and it is an area that ended up
getting dug up. We are already under budget as you approved $23,000. Do you
think you can use the difference to get them to come and fix it?
o August 21, 1997
Mr. Petty asked ~re you saying that there are some trench marks from the
Contractor?
~{s. Marchand responded yes. The sod stops here and the first set of trees
is about six feet up the length of the Boulevard.
lkir. Petty asked is there some construction damage there?
Ms. Marchand responded if they throw some sod down, it will look great
and make it look finished. It looks as if somebody said %eps, we ran out of sod'.
Mr. Petty stated we can certainly get them to do that.
Ms. 5iarchand stated it needs edging too. It just does not look finished.
Dr. Benson asked is that just one side of the road or both sides?
l~is. Marchand responded it is down the center of the roadway.
A resident stated as I would like to inform whoever is taking care of our
lawn that we have all weed~. We have no grass in the center median. Mr. Barrmrd asked wher~ are we talking about?
The resident responded coming down Newport Drive.
Mr. Stephens stated I talked to Mr. Simmons about that and he said the
reason why that happened is because the sprinkler system there does not work
properly. He said that the heads do not spray right so the regular grass died and
weeds formed.
Mr. Petty stated I think the irrigation system is working fine. We went in
there with Bahia Sod and we all know that there are problems with t]ahia Sod.
They recommend to re-seed over a period of time. ~,Ve tried to meet some drought
resistance out there to keep our irrigation bills as low as possible. I think maybe if
we look nt re-sodding that or re-seeding it as we go into this lnndscaping program
come October I, as we get those monies for renovation, that we look at that
problem. I think we looked at the Bahia Sod to h-ye a life span ofabout four or five
years and we are just about there.
The resident stated right in front of the first zero lot line house, they have
those trees planted there which is now solid crab grass. I do not know if it is the
same guy th,mt takes care of that.
Mr. Petty stated he cuts and maintains what is there. If crab grass is
there, he is going to cut it and edge it.
The resident stated when they cut the grass, the cuttings build up and we
have black streaks all through there.
Mro Petty stated there is a point that we talked about before. In the
landscaping program, you may want to consider that option but that option
,August 21, 1997
carries a cost. If you want to bag it and haul it off, you are going to see that
number for him hauling that off. We tried to get the quality there for the health of
the planes and let them mulch it which is an accepted practice, but you are going
to get those marks.
Ms. Strolun asked do we fertilize?
Mr. Petty responded we have a very specific fertilizer program.
Ms. Marchand stated I am probably going to be doing some bush hogging in
my open areas this fall. The easement along the pipeline needs to be done. It is
really growing up. It is the area behind the Gun Club. Do you want to do that in
conjunction with my program?
Mr. Bar'nard responded I am not even sure we are allowed to do it. It is in a
wetland.
Ms. Marchand stated my understanding is that you have the maintenance
responsibility of i~.
Mr. Petty stated maintenance for a development is one thing but
maintenance of a wetlnnd is n whole new ballgame. I think you are referring to
the outside portion of the berm that is there for maintenance. We are not going to
get n landscaper in there for the other side of the berm. We have to leave that
alone. The maintenance road for maintaining the berm wall itself, we can talk
about.
A resident stated we are talking about beautifying Port of the Islands and I
think wo should call the Caya Road Department and tell them to cut those weeds
all the way up on U.S. 4 I. It looks atrocious.
~ ORDEtl OF BUSINE~ Apla'Ov~ of Invoices
I On-MOTiON by Ms. Strohm seconded by Mr. Burgeson[
with all in favor the invoices for the General Fund dated[
August 21, 1997 in the Amount of $33,575.18 and the[
Water and Sewer Fund dated August 21, 1997 in the[
Amo..up. t of $17 t944.28 w.ere approved. [
P.M.
· Bernard
Chairman
Thursday
Au/x~t 21, 1997
4:00 P.M.
1.
2.
3.
9.
10.
AGENDA
PORT OF THE ISIANDS
CO1HI~fUNn~ IMPRO~ DISTRICT
25000 Tamiami Trail East
Naples, Florida
RoLl Call
Approval of the Minutes of the June 19, 1997 Meeting
Consideration of Request from Golden Florida Resorts
Regardin$ Delinquent Utility Bills
Consideration o~ Request to Modify ERC's
Discussion of Correspondence received from Marlene
Marchand
Consideration ot' Certain Issues Regarding the Resort &
Marino
Stall'Reports
A. Attorney
B. Engineer
C. Manager
Supervisor's Requests and Audience Comments
Approval of Invoices
Adjournment
C~ S~$ FT. ]3GT1
~7~GSs~ NOtiCe Of Re~ttr~ ~
Afft~ f~ ~ ~ ~ ~d ~t~ Deity
~ttt~ ~, lt~t~, ~ t~t t~ Mid
~t ~J~ t~ first ~ttMtJ~ Of t~
f~r ~ t~t ~ ~t N~t~ NJd ~
I~LfS)4~O CN: 08/1&
Tl~n~oy, ~ 21, ~ff7 In fl~ ~ d
~cr4. At h c~c~'lccd~ Iher~ will t~
a rr..a~d tithe K~ and ~cf
, cledlngs Is mode, Including the
Oe/l~/~
Resort & Marina
16G1
August 21, 1997
Board or' Supervisors
Port of the Islands Community
Improvement District
RK: Delinquent Utility Bil~ - Golden Florida Resort
Total Amoum Cla~med in Arrears
Amoum Paid (See attached)
Balance
$1 I,I 19.94
781_58
Breakdown:
North Hotd Emt
Acct. tt 10009002
April 1996
Marina
AccL # ! 0009202
April 1996
May 1996
Sl.413.24
_ I_989 97
Efficiency
South Irrigation
Acct. # 10009402
April 1996
Acct. #10030000
Adjustment
(]an-Oct 1995)
November 1995
$ 4,438.60
Total:
S10,338.36
$ 1.237.77
S 3.403,21
S 732.85
$ 4,886.92
75 61
S10,338.36
25000 Tamiami Trail East · Naples. Florida 34114
Nationwide 1-800,237-4173 · Local (941) 394-3101 · Fax (941) 394-4335
ik~rd ot Supen~,-~
Port of the l~ands Commu~ Improvemerrt District
Page Two
August 2I, 1997
16G1
~ By AtcQtmt'~
North Hotd East, Acct. # I(XX)9(X72
Meter No. 9185672
From November 1995 to April 1997 (ex. 4/96).- 17 months
Total u.~ge '" 285,500 gals
Average pet month ' 16,800 gals.
Amount bi~ed for 4/96 - 268,300 gaJs. (16 times)
Average billing ~ould be:
M'mlmum + usage
'" 35706+ 16.8(i.16+2.13)
' $412.33 vs. $1,239.77 (S$27.44)
Ma, rina - Acct. # 10009202
Meter No 9491169
From February 1996 to April 1997 (ex. 3/96. 4/96. 5/96) - I I months
Total usage "939.400 gals.
Average per momh ' 85,400 gals.
Amount billed for
March 1996 " 307,600 g~ls. (not paid)
April 1996 · 482,900 gals. (not paid)
May 1996 "_.49.2,f~9 gals. (paid)
Total 1,254, ! O0 gals
Average per month
= 428,000 gals. (5 times)
Previous 12 month average billing = S 627.3 i
May 1996 bluing = $2,025. I 8
Amount unpaid "$3,403.21
3. Efficiency - Acct. # I (XX)9402
CNo meter readings available)
From April 1995 to December 1996 (ex. 4/96) - 20 months
Total amount billed
Average per month
Amoum billed for April 1996
$5,337.3 I
266.87
$ 732.85 (2. Ttimes)
1 6Gl
Board otr Sul:~'vi~ors
Port of the ldands Convnurthy Improvement District
August 21. 1997
Page Three
4. South Irrigation - Acct. #10030000 ·
Adjustments 100.52 ERU's vs. 1.0 ERU
10 months (J'anuaxy - Octob~ 1995)
99.52 x 4.46 x 10 m :$4.438.60
Bo
November 1995
100.52 x 4.46 -- 448_32
Total: $,4,886.92
Question:
How is ERU de~ermined for irrigation. Chart shows 4/acre for corru'nercial or
common areas. South hotel property approximately 13 acres ERU should be
52 not 100.52.
Amount~ paid:
Acct. #10008902
Acct. #10017100
Acct. #10020101
Acct #10021001
Total.
:$734,29 - Paid 12/16/96 - Ck//4887
$ 16.73 - Paid 5ti0/96 - Ck ~t4246
S 4.46 - Paid5/10/96 - Ck #.4246
~ - Paid 12/16/96 - Ck #4887
S781.58
North Hotel Middle
BiIlln~-I 1 / 15/96
Total Due
I0009(X72
North Hotel East
Billing-4/8/96
Ove~ayment-4 / 17/97
Total Due
SI,Z39.77 ""
(S~.14)
S!,143.63 ]
1OOO92O2
Marina
Billing-S/10/96
Billing-4 / $ / 96
Over~a~'~ent-3/21/96
Total Due
s1,~9.97 v/
$I,413.24 v/'
$3,403.16 j
1O009202
Villas
Billing-5/5/9~
Billing-6/6/9$
pay. ck. lr2827,8/24/95
Total
$1,017.12
$1,039.16
(SI,989.41)
1O0O94O2
Ef£~ciencies
Billing.4/8/96
Underpayment-4/17/97
OveTa?nent-I/31/96
Total DU~
$732.85
$96.14
(SO, 10)
$828.89
10017100 Lot 64 Phase II
Di!lin~-4/8/96 $16.73
Tolal Dwe $16.73
10020001 Chk:kee Hut
, Dillln~ 9/7/95
[ Total Due $8.89 ]
10020101 Tennis Courts
Billing;-4/8/96 $4.46
[ Total DUe $4.46 ]
10021001 Hotel Pool
Billin~- 11 / 15/96 $26.10
[ Total Due $26.10
10030000 Hotel Lrrigation
Adju~trmmt- 11 / 13/95 $4,438.60
Billln~ -11 / 13/95 $448.32
L Total Due $4,886.92
1
I
4 '>-'{ C.
~:. [ TOT^L, s~i,ng.94 ]
Oefir'~luint List
~CCt,I Nam,e Amount Due I
10017100 Golden Rortda Resorts $35.55
10020001 Golden Florida Resorts $14. I 0
10OO9502 Golden Florida Resorts $983.51
10009402 Goldma Florida Resorts $974.44
10009302 Golden Florida Resorts $1,886.51
10009202 Golden Florida Resorts $3,921,85
10009101 Golden Florida Resorts $38.63
10009002 Golden Florida Resorts $1,752.69
10008902 GokJen Florida Resorts $1,743.36
10008802 Golden I:l~ida Resorts $1,370.22
10031001 Golden Rork:la Resorts $219.76
10030000 Golden Rortda Resorts S5,410.63
10021001 Golden Rorida Resorts 169.72
[TOtals S 18~418.97 J
9990032001 Anchor Builders
$495.56
[Totals $495.56
10005802 Port of Islands Construction $113.10
9990077001 Port of Islands Conltrucfion $15.06
9990078001 Pon Of Islam:is Construction $15.06
9990079001 Port Of Islands Construction $15.06
99gO080OO 1 Port of Islands Construction $15.06
9990081001 Pon et Islands Construction $15.06
9990082001 Port ot Islands Construction $15.06
9990083001 Pon ot Islands Construction $15.06
999008400 ! Port of Islands Construction $15.06
[Totals $233.58 J
ggg0014002 Leone, Barbara/John $12.34
9990016001 Sunset Harbor Club Sl 1.49
10008104 Byers. Doug $S8.82
10011102 Payne. John W. $80.66
9990038002 Genung, Robect $6006
9990049002 Emerson, Robert $59.27
9990067002 Denlang, Donna $61.95
[Totals $344.59
[Total Oehnq,Jent Accou,~ts S 19,492.70
10017100
10020001
10009502
10009402
10009302
10009202
10009101
10009002
1CX)08902
10008802
10031001
1 OO30O0O
10021001
Port of the Islands C,I.D.
Delinquent List
Golden Florida
Golden Florida
Golden Florlda
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Golden Iqorfda
Golden Florida
G~den Rorlda
Golden Florida
Golden Florida
Resoles
Resorts
Resorts
Resorts
Resorts
Resorts
Resorts
Resorts
Re$o~$
Resorts
Resorts
Resorts
Resorts
Amount Due ]
$35.55
$14.10
$983.51
$974.44
$1,886.51
$3,921.85
$36.63
~1,752.69
$1,743.36
Sl,370.22
$219.76
$5,410.63
$69.72
[Totals
118r418.971
9990032001
TOt31S
Anchor 8uflders
$495.56
$495.561
10005802
9990077001
9990078001
9990079001
9990080001
9990081001
9990082001
9990083001
9990084001
Port of Islands
Port of Islands
Port of Islands
Port of Islands
Port of Islands
Port of Islands
Port ot Islands
Por~ of Islands
Port ol Islands
Construction
Construction
Construction
Construction
Conatrucfion
Conatn~ctJon
Con$~n~¢~ion
Construction
ConstFuction
Il'orals
9990014002
9990016001
10008104
10011102
9990038002
9990049002
999O0670O2
Leone, Barbara/John
Sunset Harbor Club
Byers, Doug
Payne, John W.
Genung, Robert
Emerson, Robert
Oe~lang, Donna
Totals
[Total Delinquent Accounts
$113.10
$15.06
$15.06
$15.06
$15,06
$15.06
$15.06
$15.06
$15.06
$233.58J
$12.34
$11.49
$58.82
S80.66
$60.06
s5g.27
$61.95
$344.59J
s19.492.701
Port of the Islands C.l.O.
Delinquent List
Acct. I Name
Amount Due ]
1 OD 171 OD Golden Florida Resorts
10020001 Golden Florida Resorts
10OO9502 Golden Florida Resorts
10009402 Golden Florida Resorts
10OO9302 Golden Florida Resorts
10009202 Golden Florida Resorts
10OO9101 Golden Florida Resorts
10OO9002 Golden Rodda Resorts
10008902 Golden Florida Resorts
10008802 Golden Florida Resorts
10031001 Golden Florida Resorts
10030000 Golden Florida Resorts
10021001 Golden Florida Resorts
$35.55
$14.10
$983.51
~974.44
$1,886.51
$3,921,85
$36.63
$1,752.69
$1,743.36
$1,370.22
$219.76
$5,410.63
$69.72
[Totals
$18r418.97 J
9990032001 Anchor Builders
$495.56
[Totals
$495.56]
10OO5802 Port of Islands
9990077001 Port of Islands
999007600 t Port of Islands
9990079001 Port of Islands
9990080001 Por~ o! Islands
9990081001 Port of Islands
9990082001 Port of Islands
9990083001 Pon of Islands
9990084001 Port of Islands
Construction
Construction
Conso'ucflon
Construction
Construction
Construction
Construction
Construction
Construction
$113.10
$15.06
$15.06
$15.06
$15.06
$15.06
$15.06
$15.06
$15.06
$233.58
9990014002
9990016001
10008104
10011102
9990038002
9990049002
9990067002
Leone, Barbara/John
Sunset Harbor Club
Dyers, Doug
Payneo John W.
Genung, Rober~
Emerson, Robert
Denlang, Donna
$12.34
$11.49
$58.82
S80.66
$60.06
$59.27
$61.95
Totals
$344.591
[Total Delinquent ACcounts $19,492.70
10017100
10020001
10009502
10009402
10009302
10009202
10009101
10009002
10008g02
10008802
10031001
10030000
10021001
Port of the Islands C.I,D.
Delir~p~ent
Name
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Golden Flodda
Golden Florida
Golden Flodda
Golden Florida
Golden Florida
Golden Florida
Golden Florida
Resorts
Resorts
Resorts
Resorts
Resorts
Resorts
Resort~
Rllot-tl
Resorts
Resorts
~e~s
Reso~s
$35.55
$14.10
$983.51
$974.44
$1,886.51
$3,921.85
$36.63
~1,752,69
$1,743.36
$1,370.22
$219.76
$5,410.63
$69.72
16G1 '
ITotals
$18~418.97 I
9990032001
ITotals
Anchor Builders
$495.56
S495.56J
10005802
9990077001
9990078001
9990079001
9990080001
99900810O1
9990082001
9990083001
9990084001
Port of Islands
Por~ of Islands
Port of Islands
Port of Islands
Porl of Islands
Por~ ot Islands
Port of Islands
Port of Islands
Port ot Islands
ConltrUction
Construction
Construction
Construcdon
ConJttuc~ion
Co¢~,ltruCtion
Construction
Construction
C on:~ tructton
ITotals
9990014002
10008104
10011102
9990038002
9990049002
9990087002
Leone. Barbara/John
Sunset HarbOr Club
Byers. Doug
Payne, John W.
Genung, Robert
Emerson, Robert
Oenlang, Donna
[Totall
~T0tal Det~nr~uqnt, Accounts
~113.10
$15.06
$15.08
$16.06
t15.06
$15.06
$15.06
$15.06
$15.06
1233,58
~12.34
111.49
$58.82
180.68
$60.06
$59.27
t61.95
$344.59
$1~492.70
Port of the Is/ands C.I.D.
Dellncluent List
IiAcc~.t Name
Amount Due I
100171 O0 Golden Florida Resorts
10020001 Golden Florida Resorts
10009502 Golden Florida Resorts
10009402 Golden Florida Resorts
1000<3302 Golden Florida Resorts
10009202 Golden Florida Resorts
10009101 Golden Florida Resorts
10009002 Golden Florida Resorts
1(XX~8gO2 Golden Florida Resorts
10008802 Golden Rorlda Resorts
100310131 Golden Florida Resorts
10030OOO Golden Rorida Resorts
10021001 Golden Florida Resorts
$35.55
$14.10
$983.51
$974.44
$1,886.51
$3,921.85
$36.63
$1,752.69
$1,743,36
$1,370.22
$219.76
$5,410.63
$69.72
ITotal$
$18~418.97j
9990032001 Anchor Builders
$495.56
~ro~all
~495.56]
10005802 Pon of Islands
9990077001 Port of Islands
9990078001 Port of Islands
9990079001 Port of Islands
9990080001 Port of Islands
9990081001 Port of Islands
9990082001 Port o! Islandl
9990083001 Port Of Islands
9990084001 Port of Islands
lrotals
Construction
Construction
Construction
Construction
Construction
Construction
Construction
Consb'ucdon
Construction
113.10
S15.06
$15,06
$15.06
$15.06
$15.06
$15.06
$15.06
S15.06
$233.58
9990014002
9990016001
10008104
10011102
9990038002
9990049002
9990067002
~l'otals
Leone, 8arbaralJohn
Sunset Harbor Club
Byers. Doug
Payne, John W.
Genung. Robert
Emerson, Robert
Denlang, Donna
$12.34
$11.49
$58.82
$80.66
$60.06
$59,27
$61.95
$344.59J
~Total Delinquent Accounts $: 9~492.70 ]
IA cct. 1
10017100
10020001
10009502
10009402
10009302
10009202
10009101
10009O02
10008902
10008802
10031001
10O3OOOO
10021001
Name
Delinqverrt UU
Golden Florida Resort~
Golden Florida Resorts
Golden Florida Resort~
Golden Florida Re~ort~
Golden Florida Resorts
Golden Iqortda Resorts
Golden Florida Resorts
Golde~ Florkla Ruc)~
Golden Florlda Resorts
Golden Florlda Re~ons
Golden Florida Resorts
Golden Florida Resorts
Golden Florida Resorts
Amount Due J
$35.55
$14.10
$983.51
$974.44
$1,886.51
$3,921.85
$36.63
$1,752.69
$1,743.36
$1,370.22
$219.76
$5,410.63
$69.72
~otals
$18~418.97 j
9990032001
Totals
Anchor Builders
$495.56
$495.56 j
10005802
9990077001
9990078001
9990079O01
9990080001
9990081OO1
9990082001
99900830O1
9990084001
Port o! Islands
Port of Islands
Pon of I~Jands
Port of Islands
Port of Illandl
Port of Islands
Port of Islands
Port of Islands
Port of Islands
Construction
Consb'ucdon
Construction
Constru~ion
Construcllon
Conumcflon
Construction
$113.10
$15.06
$15.06
$15.06
S 15.06
$15.06
$15.06
$15.06
$15.06
9990014002
9990016001
10008104
10011102
9990038002
9990049002
99900670O2
Leone, Barbara/John
Sunset Harbor Club
Byers, Doug
Payne, John W.
Genung, Robert
Emerson, Rober~
Denlang, Donna
$233.58
$12.34
$11.49
$58.82
$80.66
$60.06
$59.27
t61.95
Jrotals
$344.59
$19r492.70
[Total Delinquent Account ,I
Memorandum
To:. Gary Moytr
Rhonda Ardm'
From: /ohn
RE: P~ ~ ~ I~ ~~t ~ Uflll~
Pl~as~ Prod enclosed a request from Tom ~ for ~ ~J~t m c~ ~i~ ERCs ~
~ ~ p~n ~ ~mal ~Cs ~ ~ am ~w ~ng comtreX. ! s~ wi~ Tom a~
~~~ ~t ~ ~ pr~ ~ an a~ I~ at ~ ~t ~rd M~ng. We would
~ au~m~ f~ ~ ~ ~ ~np ~ ~ to ~ ~ls~g list ~ ~t~fi~ for ufiliW
~. ~ a~~t E~ fofl~ wl~ ~ ~ ~ w~ ~ c~t ~ c~n~ in to~l
A~ you cart see, the ~ i$ add~ to Rott Bertson. I recommended to Rcm that he not address
the letter until he receives Board direction.
U you have any que~bom regarding these items, please do not hesitate to contact me.
16 1
PORT OF THE ISLANDS REALTY, INC
DATE: '//25/97 //~
RE: 'North Entry p~¢//i ER.C's
Bob Hardy and I have ac~ted tide to lhe alx)ve parcel subject to scver'aJ liens and
~, h'~u~ thre~ years of tax ceniticates and an S~0,000 ~ £ec,
which will ~ at I2,500.00 per mor~.h. Heedless to say, development will present
~ o~:v~%cleS, however from the ~ sltndpoim it is imwa"ative that we ge~ this
propcl~ up zod going 1o that il cxn fmxl ~ sh~rc oftbe utilhy costs. Should wc bc
~1 ~ t]~ prop~ So to a tax s,fle, the Districfs lien would b~ climin,ued.
Currcat~ there ere 1M l~,,C's essi~ to fl~e ~ We n~ed to know what
typ~ of' ur~ will work wifl'in the di,v, rk't Suiddin~s for ERC's p~ unh typ~. Our goal
will be to coa~ up wi'th · pb, n that ~ district c,m ipprovc which would l~v¢ the
!, :500 ~. t~, 1 i~droom, I Bath unis it .:5 £R.C'sAmh.
2. ?~0 ~. · 1 Bedroom. 1.5 B,ub units zt .75 ER.Cs/un.it
3. 1000 sq, lt. 2 Bedroom. :2 Bah units ~t I ERChmit
let me know if this type ofpta.n would ~ district.guidelines.
cc: Bob
cc: John
==_>
~-7-x>tx:~=>>
of the
R.V.
Tbs followins is · list of l~euas ~ich ~ t~ l)istrict ~ · ,,bole.
to sddrs&s th~ dm, it-4 KY I~s),
l'irst of &Il. it ~ vTry disd4~x)intirts that the Februmr7 mcinf ~
&tt~. Y~ ~ Z sl~ ottO. ~ ~% ~r lo for ~ to ~11 his t~
~y of t~ mtiM to ~fi~ it's ~i~. ~r, I m ~ ~ ~s ~t
~t ell ~ ~t~t~l stt~4;, tb ~lm of ~i~ I m ple~ to ~ ts
~ti~ to l~l. to ~ ~ll~ him for ~ft~ti~. I ~ ~re ~ ~
ft~ · m~ ,fft~t~t ~ to ~lvl~ this.
Tho otlxr r~on for s~ disa,-~otntn~nt wa~ that I ~ & flumtmr of thin~
to disc~ ~,~lctm hnv~ uu~ ~uns mt&tt~x$~l for another -hole mmth. So. I will
ovtil~ ~ h~tt to Sst & hud st~t on the next nasttn{.
TM Jlolrlr~ for tho incze4J4s v~j Ocr~)er 24th.. ~ ~t ~r ~ bill~
at t~ hl~ ~te. PI~ ~fl~ t~ ~t mltiplier f~ t~ ~ rates.
~ t~ ~ minim. At th ~ it ~ ~i~ t~t tM i~~
~t~ to ~imttly 1~; ~r, I m ~i~ bill~ I 2~ in~ for
~t~ ~, a 4~ in~e~ for
r. ere l'rl~a~ &fterno0n ~ ~~ 7th., In ~ ~ with
ni~. ~t ~r n 1otal fall,s at ~ lif~ mtatl~ at t~
'lint stuff" (n~t Jl~ll~d ttmt ~7 ~f:). Once
~uce t~ bill to ~ly S1~.~, ~1~ I ~d, ~
fr~ t~ Oistrict. ~ bill ~11 M roiled s~ra~ly for ~t.
t~ ~k
into t~
TI~ firs ant izr~bl~ Is ~ ~zl~t'; I~C~t,~R.T add, sued
r~ibl, for t~ District's r~. ~ h/tls
Drt~ t~t t~y ~e al~c di~lact~ ~a. P]~, sl~ t~ ~le~d up
to t~ ~th ~t,l, ~ t~ R.V. P~rk, t~y let t~ tr~h, ~ ~s ~ild
up ~il t~ ~f~e t~ CID ~etinl. ~ t~y ~tially cl,~
later ~. ~t ~ ~ ~ to i~o~ this ~c~t~ln sit~ti~ ??
lo far. I hav~ r~rp~ct~d th~ etsM.s of
t~ t~t is ~t t~ ~ fifth o~t ~rty ~ts. ~t,
live ~t~r ~ ~th t~ ~isti~
to ~ re~o, with ~ ~ t~ ~'3 i~t
lq~ ou~ Club ~ no s~er hook-up. Rgsa I~o~ard. ~o m on t~ ~ of
~i~ f~ a ~r of ~rs. ~i*~ t~t t~ ~ard ~ci~ to ~le
t~ ~ Cl~'s s~r ~ir~ts ~ a ~ldi~ c~ ~ n tila ~. vzrsu~
t~ rn~lar ~i~ to t~ s~r ~ten. It m furt~r ~,~ t~t ~
g~r~ for ~i~ ~t of t~ s~t~n ~ld ~ t~ district's.
! M new told, b~caus, tl~ Club has rtq~ir~d 2 ~i~ts -ithin a s~rc
~ri~, t~t t~ Dlstrl~ is r~n,g~ ~ i~s ~it~t ~e it ~ld ~
~mnsive. ~ S~.~ bill -~ ~ent ~ ~lwa~ to t~ District, ~t so~
refund it ~ Jent it to ~. ~hich I ~id ~ c~ct reta~rog~nt.
1.6 1
~ s~m to hs~ · covple Of options here. Tbs ~ Cl~ s~ld ~
~ld ~ pl~ to ~ ~ ~1~ ~ ~ ~ min~ ~r~.
~tzl~ t~t · ~tlm ~ld ~ ~tl~ to t~ District. ~
~iZin~ t~t m t~ S~t~ is f~ctfmiM ~rly. ~ly ihf~q~nt
t~ .i~tl~ ~, ~ {~ ~ i~ Otmtrl~t ~tt~ with the
area has no lrrigatl~,m w~tex limes, It la carteinly mot in ~ hest
trrier~ats, cost wi~e, to vas pot~bls w~ter a~l tberefors, also pay
met is it to the district's to have tmtad rater beirkg used.
told it is the District's rsap~lbiltty to provide irrigation. I~t's
discva· ~n, ars{ ~ thee viii happen.
As ~ ~a~ see. froa all the &~ve, ! alw~es ha~ th· best interests of
tl~ 'C~mmity a~ · uhols' ·t heart. I sincerely l)elleve t~at Port of the
Ial~,~is c~li he · premier ~ammity, far s~rrpa~ing others, b~t wb~n ~n¢ sees
fire aats mot ~m~r Control, sloppy lam a~l roag main~emanca on oistrlct
gro,~m~, ~osqulZo~ out of o0r~zrol, etc., ...... it is pretty har~ to expect
pots·rial new ho~e o~rs to troy, ~ investors to invest.
l~t's make amu~ ~a dis~s these ismve$ w~ll tn advance of the seetinf.
lax)Icing forward to ~ repli~s.
Sincerely.
?elephon ( 1oc 1 ) & Fs.x 941-6411-5343
Port of the Islands
Pa, t d ~e bland~
12425 Um~ Road
i~ ~ 3411 ~-9626
SentVlaFc:x::wrde: 941~42-5343
~ c~ ~:mS:~vtzaes a~ th~ Ju~e Me~ otong wtth tf~s IM'lc~ r~ Unffi ttmn, let me ~n ro
· 11~ ck~ d rae,
. Ti~ ,:ha. ion et an ~'~',,c~ ol 10%
· 11~ ~ ram t~, tt~ ILV Park
The ra~m fa' ~e R.V. Pa'k are as f~
· P~al:~ Wc:,m.
· Mo,,.,e~/Ve~ Pc,' ERC S5..53
· C,:~ p~, ~ ~ o/~,H Usog~ $1.39
iWam~
$8.08
$3.02
103(X)KW. lll~ Mex~ * Coml~~3,,qO71 · (305)_/53-0380 · Fmz(305)7~6701
1998.
I hope If~ ~ m m:~res~ ~ e:aeem'ns ard mgges~ons .and look fo~,~rd to a cc~gSnued
1
6Gl
Resort & Marina
l~t of tt~ tslands ~ tmp~v~:nt Dtst~c~
10300 N.W, ! Ie Manor
C.o~al ~ ~ 33Ov!
25000 Tamiami Trail East - Naples. Florida 34114
Nationwide 1-800-237-4173 · Local (941) 394-3101 · Fax (941) 394-4335
.rob rm7
~ er Ib~ l.dmds Cemmeoiry lmpr~.n:menr
Plgc 2
Ibc7 ctn p d:z~ doing tbLt I~afe now.. da:se pa,-ks agtmc~ arc a Not for Profit t,/pe agencics and costs
nmst be a oomi6n'att~ ~ ~ M a ~
i~ANS & p'I:RMTTS: We wtll submtt all a.-~t4:ct,.tml __,~__gxa and ptans regxrdiflg tl~c ~ of o~tr
~ f~ilitJ~ which tnclud~ rcoov'~Jo~ to root~ k:d~y area. rc~r.~-aflt, pool ~ and all gx, oq~Ls
laodscs~f, to the Collier County Pkmatng 13~d for the necessary pcrrr~tt Arc we also rec~r~ to s~bmit
Th~ ~,ou h adva, fl,ce for your ti~ aod ,8m~ttjoo ~M ~ ~ ~ Wc look forw'atd to yom'
imm,cd,J,~e ~
Pon o( I~: I~land~ H~cl Rc~rt & Marina
or' P...~a~ria~, Po~ ~tbe ~ ~cl ~ & M,trtua
' Islands . ,
15, lq97
Port of the Idands Resort & Marina
25000 T~ Tr~ East
Naples, Florida 3,4114
Thank you for betngtng you~ concerns and questions to us tn ~ch o tl~y fa~n. ~ isles
r~ ~ ~ ~ of ~ 17, J ~7 ~I1 ~ f~ard~ to ~ ~ord of ~p~vl~rs for t~ir
con~at~n at t~ Au~st 21, 1997 meeting along with this respond. You or your
r~l~ ~nce ~ t~ ~tt~ ~ ~ ~p~uL
Your questions regarding signage for the North Hotel on District property is currently not
allowed wtthaut a l:>ermit, Any proposed slgnage to be placed on District property must be
approved by fhe E<x~rd of Supen4sors. As you ore aware, the existing sign was placed by the
Dlsfrict as an Informational sign foe the Hote~ and RV Park. Any proposed mocliflcaflons or
replacements shcx~d be coordinated wtfh Ihe RV Park property and brought to the Dtstrid for
consideratmn.
~ stgnoge for the south Hold oppec~s to be planned for placement on private prope~h/and
therefor not subtect lo the District's rules concerning slgnoge placed on District property. As to
what the county rnczy need. if may be advisable to speak directly v,4th that agency.
Existing construction traffic is being rnonit~ed fo~ damage to District roads and rights of way.
Any dome>Des ore to be assessed to the developer of the construction proiect. You mcry advise
the District of construction status by simply calling our field offices on-site or contacting me
Congratulations on your good woek with the park agencies Involved in our area. The District
ugh in front d the 'gatehouse' ws subted to and controlled by ~he Distnct Board of Supervisors.
The District has not considered leasing or selling this facility to o private party to date. If you
10300 N.W. 1 lib Manor * Conll Sl~tng$. Flodda 33071 · {305) 753-0380 · Fax: (305) 755-6701
1661
orrl~,e at a specific request or need, please contact me and we will ~lng It to the Board of
,Sw~"~'s attentton for com~leratlon.
The remodeling and expansion plans ~or the Hotel must be reviewed by lhe District in order
for you to molnfc~n your current monthly minimum F. RCs bi~ing rote. After review of your plans
we will be able to inform you of any Increases to the monthly minimum EEC billing rate. The
District will also review the drainage plan for compliance to the District's system and any
Thank you ogatn for yo~ I:xomp! attention to the I~strlct's responsibilities and considerotion of
your concerns. If you have any questions concerning these matters, please do not hesitate to
contoct me.
John Petty
District Repeesentatrve
Dc~nn Mossing
Ron Benson
Port of the Islands C.hD.
Water Audit
10/96 thru 6/97
Moth
Gallona 6~11¢d
Variance
October
November
December
January
FebruAry
March
May
June
1,868,268
2,411,627
2,507,665
2,660,960
2,522,540
2,600,790
2,042,390
2,339,500
2,142,198
3,091,000
3,168,000
3,483,000
3,726,000
3,569,000
3,687,000
3,354,000
3,476,000
3,354,000
(1,222,732)
(756,373!
I975,335}
(1,065,040)
(1,046,460)
(1,086,210}
(1,311,610!
I1,136,500)
ll,211 °602)
-39.56%
-23.88%
-28.00%
-28.58%
-29.32%
-29.46%
-39.11%
-32.70%
-36.13%
: 9,eoa,9oo
19r812f0621
-31.75°~
' ° 1 6131
Port of the Islands
Community Improvement Dlstrtct
General Fund
~ Sheet
F~ lt~e Pmbd ~ July 31, 1997
Cash
Due from Woter & Sewer
Investment - State
Desx.~
S3,6~.82
S6~.524.77
S168.9~.10
S2C~0.~
Due to Wotef & Sewer
Fund ~e. ~ 1996
Cu~ent Change h Fund ~e
S 193.~]6.69
S48.639,00
$242,334.69
-I-
Port of the Islands
Community improvement District
Fox T'ne Pe~)d E~lr~ ~ 3 I, Ic~7
Budget, 11wu 7/31/97
ThnJ 7/31/9'7 Va~c3n~®
I sz,-9~2s sl~9,~; $t9~.80a.s7
[ S239,22~ $:27~2.a24 $ I S I, 169.8
[ ~O S~,639.00 J
-2-
16~1 '
Port of the Islands
Communlty Improvement District
Debt Service Fund
Bak:r~e Sheet
For Period Encllng Jury 31, 1~7
Re<Sempnon
Amount Avalob~/Debt Senflce
Amount to be Pro,,dcled. Long Term Debt
ltolal As.seli
~699,32~.66
S162.629.~0
S0.00
S27,347.00
$889r ~"~_ S. 14
$501,677.00
S5.288.323.00
ss,7~o,cxx:~.oo ]
Fund Bolorx:e. FY 1996 sL02o.~,,~34
Current Change in Fund 8alar~e (S~3z,~.~)
II'olal I.J,,~,~lllttes & Fund Ec~t~ $889,~_'J05.14
Port of the Islands
Community Improvement DiSlTtCt
Debt Service Fund
Statement of Revenues & Expen<:lttu~es
Fo~ Pe~,o<:l En<:lng Ju~y 31, 1997
Revenues
S24.960.69
S6.567.81
$70.71
$312.13
S37,138.130
$661,099.80
Interest
[fokd
S250,~00
$792,700.00 J
1 6G1 ~'
Port of the Islands
Community Improvement Distrlct
Capital ProJecfs Fund
~e Sheet
r-cx'The Pe~x:2 ~Ju~3'/o 1997
Cash
Proc~,e~ & Eq~:x~
General Fixed
SO.B9
$
Invmtmeflt In Gene~ ~ecl A~ets
Fu~ ~. FY 1996
Cu-rent ~ h Fur'cf eca::rx:e
S 1.634.373.~
S62.~7.a I
Port of the Islands
Community Improvement District
Capital Project Fund
Statement of Revenue &
Fo~ The Peflocl Erx:lbg Juty 31, 1997
Interest Income
Constn.~tk~
Revenue,
S2.516.08
$2,516.08 J
Irn~oven'mnts Other thon Building
S9,040.~0
$9,040.00 j
inet Income
($6,523.92)1
Port of the Islands
Communlty Improvement District
Water & Sewer Fund
Balance Sheet
For The Pedod Encllng July 31, 1997
Accounts Receivable
Standby Acc~ Receivable
Due from Genm~ Fur~
Mete~ In Fteld
Water & Sewer System
Less: Ac~ed Depreciation
S90.720.75
S26.233.24
S90,737.91
$90.00
S10.960.72
$5,326.11 I. 14
$5,079,686.25 J
Per'~on Payable
Due Io Generd
Customer Des)os/ts
Contributed
Contrtx.ded Co~ · Meter
Reserve<:l fo~ M4:~te~e
Fund Balor~e ~ I C~6
Current ~ in Fund BoUnce
$868.77
S69,$24.77
S8.123.42
S4,468.974.74
S31,331.35
SS.000~00
5431.608.52
S64.254.71
[Total UobtUfles & Fund Ecjult~
$5,079,686.28 J
-7-
1 6Gl
TMoI Admtnist~altv~
Told I'l, anl
Net In...ome Goss)
Port of the Islands
Community Improvement Dh'kict
Wafer & Se, wet Fund
F<x ~e Pl.~<l E~ Ju~ 31, 1997
WiS ~ II, orated I~dgM Actu~ I
~ Tl'mJ 7/31/'97 Thm 7/31/97 Vadarce
' ' 16gl
Port of the Islands
Community Improvement District
Spe¢tcl ~nt Receipts
F*m~al Year lC~7
Interest Net Receipts1
so.oo s4~ 89 ]
12/12/96 ~ I~1~1,061 .$4 S0.00
12/20~ ~ S136.361.~ ~.~
~4~7 ~ ~ I ~.~ ~.~
~/I I~7 ~ S2A~ I.~2 ~.~
~1~7 ~ ~4.~ ~.~
S0.00 $26.~4 I
S0.00 S463.724.06
lytel Cc~:cteu $ 799.611.19
Net A~t~)unt
As~es.~ed Pmcentc~e
L, rolcd $9'63,928
As~'rm~t~ A.s~.essrnents Due To/From
Colected Transferred Debf Service
S~G3.662.15 (S6i~3.~2 ~5', 5e Ce
J799,611.39 ($799,611.,19) $0.00 ]
Tran~/e~ted to General Furld
[ oate Check, Amount
· Co~+r~.,ed. G~ SsS 222.e9
c,'25~7 4,~634,~2 $! 15.25,5.2'3
[ TOTAL $195.959.24_]
Gfo~s A~es~ment$:
$1.020,219
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Port of fhe I~kmds CID
$13~.37
S~08.61
PORTOFTHE ~
COMlt~JNIT~ ~ DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands
Community Improvement District was held Thttrsday, October 16, 1997 at 4:00
P.M. at 25000 Tamiami Trail East, Naples, Florida.
Present and constituting a quorum were:
Thomas L. Baa'nard
Richard Burgeson
Bernard E. Wolaky
A/so present were:
John Petty
Dan-in Mossing
Stepher
Bruce Anderson
Dr. iron Benson
Winston Lue
Senja Durrwachter
Chairman
Supervisor
Supervisor
District Stair
District Staff' '
District Staff
Attorney
Hole, Montes & Associates
Port of the Islands Resort & Marina
Florida Department of Agriculture and
Consumer Services
~ OHDEH OF ~ Poll Call
Mr. Barnard called the meeting to order at 4:00 P.M. and stated that the
record will reflect that Supervisors Strong an Gatti are absent.
~ND ORDER OF B~ Approval of the Minutes of the August 21,
1997 Meeting
Mr. Bernard stated that I did not receive my copy of the Minutes which
were sent v/a Federal Express, in time for this meeting. Therefore the approval of
the Minutes of the August 21, 1997 meeting will be postponed until the next
meeting.
Mr. Bernard stated before we continue, I would like to announce, with
regret, the death of Mr. Wong the owner of the hotel. We send our condolences to
the family and wish them well in this sad time. If you didn't get to know him, he
was the definition of a gentleman, a very fine man. We will miss him.
7HIIn) ORDER OF B~ Statr~
A. Attermy
There not being any the next item followed.
Dr. Ben.~n stated I have done some work on the assignment I was given at
the last meeting and I have been requested to wait until the next meeting.
Be~een now and then I will ~ubmit a reper~ ~ Mr. Petty. That can be put on the
nc~t agenda.
Mr. Bas'nard stated if you remember Dr. Benson was to do a report on a
different way of evaluating ERC's or a similar way, but simply not in £Lxed
increments, but based more on the number of bathrooms or kitchens, and he is
working on that. Mr. Gatti has requested that we delay discussion of that until he
returns. He, being our ERC guru on staff. We have agreed without Motion to
delay that.
Co Manager
Mr. Bernard stated we need to talk about the death of one of our trees. One
of our Canary Island Date Palms which first we thought was struck by lightning,
now appears was struck by disease. It has to be removed. We have a few options.
Mr. Petty stated the Palm tree was stressed due to a magnesium deficiency
and Boring Beetles came in and took care of it quickly. It is covered under our
contract with the landscaper. He is responsible for keeping up the proper
nutrient level and looking for these pests. He has gone to the sight and sprayed
the remainder of the Canary Date Palms and is giving them additional
supplemental food, so we don't think the rest of our trees are at risk now. We
have looked at possible replacement. In the meantime, that tree is an eyesore
and we talked to our landscaper this afternoon and he has agreed to take it down
within the next two days. All that will remain is a small stump. We will pull the
root ball out, when we have a replacement. There is a tree of like nature on the
north side of the road that is becoming a problem with our electric streetlight. We
have a nice Canary Island Date Palm underneath the streetlight and it is
starting to hit the wire. We will have to move that tree eventually. Since we have
a need for a like tree at the south, we would like the Board to consider moving the
tree to the south to replace the dead tree and hold the landscape contractor
responsible for improvements on the north side of the road equal to the cost of the
tree. I think that way we both win. The north side needs more improvements and
the south side needs the impact of the Canary Island Date Palms that we have
there and I think it is a nice trade o/T. That is our recommendation to the Board.
We sought outside help with Collier County Extension Office to come and do a
separate analysis to confirm our findings.
2
· Octobm- 16, 1997
On M ..OT. ION bY Mr. Wolsky .econ.ded by Mr. Burgeson/
with all m favor stall' recommendation was approved. ,, ,,,., !
Mr. Barnard stated along that s_~rne line I would like to reiterate that we
need to do some maintenance along the walls and the signage at the entrance to
the south side. Part of the sign has fallen down, and the walls have mildewed. I
don't know ii' they need to be pressure cleaned or painted.
Mr. Petty stated I stopped to look at that and talked with Mr. Stephens and
they are due.
Mr. Barnard stated we need to schedule that as a part of our normal
maintenance and not let them get in that kind of condition. Those two entrances
are nice now and we would like to keep them that way. The other thing is I don't
know ii' it is the landscapers who are responsible or I am, or who, but every, time I
go by the lights that are on at night, are turned around facing toward the highway
or pointed to the ground. We need to find some way to make a more permanent
installation of that floodlight, so that it points towards the entrance, towards the
wall. It is supposed to light it up at night and it sometimes spins around in
circles.
Mr. Petty stated I think the stafrcan take care of that.
Mr. Petty stated we want to talk to you about the water audit that we do on a
regular basis. We had some concerns about some readings. We went out and
checked on some lines. Mr. Stephens found a water line that was un-metered. It
was in use near the docks at the Marina. It is an old PVC line that we missed five
or six years ago when we did the main one. Mr. Stephens put a meter on that line
now and has looked at the plant flows, backwash cycles, site irrigation, etc.,
things that should be deducted from the numbers. We think over the next month,
when we get our next audit we will see a much tighter margin between what is
billed and what is made. We think we have some positives coming back to you on
that.
Mr. Barnard stated I am sure you have taken into consideration
remembering that the Morning Star and Newport Cay irrigation should also be
calculated in that because that is also potable water. In the case of the single
family homes the irrigation meters are added in with the potable meters.
A resident asked does the main that was broken on Morning Star Cay, I
know they turned off the water to the whole area, I heard it should have been
3
October 16, 1997
turned off for each street, is that going to be fixed.
with the CID?
Does that have anything to do
Mr. Barnard stated it has a lot to do with it, did it get fixed Mr. Stephens?
Mr. Stephens responded yes.
A resident stated in other words it' you have another break you are not going
to turn off the hotel and the rest of the area?
Mr. Stephens responded I may if I have too.
Mr. Bat'nard stated it depends on where it is and where it has to be fixed.
A resident stated I heard, but I don't know how true it is, that they have to
turn off a valve that should have shut off only that street and it wasn't working,
but I don't know any of the history.
Mr. Barnard stated I don't know where you heard your information.
Mr. Stephens stated there is a turn off valve for each street. Many times
they will not hold. We have to have the water totally off to make the repairs. We
were in that situation. We were at the very lowest part of the street and we could
not get the water to turn all the way off.
A resident asked then its not going to be improved?
Mr. Stephens stated there is always room for improvement.
Mr. Barnard stated it depends on whether it is cost effective to replace all
those valves and two years later have them in the same situation, opposed to a
couple of hours of inconvenience.
A resident responded it was more than a couple of hours, it was from 1:00 to
9:00 p.m.
Mr. Petty stated the policy is that you shut down the smallest section
possible. When you have the work crews there, you have to make that decision. If
you have a small amount of water bleeding through and that is inhibiting a
repair, you have to make that call. Do you go backward now and shut off another
line, because you have the crew sitting there or you may have the parts there and
are ready to go, whatever the situation you have to make that call. You may be
trying to save a roadway or damage to some other facility, but, you try to make that
the smallest possible area, you are fight. One of the things we can do to address
that, in some places we are dealing with some very old valves, in other places we
are not, we are just dealing with a little bit of calcium built up on the valve. They
require exercise on a regular basis. Mr. Stephens is familiar with that schedule
and perhaps this break may bring this to his attention and if he needs to, I am
sure he will increase his maintenance to exercise those valves. If he has done the
4
, Octoi~ 16, 1997
best he can, which I am sure he has, we just have to live with that decision and
trust in him to make the right call.
Mr. Berger stated on this same issue, the residents would like to thank i~r.
Stephens and Dan regarding this break on Morning Star. They were there at 1
o'clock in the morning, busting there butt, they did not give up. That water kept
coming and the sides kept falling in and they kept working and we are proud of
you, that you didn't give up.
Mr. Barnard stated thank you, we appreciate your comments.
A resident stated I did not mean to imply that you didn't do your job.
Mr. Stephens stated I understand, you were without water.
Mr. Stephens responded it wasn't how difficult the break was it was that in
repairing it there was so much water there, it kept collapsing on us. And where
it tied into the main was deep.
Mr. Wolsky stated ! would like to mention that over the past several months
we had several meetings of the neighborhood watch program. The police have
been very cooperative, very interested and enthusiastic because we have many
people who are interested in becoming involved in neighborhood watch. One of
the things involved in order for the program to be successful, is we should have
signs indicating that there is a neighborhood watch program, as a deterrent. ~ir.
Berger has been checking into where to put them, how many are needed, etc. !
wonder if tho CID can do anything in the way of supporting those signs, helping
pay for them, or whatever.
Mr. Barnard asked what is involved?
Mr. 13erger stated we are talking about $300 for three signs, double sided.
Mr. Petty stated we have some experience in that regard. We can get those
signs from the state contract at a very reasonable cost. I would say for our sign
standards, we take these signs and mount them onto a wooden frame.
Mr. Barnard responded the typical neighborhood watch sign is a metal
sign.
Mr. Petty stated there is an 18 x 24 and a 24 x 30, we have to choose. It will
go from $30 per sign to $75 depending on the needs of the community. Ifyou want
Spanish/English, or double signed, double reflective. The maximum size sign of
24 x 30 is $75. We can get by with $40. All the street signs are the District's
responsibility and most of these sign, to be useful, would have to go into the
District's right-of, way. To make them economical, typically they would be
attached to existing signage. When you drive through most subdivisions you see
5
these gms, but since they were put at a lower level, they are usually bent, from
kids or bicycles or what have you. That is why in a lot of communities, especially
where the), are trying to do this to enhance the community, they will put it into a
nice wood mount. It is a very simple arrangement and not very costly, but it adds
a lot of character to the si~na~e. It makes it better than just a piece of aluminum
sitting on the side of a post. Those would be the considerations.
Mr. Barnard asked is that within the parameters of what we are allowed to
do?
Mr. Anderson responded I would interpret the statute that way. That is
part of your security.
Mr. Petty stated I would like a Motion if there is a specific si~n or a
pro~'arn that Mr. Berger would like to present that you would like to adopt. But if
you would just like direction imm staff to come back with some signs to show you
and the cost and then work with Mr. Berger on the placements that he has talked
about, we can do that at the next meeting without a Motion. Mr. Barnard asked is three enough?
Mr. Berger stated double sided at the Island at each entrance, you can see it
coming and going. There is a spot at the three entrances. We can take another
look.
Mr. Bar'nard stated it just didn't sound like a lot of si~nage but maybe that
is enough.
Mr. Berger stated you normally just put them at the entrances.
Mr. Wolsky stated Mr. Petty has experience doing this in other
neighborhoods why doesn't he make a suggestion to us alter looking into it.
Mr. Petty stated I will go out and use the 18 x 24 i'or the single family sub-
divisions and just two lane roads are more appropriate. I will send one out, Mr.
l~tevens can mount it and we will have a chance to look at it. We will do it on the
east side.
Mr. Berger stated why don't we do it on Newport Drive that is where
everybody is, that way ii'you come in you will see it.
Mr. Petty stated you want to stay away from a double sided sign because you
are going to mount it on a pole and the post itself would block part of it. So we are
talking about two signs, sandwiching the pole.
Mr. Barnard stated I thought you were taking about a wooden frame.
Mr. Petty stated we are.
Mr. Berger stated the sign itself is in a wooden frame attached to a post.
6
, ~ 16, 1997
1 601
Mr. Barnard stated I was thinking of ~omething like the signs we have out
there that are wooden sierra that have a wooden stake going down into the ground.
Ikir. Berger responded no he stated an aluminum sign mounted in the
WOOd.
lklr. Barnard stated I understand. That is what I am saying, mount it on
either side of the wood?
Mr. Petty stated that would be a very attractive sign. I was talking about
buying the aluminum sign, put it up on the aluminum post and you could see
how that looks, and ifyou wanted an upgrade we can do that. I personally like the
wood encased signs.
Mr. Berger asked would the Board be inclined to have English/Spanish? On
your example, where it says sponsored by Barnett Bank, that belongs to another
community. We can put Spanish if you wish. We could put that on hold for the
next meeting.
Mr. Petty gated I think it is a personal opinion. I have my own personal
opinion about doing government signage in two languages.
lklr. Barnard stated remembering that the purpose of the government
signage in this case is to deter crime. Whether or not we believe that government
documents should be printed in two languages really may not make much
difference. If you think printing it in Spanish might help deter crime, why not.
Mr. Stephens stated maybe we should discuss this now since I will be doing
a sample.
Mr. Petty stated if we are going to put two notices there in two different
languages it will increase the size. Those signs are available. I could get a
sample before the next Board meeting of the straight aluminum sign, maybe even
get one wooden encased, ifyou would like to see one at the next meeting. Mr. Barnard stated I think English will suffice.
Mr. Berger stated I would also like to thank the CID for our streetlights on
Newport Cay and also on Sunrise, thank you very much.
Ms. Man:hand stated another thing that you accomplished that I asked for
was the extension of the sod going up the north entry and I thank you very much.
I did check with Mr. Stephens about a very ugly white pole sticking up in the
middle between the signs.
Mr. Stephens stated we are going to take care of that.
Ms. Marchand stated going up the entry to the north hotel there are the
smaller signs, the ones that had the bird on the top and would tell you to continue
on for the RV Park and Gun Club, One of them the bird is falling oft' and the other
one the sign is falling oft. The post is there. Do I fix it or do you Fix it? I have
hired a full time manager at the Gun Club, we are really beefing up the business
and I need to be able to have proper signage to LeU people how to get there.
Mr. Petty stated we are going to a sign maker and asking for a sample for
where you would put au aluminum sign, subject to the Board's consideration, I
could ask him to do a sample for other signage of similar nature.
Mr. Barnard stated directional and informational signs are the business of
the District, but advertising and promotional signs are not. You have to tell me
what it is.
Ms. Marchand stated it is directional. It just has an arrow and RV
Park/Gun Club.
~ir. Petty stated the ones I was thinking of are directional in nature and if
we are going to come up with this frame for Port of the Islands maybe we can
come up with a standard that everybody likes and then si/nage can go in. Now we
have hand painted si/ns. Maybe this is a way to have the District do the lettering
and if it is anything above normal we can ask that person to take care of the wood.
Mr. Barnard stated come back with some numbers.
Ms. Marchand stated in the Park we have gone to the aluminum two sided
signs and in some cases reflective. They hold up beautifully and they look very
nice.
Mr. Petty stated in some of the upscale communities we insert those into a
wood frame and it looks like it was done by hand.
Mr. Barnard stated I noto that we have a guest with us today from National
Forestry and she has a proposal. It is not on the Agenda, but why don't we listen
to her.
Ms. Durrwachter stated I will pass out these copies. On page 3, we thought
we could come up with a sign to hang below the entrance sign and water
management has a sign shop that would come up with something that would be
the same color as the community uses. How does that look to you?
Mr. Barnard stated from my opinion I think it is fine. And the second one?
Ms. Durrwachter stated that would be right on the side of the building.
Mr. Barnard stated the building is owned by the hotel and you need a sign
permit from Collier County.
Ms. Durrwachter stated I don't know if we need a permit to hang a sign on
the buildL,g.
8
............. ~ ........ JIL_. I_! _ I _! ......................... I~._,LILL~ .............. iLl .......... . .... JlJl_.. ....................... I
Mr. Bernard stated I don't know either. But I think you need a sikm permit
i'or any sign in Collier County. Any questions or comments on this? Mr, Wolsky asked when is the Grand Opening.
Ms. DurrwachLer responded we were hoping for December 5th but with the
death of the owner, I am not sure. We will start with exhibits in about three (3)
weeks.
Mr. Barnard asked is any action required?
Mr. Petty stated there would be an agreement drawn up between the
District and the Dept. of Commerce and Agriculture.
Ms. Du,'cwachter s~ated there is a memorandum to water management
and Fish and Wildlit'e Service, because they are going Lo have people stationed in
the building. There will be a Park Ranger there and water management will
have a person there.
Mr. Petty stated ii' you approve oF the sikm, authorize our attorney to work
with their group on coming up with an a~reement, which would say the District
would have the right to have that sign removed for the purposes or maintenance
or operation as it see fit.
Mr. Bnrnard stated that will be all right as long as it does not run into a lot
oi' legal tees.
Ms. Durrwachter stated as far ns the siln that will go under the main sign,
do we need LO wait i'or the a~'eement?
Mr. Anderson stated my suggestion would be that since they are the ones
asking i'or this, they provide something i'or me to review.
Mr. Barnard stated thai. is exactly what I think. I at~ree.
},Is. Durrwachter atat~t do you have a dratt that I could work of I'ot' as far as
what kind oi. wording you will need. Mr. Petty responded no.
Ms. Durrwachter stated we might have some problems with the parking.
The Chairman of the ~roup is Jim Perkowsky with the Fish and Wildlii.e Services.
He is very concerned about the parking places, there would be six (6) parking
places there. I spoke LO the County about the type of handicap requirements. They
suggested we put in handicap parking. We have to do one per 25.
Mr. Bernard stated as t'ar the handicap spaces go, it is simply a matter oi'
re-painting some parking lines and I assume your people would be doing that?
Ms. Durrwachter responded yes and we would provide the si~n.
. Ociolx~ 16, 1997
Mr. Barnard stated that would also reduce the amount of parking from 6
spaces to 4 spaces.
Ms. Durrwachter stated yes that was a concern because on the south side
they are requesting to instaU 2 handicap parking places
Mr. Barnard stated I am not sure what is on the other side of the island.
Mr. Petty stated a roadway. That is where the turn is.
Mr. Barnard stated I don't think that will work because as we develop the
commercial site on the right as you go in the entrance, the entrance can be from
41, it is already in, but the people corning from the east will have to enter the main
entrance and that is how that will enter into that convenience store and gas
station and that will be the only exit from it. Those have to align with the two
roadways coming out of the hotel. Just thinking about, without standing there
and trying to measure off a 12 foot parking place, I don't think there is any room
to do that. Those spaces would be right in the middle of that cross traffic. At that
time there will be cross traffic there.
Ms. Durrwachter stated Mr. Perkowsky is going to try to work with the
convenience store to see if we can do some kind of a shared parking.
Mr. Anderson stated I have been giving more thought to this item about
allowing them to put signs up and why don't you just do a Motion that authorizes
them to hang their sign up there and the District wot, ld have the right to
withdraw that at any time.
Mr. Barnard stated yes, I don't think we need a legal agreement, it is not
that big of a deal.
lOn MOT!ON by Mr. W.°lsky seconded by Mr; BurgesonI
with all in favor the s~gnago as to parking spaces was[
approved.
FOURTH ORDER OF BUSINEI~ Supervisor's Requests and Audience
Comments
Mr. Barnard asked for any supervisor requests or audience comments?
Ms. Marchand stated has anyone seen 'Mr. Bear' recently. I guess he is
still around. I am getting ready for the season and I finally have an agreement
from Waste Management to provide dumpsters with blocks. They are bringing
one in for me. It is what they term to be a 'bear.proof' dumpster. I am prepared
to pay the extra money to have that type of dumpster in the park. Last year I had
two, and a twice a week pick up. There is the one down at the CID.
· 'Octob~I6,1997 1 "I
Mr. Barnard stated CID does not have a dumpster. There is a
neighborhood dumpstar for the people who live back on the canal and they pay for
that. We have nothing to do with it. Ii'you are talking about the one the hotel has,
you need to talk to the hotel, because we have nothing to do with that either. I am
not aware of any dumpsters that we have that are open to the bear.
Ms. Marchand stated I just thought I would mention it and let it be known
there is a possibility that this would be the case.
Mr. Barnard stated is there anything else?
bis. Marc. hand stated 'mosquito's'. Are we spraying?.
Mr. Stephens stated at this point we have not been spraying.
A resident stated we have been walking at night and early in the morning
and have not encountered any problem. They are around, but not in abundance.
ORDER OF BUSINEf~
Approval of Invoices
O.n. MOTION by Mr; Burgeson seconded by Mr. Wolsky[
wath all in £avor, all lnvoices,,are approved.
!
Mr. Lue stated on behalf of the family of hotel owners, I thank you for your
kind words.
SIXTH ORDER OF BUSINEI~
The meeting was adjourned at 4:30 P.M.
Chairman
11
PORTOP ~ll~ ~
C OMMUN1TY IMPRO~ DISTRICT
Thursdsy
Octob~ 16, 1997
4:00 P.M.
®
25000 Tamiami Trail East
Naples, Florida
Roll C~II
Approval of the Minutes of the August 21, 1997 Meeting
A. Attorney
B. Engineer
C. Mansger
Supervisor's Requests and Audience Comments
Approval of Invoices
Adjournment
P~L~ PL 33940
P~t,Z~O 0~: 10/09
AO Lo.~E., 61.000 INCH
lend Cemmunlty
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Florida
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Statement o( Revenue & Expe~es
Fo~ The Period Erx:llng August 31, 1997
~teres~ Income
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PLEASE NOTE REVISED DATE
RECEIVED
NOV I 1997
AGENDA
EMERGENCY MEDICAL SERVlCES ADVISORY COUNCIL
(EMSAC)
~oard of Count~
NOVEMBER 24, 1997
2:00 P.M.
HEALTH BUILDING 3RD FLOOR
3301 EAST TAMIAMI TRAIL
CALL TO ORDER
APPROVAL OF MINUTES
OLD BUSINESS
MOU with Fire Departments
Date Collection Project
NEW BUSINESS
Election of Offlcom
City of Marco
PLEASE NOTE: Date of meeting has been changed to Monday, November 24,
1997 at 12:30 P.M. at which time we have been invited to join the Emergency
Services Department staff for a Thanksgiving luncheon. Meeting lo being at
2:00 P.M.
F,i~c. Corr~
Oate:. ~
Cope~
September 12, 1997
TRANSCRIPT OFTH~MEETINGOF THE
CODE ENFO~ BOARP - SOUTH
Naples, Florida, September 12, 1997
Met on this date at 8:30 a.m. in REGULAR SESSION in Building "F' of
the Government Co~lex, East Naples, Florida, with the following
members present:
CHAIRMAN: Randy' Merrill
Lynn Bradeen
James E. Lavinski
Lewis P. Oxley
Robert K. Lockhart
Guy P. Adams
Diane Taylor
Maurice DeVito
BOARD MEMBERABSENT: Rhona Saunders
ALSO PRESENT: Jean Rawson, Attorney for the CEB-S
Teresa Passmore, C.E. SDecialist
hinds Sullivan, C.E. Director
- Kimberly J. Polen, C.E. Environmental Specialist
David Hedrich, C.E. Investigator
C~pies T~:
Page 1
1 6 G'I
D~Ces lepCem]~r 12 1~99 ac e:30 o'clock
A. ICC: vs. Rob4rc E. & lr~n~ g. Cad,nhE&d
I. ICC v~. Lynn V. Cader~A4&d
C. BCC vs. l,~. Steuirc, TI, c/o ~r. ferc, Inc.
WEFT tqIzTIWC; DATK
C'EB No. 9'7-023
CL'B leO. ~?-025
C11 No.
CZ1 No. 97-013
C~B No.
C1~ No.
Cl~ ~o.
September 12, 1997
CHAIRMAN MERRILL.'
Board meeting of the South Board to order.
roll call.
Lynn Bradeen.
MR. BRADEEN: Here.
CHAIKMAN MERRILL: James Lavinski.
MR. LAVINSKI: Here.
CHAIR~ KERRILL:
Guy Adams.
MR. ADAMS: Here.
CHAIR~AN MERRILL: Haurice DeVito.
MR. DeVITO: Here.
CHAIKHAN HERRILL= Diane Taylor.
MS. TAYLOR: Here.
CHAIRMAN HEP, RILL: Robert Lockhart.
MR. LOCKHART: Here.
CHAIRMAN MERRILL: Louis Oxley.
MR. OXLEY: Here.
At this time I am calling the Code Enforceraent
We will start with the
Rhona Saunders is excused.
CHAIRMAN H]~RILL: Randy Merrill, here.
We have a quorum.
Approval of the agenda. Has everyone gotten the agenda in their
packet? Motion to approve?
MR. BRADEEN: So moved.
CHAIR]4AN M]~RRILL: Second?
MR. LAVINSKI: Second.
CHAIPO(ANM~ILL: Any discussion? Hearing no discussion, all
those in favor indicate by saying aye.
Any oUposed?
'(No response.)
CNAIRMARME~RILL: Motion carries.
Approval of the minutes. Any additions or corrections to the
minutes of the last meeting?
The only correction I would have is that it refers to a Miss
Peck, P-e-c-k. Starting on page three it was Beck with a B, B-e-c-k,
amd then we have been informed that she's been married and actually it
s~uld read Passmore, which is I guess corrected three times. That's
the only corrections I have.
Anyone else have any other corrections to the minutes?
~otion to approve?
HR. BRADEEN: So moved.
CHAIRMAN MERRILL: Second?
HR. DeVITO: I'll second.
CHAIRMAN MERRILL: Any discussion? Hearing none, all those in.
fa~r indicate by saying aye.
(N~ r~sponse.)
~{AI~ HEP. RILL: Hearing none, motion carries unanimously.
Me will no, move into the public hearing stage of our meeting.
This Ks the Boaz~ of County Commissioners versus Robert E. and Irene
E. Cadenhead, CE~ No. 97-023. Are the parties here, Code Enforcement?
Anyone here on behalf of Robert E. or Irene E. Cadenhead?
Page 2
..... i i IIII I I IIII I I I Ill
!6G1
September 12, 1997
Sir, would you please stand up and identify yourself?
MR. CADENHEAD: Robert Cadenhead.
CHAIRMAN MERRILL: Okay, sir, are you ready to proceed this
morning?
MS. PASSMORE: Mr. Chairman, if I can interrupt just a quick
second. We did have one add-on that had to go onto the agenda.
An announcement, Ms. Rawson is on her way. Apparently she's
running Just a few minutes late.
CHAIRMAN MERRILL: Ail right.
MS. PASS'MORE: The add-on that we have under old business --
MS. SULLIVAN: I will bring that up. It has to do with an RLS
that I had submitted to the County Attorney's office.
CKAIRMAN MERRILL: Okay. I will Just put item one and you will
bring it up at the time.
MS. SULLY: Okay.
CHAIrmAN MERRILL: All right. All those that are going to be
testifying in the matter regarding Robert E. and Irene E. Cadenhead,
please come forward to be sworn. Sir, will you be testifying today?
(Speakers were sworn.)
CHAIRMAN MERRILL: Code Enforcement Board or Code Enforcement,
are you ready to proceed?
MS. SULLIVAN: Yes, sir.
CHAI~%N MERRILL: Go ahead.
Good morning, Ms. Rawson.
MS. RAWSON: Sorry I'm late. I had an eight o'clock meeting.
CHAIRMAN MERRILL: The only thing you missed was the approval of
the minutes so far.
MS. ~AWSON: Thank you.
' CHAIrmAN MERRILL: We have had both witnesses sworn for this
hearing. That's it, A on the agenda. Yes, sir.
MR. ~XLEY: On the notice of hearing, it's dated 28th August, and
it says they have until the 8th of August to submit their package.
W]11 you ~ook at that, please? Is there anything wrong with that? Is
t~at a typographical error? Has it anything to do with the case, et
cetera?
CHAI~4AN MERRILL: I think that that's something that needs to be
b~ought up by the testimouy. Are you ready to proceed, sir?
MR. HEDRICH: Yes, s~r.
CHAIRHAN MERRILL: Go ahead.
MR. ~EDRICH: My name is David Hedrich, H-e-d-r-i-c-h0
Investigator, Collier County Code Enforcement.
This w[olation was brought to us on the basis of an anonymous .
c=.~)laint. It referenced the property at 3994 Mercantile Avenue,
Naples, Florida, and the co~laint was in reference to litter and
abandoned pruperty scattered amongst the property described.
On Janua~rf 14, 1996, the violation was first observed at the
location. Photographs were taken of the violation January 29th. The
notice of violation was sent out with an order to correct. The date
for correction was February 26, 1996, and we have had several
reins~>ections, the latest of which was August 27, 1997, and again this
Page 3
September 12, 1997
morning, going by the establishment and taking current photographs of
what remains of the violation.
At this time I can say that a good 75 percent of it has been
removed. We do have a small quantity left. Mr. Cadenhead and I did
talk briefly here before the hearing this morning. I do believe he
intends to complete the removal, and on a further basis, agrees to no
longer keep the demolished materials or unusable materials on or
about the property in an orderly fashion. I did explain to him about
the necessity of the dumpsters required and the containment of the
litter and things, of the materials not to be used at any further
time'HR. DeVITO: Could we see the pictures that you just took? Did
you take them?
MS. SULLIVAN: Mr. Chairman, if I may, at this time, staff would
like to introduce the packet as Exhibit i to include the pictures, and
we have a set for the board to look at of the originals.
CIiAIP44AN MERRILL: Before you do that, Mr. Cadenhead, do you have
any objection to the admission of the packet from the Code Enforcement
Board including those pictures? Would you -- would you step up to
that microphone for us, please, sir?
HR. CA~: Number one, in other words, you have your policy
set up so you go ahead and admit the photos like what you want. I
mean, it would do me no good to object if I wanted to.
CHAIRMAN MERRILL: well, you certainly -- you may object to the
photographs, sir, and bring up any objections that you have to them
before we take a look at them.
HR. CADENHEAD: This is fine. The photos -- photos are fine.
CHAIRMAN MERRILL: Are you sure?
' HR. CADENHEAD: Sure.
CHAIRMAN MERRILL: Okay.
MS. RAWSON: Are the photographs that were taken this morning
being introduced into evidence as well? MS. SULLIVAN: Yes, ma'am.
MS. RAWSON: Okay. So it's the packet plus the photos that were
taken this morning?
MS. SULLIVAN: That's correct.
CHAIRMAI.! MERRILL: So the packet plus the photos taken this
morning will be introduced as Code Enforcement Exhibit I without
objection.
Mr. Hedrich, are you finished with your testimony?
HR. HEDRICH: At this time, yes.
CHAIRMAN MERRILL: Mr. Cadenhead, do you have any questions that
yot~ would like to ask Mr. Hedrich?
MH. CADENHEAD: No, Mr. Hedrich has done his job. He went out 'an~
he £rrv~tigated. He took the pictures. We're cleaning up the property
becams~ we want to, basically. I have been before the board about
four year~ ago, resolved this whole matter at that particular time
with the board, if they go back and look into the minutes of the
meetL'~s.
Our deal is basically that we have been on this piece of
property since 1972. We're not compiled (sic) with any ordinances as
Page 4
September 12, 1997
far as fencing it and some other things as far as being grandfathered
in. But our deal right now is to comply with what he wants to do, in
other words, to clean up what he's asked. We don't feel it's too far
out of control to do and we're going to do it, and we're doing it
right now. We have done probably 90 percent of it. Everything that's
out there is -- basically, there's a bunch of houses that we have a
permit to -- from the county to bring to the -- to the spot to
remodel.
And basically what's haupentng is a couple of them has
deteriorated to the point that they're being demolished, so it's all
according to how we demolish them, and I think I have got the right to
do what I want to do there. But on the other hand we -- in the spirit
of com~liance, we have put in to clean up because it needs to be
cleaned up. That's a very sim~le deal.
CHAIRMAN MERRILL: Let me ask you this question, sir, is it my
understanding, then, you're agreeing to the -- to the recommendations
Of Code Enforcement that you clean up the property?
HR. CADENHEAD: Basically, what I am doing is -- I don't really
want to enter into an agreement with this board on a clean up. I am
entering into an agreement with Code Enforcement. I am going to go
ahead and clean up what they have asked for, because I don't -- I
think that if I take you back -- in other words, there's a little bit
of a principle of the thing. And the principle comes back that I came
before the board, argued --
CHAIRMAN MERRILL: Let me stop you one second, okay?
HR. CA~: Okay.
CHAIRMAN MERRILL: And I will let you say that in just a minute.
HR. CADENHEAD: All right.
'CHAIR/~AN MERRILL: Do you have any further questions of Mr.
Hedrich?
HR. CADENHEAD: No, no.
CHAIRMAN MERRILL: Does any member of the board have any
questions of Hr. Hedrich before we proceed any further?
HR. BRADEEN: Hr. Medrich, are you satisfied with what's
happening there7
HR. HEDRICH: I am satisfied with the progress that's taking
place now, yes, I am.
HR. BRADEEN: Is it your recommendation that we proceed with this
or are you going =o ask us for more time? I mean, is there anything
in the wind about that?
HR. H~DRICH: Well, seeing that we have -- progress has finally
c~nced and things have moved along, and I have been able to speak
~ith Hr. cadenhead, I feel that we can resolve this within the next. 3~
dmys without any further problem. HR. BRADEEN: Okay.
CHAIRMAN MERRILL: Any other questions of Mr. Hedrich?
Th~nk you, Mr. Hedrich.
l~ow, t~r. Cadenhead, it's your turn to continue to talk --
testing.
HR. CAD~f~AD: Ail right. Basically, to make a short story -- a
long story shozt, I will agree with Mr. Medrich over here to finish
Page 5
September 12, 1997
cleaning up what he wants as long as I am not directed by this board
here that X got -- have to do it. In other words, I will get it done
within a 30-day period. And I feel that's -- I don't feel that --
number one, if I have to go back and be directed by the board, then I
am going to come back and argue my case to the start. In other words,
I am going to do the clean up in a spirit of be_lng a good neighbor
where I am at and get it done. That's basically where I'm at right
CHAIRMAN MERRILL: Okay. I understand what you're saying, but
you are before the board at this time on a violation, and the board
very much may tell you you have got 30 days to do this or 60 days or
some $~:~int to do this, and that's what we're here for today. If you
need to argue your case, you need to do it today.
MR. CADENKEAD: Well, my case, basically, would come back to the
case that I came before this same board with and won, okay, with the
right to do what I wanted to. And what -- what was treasures and what
is trash to one is -- is recyclable for the other. So I don't think I
have to be before this board again today to do the same identical
thing. I think what I am here today with the board is that I am in
agreement with complying with Code Enforcement to clean up what they
want, because they're asking for it, not because I am not in
comt>liance.
I think that -- I think the best way to end this thing here today
is that I agree to go ahead and get this cleaned up within 30 days,
what Hedrich wants, so then he can report back to the board and we're
through, rather than trying to get into a deal with the board who is
right, who is wrong, because it needs to be cleaned up. I don't need
my property littered, and I don't need to continue what was going on.
' So we're cleaning up, all right7 In other words, I'm Just kind
of -- all I'm doing is trying to say that I was here. I argued my
point before and I won. I am back doing the same argument. In other
words -- but the argument spells over that I don't need to keep the
litter on the property. I need to clean the property up, and I am
going to do it.
So -- so that's where I'm at right now. And as far as the dates
on the January, we had kind of an unfortunate deal. My mother passed
away the first of January and they delivered this deal to her, then it
was signed for, so we didn't know it until -- I guess we really got
into the deal somewhere in July or something like that to where I got
into the part of what I needed to do for the Code Enforcement. So
even though it's been a long going thing, the county sent -- the first
notice got accepted by my deceased mother.
CHAIRMAN MERRILL: All right. Is there anything else that you.
wanted to present to the board?
MR. CADENHEAD: No, sir. The only thing I want to present to the
k~m~td is I want to do in compliance with what Mr. Hedrich wants to do,
~r~ ~at he's asked for -- he's come out onto the property and
he's -- h~'s conducted himself in a manner that the board should be
proud of. r~ other words, I have no problem to the way he's conducted
himself on my property and as far as I'm concerned, what he's asked
for I am goimg to do, but I just don't want to be told that I have to
Page 6
September 12, 1997
do it.
CHAIP44AN MERRILL: Okay. Did you have sufficient opportunity to
present anything in writing that you wanted to present to the board?
MR. CADENHEAD: No, sir, because i didn't come to the board to
basically argue out an old case. In other words, right now I came to
the board saying that I want to comply with what he wants to do.
CHAI~0~AN MERRILL: Okay. I understand your point, but my
question was, did you have a sufficient time, if you had wanted to
present anything in writing to the board, to do so?
MR. CADENI~,AD: No. No, sir, I don't have nothing at this
Darticular time to present to the board in writing as far as this
Darticular case.
CHAIRMAN KERRILL: Okay. Thank you.
Any questions of Mr. Cadenhead by any other member of the board?
MS. TAYLOR: Yes, I have one. If you thought you won this four
years ago and then it became this horrendous mess, now you think you
have won again today --
MR. CAD~Nl{EAD: No, ma'am--
MS. TAYLOR: -- and it will start over again?
MR. CAX)~N~EAD: -- I didn't -- I didn't come here to argue
whether I won here today or not. I came to say that four years ago,
besically, on the records, I came before this board, the whole thing
was laid out, and at that time it was decided that what I was -- what
was going on on my pro$>erty was -- was my making and my doings and it
was okay.
Now today I am coming before the board because Mr. Hedrich has
got -- has asked this to be cleaned up. I am saying that I will go
ahead and get it cleaned u~> within a 30-day l>eriod, what him and I
ap~r~fed to, but I really don't want to be ordered by the board that I
have to do it at this point. So if you-all -- the easiest point would
be to have a continuance to -- of this for 30 days. we have what he
wants cleaned up and the case is over with.
CI4AIRKAN MF2~ILL: Are you making a motion for a continuance?
MR. CADENHEAD: I would ask for that, for a 30 to 45-day
continuance because we're -- in other words, we got one more load,
basically, to haul off there to do what he wants to do. And I think
that if we had a continuance here today to com~ly with what Mr.
Hedrich wants to do, that everybody is going to be totally hapDy.
C14AI~ MERRILL: Code Enforcement, do you have a position on
that7
MS. SULLIVAN: I would have to defer to your counsel on
proceduxe, but I don't have any problem with giving Mr. Cadenhead
another 30 days because I know that he has in the past few days wor.kecl
diligentXy to clean this u~.
CHAIRMAN MERRILL: Let me just tell both of you before Ms. Rawson
starts, aund please, Ms. Rawson, address this issue, too, that we have
taken the evidentiary portion of the issue. If we continue this, this
would only ~ a continuance as to what the board would make as a
finding of fact and a recommendation.
MR. CAD~i~HEAD: Okay. But if we do a continuance, the
recommendation of the finding of the facts, there's no more debris on
Page 7
1 6Gl
September 12, 1997
the property in 30 days and so the finding of the facts does not come
back and cross over my compromise on my other position, so I'd rather
have it that way
CHAI~ KERRILL: Perhaps, perhaps, perhaps.
MS. RAWSON: It's within the board's discretion to do that. We
have already had the evidentiary hearing. Ail you're doing is
deferring Judgment for 30 days. And if, in fact, the Code Enforcement
officer re~orts to you that there's no debris, well, then that's the
end of that. If, in fact, there is, then you can make a Judgment at
that tin~.
CHAIRMAN KERRILL: Do I have any sense of the board or any member
of the board that wish to make a motion regarding Mr. Cadenhead's
request for a continuance of this matter?
MS. TAYLOR: I will make a motion that no more than 30 days.
CHAIRMAN MERRILL: So you're making a motion to grant his request
for a continuance of this proceeding from this point on to our next
meeting?
MS. TAYLOR: Yes.
CHAIRF~N MERRII,L: Is there a second to that motion?
HR. DeVITO: I will second that motion.
CHAIRMAN H~RRILL: Motion and seconded. Any discussion?
HR. BAA/~EEN: Mr. Chairman, I have a little bit of a problem with
that. I will vote for the motion, but, Mr. Cadenhead, you -- you're
the one that ~ushed this to this point and now you don't want this
board to have to do what it has to do. If it wasn't for your actions,
we wouldn't be here.
HR. CADE~: I understand.
HR. BRADEEN: And to come in here and say you don't want us to do
something is --
HR. CADENHEAD: I understand that.
HR. BRADEEN: You' re the one that made it happen.
HR. CADE~{ZAD: Okay. ! can appreciate what you' re saying, but
in my position, whatever I have pushed, I could have pushed it. But I
also went before this board and was granted the same permission from
this board to do what was there before. So now in the spirit of
cooperating with your code Enforcement, I am willing to correct what
they want, okay, and ! am going to do it like this right here. If we
get into another deal, then I am going to ask for a continuance to go
back and bring this before -- what is right, what was told to me
before by this same board, and sit -- and sit on that. In other
words, so I think what we're doing right now is taking the position of
30 days, have exactly what Mr. Hedrich wants done, we're totally done,
and then I don't revisit where I was before.
HR. BRAD~EN: What you did was cause this situation and now
you'r~ totally trying to control it. MX. CAD~NHEAD: No, sir.
Y~t. ~:~ You're trying to control this board.
MR. CAD~IaIEAD: No, sir. I control -- I control the situation at
the last zoning hearing when I was given permission to do what was
there. Now, if wo have to go back and revisit those minutes of that
meeting and if we have to come back and put it onto the board's agenda
Page 8
September 12, 1997
of how that took place, then we do that. But right now what we're
doing is that we're saying we're going to clean up what he wants
cleaned up. We're going to do it within 30 days, and there -- we will
be in compliance of what he wants.
MS. S~JLLIVAN: Mr. Chairman, if I may, I think there's two
different issues here. We all agree that Mr. Cadenhead is
g~andfathered as far as his structures and that he's been given
permission by the county to do that kind of business, but the only
~hing that Code Enforcement is here on today is the litter problem.
You know, you can do these kind of businesses, but even on
construction sites or demolition sites, you have to control the
litter, and I think there's two different things here.
CHAIKM~kN MERRILL: I think that's my understanding, that we're
only dealing with litter, not with what the activity is on the
property.
MR. CAD~: Well, the last hearing, it got what was litter,
what wasn't litter, and we don't -- we don't even really need to visit
that today if we take the process that you want to go with here.
CHAIRMAR KERRILL: Any -- did you have any follow-up to that?
MR. BRADEEN: Yeah, I am Just curious if I am understanding Mr.
Cadenhead, he got permission from this board to have litter on his
MS. SULLY: No, sir. He got permission to work on these
structures, these structures which would not come up to code today but
are grandfathered.
CHAIR~t~,N MERRILL: Are these the structures that used to be --
MR. CADENMEAD: Now, I don't --
CHAIRKAN MERRILL: Kxcuse me a second, Hr. Cadenhead, are these
~]~e ~tructures that u~ed to be sitting on 41 East that have now been
moved up to Mercantile?
KR. CADENMEAD: No, the ones that was on 41 East are on Guilford.
They're -- they're -- have a certificate of occupancy. People are
living in those and they're Ryan models.
CHAIRMAN MERRILL: Is this --
MR. CADENHEAD: These are some houses that were moved in to be
brought up to code that haven't been moved back out is basically what
it is.
CHAIRMAN MERRILL: Is your place around Mercantile --
MR. CAI~fd~D: Yeah, Mercantile and Industrial.
CHAIKM~N MERRILL: -- where Schiller's garage is, around there?
MR. CADEI~HEAD: Yeah.
CHAIRMAN MERRILL: Okay. I know the area.
MR. CADEITHEAD: And to back up one other ~otnt, in other words -~
she's right about being grandfathered in, the houses, about no fence,
nothing else. In other words, all that is totally right, but in the
~as= case, it was argued what was litter, what wasn't litter, and at
t_~ ;~t, we won what was litter and what wasn't litter.
Az~ %%~at's one of the reasonu it's a long drawn out thing. Right
now -- in o~r words, I'm -- I'm happy to go ahead and clean up what
they wan= because they're asking me to and they come out and did a
nice Job of ~sking, okay? And I am going to d9 that. And I think
Page 9
September 12, 1997
that if I am directed by the board in some kind of formal action, then
Z want to go back to my own deal that I had from you before. Right
no~ I am going to do it because I want to do it and I will get it
done.
CHAIRMAN MERRILL: Any other questions from the board?
MS. TAYLOR: Well, for one thing, this is not the same board that
you were before before.
MR. CA~: I think -- I think -- but it's the same -- ma'am,
it's the county, okay? And I have been a member of this county all my
life, all right, and if you granted one thing by one board in the same
county and it comes to another position on the same piece of property,
it all reflects back and that's called Justice and that's called law.
So I am not here to argue that point. I am not here -- I am not here
to try to be aggravating. Ail I am here is that -- is that before I
was granted a certain thing by the other board that preceded you,
okay?
No~, whether cr nor. the board -- you have got the right to
over-ch&nge that or not, Z don't kno~. Z me~n, that would be for
somebo<~ else. And all Z am doing is ::Just arguing a little bit of
principle here this morning. In other ~or~, I am Just tz~ing stand
up and s~ what I was told before and what I did.
$o tod~y -- in other words, I am also arguing a little bit of
~Justice, what needs to be done, and it needs to be cleaned up. So
am agreeing to clean up. I mean, I'm not saying -- it's a win/win
situation, basically, £f we do £t this way right here.
CI~IP~N ~RILL: Any other meanders have any questions?
Anything from Co<Se ~nforcemenc based upon the testimony of ~r.
¢&denhe~d?
' - MR. ~:)RICH: No, sir.
CI~J~I ~ILL: Kr. Cadenhead, do you have anything else
you ~ould like to say?
MR. CAD~t1~D: 1~o, I think I said too much already, Bo th~nk
CTL~IPJ4M~ )~LP, ILL: Th~nk you vez-y much. At this point in time we
will close the ev£dent£ary portion of the hearing and ask -- there was
a motion on the floor, moved and Beconcled, to approve ~4r. Cadenhead's
motion far continuance.
Any further diBcuBsion on that motion? Hearing no further
discuss£c~, all thoBe in favor of the motion indicate by Baying aye.
Any opposed?
(No ~espon~e. )
~~ ~ILL: None opposed. ~tion carries. This ma~ter
w£11 be continued 30 days. .
MovLn~ on to the next matter, Board of County Co.~aissioners
versus Lynn V. Cadenhead, Code Enforc~ent Board No. 97-025.
~S. PADRE: Mr. Chairman, I spoke to Mr. Cadenhead on
W~dnesday of this week and he has informed me that the ex-wife --
M~. CAXI~i~HEAD .' Yeah.
MS. PASS.ORE'. -- is in Georgia--
MR. C~: Correct.
MS. PASS~O~E: -- at this moment. Mr. Cadenhead0 were you able
Page 10
September 12, 1997
to obtain a letter from her granting you representation for her this
morning?
MR. ~: I contacted her --
CHAIRMAN MERRILL: Mr. Cadenhead, if I could ask you to step up
to the microphone again; we are being recorded and I need you there.
Thank you.
MR. CAD~: I contacted her and she was sending the letter by
Federal Express down because she wasn't close to a fax machine. She's
in the rural area of Georgia there. So I should have the letter for
Monday morning. But she did give me permission to speak for her on
this and to say that we're trying to resolve it as you requested the
other day.
MS. PASSMORE: Yes.
MS. SULLIVAN: Mr. Chairman, for clarification, Lynn is who we're
talking about, the property owner, who is his ex-wife. And we were
having trouble getting receipt of notice, so I asked Mr. Cadenhead for
a letter from her sh~wing that she had received notice if he was going
to represent her.
CHAIRMAN MERRILL: So at this point in time we do not have --
physically have that document.
MS. SULLIVAN: No, sir. I had asked him to fax it yesterday but
we didn't get it.
MR. CADENHEAD: It was not able to be. We talked. It was not
able to be faxed down, but the letter was put into Federal Express to
send.
CHAIRMAN MERRILL: So without notice, then, I am going to remove
that item from the docket. You can put it back on when you have got
notice and are ready to go.
' MS. PASSMORE: Thank you.
C}{AIRMAN MERRILL: Item C, Board of County Commissioners versus
I. K. Steuart Trust, care of Mr. Pert, Inc.
Good morning. Would all those -- good morning, sir. All thbse
going to testify in this matter, please be sworn.
(Speakers were sworn.
CHAIR24AN M~RRILL: Would you state your names for the record?
MS. POLEN: My name is Kimberly Polen. I am an Environmental
Investigator with Collier County Code Enforcement. CHAIRMAN MERRILL: Sir.
MR. CARUTHERS: I am J. C. Caruthers. I am representing I. K.
Steuart.
CHAIRRAN MERRILL: Thank you, sir. Are you both prepared to
proceed this morning?
MR. CARUTHERS: Yes.
~. POLEN:
(iI~AIK)4AN MERRILL: Code -- Code Enforcement, proceed.
M~. POLEN: Okay. Code Enforcement case number ninety-seven
twent¥-s~x. Respondent is I. K. Steuart, Trustee. The location of
the violatimn is Parcel 84 in Sec%ion 23, Township 50, Range 26. The
alleged v~olaCion on the parcel pertains to illegal structures, more
s~)ecificalI]f a small home constructed on the property without building
permits, occupancy of the home without a certificate of occupancy, and
Page 11
September 12, 1997
storage of two travel trailers, an airplane and other items without
permits, which are in violation of the Collier County Land Development
Code, Ordinance 91-102, Sections 1.56 and 2.76, Paragraphs 1 and 5.
The initial investigation was while on patrol on March 15th of
1996. We found the small occupied home placed on a lot with sheds and
unlicensed vehicles. We sent a notice of violation out on May 8th of
'96. The green card was received May 14th of '96. On June 5th, we
reinspected the site and the violation was not corrected.
On March 18th of 1997, during our property inspection, we found
the house still presently occupied, and an additional air conditioner
unit on the front of the structure. I found a broken sewage line and
a pile of litter, an abandoned van filled with appliances, debris,
vegetation debris, white goods, and construction debris.
On June 18th, we notified the owner again of the violation
through a notice of violation. The green card was received on June
30th of 1997, and on July 25th of '97, we found the violation to
remain, as well as September llth of '97.
If I may submit the packet as well as a copy of the photographs
as part of the exhibit.
CHAIRMAN MERRILL: Mr. Caruthers, is it?
HR. CARUTHER$: Right.
CHAIRMAN KERRILL: Have you received a copy of this packet and
had an opportunity to review it?
MS. SULLIVAN: These are the pictures. Do you have any problem
with the board looking at these?
HR. CAR~S: No.
MS. SULLIVAN: Okay.
MS. PASSMORE: Mr. Chairman, I did not send Mr. Caruthers a copy
of' the packet only because Just in speaking with him, I informed him
that the warranty deed was in Mr. I. K. Steuart's name and Mr.
Caruthers was Just an involved party, and I did send him a copy of the
notice of hearing per his request, but the deed does state Mr. I. K.
Steuart, care of Mr. Perc, Incorporated. So I did not send a packet to
Mr. Caruthers.
HR. CARUT~ERS: And I have copy of this, though.
CKAI~ ~ILL: You have a copy of it?
MR. CARUT~ERS: Yes.
CHAIRMAN MERRILL: Sir, are you an attorney?
MR. CARUTHERS: No.
CHAIRMAN MERRILL: What is your relationship with the property
oMner?
MR. CARUTHERS: Part owner of the property.
CHAI~ MERRILL: Okay. Are you on any -- is he -- are you on ,
any deeds that are registered here in the county?
MR. CARUTHERS: No, no.
~H~%I~KERRILL: Miss Rawson.
M~. ~&I~DN: Well, he doesn't have to be an attorney to represent
s~, Ut I need to know Just exactly what the scope of his
representatic-% is.
If you could tell us that. Do you have anything in writing from
Mr. I. K. Steuart requesting that you represent him before this board
Page 12
September 12, 1997
today?
HR. CARUTHERS: The board has. They have a letter from him
saying that I would be handling the --
MS. RAWSON: If we have a letter that authorizes him to be here
on behalf of the respondent, I would like for that letter to be
introduced into evidence.
MS. PASSHORE: Okay. Ha'am, the letter that I received from Mr.
I. K. Steuart was directing me or req~esting from me to send any
further correspondences to Mr. Caruthers. ~t did not state at any
=~ ~ha= he wished for Mr. Caruthers to represent him for this
hearing.
MS. RAWSON: Well, if is he's not on the deed and we don't have a
let=er of authorization saying that he can represent Mr. Steuart, you
k~ow, we probably have a problem.
MS. POLEN: On December 13th of '96, staff received a letter
s~a=ing, the very last paragraph, 'Please direct all communications to
Mr. Caruthers first with a copy to this office. Mr. Caruthers will be
ac=ioning all directives mandated b~ your office, therefore, this
routing will expedite the Trust E compliance.
That's the only thing we have in our file.
CHAIRH~N KERRILL: I would ask that a couy of that letter be put
in the record.
MS. PASSHORE: It is also in the packet.
CHAI~d~N HERRILL: Is it?
MS. PASSldORE: Yes, sir.
CHAIRMAN MERRILL: Was Mr. Steuart notified?
MS. SULLIVAN: Yes, Hr. Steuart -- the -- the property owner's
correctly notified as well of the hearing, and I guess, you know, he
has =hosen not to be here, so I feel like staff has appropriately
notified the right person.
MS. RAWSON: I think probably that letter might suffice. That
sentence is pretty inclusive.
CHAIRM~N MERRILL: Okay.
HR. DeVITO: Do you have a page number on that?
MS. PASSMORE: Page 23.
MS. RAWSON: This is not the same letter that was read into the
record.
MS. POLEN: ~o, mine is dated December 13th of '96.
MS. RAWSON: I would like to have that one as an exhibit.
MS. SULLIVAN: Ye~, that would be staff's Exhibit 2, the packet
being staff's Exhibit
CHAIKHAN MERRILL: Hr. Caruthers, do you have any objection to
~ha= letter being put into our record? MR. CAR~THERS: No.
CHAIRM~N HERRILL: Then without objection, Exhibit 2 is admitted.
~o ~ou have any objection to the packet and the photographs being
adorned .~m~o evidence?
K~. C-ak~J~S: No.
C~AI~M~/~ KERRILL: Then without objection, Exhibit 1 is admitted.
Are thero any other exhibits from Code Enforcement that you know
of at this
Page 13
1 6(]1
September 12, 1997
MS. PASSMORE: No.
CHAIKMAN MERRILL: Kr. Caruthers, do you have any questions of
Miss Polen?
MR. CAR~: No. I don't think that she l>ointed out that the
litter mentioned was removed.
MS. POLEN'. Yes, that's not -- that was an observation that we
ma~e a~d Mr. Caruthers did clean up the site with the litter, and --
es w~11 as the air1>lane has been placed off of a storage status on the
ground onto a trailer which is mobile.
~ N~RRILL: Okay. Did you have any other questions of
Miss Polen at this ti~e?
MR. CAKUT~RS .. No.
CHAI~M~N MERRILL: Does any member of the board have any
questions of Miss Polen? No?
Code Enforcement, do you have any other witnesses?
MS. PASS~40RE: No, sir.
MS. SULLY: No, sir.
CHAIK~AN KERRILL.' ~r. Caruthers, this is your Ol~>rtunity to
~>resent any evidence that you wish to present. You may testify on
your behalf or call any witnesses. Do you have any witnesses to call?
HR. CARUTHERS: No.
CHAIRMAN MERRILL.. Do you wish to testify?
MR. CA~~S.. Yes.
CHAIRMAN MERRILL: Okay. Go ahead.
MR. CAR~S: When we received the complaint, we began working
on making all the corrections. There was a lot of litter on the
~>ro~>erty that some ~eo~le a~arently had used it as a dum~ prior to
our buying the pro~>erty. We cleaned that up.
There's a ~welling on the property that was built, as best we can
d,termine, in the late fifties. That has a septic tank, it has ~ower.
A~>arently the way the building is built, it must have been permitted
at that time, however, there's nothing on record that shows that it
was.
Now, it's not large enough to conform sizewise to current
requirements, so we a~lied or tried to ap~ly to the building
d~artment to add to the building so it would comply. At that time I
talked to Mr. Perico, and he agreed with what I had brought him. And
we took it out front and instead of letting us Just submit, they
wanted plans to study ~rior to our submission. The people out front
did. Then they informed us that since the building would be on piers,
on short piers, they would have to plan for that to be by an engineer.
We cosq~lied with that.
We took the plans in again and they kept them again for study~
An~ thi~ time they say that since the property is in the name of a
trustee, we can't a~ly for the ~ermit as owner/builder. So we're now
in t~ ~>~~ -- we have a builder. The addition to the house, the
384 ~eet, The cost is going to be approximately $2,000. However,
a~>are~tly, w must have a contractor do the ]ob, and we have arranged
for a contractor. And now we have to get the subcontractors'
affidavits, a~ we're in the process of doing that. And hopefully
Page 14
SeDtember 12, 1997
t~is time the~ will Just let us apply for the permit.
~C~AIKM~21 MERRILL: So you have made attempts to get a permit?
MR. CAR~S: Yes.
CHAI~]4ARMERRILL: And so far you have been unable to because of
one thing or the other that you ~ust talked about? MR. CARUTHERS: Right.
CHArRMAN MERRILL: It's your intention to bring the structure up
to co~fo~?
MR. CAR~1~ERS: Oh, yes, right, right.
CHAIKMAN MERRILL: And the other items that were mentioned,
~pecifically, we know about the trash being removed. The two travel
trailers?
MR. CARXIX~]~RS: Well, there's one there which is being removed,
will be removed shortly.
CHAI]~4~NMERRILL: And it's being taken care of. Anything else
yo~ want to say before I -- MR. ~: No.
CHAIKMAN ME~RILL: Any members of the board? Mr. Bradeen.
MR. BRADEEN: Does s~bo~ live in that?
MR. C~: Pardon me?
MR. BRADEEN: Xs there somebody living in this?
MR. CARUTHERS: Yes. We can't leave it unoccupied. It would --
there's too many people looking for a place to stay, so we have
someone there looking after it.
MR. BRADEE21: I mean, is it a tenant in there or what's the
status of the property?
MR. CARUTHER~: He's not being charged rent~ he's Just staying
t~re.
-MS. TAYLOR: ~hat about the -- what about the sewage line? Is
that still leaking?
HR. CARUTHERS: No, that was fixed.
MS. TAYLOR: I'm up here.
MR. CAR~: Oh, I'm sorry. I couldn't ....
~S. TAYLOR: ~t about the airplane? Who flies this airplane?
MR. CARUTHERS: The man that's staying in the house. It's an
ultra-light airplane, and he has it on a trailer there.
MS. TAYLOR: T~is man is not able to pay rent but he has an
aiz~lane?
MR. CAR~: It's not that he's not able to pay rent. We
asked him to stay there to protect the property.
MR. ~RADEEN: ~ anyone else living in the trailers?
MR. CARUTHERS: No.
MR. BRADEEN: When do you think you will have the package ready
to go for a building permit?
MR. CARUTHERS: We will have everything -- we had hoped to
yesterday. We couldn't get all of the signatures we needed.
~afully the first of this week -- next week we will be applying for
r. he ~armit.
~. BRADEEN: And you're applying to make that little shack, I
~uese =woul ~ call it, bigger?
MR. CAR~: Right.
Page 15
._ ........... IlL ......... Jl_l.I ....... I ............................. Lll .......................................................... I
September 12, 1997
MR. BRADEEN: And then it will be given to a tenant or he will
still live there to watch the property?
MR. CARUTHERS: Well, when we have that done and it complies,
then it will be rented to a tenant.
MR. BRADKEN: Is the property a business of some sort?
MR. CARIZrHERS: No.
MR. BRADEEN: It's strictly a little house with all these things
MR. CARUTHERS: An agricultural property. And as I say, the
house was built probably 30 years ago.
MR. BRADEEN: Could I ask staff if he -- if Mr. Caruthers submits
his package the first of next week, when do you feel he would hear if
his package is approved?
MS. ~ULLIVAN: Well, we were Just discussing that. Normally, I
would say 30 days, but because this gentleman is not the owner of the
property, it will take him at least two weeks, Theresa tells me, for
this process and then we won't have time to get -- make sure we get
notice on the property owner before the next board.
CHAIRMAN MERRILL: Before we get into the mechanics of it, is
there any member of the board that has any further questions regarding
the ~estimony of Mr. Caruthers?
MS. TAYLOR: I thought he said he was part owner.
MS. SULLIVAN: We don't have any verification of that as far as
records go.
CHAIRMAN MERRILL: Is that a question to Mr. Caruthers?
MS. TAYLOR: Yeah, it is.
MR. CARUTHERS: The property is owned by a trust and Mr. Steuart
is trustee of the trust.
'CHAIRMAN MERRILL: Are you a beneficiary of the trust, sir? MR. CARUTHERS: Right.
CHAIRNAN HERRILL: So if the trust were to dispose of the
pros)arty or give it to you, it could? MR. CARUTHERS: Right.
CHAIRMAN MERRILL: I understand.
Any other questions?
I am going to close the evidentiary ~ortion of the hearing, then,
and at this point in time, I guess -- are there any further arguments
or comments that either side want to make?
MR. CARUTHERS: No, I would just like to be given enough time to
process this.
MS. SULLIVAN: The only thing I would remind the board is this is
unusual in that it was a patrol case. We don't have any complainant in
this
I~. CARUTHERS: I'm sorry. There was originally. Mr. Kirby said
he wasn't there on a complaint. We never knew who made the complaint
or ....
~ MERRILL: Be that as it may. whether it's a complaint or
patrol rs~ll¥ doesn't make any difference right now.
MR. BR~: Can I ask the staff for clarification on something?
Is =he reason 30 days wouldn't work is because a pro,er notification
has to be sent ouc and received back?
Page 16
MS. SULLIVAN: Yes. We can't guarantee, you know, the notice --
the problem we're having with slow notice and if, you know, there's a
trust involved, we're going to have to notify all the beneficiaries of
the trust as well.
CHAIRMAN MERRILL: Let me see if I can kind of bring this down to
a head. You're agreeing that it's not -- it's in violation right now
and you're trying to make it conform? MR. CARUTHERS: Yeah.
CHAIRMAN MERRILL: Okay. Then do I have a motion as to the
findings of fact based u~x~n the evidentiary portion of the hearing
that we have Jurisdiction, that the property owners have been properly
notified, that it is in violation of the code as set out in the packet
with the exce~tions of the litter and the airplane now being taken
care of and one travel trailer being removed. Am I correct? And the
sewage line fixed?
MS. POSEN: The sewage line has been fixed.
CHAIRMAN MERRI~J~: So we're Just dealing with the non -- or the
lack of CO on the house?
MS. PO~;: Correct.
CHAIRMAN MERRILL: The house not being a permitted structure and
the one travel trailer?
MS. POLEN: Correct.
CHAI~ MERRILL: Do I have a motion to that effect?
MS. POLEN: And did you get a shed? I'm sorry. I asked a shed
also is on the property.
CHAIRMAN MERRILL: That motion has been moved. Is there a second
to that motion?
' 'MR. ~AVINSKI: Second.
CHAIRMAN MERRILL: Is there any discussion regarding the findings
of fact motion?
Hearing none, all those in favor of the findings of fact motion
indicate by saying aye.
Any
(No response. )
CHAIRMAN MERRILL: The findings of fact would indicate, then,
that there is a violation, and now we're to the point we need to
decide what we're going to do to get it rectified.
You're asking for some time to get it done, and I understand you
have made attempts to get it done, and it seems to be a new roadblock
every time you walk into the building on Horseshoe Drive. Okay. Do
you thiruk that it's going to take more than 30 days to get this
completed with what their proposal is?
MS. PASSMORE: If I may, Mr. Chairman, being that I used to work
in ~rmitting and process the permits myself, I did not process the
k~q forms like Mr. Caruthers will have to sub, it, but it is a minimal
~l~-~k x~iew process to go over a long form permit. That's just
~/z~tmal, m~ ']~: could take up to three or four weeks for him to even
get ap~ro%,al ~! the permit. And it may take him another week or so to
come in amd ~,/y the final fees that would be due on the permit.
CHAIRMAN MERRILL: Where are you in the process of getting the
Page 17
................. J. !
Sept~ber 12, 1997
permit right now?
HR. CARb~I~E~S: We're Just now assembling everything to apply.
CHAIRMAN MERRILL: When ~ y~ ~i~ ~ you will ~ rea~
~. ~~: ~n~y or
~I~ ~I~: O~y. ~d you ~ve lined uD your contractor
~. ~: Right.
~I~ ~I~: -- ~d done what you were info~ed you ne~
to ~ the 1~ t~ you w~t there? ~. ~: Right.
~~ ~I~: ~ you think ~t you c~ have it done in 60
~. ~~: ~e ~itting? Well, ell I can say is we'll
in for a
~I~ ~I~: You will ~ in for a ~it ~fore 30 ~ys,
~. ~~: Oh, yea.
~I~ ~ILL: ~d within 60 ~ys, do you think that we would
~ve ~ ~er
~. ~~: Well, he's stat~ t~t he would ~ rea~ to s~it
his ~c~ge ~ ~n~y. Per~Ds the ~ard would like to give a
for h~ to ~ve s~itt~ w~t the ~ilding d~ar~ent needs to revi~
it ~ ~en 60
~I~ ~I~: ~t is Drolly a g~ suggestion, ~t let's
~s~ t~t it's ~ne Fri~y of next week. Sixty ~ys from today's
hear~g --
~. ~~: ~t should ~ sufficient.
' ~I~ ~ILL: -- is still well within a reasonable window?
~. ~L~: Yes, ~c~t t~t I ~uld suggest that it ~ the
~ard ~eti~ after n~t, so i~ ~uld ~ the N~~r meeting
coi~ with t~t ra~er ~ saying 60 ~ys.
~I~ ~I~: I ~rat~. Yes, sir.
~. B~~: Is it y~r in=~ti~, ~. Ca~thers, to have --
once the ~it is ob~in~, ~o go right ahead with the const~ction?
~. ~~: Yea.
~. B~: In other wor~, you won't get the pe~it ~d let
~. B~~: ~. ~i~, I ~hi~ ~his d~'t gr~ ove~igh=.
~. ~=~rs s~ like a sincere ~rson ~d I think he is ~ing,
~ I ~i~ ~ should g~ve h~ ~e ~ he ne~ =o do =his.
Would a ~=ion ~ ~ order ~o ~ve ~. C~hers s~i~, no l~=e~
~ a ~ek fr~ ~y, ~ich ~ld ~ S~=~r 19th, ~d his 60 ~ys
-- ~ ~o ~he next ~ard -- th~s ~ard ~eting, which is the 14th, I
~. ~~: ~ s~ff ~uld sugges~ is ~ Mr. Ca~thers
r~i~ ~u ~i= =o =he ~ildi~ de~r~nt ~he approve, ~d ~ve
~s~ ~ =~ ~r=~ his a~r~al, ~ Nov~r 12~h, =o give s~aff
=~ =o ver~ ~e~=hing.
~I~ ~ILL: But let's break ~= d~ for a second.
Page 18
September 12, 1997
Mr. Caruthers, will you be able to complete your application by a
week frown today?
M~. ~: Yes.
CHAII~N MERRILL: So if the motion is that you make the
at~lication by a week from today, and then you need to have it
a~proved and posted on the property by our November meeting which is
MS. ~D'~L~:. November 12th. Our meeting is on the 14th, and
that woula give us' ti~e to verii~f everything.
~ ME. tILL: November 12th; does ~hat sound satisfactory to
MR. ~rn~.~S: That's fine with me as long as we don't run into
any ~ore hitches.
~ MER~/I~: I uz~arstand.
Is that your ~otion, Mr. Sradeen?
MR. ~DEEN: Yes.
MS. SULLX%rAN: Mr. Chairman, X would also rec~maend that if he
would stipulate to notice today of that next hearing?
C~TJ~MP~N MERRILL: What she's askin~ you to do is to agree that
you have now been motified that t~ next meetin~ that you would have
~ attend, if you're not in c~liance, would be November the 14th at
8.'30 ~n ~/s very room?
CKA~ )iEa~ILU: Do you agree to that?
MR. ~: Right.
~ MERRILr,: We have got that stipulation.
An~ o~her discussion on Mr. Bradee,'s motion, and did we ge= a
second on ~h~t?
- *MR. DeYiTO~ I will make a second.
CHA~ )maaILL: we do have a second. Do we have a dis=ussion?
Any further discussion? No discussion.
All those in ~avo= of ~he motion indica=e by saying aye.
All
(No reoponse. )
CHAIK)OdI MEaflILL: Motion carries unanimously.
Thank y~u, sir.
MR. OXE,ET= I do have another picayunish ~hing. I think we have
some wron~ dates and, you know, I look at ~hsse things. Page six, are
~/Jose dates a/1 accurate where ~ say 1996, °97, and go back
I mean, it's L'ylx~ra~hical ~Lu~s, but I think, you know, we need to
have a little better ....
HR. BRADEKN~ You Man ~he sequence?
KR. OXLEY: Yeah. It says June 5~h, '96; July, '97; July, Au~4~s~
and t. ben i~ goes back =o October, '96. You know, it's lust a
~hical thin~. They typed it '97 instead of a '96, I =hink.
But ~ is, you know, minor, but at some point in time i~ could be a
problmn.
CHAIP. MM~ MERRILL: Please ta~e not~.
CHAIRMMd MERRILL: Thank you.
Page 19
September 12, 1997
New business, Item A, Board of County Commissioners versus
Elizabeth Anton Trust, request for im~osition of fines. You're up, Miss Polen. You're not off yet.
MS. SULLIVAN: This is another instance where we have not gotten
the green card back and we did not go the advertising route because of
the expense because it's only an im~osition of fines. Miss Anton
speaks to Miss Polen regularly and, I mean, she's -- she's aware of
it, but sha hasn't signed the green card. MS. POLEN: I called her twice.
CHAIRMAN MERRILL: You're still under oath from the last hearing,
Miss Polen.
MS. POLEN: Okay. I called her twice to mention to her the
meeting was today and she did not return the call. I left messages on
an answering machine at her residence.
CHAIRMAN MERRILL: I am not comfortable proceeding with an
answering machine message. I don't know if anybody else on the board
-- Miss Rawson is shaking her head no on holding it.
~R. BRADEEN: Did you speak to her directly at all about the day?
~t~. SULLIVAN: No, that was last time, I think.
CHAIRMAN MERRILL: Where is Miss Anton residing?
MS. POLEN: In Miami, Florida.
CHAIRMAN MERRILL: May I make a suggestion? Why don't you get a
process server to serve her? MS. POLEN: Okay.
CHAIRMAN MERRILL: They will probably charge you 35 bucks to do
it.
MS. SULLIVAN: That's not a problem. We Just -- we were hoping
we would get the green card back because it was imposition of fines
and we knew that she was aware of other things that have been going
on.
MS. POLEN: On August 5th of '97, I called Mrs. Anton, told her
the case has been removed from the August 8th meeting and will not be
heard this coming Friday morning. I mentioned a notification will be
sen= to her for the upcoming September 12th CEB meeting.
CHAIRM~R ~L~RRILL: And we don't have the green card from that
notification.
MS. SULLIVAN: No, sir.
When was that sent, Theresa?
MS. PASSMORE: It was sen= out August 29th.
MS. SULLIlrAN: So there's been, you know, sufficient time for us
to ge= it back.
C~AIRMAN MERRILL: Without notice, I have no alternative other
than to remove it from the docket. Bring it on when you have got
noticm~.
Xtem D, Board of County Commissioners versus John R. and Emily
~2;. PASSMORE: Mr. Chairman, at this time we will be requesting
to file an ~Affidavi= of compliance.
CHA~ ~ILL: Okay. That matter has been closed and is
satisfactory?
MS. SUL%1~JAN: That's correct.
Page 20
September 12, 1997
CHAI~ MERRILL: Very good.
Board of County Co~issioners versus Mark Geatches, compliance
status reg~rt.
MS. PASSMORE: Yes, Mr. Chairman, on the last board meeting that
we had here, there was an order given. The -- Mr. Geatches' attorney,
I had s~oken with him over the phone and he chose not to appear for
the hearing. We did have the order that a permit was to be obtained
by this week. No ~ermit has been obtained by Mr. Geatches or any
other re~res~ntat ive.
CHAIRMAN KERRILL: Can someone with the records reflect, did we
address the issue of non-com~)liance in our order?
MS. PASSMORE: In the order, Mr. Chairman, I believe they were to
obtain a permit by September 10th. If the respondent did not correct
~he violations on or before the 12th day of September, then in that
evexlt the respondent is hereby ordered to pay a fine of $50 per day
for each and every day any violation described herein continues past
said date.
CHAIRMAN MERRILL: And as I understand it, by operation of that
order, that fine automatically goes into effect.
KS. SULLIVAN: That would be our understanding.
CHAIRMAN KERRILL: Miss Rawson, is that your understanding?
MS. RAWSON: That's correct.
CHAIRMAN MERRILL: So there's nothing more for us to do other
than thank you for the status re~ort and the fine is going into
effect.
MS. SULLIVAN: That's correct. We don't have any notice problems
on this one.
CMAXRF~hN MERRILL: Ail right. Anything else on that?
' ~ovin~; on to Item D, Board of County Commissioners versus Robert
~{. and Greta Dobkin.
MS. PASSMORE: Yes, Mr. Chairman. On this, if ! might refresh
~be board's memory a little bit, this is a two-story structure, like a
stilt home, that was enclosed in the bottom, and Mr. and Mrs. Dobkin's
attorney, ! believe it was Ann Frank, was here. Apparently, according
to ~aria Cruz, they have applied for the demolition permit. The
tenants are out. Evez~hing is under way according; to the agreement.
C;{AX~ ME~RXLL: Okay. Very good, thank you.
! should have asked before, any questions of any member of the
~oazd as to those reports? Anyone want to find out anything else?
(;oin~ to old business, you had an item under old business, Miss
Sullivan?
MS. PASSMORE: Mr. Chairman, at this time I have been informed we.
do need to go ahead and file an affidavit of compliance on the Dobkin
C~%IRF~_N ~2~RILL: Okay. You will prepare that?
I~. ~"~IVAN: Right, and then they will have the other 30 days
and we vil~ 2~ing that back on the next meeting.
C~A~ ~2~RILL: Okay. You had some old business?
MS. SULLIVAN: Old business. ! had come before the board trying
to straighte- out these notice provisions and asked that the board
Page 21
September 12, 1997
give me permission to go ahead and send certified mail, post, and
advertise, do anything ! needed to do at once so I didn't have to come
back and keep taking these cases and continue them and taking them off
the docket. Jean and the attorney for the north board had discussed
the issue and I was informed at the last north board meeting that our
ordinance does not allow for posting. It says that we shall notify
people by certified mail and then, at the option of the board, you may
advertise or whatever, but it doesn't mention posting. So I have put
forth a request for legal services to the County Attorney and asked
him to amend the ordinance, because the state statute allows for
posting and, you know, it's inconsistent and that would solve some
problems for us. So that's under way; I hope to get it back by next
meeting.
MS. RAWSON: That was going to be my report today. You took the
words almost completely right out of my mouth. That is correct. I
think =hat when the county ordinance was adopted, they missed it.
And, you know, the words are all the same except they leave out =hat
very important word posting. So hopefully we can get that alleviated
so ~hat the staff doesn't have such a problem with notice. CHAIRH~N MERRILL: Anything else on old business?
MS. SULLIVAN: No. I would Just say notice has become a lot more
complicated than getting compliance in these cases.
CHAIRHAN HERRILL: Any reports? Miss Rawson, do you now have a
report?
MS. RAWSON: No, that was my report.
MS. SULLIVAN: Sorry, Miss Rawson.
MS. RAWSON: Well, that's okay. As I have told this board
before, I try to talk to the attorney from the north board in terms of
poli~y and what we do and minutes and rules so that we are always
consistent, and so I am glad to know that we are in -- consistent on
this one, too.
CHAI~M~ MERRILL: Did you say inconsistent?
MS. HAWSON: Consistent.
CHAIJOL~N MERRILL: Oh, okay.
HS. RAWSON: We are consistent.
CHAI~HAN HERRILL: Thank you.
Anyone else from the board have any con~nents to make?
HR. D~VITO: Yeah, on the new business, when we do bring up Miss
Anton aga~l or anybody like that, can we have the complete package? I
guess --
MS. PASS,ORE: Yeah, I can go ahead --
HR. DeVITO: I had -- I had chicken scratches over here and, you
know, and ! Just happened to look at it. And I know we did have a
problem wi~h that green -- the green card, and I was trying to figure
out what was that problem there. And it was that we couldn't -- we
couldn't find her. And at least if I get the whole packet, you know,
~hen I go through it again, I know what we missed.
MS. PASS~X~E: Do you man like the entire packet that we would
~11y have ~ubmitted as if we were h~aring it as a new business
ca~e?
HR. DeVITO: Yeah.
Page 22
Septe~:~er 12, 1997
CHAIRMAN MERRILL: Let me make a suggestion. Rather than
rec~Tying it for all the members of the board, why don't you have one
available?
MS. RAWSON= I have always got mine with me, too. I keep them
every month. That book is getting fat.
MR. DeVITO: There's one other thing I want to ask the counsel.
Let's say I wasn't present at the June 13th meeting and we made some
decisions, and now I come in today and again this is up on the new
business. Can I vote on this, not having prior knowledge? I guess it depends on what the vote is.
Fine, on a fine. That's what I was looking at.
If you didn't --
I should have knowledge if I'm going to fine
Okay. No, if you didn't hear the evidence at all
that was presented and now the vote before you is whether or not to
fine the lady, you know, if we had an evidentiary hearing and we have
already levied the fines, it's Just going to be perfunctory. We're
Just going to follow the order, but if there's something that was
continued from that case and you didn't hear all of the evidence, no,
I think you should probably abstain from the vote. But usually we
write the orders in such a way that this Just goes into effect. If
you found them not to be in compliance and you have levied the fines,
w~ ~ust do it.
MR. DeVITO: Yeah, thank you.
CHAIRMAN MERRILL: Anything else?
MS. TAYLOR: I Just want to say that I am very bothered by Mr.
Cadenhead's attitude when he came in here, and like putting us on the
s~t~ saying well, you either do this or I will do that. And this
bothers me tremendously. I think next time this happens, we need to
cut them off right at the knees.
MR. BRADEEN: Mr. Chairman, I have problems with Mr. Cadenhead's
attitude, also. As I told Mr. Cadenhead, he brought it to this ~oint
~ then he did not want this board to do what it has been authorized
to do. So he's not here, ! realize that, but I agree that -- with
M~BI Taylor that he has a Itrange attitude to bring before a board.
MS. RAWS(~4: That case is an example of when someone -- Miss
SaLu~ders is not here; I know she is out of the country. She would
have to abstain from the next vote because you closed the evidentiary
henxin~, and when we come back, hopefully, he's going to be in
c(xr~liance, bad attitude and all. If he complies, that's really our
Job. But assuming he's not in com~)liance and you have to vote to make
a Ju~u~Gt, that's an example of a case where you would have to
absZaiz2 siGce you didn't hear the evidentiary part of it and you can'~
base your vote o~ the record.
Ci~%IKMAN KERRILL: I am not going to co~ent on Mr. Cadenhead. I
will o~/~ say that he has a right to present his matter any way that
he wan~ ~Q. I wanted to make absolutely sure that Mr. Cadenhead
und~rstooc~ ~&t what he was saying was not in fact what was happening.
This was the 'Earing to determine the violation. He did not object to
the violation. He, in fact, admitted the violation, and if he does
Page 23
no~ c: .~ ~ a~ ~ n~ ~e~ing, I ~hi~ ~here is ~ o~r~i~~~
~ c~ld ~ ar~ ~ C~e ~orc~en= ~[, in fac~, we ~ve Closed
[~ ~r=i~.
~ere ~s a viola[ion. We should find h~ in violation ~d
pr~,':~d I don'= ~hink he's going to like it when -- when the
~~~ is brough~ up [~= he c~ no longer present the evid~ce, as
~ ~ i[, of a ~s~ hearing ~d ~hings. So tha~ ~y ye~ come to ~ss
~ [h~ again i= ~y no=. Ho~fully he ge~s i~ clewed up ~d ~his
~[[er is resolve.
~[hing else?
~. ~~I: I ~ Jus~ wondering here again in [ha~ par~i~lar
case, will C~e Enforc~n= -- if he's all,ed ~o keep [hose
refurbishing b~es [here, i~ jus~ smells =o me like [his probl~ is
going [o s~ar[ again ~d again and again. Will your office ~
~ching =~[?
~. ~~: ~is problem will pro~ly ~ ongoing ~cause of
~he ns=ute of wha= he's doing. We're going to have to monitor i~ for
li=~er. ~ere are also, X will.=ell you n~, in ~he course of
inves=iga=ing =his, we f~d several pro~r=ies close ~ =~= we will
~ve ~o a~ess n~ wi=h =he s~e probl~. I='s ~ ongoing probl~.
~ i='s like ~. Cade~ead alluded ~o, w~'s litter ~d wha='s
Bu~ e[aff's ~sition in =his case was he did no= ~ke a defense
i~ wean'= li==er and, you ~, we =rea~ed ic as such. ~I~ ~IL~: 0~7.
~. O~: As the pictures show, he does have a d~ster ~here
n~, ~d I asses he's going [o use a d~s~er. It's a large d~ster
so i~ should ~ake care of che probl~.
~. ~b~: You ~, al~s= a h~ed percen= of =he cases we
~ve'wi~h lib=er on cons=~c~ion si~es, =h~ ~ve a d~s=er, usually
within a f~ fee=.
~. 0~: I='s =he ~rkers' fault, no~ '=he individual =ha~ o~s
ir.
~I~ ~ILL: ~ we need wider d~s=ers or what?
~y[hing else? '
Ail rJghc. Hearing no=hing else, our nexC meeting dace is
OcLo~r fha 10ih, 1997. ~is meeting is adjourned.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:33 a.m.
COLLIER COUNTY CODE ENFORCEMENT
BOARD - SOUTH
TRANSCRIPT I"%EPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC.
BY DEBRA J. De. LAP, NOTARY PUBLIC.
· Page 24 ~
October 10, 1997
coo~ ~o~c~ ~ - so~ ~0~ 1 ? ~
Me= on ~is ~=e a= 8:35 a.m. in a ~ SESSION in Building
of =he G~e~n= C~lex, ~s= Naples, Florida, wi=h the foll~ng
members l~resent:
ALSO PRESENT
Rand~ E. Merrill
Guy Adams
Diane Taylor
Lynn Bradeen
Maurice DeVito
James bavinski
Lewis Oxle¥
Robert Lockhar:
Jean Rawson, At=orney for the Board
Maria Cruz, Code Enforcemen= Specialist
L£nda Sull£van, Code Enforcement Director
Const~ttn~ J
I'o:
Page I
COOE LrNFORCE~ BOARD OF' COLLIEI~ COUIqTY. FLORZDA
Dar. e~ October 10, 1~? a~ 1~30 o.clock
Loca~ion: Collier County Oovernment Cen~er, Adam. ~ldg, ~d Floor
3.
4.
APPROVe. OP' M'fIIUTF.3
Septee,bef 12. 1~?
A. ICC vi. Jose LuLJ and L~c~I& Cacece
' Request lot i~osLc&on o!
I. ICC vi. ~rk O. ~acchel
C. ~ vi, ~lizabe~h ~c~. Tr.
~e~sc ~or L~s~cion of ~&nel
g. KC v~. Ro~rt H. a~ Greta ~bk/n
Ylli~ of Af~i~Y/C of C~liance
Z. BCC vi. Start J. and ~n~ Ra~d ~
~ili~ of A~li~viC of C~liance
Noveed~er 14. 1~97
CZB No. 97-002
CEB No. 97-017
CZB No. 97-013
CEB No. 97-0II
CEB No. 97-014
October 10, 1997
CHAIRMAN MERRILL: At this time, I' 11 call the meeting of the
Collier County Code Enforcement Board South to order at 8:35.
Start with a roll call.
Lynn Bradeen.
MR. BRADEEN: Here.
CHAIRMAN KERRILL: James Lavinski.
MR. LAVINSKI: Here.
Rhona Saunders is excused.
CKAIRMAN ML:~RILL:
MR. ADAMS: Here.
CHAIRMAN KE~RILL:
KR. DeVITO: Here.
CHAI~MERRILL:
MS. TAYLOR: Here.
CKAIRMAN MERP. ILL:
(NO response).
CHAIRMARKERRILL:
KR. OXLEY: Here.
CHAI~N KERRILL:
Maurice DeVito.
Diane Taylor.
Robert Lockhart.
Lewis Oxley.
Randy Merrill is here.
We have a quorum.
Do X have approval of the agenda?
MR. BRADEEN: So moved.
MR. LAVINSKI: Second.
CHAIRMAN M~RRILL: Any discussion?
by saying aye.
MS. CRUZ: Excuse me --
All those in favor, indicate
CHAIRMAN KERRILL: Any opposed?
MS. CRUZ: -- Mr. Chairman, for the record, my name is Maria
Cruz% code enforcement specialist. There is an addition to the
agenda.
CHAIRMAN MERRILL: All right. Under which category?
MS. CRUZ: Under Item 7, reports.
CHAIRMAN MERRILL: Okay.
MS. CRUZ: Staff would like to add an item regarding the status
r~ort on the old code enforcement cases.
CHAIRMAR MERRILL: All righ%. With that addition, is there
approval?
Motion to approve?
MR. LAVINSKI: Yes.
CHAIRMAN MERRILL: All those in favor, indicate by saying aye.
Any o~posed?
(No response).
CHAIRMAN MERRILL: Approval of minutes, September 12, 1997, do we
have a motion to approve the minutes?
MR. BRADEEN: $o moved.
CHAIRKAN~]~'RRILL: A second?
MR. DeVITO: I'll second.
CHAIR)_'~MERRILL: Any discussion or additions or corrections?
rearing none, all those in favor, indicate by saying aye.
Any opposed?
Page 2
October 10, 1997
(No response).
CHAIRF~N MERRILL: We have no public hearings. We move right
into new business.
Item A, Board of Collier County Commissioners versus Jose Luis
and Lucila Carafe, request for imposition of fines. Staff.
~S. CRUZ: Yes, Mr. Chairma~, ~his case came before the board on
May 9th, 1997, and the board found Mr. Jose Luis and Lucila Catete in
violation and ordered the respondent to take certain corrective action
by August -- by August -- I'm sorry -- by July 8th.
There were two re-inspections conducted. One was done on August
18th. The other one was done on October 9th. Both revealed that the
violation is still existing.
At this time, staff would request that an imposition of fine be
filed.
In addition to that, the order stated that a fine of $50 per day
be imposed for every day that the violation continued. At this time,
we have a total of 93 days, and that adds up to $5,118. That includes
the county costs that the county took action to correct the violation.
CHAIP~4AN MERRILL: Okay. I noticed that in our packet, you've
given us an affidavit of noncompliance which has been sworn to dated
the 22nd of August and also a notice of hearing dated August 29th,
1997, and that indicates to the Catetes.
Do you have any indication that they received the notice?
MS. CRUZ: We advertised the notice, posted the notice.
OAlso, there was a relative that came into our office, and we
served them with a cop~ of the notice. The individual -- the
respondent, from what we hear, they are out of the country, and the
relative informed us that they were going to contact the respondent
and advise them of the violation.
CHAIP,~J~{ KERRXLL: Ms. Rawson, is that sufficient notice for
this?
MS. RAW$ON: If they gave it to them personally -- if you
personally handed it to a relative who accepted it, I think that's
probably good notice.
MS. CRUZ: And we did.
CHAIRMAN HEP~ILL: Is anyone here on behalf of the Catetes?
HS. CRUZ: No, sir.
CHAIRMA/q KERRILL: Well, let the record reflect that there are no
members of th~ public present.
Do I have a motion regarding the proposed order imposing the fine
or lien?
MR. BRADEEN: Mr. Chairman, I move that we impose the fine as
recommended by staff.
CHAIRI~AN MERRILL: Do I have a second to that motion?
MR. LAVINSKI: I'll second it.
CHAIRMAN MERRILL: Is there any discussion on that motion?
Hearing no discussion, I'll call the question. All those in
favor of the motion, indicate by saying aye.
Any opposed?
(No response).
Page 3
October 10, 1997
CHAIRKANKERRILL: Motion carries.
The next case is Board of County Commissioners versus Mark
Geatches, request for imposition of fines.
MS. RAWSON: Can I ask one question? Could you tell me what that
fine is again?
CHAI~ KERRILL: The packet, it's $50 a day. There's a
proposed motion or order in the packet. MS. RAWSON: The total.
MS. CRUZ: The total is 93 days times $50 equals 4,650 plus 375
that the county ~aid to abate the violation, county costs.
CHAI~ KERRILL: Excuse me. How much did you say the total
was?
MS. CRUZ: A total of $5,118.
CD{AIRMAN KERRILL: I thought you said 40,000.
Okay. Moving to the next case of Mark Geatches. Staff.
MS. CRUZ: Yes, sir. Mark Geatches, Case Number 97-017, this
case came before the board on August 8th, 1997, and again, the board
issued an order stating that Mr. Geatches is to take certain
corrective action by obtain£ng a building ~ermit. We have a record
that reflects that Mr. Geatches, as of yesterday, has not taken any
corrective action.
At this time, I'd like Investigator Passmore to speak to the
board. I believe she has some information that -- regarding this
case'MS. PASSMORE: Good morning. For the record, I'm Teresa
}Passmore, code enforcement investigator. The reason why I'm here this
morning is on behalf as -- Mr. Geatches, being a friend. We were
schoolmates together.
'MS. CRUZ: Excuse me, Mr. chairman, we need her sworn in.
CHAIRMAN ~ERRILL: That's fine.
(Ms. Passmore was sworn].
MS. PASSMORE: As I said, I am a schoolmate of Mr. Geatches, and
he did ask me if I could just simply relay information to the board
for it to be put on the record before we actually go through filing
the imposition of fines.
Mr. Geatches first wants to apologize for his nonappearance at
the last board meeting and, again, for today. The first board
meeting, he was under the impression that his attorney had taken care
of the situation being that he was represented by an attorney. He
found out the attorney did not, and this morning, he apologizes again.
Me is self-~lcyed, lawn maintenance business. He said it would
create a great hardship on him if he were to lose an entire day's work
to come down here.
Apparently, he has been going to court with several attorneys
over a disagreement of ownership of the property. He had an, I guess
agreement for contract with a Patricia Ferguson. He was going under
the advis~ment of two other attorneys, that he has told me, that told
him that that was, in the State of Florida, a legal mortgage deed, but
then, again, he turned around and told me that he was receiving
payments from Ms. Fergeson and he was, again, turning around and
Page 4
October 10, 1997
making the payments to the bank. k~atever reasoning, I don't
u~derstand where all that was coming from in the court.
He has since gotten two additional attorneys who had advised him
to go forward with a foreclosure against Ms. Ferguson to regain
control of the property.
Re went to court over -- the first time, and after he had filed
the legal documents to go forward in court, an additional party was
introduced into court that day. She apparently had a quitclaim deed
over to a Mr. Douglas Carter who is a neighbor.
Mark has stated to me that he was unaware of any of the changes
that were made to the home other than information from us going
through his attorneys. He has gone under the advisement of his last
attorney that this has already cost him over $14,000 going through
court procedures and so forth. He has given up. Apparently, the
house is in foreclosure. Bank America will be, apparently, filing the
court procedures by the end of this month.
So, he asked that I pass this information on to the board before
the impose of fines.
CHAIRMAN KERRILL: So, he expects the fines to be imposed today?
MS. PA$SMORE: Yes, he does. He's fully aware. He understands
our situation, but he did ask if I -- he Just wanted it on record as
to, you know, why his nonappearance has occurred and so forth.
CHAIRMAN MERRILL: Very good. It's on the record.
Any questions of Ms. Passmore?
~. BRADEEN: Whose name is registered -- or at the clerk's
office, who is shown at the clerk's office as the owner of the
property?
MS. PASSMORE: Mr. Geatches originally has a mortgage deed from,
I believe, from a Ms. Hammond -- originally purchased the property
from a Ms. Hanu~ond.
He had a contract for deed with a Patricia Ferguson. There was
no document filed that she had fulfilled that contract with him. So,
again, after he filed the procedures to go forward and take possession
of the property back, she had signed a quitclaim deed to the next door
neighbor. So, then there was a third party involved, and the judge,
apparently, had dismissed the case pending another court case with the
third party involved.
He's completely given up with funds. He has no funds to file any
documents any further in court, but he is the owner of record, and the
bank, apparently, does not recognize the contract for deed to go after
M~. Ferguson either.
CHAIRMAN MERRILL: Any other questions?
MS. TAYLOR: If -- if this were not a friend, how would you look
at this?
MS. PASS~,ORE: Well, he is shown as the record -- on the records
as the property owner. I would be requesting the imposition of fines
whether I would be a friend or a coworker. Like I said, we were
schoolmates, in bands together, and he had Just asked if I could do
this, and 1 told him I would do this only because he was a friend on
the record.
Page
October 10, 1997
MR. PeVITO: What does it cost to get the building permits?
MS. PASSMORE: I don't know if there was any electrical work done
on the interior of that garage or not. There was structural changes.
I kn~w that there was a door and a window that was put in. Probably
less than $100 for the permit.
(Robert bockhart is now attending the meeting).
CHAIRMAN MERRILL: Any other questions?
I have some -- I notice in our packet that there's a notice of
hearing for today's date. Has that been served on Mr. Geatches? MS. CRUZ: Yes, sir.
CHAIRMAN MERRILL: How was that served?
MS. CRUZ: Certified mail.
CHAIRMAN KERAILL: Do you have the return receipt?
MS. CRUZ: Yes, sir.
CHAI~ MERRILL: Could you put that into the record, please?
MS. CRUZ: I sure can.
At this time, I request that the certified receipt be marked
Exhibit A, Case Number 97 -- I'm sorry, Exhibit C, Case Number 97-017.
The reason I'm marking it Exhibit C is because Exhibits A and B were
the --
CHAIP/~AN MERRILL: The notice and affidavit?
MS. CRUZ: The first packet when the public hearing was heard,
and it still has the case number.
CHAIRMAN MERRILL: That's fine.
Any objection to the marking and admission of that exhibit?
Hearing none, it's admitted.
Okay. So, he's noticed for this hearing. There's been an
affidavit of noncompliance filed as of September 17th, 1997.
'Staff, are you asking us to impose the fines that we found as a
conclusion of law and order of the board back on the 15th of August,
1997; that is the amount of $50 per day? MS. CRUZ: That's correct.
CHAIRMAN MERRILL: Do I have a motion to that effect?
MR. BRADEEN: Mr. Chairman, I move that we impose the fine as
recommended by staff.
CKAIRF,~N MERRILL: Is there a second?
MS. TAYLOR: I'll second that.
CHAIRMAN MERRILL: Is there any discussion?
Did you have something to add?
MS. SULLIVAN: The total for Ms. Rawson.
CHAIRMAN MERRILL: We'll get you a total in a second.
MS. RAWSON: I'd like to have a total.
MS. CRUZ: We have a total of 29 days times $50.
up to $1,450.
CHAIRMAN MERRILL: Now, the --
MS. RAWSON: Costs?
MS. CRUZ: One thousand -- no costs.
C~ MERRILL: It's been moved and seconded.
discussion -n the motion?
The total comes
Is there any
Hearing none, all those in favor of the motion, indicate by
Page 6
16G1
October 10, 1997
saying aye.
Any opposed?
(No response).
CHAIKKARKERRILL: Motion carries.
The next case is Board of County Commissioners versus Elizabeth
An=on Trust, CEB Number 97-013. Staff.
MS. CRUZ: Yes, sir. This case was heard by this board on June
13th, 1997. Again, the board issued an order requesting Mrs. An=on,
the respondent, to take certain corrective action regarding the
viola=ions of Collier County Land Development Code. 91-102, Section
1.56 and Sec=ion 2.1.15. Respondent was to take certain corrective
action by July 11th. If the violation was not to be -- was not
corrected, then $100 be imposed per day for every day the violation
continued.
At this time, staff has =we affidavits of noncompliance, one
dated October 9th, and the other one is dated August 21st. These
affi~avits reflect that the violation still remains.
CHAIRMARMERRILL: Could you mark those as Exhibits A and B,
please or --
MS. CRUZ: Yes, sir.
CHAIRF~N KERRILL: -- wherever we are in the exhibit list.
MS. CKUZ: I request =hat these two affidavits of noncompliance
be marked as Com~osite Exhibit B.
CHAIRMAN KEKRILL: That's fine.
Is =here also -- is there also a notice of a hearing in this
case?
MS. CRUZ: Yes, sir.
CHAIRMAN MERRILL: And how was that served?
'MS. CRUZ: Certified mail and Dosting.
CHAIRMAN MERRILL: Could you mark the receipt for certified mail?
Was it received, signed for?
MS. CRUZ: Yes, sir.
CHAIrmAN MERRILL: Could you mark that as =he next exhibit?
MS. CRUZ: Actually, I can mark it combined with the --
CKAIRMARF~RILL: C~osite B.
MS. CRUZ: -- Com~osite B as one of those pages.
~tAIRMAR MERRILL: That's fine.
Are you moving that exhibit at this time?
MS. CRUZ: Yes, sir.
CHAIRMAN MERRILL: Any objection to the receipt of Exhibit B
Composite at this time? Hearing none, that will be received as
evidence.
So, we have a notice of a hearing for today's date that was
served. We have an -- two affidavits of compliance (sic), and they
are no= in comDliance with our order dated the 24th of June, correct,
and you're asking for the imposition of fines as set out in that
order?
9~S. CRUZ: That's correct.
CHA~'N MERRILL: Do I have a motion to that effect?
MR. LAVINSKI: I'll move that the fines be implemented as
Page 7
October 10, 1997
required.
MR. BRADEEN: I'll second it.
CHAIRMAN~ILL: We have a motion and seconded that the fines
~.hat were ordered in the amount of $100 per day back on the 24th of
June be assessed. Is there any discussion on the motion?
Hearing no discussion, I'll call the question. All those in
favor of the motion, indicate by saying aye.
All those Ol;~)osed?
(No res~nse).
CaAI~~ILL: The motion carries.
The next case is --
I~S. RAWSON: Could I have those totals?
MS. CAUZ: Yes, ma'am. We have a total of 90 days, a total of
$9,000 be iu~osed.
MS. RAWSO~: No costs?
MS. C]IUZ: No costs~
MS. RAWSON: Thank you.
CHAIE}~N KE~RILL: Board of County Commissioners versus Greta.
excuse me, Robert H. and Greta Dobkin. Staff.
MS. CRUZ: Staff has an affidavit of compliance to be filed at
this time. This board -- this case came before this board on August
8th, and the board found the respondent in violation and ordered the
respondent to take certain corrective actions.
We have this affidavit reflecting that a reinspection was
,~,¢or~ucted on September 11th, 1997 and revealing chac the corrective
~actio, s were taken.
CHAIRNAN KERRILL: They were taken?
MS. CRUZ: Yes, sir.
'C~AIRMAN MERRILL: So, this case is closed? MS. CRUZ: Yes, sir.
CHAI~ MERRILL: Any guestions of staff regarding the Dobkin
matter?
Case closed.
Next case is Board of County Co~nissioners versus Stuart J
Raymond and Nancy Raymond, Tom V. Williams and Ellen B. Williams.
Staff.
MS. CROZc Yes. This case is Case Number 97-014, and it appeared
before this board on July 14th, '97, and the board held a public
hearing and issued its order in this case, ordered the respondent to
take certain corrective action on or before September 22nd, 1997.
There was a reinspection done on September 29th revealing that the
corrective actions were taken.
CHAIRMAN MERRILL: Very good. Any questions of staff from the
board?
So, chis matter is also clo~ed.
MS. CRUZ: Yes, sir.
CHAII~RHKR~ILL: That concludes our new business.
Any o1~ business? No business from anyone on the board or staff?
MS. CPa~ No business from staff.
CHAI~ KERRILL: Move into reports; staff, do you have a report
Page 8
1/)Gl
October 10, 1997
on status?
I~S. SULLIVAN: I am pleased to announce that we have cleared up
all the cases that were waiting for me when I got here and all our
~as= cases. We're even.
CHAIP.~D~N ~EKRILL: Very good.
Any other further reports?
With that report, let me ask you, at this moment, do we have any
necessity of having the November 14th meeting if we have no business
to conduct?
MS. CRUZ: We may have one case.
CKAI~ ~RRILL: Very good. We'll leave it on for November
14th. If we do not have the case, please notify the board that -- KS. CRUZ: We'll do that.
CHAIRI4AN KERRILL: -- there is no business.
KS. SULLIVAN: If there's -- yeah, if there's compliance, we'll
try to get notice to everybody in plenty of time.
CHAIRMAN MERRILL: Okay. Great. No sense in wasting taxpayers'
money if we don't have to have any business. Any other reports?
KS. RAWSON: i have one.
CHAIRPIAN M]gRRILL: Yes.
MS. RAWSON: As you know, I always check with the north board to
be sure that we all are doing the same thing consistently, and I
talked to Mr. Yovanovich about the procedure they use with their
alternate votes. We have two alternates, as you know. One is absent
today. This is a seven person board. It takes four of you to
constitute a quorum. Today, we have one alternate absent, and of
course, Ms. Saunders is still out of the country.
'CHAIRMAN MERRILL: He came in late. He's here now. KS. RAWSON: Oh, I'm sorry.
CHAIRF~.N MERRILL: Let the record reflect that he's here.
MS. RAW$ON: I'm sorry. I've been looking somewhere else.
At any rate, all of the -- all of you don't need to vote is what
I'm saying. We only need seven persons to vote, and I'm looking back
at your organizational minutes of your meeting of March 14th, and it
appears that the alternates are in the following order; Lewis P.
Oxley, Robert K. Lockhart.
So, I would say if any one of the seven are absent, then Mr.
Oxley votes. If two of the seven are absent, then Mr. Lockhart votes.
If all seven of you are here, the alternates really don't need to
vote.
I mean, we want you to stay here and listen in case somebody
falls out of their chair, but we only need seven people to vote.
CHAIR14AN KERRILL: Let me ask this question then. If we have a
si~ua=ion where the seven non-alternate members, let's say ore has to,
for whatever reason, abstain from voting, maybe there's a conflict,
we've got a six/six tie, do the alternates vote?
MS. RAt. SON: That's a good question. If somebody has a conflict,
what I think you should --
OCHAIRMAN MERRILL: Or let me also phrase it one other way. Let's
Page 9
October 10, 1997
assume we have -- since we have two alternates, let's assume, again,
we have a conflict and we have a situation where the remaining six
vote four/two, do the alternates -- if the alternates vote on the side
of the two, we now have -- do we have four/four? So, it's sort of a
companion question to that.
MS. RAWSON: Oh, I can see this is going to get very confusing.
Let me -- let me say this about conflicts. We haven't had one yet
since I've been here, since you've been here. If you have a conflict
of interest, you need to say that on the record immediately as soon as
the case is called, say what the conflict is and excuse yourself from
the discussion, I mean, just leave the room, and then we'll call you
back when your case is over so that you don't sit here and influence
anybody during the proceedings, and that's happened over the years
that I've been serving on this board, too. I mean, it happens. So
then, you Just excuse yourself and come back for the next case. In
that case, the alternate participates in the discussion and in the
vote.
Now, what happens if all seven are here and -- well, you couldn't
have a four/three tie, so there won't be a tie if all seven of you are
here. So, if one is absent, then the first alternate is one of the
voters. If two are absent, then you have -- still have seven. I
think, you know, you need to have seven people voting.
The problem we are going to have is if we are down to only six
people here total and you have a three/three tie.
MR. BRADEEN: Does the chair vote in a tie or only in a tie?
MS. RAWSON: The chair always votes.
MR. BRAD£EN: The chair always votes.
'MS. RAW$ON: Did we Duc something in our rules about ties? I
don't think so. I don't know. Let's don't have that situation.
CHAIRMAn! MERRILL: We have an odd -- we have an odd number of
people on the --
MS. RAWSON: That's why we have seven.
CHAIP, MAN M~RRILL: No pun intended. We have an odd number of
~eople on the board, so --
MS. RAWSON: That's why we have seven so this won't happen --
CHAIP44AR MERRILL: -- as long as we don't have a conflict --
MS. RAWSON: -- and the reason --
CHAIP. MAR M~RRILL: -- in =heir absence.
MS. RAWSON: -- and the reason we have two alternates is because
this happened all the time before, that we were in a situation where
we either didn't have enough people here to vote or we had some ties.
So, that's why we have two alternates, and that's why nine of you are
here, so we won't have this problem.
You know, all I can say is I'll research it. I'll discuss it
with the county attorney and the attorney from the other board, and
we'll come _p with a plan that we all think is feasible that we all do
th~ sa~m~ wmy in case that situation should occur, but again, we were
hop£ng that that would not occur. That's why there's seven of you and
owe have two alternates.
Page 10
October 10, 1997
At any rate, back -- back to what I was going to say. Mr. Oxley
votes if there's only six of you here. Mr. Lockhart votes if there
are -- or if Mr. Oxley is not here, Mr. Lockhart votes so that we have
seven voters all the time.
CHAIRMAN MERRILL: I understand. If you'll get back to us on
that information --
MS. RAWSON: I certainly will.
CHAIRMAN MERRILL: -- and if any member of the board has any
question, they can contact you directly at your office.
MS. RAWSON: Well, sure, anytime, or if you have anything else
you want me to be researching for you, Just let me know.
CHAIRMAN HERRILL: Why don't you give your phone number so
everybody has it?
MS. RAWSON: 263 -- 263-8357.
CHAIRMAN MERRILL: Like me, you don't call yourself much.
MS. RAWSON: Well, actually I do. I call my office all the time
because I'm never there, and I shouldn't say this on the record, but
my home phone number is in the book also.
CHAIPJ/AN MERRILL: Well, they can stop after the meeting and get
your home phone number if they need it.
There's a question down here at this end.
MR. OXLEY: Yes, as an alternate, if all seven members are here,
can I still express an opinion?
CHAIRMAN KERRILL: I believe you still participate in everything
except for the vote.
~S. RAWSON: Right.
CHAIRMAN HERRILL: Yes.
'HR. BRADEEN: And Mr. Chairman, I will definitely not be here on
November 14th. I will be out of the country.
CHAIRMAN MERRILL: So, please let that be reflected as an excused
absence for November 14th. I believe Ms. Saunders will be back at
that time.
Any other reports, anything else, Ms. Rawson?
MS. RAWSON: That's all I have.
This is record time, I might add.
CHAIRMAN MERRILL: Anything else from anyone else?
I'll take a motion to adjourn.
MR. BRADEEN: So moved.
CHAIRMAN MERRILL: It's moved. Any objection?
We are adjourned.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:00 a.m.
CODE ENFORCEh]~NT BOARD
Page 11
October 10,
~%.N~PT pREPARED ON BEHALF OF GREGORY COU~T REPORTING
BY: Dawn Breehne
Page 12
1997
Phone (941} 403-2330
FAX (941) 403-2331
HOUSING AND URBAN IMPROVEME I ECEIVED
NOV 13 1997
MEMORANDUM
DATE:
TO:
FROM:
SUB.CT:
November 12, 1997
Suc Filson. Administrative Assistant
Board of County Commissioners
loanne Dalb~
Planning Technician '- "~(/~'' '""-'"'
Minutes of the Affor~le Housing Commission Meetings
Enclogd ~ thc approved minutes of thc following meetings of the Affordable Housing
December 12, 1996 - approved minute~ enclosed
January 27, 1997 - approved minutes enclosed
February 1997 - no meeting held this month
March I 7, 1997. ,q:q~:wed minutes enclosed
April 21, 1997 - there was not a quorum present
May 19, 1997 - approved minutes enclosed
June 16, 1997 - there was not a quorum present
No meetings were held in the months of July and August
September ! 5, 1997 - there was not a quorum present
If you have any questions regarding thc attached, please call mc.
/id
Greg Mihalic, D/rector of Housing and Urban Improvement
Misc. Corr~.~
Copies To:
AFFORDABLE ilOUSINC COMMISSION
AFFORDABLE IlOU$ING ADVISORY COMMITTEE
COLLIER COUNTY DEVELOPMENT SERVICES BUILDING
2~00 NORTH IIORSESIIOE DRIVE - CONFERENCE ROOM
DECEMBER 12, 1996 MINUTF, S
SPECIAL MEETING
ROLL CALl. . ABSENT PRESENT
Vanes,sa Fitz X
loan Gus~ X
lane Honon' X
Mark Lindner X
Bruce Mumm X
Dwight O~kl~ X
Mark Alom Smith X
Fred Thomm, Jr. X
Jack Williams X
StaffPrcsent: Grcg Mihalic, June Goodwin, Susan Golden, Joannc Dalbcy
Othcr$ Present: AL~ Codi
MINt/rF~
The meeting was called to order by thc Chairman Mark Smith at 4:30 p.m. There was a quorum
prcacnt.
Bruce Mumm made a motion that the minutes of the November 19 meeting be approved. Motion
~ ~conded and approved.
Susan Golden gave a report on thc City Planning Advisory Board meeting held on November 21.
Discussion followed.
Thc member~ip agre~l that it wu a good idea to change thc meeting date to Monday morning.
Fred made a motion that thc meetings be changed to the third Monday of each month at 8:00
a.m., Bruce seconded, thc vote wu unanimous. Since thc third Monday in January is a holiday it
was agreed to hold thc meeting on Monday, January 27 at 8:00 a.m.
Grcg stated there will be an affordable housing project going before thc next Planning
Commission meeting if anyone wishes to attend.
It was agreed that criteria for reviewing affordable housing developments should be established.
This subject will be discussed at the January meeting, Greg will bring copies of summary, site
plan and pertinent pages from the Density Bonus Agreement.
New Commission Mc-mba', Jack Williams, was introduced.
Greg stated that Mayor Bill Barnett has written a letter to the Collier County Board of County
Commissioners expressing his concern over the lack ora quorum at the AHC meetings this past
year. Greg said he, [Greg], had respond~ to the correspondence stating that new commissioners
had been appointed to thc AHC and things are being worked out.
Mark Lindner advised that on Tuesday a workshop meeting will be held in Miami by thc Florida
Housing Finance Agency regarding SAIL, Tax Credits, etc.
Susan asked if there were other things the commission wished to address in thc coming meetings,
in addition to the goals for 1997. Chainmm, Mark Smith stated he feels that with the projects
the commission i$ already undertaking he does not recommend thinking about anything else at
this time.
There being no further business, the meeting adjourned at 5:45.
· 1 6G1
AFFORDABLE IIOUSING COMMISSION
AFFORDABLE iiOUSING ADVISORY COMMITTEE
COI.I.IER COUNTY DEVELOPMENT SERVICT. S BUILDING
2500 NORTIi liORSESilOE DRIVE - CONFERENCE ROOM "G"
JANUARY 27, 1997 MINUTES
ROI.L CAI.I.
ABSENT PRESENT
Vanessa Fitz
Joan Gust
Jane Horton'
Mark LiMner
Bruce Mumm
D~t Oakl~/
Mark Atom Smith
Fred Thomas, Jr.
Jack Williams
X
X
X
X
X
X
X
X
X
Staff Present: Grcg Mihalic, June Goodwin, Susan Golden, Joannc Dalbey
The meeting was called Io order by Chairman Mark Smith at 8:!0 a.m.
Joan Gust made a molion that the minutes of the December meeting be approved, Bruce Mumm
seconded. The motion pas~xl by unan~ vole,
Susan Golden presented an up<late on the Joint llousing Elernent.
Chairman Mark Smith asked Grcg to lalk about the Density Borms Agreement. Copies of thc
alp'cement were handed out. Grcg explained how bonus density is acquired. Lengthy discussion
followed regarding establishing a criteria for the rotiew pro~. ~ stated he would bring
files, plan~, etc. for the commission to review if'tho/choose this ct'itc'da, and could even have the
developer pre. sent al a meeting. The question was present~ that this might cause one more
hurdle and additional delays for thc developer. Discussion continued.
Susan suggested thai it might be good if the commission would take a look at othcr communities
and counties and find out what thoy arc doing in their area.
The Chairman asked each member to express whether thcy feel the commission should continue
to look at establishing criteria for review proc¢~. Mark Lindner made a motion that the
commission continue to work at establishing criteria for thc review process, the motion was
s{x',onded · ,'id passed by unanimous vote.
1 6Gl
Bruce Mumm talked about the riced for residential lots for single Family homcs. Bruce askcd for
time on thc agenda m~ the ncxt meeting to di$cu~ this further.
Grog stated that thc ncw income limits havc been rclcascd. Housing and Urban Improvcmcnt
will bc shifting thc down paymcnt/closing cost u~tancc program and thc rchab program to very
Iow income familie~ only. Thc impact fcc will rcmain the samc. Grog said a lcttcr will bc going
out this weck to all mortgage holders annotmcin~ thc change.
Thgre being no further business, thc rnccting adjourned at 9:1 $ a.m.
16 1
AFFORDABLE HOUSING COMMISSION
AFFORDABLg HOUSING ADVISORY COMMITTEE
COLLIER COUNTY DEVELOPMENT SERVICES BUILDING
2800 NORTH HORSESHOE DRIVe., - CONFERENCE ROOM "G'
March 1'7, 199'/MINUTES
ROI.I. CALL
ABSENT PRESENT
Vaneasa Fitz X
Joan Gust X
Jane Horton' X
Milk Lindner X
Bruce Mumm X
Dwight Oakley x
Mark Atom Smith X
Fred Thomas, Jr. X
Jack Williams X
StaffP~t: Grcg Mihahc. June Goodwin, Susan Golden, Joanne Dalbcy
The met'ting was called to order at 8:10 a.m. by Chairman Mark Smith. There was a quorum
present.
The minutes of the Januao' 27 meeting were approved.
The Chairman asked for a report on the Housing Element upcoming hearings. June Goodwin
s~ated that she and C, reg Mihalic will be going before fl~¢ Planning Cornmisaion on Thursday
morning. Man:h 20 at 8:30 in the BCC board room, and would like to have as many members
attend as possible. They will also be going before the Board of County Commissioners on April
22 at 9:00. Upon r~uest Or:g stated they do not anticipate any problems with the Planning
Commission.
Bruce Mumm slated hc was not ready to talk about his single family homes item and would
continue it until a lat~ meeting.
The Chairman gated thc commission has talked about establishing criteria for reviewing
affordable housing projects. Greg remarked there have been nine affordable housing
development~ that went to the State for bond allocations on February 14. approximately S145
millions in projects for Collier County. Them projects were not approved and were put at thc
end of the lis. for all projects in the state. Greg said he heard two different reasons this was done.
I) we have so many affordable housing developments the state is not going to assist tts with
· 16 1
more, and 2) because wc have such a negative citizen and political reaction we do not dcsc~'e it.
Grog stated the truth is probably somewhere in between the two. Discussion followed regarding
what action ss, ill bc taken by the developers of these nine projects and the location of
developments that are ranked high on the list. Grcg stated that the commission may want to put a
hold on analyzing projects since there are nine developments that are not going forward.
June Goodwin reported she has been working with £DC on two community concerns, one of
which is the Section 8 federal housing program. Many of the Section 8 vouchers, or certificates,
are coming up for renewal. As they expire they arc no longer being renewed for the longer
terms, now thc), arc only being renewed for one year. There are two project based Section 8
developments in Collier County. Goodlette Arms for the elderly with 250 persons in thc County,
and River Park East with 96 families in the City. Susan Golden and Fred Thomas explained the
HUD voucher and certificate process. Discussion followed regarding the problems that will be
forthcoming if renewed certificates arc not issued. The EDC committee feels we should be more
on top of the IIUD regulations and monitor HUD actions more closely.
Another issue being pursued by rig EDC committee is the bonds and tax credits previously
discussed by Greg. The committee is proposing that we need to have a member on the Florida
Housing Finance Agency Board and they are taking the necessary steps to get a resident of
Collier County on that Board to look after thc interests of the County. Discussion followed.
Vanessa reponed on thc 501C3. Community l lousing Partnerships of Collicr County. Their
mission is stnctly afl'ordable housing for any population. Vanessa said she was able to get the
501C3 through the generosity of the David Lawrence Center. Their goal is to take the not-for-
profit affordable housing and eventually have it stand on its own and be a separate entity from
the Center. Discussion followed.
The Chairman stated that several interesting issues had been discussed today and suggested the
committee Select one at thc next mcc~ing to pur~ue.
It was also suggested that the commission invite someone from the EDC committee who had
been to the Tallahassee lo come to our April meeting and give an update on issues that were
discussed. This could possibly give the commission an idea as to which direction should be
taken.
There being no furthcr business to discuss, thc meeting adjourned at 9:20.
Thc next meeting will be hcld on Monday, April 21.
AFFORDABLE HOUSING COMMISSION
AFFORDABLE HOUSING ADVISORY COMMITTEE
COLLIER COUNTY DEVELOPMENT SERVICES BUILDING
2800 NOR'i'll HORSF. SHOE DRIVE - CONFERENCE ROOM "G'
1681
May 19, 1997 MINUTES
BOLL CALL
ABSENT PRESENT
Vanesu Fitz X
Joan Gust X
Jane Horton X
Mark LiMner X
Bruce Mumm X
D~t ~kl~ X
Mark Atom Smith X
Fred Thomas, Jr. X
Jack Williams X
Staff Pm~nt: Greg Mihalic, Joarme Dalbey, Don Milne, Lawrence Perez, Susan Golden
The meaing was called to order at 8:!0 a.m. by Chairman Mark Smith. Thee was a quorum
present.
There was not a quorum al the April meeting, therefore, there were no minutes to bc ,tpproved.
Greg Mihalic introduced Don Milne who administt'rs the SHIP Down Payment/Closing Cost
Assistance Program and the Residential Rehabilitation Program, and Lawrence Perm, who filled
Ron Cook's position and administers the CDBG grants.
$oanne handed out fact sheets on the Down Payment/Closing Cost Assistance Program,
Residential Rehabilitation Program and Impact Fee Waiver/Deferral Program. and also an
updated copy of the Coa.'~tal Urban Area Apartment list.
Don Milne handed out a breakdown of total closings Io date. Don explained how the dov,'n
payment/closing cost program works, income limits, etc. An applicant is entitled to S2.500
towards the down payment/closing costs and up to an additional $2,500 for repairs to bring the
house up to code. Don stated that currently we are accepting only very Iow income applicants.
Don also stated that U. S. Trust has put up as a funding additive S50,000 for very low income
families that a~e headed by a single parent, or $2,500, bring the total to S7,500 per family. The
U, S. Trust mon~ is to be used for down payment/closing cost only and not to be used for the
rehab portion. Since the beginning of the program we have helped 434 families into their first
home, approximately V, of the. se have bec-n flu'ough brokers and the banks right now are
averaging bet~, xn 30 and 40%. Going down into the very Iow income, it is done almost entirely
through brokol. Don stated that the majority of the loans through banks will probably be
coming through the Consortium. Because of the problems a lot ofthe banks are having being
able to quality Ix'opic the Consortium is acting as n great aid because of all thc up front work
they are doing. Don and Susan explained what thc loan consortium is and what they do. There
arc nine banks involved in the consortium. Basically it is a group of banks and they do all thc
preliminary work to pre-qualify applicants, and they also do a homcbuycr education service and a
coarse the3,' actually put each buyer through. Discussion followed regarding income limits and
how our department works with thc banks and brokers.
Don also reported on thc Residential Rehab Program and handed out a fact sheet ~,,'ith a
breakdown of total applications to date, and status of pending applications and hob' thc program
works. A total of,ti projects have been funded. This program has also dropped down to ','co'
Iow income only. There is a one year waiting period. An applicant must bc current in mortgage
payments, utility bills and in taxes and show proof of ownership in order to start thc process.
Greg stated that thc major problem with the program is obtaining contractors to do thc work.
Contractors must bc approved by the County Purchasing Department. Discussion followed
regarding contractors quali fications and how the bids are handled.
Chairman Mark Smith passed ou! copies of the original Ordinance (No. 91-65) creating th,:
Affordable llousing Commission. Mark stated he feels the commis';ion should rcvie,,v the
ordinance, in particular Section Seven. Functions. Powers and Duties of thc Commission. Items
A through F. Mark fccis scvcral of the items are no longer applicable at this lime.
Item A. - Thc monitoring ,flhe ltousing Element oflhe County's Growth Management Plan and
City's Comprehensive Plan - has just recently been completed.
Item B - No longer applicable.
Item C' - No longer apphcable.
Item D - Rcg:,rdmg I,nkagc and inclus~onary zomng recommendations, thIs ,,~'as never really
accepted by thc County ~low thc DR! project.
Item E - Rc~,,.~' and dclcrmmc Ihe effect of proposed ordinances on affordable housing. Susan
stated that this commission has not done this, and even thc SHIP Program requires that thc
commission rcvtew propo~d ordinance changes and determine what the financial impact is on
affordable housing.
Item F - Investigate any other relevant areas. Susan passed out a list of AHC goals '~'orksheet
that done by the original committee.
Chairman Mark Smith staled that after reviewing these items thc committee should stick with thc
original mandate for a while. Anothc'r option would be to ask the Board of County
Commissioners to expand on the mandate. Greg steted he felt the AHC should help the vis!bilit~'
of affordaE..e housing, to have a premier role in this and should be the liaison to the other
acti,,'ities that go on. If this is not done. the Affordable Housing Coalition is going to step up into
that role.
Susan handed out information on the Small Cities CDBG Program proposed changes. Susan
stated thc City gets a direct entitlement from HUD. Thc County will not receive entitlement
Irunds until it has reached a population or' 200,000, probably in a couple or' years. The entitlern~t
funds to be received by the County will be in addition to the SHIP t'unds. Greg stated that the
CE)BO t'unds received by HLa have nothing to do with SHIP or housing and t'eels it may not be
~opriate under this ordinance. Joan.ne stated there is mother advisory committee, The
Citizens Advisory Task Force, th~,t oversee~ C'DBG grants. Lawrence gave a brief presentation
on the S750,000 gr~t received fox Habitat for Hum~mity ~d Shellabarger, two projects in
Immokalce. The money is being used for infrastructure, roads, etc.
The Chairman stated that the next meeting will be held on June 16 and asked if there would be an
update on the Housing Element at that time. Susan stated the Housing Element will not go
before the City until thc ! 8~'.
Greg received information on the National Partners in Homeownership and stated hc suggested it
might be something this committee would be interested in delving into. He ,,,,'ill make copies
~d FAX to the commission.
There being no further business the meeting ~ljourned at 9:30.
1 6G1
RECEIVED
NOV 13 i99'/
~oard of Count~ C0.n, fssf0ners
COLLrr-R COUNTY LAN'DFH.,L & MATERXALS RECOVERY FACILITY
CITIZENS AD~qSORY COMMITTEE
OCTOBER 22, 199'7 ~G MINU'IT, S
Nancy Bisbee
Brad Corneg
B~o~m ler~d~
Soft Staiser
Tom Ha'ming
StafflJaison: David
Du~em~Hem'y
Bill Ba~cs, P.E., IC~ Boyd, APRP, Dick Michael, P.E.
J. W. Spem', P.E., David W'u'kLson, P.E., John Wood, P.E.
Addison, ,rm~ Stewart
(0
Mccdn~ wu (:sJled to mM' at 4:15 p.m. by the CAC Committee
~ Tnn C. mmsnt~ The ~-,,~ ~ the ~ wiO] a
review oftbe events mci CAC df(N'ts that I~ve taken place to date
(.)
Cba.b'maa Consta.,u~e immdtK:cd the CAC Commim~ md the Dufresae-
Inc., Team ~1 ~ sn cetera on the topics toe discu~on
Co)
The CAC approved the meeting notes ~ tt~ meeti~ ~d on
m. (.)
David W"u]cison 8zve an overview, U.lin8 ~ maps, ~the invc~&~tions
Um were ~ ~t the tt~e O)(:mrxtsse sites; A, L, a: u. 'ne
purpose of ~ ~ ~ ~ to ~ the measm~ae~ ofthe
g/sc. Cortes:
Oate:. ~
Item# /~,.~.
Octob~ 22, 1997
CAC Meeting M'mute~
Page 2 of 4
(c)
Site L is ~ oo Cotmly Road ~55, e~st of ~ Subdivision and
Camp KeaisRoad. The majodtyofthehmd ts a citrus grove with 3 small
wet. lands. Ther~ is a resi&mce and shop building in the citrus tr~a- The
we, lands ~,d threatcne~ u~d endanSer~ species, obscrv~oo of t~ grove
S}te A is loc~ed north of lmumkalee, west of State Ro~ 29 on Sta~e Road
soil ~ ~ound pm~tmio~ rnd~ ~ blolosis* ~e survey for
~ ~1 threst~ sad endangn~ spo:iet, obscrvuion of the Stove
She U ts ~ in ~0u~ Nai~e~ ~ ~) ~ ofU. S. 41 in th~ Six
L's Farm ar~ Th~ Du~, Inc., Te~rn ~ the site in
~ m~ thtmm~ ~ ~ ~ obm~ of tl~
l.w. Spear revkw~ the 23 enlus~iv~ criteria md, for each crite~
indicsted where re~iv~ (~ TM No.'s 1-4 or future TM No. S).
16Gl ',
October 22, 199'/
CAC Meeting
Page 3 o{'4
(c)
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TMNo. ~. I.W. Spear ~ th~thegruund msff, ingofthe criteria
will be in the TMNo. $ £or t{~ CAC to f~rther ~e each site.
Tom Henning asked wh~ch criteria would be included inTM No. 5. $.W.
Spear ex-ptained that the following criteria wt'II be ~ in TM No. 5:
Criteria No. 5, $, I 1, 14, 17, 21 and 22. Also, on-~ite wells.
the exception of clmaging the ~ schedu~ f'or December 10th to
~ ~I, 1997, mo6on pas~l.
Chairman Constantine encoun{e~ all CAC memben to be prese~ at the
December 16, 1997, Board otCounty Commissioners Meeting.
Publ'g cotmne~ sesaion hekl st n~'oxima~ 6:45 p.m.
Cor~'ne~ t~ ~a P~in,
· Consider haurmg ~ dam,g,: to roads, putting school
· C~~t
· Whytr~'t~'~~mdconsideringm~ Isa'tit
~ to $10/ton.
· Florida ~ m ~ ~ ~ mw ~'ru planning to bring in
Ck:mber 22, 1997
C^C Meeti~ ~m-aa~
Pa~ 4 or4
NEXT ~G: November 19, 1997, 4:00 - 6.'00 p.m.
~ Co. my Commtmloa Board Room
Minutes - l~e~ln~ of october lO, 1997
16Gl
SUMMARY OF RECOMMENDATIONS AND MOTIONS:
Minutes of August 8, 1997: Bob Cole moved to accept the minutes as presented;
seconded by Al LePain and carried unanimously.
6. LANDSCAPE ARCHITECT'S REPORT
Mike recommended spraying the site every month with insecticide and
requested that Advanced Lawn and Landscaping to provide him with a
schedule. Since there was much concern expressed over the services
be. lng provided, George Pearson will send a letter to Paul Duguay
requesting a copy ot' Iheir contract with Top Notch.
COMMITTEE REPORTS
A. George reported that he spoke with Mr. Bobanick regarding the affluent
connection but has not heard from him yel. George will contact Mr.
Clemmons.
Bo
After t'urther discussion, Bob Cole made a motion authorizing Steve
Fabiano to proceed with the installation of the affluent line to the source;
seconded by Al LePain and carried unanimously.
RECEIVE-D
NOV 1 2 t~97
of Lcdnt! Coa=lssioners
Co~atanttn~
Mac'~:te
lerr7 ~/"~
Misc. C0rres:
Date:. ~
Copies To:
z,¢Iy ~ol, f Estates ~¢aut~¢~t~on ~v~or~ Committee
,~~ - ~tI~j of tqoy~ba' 14, ~ 997
2.
3.
4.
Meeting called to order
Attendance
Approval of minutes of October 10, 1997
Reports
B.
Do
Advanced Lawn & Landscape
Tranq;x:nlalion Administrative Services
New Co~ructicm
i. Mike McGee, M<Gee & Associates
Commill'ee Members
i. George Pearson
ii. Al LePain
iii. Robert CoPe
iv. Robert Weyers
5. Old Business
6. New Business
7. Adjournment
NEXT MEETING: December 12, 1997
Golf Estatts seaut ¢atlon Advisory committee
of october
e
Meeting ~lled to order al 4:00 p.m.
Location - Facilities Management, Conference Room 111.
Attendance Taken - Present: George Pearson, Al LePain, Robert Cole, Robert
We)ers, members; Steve Fabiano, Transportation Administrative Services; Mike
McGee, McGee & Associates; Jeff Koetting, Advanced Lawn and Landscaping;
Jacqueline Si lano, secretary.
Minutes of August 8, 1997: Bob Cole moved to accept the minutes as presented;
seconded Ir/Al LePain and carried unanimously.
LANDSCAPE MAINTENANCE REPORT
Jeff advised that the crew leader has been terminated and he is now ,
supervising the job. He and Mike McGee conducted a walk-through this
morning and noticed some leal' spots; he will contact Top Notch, his
subcontractor, to spray the plants. There are dry conditions so the
irrigation contractor will be notified. Bob Cole noted a break in the system
on Pebble Beach Boulevard.
The cul de sacs have weed problems perhaps due to insects and dry
conditions.
LANDSCAPE ARCHITECT'S REPORT
Mike McGee reported that he felt that the irrigation system is working
properly since the moisture meter registered sufficient moisture. He felt
the poor conditions are due to chinch bugs, weeds and cutting the grass
too Iow and with a blunt blade which is a result of improper maintenance.
Mike will conduct another walk-through with Steve Fabiano and Jeff prior
to the. next meeting.
Mike recommended spraying the site every month with insecticide and
requested that Advanced Lawn and Landscaping to provide him with a
schedule. Since there was much concern expressed over the services
being provided, George Pearson will send a letter to Paul Duguay
requesting a copy of their contruct with Top Notch.
Copies of the quarterly maintenance report through September were
distributed and discussed.
TRANSPORTATION SERVICES REPORT
Copies of the Budget Status for lhe fiscal year were distributed and
reviewed. The committee expressed Iheir concern regarding the carry
fort, yard; Steve will follow up.
Steve noted lhat although he substantiated $2813.9.5 in damages done by
Ihe Utilities Department, he still has not received reimbursement.
8. COMh41TTEE REPORTS
George reported that he spoke with Mr. Bobanick regarding the affluent
conneclion bur has not heard from him yet. George will contact Mr.
Clemrnons.
After further discussion, Bob Cole made a motion authorizing Steve
Fabiano to proceed with the installation of the affluent line to the source;
seconded by Al LePaln and carried unanimously.
As lhere was no furthee business to discuss, Ihe meeting was adjourned at 5:40 p.m.
The next meeting has been scheduled for November 14, 1997, at 4:00 p.m., Facililies
Management, Conference Room 11 I.
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RECEIVED
NOV 1~ lgg7
of Ccun:.v Co~missioners
PARKS & RECREATION ADVISORY BOARD
WEDNESD/~y, No~embe~ 19, 199~
Golaen Gate Gommanlt:~ Peek
PARKS AND ~TION ADVISORY BOARD
AGENDA
November 19, 1997
Golden Gate Community Park
3.;00 Santa Barbara Boulevard, Naple~, Florida
The Park~ and Recreation Advhory Board meeting will be held Wednesday,
November 19, 1997, 2:00 p.m. at Golden Gate CommunitT Park, 3300 Santa Barbara
Boulevard, Naple~, Florida.
!. CALl. TO ORDER:
Il. PLEDGEE OF ALLEGIANCE TO TIlE FLAG:
IIL IN~'OCATION:
IV. APPRO%'AI. OF MINUTE.~. Oclob~- 22. 1997 Mee~in~ A 1-4
¥. AWARD PRESENTATION:
I. Attitude Award - Janice EJliott
:2. Attitude Award.. Bret Popma
VI. NEW BUSINF.~S:
I. Interview, for Parab positions [fl applicants)
B 5.-14
VIi. REQUESTS FOR DISCUSSION. SPECIFIC UPDATE ITEM
I. Request to Show Video Tape of Tree Det~tcation - Louise llasse
VIII. REPORTS/UPDATE$:
I. Monthly Report (October) C1.~-20
2. Regional Parks (Sugden, N. Naples, & S. Naples Community) Updates
3. Adopt-A-Park Report
D21
4. Parab Meeting Schedule D22
IX. ADJOURNMENT
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1
PARKS AND RECREATION ADVISORY BOARD
Joint County and City Advisory Board
October 22, 19~?
Miflut~
Golden Gate Community Center
4701 Golden Gate Parkway, Naples, Florida
PRESENT:
Timothy Blackford. Chairman
Joseph 7.ak,~
BiHie Cheney
Daphnie Bercher
Elaine Wicks, Vice Chair
Gayle L Senn
Gal bluefler
City of Naples:
Phil DePasquale. Chairman
George Dondanviile. ','ice Chair
Robert lamuri
llenry WatkinJ
Clark Russell
David Szempruch
ABSENT:
Al.SO PRESENT:
Maria Ramses', Director
Murdo Smith, Recreation Manager
Gary Franco, Parks Superintendent
Jacqule Ilarl, Secrtfary II
John Dunnuck, Operations Coordinator
L CALl. TO ORDER: The meeting was called to order at 2:20 p.m. --
IL PLEDGE OF ALLEGIANCE TO TIlE FLAG
ltl INVOCATION: by Sacquie Hart
tv. APPROVAL OF bIINUTES: September 24, 1997 meeting.
v. AWARD PRESENTATION: Chairman Blackford presented George Farrell
with an Attitude Award and congratulated him.
Motion by Joseph Z. skl to approve September 24, 1997 minutes.
Seconded by Gii Mueller. Passed 7/0.
VL INTRODUCTION:
board members.
An introduction was done by City and County
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VII. NEW BUSINESS/PRESENTATIONS
a. Proced,u,r,e for Rec0mmendine Projects - Sir. Don Wirth stated
that he met with Maria Ramscy., Parks and Recreation Director and tho,.
agreed .jointly on how projects will be recommended to the Parks an~
Recreation Advisory Board. The projects will be ro,'iewed by the Parks
and Recreation staff who v, ill then forward to Parks and Recreation
Advisory Board for ro,'iev,' and recommendation The City of Naples will
follow the same procedures The same information will be given to both
City ~d County Advisory Boards
Consideration Sponsorshio of Joint Recreation Program -
Sir. Winh stated that the Cambier Park is being utilized to the maximum
but would like to know if the County would accept or host some major
special o"ents
The City Board indicated that Cambier Park is over crowded v, ith o"ems.
Sir Wirth stated that since Collier County has more facilities it would be
great to direct some of these ~'ents to the County P=rks and Recreation
Department The Collier County Cultural Festival is a prime example of a
Major Special Event and the County is planning to utilize the City's Park
for next year's o,'ent
Ms Ramscy stated that the City has a perfect route for a parade and that is
one of the reasons why the County Cultural Festival ,,,,'as held there
Beach Parldnt Pr0cessin~ Fe~ - Nfs. Elaine Wicks discussed thc
fact that it would be a great idea if both City and Count)' would charge a
minimal S$ O0 processing fee The fee will also fund the Beach Parking
program
his. Rarnsey stated that the Parks Department is issuing 70 parkingz,,tickers _
at various locations on a daily basis that means staff.has very little time to
do any programs at the parks, his. Ramsey stated that the $5.00 fee
would help offset the cost for tracking and additional part time staffing for
Beach Permit program.
Mr. Zaks inquired whether the City would consider a fee if the
Commissioners approve Beach Parking Processing Fee proposal. Mr. Zaks
stated that if the City does not charge a fee their line would be out to the
street just to save a S5.00 fee.
Both City and County Advisory Board ~ugg,.sted to meet in the future
although no date was discus.
6Gl
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VI. R£QUF. qT FOR DISCUSSION/SPECIFIC UPDATE ITEM
Reouest f0r,,4 Wall/In, do0r Ra,cqu,etball (~ourts- Ms. Wicks
stated that a citizen inquired whether Ihe Parks and Recreation
Department would consider enclosing the racquetball courts. This
would eliminate the ball t'rom going over the walls
Summer Camp Field Trip. Ms. Wicks aisc, suggested that the
Paxks and Recreation Summer Camp Program include Corkscrew
Sanctua~ as a regular field trip for next year's Summer Camp.
Doe Pa ,rk - Ms. Ramsey stated that there is an organization that meets
at the Golden Gate Community Center and she spoke to them regarding
helping out with the dog park.
d. Golden .Gate Prone, try #179 - Mr Zaks inquired about the
Golden Gate Property.
Ms RamseT. stated that the property was bought by the County. Exotic
removal is being done The property is located between Green and
Santa Barbara Boulevard
%11. REPORTS & UPDATES
a. Monthly Report (Seoter~berl- No discussion
A,S,A, Event UDdatg - The event was outstanding 15,000 to 30,000
people attended the three (3) day event. Staff played a very important
role in the event by volumeering hour~ to assist.
Copeland Playzr0und D~l|¢ation Ul~date- Pietures of the
playground were ~own. On Oc~oher 18, 1997 sLxty (60)~people '
attended the playground dedication.
I d. Adoot-A-Park Report - Mr. Mueller visited
the
Frank
Mackle
Conununity Park and everything is in good condition. Mr. Mueiler stated
i that the water has been adjust for racquet courts at the Collier Coumy
Racquet Center.
I
Tieer~ail Traeedy - Mr. Mueller stated that a tragedy occurred at
the Tisertail Beach.
Additional signage will be installed by the County.
6Gl
PARAB Meetin. Scheds{]e. The next meeting will be held at the
Golden Gate Conmzmity Park, 3300 Santa Barbara Boulevard, Naples,
Florida, Novemnber 19, 1997 at 2:00 p.m..
VIII. ADJOURNMENT
Wleeting adjonrned at 3:40 P.M.. Motion by Gil Wlueller to
adjourn. 9et'onded by Joseph Zalcs. Passed 7/0.
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MEMORANDUM
'": ?: O0
DATE: October 20. 1997 "
· o:
FROM: Sue Filson. Administrative Assistam'"~.,~ ~ -... ....
Board orCounty Commissioners ,./'...J. J
Parks and Recreation Advisory Board
As you know. ~c currently have 2 vacancies on thc above-rcfcrcrmcd advisory, committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached thc resumes received for your rr,'iew as follo~vs:
John Gfice
326 Ch~lerr~ne Boul~'~'d 1204
Naples. FL 34112
Ginger HincMliff
3551 29th Avenue. S.I,V.
Naples, FL 3434117
Kent Kolegue
2339 Woodcr~t Dri',e
Naples, FL 34120
Gayle Stan
735 9$th Avenue Norih
Naples, FL 34105
Timothy M. Black.ford
276 Madison Drive
Naples, FL 34110
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-flame, and I will prepare an executive summazy for ~e Board's
consideration. Please categorize the appHc, ants In arras of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matter.
SE
3301 Tam,ami Tr. E.
£AX 774-3602
I
~ue, I wou~ like mb¢ coas/~crcd tot' ' ' ~ Dcv~lopmc~ Scrvicts Adviso£;
ted ~m be of br.~ m ~ Bo~d ofCoumy Commi~e~s ami TI~ c~izca~ otCol~er Couart. The [L~ ~cad ~s from
Ftesem m
I 0
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Wror~ and t4sm:! opa-'~./o~, ~ mci rq~ proc~ tat various co~pe~r~t.s ofr. l~ US Navy's
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' Department of
Environmental Protection
16G1
Oczotx'r 17, I~97
Boa~ of CoumT CommLum
$~1 Ten,iami Tra~l Ea~
Napl~, FL 34112
I would 1~ to bc ~ a:s a candkL~ for the Ps:~ and Rccre~on A~
Board. l I~v~ wedr, ed for the Flor~la ~of.rr-n~cmm~ Pr°tecta as t~
I ht~ a bacbek~t's ? In r~ks and ~ ~n P~ State Un~m~. I bavc
wedccd i~ Seu~ Fk, tida slnoe 1911 ~ a Fn:mn~ resident of Coll~c: Count7 ia
19IS.
Naple~, FL ].411]
941.417.6310
{B) 7
GINGER HINCHCLI~
351129TaAv~.S~'.~LLLIrL 33114 941.417.6310 bincbcl~ff~:zplc::..eLcoc=
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Cm'r~nd7 L'adu~e studc~ Florida GuI3 Co&vt L;niveflity, ~taJ Tech~ok~'
1910 PtmsyJv~ Sta~c UQivcrsky BS P2rks m~d Recrcstiou. Oq..tdoer Education
,;~ulemmt · FtoF"~m Dc~doPmc~t ,t Ev~mie~ * Pa'mer~p Bui~nT..S~-·st~c
Te~J~ add Lu~erpretfve: *20 yeats Of 11acb~l cOaztd ed'acalio~ +F. xpcr~ce with u:achmg prc. K
dzrou~ Ad~ tudleuccs; *P~llc SpcxkJng; · 13 sextms ~ Nm:lend ?uk Service leading
walks, hates. Ix~ gMrs: tad .lmetlXZtive Sitka md Displa7 s.,d Trail design
Technical Sk:gb: *~t&rdw~-z sod soR'wwc ski'ILI ms Computtfl; *TccJ~ical. rcpo~ f::d publlca~crn
Wrki~. *Grspbic Design: tod °Meeting Facfi~t~on
F. SIPLOYX[L-WT
1911 -Pre. s~t Rocker7' Bay .~nt~n~l f.~aarlne R~b R~ ~'apl. ~
1911-1911 h~r b~d E~imo~ Edu~n Center, C~I~ SC
1911 - 1911 National l"~tk
JCrnai Fjord ~,T, ^~ Everiladct N?, FL; Cape Lookout NS, NC:
l~; Cape ~ NS. NC; Assr, gut NS. k~
1910 - I913 Nrwf. otnd BLather bLtrtm bsdtsts~ FL ICr/~
I wu crnFIoycd 3 seaso~ as M, trlr~ ~ ~
(B} 8
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KE,¥r KOL£GUE
~ ~3~ Wee4cr~t Dr.
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ds7 to dry ~'~hd~; i~h~ bllltn& bodi~ ca:~lecf:lQa~ corrcspoadc2Jce and ovcrs¥,bt
m
J, Oc~b~ 1~,- S~Y MANAGKM~CI' COKPORATZON, BOSTON,
~ IS~I lnl~ Jutq;ntel Baem hsd rul esU~ deq~ic~at nd
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· (B) 9
From.
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To: Collier County Petits & Recreation Advisory Board
Board of Collier County Cotru'nissioncrs
RECEIVED
I ? gg./
I have truly ~joyed the last 19 months serving on the Collier Pzrks and R~reation Advisory
Board. end now have a bener understanding oft, he importance of such a beard as a crucial li~
betv,'cen thc cidzm of Collier County and the Board of Coatmissioaers.
With the addition of Ma. rla Ra:'nscy as Par~s and Recreation Director. and ~'o new board
members. Puks and Recreation Advisory Boa'd is making great s~des in its effectiveness to
b~tcr serve ~he ci:izcns of Collier County in i~s recommcr~dations to thc Board of
Commissioners.
It h~ been with
Playground that
in the Lee Cypress au'ca.
I believe with the cxp~
continue to be an c Fl'ccti
Commissionen.
It would bc honor lo scr
Recreation system as it continues to grow with Collier County,
Thank you for your consider~ion.
It has been with great sazisfaction O,.at I have been invoivccl in projects such as the Copeland
Playground that was so desperately needed and will have a tremendous imp.',ct on the community
I believe with the cxpcr~cncc and knowlcge [ l'~ve accumulated as a boa'd member. [ would
continue to be an effective member and serve the citizens of Collier County and the Board of
It would be honor to serve another term on PARAB and be apart ofthe Collier County Parks and
(n) z~
I!1
Gayle Start
735 98th Ave. N.
Naples, Florida 34108
(941)591-4910
Rtnnme for re-appointment to Collier County Park~ and Recreation Advisory. Board
· 1982 Graduate o£Clyde Senior High School, Clyde, Ohio
· 1982 Graduate of Vanguard Vocational School, Fremont, Ohio
· Resident of Collier County i ! yeah.
· Employed at Tuff Publications 6 yeah.
· Also a free lance computer graphic artist: - Reellmage Film & Video Production. 3 years
- Visitors T¢lr.'ision. 5 years
· 1992 Volunteer Golden Terrace Elementary t~acl~ng computer skills.
· Served on the Golden Gate Chamber of Commerce Budnes~ Promotion Committee 3 years.
· Served on Parks & Recreation Advign'y Board since April 1995.
Have only mitk-d ! meeting since on the board.
· Active in various youth related organizations since arriving in Collier County.
· Ma'Tied / I child
RECEIVED
OCT I 7 ~7
Soard of Count./Cmmlssfo~ers
16Gl
(S) 12
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Ms. Sue ~
Collier County
3301 Tamiami Trail E.
Naples, FL 34112
I would h'kc to inform you that ! arn seeJc~g snorer term on thc Parks and
Recreation Advisory BoarcL I am the current ~ of the board ~d my
current tcrm is due to cxplre Dec. 31st, 1997. I fcc] forttrmte to have served
on P.A.R.A.B. over I~e tut scver~ years. There are many issues and
projects we a~e cun'cndy diKussing that I feel I can pos{~ly influcnc~.
Please see my attached rgsume and feel flee to contact me with ~ny ques~ons.
T'm3o(~ M. Blackforct
I
16Gl
TIMOTHY M. BLACKFORD
27~ ,WIo'bo, Dr.
Naples, FL :~4110
~ Pl~e ~41) ~&9121
~ ~ (~41) 261..44,~
Dec. 1989 -Nov. 1992
Oct 1987 -Dcc. 1989
986 - OCt. 1987
Tide: Scnk~' Bus~ Deve~ Managcr
,~,~~ Data Pro-'~nS
T~e: D~ ~ Manager
S.O.S. Office Systems
T~,I~: Accom~ F_.xecudve
Bm~.t~ Bank oflVa~les
T~Ic Ncw A~ Reprcsentat/ve
okio Uni~. A~en~, C~o
W~on High School-
METi~ 2 ~~ 7 aM3
S~r'v~d o~ P.A.R~B. ~ncc 1~!, currc~ ~
(B) 14
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COLLIER COUNTY PARKS AND RECREATION DEPARTMENT
RECREATION MONTHLY REPORT OCTOBER 1997
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PARK/FACILITY USERS REVENUE
CURRENT YEAR PRJOR YEAR CURRENT YEAR PRIOR YEAR
FACILITY , MTH Y I u MTI-t Y'TDi MTH
GG AQUATIC 5.620 5,620 3.260 3.260 6.924 6.924 3.509 3.509!
GG FITNESS 2.881 2.881 2.073 2.073 10.503 10,503 5,567 5,567~
EAST NAPLES 58.721 58.721: 55.075 55.075 2,340 2.340 2.854 2,854
FRANK MACKLE 12 920 12.920 18.304 18,304 5,927 5.927 3.657 3.657
GG CC)MM CTR 21.484 21.484 16594 16.594 12,878 12.878 11.598 11,598
VETERANS ..;P 37.891 37.891 23,542 23,542' 13.308 13.308 12.325 12.325
VINEYARDS CP 53,06 ! 53.061 38.678 38,678 10.025 10,025: 13,545 13.545
PELICAN BAY 3.360 3.360i 3.554 3.554 814 814 N/A N,'A
GG COMM PARK 53.594 53.594 126.230 126,230 0 0 0
ATHLETICS 0 0 g6 g6 17,409 17.4Og 12.332 12.332
RACQUET CTR 2.$80 2.180 1.g31 1.g31 13.824 13.824 12.811 12.81
IMMOKALEE CP 39.076 39.076 60.947 EO,947 3.742 3,742 1.616 1.616
IMM SPORTS 7.484 7,484 28,851 28,851 2,358 2,358~ 3 ._g.l~. 3~48
FOOD PROG
Pelican Bay revenue figure repref~tz prior m ~ remittance.
(c) ~
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RECREATION SECTION R, IONTItLY REPORT
OCTOB£R 1~97
COLDEN GATE AQUATIC FACILfTY
Rqis~crcd Class Paflicip~rs
Facile' Users ~.6_~0
eropm Hovrs
Prol~m Par~k:ipam Hours l.OOl
Special Ev~s 33
EAST HAPLES CO,~,I,~IUNITY PARK
Rqislcted Class Participants 95
Park UJtrs fl.7] !
Pr~ram Haas 127
Revenue 2.}-10
Special Events 15.000
GOLDEN GATE coM,%lUNl'rY CENTER
VETERANS CO,~1MUNITY PARK
I}IMOKALEIr COM~'~UNITY PARK
Rqi~,rtd Clau Pa~cip~ts 70
Park U~rs 39,076
~ ~t H~ 3,765
~ 3.742
~E~ 0
GOLDEN GATE FITNESS CENTER
Rqf~t'rt, d Class Participants 2
Facili~.' U~'n
Prqrr~ P~icipant Hours
Rn'enue 10~03
Special Events 0
FRANK ,%IACKL£ CO~I,%! PARK
Rqisttred Class PaflicJpaflts 166
Park Usa'rs 12.920
Prqram Participant Houri }56
Revenue 5.927
Special bents .~9
R,~.CQ UET CENTER
VINEYARDS COM.~IUNITY PARK
IMMOKALEE SPORTS COMPLEX
Registered ~ Paflicipa~ts 12
Park Ugt3 7,484
Prc~r'~a Participant Houri 26
~ E~n 0
{¢) 16
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GOLDEN GATE AQUATIC & FITNESS CENTER REVENUE REPORT
~OeER P~ 4~32 4~32 3.262 3,~2 3,~ 3.~ 6.924 6.924
F~s ~a ~a ~a ~a 5.~7 5.567 10.~3 10.~3
T~s 4232 4~32 3252 3~ 9.076 9.076 17.427 17.427
.~SER P~ 3.679 7.911: 2.97~ 6.2~ 3,122
~l ~a ~a 4.~7 4.~7 3,gl2 9.479
F~s ~a ~a' 2.~5 7~ 4,~2 13,821
J~ P~ 3.872 14.~2 2878 10.412 6~91 16.811
F~s ~a ~a 7.714 15.~ 14.867 28.688
FEBRU~Y P~ 3 ~15 1~.737~ 4.M3 15.015 82~ 25.~5
F~s ~a ~a 4.M2 lg,~ 8.191 ~.a79
r~ss ~a ~a 3 7K 22.~ 5~3~ 42 27~
~RIL P~ 12.~5t 41.a97 It312 33.~ 13.7~
F~s ~a ~a S.~ ~.~2 6 97~ 49 253
F~s ~a ~a, 4.~ 32.M2; 6.919
~T~s 16 8M M.743 19,286 ~.~ 32.935 139.~0~
~l ~ ~a 4.8~ 45.414 7.897 85.8~
T~s 11,~ 1~.7~ 22 ~8 149.8~ 27~14 242,716
(C) 17
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COLLIER COUNTY RACQUET CENTER REVENUE REPORT
OCTOBER 5371 5371 6173 6173 12811 12811 13824 13824
DECEMS£R 6722 20688 ~18 23918 6989 30234
~u~, 10432 3,12o ~1 33919 .oo 3983~
F'ESI~UA.~W 8176 392~-~ 9719 43638 8851 48685
~Y 4328 ~783 ~37 59838 4149 65277
~E 3918 ~79 2158 61g~ ~81 68358
~Y 3321 62~ 3ggO 65~ ~89 74207
~US~ 2945 ~5 4~6 70532 7685 81892
S~EMBER 4182 69127 ~ ~2 ~29 ~321
BEACH AND WATER MONTHLY REPORT
OGTOBER t997
USERS' ,,
REVENUE
CURRENT YEAR PRIOR YEAR (~URRENT YEAR PRIOR YEAR
~'TEP.$ (ACTUAL)
8AP, EFOOT ,4210 4,219 4.353 4,353 373 373 ~
~ ~~ ~O.M IO.M 12. J~ i2.1~ 4.7~ 4.7~ 4M3 4.~
~ P~ O.~ ~.~ f 83? 0.~7 2.~I 1 2.81 i 2 292
~ 19.3M lg,~ 11,~ 11.~ 10.6~ 10.626 9 5Z2
v KH ~ ~ 0 0 0 0 1~ I.~3 I.~0 1
N ~ S~ 2.~ 2,~ 2.~ Z~ 1~ 1~ 72
T~ ~.~ ~.~ ~0 ~,~ ~ ~.~g ~.I~ ~,1~
~ ~1 46SJ 4.~ 4.~ 4,~ 0 0 O 0
~TC~E 12 ~ J2~ t 331 J331 1.3~ 1.3~2 ~
Y~ ~.~24 ~,S24 ~.~4 ~,~ 2,~ 2.~ 763 763
~ESS~ ~L)
~T ~ M2 ~2 S72
~ESSI~5 ~ ~ 6~
~A~ ~ ~ 0 0
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F-Y-I
1 661
THE GOLDEN GATE AQUAI'IC FACIIJTT' MAIN POOl. IYATER CIP.4C/TY L¥ 295,622 GALLONS OF
IYATER EQ. iM I1NG TO 4,729,952 GL4.c,.yE,¥ OF WATER. GUE$,*; IF'HAT SIZE GI.A.C,.~; I~E ARE USING?7
GRAND OPENING OF COPELAND PlA YGROUND WAS HELD ON OCTOBER 18TM. MANY RF_.SIDE~%TS
OF THE AREA Al'TENDED ITIE EVENT.
Par~ afRf Re(sTation
IlAPPY BIRTIIDAY 70 TIlE GOLDEN GAlE COMMUNIIT CE.VTER ON ITS 20TM ANNIg~.R.¥ARY
OCTOBER 9TM 1997.
FP~NK ~ ,~L4CKLE PARK ltELD A PEE WEE HALLOWEEN BASIl O.V OC3'OBER 25TM AND A GOOD
ITME IVA.~ IL4D BY ALL
IMMOKALEE SPORTS CO,$fPLE. V I/ELD A IIALLOWEEN ltAUNI'ED /lOUSE ON OCTOBER $0TM
ALL ,~fAR ~7~A¥1ZING SLAMMED THE GOLDEN GA IZ COMM[~71T CENTER ON OCTOBER 17r~
200 PEOPLE A I'FENDED IIIE EVENT.
$0CC~ Lg THE 17tiNG AT VINEYARlk~ COMMUiWTY PARK 2,000 CHILDREN Pi. dY SOCCER AT I'liE
PARg ON A WEEKLY BA~qI,~
NEW SAFETY SURFACE.~ WERE INSTALLED AT I'HE GOLDEN GATE AQUATIC FACILITY AND
PELI~ BAY PARK PLA YGROUND I]'I'ILIIING 3,054 RECYCLED TIRES FUNDED WITH A GRANT
FROM THE SOLID WAYI~ DEPARI'MF.~.
(c) 2o
rdcb/'AHAB member ~ ~ odop4ed ptrb mod jives fi &tided report of the
.. pirkJ ~. ~ parpooe o( tkb report is to bdp Parks sad Recrutioo
~': :"' JklM~ Jettt to coe~tiatfJ7 ~e itt mtimibin~ pm~k facilities.
~ Ve{ermm Comm..it7
Report on 1/21/98
l)zphne IR rrher
CJI M~.
b. hnmolmlee RA-Fe~tbs/Aqultk:
c. .%13~ A, llA~qe Jr., ¢'ommunit~ Pnrk
Report on 2/'25/98
Cemp4e~ om 10/22/~
L Cocokmtcbee ~ hH~
Report on 11/19/9'7
Report on 5/28/9~
Report ou 12/17/9'7
Jescpb
(U! :n
Report on 7/2.2/98
BOARD
PI~ICAN BAY SERVICES DIVISION
6Gl_ ,.,M
RECEtVc:
NOV 7 1997
SUITE 6O5
NAPLES, FL 341O8
(94 l) 597-1749
FAX (94 I) 5974502
A CIItTIFIED BLt;/~ CHi~
NOTICE OF PUBLIC MEETING
NOTICE IS HEP, BEY GIVEN OF A REGLE,AR b{EETING OF THE PELICAN BAY
MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAI~,fl~fOCK
OAK DRIVE, NAPLES, FLORIDA 34108 ON NOVEMB£R 11, 1997 at 3:00 P.M.
AGENDA
2.
3.
4.
5.
9.
10.
pon C~ll
Approval of Minutes oftbe October I and October 31, 1997 Meeting
Update on thc Clam Bay Restoration md M,u~~ Plan - T R Brown
Update on Bike Path Restripplng ~d ~ Hearing
Discussion of Committee invoheunent with PBSD prc~cct$ - C~/over from October !,
1997 Meeting
Pdican Bay Security
Con~eration o£u:lect~ Annual Flow~ Bed convenion to Xeriscape landscape material
A~dieme Participation
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMTTTEE, WITH
~ TO ANY MATTER CONSIDERIiD AT THIS MEETING, HE WILL NEED A
RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED.
Naples, Florida
O~ober I, 1997
~ IT BE KNOWN, that the PeFman Bay MSTBU Advisory Committee met in ReguLar
Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples
l~tr. George Werner, V'me ~
Mr. Thomas Brown (Absent)
Ib: te Cr ghead
Mr. Frederick Flatto
lb~'. Edward Cn-JlTrth
Mr. G~en Harrell
ALSO PRESENT: Various residents of Pelican Bay (approximately 7); Mr. James P.
Wtrd, Division Administrator and ~ Barba~t Smith, Recording Secretary.
Poll Call
Approval of the September 3, 1997 Meet~g ~inutes
Clam Bay Restoration and Management Plan
A) Status ~ on Envi~ Permits. T. R. Brown
B) Statul Report of Proje~ Manaser for permit implementation
Discuss,on of Committee involvement with PBSD projects - Carryover from September 3,
1997 Met, tinS
.T, on~deralion of Replanting Program for that porlkm of the Div~slon's Water Management
System lying we~ o£the Heron Condom~nlum
Diacuu~on to ~ · Pubic Hearing Dale fo~ Bicycle Patl~ on Pelican Bay Boulevard and
Oul£ Pa~: Drive
Audience Ptrtidpation
Committee Requests and Audience Comments
Adjourn
ROLL CALL:
Dr. Vadey called the meeting to order and asked that the Record show Mrs. Cora Obley
and Messrs. Tom Brown, George Herman~n, Anthony Pires and Charles Popper with excused
-2645-
PELICAN BAY ADVISORY COMMITTEE
OCTOBER I, ,19~
APPROVAL OF MINUTES OF Tl11: SETTEMBER 3. 1997 MEETING:
1~'. Werner stated t~ on Page 2629 oft~ S~t~ 3 Minutes, Mr. Mudge mov~ to
go ~d ~th ~l~n, Mill~ ~ the t~m. ~ing back to Page 2~26 of the Septemb~ 3
~, Mr. W~d ~at~ ~at t~ ~ ~ ~ld ~ to n~otiate propels ~th tho~ ~ple to
do t~ d~ ~ ~~ion ~ ~ b~ng t~ ~o~Is back to us for consid~tion ~ if
y~ don't like t~ do,an we ~ go a~d ~ d~l ~th ~m~ody el~. Mr. Wemer ~ked ~.
M~ge ift~t i~ ~t "go ah~ ~ant in hi~ motion?
Mr. Mudge repli~ t~t ~ ~ ~id "go ~ ~th the t~m", he meant using ~i~
MilI~ u the engine.
Mr. W~ ~k~ Mr. M~ge ir ~ ~m to u~ ~I~ Miller to prepare the pro~ul
~ ~me back to us?
Mr. Mudge a~ced ~ng th~ have to come back. If lh~ are going to ~n ~he proj~,
t~ ~I! ~ ~ Proj~ En~n~rs.
Mr. W~ uked if t~e ~ld ~ ~ ~re di~ssio~ regardl~ of w~t lh~ w~e
going to ~ or are l~ going to ~e a pm~ for thor ~c~ and b~ng lh~ back to us ~o
~k at?
Mr. Mudge a~ l~t the pro~ ~ld ~ ~de ~d then brought back.
Mr. Y~ng ~at~ t~t on Page 2~2 ~ 2~3 oflhe S~b~ 3 Minutes regarding lhe
~y ~ to St ~phael n~s cl~fication. My fir~ ~m is Mr. Ward's u~ of the t~
~ inlmd~'. It h~ ~ inl~d~ for at I~ the p~ ~m years.
Mr. Ward stal~ he prob~ly s~uld ~ve ~d "o~ginally'.
2646
t't, LiLA~ ~^¥ AD¥1~C)K¥ CC)MM.~TT£F,
OCTOBER 1, 1997
Obl
Mr. Young Mated that it is a ten toot paved right..of-w~y which will be operated by the
Foundation and the Pelican Bay Services Division and it will be completed at the completion of
gL Raphael and not at fl)e completion ofthose projects as s~ated in the Minutes.
Dr. Varley explained th,u al the Lu~ meeting il was brought up about the shoddy condition
ofthe sidewalk out to the Sandpiper and the ~atua of'that item. The implication was made that it
was jus~ an a~,ess ~nd that is not true. It will be a paved walkway.
Mt. Wm'd explained that i~ will be brought up to the elevation of the surrounding property
·nd repaved with a ten foo~ wide walkway for Ix~h pedestrian and vehicular access. It is
presetnly not in very good condition, but as soon as lhe Sandpiper is reopened we will have i~
cl~ up and kept as best we can umil construction is completed.
Mr. Werner asked if there was any responsibili~ for the sidewalk that is broken up?
Mr. Ward replied that they did go out and do some patch work, which is all they really can
do w~h it at this point. At the completion of cormruc~ion they will go back in and repave the
entire portion of the sidewalk in from of the construction areas. They will keep it patched during
the cormruc~ion phase. It ju~ gets too tom up, too quickly.
Dr. Varley asked il'the sidewalks were useable al the present?
Mr. Ward replied that he saw them two weeks after the last meeting and they were
passable. Not perfect, but good enough to get by.
Page 2642, Las~ Paragraph, first sentence - Change the word "never" to "not originally".
Page 2642, Last Paragraph, third sentence. Change the word "never" to "not originally".
Page 2646, Last sentence - Change zhe words "those projects" to "St. Raphael".
Page 2643, First sentence - Change word "never" to "not originally".
2647
PELICAN BAY ADVISORY' COMMITTEE
OCTOBER I, 1997
una.ntmoudy, the MTn#re~ of the September $, 1997 Meeting,]
CLAbl BAY RESTORATION AND MANAGEMENT PLAN
A) STATUS REPORT ON ENVIRONMENTAL PERMIT~; - T,R, BRQWN.
Mr. Ted Brown reported that there has been a lot of act|vity over the last month. We had
a three day session here in which one of the days w'~ involved with contractors which might be
candidates to do the excavation work. Five contractors were invited and four showed up. A two
hour Session was held descn'b~ng the project and at that time one of the four contractors declined.
Of the thrce, one of the contractors was only interested in participating in Cuts I, 2 and 3 which
are the smaller cuts. The other two contractors were only interested in the major excavation
which is the channel and the pass. The meeting produced some synergy of consistency in terms of
recommendations for plan modifications that would addrcss some of the issues we have been
atternptin8 to address. The consensus ofthat meeting and subsequent rtwiew with both the Army
Corps of Engineers and FDEP, is that they like I, am excited about the changes that can occur.
Fir~ and foremost, the thing that came out of the meeting was the utilization of cyclone
~.-parators to separate fines from the sand. Since that time Mr. Tackney has had conversations
with the manufacturers of these facilities and has confirmed that the working characteristics were
as advo'lised by the excavation companies. One of the issues we have continually tried to face is
the issue ofwhat to do with the spoil. You will recall in thc Plan as originally envisioned, we had
Several q:)oil islands. Those were predicated upon thc nccd to dispose of around 70¥e of the
excavated material internal to the system because there was no place else to put it. The other
2648
PELICAN BAY ADVISORY COIV[MITTEE
OCTOBER !. 1997
30% being considered as beach quality disposal and placed on the beach as part of' an on-going
renourishmcnt cfi'on. Using a cyclone separator we c~n reverse those percentages. That presents
several opportunities that were not previously present. First, it means that the size or' the spoil
d'~posal site i'or i~ncs is now down to somewhere less than [0,000 cubic yards. That means we
can aggressively attack the area located at the very f.ront or' the beach as the site For that, which is
also usetu! in the sense that it is the point where the cyclones will be located and makes For ease
of administration. Secondly, it means that we generate somewhere around 20,000 cubic yards of
beach quality sand. To put that in perspective, a typical dump truck holds I0 cubic yards. There
is some indication From meetings this morning, although I have not had time to Follow up on it
appropriately, that the County and the City of.Naples might want some of' that sand to go to other
beaches and may be willing to absorb the respons~ility for taking it off and using it in other
renourishrnent projects. We will follow up on that. Failing that, both the Corps and FDEP have
indicated a willingness to allow that sand to be used in place and pushed into the Gulf and
disposed of. on that basis.
Mr. Ted Brown continued that the "win/win" in all of this is that we convert fines to sand
in large numbers, we reduce the dze of. the area needed for spoil disposition and doing a much
b~ter job ecolos~cally. It also needs to be mentioned that it is probably going to result in some
increase in cost by using the cyclone separator. I do not know the exact parameters of that yet,
but probably in the neighborhood of' $2.00-$3.00 per cubic yard of' excavation would be added.
That doesn't break the bank or do any disservice to the budget. We won't really know how that
all plays out until we get a sci or' detailed specifications and go to the bid process.
2649
PELICAN BAY ADVISOR. Y COMMITTEE
~iOB~ I, 1~7 , _
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Mr. Brown continued that Dr. Snedeker. Mr. Tackney, myself and Kyle Lukasz spent
about 5-6 hours marking the channel. You can walk out there now and see exactly where it is
going to be. We did not mark the channel out to the Cmlfbecause it is very self-evident ofwhere
it is and where it needs to be. In marking the channel we were driven by regulatory guidance to
avoid sea grasses to the fullest extent possible. We think we have done that and at least the two
agencies that have Io<)ked at it concur in the judgments we have made. One of the results of that
howev~, is that the channel we have now marked does not follow in every instance the present
flow pattern of the channel. Large segmen~ of that flow channel contain sea grasses which we
were attempting to avoid. In doing so, our sense is that we have not done anylhing but sort of
break even in terms of various cost parameters because we now have a much straighter channel
than we would have had othenvise. We will have to remove more material, but being straighter it
should remain more hydrolol~lly efficient and liable for a longer period of time and therefore
much better ~-ve the purpose for which it is being put in. The amount of sea grasses being
removed from this project is about .31 of an acre, which is less than 20% of the total excavation
involved in the channel itself. My sense, from conversations with both the State and Federal
agencies, is that they are satisfied with that approach. We have also located and identified spoil
disposal locations for Cuts 1, 2 and 3 and basically as were described before. There will be
approximately 3,500-4,000 cubic yards of materials placed there from the three cuts. Those are
under review and I don't believe there is any real issue.
Mr. Brown explained that the Public Comment Period has been closed as of September 19
by the Federal government. The EPA indicated that it was going to send some comments, but
they have not yet been received by me and to my knowledge they have not been received by the
2650
PELICAN BAY ADVISORY COMMITTEE
OC¥OBER l, 199'/
Corps of Enl~neers. I have received comments from the National Marine Fisheries and from the
U.S. Fish and W~Idlife Service, which did not raise a~ objection that cannot be overcome. Most
of their objections are the one~ we have overcome by marking the channel and quantified the sea
gra.~ Iow. In the imperfec~ world in which we live, they would probably prefer not to see the
north/south channel dug because that is where it doe~ impact thin~ they are sensitive to, but I
think I can ~ay with ~ome measure of confidence that those comments have been taken into
account and I have no reluctance in saying to you that thy have been considered and rejected to
that extent. Frankly I felt their letters, based on my experience, were overall very supportive or'
A~ a demonstration of how thin~ can slide sideways in the venture that we are engaged
in, is that one of the thing~ that I have to deliver to the State of' Florida in order to finish thc
permitting process is a letter from Collier County indicating that the project we are intending to
underlake is consistent with the Comprehensive Land Use Plan. ! would think that since we are
working with their re~,:~urce and doing sorn~hing to attempt to improve it, that would be a "No
brainer request". I asked Mr. Hatchet ~md Mr. Lorenz to do that. It took about two weeks and I
got a letter about ten day~ ago which basically raised the sea grass issue, saying that they had a
policy in their Comprehensive land Use Plan that provided for no net loss of sea grasses. I sent
back my sea grass response and basically that issue was closed with them. I got another letter
yesterday saying that they ~ill could not i~sue a Consistency Letter because this project would
require a variance because there is work being dotle seaward ot.the Coastal Construction Setback
Line e~tablid~ed by the County. I then called the i~suing off, ce and explained that l have had two
County employees from their Department of'Natural Resources involved for a year and one halt'
2651
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OCTOBER 1, 1997 .
and the Plan has not changed and asked where this requirement came from. They faxed me a
section of their Regulations. When I asked how long it would take, the reply was 60-90 days,
which I explained was noi a satiffaciory answer. I met with them this morning and we have the
Consistency Letter in hand. You have al~o heard that Dr. Woodruff' has been opposed to giving
us a permit for the Seagate area. I met with Dr. Woodruff today and he will execute a letter that I
will fax to him tomorrow and we will have a Seagate Permit. That issue is now closed. If you
have an opportunity to see those people, thank them for their help in moving this matter forward.
They were important things to get done because they have to be transmitted to the agencies and
demonstrate that we can deliver the end product.
My sense is that I have discussed with the Army Corps of Engineers and the F'DEP a
calendar that requires us to get these permits issued in my view, before Thanksgiving. That is an
extraordinarily aggressive goal. The only way it can be done is if the State and Federal
governments will think outside of the box and be willing to march through this on what I
~malogize as a design build undertaking. There is no question in my mind that we can achieve the
permits in the ordinary course of three to three and one half months, but that is a fatal flaw to
being able to start the project and complete the main channel excavation before May 1, 1995.
One of the consistent things that came out of our excavation contractor review was a sense that
they would require somewhere in the vicinity of 120 days to do the work. If you think about it,
the County excavated, certainly nothing like we are talking about, but approximately 600' in 8-9
days. Why they need 120 days is beyond me, so you can get a sense here that we are going to
have to draft our bid documents to meet our needs and they are going to have to bid based upon
those needs. I think that what we have done is sort of bracketed a worst case, but it creates a
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workab~ modal by which we can continue to negotiate with the regulatory agencies to bring
closure. Quile frankly my judgment is, lhat the only thing unresolved at this point are matters
which rest within the Corps and their consultants to get resolved and which relates to the deta'l of
these revised excavation protocols for the main channel, defining with specificity the exact
parameters and operational characteristics of the spoil disposal site and the excess sand that goes
on the beach. Once we have those things in tow, we will be able to push things through. One of'
the issues that came up and was not obvious to all of'us, was that when you are dredging you are
not only taking up material, bin huge quantities of water and what do you do with it. This is now
very turbid in the sense that it has fines and soll panicles and the like in it and is estimated to be
somewh¢ 'e in the neighborhood of 3,500-3,800 gallons per minute. One of the things we are
doing to accommodate that, is that where we dispose of' the soil as it comes out of. the cyclone it
will go into a stepped series of holding areas to bleed off' in the bottom of. a pipe which will
discharge it out into the mangroves. Dr. Snedeker has given his opinion that this is perfectly fine.
As long as the tidal mechanics are working efficiently in that area, you can put as much water in
there as you want, as long as it takes it out and in fact would be preferred because that is nutrient
rich material being deposited. It will have to be monitored very closely and if' there is ever a time
in that process where that isn't working we will have to shut down and adjust and make some
other arrxngements. The challenge in that particular arena is to solve that engineering problem at
the front door.
Mr. Brown continued that right now the on-going activities involve taking revised cross-
sections through the channel. This is necessaB, to increase our awareness of the types of
materials actually in the channel as marked. We will also want to do that in order to quantify
2653
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what the new q~antities of material are. We will be doing a series of soil borings and I believe all
are underway as we speak. We are doing the research of the tidal dynamics in the area where we
anticipate disposing of the water that come~ out of'this. We have completed and have the product
material and cyclone separator, we do have Cuts 1, 2 and 3 done in terms of locating where the
material will go. I am in the process of doing what is the final dimension of rewriting the portions
of the Plan in accord with the revisions to the Plan which I have discussed with you here. I would
anticipate if all goes well, to Rnd to you and the agencies a redline version of'the Plan within the
next two weeks. Once that is done we will sit down with the Army Corps of Engineers and DEP
to Mart tn put their special conditions on top of the Plan itself. ! can report to you from my
meeting with the Corps of Engineers, we called b{r, Silver who is Mr. Clough'$ superior out of
Jacksonville who is basically responsible for this part of Florida and I told him that we wanted to
come up and take him through this. tie ~uggested we do it differently and he would come down.
He u~d the words I wanted to hear "let's get that information clarified and I think we are ready
to issue our Notice of Intent to Issue", I feel very encouraged. There is a lot to do, but we are
going to try our best to make this happen before Thanksgiving and have the permit in hand so we
can stay on the schedule we talked about at our last meeting and I think we can do that.
Dr. Varley stated that he understood ~{r. Brown from an earlier meeting that from the
time they issue their Notice of Intent it would take three months for the bureaucracy to work
before the final permit was issued, or how long does it take?
Mr, Ted Brown replied, thirty days.
Dr. Vadey stated that would have to be by the first of November to have it by
Thanlagivin$.
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Mr. Brown stated that it is an aggressive goal, but the reality is that he wanted the
agencies to accept a before Thank~givlng date M n target. My personal expectation that if that
happens it is really terrific, but to try to have it the first two weeks of Oeeember.
Mr. Young asked the noise that would be involved with the cyclone separator?.
M~'. Brown replied that he does not know. It is a large cone shaped deal where the
material is pumped in at the top and fore, ed around like a cyclone and by using a variety of screens
the fines stay above the screetts and are pumpc, d out into our ponds with water, allowed to settle
and the water discharges. The sand drops out of the bottom into a pile and is pushed off by a
dozer. I 'lo not think it has enou~ noise to it to impact anytx:My's living accommodations. I
suppose that if you are at the beach while this is going on, there may be some noise associated
with it then, but I don't know how you avoid that.
Mr. Young stated that we should find this out so that we can do a little PP, ahead of time.
bit. Brown replied that there was no question about that. That applies to the dredge
operation in the channel itsdfand the amount oftg. rbidity they are likely to see in the water while
this process is going on. There are a number of issues like that which will need to be focused on.
Mr. Flatto asked if there has been any conclusions in terms of the four bidders of which
you are focusing on?
Mr. Brown replied that all three of them are qualified, but the company that wished to bid
on Cuts 1, 2 and :; knows they are the only game in town and will take advantage of that. I think
it is going to be very important to find some additional players in the arena. The other two are
people who have previously done work and have had a good experience with the County. Based
upon one meeting with them and from the timeliness of their reply to the series of questions that I
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asked ~d the consistency of'their answers, both would seem likely. I encouraged both of them to
take · look ~t Cuts !, 2 and 3 and think about being involved in the whole project as opposed to
paris. They indicated they might well consider that. The parts with Cuts I, 2 and 3 make it a
little more problematic for ordinary dredging operators. The company that looked at that is
basically is in the underwater excavation arena where they would go underwater and suck things
out. It is highly desirable because it is the lea.st intrusive of' having secondary impacts to the
rnanlffoves in the area. It will take longer, but in the end it will be a very satisfactory result
because you can do it with more precision and · lot less risk to the systems around it. We have to
find some or.her players that would be interested in taking a look at this project in order to get the
best prici.,g possible.
Dr. Varley asked if Mr. Brown had a better feel for the construction costs a~er talking
with the contractors?
Mr. Brown replied that he was given a number and that number was higher than the
engineer's estimate. Their number was right around $400,000. When I pressed them on that
number, they ~11 said they were trying to cover and manage your expectations around me. I think
what we have done is bracketed our worse case number. I think when we finish and we are doing
that now by getting the cross-sections, the rmylars done and the bid specifications together, we can
negotiate cer~n bid conditions to accommodate the situation, we will be able to get the pricing
much more in line with where we want it to be. There will be some increased cost in using the
cyclone, but I think it will more than pay for itself'in terms o£the end result and what it enables us
to do in straightening out lhe chltnnel for long term maintenance and preservation ofthe ~'stem. I
am pretty comfortable at this point with all of'that.
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OCTOBER 1, 1997
Dr. Vadey stated that he has never seen a total estimate package of costs and asked it' it
could be out together?
?,ir. Ward replied that it is in lhe 1997.1998 budget, but ! will puli it back out and send it
to you.
Dr. Varley stated that ha is concerned that the more money that is spent on the permitting
e~l of'the project, are w¢ going to have enough money in the end to do the construction?
Mr. Brown replied that the ~nswer is yes. The longer term financial exposure to you
where you have some potenti~ to have to readdress this lies at the end or' the period after you
have finisl~ed the series ofstudies on t'reshwater, which we will be obligated to do. You will then
be obligated to develop a series of'action plans that are driven by the results of'that study.
Dr. Vadey stated he knows that has been said, but he would still like to see the numbers.
As he recalls it, the estimate for those was around $I00,000.
Mr. Brown replied that the figure was around $250,(XX) to do the studies. We have not
contracted I'or any of those. One of the things that ! have tsked Wilson, l~,tiller to do is to take
the g~ of the narrative that is within the PLzn itself and provide me the specifics of what it is
you are going to do. Wben we talk about monitoring ~oundwate~ along the western boundary of
the upland area of Pelican Bay, how many wells are you t~king about? It makes a difference
whether you do six or you do twelve.
going to conduct a study to do that.
scenario.
That was never specified, it simply said generically we are
Again I think they have bracketed that in a worse case
Dr. Varley asked if the schedule that was in the original Plan is essentially the way Mr.
Brown still sees it being done?
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M'r. Brown replied in the aftlrmative.
Dr. Varley asked it'the dredging of the canals was dependent upon the Turtle Nesting
Se~,on?
Mr. Brown replied that the only part ot-the project that will be dependent upon the turtle
season is the main channel cut. That is the ofdy place we will have actual activity on the beach.
The other excavation cuts are material stored behind the dune line so it does not impact turtles.
Mr. Brown explained that with regard to the navigation issue, the F'DEP has formally
accepted the adjustment to the Plan to accept the County's Ordinance 9(>-16 which basically
leaves status quo where it is. However, they have requested that the Plan incorporate that the
County be willing to adopt a refinement ot- that which says in effect, that it' it is determined that
boat tratTic is the cause of increased destruction ot- sea grasses, manatee, mangroves, etc. then
they would expect the County to enact more rigorous boating controls, including the possibility of'
banning boats. The language can be played with, but I have not yet had the opportunity to have
discourse with anybody in the County about that. I think it is going to be very hard for the
County to talk about this as a Natural Resource Protection Area on the one hand and then
acknowledge a causal link between boat utir~?.ation and seagrass deuructlon that you would be
unwilling to up the ante in ternu of' controlling that traffic. The State has very artfully tested the
level of'commitment ot- Collier County to this resource as an ecological resource, by asking for
that little tickler on the end ot-Ordinance 96-16. I will be dealing with that and feel reasonably
comfortable that it can be resolved satisfactorily.
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Dr. Vadey stated that he likes kb. Brown's version much better than the version he got
from the two agencies that deal with fish. I thought they were pretty explicit and quite clear that
they did not like this Plan at all and were oppo~,d to it.
Mr, Werner stated that he w~med to register his confusion with the water ~ssue. We are
going to try to do our best to stop putting as much water as we can into Clam Bay and now we
are going to take the water from the separator and stick that into the mangroves. I am confused.
The Seagate culverts were mentlored in that we ate going to get the City Manager to sign off on
that. You still do not intend to proceed with that until about May?
Mr. Werner asked if the Seagate culverts would still be installed regardless of whether or
not it is required to keep Clam Pm opened7
Mr. Brown rcplied that it is required.
Mr. Werner stated that he did not know that.
Mr. Brown stated we have been working on that for a year and one half:.
Mr. Werner stated that his understanding from Mr. Tackney was that it would not be
hurtful, it may be helpful, but it was not certain that it was needed until we had the other
improvemcms complc~ed.
Mr. Brown replied that it is going to be a requirement under the permits. If we were
unable to get the City of'Naples concurrence or alternatively unable to 8et the easement from the
Naples Cay Master Association would it be a fatal flaw to the ultimate operational characteristics
of'the system7 The answer is no, it would not. To infer from that, that it is a luxury and just nice
to have is too far of a leap in the other direction It is the cumulative judgment of this team of
2659
_OCTOBER 1, 1997
16Gl ''
people put together to represent you and in the cumulative wisdom of the regulatory agencies that
permit it, it is more than nice to have for several reasons. ~rst is, that we have now satisfied
evep/body that matters, that it will have no adverse affect on Doctor's Pass. Ifyou do this system
without the flap gates and leave k ts is, two things happen. Right now because the head
d~fferenfial in terms of the tidal prism on Venetian Bay represents about 80% of Gulf' tide and on
our side we only have about 25%. That volume that flows back and f'onh through those pipes is
very agg~ive, something like 5 cubic t'eet pet second. It is almost like a rapid in high/low tide
exchange. So what it serves to do is to keep the water quality reasonably good. When we finish
the channel excavation we are talking about, we are raising the Clam Bay side to about 75-80% or
higher of ,he Gulf' tidal prism which means that we basically equalized the system on both sides of
those pipes. The result of that is that you now have a classic dead end system. Water will flow
back and forth and be very lazy compared to what it is now. The potential for having adverse
water quality is now heightened, without the pump affect. What the pump effect does from the
valves is tOow us to take the water from the end of'Venetian 13ay and pump it out through Clam
Pass. We then no longer have a dead end system, which means we have a very real prospect of
significantly enhanced water quality at the end of'both systems and over the length of two or three
tidal cycles we are forcing that volume of water out of Clam Pass and encouraging increased
scouring in the maintenance of'our system.
Mr. Werner asked if'there has been any agreement entered into w~th the City of'Naples or
Seagate to increase the length of'the culverts or anything like that at our expense7
Mr. Brown replied that nothing hu been done.
Mr. Werner asked if there was an intent?
2660
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oerosE ,!,
Mr. Brown replied no. We are going to enter into an agreement, but rot to increase the
length of the culverts. We are going to put three new culverts in, the flap gate on and restore it to
where it was.
Mr. Werner stated this is the fa'st he lad heard o£new culverts.
Mr. Brown stated new culverts lave been discussed on a variety of occasions. One of the
existing culverts is nearly collapsed and it makes to m~se at all to spend a lot of money to go in
there and place a flap gate when you can do it once and do it right and not worry about it.
Mr. Wemer stated that figure at one time was 570,000-S75,000 and asked if that figure
was sty good?
Mr. Brown replied as far as he knew.
Dr. Varley stated that he is concerned that residents are starting to come back and my
experience is that their first question is, what is going on with the mangroves? We promised some
kind of' a summary of the Plan and all summer long the feeling has been it'we just wait another
couple of weeks we will have something to report. I think we are at the point where we should
do something.
Mr. Brown stated he had no objection to that.
Dr. Vadcy stated he would make a stab at it and would need a lot of help from Mr.
Brown.
Mr. Craighead stated that one letter he has been copied stated that Naples Cay wanted to
widen that road which would result in longer culverts.
Mr. Brown replied that we will not have to do that. I met with Mr. Pisner of the Naples
Cay Master Association, and he indicated that the vacant piece of land to the right of the culverts
2661
PELICAN BAY ADVISORY COMMITTEE
OCTOBER 1, ] ~7
is likely to be developed in the next three years into a condominium site. Mr. Pisner indicated
that in our perfect world we would like to widen the road coming into the community and we
think that i~ would be useful if we could add some extra length on those pipes so that we could fill
on top of it and we would not have to tamper with it again. He asked if there would be any
objection to that? I told him that I had no objeetion, except that I do not want to pay for it and to
the extent Ihat I agree to run it up the flagpole of the regulators and get any resistance at all to
this project, I am going to back ~way from it like a hot potato. I didn't have to run it up the
flagpole. After I talked about it with our engineers I learned some things about pipe and putting it
in which indicated lhat it is not jusl a simple process ofadding more footage. The length ofwhere
it would go would involve a considerable amount ofunderstory stabilization that would be very
expensive. You Would have to permit remov~ of existing mangroves along the perimeter of
where that fill would probably take place and that was enough to tell me that is som~hing I didn't
want to do.
Dr. Vadey stated the Touris~ T~ has paid for cleaning out the pass and asked if they
would be willing to help fund any portion oflhls?
Mr. Brown replied that he h,u not talked to this issue.
Dr. Varley asked Mr. Ward if that was worth taking a look at?
Mr. Ward replied that it is and he would take that responsibility.
B) STATUS REPORT OF' PROJECT M'ANAG~R FOR PERMIT
IMPLEMENTATION '
Mr. Ward explained that this item was placed on the agenda to give you some clarification
from your meeting last month relative to how we will operate under the Restoration Project, at
least from now until turtle season. I have intended to show you the four basic projects that are
2662
S^V AnV SO V
underway in the form of' tidal creeks, ~am Pass cuts, Stormwatcr/£reshwater analysis and the
Seagate culverts. To show you how many contractors w~ would have on site at that time doing
that work znd how we will accumulate that through PBSD to the Advisory Committee. I have
tried to hav~ Mr. Lukasz put together what w~ look at internally as the coordination efforts
rdafive to budgeting and consultants proposals For the design work, specifications, bidding
process, etc. The job description has been held to one page and hopefully it will clari~ how we
will operate and we can make any changes.
Dr. Varlcy stated that he likes the idea, but is confused. In the Minutes of our last meeting
the question which was uked and voted on, was do we hire a consulting engineer to be the
Project Manager or do we hire a single individual reporting to you? Mr. Mudge and Mrs. Obley
replied to get Ihe engineering firm. Mr. Mudge went on the make a proposal that carried 8/2 that
we get the engineering firm. The next thing I now, Mr. Lukasz has now been appointed as
Project Manager.
Mr. W~d replied that he thinks h is Still consistent with that. After the meeting I went
back and read the Minute~ and was trying to figure out where you were headed and understand
exactly '*hat you were talking about in your definition of'Project Manager. Maybe I was talking
somewhat differently in terms of a Project Manager. I think what we were losing in the
discussion was, what do we do as PBSD on a daily basis internally, in terms of ho~v we manage
whatever the consultant is that we have within PBSD for purposes of'doing a large construction
project. When we were talking about a Project Manager for purposes of' managing a job, l define
Ihat as managing the design elements and contractc, r in terms of' the day to day inspection work,
ensuring that the construction project is built in accordance with the Plans and Specifications and
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F'~'~ICAN BAY ADVISORy COMMITTI~
OCTOBffR !, 1997
16G! '
getting to the point of having · certification of those Plans and Specifications at the end or' the
constmctk)n period. Above that, we have an internal managed proces~ where we manage our
own internal budgets, manage our own internal bidding process and we manage the preparation of
the busin,~___, part of our specifications and some ofthe coordination efforts that are required that I
have internally to deal with either consultants or contractor~ working with you. [ have tried to
put thai concept back together for you to get · feel of how we manage that internally. We were
~aying the ~arne thing, but defining it somewhat differently. I am showing you how we intend to
manage it internally for you and how the Project Manager which is essentially the design
consultant will go out and do his job.
Dr. Varlcy asked Mr. Mudge if he felt com£onable with this.'?
Mr. Mudge agreed.
Dr. Varley stated that is not what was said last week.
Mr. Mudge stated he is going back to the old PBID days and that is the way we did it.
Mr. Ward stated trat Mr. Mudge is familiar with the PBID days and this is exactly what
we did in those days with respect to how you manage a project. The more I thought about it, I
finaIly figured we were using Project Manager with two different definitions attached to it. I put
it on a piece of' paper where you actually got to see how the flow would operate within the
organization and still understand that the design consultant, whoever that was, really is an
important player in terms of moving your project forward.
Mr. Griffith asked ifthe tasks were work to be done after the permits are received?
Mr. Ward replied in the affirmative.
Mr. Griffith uked if Mr. Luka.~ was here daily and always accessible?
2664
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Mr. Ward replied in the affirmative. I thought it would clear up the concern of how we
operate internally.
Mr. Werner stated that it makes a lot of sense to have Mr. Lukasz in that position in as
much as he is still going to be involved post constmclien when we get into the monitoring. What
I am not sure about is his qualifications. Is ha going to he heavy enough to stand up to some of
these consultam experts, engineering firms, etc. and is he experienced or astute enough to
question costs that may be outside the bounds of reasonableness7
Mr. Ward replied, yes. Mr. Luka.sz has been with us t'or live years. He came from the
County Utilities Depanrnent as a Department Head and he has been with Collier County for a
long time At the time he came he was not particularly well experienced in landscaping and the
kinds or'things we do here, but he brought a significant amount of management experience to the
Division in terms otr how you operate, looking at the costs and understanding how to do things.
Between the two o1' ua we got it done. Over ~ years it has worked out extremely well. With
respect to this situation, his experience like ali ofus, we are learning as we go along, but he brings
a number of things to the table. First, his allegiance to this community on how we operate and
what we do is unlettered in my mind. In terms ofoverview for costs, whether it is internal costs
on payroll or overtime hours, there is no one cheaper that Mr. Lukasz. He really looks out for
that stuft'and is very good at it. With respect to this project he will be that way too. In terms of
overlooking consultants, he is not bashful in making sure the job gets done, reasonably, on time
and fairly. I trusted Mr. Brown to be able to bring the permit to the table because I knew his
qualifications. I trust Mr. Lukasz to be able to do the job.
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Mr. Werner asked if Mr. Ward was going to make Mr. Lukasz available to this Advisory
Committee7
Mr. Ward r~lied that he is not too good at that one, but I will help him with that.
Mr. Craighead gated that when he looks at this orga~tional chart he would hope that
Mr, Brown corne~ to ua by December with all of the permits in hand. Do we write him a check at
that time and pay him offand is he gone then'?
Mr. Ward replied no, Mr. Brown's role changes at that point. We move the balance of the
team into place for purposes of design and construction. You need to keep Mr. Brown around on
Iome g~rt of an hourly basis in case · problem crops up that is going to take a heavy hitter on an
u neede~ basis. Mr. Brown's job description changes at that point.
Mr. Gfiffith L~ked if'his role az that poim would be at our request7
Mr. Ward replied yes. He is going to be more Mr. L,ukasz's liaison at that point. If' there
is a big problem, Mr. Lukasz is going to he the one that know~ and is going to say he needs Mr.
Brown to do tach and such.
Mr. Hasson asked how we are going to budget that7
Mr. Ward gated that first ofa/I it is not going to be ~ignificant, but there are going to be
su~cient funds in the Clam Bay Restoration Fund to handle that for about six months.
Mr. Young stated that the organization chart is helpful and asked where Dr. Hillestad and
Dr. Snedeker come in?
Mr. Ward replied at the Clam Pass Cuts I, 2, 3 and 4.
Mr. Young stated that we do not show a. contractor under the stormwater/£reshwater
analysis and asked il'we are going to do that in-house7
2666
PELICAN BAY ADVISORY COMMITTEE
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Mr. Ward replied no, there is no contacior to build it at this point, it is more s study
Mr. Young stated that we are not showing who is doing it.
Mr. Ward replied that Wilson, M'dler is doing it.
Mr. Werr~ asked ifthey are doing it automatically?
Mr. Ward replied, no. That is going to come to you in a few months.
Mr. Young asked if Wilson, Miller is the consultant and are they dso going to do the
Mr. Ward replied that
it is either a Wilson. Miller or someone like a Missimer and
Associa, .'s that would do that It is too early to tell because we do not know what the scope is
going to be yet. That ha~ to get written before a consultant decision can be made.
Mr. Wemer stated that ~c. ope was six steps with the first being the stormwater detention
which has already been done to see if we had extra storage space. Then you get into a vegetation
analysis, irrigation requirements, then to retarding freshwater flow into Clam Bay, monitoring
groundwater flows, etc.
Mr. Ward replied that the balance ofthose studies have to be refined.
Mt. Wemer stated that it seems that a lot of that could be done in-house.
Mr. Young stated that to finally dear this up, the analysis work, are we going to do that
in-hou$~? Didn't the Conservancy at one time come here and say they would help us with water
analysis7
Mi'. Ward replied that was water quality work they had proposed to do and had nothing to
do with f'reshwater/s~ormwater analysis. That will be a condition of' the permit as it comes out
2667
I~LIC~ BAY ADVISORY CoMMrI'I'EE
OCTOBER I, 1997
16Gl ',
!I
· Rer consimctlon. Wlx>ev~ we use L~ mother dec;don you make in the fiamre. As indicated
there are six components of the analysis, starting whh is iht're additional slormwater area.
Mr. Young slated, so there may not be any ~unher contracting in that area?
Mr. Ward replied, may not. I just do not know yet.
Mr. Ward continued that he hoped this helps people understand.
Dr. Vadey slated that he think~ it is wonderful, but the Minutes of'the last meeting do not
reflect this.
Mr. Hoyt slated he is concerned about that.
Dr. Vaday stated we ~ther have to rever~ the decision we had last month, or we have to
get W~l~on, M~ller in the box that Mr. Lukasz b now occupying.
Mr, Ward slated that whatever you want to do is fine w~th him. I was just tr~ng to clarify
what you were trying to do. The Motion Maker tells me it was consistent with his motion, so that
l~s me a whole lot w~th respect to the motion.
Me. Mudge smed that he is confused. The motion was written word for word and is what
I meant. I meant u~ng the team and the team was Wilson, Miller and our people.
Dr. Varley stated the statement on Page 26211 o~' the September 3 Minutes, was "the
engineering £u'm". On the next page you proposed that we go ahead with Wilson, Miller and the
team. That is not an indMdual reporting to Mr. Ward as it is now s;ruclured with Mr. Lukasz.
Mr. Mudge stated that Mr. Ward is running this thing. He is going to use Wilson, Miller
and his people, not with a whole bunch or' engineering firms that we were talking about during
flat meeting.
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PI~I~ BAY ADVISORY CO~
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Mr. Ward stated that when he went back and reread it and was thinking about it, what I
wu trying to conv~ wu a Project Manager in terms of the design elements for each of the four
to t'we different phases. If I did not anicul~e ~ ot say that well enough in my Memorandum,
then that was my fault. I was a~so, aRer the meeting, trying to put together this organizational
chart and job description of'how we were going to internally manage that process for you.
Dr. Varley stated that he thinks he knows what we are doing, but wants everyone to be
sure that they understand that is not what I read in the Minutes. If it is now going to be spelled
out in our new Minutes and everyone is going to be satisfied with that I will be happy.
V-. Young uked il' we could call Mr. Lukasz a Project Coordinator and the Project
Marager is the consultants?
Mr. Ward agreed.
Dr. Varley stated that this says to us that Mr. Lukasz is responsible For managing this
program and this is his job description.
Mr. ltoyt stated that he does not lhink it is.
Mr. Ward stated that we will solve the problem by calling Mr. Lukasz a Project
Coordinator. The design consultant team member will provide the inspection necessary on a
periodic basis whether daily or weekly, or'the comracior, to be in a position to ceni~ to you that
the project wu constructed in accordance with the Plans and Specifications. Mr. Lukasz will
coordinate the contractor, the bidding, knowing when they are going to be out there, knowing
when to call Wilson, Miller to go out there and do that work, etc. I don't care the nomenclature
you want to attach to it, but that is how we will do it.
2669
~OB~ I, 1~7
Mr. W~ stat~ t~t ~ ~ts to m~e ~e t~t Mr. Mudge'~ motion ~ys that we ~e
~ d~te~ ~tt~ to u~ng ~I~ ~ ~ we ~e oily committ~ to using thcm i~ we
~e a~le ~th t~r pro~. Is that ~ght7
Mr. Mudge ~al~ t~t we ~ going to ~ve to a~ on th&r propo~ ~a7. ]E it is a
~l~s ~~, o~ we are ~t going to a~t it.
Mr. W~ uk~ i~ the ~o~ ~ going to ~ back thr~ t~s Com~tt~ for
a~
Mr. Mudge ~ated t~ a~ ~s.
Mr. W~ ~plai~ ~t ~ ~ ~ ~ w~ ~ ~ go~ up 4~. ~t is
~~ J t~t t~ ~e ~s ~ t~ ~ ~t th~ ~e doin~ ~t we are the on~ pa~n8
~. Mudge ~pr~ t~t ~ ~ t~ing ~ the t~ and when I talk tea~ [ wu
~ng ~d~ ~11~ T~ & ~t~ ~c. ~t is t~ t~m t~t is going to do the~
~j~s ~ Mr. W~d is t~ o~ t~t ~ ~~le.
Mr. W~ uk~, r~rdl~
~. W~d ~plain~ I~t ~ u~a~s w~t Mr. Mudge uid. ~en you talk ~ut ~
~~ ~, ~ ~II bring a ~o~ back to y~ ~or the d~ el~t ~d if you do not
~e t~ pr~ we d~l ~th it at t~t ~i~.
~. W~ stat~ t~t is ~.
Mr. H~ ~at~ that und~ t~t ~t, then all o~ these con~Itants have this ~ob
d~ption ~is is no longer Mr. Luka~'s de~ption.
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PELICAN BAY ADVISORY CO~ 1 6 [~ 1
OCTOBER l, ! 997
Mr. Ward replied that they are going to prepare the construction specifications and Mr.
Luk*_~ will review the cons~ructlon specifications. Mr. Ward reviewed the details of the job
description with the Committee.
Mr. Hoyt asked ifthe explanation could be put on paper so that everyone understands?
Mr. Ward agreed.
DISCUSSION OF COMMITTEE INVOLVEMENT WIT].{ PBSD PROJECTS
Mr. Werncr explained that members of this Committee and members of the community
should be more involved at the beginning of the decision making process when considering
various alternatives, rather than wait until the end of the process and we just get to say yes or no.
We are the ones who either live or work here, some of us do both. We are the ones affected by
the decisions that are made by this Committee and I just suggest that if there is sufficient interest
to have various members appointed to 'Tact Finding Committees" and work with our Manager on
a number of issues that affect our community. My idea would be that this "appointee" would then
~olicit I~veral other membe~ of the community to work with him on whatever issue it might be.
They are restricted to work only on 'fact timing". They cannot come in and make
recommendations. {f you start to make recommendations, you become subject to the Sunshine
Law issue whereby the meetings have to be public and recorded. I am really not sure how you
separate "fact finding" from "recommendation making", but we have to try to do that. Some
Igea$ I was thinking about was perhaps Clam Bay, budget, landscaping. I have heard so many
complaints about the aquatic plantings, maybe someone wants to get involved in that. Street
signs, lighting,, entrances and security are all ideas. Again, a Committee member would get
several other residents involved to bring back the facts to this Committee. If we do that we
2671
I~LICAN BAY ADVISORY COMMIT'rE~
ocros
would encourage more involvement by the residents and may even lessen the perception that this
Committee is some type of an elitist group. If there is any support here, X would like to proceed
Mr. Hasson stated that without giving it a lot of thought, it appears we are going to
complicate our lives. I have to wonder whether it is worth it or not. You are going to get a lot of'
little committees reporting to this Committee. Is that what you want?
Mr. Werner stated that the alternative is to tell Mr. Ward, you can continue to make ail of'
the decisions for our community.
Mr. Hasson stated that is what he is doing now.
Mr. Werner asked if he wanted that to continue and if that is so, then you are not
supportive of it?
Ms'. Hasson stated that maybe Mr. Ward then has to start working more closely with the
Committee.
Mr. Weber stated that is not w~t he is saying. Mr. Ward works fine with the
Committee. We e~ up getting the firml altemative~ and you eventually ~ay yes or no. W~at I am
wf~ng is that perhaps you ought to be involved in the process from the beginning
Mr. C~ffith asked if a Adv/sory Committee member had to be a part of the committee? I
am confu~-d about the Sunshine I~w relationship.
B,~. Wemer ~tated that basically the County Attorney explained to him that you ~an
appoint a Bo~d Member to head one of the~ corn~ttees, obviously you cannot have two Board
Member~ on it. As long a~ it is "fact firgfing' and not making recommendations, they are not
v.~ject to the SunsM~e L~w.
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PELICAN BAY ADVISORY COMI, flTTEE
OCTOBER I, ! 997
Mr. Harrell stated that he would l~e a clear definition of"Fact Finding". Ir people are
going to get together and say this is west we think lighting should be, that is not "fact finding".
Mr. Mudge stated that you usually want a committee to come up with a suggestion of a
cou~ ofaction to take. That is when you start to get into problems.
Mr. Harrell stated that he could deal with it if he knew clearly what some examples of
"fact finding" versus "r~xmlme~ation" are. If' "fact finding" is saying here is twenty-four
different kinds oflamp~, Mr. Ward can do that.
Mr. Cra~ghead stated that he personally would not serve on any committee as a member of
the community, if he was not pri~ieged to make a recommendation.
Mr. Werner ~tated that the County Attorney, in his letter, defined "Fact Finding" as
"information gathering and reporting. Il' however the group that you propose possesses or
exercises not only authority to conduct fact finding, but also to make recommendations, then the
law considers that the group is participating in the decision making process and is subject to the
Sunshine Law".
I~'. V~ley stated that we hav~ ~ issue before us right now where this would be reD,
clear. The bikepnth is an issue where fhere i$ a lot to be said on both sides and I don't think we
have seen both sides. A group like th|s would be perfectly positioned to be able to explore both
$~de$ of it and say here are the pros and cons, make your decision. We as a group would make a
better decision hav~ng that kind of input. I think there are a lot of people in the community that
would enjoy that.
2673
sA',,' v som, co rTn's
.OCTO S ,
Mr. Griffith stated that in the County there are Committees that arc selected by the
County Manager and they have Committees selected by the Board of County Commissioners.
Are both subjec~ to the Sunshine Ltws?
Mr. Werner replied that no, ifthey are tact £md{ng and the answer is yes, if they are going
to make a recommendation, even to the County Manager.
Mr. Harreil asked what we would learn if' a group of people would study bikepaths?
Some ofthem feel one way is right and others feel another way is right?
Dr. Vadcy replied that one of the things he would like to know and has not had the time
to research regarding the bike paths is, can it be enforced by the police? I think the answer is
probably no, but I do not know that for sure.
Mr. Hasson stated we asked an officer that question and the answer was yes.
Dr. Varley stated 1 would like to have somebody find out for sure and it means that each
ofus are going to have to do this and we probably won't.
Mr. Mudge stated we should use the expertise oflhe members ofthe Advisory Committee
to look into some of these things. In some of my areas I bring up things and [ do it myself
because I have had some experience in k. I am sure other very competent people also on the
Committee have had experience that can be most helpful in making suggestions as Committee
members.
Mr. Griffith stated that nothing say~ we cannot go out by ourselves and collect
information.
Mr. Hasson stated that he has alre~tdy talked to a lot of' people about these bikepaths on
his own. I have already formulated my opinion.
2674
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PELICAN BAY ADVISORY COMMIE
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Mr. Orif~th ~sked il'Mr. Werner ~ that if one ofus decides to pull a group of'people
to~ether of our own ~lection that we ~re violating the Sunshine Law because we pulled thos~
people togeth~' and di~:ussed the item.
Mr. Werner replied no, only it' you brin~ it ~ a recommendation to this Committee. The
r~ce thin~ in rn7 mind about laving others work with you is that Mr. Hasson rn~y hav~ twenty
people he h.~ talked to about 'blkepaths. If you have four of'those people, that is 80-I00 people
that had suggestions ~ inp~ from the comrnunit~ which is the pool we are representing.
Mr. Don Diogene~. single family re, dent - and interestingly enough [ have just had a
long conversation with Mr. Ward about this. I called him for the first time and have never been to
one ofthe~ meetinl~ before. Frankly, your schedule is a little difficult for most people who work
for a living. I think Mr. Werner's comment is probably one of the first times I have heard we
should get sornebody involved on a community level to discuss something. I think some
by the mere circlcs in which you ~unction on a day to day bt·is, may not be exposed to the
community in terms of other people and their ~nterests. You just don't operate in that venue.
think Mr. Werner's idea of putting together a cross-partisan group of who is represented and lives
in this community and getting · little different option and outlook on things may be the thing to
do. We can aH look at a black piece ofgra~ out this window and I can ask what makes the
look like that. You may not notice it. You rrmy not know that in this community there is not a
light on ~t night. Half of this community is in bed by nine o'clock. You go to some of the areas
where the younger people live and they would like to have some lights on so that they c.a.n go out
~ walk the dog. You cannot even waJk the dog at night. You could get killed by a car driving
down the street. There are all sorts of things like that. I happen to be a home owner and maybe I
2675
PELICAN BAY ADVISORY COMMI~E
OCTOBER !, 1997
look at things a little differently. I am looking at the dead pine trees that are prevailing. The big
blanks being created in the medians. I see the guys working like slaves. If there was ever a
situation where we were up north, you could never treat people and have them work under the
conditions they work here. These guys are truly operating in an incredible environment for the
money they are getting. To put these things in perspective and you talk about $75,000 for
consultants, etc. Frankly, if you were anywhere else in the real world today, those dollar are
meaningless. When I see a tree coming out of this ground, I do not understand why there isn't a
tree being put in. When we see something dead, why isn't that truck carrying the replacement at
the same ,ime. Every morning I am infuriated when I drive to my office and my car gets drenched
by that lousy irri~tion water, which is also stinking now for the first time. Mr. Wemer's idea is
the smartest thing I have heard so far. I frankly would like to see a cross representation of the
Mr. Werner stated that when lights were referred to, we are supposed to have street lights.
I know a couple of days this week some were no~ on Pelican Bay Boulevard. They are supposed
to be on. I reported them to Mrs. Smith.
Mr. l-lesson stated that we do not live in a perf'e~ world and all of these issues have a lot
of'merit This is a fifteen man Committee and we do represent a cross section of'this cornmunity.
We live in Pelican Bay and ! do not care what they are doing down in Naples. I don't think we
miss too much. There are a lot of' things that are wrong and will continue to be wrong and we
will try to r~tify them.
Mr. Diogenese stated that this communitT is growing older and older. Now there are
young people coming in, but the bottom line is, as we get older we don't see things exactly as the
26'76
.......... I[I IIII III III ......... I I I III II I II I I I
i~LICAN BAY ADVISORY COMMI'rrEE
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young ~ople do. The young people =e th= on~ nd~ing th~ va]uc~ ~d s~din~ the mon~ on
~r ~. ~e y~ng ~ple ~e t~ o~ t~t ~e doing the re~ishing ~d ~in~ on
~~n~ It is v~ ~d f~ ~ ~le to I~ at 3:~ P.M. in the ~oon ~ I ~ked
~. W~ ~ th~ m~n~ ~ ~t ~d ~ 7:~ P~. ~ ~ ~ t~t it ~ n~ ~
~ ~e ~ ~ore. Well, ~ k is ~. P~ple ~ 8o ~me, ~ve di~ ~d t~ ~me to
a ~ing ~ t~ are im~. I ~ve ~ ~ d~ t~ ~r~ from me. Do ~ t~ t~
~ ~ to ~ t~ ~ m 3:~ P.M. to ~ ~ t~ f~ W~ay oft~ month7
~. V~ ~ if~. ~ ~ ~n~g ~. W~'s pro~?
Mr. Jo~ I~ - St. Marlin r~id~t - ~ t~ ~ al~ ~p~n~ ~. Wem~'s ~tion
~ w~ld ~est t~t at ie~t o~ ~mitt~ ~ tfi~.
Mr. ~th ~ked ift~e w~ ~ ~y to adv~i~ for help in a c~ain ~ wh~e ifth~
~ve ~ int~ th~ ~ld cgl one pani~l~ Co,tree m~
Dr. Varl~ stat~ t~t w~id ~ a v~ o~ous way of doing it. We he~ ~ a~l lot of
~mpl~ms ~ ~t ~ch in t~ way of ~lutiom aM I thi~ in doing wMt is ~ng ~~,
w~ld ~n to g~ at t~t. ~ ~le in ~ ~~ ~ve got to reali~ t~t not oily ~e
t~e W~I~, ~t th~ ~ ~ve got to t~ ~n to work on ~iutions. If you Mve ~ple
~re im'~, I t~ t~ w~ld ~n to t~nk in t~s of~Mng thin~.
Mr. Y~ng stated a way to do it w~ ~s not ~n di~d is to do it the ~y the
~n~ d~ it. Y~ ap~i~ a fo~ ~tt~ and that ~itt~ a~s ~thin the Su~ne
~w ~ ~ it's fo~ r~m~dation in ~ting. We ~y ~ve ~me areas in Peli~ Bay
~e we ~ warn to ap~i~ a fo~ ~tt~.
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PELICAN BAY ADVISORY COMMITTEE
OCTOBER I, 1997
16Gl
Dr. Valley s~ated that would then require ]Vfinutcs to be transcribed, published ~nd
Noticed, which is what we were trying to get around.
Mr. Young stated the point is, that they do not necess~l¥ have to have the ]Vfinutes as
thorough ms we presently do. It' we have a topic that is important enoush to involve more people
in the comn~nity, we might want to forrn~lly appoint · cornmitt~ like a Planning Commission.
Mt. Harrdl s~ated that may ~olve everything. If you cannot make recommendations to
mn)id the Sunshine Law, than why not be out in the open?
Mr. Werner stated that there are obviously areas that we can be thinking about because we
m'e goink to be spending money on them in the next f~w years, such as street signs, irri~tion and
~ntrarw~ marks3. Anything that gets more communit7 involvement, I think l am i-or it.
Dr. V'arlcy asked for this hem to be carried until the next meeting and discussed further.
CONSIDERATIO,",I OF R£PLANTING PROGRAM FOR TiIAT PORT]ON OF' THE
DI3q$1OH'$ WATER M'^NAGEM£HT SY$TEM LYING WEST
CONDOMINIUM
Dr. Vsrlcy asked ii-this ha~ been di~aJt~ed with the Heron pcople?
Mr. Ward replied that he has not and a.6ced ii'Mr. Craighead had discussed this with his
Stoup?
Mr. Craigh~d replied that he has spoken with the people at the Heron and they were
pleased with what they have $~en.
l~fr. Cralghead move~ seconded by Mr. Hasson and approved
unanimoutly the Replanting Plan for the Division's lFater
Manag~ ernent ~rea at the If eton condominiun~
Mr. Craigbead asked what the timing of this project w~uld be?
2678
PELICAN BAY ADVISORY COMMITTEE
OCTOBER I, 1997
16Gl
Mr. Ward replied that the materials have to be ordered which will take a couple of weeks,
but by the end of Oclober we should be in place.
DISCUSSION TO SET A IaUBLIC fl£ARffCG. DATE FOR BICYCLE PATHS QN
PELICAN BAY BOULEVARD AND GULF' PARK DRIVE
Mr. Wcrner explained that at a previous meeting which he had Chaired, the issue was
brought up about bike paths and I committed to establishing a Public Hearing at a later date to get
community input as to how thc'T Felt about the different options offered. I understand some new
things have entered the pi~ure, but I believe we are committed to set a Public Hearing date.
Dr. Varlcy agreed saying that Mr. Ward indicated at one time that we would be required
to have a Public [luring. I have the Feeling that this is not a terribly momentous decision about
bike paths or not, but I also have the feelin8 that no matter what you do there are going to be
complaims for thc next five to ten years. Either I like it or I didn't like it, and I didn't think this
was the way ii was going to be, eic. We need to be as certain as possible and as deliberate as we
can, in terms of making this decision. I had asked Mr. Ward if it would be possible to put a test
strip out, so that people would have the opportunity without getting committed to just see how
narrow those lanes would be in ac~uaJity.
Mr. Ward staled that he has not heard a lot o£people who have said one way or other that
they are in total support of this issue. I hear very mixed emotions and [ would urge you to act
very cautiously and deliberately. The County has offered, if the Advisory Committee wants to
put that strip out there, to do that. We have been talking about the area between L'Ambiance
around to Bay Colony Drive, to make that two ten toot travel lanes and one four foot bike path
lane on a temporary basis. If you w~ to do that i~ can be done. The other thing we talked about
was how to go about setting up the Public Hearing process. I think we both came to the
2679
PELICAN BAY ADVISORY COMMITTEE
OCTOBER I,
1 661
;onclus{on that you need to act ~o~y s. nd cauliou~ly to make sure you have true community
support. This is one oftbe tNng~ that I think can blow up in your face if you are not careful with
it. Maybe sending a letter out to residents outlining the proposal and invite them to a Public
Hearing to provide you input imo the proceu is the way to go. It needs to be made clem' that it is
not a done deal and is not the decision. It is that we want to hear from you over a period of time
and pom'bly do ~orne kind of a ~traw vote to get more community input as to what they thought
about that process. All are good ideas in terr~ of moving forward. The Public t-leafing date
needs to be definitely after Thanksgiving, probably in January would be a good date.
Mr. Ha~son a,~ed what the test would show us?
Mr. Ward replied that it won't show you am/thing.
drive out there and decide whether you like it or not.
that.
It will give you the opportunity to
Mr, Hasson stated we all know what it is.
Dr. Vartey replied that he doe~ not. I look at Cray~on Road and hope that it is not like
Mr. Ha~son replied that is not a good example because it is a tWo lane road.
Dr. Varley asked for an example that ha~ a divided road with ten foot stripes that can be
driven on.
1~. Hasson explained that you should figure your car as seven foot wide and you are
going down a ten foot lane. On the other side is a four foot lane with bikers. You are going to
stay right behind them until you have the opportunity to pass.
Dr, Vadey stated that he would like people to have an opportunity to try it before they
have to buy it. I think we will get a better decision from people.
4411
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FELICAN BAY ADVISORY COMMrrTE£
OCTOBER I. 1997
1 6G1
Dr. V~ley ~ked if anyone was ol~a~ :o asking the County to restripe on a temporary
Ms'. Hasson replied that he is opposed.
Mr. Crdghead asked ifthe traffic I~m u ~ll ~ fi~ b~ke ~ would be marked?
IVlt. Ward replied in the affirmative.
Mr. Crfiffith asked if there were any other examples in the County where this
existence?
Mr. Ward replied that he cannot find any other examples.
is in
Mr. Werner asked if we had any liability if someone is involved in an accident on this test
strip?
Mr. Ward replied that there is not. It i$ a County Road.
Dr. Varley asked if it could be done be{ore the January hearing?
Mt. Ward replied that we will try to get it done for you as quickly as possible. The)' have
I contract in pla~ that they can go out and restripe quickly.
bit. Hoyt saated that when you drive down Crayton Road and encounter a biker,
automobiles do not give.
Mr. Harreil stated that there is no alternative. You cannot make the bikepath wider and
otherwise they ride in the road, so what i$ the difference?
MI'. l~_i~o replied that we have to get the bikes off the pathway. The pedestrians always
have to ~tep aside. I think it is a good idea. The other problem that comes with the bikepatha is
that it L~ an invitation to everybody out there to use the paths. You may have outsiders $1mp~y
because it is available and is a lovely place to bike.
2682
2683
Naple~ Florida October 3 !, ! 997
LL'Tr IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Special Session
on this date at 2:30 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the
following members present:
Dr. Alan Varley, Chairman
Mr. George Wern~, Vice Chairman
Mr. Thomas Brown
Mr. Rodkey Cr~ighead
Mr. Frederick Flatto (absent)
Mt. Edward Griffith (absent)
Mr. Glen Harrell
Mr. Herbert Flasson
Mr. George Hermanson
Mr. Iohn Hoyt
Mr. Russell Mudge
Mrs. Cora Obley (Absent)
Mr. Anthony Pires
Mr. Charles Popper
Mr. Bernon Young
ALSO PRESENT Various
Lukasz, '~clican Bay Field Manager.
Ba,-bara Smith, Recording Secrt~ary.
residents of Pelican Bay (approximately 1 I); Mr. Kyle
Mr. James P. Ward, Division Administrator and Mrs.
Roll Call
Clam Bay Restoration Project
A) Consideration of Engineering Design and Construction lnspec6on Proposals
B) Budget Status Report - Fiscal Year 1998
Adjourn
Dr. Vsrley called the meeting to order and asked that the Record show Mrs. Cora Obley
taxi Mca~s. Fred Flatto and Edward Gdffith with excused absences.
CLAM BAY RESTORATION PROSECT
A) CO]'¢SIDERATION OF ENGINEERING, DESIGN AND CONSTRUCTION
Dr, Varlcy explained that this was an emergency meeting to consider the engineering
design and construction proposals that the Committee has received. I personally do not think it is
· good idea to get into the pattern that we teem to be getting into of always requiting an
2684
PELICAN BAY ADVISORY CO~,fITTEE
OCTOBER 31, 1997
em~gency meeting to get things approved, but when you are ['aced with a given circumstance,
thee just doesn't seen to be any other way to do it.
If the Mangrove Plan is approved in the next few weeks as we hope, we would like to turn
every stone possible to get as much of the construction done the first quarter of next )'ear. This is
anticipating the summe~ rainy season, that it would be well to have most it'not all ot' it done
be[ore then and also that we would have one eye on the turtle season which starts on May 1. It
has been estimated that the dredging is going to require at least ninety days and with turtle season
starting May I, that means the latest start date for this program is February I. We are now at
November I, so we have three months between now and the latest start date that we can have to
have a shot at getting it finished. One of those three months is essentially holidays. We are faced
with a very tight schedule right now. The procedure that we have to go through is that we have
got to get designs done so that we can let them for bids. The bids have to be evaluated,
contractors selected and also there is going to be some start up time that the contractors are going
lo require. Then to complicate things, because we are a dependent ward ot- the County's, we
have to get the County's permission to spend the money that we have raised and allocated for this
project and we have to do it by the;r rules. As we do not have the permits approved yet, th:s
budget proposal is kind ot-a gamble. As [ see it, we should be allocating no more funds than are
absolutely necessary to keep on the schedule, with the understanding that we could lose them if'
the permits are not approved.
Dr. Varley explained that at a previous meeting we had a rather spidted discussion where
we finally voted lo select Wilson, Miller a~ the uncontested principal engineer and manager of the
program and what we have before us is the bare bones budget proposal ot' how they would go
about it. We have the usual options of either approving it as it is, making modifications with the
2685
PELICAN BAY ADVISORY COMMITTEE
OCTOBEP. ~) I, 199'/
16Gl
risk ofdelaylng this olTofthe critical path we are faced with, or reject the Plan outright. We have
the proposal which we hope will keep us on schedule and I would like to see us not get
committed to any more money than we have to, until we are certain the Plan is going to be
approved. That sets the stage for what we are faced with and asked Mr. Ward to lead us through
the budget proposal that we have before us.
Mr. Ward explained that in order to get this on the Commission Agenda. it takes two
weeka ahead of whatever meeting I need to be on. This is scheduled for Commission action on
Tuesday, November 4. It is easy to pull something from an Agenda. I can do it the morning of
the meeting, but I cannot add an item the morning of a Commission meeting. Based upon your
actions today, I will take the appropriate action to leave it as it is on the Agenda, or to pull the
item otToftheir agenda. In addition, the big question becomes whether or not we are going to
get the permit in sufficient time to be able to construct this facility. I had a conversation with Mr.
Ted Brown as late as early this morning, who indicated that his meetings with the State agencies
have been relatively good tie is scheduled to meet with the Army Corps of Engineers on
Monday of next week, in Fort Myers. Hopefully at that meeting he will have a good handle as to
the status of the issuance of the permits. ! think in terms of ~ow he is intending to proceed with
these agencies in concept is, now is the time for you to make a decision on the Redline Plan that
you have before you. We have addressed all of the questions that we can possibly address,
answered all of the questions that we can possibly answer, put everything in the Plan that you
have asked us to put in the Plan and made all of'the appropriate changes to that Plan, based upon
your commentt, so now is time to make a decision. A key issue next week for him is that if the
regulatory agencies are of a mind set to make a decision and commit to moving forward with this
Plan and be able to issue us a permit in early December, then I think we can proceed. If in any
2686
16Gl
PELICAN BAY ADVISORY COMMITTEE
oc'rOBER, :i !? 1997 ,
w~y, shape or £~ the regulatory agencies at that point say we are not ready to commit t'or
whatever v~rious reasons they may decide to come up w~th, then we cannot meet the construction
~chedules in terms or getting this thing completed bet'ore turtle nesting season. It will end up
waiting another whole year. The next week or two are critical in terms or the permit itsclr and
making some decision as to when we will proceed.
Mr. Ward continued that Mr. Brown is out or' town next week in New York on other
business. 1 do have him scheduled to be here on November 12 and we have reserved this room
i'or you to meet, so he can give you an update as to where he is with that permit. He did indicate
that he ~,ould call me on Tuesday, November 4 after his meeting with the Army Corps of
Engineers to ici me know where he is with that. I will suggest that he also contact Dr. Varley to
update him, with respect to the Corps permit. The next week or two are critical in terms or' this
permit and hopet'ully we will have some good news.
Dr. Yarley ~tated that people can be thinking during the meeting because the option that
Mr. Ward is referring to is that we cancel our regular scheduled meeting for November and have
another emergency meeting two weeks from today on November 12. The other option is to have
Mr. Ward report on what Mr. Brown finds out next week, at our r~.gular meeting and not have
Mr. Brown here on November 12. We will have to decide today what we are going to do.
Mr. Ward explained that with respect to timing, it is essentially the beginning orNovember
and we have a couple of big holidays coming up. In bidding projects, the week between
Christmas and New Years is not good at best. You generally intend to not get a lot or' interest
From contra~ors. You really need to give them the time to look at the project, to come out and
look at what we have in the field, to make sure that we will get reasonably priced bids when they
come in. The sooner we I~et started on putting together the desiF, n ~pec'l, the better off we will
2687
PELICAN BAY ADVISORY COM'MITTEE
OCTOBER ~I. 1997
be, It is absolutely correct that we are on a very short time ~use with these issues. The Redline
version of' the Plan that has been sent to the regulatory agencies that addresses all of' those issues
was really thc first time we had the opportunity to put together some proposals from thc design
community as to what it is they are in fact going to design. Now we have some concrete ideas in
that Plan of. what the design elements will be and Mr. Lukasz has been diligent in getting these
design proposals to you in a format that is acceptable to both he and me. They are in a position
now that we can at least discuss how to proceed. ~ other issue is with respect to the update on
the budget I want to go over the budget with you, whether we do it in the context of' the design
proposals or after that. I will leave that to yo~. We need to go over where we are in the
budgeting process of' how much we have spent to date, how much we owe the balance of the
contractors for the permitting side of it, where the design numbers came in with relation to our
existing budget and how much we believe ~'e have lef~ in order to finish this program.
Dr. Varlcy asked the consequences of the Commission approving this item and then {'or
whatc~er reason thc agencies tither don't approve the permits or place enough contingencies on it
that we have to take another look at it and the entire thing is off the schedule. What happens to
this then'~
Mr, Ward replied that he can stop the work on any date by just advising the design
professionals to cease all design activities as of the date of the letter that I provide to them. You
obviously incur costs up to the date of.the letter, but beyond that there would be no costs. This is
one of those times we need to make a choice as to whether or not you want to spend some
dollars, I obviously want to recommend :hat we do nothing until Mr. Brown has come back to
you and given you some indication as to whether or not you are really going to get this permit out
by December 5, That will be a key dement of.this project.
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PELICAN BAY ADVISORY COI~IITTEE
OCTOBER 1 I. 1997
16G1
Dr. Vado/~atcd that ~t t~ we ~II ~ k~ ~ un61 November 3 ~d the n~ day,
~ Com~on tak~ t~s it~ up.
Mr. W~d r~licd, t~t to ~ fr~k ~th y~ I don't t~nk we are ~en going to know that
umil ~ r~latoo' agates a~ually ~ve y~ a ~it that ~ w~t~er conditions in it that are
going to ~. In t~ n~t thirty days. you are going to s~ a ~jodty of this mon~ if y~ want
to ~. ba~ u~ w~t t~ re~lazo~ ag~i~ have indi~t~ that th~ ~11 be in a position
to ~o~de y~ in the n~t week. We ~e simon, I don't ~nt ~o ~y ~mbling but the ~ve and
t~e h~e is i~t ~h~ don't ~t ~ s~i~ ~ndltions on top of the Redline Plan that has been
~t to fl~ t~t ~411 make it unfeasible in order for you to priced. ~e ~it that ~II ~me
~t is bad,fly your redline v~sion of the Plan, which is consistent from a large dollar stand~int
ofw~t we ~ve lalked ab~t. ~e k~ ~om~ at this ~int w~t the regulato~ ag~cies ~11 do
in t~s of any spccial conditions that th~ ~nt to put in the ~t it~l[ We know what the
8~! conditions are. those are fine and lh~ is no problems ~th tho~ kinds of things. We
k~w w~t the major Redline Plan looks like and there is no problem with that. ~e question
~com~ and the key will be, what special conditions will th~ put en the permit that may add
~ ~sts to it to make it unfeasible. Do th~ c~nge the concept in the construction phase
t~t ~il ~ke it un-~nslm~le or ~m~n8 of that ~ture. ~ ~ve not indicated that there
is a~n8 that th~ are going to do t~t ~vould be of great det6ment to us, but you just do not
k~w until th~ ~nd you that pe~it.
Dr. Varl~ stated that the mate6al pro~ded does not only contain the design, but a lot of
esti~tes for the co~tmction. I deduced that there is about $1~,~ ordesign work and asked
if that is the part we are focusin8 on today?
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PELICAN BAY ADVISORY COMMITTEE
OCTOBER 31, 1997
16G1
Mr. Ward replied that you are focusing on the whole thing because once you complete the
design you then have to go to bid, award the construction contracts and then go to construction
inspection. The design phase of it, the $100,000 would be the portion that you would spend in
the next, thirty days. The balance of it would occur between January 1, 1995 and May I, as would
most of the construction dollars. If you want to delay the authorization portion on the
construction inspection work, that is okay. It is on the agenda for tomorrow. You could let it on
the agenda and itt it bi: approved, but we just would not authorize that portion or'it until you have
had a chance to look at it.
D,. Vark'y stated that he has no problem with the design stage, but has a concern with a
relative lack of competitiveness in terms of the bidding. I know a blanket statement that
construttion costs will be the following will have some competitive bidding,, but all of the rest of
the funds are prttty much earmarked. We are deciding today that is how we are going to do that
part of it. The only competitiveness from hereon will be for the construction.
Mr. Ward agreed.
Mr. Popper asked if it is sate to say that if we do the design element and spend SlO0,O00
for some re.tson it is delayed until next yeas, that money will not be wa:ted7
Mr. Ward rt-plied that it will not be spent.
Mr. Young disagreed.
Mr. Ward asked if it was the design portion or the construction portion.'?
Mr. Popper replied design portion
Mr. Ward replied no. that would be spent.
Mr. Popper asked ir we do that and the work does not get done this year, it will not be
wasted because I asrmme it can be used in the following year, is that correct?
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PELICAN BAY ADVISORY COMMITTEE
OCTOBER 3 I, 1997
Mr. Ward replied that a majority of it could be utilized depending upon, I assume at that
point the problem would be that there was some condition that was put in the permit that would
delay it. That might cause a redesign ora portion of'it, so I can't tell you with any great certainty
what portion of the design work that you might have undertaken between now and December
would be saved.
Mr. Popper stated that it is sate to say that some portion of it would have to be redone.
Mr. Ward agreed that was a reasonable assumption.
M-. Hasson Mked it' we were not taking a risk by approving something that we do not
know is going to happen?
Mr. Ward replied yes The downside risk is it' you don't, there is virtually no chance of
getting this constructed during turtle nesting season.
Mr. N{udge stated that we need to look at the turtle nesting season and the season that
you can construct. Starting November I you can do your construction work which gives you six
months. Something to consider here is delaying the engineering work a couple of months, until
you have sorted out W~~ a November I ction ~tart.
,
Mr. Ward replied that is an option.
Mr. Mudge stated that it looks to me when you look at the Christmas season coming up,
there is going to be a hard time in getting those construction plans together. Although, I do not
think there are many bidders on it.
Mr. Ward stated that the main channel Cut #4 which is the big construction activity and
the significant portion of the expense, there are not a lot of' contractors that can do that kind of
work. There are two or three companies available.
PELICAN BAY ADVISORY
OCTOBER ~ 1, 1997
I 6G1 ""
Mr. Luka~z ~tated that there are more contracto~ that can do that, versus cuts #1, 2 and 3
which t~kcs spe~'~lized sm~ll equipmc~ to get up it~o those creeks. That may be limited ~s to
how many contractot~ will respond to tl~t portion of the bid.
Mr. Mudge stated that he is leaning on going a little slower to make sure we have it
through the Army Corps or Engineers and shoot rot a construction date or November !, 1998.
Ms'. Mudge indicated Mr. Lewis put on Il very good presentation yesterday, with good
bd'ormation on signs or ncw growth. I get kind of hung up on rushing fight now to push this
thing thsough.
Mr. Werner agreed with Mr, Mudge, but asked it'it wasn't something that should get done
so that Clam Pass doesn't close again? That is supposed to be the essential ingredient on this
Plan, to get the pass open.
Mr. Mudgc stated that Mr. Brown is to meet on November 3 with the Army Corps or
Engineers and at that point he should have a good idea ot'what is going to happen.
Mr. Werner stated that he feels we are bring encouraged to make decisions today, that we
are going to make with very little or enough int'ormation and there is no reason in my mind why
this decision can't be made a week or two later and still have things happen.
Mr. Hasson agreed.
Mr. Mudge asked it' you could go ahead with Commission approval, subject to ~rther
knowledge from thc Army Corps of'Engineers?
Mr. Ward replied that we do not have to issue the purchase orders.
Mr. Hoyt s~ated that the County Commission would not go along with conditional
approval.
2692
....... ·- ,,, nn[ Jim ~[ "- [ Ill IIIlll -
F~.LICAN BAY ADVISORY COM~tlTTEE
OC~i'OBER ~ I. 199'/
Mr. Wud aD'ced, saying he would let it go through, but just not issue thc purchase orders
to the vendors to do thc work until the Notice to Proceed has been received. Mr. Mudge stated that he fecls thc Commission would approve it.
Mr. Ward replied that il'it comes with a recommendation from the Committee. I think th~'
would.
1 6G1
Mr. Mudge stated we then hold up on moving until such time ~s we receive the clear,ncc
with the Army Corps of Engineers, couldn't we do that? Otherwise you are putting off
Commission approval for another three to four weeks.
~r. Ward explained that if Mr. Brown is successfiJI in getting the permit on or about the
£trst week of' December and you start the design phase at that point, it is going to take until the
end of January to get the design ready to go and you might be in a position to bid it at that point.
You are then taking from the middle of January to the end of January to bid it and get that job
awarded, To construct it you are looking at essentially March and April. A sixty day time
schedule to construct this activity, I don't know if it is possible and I do not know the degree of
probability of getting it constructed in that time schedule. That would be the normal sequence
that you would go through
Mr, Werncr stated that looking at the correspondence from Mr. Drown to the Army Corps
of Engineers, etc. that he was telling them that at the meeting on Monday he was going to ask
them to "fish or cut bait".
Mr. Ward agreed.
Mr. Wemer stated that he believe~ we will have a pretty good idea of what they are going
to do, we do not need the permit, but a good idea of what and if they are going to do something,
before we authorize the design phase. Let's go ahead and get the money appropriated by the
2693
P£LICAN BAY ADVISORY COMI~I~£ I 6 G 1
OCTOBER 3 I, 1997 ........
Commission, but let's not issue the purches~ orders until we here a better red that it is going to
go through.
Mr. Ward replied that is a reasonable idc~.
Dr. Varley asked ifyou would start the design part of it?
Mr. Wcrner stated that you are not talking more than three or four working days.
Dr. Varley stated if it is no more than that he would agree. It seems to me that there is a
possibility that they ~re going to approve it, then there are so many contingencies in the small
print that you have to go back and rebuild the Plan.
Mr. Ward stated that he docs not think they are going to do it in this situation. We have
danced with them for six to nine months, so ! think to a gre~t extent, Mr. Brown has worked out
all of the issues that they would have normally put in this, in the Redline Management Plan. The
question then becomes, will there be any special conditions associated with that Permit that we
just don't know about'~
Dr. Varh:y asked if Mr. Wa-ncr was suggesting that we just approve this and sit on it7
We have that out of the way and if they approve it, in a week or so we can activate it and go on
with it and if not, we can sit as long as they sit.
Mr. Wcrncr stated that it is going to take two or three weeks to get back in thc process
for County Commission approval. Let's not waste that time. Let's go ahead, but not issue
purchas~ orders until we are comfortable that we are going to get the permit pretty much as it has
been applied for.
Mr. Brown asked it' Wilson, Milh.'r, Barton & Peek were the designers.'?
Dr. Varley replied yes, with thc help from others.
2694
PELICAN BAY ADVISORY CO~D, II'I'I'EE
OCTOBER ~1. 1997
16G1
Mr. Tom Brown ~ked ii'we were not going out for competitive bid?
Dr. Varley slated that we decided two meeting~ ago, that Wilson, Miller was going to be
~he lead.
Mr. Tom Brown ~aated that he would think that we would be in a position to tell them that
they ~re going to get the busine~ if we do this and hopefully instead of telling thc~"n they have six
weeks to do the job they can be g~ven a schedule io get the work done. They know ail of thc
cormraints whether it be tunics, Chri~rnas, etc. and say that this has to be accomplished by a
ce~ain date. We can th~n go to the Commission. Instead o£ having the customer tell you what
they are going to do, why doesn't the person who is paying the money say this is what we want
done, ca, you do it
Mr. Tom Brown asked if the mangroves are continuing to die at a rapid rate, have they
stabilized or arc they coming back?
Dr. Varley replied that if you believe Mr. Lew~s' presentation, they have not only
slabilized, but the)' arc beginning to come back. ! think he made the point vcry clcar that this was
not necessarily a long i~d
work that needs to be ! home l'r~. ~z
Pop ,h,, orr to, .,,
di~ssion ~t ~h~ o~h~ t~n ~he pass cJosing ~gain?
Mr. W~rd replied that obviously one is the closure of C~am Pass. The other is that we
~ve ~ · relatively d~ ~n ~or ~wo years a~ my underst~ding from Mr. Le~s and o~hers is
l~t is lhe m~jor rein we ~ve ~ r~o~h o~ lho~ ~n~oves. To the ~tent that you have
we~th~ co~Jfions ~Bat ~!I fl~d lho~ m~ngroves ~gain, you will !o~ whal~er gro~h you
have ~d in ~he I~st two years. That is a call that you have to make.
PELICAN BAY ADVISORY COMMITTEE
OCTOBER 31, 199"/ ,
16G1 ''
Mr. Young stated that except you now have an emergency pump system that we did not
have before.
Mr. Ward agreed.
Mr. Hasson stated that Clam Pass is already closing. We cannot wait around for that
again. I suggest we go along with Mr. Werner's suggestion to get this thing on the move.
Mr. Tom Brown asked it'th~e was a reason we could not give these firms a due date to
meet?
Mr. Ward replied that we will give them due dates. They all understand in the proposals
that the5 have given us, thai they have got to be complete with the design phase of this within a
time schedule, such that it can be constructed during turtle nesting season. I was not willing at
this juncture in the proposal to give them a stop and start date until I understood where we were
headed and you wanted to go with respect to the stan date on the design. Once we come up with
that phy~cal stan date, we will give them the end date For design at that point.
Dr. Varley stated that he feels the consenst,s is to go ahead and get it approved and not do
anylhin8 for another week or so. We have been saying lhat all summer.
Mr. Young stated that he needs to get it clear in his mind what happens after the County
Commissioners approves our Plan. Are we locked into this Plan? If.we are unhappy with some
costs that some of these people are billing us and want to change personnel, do we have to go
back to Ihe County again and ask For an amendment?
Mr. Ward replied, only if' we go over the number. If' we stay under the $237,800 or
whatever each of' the numbers are, I can admini:,'tratively make changes to the scope without
going back. lf'l go over it, I have to go back to the Commis:ion for authorization.
2696
PELICAN BAY ADVISORY COMMITTEE
OCTOBER 3 I, 1997
Mr. Young ~lated that he reels that is imporlant because we have not had the opportunity
to discuss the "nuts and bolts" ot'this program.
Mr. Ward agreed.
Mr. Young stated that the idea is to get the County to go along with the expenditure, but I
am not ready to spend that money yet, at least not the way it has been presented. Someone has
got to tell me. I have never been involved with a project where 50*/, of the total costs are
involved in engineering and inspection and permitting. We are spending $1,$00,000 of' which
only $900,000 is going into actual construction.
Mr. Ward replied that is the trials and tn'bulations of permitting work.
Mr. Young replied that is what they tell me, but I see some figures here which I think are
outrageous in terms of what some of Iht'se environmentalists are charging us. We haven't even
had a chance to discuss any of the details of this.
Mr. Werner stated you are absolutely right. We have been told that is the way it is, take it
or leave it.
Mr. Young asked it'am/one from WC! was here today and asked if'they were happy to go
along with some ot'these costs?
Mr. Ward replied that they are.
Mr. Young replied that they know more about it than I do then.
Mr. Mudge stated they have committed to $1,000,000 and that is it.
Mr. Pires stated that Ms. Watts has articulated that before. Her same frustration is the
costs involved in complex permitting situations in projects such as this. They end up spending
more time on the design professionals doing various design work and construction plans and
preparations, than you do in actual field work.
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FELICAN BAY ADVISORY COMMITTEE
OCTOBER 31, 1997
Mr. Ward stated that from his experience with projects he has worked on is that when you
are in an arena where you are affecting mangroves or some son of a species that is protected, a
significant portion of' the costs is trying to get the permits to do whatever it is you want to do.
This one boggles my mind in the sense that we are trying to protect the environment and have still
spent this much money on it. We are not trying to build houses on top of Clam Bay and that is
what is the most frustrating portion of this project. I can tell you from experience that what you
have spent on this is probably on the Iow side o£what I am used to seeing and that is a function of
the people you have working for you on this project. We have bought and hired the best
individuals that we could possibly find. I have seen projects come in where the permitting and
design costs are greater than the construction costs. That is what you get in this arena and is a
sad state of atTairs For anybody.
Mr. Werncr stated that the other part of this Executive Summary is to authorize an
increase in rates for Wilson, Miller. We have heard in the past, that it is not that important
because they do not do that much work for us and now that it is time to get into some heavy
dollars we get an increase in rates. Evidently they have not had a rate change since 1987, crc. but
just be aware that you are ,~uthorizing an increase in their rates also.
Mr. Young stated that in his last discussion he understood they were willing to go along
with the rate schedule they had with us. Now I see built unto this, without any discussion of our
group, a rate increase.
Mr. Ward stated that in terms of the rates themselves, I have given to you the standard
rates for Johnson Engineering; Hole, Montes; Agnoli, Barber & Brundage, e~c. when we talked
about the CCNA process. The one thing I happen to like about this rate schedule was not so
much the number, but thc way in which they have reduced the number of categories that they
16G1 ''
2698
PELICAN BAY ADVISORY COMMITTEE
OCTOBEK 3 i. i gg?
have. You will recall the old rate schedules had a Surveyor I, il, III, etc. but no definition of' the
category. The result of.that, what ! have generally seen through the years, is that the professional
consultant had the ability to put in whatever category, whatever individual they want, at any time.
For example we had penon "A" who was today an Engineer I and tomorrow might be charged
out as an Engineer II. You really did not know whether he was an Engineer I or I! and your
agreements did not provide that you could control that. What they did here, which is unique and i
have not seen this in Ihe industry, is that they have defined the levels of. 1, II, III. IV and V as to
what you must have in terms of your educational background and experience and as a result of.
that, makes them now accountable IO you in ten'ns of who is going to be working on the project
and at what level is now a defined term and can be put in a specific category which was never a
true statement in the past,
Mr. Pires stated that they still have discretion of' to who they have working on a particular
aspect. For example if Mr. Means in working on it, he is charging out as a Principal, which is
:$135.
Mr. Ward replied that he charges out as a Professional Consultant V at S1 I0 00. The only
principals are Barton, Reynolds, Boutwell, Etc.
Mr. Pires stated that Mr. Means is listed as a principle in his schedule.
Mr. Ward replied yes, but he charges out as a Professional Consultant V.
Mr. tterrnanson asked if the agreement with Wilson, Miller provided for rate increases in
any way?.
Mr. Ward replied that it did. It is an old agreement that the Pelican Bay Improvement
District entered into a number of years ago.
2699
PELICAN BAY ADVISORY COMMITT£E
OCTOBER ~ I. ! 997
profe~ionals, th~s is the basis of the amount of time they would spend on each phase of it. Those
are decisions that both Mr. L,ukasz and my~lt.want to at least see in terms of'the level or' service
they are going to be providing.
Mr. Pries stated they are more minimum than maximum.
Mr. Ward replied that they are more average than nfinimum.
Mr. Werner asked it1 Mr. Lukasz and Mr. Ward have both looked over each of the
proposals and are comllortable that they represent a real value to us and we are not overpa~ng or,
God t.orbid, underpaylng'~
Mr. Ward replied that because I was concerned about the ~Vilson, Miller portion, I had
them I~ve me the individual and hours by category that they were going to provide to us. We
looked at that and made some modifications and we are both comfortable with that.
Dr. Varley stated that his concern is at the end ollall or'this when we talk about design and
I think we all here assume that you are going Io design the flap gates and channel cuts so that they
meet the specifications. The worry that I have is, it' the specifications in any way change or
anything unusual happens over the next theee or tour months, then the answer is "well that really
is not what we planned on doing". There is no way to set down what the end of' all o£ this is
going to be and what they are going to do. Are we hanging out here on the hook, or is this a real
cap number that we are looking at.'? If' we pay so much llor the design, do we get a design that is
going to work.
Mr, Ward replied that he is less concerned about the design phase of it, than I am about
the construction inspection phase oil it. You do not know what you are going to find when you
get out there in the field. The numbers t.or the construction inspection portion of'it, the issue that
I 601
2701
PELICAN BAY ADVISORY CO~,~.,~tTTEI~
OCTOBER 31, 1997
1 6Wlmq
I do not think it is going to be problematic on the design
you just raised, could be problematic.
phase. That is pretty much ~-t.
Dr. Vadey ~ated that when you have t~e design you have specifications and plans that say
this is what you are bidding on and what you are going to get done. W~th the design. God knows
What we are talking about.
Mr. Ward slated that in terms o{' the design itself, the redline management plan has the
q~cifics of exac0y bow it will be deigned, wt,,re the Seagate culve~s will be. We have su~reyed
in the main channel cuts and know pretty much where the interior tidal creeks will be. We have a
pretty gc.xl handle on tt~s and all of the money you have spent so tar has been really some good
dollar~ in terms of what we have in terms ofbasic da~a in the field, etc. There is a lot ot' good
base data out there from which to do this de~gn. We have a high degree or' specificity at th~s
point of'what the design will Ioek like.
Mr. Young asked if we go to the County with this proposal, the actual construction costs
are budgeted at $925,000 and this is really an unknown at this point.
Mr. Ward replied that the budget itself is not the agenda on Tuesday, only the engineering
proposal. Once I had these numbers, I was able to take my original 1995 Budget which you had
already looked at and update that, taking into consideration the design proposals to see how much
we had leR o,'er for construction and make a detenninalion as to whether the preliminary numbers
that we had gotten from the contractors f~t into the constraints of your ~nding levels.
Mr. Young stated that it' when we get our construction costs and we cannot meet this
$1,$00,000, we still have another opportunity to go back to the County and tell them what we
need to spend?
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PELICAN BAY ADVISORY CO~,GIITTEE
OCTOBER 31 ? 1997
Mr. Ward replied that yes. but this is all of'the money that we have.
Mr. lloyl stated that takes us back to square one which is do we go ahead and approve
final designs bet'ore we get permits. The final design as I understand it, has to outline what the
permit is to do. Ifwe go ahead with final design before we get permits we're at risk at that point
in time.
Mr. Ward replied that you arc only at risk for whatever the special conditions that the
regulatory agencies may place on that permit. I think Mr. Werner's idea is right on point. We
should definitely not proceed with this until after we talk to ~,[r. Ted Brown. I want you to
understar J that even after you talk to Mr. Brown, the day after the Commission Meeting or
November 12, what that regulator docs between November 12 and the day he gives you that
permit, wc don't know We have an idea what he is going to do and feel relatively comfortable
that we are in good shape, but we don't know until you get it. You will know more than you do
I~OW.
Mr. Hoyt stated that he would just as soon put the pressure on them than us. If we go
ahead with the final design work. then the pressure is on us. Right now it is on Ntt. Brown and
the regulators to do their thing so that v.e can proceed.
Mr. Brown suggested that we move the November ~leeting from November S to
November 12 and have Mr. Ted Brown at that time. He can see what people have said and he
can also call each of these people in the State and Federal Agencies and ask them, should the
Pelican Bay Services Division go ahead and spend the money on engineering because they want to
get it done this year. I have worked with a lot of'different levels of government and they will give
you an indication. I have asked and they tell you they car. not tell you that, but the way they
answer you can tcll whether to spend the money.
2703
PELICAN BAY ADVISORY COMMITTEE
OCTOBER 31.1997
1 6Gl
Dr. Vadey asked if he proposed going to the County to ask for our allowance?
Mr. Brown replied that he would ask for the allowance, but not spend any of it and also
tell Wilson, Miller that on the 12~' of Novembet we may say we are going to go and you are going
to set a "drop dead date" and you are going to have to meet that date.
Mr. Wcrner asked if we were talking about going ahead with this request to the County?.
Dr. Varlcy replied in the affirmative.
!~r. Werncr slated that he is confused about the numbers for the design work. I am trying
to compare those with the numbers in the Operating: Budget. My confusion is that the Wilsort,
Miller number is the same. If you add up Tackney's numbers we are showing authorized $42,000
and $23,500 in the Operating Budget. You had Lewis authorizing $71,500 versus $90,000 in
here. Why the ditTcrences'~
Mr. Mudge stated that it totals about $2,000 difference.
Dr. Varlcy stated that the answer is that there is two parts in engineering. One is design
that they are going to provide during construction.
Mr. Ward replied that I am off$2,000 and that is Dr. Snedeker and I will fix that. What I
tried to do was split out the design element from the construction inspection and it looks like I am
off$2,000. There is $2,000 more in the Operating Budget than in the proposals.
Mr. Werner stated that of all of the five different elements, Wilson, Miller comes out
exactly the same. [n your Operating Budget you have Tackney for $23,500 for the different
phases he is involved in. You have in your request to the County $42,000. In the Operating
Budget you have Mr. Lewis for $90,000 and you are requesting S71,$00 from the County. I am
just curious what is right.
2704
OCTOBER 31, 1997
Mr. Ward repfied that this is right, I have to change the nomenclature. ! may have
~mebody's name wrong in the Operating Budget.
D~, Varlcy asked if there was any problem if things were not included in here? There is
nothing in here for Mr. Brown from here on in and certainly he is going to be a pan o£this and we
are going to get charged for it.
Mr Ward replied that once you have the next phase of this would be when you have
construction cos~ numbers and we would update it to include that in your budget at that point
where you would include Mr. Brown. We have no good numbers on that just yet. The removal
ofthe dead n',an~rove trees and starter islands we do not know what that is going to cost. The
$43,000 we have budgeted for rnon~orin& Mr. Lukasz has done some preliminary estimates on
that and it appears that is going to come in the first year right at S43,000. The monitoring is the
on-going stuff.and will be something you want to know on the 12~' of November for sure and will
be an on-going item you will have to fund on a yearly basis in this program. Yes, we do need to
take into consideration Mr. Brown at Ihat point.
Mr. Mudge stated that there is an extra S46,000 in your Revenue Reserves also if you take
5% of.your assessments.
Mr. Ward agreed. I think it is close, but I think it will work.
Mr. David Roelli& Chateaumere Resident (retired employee of' the Army Corps of'
Engineers) asked if. there was any real estate that has to be obtained, such as the Seagate
easements7
Mr. Ward replied that the documents have been reviewed and approved by the County
Attorney's office, submitted and reviewed and approved as to form by the underlying fee title
owner where these So8ate culverts are located. They are now waiting on executed documents
2705
OCTOBER 31. !~7
from 1~ ~ ~fl ~ th~ ~e r~eiv~ lh~ ~ll ~ ~bmitted for ~e~tion
C~my Commi~io~.
Mr. ~l~g ~k~ ift~t w~ the only ~al ~ate probit?
Mr. W~d r~ t~t has all ~m worked ~t and it i~ m~ely ~chan~ng do~ments at
t~s ~int.
Mr. R~lli8 ~ked if we ~ed ~ttm d~m~tatlon at the Monday
Mr. W~d repli~ t~t ~ d~ ~. ~t ~uld ~ ~ but not likely.
Mr. W~ stated t~t t~ n~ fi~ ~veju~ ab~t eatm up the $284,~ conting~
t~t we had in the ~dg~ ~bmitl~ to the C~nty. We do not have any conting~es now if~he
~tm~ion co~s are higher and ! do ~t k~ w~t y~ do th~. We have eaten up our
conting~ci~.
Mr. li~an~n ask~ if con~ion co~s do come in over budget, should we not be
d~elopin8 a p~o~y plan wh~e i~ems can ~ ~bstituted or deleted or defened ~ that we do not
~ve an all or ~thlng silua6on w~ ~ho~ bids come in? Aren't ~here thin~ we know we would
like ~o do, ~ ift~ costs w~e l~ ~ ~ ~ld def~ them?
Mr. Ward r~li~ that y~ we k~ t~t, I t~nk we ~ ~o reread that p~it to find
if we ~ve the luxu~ ofdoin8 that.
Mr. W~ ~at~ tha~ we c~nged ~ ~h~ule We o~gi~lly had the Seagate ~lvens
l~d ~he e~ of lhe const~ion and now it ~s b~n mov~ fo~ard ~o put them at the
~in~ which is ~t a S70,~ hit.
Mr. H~n~n ~at~ t~l what is talking ~ut almost ~s to be decided when the bids
ue ~tlm so ~t the pricing can ~ done ~o ~low for r~u~ions if the costs are high. ~o~
d~sio~ ~ve to ~ made ~fore you bid
2706
ft~ t~ aM ~a a~ th~ ~ r~iv~d th~ ~II ~ ~bmltt~d for ~tion by th~ Board of
C~ C~mi~io~.
Mr. ~g ~k~ ift~t w~ the only ~1 ~at~ probit7
Mr. W~d r~lied that h~ all ~ worked ~t aM it i~ merely ~chan~ng do~ment~ at
t~s ~int.
Mr. ~lig ~cd ifw~ ~~ ~tt~ d~m~tation at thc Monday m~ing?
Mr. W~d rcpli~ t~t h~ d~s ~. ~t w~Id bc ~L but not likely.
Mr. W~ stated t~t t~ n~ fi~f~ ~eju~ a~ut eat~ up the S284,~ conting~
t~t we ~d in the ~d8~ ~bmitt~ to the Count. We do not have any contingencies now if the
~n~m~ion co~s are high~ and I do ~t know w~t y~ do th~. We have ~ten up our
~ntin8~
Mr. ll~anson asked if con~ion co~s do come in over budget, should we not
d~eloping a p~o~ty plan where it,s can ~ ~b~itut~ or del~ed or dcfened so that we do not
Mve an all or ~thing siluation wh~ tho~ bid~ come in? ~'t there things we know we would
like lo do, ~t ifl~ costs w~e t~ ~ ~ c~ld def~
Mr. W~d r~li~ t~t y~ we kn~ t~t, ~ t~nk we n~ to reread that pe~it to find
i~we Mve t~ luxu~ o~doln8 that.
Mr. W~ ~ated that we cMnged t~ ~h~ule. We o~8inally had the Seagate ~Ivens
t~d t~ e~ of the constm~ion and now it ~s b~n mov~ ~o~ard to put them at the
~nnin~ which is a~t a S70.~ hit.
Mr. lt~n~n s~at~ t~t what is talking a~ut almost has to be d~ided when the bids
are ~tl~ ~ t~t the p~cing can ~ done to ~low for redu~ions if the costs are high.
d~o~ ~ve Io ~ ~de before you bid it.
2706
OCTOBER 1 I, ! ~7
Mr. W~ ~at~ t~t ~ ~ ~d the R~line PI~ ~, the ~nstmction time for the
S~te ~l~s ~s ~one from two weeks to ~ ~ks a~ time is mon~ and I really do not
~ ~ in t~ ~i~t~ costs.
Mr. W~d r~l~ that t~e is ~ ~m
Mr. W~ ~at~ that accordin~ to the Plan the time ~ gone from two weeks to six
~ worth or work.
Mr. W~d r~lid ~t is tree, ~t thee is ~ additio~ co~s involve.
~ involv~ ~h l~s~nin~ ~nd ~a pipe a~ ~k~ irwe ~ve r~lly built zhis ~ra co~ into
Mr. W~d r~li~ I~t ~ ~ ~ told t~t we ~. I know we ~ve cos~cd it ~t ~h
ro~ to ~ssing it ~i~h l~ ~H~s com~o~ to do t~t work h is in the numbers and
t~ bids ~ in ~orda~e ~th ~t we ~ ~ told, we ~11 ~ in ~ sha~.
Mr. Ha~n ~i~ Iht ~ is co~d t~t we ~ve no conlingcn~ mon~. Sure as we
~e ~ttin8 ~e, ~hing is ~oin~ to ~me up ~d wh~e is this ~n~ going ~o come from?
Y~ a~ I ~th k~w that ~ ~dg~ i~ going to ~rk ~t and [ w~ld like to know ir
m~ ~e in~t~ ~ is t~re ~m in
Mr. Ward r~li~ i~t the constm~ion ~mb~s ~e the most con~ative numbers t~t
we ~vc ~n ~ from the ~fi~s contm~ors. ~ arc the highest that we have been ~ven in
Mr. Hu~n asked if Mr. W~d felt comfo~able that th~ ~y be on the high side rather
tl~n the Iow side?
2707
I~ELICAN BAY ADVISORY COmmITTEE
OCTOBER 3 I. i 99?
Mro ~lrd reptied that he is not wiHin~ to go out on that limb.
I am ~l]iflg to tell you the
numbers we hav~ are the highest numbers from the contractors. This kind of construction activity
is not something we do ag day long. ! can tell you wl~t it costs to build a road or put a water and
sewer l~ne in and can virtually guarantee those kinds of' numbers to you. T~is is a whole nc~v
baggame and [ can only tell you that Mr. Lukasz and all of us have done the best we can in
costin$ out this }ob. We will just have to put these specifications together and see where those
numbers come in
Dr. Varley stated that it is a real poss~'bility that when the bids come back we will look at
them and say we cannot afford it. ! don't think that will happen, but it is an outside possibility.
Mr. Ho~ stated we have that right and that is the important thing.
Mr. Hermanson stated that in the Scope of'Work for the bid documents there should be an
item for separatins items out which could be deductions or alternates on the basis of the
conditions of the permit. That could happen and we can't say we can either do it or not do it.
We have Io say that the permit allows us to do 80-904/, and we can defer these and do something
later, Let's award thc contract and move ahead. Otherwise we will be stuck and should be
included in the Scope of Work.
Mr. Ward agreed.
Dr. VarleT stated that Mr. Hermanson has had a lot of. experience with this and asked if
the permit was likely to come back and say we will give you permission to do this providing you
do every single bit of work?
Mr. llermanson replied that this is such a unique permit that it is hard to s~y. Norm~lly
the permit aJIows you to do less tl~n ag of. it because you are not impacting the wetlands or the
environment as much as you are askinl~ to. You can always pull back. In this case we are asking
2705
PELICAN BAY ADVISORY CO~O, tlTTEE
OCTOBER, ~1.
to do some~l~ng totally different, but I would think there would be items that we didn't have to do
il'we didn't warn to. Those are the things that we have to idcntiS/. When we see the permit and
the cona~tions and find out what we have options on, I think the consultants need to prepare the
plans and bid documems with that in mind. If. we have to save money, then we can save the
money.
Mr. Tom Brown stated that he was at a loss. He assumed we were doing the bare bones
that w~ have to do here and I don't know what options there could be.
Mr. Herm~nson replied that I'or instance, if' we cannot do the Seagate culverts, that w~s
considered a so~ ot'a nice thin~, but we don't have to do it. If.we can do ali but some ot'the tidal
cuts. We will do 75% of what we want, but the rest we do not have the money for. I would
th~nk those things could be del'erred or deleted for future financing Mr. Hermanson asked Mr.
Ward how long the permit was good for?.
Mr. Ward replied ten years, five of which are for monitoring.
Dr Varley asked if it would be worth having Mr. Brown inquire about that on Monday
w~en he meets with the Army Corps ol'En$ineers?
Mr. Ward replied that question needs to be asked.
Mr. Craigbead asked it' the budges that w~s put together included $1,000,000 from WCI
and our three years of S667,000 and that is the money that has been used up and no contingencies
left? What happened to our 5600,000 that we had?
Mr. Ward replied that this is just the Clam Bay Budses? There are other funds available in
your other operating departments
Mr Crai!~hend asked if'those funds could be used?
2709
PELICAN BAY ADVISORY COMMI'I'rEE
OCTOBER 3 I. 1997
Mr. Ward did no! agre~ with that.
Mr. Tom Brown stated that to him the mangroves are an Uninsured Asset and we have set
money aside for Uninsured Assets and that money should be able to be used.
Dr. Vartey stated that the Capitol Budget was a t~ve year budget and included a number of
different hems. In the aggregate, the rrangrove part of this was about $0% of the total amount.
It was an $80.00 assessment every year for fiv~ ~ ~ is portioned out year by year. What we
are talking about is the money ca.ed over from last year, plus this year, but we do have some
money left in future years down the road.
Mr. Ward replied that $1,000,000 was allocated to the Clam Bay Restoration. With your
levy from last year and this amount you have collected essentially $1,000,000 and along with
WCI's $1,000,000 that has gives you the $2,000,000 Operating Account at which to operate this.
You have Sl,800,000 of expenditures shown on this sheet and about 5200,000 which you have
spent to date.
Mr. Werner said to correct that, according to the 1998 Operating Budget for the Clam
Bay Restoration Capital Improvement, there is only $667,000 budgeted. There is nothing
budgeted for 1999, 2000. We reallocated those moneys.
Dr. Varley stated that if you take the amount that was included in the five )'ear Capital
Plan that we approved to begin with, about half of that was allocated to the mangroves which
would be a bit more than just two years worth.
Mr. Ward replied that was in the original budget and then in the 1998 Budget it was
updated. When the original budget was done the contemplation was SI,500,000 from PBSD and
$1,$00,(XX) from WCI. We levied initially on that concept. After the budget we had the
agreement with WCI and they agreed to put in $1,000,000 and that is what we have been
2710
PELIC~ BAY ADVISOKY COM~ITTEE
ocTOBER
proceeding under the assumption ol. doing at $86.00 per unit per year.
In the 1998 Budget I
lowered the five year projection down to the $I,000,000, so you have Sl,000,000 budgeted
currently in your five year Capital dement a the overall expenditure for Clam Bay. You can
change that next yra' il.you need to do that, ! don't think that will adversely impact the $86.00.
Mr. Werner moved that we go ~lead IJld submit the design phase ....
Mr. Ward asked it' we could talk about that. Mr. Brown mentioned that earlier, but we
need to talk about the design and construction phase. Il'you recall we talked sometime ago about
whatever decision you make with respect to the consultants you are going to use t'or the design
phase, those ~re the consultams you have to use for the construction phase. You have to be able
to ¢ertiB/the project. We need to all undersland that it' we are going to move l.orward at this
point, you are moving t'orward with this team and these numbers t'or both the design and
construction phase ot' it, irrespective ol. the implementation date. You really need that same
consultant to inspect the work that he is designing and to certi6/that.
Mr. Werner stated that Mr Ward just told Mr. Young the opposite of that. The intent
here was Io go ahead ami get this money approved and ii' we were not comfortable when it came
back we could switch horses. Mr Werne~ asked Mr. Young il'that is what he understood~
Mr. Young agreed I am concerned that paying Mr. Lewis $135.00 per hour and we are
paying other consultants with Dr.'s in front o£ their names, S90.00 per hour. I am concerned
about the travel expenses he is billing us. When you start adding these numbers up we are talking
thousands of dollars and I have never really had the opportunity to see what Mr. Lewis has been
charging us. Has he been charging us l.or all ofthese meetings that he has been coming to?
Mr. Ward replied that the meeting which was held yesterday he did not charge us for.
That was at whoever's expense. In terms of the whole team, you can change the whole scope but
2711
PELICAN BAY ADVISORY CO~.~IITTEE
OCTOBER ~ I, 199~
once you do the design that consultant needs to inspect his design for purposes of cer~i~ng to it.
Tim is what I wzs rct'ercncin~.
Mr. Young stated that it' we are passing this on to the County we are approving the ne~w
W'dson, Miller contract without real serious discussion on our pan and we are approving ?,fi'.
Lewis' $125.00 per hour and all or'his schedule. I don't know how he can be billing us at $.3:5
per tm'lc tot 2,500 miles so many times and staying over here and billing us t'or hotels at the same
time. These are just budget figures and you will need to check them to make sure you are not
paying mileage on days he is staying and we are paying his hotel.
Mr. Ward stated that when a consultant slays overnight, they are required to submit all or'
their' hotel bills, meal expenses, etc
Dr. Varl~ stated that his understanding was that Wilson, Miller would be lhe engineers
that would manage lhis whole program for us. When lh~ engage a consultant like Tackney,
you mean we have to buy bolh of'them or are we just buying Wilson, ~,tiller.
Mr. Ward replied that you are essentially buying each o£ them for the value for the work
they are performing
Dr. Varley stated that whoever do.*s the design work has to be ~he Construction Engineer
on the site to assure ~hat it was done according to his design. Does that mean that ever),body
who has a pan of'the original design has also now got to be a construction engineer out there
attest how it was done or is it.just Wilson, Millet that has to do that?
Mr. Ward replied that Mr. Lewis is not really de~qned statutorily as a consultant, so he
does not give you a certification. ~,fi.. Tackney is the only other consultant because he is a
hydrologist by occupation You will rely on his and Wilson, Miller's certifications which are the
two most important in the scheme of this project. We have always said from the beginning of
2712
1 8 G 1
ocron , ,1. ,
t~t t~ ~drol~ of C~ Bay is what is ~t ~ionai ~d ~ s result of that, that is
are ~ Y~ Ee re~ng on ~s ~ifl~tion ~ to the desi~ and const~ion inspection
~t~. ~1~ MiH~ is addinB ~ additio~ ~ to Tackn~ is te~s o~ assistin~
~tlng his d~i~ on a s~iflc pi~e oF pa~. It is a joint working e~o~. ~o~cr the design
pro~s~o~ is ~ ins~ ~s ~ wo~.
Dr. V~I~ s~ted t~t ~ is g~tin~ back to Mr. Ward's comment to Mr. Weber ~n that
y~ ~pge t~ d~ prowl and t~s i~lud~ Tackn~, ~s and Snicker, etc., your
~lt~t ~ t~t w~ d~s the d~i~ ~ ~ot to th~ be pa~ o~ all o~ the rest o~ the
m~~ pans oF ~r proem. Do all oF t~ ~ltants th~ ~ve to ~ pa~ o~ ~ other
pa~ oF~r pro,am or can ~s or Snicker ~ drop~d ~t?
Mr. Ward replied yes, ~t t~t ~s ~ tak~ into consideration in the numbcrs that ~ve
~ pre~t~ to )'~.
Mr. H~ ~tat~ t~t Mr. Tackn~ ~fied t~t ~l~ Miller would ~ the lead firm for
of the p~ o~ t~ proj~ and his fi~ w~ld be specifically r~pons~ble for preparing the
~ion~ of the ~ification~ relat~ to t~ dred~n~ of Proj~s I and 2. to pro,de updated
~~ion co~t esfi~t~ a~ ~dding ~pe~sion related to dr~ging and al~ pro~qde
co~lfing ~ces to t~ I~d firm related to the actual dredge const~ction. No place ~n here do
t~ ~y th~ are compl~ng ~th the desi~ s~ifications. It ~cem~ to me the lcafi firm of
~1~ Miller h going to do t~t.
Dr. Va~ ~at~ t~t w~t ~ theft he und~st~ to begin ~th was that we could buy
t~ d~i~ package, approve it and get the C~nty to a~ree and we have the fl~ibifity to make
c~ng~ if we ~h ~her do~ the line. Now ali of the ~dden I hear you ~y that i~ not
~ible. ~ y~ pick the design t~m you have picked the team for the game.
2713
A V SOm 1
~OBER 3 I. !~7
Mr, Wud ~ai~ I~l ~ on ~nge t~ S~ a~ d~rea~ the ~ope, ~t you cannot
~8e t~ t~ at this ~int.
Mr. Pir~ ~at~ I~t makes ~. ~m y~ are constm~ln8 in the field you cannot ~ve
~t~ co~ltam ~ up ~ c~i~ l~t w~t Mr. Tackn~ d~i~ed h~ ~en
Dr. V~ ~ if Mr. Tackn~ is doing t~ de~in~ w~ are we pa~ng
Miller'?.
Mr Young stated that Wilson, Miller is on every design phase.
Dr. Varley stated that originally that made ~tse to him, but now it doesn't.
Mr. Ward explained that Mr. Tackney will do the design phase of whatever it is he is
designing He will give his materials to Wil~on, Miller who will take that and pot it into a package
that has the technical specifications, does the drawings for it and we will take it and put the
business specifications that go with it and then we will bid that. You have Tackney doing some
ofthe work; Wilson, Miller doing some of the work, our office doing some of the work and at the
end of Ibc day we pot all of those pieces together and have a set of specifications that allows you
to bid. We put that on the street and bid that. We award that bid and t. he next step is that
Lukasz will take the lead and get the contract documents signed. Purchase orders will be issued
to purchase the materials, we Will get the insurance certificates from the contractors, issue the
Notice to Proceed, set up the pay request forms, then go out there and start the construction
work. At periodic intervals Mr. Tackney will come down and inspect that work to ensure that it
is being constructed in conformance with the technical specifications. In addition to that, our staff
will be out there when Mr. Tackney is not there, doing some of the inspection work. To some
extent that we have Wilson, Miller available we may ask them to come in and take a look at things
2714
OCTOBER 3 I. 1997
as we move ronvard. It is a team that you are ope~atlng with, w~th respect to both the design and
inspection phases of this project. That is what you are essentially doing. They are single in
nature, 1~ is a team concept in terms of the design and inspection phases ofthe work.
Dr. Vartv/stated that he understazds the words, Ixtt it sounds like "feather bedding" to
him.
Mr, tlermanson stated that from his experience, if you have a team that involves coastal
engineers, civil engineers and you get a permit this complicated, no firm is going to accept
resporm'bility rot il all I understand all ofyour concerns, ~ you have to have all of those team
members involved irrespective of the costs. Wilson, Miller is not going to necessarily know if
certain components of the work are done right. A lot of these permits may not require
certifications from the engineer per se, but they need the expertise available during construction to
ensure that is going on. The certification is a letter you write when you are done. The work is in
between. I am not surprised that they all have to be involved.
Mr. ttermanson asked 'fwe are approving the whole $235,000 or just the design which is
Sl0O,00(r?
Mr. Ward replied the full number of the design and construction phase.
Mr. Herrnanson stated that if we are recommending approval, we ought to approve the
d~ign ~xt bidding because the design documents have to be prepared, ~en thoush the mono/
would not be spent until the bids come in?
Mr. Pires slated that is in the Scope of Services with Wilson, Miller.
Mr. Hermanson replied just so that is in there or else we have to go through this process
again.
2715
PELICAN BAY ADVISORY COM~tlTTEE
OCTOBER 31.1997
Mr, CraiBhead asked it' there was an'/posaibility that an agency could just flat out say no
to thc permit?
tstr. Ward replied that it is a possibility, but what you have done over thc last six to nine
months has indicated that we have pretty much negotiated out the possa'bility and you are in the
final weeks olr getting that permit. We do not know exactly what special conditions they will
issue, but we are pretty close. If you choose to proceed with the design phase only and I come
back to you at some time in the future with the cormruction and inspection phase, you are going
lo get ey, actly the same thing you have before you right now.
Mr. Werner stated that he intends to make the motion to go ahead with the proposals, but
not to approve the Wilson, Miller rate increase.
Mr Ward stated that this proposal will not fly.
Mr. Mudge stated that you have to have that rate increase.
Mr. Werner stated that if somebody else w'ants to make that motion, that is fine. My
motion does not include that.
Mr. Young asked how we can make a motion on anything different than what the
Executive Summary is that is in the hands of the County Commission today?.
Mr, Ward stated that he can pull an item otTofthe agenda, but he cannot change it.
Mr. llerrnanson asked if this was on the Consent Agenda? Ir'it is then it should be pulled
because this needs to be discussed
Mr. Ward s~ated that there are su~cient funds in here to ensure that we indicate to
Wilson. Miller that be put into the specifications. That is not something I was worried about.
Mr. Hasson asked how much more is it going to cost with Wilson, Miller's increase?
2716
PELICAN BAY ADVISORY CO~dlTTEE
OCTOBER 31.199?
I 6G1
Mr. Ward replied that is hard to say.
htr. Hermanson asked if their numbers in the Woposal were based on the new rates?
Mr. Ward replied in the a~rrnative.
Mr. Hasson tsked what that increase was going to cost us.'?
blt. btudge replied $6,000-S7,000.
Mr. Young ~tated that you are making a motion to go to the County and from my
experience they have to vote on the basis orthe Executive Summao' they are now holding and the
motion has to ready exactly as it stands "Recommendation that the Board of County
Cornmi~ioners authorize the procurement of engineering services for the implementation phase of
the Clam Bay Re~4oration and Management Plan and authorize an increase in rates for Wilson,
Miller, Barton and Peek". That is the way the motion has to read and that motion authorizes
$237,$00 in the de~ails of it If you go to them with any other motion, you are in trouble.
Mr. $ohn lazzo, St. Marissa stated that if you start running scared to the County and
changing your ground rules, how can they accept what you offer. There is no foundation for
them to accept it You have to go to them with a firm plan, one that has been proven at least
tect',nically that will work.
Dr. Varley stated that originally Mr. Ward indicated that we could propose this, the
County would approve it and you did not have to implement it.
Mr. Ward replied that he did not have to issue the Purchase Orders. I can issue the
Purchase Orders in phases. The concept here was to update the budget so that you knew where
you were and what the balance of the engineering work was going to cost you and to get
authorize for the design and bidding phase of that work and to deal with the Wilson, Miller rate
2717
PELICAN BAY ADVISORY COMMITTEE
OCTOBER 3 !, 1~7
Mr. If/emer mated, and seconded by Mr. Brown that .Sir. If/ard seek
authorttation from Collier County to allocate the~e mone)~ for the
deign and preparation of bid~ up to $237,800 to include the evaluation
of permlt conditions to allow alternatta or deduetion~ to accommodate
any potentlal budget con~traint=. Motion failed l~y a vote of 7/$. Those
cmttng a %¥ay" vote were Mex~ra Pire~, lIoyt, Young, CraJghead and
Mudge. ,~ morion requlrts etl~ht affirmative ~tea
I N
IMf. Mudge moved, seconded by Mr. Ptre~ and approved unanimously, i
t to approve the Executh.e .~ummar~ a~ written,
Dr Varley stated we still have the option o£not issuing any purchase orders.
Mr. Pires stated that the key isme is, that until the County signs the Work Authorization
nothing I~gins for Wil~on, Mill,:r under that Work Authorization.
Mr. Ward stated that he would have to initiate the purchase orders.
Mr. Werner asked it'it would come back bet'ore the Advi~o~ Committee bet'ore that
would ~ done?
Mr. Ward replied yes, ifthat is what you want.
Mr. Pires stated that the sixty day clock under the Work Authorization i'or Wilson, Miller
starts when the County executes the Work Authorization. Mr. Ward is in control or' when the
execution oi-that Work Authorization occurs.
Mr. Ward stated that he would reschedule this item again on November 12 after
Brown's presentation, which will give you the opportunity to authorize the design and bidding
phase at that point.
[J~fr. Brm~n ma,.ed, seconded by Mr. CrMghead anti approvetlI
unanimously to change the November Meeting from November $ toI
Nm,ember I2.
I
2718
PELICAN BAY' ADVISORY COMMITTEE
OCTOBER ~ I, 199'7
MR. PIRES LEFT THE MEETING AT 4:!0 P.M.)
B) BUDGET STATUS REPORT - F~SCAL YEAR I998
Mr. Ward stzt~ that he would like to call the Committee's attention to a couple of issues.
One is to take a look at Page 2 orthe Budget which is the Income Statement for Fiscal Year 1997
which ended on Septeml:~r 30, 1997. It ha~ not been adjusted t'or final auditing numbers at this
point in time, but it is pretty close to what we did do and is consistent with what we anticipated it
to be l'or this current Fiscal Year with $313,000 in Fund Balance which is cash in the system at
this point in time.
Mr. Mudge staled on the Variance for £avorable and unfavorable, the brackets are
reversed.
Mr. Ward agreed and stated he would change that.
Mr Ward continued that at the top orPage 3, where it talks about the projects t'rom Fiscal
Year 1997 that are still open that is a short summery which is similar lo the one that we provide
to you under separate cover each month as to where you are in terms of your actual budget as of'
whenever they have billed us, which is probably through their August billings.
Mr. Mudge asked it'these were actual amounts due which had not been paid?
Mr. Ward replied they are actual payments, but I do not know the outstanding payables in
the system at Ihe lime. The good news is that the Wilson, Miller budget ot'$97,000 and Actual is
S47,000. It is unlikely they will bill much more than what we have actually paid them to-date
under the original permit authorization. You will have some money left over t'rom that portion or'
it. The rest of'the consultants I am not real sure about at this point.
Mr. Werner stated that as he reads it, at the end of'September there are S30,000-40,000 o£
unpaid bills.
2719
BAY ^ V SO Y COM TT'.m 1 6 G 1 ' '
OCTOB£R :tl, I~7
Mr. Ward agreed.
Mr. Ward ~tated that Pages 3 and 4 with Mr. Werner's modifications to it, which I will
include, was a breakout of your original Clam Bay Budget for 1998 into the various ~pects for
the four projects that we have undertaken for both the design elements, construction phase and
engineering services during construction and the actual construction activity that will occur under
each of'those four projects. That was intended to give you a little more detail, as up to date as we
could at thi~ point, as to what your I:~dgA't looks like. Page $ is the amounts that we fianded for
tM Property appraiser, Tax Collector, etc.
(MR. HOYT LEFT TIrE MEETING AT 4: I $ P..M.)
Mr. Ward continued that back on Page I is a smnmary of where we are today. The
$819,400 is the calculation that we have left to come in from WCI on this project, assuming the
expenditure levels that we have in this budget, what their assessment level was for the current
year and the carry forward. The Unappropriated Fund Balance is your cash carryforward coming
into your 1998 Fiscal Year. That gives you a clear overview of where you are budget-wise for
1998 and as we get into 1998 we will ~art to provide you with where you are to your actual
expenditures.
Mr. Herrnan~on asked that on Page 3, if the Engineering and Construction Summaries
were based on the proposals7
Mr. Ward replied in the affirmative.
Mr. Hermanson asked where the balance of the :1;237,000 appeared?
Mr. Ward stated that in the final design element we broke out the final design for each of
the four projects. On the bottom of Page 3 and on Page 4 for each line item we identified a
column called Engineering Services During Construction and the consultant under it. That is the
2720
PELICAN BAY ADVISORY COM~IITTEE
O~rOBER 3 I. 19~
balance ortheir tee u~x'iated with
~,000, which I will have to ~x.
16Gl ',
As Mr. Werner pointed out, it doesn't balance, it is off' by
Mr. Werr,~' stated that the bottom three items cn Page 4, Clam Bay Ecosystem
~nt, the Mortitor~ng and Contingencies totals about $82,000. To show you where the
money has changed, in our 1998 Clam Bay Budget for the Ecosystem Enl~ancements we had
:~23,000 budgeted, for Monitoring we had $175,000 budgeted and for Contingencies we had
$284,000 budgeted for a total of about :~$2,000 for those three items. In effect $600,000 ~
been shiRed from the original budget to other items in this current operating ~und.
Mr. Wm'd s greed.
b'TATUS REPORT
Dr. Varley stated that at the last meeting he mentioned that he was concerned about
getting a status report out to the community and volunteered to write a draft letter, i would like
to pass this letter out and if:you have any concerns, please give me a call.
IIERON REPLANTING PROGRAM
Mr. Young asked i£lhe replanting program had been started at the Stratford and Heron?
Mr. Lukasz replied that they are down there today doing the clean up and it will be
~lagged next week For the plantings.
Mr. Hasson stated Ihal the area behind the Grosvcnor had recently been cleaned out and
asked if'anything was going to be planted back there? It is a mess right now.
Mr. Lukasz replied that most or*the other areas were not cleaned out to the extent that thc
Heron was.
Mr. Ward stated that they would take a look at the area, but nothing had actually been
planned for that area.
2721
IU LICAI BAY AI)VI$ORY COIvD.(ITI'E
OCTOBER )t,_
I~LTCAN BAY SECURITY
Mr. Brown stated that he had sent a note to Mr. Ward which he requested to be copied
and placed on the next meeting's agenda regarding security. The note will be self cxplanatory,
but there hav~ been an number of burglaries within Pe{ican Bay. The response from the Sheriff's
Department has not been well received by the victim. I think it is time we have a discussion on
that at the next meeting,.
Mr. Popper stated that he also spoke to Mr. Ward about some other events he heard
taldng place in some of the commercial area and kids hanging out around the church, things of
that nature and you were going to check into that. I suppose that could be taken up at the same
time.
Dr. Yarley asked if'we needed the deputy here or not?
Mr. Ward replied that we should plan on having Lt. Karen Strickland or Sgt. Dolan at the
hex/meeting.
Mr. Popper stated lhls is especially important with the seasonal changes that take place
here in Pelican Bay with these groups that travel from north to south right around the holidays. It
would be worthwhile to have another meeting with the deputies.
Dr. Varley asked if'it could wait another month because the November 12 meeting will be
Mr. Brown and Mr. Popper both agreed that it could not.
OAKMOHT LAKE
Mr. Popper asked the status of'the lights around Oakmont Lake and the railroad ties?
Mr. Ward replied that the replacement of the lights are in the budget. We are identifying
the Idnds of lights. We have one that is pretty good and I have given Mr. Lukasz some other
2722
I~LICAN BAY ADVISORY COMM]~
alternatives to take a look at. We will not be doing anything until aRer season, so I suspect we
will have something during Sanuary for you to take a look at.
Mr. Popper stated that we have to get around the lake. A number of'the lights have fallen
over,
Mr. Ward replied that we will get that done for you.
There being no further business, the meeting adjourned at 4:20 P.M.
Dr. Alan Varley. Chairman
27?3
PEUCAN BAY SERVICES DIVISION
Ct,AM BAY RE,~TORATION FUNO
Septm~bc, r 30, t
F.Y. 1t'17 Exp. I:q~D WCI Balance
B._ _.,J.~tr To Date Port, on Port, on
s
$
$ 27,600
$ 49.100
s
$ 643.150
153,167 $ 76,514 S 76,584 S 54,533
71,460 $ 35,730 S 35,730 S 7,~40
54,114 $ 27,092 $ 27,092 S 32,316
47,112 $ 26,021 $ 21,091 S 42,88[
7,001 $ 3,500 S 3,500 $ 20,599
10,549 $ 5,275 $ 5,275 S 38,551
15t524 S 9r532 S 8~992 S 14,726
$~61,999 SI83,735 S 178,264 S281,151
S 55,000 S 15,459 S 15,459 $ - S 39,541
S . S 2r827 S !r413 S 1~414 S (2,827)
S 5.q,000 $ 11,216 S 16,172 S !,414 S 36,714
T~x~
~ub-TotM
$ 16,000 $ 10,214 S 10,214 N/A $ 5,786
S 10,700 S $ - N/A $ 10,700
$ 12,600 $ . $ - N/A S i 2,600
39,300 S 10,214 S 10,214 S - $ 29,086
TOTAL APPR~~ [ $ 737~4~0
$390r499 S210,821 S 179.678 S346,951I
AGGOUNT$ PAYABLE - SEPTEMBER
DATE INV. NO. AMOUNT
Akerman, Senterf~ 09/22/97 1984354 S ! 3,684.34
Alrm'man, Senterfitt 09/25/97 2022285 $18,056.25
Dr. SMddu~ 09/30/97 09-30-97 $ 2,074.22
Ta~ · Associates I 0/10/97 0565 $ 5,477.19
'W'M 13~t.P 10/08/97 6848 $ 5,042.80,,
TOTAL INVC}~::F.~ $ 44.334.80
: T C I~LN
1 6G1
TO: Jl~ Mard
From: TM ~rmm
Oct 28, 19~7
~b{~t: 'Soourit! Bqdget for FBSD
Z ~ ~d o~ a ~r o~ ~l~le~ og private ~es in
3~ ~t~ ~ ~t~ ~t~te ~ w ~ ~Y 11,0o0,oo0
~ t~ ~ ~ ~~tl~.
~ v~t~ told ~ iMm told
Ybi di~utT Iborii£ told bet insurance s .gwnc M. ~m~.? ....
vict~loit ~ i~t ~r ~kg. I ~ve ~ tn~a
~er 4 ~a ~ ~r ~ ~1 ~r ~~. DXd the d~y
l/hit bipl)iM ubln the vlctll ¥1J[tl
~ ~ ~l ~ve ~ ~la~ in ~ ~t 2 or 3 years
I ~11~ Sheriffs oflice
~ ~ ~ hu ~ stolen? .... .
~t I nS
~ltly to ~ ~ck a r~l~ ~ re~r~ Lo
fair to ask vhat la b~t~g done to find these crtJi~als?
tk~r~.v~re terwible sh&kon ~o think soils thie£ vas n
Ivory program a political subdivision ha~ should be reviewed
from time to time to see if it is doing what it vas intended
to do. It Right be time to reviev this costly prograu.
October 16, 1997
one sidewalk. The actual LDC says two sidewalks on both sides of the
road.
ACTING CHAI~ BRUET: Mr. Kant.
MR. KANT: For the record, excuse me, Ec~ward Kant, Transportation
Services Department. This is an issue that's frankly a little bit
larger than this sidewalk, and I feel compelled to bring some
information forward to you so that you can use it in your
deliberations.
The -- about two, almost three years ago now, the county formed
what we call the Pathway Advisory Co~nittee. The Pathway Advisory
Co~mnittee with a great deal of work and diligence came up with a
county-wide pathway pedestrian bicycle network plan.
The LDC and zoning code or I should say most of the codes as
you're aware of in Collier County for years have required sidewalks on
at least one side of the street. It has been our experience in the
Trans$~rtation Services Department and it has been our experience, in
working with neighborhood groups, that there is a great resurgence of
interest and a new interest in interconnectivity for pedestrian and
bicycle activities.
We would be very concerned about a trend -- going back to a trend
to eliminate sidewalks. We are presently looking, in order to bring
our existing sidewalk network u~ to the standards that were approved by
the MPO and the board in the pathways plan at, I believe it's close to
a 30 million dollar deficit over the next 20 years, and so I would not
want to encourage you to continue down that path in what looks like a
small isolated incident.
I might also point out that if you look at the location of this
subdivision with respect to the access and adjacent subdivisions, you
will find that while it is somewhat isolated, it would require, if we
had the absence of any sidewalk or pathway consideration, all of the
pedestrian and bicycle traffic to travel not only in the street, within
this subdivision, but then if they go to leave and go to the
surrounding subdivisions, they have the same problem.
So we would request that you consider this request to the
petitioner in light of what we see is the somewhat larger issue that is
facing the county. Thank you.
COMMISSIONER NELSON: From your experience, Mr. Kant, in instances
where the people voted and did not want sidewalks, on what basis
wouldn't they want them7
MR. KANT: I can't really answer that. There is also the issue of
how did that or how do those types of votes, if you will, take place.
The LDC is somewhat specific in its requirements. The board has
the -- both this board has the right to make the reco~nendation. The
Board of County Co~nissioners has the right to waive the requirement,
but it would seem in our estimation, to be somewhat odd to go to all of
this effort to come up with a master plan with the idea of beginning to
eliminate links on a one by one basis.
There were, to the best of my knowledge, there was one vote that
I'm aware of recently, over on the south side of U.S. 41 in what we
would call the Osceola Subdivision. It's not the name -- the official
Page 6
1661
October 16, 1997
Staff and the petitioner have come to agreement on all the
conditions and the resolution, excegt for two excegtions to the
subdivision regulations that the petitioner, Hr. Butler, has requested
and he'll address those a little more specifically.
Because of the new inclusion of the sidewalks on both sides of a
local street in the LDC, staff is recom~ending that those be added.
Mr, Butler will state his case for not having the sidewalks on both
sides Of the street, and the criteria for RSF-3 zoning district are met
by all the lots and staff reco~-nds approval with those stipulations
in the resolution.
ACTING CHAIRMAN BRUET: Was there a second issue he wanted to
discuss, you said? Sidewalks?
MR. REISCHL: Another engineering, which I'm not real clear on.
HR. BUTLER: It's actually not. This cul-de-sac is -- Gary
Butler, for the record, representing the petitioner. The cul-de-sac is
slightly longer than a thousand feet, but I think the verbiage in the
LOC provides for that to occur in certain cases and this is obviously
one of those cases.
There's no other subdivision to interconnect with and no other way
we can reconfigure the road.
The sidewalk issue is one that my client wanted me to bring up. I
talked to engineering originally and they said that they would be
willing to work with us, as far as having a sidewalk on one side of the
road, but not both. My client would still prefer not to have any
sidewalks in the subdivision.
There's no sidewalks on Cypress Way, which is the primary road
that we tie into and most of the residents do not want sidewalks, in my
experience.
I had one example which was Catch Key, it was a subdivision I did
not too long ago, 42 units. We postponed building the sidewalk for a
year. It was bonded a hundred percent. Went back to build the
sidewalk, and a hundred percent of the houses built at that time, said
they did not want a sidewalk, and this is a similar situation. It's
isolated, 28 lots.
COHMISSIONER NELSON: Hr. Chairman?
ACTING CHAIPJ~AN BRUET: Yes.
COHHISSI(HTER NELSON: Can I ask Hr. Butler a question?
ACTING CHAIRMAN BRUET: Certainly.
COMMISSIONER NELSON: You said that most of the residents in this
subdivision in your experience.
HR. BUTLER: Most of the residents, in my experience. What I
prefer is why don't we do the same thing that we did on Catch Key?
Wait a year -- we don't want to build a sidewalk from day one anyway,
because every ti~e you put a driveway, every time your're gonna work on
a house, you wind up tearing up that sidewalk.
Staff has let us postpone building sidewalks until the end of that
one year maintenance period. If at the end of that one year
maintenance period, if 67 percent of the people don't want sidewalks, I
would prefer not to put them in, and again, we're talking about I think
Page 5
October 16, 1997
to saying that, I°m sorry. COMHISSIONER OATES: Okay.
MS. STUDENT: That's what I meant.
C(IMMI$SIONER OATES: Well, wasn't that my motion?
ACTING CHAIRMAN BRUET: Amend --
COMMISSIONER NELSON: No, we're going to be sending them directly.
Some of them we'll send directly because they're our authority.
COHHISSI(HTER OATE$: Oh, all right. Whatever.
MS. STUDENT: But since you're advisor to the board, I think the
better practice is to send it to the board with that recommendation and
have the board accept
COMMISSI(HTER OATES: Okay. So moved.
ACTING CHAIRMAN BRUET: So moved. Amended as moved. Any further
discussion? All in favor? Opposed?
ACTING CHAIRMAN BRUET: Motion carried. Advertised public
hearing. If the petitioner so wishes, I would -- seeing we're maybe
lacking a quorum, would you want to address this issue, Mr. Anderson?
HR. ANDERSON= Yes, thank you, Hr. Chairman. ~y name is Bruce
Anderson on behalf of the petitioner on item 7(A). We would request
that you defer this item temporarily, that you pass through each of the
subsequent items until Hr. York shows up. So that we do have five
people that are eligible to vote on this item.
HR. HULHERE: Brian's going to put a call in to the bank to see if
Hr. York is on his way or -- our indications were that he was gonna be
here this morning so --
CC~dMISSIONER PRIDDY: Mr. Chairman, I move that we postpone
Petition PSP-97-14 till later in the meeting.
ACTING CHAI~HAN BRUIT: Is there a second?
COMMISSIONER PEDONE= I'll second.
ACTING CHAIRMAN BRUIT: Discussion? All in favor? Opposed?
HR. ANDERSON~ Thank you, and one other item, Mr. Chairman. A
point of order regarding item G on your agenda. I believe the staff
report to the planning commission lists our law firm, Young,
Vanassenderp & Varnadoe as involved with that petition. That is an
error. We have absolutely nothing to do with that and wish this record
to be clear that we have no involvement whatsoever with that petition.
Thank you.
ACTING CHAIR/~AN BRUIT: Thank you. If we can move forward then to
Petition PSP-96-14, and this is a public hearing. All those wishing to
speak, if they can be sworn in.
HR. REISCHL: For the record, that's 96-14.
ACTING CHAIRMAN BRUET: Excuse me.
(All speakers on this issue were sworn.)
ACTING CHAIRMAN BRUET: Are you being sworn in?
HR. BUTLER: I guess so.
HR. REISCHL: Morning, commissioners. Fred Reischl, planning
services. This is a request for an approximately 10 acre parcel north
of Immokalee Road, east of Cypress Way East, for preliminary
subdivision plat approval for 28 single family homes in a subdivision
that also includes the roadway and sto~ater management retention
Page 4
16Gl '
October 16, 1997
COMMISSIONER WRAGE: Second.
ACTING CHAIRKAN BRUET: Mr. Oates, seconded by Mr. Wrage.
COMMISSIONER PRIDDY: Mr. Vice Chairman, let the record show that
I'm not gonna vote on that since I was not a part of the planning
commission at that point.
ACTING C1{AIRMAN BRUET: Okay. Thank you, Mr. -- all in favor?
O~H~osed? Planning co~mission absences.
COMMISSIONER OATES: Mr. Chairman, I will be absent November the
20th, November the 25th and December the 4th.
ACTING CHAIRMAN BRUET: Anyone else? Thank you. BCC report. Can
you give it?
MR. MULHERE: I really don't have anything to report. The
petitions that the Board of County Co~nissioners reviewed at their last
hearing were approved basically as forwarded by the planning
co~nission, so there's really nothing to report.
ACTING CHAIKKAN BRUET: No boatdock issues have been placed before
the board?
HR. ~t%U~IKRE: There was one issue.
ACTING CHAIRMAN BRUET: That one seemed to be controversial.
MR. HI/I2t~RE: Yeah, there was an appeal.
]4R. BADAMTCHIAN: The aP1~eal was uphold. No, actually, they
upheld the planning cou~mission's approval --
MR. HULHERE: All right. That was the boat docking --
HR. BADAMTCHIAN: -- with no objections.
MR. MULHERE: -- the one on Isles of Capri that extended some 300
feet out into the waterway a~ the planning commission vote was five to
four on that, so it was pretty close.
ACTIN~ CHAIRMAN BRUET: Thank you. Chairman's report. Being
absent, obviously we're not going to have one.
COMMISSIONER 0ATES: Mr. Chairman, I move we continue item
PSP-97-9 to November the 6th, 1997. That's item 7(H) -- pardon me, 8.
COMMISSIONER BUDD: Second.
ACTING CHAIRMAN BRUET: All An favor?
CO~MISSIONER OATES: Mr. Chairman, I move we -- the following
~etitions concerning pro$~rties located within the city of Marco Island
be -- we forward these petitions to the Marco Island City Council for
consideration.
Those are items, V-97-8, BD-97-20, TU-97-4, R-97-5 and 0SP-97-2.
COMMISSIONER BUDD: Second.
MS. STUDENT: Mr. Chairman?
ACTING CHAIP~4AN BRUET: Any discussion?
MS. STUDENT: Mr. Chairman, I think the better practice would be.
you have final authority, order authority on a couple of those L, M and
-- L and M.
I think the better practice would be to forward that to the board
with a recommendation of approval and we'll work it out.
COMMISSIONER OATES: I thought we couldn't do that. The county
attorney told us two weeks ago we couldn't hmar any of these.
MS. STUDENT: I stated that wrong. Not with the recommendation of
approval, with a recommendation that it be sent to Marco. I'm so used
Page 3
October 16, 1997
ACTING CHAIRMAN BRUET: Good morning. I'd like to call to order
the -- are the mikes on?
COF/4ISSIONER PRIDDY: Yeah, they are.
ACTING CHAI~ BRUET: -- call to order the October 16th meeting
of the Collier County Planning Commission. I'm the vice chairman,
filling in for Mike Davis this week, so you'll have to bear with me
here. Between MarJorie and Robert, I'm sure we'll be able to get
through this quickly. If we can take ro11; Mr. Budd.
C(H4MISSIOHERBUDD: Here.
ACTING CHAIRMANBRUET: Mr. Russell.
COMMISSIONER PRIDDY: Here.
ACTING CHAIRMANBRUET: A good start here. Mr. Nelson.
COMMISSI~NELSON: Here.
ACTING CHAIRMAN BRUET: Mr. Oates.
COM~ISSI~ OATES: Here.
ACTING CHAIKMAN BRUET: Mr. York is supposed to be on his way, we
understand. We'll Uut him on hold. Mr. Pedone. COMMISSIONER PKDONE: Here.
ACTIN~ CHAIRMAN BRUET: Yr. Wrage.
CO~9{ISSIONER WRAGE: Here.
ACTIN~ CHAIRMAN BRUET: X think that's it.
COMMISSIONER BUDD: You got Mr. Nelson?
COMMISSIONER NELl: He got me.
MR. MUL/4ERE: One addenda.
ACTING CHAIRMAN BRUET: Any addenda to the agenda?
MR. MULHERE: I Just wanted to have a brief discussion on the CCPC
hDC hearing dates, which could come under old business. I think we
already discussed it once, so --
ACTING CHAIRMAN BRUET: Why don't you discuss it now?
MR. ~: If you want to do it now, fine.
ACTING CHAI~MARBRUET: Yes.
MR. ~: I was able to -- well, actually Sue Filson was able
to reserve this room for both hearing dates. ACTING CHAIRMAN BRUET: Okay.
MR. MULHERE: So it will not be necessary for us to go the
su$)ervisor of elections' hearing room, and those dates again are
November the 13th and November the 25th. The 13th is a Thursday. The
25th is a Tuesday. There is a board meeting that day, but Sue will,
yo~ know, try to kee~ the agenda light enough so that they don't go
beyond 5:05.
ACTING CHAIRMAN BRUET: Both -- both dates were 5:05, the meeting
c~nes?
MR. ~: Yeah, and ! will have a -- pro]:~bl¥ ~, ~our next
meet£ng either J~ m~£1 or 1-~nd delivery here at the meeting, ~'~l have
the l~cket. Zt's a relatively l£ght packet this cycle so -- and ~
don't thin~ there's anything too controversial on it so it really
shouldn't take more than, a maximum of a couple hours.
ACTING CHAIRMAN BRUET: That's good. Any comments?
A$~roval of minutes for SeDtember.
COMMISSIONER OATES: Motion to a$~rove.
Page 2
16Gl
Oe
...... · ..,
Dr. ~
iocsibt on Lots ?,
OLD BU~qESS
D~ON OF ADDENDA
I 1. AD~OUR.N
Petition No. PUD-86-10 (4), Bartm~ A. Cawl~, AICP, ofWil~on, lVF. dl~, Barton & Peek,
Inc., repr~g Owen M. Ward Trus~e~ requ~g · rezone from PUD ~o PUD for the
P1amned Urfi~ Dev~oprnem known as Stiles by amending the P!.'D ~ M~.~'t~ Plan ~
required by Section 2.7.3.4 of the Land Development Code for property locked on the
~uth side of Immokalee Road (C.IL 846) approximatdy Y~ mile west of the intersecfon of
1-75 and Immokalee Road, in Section 30, Township 48 South, l~ange 26 East, CoLlier
County, Florida, consisting of 18.13 acres. (Coordinator. Ron Nino)
Petition No. PUD-89-19 (I), Ka,'zn IC Bishop of PMS, Inc., of Naple~, representing Mr.
W'~am Schweikha~t, Trustee, requesting an amendm~ to the Donovan Center PUD
having the effect of repealing and readopting a new PUD and Master Pla~, for property
located ax the souOzwe~ intersection of Interstate 75 and Immokalee Road (C.R. 846) in
Section 30, Township 48 $outlx, Rxnse 26 ~ Collier County, Florida, con, si. lng of 47.0
acre~. (Coordinator:. Rcm Nino)
Note:. The fo[lowing petitions concern properties Io¢.ated within the City of Marco bland
and have been advertised. Consist with action taken at the PLanning Commission
meeting of October 2, 1997, the CC'PC may wish to forward these petitions to the
Marco bland City Council for consideration.
Petition No. V-97-$, Stefani Lyn O-Neill, reprea~ming Howard I. & Kay L. I~apf
requeging a 17 foot vaciance to the required reaz st'tbtck of 25 feet to $ feet. for property
located at 1725 Winterberry Drive, further deg:ribed at Lot 1, Kzgof Subdivisiotx
(Coordinator:. Fred Rdsc~
Petition No. BD-97-20, Miles L. Scofield representing Tiki House Condominium, Inc.,
requesting a 10 foot dock extension to allow for two finger docks and four boatlifts for
property located ax 904 Pa,-ama Court, further dew:ribed as Lot 17, Block 337, ~hu'co
Beach U~ 10. (Coordinator. Rots Goc. hetaur)
Mo
Petition No. TU.97-4, Paul Ford, President of Paul Ford Custom Builder%, Inc., requesting
a 3-yest extension of a Temporzry Use Permit for a Model Home ax 1 I110 Samoa Avenue,
Ivt~co l~md. (Coordinate. Ro~ C, ochenaur)
Petition No. R-97-$, Barbar4 Cawley, AICP, of W'flsorg bfRler, Barton & Peek, Inc.,
represeming Dr. Luc MazzinL D.D.S., requesting a re:zone from RSF-4 to C-1 for a medic, al
~ building for property Ioc. zted on the north side of San Ma~co Road (C.R. 92) east of
Bakl Eagle Drive, further des:tibed as Lots 7 and $, Block 109, M~rco Beach Unit 3, in
Section 16, Town~p 52 South, Range 26 East, Collier County, Florida, consisting of .62
acre~. (Coordinator: Ray Befiow~) (Companion Item to O5P-97-2)
16gl
Petition No. PSP-96-14, I. Craty Butler, P.E., of Bud= EnginemSng r~g Rick
McCollou~ requesting Prdiminary $~ Plat approval for '$.wlp'au Subdivision'
located east of C~ Way, north of Iuunokalee ~ in Section 24, Township 48 South,
p, an~2f F.,ut. ~of10.~32acres. (Coor,:li~. Fr~dRasc~)
Peiition No. TU-97-5, Geor~ M. Schmading of Florida Homes of CoRier, Inc., r~qu~E
a 3-y~r ~ of a Temporary U~e Permit for a Model Home at 1830 Golden GaIe
Boulevard West. (Cx~'~inatoc. Chain'am nadana~)
Petition No. TU-97-6, George M. Sdnmelin8 of Florida Homes of Coliier, Inc., requesting
a 3-year ~ of a Tempom'y U~e Permit for a Model Home at 1840 Golden Gate
B<mlevard West. (Co<xdinaum. Chain'am Badanuchian)
Petition No. NUA-97-3, Edwani &rd Teresa Terry requenin8 the aiterin8 of a non-
~ mobile on property kx::aled st 609 Booker Boulevard, hnmokalee, in Section 9,
Township 47 SomlL R,mga 29 Fast, ColE~er ~, Florida. (Coordinator. l:Lay Bdlows}
Petin'on No. PUD-92-6 (1), Brue~ Ty,aon of W'dson, Miller, Btnon & Peek, Inc.,
re~g Pdican I.,aka Limited Parmership for the purpose of' mending Southwoods
PUD by chan~ the name to PeGcan Lake; by changing r,:ference to owners; by increasing
th~ maximum ar~ of allowable utility/nor'age [acility a.,x:l by decreasing the boundary
us:back requirmne~ for property located on the east side of SR-951, in Section 15,
Township 51 South, Range 2~ East, Collier Cotmly, Florich%, comaining I01.3- acres.
(Coordinator: Ron N'mo)
Petition No. PSP-97-9, David H. Farmm', E.L, of Coastal EnginemSn8 Consultants, I. nc.,
r~ the Club Est~es, L.C., r~qu~ting Preliminary Subdivision Plat approval for
"The CIub Estates" loctted on the west side of Isles of Capri Road (CR-951) and north
R,Uflesnak~ [-limnx~k Road (SR,-864) in Secgon 10, Township 50 South, l~ange 26 ~
con.d~ngot'l~.Sacres. (Coordinat.'~r: RonN'mo)C. or,.~. -t~
AGENDA
ODLt. XEP, COUNTY PI..ADIN[NG COM2v~SSXON WIZ.L MEET AT ~:30 A.M., THURSDAY, October
16, 199'/DI THE BOARD OF COUN'rY COMMISSXONERS lVfEE'r~G ROOM, AD~TION
BUXLDfl4O, COUNTY ~ CENTER, 3301 TAMXA.W~ TRAIL EAST, EAST NAPLES,
~ PERSON WHO DECIDED TO AFFEAL A DECISION OF
~ BOARD WILL NEED A RECORD OF THE FROCEEDINGS
FI~TAIN~O ~, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBA'rl~ RF. CORD OF THE PROCEEDINGS IS
~ UPON WHICH THE APPEAr, IS TO BE BASED.
ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WiLLBECOME AFEI~MA.~ p~T OF THE RECORD. THESE
MATERIALS WILL BE AVAILABLE FOR FRESENTATION TO THE
BOARD OF COUNTY COMMISSIONERS.
1. ROLL CALL BY CLER~
2. ADDENDA TO THE AGENDA
3.
APPROVAL OF MINm. fT~S: Seixember 4, 1997
4. PLANNZNG COMMISSION ABSENCE. S:
5. BCC KEPOKT
ADVERTISED PUBLIC HEARINGS:
Petition No. PSP-9'/-{4, Mark Morton of Johnson EnsineerinS, Inc., rciwcscming Ocean
~ Pzrk West - Unit 1, Iocsted on tl~ south sid~ oflmmokalee Rosd (C.R. ~) zt
C.~modlett~Frtuk ~ (C.R. 851), in Sectiou 27, Towuship 48 South, Range 25 East.
16G
October 16, 1997
TRANSCRIPT OF THE MEETING OF THE ~' ' " ·
COLLIER COUNTY PLANNING COMHISSION
Naples, Florida, October 16, 1997
LET IT BE REH~IB~, that the Collier County Planning Commission
in and for the County of Collier having conducted business herein, met
on this date at 8=30 a.m. in ~ SESSION in Building 'F' of the
Government Complex, East Naples, Flor£da, with the following members
present-.
Michael J. Bruet
Richard Nelson
Russell A. Budd
Russell A. Prickly
Edward Oates
(~aryWrage
Michael Pedone
ALSO PRESENT: MarJorie Student, Assistant County Attorney
Bob Mulhere, Collier CounTy Planning Services
Page 1
ProduL'l~lY Committee
Me~h~ Mi~te~
October IS, 1997, ~30 A.M.
~bt~rs Present
Jack McKm x
Marlo Dclg~do x
Edwzud Fcrguson x
Charles Getlcr x
Robert Laird x
Bill Nesi x
Edward Ott x
1,Carl Ouo x
John Schoemer x
John Stockion x
Bemard Weiss
Sheila Leith
X
Robcrl Fernandez x
Crystal Kinzcl x
Jean Mycr~ x
RE C' IVED ! 6 G !
NOV 12 1997
Absen(
X
Jack McKcrma welcomcd M&'io Dcigodo who was reccntly appointed by the Board to serve on
the Productivity Committee. The Committee is looking forward to working with Mario and
drawing off his knowledge and expertise.
SherifFs Agency Overtime Study
Jack introdm:ed Crys~l Kinzei, the Sheriff's Finance Direetor. The Board has requested that
the Productivity Committee study the utilization of overtime within the Sheriff's agency. This
~ an issue during the recent budget process. Crystal requested that the Productivity
Committee complete their study prior to the conunencement of the next budget cycle in
Febrm,-y 1998. The issue seems to be ~or not the current level of overtime is due to the
nature of the business or is due to m operational problem. Bob Fernandez interjected that like
many other services provided by the Cotmty, there is a level ofservice issue involved here.
Crystal prcsmtcd a number of graphs showing the milization ofovcrtime within the various
functions of the Sheriff'} operation. The Committee's initial impression from the data
~tcd is?at ...t~)~_~t app~u' ,o be anything unusual. Thc Committee will form a Sub-
~co~t~ ~ operations of departments where the utilization of overtime is the
C,~st~tt~4~
1 6Gl' [
highest, includinl~ lhe Jail, Drill Academy, Courts, and thc 911 Communications Center.
Crystal looks I'orw' d to reee/ving the te~ulL~ of thc study and any recommendations for
improvement. Jack McKenna thanked Crystal for taking thc time to be here today.
Anyone who would like to ride with a Deputy, visit the Communications Center. or visit the
Drill Academy is welcome to do so. Ed Ferguson will coordinate these activities. Jack asked
Bob Laird to Chair the Sub-committee. Mario Delgado, Bill Neal. Ed Ott. Karl Otto. John
~hoemer. and John Stockton volunteertd to assist with Ibis project. Bob will contact the Sub-
commiltee members nexl ssx. tk.
Procurement Process Review
Bob F~ has received a draft response from Steve Camcll relative to thc
recommendations contained in Ibc report. The reply was not as "direct and immediate" as Bob
would like to see. tlc has asked for some reworking of the implementation schedule. Thc
Productivity Committee is srallable ~ wllltn~ to provide their expertise to help implement the
Jail Study
Sheila will call Adolfo and follow up on the status ofthe Jail Study.
iluman Resources
Ed is seeking clarification on the llurnan Resources audit and will contact Jennifer Edwards.
lle will also request a copy of the new evaluation tool. A new lluman Resources Sub-
committee was set up to work on thc two new assignments. The membership will include Ed
Ferguson, Charlie C, etler. Ed OtL Karl Otto and John Stockton.
Budget Review
Mike Smykov,$ki. Budget Director, has drafted a response to the recommendations contained in
the two Budget Review Reports from last year. Sheila will ask Mike to attend thc next
Productivity Committee meeting in order to address the recommendations contained in the
repor',$. Bob indicated that he is meeting with the Commissioners to solicit their responses to
the recently completed Budget process. Also. BOb has identified some things that he would like
to sec addressed during the next budget cycle.
Meeting adjourned 1 !:30 a.m.
The next meetlnl~ will be on Wednesday November 19~', at 9:30 a.m. in the Count)'
Administrator's Conference Room.
cc. Board of County Commissioners Office
Robert Fernandez, County Administrator
October 16, 1997
ACTING CHAIR~4AN BRUET: Gentlemen, what's your pleasure?
COMHISSI~ PRIDDY'. Mr. Chairman, I would reconvaend that you
recomme~ for approval PUD-89-19(1). COMMISSIONER OATES: Second.
ACTING CHAIRHAN BRUET: Is there a second? Seconded by -- mo=ion
by Mr. Prid~y, seconded by Mr. Oates. Any further discussion? If none
-- go ahead, £f none --
COMMISSXONE~ NELSON: Ail in favor?
ACTING CHAIRMAN BRUET: Ail in favor. Excuse me. Ail in favor?
COMMISSIONER OATES: It's been a long meeting.
ACTING CHAIRMAN BRUET: Opposed? Mo=ion carries.
ACTING CHAIRMAN BRUET: Seeing we passed the balance on to Marco
Island, is there any old business that we wish to discuss? MR. MULHERE: No, sir.
ACTING CHAIRMAN BRUET: New business? DisCussion of the agenda?
We're fine. If not, no other issues to discuss. We'll call the
meeting closed.
There being no fur=her business for the good of the County, the
meeting was adjourned by order of the Chair at 9:35 a.m.
COLLIER COUNTY PLANNING COMMISSION
Michael J. Bruet, Acting Chairman
These minutes approved by the Board on
or as corrected
as presented ..
Transcript prepared on behalf of Gregory Court Reporting Inc.
BY= Sherrie B. Radin
Page 22
October 16, 1997
petition Number PUD-89-19, and again, being a public hearing, all those
wishing to speak on this issue please rise and hold up your right hand.
{Ail speakers on this issue were sworn.)
ACTING CHAIRMAN BRUET: Staff.
MR. NINO: Yes. Ron Nino, for the record. Again, the Donovan PU
-- the Donovan Center PUD would have you repeal the current document
and adopt a new document, and a new master plan, and again, I would
remind you that this PUD is structured to fit into the technique that
we currently employ for commercial land uses in reference to SIC Codes.
The uses that are listed in this PUD are very similar to the uses
that will be allowed in the Stiles PUD. Again, it acknowledges food
stores, convenience stores, gas stations, hotels, motels. Ail the
things you would normally expect at an interchange activity center.
Howe;er, it broadens those uses to include the general run of offices
and retail establishments and food stores and supermarkets as well, and
PUD.
they are also ~ermitted in the stiles
Again, the main issue was =o address the common road and that's
been accomplished. This PUD provides interconnection. It also
maintains the interconnection tb~t was in the original PUD, but in a
different location for another PUD to the east of the Donovan, I
believe that's the Breeze Wood. Yes, the Breeze Wood PUD.
This PUD also provides that it will have internally consistent
architectural standards, as well as com~lying with the Land Development
Code architectural requirements.
There have been a number of changes made to the PUD, as a result
of staff interaction, and Ms. Bishop has been very responsive to those
changes. There are a few changes Ms. student has taken under
advisement. They really don't --
MS. STUDENT: It's in effect a substantive issue.
MR. NINO: -- deal with the substantive land issu.es and I'm sure
that we'll have those things straightened out before the board meeting.
The original PUD authorized a 104 -- this is a mixed use PUD. The
back part of it is not within the activity center. That hasn't
changed. The only change from the initial PUD to this PUD, %he initial
PUD provided for conventional housing. This PUD provides for
conventional housing and ALS on that back portion. A hundred forty
units hasn't changed. That density is consistent with what is allowed
in a density band, so we still have a consistent relationship here.
Should ACLF facilities be built, this PUD says they will be built
in accordance with the requirements for an ALS in the Land Development
Code. So we have -- I think we have everything tied together here
fairly well and we would recommend approval subject to our ability and
Ms. student's ability to make some wordsmithing changes and to ensure
that the ordinance is in keeping with legal requirements.
ACTING C~AIRMAN BRUET: Does the petitioner wish to speak? Agree
with all the conditions and stipulations? MS. BISHOP: Everything's fine.
ACTING CKAIRMAN BRUET: Does anyone else care to speak to the
issue? If not, we'll close the public hearing.
COMMISSIONER BUDD: Mr. Priddy, it's your turn.
Page 21
October 16, 1997
things of that nature.
COHHISSZONER NELSON: I agreed with that, but shouldn't that
condition be in the resolution?
MR. NINO: No, it's in the PUD. It's in the regulations. It's in
the -- there is a provision in the regulations that addresses that.
COHHISSI~ NELSON: Well, then, it's Just fine.
HR. NINO: The resolution -- the ordinance adopts the PUD and you
need to go to your PUD for that.
MS. CAWLEY: Three-four. Page 3-4.
MR. NINO: It says no outside display of merchandise or storage is
permitted unless horizontally visually screened by an acceptable
vertical structure.
COMMISSIONER NELSON'. I missed that, sorry.
ACTING CHAIKMAN BRUET: i was trying to visualize that.
COMMISSI(HTER PRIDDY: This allows for a convenience store, gas
HR. NINO: Yes. Very definitely.
COMMISSIONER PRIDDY: You sure?
MR. NINO: Yes.
MS. CAWLEY: So far.
COMMISSIONER PRIDDY: So far.
ACTING CHAIRMAN BRUET: Okay. Ms. Cawley?
HR. NINO: And a gas station.
MS. CAWLEY: So far.
ACTING CHAIRMAN BRUET: Ms. Cawley?
MS. CA~LEY: Good morning, c _o~_~___islioners. I'm Just here to answer
a~ questions. X think it'e -- we concur with the staff recommendation
and we worked very hard to come up with a document we think you could
approve today without any problem. So I'm Just here to answer any
questions, instead of going and wasting your time.
ACTING CHAIRMAN BRUET: The board appreciates your cooperation
with the ad~acent property owner.
MS. CAWLEY: It's been interesting and I think it's worked out
very well.
ACTIr~ CHAIRHAN BRUET: Thank you. If no one else wishes to
speak, we'll close the public hearing.
COMMISSIONER PRIDDY: Hr. 0ares has something to say, I think.
ACTING CHAIR~ht~N BRUET: Pardon?
COMMISSIONER PRIDDY: Hr. Oates has something --
COMMISSIONER OATES: I have a motion.
ACTING CHAIRMAN BRUET: Excuse me. Hr. Oates?
COMMISSIONER OATES: Okay. All right. Mr. Chairman, I move we
recc~mnend approval of PUD-86-10(4).
ACTING CHAIRMAN BRUET: Is there a second?
COMMISSIONER PRIDDY: Second.
ACTING CHAIRMAN BRUET: All in favor -- any further discussion?
All in favor? Opposed? Motion carries.
COMMISSIONER PRIDDY: I'm tempted to keep one of these.
MS. CA~LEY: You can have it.
ACTING CHAIRMAN BRUET: If we can move on to the final item.
Page 20
October 16, 1997
was submitted on August the 4th, 1997. Is that in violation of the
code?
MS. STUDENT: I was not aware -- maybe Mr. Nino can explain why
there was a --
MR. NINO: The PUD is here after that date, but I don't, quite
frankly, I --
MS. STUDENT: ! don't think it's --
MR. NI}K): You know, I don't think there's any --
MS. STUDENT: I don't think it'S a real problem.
COHMISSIONE~ OATES: Okay. I'm Just asking a question.
ACTING CHAIRMAN BRUET: The net result --
MR. NINO: We were in discussion -- I can tell you we were in
discussion for a couple of months prior to that date of submission, but
I don't think there's anything magic about those dates. The staff has
the responsibility -- if they don't meet that date -- let me say this,
staff has the responsibility of going back to the board and saying,
hey, they didn't meet that date, we recon~aend you rezone the property
back to agricultural.
MR. HULHERE: Well, back to an appropriate zoning.
MR. NINO: An appropriate zone.
MS. STUDENT: Yeah, I would say that that would be rather
Draconian for a situation such as this, so I don't see any real
problem.
MR. NINO: We tend to be flexible on that.
ACTING CHAIRMAN BRUET: Six months sounds like a long time, but by
the time you go through your redesign and all the issues involved and
then negotiate with staff, the six months go really quickly, so the end
result is going to be the same, yes.
COMHISSIONERNELSON: Hr. Nino, another issue you raised in your
report, which I thought was a good issue because of the broad number of
uses that will be allowed, is the horizontal visibility issue. You had
indicated that a vertical structure should be constructed in order to
block that view, I guess from motorists, which I agreed with, but
there's nothing in the resolution of adoption associated with that, and
I wondered if you wanted to talk about that.
MR. NINO: I was referring to outdoor space. There is a provision
in the PUD that provides that no outdoor space is allowed except --
except where essential to the operation of that business.
COMMISSIONER NELSON: But further --
MR. NINO: Storage. No outside storage. It was meant in regard
to storage.
COHHISSIONER NELSON: No, but even when it's essential, you had
recommended that a structure be put together to block the view, I think
because of it's location, which I also thought was a good idea. That's
on page -- that's on page four. MR. NINO: Page four.
COI4HISSIONER NELSON: Towards the bottom.
HR. NINO: I think I was referring to outdoor storage, that given
its sensitive location at an interchange, we wouldn't want to be
looking at, you know, outside -- outdoor storage of lumber product and
Page 19
October 16, 1997
interchange activity centers and the Southsrland PUD's a good example
of one.
That is -- you know, that is not provided for in the future land
use element. The future land use element says that all of the
commercial uses that we per, it in C-1 through C-5 are permitted uses in
any activity center. So I want you to appreciate that while this goes
to a larger list of uses, that that is still consistent with the future
land use element, and in my opinion, when we look at the uses that are
now authorized, you know, the degree of intensity hasn't varied that
significantly.
I mean, this PUP allowed gas stations and, you know, that gas
station may be a problem on the cowlty board's agenda. We don't know.
It allows restaurants. It allow~ hotels and motels. It's really more
structured like a freeway interchange activity center.
This tends to -- this tends to depart, while it retains all of
those uses, nevertheless, it tends to also permit the conventional
offices and retail uses that we tend to get in any activity center. In
any event, that action is consistent with the future land use element.
One of the major reasons why staff recommended they come back with
a new -- with another PUD, as well as with the Donovan and there's
where there's some interrelatedness here. We were very anxious to get
these two PUD's to be accessed by a common driveway, and when you hear
the Donovan PUD you're going to find that, in fact, that is
accomplished. These two PUD's have now come together for all practical
purposes and will be accessed by the same street system with Immokalee
Road -- from Immokalee Road. So that, we think, is a major
accomplishment here.
In addition, this PUD is structured so that the architecture on it
will be internally consistent. We have this concern that at the
gateways to Naples, we ought to have projects, particularly PUD's,
where all the buildings have some architectural uniformity.
In addition to having complied with the Land Development Code
architectural requirements, in addition to that, the buildings
themselves will be internally architecturally compatible and the same
you'll hear on the Ponovan PUD.
So we think we've made two major accomplishments here in that
regard and I can tell you that the development standards as proposed
are consistent. There is a 50 foot setback from Immokalee Road on
this, in this PUD, and we think that is a good standard.
There are two items that we need some additional provision for in
the I~JD. That has to do with a requirement under environmental that
would ensure that this PUD is -- needs to comply with all of the arch
-- all of the environmental requirements of the Land Development Code,
and with that, we can heartily support the replacement PUD and
recommend it to you.
COMMISSIONER OATES: Hr. Chairman, I have a question of Ms.
student.
It says in here that consequently, as a result of BBC action
pursuant to sunsetting provisions of the LDC, the owner entity was
advised to submit an amended PUD by June the 5th, 1997. An amended PUD
Page 18
October 16, 1997
MS. STUDENT: The reason for that is if there's a conflict of
interest and if there is one and it's later disclosed, your PUD's no
good, so --
MR. WARD: Well, the other -- there's two partners. Myself and
Abe Grover Madini (phonetic), a company that he owns. He's a Panama
resident, but Mr. Robinson --
MR. ROBINSON: Do you want me to address that?
MR. WARD: Yeah, can address that better. He's the attorney for
Mr. Madin£.
ACTING C}{AIRKAN BRUET: Someone needs to, please. Please step
forward.
MR. ROBINSON: Hi, I'm Westly Robinson, I'm an attorney from
Miami. Do you need my address for the record or any --
ACTING CKAI~ BRUET: If you would, please, being from Miami.
MR. ROBINSON: Yes, it's 501 Brickell Key Drive, Suite 504, Miami,
Florida, 33131. Thank you. The actual majority beneficiary of the
trust is Contract Enterprises, Inc., which I believe is a Delaware
CorDoration, and the owners of that corporation are two U.S. citizens,
brother and sister, one is Abe Graver Madini and the other individual
is his sister, Ellen Major, M-A-J-O-R.
ACTING CHAIRKAN BRUET: Ms. Student, is this satisfactory? Do we
need some additional information from them or --
MS. STUDENT: I believe it's satisfactory.
ACTING CHAIRMAN BRUET: As long as --
MS. STUDENT: If you can determine whether or not you have any
conflict of interest on the basis of that information and I assume that
no one does, so we can proceed.
ACTING CHAIRMAN BRUET: Is there anyone on the board here with any
CO~MISSIONER OATES: I've never heard of any of them.
ACTING CHAIRMAN BRUET: Fine. Thank you very much. Ron?
MR. NINO: Yes. The Stiles PUD was a PUD that had sunsetted and
on s%u%set review by the board of co~=~issioners they were directed to
return within six months with an amended PUD, and they have so complied
with that directive.
The Stiles PUD, as now structured, is consistent with all the
provisions of the Land Development Code and GMP. It's important to
a~reciate that this is an a~roved PUD, and there is some entitlement
involved here and on page two of the staff re~ort, we pointed out what
the uses were that are currently ~ermitted in the PUD and we pointed
out that the PUD as restructured takes advantage of the way we now talk
about land uses in terms of their relationship to the standard
industrial classification manual.
It should be ai~Dreciated that, you know, in doing that, they have
expanded the use -- the list of uses that are authorized in this PUD
over and above what were previously authorized.
A$~)arently, it was the practice of -- some of you older fellows
will recall, the PUD's of the 80's, tended to almost be use specific.
There were only four or five uses permitted at many of these
Page 17
October 16, 1997
a setback to 30 feet and --
Ma. NXI~O: And increasing utility sheds.
COMMISSIONER OATES: Increasing utility shed size 60 to a hundred
square feet.
ACTING CHAI~0~N BRUET= As recommended bY staff.
CO~)~ISSIO}~R OATES: As recommended bY staff.
ACTING CHAIK~O~N BRUET= That would have been a lot simpler.
COMMISSIONE~ OATES: That's true.
~ISSIONER PRIDDY: Second
ACTING CHAII~MAN BRUET: Is there a second? Any further
discussion? All in favor? Opposed? Motion carries. Ma. TYSON: Thank you.
COMMISSIONER PRIDDY: It's the Oates and Pridd7 team.
ACTI~ CHAI~ BRUET: Where's Ms. Cawley?
COMMISSIONER OATES: Bruce, do you wan= to wake up Barbara?
ACTING CHAIRI4AN BRUET: Moving forward to Petition Number
pSPo97-9. Staff?
MS. STUDENT: I believe that was continued.
ACTING CHAIRMAN BRUET: Excuse me.
COMI<ISSIONER OATES: Is that the one we continued?
ACTING CHAIRMAN BRUET: Yes. Move forward to Petition PUD-86-10.
Ma. NINO: Would you like ~o swear in Barbara?
ACTING CHAIRMAN BRUET: This being a public hearing, all those to
testify, please stand and raise your right hand.
(Speakers on this issue were sworn.)
Ma. N~O: May I ask Karen and whosoever is going to testify for
the Donovan, because there is some interrelatedness here that may
require --
ACTING CHAIRMAN BRUET: Certainly, please raise your right hand.
(All speakers on this issue were sworn.)
COMMISSIONER OATES: Mr. Chair~an, I have a question. Who are the
beneficiaries of the trust?
ACTING CHAI~ BRUET: On wha=? On the file?
C0~I$$I~ OATE$: On this one.
ACTING CHAIRMAN BRUET: Yes, if you could give us your name,
please. ,
MR. WARD: O~en M. Ward, and I'm a local real es=ate broker. I m
trustee of Stiles PUD, and the trustee -- the partners~ is that what
you're asking?
COMMISSXONER OATES: Who are the beneficiaries of the trust?
ACTING CHAIRMAN BRUET: Yes, who are the beneficiaries of the
trust? That's important.
Ma. WARD: Well, it's important, but at the that we filed -- at
the time we purchased this, as well as Laurelwood, I can't tell you the
legal background of it, but it was not necessary or a requisite that we
disclose the names of the beneficiaries of the trust. I realize that's
not so today, but it was my understanding at that time it was not a
requisite.
COM~ISSIO~ OATES: Well, it is now, and we're hearin~ this
petition now or else we just vote it out and say, no, right this
Page 16
October 16. 1997
need it?
MR. TYSON: It was -- it's anticipated -- it was an:icipated, as
understand it, when the initial project was done. t,hat smaller vehicles
were very co~on and the goal of the -- and there was a properuy
transfer and the goal of the new owners is to provide for the new
coaches, these luxury coaches that are 40 feet long instead of the old
28 to 32 foot long and that's what's required to fit them on the
property. -
ACTING CHAIRMAN BRUET: It's Just a market change over the years
HR. TYSOn: It really is.
ACTING CHAIRKAI~ BRUET: Any further questions of petitioner?
not, I'll close the public hearing.
COMMISSIONER OATES: That lady wants to speak, I think.
ACTING CHAXRIiAN BRUET: Excuse me, I'm a step forward.
that little
taxes on it and we
worthless strip of property in t~ere, ~u= w= v =
didn't -- he's a farmer in Illinois and he didn't get enough time to
get a petition -- you knc~, a representative, so I'm here just to state
my opinion for him that we don't want the setback closer, you know, the
property setback, the infringement to the worthless land there, the
utility.
THE COURT REPORTER: What was your name again?
MS. KRESS: Mrs. Charles Kresse, K-RtE-s-S'Y -- K-R-E-$-S-E, I'm
sorry. I'm a little nervous up here, but that -- since, you know, we
didn't have time for counsel, I'm Just coming in bis behalf to request
that you don't gr. ant the utility setback, you know, the rest of it is
no problem. We Just prefer not having that if we could, please.
ACTII~3 CHAIKHAN BRUET= Is there a -- som~ specific reason? I
mean, other than the concept o£ being a little closer, is there any --
MS. KRESSE'. Yeah, who knows what might, you know, develop for use
of this property in further years, who knows. $o we Just don't want to
have the utility setback that close.
ACTING CHAIRMAN BRUET: Okay. Hr. Nelson.
COMMISSIONER NELSON: I was gonna ask a similar question to find
out, because it seems the larger units that they're trying to provide
room for are more luxurious units, you know, it's going to attract
actually even nicer neighbors. I'm not sure that your worry is also
valid, and staff can talk about that. In other words, I don't think
they can Just change the use and put in other things that you wouldn't
be aware of in there and allow it to go closer= isn't that correct?
MR. NINO: Correct.
COMMISSIONER NELSON: Yes.
MS. KRESSE: Thank you.
ACTING CHAIRMAN BRUET: You're welcome. Anyone else wishing to
speak? Therefore, I'll close the public hearing. Is there a motion?
COMMISSIONER OATES: Plr. chairman, I move that we -- I don't know
whether we approve or what do we do.
MI1. NINO: You recommend.
COMMISSIONER OATES: I recommend approval of Petition pUD-92-6,
excuse me, as stated this morning with the change in name, the allcwing
Page 15
October 16, 1997
no practical
effect that dlmlnut~on on
effect. Immediately north of that 60 feet, I would remind you, is the
Silver Lake RV Park. To the east, the majority of the land to the --
first of all, the land to the east is all mobile homes and, secondly,
the majority of that boundary is continuously Cypress Preserve. So the
diminution of the setback there has for all practical -- has no
practical effect. We widened -- staff, in the original, in the TTRVC,
have a 60 foot minimum for utility sheds. Quite frankly, you know, I
was the author of that, way back, so I can tell you that the reason for
it was to discourage the ~ermanent occupants -- occupation of RV's,
which we all know is a fact in many areas and the smaller we can keep
spaces, the least likelihood there is that one will attempt to use the
pro~)erty in a year round fashion. Well, that read doesn't work.
So we, the staff, really have no real opinion for allowing the
to a hundred feet and obviously
utility shed to increase ir.om. 60. fee~ the name of the development and
we don't have any problem wit~ cD~ngxng
recognizing the n.ew owp. er ~nt~ie? and we recommend approval to you.
Ms. Student ~as slgne~ ozz on the ordinance indicating that all
the wordsmithing has been taken care of.
ACTING CHAIKMAN BRUET: Are there any other further questions of
staff? If not, we'll move to Mr. Tyson.
MR. TYSON: Thank you, Mr. Bruet. For the record, my name is
Bruce Tyson. I'm a project manager with wilson, Miller. Two other
Just short points or brief points that I'd like to highlight here.
One is that the hundred square feet precedent has already been
established for that by another project very similar to this, which is
Crystal Lake. It's up at Immokalee and 951, and in reviewing the PUD
for Silver Lake, they have a 15 foot setback requirement. When this
PUD was put together it went to 50 and we're requesting that that be
reduced to 30, which is twice al much as the project L,~f, ediately to the
north.
And Just a little bit more about the strip that exists in between
the parcels. It's a five acre re(l~irement and, therefore, it would
take almost three quarters of that distance from 951 on the left-hand
side or to the west, going back across the top, to get to five acres.
A variance would be required because they don't have the existing
frontage requirement to do that and the only real utilitarian use is to
place about 3,800 feet -- excuse me, 4,800 feet of roadway on that to
get to or to access the rear land.
So the reality is that we don't think it's overly useful. On one
hand and ac the same time, we're recognizing that what we're doing is
still twice as much that exists to the north.
ACTING CHAIRMAN BRUET: Any further questions of petitioner?
COMMISSIONER NELSON: Mr. Tyson?
MR. TYSON: Yes.
COMMISSIONER NELSON: Since going from a 6 by 10 to a 10 by 10
utility isn't going to require a great deal more space, obviously, and
I have no real problem with that, I Just wondered, do you have any
plans for this, if in fact we grant this setback reduction, why do you
Page 14
1 6G1
October 16, 1997
KR. BELLOWS: Yes.
ACTI~ CHAIRMAN BRUET: Anyone care to speak to the issue?
Therefore, ~ close the public hearing.
COMMISSIONER OATES: Kr. Chairman, I move we submit the
recosm~ndation of approval BZA Petition -- excuse me, NUA-97-3.
ACTING CHAIRK~N BRUET: Is there a second?
COMMISSIONER~: I'll second it.
ACTING CHAIRH~N BRUET: All in favor? Opposed? Motion carries.
If we can move forward to petition Number PUD-92-6(1). MR. NINO: You wan= to swear us in?
ACTING CHAIRMAN BRUET: Being a public hearing, once again, we'll
need to swear in those wishing to speak.
(All speakers on this issue were sworn.)
ACTING CHAIR~N BRUET: Thank you.
MR. NINO= For the record, myna me is Ron Nino. The petition that
is before you would have you amend the Southwoods PUD, which will as a
result of this amendment° if approved, will become the Pelican Lake
PUD. As is our administrative practice, while this is a relatively
minor amendment, nevertheless, we're replacing the PUD, reputing the
current PUD and replacing it to facilitate our administrative handling
of petitions as they come along.
COMHISSIONER OATES: What we really need is another Pelican.
HR. NINO: This amendment does two significant things. One, it
would allow utility sheds to increase from 60 square feet to a hundred
square feet, and two -- and I have to apologize for not talking about
or discussing it in my staff report, but I do have a handout. This
petition would also reduce the setback for the boundary of the park
from 50 feet to 30 feet, and not so importantly, it would change the
name and the owner entities that are related to the current -- the
1and'The issue -- none of these issues have any GMP relationships.
There's nothing in the future land use element that deals with sizes of
utility sheds or setbacks or things of development standards of that
nature. So we don't have any issues of inconsistenc~! here.
The only issue we have is the issue of compatibility. Why -- for
example, why do we have a 50 foot boundary requirement for TTRVC's, and
as my report points out, I think the geneses of that is there is the
presumption that the TTRVC may be next to conventional housing and
therefore there is a desire for a greater separation between an RV and
conventional housing.
In this case we have -- we have =he property on the north. There
are two boundaries, two exterior boundaries and two perimeter
boundaries. On =he nor=h, you have a 60 foot strip of land. This is
very well highlighted on Bruce's map. A 60 foot piece of property
that, quite frankly, for all practical purposes has no utility.
The owner of the property may not appreciate that statement, but
=he fact remains that there isn't anything you can do with that
property, other than perhaps -- other than build a single family house
on 951 and use the balance of that property for raising crops or
Page 13
October 16, 1997
the public hearing then. Anyone else care to speak to the issue?
Therefore, the $~blic hearing is closed.
COHM/SSIONER PRIDDY: I move that we recommend for approval
pSP-97-12. Priddy' s motion?
ACTING CHAIKMAN BRUET: Is =here a second for Mr.
COMMISSIONER WRAGE: Second.
ACTING CHAIRMAN BRUET: Second. All in favor? Opposed? Motion
carries ·
HR. WZLKISON: Thank you.
COMMISSIONER NELSON: We're really rolling.
ACTING CHAIRMAN BRUET: We're doing a fine job as awkward as I'm
a public hearing, all those
doing it. petition Number NUA-97.-3, being
who are going to testify, would t~e~e 91ease stand, under oath. Do we
re we go. Sir, you need to come up
need the gentleman in ~_he .back?
here. Please stand and raise your right hand while she reads the oath
to you. Okay, and -- there you go If you let the staff do their
presentation then they'll get back to you.
COMMISSIONER WRAGE: Mr. Chairman?
ACTING CHAIRMAN BRUET~ Yes.
COMMISSIONER WRAGE: have visited this site. Okay?
ACTING CHAIRMAN BRUET: Anyone else with input? Staff?
HR. BELLOWS: Yeah, for the record, Ray Bellows. The subject
property's located at 609 Booker Boulevard in Immokalee. Petitioner is
requesting a non-conforming use alteration to allow the property owner
to replace an existing single wide mobile home with a double wide
mobile home. As you can see, the subject property is located adjacent
to a village residential zoning district which allows for mobile homes
and there are some existing mobile homes in this area. It's also
located with an RMF-6 zoning district and there are some existing
single family homes to the northwest, vacant lot, directly to the
north, vacant lots to the south, a mobile home, a multi-family
development is surrounding the area. This area of Immokalee, south of
Houston Avenue and west of County Road 846, has a unique character
which continues -- contains other mobile home units and multi-family
units ·
It is the opinion of staff that allowing a replacement of older
dilapidated units with newer will enhance the character of this area.
Therefore, staff has no objection to this replacements and has not
received any letters for or against. Any questions?
ACTING CHAIRMAN BRUET: Just a step forward to upgrade his
property in the community, I assume? HR. BELLOWS: That' s correct.
ACTING CHAIRMAN BRUET: Very good. Mr. Terry, do you wish to
speak?
(No response. )
COMMISSIONER WRAGE: I've Just got two questions, Ray. Is this a
new home?
HR. BELI~OWS: The replacement unit will be a new home unit.
COMMISSIONER WRAGE: And he is a resident? I mean, he's gonna
live in it? He's gonna run it?
Page 12
October 16, 1997
subdivision plat was laid out and in order, frankly, to make the site
work for what the~ want to do with it, they've got to have a driveway.
They can get in off of Corporation Boulevard, but it just, it
simply is not feasible. So rather than hold a hard line, we looked at
-- we looked at the access management policy, we looked at what we
anticipated the actual traffic generation was going to be and I don't
want to go on record as saying, no problem. There's always problems,
but it's not unfeasible for them to proceed with their development
based on what we've laid out.
ACTING CHAIRRAN BRUET: The distance from the intersection, really
it's -- you've got it tucked back in the corner as far as it will go.
HR. KANT: Absolutely up to the gunnel's edge.
ACTING CHAIKMAN BRUET'. Okay.
COMMISSIONER WRAGE= Originally, was it their request only to have
one exit or was it something --
HR. KANT: Are you referring to the original plat? There was a
stipulation -- there was an agreement sheet on the original pla~ from
-- it's probably close to 10 years ago, as I remember, that simply said
that there would be no access, except for that one where Corporation
Boulevard comes out and then the way the property developed, it became
obvious that Corporation Boulevard was going to be the front door for
those businesses, but as you go around the corner, there's no frontage
on this lot. There's maybe 30 feet, 40 feet, maybe. It's a relatively
small amount of frontage.
So the only way tb~t this lot would become usable would be to go
in off of Radio Road or to go in off of Industrial Boulevard, and
again, as I say, the lesser of the problem causing issues would be
coming off of Industrial Boulevard -- or Industrial Boulevard.
HR. WILKISON: Good morning, c _~___issioners. ~y name is David
Wilkison from Wilkison & Associates. I'm representing the petitioner,
First National Bank of Naples. We are in agreement with staff's
stipulations and I'm here to answer any questions you may have. ACTING CHAIRMAN BRUET: Yes.
COMMISSIONER NELSON: Just one question, Mr. Wilkison. I agree
with this, incidently, for the bank's use as well, but it looks like
there's a very small amount of frontage on all of the corner lots. Are
we gonna be faced with a similar problem on each corner?
HR. KANT: Perhaps I could address that because Mr. Wilkison may
not be familiar with it. There is only one other undeveloped corner
lot which lies along Radio Road, and they -- we've already had some
discussions with a potential developer of that lot six months, a year
ago, and they recognize that it is, again, not feasible in that
location to get access off of Radio Road.
We have to take these on a case by case basis and so I would not
want to make any kind of generic statement, but that lot at present,
we're looking at access from Corporation Boulevard. That other lot,
I'm referring to.
COMMISSIONER NELSON: Good.
COMMISSIONER PRIDDY: Mr. Chairman, I move that we --
ACTING CHAIRMAN BRUET: Mr. Priddy, Just one moment. I'll close
Page 11
October 16, 1997
(All speakers on this issue were sworn.)
ACTING CHAI~ BRUET: Petitioner's not represented?
COHHISSIONER PRIDDY~ Yes, he held his hand up.
ACTING CHAIRF~N BRUET: Okay.
MR. BADAMTCHIAR: This is a temporary use permit extension for a
model home located at 1830 Golden Gate Boulevard. They are requesting
a three-year extension. Staff reviewed this petition. They fully
comply with the requirements of the Land Development Code. The staff
should commence the three-year extension. Staff hasn't received any
letters in o~position to this request. In the past, they never had a
code violation at this location.
ACTING CHAIRMAN BRUET: Okay. Anyone in the audience care to
speak? If not, we'll close the public hearing.
COMMISSIONER OATES: Hr. Chairman, I move we approve TU-97-5.
COHHISSI~ PRIDDY: Second.
ACTING CHAIRMAN BRUET: Mr. Priddy with a second. All in favor?
Motion carries. Hove forward to Petition Number TU-97-6, a second
three-year extension request.
MR. BADAHTCHIAN: Yes, this is another temporar~ use permit for
the same company located at 1840 Golden Gate Boulevard. These two
model homes are side by side --
ACTI}~ CHAIRHAN BRUET: Uh-huh.
MR. BADAMTCHIAN: -- and the same situation, the staff should
COherence the three-year extension.
COHHISSI~ PRIDDY: Hr. Chairman, I move that TU-97-6 -- for
approval.
ACTING CHAIRMAN BRUET: Is there a second?
COMMISSIONER PEDONE: Second.
ACTING CHAIRHAN BRUET: Seconded by Hr. Pedone. All in favor?
Opposed? Motion carries. Moving on to Petition ESP-97-12. Public
hearing, all those wishing to speak, would they please step forward to
be sworn in.
(All speakers on this issue were sworn.)
ACTING CHAIRMAN BRUET: Thank you. Staff?
MR. BELLOWS: For the record, Ray Bellows. This petition seeks to
amend the preliminary subdivision plat approval granted on September 5,
1985 by the Collier County Planning Commission, by adopting a new
subdivision master plan which will repeal the stipulation that there
shall be only one access to the subdivision from Industrial Boulevard.
No other changes are proposed.
The petitioner's requesting the second access to Industrial
Boulevard from the northwest corner of Lot I to allow for a driveway
connection to serve a proposed bank facility. Transportation
Department has not objected to this second access and is working with
the applicant to sign the access. No letters for or against have been
received. Staff recommends approval. Any other questions? ACTING CHAIRMAN BRUET: No. No problems, Mr. Kant?
MR. KANT: For the record, Edward Kant, Transportation Services.
No, this is an interesting situation because it was brought to our
attention that it could be an anomaly in the way the original
Page 10
16Gl '
October 16, 1997
CO~MISSIONER OATES: That's correct.
ACTING CHAIRMAN BRUET: And they were four feet wide as part of
your motion7
COMMISSIONER 0ATES: Right.
ACTING CHAIRKAN BRUET: Do you care to amend that to five7
CO~MISSIONER OATES: No.
ACTING CHAIRMAN BRUET: It stands at four. All in favor7
O~:~x~sed? ~ake t~t six to tvo, motion carries.
MR. REISCT{L: Mr. Chairman, can I ge= a clarification on when that
one year would be from, so we can ~ut that in the resolution?
COMMISSIONER OATES: One year from --
ACTING CHAIRMAN BRUET: It's really from --
COMMISSIONER PRIDDY: The begi~ning. Pulling the first permit.
COMMISSI~ OATES: I would guess, yeah.
ACTING CHAIRMAN BRUET: Issuance of construction.
MR. REISCHL: From issuance of the first building permit?
ACTING CHAIRHAN BRUET: Yes.
MR. REISCHL~ Thank you.
ACTING CHAIRMAN BRUET: Move forward to Petition Number TU-97-5.
and once again this is a public hearing. All those that wish to
testify --
MR. ~E: Mr. Chairman, I'm sorry. We did make contact with
Mr. York's office and I'm not sure whether the message I got from my
staff when they ~olled the board to see who would be here was incorrect
or not, but he's out of town. So, we probably need to continue 7(A) to
the next meeting.
ACTING CHAIRMAN BRUET: Is there a motion to that?
COMMISSIONER OATES: Mr. Chairma~ -- ca~ I do that, MarJorie? Am
I allowed to continue it?
~S. STUDENT: Yeah, that' s fine.
COMMISSIONER OATES: Okay. I move we continue PSP-97-14 to the
6th of November.
MR. MULHERE: Of course, we're gonna run into a similar problem at
the next meeting unless we have at least, you know, five of the six who
can vote on it at that meeting. So, we'll -- one more time we'll poll,
and this time I'll make sure that we s~eak personally to the
individuals.
ACTING CHAIRMAN BRUET: Thank you.
COMMISSIONER PRIDDY .' Second.
ACTING CHAIRMAN BRUET: Is there a second? There was a motion and
Mr. Priddy seconded it. All in favor?
The item is moved to the next meeting.
MR. ANDERSON: Nice to see you this morning, anyway.
ACTING CHAIRMAN BRUET: Thank you, Bruce, fine job as always.
Fine Job as always. If we can return now to Petition Number TU-97-5.
MR. BADAMTC~IAN: Good morning, commissioners. Chahram
~adamtchian from planning services staff.
ACTING CHAIRMAN BRUET.' This is a ~/blic hearing. Could all those
wishing to testify please stand and the secretary will read your oath.
Page 9
October 16, 1997
there right now. We'd like to have a sidewalk out there. In fact, we
have some frontage we'd pave for sidewalk if you want us
MR. KANT: And that's Just the point that I was making, and that
is that when we look at the overall plan, that while there are a number
of streets and roadways that don't have sidewalks or pathways today,
that doesn't mean that that's not the goal that the PAC is working
towards, so my only concern is that if you choose to waive this --
recommend a waiver of this requirement, that you do so having these
facts in front of you.
MR. BUTLER: Again, there is no interconnect to any other adjacent
neighborhoods. It's simply to Cypress Way.
ACTING CHAIRH~N BRUET: Thank you. Anyone else?
MR. KANT: I was Just reminded that since this a preliminary
subdivision plat, it's not a recommendation. It's the word. So,
again, our position is simply that you recognize the importance of this
issue on a system-wide basis. Thank you.
ACTING CHAIRHAN BRUET: Is there anyone else who cares to speak to
this issue? If not, I'll close the public hearing. Any discussion?
COMMISSIONER OATES: Mr. Chairman?
ACTING CHAIRMAN BRUET: Mr. 0ares.
COHMISSIONER OATES: I would move that we approve PSP-96-6.
That's actually 96-14, I beg your pardon. This is wrong. And
recommend, I mean, pardon me, approve this subject to the stipulations
as shown in the resolution, but with the stipulation that the
petitioner be given one year before constructing the sidewalks.
COMMISSIONER PRIDDY: I'll second that and I'd like to ask the
motion maker if we could cut that five feet down to four feet.
COMMISSIONER OATES: Sure.
ACTING CHAIRMAN BRUET: That ' s a good idea.
COHMISSIONER NELSONs Well, we have four feet on Marco Island and
I think it's almost, you know, too narrow. In other words, we're
willing to expand them all to five and six feet because it's just
COMMISSIONER PRIDDY: But you're doing that on major roadways and
larger streets.
COMMISSIONER NELSON: Yeah. No, but I think it applies all over.
I think five foot is kind of a minimum too.
MR. BUTLER: I know the hearing is closed, but can I add
something? We wouldn't have a problem with five feet if we put it on
one side of the road or the other.
ACTING CHAIRMAN BRUET: I'm sorry. The hearing is closed here.
COMMISSIONER WRAGE: Question. Are we talking about sidewalks or
a sidewalk? Are we talking about one or two? ACTING CHAIRMAN BRUET: Walks.
COHMISSI~ WRAGE: On both sides of the street.
COMMISSIONER OATES: Four feet.
ACTING CHAIR2~AN BRUET: Motion has been given to -- delay it to
one year so the developer doesn't build them right away.
COMMISSIONER WRAGE: Still got a sidewalk on both sides?
ACTING CHAIRMAN BRUET: Both sides. Is that correct, Mr. Oates?
Page 8
October 16, 1997
name, but it's off of Osceola Street down in here and it's an older
subdivision and those folks petitioned for sidewalks and they got
almost unanimous suu~ort.
Every ti~e, based on what ~y staff is telling me, every time we'd
go out and talk to people about sidewalks, bike paths, pathways, you
know, Dick a name, everybody wants them.
So I don't disagree with Mr. Butler's premise that perhaps a
deferral until the subdivision get -- starts to get built out, but I do
have a problem from a system point of view of looking at this as an
isolated issue. Thank you.
COMMISSIONER OATES: Mr. Nelson, I might answer your question. I
have lived, when I first moved to Naples, I lived in Lake Park and we
had no sidewalks. Then I moved to Coquina and we had no sidewalks.
Then I moved to Lakewoo~ and we had no sidewalks. Then I moved to Lely
and we had no sidewalks. Then I moved to Bent Pines and we had no
sidewalks. Then I moved to Palm Circle and we had no sidewalks, and
I'll tell you one thing, I loved living in those areas because we
didn't have sidewalks.
COMMISSIONER PRIDDY: I feel likewise myself.
ACTING CHAIRMAN BRUET: Mr. Priddy.
COMHISSIONER PRIDDY: Mr. Kant, are we locked in on five feet on
these? Because it appears -- it appears to me that, you know, we're
talking about filling up probably 20 percent of the front yards of
these people's homes. I don't know how --
MR. BUTLER: These are full-size lots, but it's still an area.
COMMISSIONER PRIDDY: Yeah. You know, we're talking about
creating a concrete Jungle and I understand, you know, the need for
sidewalks and whatever, too, but it sews that in this small
subdivision that five feet may in fact be a lot more than is needed if
in fact the sidewalk is --
MR. KANT: Ty~ically, a four foot sidewalk is about the absolute
minimum for two people to walk comfortably side by side. If you get
more than that or if you get a person and a bicyclist or a person in
today's -- either a skateboarder or a rollerblader, four feet can be
very uncomfortable.
That, gentlemen, I sub, it is a discretionary item. Our
reco~sendation is to go with the standards that we've established. On
the other hand, you've got the votes, not us.
COMMISSIONER OATES: If you could ban skateboarders, maybe that
would be a real good reason not to have sidewalks.
MR. REISCHL: And also on Mr. Butler's plan, it does show the five
foot sidewalk on -- within a right-of-way, not within a yard.
ACTING CHAIRMAN BRUET: And you don't plan to gate this community;
is that correct?
MR. BUTLER: We're talking about possibly gating it, but I suspect
not.
ACTING CHAIRMAN BRUET: So if they gated it, they couldn't link it
very well, could they?
MR. BUTLER: There's nothing to link it to. I mean, we'd like to
have a sidewalk on Cypress Way, ourselves. There is no sidewalk out
Page 7
Co.~. County (3ovl. Complex Bk:k3. - J
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· · ·
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· · · 3
· · I 2
· · 1
3 2 2
~2 37 26 2e4
Fro~ 17/1&/97 %brough 88/~5/97
PELZCAM BAY AREA
Wed Thur
Frt Sit Totm!
16G1 '"
C
~ C~ ~ 2.997
TOT~.L ~ 1491
~ 48
ACCIDENT ASSIST 02
*F. X.P. EPOHT~ 11
* INTi2L. ]t.EPOKTS O0
07
04
O~
FELONY~ 00
MIS'D~ 00
~m.1~. ~ 00
A]Ut~STASBIST 00
*~CCi'TS 24
*TILFC. KIL~NIN~8 20
*PAHKIN~CITS. 01
N.T.A.'B 01
~ALARM~ 161
BAKER ACT 00
MYERS ACTS 00
*SIG &iR 554
*SIG 41B 496
CITY ~ 00
BACK-UP CLS 39
$CHOL XIN~ O3
TRFFC STOPS 34
S.I. TOTAL 784
Dal~e
1 6Gl mq
~ P. Win]
in nn etfort io i~ lowa..ds a mo~ z~escs~ ~ ~ a ~ b Pr°vided b~l°w °utlining tl~
West Blvd. & Ptlk~n l~y Bh~l.
Eas~ & Wes~
Cr~/toa P,d. & Pldic;m Bay BI~I.
Welt
North & Sodh Bull Nose of mcdhn w/cuU
So~h Oakmom Cul-da4ac
Oaan~ Sisn
2
2
4
2 lnd~m ~
~ si~n
4 Bougairn'ilkn
FtcM Locntcd -Indian l-LTn~hot~
&Ornamcntal Gt-dss's
AGENDA
REC :V;=Dj. 6 G 1
NOV r 97
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT $:30 '~..
NOVEMBER 20. 199'7 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM.
ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAIL
EAST, EAST NAPLES. FLORIDA:
~ANY PERSON W'HO DECIDED TO APPEAL A DECISION OF
TH/S BOARD WILL NEED A RECORD OF THE PR(XTEEDINGS
PERTAINING THERETO. AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL MATERIAL USED IN PRESEN'rATIONS BEFORE THE CCPC
WILL BECOME A P~ PART OF THE RECORD. THESE
,MATERIALS W~LL BE AVAILABLE FOR PRESENTATION TO THE
BOARD OF COUNTY COMMISSIONERS.
I. ROLL CALL BY CLERK
2. ADDENDA TO THE AGENDA
APPROVAL OF MINLFTES: Ocmbcr 16. 1997
PLANNING COMMISSION ABSENCES:
BCC REPORT
CHAIRMAN'S REPORT
ADVERTISED PUBLIC HEARINGS:
Constantine_
~ p.r..,, To:
Pctition No. PSP.97.14. M,tt'k D. McOem~ of commum~/ En~'inccrms Scrviccs. IK..
W~on ~1~
~ ~t ~ of C.~ 951 al V~lt ~h R~ m ~ 35, To~ 48 ~ ~ge 26 E~L
c~l of 322.15 ~. (C~d~a~ S~M~y)
p~ No. V-97.10, Kelly B. ~ ~ A. !1~ re~g a 10 f~t 5 i~h ramie from ~ re~ed 30
f~ ~ ~k
~ ~ I~ ofT~ 5~, ~ ~ ~ U~ 26, ~ ~ 15, T~ 49 ~u~ ~ge 26 EuL
Cofl~ C~. ~ (C~t~ ~y ~1~)
p~ No. V.~-I),
P~ E~ ~ C~I B. EH~ r~ a 2.~9 f~ a~-~-f~ ~e ~ ~ re~ si~ ~ck
~7.5 f~ 5.11 f~ rm ~ ~ at 170 Hol~ ~, ~ ~n~d ~ Site I, Bilk B,
~1~,-~ ! ~,it i. Colli~ ~, ~. (C~d~ ~ Ba~h~n)
Il.
Ptmton No. O~P.97.3. Wtlltsm t,. Iloovet. AICP. of tlonvct l)lsnmnl Sboppe, rt'prcscntmg James Lindsay.
Bank Diteckx of Ftm National 13snk of NJples -Goldcn Gste, requestinl approval of off-site parkml~ and a
bank AT~ on LMs .11 & 32, Block [4. (:~idcn Gate Uni~ 3 (le~1, the easterly 40 fcc! of Lot 31 ). to scr~.c thc
ext~mS business located on Lots I-3. Block ~4, Ooldcn Gate Unit .3. which business is located at 4794
Ooldcn Crate P~4cwsy. in Section 2S, Township 49 Sou~ Range 26 East. Collier County. Florida.
(Coordina~oc Fred Rci~chl)
Pctition No. C1~-07-17. ~ Kecne, P.E., rcixcscnting Jerry R. llooks and Cathcrinc J. Boyc~e. rcqucstmg
Conditional U~ "23' of the "A' zonm~ district fm a spothng and recrcnticmal camp including alrboat
for IXOpcrry (M, Knbed a~ that part of'Section .36. Town~ 51 So,h, Range 27 East. lying so~th and wcst of
U.S. 41 fTaminmi Trail East} m ColIicT County, Florida, co~is~$ of 194 acrc~, more or less. (Coordtmtoc
Fred
Pctition No. PSP-9'/-9, Dav)d II. £anneT, E.I., of Coa.~l ~ Consultants, Inc.. rcprcscnting thc Club
Esmes, LC., ~ Prclimina~ Subdivision Hat q~'ctvnl for "'l'he Club Estates" located on the wcst
IMe of Isl~ of CJIx't Road (CR-951) and nofl~ of RJ~lemake Han~nock Road (5R-864) in Section 10,
Tml, ml~ 50 ~ Ras~ 26 Ea~ comtsW~ of 155.8 $CTCJ. (Coordinatoc Ron Nino) (Contmucd from
(X'IoMr 16. 199"0
P~ii~on No. DOA-97.2. William R. Vines, of Vh'~cs & Associatc~ Inc.. rcprcscnting Ricl-~rd K. Bcrmctt.
Trus~e, Natiecs Bank IJnd Tms~ #5222 for an ~T~ndmmt to ~e Twelve Lakes Developrncnt of Regional
Impnc~ (DRIL Dcvelopmtm Order 87-I, Resolution 87-4, u amtnde~ for the pm'lx)K of rc~sing the d~e by
which Time Si~.niflcam Ph?,Jical De~lapmL~ w~ to have commenced; Date prior to which no down zomng
achon could occur, ~ Trmsp(x~adon Condttio~ and revising the PKuing Sche(fule for property
located on die nor~ ~ of Da~s B(mlcverd wtrich cxttnds north to Radio Road in Scction 4, Towml~p 50
South, ~ 26 East, Collier County, FloddL (Cootdmaloc. Ron Nino}
Petition No. PUD-9?-I.3, Michael R. Fcrnandez, AICP, of Plannin~ Dtvc~ Incorporatcd, rcprcscntin8
Antlx)ny J. tlartt~, r~ s ~'zone from 'A' Rural A~ricu~! to 'PUD" Planned Unit Dcvcloprncnt for
a nixed me projecl d~at e~tabltlhed two tracts, Tracts 'A' (1.82 acrcs) and ~I3" (6.94 acres) for medical and
related ~ on Tracl 'A", and n'L"dicai and ~lated mc~ or public facilitics and institutional u.Ks, or 42 mixed
rrJidcn~l dwellin~ unds on Tract "B" fo( property fromin~ on IM south side of Inn'nokalee Road (C.R. 846},
lytn[ spproxtms~ly ~ fet~ ~ of Vderan~ Psrk Drive in SecTion 26, Tow~hip 48 South, RJngc 25 EuL
Collict County, Flohda, coltdsttn[ of $.76 ~ mo~ ot le~ (Coordinatoc Ron Nino)
PctWon No. DOA-97-4, C)eor~ L. Vatmdoe of Young vnnAucn(k~p & Varnadoc. P.A., rcprescnting
C~,~,,~,~J, L.P., for an ameTjdmenl to dx Pellcaa I~anh De~e~ Order 95-1. as amended by
Dewlopmc~ Order 95.5. Rtso~ 95-555, for dx puq:)me of redet'ming [he dcvciopmcnt str~teg,/and
~ Plan roi' ~ ponxm of Pelican Mardl lyinI cut of Airport-Pullin$ Road (C R. 31) and thc arca of
Vanderbih 13each Ro~.Frank Road ~ for a 4.70 "CF' parcel, which w~ll rc~u]! in a
reduction to dx nmn6cr of d-~cllin~ units anthori~d form 5,600 to 5,100 dwclling units while rc~sin~ the
antlxxiz~ aw of con~x'rc~l developmcnt by decrca~in~ Ktail and office space, and increasing hotel
q~ce, as w~ll u pravidin8 for a new Muter Plan illu~tratmg a twenty.~cvcn (27) hole golf com~e and
incToaJed open spice in thai parl of i~e Pelican Ma~Jh cotrsTA~ty lying cut of Air]~ort. l)ulling Road and
(Itsi[mtm~ a 4.7 ~ parc~! of land at dx Joutheut corner of' Vanderbilt Beach Road/Goo(Jlcttc. Frank
Road for a c,~,~,,,unity FKility t3~e of land use, and a boundary change on the western most p~'cci having the
effect ofdclttin~ 3.4 acrts ~ the Pelican Marsh co, at, unity, for property located immediately north of ancl
con~gtx)m to VanderbOt 13each Road (C.P.. 901), ftorn Ah'por~-l)~lling road (C.R. 31 to U.S. 41 ,~orth} in
.e)cctio~ 25, 27. 34.35 & 36. Towmhip 45 $omh, Range 26 Eut. consisting of 2,072 acrcs. (Coordm.~tor:
Ron Nino} [Companion to PUD-93.1(3)
2
· 1661
9.
i0.
L
Pettflen No. PttrJ~)-I()}, ~ L. Vaenedee of Yous~. v~,~A~,ndetp & Vamadoe. P.A.. rtq~.e'~'mmg
WCI Cens~naie~ LP., f~ a re,ne fr~n 'IUD' Flamed U~ Dewbpnx-m to 'PUD' P1~nned Unit
Deve~ ha~e$ the effm ~~ ~ Pel~ M~ ~. ~d~e No. 9~4. f~ ~ ~ of
~ ~ ~~ ~ ~ M~ ~ f~ ~t ~ of PcI~ Manh I~g east of A~-
~ ~ (C.~ ~i} ~ ~ ~ ~V~h ~h ~-F~ R~ mt~ f~ a 4.70
~A~~~{C.~31}~~a4.7~el°f~~ ~t c~of
~ ~ ~ ~ ~ ~ ~1 ~ ~ ~ of ~ 3.4 ~ ~ ~ Pelican M~
C~ f~ ~ ~ ~~ ~ of~ c~ ~ Va~ilt Beth Road {C.~ ~!)
~ A~-~B~ ~ (C.~ 31} ~ U~. 41 N~ M ~ 25, 27, ~4, ~5 & 36. To~ 48 ~
~26~c~ of~2~ (~ R~N~) (C~~o~A_97M)
P~ No. ~a, O~ ~ & R~ ~ ~ M~I P~ M.D. re~ng a s~ll
6,1~
P~ ~. R-~-2, g~ ~ ~ Y~ ~ & V~, ~ R~n ~ of Hole.
M~ a ~ ~ ~ Mini P~ ~ a ~ ~ "E' ~ m C-I~ f~ a
~ ~ f~ ~ ~ ~ ~ ~ c~ of N~ ~ ~ P~ Ridge R~ (C.~
~k ~ ~ ~ % ~T~ 41, U~ 33, ~ ~ ~ ~ ~ 17, To~ 49 ~
~e 26 ~ CoH~ C~, ~ ~g of~~ 2.3 ~. (C~d~t~: B~ MiR)
OLD BUSINESS
NEW BUSINESS
DISCUSSION OF ADDENDA
I !. ADJOURN
I 1/20,~7 C'CTC AGENDA/md
3
RFO.~IVED
NOV 1 3 1997
Board of Co~n,t~.Co~lsstoner
Technical Advisory Committee
and
Citizens Advisory Committee
of the
The Naples (Collier County)
Metropolitan Planning Organization
Wednesday, November 19, 1997
2:00 P.M.
Building"F', 3rd Floor
Collier County Government Center
Board of County Commissioners
Meeting Room
Planning Collier County's Transportation Future...
Agenda
Naples (Collier County} Mew~politan Planning Organization
Wednesday.. November 19. 1997
2:00 P.M.
Collier County Oovemment Center
Building "F". 3rd Floor
Board of County Commissioners Meeting Room
Naples. Florida
meeting a! eke N~rplt~ (Collier Calmly) Metropolitan Planning
~~ (St~) r~n~ ~ and ~ ~a~ CommiHe~
~a ~n ~ gk~l~ ~ ~ do ~ ~n r~nMon ~ the
Any tnnn~ de~irtng ta ktn~ tn Item pierced on eke qenda shall make a
re~e~t in wrying, w#k m dt~etan tad Mmm~rt~tlan af the Item, to the
MPO Cmrdln~t~e ~ lemt 14 tM~t pr~ t~ t~e dme af the n~.vt Jcheduled
me~nt o/ t~e
Addalda Io Ihe Al~rada
Approval of ,Mlnule~ for (he O~totnr J2, 1997 Meeflnlt
?.
A, Consklcmtoa of ~he FDOT Draft Tenmive Wink Pre,,ram
B. Up&ue on the hmiami Trail Scenk Ili~hway Program
C. [X~ribmion of 19qT/19ql C^C Manuab a~d Review of Ex~in& Bylaws
D. Report on '[ramponalicm Demand Management Plan Development
Mbctffaneo~s Corre~po. dem
Lq'YEA Reautho~iza~km InformMion
DH(u~Ion of Addenda
AdJotsrn
1 6Glmm
AGENDA ITEM
Approval of the Minutes
of the October 22, 1997
TAC/CAC
2
2
2
2
2
2
2
2
2
f
DATE:
TIbIE:
PLACE:
MINUTES OF TIlE TECIINICAL ADVISORY COMMITTEE/
CITIZENS ADVISORY COMMITTEE
OF T~IE
NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING
ORGANIZATION
Oc~obe~ 22. 1907
2:00 P.M.
Co~ier County C. mvermnem Center
Superviso~ of 13ecfio~ Clu~'oom
Bugding B
TAC bIEblBERS
STAFF MEMBERS
Wayne Arnold X
M'm7 McKim ( I )
V~nce Cau~ero X
F. dwlrd IC~nl X
~ ~i ~S
T~ Sol~ ~S
~ ~ (2)
Jo~ ~~ X
F~ ~e X
Ken Heathering~on X
Amy Taylor X
Gavin Jones X
Jeremy Batfis X
~'~C ALTERNATES
(I) ~Um Walker
(2) Maureen Swenson
TAC NON-VOTING M EM BERS
Bill Lorer~ ABS
Arthur Dobbemein X
Larry Andmon ABS
Roger Krahl ABS
Robert C. Daniel ABS
Sherrili Culliver ABS
CAC MEMBERS
A. Gail Borman
Christine Straton
Sally Barker
Reed Sarvi
John Ad~er
Jack Poimcr
Walter/ohnson
ABS
X
X
X
X
X
ABS
Dee Sheridan, Good Wheel~
CALLED TO ORDER
2.05 P.M. ADJOUR~I~D; 3.30 P.M.
Reed Jarvi. CAC Chairperson
~ Gavin Jones
,/
MINU'IT,$ REVIEWED BY: '
ITEM I. ADDENDA
Membership Issues were added as an addendum to the agenda.
ITl:bi 2. APPROVAL OF TAC/CAC MINUTES of September 24, 1997.
Ms. Theberge suggested that the words "spent to purchase" in the second paragraph of
item 4B be changed to "used to fund the development oK" Staffmade that change.
Mr. Kant moved approval oflhe TAC/CAC minutes for the meeting of September
24, 1997. bls. Stralon seconded the motion. The motion passed unanimously.
ITEM 3. OLD BUSINESS
3A. Tax Payer Relief Act
Mr. Banis described a provision in the recent Taxpayer Relief Act that enhances the ability
of employers to compensate employees for not using parking spaces.
Issues raised about the implementation of such a program included the question of what
the ~ource of the money would be whhin a Collier County government program (count.,,'
employee~ are paid from a variety of funds), how to enforce the policy.', what the incentive
to prh'ate employers would be; and that such a pro,ram would be most successful
alon~ide the availability of other modes.
P, ls. Straton moved that stalT should create a Transportation Demand Management
committee with TAC, CAC, and business representation. Mr. Kant seconded the
motion. The motion passed unanimously.
ITEM 4. NEW BUSINESS
4A.
Consideration of Resolution 97-02 Author~ing the MPO to File an
Application with the USDOT.
hit. Kant moved to endorse the applkatiou to USDOT for Section 5303 funds, to be
used for various transit related activities In the upcoming fiscal year, including a
4C.
Consideration of a Request by FDOT to Amend the Transportation
Improvement Program.
Ms. Swenson moved to endorse the amendment to the TIP that moves WPI #114212
into F'Y 97/95. ~ts. Straton seconded the motion. The motion passed unanimously.
Mr. Kant moved to form a committee that would review the scope of services as it
was presented, and return with comments at the next meeting. Ms. Walker
seconded the motion. The motion pas~ed unanimously.
The committee saw the need to dally presenting the scope to the MPO until it had been
reivlewed.
Some of the issues raised re~a~dinB the scope u ~ was pre~,.med included the need for
break down ofthe tot,d contr~'t ~ · desire to see suggested routes; the need for a
program that tracks perfomanc~, the need to include seasonal residents in the public
partidpation aspect ot'the plan preparation: the de, ire to quantify, if possible, if lack of
transit affects attractiveness to new businesses; the desire to see other TDPs for
comparison to the one proposed in the scope; the fact that new developments m'e not
transit fdendlT, and the need to rem/nd readers of the TDP that there are many types of
vehicles available for providin$ transit services.
Transit Development Plan. W{s. Barker seconded the motion. The motion passed
unanimously.
4B. Consideration of a Scope of Servicee for a Transit Development Plan (TDP)
Submitted by the Center for Urban Transportation Research (CUTR).
IT£,M 5. .Mis¢¢llineous Correspondence lnd Discussions
Mr, tlmtherinffton introduced hfs, Sheridan of Good Wheels. Ms. Sheridan said there
would be an opportunity to tour the facilities at an open house when the transition period
FF~M 6. Discussion of Addend~l
Membership Issues
Mr. Jaswi announced his desire lo step down as ch2irperson of the CAC. He suggested the
nomvotinl~ membees of the TAC no longer be recorded in the minutes.
Ms. T~ytor mumunced that Ms, B&rker Ind Ms. Borrnan would be recommended for re-
~ppoimment to tl~ CAC ~t the MPO meeting two days hence.
ITI:M '7. Adjourn 3:30 p.m.
4
AGi~NDA ITI~M
Old Business
Transit Development Plan Scope
1 661 "m
1 6G1
Coustdermfloo ors Rfvls~ ~ of'Services ~r a Trtmsit Developmut i'Ltu Submitted by the
rot. Urb~t Transpoetaflon (CUTR)
Ob}eeflve: To review and r~commend for aplx'oval a r~vised scope of services
for a Transit Dcvel~ Flan (TI)P).
C~tdderntlom: At the C^C/TAC Meeting of Octob~ 22, 1997, the
CAC/TAC reviewed a &aft ora sco~e of services sul~nitted by the Center for
Url~.n and Trtnsportat~ Rc~ea~:h. In response to some cor~,rns, the
CAC/TAC dire-led staffto fo~m · trnnsit ~,ope committee to meet ~ CUTR.
T~eommlp. eemetwlthCLFFRonOclober30, 1997. CUTR~tedall
ofthe recommenda~ion~ ~ from the Oclober .tO meeting. The rcvi~'~d
Staff Recommendation: Staff r~ommends that the CAC and the TAC
tecommeml nplXovsl of'the rts, ised scope oir g, rvices for the Transl~
Preimred bYAm~y Tsylor~l'~-ans~lon Planner lhte:
11110/97
I I/! 0/97
Meeting Notes
~lotJon:
,VLude I~:
Second b~:
¥o~e:
CAC/TAC Agenda
November 19, 1997
Item 3.A.
TRANSIT DEVKLOPMEITI' PLAN SCOPING COMMITTE£
Meettnt Roster for October .~0, 199T
Name Agency
TRAN~IT .~COFING COMMITTEE
Sally Batter
Chri~ Str~o.
Maureen
Fran Thebeq~e
Julia B. Savage
STAFF PARTICIPAN'f.q
Ken I lemherington
Amy Taylor
CONSULTANTS
Dennis tlinebaugh
Jennifer llardln
Laura LaChnnce
(CAC)
(CAC)
(TAC) Southwest Florida Regional Planning Council
(TAC) Collier County Transportation Services
(TAC) FDOT
(Transportation Dimdvantaged CTC) Good,.vheels
(Transportation Disadvantaged Planner) SWTRPC
MPO
MPO
CUTR
CENTI~ FOR URBAN TRANSPOKTATION RF. SEARCH
Ken Heathetington
MPC) Coordina~
Naples Collier County MPO
2800 North H~ Drive
Naples. Florida 34 ! 04
Enclosed is a revised scope of services fig the Transit Development Plan.
We incorporated all of the comments received from the October 30 meeting. In addition, we
moved around the order ora few of the tasks in order to better coordinate the timing of the
project with the Tr~ Demand Matmgement Study. The task containing the
development of goals and objectives was moved to later in the project. However. the first public
meeting is still ~cheduled for eady in the project.
We also enclosed a jtmification for the 20 percent indirect rate included in the budget. 1 know
· Ed Kant was interested in what mair~ up this indirect rate. This is a negotiated rate that the
university has with other Florida local governments. The regular indirect rate for research is 45.2
percent.
We look fon~d to hearing from you following thc outcome of the meeting on November 19.
Thanks.
Sincerely,
Laura C. Lachance
Research Associate
Jennifer A. Hardin
Research Associate
SCOPE OF SERVICES
COLLIER COUNTY FIVE-YEAR
TRANSIT DEVELOPMENT PLAN
/997
INTRODUCTION
A Transit Development Plan (TDP) establishes a strategic context for transit cvolvcmem in a
community and serves as a guide in the enhancement and implementation of transit solutions. A
Transit Development Plan defines a community vision for public transpor~tion along with an
assessment of public transition needs and serves as the basis for a staged implementation
program to set priorities for improvements. The Florida Department of Transportation {FDOT)
requires that a community develop a five-year Transit Development Plan in order to establish and
maintain eligibility for state funding. The ultimate intent of the planning process is to provide
Collier County with a viable tool which will assist in meeting transportation challenges today and
in the future.
The Transit Des'clopment Plan also is a policy document that integrates public transportation goals
and objectives with those of other adopted plans, including thc transportation plan and thc
comprehensive plan. FDOT strongly encourages a strategic approach to the planning process and
emphasizes Ihe importance of public participation in thc preparation of thc Transit Development
Plan.
As a fast-growing metropolitan re'ea, currently served by public and private demand-responsive
services. Collier Coumy faces a wide variety of options and opportunities. The Center for Urban
Transportation Research {CLFFR) at the University of South Florida (USF) proposes to prepare a
Transit Development Plan ITDP) for the Naples Collier County Metropolitan Planning Organization.
This TDP will identify and assess public transportation alternatives in the context of public
perceptions, mobility needs in the community, transportation spending and economic growth, and
the community's vision for tran~xartation in Collier County.
3'cn.¢rnbe,. 6 1~9~
Collier County is unique in its demogr~hJc composition, patterns of development, and types of
available transportation. Because ofthis uniqucn,.ess, a strategic approach must be developed which
takes into account the existing transportation disadvantaged Community Transportation Ccx~rdinator
(CTC) sen'ices, private transportation services, possible transportation that could be otTercd by
major employers, and additional public transpomtion operations desired by local residents.
A series of questions are presented below to identifi various issues to be addressed in the study.
What fa the demand for public transportation service in Collier Count).'? What market
is envisioned for public/community transportation in the counD,? Ate there natural corridors
connecting activity ccnter~7 Do q:~'cific areas stand out as appropriate for improved public
transportation7 Ate there geographical areas of transit dependent persons ss'ho would benefit
in terms of improved mobility7 Ate there areas of Collier County that v,'ould be appropriate
for alternative public transportation ~'tvices such as a dov,'ntown tourist shuttle or a beach
bus. Task II of this ~cope ad&essex the demographic makeup of Collier County and will
include interviews with community leaders to determine potential demand for public
transportation. Task V includes discussion groups with current community transportation
users, agencies, and local businesses/citizens, while Task VI examines mobility needs and
assesses the demand for public transportation in the community.
Ifow does Collier County compare to other counties in and outside of Florida? What
ate the populations, residential demitie~, and employment densities of counties with fixed-
route transit syn.-ms. ~ith demand-responsive service, with active carpool or vanpool
programs? Ate there other important characteristics in determining the appropriate type of
public:commtmity transportation? Tasks IV and V provide peer comparisons of Collier
County to similar metropolitan atw. aa in the United States.
What are the alternatives for public/community transportation in Collier County?
What types or public/communitw transportation services should be considered? Task VIII
identifies and assesses ahernativcs for public/community transportation in the count.,,'.
' ' 1 6Gl
,Vm'ember 5. I907
Ilow should future alternativ~ interface with existinlg public transportation ser~'ice
providers? Task III identifies public transportation providers in the count.,,', xvhile Tasks VI
and VIII address this specific question in light of mobility needs and the evaluation of
various alternatives.
Ilow does the publle participate in thit project? As noted above, the transportation
planning process recognizes the importance of public input as part of the preparation of a
Transit Development Plan, Task I establishes a Review Committee made up of a cross-
section of local elected, adminir,-ative, and business leaders. Task V includes discussion
groups with the public to determine potential users of public ~rtation alternatives. In
addition, m~o informal public meetings are scheduled over the course ofthe project: the first.
during Task ill {Identify Existing Public Transition Services). and the second, during
Ta~k Viii {Identify and Evaluate Alternatives}. The purpose of the public meetings is to
educate the public regarding public transportation alternatives and to obtain public feedback
on the progress of this sttMy. In cort'mltation with MPO and FDOT District One
representatives. CUTR also may schedule smaller meetings v,'ith selected groups to elicit
further input.
What lex'el of fundinl{ is available for public transportation systems, and how willing
are the public and community leader~ to provide subsidies for this purpose? The
inter,.'ic~v~ and discussion group~ in Task !1 and Task V will include questions addressing
these issues. Discussions of costs and funding sources are also included in 'Fask VIII
(alternative~}. Task IX. preparation ofthe Transit Development Plan. presents a funding plan
as part of the final TDP and also identifies proposals with no funding source.
llow will the Transit Development Plan be implemented? Task IX includes the
development ora time frame for implementation of the various recommendations over the
next five years. FDOT expects the first two years to be fairly detailed, with less specificity
required in the out years. FDOT also expects the MPO to update the TDP every year. As
the administering agency for public transportation funds, the TDP must be adopted by the
MPO.
The above questioms outline general areas of interest for the TDP. The remainder of this scope
defines specific tasks that will be under, eh to answer these questiorm in compliance with FDOTs
concept of a Transit Development Plan. The g:xape ofserviees Ls based on the original sample scope
of ~:rvice$ developed by FDOT and on CUTR'$ work in developing the manual to guide the
Ptz3lar'afion of TDl~. The seope also builds on CUTR'$ expefienc~ in conducting transit studies and
preparing Transit Development Plans for other communities in Florida.
SCOPE OF WORK
TASK 1. ESTABLISH A REVIEW COMMITTEE
A Review Committe¢ will be estabiLOmt to monitor and provide input to thc project, and to review
deliverable~ produced by Ct]TR. It h anticipated that the Review Committee will pick its own
cheirper,g~ MPO gaffwill select the membe~ and will include ~tatives ofthe Community
Tramportation Coordima~. FIX~, and the Local Coordinatin$ Boa~. The first meeting of the
Review Committee will be a workshop to explain what a 1'DP is and what the responsibilities of the
Review Committee will be. In addition, each technical ngmorandum will be presented to the
Review Committee for their rodew. CUTR will respo~ to all recommendations from the
committee.
TASK Il. COMPILE BASE DATA
in this mk. demographic, economic, and transporxation data for the study area will be collected by
CUTR with assistance from the MPO.
Ao
Demographic and economic data will be collected for the study area to provide
historical backgroumt and a description of the ar~a. The 1990 Census of Population
and }lousing and the Bureau of Economics and Bus/ness Research fBEBR) of the
University of Florida will be used as primary data sources, supplemented by data
currently available from the MPO. This information will be presented in tabular and
geographical formats. Data to b¢ collected i:glude thc following:
4
1907
·
·
·
·
·
·
·
·
·
·
physical description of area
population by age .',nd income
population density
housing density
employment density
labor force
auto ownership
trip density by trip pttrpose
tourist and visitor levels
trmspormion disadvantaged population
land uses and densities
perking suppl)' (capacity and location), including parking cost
area roadway m~d traffic conditions, including levels of service and
currem or projected capacity deficiencies
available air quality data.
Key local offictals and community leaders will be surveyed regarding current public
transportation service. In addiffon, community leaders' views on thc fi:ture of public
tr'mupo~tion in Collier County will be assessed including views on transportation
dcrnand management strategics. Policy issues of greatest local concern will be
identified and discussed. Appropriate officials and community leaders will be
$ele~-tcd by the Review Committee with assistance from the MPO. lnter~'iews will
be conducted with 10 to 12 officials.
Deliverable: Technical Memorandum No. I will summ~ze demographic, economic, and
traflsponation data and results from interviews. The results of thc Technical Memorandum v.~ll be
presented to thc Review Committee.
TASK III.
November 6_ I007
IDENTIFY EXISTING PUBLIC TRANSPORTATION SERVICES
The MPO. CTC. RPC staff, and thc Review Committee will assist in developing an inventoD' of all
existing public and private transportation scrviccs operating in Collier Count)'. These include
providers of service to the trampor~ion disMvantaged, community bus operators, vehicles for hire.
employer shmtlcs, and hotel shuttles.
Both current and historical data will be collet~ed. ~ere available, to obtain an historical perspective.
Data ss'ill include type and level of service, service area. clients served, budget and other available
financial data. and vehicle fleet and facilities. A detailed profile of transportation disadvantaged
operations will be provided, using Annual Operating Reports submitted to the Florida Commission
for the Transportation Disadvantaged as the prirna~ dam source. The following information will
be collected for each provider, to the extent possible:
·
·
·
·
·
·
·
·
Name of operator
Type of ~ervicc
Service area
User~ of the ~ervice
Fare structure
Sera'ice agreement~/contracts with other agencies
('urrenl budgct/fJnarmial data. including capital and o~-rating expenses and revenues
Vehicle inventor?,.'
Number of employees
A public hearing will be held at this point in the project to discuss thc completed tasks, and to
dc'~mninc wha~ the public considers to bc m-cas of critical concern for mobility. Public input b'ill
be used to help guide the focus of the remaining tasks including thc development of goals and
objectives in Task VII.
Delivensble: An appendix containing information on transportation providers in Collier Count)'
will be included in Technical Memorandum No. 2. This information will al.so be used and
incorporated in Task VI - £stima~ Demand and Assess N~'ds.
6
TASK IV.
EVALUATE EXISTING PUBLIC TRANSPORTATION SERVICES
This task will pms4de an analysis of existing public transportation services in Collier Count.','. This
analysis will locus on TD services provided and coordinated by. the Community Transportation
Coordinator.
A traxl attalysis of the CI'C will be undertaken to assess the ~'stcm using measures
falling into three major categories: sysaem perfommm'~ effectiveness, and efficiency..
System perfonnat~c of the CTC in Collier County. will also be compared to the
perf~ of similar ~.~ througho~ Horida using ctu.~r~t and historical data
contained in the Florida Commission for the Transportation Disadvantaged Annual
Performance Report.
Trip characteristics will be nnalyz~ by conducting an origin-destination analysis of
a sample of trips prm'ided or coordinated by the C'I'C. This information will be used
to determine patterns of travel, peak travel times, and demographics related to travel.
The origin and destination data ~611 also be mapped to illustrate existing patterns of
travel.
Deliversble: technical Memorandum No. -' will provide a performance review of the CTC
including a trend analysis and peer comparison. In addition, an origin-destination analysis of TD
trips will be performed. An appendix containing information on transportation providers in Collier
County ',,,'ill also be included in Technical Memorandum No. 2. The results of the Technical
Memorandum will be presented to the Review Committee.
TASK V. EVALUATE TIlE POTENTIAL FOR ADDITIONAL PUBLIC
TRANSPORTATION SERVICES
At this point in the stud.,,', an analysis of the potential for vaxious types of public transportation
service in the study area will be conducted. A review of factnrs and thresholds in thc transportation
literam~ for fixed-mute bus. demand-responsive, and caqx~l or. vanpool services ,,,,ill be conducted.
7
November 6_
The population, population density, and employment density of other metropolitan areas in the
United States that have public transportation systems will also be compared with Collier County.
This review will focus on areas with similar characteristics of Collier County. and will be used to
identit'y potential q, Tes of public ttattslx:~tion service for Collier County.
A tm,4ew of thresholds at which certain types of transit systems become suitable ,,,,'ill
be conducted. The rrsdew ss'ill consider the appm~ate factors identified in other
studies, r~commended thrrsholds, and the geographic unit of analysis.
Demographic characteristics of Collier County will be compared to similar
meuopolitan areas with various types of public transportation systems. Population.
population density, and employment density will be considered, along with the
percentages of low. income households and households without access to vehicles.
Additionally, the availabiliqt of parking and its cost. and the general level of
congestion will be considered in the comparative analysis.
Thr~ discussion groups will be conducted with users and non-users of the existing
public transportation. The discussion groups will assess each groups goals for future
public transportation in Collier County.. Although qualitative rather than quantitative
in nature, discussion groups are excellent tools for revealing attitudes of particular
groups beca~ of the oix'n-ended nature of group discussions. The target groups for
the discussions ssill be determined by. the Review Committee with input from MPO
staff and CUTR.
Alternative public ~tion services available in other metropolitan areas in the
United States will be examined to determine their applicability to serve the tourist
market and other specialized markets in Collier County.
TASK VI.
ESTIMATE DEMAND AND ASSESS NEEDS
Demand for existing and potential public t~nafion in Collier County will be projected using
several approaches. The Community Transportation Coordinator of Collier County currently
provides 'ID service througtxa~ the County. The demand for this service will be estimated. In
addition, the demand for public tramponafion services that are not currently being offen:d in Collier
County will be estimated. The mefl~ods by which these services will be estimated are explained
below.
A needs assessmem based on demand estimates will also be developed. The needs assessment ,,,,'ill
take into ~ccount current and potential travel origins and destinations, geographic areas that could
be served, frCClUCnCy nnd houm of service that could be provided, and demographic characteristics
of Collier County residents. In addition, all previous tasks will be considered in assessing the need
for public a'ampot~ion in Collier County. The needs assessment will also include and examination
of possible coordination of service with cunt. hr public and private operators of public transportation.
'ID ridership over the five-yezr plan period will be projected, assuming current
service levels ate maintained. TD demand will be based on CUTR's 'Methodology
Guidelines for Fotecasling TI) Tmnspor~ion Demand at the County Level'
document that was prepared for the Florida Commission for the Transportation
Disadvantaged.
Demand for public ~tion services not currrmly offered in Collier County
will be pmjecttd using several approaches. For example, ridership rates from other
metropolitan zreas in t]~ U.S. with varying levels of transit service and per-capita
tramit spending will be ~pplied to the Collier County service area. Price and service
elasticities will be used to estimate the impact of different fares or service levels on
ridership. Geographic data will be analyzed and plotted to determine the residence
of persons most likely to be dependent on public transportation.
Impacts of the Americans with Disabilities Act (ADA) will also be examined. Where
appropriate. ADA-eligible demand will be estimated.
9
· ' 1 6G1"'"
Do
November 6 I997
At this point the Review Committee and the MPO Board will receive presentations
to discuss and finaliz~ flxt public transportation goals and objectives, to be included
in Technical Memorandum No. 4.
Delh'erable: Technical Memorandum No. 4 will outline goals and objectives for public
transportation in Collier Cotmty. and demonstrate their conm~ion with goals specified in other
planning documents. The results oflhe Technical Memorandum will be presented to thc Review
Committee.
TA~K VIII. IDE~TIFY AND EVALUATE ALTERNATIVF. S
Alternatives for public transpor~io~ operation in Collier County will be reviewed and analyzed for
the short nmge tfive-year} planning horizons. Alternatives may range from maintaining thc current
level of public transportation (demand-responsive service primarily for the transportation
disadvantaged) to providing expanded public transportation services, such as fixed-route service.
The remits of all previous taskss particularly the needs assessment and goals and objectives, will
be considered in developing service delhtety options for Collier County. Alternatives will initially
be identified and analyzed withont ~ for costs, in line with the strategic intent of the TDP and
the express wishes of FDOT in encouraging the TDP process. Once the alternatives are defined, a
general order of magnitude of costs will be developed for each planning year horizon. This will
include capital and operating costs. Additionally, each alternative will be reviev;ed with respect to
the sen'ice being provided and ils general cost versus the subsidy required (total. state, and federal)
to fund the service. This ss'ill allow the relative financial risks associated with each alternative to
be considered by the Review Committee. and the MPO and FDOT staffs.
An informal public meeting/workshop will be held to elicit public comment on all deliverables
prepared up to this point in the project. Meritorious suggestions will be reflected in revision to the
goals and objectives, needs assessmenL and alternatives evaluation.
11
,~'c~ember 6. 1997
The Review Committee will mcct to cor~cter service alternatives presented b.v CLFTR. The
recommendations and the comments from this meeting will be incorporated into Technical
Mcmorandmn No. 5.
Deliverable:. Tcchnical Memorandm No. 5 will evaluate alternatives for public transportation
service in Collier County. Thc results of the Technical Memorandum will be presented to the
Review Committee.
TASK IX. FORMULATE IqV~R ~NSff DEVELOPMENT PROGRAM
For this task. short range stmcgics will be formulated and a fivc-:ycat TDP will be prepared, based
on the results of previous tasks and considering the input from the Review Committee. The TDP
will be a blueprint for public tzaraportation in Collier County over thc next fivc )'cars. Thc plan will
include recommell~tions on the type of public transportation that should be provided: the markets
it should serve: the geographical ate~ of service (including suggested corridors for service); thc
institutional, organizational, and management structure of the public transportation providers; thc
capital and operational rt'quiremenu for the recommended public transportation option: and the
infrastructure requirenmau to ~)ort the recommended public transportation option.
This will not be a service plan: operational analysis and mute-spocific suggestions are not within thc
scope of this study, hmcad, the TDP will be policy-oriented and strategic in nature: to the greatest
extent possible, it will integrate public ~on into more general long-range planning efforts
such as the local comprehensive plan and planning for compliance with the Americans with
Disabilities Act of lgO0.
The following elements will be included in the plan:
Institutional. organizational, and management structure for public transportation
providers.
B. Alternatives and recommendations for meeting public transportation needs.
12
?' . . I 6Gl'tatum
C. Fi~e-y~ fi~ pl~ ~l~ing ~j~ed ~n~l o~ting and capital ~nses.
~ ~j~ ~1 ~'~ f~m f~e~x coll~tio~ ~d other sources.
D. Five-year capital improvements program.
E. A list of rttommead~o~s for which no funding source is identified.
Monitoring program to track performance measures, possibly including a process to
implement service changes.
Policy' element ensuring that public Ixansportation goals and objectives are consistent
with and support the local comprehensive plan and other planning initiatives.
At this point a draft TDP. ~hich includes all elements above, will be prepared and presented to the
Metropoli~ Planning Organization and otlx, r organizations. The relationship bet~een the TDP and
the County's Comlm:hensive Plan, Long Range Transportation Plan. and the Transpomtion
Disadvantaged Service Plan will be addressed. The draft TDP will contain policies and strategies
to implement the proposed plan. including the development of new fimding sources.
Deliverable: CUTR will submit 25 copies of the draft TDP for review, comment and acceptance
Imm the Review Committee and the MPO,
Following presentation, review, and acceptance of the draR TDP, CUTR shall prepare and submit
the Final TDP document.
Deliverable: Fifty copies of the TDP will be preptzred by CUTR and provided to the MPO. CUTR
will provide a 3.25-inch diskette containing the I'DP (WordPerfect 7.0) and all associated graphics.
13
GENERAL
Yo~,ember 6_ 1997
Familiarly.' ,*ith thc public u'ansportalion service area is vital to thc successful preparation of a
Transi! D~'cloprm'm Plan. Accordingly. thc following mccfings/prcsemations will be scheduled for
the TDP:
Review Committee:
MPO nod TAC/CAC: ·
·
'Kick-off' workshop
Technical Memorandum presentations
Draft TDP presentation
Technical Memorandum No. 4 presentation
Technical Memorandum No. 5 prt'sentation
Dr~fl TDP presentation
In addition, on.site inr~wicws and discussion groups will be conducted. Two public meetings will
also be conducted through thc study. On-sim meetings will gcncrail? bc scheduled in conjunction
with deliverables.
STAFFING
A brief description of Ihe principal CUTR staff persons assigned to thc project and their
responsibilities is provided below.
Jennifer Hardin, Research Assod~te, will co-manage the TDP. Ms. llardin has expcriencc in
trnmic pm-atransit, and str~ planning, most recently managing the TDP for Brcvard County and
assisting in the development of the TDP for Volusia County. Ms. tlardin has also been actively
involved in s~'cral projects for thc Florida Commission for ~he Transportation Disadvantaged.
Ltura Lachance, Resetrch .,Luo~hte, ,*'ill co-manage the TDP. Ms. Lachance has experience in
both para~ransit and transit smucgic planning,, mos~ recently managing thc TDPs for Brr,'ard and
Bay Coumies and ass~ing in the devclopmcm of the TDP for Charloue County. Ms. Lachancc has
14
1661"'
also been involved in other parawansit planning projects for the Florida Commission for thc
Transportation Disadvantaged and the National Urban Transit Institute.
Dennis lltnebault, h, Tra~lt Programs l)trtetor, will provide assistance with the development of
altemativt, s. Mr. ttinebaugh has been heavily involved in public transportation planning in the State
of Florida. and vas the Dirt'ctm of Planning for the llillsborough Area Regional Transit Authority
(ItAR'F) in Tampa.
Rosemary Mathits, Paratransit Program Director, will provide assistance with the service
evaluation and developmem of alternatives. Ms. Mathias has been actively involved in paratransit
and transit operatiom and plarming, pa~icularly for the Florida Commission for the Transportation
Disad~,-'antaged. for 19 years. She was co-project manager for the Brevard County TDP. and ,,,,'as the
project manager for the Charlotte County TDP.
Daniel RudlJe, Research Assedate, brings expertise in umspormion demand management (TDM)
strategies and travel mana8~ pro,arm in Florida and elsewhere. Mr. Rudge will be responsible
for the identification and evaluation of potential tnmspomtion demand management (TDM)
strategies for Collier County.
Additional mscarch associates and graduate students employed by CUTR may be involved in various
phases of the project as the need arises, in particular, senior CUTR personnel will review all
technical memoranda ns well as the final report.
15
),'~'ember 6. 1997
PROJECT SCilEDUL£
D~:rlption of Task Deliverable Completion Date
Task I: Establish Review
Commi~ee List of Review Commi~ee Members December 1997
Task I1: Compile Base Data Technical Memorandum No. I FebruaW 1998
Task III: ldemify Existing Public'
Transportation*
.................. Technical Memorandum No. 2 March 1998
Task IV: Evaluate E.xlstit~ Public
Trampormio.
Task V: Evaluate Pcnernial for
Additional
.... Transportation Technical Memorandum No. 3 May 1998
Task VI: Es~int. te Demand and
Assess Needs
Task VII: Identi~ Goals and
Objectives Technical Memorandum No. 4 June 1998
Task VIII: Idemify and Evaluate
Alternatives* Technical Memorandum No. ~ July 1008
Task IX: Prepare Draft TDP Draft TDP August. 1998
Ado;n 1'DP Adoption by MPO August I C~8
Prepare Final TDP Final TDP August 30. 1998
A public workshop will be scheduled befo~ completion of this task.
17
Il,Il,lilt Iltll
1
4962
336200S800
DATE: Hitch 22, 199S
FXLIM~ REF.: The prell
Agreement was dated
AprA1 19, 1994
· ho ratio appro~od &n thLe &gTeeoont afl for use off ~an~J, co~ac~m and o~er
~~o ~L~h t~ r~aL ~~flt, ~bJe~ to the o~d~L~o
PRED. 07/02/0S 0S/20/97 4S.2
PRED. 07/02/0S 0S/20/O7 27.8 orr-ca.pus
IRED. 07/Gl/ga 06/30/0? 26,0 O££-Cinpul
PRED, 07/01/95 06/20/07 44.8 On-Celpuo
PRE~. 07/0X/95 06/30/0? 2i.0
PRL~. 07/01/~S 0i/30/g? 3X.S
~. O?/OZ/~5 0i/30/07 27.0
APPL,CABLE TO
othr spns Ac~vs. (AI
Othr Spn.~ AC~V.. (B
~'d~ftad total dLrsct OOlti, COnlLItLflg of all ailiriol and vigoe~
fringe benefLtl, miterA&ll and I1pplLia; lerVLoii~ travel and
eubgrante and luboont~iote vp tO I~l,000 oS e&oh lObar&ne or
gub~ontra4t (rlgardllll OS tho perLod eo~erod by the .ubgrint or
eubcontreott, Xed/fLed total direct soots abeX% o~olude equipment,
~apttal expenditures, ohargoo esr patLont oars and tuition remLeeLofl;
renta~ seato of off-eL~o £aoilAtLoa~ aeholarahLpo~ and fallovihlpe
al weXl al tho portLofl of each subgranc and lUboontrao~ An eXileS
or $2S,000. .
fringe bene/~tl are apoo~f~biXZy LdentLfLod to eaah employee And ace
charged individually is dLreet seato. Tho dLree~Ly olatmed fringe
benegLte itl XLIted Ln the IpooLl~ ~is&rkl fa~tLon of thio
Agreement.
aye pay ind other paid abloncee ate
Lneluded Ln salaries and Vigil and ire ollLild on grintl; oontraotl
and other agreementl aa part of tho normal Silt for lalir£oo and
vogel, aspirate oLILII for the oOitl or thole paid abienoel
us o2ls
AGENDA ITEM
Consideration of FDOT Five Year
Tentative Work Program
1'681
4A
4a
4a
4a
4a
4a
4a
4A
4A
Conttdermton of the FDOT Dra~ Ttntm't~ Worlt Progr~
~sff it~g~unm~Matl~ Tha~ ~ TAC/CAC mdgw tlm Draft Tgntattvu Ftvg Year Work
11/10/97
! l/ln~
16G1"'
Meet~g Na~es
Made by:
Vo~e:
TAC/CAC Al~mda
November 1~. l~Je/
Item 4A
Dralt Tsatatvk Wor~
Pxnsl;r~a x~mn 1 !-I~'$r7
,!
0
0
0
Li, ~,:,, III.i, !
i i
i
!tl lt,~ i!i j
III
1II
iltl
i
itl
1 661 '~
j I
1
16G1 '
I I
AGENDA ITEM
Update of the Tamiami Trail
Scenic Highway Program
4B
4B
4B
4B
4B
4B
4B
4B
4B
1'651
Update on tim TtndamJ Trail Sot. ak: Highway Proty~m
ObJec~e: To report the results oftbe FDOT Elilp"oility Dc~erminaticm
meetinS scheduled in Tmllahassee off November 12, 1997.
ConsMera~: On April 2. 1996, at the NapJes (Coil;er County) Mcu'opolitan
flmmJnS OrpfltntJoe mS. several citizens md perk per.xinet requested
~ fro' t eomm~nit~ based effort to designate · se~n~.nt oflbe Tamiami
Trail as a Fl~ida Scenic Highway. At the meettn~ the MPO unanlmomty
approved movin~ forwsrd on this issue and directed staffto provide
administrative support to this effort.
In accordance ~ the MPO's dit~-tion and the Florida Scenic Highwnys
Pro,'nm. the ~ staff m~e efforts m identi~ inm'~ i~rties and
stakeholders and sent lette~ ~ ~ to afleml the tim me-iff8 held in
May 1996. At thai meefi~l, the majedty oflftose in attendanee voted to foem
themselv~ imo a Corridm' ~ ~. Tbe group is made up of
~ cJflzmu, soverr,mem md oSmcy ~ perk officials, m~d
experts tn'planniflL enlineetin& law. history and natural resources.
Over the past ye~'. the prJmal~ efforts of the C~ Adv~y O~p (CAG)
~ ~ to ~ti~ ~ coll~ ~ m ~ ~1. ml~ hi~ ~ ~cn~
~ ~ eli~il~ ~1~. ~ CAO ~ ~ ~p~ a ~muni~
~f~ p~ ~~ v~ ~ d~ ~. ~ ~p~
At a meefins scheduled by FDOT on November 12, 1997. the Tamiami Trail
projecl will be e. wal~t~l ~o dwt~it~ scenic hilhway eligibility. Onc~ this has
seceed phase, Ute CAG will IX'epa~ · dculled application for actual
designation of'the eorridm' as a Florida Sceni~ Hll~way. As part of the
dmi~nation application. ~e CAG will develop a ConM~ ~ent Plan
int'~ tmpetwemems. It must also be ~ with dm County's
dm Cramp/Commission.
Stuff Recommeodaflou: Iflfommfional item only. No action b required.
16G1 ',
Meeting Notes
Motion:
Vote:
CAC/TAC Ageoda
November 19, 1997
I I/IO/F/
1 6 Gl'""
A~£NDA ITEM
Distribution of the CAC
MPO Manual
4c
4c
4c
4c
4c
4c
4c
4c
~ To lm~id~ ~o CAC mem~ ~ msm~l omli~t~ 0~e
mbs[~ snd Io~h fro' 1~7/1~$ s~d Im~ Io bolh I~ CAcfrAc · ~,viz~ of
' - C.e~ddel'M~ml Stl~h~lwodu,c~lsmmutlwbichwtllbed~mthe
$Mff~~: This is on hfor~lo~l ll~ only. 1~ ectic~ is
requb~L
Meeting No~
Motion: ' 'i
CAC-.trAC ~!:
AGENDA ITEM
Transportation Demand
Management (TDM)
Plan Development
4D
4D
4D
4D
4D
4D
4D
4D
4D
CoasMeratlom: At I~e last m~'tinl k CAC i~ITAC dkect~! mtTto
explo~ the ~-vclopmem of ~ TDM ami h3 rdati0m~t~ to curm~ TDP
6eve~ activhles. In respaese. ~ ~ CtYT~ to ix~'pa~ t ~.ope
The propose of-, Trmspof~io~ Demand MmmBemem (TDlVD Plan is to
reduce tnft'~c conlesfioe .nd pollulkm by iallmm:in$ changes in travel
behavior. ~ Itmn building or wtdeainl rom~ m imlxa, Hng sisnal timins.
TDM ~ tl~ ImS~m$~' c~mcity oft~ tmn~ot~tkm system by reducing
the ma'nl~ of v~icl~ o~ the ro~{,,v~/dm'l,,g peak tr~'el times. This is
aecamplished through · vm'k.~ of mmqtes itmed m Influem:lnl mode choice.
t'r~queney of trips trip Icngd~. Jnd mute trsveled. Convenience, cost and ttmin8
of iltemative modes of travel are amon~ the issues ~ldressed in · TDM
1'DM reduc~ u~l'm congestion in several ways. Carpools, vanpools, or buses
move more people in fewer vehicles. Bicycling and w~lklng elimina~ vehicle
tdp~ completely. Ch~nstng the timin$ ~lbe trip to · less caalested period
Meeting Notes
re'riving or deperting a~ the same time. Linkln{ ~ ~ such u
on the wsy ho.~ from wo~. redmes ~ ,mmber of trt~ Work-as-home
mlngement~ aim reduce the to commum.
TI:)M wa~ introduced ~n lt~ 1970 s in ~ Io fuel dx)rtsles and ~ir quality
requirements of the U.S. Clean Air Act. Automobile emiss~ms a~ among the m~jor pollution ~ourccs
~ by the Act. Mmmy metropolitan planninB m
Ty[~ of TDM SO.nteg~
INR..UE~CE TRAVEL BY 9'Fi~TE~IE~'
Time F~i~, ~ ~ b~ c~~ w~ ~ hi~
Rou~ co~ pricin~ !r~lli~en~ trzmpor~ ~ys~'ns (liS)
This is ~n inf~ ~ only. 1~ ~ion is required.
\// \\ 0_'~ __~_//
~4otlon:
~i~de I~:
Second by:
Vote:
1 6Gl'" '
4202 F. Fowl' Art. CUT
T~mpl. FL. 33&20.$37S
SonC~ 574-3 I20
FAX 011~}
CIDaTER FOR URBAN TRANSPO~A~ON RESEARCH
November 6. 1997
Mr. Kenneth C. Heatherington
MPO Coordinator
Naples-Collier County Metropolitan Planning Organization
Community Develc~ment and Eaviromoental Services Division
2800 North Horseshoe Drive
Naples. FL 341O4
Mr.
Auached is the Proposed Scope of ~ for the Collier County Transportation Dcmmxl
Managem~ CrDM) Plan. I have developed the scope and price estimates a~ a stand alone
project pet your request. As you ate aware, some cosl savin~ may accrue through close
coordination with the CUTR-led Transit Development Plan project.
The budget estimate includes nn indirect cost ram that is required by the University of South
Florida. That rate is 20% for projects funded by grants from Florida localities, in the past.
we have conducted simila~ County.wide TDM plans through the Florida Department of
Trampocmion (FDOT) which has allowed u~ to reduce the indirect rate to 5 % (the negotiated
rate for projects funded through stale agency grants). You may want to pursue the possibility
of such an arrangement with the FDOT District Office.
I look forward to dhcu~in$ the project with you in greater detail at your earliest convenience.
I can be reached by telephone at (813) 97~9813 or SUNCOM :574-9813. Thank you for
seeking our assistance in the development of a TDM Plan for Collier County.
Daniel Rudge
Transportation Demand Management Research A.~,ociate
PROPOSED SCOPE OF SERVICES
COLLIER COUNTY TRANSPORTATION DEMAND MANAGEMENT PLAN
INTRODUCTION
At the request of the Naples-Collier County Metropolitan Pl~nning Organization (MPO), the
Center for Ur'oan Trmuport~tion Research (CUTR) at the University of South Florida (USF) has
prepared the following scope of se'vices for a transportation demand management ('I'DM) plnn.
The scope of services will build upon CLrI'R's extensive experience in the successful
implementation ofTDM ~es and will be completed in conjunction with CUTR's
development of the Collier County Transit Development Plan (TDP).
It is anticipated that the Naples-Collier County MIlO start' will support the project by providing
compiled tr~fic da~ assist in identifyin~ and soliciting participants for the Review Committee,
and provide guidance in s~lectin8 appropriate implementation mechanisms for the County TDM
plan. In addition, CUTR inte~d~ to t~ke full advantage ot'oppormni~ies for coordination
between the 'i'DP project and the TDM plan.
PROJECT TASKS
The Collier County Transportation Demand Management (TDM) Plan will examine existing
transportation conditiom, demographic information, development projections, and employer
interest to determine the applicability of TDM strategies in addressing mobility needs. The task
structure is designed to address specific steps in the planning process which include:
· project definition
· iuue formulation
·
·
·
·
·
The following tasks correspond to the steps in the planning process listed above. This approach
will ensure that a successful TOM program will be developed for Collier County.
data collection
~ssue analysis
~mn$ of goals and objectives
plan development
implementation recommendations
plan monitoring and evaluation.
Ta~k I
Project Definition
The first step in the planning process focuses on identifying key issues and developing aa
appropriate framework to manage and oversee the project. CUTR proposes to conduct
background research on potential TDM ~trategies and to establish a Review Committee.
Background Research
CUTR will compile relevant information and review existing data about current TDM
programs in communities with similar demographic characteristics as Collier County.
CUTR will also synthesize available TDM strategies that may be applicable for Collier
County.
Tack !.2
E. stablish a Review Committee
^ Review Committee will be developed to provide input and monitor the project.
Membena of the committee (up to 10 individuals) will be selected in collaboration with
the Naples, Collier County MPO, the Florida Department of Transportation District One
office, and CUTR. To the extent puuible, the selection of Review Committee memben
should be coordinated with the committee selected for the TDP. It is anticipated that the
Review Committee will meet on a g:hedule concurrent with deliverables and other
significant project events. A maximum of five meetings will be conducted.
T~k2
Formulation
The second step in the planning process is the definition of key mobility issues facing Collier
County. It is important to define the key i~ues so that the remaining steps of the process are
directed to collecting appropriate data and selecting the best TDM strategies to meet the mobility
problems. This step will be accomplished through an intensive public involvement process that
will include interview~ with elected officials and community leaders, use of discussion groups,
and a public meeting.
Tadt2.1
Coordination with rD£ Di~sston Groups
cLrrR will use the TDP discussion groups to identify issues, ideas, and concerns about
TDM applications in Collier County. Carefully selected questions related to TDM
strategies, and combinations of strategies, will be posed to participants. This will provide
a list of TDM strategics that should be explored for Collier County.
Faslt 2.2 A~e~ Attitudes of Key Local Officlai~ And Community Leaders
CUTR wdl ~ the attitudes of key IocaJ officials and community leaders regarding
TDM strategies. Officials will also be asked to identify congested roadways a~d/or
travel corridors as well as to list mobility concerns for their Collier County constituents.
Policy issues of grcatest concern will be identified and discussed. Up to ten local
officials and community leaders to be interviewed will be selected with the assistance of
thc Review Committee and thc MPO staff. To the extent possible, interviews will be
conducted in conjunction with the TDP.
CUTR will conduct one public meeting to determine the areas of critical concern for
mobility. CUTR suff'has successfully conducted a number of public meetings using the
nominal group technique that compiles public opinion on mobility issues. In addition, it
will also include invited pmicipants who could not be interviewed or who were
suggested by key local officials or MPO st~f.
Product: Technical Memorandum No. 1
This technical memorandum will summarize the information collected under Tasks I and 2.
This will include, but not be limited to:
· ~rmmary of potential TDM strategies for Collier County
· the results of discussion group activities
· summa.'T of elected official and community leaders attitudes about TDM
· mobility concerns of the ~enerd public.
A draft version of Technical Memorandum No. ! will be submitted to the Naples-Collier County
MPO and the Review Committee for comment. A meeting will be held between CUTR and the
Review Committee to go over comments and to develop revisions. The revised Technical
Memorandum No. I will be incorporated into fl~e final report. The draft technical memorandum
will be mailed to the Review Committee two weeks prior to the scheduled meeting.
Tuk 3 Data Collection
With the problems defined and major issues d~fined, a thorough examination of information
relevant to the problem is required. The data collection is focused on market areas as de£mecl by
major activity centen, major travel torrid, and inter-county travel. In addition, CUTR will
conduct a survey of local employers in order to determine attitudes toward TDM strategies. This
will include questions concerning employer-based TDM str~egies like telework arrangements
and compressed work schedules.
Task J. 1 L~rmogr~ic Data
CUTR will compile relevant demographic data that may impact mobility needs, and/or
provides insight to Collier County commuters travel patterns. Data will be drawn from a
variety of government sources including local planning departments, the Census Bureau,
and the regional planning commission.
Tm, Ir $.2 Traffic Data
Using existing data provided by the Naples-Collier County MPO, local transportation
and/or traffic departments, and the Florida Department of Transportation, CUTR will
develop a transportation data set for ~malysis. Data typically collected for this task
includes u'a/ftc counts, auto occupancy counts, level-of-service calculations, etc.
l'ask 3. 3 Development Data
Using existing data provided by local planning departments, CUTR will compile
information related to futttr~ developments and projected growth axeas. This information
Ta~ J. 4 Identtflcation of gtu'ket drvas
.4.! Major acfivi~ cente~
With inpat from MPO staff, CUTR will identLfy major activity centers within
Collier County which offer opportunities for the application of TDM techniques.
Criteria may include the number of employers s.t each site, employer size, and
pm'king availability,
3.4.2 Major Travel Corridors
With input from the MPO, CUTK will identify axterial travel corridors in Collier
~ty which offer opporttmities for the application of TDM techniques. Criteria
may include high levels of congestion, low peak hour level of service, and high
concentrations ofcom~ trips. Inter-county travel will also be identified.
Task $.$ Identify A,loblll~ Issues Faetng Coil/er CounO~ Employers
With input from the Review Committee, CUTR will design a mobility survey to be
administered to employers in Collier County with 20 or more employees. The surveys
axe important in determining employer attitudes toward TDM and their willingness to
implement TDM strategies at their worksite. The survey will also assess what existing
TDM programs axe in place in Collier County.
Approximately 900 surveys will be ad _m_i_n__~stered using a mail back system. Surveys will
be sent to all employers who have a minimum of 20 employees at their worksite. A
listing of all employers in Collier County with 20 or more employees will be purchased
by CUTR. The list will provide company name, address, and contact person as well as a
reported employee base.
Once the surveys have been returned, they will be entered into a database and analyzed.
The survey results axe a valuable resource in identifying target markets and appropriate
TDM strategies. They will also be useful in identifying TDM strategies that meet
business needs for reeruiting and retaining emplcry, ecs.
4
Task 4 Issue An'flysis
The fourth step in the TDM planning process is to analyze the information collected. This
allows mobility concerns to be understood based on fact rather than perception. It also allows a
betler undemanding of. the problems that could be mitigated through the adoption of specific
TDM strategies. The findings of'one qualitative analysis will be a discussion of the TDM
strategies that will have the most applicability in Collier County. A second analysis will be
conducted to estimate transportation impacts of various mixes of' these preferred strategies.
Task 4. I 3'Xntl~.,rts of Findings
CUTR will conduct an in-depth analysis of'the data and present a list of TDM strategies
that are ngnt appropriate for Collier County. The determination of appropriateness will
be based on the data collected in Task 3 as well as the employer surveys. This will
include the levels of employer willingness to participate in TDM programs.
Ta~k 4. 2
Use of TDM Model to Predict TDM Impacts
The Travel Demand Mann_et, meat Model. developed on behalf of the Federal Highway
Administration, wu developed so that users could quickly examine travel impacts of
vatiota TDM strategies. The model is designed to interact with conventional planning
software packages, such u giINIYTP and TRANTLAN.
Using the necessary trip tables and coefficients provided by the Naples-Collier County
MPO to CIYFR, CUTR will develop · set of four acenarios to predict the impacts of
TDM on trip rates and vehicle mile~ traveled. Based on the results of the four scenario
runs, and on trip reduction needs established by the Naples-Collier County MPO, CUTE.
will develop · set of recommended TDM strategies to meet defined needs.
Task
Goals and Objectives
In this task, draft goals and objectives for implementing TDM in Collier County will be
developed by CUTR. The goals and objectives will be based on the results of the data collection
and analysis phas~ completed in Tasks 3 and 4. The draft goals and objectives will be provided
to the Review Committee for their approval.
Product: Technical Memorandum Number 2
Technical memorandum No. 2 will summarize the results of the data collection efforts in Task 3,
the analysis conducted in Task 4. and the goals and objectives developed in Task 5. The
technical memorandum will include, but may not be limited to:
· a profile of market areas for application of TDM strategies
· an analysis of traffic, demographic, and development data that assesses TDM potential
presentation otemployer survey results, including willingness to participate in TDM
li~! of ~pl~'opriate 'I'D~ strategies along with a determination o£ potential for
application in Collier
disctmiom of the tour genarios run trader the TDM Model
aa erdmate ofTDM impac~ on trip rates and vehicle miles of travel
aad objmives.
A draft version of Technical Memorandum No. 2 will be submitted to the Naples-Collier County
hiPO and the Review Committee for comment A meeting will be held between CUTR and the
Review Committee to go over comments and to develop revisions. A revised Technical
Menmran~ 1'4o.2 will be incorpomed into the final report.
Task 6
Plan Development
Under this mk. CUTR will prepare a plan for the development of TDM strategies in Collier
County. The plan will provide guidance on how to achieve the goals and objectives approved by
the Review Committee in Task S. Based on the plan devised, CLFTR will prepare
recommendations on how the plan can be implemented, and how the TDM program can be
monitored and evaluated.
Fask 6. I Dewlop lDM Actton Plan
Using the goals and objectives, CUTR will develop an action plm that recommends
specific actions for Collier County to complete for a TDM program.
Ta~ 6.2 Implementation Guidelines
CUTR will prepare implementation recommendations for the TDM plan. This will
include a schedule for completion of specific tasks to ensure that the TDM program is
developed in a timely and effective fashion. A staffing plan and proposed budget will
also be included.
Taslt 6.3 Monitoring and Evaluation Guidance
Using the goals and objective~ as the framework, CUTR will develop a series of
evalu,uion criteria for the TDM program. The criteria will allow Collier County to
evaluate progress toward achieving the listed goals and objectives.
Product: Technical Memorandum No..t
Technical Memorandum No. 3 wiU provide guidance on the establishment of a TDM program in
Collier County. The memorandum will include, but may not be limited to:
6
m ~ion plm detailing specific ~'tions th~z must be ~ ~o d~elop a ~M pro~
r~ Colli~ C~
impl~~ ~i~ ~cl~ing ~el~e, for ~e ~plication of a ~M pro~ in
~~ ~d mo~g ~it~a m ~re ~e ~M pm~ is ~rking towed
~ng ~~ ~ ~d ~j~v~.
A draft version of the action plan, implementation guidance and evaluation and monitoring
criteria will be submitted to the Napks. C..olller County MPO sad the Review Committee for
comment A m~g will b~ hc'qd ~ CUTR and the Review Committee to go over
commems and to develop rm6$io~. CUTR will then develop ~ revised Technical Memorandum
No. 3 for inclusion in the final report.
Tuk ?
Final Report and Pre~entatfon
Under this task, CUTR will prepare the final report and final presentation. This will include a
compilation of the three techni~ memorandums md a visual aid enhanced presentation to the
general public.
Produ~: Final Presentation
A single presentation on the key findings and recommendation will be made at a public meeting
in Naples. The general public, M?O staff, FDOT, and the Review Committee will be invited to
attend and comment on the proposed TDM program for Collier County. Overheads and/or other
visual aids will be used in the presentation.
Product: Final Report
A final report will be developed from the thrrm revised technical memorandums. The report will
be produced within two weeks from the date of the final presentation. Collectively, the technical
memorandum will ~erve u the Collier County Tmrapormion Demand Management Plan.
CUTR will pres4mt ten (10) cogies ofthe lruml report and one (!) camera ready original to the
Naples-Collier County MPO for distribution.
COST
The es~ cost to complete the Collier County TDM Plan detailed in this scope of services is
$49,672. This includes all labor, expenses, and the University of' South Florida required 20%
indirect rate. A budge~ estimate is enclosed for your review.
7
AGENDA ITEM
Correspondence from MPOAC
Regarding ISTEA
5
5
5
5
5
5
5
5
5
16~1 -
5cvtt Paine
Chairman
16 1.-,
The Florida Metropolitan Planning Organization Advisory Council
Enclosed are the following informational items:
$ AMPO Alert on ISTEA Reauthorization
$ October 29, 1997 Memorandum from Doug Callaway. FDOT Federal
Programs Coordinator. subject Revised Update - Congressional ISTEA
Reauthorization Action.
The Florida Senate Interim Project Report on Review of the Department
of Transportation's Contracting and Quality Assurance Processes.
$ U.S. Department of Transportation, Bureau of Transportation Statistics,
Announcement of Availability.
Howard Glassman, Executive Director
605 Suwarmee Street, MS 28B · Tallahassee, Florida 32399-0450
1-800-399-5524 or 904487~ · Fax 90~.413..9107
1 °
PL£AS£ D[LIVEII I0: ffoverd Glzmm~.Floridz Netropol/tin Plznn/n I OF ! ffOV $ ~7
ALERT
BONO COMPROMISE COULD JEOPARIDZE FUNDING
FOR SOME M OS
S~a~tor ledt Bomt O~MO) ha~ penS:mt~l · ab~month exzemion compromise which may be ',l'.e only vehlde
~ m provide ~ ¼Bhwzy and ~amit fla'~at~ ,_~/stam:a. The compro~se wauld do tht~ foiluwlng.
!
BOWEVER~ ADDmONAL ADYANCF, ltIGHWAY PL lrtm~s (molIWAv M~rgO~Ola'rAN
i'LANN"ING lrUNO$) ~tt ,'m3T I'ROVIDgD TO ~BOLD IIARMI,lt~" THO~ MI>OS WH~Cll MAY
RUN OUT Of PL ~ I~'~ttgN NOW AND M~CX131~ 1998. THIS MZANS T~T
HAVE SL'~ MO,'Yi'I~ WORTII OF CARRYOVER PL FUNDS,
t~'t ka~ recommended ~ t~ ttat~ IJ~ retl~lt~ to te~ ~ fram either and/or baOt, their new
'ad.m~mn fun,~J ~r fr~rn tl~tr ~i~tl~ ttno~llgatetl balanct~, t~cA fttndt a~ nece~ary to m~tMn
tha MPO plannlnr tnn~c~ in ~ ttat~ ttt I,e~/J comparablt to tAe fb.tt Mx montl~ of FY 1~96 or
.t:r l $97, ~Aiehe~er IJ gre~ter.
I~'OT~ Unl~ ~ MI'O opemk,m cannot be ~. W'nl~ut ~6~ funditW,, lvIPOs will have to cut
PLEASE
Immediatdy contact your Senators to maim them aware of this problem, and urge them
to contact Senator I~lt Bond with a recommendation that his compromise addrcss the
problem of contlnnlng IVtPO operations by using the above remedy,
Fro' mo~ in/'cn'mation, contact Jan~ Oak$cy at NARC at 202-4S7-0710 x. 19.
FLORIDA
DEPAR ENT OF TRANSPORTATION
MEMORANDUM
DA'm:
concer'M la B~ (HR 2400.6.ymrunkxj). lnorexxn~ Jt uses tbeSTEP 21 fnrnda
prov~ a 'mc' ~ % MA on all forumla fmndln{. Howler. ~ 95% MA anmlly wutta
out Mbe an effeet,N,e 90% gutrana~ AlsotMs"~'ft.~t{ve' ~0% MA cov~ rougMy E7% o(
is l'udly'78~G. TAb b bott~r thuwhntwe'~ tvetesed unde~ ~si~ ~wu 78 cents
~ mtmtly - oau{m~ z~ th~ y~.ly ~ of $7~ minion f~ Rs~ fi~t $ y=z~ of
b S867 minkm).
XXZiY.,&=II: The Se. miobill (B.1173) wm lntruduc~ S~)eunbea. 12thwith tta: full
supix~ of EPW Commlm~ ~ John On/be (R-RI), itmking ~ k/tx Bazz~
(D-Mo~), SuJx:x~Lmk~e ChJrmn dk SI'BP 21 sponsor John Wa~er (R-Va.). Senator Bob
Oraham smd at hnut mxxher 8-10 S4mae0rL TMs biU b msendsdly a hybrid Ime~v~m STEP 21
It pruv~ a 90 pcrccnt rct~'n on 92% of th~ total do{lac~, cltirn~ W strczmlir~ dsc program
Itwould ~ ~ at kest St Bfllkm ix=r year ovcra 6-year pcrkxL
t'un ~'mrt-up' ot'ds~rnspsct~b~ ouWedncsd~, ~ x?m. wbae t~
Sm3a~ IR*W ~ ~ out LqTF~ II on ~mt dam l~y a tmanlnxxn v~xc of 18-0, at
6-~ X~'EA II le. Oslatlon. Given tlm Sena~'s trmbfllty to securc procedural tarcc~m to
consMcr S. 1173, n shors-4w'm xs'rRA ~lsmsion wgnkl now seem to be a Sxe:ater llk~lfl,,ood.
tn~A~9 CtO/"//~'7) 1' 6 G 1
COMPAR~ON OF FLORmA FC~ING UNOER ISTEA~ TO
2400 (6-Y'r. AR VERSION), AND S.1173
For compe:boa purpoe~ ~s ~ ~ of avu~ mnml ISTEA t%nding for the
Florl~'a Ram of Righ.,va7 Tru~ g~md P~rymmm (19~ - 5.12%
9~'/, Rm af Retm'n - 0.9S X 5.116% - 4~6%
P0% Rate ef P.a~tra- 0J0 X S.116% -4.60%
3.12~4
~ ~ ~ ~ 1~1 ~b~ ~ ~ pm~ oft 90 p~t r~
~ ~ ~ ~-~ ~ ~e ~ C~ to ~ a ~g~ shoe
~~~ ~~S ~ h~b ~~ ~ Bob
P~~ ~~~~ds~a~~ on~
18~ Oe~ed Until Ne~ Year ~ ~a~ ~J~ Cl~m
~I~~. ~~ ~ 30. ~ ~~
' ~ ~~ ~r~~~ ~ ~ ~ ~ for~ ~u~
~~ ~ ~ ~f~s wo~ of~. Ifs ~
Lott Indicates Tallcu Underway To Break Senate LogJam ...
S~W l~taJori~ Ltnda. l~tt sdd ttlk~ sm ~ ~ m ~ ~ !o~
W~. ~J~ ~p ~lc~ ~M ~f~ ~ ~ ~ ~ -~~
10/21,'~ ]:45 FM
L
Ck:tebe~ 28. 1997
Washmltml. DC 20~I0
The Hoeolble Thorna~ A.. Daschle
Wasl~inlton. DC 20510
Tramponaaon Ta.~k Fomt Tra~ Ta:,k Force
¢: Ail U.~.
Ail
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Naples
Collier County
Metropo. litan
Plan.mn .g
Organ~.at~on
1 6G1' mm{
RECEIVED
NOV 1 ~ i997/~
anard of Count:, Cn~tssfoners
AREA AGENCY ON AGING
rcm soutflw~st Flmml~, Ira:.
for ~ ~ ~ ~ with Collier County Se~,'(c~ f~
~ ~ ~ ~ ~~ ~th ~r ~nt~ins
I lave enclo~d a copy oftle most recent report tbr your review. Ir'you have questions or
commenu regnrdi~ ~ report, pleue ~ not heWme to comact this o~c~.
Na~ci Loclm~, Prosrmm Sup~
Mm7 ~ CPA,
Misc. Corres:
Cop(es To: ~.~ ·
~ I~ Stm~. lc~ ~f~. ll~ ~1-~ · 194~ 3~2-4233 ~C~ 7~-6947 lax (%111 3~2-3596
I-~~233 · I~ (94~332-73f~
PSA ~
AREA AGI~CY ON AGING
1997 TECHNICAL A~q~~ REPORT
IlOME CAR~ FOR THE ELDERLY
1661"
GRANTEE ADDRESS:
i'HON~ NUMBK~:
FUNDING SOURCE:
CONTRACT NUMBER:
COUNTIES SERVED:
COLLIER COUNTY SERVICES FOR SENIORS
Collier County ~ Complex
3~01 T&-nlami T~I East, Naples, FL 3~962
941/~/4-1443
HCE 0.~0.40.97
COLLIER COUNTY
~ OF VISIT: Qumerly monitoring of liCE fiscal records
DAT~ OF VISIT: Octobcs' ! 6. 1997
NAMT,/I'ITZ~ OF GRAN'I'~F, CONTACTS:
John FerreJl, Accountant Tecbnkfan
Vf4mn A. ~ummer. Accountant !
AAA MONrroa
November I 1.1997
DATE OF REPORT
NARRATIVE SUMMARY OF TECI4NI~L ASSISTANCE VISIT
Accounting Poli.c~ & Procedure Monthly Review
....... [[[[[ [ [[,~[[[[~'[T[I[N,I[~[ [ '[~ [[[ I [
¥ N M U N/A
[[ [
Expenditures
On October 16, 1997, we reviewed the HCE prosram admb',istered by Collier County Services
for Seniort C. olller Coumy h~ m averase of 76 active cflents for July, August and September
! 997. Ail active {:fmcs _rec_.e/ved a basic subsidy for all tlu'ee months. Eleven clients for July,
eishteen crm~ts for August and fifteen cl'mr, s for September received special subsidy payments.
All o£the vouchers for July, August and September 1997 were reviewed. Collier County Services
for Senior's vouchers con'espond to the Area Agency on Aging records. No discrepancies were
noted durin$ the on-site review.
rdT. Y=Yes, Standard Met;l~Not Mca, M-~ U-thtble Io v~ify. N/A-Nm Applicable
24, 199'/
16G1"
NOV 2 6 IC~7
~m. comm. ~.~c'd ropy
F~)~m' ~orm~k~ ~ ~ ~ b~ ~ a ~F~~ of'C~m Ad Valorem Tax and Non-Ad
Solld Was~~'
Grind To~
$ 9,103,12~,40
~ yo~ w~ ~ · ~m~p ~ year to da~ totals of taxes collected net of'
dhcount fo~ 1993, 1994, 1995, 19~6 ~nd 1997.
MAW/pld
encl.
Hon. l"unothy J. ~
Hoo. John Norris
Hon. Pameta ~
Mr. ~ F. FernandeZ, Corny ~strator
H~ (hO'l.. Carlton, Tax Co0ector
Mr. CUud~ A. Haym~ ~ Tsx Conoc~
Misc. Corres:.
Copies To: